United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872 1962 76
1 UNITED STATES
STATUTES AT LARGE

CONTAINING THE

LAWS AND CONCURRENT RESOLUTIONS

ENACTED DURING THE SECOND SESSION OF THE

EIGHTY-SEVENTH CONGRESS

OF THE UNITED STATES OF AMERICA

1962

AND

REORGANIZATION PLAN, PROPOSED AMENDMENT

TO THE CONSTITUTION, AND PROCLAMATIONS

Volume 76

IN ONE PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON : 1963

PUBLISHED BY AUTHORITY OF LAW UNDER THE DIRECTION OF THE ADMINISTRATOR OF GENERAL SERVICES BY THE OFFICE OF THE FEDERAL REGISTER, NATIONAL ARCHIVES AND RECORDS SERVICE

For sale by the

Superintendent of Documents

U.S. Government Printing Office, Washington 25, D.C.

Price $10.00 (Buckram)

 III CONTENTS Page List of Public Laws V List of Private Laws XXXIII List of Concurrent Resolutions XLV List of Proclamations XLVII Public Laws 3 Reorganization Plan No. 2 of 1962 1253 Proposed Amendment to the Constitution 1259 Private Laws 1263 Concurrent Resolutions 1415 Proclamations 1433 Laws Affected in Volume 76 1511 Subject Index 1597 Individual Index 1675 V LIST OF PUBLIC LAWS CONTAINED IN THIS VOLUME THE EIGHTY-SEVENTH CONGRESS OF THE UNITED STATES SECOND SESSION, 1962 Public Law Page 87–402 3 87–403 4 87–404 8 87–405 9 87–406 9 87–407 9 87–408 10 87–409 19 87–410 19 87–411 20 87–412 20 87–413 21 87–414 23 87–415 23 87–416 33VI 87–417 33 87–418 34 87–419 34 87–420 35 87–421 43 87–422 44 87–423 46 87–424 46 87–425 50 87–426 51 87–427 51 87–428 52 87–429 52 87–430 53 87–431 53 87–432 53 87–433 54 87–434 54 87–435 55 87–436 55VII 87–437 56 87–438 57 87–439 58 87–440 58 87–441 59 87–442 62 87–443 62 87–444 63 87–445 64 87–446 64 87–447 64 87–448 68 87–449 69 87–450 69 87–451 70 87–452 71 87–453 71 87–454 72VIII 87–455 72 87–456 72 87–457 79 87–458 81 87–459 82 87–460 83 87–461 85 87–462 85 87–463 86 87–464 86 87–465 87 87–466 87 87–467 88 87–468 88 87–469 89 87–470 89 87–471 90 87–472 90IX 87–473 91 87–474 91 87–475 92 87–476 92 87–477 93 87–478 93 87–479 94 87–480 94 87–481 95 87–482 95 87–483 96 87–484 102 87–485 103 87–486 103 87–487 103 87–488 104 87–489 104 87–490 105 87–491 106X 87–492 107 87–493 108 87–494 109 87–495 109 87–496 109 87–497 110 87–498 110 87–499 110 87–500 111 87–501 111 87–502 111 87–503 112 87–504 112 87–505 112 87–506 112 87–507 113 87–508 114 87–509 120 87–510 121 87–511 124XI 87–512 124 87–513 125 87–514 126 87–515 127 87–516 128 87–517 128 87–518 129 87–519 132 87–520 134 87–521 135 87–522 135 87–523 135 87–524 140 87–525 140 87–526 141 87–527 142 87–528 143 87–529 150 87–530 151XII 87–531 152 87–532 153 87–533 154 87–534 155 87–535 156 87–536 167 87–537 168 87–538 168 87–539 169 87–540 170 87–541 171 87–542 171 87–543 172 87–544 208 87–545 209 87–546 216 87–547 217 87–548 218XIII 87–549 219 87–550 220 87–551 221 87–552 222 87–553 222 87–554 223 87–555 244 87–556 245 87–557 245 87–558 246 87–559 246 87–560 247 87–561 247 87–562 247 87–563 249 87–564 254 87–565 255 87–566 264 87–567 264 87–568 264 87–569 265XIV 87–570 306 87–571 307 87–572 307 87–573 307 87–574 308 87–575 310 87–576 317 87–577 318 87–578 335 87–579 352 87–580 356 87–581 357 87–582 361 87–583 381 87–584 382 87–585 385 87–586 386 87–587 387XV 87–588 388 87–589 388 87–590 389 87–591 393 87–592 394 87–593 395 87–594 395 87–595 397 87–596 398 87–597 399 87–598 400 87–599 401 87–600 401 87–601 402 87–602 402 87–603 403 87–604 403XVI 87–605 404 87–606 404 87–607 405 87–608 405 87–609 405 87–610 406 87–611 406 87–612 407 87–613 407 87–614 408 87–615 409 87–616 411 87–617 413 87–618 414 87–619 414 87–620 415 87–621 417XVII 87–622 418 87–623 418 87–624 419 87–625 427 87–626 427 87–627 428 87–628 428 87–629 429 87–630 431 87–631 432 87–632 434 87–633 435 87–634 435 87–635 436 87–636 436 87–637 437 87–638 437 87–639 438XVIII 87–640 438 87–641 439 87–642 439 87–643 440 87–644 440 87–645 441 87–646 442 87–647 447 87–648 447 87–649 451 87–650 502 87–651 506 87–652 527 87–653 528 87–654 530 87–655 530 87–656 534 87–657 538 87–658 541 87–659 544XIX 87–660 545 87–661 545 87–662 546 87–663 547 87–664 548 87–665 552 87–666 553 87–667 555 87–668 555 87–669 556 87–670 556 87–671 557 87–672 557 87–673 557 87–674 558 87–675 558 87–676 559 87–677 559 87–678 560 87–679 569XX 87–680 569 87–681 570 87–682 575 87–683 575 87–684 576 87–685 579 87–686 580 87–687 585 87–688 586 87–689 587 87–690 588 87–691 589 87–692 592 87–693 593 87–694 594 87–695 594 87–696 595 87–697 596 87–698 597 87–699 598XXI 87–700 598 87–701 599 87–702 605 87–703 605 87–704 632 87–705 633 87–706 634 87–707 635 87–708 635 87–709 636 87–710 648 87–711 650 87–712 650 87–713 652 87–714 653 87–715 654 87–716 655XXII 87–717 662 87–718 663 87–719 664 87–720 666 87–721 667 87–722 668 87–723 670 87–724 672 87–725 673 87–726 676 87–727 677 87–728 677 87–729 679 87–730 680 87–731 695 87–732 696 87–733 697 87–734 698XXIII 87–735 704 87–736 710 87–737 710 87–738 711 87–739 715 87–740 715 87–741 716 87–742 740 87–743 740 87–744 741 87–745 742 87–746 742 87–747 743 87–748 744 87–749 745 87–750 746 87–751 748 87–752 749 87–753 750XXIV 87–754 750 87–755 751 87–756 751 87–757 752 87–758 752 87–759 755 87–760 760 87–761 760 87–762 761 87–763 762 87–764 762 87–765 763 87–766 763 87–767 764 87–768 766 87–769 767 87–770 768 87–771 768XXV 87–772 769 87–773 775 87–774 775 87–775 776 87–776 777 87–777 777 87–778 778 87–779 778 87–780 779 87–781 780 87–782 796 87–783 797 87–784 804 87–785 805 87–786 805 87–787 805XXVI 87–788 806 87–789 807 87–790 808 87–791 809 87–792 809 87–793 832 87–794 872 87–795 903 87–796 904 87–797 907 87–798 908 87–799 909 87–800 909 87–801 909 87–802 910 87–803 910 87–804 910 87–805 911 87–806 913 87–807 914XXVII 87–808 920 87–809 920 87–810 921 87–811 922 87–812 922 87–813 922 87–814 923 87–815 926 87–816 928 87–817 929 87–818 934 87–819 935 87–820 936 87–821 938 87–822 943 87–823 944 87–824 947 87–825 948 87–826 951 87–827 953XXVIII 87–828 954 87–829 956 87–830 957 87–831 958 87–832 958 87–833 959 87–834 960 87–835 1069 87–836 1071 87–837 1071 87–838 1072 87–839 1074 87–840 1075 87–841 1078 87–842 1079 87–843 1080 87–844 1106XXIX 87–845 1106 87–846 1107 87–847 1117 87–848 1118 87–849 1119 87–850 1126 87–851 1127 87–852 1129 87–853 1130 87–854 1130 87–855 1131 87–856 1132 87–857 1133 87–858 1134 87–859 1138 87–860 1138 87–861 1139 87–862 1140XXX 87–863 1141 87–864 1143 87–865 1144 87–866 1145 87–867 1150 87–868 1155 87–869 1157 87–870 1158 87–871 1162 87–872 1163 87–873 1171 87–874 1173 87–875 1198 87–876 1199 87–877 1200 87–878 1202 87–879 1203XXXI 87–880 1216 87–881 1229 87–882 1239 87–883 1244 87–884 1246 87–885 1247 XXXIII LIST OF PRIVATE LAWS CONTAINED IN THIS VOLUME Private Law Page 87–285 1263 87–286 1263 87–287 1264 87–288 1264 87–289 1265 87–290 1265 87–291 1265 87–292 1266 87–293 1266 87–294 1266 87–295 1267 87–296 1267 87–297 1267 87–298 1268 87–299 1268 87–300 1268 87–301 1269 87–302 1269 87–303 1270 87–304 1270 87–305 1271 87–306 1271 87–307 1272 87–308 1272 87–309 1272 87–310 1272 87–311 1273 87–312 1273 87–313 1274 87–314 1274 87–315 1275XXXIV 87–316 1276 87–317 1275 87–318 1275 87–319 1276 87–320 1276 87–321 1276 87–322 1277 87–323 1277 87–324 1277 87–325 1278 87–326 1278 87–327 1279 87–328 1279 87–329 1279 87–330 1280 87–331 1280 87–332 1281 87–333 1281 87–334 1281 87–335 1282 87–336 1282 87–337 1283 87–338 1283 87–339 1283 87–340 1284 87–341 1284 87–342 1284 87–343 1285 87–344 1285 87–345 1285 87–346 1286 87–347 1286 87–348 1286 87–349 1287 87–350 1287 87–351 1287 87–352 1288XXXV 87–353 1288 87–354 1288 87–355 1289 87–356 1289 87–357 1289 87–358 1290 87–359 1290 87–360 1291 87–361 1291 87–362 1292 87–363 1292 87–364 1292 87–365 1293 87–366 1293 87–367 1293 87–368 1294 87–369 1294 87–370 1294 87–371 1295 87–372 1295 87–373 1295 87–374 1296 87–375 1296 87–376 1297 87–377 1297 87–378 1297 87–379 1297 87–380 1298 87–381 1298 87–382 1299 87–383 1299 87–384 1299 87–385 1300 87–386 1301 87–387 1301 87–388 1301 87–389 1302 87–390 1302 87–391 1302XXXVI 87–392 1303 87–393 1303 87–394 1304 87–395 1304 87–396 1304 87–397 1305 87–398 1305 87–399 1306 87–400 1306 87–401 1306 87–402 1307 87–403 1307 87–404 1307 87–405 1308 87–406 1308 87–407 1308 87–408 1309 87–409 1309 87–410 1309 87–411 1309 87–412 1310 87–413 1310 87–414 1310 87–415 1311 87–416 1311 87–417 1311 87–418 1312 87–419 1312 87–420 1312 87–421 1313 87–422 1313 87–423 1313 87–424 1314 87–425 1314 87–426 1314 87–427 1315 87–428 1315 87–429 1315 87–430 1316 87–431 1316 87–432 1316 87–433 1317XXXVII 87–434 1317 87–435 1317 87–436 1318 87–437 1318 87–438 1318 87–439 1319 87–440 1319 87–441 1319 87–442 1319 87–443 1320 87–444 1320 87–445 1320 87–446 1321 87–447 1321 87–448 1322 87–449 1322 87–450 1323 87–451 1323 87–452 1323 87–453 1324 87–454 1324 87–455 1324 87–456 1324 87–457 1325 87–458 1325 87–459 1325 87–460 1326 87–461 1326 87–462 1326 87–463 1327 87–464 1327 87–465 1327 87–466 1328 87–467 1328 87–468 1328XXXVIII 87–469 1329 87–470 1329 87–471 1329 87–472 1330 87–473 1330 87–474 1330 87–475 1330 87–476 1331 87–477 1331 87–478 1331 87–479 1332 87–480 1332 87–481 1333 87–482 1333 87–483 1333 87–484 1334 87–485 1334 87–486 1334 87–487 1335 87–488 1335 87–489 1335 87–490 1336 87–491 1336 87–492 1336 87–493 1336 87–494 1337 87–495 1337 87–496 1338 87–497 1338 87–498 1338 87–499 1339 87–500 1339 87–501 1339 87–502 1339 87–503 1340 87–504 1340 87–505 1341 87–506 1341 87–507 1341 87–508 1342XXXIX 87–509 1342 87–510 1342 87–511 1343 87–512 1343 87–513 1343 87–514 1344 87–515 1344 87–516 1345 87–517 1346 87–518 1347 87–519 1347 87–520 1347 87–521 1348 87–522 1348 87–523 1348 87–524 1349 87–525 1349 87–526 1349 87–527 1349 87–528 1350 87–529 1350 87–530 1350 87–531 1351 87–532 1351 87–533 1352 87–534 1353 87–535 1353 87–536 1353 87–537 1353 87–538 1354 87–539 1354 87–540 1355 87–541 1355 87–542 1355 87–543 1356XL 87–544 1356 87–545 1357 87–546 1357 87–547 1358 87–548 1358 87–549 1358 87–550 1358 87–551 1359 87–552 1359 87–553 1360 87–554 1360 87–555 1360 87–556 1361 87–557 1361 87–558 1361 87–559 1362 87–560 1362 87–561 1362 87–562 1363 87–563 1363 87–564 1363 87–565 1364 87–566 1364 87–567 1364 87–568 1364 87–569 1365 87–570 1365 87–571 1365 87–572 1366 87–573 1366 87–574 1367 87–575 1367 87–576 1367 87–577 1368 87–578 1368 87–579 1369XLI 87–580 1369 87–581 1370 87–582 1370 87–583 1370 87–584 1371 87–585 1371 87–586 1372 87–587 1372 87–588 1372 87–589 1373 87–590 1373 87–591 1374 87–592 1374 87–593 1374 87–594 1375 87–595 1375 87–596 1375 87–597 1377 87–598 1377 87–599 1377 87–600 1378 87–601 1378 87–602 1378 87–603 1379 87–604 1379 87–605 1380 87–606 1380 87–607 1380 87–608 1381 87–609 1381 87–610 1381 87–611 1382XLII 87–612 1382 87–613 1382 87–614 1383 87–615 1383 87–616 1383 87–617 1383 87–618 1384 87–619 1384 87–620 1384 87–621 1385 87–622 1385 87–623 1385 87–624 1386 87–625 1386 87–626 1387 87–627 1387 87–628 1387 87–629 1388 87–630 1389 87–631 1389 87–632 1390 87–633 1390 87–634 1391 87–635 1391 87–636 1391 87–637 1392 87–638 1392 87–639 1392 87–640 1393 87–641 1393 87–642 1393 87–643 1394 87–644 1394 87–645 1394 87–646 1395XLIII 87–647 1395 87–648 1395 87–649 1396 87–650 1396 87–651 1396 87–652 1397 87–653 1397 87–654 1398 87–655 1398 87–656 1399 87–657 1399 87–658 1400 87–659 1400 87–660 1400 87–661 1401 87–662 1402 87–663 1402 87–664 1403 87–665 1404 87–666 1404 87–667 1405 87–668 1405 87–669 1405 87–670 1406 87–671 1406 87–672 1407 87–673 1407 87–674 1407 87–675 1408 87–676 1408 87–677 1409 87–678 1409 87–679 1409 87–680 1410 87–681 1410 87–682 1410 87–683 1411 87–684 1411 XLV LIST OF CONCURRENT RESOLUTIONS CONTAINED IN THIS VOLUME Congress. 1415 Lt. Col. John H Glenn, Jr. 1415 “A Report of U.S. Foreign Policy and Operations.” 1415 “Administered Prices, Drugs.” 1416 Voluntary Overseas Aid Week. 1416 Veterans’ Benefits Calculator. 1416 Civil Defense—1961, Hearings. 1416 “Our Flag.” 1417 “Manipulation of Public Opinion by Organizations Under Concealed Control of the Communist Party.” 1417 “Hearings Relating to H.R. 4700, To Amend Sec. 11 of the Subversive Activities Control Act of 1950, as Amended (the Fund for Social Analysis).” 1417 “Guide to Subversive Organizations and Publications.” 1417 Hearings on Small Business Problems in the Poultry Industry. 1418 Inaugural addresses, from President George Washington to President John F. Kennedy. 1418 House of Representatives. 1418 Soil Conservation Districts—Anniversary. 1418 Virginia Dare—Anniversary ceremonies. 1419 Hearings on the Revenue Act of 1962. 1419 H.R. 10788. 1419 S. 1745. 1419 National stockpile. 1420 “Constitutional Rights of the Menially Ill” and “Wiretapping and Eaves-dropping Legislation.” 1421 “Supplement to Cumulative Index to Publications of the Committee on Un-American Activities—1955–1960.” 1421 “Cumulative Index to Publications of the Committee on Un-American Activities, 1938–1954.” 1421 “The Truth About the Film ‘Operation Abolition’.” 1421 “Hearings on Small Business Problems Created by Petroleum Imports.” 1421 “Judicial Review of Veterans’ Claims.” 1422 “Motor Vehicles, Air Pollution and Health.” 1422 General of the Army Douglas MacArthur. 1422 H.R. 11038. 1422 H.R. 10786. 1423 Ioannis Constantelias. 1423 Impact of imports and exports on employment. 1423 First Inaugural of Abraham Lincoln—Anniversary. 1424 “Military Cold War Education and Speech Review Policies.” 1424 S. 2321. 1424 Iran, earthquake. 1424 H.R. 10062. 1425 “Structure and Organization of the Communist Party of the United Stales.” 1425 Deportation suspensions. 1425 National stockpile. 1427 Bethel Home Demonstration Club. 1427XLVI “State of the Economy and Policies for Full Employment.” 1427 Pooled cotton allotments of Billie Sol Estes. 1427 H.R. 10. 1428 Federal Employees. 1428 “Education for All Children—What We Can Learn From England.” 1428 Geological Survey Map of U.S. 1428 H.R. 8567. 1429 Berlin. 1429 Constitution of the U.S. 1429 Congress. 1430 Enrolled bills, etc. 1430 XLVII LIST OF PROCLAMATIONS CONTAINED IN THIS VOLUME No. 3435 1433 3436 1433 3437 1435 3438 1435 3439 1437 3440 1438 3441 1439 3442 1440 3443 1441 3444 1443 3445 1444 3446 1445 3447 1446 3448 1447 3449 1448 3450 1449 3451 1450 3452 1450 3453 1451 3454 1452 3455 1454 3456 1456 3457 1457 3458 1457 3459 1458 3460 1459 3461 1460 3462 1461 3463 1462 3464 1462 3465 1464 3466 1464 3467 1465 3468 1467 3469 1476 3470 1477 3471 1478 3472 1478 3473 1480 3474 1481 3475 1481 3476 1482 3477 1483 3478 1484 3479 1485 3480 1490 3481 1491XLVIII 3482 1492 3483 1493 3484 1493 3485 1494 3486 1495 3487 1497 3488 1498 3489 1499 3490 1500 3491 1500 3492 1501 3493 1502 3494 1503 3495 1504 3496 1505 3497 1506 3498 1506 3499 1507 3500 1508 3501 1509 PUBLIC LAWS

PUBLIC LAWS

enacted during the

SECOND SESSION OF THE EIGHTY-SEVENTH CONGRESS

of the

UNITED STATES OF AMERICA

 Begun and held at the City of Washington on Wednesday, January 10, 1962, and adjourned sine die on Saturday, October 13, 1962. John F. Kennedy, President; Lyndon B. Johnson, Vice President; John W. McCormack, Speaker of the House of Representatives. Public Law 87–402: To change the name of the Playa del Rey Inlet and Harbor, Venice, California, to the “Marina del Rey, Los Angeles, California”. Public Law 402 Public Law 87–402 76 Stat. 3 1962-02-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–402
AN ACT To change the name of the Playa del Rey Inlet and Harbor, Venice, California, to the “Marina del Rey, Los Angeles, California”.

February 2, 1962

[H. R. 157]

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

Marina del Rey, Los Angeles, Calif.

Designation.

 water designated as the Playa del Rey Inlet and Harbor, Venice, California, by section 101 of the River and Harbor Act of 1954 (68 Stat 1252; Public Law 780, Eighty-third Congress), shall be known and designated hereafter as the “Marina del Rey, Los Angeles, California”. Any law, regulation, map, document, record, or other paper of the United States in which such body of water is referred to shall be held to refer to it as the “Marina del Key, Los Angeles, California”.
Approved February 2, 1962.
3 Public Law 87–403: To amend the Internal Revenue Code of 1954 so as to provide that a distribution of stock made to an individual (or certain corporations) pursuant to an order enforcing the antitrust laws shall not be treated as a dividend distribution but shall be treated as a return of capital; and to provide that the amount of such a distribution made to a corporation shall be the fair market value of the distribution. Public Law 403 Public Law 87–403 76 Stat. 4 1962-02-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 4 Public Law 87–403
AN ACT To amend the Internal Revenue Code of 1954 so as to provide that a distribution of stock made to an individual (or certain corporations) pursuant to an order enforcing the antitrust laws shall not be treated as a dividend distribution but shall be treated as a return of capital; and to provide that the amount of such a distribution made to a corporation shall be the fair market value of the distribution.

February 2, 1962

[H. R. 8847]

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

Stock, antitrust distribution.

Income tax treatment.

68A Stat. 295; 70 Stat. 139.

26 USC 1101–1103.
That (a) subchapter O of chapter 1 of the Internal Revenue Code of 1954 (relating to gain or loss on disposition of property) is amended by adding at the end thereof the following new part: “PART IX— DISTRIBUTIONS PURSUANT TO ORDERS ENFORCING THE ANTITRUST LAWS “Sec. 1111.
“SEC. 1111. DISTRIBUTION OF STOCK PURSUANT TO ORDER ENFORCING THE ANTITRUST LAWS. “(a)

68A Stat. 84, 95, 98.

26 USC 301, 312, 316.

 General Rule.— Notwithstanding sections 301,312, and 316, a distribution of divested stock (as defined in subsection (e)), to a qualifying shareholder (as defined in subsection (b)), to which section 301 (c)(1) would, but. for this section, apply, shall be a distribution which is not out of the earnings and profits of the distributing corporation for purposes of this subtitle. “(b)

Definitions.

 Qualifying Shareholder.—For purposes of this section, the term ‘qualifying shareholder’ means any shareholder other than a corporation which may be allowed a deduction under section 243, 244,

26 USC 243–245.

 or 245 with respect to dividends received. “(c) Special Rules.— “(1) Distributions to avoid federal income tax.— Subsection (a) shall not apply to any transaction one of the principal purposes of which is the distribution of the earnings and profits of the distributing corporation or of the corporation whose stock is distributed, or both. “(2) Stock.—For purposes of this section, the term ‘stock’ includes rights to fractional shares. “(d) Definition of Antitrust Order.—For purposes of this section, the term ‘antitrust order’ means, in the case of any corporation, a final judgment rendered after January 1, 1961, by a court with respect to such corporation in a court proceeding under the Sherman

71 Stat. 163.

73 Stat. 243.

 Act (26 Stat. 209; 15 U.S.C. 1–7) or the Clayton Act (38 Stat. 730; 15 U.S.C. 12–27), or both, to which the United States is a party, if such proceeding was commenced on or before January 1, 1959. “(e) Definition of Divested Stock.— For purposes of this section, the term ‘divested stock’ means stock meeting the following requirements: “(1) the stock is the subject of an antitrust order entered after January 1, 1961, which— “(A) directs the distributing corporation to divest itself of such stock by distributing it to its shareholders (or requires such distribution as an alternative to other action by any person); “(B) specifies and itemizes the stock to be divested; and 76 Stat. 5 “(C) fixes the period of time within which the distributing corporation must divest itself of all stock to be disposed of by it by reason of the suit, and such period expires not later than 3 years from the date on which such order becomes final (appeal time having run or appeal having been completed); and “(2) the court finds— “(A) that the divestiture of such stock, in the manner described in paragraph (1)(A), is necessary or appropriate to effectuate the policies of the Sherman Act, or the Clayton Act, or both;

15 USC 1–7, 12–27.

 “(B) that the application of subsection (a) is required to reach an equitable antitrust order in such suit or proceeding; and “(C) that the period of time for the complete divestiture fixed in the order is the shortest period within which such divestiture can be executed with due regard to the circumstances of the particular case; but no stock shall he divested stock if the court finds that its divestiture is required because of an intentional violation of the Sherman Act, or the Clayton Act, or both.”
(b) The table of parts for subchapter O of chapter 1 of the Internal Revenue Code of 1954 is amended by adding at the end thereof the following: “Part IX. (c) The amendments made by this section shall apply only with

Effective date.

 respect to distributions made after the date of the enactment of this Act.
Sec. 2. (a) Section 301 of the Internal Revenue Code of 1954 (relating

26 USC 301.

 to distributions of property) is amended by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following new subsection: “(f) Special Rules for Distributions of Antitrust Stock to corporations.— “(1) Definition of antitrust stock.—For purposes of this subsection, the term ‘antitrust, stock’ means stock received, by a

“Antitrust stock.”

Ante, p. 4.

 corporation which is a party to a suit described in section 1111(d) (relating to definition of antitrust order), in a distribution made after September 6, 1961, either pursuant to the terms of, or in anticipation of, an antitrust order (as defined in subsection (d) of section 1111). “(2) Amount distributed.—Notwithstanding subsection (b)(1) (but subject to subsection (b)(2)), for purposes of this section the amount of a distribution of antitrust stock received by a corporation shall be the fair market value of such stock. “(3) Basis.— Notwithstanding subsection (d), the basis of antitrust stock received by a corporation in a distribution to which subsection (a) applies shall be the fair market value of such stock decreased by so much of the deduction for dividends received under the provisions of section 243, 244, or 245 as is,

26 USC 243–245.

 under regulations prescribed by the Secretary or his delegate, attributable to the excess, if any, of— “(A) the fair market value of the stock, over “(B) the adjusted basis (in the hands of the distributing corporation immediately before the distribution) of the stock, increased by the amount of gain which is recognized to the distributing corporation by reason of the distribution.” 76 Stat. 6 (b)

Effective date.

 The amendments made by this section shall apply only with respect to distributions made after the date of the enactment of this Act.
Sec. 3.

26 USC 312.

 (a) Section 312 of the Internal Revenue Code of 1954 (relating to the effect on earnings and profits) is amended by adding at the end thereof the following new subsection: “(k) Special Adjustment on Disposition of Antitrust Stock Received as a Dividend.— If a corporation received antitrust stock (as

Ante. p. 5.

26 USC 301.

 defined in section 301(f)) in a distribution to which, section 301 applied, and the amount of the distribution determined under section 301(f)(2) exceeded the basis of the stock determined under section 301(f)(3), then proper adjustment shall be made, under regulations prescribed by the Secretary or his delegate, to the earnings and profits of such corporation at the time such stock (or other property the basis of which is determined by reference to the basis of such stock) is disposed of by such corporation.” (b) Subsection (b) of section 535 of the Internal Revenue Code

26 USC 535.

 of 1954 (relating to accumulated taxable income) is amended by adding at the end thereof the following new paragraphs: “(9) Distributions of divested stock.— There shall be allowed as a deduction the amount of any dividend distribution received

Ante, p. 4.

 of divested stock (as defined in subsection (e) of section 1111), minus the taxes imposed by this subtitle attributable to such receipt, but only if the stock with respect to which the distribution is made was owned by the distributee on September 6, 1961, or was owned by the distributee for at least 2 years prior to the date on which the antitrust order (as defined in subsection (d) of section 1111) was entered. “(10) Special adjustment on disposition of antitrust stock received as a dividend.— If— “(A) a corporation received antitrust stock (as defined in section 301(f)) in a distribution to which section 301 applied, “(B) the amount of the distribution determined under section 301(f)(2) exceeded the basis of the stock determined under section 301(f)(3), and “(C) paragraph (9) did not apply in respect of such distribution, then proper adjustment shall be made, under regulations prescribed by the Secretary or his delegate, if such stock (or other property the basis of which is determined by reference to the basis of such stock) is sold or exchanged.” (c)

74 Stat. 77.

26 USC 543.

 Section 543 of the Internal Revenue Code of 1954 (relating to personal holding company income) is amended (1) by adding at the end of paragraph (1) of subsection (a) the following new sentence: “This paragraph shall not apply to a dividend distribution of divested stock (as defined in subsection (e) of section 1111) but only if the stock with respect to which the distribution is made was owned by the distributee on September 6, 1961, or was owned by the distributee for at least 2 years prior to the date on which the antitrust order (as defined

Ante, p. 4.

 in subsection (d) of section 1111) was entered.”; and (2) by adding at the end thereof the following new subsection: “(d) Special Adjustment on Disposition of Antitrust Stock Received as a Dividend.— If— “(1) a corporation received antitrust stock (as defined in section 301 (f)) in a distribution to which section 301 applied, “(2) the amount of the distribution determined under section 301(f)(2) exceeded the basis of the stock determined under section 301(f)(3), and 76 Stat. 7 “(3) such distribution was includible in personal holding company income under subsection (a)(1), then proper adjustment shall be made, under regulations prescribed by the Secretary or his delegate, to amounts includible in personal holding company income under subsection (a)(2) with respect to such stock (or other property the basis of which is determined by reference to the basis of such stock).” (d) Subsection (b) of section 545 of the Internal Revenue Code of 1954 (relating to undistributed personal holding company income) is

26 USC 545.

 amended by adding at the end thereof the following new paragraphs: “(10) Distributions of divested stock.—There shall be allowed as a deduction the amount of any income attributable to the receipt of a distribution of divested stock (as defined in subsection (e) of section 1111), minus the taxes imposed by this subtitle

Ante, p. 4.

 attributable to such receipt, but only if the stock with respect to which the distribution is made was owned by the distributee on September 6, 1961, or was owned by the distributee for at least 2 years prior to the date on which the antitrust order (as defined in subsection (d) of section 1111) was entered.

Ante, p. 4.

 “(11) Special adjustment on disposition of antitrust stock received as a dividend.— If— “(A) a corporation received antitrust stock (as defined in section 301 (f)) in a distribution to which section 301 applied,

Ante, p. 5.

26 USC 30b.

 “(B) the amount of the distribution determined under section 301(f)(2) exceeded the basis of the stock determined under section 301(f)(3), and “(C) Paragraph (10) did not apply in respect of Such distribution, then proper adjustment shall be made, under regulations prescribed by the Secretary or his delegate, if such stock (or other property the basis of which is determined by reference to the basis of such stock) is sold or exchanged.” (e) Subsection (b) of section 556 of the Internal Revenue Code of 1954 (relating to undistributed foreign personal holding company

26 USC 556.

 income) is amended by adding at the end thereof the following new paragraphs: “(7) Distributions of divested stock.—There shall be allowed as a deduction the amount of any income attributable to the receipt of a distribution of divested stock (as defined in subsection (e) of section 1111), minus the taxes imposed by this subtitle attributable to such receipt, but only if the stock with respect to which the distribution is made was owned by the distributee on September 6, 1961, or was owned by the distributee for at least 2 years prior to the date on which the antitrust order (as defined in subsection (d) of section 1111) was entered. “(8) Special adjustment on disposition of antitrust stock received as a dividend.— If— “(A) a corporation received antitrust stock (as defined in section 301(f)) in a distribution to which section 301 applied, “(B) the amount of the distribution determined under section 301(f)(2) exceeded the basis of the stock determined under section 301(f)(3), and “(C) paragraph (7) did not apply in respect of such distribution, then proper adjustment shall be made, under regulations prescribed by the Secretary or his delegate, if such stock (or other property the basis of which is determined by reference to the basis of such stock) is sold or exchanged.” 76 Stat. 8 (f) Subsection (b) of section 561 of the Internal Revenue Code of

68A Stat. 198.

26 USC 561.

 1954 (relating to deduction for dividends paid) is amended to read as follows: “(b) Special Rules Applicable.— “(1) In determining the deduction for dividends paid, the rules

26 USC 562.

 provided in section 562 (relating to rules applicable in determining dividends eligible for dividends paid deduction) and section 563 (relating to dividends paid after the close of the taxable year) shall be applicable. “(2) Ir a corporation received antitrust stock (as defined in

Ante, p. 5.

26 USC 301.

 section 301(f) in a distribution to which section 301 applied and such corporation distributes such stock (or other property the basis of which is determined by reference to the basis of such stock) to its shareholders, proper adjustment shall be made, under regulations prescribed by the Secretary or his delegate, to the amount of the deduction provided for in subsection (a).” (g)

Effective date.

 The amendments made by this section shall apply only with respect to distributions made after the date of the enactment of this Act.
Approved February 2, 1962.
Public Law 87–404: Making supplemental appropriations for the Veterans Administration for the fiscal year ending June 30, 1962, and for other purposes. Public Law 404 Public Law 87–404 76 Stat. 8 1962-02-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–404
JOINT RESOLUTION Making supplemental appropriations for the Veterans Administration for the fiscal year ending June 30, 1962, and for other purposes.

February 13, 1962

[H. J. Res. 612]

 Resolved by the Senate and House of Representatives of the United States of Amerira in Congress assembled,

Supplemental appropriations, 1962.

Veterans Administration.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated. for the Veterans Administration for the fiscal year ending June 30, 1962, namely:
INDEPENDENT OFFICES Veterans Administration readjustment benefits For an additional amount for “Readjustment benefits,” $55,000,000, to remain available until expended. loan guaranty revolving fund An additional amount of not to exceed $115,247,000 shall be available in the “Ijoan guaranty revolving fund” for expenses for property acquisitions and other loan guaranty and insurance operations under chapter

38 USC 1801–1825.

74 Stat. 532.

 37, title 38, United States Code, except administrative expenses, as authorized by section 1824 of such title: Provided, That in addition to amounts heretofore made available, not to exceed $115,247,000 of the “Direct loans to veterans and reserves revolving fund” shall be available, during the current fiscal year, for transfer to said “Loan guaranty revolving fund” in such amounts as may be necessary to provide for the foregoing expenses. Approved February 13, 1962.
Public Law 87–405: To authorize an additional Assistant Secretary of Commerce. Public Law 405 Public Law 87–405 76 Stat. 9 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 9 Public Law 87–405
AN ACT To authorize an additional Assistant Secretary of Commerce.

February 16, 1962

[S. 1456]

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

Commerce Dept.

Assistant Secretary.

 in the Department of Commerce, in addition to the Assistant Secretaries now provided by law, one additional Assistant Secretary of Commerce who shall be appointed by the President by and with the advice and consent of the Senate, snail receive compensation at the rate prescribed by law for Assistant Secretaries of Commerce, and shall perform such duties as the Secretary of Commerce shall prescribe.
Approved February 16, 1962.
Public Law 87–406: Extending to Guam the power to enter into certain interstate compacts relating to the enforcement of the criminal laws and policies of the States. Public Law 406 Public Law 87–406 76 Stat. 9 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–406
AN ACT Extending to Guam the power to enter into certain interstate compacts relating to the enforcement of the criminal laws and policies of the States.

February 16, 1962

[H. R. 6243]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (b)

Guam.

70 Stat. 1020.

 of section 111 or title 4 of the United States Code is amended by inserting after the name “the Virgin Islands,” the name “Guam”.
Approved February 16, 1962.
Public Law 87–407: To provide for the establishment of the Lincoln Boyhood National Memorial in the State of Indiana, and for other purposes. Public Law 407 Public Law 87–407 76 Stat. 9 1962-02-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–407
AN ACT To provide for the establishment of the Lincoln Boyhood National Memorial in the State of Indiana, and for other purposes.

February 19, 1962

[H. R. 2470]

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

Lincoln Boyhood National Memorial, Ind.

Establishment.

 preserve the site in the State of Indiana associated with the boyhood and family of Abraham Lincoln, the Secretary of the Interior shall designate the original Tom Lincoln farm, the nearby gravesite of Nancy Hanks Lincoln, and such adjoining lands as he deems necessary for establishment as the Lincoln Boyhood National Memorial. However, the area designated for establishment shall not exceed two hundred acres.
Sec. 2. The Secretary is authorized to acquire by donation or purchase with donated or appropriated funds, land and interest in land within the designated area. When land has been acquired in sufficient quantity to afford an initially administrable unit of the national park system, he shall establish the Lincoln Boyhood National Memorial

Publication in F. R.

 by publication of notice thereof in the Federal Register.
Sec. 3. The Lincoln Boyhopd National Memorial shall be administered by the Secretary of the Interior as a part of the national park system in accordance with provisions of the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August. 25, 1916 (39 Stat. 535), as amended and supplemented.

16 USC 1–43 passion.
76 Stat. 10
Sec. 4.

Appropriation.

 There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this Act, but not more than $1,000,000, of which not more than $75,000 shall be expended for the acquisition of lands or interests in land.
Approved February 19, 1962.
Public Law 87–408: To amend the District of Columbia Sales Tax Act to increase the rate of tax imposed on certain gross receipts, to amend the District of Columbia Motor Vehicle Parking Facility Act of 1942 to transfer certain parking fees and other moneys to the highway fund, and for other purposes. Public Law 408 Public Law 87–408 76 Stat. 10 1962-03-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–408
AN ACT To amend the District of Columbia Sales Tax Act to increase the rate of tax imposed on certain gross receipts, to amend the District of Columbia Motor Vehicle Parking Facility Act of 1942 to transfer certain parking fees and other moneys to the highway fund, and for other purposes.

March 2, 1962

[H. R. 258]

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

D. C. taxes.

 <num value="I">TITLE I—</num> <heading class="inline">AMENDMENTS TO THE DISTRICT OF COLUMBIA SALES TAX ACT AND THE DISTRICT OF COLUMBIA USE TAX ACT</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 125 of the District of Columbia Sales Tax Act<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/115">63 Stat. 115</ref>.</p></sidenote> (D.C. Code 47–2602) is amended by striking out “<quotedText>2 per centum</quotedText>” and by inserting in lieu thereof “<quotedText>3 per centum</quotedText>”, and by striking out in the proviso thereof “<quotedText>3 per centum</quotedText>” and inserting in lieu thereof “<quotedText>4 per centum</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Subsection (a) of section 127 of such Act (D.C. Code 47–2604<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/118">68 Stat. 118</ref>.</p></sidenote> (a)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>On each sale, other than sales of food for human consumption off the premises where such food is sold, and other than sales or charges for rooms, lodgings, or accommodations furnished to transients, such amounts as may be prescribed by the Board of Commissioners of the District of Columbia to carry out the purposes of this section.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Subsection (c) of section 127 of such Act (D.C. Code 47–2604 (c)) is amended by striking out “<quotedText>3 per centum</quotedText>” and inserting in lieu thereof “<quotedText>4 per centum</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">Section 212 of the District of Columbia Use Tax Act (D.C.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/126">63 Stat. 126</ref>.</p></sidenote> Code 47–2702) is amended by striking out “<quotedText>2 per centum</quotedText>” and inserting in lieu thereof “<quotedText>3 per centum</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote> <content class="inline">The amendments made by the first two sections of this title shall take effect on the first day of the first month which begins on or after the thirtieth day after the date of enactment of this Act. From and after the effective date of such amendments, all references in the District of Columbia Use Tax Act to sections 125, and 127 of the District of Columbia Sales Tax Act shall be deemed to be references to such sections 125 and 127 as amended by the first section of this title.</content> </section> <num value="II">TITLE II—</num> <heading class="inline">AMENDMENTS TO THE DISTRICT OF COLUMBIA INCOME AND FRANCHISE TAX ACT OF 1947</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">Paragraph (1) of subsection 7(a) of title XII of the District of Columbia Income and Franchise Tax Act of 1947, as amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/71">70 Stat. 71</ref>.</p></sidenote> (61 Stat. 353; sec. 47–1536f(a)(1), D.C. Code), is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>Except as provided in paragraph (2) of this subsection, the total amount of tax due as shown on the taxpayer’s return is due and payable in full at the time prescribed in this article for the filing of such return.”</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content class="inline">The provisions of this title shall be applicable to the taxable years beginning after December 31, 1961.</content> </section> 76 Stat. 11 <num value="III">TITLE III—</num> <heading class="inline">REAL ESTATE DEED RECORDATION TAX ACT</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <heading><inline class="smallCaps">Definitions</inline>.—</heading><sidenote><p class="firstIndent1 fontsize8">District of Columbia Real Estate Deed Recordation Tax Act.</p></sidenote> <chapeau class="inline">When used in this title, unless otherwise required by the context—</chapeau> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>The word “District” means the District of Columbia.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The word “Commissioners” means the Commissioners of the District of Columbia, or their duly authorized agents or representatives.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The word “deed” means any document, instrument, or writing (other than a will and other than a lease), regardless of where made, executed, or delivered whereby any real property in the District of Columbia, or any interest therein, is conveyed, vested, granted, bargained, sold, transferred, or assigned.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>The words “real property” mean every estate or right, legal or equitable, present or future, vested or contingent in lands, tenements, or hereditaments located in whole or in part within the District.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>The word “consideration”, except as otherwise provided in section 304 of this title, means the price or amount actually paid, or required to be paid, for real property including any mortgages, liens, or encumbrances thereon.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>The word “person” means an individual, partnership, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, any individual acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, any combination of individuals, and any other form of unincorporated enterprise owned or conducted by two or more persons.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <content>The word “deficiency” as used in this title means the amount or amounts by which the tax imposed by this title as determined by the Commissioners exceeds the amount shown as the tax upon the return of the person or persons liable for the payment thereof.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num> <content>The word “taxpayer” means any person required by this title to pay a tax, or file a return.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <heading><inline class="smallCaps">Exemptions</inline>.—</heading> <chapeau class="inline">The following deeds shall be exempt from the tax imposed by this title:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">1. </num> <content>Deeds recorded prior to the effective date of the enactment of this title.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2.">2. </num> <content>Deeds to property acquired by the United States of America or the District of Columbia.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3.">3. </num> <content>Deeds to property acquired by an institution, organization, corporation, association, or government (other than the United States of America or the District of Columbia) entitled to exemption from real property taxation under the Act of December 24, 1942 (Public Law 846, Seventy-seventh Congress, chapter 826, second session), which<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/56/1089">56 Stat. 1089</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/dcc/47/801a/47/801f">D C. Code 47–801a to 47–801f</ref>.</p></sidenote> property was acquired solely for a purpose or purposes which would entitle such property to exemption under said Act: <proviso><i>Provided</i>, That a return, under oath, showing the purpose or purposes for which such property was acquired, shall accompany the deed at the time of its offer for recordation.</proviso></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4.">4. </num> <content>Deeds to property acquired by an institution, organization, corporation, or association entitled to exemption from real property taxation by special Act of Congress, which property was acquired solely for a purpose or purposes for which such special exemption was granted: <proviso><i>Provided</i>, That a return, under oath, showing the purpose or purposes for which such property was acquired, shall accompany the deed at the time of its offer for recordation.</proviso></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5.">5. </num> <content>Deeds which secure a debt or other obligation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6.">6. </num> <content>Deeds which, without additional consideration, confirm, correct, modify, or supplement a deed previously recorded.</content> </paragraph> <page identifier="/us/stat/76/12">76 <inline class="smallCaps">Stat</inline>. 12</page> <paragraph class="firstIndent1 fontsize10"> <num value="7.">7. </num> <content>Deeds between husband and wife, or parent and child, without actual consideration therefor.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8.">8. </num> <content>Tax deeds.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9.">9. </num> <content>Deeds of release of property which is security for a debt or other obligation.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <heading><inline class="smallCaps">Imposition of Tax</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <content>There is hereby imposed on each deed at the time it is submitted to the Commissioners for recordation a (ax at the rate of one-half of 1 per centum of the consideration for such deed: <proviso><i>Provided</i>, That in any case where application of the rate of tax to the consideration for a deed results in a total tax of less than $1 the tax shall be $1.</proviso></content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Each such deed shall be accompanied by a return under oath in such form as the Commissioners may prescribe, executed by all the parties to the deed, setting forth the consideration for the deed, the amount of tax payable, and such other information as the Commissioners may require.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The parties to a deed which is submitted to the Commissioners for recordation shall be jointly and severally liable for payment of the taxes imposed by this section: <proviso><i>Provided</i>, That neither the United States nor the District of Columbia shall be subject to such liability.</proviso></content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <chapeau>The Commissioners are authorized—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to prescribe by regulation for reasonable extensions of time for the filing of the return required by subsection (b) of this section; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to waive as to any party to a deed the requirement for the filing of a return by such party whenever it shall be determined by the Commissioners that a return cannot be filed: <proviso><i>Provided</i>, That any waiver granted by the Commissioners to a party shall not, unless specifically authorized, be deemed to be a waiver as to any other party.</proviso> Any waiver made pursuant to this subsection shall not affect the requirements of subsection (c) of this section.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <heading><inline class="smallCaps">Absence of Consideration</inline>.—</heading> <content class="inline">Where no price or amount is paid or required to be paid for real property or where such price or amount is nominal, the consideration for the deed to such property shall, for purposes of the tax imposed by this title, be construed to be the fair market value of the real property, and the tax shall be based upon such fair market value. In any such case, the return required to be filed with the deed shall contain such information as to the fair market value of the real property as the Commissioners shall require. Whenever, in the opinion of the Commissioners, a return does not contain sufficient information as to the fair market value of such real property, the Commissioners are authorized to make a determination thereof from the best information available.</content> </section> <section class="firstIndent1 fontsize10"> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <heading><inline class="smallCaps">Investigation by Commissioners</inline>.—</heading> <content class="inline">The Commissioners, for the purpose of ascertaining the correctness of any return, statement, affidavit, or other document filed pursuant to the provisions of this title or pursuant to any regulations of the Commissioners promulgated hereunder, or for the purpose of ascertaining the correctness of any payment of the tax imposed by this title, or the consideration for any deed upon which a tax is imposed, are authorized to examine any books, papers, records, or memorandums of any person bearing upon such matters and may summon any person to appear and produce books, records, papers, or memorandums .pertaining thereto and to give testimony or answer interrogatories under oath respecting the same, and the Commissioners shall have power to administer oaths to such person or persons. Such summons may be served by any member of the Metropolitan Police Department. If any person having been personally summoned shall neglect or refuse to obey the summons issued as herein provided then, and in that event, the Commissioners may re-<page identifier="/us/stat/76/13">76 <inline class="smallCaps">Stat</inline>. 13</page>port that fact to the United States District Court for the District of Columbia, or one of the judges thereof, and said court or any judge thereof hereby is empowered to compel obedience to such summons to the same extent as witnesses may be compelled to obey the subpenas of that court. Any person in custody or control of any books, papers, records, or memorandums bearing upon the matters to which reference is herein made who shall refuse to permit the examination by the Commissioners or any person designated by them of any such books, papers, records, or memorandums, or who shall obstruct or hinder the Commissioners or any person designated by them in the examination of any books, papers, records, or memorandums, shall upon conviction thereof be subject to the penalties provided in this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num> <heading><inline class="smallCaps">Recordation</inline>.—</heading> <content class="inline">Except as otherwise provided in this title, no deed shall be recorded by the Commissioners until the return required by this title shall have been filed, and the tax imposed by this title shall have been paid.</content> </section> <section class="firstIndent1 fontsize10"> <num value="307"><inline class="smallCaps">Sec</inline>. 307. </num> <heading><inline class="smallCaps">Presumptions and Burden of Proof</inline>.—</heading> <content class="inline">For the purpose of proper administration of this title and to prevent evasion of the tax hereby imposed, it shall be presumed that all deeds are taxable and the burden shall be upon the taxpayer to show that a deed is exempt from tax.</content> </section> <section class="firstIndent1 fontsize10"> <num value="308"><inline class="smallCaps">Sec</inline>. 308. </num> <heading><inline class="smallCaps">Deficiencies in Tax</inline>.—</heading> <subsection class="inline"> <num value="A">(a) </num> <content>If a deficiency in tax is determined by the Commissioners, the person liable for the payment thereof shall be notified by registered or certified mail of said determination which shall include a statement of taxes due and given a period of not less than thirty days after such notice is sent in which to file a protest with the Commissioners and show cause or reason why the deficiency should not be paid. If no protest is filed within such thirty-day period, the deficiency as determined by the Commissioners shall be final. If a protest is hied within said period of thirty days, opportunity for hearing thereon shall be granted by the Commissioners, and a final decision thereon shall be made as quickly as practicable and notice of such decision, together with a statement of taxes finally determined to be due, shall be sent by registered or certified mail to the person liable for the payment of the deficiency.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Any deficiency in tax which has become final in accordance with the provisions of subsection (a) of this section shall, if no protest is filed, be due and payable within ten days after the expiration of the thirty-day period provided in subsection (a) of this section or, if a protest is filed, shall be due and payable within ten days after notice of the final decision of the Commissioners upon such protest is sent to the person liable for payment of the deficiency.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="309"><inline class="smallCaps">Sec</inline>. 309. </num> <heading><inline class="smallCaps">Penalties and Interest</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <content>In case of any failure to make and file a correct return as required by this title within the time prescribed by this title or prescribed by the Commissioners in pursuance of this title, 5 per centum of the tax imposed by this title shall be added to such tax for each month or fraction thereof that such failure continues, not to exceed 25 per centum in the aggregate, except that when a return is filed after such time and it is shown that the failure to file was due to reasonable cause and not due to neglect the Commissioners may in their discretion waive, in whole or in part, the addition to the tax provided by this subsection.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The amount added to any tax under subsection (a) of this section shall be collected at the same time and in the same manner and as a part of the tax unless the tax has been paid before the discovery of neglect.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Interest upon the amount finally determined as a deficiency shall be assessed at the same time as the deficiency, and shall be collected as a part of the tax, at the rate of one-half of 1 per centum<page identifier="/us/stat/76/14">76 <inline class="smallCaps">Stat</inline>. 14</page> per month or portion of a month, from the date prescribed for the payment of the tax to the date the deficiency is assessed.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>If the time for payment of any part of a deficiency is extended, there shall be collected, as a part of the tax, interest on the part of the deficiency the time for payment of which is so extended at the rate of one-half of 1 per centum per month or portion of a month for the period of the extension. If a part of the deficiency the time for payment of which is so extended is not paid in full, together with all penalties and interest due thereon, prior to the expiration of the period of the extension, then interest at the rate of one-half of 1 per centum per month or portion of a month shall be added and collected on such unpaid amount from the date of the expiration of the period of the extension until it is paid.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>If any part of any deficiency is due to negligence, or intentional disregard of rules and regulations but without intent to defraud, 5 per centum of the total amount of the deficiency (in addition to such deficiency) shall be assessed, collected, and paid in the same manner as if it were a deficiency.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>If any part of any deficiency is due to fraud with intent to evade tax, then 50 per centum of the total amount of the deficiency (in addition to such deficiency) shall be so assessed, collected, and paid.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <content>Where a deficiency, or any interest or additional amounts assessed in connection therewith under subsection (c), (e), or (f) is not paid in full within the time prescribed by this section, there shall be collected as part of the tax interest upon the unpaid amount at the rate of one-half of 1 per centum per month or portion of a month from the date when such unpaid amount was due until it is paid.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num> <content>The Commissioners are authorized at the request of the taxpayer to extend the time for payment by the taxpayer of the amount of the tax imposed by this title, whether determined as a deficiency or otherwise, for a period not to exceed six months from the date prescribed for the payment of such tax.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="310"><inline class="smallCaps">Sec</inline>. 310. </num> <heading><inline class="smallCaps">Compromise and Settlement</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <content>Whenever in the opinion of the Commissioners there shall arise with respect of any tax imposed under this title any doubt as to the liability of the taxpayer or the collectibility of the tax for any reason whatsoever, the Commissioners may compromise such tax.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>b) The Commissioners are authorized to enter into a written agreement with any person relating to the liability of such person for payment of the tax imposed under this title. Amy such agreement which is approved by the Commissioners and the taxpayer involved, or his authorized agent or representative, shall be final and conclusive and—except upon a showing of fraud, malfeasance, or misrepresentation of a material fact—the case shall not be reopened as to the matters agreed upon or the agreement modified; and in any suit or proceeding relating to the tax liability of the taxpayer such agreement shall not be annulled, modified, set aside, or disregarded.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Amy person who, in connection with any compromise under this section or offer of such compromise or in connection with any written agreement under this section or offer to enter into any such agreement, conceals from any officer or employee of the District of Columbia any material fact relating to the tax imposed by this title; destroys, mutilates, or falsifies any nooks, documents, or record; or makes under oath any false statements relating to the tax imposed by this title shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both. All prosecutions under this section shall be brought in the municipal court of the District of Columbia, in the name of the District or Columbia, on information by the<page identifier="/us/stat/76/15">76 <inline class="smallCaps">Stat</inline>. 15</page> Corporation Counsel of the District of Columbia or any of his assistants.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="311"><inline class="smallCaps">Sec</inline>. 311. </num> <heading><inline class="smallCaps">Compromise of Penalties and Adjustment of Interest</inline>.—</heading> <content class="inline">The Commissioners shall have the power for cause shown to compromise any penalty which may be imposed under the provisions of this title. The Commissioners may adjust any interest, where, in their opinion, the facts in the case warrant such action.</content> </section> <section class="firstIndent1 fontsize10"> <num value="312"><inline class="smallCaps">Sec</inline>. 312. </num> <heading><inline class="smallCaps">Limitations</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <content>Except as otherwise provided in this section, the amount of any tax imposed by this title shall be assessed within three years after the deed is recorded by the Commissioners and no proceeding in court without assessment for the collection of such tax shall be begun after the expiration of such period.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>In the case of a false or fraudulent return, with the intent to evade tax, the tax may be assessed, or a proceeding in court for collection of such tax may be begun without assessment, at any time.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>In case of a willful attempt in any manner to defeat or evade the tax imposed by this title, the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>In the case of failure to file a return, the tax may be assessed, or a proceeding in court for collection of such tax may be begun without assessment, at any time.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>Where, before the expiration of the time prescribed in this section for the assessment of the tax imposed by this title, the Commissioners and the taxpayer have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>The running of the period of limitations provided in this section on the making of assessments, or the collection of the tax imposed by this title in any manner authorized by law, shall be suspended tor any period during which the Commissioners are prohibited from making the assessment or from collecting said tax, and for ninety days thereafter: <proviso><i>Provided</i>, That in any case where a proceeding is commenced by a taxpayer in any court in connection with the tax imposed by this title, the running of the period of limitations shall be suspended for the period of the pendency of such proceeding and for ninety days after the decision or the court shall have become final or, if the proceeding shall have been dismissed or otherwise disposed of, for a period of ninety days after such dismissal or other disposition.</proviso></content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="313"><inline class="smallCaps">Sec</inline>. 313. </num> <heading><inline class="smallCaps">Administration of Oaths</inline>.—</heading> <content class="inline">The Commissioners are authorized to administer oaths and affidavits in relation to any matter or proceeding conducted by them in the exercise of their powers and duties under this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="314"><inline class="smallCaps">Sec</inline>. 314. </num> <heading><inline class="smallCaps">Appeal</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <content>Any person aggrieved by any assessment of a deficiency in tax finally determined by the Commissioners under the provisions of section 308 of this title may appeal to the District of Columbia Tax Court in the same manner and to the same extent as set forth in sections 3, 4, 7, 8, 9, 10, 11, and 12 of title IX of the Act entitled “<quotedText>An Act to amend the District of Columbia Revenue Act of 1937, and for other purposes</quotedText>”, approved May 16, 1938, as amended and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/371">52 Stat. 371</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/dcc/47/2403/47/2411">D. C. Code 47–2403 to 47–2411</ref>.</p></sidenote> as the same may hereinafter be amended.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The remedy provided in subsection (a) of this section shall not be deemed to take away from the taxpayer any remedy which he might have under any other provision of law but no suit by the taxpayer for the recovery of any part of the tax imposed shall be instituted or maintained in any court if the taxpayer has elected to file an appeal with<page identifier="/us/stat/76/16">76 <inline class="smallCaps">Stat</inline>. 16</page> respect to such tax, or any part thereof, in accordance with the provisions of subsection (a) of this section.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="315"><inline class="smallCaps">Sec</inline>. 315. </num> <heading><inline class="smallCaps">Refunds and Collection</inline>.—</heading> <content class="inline">The provisions of section 14 of title IX of the District of Columbia Revenue Act of 1937, as added by the Act of May 16, 1938, and as amended by the Act of July 26, 1939,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/66/546">66 Stat. 546</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/dcc/47/47/2413">D. C. Code 47–2413</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/119">68 Stat. 119</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/dcc/47/312/313">D. C. Code 47–312, 313</ref>.</p></sidenote> and as added by section 4 of the Act of July 10, 1952, and the provisions of section 1601 and section 1602 of title XVI of the District of Columbia Public Works Act of 1954 shall be applicable to the tax imposed by this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="316"><inline class="smallCaps">Sec</inline>. 316. </num> <heading><inline class="smallCaps">Stamps</inline>.—</heading> <content class="inline">The Commissioners are authorized to prescribe by regulation such methods or devices, or both, including the use of a stamp or stamps, for the evidencing of payment, and the collection of the taxes imposed by this title, as they may deem necessary and proper for the administration of this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="317"><inline class="smallCaps">Sec</inline>. 317. </num> <heading><inline class="smallCaps">Promulgation of Rules and Regulations</inline>.—</heading> <content class="inline">The Commissioners are hereby authorized to prescribe such rules and regulations as they may deem necessary to carry out the purposes of this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="318"><inline class="smallCaps">Sec</inline>. 318. </num> <heading><inline class="smallCaps">Abatement</inline>.—</heading> <content class="inline">The Commissioners are authorized to abate the unpaid portion of any tax due under the provisions of this title, or any liability in respect thereof, if the Commissioners determine under rule or regulation prescribed by them that the administration and collection costs involved would not warrant collection of the amount due.</content> </section> <section class="firstIndent1 fontsize10"> <num value="319"><inline class="smallCaps">Sec</inline>. 319. </num> <heading><inline class="smallCaps">Elimination of Fractional Stamps or Devices</inline>.—</heading> <content class="inline">For the purpose of avoiding, in the case of any stamps or devices employed pursuant to authority of this title, the issuance of stamps or the employment of devices representing fractional parts of $1, the Commissioners are authorized, in their discretion, to limit the denominations of such stamps or devices to amounts representing $1 or multiples of $1, and to prescribe further that where part of the tax due is a fraction of $1, the tax paid shall be paid to the nearest dollar.</content> </section> <section class="firstIndent1 fontsize10"> <num value="320"><inline class="smallCaps">Sec</inline>. 320. </num> <heading><inline class="smallCaps">General Criminal Penalty</inline>.—</heading> <content class="inline">Whoever violates any provision of this title for which no specific penalty is provided, or any of the rules and regulations promulgated under the authority of this title, shall be subject to a fine of not more than $1,000, or to imprisonment of not more than one year, or to both such fine and imprisonment. Prosecutions for violations of this title shall be on information filed in the municipal court for the District of Columbia in the name of the District of Columbia by the Corporation Counsel or any of his assistants, except for such violations as are felonies, and prosecutions for such violations as are felonies shall be by the United States attorney in and for the District of Columbia, or any of his assistants.</content> </section> <section class="firstIndent1 fontsize10"> <num value="321"><inline class="smallCaps">Sec</inline>. 321. </num> <heading><inline class="smallCaps">Criminal Penalty as to Stamps</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content>Any person who, with intent to defraud, alters, forges, makes, or counterfeits any stamp, or other device prescribed under authority of this title for the collection or payment of any tax imposed by this title, or sells, lends, or has in his possession any such altered, forged, or counterfeited stamp, or other device, or makes, uses, sells, or has in his possession any material in imitation of the material used in the manufacture of such stamp, or other device; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Fraudulently cuts, tears, or removes from any deed, parchment, paper, instrument, writing, or article, upon which any tax is imposed by this title, any adhesive stamp or the impression of any stamp, die, plate, or other article provided, made, or used in pursuance of this title; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>Fraudulently uses, joins, fixes, or places to, with, or upon any deed, parchment, paper, instrument, writing, or article, upon which a tax is imposed by this title,</chapeau> <page identifier="/us/stat/76/17">76 <inline class="smallCaps">Stat</inline>. 17</page> <level class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content>any adhesive stamp, or the impression of any stamp, die, plate, or other article, which has been cut, torn, or removed from any other deed, parchment, paper, instrument, writing, or article upon which any t ax is imposed by this title; or</content> </level> <level class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>any adhesive stamp or the impression of any stamp, die, plate, or other article of insufficient value; or</content> </level> <level class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>any forged or counterfeited stamp, or the impression of any forged or counterfeited stamp, die, plate, or other article; or</content> </level> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <level class="inline"> <num value="a">(a) </num> <content>Willfully removes, or alters the cancellation or defacing marks of, or otherwise prepares, any adhesive stamp, with intent to use, or cause the same to be used, after it has already been used; or</content> </level> <level class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>knowingly or willfully buys, sells, offers for sale, or gives away, any such washed or restored stamp to any person for use, or Knowingly uses the same; or</content> </level> <level class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>knowingly and without lawful excuse (the burden of proof of such excuse being on the accused) has in possession any washed, restored, or altered stamp, which has been removed from any deed, parchment, paper, instrument, writing, package, or article;</content> </level> <continuation class="indent0 firstIndent0 fontsize10">shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned not more than three years, or both.</continuation> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="322"><inline class="smallCaps">Sec</inline>. 322. </num> <heading><inline class="smallCaps">Disposition of Funds</inline>.—</heading> <content class="inline">All moneys collected under this title shall be deposited in the Treasury of the United States to the credit of the general fund of the District of Columbia.</content> </section> <section class="firstIndent1 fontsize10"> <num value="323"><inline class="smallCaps">Sec</inline>. 323. </num> <heading><inline class="smallCaps">Separability Clause</inline>.—</heading> <content class="inline">If any provision of this title, or the application thereof to any person or circumstances, is held invalid the remainder of this title, and the application of such provision to other persons or circumstances, shall not be affected thereby.</content> </section> <section class="firstIndent1 fontsize10"> <num value="324"><inline class="smallCaps">Sec</inline>. 324. </num> <heading><inline class="smallCaps">Appropriations</inline>.—</heading> <content class="inline">There are hereby authorized to be appropriated such amounts as may be necessary for the carrying out of the provisions of this title, including the use of stamps or other devices for evidencing payment of the tax imposed by this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="325"><inline class="smallCaps">Sec</inline>. 325. </num> <heading><inline class="smallCaps">Effective Date</inline>.—</heading> <content class="inline">The provisions of this title shall take effect on the first day of the first month which begins on or after the sixtieth day after the enactment of this Act.</content> </section> <section class="firstIndent1 fontsize10"> <num value="326"><inline class="smallCaps">Sec</inline>. 326. </num> <heading><inline class="smallCaps">Short Title</inline>.—</heading> <content class="inline">This title may be cited as the “<shortTitle role="title">District of Columbia Real Estate Deed Recordation Tax Act</shortTitle>”.</content> </section> <num value="IV">TITLE IV—</num> <heading class="inline">AMENDMENTS TO THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL ACT</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <content class="inline">Clauses (4) and (5) of subsection (a) of section 23 of the District of Columbia Alcoholic Beverage Control Act (D.C. Code, sec. 25–124) are each amended by striking out “<quotedText>$1.25</quotedText>” and inserting in lieu<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/81">70 Stat. 81</ref>.</p></sidenote> thereof “<quotedText>$1.50</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content class="inline">The amendments made by this title shall take effect on the<sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote> first day of the first month which begins on or after the thirtieth day after the date of enactment of this Act.</content> </section> <num value="V">TITLE V—</num> <heading class="inline">AMENDMENTS TO WATER RENT RATES AND SANITARY SEWER SERVICE CHARGES</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <content class="inline">Section 101 of title I of the District of Columbia Public Works Act of 1954 (68 Stat. 101; sec. 43–1520c; D.C. Code) is amended by inserting the subsection designation “<quotedText>(a)</quotedText>” immediately after “<quotedText><inline class="smallCaps">Sec</inline>. 101</quotedText>”, and by adding to such section the following subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Notwithstanding the provisions of subsection (a) of this section, the Commissioners are authorized, in their discretion, to increase the rates charged by the District for water and water services furnished by the District water supply system: <proviso><i>Provided</i>, That no<page identifier="/us/stat/76/18">76 <inline class="smallCaps">Stat</inline>. 18</page> such increase shall exceed 25 per centum of the rate or rates in effect on January 1, 1961.”</proviso></content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <content class="inline">Section 207 of title II of such Act (sec. 43–1606, D.C.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/106">68 Stat. 106</ref>.</p></sidenote> Code) is amended by striking “<quotedText>60 per centum</quotedText>” wherever it occurs in such section and in each such instance inserting in lieu thereof “<quotedText>75 per centum</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num> <content class="inline">Section 208 of title II of such Act (sec. 43–1607, D.C. Code) is amended by adding thereto the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>If at any time, or from time to time, the Commissioners shall change the established sanitary sewer service charge, the sanitary sewer service charge for any period beginning prior to any such change and ending thereafter shall be prorated on a monthly basis, in accordance with the established charges prevailing in the respective periods.”</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num><sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote> <content class="inline">The provisions of tins title shall become effective on the first day of the third month which begins after the date of enactment of this Act.</content> </section> <num value="VI">TITLE VI—</num> <heading class="inline">AMENDMENTS TO THE DISTRICT OF COLUMBIA MOTOR VEHICLE PARKING FACILITY ACT OF 1942</heading> <section class="firstIndent1 fontsize10"> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <content class="inline">Section 7 of the District of Columbia Motor Vehicle Parking<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/56/93">56 Stat. 93</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/dcc/40/808">D. C. Code 40–808</ref>.</p></sidenote> Facility Act of 1942 is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="7"><inline class="smallCaps">“Sec</inline>. 7. </num> <content class="inline">All fees and other moneys collected under this Act, including all fees collected pursuant to section 11 of the Act entitled ‘An Act making appropriations to the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of such District for the fiscal year ending June 30, 1939, and for other purposes’, approved April 4, 1938 (District of Columbia<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/192">52 Stat. 192</ref>.</p></sidenote> Code, sec. 40–616), and the Act entitled ‘An Act to authorize the Commissioners of the District of Columbia to provide for the parking of automobiles in the Municipal Center’, approved June 6, 1940 (54 Stat.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/40/604a">D. C. Code 40–604a</ref>.</p></sidenote> 241), and all moneys derived from the sale or assignment of any property, real or personal, shall be deposited in a special account within the highway fund established in the first section of the Act entitled ‘An Act to provide for a tax on motor-vehicle fuels sold within the District of Columbia, and for other purposes’, approved April 23,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/43/106">43 Stat. 106</ref>.</p></sidenote> 1924, as amended (District of Columbia Code, sec. 47–1901). Moneys deposited in such special account shall be available, first, to defray the expenses of enforcing laws, rules, and regulations relating to the parking of vehicles in the District of Columbia; second, to defray the expenses of operating parking facilities under this Act; third, for the acquisition, creation, and operation of parking facilities exempt from section 10 of this Act; and fourth, for the maintenance of highways within the District of Columbia, including the removal of snow and ice therefrom, and the purchase or rental of necessary equipment.”</content> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num> <content class="inline">The first sentence of section 8 of the District of Columbia<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/40/809">D. C. Code 40–809</ref>.</p></sidenote> Motor Vehicle Parking Facility Act of 1942 is amended to read as follows: “<quotedText>The Commissioners shall include in their annual budget such amounts as may be required from the highway fund established in the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/47/1901">D. C. Code 47–1901</ref>.</p></sidenote> first section of the Act of April 23, 1924, for the purpose of carrying out the provisions of this Act.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num> <content class="inline">The District of Columbia Motor Vehicle Parking Facility<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/40/801">D. C. Code 40–801</ref>.</p></sidenote> Act of 1942 is amended by renumbering section 10 thereof as section 11 and by inserting immediately following section 9 the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="10"><inline class="smallCaps">“Sec</inline>. 10. </num> <content class="inline">Notwithstanding any provision of this Act, no real property shall be acquired under the authority of this Act for use as a<page identifier="/us/stat/76/19">76 <inline class="smallCaps">Stat</inline>. 19</page> parking facility on or after the date of enactment of this section, and the Commissioners and the agency are authorized to operate and maintain only those parking facilities which have been established prior to the date of enactment of this section. No such existing parking facility shall be expanded or otherwise altered except to the extent as may be necessary to permit its continued operation in the same manner as it was being operated immediately before the date of enactment of this section. This section shall not apply to (1) any parking facility<sidenote><p class="firstIndent1 fontsize8">Nonapplicability.</p></sidenote> which is limited to use by officers and employees of the Governments of the United States or of the District of Columbia by reason of their employment by any such Government, (2) any fringe parking facility, and (3) any parking facility located on property of the District of Columbia beneath any elevated portion of a public highway.”</content> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num> <content class="inline">All fees and other moneys which have been deposited in<sidenote><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote> the special account of the Treasury of the United States before the date of enactment of this title to the credit of the District of Columbia in accordance with section 7 of the District of Columbia Motor Vehicle Parking Facility Act of 1942 are hereby transferred to the special<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/40/808">D. C. Code 40–808</ref>.</p></sidenote> account established in the highway fund by the amendment made to section 7 of such Motor Vehicle Parking Act of 1942 by section 601 of this title, and such funds shall be available for the purposes provided in such amendment to such section 7.</content> </section> Approved March 2, 1962.
Public Law 87–409: To reimburse the city of New York for expenditure of funds to rehabilitate slip 7 in the city of New York for use by the United States Army. Public Law 409 Public Law 87–409 76 Stat. 19 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–409
AN ACT To reimburse the city of New York for expenditure of funds to rehabilitate slip 7 in the city of New York for use by the United States Army.

March 3, 1962

[H. R. 74]

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

New York City.

Reimbursement.

 of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the city of New York the sum of $8,872.56. The payment of such sum shall be in full settlement of all claims of the said city of New York against the United States for reimbursement for actual expenses borne by the city of New York in excess of $100,000 for its allotted share in the rehabilitation of slip 7 in the city of New York for the use of the United States Army, and such rehabilitation inured to the benefit of the United States: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim.
Approved March 3, 1962.
Public Law 87–410: To amend subsection (h) of suction 124 of the Agricultural Enabling Amendments Act of 1961. Public Law 410 Public Law 87–410 76 Stat. 19 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–410
AN ACT To amend subsection (h) of suction 124 of the Agricultural Enabling Amendments Act of 1961.

March 3, 1962

[H. R. 8842]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (h)

Wheat storage.

75 Stat. 300.

7 USC 1334 note.

 of section 124 of the Agricultural Enabling Amendments Act of 1961 be amended by striking, following the word “subsection”, “(a) or”, and striking out the words “diverted acres” and inserting in lieu thereof “acres diverted from the 1962 allotment”.
Approved March 3, 1962.
Public Law 87–411: To authorize the Secretary of Agriculture to modify certain leases entered into for the provision of recreation facilities in reservoir areas. Public Law 411 Public Law 87–411 76 Stat. 20 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 20 Public Law 87–411
AN ACT To authorize the Secretary of Agriculture to modify certain leases entered into for the provision of recreation facilities in reservoir areas.

March 3, 1962

[H. R. 4934]

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

Reservoir areas.

Recreation facilities.
That the Secretary of Agriculture is authorized to amend any lease entered into with respect to lands under the jurisdiction of the Forest Service providing for the construction, maintenance, and operation of commercial recreational facilities at a Federal reservoir project so as to provide for the adjustment, either by increase or decrease, from time to time during the term of such lease of the amount of rental or other consideration payable to the United States under such lease, when and to the extent be determines such adjustment to be necessary or advisable in the public interest. No adjustment shall be made under the authority of this Act so as to increase or decrease the amount of rental or other consideration payable under such lease for any period prior to the date of such adjustment.
Approved March 3, 1962.
Public Law 87–412: To provide for the transfer of rice acreage history where producer withdraws from the production of rice. Public Law 412 Public Law 87–412 76 Stat. 20 1962-03-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–412
AN ACT To provide for the transfer of rice acreage history where producer withdraws from the production of rice.

March 6, 1962

[H. R. 9013]

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

Rice acreage allotments.
That section 353 of the Agricultural Adjustment Act of 1938, as amended (7 U.S.C.

63 Stat. 1059.

 1353), be amended by adding at the end thereof a new subsection (f) to read as follows: “(f) (1) If a producer in a State in which farm rice acreage allotments are determined on the basis of past production of rice by the producer on the farm, dies, his history of rice production shall be apportioned in whole or in part among his heirs or devisees according to the extent to which they may continue, or have continued, his farming operations, if satisfactory proof of such succession of farming operations is furnished the Secretary. “(2) If a producer in a State in which farm rice acreage allotments are determined on the basis of past production of rice by the producer on the farm withdraws in whole or in part from rice production in favor of a member or members of his family who will succeed to his farming operations that portion of his rice history acreage as may be ascribed to such withdrawal may be transferred to such family member or members, as the case may he, if satisfactory proof of such relationship and succession of farming operations by such family member or members is furnished the Secretary. “(3) If a producer in a State in which farm rice acreage allotments are determined on the basis of past production of rice by the producer on the farm permanently withdraws from rice production, his rice history acreage may be transferred to another producer or producers who have had previous rice-producing experience, provided the following conditions are met: (i) The transferee must acquire the entire farming operation pertaining to rice, including all production and harvesting equipment, any irrigation equipment not permanently attached to the land, and any land owned by the transferor to which76 Stat. 21 any of the transferred rice history acreage may be ascribed: and (ii) the transferee must actually plant at least 90 per centum of his total producer rice acreage allotment, including the allotment determined on the basis of the rice history acreage acquired from the transferor for at ’east three out of the next four years following the transfer. Failure by the transferee to comply with condition (ii) above shall result in cancellation of the transfer of the rice history acreage. The transferor of rice acreage history under this subsection shall not be eligible for a producer rice acreage allotment for any year subsequent to such transfer, except to the extent that such allotment may be based on rice history acquired in a year (subsequent to the transfer) for which rice acreage allotments are not in effect. “(4) Upon dissolution of a partnership in a State in which farm rice acreage allotments are determined on the basis of past production of rice by the producer on the farm, the partnership’s history of rice production snail be divided among the partners in such proportion as agreed upon in writing by the partners: Provided, That if a partnership was formed in a year in which allotments were in effect and is dissolved in less than three consecutive crop years after the partnership became effective, the rice acreage allotment established foç the partnership and rice history acreages credited to the partnership for each of the years during its existence shall be divided among the partners in the same proportion that each partner contributed to the allotment established for the partnership at the time such partnership was formed. The rice history acreage credited to each of the partners for the years prior to the time the partnership was formed shall revert to the person to whom it was originally credited.”
Approved March 6, 1962.
Public Law 87–413: To provide for the appointment of two additional judges for the juvenile court of the District of Columbia. Public Law 413 Public Law 87–413 76 Stat. 21 1962-03-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–413
AN ACT To provide for the appointment of two additional judges for the juvenile court of the District of Columbia.

March 09, 1962

[S. 486]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 19 of

D. C. Juvenile court.

Additional judges.

52 Stat. 601.

 the Juvenile Court Act of the District of Columbia, approved June 1, 1938, as amended (D.C. Code, sec. 11–920), is amended to read as follows:
“appointment, qualifications, oath, and salary of judges “Sec. 19. (a) The juvenile court of the District of Columbia shall consist of three judges learned in the law and appointed by the President, by and with the advice and consent of the Senate. Each judge appointed after the date of the enactment of this subsection shall serve for a term of ten years or until his successor is appointed and qualified. “(b) To be eligible for appointment as judge of the juvenile court a person must (1) have been a member of the bar of the District of Columbia for a period of five years preceding his appointment, (2) during a period of ten years immediately preceding his appointment, have been a resident of the District of Columbia or of the metropolitan area of the District for at least five years, of which not less than three years shall immediately precede his appointment, and (3) have a broad knowledge of social problems and procedures and an understanding of child psychology. For the purpose of this subsection the term ‘metropolitan

“Metropolitan area of the District.”

 area of the District’ means Montgomery and Prince Georges Counties in Maryland and Arlington and Fairfax Counties and the76 Stat. 22 cities of Alexandria and Falls Church in Virginia. Each judge shall, before entering upon the duties of his office, take the oath prescribed for judges of the courts of the United States. “(c) The President shall designate one of the judges to be the chief judge of the juvenile court. The chief judge shall be responsible for the administration of the court. During the temporary absence or disability of the chief judge, the associate judge of the juvenile court designated by the chief judge or acting chief judge of the United States District Court for the District of Columbia shall be responsible for the administration of the court. The salary of the chief judge shall be equal to the salary of the chief judge or the municipal court for the District of Columbia, and the salary of each associate judge shall be equal to the salary of an associate judge of the municipal court for the District of Columbia.”
Sec. 2. The judge of the juvenile court of the District of Columbia who, on the date of the enactment of this Act, is occupying the position of judge created by the Juvenile Court Act of the District of Columbia, approved June 1, 1938, shall continue in office and shall be deemed to be occupying one of the three positions of judge provided for by

D. C. Code 11–920.

 section 19 of such Act, as amended by the first section of this Act, until the term for which he was appointed shall expire and his successor is duly appointed and qualified. Such judge shall be entitled to compensation in accordance with the provisions of section 19 of the Juvenile Court Act of the District of Columbia as amended by the first section of this Act.
Sec. 3.

52 Stat. 601.

D. C. Code 11–921.

 (a) Section 20 of the Juvenile Court Act of the District of Columbia is amended by striking out “death of the” and inserting in lieu thereof “death of any”. (b)

D. C. Code 11–904, 928.

 Sections 3 and 27 of such Act are amended by striking the word “judge” wherever it appears therein and inserting in lieu thereof the word “judges”. (c)

D. C. Code 11–923, 925.

 Sections 22 and 24 of such Act are amended by inserting the word “chief” immediately before the word “judge” wherever the same appears therein. (d)

D. C. Code 11–906, 914, 927, 937.

 Sections 5, 13, 26, and 36 of such Act are amended by striking out “the judge” wherever it appears in such sections and inserting in lieu thereof “a judge”. (e)

D. C. Code 11–924.

 Section 23 of such Act is amended (1) by striking from the second sentence “the judge” and inserting in lieu thereof “a judge”; and (2) by striking out “the judge as he may direct and keep full records of its work, and inserting in lieu thereof “the court as it may direct and such department shall keep full records of its work”. (f)

D. C. Code 11–929.

 Subsection (o) of section 28 of such Act is amended by striking out “The judge may also provide by rule or”, and inserting in lieu thereof “The court may also provide by rule or a judge may provide by ”. (g)

D. C. Code 11–942.

 Section 42 of such Act is amended by striking out “judge and other”.
Sec. 4.

D. C. Code 11–922.

 Sect ion 21 of the. Juvenile Court Act of the District of Columbia is amended by striking the word “judge” and inserting in lieu thereof the. word “court”.
Sec. 5.

52 Stat. 596.

D. C. Code 11–902.

Report.

 The Juvenile Court Act of the District of Columbia is amended by adding at the end thereof the following new section:
“Sec. 45. The chief judge or the acting chief judge of the juvenile court shall submit to the Attorney General of the United States and to the President of the Board of Commissioners of the District of Columbia a detailed quarterly report of the work of the court, such report to be made within thirty days of the end of the quarter, and to76 Stat. 23 include the number of juvenile and adult cases heard, the number of juvenile and adult cases calendared, the number of juvenile and adult complaints filed, the number of juvenile cases closed without court hearing, moneys collected for fines and support of legitimate and illegitimate family members, and such other information as may reflect the court’s operation and volume of work. A copy of such report shall be kept in the office of the clerk of the court and be subject to public inspection during the regular hours that the court shall be open for business.”
Sec. 6. Wherever in any laws of the United States reference is made to the judge of the juvenile court of the District of Columbia such reference shall be construed to mean any judge of such court.
Approved March 9, 1962.
Public Law 87–414: To provide for a further temporary increase in the public debt limit set forth in the Second Liberty Bond Act. Public Law 414 Public Law 87–414 76 Stat. 23 1962-03-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–414
AN ACT To provide for a further temporary increase in the public debt limit set forth in the Second Liberty Bond Act.

March 13, 1962

[H. R. 10050]

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

Public debt.

Temporary increase.

 period beginning on the date of the enactment of this Act and ending on June 30, 1962, the public debt limit set forth in the first sentence of section 21 of the Second Liberty Bond Act, as amended (31 U.S.C. 757b), shall be temporarily increased by $2,000,000,000. Such increase

Post, p. 124.

 shall be in addition to the temporary increase provided by the Act of June 30, 1961 (Public Law 87–69; 75 Stat. 148).
Approved March 13, 1962.
Public Law 87–415: Relating to manpower requirements, resources, development, and utilization, and for other purposes. Public Law 415 Public Law 87–415 76 Stat. 23 1962-03-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–415
AN ACT Relating to manpower requirements, resources, development, and utilization, and for other purposes.

March 15, 1962

[S. 1991]

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

Manpower Development and Training Act of 1962.

 be cited as the “Manpower Development and Training Act of 1962”.
<num value="I">TITLE I—</num> <heading class="inline">MANPOWER REQUIREMENTS, DEVELOPMENT, AND UTILIZATION</heading> <section> <heading class="smallCaps centered">statement of findings and purpose</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">The Congress finds that there is critical need for more and better trained personnel in many vital occupational categories, including professional, scientific, technical, and apprenticeable categories; that even in periods of high unemployment, many employment opportunities remain unfilled because of the shortages of qualified personnel; and that it is in the national interest that current and prospective manpower shortages be identified and that persons who can be qualified for these positions through education and training be sought out and trained, in order that the Nation may meet the staffing requirements of the struggle for freedom. The Congress further finds that the skills of many persons have been rendered obsolete by<page identifier="/us/stat/76/24">76 <inline class="smallCaps">Stat</inline>. 24</page> dislocations in the economy arising from automation or other technological developments, foreign competition, relocation of industry, shifts in market demands, and other changes in the structure of the economy; that Government leadership is necessary to insure that the benefits of automation do not become burdens of widespread unemployment; that the problem of assuring sufficient employment opportunities will be compounded by the extraordinarily rapid growth of the labor force in the next decade, particularly by the entrance of young people into the labor force, that unproved planning and expanded efforts will be required to assure that men, women, and young people will be trained and available to meet shifting employment needs; that many persons now unemployed or underemployed, in order to become qualified for reemployment or full employment must be assisted in providing themselves with skills which are or will be in demand in the labor market; that the skills of many persons now employed are inadequate to enable them to make their maximum contribution to the Nation’s economy; and that it. is in the national interest (hat the opportunity to acquire new skills be afforded to these people in order to alleviate the hardships of unemployment, reduce the costs of unemployment compensation and public assistance, and to increase the Nation’s productivity and its capacity to meet the requirements of the space age. It is therefore the purpose of this Act to require the Federal Government to appraise the manpower requirements and resources of the Nation, and to develop and apply the information and methods needed to deal with the problems or unemployment resulting from automation and technological changes and other types of persistent unemployment.</content> </section> <section> <heading class="smallCaps centered">evaluation, information, and research</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <chapeau class="inline">To assist the Nation in accomplishing the objectives of technological progress while avoiding or minimizing individual hardship and widespread unemployment, the Secretary of Labor shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>evaluate the impact of, and benefits and problems created by automation, technological progress, and other changes in the structure of production and demand on the use of the Nation’s human resources; establish techniques and methods for detecting in advance the potential impact of such developments; develop solutions to these problems, and publish findings pertaining thereto;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>establish a program of factual studies of practices of employers and unions which tend to impede the mobility of workers or which facilitate mobility, including but not limited to early retirement and vesting provisions and practices under private compensation plans; the extension of health, welfare, and insurance benefits to laid-off workers; the operation of severance pay plans; and the use of extended leave plans for education and training purposes. A report on these studies shall be included as a part of the Secretary’s report required under section 104.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>appraise the adequacy of the Nation’s manpower development efforts to meet foreseeable manpower needs and recommend needed adjustments, including methods for promoting the most effective occupational utilization of and providing useful work experience and training opportunities for untrained and inexperienced youth;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>promote, encourage, or directly engage in programs of information and communication concerning manpower requirements, development, and utilization, including prevention and amelioration of undesirable manpower effects from automation<page identifier="/us/stat/76/25">76 <inline class="smallCaps">Stat</inline>. 25</page> and other technological developments and improvement of the mobility of workers; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>arrange for the conduct of such research and investigations as give promise of furthering the objectives of this Act.</content> </paragraph> </section> <section> <heading class="smallCaps centered">skill and training requirements</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">The Secretary of Labor shall develop, compile, and make available, in such manner as he deems appropriate, information regarding skill requirements, occupational outlook, job opportunities, labor supply in various skills, and employment trends on a National, State, area, or other appropriate basis which shall be used in the educational, training, counseling, and placement activities performed under this Act.</content> </section> <section> <heading class="smallCaps centered">manpower report</heading> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content class="inline">The Secretary of Labor shall make such reports and recommendations<sidenote><p class="firstIndent1 fontsize8">Reports to President and Congress.</p></sidenote> to the President as he deems appropriate pertaining to manpower requirements, resources, use, and training; and the President shall transmit to the Congress within sixty days after the beginning of each regular session (commencing with the year 1963) a report pertaining to manpower requirements, resources, utilization, and training.</content> </section> <num value="II">TITLE II—</num> <heading class="inline">TRAINING AND SKILL DEVELOPMENT PROGRAMS</heading> <part> <num value="A"><inline class="smallCaps">Part</inline> A—</num> <heading class="smallCaps inline">Duties of the Secretary of Labor</heading> <section> <heading class="smallCaps centered">general responsibility</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">In carrying out the purposes of this Act, the Secretary of Labor shall determine the skill requirements of the economy, develop policies for the adequate occupational development and maximum utilization of the skills of the Nation’s workers, promote and encourage the development of broad and diversified training programs, including on-the-job training, designed to qualify for employment the many persons who cannot reasonably be expected to secure full-time employment without such training, and to equip the Nation’s workers with the new and improved skills that are or will be required.</content> </section> <section> <heading class="smallCaps centered">selection of trainees</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of Labor shall provide a program for testing, counseling, and selecting for occupational training under this Act those unemployed or underemployed persons who cannot reasonably be expected to secure appropriate full-time employment without training. Whenever appropriate the Secretary shall provide a special program for the testing, counseling, and selection oi youths, sixteen years of age or older, for occupational training and further schooling. Workers in farm families with less than $1,200 annual net family<sidenote><p class="firstIndent1 fontsize8">Workers in farm families.</p></sidenote> income shall be considered unemployed for the purpose of this Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Although priority in referral for training shall be extended to<sidenote><p class="firstIndent1 fontsize8">Priority standards.</p></sidenote> unemployed persons, the Secretary of Labor shall, to the maximum extent, possible, also refer other persons qualified for training programs which will enable them to acquire needed skills. Priority in referral for training shall also be extended to persons to be trained for skills needed within, first, the labor market area in which they reside and, second, within the State of their residence.</content> </subsection> <page identifier="/us/stat/76/26">76 <inline class="smallCaps">Stat</inline>. 26</page> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The Secretary of Labor shall determine the occupational training needs of referred persons, provide for their orderly selection and referral for training under this Act, and provide counseling and placement services to persons who have completed their training, as well as follow-up studies to determine whether the programs provided meet the occupational training needs of the persons referred.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Before selecting a person for training, the Secretary shall determine that there is a reasonable expectation of employment in the occupation for which the person is to be trained. If such employment is not available in the area in which the person resides, the Secretary shall obtain reasonable assurance of such person’s willingness to accept employment outside his area of residence.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num><sidenote><p class="firstIndent1 fontsize8">Duration of training program.</p></sidenote> <content>The Secretary shall not refer persons for training in an occupation which requires less than two weeks training, unless there are immediate employment opportunities in such occupation.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>The duration of any training program to which a person is referred shall be reasonable and consistent with the occupation for which the person is being trained.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num><sidenote><p class="firstIndent1 fontsize8">Termination of training.</p></sidenote> <content>Upon certification by the responsible training agency that a person who has been referred for training does not have a satisfactory attendance record or is not making satisfactory progress in such training absent good cause, the Secretary shall forthwith terminate his training and subsistence allowances, and his transportation allowances except such as may be necessary to enable him to return to his regular place of residence after termination of training, and withdraw his referral. Such person shall not be eligible for such allowances for one year thereafter.</content> </subsection> </section> <section> <heading class="smallCaps centered">training allowances</heading> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num><sidenote><p class="firstIndent1 fontsize8">Agreements with States.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content> <p class="inline">The Secretary of Labor may, on behalf of the United States, enter into agreements with States under which the Secretary of Labor shall make payments to such States either in advance or by way of reimbursement for the purpose of enabling such States, as agents for the United States, to make payment of weekly training allowances to unemployed persons selected for training pursuant to the provisions of section 202 and undergoing such training in a program operated pursuant to the provisions of this Act. Such payments shall be made tor a period not exceeding fifty-two weeks, and the amount of any such payment in any week for persons undergoing training, including uncompensated employer-provided training, shall not exceed the amount of the average weekly unemployment compensation payment (including allowances for dependents) for a week of total unemployment in the State making such payments during the most recent quarter for which such data are available: <proviso><i>Provided however</i>, That in any week an individual who, but for his training, would be entitled to unemployment compensation in excess of such allowance, shall receive an allowance increased by the amount of such excess. With<sidenote><p class="firstIndent1 fontsize8">Guam and Virgin Islands.</p></sidenote> respect to Guam and the Virgin Islands the Secretary shall by regulation determine the amount of the training allowance to be paid any eligible person taking training under this Act.</proviso></p> <p class="indent0 fontsize10">With respect to any week for which a person receives unemployment<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1130">68 Stat. 1130</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/1361–1371">42 USC 1361–1371</ref>.</p></sidenote> compensation under title XV of the Social Security Act or any other Federal or State unemployment compensation law which is less than the average weekly unemployment compensation payment (including allowances for dependents) for a week of total unemployment in the State making such payment during the most recent quarter for which such data are available, a supplemental training allowance may be paid to a person eligible for a training allowance under this Act.<page identifier="/us/stat/76/27">76 <inline class="smallCaps">Stat</inline>. 27</page> This supplemental training allowance shall not exceed the difference between his unemployment compensation and the average weekly unemployment compensation payment referred to above.</p> <p class="indent0 fontsize10">For persons undergoing on-the-job training, the amount of any payment<sidenote><p class="firstIndent1 fontsize8">On-the-job trainees.</p></sidenote> which would otherwise be made by the Secretary of Labor under this section shall be reduced by an amount which bears the same ratio to that payment as the number of compensated hours per week bears to forty hours.</p> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The Secretary of Labor is authorized to pay to any person engaged in training under this title, including compensated full-time on-the-job training, such sums as he may determine to be necessary to defray transportation and subsistence expenses for separate maintenance of such persons when such training is provided in facilities which are not within commuting distance of their regular place of residence: <proviso><i>Provided</i>, That the Secretary in defraying such subsistence expenses<sidenote><p class="firstIndent1 fontsize8">Limitations.</p></sidenote> shall not afford any individual an allowance exceeding $35 per week, at the rate of $5 per day; nor shall the Secretary authorize any transportation expenditure exceeding the rate of 10 cents per mile.</proviso></content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The Secretary of Labor shall pay training allowances only to unemployed persons who have had not less than three years of experience in gainful employment and are either heads of families, or heads of households as defined in the Internal Revenue Code of 1954, except<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68A/3">68A Stat. 3</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref>.</p></sidenote> that he may pay training allowances at a rate not exceeding $20 a week to youths over nineteen but under twenty-two years of age where such allowances are necessary to provide them occupational training, but not more than 5 per centum of the estimated total training allowances paid annually under this section may be paid to such youths.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>After June 30, 1964, any amount paid to a State for training<sidenote><p class="firstIndent1 fontsize8">Payments to States.</p></sidenote> allowances under this section, or as reimbursement for unemployment compensation under subsection (h), shall be paid on condition that such State shall bear 50 per centum of the amount of such payments.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>No training allowance shall be made to any person otherwise eligible who, with respect to the week for which such payment would be made, has received or is seeking unemployment compensation under title XV of the Social Security Act or any other Federal or State<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1130">68 Stat. 1130</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1–1371">42 USC 136 1–1371</ref>.</p></sidenote> unemployment compensation law, but if the appropriate State or Federal agency finally determines that a person denied training allowances for any week because of this subsection was not entitled to unemployment compensation under title XV of the Social Security Act or such Federal or State law with respect to such week, this subsection shall not apply with respect to such week.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>A person who refuses, without good cause, to accept training under this Act shall not, for one year thereafter, be entitled to training allowances.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <content>Any agreement under this section may contain such provisions (including, as far as may be appropriate, provisions authorized or made applicable with respect to agreements concluded by the Secretary of Labor pursuant to title XV of the Social Security Act) as will promote effective administration, protect the United States against loss and insure the proper application of payments made to the State under such agreement. Except as may be provided in such agreements,<sidenote><p class="firstIndent1 fontsize8">Finality of determinations.</p></sidenote> or in regulations hereinafter authorized, determinations by any duly designated officer or agency as to the eligibility of persons for weekly training allowances under this section shall be final and conclusive for any purposes and not subject to review by any court or any other officer.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num> <content>If State unemployment compensation payments are paid to a<sidenote><p class="firstIndent1 fontsize8">State unemployment compensation payments.</p></sidenote> person taking training under this Act and eligible for a training allowance, the State making such payments shall be reimbursed from<page identifier="/us/stat/76/28">76 <inline class="smallCaps">Stat</inline>. 28</page> funds herein appropriated. The amount of such reimbursement shall be determined by the Secretary of Labor on the basis of reports furnished to him by the States and such amount shall then be placed in the State’s unemployment trust fund account.</content> </subsection> <subsection class="indent0 fontsize10"><num value="i">(i) </num> <content>A person who, in connection with an occupational training program, has received a training allowance or whose unemployment compensation payments were reimbursed under the provisions of this Act or any other Federal Act shall not be entitled to training allowances under this Act for one year after the completion or other termination (for other than good cause) of the training with respect to which such allowance or payment was made.</content> </subsection> <subsection class="indent0 fontsize10"><num value="j">(j) </num> <content>No training allowance shall be paid to any person who is receiving training for an occupation which requires a training period of less than six days.</content> </subsection> </section> <section> <heading class="smallCaps centered">on-the-job training</heading> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of Labor shall encourage, develop, and secure the adoption of programs for on-the-job training needed to equip persons selected for training with the appropriate skills. The Secretary shall, to the maximum extent possible, secure the adoption by the States and by private and public agencies, employers, trade associations, labor organizations and other industrial and community groups which he determines are qualified to conduct effective training programs under this title of such programs as he approves, and for this purpose he is authorized to enter into appropriate agreements with them.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8">Training standards.</p></sidenote> <chapeau>In adopting or approving any training program under this part, and as a condition to the expenditure of funds for any such program, the Secretary shall make such arrangements as he deems necessary to insure adherence to appropriate training standards, including assurances—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>that the training content of the program is adequate, involves reasonable progression, and will result in the qualification of trainees for suitable employment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that the training period is reasonable and consistent with periods customarily required for comparable training;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that adequate and safe facilities, and adequate personnel and records of attendance and progress are provided; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>that the trainees are compensated by the employer at such rates, including periodic increases, as may be deemed reasonable under regulations hereinafter authorized, considering such factors as industry, geographical region, and trainee proficiency.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Where on-the-job training programs under this part require supplementary classroom instruction, appropriate arrangements for such instruction shall be agreed to by the Secretary of Health, Education, and Welfare and the Secretary of Labor.</content> </subsection> </section> <section> <heading class="smallCaps centered">national advisory committee</heading> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary shall appoint a National Advisory Committee which shall consist of ten members and shall be composed of representatives of labor, management, agriculture, education, and training, and the public in general. From the members appointed to such Committee the Secretary shall designate a Chairman. Such Committee, or any duly established subcommittee thereof, shall from<page identifier="/us/stat/76/29">76 <inline class="smallCaps">Stat</inline>. 29</page> time to time make recommendations to the Secretary relative to the carrying out of his duties under this Act. Such Committee shall hold not less than two meetings during each calendar year.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The National Advisory Committee shall encourage and assist in the organization on a plant, community, regional, or industry basis of labor-management-public committees and similar groups designed to further the purposes of this Act and may provide assistance to such groups, as well as existing groups organized for similar purposes, in effectuating such purposes.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The National Advisory Committee may accept gifts or bequests, either for carrying out specific programs or for its general activities or for its responsibilities under subsection (b) of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Appointed members of the Committee shall be paid compensation<sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> at the rate of $50 per diem when engaged in the work of the Committee, including travel time, and shall be allowed travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. 73b–2) for persons in the Government service employed intermittently<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/808">60 Stat. 808</ref>; <ref href="/us/stat/75/339/340">75 Stat. 339, 340</ref>.</p></sidenote> and receiving compensation on a per diem, when actually employed, basis.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Any member of the Committee is hereby exempted, with<sidenote><p class="firstIndent1 fontsize8">Conflict of interest.</p></sidenote> respect to such appointment, from the operation of sections 281, 283, and 1914 of title 18 of the United States Code, and section 190 of the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/697/793">62 Stat. 697, 793</ref>.</p></sidenote> Revised Statutes (5 U.S.C. 99), except as otherwise specified in paragraph (2) of this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>The exemption granted by paragraph (1) of this subsection shall not extend—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>to the receipt or payment of salary in connection with the appointee’s Government service from any source other than the private employer of the appointee at the time of his appointment, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>during the period of such appointment, to the prosecution or participation in the prosecution, by any person so appointed, of any claim against the Government involving any matter with which such person, during such period, is or was directly connected by reason of such appointment.</content> </subparagraph> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">state agreements</heading> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of Labor is authorized to enter into an agreement with each State, or with the appropriate agency of each State, pursuant to which the Secretary of Labor may, for the purpose of carrying out his functions and duties under this title, utilize the services of the appropriate State agency and, notwithstanding any other provision of law, may make payments to such State or appropriate agency for expenses incurred for such purposes.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Any agreement under this section may contain such provisions as will promote effective administration, protect the United States against loss and insure that the functions and duties to be carried out by the appropriate State agency are performed in a manner satisfactory to the Secretary.</content> </subsection> </section> <section> <heading class="smallCaps centered">rules and regulations</heading> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content class="inline">The Secretary of Labor shall prescribe such rules and<sidenote><p class="firstIndent1 fontsize8">Regulatory authority.</p></sidenote> regulations as he may deem necessary and appropriate to carry out the provisions of this part.</content> </section> </part> <page identifier="/us/stat/76/30">76 <inline class="smallCaps">Stat</inline>. 30</page> <part> <num value="B"><inline class="smallCaps">Part</inline> B—</num> <heading class="smallCaps inline">Duties of the Secretary of Health, Education, and Welfare</heading> <section> <heading class="smallCaps inline">general responsibility</heading> <num value="231"><inline class="smallCaps">Sec</inline>. 231. </num> <content class="inline">The Secretary of Health, Education, and Welfare shall,<sidenote><p class="firstIndent1 fontsize8">Agreements with States.</p></sidenote> pursuant to the provisions of this title, enter into agreements with States under which the appropriate State vocational education agencies will undertake to provide training needed to equip persons referred to the Secretary of Health, Education, and Welfare by the Secretary of Labor pursuant to section 202, for the occupations specified in the referrals. Such State agencies shall provide for such training through public education agencies or institutions or, if facilities or services of such agencies or institutions are not adequate for the purpose, through arrangements with private educational or training institutions. The State agency shall be paid 50 per centum of the cost to the State of carrying out the agreement, except that for the period ending June 30, 1964 the State agency shall be paid 100 per centum of the cost to the State of carrying out the agreement with respect to unemployed persons. Such agreements shall contain such other provisions as will promote effective administration (including provision (1) for reports on the attendance and performance of trainees, (2) for immediate certification to the Secretary of Labor by the responsible training agency with respect to each person referred for training who does not have a satisfactory attendance record or is not making satisfactory progress in such training absent good cause, and (3) for continuous supervision of the training programs conducted under the agreement to insure the quality and adequacy of the training provided), protect the United States against loss, and assure that the functions and duties to be carried out by such State agency are performed in such fashion as will carry out the purposes of this title. In the case of any State which does not enter into an agreement under this section, and in the case of any training which the State agency does not provide under such an agreement, the Secretary of Health, Education, and Welfare may provide the needed training by agreement or contract with public or private educational or training institutions.</content> </section> <section> <heading class="smallCaps centered">rules and regulations</heading> <num value="232"><inline class="smallCaps">Sec</inline>. 232. </num><sidenote><p class="firstIndent1 fontsize8">Regulatory authority.</p></sidenote> <content class="inline">The Secretary of Health, Education, and Welfare may prescribe such rules and regulations as he may deem necessary and appropriate to carry out the provisions of this part.</content> </section> </part> <num value="III">TITLE III—</num> <heading class="inline">MISCELLANEOUS</heading> <section> <heading class="smallCaps centered">apportionment of benefits</heading> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content class="inline">For the purpose of effecting an equitable apportionment of Federal expenditures among the States in carrying out the programs authorized under title IT of this Act, the Secretary of Labor and the Secretary of Health, Education, and Welfare shall make such apportionment in accordance with uniform standards and in arriving at such standards shall consider only the following factors: (1) the proportion which the labor force of a State bears to the total labor force of the United States, (2) the proportion which the unemployed in a State during the preceding calendar year bears to the total number of unemployed in the United States in the preceding calendar<page identifier="/us/stat/76/31">76 <inline class="smallCaps">Stat</inline>. 31</page> year, (3) the lack of appropriate full-time employment in the State, (4) the proportion which the insured unemployed within a State bears to the total number of insured employed within such State, and (5) the average weekly unemployment compensation benefits paid by the State. The Secretary of Labor and the Secretary of Health, Education, and Welfare are authorized to make reapportionments from time to time where the total amounts apportioned under this section have not been fully obligated in a particular State, or where the State or appropriate agencies in the State have not entered into the necessary agreements, and the Secretaries find that any other State is in need of additional funds to carry out the programs authorized by this Act.</content> </section> <section> <heading class="smallCaps centered">maintenance of state effort</heading> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content class="inline">No training program which is financed in whole or in part by the Federal Government under this Act shall be approved unless the Secretary of Labor, if the program is authorized under part; A of title II, or the Secretary of Health, Education, and Welfare, if the program is authorized under part B of title II, satisfies himself that neither the State nor the locality in which the training is carried out has reduced or is reducing its own level of expenditures for vocational education and training, including program operation under provisions of the Smith-Hughes Vocational Education Act and titles I,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/39/929">39 Stat. 929</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/11–15/16–28">20 USC 11–15, 16–28</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/773">60 Stat. 773</ref>; <ref href="/us/stat/72/1598">72 Stat. 1598</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s151–15ggg">20 USC 151–15ggg</ref>.</p></sidenote> II, and III of the Vocational Education Act of 1946, except for reductions unrelated to the provisions or purposes of this Act.</content> </section> <section> <heading class="smallCaps centered">other agencies and departments</heading> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <subsection class="inline"> <num value="a">(a) </num> <content>In the performance of their functions under this Act, the Secretary of Labor and the Secretary of Health, Education, and Welfare, in order to avoid unnecessary expense and duplication of functions among Government agencies, shall use the available services or facilities of other agencies and instrumentalities of the Federal Government, under conditions specified in section 306(a). Each department, agency, or establishment of the United States is authorized and directed to cooperate with the Secretary of Labor and the Secretary of Health, Education, and Welfare and, to the extent permitted by law, to provide such services and facilities as either may request for his assistance in the performance of his functions under this Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The Secretary of Labor and the Secretary of Health, Education, and Welfare shall carry out their responsibilities under this Act through the maximum utilization of all possible resources for skill development available in industry, labor, public and private educational and training institutions, State, Federal, and local agencies, and other appropriate public and private organizations and facilities.</content> </subsection> </section> <section> <heading class="smallCaps centered">appropriations authorized</heading> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <subsection class="inline"> <num value="a">(a) </num> <content>There are hereby authorized to be appropriated $2,000,000 for the fiscal year ending June 30, 1963, $3,000,000 for the fiscal year ending June 30, 1964, and a like amount for the fiscal year ending June 30, 1965, for the purpose of carrying out title I.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>There are hereby authorized to be appropriated $97,000,000 for the fiscal year ending June 30, 1963, $161,000,000 for the fiscal year ending June 30, 1964, and a like amount for the fiscal year ending June 30, 1965, for the purpose of carrying out title II.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>There are hereby authorized to be appropriated $1,000,000 for the fiscal year ending June 30, 1963, $1,000,000 for the fiscal year<page identifier="/us/stat/76/32">76 <inline class="smallCaps">Stat</inline>. 32</page> ending June 30, 1964, and a like amount for the fiscal year ending June 30, 1965, for the purpose of carrying out title III.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>There are hereby authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1962, for planning and starting programs under this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">limitations on use of appropriated funds</heading> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Funds appropriated under the authorization of this Act may be transferred, with the approval of the Director of the Bureau of the Budget, between departments and agencies of the Government, if such funds are used for the purposes for which they are specifically authorized and appropriated.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Any equipment and teaching aids purchased by a State or local vocational education agency with funds appropriated to carry out the provisions of part B shall become the property of the State.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>No portion of the funds to be used under part B of this Act shall be appropriated directly or indirectly to the purchase, erection, or repair of any building except for minor remodeling of a public building necessary to make it suitable for use in training under part B.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Funds appropriated under this Act shall remain available for one fiscal year beyond that in which appropriated.</content> </subsection> </section> <section> <heading class="smallCaps centered">authority to contract</heading> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of Labor and the Secretary of Health, Education, and Welfare may make such contracts or agreements, establish such procedures, and make such payments, either m advance or by way of reimbursement, or otherwise allocate or expend funds made available under this Act, as they deem necessary to carry out the provisions of this Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote> <content>The Secretary of Labor and the Secretary of Health, Education, and Welfare shall not use any authority conferred by this Act to assist in relocating establishments from one area to another. Such limitation shall not prohibit assistance to a business entity in the establishment of a new branch, affiliate, or subsidiary of such entity if the Secretary of Labor finds that assistance will not result in an increase in unemployment in the area of original location or in any other area where such entity conducts business operations, unless he has reason to believe that such branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where it conducts such operations.</content> </subsection> </section> <section> <heading class="smallCaps centered">selection and referral</heading> <num value="307"><inline class="smallCaps">Sec</inline>. 307. </num><sidenote><p class="firstIndent1 fontsize8">Membership in labor organizations.</p></sidenote> <content class="inline">The selection of persons for training under this Act and for placement of such persons shall not be contingent upon such person’s membership or nonmembership in a labor organization.</content> </section> <section> <heading class="smallCaps centered">definition</heading> <num value="308"><inline class="smallCaps">Sec</inline>. 308. </num><sidenote><p class="firstIndent1 fontsize8">“State.”</p></sidenote> <content class="inline">For the purposes of this Act, the term “State” includes the District of Columbia, Puerto Rico, the Virgin Islands, and Guam.</content> </section> <section> <heading class="smallCaps centered">secretaries’ reports</heading> <num value="309"><inline class="smallCaps">Sec</inline>. 309. </num><sidenote><p class="firstIndent1 fontsize8">Reports to Congress.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Prior to March 1, 1963, and again prior to March 1, 1964, the Secretary of Labor shall make a report to Congress. Such report shall contain an evaluation of the programs under title I and<page identifier="/us/stat/76/33">76 <inline class="smallCaps">Stat</inline>. 33</page> part A of title II, including the number of persons trained and the number and types of training activities under this Act, the number of unemployed or underemployed persons who have secured full-time employment as a result or such training, and the nature of such employment, the need for continuing such programs, and recommendations for improvement.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Prior to March 1, 1963, and again prior to March 1, 1964, the Secretary of Health, Education, and Welfare shall also make a report to Congress. Such report shall contain an evaluation of the programs under part B of title II, the need for continuing such programs, and recommendations for improvement. The first such report shall also contain the results of the vocational training survey which is presently being conducted under the supervision of the Secretary.</content> </subsection> </section> <section> <heading class="smallCaps centered">termination of authority</heading> <num value="310"><inline class="smallCaps">Sec</inline>. 310. </num> <subsection class="inline"> <num value="a">(a) </num> <content>All authority conferred under title II of this Act shall terminate at the close of June 30, 1965.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Notwithstanding the foregoing, the termination of title II shall not affect the disbursement of funds under, or the carrying out of, any contract, commitment or other obligation entered into prior to the date of such termination: <proviso><i>Provided</i>, That no disbursement of funds shall be made pursuant to the authority conferred under title II of this Act after December 30, 1965.</proviso></content> </subsection> </section> Approved March 15, 1962, 10:40 a.m.
Public Law 87–416: To donate to the Zuni Tribe approximately six hundred and ten acres of federally owned land. Public Law 416 Public Law 87–416 76 Stat. 33 1962-03-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–416
AN ACT To donate to the Zuni Tribe approximately six hundred and ten acres of federally owned land.

March 16, 1962

[S. 201]

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

Indians.

Zuni Tribe.

Land conveyance.

 title, and interest of the United States in approximately six hundred and ten and eighty-nine one-hundredths acres of land in section 22, township 10 north, range 20 west, New Mexico principal meridian, and any improvements thereon, that were excepted from the conveyance made by the Act of August 13, 1949 (63 Stat. 604), and retained as

25 USC 621.

 Federal land for administrative purposes, is hereby declared to be held in trust for the Zuni Tribe.
Approved March 16, 1962.
Public Law 87–417: To amend the Act of June 4, 1953 (67 Stat. 41), entitled “An Act to authorize the Secretary of the Interior, or his authorized representative, to convey certain school properties to local school districts or public agencies.” Public Law 417 Public Law 87–417 76 Stat. 34 1962-03-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–417
AN ACT To amend the Act of June 4, 1953 (67 Stat. 41), entitled “An Act to authorize the Secretary of the Interior, or his authorized representative, to convey certain school properties to local school districts or public agencies.”

March 16, 1962

[S. 1299]

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

Indian schools.

Land conveyance limitation, Increase.

25 USC 293a.

 proviso in the Act of June 4, 1953 (67 Stat. 41), as amended, is amended to read: “Provided further, That no more than fifty acres of land shall be transferred under the terms of this Act in connection with any single school property conveyed to State or local governmental agencies or to local school authorities.”
Approved March 16, 1962.
Public Law 87–418: Granting the consent of Congress to an amendment to a compact ratified by the States of Louisiana and Texas and relating to the waters of the Sabine River. Public Law 418 Public Law 87–418 76 Stat. 34 1962-03-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 34 Public Law 87–418
AN ACT Granting the consent of Congress to an amendment to a compact ratified by the States of Louisiana and Texas and relating to the waters of the Sabine River.

March 16, 1962

[H. R. 7855]

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

Sabine River, La. Tex.

Interstate compact, amendment.
That, the consent of the Congress is hereby given to an amendment to the interstate compact relating to the waters of the Sabine River and to its tributaries which was ratified by the Legislature of the State of Texas and ratified by the Legislature of the State of Louisiana, which amendment reads as follows:
“article vii— “(C) The Texas members shall be appointed by the Governor for a term of six years; provided, however, that one of the original Texas members shall be appointed for a term to establish a half-term interval between the expiration dates of the terms of such members, and thereafter one such member shall be appointed each three years for the regular term. One of the Louisiana members shall be exofficio the Director of the Louisiana Department of Public Works; the other Louisiana member shall be a resident of the Sabine Watershed and shall be appointed by the Governor of Louisiana for a term of four years; provided that the first member so appointed shall serve until June 30, 1958. Each State member shall hold office subject to the laws of his State or until his successor has been duly appointed and qualified.”
Sec. 2.

Reservation.

 The right to alter, amend, or repeal this Act is expressly reserved. This reservation shall not be construed to prevent the vesting of rights to the use of water pursuant to applicable law and no alteration, amendment, or repeal of this Act shall be held to affect rights so vested.
Approved March 16, 1962.
Public Law 87–419: To amend section 8 of the Organic Act of Guam and section 15 of the Revised Organic Act of • the Virgin Islands, to provide for appointment of acting secretaries for such territories under certain conditions. Public Law 419 Public Law 87–419 76 Stat. 34 1962-03-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–419
AN ACT To amend section 8 of the Organic Act of Guam and section 15 of the Revised Organic Act of • the Virgin Islands, to provide for appointment of acting secretaries for such territories under certain conditions.

March 16, 1962

[S. 2774]

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

Guam and Virgin Islands.

Acting secretaries, appointment.
That section 8 of the Organic Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422b) is amended by adding the following at the end thereof: “The Governor or Acting Governor may from time to time designate an officer or employee of the executive branch of the government of Guam to act as secretary of Guam in case of a vacancy in the office of secretary of Guam or the disability or temporary absence of the secretary of Guam or while the secretary is acting as Governor, and the person so designated shall have all the powers of the secretary so long as such condition continues, except for the power set forth in the first sentence of section 7 of this Act. No additional compensation shall be paid to any person acting as Governor or as secretary under this Act.”
76 Stat. 35
Sec. 2. Section 15 of the Revised Organic Act of the Virgin Islands (68 Stat. 497, 504; 48 U.S.C. 1596) is amended by adding the following at the end thereof: “The Governor or Acting Governor may from time to time designate an officer or employee of the executive department of the government of the Virgin Islands to act as government secretary for the Virgin Islands in case of a vacancy in the office of the government secretary or the disability or temporary absence of the government secretary or while said government secretary is acting as Governor, and the person so designated shall have all the powers of government secretary so long as such condition continues, except for the power set forth m section 14 of this Act. No additional compensation

48 USC 1595.

 shall be paid to any person acting as Governor or as secretary under this Act.”
Approved March 16, 1962.
Public Law 87–420: To amend the Welfare and Pension Plans Disclosure Act with respect to the method of enforcement and to provide certain additional sanctions, and for other purposes. Public Law 420 Public Law 87–420 76 Stat. 35 1962-03-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–420
AN ACT To amend the Welfare and Pension Plans Disclosure Act with respect to the method of enforcement and to provide certain additional sanctions, and for other purposes.

March 20, 1962

[H. R. 8723]

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

Welfare and Pension Plans Disclosure Act Amendments of 1962.

 be cited as the “Welfare and Pension Plans Disclosure Act Amendments of 1962”.
Sec. 2. The first line of section 3 of the Welfare and Pension Plans Disclosure Act is amended by striking out “(a) ”.

72 Stat. 997.

29 USC 302.
Sec. 3. Paragraph (1) of section 3 of such Act is amended by striking out the word “to” after the word “communicated”.
Sec. 4. Paragraph (9) of section 3 of such Act is amended to read as follows: “(9) The term ‘State’ includes any State of the

Definitions.

 United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331–1343).”

67 Stat. 462.
Sec. 5. Section 3 of such Act is further amended by striking out paragraph (11) and adding the following new paragraphs (11), (12), and (13): “(11) The term ‘industry or activity affecting commerce’ means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry ‘affecting commerce’ within the meaning of the Labor-Management Relations Act, 1947,

61 Stat. 136.

29 USC 141.

44 Stat. 577.

45 USC 151.

 as amended, or the Railway Labor Act, as amended. “(12) The term ‘Secretary’ means the Secretary of Labor. “(13) The term ‘party in interest’ means any administrator, officer, trustee, custodian, counsel, or employee of any employee welfare benefit plan or employee pension benefit plan, or a person providing benefit plan services to any such plan, or an employer any of whose employees are covered by such a plan or officer or employee or agent of such employer, or an officer or agent or employee of an employee organization having members covered by such plan”
Sec. 6. Paragraphs (3) and (4) of subsection (b) of section 4 of

29 USC 303.

 such Act are amended to read as follows: “(3) such plan is administered by an organization which is exempt from taxation under the provisions of section 501(a) of the Internal Revenue Code of 1954 and is administered as a corol-

26 USC 501.

76 Stat. 36 lary to membership in a fraternal benefit society described in section 501(c)(8) of such Code or by organizations described in, sections 501(c)(3) and 501(c)(4) of such Code: Provided, That the provisions of this paragraph shall not exempt any plan administered by a fraternal benefit society or organization which represents its members for purposes of collective bargaining; or “(4) such plan covers not more than twenty-five participants.”
Sec. 7.

29 USC 304.

 Subsection (a) of section 5 of such Act is amended by striking out the last sentence thereof and inserting in lieu thereof the following: “Such description and such report shall contain the information required

29 USC 305, 306.

 by sections 6 and 7 of this Act in such form and detail as the Secretary shall by regulations prescribe and copies thereof shall be executed, published, and filed in accordance with the provisions of this Act and the Secretary’s regulations thereunder. No regulation shall be issued under the preceding sentence which relieves any administrator of the obligation to include in such description or report any information relative to his plan which is required by section 6 or 7. Notwithstanding the foregoing, if the Secretary finds, on the record after giving interested persons an opportunity to be heard, that specific information on plans of certain Kinds or on any class or

29 USC 302.

 classes of benefits described in section 3 (1) and (2) which are provided by such plans cannot, in the normal method of operation of such plans, be practicably ascertained or made available for publication in the manner or for the period prescribed in any provision of this Act, or that the information if published in such manner or for such period would be duplicative or uninformative, the Secretary may by regulations prescribe such other manner or such other period for the publication of such information as he may determine to be necessary and appropriate to carry out the purposes of this Act.”
Sec. 8.

29 USC 305.

 Subsection (b) of section 6 of such Act is amended by adding at the end thereof the following new sentence: “Any change in the information required by this subsection shall be reported to the Secretary within sixty days after the change has been effectuated.”
Sec. 9.

29 USC 306.

 (a) Section 7(a) of such Act is amended by inserting after the word “plan” the second time it appears the following: “if it covers one hundred or more participants. However, the Secretary, after investigation, may require the administrator of any plan otherwise covered by the Act to publish such report when necessary and appropriate to carry out the purposes of the Act”, and by striking out “twenty” both times it appears and inserting in lieu thereof “fifty”. (b)

Report; contents.

 Section 7(b) of such Act is amended by striking out the first sentence of the second paragraph and inserting in lieu thereof the following: “The amount contributed by each employer; the amount contributed by the employees; the amount of benefits paid or otherwise furnished; the number of employees covered: a statement of assets specifying the total amount in each of the following types of assets: cash, Government bonds, non-Government bonds and debentures, common stocks, preferred stocks, common trust funds, real estate loans and mortgages, operated real estate, other real estate, and other assets; a statement of liabilities, receipts, and disbursements of the plan; a detailed statement of the salaries and fees and commissions charged to the plan, to whom paid, in what amount, and for what purposes. The Secretary, when he has determined that an investigation

29 USC 308.

 is necessary in accordance with section 9(d) of this Act; may require the filing, of supporting schedules of assets and liabilities.” 76 Stat. 37 (c) Section 7(b) is further amended by adding at the end thereof the following new sentence: “In the case of reports sworn to, but not certified, the Secretary, when he determines that it may be necessary to investigate the plan in accordance with section 9(d) of this Act, shall, prior to investigation by the Department of Labor, require certification of the report by an independent certified or licensed public accountant.”
Sec. 10. Subparagraph (B) of paragraph (1) of subsection (f) of section 7 of such Act is amended by striking out “summary” and by striking out “broken down by types, such as cash investments in governmental obligations, investments in nongovernmental bonds, and investments in corporate stocks” and inserting in lieu thereof the following: “as required by section 7(b)”.
Sec. 11. Subparagraph (C) of paragraph (1) of subsection ff) of section 7 of such Act is amended by striking out “total fund” and inserting “total funds”, by striking out “by reason of being an officer, trustee, or employee of such fund”, and by striking out “listed at their aggregate cost or present value, whichever is lower” and inserting in lieu thereof “valued as provided in subparagraph (B)”.
Sec. 12. Subparagraph (D) of paragraph (1) of subsection (f) of section 7 of such Act is amended by striking out the words “by reason

29 USC 306.

 of being an officer, trustee, or employee of such fund”.
Sec. 13. Section 7 of such Act is amended by adding thereto the following new subsections (g) and (h): “(g) If some or all of the benefits under the plan are provided by an insurance carrier or service or other organization, such carrier or organization shall certify to the administrator of such plan, within one hundred and twenty days after the end of each calendar, policy, or other fiscal year, as the case may be, such reasonable information determined by the Secretary to be necessary to enable such administrator to comply with the requirements of this Act. “(h) The Secretary shall prescribe by general rule simplified reports

Simplified reports.

 for plans which he finds that by virtue of their size or otherwise a detailed report would be unduly burdensome, but the Secretary may revoke such provisions for simplified forms for any plan if the purposes of the Act would be served thereby.”
Sec. 14. Section 8(a)(2) of such Act is amended by striking out

29 USC 307.

 “a summary” and inserting in lieu thereof “an adequate summary”.
Sec. 15. (a) Section 9(a) of such Act is amended by striking out “of

29 USC 308.

Enforcement.

 sections 5 or 8”, and inserting before the period the words “, or both”. (b) Section 9 of such Act is amended by striking out subsections (d) and (e) and inserting in lieu thereof the following new subsections: “(d) The Secretary may, after first requiring certification in accordance with section 7(b), upon complaint of violation not satisfied by such certification, or on his own motion, when he continues to have reasonable cause to believe investigation may disclose violations of this Act, make such investigations as he deems necessary, and may require or permit any person to file with him a statement in writing, under oath or otherwise, as to all the facts and circumstances concerning the matter to be investigated. “(e) For the purposes of any investigation provided for in this Act, the provisions of sections 9 and 10 (relating to the attendance of

29 USC 308, 309.

 witnesses and the production of books, records, and documents) of the Federal Trade Commission Act of September 16, 1914, as amended (15 U.S.C. 49, 50), are hereby made applicable to the jurisdiction,

38 Stat. 717.

 powers, and duties of the Secretary or any officers designated by him. 76 Stat. 38 “(f) Whenever it shall appear to the Secretary that any person is engaged in any violation of the provisions of this Act, he may in his discretion bring an action in the proper district court of the United States or United States court of any place subject to the jurisdiction of the United States, to enjoin such acts or practices, and upon a proper showing a permanent or temporary injunction or restraining order shall be granted. “(g)

Jurisdiction.

 The United States district courts and the United States courts of any place subject to the jurisdiction of the United States shall have jurisdiction, for cause shown, to restrain violations of this Act. “(h)

Restriction.

 Nothing contained in this Act shall be so construed or applied as to authorize the Secretary to regulate, or interfere in the management of, any employee welfare or pension benefit plan, except that the Secretary may inquire into the existence and amount of investments, actuarial assumptions, or accounting practices only when it has been determined that investigation is required in accordance with section 9(d) of this Act. “(i)

Information to Attorney General.

 The Secretary shall immediately forward to the Attorney General or his representative any information coming to his attention in the course of the administration of this Act which may warrant consideration for criminal prosecution under the provisions of this Act or other Federal law.”
Sec. 16. (a) Such Act is further amended by renumbering sections

29 USC 309, 301 notes.

 10, 11, and 12 as sections 16, 17, and 18, respectively, and by adding the following new sections to the Act:
“reports made public information “Sec. 10. The contents of the descriptions and regular annual reports filed with the Secretary pursuant to this Act shall be public information, and the Secretary, where to do so would protect the interests of participants or beneficiaries of a plan, may publish any such information and data. The Secretary may use the infoïrnation and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based thereon as he may deem appropriate.
“retention of records “Sec. 11. Every person required to file any description or report or to certify any information therefor under this Act shall maintain records on the matters of which disclosure is required which will provide in sufficient detail the necessary basic information and data from which the documents thus required may be verified, explained, or clarified, and checked for accuracy and completeness, and shall include vouchers, worksheets, receipts, and applicable resolutions, and shall keep such records available for examination for a period of not less than five years after the filing of the documents based on the information which they contain.
“reliance on administrative interpretations and forms “Sec. 12. In any action or proceeding based on any act or omission in alleged violation of this Act, no person shall be subject to any liability or punishment for or on account of the failure of such person to (1) comply with any provision of this Act if he pleads and proves that the act or omission complained of was in good faith, in conformity with, and in reliance on any written interpretation or opinion of the Secretary, or (2) publish and file any information required by any provision of this Act if he pleads and proves that he published and76 Stat. 39 filed such information in good faith, on the description and annual report forms prepared by the Secretary and in conformity with the instructions of the Secretary issued under this Act regarding the filing of such forms. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this Act.
“bonding “Sec. 13. (a) Every administrator, officer, and employee of any employee welfare benefit plan or of any employee pension benefit plan subject to this Act who handles funds or other property of such plan shall be bonded as herein provided; except that, where such plan is one under which the only assets from which benefits are paid are the general assets of a union or of an employer, the administrator, officers and employees of such plan shall be exempt from the bonding requirements of this section. The amount of such bond shall be fixed at the beginning of each calendar, policy, or other fiscal year, as the case may be, which constitutes the reporting year of such plan. Such amount shall be not less than 10 per centum of the amount of funds handled, determined as herein provided, except that any such bond shall be in at least the amount of $1,000 and no such bond shall be required in an amount in excess of $500,000: Provided, That the Secretary, after due notice and opportunity for hearing to all interested parties, and after consideration of the record, may prescribe an amount in excess of $500,000, which in no event shall exceed 10 per centum of the funds handled. For purposes of fixing the amount of such bond, the amount of funds handled shall be determined by the funds handled by the person, group, or class to be covered by such bond and by their predecessor or predecessors, if any, during the preceding reporting year, or if the plan has no preceding reporting year, the amount of funds to be handled during the current reporting year by such person, group, or class, estimated as provided in regulations of the Secretary. Such bond shall provide protection to the plan against loss by reason of acts of fraud or dishonesty on the part of such administrator, officer, or employee, directly or through connivance with others. Any bond shall have as surety thereon a corporate surety company which is an acceptable surety on Federal bonds under authority granted by the Secretary of the Treasury pursuant to the Act of July 30, 1947 (6 U.S.C. 6–13). Any bond shall be in a form or of a type approved by

61 Stat. 648.

 the Secretary, including individual bonds or schedule or blanket forms of bonds which cover a group or class. “(b) It shall be unlawful for any administrator, officer, or employee to whom subsection (a) applies, to receive, handle, disburse, or otherwise exercise custody or control of any of the funds or other property of any employee welfare benefit plan or employee pension benefit plan, without being bonded as required by subsection (a) and it shall be unlawful for any administrator, officer, or employee of such plan, or any other person having authority to direct the performance of such functions, to permit such functions, or any of them, to be performed by any such person, with respect to whom the requirements of subsection (a) have not been met. “(c) It shall be unlawful for any person to procure any bond required by subsection (a) from any surety or other company or through76 Stat. 40 any agent or broker in whose business operations such plan or any party in interest in such plan has any significant control or financial interest, direct or indirect. “(d) Nothing in any other provision of law shall require any person, required to be bonded as provided in subsection (a) because he handles funds or other property of an employee welfare benefit plan or of an employee pension benefit plan, to be bonded insofar as the handling by such person of the funds or other property of such plan is concerned, “(e)

Regulations.

 The Secretary shall from time to time issue such regulations as may be necessary to carry out the provisions of this section. When, in the opinion of the Secretary, the administrator of a plan offers adequate evidence of the financial responsibility of the plan, or that other bonding arrangements would provide adequate protection of the beneficiaries and participants, he may exempt such plan from the requirements of this section.
“advisory council “Sec. 14.

Appointment of members.

 (a) There is hereby established an Advisory Council on Employee Welfare and Pension Benefit Plans (hereinafter referred to as the ‘Council’) which shall consist of thirteen members to be appointed in the following manner: One from the insurance field, one from the corporate trust field, two from management, four from labor, and two from other interested groups, all appointed by the Secretary from among persons recommended by organizations in the respective groups; and three representatives of the general public appointed by the Secretary. “(b) It shall be the duty of the Council to advise the Secretary with respect to the carrying out of his functions under this Act, and to submit to the Secretary recommendations with respect thereto. The Council shall meet at least twice each year and at such other times as

Report to Congress.

 the Secretary requests. At the beginning of each regular session of the Congress, the Secretary shall transmit to the Senate and House of Representatives each “recommendation which he has received from the Council during the preceding calendar year and a report covering his activities under the Act for such preceding calendar year, including full information as to the number of plans and their size, the results of any studies he may have made of such plans and the Act’s operation and such other information and data as he may deem desirable in connection with employee welfare and pension benefit plans. “(c) The Secretary shall furnish to the Council an executive secretary and such secretarial, clerical, and other services as are deemed necessary to the conduct of its business. The Secretary may call upon other agencies of the Government for statistical data, reports, and other information which will assist the Council in the performance of its duties. “(d) Appointed members of the Council shall be paid compensation at the rate of $50 per diem when engaged in the work of the Council, including travel time, and shall be allowed travel expenses and per

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

 diem in lieu of subsistence as authorized by law (5 U.S.C. 73b–2) for persons in the Government service employed intermittently and receiving compensation on a per diem, when actually employed, basis. “(e)

Conflict of interest.

 (1) Any member of the Council is hereby exempted, with respect to such appointment, from the operation of sections 281, 283,

62 Stat. 697, 793.

 and 1914 of title 18 of the United States Code, and section 190 of the Revised Statutes (5 U.S.C. 99), except as otherwise specified in paragraph (2) of this subsection. 76 Stat. 41 “(2) The exemption granted by paragraph (1) of this subsection shall not extend— “(A) to the receipt or payment of salary in connection with the appointee’s Government service from any source other than the private employer of the appointee at the time of his appointment, or “(B) during the period of such appointment, to the prosecution or participation in the prosecution, by any person so appointed, of any claim against the Government involving any matter with which such person, during such period, is or was directly connected by reason of such appointment.
“administration “Sec. 15. (a) The provisions of the Administrative Procedure Act

60 Stat. 237.

5 USC 1001 note.

Applicability.

 shall be applicable to this Act. “(b) No employee of the Department of Labor shall administer or enforce this Act with respect to any employee organization of which he is a member or employer organization in which he has an interest. “(c) No more than 260 employees shall be employed by the Department

Enforcement.

 of Labor to administer or enforce this Act for the first two years after the enactment of the Welfare and Pension Plans Disclosure Act Amendments of 1962. “(d) Not more than two million two hundred thousand dollars per

Appropriation.

 year is authorized to be appropriated for the administration and enforcement of this Act, for the first two years after the enactment of the Welfare and Pension Plans Disclosure Act Amendments of 1962.”
(b) Subsection (b) of the section renumbered as section 16 by this Act, is amended by inserting after “of this section” the following:

Ante, p. 38.

 “and section 13”. (c) The table of contents of the first section of such Act is amended

72 Stat. 997.

29 USC 301 note.

 by striking out the last three lines and inserting in lieu thereof the following: “Sec. 10. “Sec. 11. “Sec. 12. “Sec. 13. “Sec. 14. “Sec. 15. “Sec. 16. “Sec. 17. “Sec. 18.
Sec. 17. (a) Chapter 31 of title 18, United States Code, as amended,

18 USC 641–663.

 is amended by adding a new section captioned and reading as follows:
Ҥ664. Theft or embezzlement from employee benefit plan

“Any person who embezzles, steals, or unlawfully and willfully abstracts or converts to his own use or to the use of another, any of the moneys, funds, securities, premiums, credits, property, or other assets of any employee welfare benefit plan or employee pension benefit plan, or of any fund connected therewith, shall be fined not more than $10,000, or imprisoned not more than five years, or both.

“As used in this section, the term ‘any employee welfare benefit plan or employee pension benefit plan’ means any such plan subject to the provisions of the Welfare and Pension Plans Disclosure Act.”
76 Stat. 42 (b) The analysis of chapter 31, title 18, United States Code, immediately preceding section 641 thereof, is amended by adding at the end thereof the following new item: “664. (c)

18 U S C 1001–1026.

 Chapter 47 of title 18, United States Code, as amended, is amended by adding a new section captioned and reading as follows:
“§1027. False statements and concealment of facts in relation to documents required by the Welfare and Pension Plans Disclosure Act “Whoever, in any document required by the Welfare and Pension

72 Stat. 997.

29 USC 301 note.

 Plans Disclosure Act (as amended from time to time) to be published, or kept as part, of the records of any employee welfare benefit plan or employee pension benefit plan, or certified to the administrator of any such plan, makes any false, statement or representation of fact, knowing it to be false, or knowingly conceals, covers up, or fails to disclose any fact the disclosure of which is required by such Act or is necessary to verify, explain, clarify or check for accuracy and completeness any report required by such Act to be published or any information required by such Act to be certified, shall be fined not more than $10,000, or imprisoned not more than five years, or both.”
(d)

18 U S C 1001–1026.

 The analysis of chapter 47, title 18, United States Code, immediately preceding section 1001, is amended by adding at the end thereof the following new item: “1027. (e)

18 U S C 1951–1953.

 Chapter 95 of title 18, United States Code, as amended, is amended by adding a new section captioned and reading as follows:
“§1954. Offer, acceptance, or solicitation to influence operations of employee benefit plan “(a) Whoever being— “(1) an administrator, officer, trustee, custodian, counsel, agent, or employee of any employee welfare benefit plan or employee pension benefit plan; or “(2) an officer, counsel, agent, or employee of an employer or an employer any of whose employees are covered by such plan; or “(3) an officer, counsel, agent, or employee of an employee organization any of whose members are covered by such plan; or “(4) a person who, or an officer, counsel, agent, or employee of an organization which, provides benefit plan services to such plan receives or agrees to receive or solicits any fee, kickback, commission, gift, loan, money, or thing of value because of or with intent to be influenced with respect to, any of his actions, decisions, or other duties relating to any question or matter concerning such plan or any person who directly or indirectly gives or offers, or promises to give or offer, any fee, kickback, commission, gift, loan, money, or thing of value prohibited by this section, shall be fined not more than $10,000 or imprisoned not more than three years, or both: Provided, That this section shall not prohibit the payment to or acceptance by any person of bona fide salary, compensation, or other payments made for goods or facilities actually furnished or for services actually performed in the regular course of his duties as such person, administrator, officer, trustee, custodian, counsel, agent, or employee of such plan, employer, employee organization, or organization providing benefit plan services to such plan. 76 Stat. 43 “As used in this section, the term (a) ‘any employee welfare benefit plan’ or ‘employee pension benefit plan means any such p’an subject to the provisions of the Welfare and Pension Plans Disclosure Act, as

72 Stat. 997.

29 USC 301 note.

 amended, and (b) ‘employee organization’ and ‘administrator’ as defined respectively in sections 3(3) and 5(b)(1) and (2) of the Welfare and Pension Plans Disclosure Act, as amended.

29 U S C 302, 304.

 “(b) Whenever in the judgment of a United States attorney the testimony of any witness, or the production of books, papers, or other evidence by any witness, in any case or proceeding before any grand jury or court of the United States involving any violation of this section, or any conspiracy to violate such section, is necessary to the public interest, he, upon the approval of the Attorney General, shall make application to the court that the witness shall be instructed to testify or produce evidence subject to the provisions of this subsection, and upon order of the court such witness shall not be excused from testifying or from producing books, papers, or other evidence on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no such witness shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, nor shall testimony so compelled be used as evidence in any criminal proceeding (except prosecution described in the next sentence) against him in any court. No witness shall be exempt under this subsection from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this subsection.”
(f) The analysis of chapter 95, title 18, United States Code, immediately

18 U S C 1951–1953.

 preceding section 1951 thereof, is amended by adding at the end thereof the following new item: “1854.
Sec. 18. The Welfare and Pension Plans Disclosure Act is further amended by substituting the term “Secretary” for the term “Secretary of Labor” wherever the latter term appears in such Act.
Sec. 19. The amendments made by this Act shall take effect ninety

Effective date.

Ante, p. 39.

 days after the enactment of this Act, except that section 13 of the Welfare and Pension Plans Disclosure Act shall take effect one hundred eighty days after such date of enactment.
Approved March 20, 1962, 10:15 a.m.
Public Law 87–421: To amend section 17(a) of the Revised Organic Act of the Virgin Islands pertaining to the salary of the government comptroller. Public Law 421 Public Law 87–421 76 Stat. 43 1962-03-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–421
AN ACT To amend section 17(a) of the Revised Organic Act of the Virgin Islands pertaining to the salary of the government comptroller.

March 20, 1962

[H. R. 7665]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (a)

Virgin Islands.

Government comptroller, salary.

68 Stat. 504.

 of section 17 of the Revised Organic Act of the Virgin Islands, as amended (48 U.S.C., sec. 1599(a)), is amended by striking out the first sentence of said subsection and inserting in lieu thereof the following: “The Secretary of the Interior shall appoint a government comptroller who shall receive an annual salary at a rate established in accordance with the standards provided by the Classification Act of 1949, as amended.”
Approved March 20, 1962.
Public Law 87–422: To authorize and direct the Secretary of Agriculture to convey to the State of Wyoming for agricultural purposes certain real property in Sweetwater County, Wyoming. Public Law 422 Public Law 87–422 76 Stat. 44 1962-03-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 44 Public Law 87–422
AN ACT To authorize and direct the Secretary of Agriculture to convey to the State of Wyoming for agricultural purposes certain real property in Sweetwater County, Wyoming.

March 20, 1962

[H. R. 3879]

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

Sweetwater County, Wyo.

Real property conveyance.

That the Secretary of Agriculture is authorized and directed to convey by quitclaim deed to the State of Wyoming, without cost, the real property constituting the Farson Pilot Farm land and known as farm unit numbered W–18, Eden Valley project, Sweetwater County, Wyoming, more particularly described as follows:

An irregular tract of land situated in lots 1, 2, 3, and 4, and the southwest quarter, and the west half southeast quarter of section 1, and lot 1 and the east half southeast quarter or section 2, and the east half northeast quarter of section 11, and the northwest quarter of section 12, township 24 north, range 107 west of the sixth principal meridian, Wyoming, more definitely described as follows: Beginning at the quarter corner common to sections 1 and 12, township 24 north, range 107 west; South 00 degrees 03 minutes west 2,633.4 feet along the north quarter section line of section 12 to a brass cap monument, the center quarter comer of section 12, the southeast comer of farm unit W–18; South 89 degrees 41 minutes west 2,634.8 feet along the west quarter section line of section 12 to the quarter corner common to sections 11 and 12; South 89 degrees 52 minutes west 1,320.2 feet along the east quarter section line of section 11 to a brass cap monument, the east sixteenth center comer of section 11, the southwest comer of farm unit W–18; North 00 degrees 02 minutes west 450.4 feet along the east sixteenth section line of section 11 to an iron pin on the south right-of-way line of United States west side lateral wasteway; North 00 degrees 02 minutes west 132.6 feet along the east sixteenth section line of section 11 and along the west right-of-way line of United States west side lateral wasteway to a point on the north right-of-way line of United States west side lateral wasteway; North 00 degrees 02 minutes west 2,054.9 feet along the east sixteenth section line or section 11 to a brass cap monument, the east sixteenth comer common to sections 2 and 11; North 00 degrees 01 minutes west 2,255.1 feet along the east sixteenth sect ion line of section 2 to an iron pin on the centerline of county road right-of-way; North 00 degrees 01 minutes west 38.8 feet along the east sixteenth section line of section 2 to a brass cap monument on the north right-of-way line of county road; North 00 degrees 01 minutes west 338.8 feet along the east sixteenth section line of section 2 to a brass cap monument, the east sixteenth center comer of section 2; North 00 degrees 01 minutes east 944.7 feet along the east sixteenth section line of section 2 to a brass cap monument, the east sixteenth comer on the north boundary of section 2, the northwest comer of farm unit W–18; North 88 degrees 51 minutes east 158.2 feet along the north section line of section 2, township 24 north, range 107 west to the south quarter comer of section 31, township 25 north, range 106 west; North 89 degrees 51 minutes east 1,161.3 feet along the north section line of section 2, township 24 north, range 107 west to the north section comer common to sections 1 and 2, township 24 north, range 107 west; 76 Stat. 45 North 89 degrees 51 minutes east 778.6 feet along the north section line of section 1, township 24 north, range 107 west to a brass cap monument on the north right-of-way line of county road; North 89 degrees 51 minutes east 63.2 feet along the north section line of section 1, township 24 north, range 107 west to an iron pin on the centerline of county road right-of-way; North 89 degrees 51 minutes east 425.0 feet along the north section line of section 1, township 24 north, range 107 west to an iron pin on the west right-of-way line of United States sublateral W–26; North 89 degrees 51 minutes east 219.3 feet along the north section line of section 1, township 24 north, range 107 west to the south section corner common to sections 31 and 32, township 25 north, range 106 west; South 89 degrees 46 minutes east 425.5 feet along the north section line of section 1, township 24 north, range 107 west to an iron pin on the east right-of-way line of United States drain W–7; South 89 degrees 46 minutes east 716.0 feet along the north section line of section 1, township 24 north, range 107 west to the north quarter corner of section 1, township 24 north, range 107 west; South 89 degrees 46 minutes east 478.4 feet along the north section line of section 1, township 24 north, range 107 west to an iron pin on the south right-of-way line of United States west side lateral wasteway; South 89 degrees 46 minutes east 746.3 feet along the north section line of section 1. township 24 north, range 107 west to an iron pin on the west right-of-way line of United States west side lateral; South 89 degrees 46 minutes east 112.1 feet along the north section line of section 1, township 24 north, range 107 west to a brass cap monument on the east right-of-way line of United States west side lateral, the northeast comer of farm unit W–18; South 27 degrees 09 minutes west 151.6 feet along the east right-of-way line of United States west side lateral to a point on. the south right-of-way line of United States west side lateral; South 27 degrees 09 minutes west 160.8 feet to a brass cap monument; South 01 degrees 03 minutes east 3,272.6 feet to a brass cap monument on the south section line of section 1; South 89 degrees 16 minutes west 1,241.8 feet along the south section line of section 1 to the point of beginning heretofore described and containing in all 664.12 acres, more or less. Such property shall be conveyed under such conditions as in the opinion of the Secretary of Agriculture will assure the use of such property in the cooperative agricultural demonstrational work of the Department of Agriculture and the State of Wyoming The conveyance

Oil and gas reservation.

 of such property shall contain a reservation to the United States of all oil and gas in the land, together with the right to prospect for. mine and remove the same under such regulations as the Secretary or the Interior may prescribe.
Approved March 20, 1962.
76 Stat. 46 Public Law 87–423: To amend section 801 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901. Public Law 423 Public Law 87–423 76 Stat. 46 1962-03-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–423
AN ACT To amend section 801 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901.

March 22, 1962

[H. R. 5143]

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

D. C.

Murder in first and second degrees.

Punishment.

D. C. Code 22–2404.
That section 801 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901 (31 Stat. 1189, 1321), is amended to read as follows:
“Sec. 801. Punishment.—

The punishment of murder in the first degree shall be death by electrocution unless the jury by unanimous vote recommends life imprisonment; or if the jury, having determined by unanimous vote the guilt of the defendant as charged, is unable to agree as to punishment it shall inform the court and the court shall thereupon have jurisdiction to impose and shall impose either a sentence of death by electrocution or life imprisonment.

“Notwithstanding any other provision of law, a person convicted of first degree murder and upon whom a sentence of life imprisonment is imposed shall be eligible for parole only after the expiration of twenty years from the date he commences to serve his sentence.

“Whoever is guilty of murder in the second degree shall be imprisoned for life or not less than twenty years.

“Cases tried prior to the effective date of this Act and which are before the court for the purpose of sentence or resentence shall be governed by the provisions or law in effect prior to the effective date of this Act: Provided, That the judge may, in his sole discretion, consider circumstances in mitigation and in aggravation and make a determination as to whether the case in his opinion justifies a sentence of life imprisonment, in which event he shall sentence the defendant to life imprisonment. Such a sentence of life imprisonment shall be in accordance with the provisons of this Act.

“In any case tried under this Act as amended where the penalty prescribed by law upon conviction of the defendant is death except in cases otherwise provided, the jury returning a verdict of guilty may by unanimous vote fix the punishment at life imprisonment; and thereupon the court shall sentence him accordingly; but if the jury shall not thus prescribe the punishment the court shall sentence the defendant to suffer death by electrocution unless the jury by its verdict indicates that it is unable to agree upon the punishment, in which case the court shall sentence the defendant to death or life imprisonment.”
Approved March 22, 1962.
Public Law 87–424: To amend the District of Columbia Unemployment Compensation Act, as amended. Public Law 424 Public Law 87–424 76 Stat. 46 1962-03-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–424
AN ACT To amend the District of Columbia Unemployment Compensation Act, as amended.

March 30, 1962

[H. R. 5968]

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

D. C. Unemployment Compensation Act, amendment.

57 Stat. 101.
That subsection (b)(5)(G) of the first section of the District of Columbia Unemployment Compensation Act (D.C. Code, sec. 46–301 (b)(5)(G)) is amended by striking out “religious, charitable, scientific, literary, or educational purposes,” and inserting in lieu thereof “religious, or charitable purposes,”.
76 Stat. 47
Sec. 2. The first section of the District of Columbia Unemployment Compensation Act (D.C. Code, sec. 46–301) is further amended by

68 Stat. 989.

 adding at the end thereof the following: “(v) The term ‘insured work’ means employment for employers.”

“Insured work.”
Sec. 3. Section 3(c)(1) of the District of Columbia Unemployment Compensation Act (D.C. Code, sec. 46–303(c)(1)) is amended to read

57 Stat. 106.

 as follows: “(1) The Board shall maintain a separate account for each employer,

Employer contributions.

 and shall credit his account with all of the contributions paid by him after June 30, 1939, with respect to employment subsequent to May 31, 1939. Each year the Board shall credit to each of such accounts having a positive reserve on the computation date, the interest earned from the Federal Government in the following manner: Each year the ratio of the credit balance in each individual account to the total of all the credit balances in all employer accounts shall be computed as of such computation date, and an amount equal to the interest credited to the District’s account in the unemployment trust fund in the Treasury of the United States for the four most recently completed calendar quarters shall be credited prior to the next computation date on the pro rata basis to all employers’ accounts having a credit balance on the computation date. Such amount shall be prorated to the individual accounts in the same ratio that the credit balance in each individual account bears to the total of the credit, balances in all such accounts. In computing the amount to be credited to the account of an employer as a result of interest earned by funds on deposit in the unemployment trust fund in the Treasury of the United States to the account of the District, any voluntary contribution made by an employer after June 30 of any year shall not be considered a part of the account balance of the employer until the next computation date occurring after such voluntary contribution was made. Nothing in this Act shall be construed to grant any employer or individual in his service prior claims or rights to the amounts paid by him into the fund either on his own behalf or on behalf of such individuals.”
Sec. 4. Section 3(c)(8)(i) of the District of Columbia Unemployment Compensation Act (D.C. Code, sec. 46–303 (c)(8)(i)) is

68 Stat. 991.

 amended to read as follows: “(i) If as of the computation date the total of all contributions

Employer’s reserve.

 credited to any employer’s account, with respect to employment since May 31, 1939, is in excess of the total benefits paid after June 30, 1939, then chargeable or charged to his account, such excess shall be known as the employer’s reserve, and his contribution rate for the ensuing calendar year or part thereof shall be— “(A) 2.7 per centum if such reserve is less than 0.8 per centum of Iris average annual payroll; “(B) 2 per centum if such reserve equals or exceeds 0.8 per centum but is less than 1.3 per centum of his average annual payroll; “(C) 1.5 per centum if such reserve equals or exceeds 1.3 per centum out is less than 1.8 per centum of his average annual payroll; “(D) 1 per centum if such reserve equals or exceeds 1.8 per centum but is less than 2.8 per centum of his average annual payroll; “(E) 0.5 per centum if such reserve equals or exceeds 2.8 per centum but is less than 3.3 per centum of his average annual payroll; “(F) 0.1 per centum if such reserve equals or exceeds 3.3 per centum of his average annual payroll.”
76 Stat. 48
Sec. 5. Section 3(c)(8) of the District of Columbia Unemployment

60 Stat. 528.

 Compensation Act (D.C. Code, sec. 46–303(c)(8)) is further amended by adding at the end thereof the following: “(iv)

Employer’s voluntary contribution.

 Any employer, at any time, may voluntarily pay into the unemployment compensation fund an amount in excess of the contributions required to be paid under the provisions of this Act, and such amount shall be forthwith credited to his reserve account. His rate of contribution shall be computed, or recomputed, as the case may be, with such amount included in the calculation. To affect such employer’s rate of contribution for any year, such amount shall be paid not later than thirty days following the mailing of notice of his rate of contribution for such year, and not later than one hundred and twenty days after the commencement of such year. Such amount, when paid as aforesaid, shall not be refunded or used as a credit in the payment of contributions in whole or in part.”
Sec. 6. Subsections (b), (c), and (d) of section 7 of the District of Columbia Unemployment Compensation Act (D.C. Code, sec. 46–307

68 Stat. 993.

“Weekly benefit amount.”

 (b), (c), and (d)) are amended to read as follows: “(b) An individual’s ‘weekly benefit amount’ shall be an amount equal to one twenty-third (computed to the next higher multiple of $1) of his total wages for insured work paid during that quarter of his base period in which such total wages were highest, with such other following limitations. If an individual’s weekly benefit amount is less than $8, it shall be $8. The Director shall determine annually a maximum weekly benefit amount by computing 50 per centum of the average weekly wage paid to employees in insured work, and shall on or before January 1 of the calendar year in which it shall be effective announce by publication in at least one newspaper of general circulation in the District, the maximum weekly benefit amount so determined. Such computation shall be made by determining total wages reported as paid for insured work by employers in each twelve-month period ending June 30, and dividing said total wages by a figure resulting from fifty-two times the average of midmonth employment reported by employers for the. same period. For the period from the effective date or this Act to December 31, 1962, the maximum weekly benefit amount shall be determined and announced by the Director in accordance with the foregoing formula on the basis of wages and employment in the twelve-month period ending June 30, 1961. The maximum weekly benefit amount so determined and announced for a calendar year shall apply only to those claims filed in that year qualifying for maximum payment under the foregoing formula. All claims qualifying for payment at the maximum weekly benefit amount shall be paid at the maximum weekly benefit amount in effect when the benefit year to which the claim relates was first established, notwithstanding a change in said amount for a subsequent calendar year. If the maximum weekly benefit amount is not a multiple of $1, then said maximum weekly benefit amount shall be computed to the next higher multiple of $1. “(c)

Qualification standards.

 To qualify for benefits an individual must have (1) been paid wages for employment of not less than $130 in one quarter in his base period, (2) been paid wages for employment of not less than $276 in not less than two quarters in such period, and (3) received during such period wages the total amount of which is equal to at least one and one-half times the amount of his wages for the quarter in such period in which his wages were the highest. Notwithstanding the provisions of clause (3), any otherwise qualified individual, the total amount of whose wages during such period is less than the amount required to have been received during such period under such clause, may qualify for benefits if the differences between the76 Stat. 49 amounts so required to have been received and the total amount of his wages during such period does not exceed $70, but the amount of his weekly benefit, as computed under section 7(b), shall be reduced by $1 if such difference does not exceed $35 or by $2 if such difference is more than $35. Wages received by an individual in the period intervening between the end of his last base period and the beginning of his last benefit year and paid by employers who were his base period employers in such last base period shall not be available for benefit purposes in a subsequent benefit year unless he has, subsequent to the commencement of such last benefit year, received remuneration for personal services, whether or not such services were performed in employment as defined in this Act, in an amount equal to at least ten times the weekly benefit amount for which he qualifies in such last benefit year. Benefits payable to an individual with respect to a week shall be reduced, under regulations prescribed by the Board, by any amount received with respect to such week as a retirement pension or annuity under a public or private retirement plan or system provided, or contributed to, by any base period employer. An amount received with respect to a period other than a week shall be prorated by weeks. No reduction shall be made under the preceding two sentences for (A) any retirement pension or annuity received by reason of disability, or (B) any amount received under title II of the Social Security Act.

70 Stat. 817.

42 USC 401–425.

 “(d) Any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to thirty-four times his weekly benefit amount or 50 percent of the wages for employment paid to such individual by employers during his base period, whichever is the lesser. Such total amount of benefits, if not a multiple of $1, shall be computed to the next higher multiple of $1.”
Sec. 7. Subsection (f) of section 7 of the District of Columbia Unemployment Compensation Act (D.C. Code, sec. 46–307(f)) is

68 Stat. 994.

 amended by striking out “$30” and inserting in lieu thereof “the established maximum benefit amount”.
Sec. 8. Clause (b) of section 9 of the District of Columbia Unemployment Compensation Act (D.C. Code, sec. 46–309) is amended to

57 Stat. 114.

 read as follows: “(b) that he has during his base period been paid wages for employment by employers equal to those required by subsection (c) of section 7.”
Sec. 9. Subsections (d) and (e) of section 10 of the District of Columbia Unemployment Compensation Act (D.C. Code, sec. 46–310 (d) and (e)) are amended to read as follows: “(d) (1) Benefits shall not be denied to any otherwise eligible individual

Disqualification for benefits, exceptions.

 for refusing to accept new work under any of the following conditions: (A) If the position offered is vacant due directly to a strike, lockout, or other labor dispute; (B) if the wages, earnings, hours, or other conditions of the work offered are less favorable to the individual than those prevailing for similar work in the locality; (C) if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization. “(2) Compensation shall not be denied to any otherwise eligible individual for any week during which he is attending a training or retraining course with the approval of the Board, and such individual shall be deemed to be otherwise eligible for any such week despite the provisions of section 9(d) and subsection (c) of this section. “(e) If any individual otherwise eligible for benefits fails, without

Training or retraining course, eligibility condition.

 good cause as determined by the Board under regulations prescribed76 Stat. 50 by it, to attend a training or retraining course when recommended by the manager of the employment office or by the Board and such course is available at public expense, he shall not be eligible for benefits with respect to any week in which such failure occurred.”
Sec. 10.

Effective date.

 The amendments made by this Act shall take effect on the first day of the first calendar quarter which begins after the date of enactment of this Act.
Approved March 30, 1962.
Public Law 87–425: To amend the requirements for participation in the 1962 feed grain program. Public Law 425 Public Law 87–425 76 Stat. 50 1962-03-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–425
AN ACT To amend the requirements for participation in the 1962 feed grain program.

March 30, 1962

[S. 2533]

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

Agriculture.

Feed grain program, 1962.

72 Stat. 994; 75 Stat. 301.

7 USC 1441 note.
That section 105 (c)(4) of the Agricultural Act of 1949 is amended by changing the parenthetical statement in the first sentence to read as follows: “(except in the case of a producer of malting barley as hereinafter described and except in the case of a producer of barley on a summer fallow farm as hereinafter described)”, and by changing the period at the end of such section to a colon and adding the following: “Provided further, That no producer of barley on a farm where summer fallow is the normal practice shall be required to participate in the special agricultural conservation program for 1962 for barley if he (i) does not knowingly devote an acreage on the farm to barley in excess of the average acreage devoted on the farm to barley in 1959 and 1960 plus the acreage devoted to summer fallow in 1961 which is diverted from the production of wheat under the special 1962 wheat program, and (ii) does not knowingly devote an acreage on the farm to corn, grain sorghums, and barley in excess of 80 per centum of the average acreage devoted on the farm to corn, grain sorghums, and barley in 1959 and 1960.”
Sec. 2. Section 16(d)(1) of the Soil Conservation and Domestic

49 Stat. 1151; 75 Stat. 302.

16 USC 590p.

 Allotment Act is amended by changing the parenthetical statement in the second sentence to read as follows: “(other than a producer of malting barley as described in section 105(c)(4) of the Agricultural Act of 1949, or a producer of barley on a summer-fallow farm as described in such section)”, and by inserting after the second sentence a new sentence reading as follows: “The excess, if any, of the acreage devoted to barley in 1962 on a summer-fallow farm as decribed in section 105(c)(4) of the Agricultural Act of 1949 over the average acreage devoted to barley on such farm in 1959 and 1960 shall be considered as planted to corn and grain sorghums for the purpose of determining extent of participation and payments under the special agricultural conservation program for 1962 for corn and grain sorghums.”
Approved March 30, 1962.
Public Law 87–426: To provide for the free entry of an intermediate lens beta-ray spectrometer for the use of Tulane University, New Orleans, Louisiana, and to amend section 165 of the Internal Revenue Code of 1954 with respect to treatment of casualty losses in areas designated by the President as disaster areas. Public Law 426 Public Law 87–426 76 Stat. 51 1962-03-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 51 Public Law 87–426
AN ACT To provide for the free entry of an intermediate lens beta-ray spectrometer for the use of Tulane University, New Orleans, Louisiana, and to amend section 165 of the Internal Revenue Code of 1954 with respect to treatment of casualty losses in areas designated by the President as disaster areas.

March 31, 1962

[H. R. 641]

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

Beta-ray spectrometer.

Free entry.

 of the Treasury is authorized and directed to admit free of duty one intermediate lens beta-ray spectrometer imported for the use of Tulane University, New Orleans, Louisiana.
Sec. 2. (a) Section 165 of the Internal Revenue Code of 1954

Disaster losses.

Tax treatment.

68A Stat. 49.

26 USC 165.

 (relating to losses) is amended— (1) By redesignating subsection (h) as subsection (i), and (2) By inserting after subsection (g) a new subsection (h) as follows— “(h) Disaster Losses.— Notwithstanding the provisions of subsection (a), any loss “(1) attributable to a disaster which occurs during the period following the close of the taxable year and on or before the time prescribed by law for filing the income tax return for the taxable year (determined without regard to any extension of time), and “(2) occurring in an area subsequently determined by the President of the United States to warrant assistance by the Federal Government under sections 1855–1855g of title 42,

64 Stat. 1109.

 at the election of the taxpayer, may be deducted for the taxable year immediately preceding the taxable year in which the disaster occurred. Such deduction shall not be in excess of so much of the loss as would have been deductible in the taxable year in which the casualty occurred. If an election is made under this subsection, the casualty resulting in the loss will be deemed to have occurred in the taxable year for which the deduction is claimed.” (b) The amendments made by this section shall be effective with

Effective date.

 respect to any disaster occurring after December 31, 1961.
Approved March 31, 1962.
Public Law 87–427: For the relief of the city of Pasco, Washington. Public Law 427 Public Law 87–427 76 Stat. 51 1962-03-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–427
AN ACT For the relief of the city of Pasco, Washington.

March 31, 1962

[S. 1756]

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

Pasco, Wash.

Relief.

 Pasco, Washington, is hereby relieved of all liability to pay to the United States the sum of $3,000, representing the value of approximately 60,000 cubic yards of sand and gravel removed and sold by such city in connection with the development of a portion of a reservoir area (formed by the McNary Dam project) licensed to such city by the United States under the provisions of section 4 of the Act of December 22, 1944, as amended (58 Stat. 889), such city having

68 Stat. 1266.

16 USC 460d.

 utilized the total proceeds realized from the disposition of such sand and gravel for the construction of a public recreational facility.
Approved March 31, 1962.
Public Law 87–428: To provide that any Juvenile who has been determined delinquent by a district court of the United States may be committed by the court to the custody of the Attorney General for observation and study. Public Law 428 Public Law 87–428 76 Stat. 52 1962-03-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 52 Public Law 87–428
AN ACT To provide that any Juvenile who has been determined delinquent by a district court of the United States may be committed by the court to the custody of the Attorney General for observation and study.

March 31, 1962

[S. 1691]

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

Juvenile delinquents.

Commitment.

62 Stat. 8S8.
That section 5034 of title 18 of the United States Code is amended by adding immediately after the third paragraph thereof the following new paragraph:

“If the court desires more detailed information as a basis tor determining whether to place any juvenile delinquent on probation or to commit him to the custody of the Attorney General under the first paragraph of this section, the court may commit such delinquent to the custody of the Attorney General for observation and study at an appropriate classification center or agency. The Director of the Bureau of Prisons, under such regulations as the Attorney General may prescribe, shall, after the delinquent has been so committed, cause a complete study to be made of the delinquent, including a mental and physical examination, to ascertain his personal traits, his capabilities, pertinent circumstances of his social background, any previous delinquency or criminal experience, any mental or physical defect or other factor contributing to his delinquency, and any other factors which

Report.

the Director may consider pertinent. A full and complete report of the results of such study, together with any recommendations which the Director believes would be helpful to the court in making its determination, shall be furnished to the court by the Director within sixty days after the date such delinquent is ordered committed to the custody of the Attorney General under this paragraph unless the court grants additional time for further study. No delinquent shall be committed under this paragraph for a period exceeding his minority or the term which might have been imposed had he been tried and convicted of the alleged violation for which he was determined delinquent, whichever occurs first.”
Approved March 31, 1962.
Public Law 87–429: To commemorate the seventy-fifth anniversary of the Interstate Commerce Commission. Public Law 429 Public Law 87–429 76 Stat. 52 1962-04-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–429
JOINT RESOLUTION To commemorate the seventy-fifth anniversary of the Interstate Commerce Commission.

April 04, 1962

[H. J. Res. 441]

 Whereas April 5, 1962, is the seventy-fifth anniversary of the Interstate Commerce Commission; and Whereas the Interstate Commerce Commission is the oldest regulatory agency in the United States, having been established by the Act to

24 Stat. 379;

54 Stat. 899.

49 USC 27 and note.

 regulate commerce enacted on February 4, 1887; and Whereas the duties and responsibilities of the Interstate Commerce Commission have been expanded throughout the past seventy-five years so that its activities m regulating the transportation industry now affect the life of every citizen of the United States: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Interstate Commerce Commission.

Anniversary.
That the President of the United States is authorized and requested to issue a proclamation designating the 5th day of April 1962 as Interstate Commerce Commission Day, for the purpose of commemorating the seventy-fifth anniversary of the Interstate Commerce Commission.
Approved April 4, 1962.
Public Law 87–430: To provide for the reappointment of Doctor Caryl P. Haskins as Citizen Regent of the Board of Regents of the Smithsonian Institution. Public Law 430 Public Law 87–430 76 Stat. 53 1962-04-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 53 Public Law 87–430
JOINT RESOLUTION To provide for the reappointment of Doctor Caryl P. Haskins as Citizen Regent of the Board of Regents of the Smithsonian Institution.

April 4, 1962

[S. J. Res. 152]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the vacancy in the

Smithsonian Institution.

 Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, which will occur by the expiration of the term of Doctor Caryl P. Haskins, of Washington, District of Columbia, on April 6, 1962, be filled by the reappointment of the present incumbent for the statutory term of six years.
Approved April 4, 1962.
Public Law 87–431: To provide for the reappointment of Doctor Crawford H. Greenewalt as Citizen Regent of the Board of Regents of the Smithsonian Institution. Public Law 431 Public Law 87–431 76 Stat. 53 1962-04-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–431
JOINT RESOLUTION To provide for the reappointment of Doctor Crawford H. Greenewalt as Citizen Regent of the Board of Regents of the Smithsonian Institution.

April 4, 1962

[S. J. Res. 153]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the vacancy in the

Smithsonian Institution.

 Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, which will occur by the expiration of the term of Doctor Crawford H. Greenewalt, of Wilmington, Delaware, on April 6, 1962, be filled by the reappointment of the present incumbent for the statutory term of six years.
Approved April 4, 1962.
Public Law 87–432: To provide assistance to Menominee County, Wisconsin, and for other purposes. Public Law 432 Public Law 87–432 76 Stat. 53 1962-04-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–432
AN ACT To provide assistance to Menominee County, Wisconsin, and for other purposes.

April 4, 1962

[H. R. 4130]

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

Menominee

County, Wis. Assistance.

 financial assistance to Menominee County, Wisconsin, for a transitional period after April 30, 1961, the Secretary of the Interior is authorized, notwithstanding anything contained in the Menominee Indian Termination Act of June 17, 1954 (68 Stat. 250), as amended (25 U.S.C. 891–902), and the proclamation of the Secretary of the Interior pursuant thereto dated April 26, 1961 (26 Fed. Reg. 3726), to make grants either to the State of Wisconsin for distribution to the County or Town of Menominee or directly to said county or town, for contributions to joint school district costs, in not more than the following amounts: (a) during the year ending April 30, 1962, $220,000; (b) during the year ending April 30, 1963,80 per centum of the amount aforesaid; (c) during the year ending April 30, 1964, 60 per centum of the amount aforesaid; (d) during the year ending April 30, 1965, 40 per centum of the amount aforesaid; (e) during the year ending April 30, 1966,20 per centum of the amount aforesaid. 76 Stat. 54 Any grant made under this section shall be made only upon such written assurances relating to control and supervision by responsible State officials to insure that the grant is used for the purpose intended as the Secretary may require. No grant shall serve to diminish the amounts which the County or Town of Menominee is entitled to receive from the State as provided by its laws, except so far as such diminution arises from treating the grants as if they were taxes raised by said county or town for purposes of determining what amounts, if any, the State is required to pay to said county and town under its laws.
Sec. 2. The Surgeon General of the Public Health Service, Department of Health, Education, and Welfare, is authorized to construct under the Act of July 31, 1959 (73 Stat. 267, 42 U.S.C. 2004a), such sanitation facilities on the former Menominee Reservation as he finds are reasonable and justified and to expend for this purpose not more than $438,000. The authority granted by this section shall expire at the end of fiscal year 1965.
Sec. 3.

Appropriation.

 There are authorized to be appropriated such sums, not in excess of $1,098,000, as are required to carry out the provisions of this Act.
Approved April 4, 1962.
Public Law 87–433: To grant the American Numismatic Association perpetual succession. Public Law 433 Public Law 87–433 76 Stat. 54 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–433
AN ACT To grant the American Numismatic Association perpetual succession.

April 10, 1962

[H. R. 10573]

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

D. C.

American Numismatic Association.

Perpetual succession.
That (a) section 2 of the Act entitled “An Act to incorporate the American Numismatic Association”, approved May 9, 1912 (37 Stat. 108), is amended by striking out “succession of fifty years, save as hereinafter provided” and inserting in lieu thereof “perpetual succession.”. (b) Section 5 of such Act is amended by inserting immediately after “vested in a board of” the following: “not less than”.
Approved April 10, 1962.
Public Law 87–434: To designate the Kettle Creek Dam on Kettle Creek, Pennsylvania, as the Alvin R. Bush Dam. Public Law 434 Public Law 87–434 76 Stat. 54 1962-04-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–434
AN ACT To designate the Kettle Creek Dam on Kettle Creek, Pennsylvania, as the Alvin R. Bush Dam.

April 21, 1962

[H. R. 6676]

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

Alvin R. Bush Dam.

Designation.
That the dam known as the Kettle Creek Dam authorized to be constructed on Kettle Creek in the Susquehanna River Basin in the State of Pennsylvania by the

68 Stat. 1257.

 Flood Control Act of 1954 shall be known and designated hereafter as the “Alvin R. Bush Dam”. Any law, regulation, map, document, record, or other paper of the United States in which such dam is referred to shall be held to refer to such dam as the “Alvin R. Bush Dam”.
Approved April 21, 1962.
Public Law 87–435: To amend Public Law 86–272, as amended, with respect to the reporting date. Public Law 435 Public Law 87–435 76 Stat. 55 1962-04-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 55 Public Law 87–435
AN ACT To amend Public Law 86–272, as amended, with respect to the reporting date.

April 21, 1962

[H. R. 10043]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 202 of

Interstate commerce.

Taxation studies.

Reporting date, extension.

15 USC 381 note.

 Public Law 86–272 (73 Stat. 556), as amended, is amended to read as follows:
“Sec. 202. The committees shall report to their respective Houses the results of such studies, together with their proposals for legislation on or before July 1, 1963.”
Approved April 21, 1962.
Public Law 87–436: To authorize appropriations during fiscal year 1963 for aircraft, missiles, and naval vessels for the Armed Forces, and for other purposes. Public Law 436 Public Law 87–436 76 Stat. 55 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–436
AN ACT To authorize appropriations during fiscal year 1963 for aircraft, missiles, and naval vessels for the Armed Forces, and for other purposes.

April 27, 1962

[H. R. 9751]

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

Aircraft, missiles, naval, vessels.

Appropriation.

 hereby authorized to be appropriated during fiscal year 1963 for the use or the Armed Forces of the United States for procurement of aircraft, missiles, and naval vessels, as authorized by law, in amounts as follows:
aircraft For aircraft: For the Army, $218,500,000; for the Navy and the Marine Corps, $2,134,600,000; for the Air Force, $3,626,000,000, of which amount $491,000,000 is authorized only for the production planning and long leadtime procurement of an RS–70 weapon system: Provided, That effective July 1, 1962, restrictions on the fund authorization contained in Public Law 87–53, approved June 21, 1961, for

75 Stat. 94.

 the procurement of aircraft, will no longer apply. missiles For missiles: For the Army, $558,300,000; for the Navy, $930,400,000; for the Marine Corps, $22,300,000; for the Air Force, $2,500,000,000. naval vessels For naval vessels: For the Navy, $2,979,200,000.
Sec. 2. Section 412(b) of Public Law 86–149 is amended to read as

73 Stat. 322.

5 USC 171a note.

 follows: “(b) No funds may be appropriated after December 31, 1960, to or for the use of any armed force of the United States for the procurement of aircraft, missiles, or naval vessels, or after December 31, 1962, to or for the use of any armed force of the United States for the research, development, test, or evaluation of aircraft, missiles, or naval vessels, unless the appropriation of such funds has been authorized by legislation enacted after such dates.”
Approved April 27, 1962.
Public Law 87–437: Providing for the establishment of the North Carolina Tercentenary Celebration Commission to formulate and implement plans to commemorate the three hundredth anniversary of the State of North Carolina, and for other purposes. Public Law 437 Public Law 87–437 76 Stat. 56 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 56 Public Law 87–437
JOINT RESOLUTION Providing for the establishment of the North Carolina Tercentenary Celebration Commission to formulate and implement plans to commemorate the three hundredth anniversary of the State of North Carolina, and for other purposes.

April 27, 1962

[S. J. Res. 147]

 Whereas the year 1963 will mark the tercentenary of the charter by which King Charles II of England conveyed to Edward, Earl of Clarendon; George, Duke of Albemarle; William, Lord Craven; John, Lord Berkeley; Anthony, Lord Ashley; Sir George Carteret, knight and baronet; Sir William Berkeley, knight; and Sir John Colleton, knight and baronet “all that territory or tract of ground situate, lying and being within our dominions in America extending from the north end of . . . Luck Island which lies . . . within six and thirty degrees of the northern latitude, and to the west as far as the South Seas, and so southerly as far as the River Saint Matthias, which borders upon the coast of Florida and within one and thirty degrees of northern latitude, and west in a direct line as far as the South Seas aforesaid . . . to have, use, exercise and enjoy . . . as . . . true and absolute Lords and Proprietories . . . (with authority to make and) enact under their seals . . . any laws whatsoever, either pertaining to the public state of the said province or to the private utility of particular persons, according to their best discretion, of and with the advice, assent and approbation of the freemen of the said province, or the greater part of them, or of their delegates or deputies . . .;” and Whereas the foregoing event constitutes a major landmark in the early history or North Carolina and of the United States as an English Colony; and Whereas it is fitting and desirable that we commemorate the beginnings of the State of North Carolina, together with its subsequent history and future role in the family of the United States, for the benefit of all the people of our Nation; and Whereas such a commemoration, with careful planning, can be of enduring, rather than transitory, worth to our people: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

North Carolina Tercentenary Celebration Commission.

Establishment.
That (a) there is hereby established a commission to be known as the North Carolina Tercentenary Celebration Commission (hereafter referred to in this joint resolution as the “Commission”) which shall be composed of fifteen members as follows: (1)

Membership.

 Four members who shall be Members of the Senate, to be appointed by the President of the Senate; (2) Four members who shall be Members of the House of Representatives, to be appointed by the Speaker of the House of Representatives; and (3) Seven members to be appointed by the President. (b) The President shall, at the time of appointment, designate one of the members appointed by him to serve as Chairman. The members of the Commission shall receive no salary.
Sec. 2.

Functions.

 (a) The functions of the Commission shall be to develop and to execute suitable plans for the celebration of a series of anniversaries occurring during 1963, commemorating the three hundredth anniversary of the Carolina charter of 1663, together with significant events in the history of North Carolina from 1663 to 1763, both years inclusive. (b)

Carolina Charter Tercentenary Commission.

 In carrying out its functions the Commission is authorized to cooperate with and to assist the Carolina Charter Tercentenary Com-76 Stat. 57mission and any other agency created or designated by the General

Planning and promotion.

 Assembly of the State of North Carolina for the purpose of planning and promoting the Carolina charter tercentenary celebration. If the participation of other nations in the celebration is deemed advisable, the Commission may communicate to that end with the governments of such nations through the Department of State.
Sec. 3. The Commission may employ, without regard to the civil service laws or the Classification Act of 1949, as amended, such

63 Stat. 954.

5 USC 1071 note.

 employees as may be necessary in carrying out its functions. Service of an individual as a member of the Commission, on a part-time or

Conflict of interest.

 full-time basis, with or without compensation, shall not be considered as service or employment bringing such individual within the provisions of section 281, 283, 284, 434, or 1914 of title 18 of the United States Code, or section 190 of the Revised Statutes of the United States

62 Stat. 697, 698, 703, 793.

 (5 U.S.C. 991.
Sec. 4. (a) The Commission is authorized to accept donations of

Donations.

 money, property, or personal services; to cooperate with patriotic and historical societies and with institutions of learning; and to call upon other Federal departments or agencies for their advice and assistance

Assistance, etc., of Federal agencies.

 in carrying out the purposes of this joint resolution. The Commission, to such extent as it finds to be necessary, may, without regard to the laws and procedures applicable to Federal agencies, procure supplies, services, and property and make contracts, and may exercise those powers that are necessary to enable it to carry out efficiently and in the public interest the purposes of this joint resolution. (b) Expenditures of the Commission shall be paid by the executive

Expenditures and activities.

 officer of the Commission, who shall keep complete records of such expenditures and who shall account also for all funds received by the Commission. A report of the activities of the Commission, including

Report to Congress.

 an accounting of funds received and expended, shall be furnished by the Commission to the Congress within three months following the celebration as prescribed by this joint resolution. (c) Any property acquired by the Commission remaining upon termination

Surplus property and revenues, disposition.

 of the celebration may be used by the Secretary of the Interior for purposes of the national park system or may be disposed of as surplus property. The net revenues, after payment of Commission expenses, derived from Commission activities, shall be deposited in the Treasury of the United States.
Sec. 5. The Commission shall expire upon the completion of its

Expiration date.

 duties, but in no event later than April 1, 1964.
Approved April 27, 1962.
Public Law 87–438: Providing for the establishing of the former dwelling house of Alexander Hamilton as a national memorial. Public Law 438 Public Law 87–438 76 Stat. 57 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–438
JOINT RESOLUTION Providing for the establishing of the former dwelling house of Alexander Hamilton as a national memorial.

April 27, 1962

[H. J. Res. 449]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary of the

Alexander Hamilton national memorial.

Establishment.

 Interior is authorized and directed to take such action as may be necessary to provide for the establishment of the former dwelling house of Alexander Hamilton (commonly known as The Grange), situated in New York, New York, as a national memorial. However, the Secretary shall not establish the national memorial until he has satisfied himself that the lands which have been donated are sufficient76 Stat. 58 to assure the relocation of The Grange and administration and interpretation of the national memorial.
Sec. 2.

Designation as Hamilton Grange National Memorial.

 (a) The national memorial established by the Secretary of the Interior pursuant to this joint resolution shall be designated as the Hamilton Grange National Memorial and shall be set aside as a public national memorial to commemorate the historic role played by Alexander Hamilton in the establishment of this Nation. (b) The National Park Service, under the direction of the Secretary of the Interior, shall administer, protect, and develop such memorial, subject to the provisions of the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25,

39 Stat. 535.

16 USC 1–4.

 1916, as amended and supplemented, and the Act entitled “An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes”,

49 Stat. 666.

16 USC 461–467.

Appropriation.

 approved August 21, 1935, as amended.
Sec. 3. There are hereby authorized to be appropriated such sums, but not more than $460,000, as may be necessary to carry out the provisions of section 1 of this joint resolution.
Approved April 27, 1962.
Public Law 87–439: To amend subsection (e) of section 307 of the Communications Act of 1034, as amended, to permit the Commission to renew a station license in the safety and special radio services more than thirty days prior to expiration of the original license. Public Law 439 Public Law 87–439 76 Stat. 58 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–439
AN ACT To amend subsection (e) of section 307 of the Communications Act of 1034, as amended, to permit the Commission to renew a station license in the safety and special radio services more than thirty days prior to expiration of the original license.

April 27, 1962

[S. 1371]

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

Communications Act of 1934, amendment.

Licenses.
That subsection (e) of section 307 of the Communications Act of 1934, as amended (48 Stat. 1064; 47 U.S.C. 307(e)), is amended by striking out all after “(e)” and adding in lieu thereof the following:

“No renewal of an existing station license in the broadcast or the common carrier services shall be granted more than thirty days prior to the expiration of the original license.”
Approved April 27, 1962.
Public Law 87–440: To defer the collection of irrigation maintenance and operation charges for calendar year 1962 on lands within the Angostura unit, Missouri River Basin project. Public Law 440 Public Law 87–440 76 Stat. 58 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–440
AN ACT To defer the collection of irrigation maintenance and operation charges for calendar year 1962 on lands within the Angostura unit, Missouri River Basin project.

April 27, 1962

[S. 2522]

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

Missouri River Basin, Angostura unit.

Deferment of charges.
That the Secretary of the Interior is authorized and directed to defer, without interest, the collection of irrigation maintenance and operation charges due in the calendar year 1962 as shown in the March 14, 1961, notice of 1962 water charges to the Angostura Irrigation District: Provided, That the Secretary and the district enter into a contract prior to May 1, 1962, for the payment by the district of such deferred charges during the forty-year period commencing January 1, 1966.
Approved April 27, 1962.
Public Law 87–441: To provide for the annual audit of bridge commissions and authorities created by Act of Congress, for the filling of vacancies in the membership thereof, and for other purposes. Public Law 441 Public Law 87–441 76 Stat. 59 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 59 Public Law 87–441
AN ACT To provide for the annual audit of bridge commissions and authorities created by Act of Congress, for the filling of vacancies in the membership thereof, and for other purposes.

April 27, 1962

[H. R. 8921]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) each bridge

Federally created bridge commissions and authorities.

Annual audit.

 commission and authority created by Act of Congress shall provide for an annual audit of its financial transactions by an independent public accountant of recognized standing in such manner as prescribed y the Governors of the States concerned and in accordance with generally accepted auditing standards. Each such commission and authority shall make available for such purposes all books, accounts, financial records, reports, files, and all other papers, documents, or property belonging to or in use by such commission or authority. The General Accounting Office is authorized and directed to make available its advice on any matter pertaining to an audit performed pursuant to this section. (b) The commission or authority within four months following the

Audit report to Governors and Secretary of Commerce.

 close of the fiscal year for which the audit is made shall submit a copy of the audit report to the Governors of the States concerned and to the Secretary of Commerce. The report shall set forth the scope of the audit and shall include a statement of assets and liabilities, capital, and surplus or deficits; a statement of surplus or deficit analysis, a statement of income and expense; a statement of sources and application of funds; and such comments and information as may be deemed necessary to keep the Governors of the States concerned and the Secretary of Commerce informed of the operations and financial condition of the commission. (c) The Governor of either State concerned or the Secretary of Commerce is authorized to provide for the conduct of further audits of any bridge commission or authority created by Act of Congress if the audit report submitted under subsection (b) is not satisfactory to said Governor or to the Secretary of Commerce, respectively. (d) The commission or authority shall bear all expenses of the annual audit of its financial transactions as required by this section. All expenses of any additional audit required under this section shall be paid by the official or agency requesting such additional audit.
Sec. 2. (a) Each person who is a member, on the date of enactment

Members.

Terms of office.

 of this Act, of a bridge commission or authority created by Act of Congress shall continue in office until the expiration of his present term, except as provided under subsection (b) of this section. (b) (1) Except as provided in paragraph (2) of this subsection, where provision is made in the Act creating a bridge commission or authority for membership thereon without limitation as to length of term of office, the Secretary of Commerce shall, on or before the expiration of ninety days after the date of this Act, reappoint not more than one-third of the persons who are members of such bridge commission or authority on the date of enactment of this Act as members of such bridge commission or authority for a term of two years from the date of reappointment, reappoint not more than one-third of the members of such bridge commission or authority for a term of four years, and reappoint the remaining members for a term of six years. Thereafter, the term of each member appointed to such commission76 Stat. 60 or authority shall be six years, except when an appointment is made to fill an unexpired term or when an incumbent member whose term has expired holds over until his successor is appointed, and vacancies shall be filled as provided under subsection (c) of this section. (2) Notwithstanding any other provision of law, the term of office of each person who is a member of the White County Bridge Commission,

White County Bridge Commission.

 created by the Act approved April 12, 1941 (55 Stat. 140), on the date of enactment of this Act shall expire on the ninetieth day after such date of enactment. The Secretary of Commerce may thereupon appoint three persons as members of the commission, one for a term of two years, one for a term of four years, and one for a term of six years. Each person appointed as a member of the commission thereafter shall be appointed for a term of six years, except that a person appointed to fill a vacancy shall serve only for the unexpired term of his predecessor. Each person appointed under this subsection shall

Bond.

 give such bond as may be fixed by the Secretary of Commerce, conditioned upon the faithful performance of all duties required by this Act. The cost of such bonds shall be deemed an operating expense of the commission. The Secretary of Commerce shall designate the member of the commission who shall serve as chairman and the member who shall serve as vice chairman. Vacancies in the commission shall not affect its powers, and shall be filled in the same manner as the original appointments were made. The commission shall have power to establish rules and regulations for the government of its business. (c)

Vacancies.

 A vacancy in the membership of any bridge commission or authority to which this Act is applicable occurring by reason of expiration of term, failure to qualify as a member, death, removal from office, resignation, or otherwise, shall be filled by the Secretary of Commerce. Incumbent members whose terms have expired shall hold over in office until their successors are appointed and qualified. (d) Each member appointed under this Act shall qualify within thirty days after appointment by filing with the Secretary of Commerce an oath that he will faithfully perform the duties imposed upon him by law. (e) Each member appointed under this Act shall be removable for cause by the Secretary of Commerce. (f)

Exception.

 This section shall not be applicable to ex officio members or State highway department members of such bridge commissions or authorities.
Sec. 3.

Annual report to Governors and Secretary of Commerce.

 Each bridge commission and authority created by Act of Congress shall submit an annual report, covering its operations and fiscal transactions during the preceding fiscal year, its financial condition and a statement of all receipts and expenditures during such period, to the Governors of the States concerned and to the Secretary of Commerce not later than four months following the close of the fiscal year for which the audit required under section 1 of this Act is made. The Secretary of Commerce shall review such annual reports and audit reports submitted under section 1(b) of this Act and shall make recommendations to the Congress based upon such review, or take such other action as he may consider necessary, to effectuate the intent of the Congress as established by this Act or by the Act under which the individual bridge commission or authority was created.
Sec. 4.

Transfer authority.

 Authority is hereby granted to transfer all functions, powers, duties, responsibilities, authority, assets, liability, obligations, books, records, property, and equipment of any existing bridge commission76 Stat. 61 or authority created by Act of Congress to the highway department or other agency of the State or States concerned, or to joint agencies established by interstate compact or agreement. Such transfer shall be carried out in a manner as may be prescribed or authorized by the laws of the State or States concerned. Upon such transfer, such bridge commission or authority shall cease to exist.
Sec. 5. (a)

All provisions of Acts of Congress creating bridge commissions

Enforcement.

or authorities may be enforced or the violation thereof prevented by mandamus, injunction, or other appropriate remedy by the chief legal officer of either State concerned, m any court having competent jurisdiction of the subject matter and of the parties. The following provisions of law are hereby repealed:

Repeals.

Section 11 of the Act approved October 30, 1951 (65 Stat. 699); Section 15 of the Act approved July 26, 1956 (70 Stat. 676); Section 12 of the Act approved April 12, 1941 (55 Stat. 144). (b) Members and employees of bridge commissions and authorities created by Act of Congress shall not be deemed to be Federal officers and employees. (c)

The members of such bridge commissions and authorities shall

Per diem compensation.

each be entitled to a per diem compensation for their services of $20 for each day actually spent in the business of the commission or authority, but the maximum per diem compensation of the chairman in any one year shall not exceed $3,000, and of each other member in any one year shall not exceed $2,000. The members of such commissions and authorities shall also be entitled to receive traveling expense allowance of 12 cents a mile for each mile actually traveled on the business of the commission or authority.

Payments under the provisions of this subsection shall be in lieu of any other payments for salary or expenses authorized for service as a member of any such commission or authority under the provisions of any other Federal law relating to such commission or authority, but nothing in this subsection shall affect any other Federal law with respect to the funds from which any such payments shall be made.

This subsection shall not apply to any bridge or causeway commission

Exception.

or authority created by an Act of Congress, the entire membership of which is ex officio.
Sec. 6. The provisions of this Act shall apply only to the following bridge commissions and authority: (1) Arkansas-Mississippi Bridge Commission, created by the Act approved May 17, 1939 (53 Stat. 747); (2) White County Bridge Commission, created by the Act approved April 12, 1941 (55 Stat. 140); • (3) City of Clinton Bridge Commission, created by the Act approved December 21, 1944 (58 Stat. 846); (4) Sabine Lake Bridge and Causeway Authority, created by the Act approved October 30, 1951 (65 Stat. 695); and (5) Muscatine Bridge Commission, created by the Act approved July 26, 1956 (70 Stat. 669).
Sec. 7. If any provision of this Act, or the application of such provision

Separability provisions.

 to any person or circumstance, is held invalid, the remainder of the Act, or the application of such provision to persons or circumstances other than those+ as to which it is held invalid, shall not be affected thereby.
Approved April 27, 1962.
Public Law 87–442: To amend the Peace Corps Act. Public Law 442 Public Law 87–442 76 Stat. 62 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 62 Public Law 87–442
AN ACT To amend the Peace Corps Act.

April 27, 1962

[H. R. 10700]

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

Peace Corps Act. amendment.

75 Stat. 612.

22 USC 2502.
That section 3(b) of the Peace Corps Act, which authorizes appropriations to carry out the purposes of that Act, is amended by striking out “1962” and “$40,000,000” and substituting “1963” and “$63,750,000”, respectively.
Approved April 27, 1962.
Public Law 87–443: To provide for a National Portrait Gallery as a bureau of the Smithsonian Institution. Public Law 443 Public Law 87–443 76 Stat. 62 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–443
AN ACT To provide for a National Portrait Gallery as a bureau of the Smithsonian Institution.

April 27, 1962

[S. 1057]

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

National Portrait Gallery Act.
That this Act may be cited as the “National Portrait Gallery Act”.
Sec. 2. For the purposes of this Act— (a) The term “Board” means the Board of Regents of the Smithsonian Institution. (b) The term “Commission” means the National Portrait Gallery Commission as provided for in this Act. (c) The term “Gallery” means the National Portrait Gallery established by this Act. (d) The term “gift” includes a gift, bequest, or devise, whether outright or in trust, and any legal instrument by which the gift is effected. (e) The term “portraiture” for purposes of this Act shall mean painted or sculptured likenesses.
Sec. 3.

National Portrait Gallery.

Establishment.

 (a) There is hereby established in the Smithsonian Institution a bureau which shall be known as the National Portrait Gallery. The functions of such bureau shall be those authorized by this Act. The use for the purposes of the Gallery of any part of the building transferred to the Smithsonian Institution pursuant to the Act of March 28, 1958 (72 Stat. 68), is hereby authorized. (b) The Gallery shall function as a free public museum for the exhibition and study of portraiture and statuary depicting men and women who have made significant contributions to the history, development, and culture of the people of the United States and of the artists who created such portraiture and statuary.
Sec. 4.

National Portrait Gallery Commission.

Establishment.

 There is hereby created the National Portrait Gallery Commission. The number, manner of appointment and tenure of the members of the Commission shall be such as the Board may from time to time prescribe. The Board may delegate to the Commission any function of the Gallery or any function of the Board with respect to the Gallery. The Board may make rules and regulations for the conduct of the affairs of the Commission and the operation of the Gallery, and to the extent and under such limitations as the Board deems advisable, the Board may delegate to the Commission the power to make such rules and regulations.
Sec. 5.

Gifts.

 (a) The Board is authorized to accept for the Smithsonian Institution gifts of any property for the benefit of the Gallery. 76 Stat. 63 (b) Legal title to all property (except property of the United States) held for the use or benefit of the Gallery snail be vested in the Smithsonian Institution. Subject to any limitations otherwise expressly provided by law, and, in the case of any gift, subject to any applicable restrictions under the terms of such gift, the Board is authorized to sell, exchange, or otherwise dispose of any property of whatsoever nature held by it, and to invest in, reinvest in, or purchase any property of whatsoever nature for the benefit of the National Portrait Gallery.
Sec. 6. For the purpose of carrying out any function authorized by section 3 of this Act, the Board may— (1) purchase, accept, borrow, or otherwise acquire portraiture, statuary, and other items for preservation, exhibition, or study. The Board may acquire any such item on the basis of its general historical interest, its artistic merit, or the historical significance of the individual to which it relates, or any combination of any such factors. The Board may acquire period furniture and other items to enhance its displays of portraiture and statuary. (2) preserve or restore any item acquired pursuant to paragraph (1). (3) display, loan, store, or otherwise hold any such item. (4) sell, exchange, donate, return, or otherwise dispose of any such item.
Sec. 7. (a) The Board may appoint and fix the compensation and

Director.

Salary, duties.

 duties of a director of the Gallery, and his appointment and salary shall not be subject to the civil-service laws or the Classification Act of 1949, as amended. The Board may employ such other officers and

63 Stat. 954.

5 USC 1071 note.

 employees as may be necessary for the efficient administration, operation, and maintenance of the Gallery. (b) The Board may delegate to the Secretary of the Smithsonian Institution, as well as to the Commission, any of its functions pursuant to subsection (a) of this section.
Sec. 8. There are hereby authorized to be appropriated such sums

Appropriation.

 as may be necessary to carry out the purposes of this Act.
Approved April 27, 1962.
Public Law 87–444: To amend the Communications Act of 1934, as amended, by eliminating the requirement of an oath or affirmation on certain documents filed with the Federal Communications Commission. Public Law 444 Public Law 87–444 76 Stat. 63 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–444
AN ACT To amend the Communications Act of 1934, as amended, by eliminating the requirement of an oath or affirmation on certain documents filed with the Federal Communications Commission.

April 27, 1962

[S. 683]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (a)

Communications Act of 1934. amendment.

Oath requirement, elimination.

70 Stat. 931.

48 Stat. 1077.

 of section 219 of the Communications Act of 1934, as amended (47 U.S.C. 219(a)), is amended by striking out from the first sentence thereof the words “under oath”.
Sec. 2. That subsection (b) of section 219 of the Communications Act of 1934, as amended (47 U.S.C. 219(b)), is amended by striking out from the penultimate sentence thereof after the word “Act” the semicolon, adding a period thereafter and striking out the following: “and such periodical or special reports shall be under oath whenever the Commission so requires”.
Sec. 3. That subsection (b) of section 308 of the Communications Act of 1934, as amended (47 U.S.C. 308(a)), is amended by striking76 Stat. 64 out from the last sentence thereof the words “under oath or affirmation”.
Sec. 4. That subsection (a) of section 319 of the Communications Act of 1934, as amended (47 U.S.C. 319(a)), is amended by striking out from the last sentence thereof the words “under oath or affirmation”.
Approved April 27, 1962.
Public Law 87–445: To amend the Communications Act of 1934 to authorize the issuance of radio operator licenses to nationals of the United States. Public Law 445 Public Law 87–445 76 Stat. 64 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–445
AN ACT To amend the Communications Act of 1934 to authorize the issuance of radio operator licenses to nationals of the United States.

April 27, 1962

[S. 1589]

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

Communication Act of 1934, amendment.

Licenses.
That section 303(1) of the Communications Act of 1934 (48 Stat. 1082) as amended (47 U.S.C. 303(1)), is hereby amended by inserting the words “or nationals” immediately following the word “citizens”.
Approved April 27, 1962.
Public Law 87–446: To amend the Agricultural Adjustment Act of 1938, as amended. Public Law 446 Public Law 87–446 76 Stat. 64 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–446
AN ACT To amend the Agricultural Adjustment Act of 1938, as amended.

April 27, 1962

[H. R. 11027]

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

Cotton.

72 Stat. 186; 75 Stat. 84.

7 USC 1344.
That section 344(n) of the Agricultural Adjustment Act of 1938, as amended, is amended (1) by striking out the figures “1961” where they first appear therein and inserting the figures “1962”.
Approved April 27, 1962.
Public Law 87–447: To amend the Communications Act of 1934 to establish a program of Federal matching grants for the construction of television broadcasting facilities to be used for educational purposes. Public Law 447 Public Law 87–447 76 Stat. 64 1962-05-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–447
AN ACT To amend the Communications Act of 1934 to establish a program of Federal matching grants for the construction of television broadcasting facilities to be used for educational purposes.

May 1, 1962

[S. 205]

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

Communications Act of 1934, amendment.

48 Stat. 1081.

47 USC 301–386.
That title III of the Communications Act of 1934 is amended by adding at the end thereof the following new part: “Part IV— Grants for Educational Television Broadcasting Facilities
“declaration of purpose “Sec. 390. The purpose of this part is to assist (through matching grants) in the construction of educational television broadcasting facilities.
76 Stat. 65
“authorization of .appropriations “Sec. 391. There are authorized to be appropriated for the fiscal year ending June 30, 1963, and each of the four succeeding fiscal years such sums, not exceeding $32,000,000 in the aggregate, as may be necessary to carry out the purposes of section 390. Sums appropriated pursuant to this section snail remain available for payment of grants for projects for which applications, approved under section 392, have been submitted under such section prior to July 1, 1968.
“grants for construction “Sec. 392. (a) For each project for the construction of educational television broadcasting facilities there shall be submitted to the Secretary an application for a grant containing such information with respect to such project as the Secretary may by regulation require, including the total cost of such project and the amount of the Federal grant requested for such project, and providing assurance satisfactory to the Secretary— “(1) that the applicant is (A) an agency or officer responsible for the supervision of public elementary or secondary education or public higher education within that State, or within a political subdivision thereof, (B) the State educational television agency, (C) a college or university deriving its support in whole or in part from tax revenues, or (D) a nonprofit foundation, corporation, or association which is organized primarily to engage in or encourage educational television broadcasting and is eligible to receive a license from the Federal Communications Commission for a noncommercial educational television broadcasting station pursuant to the rules and regulations of the Commission in effect on April 12, 1962; “(2) that the operation of such educational television broadcasting facilities will be under the control of the applicant or a person qualified under paragraph (1) to be such an applicant; “(3) that necessary funds to construct, operate, and maintain such educational television broadcasting facilities will be available when needed; and “(4) that such television broadcasting facilities will be used only for educational purposes. “(b) The total amount of grants under this part for the construction of educational television broadcasting facilities to be situated in any State shall not exceed $1,000,000. “(c) In order to assure proper coordination of construction of educational television broadcasting facilities within each State which has established a State educational television agency, each applicant for a grant under this section for a project for construction of such facilities in such State; other than such agency, shall notify such agency of each application for such a grant which is submitted by it to the Secretary, and the Secretary shall advise such agency with respect to the disposition of each such application. “(d) The Secretary shall base his determinations of whether to approve applications for grants under this section and the amount of such grants on criteria set forth in regulations and designed to achieve (1) prompt and effective use of all educational television channels remaining available, (2) equitable geographical distribution of educational television broadcasting facilities throughout the States, and76 Stat. 66 (3) provision of educational television broadcasting facilities which will serve the greatest number of persons and serve them in as many areas as possible, and which are adaptable to the broadest educational uses. “(e) Upon approving any application under this section with respect to any project, the Secretary shall make a grant to the applicant in the amount determined by him, but not exceeding (1) 50 per centum of the amount which he determines to be the reasonable and necessary cost of such project, plus (2) 25 per centum of the amount which he determines to be the reasonable and necessary cost of any educational television broadcasting facilities owned by the applicant on the date on which it files such application; except that (À) the total amount of any grant made under this section with respect to any project may not exceed 75 per centum of the amount determined by the Secretary to be the reasonable and necessary cost of such project; and (B) not more than 15 per centum of any such grant may be used for the acquisition and installation of microwave equipment, boosters, translators, and repeaters which are to be used to connect two or more broadcasting stations. The Secretary shall pay such amount, in advance or by way of reimbursement, and in such installments consistent with construction progress, as he may determine. “(f) If, within ten years after completion of any project for construction of educational television broadcasting facilities with respect to which a grant has been made under this section— “(1) the applicant or other owner of such facilities ceases to be an agency, officer, institution, foundation, corporation, or association described in subsection (a)(1), or “(2) such facilities cease to be used for educational television purposes (unless the Secretary determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation so to do), the United States shall be entitled to recover from the applicant or other owner of such facilities the amount bearing the same ratio to the then value (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facilities are situated) of such facilities, as the amount of the Federal participation bore to the cost of construction of such facilities.
“records “Sec. 393. (a) Each recipient of assistance under this part shall keep such records as may be reasonably necessary to enable the Secretary to carry out his functions under this part, including records which fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. “(b) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance received under this part.
76 Stat. 67
“definitions “Sec. 394. For the purposes of this part— “(1) The term ‘State’ includes the District of Columbia and the Commonwealth of Puerto Rico. “(2) The term ‘construction’, as applied to educational television broadcasting facilities, means the acquisition and installation of transmission apparatus (including towers, microwave equipment, boosters, translators, repeaters, mobile equipment, and video-recording equipment) necessary for television broadcasting, including apparatus which may incidentally be used for transmitting closed circuit television programs, but does not include the construction or repair of structures to house such apparatus. “(3) The term ‘Secretary’ means the Secretary of Health, Education, and Welfare. “(4) The term ‘State educational television agency’ means (A) a board or commission established by State law for the purpose of promoting educational television within a State, (B) a board or commission appointed by the Governor of a State for such purpose if such appointment is not inconsistent with State law, or (C) a State officer or agency responsible for the supervision of public elementary or secondary education or public higher education within the State which has been designated by the Governor to assume responsibility for the promotion of educational television; and, in the case of the District of Columbia, the term ‘Governor’ means the Board of Commissioners of the District of Columbia. “(5) The term ‘nonprofit’ as applied to any foundation, corporation, or association, means a foundation, corporation, or association, no part of the net earnings of which inures, or may lawfully inure, t o the benefit of any private shareholder or individual.
“provision of assistance by federal communications commission “Sec. 395. The Federal Communications Commission is authorized to provide such assistance in carrying out the provisions of this part as may be requested by the Secretary. The Secretary shall provide for consultation and close cooperation with the Federal Communications Commission in the administration of his functions under this part which are of interest to or affect the functions of the Commission.
“rules and regulations “Sec. 396. The Secretary is authorized to make such rules and regulations as may be necessary to carry out this part, including regulations relating to the order of priority in approving applications for projects under section 392 or to determining the amounts of grants for such projects.
“federal interference or control prohibited “Sec. 397. Nothing contained in this part shall be deemed (1) to amend any other provision of, or requirement under this Act; or (2) to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over educational television broadcasting or over the curriculum, program of instruction, or personnel of any educational institution, school system, or educational broadcasting station or system.”
Approved May 1, 1962, 12:05 p. m.
Public Law 87–448: To authorize the imposition of forfeitures for certain violations of the rules and regulations of the Federal Communications Commission in the common carrier and safety and special fields. Public Law 448 Public Law 87–448 76 Stat. 68 1962-05-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 68 Public Law 87–448
AN ACT To authorize the imposition of forfeitures for certain violations of the rules and regulations of the Federal Communications Commission in the common carrier and safety and special fields.

May 11, 1962

[S. 1668]

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

Communications Act of 1934, amendment.

Forfeitures.

48 Stat. 1100.

47 USC 501–509.
That title V of the Communications Act of 1934 is amended by adding at the end thereof a new section as follows:
“forfeiture in cases of violations of certain rules and regulations “Sec. 510. (a) Where any radio station other than licensed radio stations in the broadcast service or stations governed by the provisions

50 Stat. 192;

70 Stat. 1048;

68 Stat. 729.

47 USC 351–362, 381–386, 507.

 of parts II and III of title III and section 507 of this Act— “(1) is operated by any person not holding a valid radio operator license or permit of the class prescribed in the rules and regulations of the Commission for the operation of such station; “(2) fails to identify itself at the times and in the manner prescribed in the rules and regulations of the Commission; “(3) transmits any false call contrary to regulations of the Commission; “(4) is operated on a frequency not authorized by the Commission for use by such station; “(5) transmits unauthorized communications on any frequency designated as a distress or calling frequency in the rules and regulations of the Commission; “(6) interferes with any distress call or distress communication contrary to the regulations of the Commission; “(7) fails to attenuate spurious emissions to the extent required by the rules and regulations of the Commission; “(8) is operated with power in excess of that authorized by the Commission; “(9) renders a communication service not authorized by the Commission for the particular station; “(10) is operated with a type of emission not authorized by the Commission; “(11) is operated with transmitting equipment other than that authorized by the Commission; or “(12) fails to respond to official communications from the Commission; the licensee of the station shall, in addition to any other penalty prescribed by law, forfeit to the United States a sum not to exceed $100. In the case of a violation of clause (2), (3), (5), or (6) of this subsection, the person operating such station shall, in addition to any other penalty prescribed by law, forfeit to the United States a sum not to exceed $100. The violation of the provisions of each numbered clause of this subsection shall constitute a separate offense: Provided, That $100 shall be the maximum amount of forfeiture liability for which the licensee or person operating such station shall be liable under this section for the violation of the provisions of any one of the numbered clauses of this subsection, irrespective of the number of violations thereof, occurring within ninety days prior to the date the notice of apparent liability is issued or sent as provided in subsection (c) of this section: And provided further, That $500 shall be the maximum amount of forfeiture liability for which the licensee or person operating such station shall be liable under this section for all violations of the provisions of this section, irrespective of the total number thereof, occurring within ninety days prior to the date such notice of76 Stat. 69 apparent liability is issued or sent as provided in subsection (c) of this section. “(b) The forfeiture liability provided for in this section shall attach only for a willful or repeated violation of the provisions of this section by any licensee or person operating a station. “(c) No forfeiture liability under this section shall attach after the lapse of ninety days from the date of the violation unless within such time a written notice of apparent liability, setting forth the facts which indicate apparent liability, shall have been issued by the Commission and received by such person, or the Commission has sent him such notice by registered mail or by certified mail at his last known address. The person so notified of apparent liability shall have the opportunity to show cause in writing why he should not be held liable and, upon his request, he shall be afforded an opportunity for a personal interview with an official of the Commission at the field office of the Commission nearest to the person’s place of residence.”
Sec. 2. Section 504(b) of the Communications Act of 1934 (47 U.S.C. 504(b)) is amended by striking out “sections 503(b) and 507”

50 Stat. 197.

 and inserting in lieu thereof “section 503(b), section 507, and section 510”.
Sec. 3. The amendments made by this Act shall take effect on the

Effective date.

 thirtieth day after the date of its enactment.
Approved May 11, 1962.
Public Law 87–449: Authorizing the President to proclaim the week in May of each year in which falls the third Friday of that month as National Transportation Week. Public Law 449 Public Law 87–449 76 Stat. 69 1962-05-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–449
JOINT RESOLUTION Authorizing the President to proclaim the week in May of each year in which falls the third Friday of that month as National Transportation Week.

May 14, 1962

[H. J. Res. 628]

 Resolved by the Senate and House of Representatives of the United. States of America in Congress assembled,
That the President of the

National Transportation Week.

Proclamation authorization.

 United States is requested and authorized to officially proclaim annually the week in May of each year in which falls the third Friday of that month as National Transportation Week, and to issue a proclamation inviting the people of the United States to observe such period with appropriate ceremonies and activities, as a tribute to the men and women who, night and day, move goods and people throughout our land.
Approved May 14, 1962.
Public Law 87–450: To defer the proclamation of marketing quotas and acreage allotments for the 1968 crop of wheat. Public Law 450 Public Law 87–450 76 Stat. 69 1962-05-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–450
JOINT RESOLUTION To defer the proclamation of marketing quotas and acreage allotments for the 1968 crop of wheat.

May 15, 1962

[S. J. Res. 185]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That, notwithstanding any

Wheat.

Post, p. 103.

 other provision of law, the Secretary of Agriculture may defer until June 15, 1962, any proclamation under section 332 of the Agricultural Adjustment Act of 1938, as amended, with respect to a national acreage

68 Stat. 903.

7 USC 1332.

 allotment for the 1963 crop of wheat and any proclamation under section 335 of such Act for such crop of wheat.

52 Stat. 54.

7 USC 1335.
Approved May 15, 1962.
Public Law 87–451: To amend the Agricultural Act of 1961 to permit the planting of additional nonsurplus crops on diverted acreage. Public Law 451 Public Law 87–451 76 Stat. 70 1962-05-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 70 Public Law 87–451
AN ACT To amend the Agricultural Act of 1961 to permit the planting of additional nonsurplus crops on diverted acreage.

May 15, 1962

[H. R. 11413]

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

Agricultural Act of 1961, amendment.

Diverted acreage, use.

75 Stat. 298.

7 USC 1334 note.
That section 124(a)(2) of the Agricultural Act of 1961 is amended by changing the proviso to read as follows: “Provided, That the Secretary may permit such diverted acreage to be devoted to the production of guar, sesame, safflower, sunflower, castor beans, other annual field crops for which price support is not made available, and flax, when such crops are not in surplus supply and will not be in surplus supply if permitted to be grown on the diverted acreage, subject to the provisions of subsection (b)(4) of this section”.
Sec. 2. Section 124(b)(1) of the Agricultural Act of 1961 is amended by striking out “or sesame.” and inserting: “sesame, other annual field crops for which price support is not made available, or flax, payment for which shall be computed in accordance with subsection (b)(4) of this section.”
Sec. 3. Section 124(b) of the Agricultural Act of 1961 is amended by adding the following new subsection: “(4) Payment with respect to diverted acreage devoted to castor beans, guar, safflower, sunflower, sesame, other annual field crops for which price support is not made available, or flax, in accordance with the proviso of subsection (a)(2) of this section, shall be at a rate determined by the Secretary to be fair and reasonable taking into consideration the use of such acreage for the production of such crops: Provided, That in no event shall the payment exceed one-half the rate which would otherwise be applicable if such acreage were devoted to conservation uses and no price support shall be made available for the production of any such crop on such diverted acreage.”
Sec. 4. Section 16(d)(1) of the Soil Conservation and Domestic

75 Stat. 302.

16 USC 590p.

 Allotment Act, as amended, is further amended by changing the proviso in the first sentence to read as follows: “Provided, That the Secretary may permit such diverted acreage to be devoted to the production of guar, sesame, safflower, sunflower, castor beans, other annual field crops for which price support is not made available, and flax, when such crops are not in surplus supply and will not be in surplus supply if permitted to be grown on the diverted acreage, subject to the condition that payment with respect to diverted acreage devoted to any such crop shall be at a rate determined by the Secretary to be fair and reasonable, taking into consideration the use of such acreage for the production of such crops, but in no event shall the payment exceed one-half the rate which would otherwise be applicable if such acreage were devoted to conservation uses and no price support shall be made available for the production of any such crop on such diverted acreage”.
Approved May 15, 1962.
Public Law 87–452: To amend the Act granting the consent of Congress to the States of Montana, North Dakota, South Dakota, and Wyoming to negotiate and enter into a compact relating to the waters of the Little Missouri River in order to extend the expiration date of such Act. Public Law 452 Public Law 87–452 76 Stat. 71 1962-05-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 71 Public Law 87–452
AN ACT To amend the Act granting the consent of Congress to the States of Montana, North Dakota, South Dakota, and Wyoming to negotiate and enter into a compact relating to the waters of the Little Missouri River in order to extend the expiration date of such Act.

May 15, 1962

[S. 1139]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 3 of the

Little Missouri River.

Interstate compact negotiations. extension.

 Act entitled “An Act granting the consent of Congress to the States of Montana, North Dakota, South Dakota, and Wyoming to negotiate and enter into a compact relating to their interest in, and the apportionment of, the waters of the Little Missouri River and its tributaries as they affect such States, and for related purposes”, approved August 28, 1957 (71 Stat. 466), is amended by striking out “four years” and inserting in lieu thereof “eight years”.
Approved May 15, 1962.
Public Law 87–453: To prescribe names for the several House of Representatives office buildings. Public Law 453 Public Law 87–453 76 Stat. 71 1962-05-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–453
JOINT RESOLUTION To prescribe names for the several House of Representatives office buildings.

May 21, 1962

[H. J. Res. 711]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That—

House of Representatives office buildings.

Designations.

 (1) the House of Representatives office building constructed under authority of the Act of March 3, 1903 (32 Stat. 1083, 1113), at a time when the Honorable Joseph Gurney Cannon of Illinois was serving as Speaker of the House of Representatives, is hereby designated, and shall be known, as the “Cannon House Office Building”; and (2) the House of Representatives office building constructed under the authority of the Act of January 10, 1929 (45 Stat. 1071), at a time when the Honorable Nicholas Longworth of Ohio was serving as Speaker of the House of Representatives, is hereby designated, and shall be known, as the “Longworth House Office Building”; and (3) the House of Representatives office building being constructed under the authority of the Additional House Office Building Act of 1955 (69 Stat. 41), the construction of which was

40 USC 175 note.

 begun while the Honorable Sam Rayburn of Texas was serving as Speaker of the House of Representatives, is hereby designated, and shall be known, as the “Rayburn House Office Building”.
Sec. 2. Any law, rule, regulation, document, or record of the United States in which reference is made to any building to which the first section of this Joint Resolution applies shall be held to refer to such building under and by the name prescribed for such building by such section.
Approved May 21, 1962.
Public Law 87–454: To amend the Natural Gas Act to give the Federal Power Commission authority to suspend changes in rate schedules covering sales for resale for Industrial use only. Public Law 454 Public Law 87–454 76 Stat. 72 1962-05-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 72 Public Law 87–454
AN ACT To amend the Natural Gas Act to give the Federal Power Commission authority to suspend changes in rate schedules covering sales for resale for Industrial use only.

May 21, 1962

[S. 1595]

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

Federal Power Commission.

Authority, extension.

52 Stat. 823.
That (a) the first sentence of subsection (e) of section 4 of the Natural Gas Act, as amended (15 U.S.C. 717c(e)), is amended by changing the words “or State commission” to read “State commission, or gas distributing company”. (b) Such subsection (e) is further amended by striking out “: Provided, That the Commission shall not have authority to suspend the rate, charge, classification, or service for the sale of natural gas for resale for industrial use only”.
Approved May 21, 1962.
Public Law 87–455: To provide for the free entry of certain steel and steel products donated for an addition to the Chippewa County War Memorial Hospital, Sault Sainte Marie, Michigan, and to provide for the free entry of records, diagrams, and other data with regard to business, engineering, or exploration operations conducted outside the United States. Public Law 455 Public Law 87–455 76 Stat. 72 1962-05-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–455
AN ACT To provide for the free entry of certain steel and steel products donated for an addition to the Chippewa County War Memorial Hospital, Sault Sainte Marie, Michigan, and to provide for the free entry of records, diagrams, and other data with regard to business, engineering, or exploration operations conducted outside the United States.

May 21, 1962

[H. R. 9778]

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

Duty-free entry.

Certain steel and steel products.
That the Secretary of the Treasury is authorized and directed to admit free of duty any steel and any steel products donated by the Algoma Steel Corporation Limited, Sault Sainte Marie, Canada, and imported for use in the construction of an addition to the Chippewa County War Memorial Hospital, Sault Sainte Marie, Michigan.
Sec. 2.

Records, diagrams, etc.

46 Stat. 672.

 Section 201 of the Tariff Act of 1930, as amended (19 U.S.C. 1201), is amended by adding at the end thereof the following new paragraph: “Par. 1827. Records, diagrams, and other data with regard to any business, engineering, or exploration operation conducted outside the United States, whether on paper, cards, photographs, blueprints, tapes, or other media.”
Approved May 21, 1962.
Public Law 87–456: To amend the Tariff Act of 1930 and certain related laws to provide for the restatement of the tariff classification provisions, and for other purposes. Public Law 456 Public Law 87–456 76 Stat. 72 1962-05-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–456
AN ACT To amend the Tariff Act of 1930 and certain related laws to provide for the restatement of the tariff classification provisions, and for other purposes.

May 24, 1962

[H. R. 10607]

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

Tariff Classification Act of 1962.
That this Act may be cited as the “Tariff Classification Act of 1962”.
<num value="I">TITLE I—</num> <heading class="inline">ADOPTION OF REVISED TARIFF SCHEDULES</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Tariff Act of 1930, as amended, is amended by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/46/590/672">46 Stat. 590, 672</ref>.</p></sidenote> striking out titles I and II (19 U.S.C. 1001 and 1201) and, subject to subsection (b) of this section and to sections 102 and 103 of this Act,<page identifier="/us/stat/76/73">76 <inline class="smallCaps">Stat</inline>. 73</page> by substituting in lieu thereof a new title I entitled “<quotedText>Title I—Tariff Schedules of the United States</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Such new title I (hereinafter in this Act referred to as the “Tariff Schedules of the United States”) shall consist of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the general headnotes and rules of interpretation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>schedules 1 to 8, inclusive; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content> <p class="inline">the appendix to the tariff schedules;</p> <p class="indent0 firstIndent0 fontsize10">all as set forth in the report of the United States Tariff Commission (hereinafter in this Act referred to as the “Commission”) entitled “Tariff Classification Study, Proposed Revised Tariff Schedules of the United States”, dated November 15, 1960, as changed by the “First Supplemental Report” (January, 1962); and</p> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau>subject to subsection (c), such changes in the provisions identified in paragraphs (1), (2), and (3) of this subsection as the Commission deciaes—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>are necessary to reflect changes in tariff treatment made by statute or under authority of law, arising either before the date of the enactment of this Act or on or after such date of enactment and before the date on which the Tariff Schedules of the United States is published pursuant to subsection (d), or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>are otherwise necessary.</content> </subparagraph> <continuation class="indent1 firstIndent0 fontsize10">In its determinations under this paragraph, the Commission shall apply the standards it applied in its report of November 15, 1960, referred to above.</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Commission shall include the changes provided for in subsection (b)(4), together with the reasons therefor, in one or more supplemental reports which shall be promptly published and submitted<sidenote><p class="firstIndent1 fontsize8">Supplemental reports to President and Congress.</p></sidenote> to the President and the Congress. The delivery to the Senate and to the House of Representatives shall be made on the same day. In its supplemental reports the Commission shall include written views submitted to the Commission, and testimony before the Commission, with respect to provisions of the proposed Tariff Schedules of the United States, together with the comments of the Commission on such views and testimony.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>No change submitted pursuant to the authority contained in subsection (b)(4)(B) shall become effective unless, following the date on which the supplemental report containing such change was submitted to the Congress and before the date on which the Tariff Schedules of the United States is published pursuant to subsection (d), a period of 60 calendar days of continuous session of the Congress has elapsed.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau>For purposes of subparagraph (A)—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>continuity of session shall be considered as broken only by an adjournment of the Congress sine die; but</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>in the computation of the 60-day period there shall be excluded the days on which either House is not in session because of an adjournment of more than 3 days to a day certain.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>No changes included by the Commission in any supplemental report submitted after the date of the enactment of this Act shall become effective unless included in the Tariff Schedules of the United States as published pursuant to subsection (d).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="D">(d) </num> <content>At the earliest practicable date before the date of the proclamation of the President provided for by section 102, the President shall cause the Tariff Schedules of the United States to be published.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <chapeau>At the earliest practicable date, the President shall take<sidenote><p class="firstIndent1 fontsize8">Presidential proclamation.</p></sidenote> such action as he deems necessary to bring the United States schedules annexed to foreign trade agreements into conformity with the Tariff<page identifier="/us/stat/76/74">76 <inline class="smallCaps">Stat</inline>. 74</page> Schedules of the United States and, after such action is completed, the President shall proclaim—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the rates of duty in rate column numbered 1 of schedules 1 to 7, inclusive, and the other provisions of the Tariff Schedules of the United States, which are required or appropriate to carry out the foreign trade agreements to which the United States is a contracting party;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the temporary modifications set forth in part 2 of the appendix to the tariff schedules (that is, those modifications proclaimed pursuant to the provisions of section 7 of the Trade<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/74">62 Stat. 74</ref>.</p></sidenote> Agreements Extension Act of 1951, as amended (19 U.S.C. 1364), and of other trade-agreements legislation);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the additional import restrictions set forth in part 3 of the appendix to the tariff schedules (that is, those restrictions-proclaimed pursuant to section 22 or the Agricultural Adjustment Act, as amended (7 U.S.C. 624)); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/1248">62 Stat. 1248</ref>.</p></sidenote> <content>the nations or areas and countries set forth in general headnote 3(d) of the Tariff Schedules of the United States (relating to the treatment of products of certain Communist-dominated nations or areas and countries discriminating against American commerce).</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <chapeau class="inline">The provisions of the Tariff Schedules of the United States as made effective on the date provided by section 501 shall have the status of statutory provisions duly enacted by the Congress, except for—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the rates of duty in rate column numbered 1 of the tariff schedules proclaimed pursuant to paragraph (1) of section 102 which are lower than the rates of duty in rate column numbered 2 of such schedules for the corresponding items; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the provisions proclaimed by the President pursuant to paragraphs (2), (3), and (4) of section 102.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <chapeau class="inline">During the period between the date of the enactment of this Act and the effective date of the Tariff Schedules of the United States—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>all public notices which refer to articles in terms of their tariff descriptions and which are issued in connection with investigations by the Commission or other agency, and all findings or recommendations made during such period by any such agency with respect thereto (including findings or recommendations in connection with investigations instituted before the date of the enactment of this Act), shall make reference to the prospectively applicable provisions of such schedules, as determined by the Commission, as well as to the existing provisions; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the Commission shall furnish to the President, upon request, any of its outstanding findings restated so as to conform to the Tariff Schedules of the United States to the fullest extent practicable consistent with the purposes of title I of the Customs<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1136">68 Stat. 1136</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1332">19 USC 1332 note</ref>.</p></sidenote> Simplification Act of 1954.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Any such findings or recommendations with respect to the Tariff Schedules of the United States shall be treated as formal findings or recommendations of the agency involved.</continuation> </section> <num value="II">TITLE II—</num> <heading class="inline">ADMINISTRATIVE AND SAVING PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">The Commission is authorized to issue, at appropriate intervals, and to keep up to date, a publication containing current tariff schedules and related matters, including such matter as may be needed for reporting statistics.</content> </section> <page identifier="/us/stat/76/75">76 <inline class="smallCaps">Stat</inline>. 75</page> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <content>This Act shall not divest the courts of their jurisdiction over a protest filed under section 514 of the Tariff Act of 1930, as<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/46/734">46 Stat. 734</ref>.</p></sidenote> amended (19 U.S.C. 1514), or by an American manufacturer, producer, or wholesaler under section 516(b) of such Act (19 U.S.C. 1516(b)),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1084">52 Stat. 1084</ref>.</p></sidenote> against a liquidation covering articles entered, or withdrawn from warehouse, for consumption before the effective date of the Tariff Schedules of the United States.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>If such a protest filed under section 516(b) is sustained in whole or in part by a decision of the United States Customs Court or of the United States Court of Customs and Patent Appeals, the liquidations covering articles of the character covered by such court decision, which are entered, or withdrawn from warehouse, for consumption after the date of publication of such court decision, shall be suspended until final disposition is made in accordance with subsection (c).</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>If such a protest filed under section 516(b) is not sustained in whole or in part by a final judicial decision, the entries made before the effective date of the Tariff Schedules of the United States shall be liquidated in accordance with such final decision, and all other entries shall be liquidated subject to such schedules. If such a protest is sustained in whole or in part by a final judicial decision, the entries made before the effective date of the Tariff Schedules of the United States shall be liquidated in accordance with such final decision, and the Commission shall report to the President such changes in the<sidenote><p class="firstIndent1 fontsize8">Report to President.</p></sidenote> Tariff Schedules of the United States as the Commission decides are necessary to conform them to the fullest practicable extent to the substance of such final decision. The President shall, as soon as practicable, proclaim such changes. The changes shall be effective with respect to entries, the liquidation of which was suspended in accordance with subsection (b), covering articles entered, or withdrawn from warehouse, for consumption on or after the effective date of the Tariff Schedules of the United States.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <chapeau class="inline">For purposes of applying section 350 of the Tariff Act of 1930, as amended, with respect to the Tariff Schedules of the United<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t48/s943">48 Stat. 943</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1351">19 USC 1351</ref>.</p></sidenote> States—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The rates of duty in rate column numbered 2 of schedules 1 to 7, inclusive, of the Tariff Schedules of the United States, shall be treated as the rates of duty existing on July 1, 1934.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The rates of duty in rate column numbered 1 of schedules 1 to 7, inclusive, of the Tariff Schedules of the United States shall be treated as the rates of duty existing on July 1, 1958; except that with respect to any articles the rates for which have been permanently changed by statute or Presidential proclamation since July 1, 1958, the rates to be regarded as existing on that date shaft be rates which the Commission specifically declares, in the supplemental reports made pursuant to section 101(c) of this Act, to be rates which, in its judgment, conform to the fullest extent practicable to the rates presently regarded as existing on July 1, 1958.</content> </paragraph> </section> <num value="III">TITLE III—</num> <heading class="inline">AMENDMENTS AND REPEALS</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Sections 301, 308, 489, 504, and 508 of the Tariff Act<sidenote><p class="firstIndent1 fontsize8">Repeals.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1139">68 Stat. 1139</ref>; <ref href="/us/stat/46/690/725/732">46 Stat. 690, 725, 732</ref>; <ref href="/us/stat/67/518">67 Stat. 518</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t46/692">46 Stat. 692</ref>.</p></sidenote> of 1930, as amended, are hereby repealed.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 312 of the Tariff Act of 1930, as amended (19 U.S.C. 1312), is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="312">“SEC. 312. </num> <heading>BONDED SMELTING AND REFINING WAREHOUSES.</heading> <subsection class="inline"> <num value="a">“(a) </num> <content>Any plant engaged in smelting or refining, or both, of metal-bearing materials as defined in this section may, upon the giving of<page identifier="/us/stat/76/76">76 <inline class="smallCaps">Stat</inline>. 76</page> satisfactory bond, be designated a bonded smelting or refining warehouse. Metal-bearing materials may be entered into a bonded smelting or refining warehouse without the payment of duties thereon and there smelted or refined, or both, together with metal-bearing materials of domestic or foreign origin. Upon arrival of imported metal-bearing materials at the warehouse they shall be sampled according to commercial methods and assayed, both under customs supervision. The bond shall be charged with a sum equal in amount to the duties which would be payable on such metal-bearing materials in their condition as imported if entered for consumption, and the bond charge shall be adjusted to reflect changes in the applicable rate of duty occurring while the imported materials are still covered by the bond.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <chapeau>The several charges against such bond may be canceled in whole or in part—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>upon the exportation from the bonded warehouses which treated the metal-bearing materials, or from any other bonded smelting or refining warehouse, of a quantity of the same kind of metal contained in any product of smelting or refining of metal-bearing materials equal to the dutiable quantity contained in the imported metal-bearing materials less wastage provided for in subsection (c), or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>upon payment of duties on the dutiable quantity of metal contained in the imported metal-bearing materials, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>upon the transfer of the bond charges to another bonded smelting or refining warehouse by physical shipment of a quantity of the same kind of metal contained in any product of smelting or refining of metal-bearing materials equal to the dutiable quantity contained in the imported metal-bearing materials less wastage provided for in subsection (c), or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>upon the transfer of the bond charges to a bonded customs warehouse other than a bonded smelting or refining warehouse by physical shipment of a quantity of the same kind of metal contained in any product of smelting or refining equal to the dutiable quantity contained in the imported metal-bearing materials less wastage provided for in subsection (c), and upon withdrawal from such other warehouse for exportation or domestic consumption the provisions of this section shall apply, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>upon the transfer to another bonded smelting or refining warehouse without physical shipment of metal of bond charges representing a quantity of dutiable metal contained in imported metal-bearing materials less wastage provided for in subsection (c) of the plant of initial treatment of such materials provided there is on hand at the warehouse to which the transfer is made sufficient like metal in any form to satisfy the transferred bond charges.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>For purposes of paragraphs (1), (3), (4), and (5) of subsection (b), due allowances shall be made for wastage of metals other than copper, lead, and zinc, as ascertained from time to time by the Secretary of the Treasury.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>Upon the exportation of a product of smelting or refining other than refined metal the bond shall be credited with a quantity of metal equivalent to the quantity of metal contained in the product exported less the proportionate part of the deductions allowed for losses in determination of the bond charge being cancelled that would not ordinarily be sustained in production of the specific product exported as ascertained from time to time by the Secretary of the Treasury.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>Two or more smelting or refining warehouses may be included under one general bond and the quantities of each kind of metal sub-<page identifier="/us/stat/76/77">76 <inline class="smallCaps">Stat</inline>. 77</page>ject to duty on hand at all of such warehouses may be aggregated to satisfy the bond obligation.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <chapeau>For purposes of this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the term ‘metal-bearing materials’ means metal-bearing<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote> ores and other metal-bearing materials provided for in schedule 6, part 1, of the Tariff Schedules of the United States, ‘metal waste and scrap’ and ‘unwrought metal’ to be smelted or refined provided for in schedule 6, part 2, of such schedules, and metal compounds to be processed for the recovery of their metal content;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>the term ‘smelting or refining’ embraces only pyrometallurgical, hydrometallurgical, electrometallurgical, chemical, or other processes—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>for the treatment of metal-bearing materials to reduce the metal content thereof to a metallic state in the course of recovering it in forms which if imported would be classifiable in part 2 of schedule 6 as ‘unwrought metal’, or in the form of oxides or other compounds which are obtained directly from the treatment of materials provided for in part 1 of schedule 6, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>for the treatment of unwrought metal or metal waste and scrap to remove impurities or undesired components; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the term ‘product of smelting or refining’ means metals or metal-bearing materials resulting directly from smelting or refining processes, but does not include metal-bearing ores as defined in part 1 of schedule 6.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="g">“(g) </num> <content>Labor performed and services rendered pursuant to this section shall be under the supervision of an officer of the customs, to be appointed by the Secretary of the Treasury and at the expense of the manufacturer. The Secretary of the Treasury is authorized to make<sidenote><p class="firstIndent1 fontsize8">Rules and regulations.</p></sidenote> such rules and regulations as may be necessary to carry out the provisions of this section.”</content> </subsection> </section> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The first sentence of section 4501(a) of the Internal Revenue Code of 1954 is amended to read as follows: “<quotedText>There is hereby<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68A/533">68A Stat. 533</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s4501">26 USC 4501.</ref></p></sidenote> imposed upon manufactured sugar manufactured in the United States, a tax, to be paid by the manufacturer at the rate of 0.53 cent per pound of the total sugars therein.</quotedText>”</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>Section 4501(b) of such Code is hereby repealed. Subsection (c) of section 4501 of such Code is redesignated as subsection (b), and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68A/533">68A Stat. 533</ref>; <ref href="/us/stat/75/40">75 Stat. 40</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s4501">26 USC 4501</ref>.</p></sidenote> such subsection is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>manufacture, use, or importation</quotedText>” in the first sentence thereof and inserting in lieu thereof “<quotedText>manufacture or use</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>subsection (a) or (b)</quotedText>” in the second sentence thereof and inserting in lieu thereof “<quotedText>subsection (a)</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 6418(b) of such Code is amended by striking out “; except<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68A/801">68A Stat. 801</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s6418">26 USC 6418</ref>.</p></sidenote> that no such payment shall be allowed with respect to any manufactured sugar, or article, upon which, through substitution or otherwise, a drawback of any tax paid under section 4501 (b) has been or is to be claimed under any provisions of law made applicable by section 4504”</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Sections 4504, 4511, 4512, 4513, 4514, 4521, 4531, 4532, 4541,<sidenote><p class="firstIndent1 fontsize8">Repeals.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s4504">26 USC 4504 <i>et seq</i></ref>.</p></sidenote> 4542, 4551, 4552, 4553, 4561, 4562, 4571, 4572, 4581, 4582, 4601, 4602, 4603, 6412(d) and 7511 of such Code are hereby repealed and the tables of sections for such Code are correspondingly amended.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 1 of the Act of March 2, 1897 (29 Stat. 604), as amended (21 U.S.C. 41), is hereby further amended by changing the<page identifier="/us/stat/76/78">76 <inline class="smallCaps">Stat</inline>. 78</page> period at the end of the first sentence to a comma, by deleting the second sentence, and by adding the following after such comma: “<quotedText>except as provided in the Tariff Schedules of the United States.</quotedText>”</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/401">63 Stat. 401</ref>.</p></sidenote> <content>Section 602(d)(6) of the Act of June 30, 1949, chapter 288, title VI, as renumbered by Sixty-fourth Statutes at Large, pages 578, 583 (40 U.S.C. 474), is hereby amended by changing the comma following “Strategic and Critical Materials Stock Piling Act” to a semicolon and deleting the remainder thereof.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="firstIndent1 fontsize8">Repeals.</p></sidenote> <content>The following provisions are hereby repealed: Act of January 9, 1883 (ch. 17, 22 Stat. 402; 19 U.S.C. 193); Act of May 18, 1896 (ch. 195, 29 Stat. 122; 19 U.S.C. 194); Act of March 3, 1899 (ch. 454, 30 Stat. 1372; 19 U.S.C. 195); section 1, Act of August 27, 1949 (ch. 517, 63 Stat. 666; 19 U.S.C. 196a); section 11, Act of June 16, 1951 (ch. 141, 65 Stat. 75; 19 U.S.C. 1367); section 2951, Revised Statutes (19 U.S.C. 420); section 206(b), Act of May 28, 1956 (ch. 327, 70 Stat. 200; 7 U.S.C. 1856); Act of August 10, 1956 (ch. 1041, 70A Stat. 137; 10 U.S.C. 2383); and section 161(1), Act of August 30, 1954 (ch. 1073, 68 Stat. 950; 42 U.S.C. 2201(1)).</content> </subsection> </section> <num value="IV">TITLE IV—</num> <heading class="inline">TARIFF TREATMENT OF CUBAN PRODUCTS</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Cuba is hereby declared to be a nation described in section 5 of the Trade Agreements Extension Act of 1951, as amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/65/73">65 Stat. 73</ref>.</p></sidenote> (19 U.S.C. 1362, relating to imports from nations and areas dominated or controlled by the foreign government or foreign organization controlling the world Communist movement). Articles which are—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the growth, produce, or manufacture of Cuba, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>imported on or after the date of the enactment of this Act, shall be denied the benefits of concessions contained in any trade agreement entered into under the authority of section 350 of the Tariff Act<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/943">48 Stat. 943</ref>.</p></sidenote> of 1930, as amended (19 U.S.C. 1351).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Nothing in subsection (a) shall affect the rates of duty or the customs or excise treatment of articles the growth, produce, or manufacture of any country other than Cuba.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Subsection (a) shall not apply on or after the date on which the President proclaims that he has determined that Cuba is no longer dominated or controlled by the foreign government or foreign organization controlling the world Communist movement.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/33/3">33 Stat. 3</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/46/695">46 Stat. 695</ref>.</p></sidenote> <content>The Act of December 17, 1903 (19 U.S.C. 124, 125), and section 316 of the Tariff Act of 1930, as amended (19 U.S.C. 1316), both relating to the implementation of the treaty with Cuba concluded on<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/33/2136">33 Stat. 2136</ref>.</p></sidenote> December 11, 1902, shall not apply during the period during which subsection (a) applies.</content> </subsection> </section> <num value="V">TITLE V—</num> <heading class="inline">EFFECTIVE DATE</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Except as provided in subsection (b), the repeal of titles I and II of the Tariff Act of 1930 and the substitution of a new<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 72, 73.</p></sidenote> title I therefor, as provided for in title I of this Act, and the provisions of title III of this Act shall become effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after the 10th day following the date of the proclamation of the President provided for in section 102.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The amendment made by section 302(a) shall become effective on the 10th day following the date of the proclamation of the President provided for in section 102.</content> </subsection> </section> Approved May 24, 1962.
Public Law 87–457: To provide for the acquisition of a patented mining claim on the south rim of Grand Canyon National Park, and for other purposes. Public Law 457 Public Law 87–457 76 Stat. 79 1962-05-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 79 Public Law 87–457
AN ACT To provide for the acquisition of a patented mining claim on the south rim of Grand Canyon National Park, and for other purposes.

May 28, 1962

[S. 383]

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

Grand Canyon National Park. Mining claim, acquisition.

 acquire for Grand Canyon National Park certain private land strategically located inside the park on the south rim of Grand Canyon and to provide for the removal of surface structures thereon and the termination of mining activities in connection with such land which intrudes upon the rim of Grand Canyon and adversely affects the public enjoyment of the park, the Secretary of the Interior is authorized to accept on the terms hereinafter stated the conveyance of title to the Orphan Claim, a mining claim of approximately 20.64 acres patented to D. L. Hogan and C. J. Babbitt on March 23, 1906, patent numbered 43506: Provided, Said authority is conditioned upon the grantor releasing any extralateral rights it may have to follow under adjoining park lands any mineral discovery made on the aforesaid Orphan Claim. The grantor shall, within six months following the passage of this Act, execute to the United States deeds of conveyance of good and sufficient fee simple title to the said claim, subject to the following reservations and conditions:

Conditions.

 (a) All mineral rights on the said claim shall be reserved to the said grantor for a period of twenty-five years, but the exercise of said rights shall be limited to underground mining. (b) Until the close of 1966 the grantor shall be permitted to maintain and operate the Grand Canyon Inn and related cottages and facilities and may reserve for said period the customary rights to use so much of the surface area of the claim as is necessary for mining operations. (c)

After 1966 and until the expiration of the mineral reservation the grantor shall have reserved to it the surface rights to only the following described tract of approximately three acres which is necessary to operate the said mine:

Beginning at an iron stake known as corner numbered 2 of the

Description.

Orphan Claim, mineral survey numbered 2004 in section 14, township 31 north, range 2 east, Gila and Salt River base and meridian; thence north 41 degrees 03 minutes east 500 feet: thence north 60 degrees 15 minutes west 300 feet; thence south 41 degrees 03 minutes west 500 feet to the south end center of said claim; thence south 6C degrees 15 minutes east 300 feet to place of beginning, including all buildings and improvements as per survey of April 21, 1905.

 (d) Any structures erected on the reserved portion of surface rights

Structures.

 shall be no more than two stories in height and shall be so designed as to be appropriate to the region. (e) The grantor shall tie permitted to maintain and operate the

Rights of grantor.

 present aerial tramway for not to exceed two years from the date of the conveyance to the United States; and throughout the allowable period of its mining to maintain and operate the sixty-thousand-gallon water tank; the access road across the claim to the mine area, the portal area of the present adit, and such ventilators from the mine as may be required by mine safety laws. (f) The grantor shall be permitted to haul ore from its mining operations to such mills as directed by the Atomic Energy Commission or otherwise, over roads of the Grand Canyon National Park upon payment of use charges therefor, as agreed between the parties but reasonably calculated to provide such additional cost of maintenance of said roads, if any, as may be occasioned by such operations.
76 Stat. 80
Sec. 2.

Rights of grantor.

 (a) In exchange for the foregoing conveyance to the United States of the said Orphan Claim and the release by the owner thereof of any claims to pursue any extralateral rights to the ore body under park land, the grantor shall have the right for a period of twenty-five years to mine and remove on a royalty basis all uranium ore and such other metalliferous ore of commercial value as can be recovered through the shaft existing on the Orphan Claim and additional underground workings beyond the northeast boundary of said claim, along the dip of any ore body apexing within the said claim: Provided, Said mining and removal rights shall be limited to underground mining, which shall be conducted so as not to disturb in any manner the surface of park land or the canyon walls, except for ventilation as required in accordance with mine safety laws: Provided further, That nothing in this Act shall be construed to create any obligation on the Atomic Energy Commission for the purchase of uranium derived from ores removed from beyond the vertical boundaries of the Orphan Claim: Provided further, That neither the enactment of this Act nor anything contained in it shall be construed to relieve any party from any liability which would or might otherwise exist for the removal of ore from beyond the boundaries of said Orphan Claim, if any such removal occurred prior to the enactment of this Act. (b)

Royalty payments to U. S.

 The United States shall be paid a royalty for ore extracted from under Government lands pursuant to this section, in accordance with the following Uranium Percentage Royalty Schedule:
Mine value per dry ton Royalty percentage of mine value per dry ton
$0.01 to $10.00  5  per centum
$10.01 to $20.00  5½ per centum
$30.01 to $30.00  6  per centum
$30.01 to $40.00  8½ per centum
$40.01 to $50.00  7  per centum
$50.01 to $60.00  7½ per centum
$60.01 to $70.00  8  per centum
$70.01 to $80.00  8½ per centum
$80.01 to $90.00  9  per centum
$90.01 to $100.00  9½ per centum
$100.01 or more 10  per centum

“Mine value per dry ton.”

“Mine value per dry ton” is hereby defined as the dollar value per dry ton of crude ores at the mine as paid for by the Atomic Energy Commission or other Government agency before allowance for transportation and development; however, if the Government at any time hereafter does not establish and pay for said ores on a fixed or scheduled dollar value per dry ton of crude ores at the mine, or said ores contain salable minerals, some or all, or which are disposed of to a custom treatment plant or smelter for treatment and sale, then mine value per dry ton shall be the gross value per dry ton of said crude ore as paid for by the Atomic Energy Commission or other Government authorized agency mill or other buyer, less any allowances or reimbursements for the following specific items: (1) transportation of ores, and (2) treatment or beneficiation of ores; which specific items shall in such event be deducted from the gross sales price received from the metal content of said ores by the seller before said percentage royalty is calculated and paid.

Whenever mineral or other products are recovered which are not included in determining mine value per dry ton as defined herein, there shall be paid for such minerals or other products a royalty of 5 per centum of the gross value of such products at the mine site.

76 Stat. 81

Provided, That on all ore having a mine value per dry ton of less than $50, the royalty to be paid hereunder shall not exceed 15 per centum of the grantor’s net profit on such ore which shall be determined by the amount remaining from the total sales price of such ore after the payment of reasonable operating expenses, taxes, and cost depletion.

 (c) When paid, the royalty shall be deposited to miscellaneous receipts of the Treasury in accordance with the provisions of title 31, United States Code, section 484.
Approved May 28, 1962.
Public Law 87–458: To authorize the exchange of certain lands at Antietam National Battlefield site. Public Law 458 Public Law 87–458 76 Stat. 81 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–458
AN ACT To authorize the exchange of certain lands at Antietam National Battlefield site.

May 31, 1962

[H. R. 10098]

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

That in order

Antietam National Battlefield site.

Exchange of certain lands.

to effect changes in land ownership made necessary by the widening and relocation of Maryland State Route 34 at Antietam National Battlefield site, the Secretary of the Interior may accept for the United States title to the following described lands, or interests in lands:

Beginning at the intersection of the northerly right-of-way line of Maryland Route Numbered 34 leading from Sharpsburg to Boonsboro with the northerly right-of-way line of the relocation of Richardson Avenue said point of intersection being 34.00 feet measured radially from station 17 + 00 of the base line of right-of-way as said base line of right-of-way is delineated on State Roads Commission’s plat numbered 16968, Thence binding along the aforementioned northerly right-of-way line of Richardson Avenue the two following course and distances, namely: north 38 degrees 37 minutes 30 seconds east, 71.78 feet and north 69 degrees 10 minutes 55 seconds east, 333.04 feet to intersect the westerly right-of-way line of Richardson Avenue, Thence binding thereon south 12 degrees 31 minutes 20 seconds west, 31.12 feet to intersect the base line of right-of-way of the relocation of Richardson Avenue at station 3+33.73, Thence continuing along the aforementioned westerly right-of-way line of Richardson Avenue south 12 degrees 31 minutes 20 seconds west, 116.03 feet to intersect the aforementioned northerly right-of-way line of Maryland Route Numbered 34, Thence binding thereon the two following courses and distances, namely: south 84 degrees 45 minutes 55 seconds west, 213.83 feet, and by a curve to the left having a radius of 5,763.58 feet for a distance of 111.84 feet, said curve being subtended by a chord south 84 degrees 12 minutes 40 seconds west, 111.83 feet to the place of beginning. Said parcel containing 0.66 acre, more or less, and being a part or parts of that tract of land which was conveyed from Henry Piper to Samuel D. Piper by deed dated March 7, 1890, and recorded among land records of Washington County in liber numbered 94, folio 449.
Sec. 2. In exchange for the conveyance of the lands described in section 1 of this Act, the Secretary of the Interior may convey the following described lands: An approximate 0.05-acre parcel of United States land comprising the southerly portion of Richardson Avenue located in Antietam National Battlefield site, extending from the northerly right-of-way line of the widened and relocated Maryland State Route 34 southwestward about 65 feet into the said Maryland State Route 34 right-of-way at station 20+40.
Approved May 31, 1962.
Public Law 87–459: To authorize the Secretary of Defense to lend certain Army, Navy, and Air Force equipment and to provide transportation and other services to the Boy Scouts of America in connection with the World Jamboree of Boy Scouts to be held in Greece in 1963, and for other purposes. Public Law 459 Public Law 87–459 76 Stat. 82 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 82 Public Law 87–459
AN ACT To authorize the Secretary of Defense to lend certain Army, Navy, and Air Force equipment and to provide transportation and other services to the Boy Scouts of America in connection with the World Jamboree of Boy Scouts to be held in Greece in 1963, and for other purposes.

May 31, 1962

[H. R. 9752]

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

Boy Scouts of America.

World Jamboree.

Equipment.
That (a) the Secretary of Defense is hereby authorized, under such regulations as he may prescribe, to lend to the National Council, Boy Scouts of America, for the use and accommodation of the approximately five hundred Scouts, Scouters, and officials who are to attend the World Jamboree, Boy Scouts, to be held in Greece in July and August 1963, such tents, cots, blankets, commissary equipment, flags, refrigerators, and other equipment and services as may be necessary or useful to the extent that items are in stock and available and their issue will not jeopardize the national defense program. (b) Such equipment is authorized to be delivered at such time prior to the holding of such jamboree, and to be returned at such time after the close of such jamboree, as may be agreed upon by the Secretary of Defense and the National Council, Boy Scouts of America. No expense shall be incurred by the United States Government for the delivery, return, rehabilitation, or replacement of such equipment. (c)

Bond.

 The Secretary of Defense, before delivering such property, shall take from the National Council, Boy Scouts of America, good and sufficient bond for the safe return of such property in good order and condition, and the whole without expense to the United States.
Sec. 2.

Transportation.

 (a) The Secretary of Defense is hereby authorized, under such regulations as he may prescribe, to provide, without expense to the United States Government, transportation from the United States or military commands overseas, and return, on vessels of the Military Sea Transportation Service for (1) those Boy Scouts, Scouters, and officials certified by the National Council, Boy Scouts of America, as representing the National Council, Boy Scouts of America, at the jamboree referred to in the first section of this Act, and (2) the equipment and property of such Boy Scouts, Scouters, and officials and the property loaned to the National Council, Boy Scouts of America, by the Secretary of Defense pursuant to this Act to the extent that such transportation will not interfere with the requirements of military operations. (b)

Bond.

 Before furnishing any transportation under this section, the Secretary of Defense shall take from the National Council, Boy Scouts of America, a good and sufficient bond for the reimbursement to the United States by the National Council, Boy Scouts of America, of the actual costs of transportation furnished under this section.
Sec. 3. Amounts paid to the United States to reimburse it for expenses incurred under the first section and for the actual cost of transportation furnished under section 2 shall be credited to the current applicable appropriations or funds to which such expenses and costs were charged and shall be available for the same purposes as such appropriations or funds.
Sec. 4.

Passports.

 Under regulations prescribed by the Secretary of State, no fee shall be collected for the application for a passport by or the issuance of a passport to, any Boy Scout, Scouter, or official who is certified by the National Council, Boy Scouts of America, as representing the National Council, Boy Scouts of America, at the jamboree referred to in the first section of this Act.
Approved May 31, 1962.
Public Law 87–460: To authorize grants for planning and carrying out a project of construction for the expansion and improvement of the facilities of George Washington University Hospital in the District of Columbia. Public Law 460 Public Law 87–460 76 Stat. 83 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 83 Public Law 87–460
AN ACT To authorize grants for planning and carrying out a project of construction for the expansion and improvement of the facilities of George Washington University Hospital in the District of Columbia.

May 31, 1962

[H. R. 8916]

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

D. C.

George Washington University Hospital. Construction project, grants.

 hereby authorized to be appropriated from time to time such sums, not exceeding $2,500,000 in the aggregate, as may be necessary to enable the Surgeon General of the Public Health Service (hereafter in this Act referred to as the Surgeon General) to make a grant or grants in order to assist the George Washington University in defraying the cost of planning and carrying out a project of construction to expand and improve the facilities of George Washington University Hospital in the District of Columbia. Sums appropriated pursuant to this section shall remain available for such purpose until expended.
Sec. 2. Grants made pursuant to this Act shall not exceed, in the aggregate, an amount found by the Surgeon General to be equal to 50 per centum of the cost of construction of the project covered by an application of the university submitted to the Surgeon General and approved by him pursuant to section 3.
Sec. 3. (a) The Surgeon General is authorized to approve the application

Conditions.

 of the university if— (1) the application is in such form as may be prescribed by him and contains or is supported by such information as he deems necessary in order to carry out his functions under this Act; (2) he finds that— (A) the program of construction covered by the application provides for the facilities and services necessary (i) to provide adequate care for the patients expected to be served by the hospital and (ii) to constitute the hospital an adequate teaching hospital for the university’s school of medicine; (B) such program does not appear incompatible with any comprehensive plan for health facilities for the metropolitan area of Washington that has been or is likely to be developed by a body found by the Surgeon General to be a responsible areawide planning group; and (C) the plans and specifications for the project meet the minimum standards of construction and equipment prescribed for hospitals by regulation pursuant to section 622(e) of the Public Health Service Act, as amended (42 U.S.C. 291e); and

60 Stat. 1043.

 (3) he finds that the application contains or is supported by satisfactory assurances— (A) that adequate funds will be available for payment of the non-Federal share of the cost of construction of the project, and that adequate financial support for the maintenance and operation of the project when completed will be available; (B) that the construction contract for the project will be awarded in accordance with such requirements, including requirements as to competitive bidding, as the Surgeon General may prescribe, and will contain such provisions for performance and other bonds and undertakings to be furnished by the contractor as the Surgeon General deems necessary; 76 Stat. 84 (C) that the construction contract will provide that the Surgeon General and his representatives will at all times have access to the work in preparation or progress and that the contractor will provide proper facilities for such access and for inspection of the work; (D)

that the university shall keep such records as the Surgeon General shall prescribe, including records which fully disclose the amount and the disposition by it of the proceeds of assistance received under this Act, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

The Surgeon General and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the university that are pertinent to assistance received under this Act.

 (E) that the university will provide and maintain competent and adequate architectural or engineering supervision and inspection of the project to insure that the completed work conforms with the approved plans and specifications; (F) that the labor standards set forth in section 5 will be observed; and (G) such other assurances as the Surgeon General finds necessary in order to carry out the purposes of this Act. (b) Amendment of an approved application shall be subject to approval in the same manner as an original application. (c) After approval of the application, the Surgeon General shall pay the Federal share of the cost of construction (as determined under section 2) at such time or times, in advance or by way of reimbursement, and in such installments and subject to such reasonable conditions (with respect to performance of work, purchase of materials, and other matters), as he may deem appropriate in order to safeguard the Federal interest and assure completion of the work in accordance with the approved plans and specifications. (d)

Funds.

 Funds paid under this section for construction shall be used solely for carrying out the project as approved by the Surgeon General, including any amendment approved by him.
Sec. 4.

“Construction”; “cost of construction.”

 (a) For the purposes of this Act the terms “construction” and “cost of construction” shall have the meanings assigned to such terms in section 631 of the Public Health Service Act, as amended

60 Stat. 1047; 68 Stat. 465.

 (42 U.S.C. 291i), and regulations issued pursuant thereto, and shall include architect’s and consultant’s fees incurred in the planning of the project prior to enactment of this Act. (b)

Delegation of authority.

 For the purpose of administering this Act, the Surgeon General may delegate to any officer or employee of the Department of Health, Education, and Welfare any of his functions or powers under this Act, except the issuance of regulations.
Sec. 5.

Laborers and mechanics, wage rates.

 All laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part under this Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon

49 Stat. 1011.

 Act, as amended (40 U.S.C. 276a–276a–5), and every such employee shall receive compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight76 Stat. 85 hours in any workday or forty horn’s in the workweek, as the case may be. The Secretary of Labor shall have with respect to the labor standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z–15) and section 2 of the Act of June 13, 1934, as

64 Stat. 1267.

63 Stat. 108.

Appropriation.

 amended (40 U.S.C. 276c).
Sec. 6. (a) There are hereby authorized to be appropriated, for each fiscal year, such sums as may be necessary for administrative expenses incurred in carrying out this Act. (b) Nothing in this Act shall be construed as limiting or superseding any authority of the Surgeon General or the Secretary of Health, Education, and Welfare under title VI of the Public Health Service Act or any other law.

60 Stat. 1041; 72 Stat. 489.

42 USC 291–291z.
Approved May 31, 1962.
Public Law 87–461: To amend section 105 of title 28, United States Code, so as to transfer certain counties from the Western Division of the Western District of Missouri to the Saint Joseph Division of such district, and for other purposes. Public Law 461 Public Law 87–461 76 Stat. 85 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–461
AN ACT To amend section 105 of title 28, United States Code, so as to transfer certain counties from the Western Division of the Western District of Missouri to the Saint Joseph Division of such district, and for other purposes.

May 31, 1962

[S. 2270]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) paragraph

Courts.

Western District of Missouri, transferof counties.

62 Stat. 884.

 (1) of section 105(b) of title 28, United States Code, is amended to read as follows: “(1)

The Western Division comprises the counties of Bates, Carroll, Cass, Clay, Henry, Jackson, Johnson, LaFayette, Ray, Saint Clair, and Saline.

“Court for the Western Division shall be held at Kansas City.”

 (b) Paragraph (3) of section 105(b) of such title is amended to read as follows: “(3)

The Saint Joseph Division comprises the counties of Andrew, Atchison, Buchanan, Caldwell, Clinton, Daviess, De Kalb, Gentry, Grundy, Harrison, Holt, Livingston, Mercer, Nodaway, Platte, Putnam, Sullivan, and Worth.

“Court for the Saint Joseph Division shall be held at Saint Joseph.
Approved May 31, 1962.
Public Law 87–462: Authorizing the Secretary of the Air Force to admit a citizen of the Kingdom of Thailand to the United States Air Force Academy. Public Law 462 Public Law 87–462 76 Stat. 85 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–462
JOINT RESOLUTION Authorizing the Secretary of the Air Force to admit a citizen of the Kingdom of Thailand to the United States Air Force Academy.

May 31, 1962

[S. J. Res. 129]

 Resolved by the Senate and House of Representatives of the. United States of America in Congress assembled,
That, within one year after

Thailand, citizen.

Attendance at U. S. Air Force Academy.

 the date of enactment of this joint resolution, the Secretary of the Air Force is authorized to admit Prabaddh Riddhagni, a citizen and subject of the Kingdom of Thailand, to the United States Air Force Academy for the purpose of receiving instruction at such Academy if the Secretary find the said Prabaddh Riddhagni to be mentally and physically qualified; but the United States shall not be subject to any expense on account of such instruction.
76 Stat. 86
Sec. 2.

Conditions.

 Except, as may be otherwise determined by the Secretary of the Air Force the said Prabaddh Riddhagni shall, as a condition to receiving instruction under the provisions of this joint resolution, agree to be subject to the same rules and regulations governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation, as cadets at the United States Air Force Academy appointed from the United States; but the said Prabaddh Riddhagni shall not be entitled to appointment to any office or position in the United States Air Force by reason of his graduation from the United States Air Force Academy.
Sec. 3.

70A Stat. 565.

 Nothing in this joint resolution shall be construed to subject the said Prabadon Riddhagni to the provisions of section 9348 of title 10 of the United States Code.
Approved May 31, 1962.
Public Law 87–463: Authorizing the Secretary of the Navy to receive for instruction at the United States Naval Academy at Annapolis two citizens and subjects of the Kingdom of Belgium. Public Law 463 Public Law 87–463 76 Stat. 86 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–463
JOINT RESOLUTION Authorizing the Secretary of the Navy to receive for instruction at the United States Naval Academy at Annapolis two citizens and subjects of the Kingdom of Belgium.

May 31, 1962

[S. J. Res. 175]

Belgium citizens.

Attendance at U. S. Naval Academy.

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary of the Navy is authorized to permit, within eighteen months after date of enactment of this joint resolution, two persons, citizens and subjects of the Kingdom of Belgium, to be admitted for instruction at the United States Naval Academy at Annapolis, Maryland; but the United States shall not be subject to any expense on account of such instruction:
Sec. 2.

Conditions.

 Except as may be otherwise determined by the Secretary of the Navy such persons shall, as a condition to receiving instruction under the provisions of this joint resolution, agree to be subject to the same rules and regulations governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation, as midshipmen at the United States Naval Academy appointed from the United States; but they shall not be entitled to appointment to any office or position in the United States Navy by reason of their graduation from the United States Naval Academy.
Sec. 3.

70A Stat. 432.

 Nothing in this joint resolution shall be construed to subject such persons to the provisions of section 6959 of title 10 of the United States Code.
Approved May 31, 1962.
Public Law 87–464: To designate calendar year 1962 as Cancer Progress Year. Public Law 464 Public Law 87–464 76 Stat. 87 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–464
JOINT RESOLUTION To designate calendar year 1962 as Cancer Progress Year.

May 31, 1962

[H. J. Res. 576]

 Whereas in 1937 the National Cancer Institute Act was enacted by Congress and the first nationwide educational campaign was launched by the American Cancer Society; and Whereas there has been developed in the United States the most massive research attack against cancer ever mounted against a single disease; and • 76 Stat. 87 Whereas the attack on cancer has been vigorously waged for twenty-five years by the National Cancer Institute and the American Cancer Society; and Whereas great strides have been made in cancer control, public education, and patient service; and Whereas about one hundred and sixty thousand persons had been cured of cancer in 1937 and today more than one million one hundred thousand persons have been cured of the disease; and Whereas the American Cancer Society and the National Cancer Institute have demonstrated the need for complementary efforts by the people on a voluntary basis and by the Federal and local governments in the attack on this dread disease; and Whereas the American Cancer Society and the National Cancer Institute are joining in observing Cancer Progress Year throughout 1962; and Whereas the purposes of Cancer Progress Year are to report to the public where science stands in cancer research, to persuade the public to act for its own protection, to improve the care of the cancer patient, and to accelerate programs to conquer cancer: Therefore be it Resolved, That the Congress of the United States designate calendar

Cancer Progress Year, 1962.

Proclamation authorization.

 year 1962 as Cancer Progress Year; and be it further Resolved,
That the President of the United States be authorized and requested to issue proclamations inviting the participation of the people of the United States, government and private agencies, and all media of communication in the observation of Cancer Progress Year.
Approved May 31, 1962.
Public Law 87–465: To amend the Act entitled “An Act to provide better facilities for the enforcement of the customs and immigration laws”, to increase the amounts authorized to be expended. Public Law 465 Public Law 87–465 76 Stat. 87 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–465
AN ACT To amend the Act entitled “An Act to provide better facilities for the enforcement of the customs and immigration laws”, to increase the amounts authorized to be expended.

May 31, 1962

[S. 2806]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act of June 26, 1930, as amended (19 U.S.C. 68), is further amended by

Customs and Immigration.

Facilities funds, increase.

54 Stat. 1091.

 amending the proviso to read as follows: “Provided, That the total amount which may be so expended for any one project, including the site, shall not exceed $100,000, and that where the project is for the joint use of the Customs Service and the Immigration and Naturalization Service, the combined cost of the project, including the site, shall be charged to the two appropriations concerned.”
Approved May 31, 1962.
Public Law 87–466: To repeal section 409 of the Public Buildings Act of 1949, requiring the submission of a report to the Congress concerning eligible public building projects. Public Law 466 Public Law 87–466 76 Stat. 87 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–466
AN ACT To repeal section 409 of the Public Buildings Act of 1949, requiring the submission of a report to the Congress concerning eligible public building projects.

May 31, 1962

[H. R. 7477]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 409 of the Public Buildings Act of 1949 (40 U.S.C. 355) is hereby repealed.

63 Stat. 200.
Approved May 31, 1962.
Public Law 87–467: To authorize acceptance of the gift made to the United States by the will of Esther Cattell Schmitt. Public Law 467 Public Law 87–467 76 Stat. 88 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 88 Public Law 87–467
AN ACT To authorize acceptance of the gift made to the United States by the will of Esther Cattell Schmitt.

May 31, 1962

[H. R. 8941]

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

Gift to U. S.

Acceptance.
That the Attorney General is hereby authorized to accept on behalf of the United States of America the property given to it by the will of the late Esther Cattell Schmitt.
Sec. 2. The Attorney General is hereby authorized to appear in or to initiate on behalf of the United States any appropriate legal or equitable proceeding, in the Orphans’ Court of Philadelphia County, or any other appropriate tribunal in the Commonwealth of Pennsylvania or elsewhere, in connection with any matter relating to or arising under the said will, and to take such steps therein or in connection therewith as in his discretion may be desirable and appropriate in the interest of the United States. The duties imposed upon officers and agents of the United States by the succeeding provisions of this Act shall be performed in conformity with the orders of any court of competent jurisdiction entered in any such proceeding to which the United States shall be a party.
Sec. 3. Any moneys or securities which the United States shall receive under the said will, and the proceeds of the sale of any real property received by the United States thereunder, shall be receipted for by the Secretary of the Treasury, who is hereby authorized to sell, exchange, retain, invest, or reinvest such moneys or securities in such investments as he may from time to time determine.
Sec. 4. The income received by the United States from the property passing to it under the said will, or from the proceeds of such property, shall be paid by the Secretary of the Treasury to the beneficiaries named in paragraphs numbered 1, 2, 3, and 4 of said will in accordance with the terms thereof.
Sec. 5.

National Gallery of Art, Board of Trustees.

 The Board of Trustees of the National Gallery of Art shall, at the request of the Attorney General, nominate the beneficiary described in paragraph numbered 4 of the will, as translated, as “a young American painter, the most deserving.”
Approved May 31, 1962.
Public Law 87–468: To quiet title and possession to an unconfirmed and located private land claim in the State of Louisiana. Public Law 468 Public Law 87–468 76 Stat. 88 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–468
AN ACT To quiet title and possession to an unconfirmed and located private land claim in the State of Louisiana.

May 31, 1962

[H. R. 4380]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act of February 10, 1897 (29 Stat. 517), is hereby amended by extending, as of February 10, 1897, its provisions to the private land claim of Robert Sibley, numbered 320 in the list of actual settlers submitted by Commissioners Cosby and Skipwith and reported on page 440 of volume 3 of the American State Papers, Gales and Seaton edition, embracing section 43, township 5 south, range 3 east, Saint Helena meridian, Louisiana, and containing six hundred forty-three and thirty-four one-hundredths acres.
Approved May 31, 1962.
Public Law 87–469: To authorize the Secretary of the Interior to sell certain public lands in Idaho. Public Law 469 Public Law 87–469 76 Stat. 89 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 89 Public Law 87–469
AN ACT To authorize the Secretary of the Interior to sell certain public lands in Idaho.

May 31, 1962

[H. R. 9097]

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

Idaho.

Sale of public lands.

 of the Interior, tn his discretion, is hereby authorized to sell at not less than their fair market value, as determined by the Secretary by appraisal, taking into consideration any reservations specified by the Secretary pursuant to sections 3 and 4 of this Act, any of those lands in the State of Idaho, in the vicinity of the Snake River or any of its tributaries which have been, or may be, found upon survey to be omitted public lands of the United States, which lands are not within the boundaries of a national forest or other Federal reservation and are not lawfully appropriated by a qualified settler or entry man claiming under the public land laws, or are not used and occupied by Indians claiming by reason of aboriginal rights or are not used and occupied by Indians who are eligible for an allotment under the laws pertaining to allotments on the public domain.
Sec. 2. Any citizen of the United States who, in good faith under

Preference rights.

 color of title or claiming as a riparian owner has, prior to March 30, 1961, placed valuable improvements upon, reduced to cultivation, or occupied any of the lands subject to the operation of this Act, or whose ancestors or predecessors in title have taken such action, shall, if such lands be offered for sale by the Secretary, have a preference right to purchase such lands at their fair market value (which shall not include any increased value resulting from the development or improvement thereof for agricultural or other purposes by the applicant or his predecessors in interest) under such rules and regulations as the Secretary may prescribe for the operation of this Act.
Sec. 3. All patents issued under the provisions of this Act shall be

Patents.

Mineral reservation.

 subject to and contain a reservation to the United States of all the coal, oil, gas, oil shale, phosphate, potash, sodium, native asphalt, solid and semisolid bitumen, and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried), together with the right to prospect for, mine, and remove the same.
Sec. 4. The Secretary, in his discretion, may reserve in patents issued

Right of access.

 under this Act the right of access to the public through the lands and such other reservations as he may deem appropriate and consonant with the public interest in preserving public recreational values in the lands.
Sec. 5. The Secretary is hereby authorized to prescribe all necessary

Rules and regulations.

 rules and regulations for administering the provisions of this Act, including, without limitation, the determination of conflicting claims arising hereunder.
Approved May 31, 1962.
Public Law 87–470: To amend the District of Columbia Alcoholic Beverage Control Act, as amended, and for other purposes. Public Law 470 Public Law 87–470 76 Stat. 89 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–470
AN ACT To amend the District of Columbia Alcoholic Beverage Control Act, as amended, and for other purposes.

May 31, 1962

[H. R. 7752]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (g)

D. C. Alcoholic Beverage Control Act, amendment.

48 Stat. 997.

 of section 11 of the District of Columbia Alcoholic Beverage Control Act as amended (D.C. Code, sec. 25–111 (g)), is amended— 76 Stat. 90 (1) by striking “restaurants and” in the fourth sentence of such subsection; and (2) by inserting immediately after such fourth sentence the following new sentence: “In the case of restaurants, said spirits, beer, and wine shall be sold or served only (1) to persons seated at public tables or at bona fide lunch counters, and (2) to persons in an enclosed or screened-off area in any such restaurant set aside for the accommodation of persons waiting to be seated at public tables.”
Sec. 2.

Effective date.

 Clause (2) of the fifth sentence of such subsection (g) shall take effect on the thirtieth day after the date of enactment.
Approved May 31, 1962.
Public Law 87–471: To change the name of Whitman National Monument to Whitman Mission National Historic Site. Public Law 471 Public Law 87–471 76 Stat. 90 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–471
AN ACT To change the name of Whitman National Monument to Whitman Mission National Historic Site.

May 31, 1962

[H. R. 9805]

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

Whitman Mission National Historic Site.

Designation.
That effective January 1, 1963, the Whitman National Monument, established pursuant to the Act of June 29, 1936 (49 Stat. 2028; 16 U.S.C. 433k–433m), shall be known as the Whitman Mission National Historic Site.
Approved May 31, 1962.
Public Law 87–472: To authorize the Secretary of the Interior to enter into an amendatory contract with the Burley Irrigation District, and for other purposes. Public Law 472 Public Law 87–472 76 Stat. 90 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–472
AN ACT To authorize the Secretary of the Interior to enter into an amendatory contract with the Burley Irrigation District, and for other purposes.

May 31, 1962

[H. R. 9647]

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

Idaho.

Amendatory contract, Burley Irrigation District.
That the Secretary of the Interior is authorized to execute on behalf of the United States the amendatory contract with the Burley Irrigation District negotiated pursuant to section 7 of the Reclamation Project Act of 1939 (53 Stat. 1187; 43 U.S.C., 1958 edition, sec. 485f) and approved by the district’s electors on April 18, 1961.
Sec. 2.

Minidoka Irrigation District.

 The Secretary is further authorized to negotiate with and enter into an amendatory contract with the Minidoka Irrigation District on a similar basis as set out in section 1, to coordinate his operation of the power facilities on the Minidoka project with the power facilities of other reclamation project installations in the Snake River Basin, and to account for the return of the reimbursable allocations of these installations in accordance with the Federal reclamation laws.
Sec. 3.

Repeals.

 The provisos appearing in the portion of the “Interior Department Appropriation Act, 1940” (Act of May 10, 1939) (53 Stat. 685 at page 716), relating to the Minidoka project and the portion of the Act of May 10, 1926 (44 Stat. 453 at page 480), relating to the Minidoka project are hereby repealed.
Sec. 4. This Act is declared to be a part of the Federal reclamation

43 USC 485k.

 laws as those laws are defined in the Reclamation Project Act of 1939, supra.
Approved May 31, 1962.
Public Law 87–473: To amend the Act admitting the State of Washington into the Union in order to authorize the use of funds from the disposition of certain lands for the construction of State charitable, educational, penal, or reformatory institutions. Public Law 473 Public Law 87–473 76 Stat. 91 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 91 Public Law 87–473
AN ACT To amend the Act admitting the State of Washington into the Union in order to authorize the use of funds from the disposition of certain lands for the construction of State charitable, educational, penal, or reformatory institutions.

May 31, 1962

[H. R. 8030]

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

Washington.

Enabling Act, amendment.

 “An Act to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States and to make donations of public lands to such States”, approved February 22, 1889 (25 Stat, 676, as amended), is amended by inserting before the period at the end of the first sentence in the fourth paragraph of section 11 a comma and the following: “except that

47 Stat. 150.

 proceeds from the sale and other permanent disposition of the two hundred thousand acres granted to the State of Washington for State charitable, educational, penal, and reformatory institutions may be used by such State for the construction of any such institution”.
Approved May 31, 1962.
Public Law 87–474: To amend sections 3(7) and 5(b) of the Internal Security Act of 1950, relating to employment of members of Communist organizations in certain defense facilities. Public Law 474 Public Law 87–474 76 Stat. 91 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–474
AN ACT To amend sections 3(7) and 5(b) of the Internal Security Act of 1950, relating to employment of members of Communist organizations in certain defense facilities.

May 31, 1962

[H. R. 9753]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) the second

Internal Security Act of 1950, amendment.

64 Stat. 989.

“Defense facility.”

 sentence of paragraph (7) of section 3 of the Internal Security Act of 1950 (50 U.S.C. 782(7)) is amended to read as follows: “The term ’defense facility’ means any facility designated by the Secretary of Defense pursuant to section 5(b) of this title and which is in compliance with the provisions of such subsection respecting the posting of notice of such designation.” (b) Subsection (b) of section 5 of such Act (50 U.S.C. 784(b))

64 Stat. 992.

 is amended to read as follows: “(b) The Secretary of Defense is authorized and directed to designate

Designation.

Posting of notice.

 facilities, as defined in paragraph (7) of section 3 of this title, with respect to the operation of which he finds and determines that the security of the United States requires the application of the provisions of subsection (a) of this section. The Secretary snail promptly notify the management of any facility so designated, where upon such management shall immediately post conspicuously notice of such designation in such form and in such place or places as to give notice thereof to all employees of, and to all applicants for employment in, such facility. Such posting shall be sufficient to give notice of such designation to any person subject thereto or affected thereby. Upon the request of the Secretary, the management of any facility so designated snail require each employee of the facility, or any part I hereof, to sign a statement that he knows that the facility has, for the purposes of this title, been designated by the Secretary under this subsection.”
Approved May 31, 1962.
Public Law 87–475: To authorize the Commissioners of the District of Columbia to sell certain property owned by the District of Columbia located in Prince William County, Virginia, and for other purposes. Public Law 475 Public Law 87–475 76 Stat. 92 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 92 Public Law 87–475
AN ACT To authorize the Commissioners of the District of Columbia to sell certain property owned by the District of Columbia located in Prince William County, Virginia, and for other purposes.

May 31, 1962

[H. R. 9699]

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

D. C.

Sale of property.
That the Commissioners of the District of Columbia are hereby authorized and empowered in their discretion, to sell and convey, in whole or in part, for its reasonable market value to Prince William County, Virginia, or to a nonprofit corporation designated by the board of supervisors of such county, real estate now owned in fee simple by the District of Columbia consisting of approximately four hundred and fifty-five acres of land located in Prince William County, Virginia, and described in a deed conveying said land to the District of Columbia recorded on June 17, 1927, in liber 83, at folios 311 and 312, in the clerk’s office of the circuit court of Prince William County, Commonwealth of Virginia.
Sec. 2. The said Commissioners are further authorized to pay the reasonable and necessary expenses of sale of each parcel of land sold pursuant to the provisions of this Act. They shall deposit the net proceeds of the sale in the Treasury of the United States to the credit of the District of Columbia.
Approved May 31, 1962.
Public Law 87–476: To repeal subsection (a) of section 8 of the Public Buildings Act of 1959. limiting the area in the District of Columbia within which sites for public buildings may be acquired. Public Law 476 Public Law 87–476 76 Stat. 92 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–476
AN ACT To repeal subsection (a) of section 8 of the Public Buildings Act of 1959. limiting the area in the District of Columbia within which sites for public buildings may be acquired.

June 8, 1962

[S. 3157]

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

D. C.

Public buildings sites.
That subsection (a) of section 8 of the Public Buildings Act of 1959 (73 Stat. 481, 40 U.S.C. 607 (a)) is hereby repealed.
Sec. 2. Subsections (b) and (c) of section 8 of the Public Buildings Act of 1959 (73 Stat. 481; 40 U.S.C. 607 (b) and (c)) are hereby redesignated as subsections (a) and (b), respectively, of such section.
Sec. 3. Section 8 of the Public Buildings Act of 1959 (73 Stat. 481; 40 U.S.C. 607) is amended by adding at the end thereof the following new subsection: “(c)

With respect to any lands located south of Independence Avenue, between Third Street SW. and Eleventh Street SE., in the District of Columbia, no such lands shall be acquired by the Administrator for use as sites, or additions to sites, without prior consultation with the House Office Building Commission created by the Act of

40 USC 175.

March 4, 1907 (34 Stat. 1365).

“With respect to any lands located in the area extending from the United States Capitol Grounds to Eleventh Street NE. and SE. and bounded by Independence Avenue on the south and G Street NE. on the north, in the District of Columbia, no such lands shall be acquired by the Administrator for use as sites, or additions to sites, without prior consultation with the Architect of the Capitol.”
Approved June 8, 1962.
Public Law 87–477: To approve the revised June 1957 reclassification of land of the Fort Shaw division of the Sun River project, Montana, and to authorize the modification of the repayment contract with Fort Shaw Irrigation District. Public Law 477 Public Law 87–477 76 Stat. 93 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 93 Public Law 87–477
AN ACT To approve the revised June 1957 reclassification of land of the Fort Shaw division of the Sun River project, Montana, and to authorize the modification of the repayment contract with Fort Shaw Irrigation District.

June 8, 1962

[S. 2132]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the June 1957

Sun River project, Mont.

 reclassification of land of the Fort Shaw division of the Sun River project, Montana, as revised in September 1959, is approved.
Sec. 2. The Secretary of the Interior is authorized, pursuant to section 8(i) of the Act of August 4, 1939 (53 Stat. 1187), to modify the

43 USC 485g.

 contractual obligation of the Fort Shaw Irrigation District by deducting from such obligation the amount of the unmatured construction charges as of the date of this Act against five hundred thirty-one and seventy-seven one-hundredths acres classified in a paying class under the Act of May 25, 1926 (44 Stat. 636), and found to be permanently unproductive; and the contractual obligation of the Fort Shaw Irrigation District shall, by reason of a finding that thirty-four and seventy-four one-hundredths acres of land, previously classed as permanently unproductive, possess sufficient productivity to be placed in a paying class, be increased in the sum of $1, 193.67.
Approved June 8, 1962.
Public Law 87–478: Authorizing the issuance of a gold medal to Bob Hope. Public Law 478 Public Law 87–478 76 Stat. 93 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–478
JOINT RESOLUTION Authorizing the issuance of a gold medal to Bob Hope.

June 8, 1962

[S. J. Res. 88]

 Whereas moments enriched by humor are moments free from hate and conflict, and therefore valued by mankind; and Whereas Bob Hope has given to us and to the world many such treasured moments; and Whereas he has done so unstintingly and unselfishly, with heavy demands on his time, talent, and energy; and Whereas his contributions over a long period of years to the morale of millions of members of the United States armed services, in addition to those of our friends and allies, have been of immediate and enduring value; and Whereas these contributions have been made during Christmas and at other times by personal contact in countless miles of travel around the globe, to the farthest outposts manned by American youth, during times of peace and war, often under dangerous conditions and at great personal risk; and Whereas while at home he has given firm and imaginative support to humanitarian causes of every description; and Whereas in all this Bob Hope has rendered an outstanding service to the cause of democracy, as America’s most prized “Ambassador of Good Will” throughout the world: Therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

That the President

Bob Hope.

Medal.

is authorized to present in the name of the people of the United States of America a gold medal of appropriate design to Bob Hope in recognition of his aforesaid services to his country and to the cause of world peace.

The Secretary of the Treasury shall cause such a medal to be struck and furnished to the President. There is hereby authorized to be

Appropriation.

appropriated the sum of $2,560 for this purpose.
Approved June 8, 1962.
Public Law 87–479: Permitting the Secretary of the Interior to continue to deliver water to lands in the Third Division, Riverton Federal reclamation project, Wyoming. Public Law 479 Public Law 87–479 76 Stat. 94 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 94 Public Law 87–479
JOINT RESOLUTION Permitting the Secretary of the Interior to continue to deliver water to lands in the Third Division, Riverton Federal reclamation project, Wyoming.

June 8, 1962

[S. J. Res. 151]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Interior Dept. Riverton Federal reclamation project, Wyo.
That pending completion of a repayment contract the Secretary of the Interior is authorized to continue to deliver water to the lands in the Third Division, Riverton Federal reclamation project, Wyoming, during the calendar year 1962, as under the provisions of section 9, subsection (d)(1), of the Reclamation Project Act of 1939 (53 Stat. 1187, 1195; 43 U.S.C. 485h(d)) but without regard to the time limitation therein specified. Water shall be furnished upon individual applications accompanied by payments of an amount per acre to be irrigated equal to the estimated average per irrigable acre cost of operation and maintenance of the Third Division, whether or not all of the irrigable area is irrigated. Rates of charge for water delivery shall be $4 per acre for the first three acrefeet per acre with water in excess of that amount at $2 per acre-foot. The portion of the operation and maintenance costs applicable to lands for which water service is not requested is hereby declared to be nonreimbursable and nonreturnable.
Approved June 8, 1962.
Public Law 87–480: To amend title 10, United States Code, to permit disbursing officers of an armed force to entrust funds to other officers of an armed force. Public Law 480 Public Law 87–480 76 Stat. 94 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–480
AN ACT To amend title 10, United States Code, to permit disbursing officers of an armed force to entrust funds to other officers of an armed force.

June 8, 1962

[H. R. 8570]

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

Armed Forces.

Disbursing officers.

Advance of funds; accountability.

10 USC 2771–2773.
That title 10, United States Code, is amended as follows: (1) Chapter 165 is amended— (A) by adding the following new section at the end thereof:
“§2773. Accountability for public money: disbursing officers; agent officers “Under such regulations as the Secretary concerned may prescribe, any officer of an armed force accountable for public money may entrust it to another officer of an armed force to make disbursement as his agent. Both the officer to whom money is entrusted under this section, and the officer who entrusts the money to him, are pecuniarily responsible for that money to the United States. Regulations prescribed under this section by the Secretaries of the military departments must be approved by the Secretary of Defense.”; and
(B) by adding the following new item at the end of the analysis: “2773. (2)

Repeal.

10 USC 4831–4840.

 Section 4833 is repealed. (3) The analysis of chapter 453 is amended by striking out the following item: “4833. (4)

Repeal.

10 USC 9831–9840.

 Section 9833 is repealed. (5) The analysis of chapter 953 is amended by striking out the following item: “9833.
Approved June 8, 1962.
Public Law 87–481: To authorize an adequate White House Police force, and for other purposes. Public Law 481 Public Law 87–481 76 Stat. 95 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 95 Public Law 87–481
AN ACT To authorize an adequate White House Police force, and for other purposes.

June 8, 1962

[H. R. 11261]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 202

White House Police force.

Increase.

62 Stat. 680.

 of title 3 of the United States Code is amended to read as follows:
“§202. White House Police; establishment, control, and supervision; privileges, powers, and duties “There is hereby created and established a permanent police force, to be known as the ‘White House Police’. Such force shall be under the control and supervision of the Secretary of the Treasury and shall perform such duties as the Secretary may prescribe in connection with the protection of the following: (1) the Executive Mansion and grounds in the District of Columbia; (2) any building in which White House offices are located; and (3) the President and members of his immediate family. The members of such force shall possess privileges and powers similar to those of the members of the Metropolitan Police of the District of Columbia.”
Sec. 2. The first sentence of subsection (a) of section 203 of title 3 of the United States Code is amended by striking out “one hundred

66 Stat. 283.

 and seventy” and inserting in lieu thereof “two hundred and fifty”.
Approved June 8, 1962.
Public Law 87–482: To grant constructive service to members of the Coast Guard Women’s Reserve for the period from Jul y 25, 1947, to November 1, 1949. Public Law 482 Public Law 87–482 76 Stat. 95 1962-06-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–482
AN ACT To grant constructive service to members of the Coast Guard Women’s Reserve for the period from Jul y 25, 1947, to November 1, 1949.

June 12, 1962

[H. R. 4783]

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

Coast Guard.

Women’s Reserve, constructive service.

 was a member of the Coast Guard Women’s Reserve and who served on active duty therein for at least one year prior to July 25, 1947; who was separated therefrom under honorable conditions; and who also had membership therein for any period between November 1, 1949, and July 1, 1956, shall be deemed to have served on inactive duty with the Coast Guard Women’s Reserve from July 25, 1947, to November 1, 1949, in the grade or rating satisfactorily held on active duty prior to July 25, 1947.
Sec. 2. Creditable constructive service for a person qualified under section 1 hereof shall be applied when providing retirement benefits under the Army and Air Force Vitalization and Retirement Equalization Act of 1948, as amended, or any other Act under which the

62 Stat. 1081; 70A Stat. 678.

 individual may be entitled to retirement from the Armed Forces.
Sec. 3. Additional pay accruing to any person by virtue of increased creditable service resulting from the inclusion of constructive service creditable by application of section 1 hereof shall not be made for active or inactive duty for which pay is authorized by competent authority which is performed prior to the first day of the calendar quarter next succeeding the calendar quarter in which this Act becomes effective.
Approved June 12, 1962.
Public Law 87–483: To authorize the Secretary of the Interior to construct, operate, and maintain the Navajo Indian irrigation project and the initial stage of the San Juan-Chama project as participating projects of the Colorado River storage project, and for other purposes. Public Law 483 Public Law 87–483 76 Stat. 96 1962-06-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 96 Public Law 87–483
AN ACT To authorize the Secretary of the Interior to construct, operate, and maintain the Navajo Indian irrigation project and the initial stage of the San Juan-Chama project as participating projects of the Colorado River storage project, and for other purposes.

June 13, 1962

[S. 107]

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

Navajo Indian irrigation project; San Juan-Chama project.
That, for the purposes of furnishing water for the irrigation of irrigable and arable lands and for municipal, domestic, and industrial uses, providing recreation and fish and wildlife benefits, and controlling silt, and for other beneficial purposes, the Congress approves as participating projects of the Colorado River storage project (Act of April 11, 1956, 70 Stat. 105, as amended, 43 U.S.C. 620–620o) the Navajo Indian irrigation project, New Mexico, and the initial stage of the San Juan-Chama project, Colorado-New Mexico. The Navajo Indian irrigation project and the initial stage of the San Juan-Chama project herein approved are substantially those described in the proposed coordinated report of the Acting Commissioner of Reclamation and the Commissioner of Indian Affairs, approved and adopted by the Secretary of the Interior on October 16, 1957, as conditioned, modified, and limited herein.
navajo indian irrigation project Sec. 2. Pursuant to the provisions of the Act of April 11, 1956,

43 USC 620–620o.

 as amended, the Secretary of the Interior is authorized to construct, operate, and maintain the Navajo Indian irrigation project for the principal purpose of furnishing irrigation water to approximately one hundred and ten thousand six hundred and thirty acres of land, said project to have an average annual diversion of five hundred and eight thousand acrefeet of water and the repayment of the costs of construction thereof to be in accordance with the provisions of said Act of April 11, 1956, as amended, including, but not limited to, section

43 USC 620c.

 4(d) thereof.
Sec. 3. (a) In order to provide for the most economical development of the Navajo Indian irrigation project, the Secretary shall declare

Publication in F. R.

 by publication in the Federal Register that the United States of America holds in trust for the Navajo Tribe of Indians any legal subdivisions or unsurveyed tracts of federally owned land outside the present boundary of the Navajo Indian Reservation in New Mexico in townships 28 and 29 north, ranges 10 and 11 west, and townships 27 and 28 north, ranges 12 and 13 west, New Mexico principal meridian, susceptible to irrigation as part of the project or necessary for location of any of the works or canals of such project: Provided, however, That no such legal subdivision or unsurveyed tract shall be so declared to be held in trust by the United States for the Navajo Tribe until the Navajo Tribe shall have paid the United States the full appraised value thereof: And provided, further, That in making appraisals of such lands the Secretary shall consider their values as of the date of approval of this Act, excluding therefrom the value of minerals subject to leasing under the Act of February 25, 1920, as

41 Stat. 437.

 amended (30 U.S.C. 181–286), and such leasable minerals shall not be held in trust for the Navajo Tribe but shall continue to be subject to leasing under the Act of February 25, 1920, as amended, after the lands containing them have been declared to be held in trust by the United States for the Navajo Tribe. (b) The Navajo Tribe is authorized to convey to the United States, and the Secretary shall accept on behalf of the United States, title to76 Stat. 97 any land or interest in land within the above-described townships, susceptible to irrigation as part of the Navajo Indian irrigation project or necessary for location or any of the works or canals or such project, acquired in fee simple by the Navajo Tribe, and after such conveyance said land or interest in land shall be held in trust by the United States for the Navajo Tribe as apart of the project. (c) The Secretary is authorized to acquire by purchase, exchange,

Land acquisition.

 or condemnation any other land or interest in land within the townships above described susceptible to irrigation as part of the Navajo Indian irrigation project or necessary for location of any of the works or canals of such project . After such acquisition, said lands or interest in lands shall be held by the United States in trust for the Navajo Tribe of Indians.
Sec. 4. In developing the Navajo Indian irrigation project, the Secretary

Capacity.

 is authorized to provide capacity for municipal and industrial water supplies or miscellaneous purposes over and above the diversion requirements for irrigation stated in section 2 of this Act, but such additional capacity shall not be constructed and no appropriation of funds for such construction shall be made until contracts have been executed which, in the judgment of the Secretary, provide satisfactory assurance of repayment of all costs properly allocated to the purposes aforesaid with interest as provided by law.
Sec. 5. Payment of operation and maintenance charges of the irrigation

Operation and maintenance charges.

 features of the Navajo Indian irrigation project shall be in accordance with the provisions of the Act of August 1, 1914 (38 Stat. 582, 583), as amended (25 U.S.C. 385): Provided, That the Secretary may transfer to the Navajo Tribe of Indians the care, operation, and maintenance of all or any part of the project works, subject to such rules and regulations as he may prescribe and, in such event, the Secretary may transfer to the Navajo Tribe title to movable property necessary to the operation and maintenance of those works.
Sec. 6. For the period ending ten years after completion of construction

Water use.

 of the Navajo Indian irrigation project no water from the project shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in section 408(c) of the Agricultural Act of 1949 (63 Stat. 1056, 7 U.S.C. 1428), or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b)(10) of the Agricultural Adjustment Act of 1938 (52 Stat. 41), as amended (7 U.S.C. 1281), unless the Secretary of

7 USC 1301.

 Agriculture calls for an increase in production of such commodity in the interest of national security.
Sec. 7. There are hereby authorized to be appropriated to the Bureau

Appropriation.

 of Indian Affairs such sums as may be required to construct the Navajo Indian irrigation project, including the purchase of lands under section 3, subsection (c), of this Act, but not more than $135,000,000 (June 1961 prices) plus or minus such amounts, if any, as may be required by reason of changes in construction costs as indicated by engineering cost indices applicable to the types of construction involved therein. SAN JUAN-CHAMA RECLAMATION PROJECT (INITIAL STAGE)
Sec. 8. Pursuant to the provisions of the Act of April 11, 1956, as amended, the Secretary is authorized to construct, operate, and

43 USC 620–620o.

 maintain the initial stage of the San Juan-Chama project, Colorado New Mexico, for the principal purposes of furnishing water supplies to approximately thirty-nine thousand three hundred acres of land in the Cerro, Taos, Llano, and Pojoaque tributary irrigation units in the76 Stat. 98 Rio Grande Basin and approximately eighty-one thousand six hundred acres of land in the existing Middle Rio Grande Conservancy District and for municipal, domestic, and industrial uses, and providing recreation and fish and wildlife benefits. The diversion facilities of the initial stage authorized herein shall be so constructed and operated as to divert only natural flow of the Navajo, Little Navajo, and Blanco Rivers in Colorado as set forth in the supplemental project report dated May 1957. The principal engineering works of the initial stage development, involving three major elements, shall include diversion dams and conduits, storage and regulation facilities at the Heron Numbered 4 Reservoir site, enlarged outlet works of the existing El Vado Dam, and water use facilities consisting of reservoirs, dams, canals, lateral and drainage systems, and associated works and appurtenances. The construction of recreation facilities at the Nambe Reservoir shall be contingent upon the Secretary’s making appropriate arrangements with the governing body of the Nambe Pueblo for the operation and maintenance of such facilities, and the construction of recreation facilities at the Heron Numbered 4, Valdez, and Indian Camp Reservoirs shall be contingent upon his making appropriate arrangements with a State or local agency or organization for the operation and maintenance of those facilities: Provided, That— (a)

Conditions.

 the Secretary shall so operate the initial stage of the project authorized herein that diversions to the Rio Grande Valley shall not exceed one million three hundred and fifty thousand acrefeet of water in any period of ten consecutive years, reckoned in continuing progressive series starting with the first day of October after the project shall have commenced operation: Provided, however, That not more than two hundred and seventy thousand acrefeet shall be diverted in any one year; (b) the Secretary shall operate the project so that there shall be no injury, impairment, or depletion of existing or future beneficial uses of water within the State of Colorado, the use of which is within the apportionment made to the State of Colorado by article III of the Upper Colorado River Basin compact, as provided by article IX of the Upper Colorado River Basin compact and article IX of the Rio Grande compact; (c) all W’orks of the project shall be constructed so as to permit compliance physically with all provisions of the Rio Grande compact, and all such works shall be operated at all times in conformity with said compact; (d) the amount of water diverted in the Rio Grande Basin for uses served by the San Juan-Chama project shall be limited in any calendar year to the amount of imported water available to such uses from importation to and storage in the Rio Grande Basin in that year; (e) details of project operation essential to accounting for diverted San Juan and Rio Grande flows shall be developed through the joint efforts of the Rio Grande Compact Commission, the Upper Colorado River Commission, the appropriate agencies of the United States and of the States of Colorado, New Mexico, and Texas, and the various project entities. In this connection the States of Texas and New Mexico shall agree, within a reasonable time, on a system of gaging devices and measurements to secure data necessary to determine the present effects of tributary irrigation, as well as present river channel losses: Provided, That if the State of Texas shall require, as a condition precedent to such agreement, gaging devices and measurements in addition to or different from those considered by the Department of the Interior and the State of New Mexico to be necessary to this76 Stat. 99 determination, the State of Texas shall pay one-half of all costs of constructing and operating such additional or different devices and making such additional or different measurements which are not borne by the United States. The results of the action required by this subsection shall be incorporated in a written report transmitted to the States of Colorado, Texas, and New Mexico for comment in the manner provided in the Flood Control Act of 1944 before any appropriation shall be made for project

58 Stat. 888.

33 USC 701–1.

 construction; (f) the Secretary shall operate the project so that for the preservation of fish and aquatic life the flow of the Navajo River and the flow of the Blanco River shall not be depleted at the project diversion points below the values set forth at page D2–7 of appendix D of the United States Bureau of Reclamation report entitled “San Juan-Chama Project, Colorado-New Mexico”, dated November 1955; (g) the Secretary is hereby authorized to construct the tunnel and conduit works of the initial stage of the San Juan-Chama project with sufficient capacity for future diversion of an average of two hundred and thirty-five thousand acrefeet per annum: Provided, however, That nothing contained in this Act shall be construed as committing the Congress of the United States to future authorization of any additional stage of the San Juan-Chama project.
Sec. 9. For the period ending ten years after completion of construction of the initial stage of the San Juan-Chama project no water from the project shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in section 408(c) of the Agricultural Act of 1949 (63 Stat. 1056, 7 U.S.C. 1428), or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b)(10) of the Agricultural Adjustment Act of 1938 (52 Stat. 41), as amended (7 U.S.C. 1281), unless the Secretary

7 USC 1301.

 of Agriculture calls for an increase in production of such commodity in the interest of national security.
Sec. 10. The amount which section 12 of the Act of April 11, 1956,

Appropriation.

70 Stat. 110.

43 USC 620k.

 authorizes to be appropriated is hereby increased by $85,828,000 (June 1961 prices) plus or minus such amounts, if any, as may be required by reason of changes in construction costs as indicated by engineering cost indices applicable to the types of construction involved, which increase shall be available solely for construction of the San Juan-Chama project and shall not be used for any other purpose.
general Sec. 11. (a)

No person shall have or be entitled to have the use for

Contracts.

any purpose, including uses under the Navajo Indian irrigation project and the San Juan-Chama project authorized by sections 2 and 8 of this Act, of water stored in Navajo Reservoir or of any other waters of the San Juan River and its tributaries originating above Navajo Reservoir to the use of which the United States is entitled under these projects except under contract satisfactory to the Secretary and conforming to the provisions of this Act. Such contracts, which, in the case of water for Indian uses, shall be executed with the Navajo Tribe, shall make provision, in any year in which the Secretary anticipates a shortage, taking into account both prospective runoff originating above Navajo Reservoir and the available water in storage in Navajo Reservoir, for a sharing of the available water in the following man-76 Stat. 100ner: The prospective runoff shall be apportioned between the contractors diverting above and those diverting at or below Navajo Reservoir in the proportion that the total normal diversion requirement of each group bears to the total of all normal diversion requirements. In the case of contractors diverting above Navajo Reservoir, each such contract shall provide for a sharing of the runoff apportioned to said group in the same proportion as the normal diversion requirement under said contract bears to the total normal diversion requirements of all such contracts that have been made hereunder: Provided, That for any year in which the foregoing sharing procedure either would apportion to any contractor diverting above Navajo Reservoir an amount in excess of the runoff anticipated to be physically available at the point of his diversion, or would result in no water being available to one or more such contractors, the runoff apportioned to said O shall be reapportioned, as near as may lie, among the contractors diverting above Navajo Reservoir in the proportion that the normal diversion requirements of each bears to the total normal diversion requirements of the group. In the case of contractors diverting from or below Navajo Reservoir, each such contract shall provide for a sharing of the remaining runoff together with the available storage in the same proportion as then normal diversion requirement under said contract bears to the total normal diversion requirements under all such contracts that have been made hereunder.

The Secretary shall not enter into contracts for a total amount of water beyond that which, in his judgment, in the event of shortage, will result in a reasonable amount being available for the diversion requirements for the Navajo Indian irrigation project and the initial stage of the San Juan-Chama project as specified in sections 2 and 8 of this Act.

No long-term contract, except contracts for the benefit of the lands and for the purposes specified in sections 2 and 8 of this Act, shall be entered into for the delivery of water stored in Navajo Reservoir or of any other waters of the San Juan River and its tributaries, as aforesaid, until the Secretary has determined by hydrologic investigations that sufficient water to fulfill said contract is reasonably likely to be available for use in the State of New Mexico during the term thereof under the allocations made in articles III and XIV of the Upper Colorado River Basin compact, and has submitted such determination to the Congress of the United States and the Congress has approved such contracts: Provided, That nothing contained in the foregoing shall be construed to forbid the Secretary from entering into temporary water supply contracts in the San Juan River Basin for any year in which he determines that water legally available for use in the upper basin of the Colorado River system would otherwise not be used there and is not needed to fulfill the obligations of the upper division States with respect to delivery of water at Lee Ferry.

 (b) If contracts are entered into for delivery from storage in Navajo Reservoir of water not covered by subsection (a) of this section, such contracts shall be subject to the same provision for sharing of available water supply in the event of shortage as in the case of contracts required to be made pursuant to subparagraph (a) of this section. (c)

Limitations.

 This section shall not be applicable to the water requirements of the existing Fruitland, Hogback, Cudai, and Cambridge Indian irrigation projects, nor to the water required in connection with the extension of the irrigated acreages of the Fruitland and Hogback Indian irrigation projects in a total amount of approximately eleven thousand acres.
Sec. 12. (a) None of the project works or structures authorized by this Act shall be so operated as to create, implement, or satisfy any76 Stat. 101 preferential right in the United States or any Indian tribe to the waters impounded, diverted, or used by means of such project works or structures, other than contained in those rights to the uses of water granted to the States of New Mexico or Arizona pursuant to the provisions of the Upper Colorado River Basin compact. (b) The projects authorized by this Act shall be so operated that no waters shall be diverted or used by means of the project works, which, together with all other waters used in or diverted from the San Juan River Basin in New Mexico, will exceed the water available to the States of New Mexico and Arizona under the allocation contained in article III of the Upper Colorado River Basin compact for any water year.
Sec. 13. (a) The use of water, including that diverted from the Colorado River system to the Rio Grande Basin, through works constructed under authority of this Act, Shall be subject to and controlled by the Colorado River compact, the Upper Colorado River Basin compact, the Boulder Canyon Project Act, the Boulder Canyon

45 Stat. 1057; 54 Stat. 774; 70 Stat. 105.

43 USC 617t. 618o, 620–620o.

59 Stat. 1219.

 Project Adjustment Act, the Colorado River Storage Project Act, and the Mexican Water Treaty (Treaty Series 994), and shall be included within and shall in no way increase the total quantity of water to the use of which the State of New Mexico is entitled and limited under said compacts, statutes, and treaty, and every contract entered into under this Act for the storage, use, and delivery of such water shall so recite. (b) All works constructed under authority of this Act, and all officers, employees, permittees, licensees, and contractees of the United States and of the State of New Mexico acting pursuant thereto and all users and appropriators of water of the Colorado River system diverted or delivered through the works constructed under authority of this Act and any enlargements or additions thereto shall observe and be subject to said compacts, statutes, and treaty, as hereinbefore provided, in the diversion, delivery, and use of water of the Colorado River system, and such condition and covenant shall attach as a matter of law whether or not set out or referred to in the instrument evidencing such permit, license, or contract and shall be deemed to be for the benefit of and be available to the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming and the users of water therein or thereunder by way of suit, defense, or otherwise in any litigation respecting the waters of the Colorado River system. (c) No right or claim of right to the use of the waters of the Colorado River system shall be aided or prejudiced by this Act, and Congress does not, by its enactment, construe or interpret any provision of the Colorado River compact, the Upper Colorado River Basin compact, the Boulder Canyon Project Act, the Boulder Canyon Project Adjustment Act, the Colorado River Storage Project Act, or the Mexican Water Treaty or subject the United States to, or approve or disapprove any interpretation of, said compacts, statutes, or treaty, anything in this Act to the contrary notwithstanding.
Sec. 14. In the operation and maintenance of all facilities under the jurisdiction and supervision of the Secretary of the Interior authorized by this Act, the Secretary is directed to comply with the applicable Ê revisions of the Colorado River compact, the Upper Colorado River Basin compact, the Boulder Canyon Project Act, the Boulder Canyon Project Adjustment Act, the Colorado River Storage Project Act and the treaty with the United Mexican States in the storage and release of water from reservoirs in the Colorado River Basin. In the event of the failure of the Secretary of the Interior to so comply, any State of the Colorado River Basin may maintain an action in the Supreme Court of the United States to enforce the provisions of this section,76 Stat. 102 and consent is given to the joinder of the United States as a party in such suit or suits, as a defendant or otherwise.
Sec. 15. The Secretary of the Interior is directed to continue his studies of the quality or water of the Colorado River system, to appraise its suitability for municipal, domestic, and industrial use and for irrigation in the various areas in the United States in which it is used or proposed to be used, to estimate the effect of additional developments involving its storage and use (whether heretofore authorized or contemplated for authorization) on the remaining water available for use in United States, to study all possible means of improving the quality of such water and of alleviating the ill effects of water of poor

Report to Congress.

 quality, and to report the results of his studies and estimates to the Eighty-seventh Congress and every two years thereafter.
Sec. 16. (a) The diversion of water for either or both of the projects authorized in this Act shall in no way impair or diminish the obligation of the “States of the upper division” as provided in article III (d) of the Colorado River compact “not to cause the flow of the river at Lee Ferry to be depleted below an aggregate of seventy-five million acrefeet for any period of ten consecutive years reckoned in continuing progressive series beginning with the first day of October next succeeding the ratification of this compact”. (b) The diversion of water for either or both of the projects authorized in this Act shall in no way impair or diminish the obligation of the “States of the upper division” to meet their share of the Mexican Treaty burden as provided in article III(c) of the Colorado River compact.
Sec. 17.

70 Stat. 110.

43 USC 620k.

 Section 12 of the Act of April 11, 1956, shall not apply to the works authorized by this Act except as otherwise provided by section 10 of this Act.
Sec. 18.

70 Stat. 105.

43 USC 620–620o.

 The Act of April 11, 1956, as amended, is hereby further amended as follows: (i) In section 1, subsection (2), after the words “Central Utah (initial phase)” delete the colon and insert in lieu thereof a comma and the words “San Juan-Chama (initial stage),” and after the word “Lyman” insert the words “Navajo Indian,”; (ii) in section 2 delete the words “San Juan-Chama, Navajo,” from the first sentence; (iii) in section 5, subsection (e), in the phrase “herein or hereinafter authorized” delete the word “hereinafter” and insert in lieu thereof the word “hereafter”; (iv) in section 7 in the phrase “and any contract lawfully entered unto under said compacts and Acts” delete the word “unto” and insert in lieu thereof the word “into”.
Approved June 13, 1962, 11:15 a.m.
Public Law 87–484: To amend title 30 of the United States Code to provide for additional writing or printing on third and fourth class mail. Public Law 484 Public Law 87–484 76 Stat. 102 1962-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–484
AN ACT To amend title 30 of the United States Code to provide for additional writing or printing on third and fourth class mail.

June 15, 1962

[H. R. 7559]

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

Postal Service.

Third and fourth class mail.

74 Stat. 676.
That the present section 4555 of title 39, United States Code, be designated subparagraph (a) and a new subparagraph (b) be added as follows: “(b) There may be enclosed with, attached to, or endorsed upon third and fourth class mail, either in writing or otherwise, the instructions and directions for the use thereof.”
Approved June 15, 1962.
Public Law 87–485: Deferring until July 15, 1962, the Issuance of a proclamation with respect to a national wheat acreage allotment. Public Law 485 Public Law 87–485 76 Stat. 103 1962-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 103 Public Law 87–485
JOINT RESOLUTION Deferring until July 15, 1962, the Issuance of a proclamation with respect to a national wheat acreage allotment.

June 15, 1962

[S. J. Res. 198]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That, notwithstanding any

Wheat.

Ante, p. 69.

 other provisions of law, the Secretary of Agriculture may defer until July 15, 1962, any proclamation under section 332 of the Agricultural Adjustment Act of 1938, as amended, with respect to a national acreage

68 Stat. 903.

7 USC 1332.

 allotment for the 1963 crop of wheat and any proclamation under section 335 of such

52 Stat. 54.

7 USC 1335.

 Act with respect to marketing quotas for such crop of wheat.
Approved June 15, 1962.
Public Law 87–486: To amend section 2385 of title 18 of the United States Code to define the term “organize” as used in that section. Public Law 486 Public Law 87–486 76 Stat. 103 1962-06-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–486
AN ACT To amend section 2385 of title 18 of the United States Code to define the term “organize” as used in that section.

June 19, 1962

[H. R. 3247]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2385 pf title 18 of the United States Code is amended by adding at the end

62 Stat. 808.

 thereof the following new paragraph:

“As used in this section, the terms ‘organizes’ and ‘organize’, with

“Organize.”

respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.”
Approved June 19, 1962.
Public Law 87–487: To amend title 39 of the United States Code to provide for payment for unused compensatory time owing to deceased postal employees, and for other purposes. Public Law 487 Public Law 87–487 76 Stat. 103 1962-06-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–487
AN ACT To amend title 39 of the United States Code to provide for payment for unused compensatory time owing to deceased postal employees, and for other purposes.

June 19, 1962

[H. R. 7061]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 3573

Postal employees.

Compensatory time.

74 Stat. 651.

 of title 39, United States Code, is amended by adding at the end thereof a new paragraph (5), as follows: “(5) If an employee is entitled under this section to unused compensatory time at the time of his death, the Postmaster General shall pay at the rate prescribed in this section, but not less than a sum equal to the employee’s hourly basic compensation, for each hour of such unused compensatory time to the person or persons surviving at the date of such employee’s death. Such payment shall be made in the order of precedence prescribed in the first section of the Act of August 3, 1950 (5 U.S.C. 61f), and shall

64 Stat. 395.

 be a bar to recovery by any other person of amounts so paid.”.
Approved June 19, 1962.
Public Law 87–488: To amend section 204 of the Agricultural Act of 1956. Public Law 488 Public Law 87–488 76 Stat. 104 1962-06-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 104 Public Law 87–488
AN ACT To amend section 204 of the Agricultural Act of 1956.

June 19, 1962

[H. R. 10788]

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

Textile imports.

Regulations.

70 Stat. 200.

7 USC 1854.
That section 204 of the Agricultural Act of 1956 is amended by inserting the following after the first sentence thereof: “In addition, if a multilateral agreement has been or shall be concluded under the authority of this section among countries accounting for a significant part of world trade in the articles with respect to which the agreement was concluded, the President may also issue, in order to carry out such an agreement, regulations governing the entry or withdrawal from warehouse of the same articles which are the products of countries not parties to the agreement.”
Approved June 19, 1962.
Public Law 87–489: To authorize the Bureau of the Census to make appropriate reimbursements between the respective appropriations available to the Bureau, and for other purposes. Public Law 489 Public Law 87–489 76 Stat. 104 1962-06-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–489
AN ACT To authorize the Bureau of the Census to make appropriate reimbursements between the respective appropriations available to the Bureau, and for other purposes.

June 19, 1962

[H. R. 7416]

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

Census Bureau.

Reimbursements between appropriations.

68 Stat. 1012.

13 USC 1–13.
That (a) subchapter I of chapter I of title 13, United States Code, is amended by adding at the end of such subchapter the following new section:
“§14. Reimbursement between appropriations “Subject to limitations applicable with respect to each appropriation concerned, each appropriation available to the Bureau may be charged, at any time during a fiscal year, for the benefit of any other appropriation available to the Bureau, for the purpose, of financing the procurement of materials and services, or financing activities or other costs, for which funds are available both in the financing appropriation so charged and in the appropriation so benefited; except that such expenses so financed shall be charged on a final basis, as of a date not later than the close of such fiscal year, to the appropriation so benefited, with appropriate credit to the financing appropriation.”.
(b) The fable of contents of such subchapter I is amended by adding “14.

immediately below

“13.
Sec. 2.

Effective date.

 The amendments made by the first section of this Act shall be effective with respect to each fiscal year which begins on or after
Approved June 19, 1962.
Public Law 87–490: To amend the Bretton Woods Agreements Act to authorize the United States to participate in loans to the International Monetary Fund to strengthen the international monetary system. Public Law 490 Public Law 87–490 76 Stat. 105 1962-06-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 105 Public Law 87–490
AN ACT To amend the Bretton Woods Agreements Act to authorize the United States to participate in loans to the International Monetary Fund to strengthen the international monetary system.

June 19, 1962

[H. R. 10162]

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

Bretton Woods Agreements Act, amendment.

59 Stat. 512; 73 Stat. 80.

 Woods Agreements Act, as amended (22 U.S.C. 286–286k–1), is amended by adding at the end thereof the following new sections:
“Sec. 17. (a) In order to carry out the purposes of the decision of January 5, 1962, of the Executive Directors of the International Monetary Fund, the Secretary of the Treasury is authorized to make loans, not to exceed $2,000,000,000 outstanding at any one time, to the Fund under article VII, section 2(i), of the Articles of Agreement of the Fund. Any loan under the authority granted in this subsection shall be made with due regard to the present and prospective balance of payments and reserve position of the United States. “(b) For the purpose of making loans to the International Monetary

Appropriation.

 Fund pursuant to this section, there is hereby authorized to be appropriated $2,000,000,000, to remain available until expended to meet calls by the International Monetary Fund. Any payments made to the United States by the International Monetary Fund as a repayment on account of the principal of a loan made under this section shall continue to be available for loans to the International Monetary Fund. “(c) Payments of interest and charges to the United States on account of any loan to the International Monetary Fund shall be covered into the Treasury as miscellaneous receipts. In addition to the amount authorized in subsection (b), there is hereby authorized to be appropriated such amounts as may be necessary for the payment of charges in connection with any purchases of currencies or gold by the United States from the International Monetary Fund.
“Sec. 18. Any purchases of currencies or gold by the United States

Currencies or gold purchases, transfer.

 from the International Monetary Fund may be transferred to and administered by the fund established by section 10 of the Gold Reserve Act of 1934, as amended (31 U.S.C. 822a), for use in accordance with

48 Stat. 341.

 the provisions of that section. The Secretary of the Treasury is authorized to utilize the resources of that fund for the purpose of any repayments in connection with such transactions.”
Sec. 2. The last sentence of section 7(c) of the Bretton Woods

Special notes.

59 Stat. 514.

 Agreements Act (22 U.S.C. 286e) is amended to read as follows: “The face amount of special notes issued to the Fund under the authority of this subsection and outstanding at any one time shall not exceed in the aggregate the amount of the subscription of the United States actually paid to the Fund and the dollar equivalent of currencies and gold which the United States shall have purchased from the Fund m accordance with the Articles of Agreement, and the face amount of such notes issued to the Bank and outstanding at any one time shall not exceed in the aggregate the amount of the subscription of the United States actually paid to the Bank under article II, section 7(i), of the Articles of Agreement of the Bank.”
Approved June 19, 1962.
Public Law 87–491: To amend title 39 of the United States Code with respect to the transportation of mail by highway post office service, and for other purposes. Public Law 491 Public Law 87–491 76 Stat. 106 1962-06-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 106 Public Law 87–491
AN ACT To amend title 39 of the United States Code with respect to the transportation of mail by highway post office service, and for other purposes.

June 19, 1962

[H. R. 6695]

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

Postal Service.

Highway post office contracts.

74 Stat. 695.
That subsections (b) and (c) of section 6352 of title 39, United States Code, are amended to read as follows: “(b) The Postmaster General in contracts for highway post office service may provide for— “(1) increasing or decreasing the mileage; “(2) the addition of new route segments if the original route and the new segment to be so added have at least one common terminus point; “(3) increasing or decreasing the hours of service required; “(4) other service changes; “(5) the readjustment and compensation either upward or downward to reflect the service changes and increased or decreased costs attributable to changed conditions occurring during the contract term over which the Postmaster General or the contractor have no control and which could not reasonably have been foreseen at the time the original bid was made or the proposal for renewal filed; “(6) the imposition or remission of fines and penalties by the Postmaster General for delinquencies in the performance of the contracts; and “(7) other matters deemed appropriate by him. “(c)

Alteration or renewal.

 If the Postmaster General determines highway post office service is no longer required on a route already under contract, the Postmaster General may, in his discretion, and with the consent of the highway post office contractor, alter the existing highway post office contract to permit the substitution of star route service in lieu of highway post office service for the remainder of the contract period at a rate which shall be determined by negotiation, taking into consideration the nature and extent of the star route service and other pertinent factors, but which shall not be in excess of the rate being paid under such existing highway post office contract. The Postmaster General is authorized to extend or renew said contracts for substituted star route service for successive periods of not more than four years at the rate of compensation prevailing at the end of the

74 Stat. 701.

 preceding contract term. The provisions of section 6420 of this title shall not apply to the contracts altered or renewed pursuant to the authority conferred by this subsection. “(d)

Cancellation.

 If the Postmaster General shall cancel any contract for highway post office service, he shall make the following indemnities on account of such cancellation: “(1) not in excess of one-twelfth of the compensation which would have been earned in one year if the service discontinued had been performed; and “(2) an equitable allowance on account of any vehicle made surplus resulting from such discontinuance of the service. The equitable allowance shall be equal to one-half of the difference between the depreciated value which the vehicle made surplus had as of the time it was first used to perform the contract and the sum of (A) depreciation which occurs during the performance of the contract and (B) the proceeds realized by the sale or disposal of the vehicle made surplus by discontinuation of the service. For76 Stat. 107 the purposes of determining depreciated value as of the time that the vehicle was first used in the performance of the contract and the depreciation which occurs during the performance of the contract, such vehicle will be deemed to have a service life of seventy-two months and such vehicle will be deemed to uniformly depreciate one seventy-second of its original sales price for each month. “(e) If a contract is altered pursuant to subsection (c), the contractor shall not be entitled to either the indemnity or to the equitable allowance provided either in subsection (d) or by terms of his contract.”
Approved June 19, 1962.
Public Law 87–492: To authorize the Secretary of Agriculture to permit certain property to be used for State forestry work, and for other purposes. Public Law 492 Public Law 87–492 76 Stat. 107 1962-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–492
AN ACT To authorize the Secretary of Agriculture to permit certain property to be used for State forestry work, and for other purposes.

June 25, 1962

[H. R. 9736]

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

Agriculture.

Forest tree nursery facilities, transfer to States.

 recognizes that for many years the United States and certain States have cooperated in the production of tree planting stock for use in the reforestation of the public and private lands of the Nation; that the program of production of tree planting stock which was initiated and pursued tinder the Soil Bank Act (7 U.S.C. 1801 et seq.) was

70 Stat. 188.

 carried on under written agreements which provided for (a) cooperation between the Forest Service, on behalf of the United States, and the States which participated in the program, (b) payments to said States for costs and expenses incurred in the development of nursery facilities, (c) the holding of such funds by the States in trust for the purpose of carrying out the provisions of said agreements, and (d) restoration to the trust fund of an amount equal to the residual value of any supplies, materials, equipment, or improvements acquired or constructed with trust funds and transferred to State forestry work other than the soil bank program; that such program under said Soil Bank Act has been discontinued, but the need for the trees continues to be great; that the States and Federal Government are cooperating in the procurement, production, and distribution of forest-tree seeds and plants under section 4 of the Clarke-McNary Act of June 7, 1924 (16 U.S.C. 567), and in the reforestation of lands under title IV of

63 Stat. 909.

70 Stat. 207.

 the Agricultural Act of 1956 (16 U.S.C. 568e–g); and that said participating States need the said supplies, materials, equipment, or improvements for use in connection with their respective forestry programs, and it is in the public interest to permit these States to use said property without the requirement that payment be made for the residual value thereof.
Sec. 2. For the purpose of assisting those States which participated in the program carried on under the Soil Bank Act in continuing the production of needed tree planting stock and in other forestry programs, the Secretary of Agriculture is authorized to permit any supplies, materials, equipment, or improvements acquired or constructed with trust funds under the agreements referred to in section 1 to be used in such State forestry work as may further the objectives of related Federal programs, as he may approve, without the requirement that any payment be made by the State into the trust funds.
Approved June 25, 1962.
Public Law 87–493: To provide for the conveyance of all right, title, and interest of the United States in a certain tract of land in Jasper County, Georgia, to the Jasper County Board of Education. Public Law 493 Public Law 87–493 76 Stat. 108 1962-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 108 Public Law 87–493
AN ACT To provide for the conveyance of all right, title, and interest of the United States in a certain tract of land in Jasper County, Georgia, to the Jasper County Board of Education.

June 25, 1962

[H. R. 4939]

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

Jasper County, Ga.

Land conveyance.

That upon the written consent of the Georgia Development Authority, a public corporation organized and existing under the laws of the State of Georgia, the United States of America, acting through the Administrator of the Farmers Home Administration, is authorized and directed to convey by quitclaim deed to the Board of Education of Jasper County, State of Georgia, its successors and assigns, at fair market value, all of the right, title, and interest retained by the United States of America in its quitclaim deed to the Board of Education of Jasper County, Georgia, dated the 26th day of April 1940, and recorded on the 18th day of June 1940, in deed recorded in book A–6, pages 160, 161, and 162, in the office of the clerk of the superior court of Jasper County, Georgia, covering a tract of land containing 42.65 acres, more or less, in Jasper County, Georgia, and more particularly described as follows:

Beginning at the point of intersection of the northern right-of-way line of Benton Road with the eastern right-of-way line of road “A” and running along the eastern right-of-way line of said road “A” north 44 degrees 52 minutes east 1,384.33 feet to the point of curvature of a curve to the right having a degree of curvature of 22 degrees 00 minutes; Thence, along the said curve through the arc whose chord is north 55 degrees 40 minutes 30 seconds east 99.22 feet to a point of tangency; thence along said eastern right-of-way line north 66 degrees 37 minutes east 632.90 feet; thence, leaving said right-of-way line south 12 degrees 05 minutes east for a distance of 891.10 feet; thence south 34 degrees 28 minutes west 1,290.76 feet to a point on the northern right-of-way line of Benton Road; Thence, along said northern right-of-way line north 63 degrees 28 minutes west 271.25 feet to the point of curvature of a curve to the right, having a degree of curvature of 04 degrees 04 minutes; thence along said curve through the arc whose chord is north 61 degrees 57 minutes west 74.52 feet to a point of tangency; thence north 60 degrees 26 minutes west 392.32 feet to the point of curvature of a curve to the right, having a degree of curvature of 04 degrees 04 minutes; Thence along said curve through the arc whose chord is north 58 degrees 13 minutes west 108.90 feet to a point of tangency; thence north 56 degrees 00 minutes west 426.48 feet to the point of beginning; all of which is more clearly shown on a plat thereof prepared by the United States Department of Agriculture, Farm Security Administration, dated March 17, 1938 and revised November 14, 1939, and designated as plan numbered 3003–PP, together with all buildings and other improvements thereon, including all equipment of whatsoever nature therein.
Approved June 25, 1962.
Public Law 87–494: To amend section 6 of the Agricultural Marketing Act, as amended, to reduce the revolving fund available for subscriptions to the capital stock of the banks for cooperatives. Public Law 494 Public Law 87–494 76 Stat. 109 1962-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 109 Public Law 87–494
AN ACT To amend section 6 of the Agricultural Marketing Act, as amended, to reduce the revolving fund available for subscriptions to the capital stock of the banks for cooperatives.

June 25, 1962

[H. R. 10374]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 6 of

Agricultural Marketing Act, amendment.

Revolving fund, reduction.

46 Stat. 14.

 the Agricultural Marketing Act, as amended (12 U.S.C. 1141d), is amended by adding the following sentence at the end thereof: “Effective upon enactment of this sentence the sum authorized to be appropriated for the aforesaid revolving fund is reduced from $500,000,000 to $150,000,000 and any amount in said fund in excess of $150,000,00(1 (including any amount thereof used to purchase capital stock in the central and regional banks for cooperatives) shall be credited to miscellaneous receipts of the Treasury.”
Approved June 25, 1962.
Public Law 87–495: To reduce the frequency of reports required of the Veterans’ Administration on the use of surplus dairy products. Public Law 495 Public Law 87–495 76 Stat. 109 1962-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–495
AN ACT To reduce the frequency of reports required of the Veterans’ Administration on the use of surplus dairy products.

June 25, 1962

[H. R. 4083]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the last sentence of section 202(a) of the Agricultural Act of 1949, as amended (7 U.S.C. 1446a(a)), is amended by striking out “monthly” and inserting

68 Stat. 900; 75 Stat. 319.

 in lieu thereof “every six months”.
Approved June 25, 1962.
Public Law 87–496: To amend title 39 of the United States Code relating to funds received by the Post Office Department from payments for damage to personal property, and for other purposes. Public Law 496 Public Law 87–496 76 Stat. 109 1962-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–496
AN ACT To amend title 39 of the United States Code relating to funds received by the Post Office Department from payments for damage to personal property, and for other purposes.

June 25, 1962

[H. R. 7532]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2203

Postal Service.

Reimbursement of appropriations.

74 Stat. 595.

 of title 39 of the United States Code is amended by adding at the end thereof the following new subsection: “(c) Collections from the following shall be credited by the Postmaster General to current applicable appropriations of the Department and shall be available for expenditure for the purpose of such applicable appropriations— “(1) Payments for damage to Government-owned personal property under custody and control of the Department; “(2) Rent paid by private concerns for space in buildings acquired by the Department under the provisions of sections 2102 and 2103 of this title; “(3) Payments made by contractors for services performed for them by postal personnel; and “(4) Fines, penalties, and refunds resulting from nonperformance or inadequate performance of carriers and contractors.”
Approved June 25, 1962.
Public Law 87–497: To continue for a temporary period the existing suspension of duty on certain amorphous graphite. Public Law 497 Public Law 87–497 76 Stat. 110 1962-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 110 Public Law 87–497
AN ACT To continue for a temporary period the existing suspension of duty on certain amorphous graphite.

June 25, 1962

[H. R. 10986]

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

Amorphous graphite.

Duty suspension, continuation.

19 USC 1001, par. 213 note.
That the Act entitled “An Act to suspend for two years the import duty on certain amorphous graphite”, approved May 13, 1960 (Public Law 86–453; 74 Stat. 103), is amended by striking out “during the two-year period beginning on the day after the date of the enactment of this Act” and inserting in lieu thereof “after May 13, 1960, and before July 1, 1964”.
Approved June 25, 1962.
Public Law 87–498: To amend the Poultry Products Inspection Act to extend the application thereof to the Commonwealth of Puerto Rico and the Virgin Islands. Public Law 498 Public Law 87–498 76 Stat. 110 1962-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–498
AN ACT To amend the Poultry Products Inspection Act to extend the application thereof to the Commonwealth of Puerto Rico and the Virgin Islands.

June 25, 1962

[H. R. 7866]

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

Poultry Products Inspection Act, amendment.

21 USC 451–469.

“Commerce.”
That section 4 of the Poultry Products Inspection Act (71 Stat. 441) is amended by striking section 4(a) and inserting in lieu thereof the following: “(a) the term ‘commerce’ means commerce between any State or the District of Columbia, and any place outside thereof; or between points within the same State or the District of Columbia, but through any place outside thereof: or within the District of

•State.”

 Columbia; and the term ‘State’ includes the Commonwealth of Puerto Rico and the Virgin Islands.”
Approved June 25, 1962.
Public Law 87–499: To authorize the Secretary of Agriculture to sell and convey a certain parcel of land to the city of Mount Shasta, California. Public Law 499 Public Law 87–499 76 Stat. 110 1962-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–499
AN ACT To authorize the Secretary of Agriculture to sell and convey a certain parcel of land to the city of Mount Shasta, California.

June 25, 1962

[H. R. 8434]

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

Mount Shasta, Calif.

Land conveyance.

That the Secretary of Agriculture is authorized to sell and convey to the city of Mount Shasta, California, by quitclaim deed, at its appraised value as determined by him, all the right, title, and interest of the United States in and to that certain parcel of land containing four and one-half acres, more or less, located in Siskiyou County, California, adjacent to the city of Mount Shasta, conveyed to the United States by Enrico Spini and Anunzia Spini, and further described as follows:

The south one-half of the southwest quarter of the southwest quarter of the northwest quarter of section 22, township 40 north, range 4 west, Mount Diablo base and meridian, excepting, a strip of land approximately 60 feet wide and approximately 330 feet long on the west side of said tract, deeded to the State of California and used as a State highway right-of-way.
Approved June 25, 1962.
Public Law 87–500: To amend section 306(a) of the Career Compensation Act of 1049 by increasing per diem rates and to provide reimbursement under certain circumstances for actual expenses incident to travel. Public Law 500 Public Law 87–500 76 Stat. 111 1962-06-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 111 Public Law 87–500
AN ACT To amend section 306(a) of the Career Compensation Act of 1049 by increasing per diem rates and to provide reimbursement under certain circumstances for actual expenses incident to travel.

June 27, 1962

[H. R. 7723]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 303(a)

Armed Forces.

Per diem, travel rates, increase.

63 Stat. 813; 69 Stat. 21.

 of the Career Compensation Act of 1949 (63 Stat. 802), as amended (37 U.S.C. 253(a)), is further amended by striking from the last sentence thereof the figure “$12” in clause (2) and inserting in lieu thereof the figure “$16”.
Sec. 2. Section 303(a) is further amended by adding the following new sentence at the end thereof: “Where due to unusual circumstances of a travel assignment the maximum per diem allowance would be less than the amount required to meet the actual and necessary expenses of the trip, reimbursement for such expenses may be authorized, under regulations to be prescribed by the Secretaries concerned, on an actual expense basis, but not to exceed the amount specified in the travel authorization, and in any event not to exceed $30 for each day in a travel status.”
Approved June 27, 1962.
Public Law 87–501: To amend the provisions of title III of the Federal Civil Defense Act of 1950, as amended. Public Law 501 Public Law 87–501 76 Stat. 111 1962-06-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–501
AN ACT To amend the provisions of title III of the Federal Civil Defense Act of 1950, as amended.

June 27, 1962

[H. R. 11743]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 307 of the Federal Civil Defense Act of 1950, as amended (50 U.S.C., app. 2297), is further amended by striking out the date “June 30, 1962”

64 Stat. 1254; 72 Stat. 356.

 and inserting in lieu thereof the date “June 30, 1966”.
Approved June 27, 1962.
Public Law 87–502: To authorize Federal assistance to Guam, American Samoa, and the Trust Territory of the Pacific Islands in major disasters. Public Law 502 Public Law 87–502 76 Stat. 111 1962-06-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–502
AN ACT To authorize Federal assistance to Guam, American Samoa, and the Trust Territory of the Pacific Islands in major disasters.

June 27, 1962

[S. 1742]

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

Disasters.

Aid to Guam, etc.

 (b) and (c) of section 2 of the Act entitled “An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes”, approved September 30, 1950 (64 Stat. 1109), as amended, are amended to read as follows:

42 USC 1855a.

Definitions.

 “(b) ‘United States’ includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. “(c) ‘State’ means any State in the United States, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.”
Sec. 2. Section 3 of the said Act is amended by inserting in clause (d), after the words “replacements of public facilities of” the words

42 USC 1855b.

 “States and”.
Approved June 27, 1962.
Public Law 87–503: To declare that certain land of the United States is held by the United States in trust for the Prairie Band of Potawatomi Indians in Kansas. Public Law 503 Public Law 87–503 76 Stat. 112 1962-06-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 112 Public Law 87–503
AN ACT To declare that certain land of the United States is held by the United States in trust for the Prairie Band of Potawatomi Indians in Kansas.

June 27, 1962

[S. 2893]

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

Indiana.

Potawatomi Tribe, lands.
That, all right, title, and interest of the United States in and to the following described land, and improvements thereon, are hereby declared to be held by the United States in trust for the Prairie Band of Potawatomi Indians in Kansas: Southeast quarter southeast quarter northeast quarter section 21, township 8 south, range 15 east, sixth principal meridian, Kansas, containing 10 acres, more or less.
Approved June 27, 1962.
Public Law 87–504: To authorize the Secretary of the Interior to cooperate with the First World Conference on National Parks, and for other purposes. Public Law 504 Public Law 87–504 76 Stat. 112 1962-06-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–504
AN ACT To authorize the Secretary of the Interior to cooperate with the First World Conference on National Parks, and for other purposes.

June 28, 1962

[S. 2164]

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

First World Conference on National Parks, Seattle, Wash., 1962.
That the Secretary of the Interior is authorized to cooperate with the First World Conference on National Parks, scheduled to be held in Seattle, Washington, in 1962, and in connection therewith he may participate in defraying the expenses of the conference on a matching basis in an amount not to exceed $30,000, the appropriation of which is hereby authorized.
Approved June 28, 1962.
Public Law 87–505: To extend the Defense Production Act of 1950, as amended, and for other purposes. Public Law 505 Public Law 87–505 76 Stat. 112 1962-06-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–505
AN ACT To extend the Defense Production Act of 1950, as amended, and for other purposes.

June 28, 1962

[S. 3203]

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

67 Stat. 131; 74 Stat. 282.

50 USC app. 2166.
That the first sentence of section 717(a) of the Defense Production Act of 1950 is amended by striking out “June 30, 1962” and inserting in lieu thereof “June 30, 1964”.
Approved June 28, 1962.
Public Law 87–506: To amend section 14(b) of the Federal Reserve Act, as amended, to extend for two years the authority of Federal Reserve banks to purchase United States obligations directly from the Treasury. Public Law 506 Public Law 87–506 76 Stat. 112 1962-06-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–506
AN ACT To amend section 14(b) of the Federal Reserve Act, as amended, to extend for two years the authority of Federal Reserve banks to purchase United States obligations directly from the Treasury.

June 28, 1962

[S. 3291]

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

Federal Reserve Act, amendment.

38 Stat. 265; 74 Stat. 295.
That section 14(b) of the Federal Reserve Act, as amended (12 U.S.C. 355) is amended by striking out “July 1, 1962” and inserting in lieu thereof “July 1, 1964” and by striking out “June 30, 1962” and inserting in lieu thereof “June 30, 1964”.
Approved June 28, 1962.
Public Law 87–507: To amend the Act of August 9, 1955, relating to the regulation of fares for the transportation of schoolchildren in the District of Columbia. Public Law 507 Public Law 87–507 76 Stat. 113 1962-06-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 113 Public Law 87–507
AN ACT To amend the Act of August 9, 1955, relating to the regulation of fares for the transportation of schoolchildren in the District of Columbia.

June 28, 1962

[S. 1745]

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

D. C.

School children, transportation fares.

69 Stat. 616.

 “An Act to provide for the regulation of fares for the transportation of schoolchildren in the District of Columbia”, approved August 9, 1955 (D.C. Code, sec. 44–214a), is amended by adding at the end thereof the following new section:
“Sec. 2. If, after giving effect to any and all motor vehicle fuel tax and real estate tax exemptions, the net operating income from mass transportation operations in the District of Columbia of any common carrier required to furnish transportation to schoolchildren at a reduced fare under this Act for any twelve-month period ending August 31 is less than the rate of return established by the regulatory commission having jurisdiction in such carrier’s last rate case, net after all taxes properly chargeable to transportation operations, including but not limited to income taxes, on its gross operating revenues in the District of Columbia, exclusive of any school fare subsidy, then the Washington Metropolitan Area Transit Commission shall, as soon as practicable after such August 31, certify to the Commissioners of the district of Columbia or their designated agent with respect to such twelve-month period: (1) an amount which is the difference between the total of all reduced fares paid to each such carrier by school-children in accordance with this Act and the amount which would have been paid to each such carrier if such fares had been paid at the lowest adult fare established by the Commission for regular route transportation; and (2) an amount which is the amount by which each such carrier’s net operating income from mass transportation operations in the District of Columbia is less than such rate of return established by the appropriate regulatory commission in the carrier’s last rate case, after giving effect to the aforesaid tax exemptions, exclusive of any such school fare subsidy. Upon such certification, the Board of Commissioners of the District of Columbia shall pay to each such carrier an amount equal to the amount certified pursuant to clause (1) thereof; except that in no event shall such amount exceed the amount certified pursuant to clause (2) hereof.”
Sec. 2. The amendment made by the first section of this Act shall

Effective date.

 be applicable with respect to the twelve-month period ending on August 31 next following the date of enactment or this Act, and to each twelve-month period thereafter.
Approved June 28, 1962.
Public Law 87–508: To provide n one-year extension of the existing corporate normal-tax rate and of certain excise-tax rates, and for other purposes. Public Law 508 Public Law 87–508 76 Stat. 114 1962-06-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 114 Public Law 87–508
AN ACT To provide n one-year extension of the existing corporate normal-tax rate and of certain excise-tax rates, and for other purposes.

June 28, 1962

[H. R. 11879]

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

Tax Rate Extension Act of 1962.
That this Act may be cited as the “Tax Rate Extension Act of 1962”.
SEC. 2. ONE-YEAR EXTENSION OF CORPORATE NORMAL-TAX RATE. Section 11(b) (relating to corporate normal tax), section 821(a)(1)(A) (relating to mutual insurance companies other than interinsurers),

75 Stat. 193.

26 USC 11, 821.

 and section 821(b)(1) (relating to interinsurers) of the Internal Revenue Code of 1954 are amended as follows: (1) By striking out “july 1, 1962” each place it appears and inserting in lieu thereof “july 1, 1963”; (2) By striking out “July 1, 1962” each place it appears and inserting in lieu thereof “July 1, 1963”; (3) By striking out “june 30, 1962” each place it appears and inserting in lieu thereof “june 30, 1963”; and (4) By striking out “June 30, 1962” each place it appears and inserting in lieu thereof “June 30, 1963”.
SEC. 3. ONE-YEAR EXTENSION OF CERTAIN EXCISE-TAX RATES. (a) Extension of Rates.— The following provisions of the Internal Revenue Code of 1954 are amended by striking out “July 1, 1962” each place it appears and inserting in lieu thereof “July 1, 1963”— (1)

26 USC 4061–5701.

 section 4061 (relating to motor vehicles); (2) section 4251(b)(2) (relating to termination of tax on general telephone service); (3) section 5001(a)(1) (relating to distilled spirits); (4) section 5001(a)(3) (relating to imported perfumes containing distilled spirits); (5) section 5022 (relating to cordia’s and liqueurs containing wine); (6) section 5041(b) (relating to wines); (7) section 5051(a) (relating to beer); and (8) section 5701(c)(1) (relating to cigarettes). (b) Technical Amendments.— The following provisions of the Internal Revenue Code of 1954 are amended as follows: (1)

26 USC 5063.

 Section 5063 (relating to floor stocks refunds on distilled spirits, wines, cordials, and beer) is amended by striking out “July 1, 1962” each place it appears and inserting in lieu thereof “July 1, 1963”, and by striking out “October 1, 1962” and inserting in lieu thereof “October 1, 1963”. (2)

26 USC 5707.

 Subsections (a) and (b) of section 5707 (relating to floor stocks refunds on cigarettes) are amended by striking out “July 1, 1962” each place it appears and inserting in lieu thereof “July 1, 1963”, and by striking out “October 1, 1962” and inserting in lieu thereof “October 1, 1963”. (3)

26 USC 6412.

 Section 6412(a)(1) (relating to floor stocks refunds on automobiles) is amended by striking out “July 1, 1962” each place it appears and inserting in lieu thereof “July 1, 1963”, by striking out “October 1, 1962” and inserting in lieu thereof “October 1, 1963”, and by striking out “November 10, 1962” each place it appears and inserting in lieu thereof “November 10, 1963”.

26 USC 5701 note.

Section 497 or the Revenue Act of 1951 (relating to refunds on articles from foreign trade zones), as amended, is amended by striking out “July 1, 1962” each place it appears and inserting in lieu thereof “July 1, 1963”.
76 Stat. 115
SEC. 4. EXEMPTION FROM COMMUNICATIONS TAX OF CERTAIN PRIVATE LINE SERVICES USED IN CONDUCT OF TRADE OR BUSINESS. (a) Wire Mileage Service.— Section 4252(e) of the Internal Revenue Code of 1954 (relating to definition of wire mileage service) is

72 Stat. 1290.

26 USC 4252.

 amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: “(1) any telephone or radiotelephone service not used in the conduct of a trade or business, and “(2) any other wire or radio circuit service not used in the conduct of a trade or business,”. (b) General Telephone Service.—Section 4253 of such Code (relating

26 USC 4253.

 to exemptions from the communications tax) is amended by adding at the end thereof the following new subsection: “(j) Certain Private Communications Services.— No tax shall be imposed under section 4251 on any amount paid for the use of any

26 USC 4251.

 telephone or radiotelephone line or channel which constitutes general telephone service (within the meaning of section 4252(a)), if— “(1) such line or channel is furnished between specified locations in different States or between specified locations in different counties, municipalities, or similar political subdivisions of a State, and “(2) such use is in the conduct of a trade or business.” (c) Effective Date.— The amendments made by subsections (a) and (b) shall apply with respect to services furnished on or after January 1, 1963.
SEC. 5. EXTENSION THROUGH NOVEMBER 15, 1962, OF TAX ON TRANSPORTATION OF PERSONS, AND FURTHER EXTENSION OF TAX ON TRANSPORTATION OF PERSONS BY AIR AT 5–PERCENT RATE FOR PERIOD NOVEMBER 16, 1962, THROUGH JUNE 30, 1963. (a) Temporary Extension of Tax.— Section 4261 of the Internal Revenue Code of 1954 (relating to the imposition of tax on the transportation

70 Stat. 644.

26 USC 4261.

 of persons) is amended— (1) by striking out everything after “equal to” in subsections (a) and (b) and inserting in lieu thereof “10 percent of the amount so paid for transportation which begins before November 16, 1962.”; and (2) by striking out everything after “equivalent to” in subsection (c) and inserting in lieu thereof “10 percent of the amount

68A Stat. 506.

 so paid in connection with transportation which begins before November 16, 1962.” (b) Tax Applicable to Transportation of Persons by Air for Period November 16, 1962, to July 1, 1963.— Effective with respect to transportation beginning after November 15, 1962, subchapter C of chapter 33 of such Code (relating to the tax on the transportation of

26 USC 4261–4264.

 persons) is amended to read as follows: “Subchapter C— Transportation of Persons by Air “Sec. 4261. “Sec. 4262. “Sec. 4263. “Sec. 4264.
“SEC. 4261. IMPOSITION OF TAX. “(a) Amounts Paid Within the United States.—There is hereby imposed upon the amount paid within the United States for taxable transportation (as defined in section 4262) of any person by air a tax

Post, p. 116.

 equal to 5 percent of the amount, so paid for transportation which begins after November 15, 1962, and before July 1, 1963. 76 Stat. 116 “(b) Amounts Paid Outside the United States.—There is hereby imposed upon the amount paid without the United States for taxable transportation (as defined in section 4262) of any person by air, but only if such transportation begins and ends in the United States, a tax equal to 5 percent of the amount so paid for transportation which begins after November 15, 1962, and before July 1, 1963. “(c) Seats, Berths, etc.—There is hereby imposed upon the amount paid for seating or sleeping accommodations in connection with transportation with respect to which a tax is imposed by subsection (a) or (b) a tax equivalent to 5 percent of the amount so paid in connection with transportation which begins after November 15, 1962, and before July 1, 1963. “(d)

Post, p. 117.

 By Whom Paid.—Except as provided in section 4264, the taxes imposed by this section shall be paid by the person making the payment subject to the tax.
“SEC. 4262. DEFINITION OF TAXABLE TRANSPORTATION. “(a) Taxable Transportation; in General.— For purposes of this subchapter, except as provided in subsection (b), the term ‘taxable transportation’ means— “(1) transportation which begins in the United States or in the 225-mile zone and ends in the United States or in the 225-mile zone; and “(2) in the case of transportation other than transportation described in paragraph (1), that portion of such transportation which is directly or indirectly from one port or station in the United States to another port or station in the United States, but only if such portion is not a part of uninterrupted international air transportation (within the meaning of subsection (c)(3)). “(b) Exclusion of Certain Travel.— For purposes of this subchapter, the term ‘taxable transportation’ does not include that portion of any transportation which meets all 4 of the following requirements: “(1) such portion is outside the United States; “(2) neither such portion nor any segment thereof is directly or indirectly— “(A) between (i) a point where the route of the transportation leaves or enters the continental United States, or (ii) a port or station in the 225-mile zone, and “(B) a port or station in the 225-mile zone; “(3) such portion— “(A) begins at either (i) the point where the route of the transportation leaves the United States, or (ii) a port or station in the 225-mile zone, and “(B) ends at either (i) the point where the route of the transportation enters the United States, or (ii) a port or station in the 225-mile zone; and “(4) a direct line from the point (or the port or station) specified in paragraph (3)(A), to the point (or the port or station) specified in paragraph (3)(B), passes through or over a point which is not within 225 miles of the United States. “(c) Definitions.— For purposes of this section— “(1) Continental united states.—The term ‘continental United States’ means the District of Columbia and the States other than Alaska and Hawaii. “(2) 225-mile zone.— The term ‘225-mile zone’ means that portion of Canada and Mexico which is not more than 225 miles from the nearest point in the continental United States. 76 Stat. 117 “(3) Uninterrupted international air transportation.— The term ‘uninterrupted international air transportation’ means any transportation by air which is not transportation described in subsection (a)(1) and in which— “(A) the scheduled interval between (i) the beginning or end of the portion of such transportation which is directly or indirectly from one port or station in the United States to another port or station in the United States and (ii) the end or beginning of the other portion of such transportation is not more than 6 hours, and “(B) the scheduled interval between the beginning or end and the end or beginning of any two segments of the portion of such transportation referred to in subparagraph (A)(i) is not more than 6 hours.
“SEC. 4263. EXEMPTIONS. “(a) Commutation Travel, etc.— The tax imposed by section 4261

Ante, p. 115.

 shall not apply to amounts paid for transportation which do not exceed 60 cents, to amounts paid for commutation or season tickets for single trips of less than 30 miles, or to amounts paid for commutation tickets for one month or less. “(b) Certain Organizations.—The tax imposed by section 4261 shall not apply to the payment for transportation or facilities furnished to an international organization, or any corporation created by Act of Congress to act in matters of relief under the treaty of Geneva of August 22, 1864.

22 Stat. 940.

 “(c) Members of the Armed Forces.—The tax imposed by section 4261 shall not apply to the payment for transportation or facilities furnished under special tariffs providing for fares of not more than 2.5 cents per mile applicable to round-trip tickets sold to personnel of the United States Army, Air Force, Navy, Marine Corps, and Coast Guard traveling in uniform of the United States at their own expense when on official leave, furlough, or pass, including authorized cadets and midshipmen, issued on presentation of properly executed certificate. “(d) Small Aircraft on Nonestablished Lines.— The tax imposed by section 4261 shall not apply to transportation by aircraft having— “(1) a gross takeoff weight (as determined under regulations prescribed by the Secretary or his delegate) of less than 12,500 pounds, and “(2) a passenger seating capacity of less than ten adult passengers, including the pilot, except when such aircraft is operated on an established line.
“SEC. 4264. SPECIAL RULES. “(a) Payments Made Outside the United States for Prepaid Orders.— If the payment upon which tax is imposed by section 4261 is made outside the United States for a prepaid order, exchange order, or similar order, the person furnishing the initial transportation pursuant to such order shall collect the amount of the tax. “(b) Tax Deducted Upon Refunds.—Every person who refunds any amount with respect to a ticket or order which was purchased without payment of the tax imposed by section 4261 shall deduct from76 Stat. 118 the amount refundable, to the extent available, any tax due under such section as a result of the use of a portion of the transportation purchased in connection with such ticket or order, and shall report to the Secretary or his delegate the amount of any such tax remaining uncollected. “(c)

Ante, p. 115.

 Payment of Tax.—Where any tax imposed by section 4261 is not paid at the time payment for transportation is made, then, under regulations prescribed by the Secretary or his delegate, to the extent that such tax is not collected under any other provision of this subchapter— “(1) such tax shall be paid by the person paying for the transportation or by the person using the transportation; “(2) such tax shall be paid within such time as the Secretary or his delegate shall prescribe by regulations after whichever of the following first occurs: “(A) the rights to the transportation expire; or “(B) the time when the transportation becomes subject to tax; and “(3) payment of such tax shall be made to the Secretary or his delegate, to the person to whom the payment for transportation was made, or, in the case of transportation

Ante, p. 116.

 other than transportation described in section 4262(a)(1), to any person furnishing any portion of such transportation. “(d) Application of Tax.—The tax imposed by section 4261 shall apply to any amount paid within the United States for transportation of any person by air unless the taxpayer establishes, pursuant to regulations prescribed by the Secretary or his delegate, at the time of payment for the transportation, that the transportation is not transportation in respect of which tax is imposed by section 4261. “(e) Round Trips.—In applying this subchapter to a round trip, such round trip shall be considered to consist of transportation from the point of departure to the destination, and of separate transportation thereafter. “(f) Transportation Outside the Northern Portion of the Western Hemisphere.—In applying this subchapter to transportation any part of which is outside the northern portion of the. Western Hemisphere, if the route of such transportation leaves and reenters the northern portion of the Western Hemisphere, such transportation shall be considered to consist of transportation to a point outside such northern portion, and of separate transportation thereafter. For purposes of this subsection, the term ‘northern portion of the Western femisphere’ means the area lying west of the 30th meridian west of Greenwich, east of the international dateline, and north of the Equator, but not including any country of South America.”
(c) Conforming Amendments.— (1)

26 USC prec. 4261.

 The table of subchapters for chapter 33 of such Code is amended by striking out “Subchapter C.

and inserting in lieu thereof

“Subchapter C. (2)

70 Stat. 394.

26 USC 6421.

 Section 6421 of such Code (relating to gasoline used for certain nonhighway purposes or by local transit systems) is amended as follows: (A) Subsection (b) (relating to use by local transit systems) is amended— 76 Stat. 119 (i) by striking out “tax-exempt passenger fare revenue” and inserting in lieu thereof “commuter fare revenue” each place it appears therein; and (ii) by striking out “(not including the tax imposed by section 4261, relating to the tax on transportation of persons)” each place it appears therein. (B) Subsection (d)(2) (defining tax-exempt passenger fare revenue) is amended to read as follows: “(2) Commuter fare revenue.— The term ‘commuter fare revenue’ means revenue attributable to fares derived from the transportation of persons and attributable to— “(A) amounts paid for transportation which do not exceed 60 cents, “(B) amounts paid for commutation or season tickets for single trips of less than 30 miles, or “(C) amounts paid for commutation tickets for one month or less.” (3) Section 6416(b)(2)(H) of such Code (relating to special

72 Stat. 1306.

26 USC 6416.

 cases in which tax payments considered overpayments for credit or refund purposes) is amended— (A) by striking out “tax-exempt passenger fare revenue” and inserting in lieu thereof “commuter fare revenue”; and (B) by striking out “(not including the tax imposed by section 4261, relating to the tax on transportation of persons) ”. (d) Effective Dates.—The amendment made by subsection (c)(1) shall apply only with respect to transportation beginning after November 15, 1962. The amendments made by subsection (c)(2) shall apply only in respect of claims filed with respect to gasoline used on or after November 16, 1962. The amendments made by subsection (c)(3) shall apply only in respect to the use or sale of special fuels made on or after November 16, 1962. (e) Special Creditor Refund of Transportation Tax.— Notwithstanding any other provision of law, in any case in which tax has been collected— (1) before November 16, 1962, for or in connection with the transportation of persons which begins on or after November 16, 1962. or (2) after November 15, 1962, and before July 1, 1963, for or in connection with the transportation of persons by air which begins on or after July 1, 1963, the person who collected the tax shall pay the same over to the United States; but credit or refund (without interest) of the tax collected in excess of that applicable (by reason of the amendments made by this section) shall be allowed to the person who collected the tax as if such credit or refund were a credit or refund under the applicable provision of the Internal Revenue Code of 1954, but only to the extent

68A Stat. 3.

26 USC 1 et seq.

 that, before the time such transportation has begun, he has repaid the amount of such excess to the person from whom he collected the tax, or has obtained the consent of such person to the allowance of the credit or refund. For the purpose of this subsection, transportation shall not be considered to have begun on or after November 16, 1962, or on or after July 1, 1963, as the case may be, if any part of the transportation paid for (or for which payment has been obligated) commenced before such date.
Approved June 28, 1962.
Public Law 87–509: To amend section 265 of the Armed Forces Reserve Act of 1952, as amended (50 U.S.C. 1016), relating to lump-sum readjustment payments for members of the reserve components who are involuntarily released from active duty, and for other purposes. Public Law 509 Public Law 87–509 76 Stat. 120 1962-06-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 120 Public Law 87–509
AN ACT To amend section 265 of the Armed Forces Reserve Act of 1952, as amended (50 U.S.C. 1016), relating to lump-sum readjustment payments for members of the reserve components who are involuntarily released from active duty, and for other purposes.

June 28, 1962

[H. R. 5773]

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

Armed Forces.

Lump-sum payments to reservists.

70 Stat. 517.
That section 265 of the Armed Forces Reserve Act of 1952, as amended (50 U.S.C. 1016), is amended as follows: (1) Subsection (a) is amended to read as follows: “(a) A member of a reserve component who is involuntarily released from active duty after the date of enactment of this amended subsection and after having completed immediately prior to such release at least five years of continuous active duty, except for breaks in service of not more than thirty days, as either an officer, warrant officer, or enlisted person, is entitled to a lump-sum readjustment payment computed on the basis of two months’ basic pay in the grade in which he is serving at the time of release from active duty for each year of active service (other than in time of war or of national emergency hereafter declared by Congress) ending at the close of the eighteenth year. However, the readjustment payment of a member who is released from active duty because his performance of duty has fallen below standards prescribed by the appropriate Secretary or because his retention is not clearly consistent with the interests of national security, shall be computed on the basis of one-half of one month’s pay. For the purposes of computing the amount of the readjustment payment, a part of a year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded, and any prior period for which readjustment pay has been received under any other provision of law’ shall be excluded. No person covered by this subsection may be paid a total of more than two years’ basic pay in the grade in which he is serving at the time of release or $15,000, whichever is the lesser. There shall be deducted from any lump-sum readjustment payment under this subsection any mustering-out pay received under the Mustering-Out Payment

72 Stat. 1272, 1273.

38 USC 2101–2105.

Active duty.

70 Stat. 517.

 Act of 1944, the Veterans’ Readjustment Assistance Act of 1952, or chapter 43 of title 38, United States Code.” (2) The second sentence of subsection (b)(5) is amended to read as follows: “However, such a person is entitled— “(A) to receive readjustment pay under this section even though he is also entitled to be paid under section 680 of title 10,

70A Stat. 30.

 United States Code; and “(B) with respect to severance pay to which he is entitled under any provision or law other than section 680 of that title, to elect either to receive that severance pay or to receive readjustment pay under this section, but not both.” (3)

70 Stat. 517.

 Subsection (b)(6) is amended to read as follows: “(6) Except as provided in this clause, a person who upon release from active duty is eligible for disability compensation under laws administered by the Veterans’ Administration. However, such a person may receive readjustment pay under this section in addition to disability compensation subject to deduction from the disability compensation of an amount equal to 75 percent of the readjustment pay. Receipt of readjustment pay shall not deprive a person of any part of any disability compensation to which he may become entitled, on the basis of subsequent service, under laws administered by the Veterans’ Administration.” 76 Stat. 121 (4) Subsection (c) is amended to read as follows:

70 Stat. 518.

50 USC 1016.

 “(c) A member of a reserve component who has received a readjustment payment under this section after the date of enactment of this amended subsection and who qualifies for retired pay under any provision of title 10 or title 14, United States Code, that authorizes his retirement upon completion of 20 years of active service, may receive that pay subject to the immediate deduction from that pay of an amount equal to 75 percent of the amount of the readjustment payment, without interest.” (5) Subsection (e) is repealed.

Repeal.

Release from active duty.

70A Stat. 30.
Sec. 2. Section 680(a)(2) of title 10, United States Code, is amended by striking out the word “or” before the designation “(C)” and inserting before the period at the end the words “, or (D) released because he has been considered at least twice and has not been recommended for promotion to the next higher grade or because he is considered as having failed of selection for promotion to the next higher grade and has not been recommended for promotion to that grade, under conditions that would require the release or separation of a Reserve Officer who is not serving under such agreement”.
Sec. 3. Notwithstanding an election under section 265(b)(6) of the Armed Forces Reserve Act of 1952 (50 U.S.C. 1016(b)(6)), before the date of enactment of this Act, to receive a readjustment payment under that section, any person who made such an election may be awarded disability compensation to which he is otherwise entitled, subject to deduction as provided in that section, as amended by this Act. However, such an award may not become effective for any period before the date of enactment of this Act.
Sec. 4. (a) Sections 1167(d), 3303(d), and 8303(d) of title 10, United States Code, are each amended by inserting the following new

70A Stat. 91, 188, 514; 74 Stat. 386, 391.

 sentence at the end thereof: “However, no person is entitled to severance pay under this section in an amount that is more than $15,000.” (b) Sections 6382(c), 6383(f), 6384(b), and 6401(b) of title 10, United States Code,

70A Stat. 405, 407, 415, 622.

 section 437(f) of title 14, United States Code, and sections 112(g) and 212(g) of the Officers Personnel Act of 1947 (61 Stat. 808. 825) are each amended by inserting the following new

10 USC 5701 note.

 sentence at the end thereof: “However, no person is entitled to a lump-sum payment under this section that is more than $15,000.”
Approved June 28, 1962.
Public Law 87–510: To enable the United States to participate in the assistance rendered to certain migrants and refugees. Public Law 510 Public Law 87–510 76 Stat. 121 1962-06-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–510
AN ACT To enable the United States to participate in the assistance rendered to certain migrants and refugees.

June 28, 1962

[H. R. 8291]

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

Migration and Refugee Assistance Act of 1962.

 be cited as the “Migration and Refugee Assistance Act of 1962”.
Sec. 2. (a) The President is hereby authorized to continue membership for the United States in the Intergovernmental Committee for European Migration in accordance with its constitution approved in Venice, Italy, on October 19, 1953. For the purpose of assisting in the movement of refugees and migrants and to enhance the economic progress of the developing countries by providing for a coordinated supply of selected manpower, there are hereby authorized to be appropriated such amounts as may be necessary from time to time for the76 Stat. 122 payment by the United States of its contributions to the Committee and all necessary salaries and expenses incident to United States participation in the Committee. (b)

Appropriations.

 There are hereby authorized to be appropriated such amounts as may be necessary from time to time— (1) for contributions to the activities of the United Nations High Commissioner for Refugees for assistance to refugees under his mandate or in behalf of whom he is exercising his good offices; (2) for assistance to or in behalf of refugees designated by the President (by class, group, or designation of their respective countries of origin or areas of residence) when the President determines that such assistance will contribute to the defense, or to the security, or to the foreign policy interests of the United States; (3) for assistance to or in behalf of refugees in the United States whenever the President shall determine that such assistance would be in the interest of the United States: Provided, That the term “refugees” as herein used means aliens who (A) because of persecution or fear of persecution on account of race, religion, or political opinion, fled from a nation or area of the Western Hemisphere; (B) cannot return thereto because of fear of persecution on account of race, religion, or political opinion; and (C) are in urgent need of assistance for the essentials of life; (4) for assistance to State or local public agencies providing services for substantial numbers of individuals who meet the requirements of subparagraph (3) (other than clause (C) thereof) for (A) health services and educational services to such individuals, and (B) special training for employment and services related thereto; (5) for transportation to, and resettlement in, other areas of the United States of individuals who meet the requirements of subparagraph (3) (other than clause (C) thereof) and who, having regard for their income and other resources, need assistance in obtaining such services; and (6) for establishment and maintenance of projects for employment or refresher professional training of individuals who meet the requirements of subparagraph (3) (other than clause (C) thereof) and, who, having regard for their income and resources, need such employment or need assistance in obtaining such retraining. (c) Whenever the President determines it to be important to the national interest, not exceeding $10,000,000 in any fiscal year of the funds made available for use under the Foreign Assistance Act of

75 Stat. 424.

22 USC 2151 note.

 1961, as amended, may be transferred to, and consolidated with, funds made available for this Act in order to meet unexpected urgent refugee and migration needs. (d) The President shall keep the appropriate committees of Congress currently informed of the use of funds and the exercise of functions authorized in this Act. (e) Unexpended balances of funds made available under authority

68 Stat. 832; 75 Stat. 424.

22 USC 1751 note, 2151 note, 1925, 1951.

 of the Mutual Security Act of 1954, as amended, and of the Foreign Assistance Act of 1961, as amended, and allocated or transferred for the purposes of sections 405(a), 405(c), 405(d) and 451(c) of the Mutual Security Act of 1954, as amended, are hereby authorized to be continued available for the purposes of this section and may be consolidated with appropriations authorized by this section. Funds appropriated for the purposes of this section shall remain available until expended.
76 Stat. 123
Sec. 3. (a) In carrying out the purpose of this Act, the President is authorized— (1) to make loans, advances, and grants to, make and perform agreements and contracts with, or enter into other transactions with, any individual, corporation, or other body of persons, government or government agency, whether within or without the United States, and international and intergovernmental organizations; (2) to accept and use money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for such purposes. (b) Whenever the President determines it to be in furtherance of the purposes of this Act, the functions authorized under this Act may be performed without regard to such provisions of law (other than the Renegotiation Act of 1951 (65 Stat. 7)), as amended, regulating

50 USC app. 1211 note.

 the making, performance, amendment, or modification of contracts and the expenditure of funds of the United States Government as the President may specify.
Sec. 4. (a) (1)

Delegation of Presidential authority.

 The President is authorized to designate the head of any department or agency of the United States Government, or any official thereof who is required to be appointed by the President by and with the advice and consent of the Senate, to perform any functions conferred upon the President by this Act. If the President shall so specify, any individual so designated under this subsection is authorized to redelegate to any of his subordinates any functions authorized to be performed by him under this subsection, except the function of exercising the waiver authority specified in section 3(b) of this Act. (2) Section 104(b) of the Immigration and Nationality Act (8

Bureau of Security and Consular Affairs.

Administrator.

66 Stat. 174.

 U.S.C. 1104(b)), is amended by inserting after the first sentence the following: “He shall be appointed by the President by and with the advice and consent of the Senate.”. (b) The President may allocate or transfer to any agency of the

Transfer of funds.

 United States Government any part of any funds available for carrying out the purposes of this Act. Such funds shall be available for obligation and expenditure for the purposes for which authorized in accordance with authority granted in this Act or under authority governing the activities of the agencies of the United States Government to which such funds are allocated or transferred. Funds allocated or transferred pursuant to this subsection to any such agency may be established in separate appropriation accounts on the books of the Treasury.
Sec. 5. (a) Funds made available for the purposes of this Act shall be available for— (1) compensation, allowances, and travel of personnel, including Foreign Service personnel whose services are utilized primarily for the purpose of this Act, and without regard to the provisions of any other law, for printing and binding, and for expenditures outside the United States for the procurement of supplies and services and for other administrative and operating purposes (other than compensation of personnel) without regard to such laws and regulations governing the obligation and expenditure of Government funds as may be necessary to accomplish the purposes of this Act; (2) employment or assignment of Foreign Service Reserve officers for the duration of operations under this Act; (3) exchange of funds without regard to section 3651 of the Revised Statutes (31 U.S.C. 543), and loss by exchanges; 76 Stat. 124 (4) expenses authorized by the Foreign Service Act of 1946,

60 Stat. 999.

 as amended (22 U.S.C. 801 et seq.), not otherwise provided for; (5) expenses authorized by the Act of August 1, 1956 (70

5 USC 170f–170t.

 Stat. 890–892), as amended; and (6) all other expenses determined by the President to be necessary to carry out the purposes of this Act. (b) Except as may be expressly provided to the contrary in this Act, all determinations, authorizations, regulations, orders, contracts, agreements and other actions issued, undertaken, or entered into under authority of any provision of law repealed by this Act shall continue in full force and effect until modified, revoked, or superseded under the authority of this Act.
Sec. 6.

Repeal.

75 Stat. 460.

22 USC 1925, 1951.

8 USC 1182 note.

 Subsections (a), (c) and (d) of section 405 of the Mutual Security Act of 1954, as amended, subsection (c) of section 451 of the said Act, and the last sentence of section 2(a) of the Act of July 14, 1960 (74 Stat. 504), are hereby repealed.
Sec. 7. Until the enactment of legislation appropriating funds for activities under this Act, such activities may be conducted with funds made available under section 451 (a) of the Foreign Assistance Act of

75 Stat. 434.

22 USC 2261.

 1961, as amended.
Approved June 28, 1962.
Public Law 87–511: To further amend the Act of August 7, 1946 (60 Stat. 896), as amended, by providing for an increase in the authorization funds to be granted for the construction of hospital facilities in the District of Columbia; by extending the time in which grants may be made; and for other purposes. Public Law 511 Public Law 87–511 76 Stat. 124 1962-07-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–511
AN ACT To further amend the Act of August 7, 1946 (60 Stat. 896), as amended, by providing for an increase in the authorization funds to be granted for the construction of hospital facilities in the District of Columbia; by extending the time in which grants may be made; and for other purposes.

July 1, 1962

[S. 1834]

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

D. C.

Hospital facilities.

72 Stat. 708; 75 Stat. 197.
That section 6 of the Act of August 7, 1946 (60 Stat. 896), as amended, is amended (1), by striking out “$40,730,000” and inserting in lieu thereof “$41,105,000” and (2) by striking out “June 30, 1962” and inserting in lieu thereof “on the last day of the second session of the Eighty-seventh Congress”.
Approved July 1, 1962.
Public Law 87–512: To provide for a temporary increase In the public debt limit set forth in. section 21 of the Second Liberty Bond Act. Public Law 512 Public Law 87–512 76 Stat. 124 1962-07-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–512
AN ACT To provide for a temporary increase In the public debt limit set forth in. section 21 of the Second Liberty Bond Act.

July 1, 1962

[H. R. 11990]

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

Debt limit, temporary Increase.
That the public debt limit set forth in the first sentence of section 21 of the Second

Ante, p. 23.

 Liberty Bond Act, as amended (31 U.S.C. 757b), shall be temporarily increased— (1) during the period beginning on July 1, 1962, and ending on March 31, 1963, to $308,000,000,000, (2) during the period beginning on April 1, 1963, and ending on June 24, 1963, to $305,000,000,000, and (3) during the period beginning on June 25, 1963, and ending on June 30, 1963, to $300,000,000,000.
Approved July 1, 1962.
Public Law 87–513: Making continuing appropriations for the fiscal year 1963, and for other purposes. Public Law 513 Public Law 87–513 76 Stat. 125 1962-07-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 125 Public Law 87–513
JOINT RESOLUTION Making continuing appropriations for the fiscal year 1963, and for other purposes.

July 1, 1962

[H. J. Res. 769]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following sums are

Continuing appropriations, 1963.

 appropriated out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government, for the fiscal year 1963, namely:
Sec. 101. (a) (1)

Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this joint resolution) which were conducted in the fiscal year 1962 and for which appropriations, funds, or other authority would be available in the following appropriation acts for the fiscal year 1963:

Legislative Branch Appropriation Act; Department of Defense Appropriation Act; District of Columbia Appropriation Act; Departments of Labor, and Health, Education, and Welfare Appropriation Act; Department of the Interior and Related Agencies Appropriation Act; and the Treasury-Post Office Departments and Executive Office Appropriation Act. (2) Appropriations made by this subsection shall be available to the extent and in the manner which would be provided by the pertinent appropriation Act. (3) Whenever the amount which would be made available or the authority which would be granted under an Act listed in this subsection as passed by the House is different from that which would be available or granted under such Act as passed by the Senate, the pertinent project or activity shall be continued under the lesser amount or the more restrictive authority. (4) Whenever an Act listed in this subsection has been passed by only one House or where an item is included in only one version of an Act as passed by both Houses, the pertinent project or activity shall be continued under the appropriation, fund, or authority, granted by the one House, but at a rate for operations not exceeding the current rate or the rate permitted by the action of the one House, whichever is lower: Provided, That no provision which is included in any appropriation Act enumerated in this subsection but which was not included in the applicable appropriation Act for the fiscal year 1962, and which by its terms is applicable to more than one appropriation, fund, or authority, shall be applicable to any appropriation, fund, or authority provided in this joint resolution unless such provision shall have been included in identical form in such bill as enacted by both the House and Senate. (b)

Such amounts as may be necessary for continuing projects or activities which were conducted in the fiscal year 1962 and listed in this subsection at a rate for operations not in excess of the current rate or the rate provided for in the budget estimate whichever is lower:

Department of Agriculture and Farm Credit Administration; Foreign assistance and other activities for which provision was made in the Foreign Assistance and Related Agencies Appropriation Act, 1962; Agencies for which provision was made in the Independent Offices 76 Stat. 126 Activities for which provision was made in the Public Works Appropriation Act, 1962; Activities for which provision was made in the Military Construction Appropriation Act, 1962; Activities for which provision was made in the Departments of State and Justice, the Judiciary and Related Agencies Appropriation Act, 1962; Department of Commerce; American Battle Monuments Commission; Arms Control and Disarmament Agency; Civil defense and emergency preparedness functions; Federal Maritime Commission; Foreign Claims Settlement Commission; Small Business Administration; Subversive Activities Control Board; Tariff Commission; The Panama Canal; St. Lawrence Seaway Development Corporation; and Office of Science and Technology (Executive Office of the President). (c) Such amounts as may be necessary for continuing projects or activities for which disbursements are made by the Secretary of the Senate, and the Senate items under the Architect of the Capitol, to the extent and in the manner which would be provided for in the budget estimates for the fiscal year 1963.
Sec. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for

Post, pp. 254, 427.

 such project or activity, or (c) July 31, 1962, whichever first occurs.
Sec. 103. Appropriations and funds made available and authority granted pursuant to this joint resolution may be used without regard to the time limitations set forth in subsection (d)(2) of section 3679

31 USC 665.

 of the Revised Statutes, as amended, and expenditures therefrom shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law.
Sec. 104. No appropriation or funds made available or authority granted pursuant to this joint resolution shall be used to initiate or resume any project or activity which was not being conducted during the fiscal year 1962. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred tor any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution.
Approved July 1, 1962.
Public Law 87–514: To continue until the close of June 30, 1963, the suspension of duties for metal scrap, and for other purposes. Public Law 514 Public Law 87–514 76 Stat. 125 1962-07-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–514
AN ACT To continue until the close of June 30, 1963, the suspension of duties for metal scrap, and for other purposes.

July 1, 1962

[H. R. 10095]

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

Metal scrap.

Duty suspension.

75 Stat. 224.

19 USC 1001, par. 301 note.
That the first sentence of section 2 of the Act of September 30, 1950 (Public Law 869, Eighty-first Congress), is hereby amended by striking out “June 30, 1962” and inserting in lieu thereof “June 30, 1963”: Provided, That this Act shall not apply to lead scrap, lead alloy scrap, antimonial lead scrap, scrap battery lead or plates, zinc scrap, or zinc alloy scrap,76 Stat. 127 or to any form of tungsten scrap, tungsten carbide scrap, or tungsten alloy scrap; or to articles of lead, lead alloy, antimonial lead, zinc, or zinc alloy, or to articles of tungsten, tungsten carbide, or tungsten alloy, imported for remanufacture by melting.
Sec. 2. This Act shall not exempt any article provided for in section 4541 of the Internal Revenue Code of 1954 from import taxes imposed

68A Stat. 541.

 thereby. This Act shall not suspend any duty with respect to an article provided for in such section 4541 which is entered, or withdrawn from warehouse, for consumption on or before June 30, 1962 (or, if later, on or before the date or the enactment of this Act).
Approved July 1, 1962.
Public Law 87–515: To provide for continuation of authority for regulation of exports, and for other purposes. Public Law 515 Public Law 87–515 76 Stat. 127 1962-07-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–515
AN ACT To provide for continuation of authority for regulation of exports, and for other purposes.

July 1, 1962

[S. 3161]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 12 of

Export Control Act of 1949, amendment.

63 Stat. 7; 74 Stat. 130.

50 USC app. 2032.

50 USC app. 2021.

 the Export Control Act of 1949 is amended by striking out “June 30, 1962” and inserting in lieu thereof “June 30, 1965”.
Sec. 2. Section 1(b) of the Export Control Act of 1949 is amended to read as follows: “(b) The unrestricted export of materials without regard to their potential military and economic significance may adversely affect the national security of the United States.”
Sec. 3. (a) Section 2 of the Export Control Act of 1949 is amended

50 USC app. 2022.

 by inserting “of the United States” immediately before the period at the end thereof. (b) Section 2 of such Act is further amended by adding at the end thereof the following new paragraph:

“The Congress further declares that it is the policy of the United States to formulate, reformulate, and apply such controls to the maximum extent possible in cooperation with all nations with which the United States has defense treaty commitments, and to formulate a unified commercial and trading policy to be observed by the non-communist-dominated nations or areas in their dealings with the Communist-dominated nations.”

 (c) Section 2 of such Act is further amended by adding at the end thereof (after the paragraph added by subsection (b) of this section) the following new paragraph:

“The Congress further declares that it is the policy of the United States to use its economic resources and advantages in trade with Communist-dominated nations to further the national security and foreign policy objectives of the United States.”
Sec. 4. Section 3(a) of the Export Control Act of 1949 is amended

50 USC app. 2023.

 by adding at the end thereof the following new sentence: “Such rules and regulations shall provide for denial of any request or application for authority to export articles, materials, or supplies, including technical data, from the United States, its territories and possessions, to any nation or combination of nations threatening the national security of the United States, if the President shall determine that such export makes a significant contribution to the military or economic potential of such nation or nations which would prove detrimental to the national security and welfare of the United States.”
76 Stat. 128
Sec. 5. Section 5 of the Export Control Act of 1949 is amended to read as follows:
“violations “Sec. 5.

50 USC app. 2025.

 (a) Except as provided in subsection (b) of this section, in case of any violation of any provision of this Act or any regulation, order, or license issued hereunder, the violator or violators, upon conviction, shall be punished by a fine of not more than $10,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. For a second or subsequent offense, the offender shall be punished by a fine of not more than three times the value of the exports involved or $20,000, whichever is greater, or by imprisonment for not more than five years, or by both such fine and imprisonment. “(b) Whoever willfully exports any material contrary to any provision of this Act or any regulation, order, or license issued hereunder, with knowledge that such exports will be used for the benefit of any Communist-dominated nation, shall be punished by a fine of not more than five times the value of the exports involved or $20,000, whichever is greater, or by imprisonment for not more than five years, or by both such fine and imprisonment.”
Approved July 1, 1962.
Public Law 87–516: To approve an order of the Secretary of the Interior adjusting, deferring, and canceling certain irrigation charges against non-Indian-owned lands under the Wind River Indian irrigation project, Wyoming, and for other purposes. Public Law 516 Public Law 87–516 76 Stat. 128 1962-07-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–516
AN ACT To approve an order of the Secretary of the Interior adjusting, deferring, and canceling certain irrigation charges against non-Indian-owned lands under the Wind River Indian irrigation project, Wyoming, and for other purposes.

July 2, 1962

[H. R. 3444]

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

Wind River Indian irrigation project, Wyo.
That, in accordance with the provisions of the Act of June 22, 1936 (49 Stat. 1803, 25 U.S.C. 389–389e), the order of the Secretary of the Interior canceling $36,439.70 of delinquent irrigation charges, plus accrued interest thereon, and providing for the deferred payment of $8,706.27, as shown on schedules A, B, and C, which are referred to in such order, is hereby approved: Provided, That the cancellation of $2,093.14 under schedule B shall not become effective until the landowners have executed contracts as provided in the Act of June 22, 1936, agreeing to pay the balance of such delinquent charges amounting to $1,556.40.
Approved July 2, 1962.
Public Law 87–517: Providing for the tilling of a vacancy in the Board of Regents of the Smithsonian Institution, of the class other than Members of Congress. Public Law 517 Public Law 87–517 76 Stat. 128 1962-07-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–517
JOINT RESOLUTION Providing for the tilling of a vacancy in the Board of Regents of the Smithsonian Institution, of the class other than Members of Congress.

July 2, 1962

[S. J. Res. 192]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Smithsonian Institution.

Board of Regents.
That the vacancy in the Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, be filled by the appointment of William A. M. Burden, a citizen of New York, for the statutory term of six years, to succeed Arthur H. Compton, deceased.
Approved July 2, 1962.
Public Law 87–518: To provide greater protection against the introduction and dissemination of diseases of livestock and poultry, and for other purposes. Public Law 518 Public Law 87–518 76 Stat. 129 1962-07-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 129 Public Law 87–518
AN ACT To provide greater protection against the introduction and dissemination of diseases of livestock and poultry, and for other purposes.

July 2, 1962

[S. 860]

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

Agriculture.

Livestock and poultry diseases.

Definitions.

 Act unless the context indicates otherwise— (a) The term “Secretary” means the Secretary of Agriculture. (b) The term “animals” means all members of the animal kingdom including birds, whether domesticated or wild, but not including man. (c) The term “United States” means the States, Puerto Rico, Guam, the Virgin Islands of the United States, and the District of Columbia. (d) The term “interstate” means from a State or other area included in the definition of “United States” to or through any other State or other such area.
Sec. 2. (a) The Secretary, whenever he deems it necessary in order

Authority.

 to guard against the introduction or dissemination of a communicable disease of livestock or poultry, may seize, quarantine, and dispose of, in a reasonable manner taking into consideration the nature of the disease and the necessity of such action to protect the livestock or poultry of the United States: (1) any animals which he finds are moving or are being handled or have moved or have been handled in interstate or foreign commerce contrary to any law or regulation administered by him for the prevention of the introduction or dissemination of any communicable disease of livestock or poultry; (2) any animals which he finds are moving into the United States, or interstate, and are affected with or have been exposed to any communicable disease dangerous to livestock or poultry; and (3) any animals which he finds have moved into the United States, or interstate, and at the time of such movement were so affected or exposed. (b) Whereas the existence of any dangerous, communicable disease of livestock or poultry, such as foot-and-mouth disease, rinderpest, or European fowl pest, on any premises in the United States would constitute a threat to livestock and poultry of the Nation and would seriously burden interstate and foreign commerce, whenever the Secretary determines that an extraordinary emergency exists because of the outbreak of such a disease anywhere in the United States, and that such outbreak threatens the livestock or poultry of the United States, he may seize, quarantine, and dispose of, in such manner as he deems necessary or appropriate, any animals in the United States which he finds are or have been affected with or exposed to any such disease and the carcasses of any such animals and any products and articles which he finds were so related to such animals as to be likely to be a means of disseminating any such disease: Provided, That action shall be taken under this subsection only if the

Limitation.

 Secretary finds that adequate measures are not being taken by the State or other jurisdiction. The Secretary shall notify the appropriate official of the State or other jurisdiction before any action is taken in any such State or other jurisdiction pursuant to this subsection. (c) The Secretary in writing may order the owner of any animal,

Notice.

 carcass, product, or article referred to in subsection (a) or (b) of this section, or the agent of such owner, to maintain in quarantine and to dispose of such animal, carcass, product, or article in such manner as the Secretary may direct pursuant to authority vested in him by such subsections. If such owner or agent fails to do so after receipt of such notice, the Secretary may take action as authorized by said subsections (a) and (b) and recover from such owner or agent the76 Stat. 130 reasonable costs of any care, handling, and disposal incurred by the Secretary in connection therewith. Such costs shall not constitute a lien against the animals, carcasses, products, or articles involved. Costs collected under this section shall be credited to the current appropriation for carrying out animal disease control activities of the Department. (d)

Compensation.

 Except as provided in subsection (e) of this section, the Secretary shall compensate the owner of any animal, carcass, product, or article destroyed pursuant to the provisions of this section. Such compensation shall be based upon the fair market value as determined by the Secretary, of any such animal, carcass, product, or article at the time of the destruction thereof. Compensation paid any owner under this subsection shall not exceed the difference between any compensation received by such owner from a State or other source and such fair market value of the animal, carcass, product, or article. Funds in the Treasury available for carrying out animal disease control activities of the Department of Agriculture shall be used for carrying out. this subsection. (e) No such payment shall be made by the Secretary for any animal, carcass, product, or article which has been moved or handled by the owner thereof or his agent knowingly in violation of a law or regulation administered by the Secretary for the prevention of the interstate dissemination of the communicable disease, for which the animal, carcass, product, or article was destroyed or a law or regulation for the enforcement of which the Secretary enters or has entered into a cooperative agreement for the control and eradication of such disease, or for any animal which has moved into the United States contrary to such law or regulation administered by the Secretary for the prevention of the introduction of a communicable disease of livestock or poultry.
Sec. 3.

Regulations, promulgation.

 The Secretary, in order to protect the health of the livestock or poultry of the Nation, may promulgate regulations requiring that railway cars; vessels; airplanes; trucks; and other means of conveyance; stockyards; feed, water, and rest stations; and other facilities, used in connection with the movement of animals into or from the United States, or interstate, be maintained in a clean and sanitary condition, including requirements for inspection, cleaning, and disinfection.
Sec. 4. The Secretary is authorized to promulgate regulations prohibiting or regulating the movement into the United States of any animals which are or have been affected with or exposed to any communicable animal disease, or which have been vaccinated or otherwise treated for any such disease, or which he finds would otherwise be likely to introduce or disseminate any such disease, when he determines that such action is necessary to protect the livestock or poultry of the United States.
Sec. 5.

Inspections and seizures.

 Employees of the Department of Agriculture designated by the Secretary for the purpose, when properly identified, snail have authority (1) to stop and inspect, without a warrant, any person or means of conveyance, moving into the United States from a foreign country, to determine whether such person or means of conveyance is carrying any animal, carcass, product or article regulated or subject to disposal under any law or regulation administered by the Secretary for prevention of the introduction or dissemination of any communicable animal disease; (2) to stop and inspect, without a warrant, any means of conveyance moving interstate upon probable cause to believe that such means of conveyance is carrying any animal, carcass, product, or article regulated or subject to disposal under any law or76 Stat. 131 regulation administered by the Secretary for the prevention of the introduction or dissemination of any communicable animal disease; and (3) to enter upon, with a warrant, any premises for the purpose of making inspections and seizures necessary under such laws and regulations. Any Federal judge, or any judge of a court of record in the United States, or any United States commissioner, may, within his jurisdiction, upon proper oath or affirmation indicating probable cause to believe that there is on certain premises any animal, carcass, product, or article regulated or subject to disposal under any law or regulation administered by the Secretary for the prevention of the introduction or dissemination of any communicable animal disease, issue warrants for the entry upon such premises and for inspections and seizures necessary under such laws and regulations. Such warrants may be executed by any authorized employee of the Department of Agriculture.
Sec. 6. (a) Whoever knowingly violates any regulation promulgated

Penalties.

 pursuant to the provisions of sections 1 through 5 of this Act shall be punished by a fine not exceeding $1,000 or by imprisonment not exceeding one year, or both. (b) The Secretary may bring an action to enjoin the violation of,

Enforcement provisions.

 or to compel compliance with, any regulation promulgated or order issued under said sections, or to enjoin any interference by any person with an employee of the Department of Agriculture in carrying out any duties under said sections, whenever the Secretary has reason to believe that such person has violated, or is about to violate, any such regulation or order, or has interfered, or is about to interfere, with any such employee. Such action shall be brought in the United States district court, or the United States court of any Territory or possession, for the judicial district in which such person resides or transacts business or in which the violation, omission, or interference has occurred or is about to occur. Process in such cases may be served in any judicial district wherein the defendant resides or transacts business or w’herever the defendant may be found, and subpenas for witnesses who are required to attend the court in any judicial district in any such cases may run into any other judicial district.
Sec. 7. Section 11 of the Act of May 29, 1884 (58 Stat. 734), as amended (21 U.S.C. 114a), is further amended by inserting the words

70 Stat. 1032.

 “any communicable diseases of livestock or poultry, including, but not limited to,” after the word “eradicate”.
Sec. 8. (a) The first section of the Act of March 3, 1905 (33 Stat. 1264), as amended (21 U.S.C. 123), is further amended by striking out the phrase “cattle or other livestock” and inserting in lieu thereof the words “any animals”, and by inserting after the word “disease” the words “of livestock or poultry or that the contagion of any such disease exists or that vectors which may disseminate any such disease exist in such State or Territory or the District of Columbia”. (b) Sections 2, 3, and 4 of such Act (33 Stat. 1264, 1265), as amended (21 U.S.C. 124, 125, 126), are further amended by striking out the phrase “cattle or other livestock” each time such phrase appears in those sections and inserting in lieu thereof the words “quarantined animals”.
Sec. 9. The first proviso under the heading “General Expenses, Bureau of Animal Industry” in the Act entitled “An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and fifteen”, approved June 30, 1914 (38 Stat. 419), as amended (21 U.S.C. 128), is further amended by striking out the phrase “cattle or other livestock” and inserting in lieu thereof the words “quarantined animals”.
76 Stat. 132
Sec. 10.

65 Stat. 721.

 Section 1114 of title 18 of the United States Code is amended by inserting after “wild birds and animals,” the following: “any employee of the Department of Agriculture designated by the Secretary of Agriculture to carry out any law or regulation, or to perform any function in connection with any Federal or State program or any program of Puerto Rico, Guam, the Virgin Islands of the United States, or the District of Columbia, for the control or eradication or prevention of the introduction or dissemination of animal diseases,”.
Sec. 11.

Regulations.

 The Secretary is authorized to issue such regulations as he deems necessary to carry out the provisions of this Act.
Sec. 12. The authority conferred by this Act shall be in addition to authority conferred by other statutes. Any provision of any other Act inconsistent with the provisions of this Act is hereby repealed.
Sec. 13.

Separability.

 If any provision of this Act or application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby.
Approved July 2, 1962.
Public Law 87–519: To declare that the United States holds certain lands on the Eastern Cherokee Reservation in trust for the Eastern Band of Cherokee Indians of North Carolina. Public Law 519 Public Law 87–519 76 Stat. 132 1962-07-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–519
AN ACT To declare that the United States holds certain lands on the Eastern Cherokee Reservation in trust for the Eastern Band of Cherokee Indians of North Carolina.

July 2, 1962

[H. R. 11057]

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

Eastern Band of Cherokee Indians, N. C.

Trust lands.
That all of the right, title, and interest of the United States in the following lands and improvements thereon, which are a part of the Long Blanket tracts, situated within the Eastern Cherokee Reservation, formerly acquired for school purposes, is hereby declared to be held by the United States of America in trust for the Eastern Band of Cherokee Indians of North Carolina: parcel no. 1

Starting at a concrete monument with brass cap marked school tract corner 5, 1950;

thence north 45 degrees 00 minutes west 542.8 feet to a concrete monument with brass cap marked school tract corner numbered 4, 1950, beside a large mountain oak tree; thence north 26 degrees 20 minutes east 314.1 feet to a point; thence south 77 degrees 51 minutes east 127.4 feet up a ridge to a point; thence continuing along the ridge south 83 degrees 10 minutes east 67.3 feet to a point; thence continuing along the ridge south 70 degrees 40 minutes east 85.1 feet to a point; thence south 41 degrees 40 minutes east 245.0 feet to a point; thence down the ridge south 19 degrees 40 minutes east 83.3 feet, to a point; thence south 9 degrees 20 minutes west, 351.4 feet, to south side of gravel road right-of-way to a point; thence continuing along the right-of-way of said gravel road south 77 degrees 32 minutes east, 150.5 feet, to a point; 76 Stat. 133 thence south 86 degrees 36 minutes east 166.7 feet to a point; thence south 71 degrees 07 minutes east 69.4 feet to a point of the intersection of two gravel roads: thence continuing along the right-of-way of said road south 33 degrees 48 minutes east 98.9 feet to a point; thence leaving said road north 75 degrees 35 minutes west 376.1 feet to a point; thence north 74 degrees 45 minutes west 242.6 feet to the point of beginning, containing 12.11 acres, more or less. parcel no. 2

Starting at a one and one half-inch iron pipe beside a concrete monument with brass cap marked “T.R. 6, Cor. 1, 1950”, and running north 17 degrees 00 minutes east 145.1 feet to the point of beginning on the northeast right-of-way of United States Highways 19 and 441;

thence north 75 degrees 00 minutes west 150.5 feet to the east right-of-way at the intersection of United States Highways 19 and 441; thence continuing along the right-of-way north 12 degrees 45 minutes west 70.6 feet to a point; thence north 3 degrees 31 minutes east 157.6 feet to a point; thence north 10 degrees 43 minutes east 654.8 feet to a point; thence north 19 degrees 22 minutes east 191.2 feet to a point; thence north 28 degrees 18 minutes 40 seconds east 254.7 feet to a. point; thence north 35 degrees 05 minutes east 164.3 feet to a point; thence north 46 degrees 39 minutes 10 seconds east 370.3 feet to a point; thence leaving the right-of-way and running south 17 degrees 00 minutes west, 1,786.7 feet, to the point of beginning, containing 8.50 acres, more or less. parcel no. 3

Beginning at a point on the east right-of-way of the agency road, at the end of a culvert that comes under the agency roadway, and running with Small Branch north 75 degrees 22 minutes east 530.4 feet to a point;

thence with said branch south 59 degrees 45 minutes east 81.2 feet to a point on the right-of-way of United States Highway 441; thence along said right-of-way south 12 degrees 50 minutes west 215.4 feet to a point on the intersection of rights-of-way of United States Highways 441 and 19; thence following the right-of-way of United States Highway 19, north 84 degrees 18 minutes west 529.8 feet to a point at the intersection of the agency road right-of-way; thence following right-of-way of the agency road north 7 degrees 41 minutes west 64.9 feet to the point of beginning; containing 2.1 acres, more or less.
Sec. 2. The Indian Claims Commission is directed to determine in

Indian Claims Commission.

 accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed

25 USC 70a.

 by this Act should or should not be set off against any claim against the United States determined by the Commission.
Approved July 2, 1962.
Public Law 87–520: To extend the Renegotiation Act of 1951, and for other purposes. Public Law 520 Public Law 87–520 76 Stat. 134 1962-07-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 134 Public Law 87–520
AN ACT To extend the Renegotiation Act of 1951, and for other purposes.

July 3, 1962

[H. R. 12061]

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

Renegotiation Act of 1951. extension.

73 Stat. 210.
That section 102(c)(1) of the Renegotiation Act of 1951, as amended (50 U.S.C. App. 1212(c)(1)), is amended by striking out “June 30, 1962” and inserting in lieu thereof “June 30, 1964”.
Sec. 2. (a) Section 108A of the Renegotiation Act of 1951, as

70 Stat. 791.

 amended (50 U.S.C., App., sec. 1218a), is amended to read as follows:
“SEC. 108A. REVIEW OF TAX COURT DECISIONS IN RENEGOTIATION CASES. “(a) Jurisdiction.— Except as provided in section 1254 of title 28

62 Stat. 928.

 of the United States Code, the United States Courts of Appeals shall have exclusive jurisdiction to review decisions by the Tax Court of

65 Stat. 21.

50 USC app. 1218.

 the United States under section 108 of this Act in the same manner and to the same extent as decisions of the district courts in civil actions tried without a jury, except as otherwise provided in this section. In no case shall the question of the existence of excessive profits, or the extent thereof, be reviewed, and findings of fact by the Tax Court shall be conclusive unless such findings are arbitrary or capricious. The judgment of any such court shall be final except that it shall be subject to review, under the limitations herein provided for, by the Supreme Court of the United States upon certiorari, in the manner provided in section 1254 of title 28 of the United States Code. “(b) Powers.—Upon such review, such courts shall have only the power to affirm the decision of the Tax Court or to reverse such decision on questions of law and remand the case for such further action as justice may require, except that such court shall not reverse and remand the case for error of law which is immaterial to the decision of the Tax Court. “(c) Venue of Appeals From Tax Court Decisions in Renegotiation Cases.— A decision of the Tax Court of the United States under section 108 of this Act may, to the extent subject to review, be reviewed by— “(1) the United States Court of Appeals for the circuit in which is located the office to which the contractor or subcontractor made his Federal income tax return for the taxable year which corresponds to the fiscal year with respect to which such decision of the Tax Court was made, or if no such return was made for such taxable year, then by the United States Court of Appeals for the District of Columbia, or “(2) any United States Court of Appeals designated by the Attorney General and the contractor or subcontractor by stipulation in writing.”
(b) The second sentence of section 108 of such Act is amended to read as follows: “Upon such filing, such court shall have exclusive jurisdiction, by order, to determine the amount, if any, of such excessive profits received or accrued by the contractor or subcontractor, and such determination shall not be reviewed or redetermined by any

Supra.

 court or agency except as provided in section 108A.” (c)

50 USC app. 1215.

 Section 105(b)(2) of such Act is amended by striking out the last sentence thereof. (d)

Effective date.

 The amendments made by this section shall apply only with respect to cases in which the petition for redetermination is filed with the Tax Court of the United States after the date of the enactment of this Act.
Approved July 3, 1962.
Public Law 87–521: To amend the Soil Bank Act so as to authorize the Secretary of Agriculture to permit the harvesting of hay on conservation reserve acreage under certain conditions. Public Law 521 Public Law 87–521 76 Stat. 135 1962-07-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 135 Public Law 87–521
AN ACT To amend the Soil Bank Act so as to authorize the Secretary of Agriculture to permit the harvesting of hay on conservation reserve acreage under certain conditions.

July 3, 1962

[S. 3062]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 107(a)(3)

Soil Bank Act, amendment.

70 Stat. 191; 75 Stat. 129.

7 USC 1831.

 of the Soil Bank Act is amended by changing the period at the end thereof to a comma and adding the following: “and except that the Secretary may, with the approval of the contract signers, permit hay to be removed from such acreage if the Secretary, after certification by the Governor of the State in which such acreage is situated of the need for removal of hay from such acreage, determines that it is necessary to permit removal of hay from such acreage in order to alleviate damage, hardship, or suffering caused by severe drought, flood, or other natural disaster.”
Approved July 3, 1962.
Public Law 87–522: To amend section 2 of the Act entitled “An Act to create a Library of Congress Trust Fund Board, and for other purismes”, approved March 3, 1925, as amended (2 U.S.C. 158), relating to deposits with the Treasurer of the United States of gifts and bequests to the Library of Congress and to raise the statutory limitation provided for in that section. Public Law 522 Public Law 87–522 76 Stat. 135 1962-07-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–522
AN ACT To amend section 2 of the Act entitled “An Act to create a Library of Congress Trust Fund Board, and for other purismes”, approved March 3, 1925, as amended (2 U.S.C. 158), relating to deposits with the Treasurer of the United States of gifts and bequests to the Library of Congress and to raise the statutory limitation provided for in that section.

July 3, 1962

[S. 3266]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2 of the Act entitled “An Act to create a Library of Congress Trust Fund Board, and for other purposes”, approved March 3, 1925, as amended (2 U.S.C. 158), is further amended by striking out “$5,000,000” at

43 Stat. 1107; 49 Stat. 1205.

 the end of the section and inserting in lieu thereof “$10,000,000”.
Approved July 3, 1962.
Public Law 87–523: To incorporate the Metropolitan Police Relief Association of the District of Columbia. Public Law 523 Public Law 87–523 76 Stat. 135 1962-07-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–523
AN ACT To incorporate the Metropolitan Police Relief Association of the District of Columbia.

July 5, 1962

[S. 3063]

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

Metropolitan Police Relief Association of the District of Columbia.

Incorporation.

 Lutz, Francis Conley, Garland B. Waters, William G. Schenck, Lawrence D. Johnson, Anthony A. Cuozzo, Lester W. Hebbard, and Royce L. Givens are hereby created and declared to be a body corporate by the name of “Metropolitan Police Relief Association of the District of Columbia” (hereinafter in this Act referred to as the “corporation”), and by such name shall be known and have perpetual succession and the powers and limitations contained in this Act.
76 Stat. 136
completion of organization Sec. 2. The persons named in the first section of this Act are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws not inconsistent with this Act, and the doing of such other acts as may be necessary for such purpose.
object and purpose of corporation Sec. 3. The corporation shall not be conducted for profit but shall have as its object and purpose, upon the payment of specified amounts, the payment of death benefits with respect to (1) persons who are or have been officers or members of the Metropolitan Police force of the District of Columbia, (2) wives of persons who are or have been officers or members of the Metropolitan Police force of the District of Columbia, and (3) persons who are or have been employees of the District of Columbia assigned to the Metropolitan Police Department.
corporate powers Sec. 4. The corporation shall have power— (1) to enter into contracts with those persons described in section 3 of this Act to pay death benefits not to exceed $1,500 with respect to such persons; (2) to issue certificates of membership as evidence of the contracts referred to in paragraph (1); (3) to collect specified amounts with respect to contracts for the payment of death benefits; (4) to sue and be sued in any court of competent jurisdiction; (5) to choose such officers, directors, managers, agents, and employees as the business of the corporation may require; (6) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the provisions of this Act, the laws of the United States, and the laws in force in the District of Columbia for the management of its property and regulation of its affairs; (7) to contract and be contracted with; (8) to take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the object and carrying into effect the purpose of the corporation subject to applicable provisions of law in force in the District of Columbia; (9) to transfer, encumber, and convey real or personal property; (10) to adopt, alter, and use a corporate seal; (11) to borrow money for the purposes of the corporation, issue bonds therefor, and secure such bonds, subject to the laws of the United States, and the laws in force in the District of Columbia; (12) 12) to invest the funds of the corporation only in such securities as the United States District Court for the District of Columbia may approve, from time to time, for the investment of funds by fiduciaries operating under its jurisdiction; and (13) to do any and all acts and things necessary and proper to carry out the object and purpose of the corporation.
76 Stat. 137
membership; voting rights Sec. 5. (a) Eligibility for membership in the corporation and the rights and privileges of members of the corporation shall, except as provided in this Act, be determined by the constitution and bylaws of the corporation. (b) Only members of the corporation shall have the right to vote on matters submitted to a vote at meetings of members of the corporation. Each member of the corporation shall have only one vote with respect to matters submitted to a vote at meetings of members of the corporation.
board of directors; composition, responsibilities Sec. 6. (a) Upon enactment of this Act, the membership of the board of directors of the corporation shall consist of those persons named in the first section of this Act. Such persons shall remain on the board of directors of the corporation for a period of one year from the date of enactment of this Act. (b) After one year from the date of enactment of this Act, the board of directors of the corporation shall be composed of (1) one officer or member from each precinct, bureau, and division of the Metropolitan Police force of the District of Columbia (who is a certificate holder of the corporation) elected by a majority vote of the certificate holders of the corporation who are assigned to the precinct, bureau, or division from which such officer or member is elected; (2) one member of the White House Police force (who is a certificate holder of the corporation) elected by a majority vote of the certificate holders of the corporation who are members of the White House Police force; and (3) one member of the Retired Men’s Association of the Metropolitan Police Department (who is a certificate holder of the corporation) elected by a majority vote of the certificate holders of the corporation who are members of such association. (c) The board of directors shall be the governing board of the corporation and shall be responsible for the general policies and program of the corporation. The board of directors may appoint from among its membership such committees as it may deem advisable to carry out the affairs of the corporation, including an executive committee and an investment committee. (d) The board of directors shall make and adopt such bylaws for the conduct of the corporation as it may deem necessary and proper which are consistent with the terms of this Act.
officers of the corporation Sec. 7. (a) The officers of the corporation shall be a chairman of the board of directors who shall also be the president of the corporation, a vice president, a secretary-treasurer, and an assistant secretary-treasurer. The duties of the officers of the corporation shall be as prescribed in the constitution and bylaws of the corporation. (b) Before entering upon his duties as secretary-treasurer or as assistant secretary-treasurer, each such officer shall be required to give a good and sufficient surety bond to the corporation in the amount of $10,000, conditioned upon the faithful performance of his duties. For the purposes of this section the term “faithful performance of his duties” shall include the proper accounting for all funds and property received by reason of the position or employment of the individual so bonded and all duties and responsibilities imposed upon such individual by this Act and by the constitution and bylaws of the corporation. 76 Stat. 138 (c) The board of directors shall elect the officers of the corporation in such manner as may be prescribed by the constitution and bylaws of the corporation.
use of income; loans to officers, directors, or employees Sec. 8. (a) No part of the income or assets of the corporation shall inure to any member, officer, or director, except as payment of death benefits or as remuneration for services which remuneration for services must be approved by the board of directors of the corporation. (b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof. (c) No director or officer of the corporation shall receive any money or valuable thing for negotiating, procuring, recommending, or aiding in any purchase by or sale to the corporation of any property, or any loan from the corporation, nor be pecuniarily interested, either as principal, coprincipal, agent, or benenciary, in any such purchase, sale, or loan, nor shall the financial obligation of any such director or officer be guaranteed by the corporation in any capacity: Provided, That nothing herein contained shall prevent any such director or officer from receiving a fee for serving on any committee that passes on the investments of the corporation.
nonpolitical nature of corporation Sec. 9. The corporation, and its officers, directors, and duly appointed agents, as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office.
liability for acts of officers and agents Sec. 10. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.
charitable corporation, not subject to insurance laws of the district of columbia Sec. 11. The corporation created by this Act is declared to be a benevolent and charitable corporation, and all of the funds and property of such corporation shall be exempt from taxation, other than taxation on the real property of the corporation. Such corporation shall not be subject to the laws regulating the business of insurance in the District of Columbia.
books and records; inspection Sec. 12. The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any of the authority of the board of direct ore; and it shall also keep a record of the names of its members. All books and records of the corporation may be inspected by any member, or his agent or attorney, for any proper purpose, at any reasonable time.
76 Stat. 139
filing with the board of commissioners of the district of columbia Sec. 13. (a) The corporation shall file, with the Board of Commissioners of the District of Columbia or an agent designated by the Board, a copy of its bylaws and copies of the forms of contracts to be offered to eligible persons. (b) The accounts of the corporation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted at the place or places where the accounts of the corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audit; and the full facilities for verifying transactions with the balances or securities held by depositors, fiscal agents, and custodians shall be afforded to such person or persons. (c) A report of such audits shall be made by the corporation to the Board of Commissioners of the District of Columbia or an agent designated by the Board not later than six months following the close of such fiscal year for which the audit is made. The report shall set forth the scope of the audit and shall include verification by the person or persons conducting the audit of statements of (1) assets and liabilities, (2) capital and surplus or deficit, (3) surplus or deficit analysis, (4) income and expenses, and (5) sources and application of funds. Such report shall also include a statement of the operations of the corporation for such fiscal year. (d) If the Board of Commissioners of the District of Columbia or an agent designated by the Board for such purpose shall have reason to believe that the corporation is not complying with the provisions of this Act, or is being operated for profit, or is being fraudulently conducted, they shall cause to be instituted the necessary proceedings to require compliance with this Act, or to enjoin such improper conduct.
transfer of contracts, obligations, and assets Sec. 14. The corporation is authorized and empowered to take over, assume, and carry out all contracts, obligations, and assets of the corporation heretofore organized and now doing business in the District of Columbia under the name of the Metropolitan Police Relief Association of the District of Columbia, upon discharging or satisfactorily providing for the payment and discharge of all liability of such corporation and upon complying with all laws in force in the District of Columbia applicable thereto.
agent in district of columbia Sec. 15. The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the corporation, and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.
reservation of right to alter, amend, or repeal charter Sec. 16. The right to alter, amend, or repeal this Act is hereby expressly reserved.
Approved July 5, 1962.
Public Law 87–524: To provide that lands within the exterior boundaries of a national forest acquired under section 8 of the Act of June 28, 1934, as amended (43 Ü.S.C. 315g), may be added to the national forest. Public Law 524 Public Law 87–524 76 Stat. 140 1962-07-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 140 Public Law 87–524
AN ACT To provide that lands within the exterior boundaries of a national forest acquired under section 8 of the Act of June 28, 1934, as amended (43 Ü.S.C. 315g), may be added to the national forest.

July 9, 1962

[H. R. 9822]

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

National forest lands.
That lands heretofore or hereafter acquired under section 8 of the Act of June 28, 1934

49 Stat. 1976.

 (48 Stat. 1272), as amended (43 U.S.C. 315g), which are within the exterior boundaries of a national forest and which are determined by the Secretary of Agriculture to be suitable for administration as a part of the national forest may be set apart and reserved by the Secretary of the Interior by public land order as a part of such national forest. Lands so set apart and reserved shall be subject to the laws, rules, and regulations applicable to lands set apart and reserved from the public domain within such national forest.
Approved July 9, 1962.
Public Law 87–525: Authorizing the Dow Chemical Company to construct, maintain, and operate a bridge across the Rio Grande at or near Heath Crossing, Texas. Public Law 525 Public Law 87–525 76 Stat. 140 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–525
AN ACT Authorizing the Dow Chemical Company to construct, maintain, and operate a bridge across the Rio Grande at or near Heath Crossing, Texas.

July 10, 1962

[H. R. 8982]

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

Bridge construction.

Heath Crossing, Tex.
That the Dow Chemical Company, a Delaware corporation with a permit to do business in Texas, is authorized to construct, maintain, and operate a bridge and approaches thereto across the Rio Grande, so far as the United States has jurisdiction over such river, at a point suitable to the interests of navigation, at or near Heath Crossing, Texas, located between Stillwell Creek and Horse Canyon, in accordance with the provisions of the Act entitled “An Act to regulate the construction of

34 Stat. 84.

33 USC 491 note.

 bridges over navigable waters”, approved March 23, 1906, and subject to (1) the conditions and limitations contained in this Act. (2) the approval of the International Boundary and Water Commission, United States and Mexico, and (3) the approval of the proper authorities in the Republic of Mexico.
Sec. 2.

Toll rates and charges.

 The Dow Chemical Company for a period of sixty-six years from the date of completion of such bridge may fix and charge tolls for transit over such bridge in accordance with any laws of the State of Texas or the United States applicable thereto, and the rates of toll so fixed shall be the legal rates until changed under the authority contained in the Act of March 23, 1906, referred to in the first section.
Sec. 3. Notwithstanding the provisions of section 6 of the Act of March 23, 1906 (33 U.S.CÏ496), this Act shall be null and void unless the actual construction of the bridge referred in the first section of this Act is commenced within one year and completed within three years from the date of enactment of this Act.
Sec. 4. The right to alter, amend, or repeal this Act is hereby expressly reserved.
Approved July 10, 1962.
Public Law 87–526: To amend title 14, United States Code, entitled “Coast Guard”, to extend the application of certain laws relating to the military services to the Coast Guard for purposes of uniformity. Public Law 526 Public Law 87–526 76 Stat. 141 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 141 Public Law 87–526
AN ACT To amend title 14, United States Code, entitled “Coast Guard”, to extend the application of certain laws relating to the military services to the Coast Guard for purposes of uniformity.

July 10, 1962

[S. 2107]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That title 14, United

Coast Guard.

 States Code, is amended as follows: (1) Section 461 is amended—

68 Stat. 1238.

 (A) By amending the heading to read as follows:
“§461. Pay and allowances; pay of officers indebted to the United States; remission of indebtedness of enlisted members”
(B) By adding at the end thereof the following new subsection: “(c) If he considers it in the best interest of the United States, the Secretary of the Treasury may have remitted or canceled any part of an enlisted member’s indebtedness to the United States or any of its instrumentalities remaining unpaid before, or at the time of, that member’s honorable discharge.” (2) The analysis of chapter 13 is amended by striking out the

14 USC 461–511.

 following item: “461.

and inserting the following item in place thereof:

“461. (3) Section 495 is repealed.

Repeal.

63 Stat. 535.

14 USC 495.

 (4) The analysis of chapter 13 is amended by striking out the following item: “495. (5) Section 496 is amended to read as follows:

14 USC 496.
“§496. Time limit on award; report concerning deed “(a) No medal of honor, distinguished service medal, distinguished flying cross, Coast Guard medal, or bar, emblem, or insignia in lieu thereof may be awarded to a person unless— “(1) the award is made within five years after the date of the deed or service justifying the award; “(2) a statement setting forth the deed or distinguished service and recommending official recognition of it was made by his superior through official channels within three years from the date of that deed or termination of the service. “(b) If the Secretary determines that— “(1) a statement setting forth the deed or distinguished service and recommending official recognition of it was made by the person’s superior through official channels within three years from the date of that deed or termination of the service and was supported by sufficient evidence within that time; and “(2) no award was made, because the statement was lost or through inadvertence the recommendation was not acted upon; a medal of honor, distinguished service medal, distinguished flying cross, Coast Guard medal, or bar, emblem, or insignia in lieu thereof, as the case may lie, may be awarded to the person within two years after the date of that determination.”
76 Stat. 142 (6)

14 USC 631–654.

 Chapter 17 is amended by adding the following new section after section 654:
“§655. Arms and ammunition; immunity from taxation “No tax on the sale or transfer of firearms, pistols, revolvers, shells, or cartridges may be imposed on such articles when bought with funds appropriated for the United States Coast Guard.”
(7) The analysis of chapter 17 is amended by adding (he following new item thereto: “655.
Approved July 10, 1962.
Public Law 87–527: To supplement certain provisions of Federal law incorporating the Texas and Pacific Railway Company in order to give certain additional authority to such company. Public Law 527 Public Law 87–527 76 Stat. 412 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–527
AN ACT To supplement certain provisions of Federal law incorporating the Texas and Pacific Railway Company in order to give certain additional authority to such company.

July 10, 1962

[S. 3025]

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

Texas and Pacific Railway Company.
That in addition to the powers conferred by the Act entitled “An Act to incorporate the Texas Pacific Railroad Company and to aid in the construction of its road, and for other purposes”, approved March 3, 1871 (16 Stat. 573), as supplemented by the Act of May 2, 1872 (17 Stat. 59), the Act of March 3, 1873 (17 Stat. 598), the Act of June 22, 1874 (18

Acquisition of stock from other carriers.

24 Stat. 379.

49 USC 1 et seq.

 Stat. 197), and the Act of February 9, 1923 (42 Stat. 1223), The Texas and Pacific Railway Company shall have the right and authority, subject to the provisions of the Interstate Commerce Act and any Acts supplemental thereto, to acquire securities or stock of, or property from, any other carrier.
Sec. 2.

Capital stock increase.

 The capital stock of The Texas and Pacific Railway Company, heretofore fixed by its board of directors pursuant to the provisions of the Act of February 9, 1923, at $75,000,000 may be increased at any time in such amounts as do not result in more than $100,000,000 of such company’s capital stock outstanding and as are agreed to by resolution of its board of directors duly adopted in accordance with such company’s bylaws and with the consent of the holders of a majority in amount of its then outstanding capital stock, expressed by vote in person or by proxy at a meeting of said stockholders called for the purpose upon such notice as such bylaws require. The provisions of the Act of February 9, 1923, with respect to the additional capital stock authorized by such Act (except with respect to the aggregate amount thereof), shall be applicable to the additional capital stock authorized by this Act and, in addition thereto, the par value of the capital stock of said company and the number of shares thereof shall, subject to the limitations of this Act, be in such amount as may be determined from time to time by resolution of such company’s board of directors duly adopted in accordance with such company’s bylaws and with the consent of the holders of a majority in amount of its then outstanding capital stock, expressed by vote in person or by proxy at a meeting of said stockholders called for the purpose upon such notice as such bylaws require.
Sec. 3. All power and authority granted to The Texas and Pacific Railway Company by this Act, the Act incorporating such company, and Acts supplemental thereto, shall be subject to the provisions of the Interstate Commerce Act and any Acts supplemental thereto.
Approved July 10, 1962.
Public Law 87–528: To amend the Federal Aviation Act of 1958, as amended, to provide for supplemental air carriers, and for other purposes. Public Law 528 Public Law 87–528 76 Stat. 143 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 143 Public Law 87–528
AN ACT To amend the Federal Aviation Act of 1958, as amended, to provide for supplemental air carriers, and for other purposes.

July 10, 1962

[S. 1969]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 101

Federal Aviation Act of 1958, amendment.

72 Stat. 737.

 of the Federal Aviation Act of 1958 (49 U.S.C. 1301) is amended by redesignating paragraphs (32) and (33) as (34) and (35), respectively, and by inserting immediately after paragraph (31) the following new paragraphs: “(32) ‘Supplemental air carrier’ means an air carrier holding a

Definitions.

 certificate of public convenience and necessity authorizing it to engage in supplemental air transportation. “(33) ‘Supplemental air transportation’ means charter trips in air transportation, other than the transportation of mail by aircraft, rendered pursuant to a certificate of public convenience and necessity issued pursuant to section 401(d)(3) of this Act to supplement the scheduled service authorized by certificates of public convenience and necessity issued pursuant to sections 401(d)(1) and (2) of this Act.”

49 USC 1371.
Sec. 2. Subsection (d) of section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371(d)) is amended by adding at the end thereof the following new paragraph: “(3) In the case of an application for a certificate to engage in supplemental

Supplemental air carriers.

Issuance of certificates.

 air transportation, the Board may issue a certificate, to any applicant not holding a certificate under paragraph (1) or (2) of this subsection, authorizing the whole or any part thereof, and for such periods, as may be required by the public convenience and necessity, if it finds that the applicant is lit, willing, and able properly to perform the transportation covered by the application and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board hereunder. Any certificate issued pursuant to this paragraph shall contain such limitations as the Board shall find necessary to assure that the service rendered pursuant thereto will be limited to supplemental air transportation as defined in this Act.”
Sec. 3. Subsection (e) of section 401 of the Federal Aviation Act of

Terms and conditions.

 1958 (49 U.S.C. 1371(e)) is amended to read as follows:
“terms and conditions of certificate “(e) (1) Each certificate issued under this section shall specify the terminal points and intermediate points, if any, between which the air carrier is authorized to engage in air transportation and the service to be rendered; and there shall be attached to the exercise of the privileges granted by the certificate, or amendment thereto, such reasonable terms, conditions, and limitations as the public interest may require. “(2) A certificate issued under this section to engage in foreign air transportation shall, insofar as the operation is to take place without the United States, designate the terminal and intermediate points only insofar as the Board shall deem practicable, and otherwise shall designate only the general route or routes to be followed. Any air carrier holding a certificate for foreign air transportation shall be authorized to handle and transport mail of countries other than the United States. “(3) A certificate issued under this section to engage in supplemental air transportation shall designate the terminal and intermediate points only insofar as the Board shall deem practicable and otherwise shall designate only the geographical area or areas within or between which service may be rendered. 76 Stat. 144 “(4) No term, condition, or limitation of a certificate shall restrict the right of an air carrier to add to or change schedules, equipment, accommodations, and facilities for performing the authorized transportation and service as the development of the business and the demands of the public shall require; except that the Board may impose such terms, conditions, or limitations in a certificate for supplemental

Ante, p. 143.

 air transportation when required by subsection (d)(3) of this section. “(5) No air carrier shall be deemed to have violated any term, condition, or limitation of its certificate by landing or taking off during an emergency at a point not named in its certificate or by operating in an emergency, under regulations which may be prescribed by the Board, between terminal and intermediate points other than those specified in its certificate. “(6) Any air carrier, other than a supplemental air carrier, may perform charter trips or any other special service, without regard to the points named in its certificate, or the type of service provided therein, under regulations prescribed by the Board.”
Sec. 4. Section 401 of the Federal Aviation Act of 1958 (49 U.S.C.

72 Stat. 754.

 1371) is amended by adding at the end thereof the following new subsection:
“additional towers and duties of board with respect to supplemental air carriers “(n) (1) No certificate to engage in supplemental air transportation,

Poet, p. 145.

 and no special operating authorization described in section 417 of this title, shall be issued or remain in effect unless the applicant for such certificate or the supplemental air carrier, as the case may be, complies with regulations or orders issued by the Board governing the filing and approval of policies of insurance, in the amount prescribed by the Board, conditioned to pay, within the amount of such insurance, amounts for which such applicant or such supplemental air carrier may become liable for bodily injuries to or the death of any person, or for loss of or damage to property of others, resulting from the negligent operation or maintenance of aircraft under such certificate or such special operating authorization. “(2) In order to protect travelers and shippers by aircraft operated by supplemental air carriers, the Board may require any supplemental air carrier to file a performance bond or equivalent security arrangement, in such amount and upon such terms as the Board shall prescribe, to be conditioned upon such supplemental air carriers making appropriate compensation to such travelers and shippers, as prescribed by the Board, for failure on the part of such carrier to perform air transportation services in accordance with agreements therefor. “(3) If any service authorized by a certificate to engage in supplemental air transportation is not performed to the minimum extent prescribed by the Board, it may by order, entered after notice and hearing, direct that such certificate shall thereupon cease to be effective to the extent of such service. “(4) The requirement that each applicant for a certificate to engage in supplemental air transportation must be found to be fit, willing, and able properly to perform the transportation covered by his application and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board under this Act, shall be a continuing requirement applicable to each supplemental air carrier with respect to the transportation authorized by, and currently furnished or proposed to be furnished under, such carrier’s certificate. The Board shall by order, entered after notice and hearing, modify, suspend, or revoke such certificate, in whole or in part, for failure of76 Stat. 145 such carrier (A) to comply with the continuing requirement that such carrier be so fit, willing, and able, or (B) to file such reports as the Board may deem necessary to determine whether such carrier is so fit. willing, and able. “(5) In any case in which the Board determines that the failure of

Suspension of certificates.

 a supplemental air carrier to comply with the provisions of paragraph (1), (3), or (4) of this subsection, or regulations or orders of the Board thereunder, requires, in the interest of the rights, welfare, or safety of the public, immediate suspension of such carriers certificate, the Board shall suspend such certificate, in whole or in part, without notice or hearing, for not more than thirty days. The Board shall immediately enter upon a hearing to determine whether such certificate should be modified, suspended, or revoked and, pending the completion of such hearing, the Board may further suspend such certificate for additional periods aggregating not more than sixty days. If the Board determines that a carrier whose certificate is suspended under this paragraph comes into compliance with the provisions of paragraphs (1), (3), and (4) of this subsection, and regulations and orders of the Board thereunder, the Board may immediately terminate the suspension of such certificate and any pending proceeding commenced under this paragraph, but nothing in this sentence shall preclude the Board from imposing on such carrier a civil penalty for any violation of such provisions, regulations, or orders. “(6) The Board shall prescribe such regulations and issue such orders as may be necessary to carry out the provisions of this subsection.”
Sec. 5. Clause (3) of section 406(b) of the Federal Aviation Act of

Subsidy Ineligibility.

72 Stat. 763.

 1958 (49 U.S.C. 1376(b)) is amended by inserting after “each such air carrier” the words “(other than a supplemental air carrier)”.
Sec. 6. Title IV of the Federal Aviation Act of 1958 is amended by

49 USC 1371–1386.

 adding at the end thereof the following new section:
“Special Operating Authorizations “authority of board to issue “Sec. 417. (a) If the Board finds upon an investigation conducted on its own initiative or upon request of an air carrier— “(1) that the capacity for air transportation being offered by the holder of a certificate of public convenience and necessity between particular points in the United States is, or will be, temporarily insufficient to meet the requirements of the public or the postal service; or “(2) that there is a temporary requirement for air transportation between two points, one or both of which is not regularly served by any air carrier; and “(3) that any supplemental air carrier can provide the additional service temporarily required in the public interest; the Board may issue to such supplemental air carrier a special operating authorization to engage in air transportation between such points. “terms of authorization “(b) A special operating authorization issued under this section— “(1) shall contain such limitations or requirements as to frequency of service, size or type of equipment, or otherwise, as will assure that the service so authorized will alleviate the insufficiency which otherwise would exist, without significant diversion of traffic from the holders of certificates for the route; 76 Stat. 146 “(2) shall be valid for not more than thirty days and may be extended for additional periods aggregating not more than sixty days; and “(3) shall not be deemed a license within the meaning of section 9(b) of the Administrative Procedure Act (5 U.S.C.

60 Stat. 242.

 1008(b)). “procedure “(c) The Board shall by regulation establish procedures for the expeditious investigation and determination of requests for such special operating authorizations. Such procedures shall include written notice to air carriers certificated to provide service between the points involved, and shall provide for such opportunity to protest the application in writing, and at the Board’s discretion to be heard orally in support of such protest, as will not unduly delay issuance of such special operating authorization, taking into account the degree of emergency involved.
Sec. 7.

Interim operating authority.

Ante, p. 143.

 (a) If any applicant who makes application under section 401(d)(3) of the Federal Aviation Act of 1958 for a certificate for supplemental air transportation within thirty days after the date of enactment of this Act shall show— (1) that it, or its predecessor in interest, was an air carrier authorized to furnish service between places within the United States under a certificate of public convenience and necessity issued by the Civil Aeronautics Board pursuant to order E–13436, adopted January 28, 1959, or order E–14196, adopted July 8, 1959, or that it was given interim authority to operate in interstate air transportation as a supplemental air carrier under Board order E–9744 of November 15, 1955, and has pending before the Board an application for certification as a supplemental air carrier which was filed prior to July 14, 1960; (2) that, during the period beginning on the date such certificate was issued or such interim operating authority was conferred by the Board and ending on the date of enactment of this Act, such applicant or his predecessor in interest lawfully performed (A) a substantial portion of the transportation authorized by such certificate or interim operating authority, (B) substantial operations in overseas or foreign air transportation, as a supplemental or large irregular air carrier, authorized by the Board, or (C) substantial operations for the Military Establishment of the United States authorized by the Board; (3) that such certificate or interim operating authority had not been revoked or otherwise terminated by the Board or had not otherwise expired prior to the enactment of this Act: Provided, That for the purposes of this section such certificate or operating authority shall be considered to have been revoked or terminated if the Board has issued a final order to that effect on or before the date of enactment of this Act, notwithstanding a pending judicial review of such order; and (4) that such certificate or interim operating authority is held by the original grantee or has been transferred to the applicant with Board approval pursuant to section 401(h) of the Federal

72 Stat. 756.

49 USC 1371.

 Aviation Act of 1958: Provided, That a person who on the date of enactment of this Act had on file with the Board an application for the approval of transfer to him of a certificate for supplemental air transportation or interim operating authority, may be issued a new interim certificate or new interim operating authority under this section if the Board approves the transfer pursuant to section 401(h) of the Federal Aviation Act of 1958;76 Stat. 147 the Board may issue a new interim certificate or new interim authority to such applicant to engage in supplemental air transportation, as defined in the Federal Aviation Act of 1958, subject to such terms, conditions, and limitations as the Board may prescribe, pending issuance or denial of a certificate pursuant to section 401(d)(3) of the Federal Aviation Act of 1958, if it determines that the applicant is

Ante, p. 143.

 fit, willing, and able properly to perform such transportation and to conform to the provisions of such Act and the rules, regulations, and requirements of the Board and the Administrator. (b) If any applicant who makes application under section 401(d)(3) of the Federal Aviation Act or 1958 for a certificate for supplemental air transportation within thirty days after the date of enactment of this Act shall show that it or its predecessor has received interim operating authority from the Civil Aeronautics Board pursuant to paragraph (2) of the first section of Public Law 86–661 of July 14, 1960 (74 Stat. 527), the Board may issue new interim authority to such applicant to engage in supplemental air transportation, as defined in the Federal Aviation Act of 1958, subject to such terms, conditions,

Ante, p. 143.

 and limitations as the Board may prescribe, pending issuance or denial of a certificate pursuant to section 401(d)(3) of the Federal Aviation Act of 1958, if it determines that the applicant is fit, willing, and able properly to perform such transportation and to conform to the provisions of such Act and the rules, regulations, and requirements of the Board and the Administrator. (c) If an applicant who makes application under section 401 (d)(3) of the Federal Aviation Act of 1958 for a certificate for supplemental air transportation shall show— (1) that it, or its predecessor in interest, was a carrier authorized to furnish all-cargo service between places within the United States by a certificate of public convenience and necessity issued by the Civil Aeronautics Board pursuant to order numbered E–3085, adopted July 29, 1949, order numbered E–9760, adopted November 21, 1955, or order numbered E–10084, adopted March 12, 1956; (2) that within thirty days prior to such application there has become final an order of the Civil Aeronautics Board in the domestic cargo-mail service case, docket numbered 10,067 and others, denying applicant’s, or its predecessor’s, application for renewal of such certificate; and (3) that immediately prior to the effective date of such denial the applicant, or its predecessor in interest, lawfully performed either (A) any portion of the service authorized by the certificate or (B) any operations for the Military Establishment of the United States authorized by the Board; the Board may issue a new interim certificate to such applicant to engage in supplemental air transportation, as defined in the Federal Aviation Act of 1958, subject to such terms, conditions, and limitations as the Board may prescribe, pending issuance or denial of a certificate pursuant to section 401 (d)(3) of the Federal Aviation Act of 1958, if it determines that the applicant is fit, willing and able properly to perform such transportation and to conform to the provisions of such Act and the rules, regulations, and requirements of the Board and the Administrator. (d) A new interim certificate or new interim authority issued under this section shall not be deemed a license within the meaning of section 9(b) of the Administrative Procedure Act (5 U.S.C. 1008(b)).

60 Stat. 242.

Continuation of operations.
Sec. 8. (a) If any air carrier, or its predecessor in interest, was an air carrier authorized to furnish service between places within the United States by a certificate of public convenience and necessity issued76 Stat. 148 by the Civil Aeronautics Board pursuant to order E–13436, adopted .January 28, 1959, or order E–14196, adopted July 8, 1959, or it or its predecessor received interim operating authority from the Board pursuant to paragraph (2) of the first section of Public Law 86–661 of July 14, 1960 (74 Stat. 527), and the operating authority described in this subsection has not been revoked or otherwise terminated by the Board, it may perform operations as described in such certificate or such interim operating authority, subject to the terms, conditions, and limitations applicable to such certificate or such interim operating authority, or both, as the case may be, for thirty days from the date of enactment of this Act, and if it has filed application pursuant to

Ante, p. 143.

 section 401(d)(3) of the Federal Aviation Act of 1958 within said thirty days, may perform such operations, subject to such terms, conditions, and limitations, for a period of ninety days from the date of enactment of this Act. Any air carrier whose application for certification as a supplemental air carrier is pending before the Board and which (A) has operated in interstate air transportation as a supplemental air carrier pursuant to authority granted under Board order E–9744 of November 15, 1955, and (B) had such application for a certificate as a supplemental air carrier pending before the Board on July 14, 1960, and whose operating authority described in this subsection has not been revoked or otherwise terminated by the Board, may continue to operate in interstate air transportation as described in such operating authority, subject to the terms, conditions, and limitations applicable to such operating authority, for thirty days from the date of enactment of this Act, and if it has filed application pursuant to section 401(d)(3) of the Federal Aviation Act of 1958 within said thirty days, may perform such operations, subject to such terms, conditions, and limitations, for a period of ninety days from the date of enactment of this Act. (b) The certificates of public convenience and necessity issued by the Board pursuant to order E–13436 adopted January 28, 1959, and order E–14196, adopted July 8, 1959, and the interim operating authority issued by the Board pursuant to paragraph (2) of the first section of Public Law 86–661 or July 14, 1960 (74 Stat. 527), and the exemption authority issued by the Board under order E–9744 of November 15, 1955, and prior authority under individual exemptions or Letters of Registration reinstated by the Board under order E–10161 of April 3, 1956, shall terminate thirty days from the date of enactment of this Act. (c) From and after the thirtieth day after the date of enactment of this Act the provisions of section 9(o) of the Administrative Procedure

60 Stat. 242.

 Act (5 U.S.C. 1008(b)) shall not be applicable to any operating authority referred to in this section, or to any application for renewal thereof.
Sec. 9.

Individually ticketed and waybilled services.

 The Civil Aeronautics Board may, if it finds such authorization to be in the public interest to permit an orderly transition to an all-charter operation, authorize the holder of any certificate or other operating authority issued by the Board under this Act or under section 401 (d)(3) of the Federal Aviation Act of 1958 to perform individually ticketed and individually waybilled services in air transportation during the two-year period beginning on the date of enactment of this Act, subject to such terms, conditions, and limitations as the Board may prescribe, except that the annual gross revenue of such holder from services authorized by this section during each year of such two-year period shall not exceed the average annual gross revenue from individually ticketed and individually waybilled services furnished by such holder, as authorized by the Board, during the period76 Stat. 149 beginning January 1, 1959, and ending December 31, 1961, inclusive, as determined by the Board.
Sec. 10. The provisions of this Act shall in no way affect the authority of the Board— (1) to maintain any enforcement or compliance proceeding or action against the holder of a certificate of public convenience and necessity issued pursuant to Board order E–13436 of January 28, 1959, or Board order E–14196 of July 8, 1959, or against the holder of any interim operating authority conferred by the Board under paragraph (2) of the first section of Public Law 86–661 or under

74 Stat. 527.

 Board order E–9744 of November 15, 1955, which proceeding or action is pending before the Board on the date of enactment of this Act; or (2) to institute, on or after the date of enactment of this Act, any enforcement or compliance proceeding or action against the holder of any certificate or interim operating authority referred to in paragraph (1) of this section with respect to any violation of— (A) the Federal Aviation Act of 1958,

49 USC 1301 note.

 (B) the provisions of such certificate, (C) the terms of such operating authority, or (D)

the regulations of the Board,

without regard to when such violation occurred.

 Any sanction which the Board lawfully could have imposed on the operating authority of the holder of any certificate or interim operating authority referred to in paragraph (1) of this section for any violation referred to in paragraph (2) of this section, which violation occurred prior to the issuance to such holder of a new interim certificate or new interim authority under section 7 of this Act or the issuance to such holder of a certificate of public convenience and necessity to engage in supplemental air transportation under paragraph (3) of section 401(d) of the Federal Aviation Act of 1958, may be imposed

Ante, p. 143.

 on the certificate or other operating authority issued to such holder under section 7 of this Act or under paragraph (3) of section 401(d) of the Federal Aviation Act of 1958.
Sec. 11. Any application of an air carrier heretofore consolidated into the Board proceeding known as the Large Irregular Air Carrier Investigation, Docket Numbered 5132 and others, shall be deemed to have been finally disposed of upon the date of enactment of this Act.
Sec. 12. Section 901(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1471 (a)) is amended to read as follows:

72 Stat. 783.
“safety, economic, and postal, offenses “Sec. 901. (a) (1) Any person who violates (A) any provision of title III, IV, V, VI, VII, or XII of this Act, or any rule, regulation,

49 USC 1341, 1371, 1401, 1421, 1441, 1521, 1482.

 or order issued thereunder, or under section 1002(i), or any term, condition, or limitation of any permit or certificate issued under title IV, or (B) any rule or regulation issued by the Postmaster General under this Act, shall be subject to a civil penalty of not to exceed $1,000 for each such violation. If such violation is a continuing one, each day of such violation shall constitute a separate offense: Provided, That this subsection shall not apply to members of the Armed Forces of the United States, or those civilian employees of the Department of Defense who are subject to the provisions of the Uniform Code of Military Justice, while engaged in the performance of their official duties;

10 USC 801–940.

 and the appropriate military authorities shall be responsible for taking any necessary disciplinary action with respect thereto and for making to the Administrator or Board, as appropriate, a timely report of any such action taken. 76 Stat. 150 “(2) Any such civil penalty may be compromised by the Administrator

49 USC 1341, 1401, 1421, 1521.

 in the case of violations of titles III, V, VI, or XII, or any rule, regulation, or order

49 USC 1371, 1441, 1482.

 issued thereunder, or by the Board in the case of violations of titles IV or VII, or any rule, regulation, or order issued thereunder, or under section 1002 (i), or any term, condition, or limitation of any permit or certificate issued under title IV, or by the Postmaster General in the case of regulations issued by him. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged.”
Sec. 13. Section 902(a) of the Federal Aviation Act of 1958 (49

72 Stat. 784.

 U.S.C. 1472(a)) is amended to read as follows:
“general “Sec. 902. (a) Any person who knowingly and willfully violates any provision of this Act (except titles III, V, VI, VII, and XII), or any order, rule, or regulation issued by the Administrator or by the Board under any such provision or any term, condition, or limitation of any certificate or permit issued under title IV, for which no penalty is otherwise provided in this section or in section 904, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject for the first offense to a fine of not more than $500, and for any subsequent offense to a fine of not more than $2,000. If such violation is a continuing one, each day of such violation shall constitute a separate offense.”
Sec. 14. (a) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the heading “Sec. 401. Certificate of public convenience and necessity.” is amended by adding at the end thereof the following: “(n) (b) That portion of such table of contents which appears under the heading “Title IV—Air Carrier Economic Regulation” is amended by adding at the end thereof the following: “Sec. 417. “(a) “(b) “(c) (c) That portion of such table of contents which appears under the heading “Sec. 901. Civil penalties.” is amended by striking out “(a) Safety and postal offenses.” and inserting in lieu thereof “(a) Safety, economic, and postal offenses.”.
Approved July 10, 1962.
Public Law 87–529: To amend the Communications Act of 1934 in order to give the Federal Communications Commission certain regulatory authority over television receiving apparatus. Public Law 529 Public Law 87–529 76 Stat. 150 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–529
AN ACT To amend the Communications Act of 1934 in order to give the Federal Communications Commission certain regulatory authority over television receiving apparatus.

July 10, 1962

[H. R. 8031]

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

Television receiving apparatus.

48 Stat. 1082.
That section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by inserting at the end thereof the following: 76 Stat. 151 “(s) Have authority to require that apparatus designed to receive television pictures broadcast simultaneously with sound be capable of adequately receiving all frequencies allocated by the Commission to television broadcasting when such apparatus is shipped in interstate commerce, or is imported from any foreign country into the United States, for sale or resale to the public.”
Sec. 2. Part I of title III of the Communications Act of 1934 is

47 USC 301–329.

 amended by inserting at the end thereof a new section as follows:
“prohibition against shipment of certain television receivers “Sec. 330. (a) No person shall ship in interstate commerce, or import from any foreign country into the United States, for sale or resale to the public, apparatus described in paragraph (s) of section 303 unless it complies with rules prescribed by the Commission pursuant to the authority granted by that paragraph: Provided, That this section shall not apply to carriers transporting such apparatus without trading in it. “(b) For the purposes of this section and section 303(s)—

Definitions.

 “(1) The term ‘interstate commerce’ means (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States and any place outside thereof which is within the United States, (B) commerce between points in the same State, the District of Columbia. the Commonwealth of Puerto Rico, or possession of the United States but through any place outside thereof, or (C) commerce wholly within the District of Columbia or any possession of the United States. “(2) The term ‘United States’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States, but does not include the Canal Zone.”
Approved July 10, 1962.
Public Law 87–530: To amend section 310 of the Agricultural Adjustment Act of 1938 to extend the time by which a lease transferring a tobacco acreage allotment may be filed. Public Law 530 Public Law 87–530 76 Stat. 151 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–530
JOINT RESOLUTION To amend section 310 of the Agricultural Adjustment Act of 1938 to extend the time by which a lease transferring a tobacco acreage allotment may be filed.

July 10, 1962

[S. J. Res. 201]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 316 of the

Agricultural Adjustment Act of 1938, amendment.

75 Stat. 469.

7 USC 1314b.

 Agricultural Adjustment Act of 1938 is amended by adding thereto a new subsection (g) to read: “(g) Notwithstanding the provisions of subsection (c) relating to the filing of a lease with the county committee, the lease and transfer of an allotment for the 1962 crop year shall be effective if, (1) the Secretary finds that a lease in compliance with the provisions of this section was agreed upon prior to the normal planting time in the county, as determined by the Secretary, or June 15, 1962, whichever is earlier, and (2) the terms of the lease are reduced to writing and filed in the county office in which the farms involved are located within twenty days of the date this subsection becomes law.”
Approved July 10, 1962.
Public Law 87–531: To amend section 302 of the Career Compensation Act of 1949, as amended (37 U.S.C. 252), to increase the basic allowance for quarters of members of the uniformed services, and for other purposes. Public Law 531 Public Law 87–531 76 Stat. 152 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 152 Public Law 87–531
AN ACT To amend section 302 of the Career Compensation Act of 1949, as amended (37 U.S.C. 252), to increase the basic allowance for quarters of members of the uniformed services, and for other purposes.

July 10, 1962

[H. R. 11221]

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

Uniformed Services.

Quarters.

Basic allowance, increase.

72 Stat. 127.
That the table in section 302(f) of the Career Compensation Act of 1949, as amended (37 U.S.C. 2.52(f)), prescribing monthly basic allowances for quarters for members of the uniformed services, is amended to read as follows:
“Pay grade Without dependents With dependents
     
O–10 $160.20  $201.00 
O–9 160.20  201.00 
O–8 160.20  201.00 
O–7 160.20  201.00 
O–6 140.10  170.10 
O–5 130.20  157.50 
O–4 120.00  145.05 
O–3 105.00  130.05 
O–2 95.10  120.00 
O–1 85.20  110.10 
W–4 120.00  145.05 
W–3 105.00  130.05 
W–2 95.10  120.00 
W–1 85.20  110.10 
E–9 85.20  120.00 
E–8 85.20  120.00 
E–7 75.00  114.90 
E–6 70.20  110.10 
E–5 70.20  105.00 
E–4 (over 4 years service) 70.20  105.00 
E–4 (4 years or less service) 45.00  45.00 
E–3 45.00  45.00 
E–2 45.00  45.00 
E–1 45.00  45.00”.
     
Sec. 2.

Repeal.

64 Stat. 795.

 Section 302(g) of the Career Compensation Act of 1949 (37 U.S.C. 252(g)) is repealed.
Sec. 3. Section 302(h) of the Career Compensation Act of 1949, as amended (37 U.S.C. 252(h)), is amended— (1) by striking out the words “subsection (f) of this section” and substituting in place thereof the words “section 3 of the

Post, p. 153.

 Dependents Assistance Act of 1950 (50 App. U.S.C. 2203)”; (2) by inserting the words “in pay grades E–1, E–2, E–3, and E–4 (four years’ or less service)” after the words “enlisted members with dependents”; (3) by striking out the words “(or in the case of enlisted members in pay grades E–4 and E–5, $60; or in the case of enlisted members in pay grades E–6, E–7, E–8, and E–9, $80)”; and (4) by inserting the following new clause immediately before the colon preceding the second proviso: “; or (7) for the calendar months in which such member serves on active duty for training (including full-time duty performed by members of the Army or Air National Guard for which they receive pay from the United States under section 316, 503, 504, or 505 of title 32, United

70A Stat. 605, 610, 611.

 States Code) if that training is for a period of thirty days or more”.
Sec. 4. The Dependents Assistance Act of 1950, as amended (50

64 Stat. 794.

 App. U.S.C. 2201 et seq.), is amended— 76 Stat. 153 (1) by amending section 3 (50 App. U.S.C. 2203) to read as

64 Stat. 795.

 follows:
“Sec. 3. For the duration of this Act, section 302(f) of the Act of October 12, 1949 (Public Law 351, Eighty-first Congress), is hereby

72 Stat. 127

37 USC 252.

 amended by striking out that portion of the table appearing therein which prescribes monthly basic allowances for quarters for enlisted members in pay grades E–1, E–2, E–3, and E–4 (four years’ or less service) and inserting in lieu thereof the following new table:
“Pay grade Without dependents 1 dependent 2 dependents 3 or more dependents
         
E–4 (4 years or fess service) $55.20  $81.10  $83.10  $105.00 
E–3 55.20  55.20  83.10  105.00 
E–2 55.20  55.20  83.10  105.00 
E–1 56.20  55.20  83.10  105.00”;
         
(2) by amending section 7 (50 App. U.S.C. 2207) by striking

64 Stat. 796.

 out the words “on training duty,” and substituting in place thereof the words “in pay grades E–1, E–2, E–3, and E–4 (four years’ or less service) on active duty for training for less than 30 days, to enlisted members on active duty for training under section 262 of the Armed Forces Reserve Act of 1952, as amended (50 U.S.C. 1013), or any other enlistment program that requires an

69 Stat. 600; 73 Stat. 221.

 initial period of active duty for training,”; and (3) by amending section 8 (50 App. U.S.C. 2208) by striking

64 Stat. 796.

 out the words “For the purposes of this Act” and capitalizing the first letter of the next word and by inserting the words “(over four years’ service)” after the words “pay grade E–4”.
Sec. 5. The Secretaries of the departments concerned shall have the same authority with respect to payments of quarters allowances to enlisted members of the uniformed services in pay grades E–4 (over 4 years’ service) through E–9 that they have with respect to enlisted members of the uniformed services in pay grades E–1, E–2, E–3, and E–4 (4 years’ or less service) under sections 10 and 11 of the Dependents Assistance Act of 1950 (50 App. U.S.C. 2210, 2211).
Sec. 6. Section 1 (c) and (f) of the Act of May 19, 1952, chapter

Repeal.

37 USC 252 note, 252.

Effective date.

 310 (66 Stat. 79, 80) is repealed.
Sec. 7. This Act becomes effective on January 1, 1963.
Approved July 10, 1962.
Public Law 87–532: To authorize the San Benito International Bridge Company to construct, maintain, and operate a toll bridge across the Rio Grande near Los Indios, Texas, and to authorize the Starr-Camargo Bridge Company to construct, maintain, and operate a toll bridge across the Rio Grande near Rio Grande City, Texas. Public Law 532 Public Law 87–532 76 Stat. 153 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–532
AN ACT To authorize the San Benito International Bridge Company to construct, maintain, and operate a toll bridge across the Rio Grande near Los Indios, Texas, and to authorize the Starr-Camargo Bridge Company to construct, maintain, and operate a toll bridge across the Rio Grande near Rio Grande City, Texas.

July 10, 1962

[H. R. 9883]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) (1) the San

Toll bridges, construction.

Los Indios; Rio Grande. Tex.

 Benito International Bridge Company of San Benito, Texas, is authorized to construct a toll bridge and approaches thereto across the Rio Grande, at a point suitable to the interests of navigation, at or near Los Indios, Texas, and for a period of sixty-six years from the date of completion of such bridge, to maintain and operate such bridge and to collect tolls for the use thereof, so far as the United States has76 Stat. 154 jurisdiction over the waters of such river; and (2) the Starr-Camargo Bridge Company of the State of Texas is authorized to construct a toll bridge and approaches thereto across the Rio Grande, at a point suitable to the interests of navigation, at or near Rio Grande City, Texas, and for a period of sixty-six years from the date of completion of such bridge, to maintain and operate such bridge and to collect tolls for the use thereof, so far as the United States has jurisdiction over the waters of such river. (b) In the case of each such bridge, the construction, maintenance, and operation authorized by this Act shall be in accordance with the provisions of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906 (33 U.S.C.

34 Stat. 84.

 491 to 498, inclusive/, and shall be subject to (1) the conditions and limitations contained in this Act, (2) the approval of the International Boundary and Water Commission, United States and Mexico, and (3) the approval of the proper authorities in the Republic of Mexico.
Sec. 2.

Rates and charges.

 Each of the companies referred to in the first section of this Act may fix and charge tolls for transit over the bridge which it is authorized under such section to construct, in accordance with the laws of the State of Texas, and the laws of the United States, applicable to such tolls, and the rates of toll so fixed shall be the legal rates until changed under the authority contained in section 4 of the Act of March 23, 1906 (33 U.S.C 494).
Sec. 3.

Rights, powers, etc.

 Each such company may sell, assign, transfer, or mortgage the rights, powers, and privileges conferred on it by this Act, to any public agency, or to an international bridge authority or commission, and any such agency, authority, or commission is authorized to exercise the rights, powers, and privileges acquired under this section (including acquisition by mortgage foreclosure) in the same manner as if such rights, powers, and privileges had been granted by this Act directly to such agency, authority, or commission.
Sec. 4. Notwithstanding the provisions of section 6 of the Act of March 23, 1906 (33 U.S.C. 496), this Act shall be null and void as to any bridge authorized to be constructed by this Act unless the actual construction of such bridge is commenced within three years and completed within five years from the date of enactment of this Act.
Sec. 5. The right to alter, amend, or repeal this Act is expressly reserved.
Approved July 10, 1962.
Public Law 87–533: To change the name of the Hydrographic Office to United States Naval Oceanographic Office. Public Law 533 Public Law 87–533 76 Stat. 154 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–533
AN ACT To change the name of the Hydrographic Office to United States Naval Oceanographic Office.

July 10, 1962

[H. R. 8045]

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

U.S. Naval Oceanographic Office.

Designation.

70A Stat. 456.

10 USC 7391–7396.
That (a) chapter 639 of title 10, United States Code, is amended by striking out. the word “Hydrographic” and inserting the words “United States Naval Oceanographic” in place thereof in—(1) the chapter heading; (2) the catchline and first and second sentences of section 7391; (3) the catchline and clause (1) of section 7392; (4) the catchline and subsections (a) and (b) of section 7393; and (5) section 7394. 76 Stat. 155 (b) The chapter analysis of chapter 639 of title 10, United States Code, is amended by striking out the following items: “7301. “7392. “7393.

and inserting the following item in place thereof:

“7391. “7392. “7393.
Sec. 2. The analyses of subtitle C and part IV of subtitle C of title 10, United States Code, are each amended by striking out the following

70A Stat. 276, 442.

10 USC 5001, 7201.

 item: “639. 7391”

and inserting the following item in place thereof:

“839. 7391”.
Approved July 10, 1962.
Public Law 87–534: To repeal certain obsolete provisions of law relating to the mints and assay offices, and for other purposes. Public Law 534 Public Law 87–534 76 Stat. 155 1962-07-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–534
AN ACT To repeal certain obsolete provisions of law relating to the mints and assay offices, and for other purposes.

July 11, 1962

[S. 2130]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 3495

Mints, assay offices.

Repeal of obsolete statutes.

 of the Revised Statutes, as amended (31 U.S.C. 261), is amended to read as follows:
“Sec. 3495. The different mints and assay offices shall be— “First. The mint of the United States at Philadelphia. “Second. The mint of the United States at Denver. “Third. The United States assay office at New York. “Fourth. The United States assay office at San Francisco.”
Sec. 2. Section 3558 of the Revised Statutes, as amended (31 U.S.C. 288), is amended to read as follows:
“Sec. 8558. The business of the United States assay office at San Francisco shall be in all respects similar to that of the assay office at New York, except that no gold or silver shall be refined. The Officer in Charge shall be allowed the amount of necessary and bona fide wastage as determined by the Secretary of the Treasury but not to exceed that provided for the melter and refiner in section 3542 of this title, for wastage incurred in the casting of fine gold and silver bars.

31 USC 355.

 Such wastage allowance shall not apply to deposit operations.”
Sec. 3. The following obsolete provisions of law are repealed: (a) Section 344 of the Revised Statutes (31 U.S.C. 252). (b) Section 3497 of the Revised Statutes, as amended (31 U.S.C. 264). (c) Section 3498 of the Revised Statutes, as amended (31 U.S.C. 265). (d) Section 3499 of the Revised Statutes, as amended (31 U.S.C. 268). (e) Section 3500 of the Revised Statutes (31 U.S.C. 269). (f) Section 3502 of the Revised Statutes (31 U.S.C. 254, 271). (g) Section 3504 of the Revised Statutes, as amended (31 U.S.C. 266,272). (h) Section 3556 of the Revised Statutes, as amended (31 U.S.C. 280). 76 Stat. 156 (i) Section 3557 of the Revised Statutes, as amended (31 U.S.C. 282). (j) Section 3559 of the Revised Statutes, as amended (31 U.S.C. 284). (k) Section 3560 of the Revised Statutes, as amended (31 U.S.C. 285). (l) Section 3561 of the Revised Statutes, as amended (31 U.S.C. 286). (m) Act of February 20, 1895 (ch. 105, 28 Stat. 673; 31 U.S.C. 262,283).
Approved July 11, 1962.
Public Law 87–535: To amend and extend the provisions of the Sugar Act of 1948, as amended. Public Law 535 Public Law 87–535 76 Stat. 156 1962-07-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–535
AN ACT To amend and extend the provisions of the Sugar Act of 1948, as amended.

July 13, 1962

[H. R. 12154]

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

Sugar Act Amendments of 1962.

Post, p. 169.

Annual consumption estimate.

61 Stat. 923.

7 USC 1111.
That this Act may be cited as the “Sugar Act Amendments of 1962”.
Sec. 2. Section 201 of the Sugar Act of 1948, as amended, is amended as follows: by striking out the last sentence thereof, all of the language following the phrase “in addition to the consumption, inventory, population, and demand factors above specified and the level and trend of consumer purchasing power,” and by adding after such phrase the following language: “shall take into consideration the relationship between the price for raw sugar that he estimates would result from such determination and the parity index, as compared with the relationship between the average price of raw sugar during the three-year period 1957, 1958, and 1959, and the average of the parity indexes during such three years, with the view to attaining generally stable domestic sugar prices that will carry out over the long term the price objective previously set forth in this section; and in order that the regulation of commerce provided by this Act shall not result in excessive prices to consumers, the Secretary shall make such additional allowances as he deems necessary in the amount of sugar determined

“Partly Index.”

 to be needed to meet requirements of consumers. The term ‘parity index’ as used herein shall mean such index as determined under

7 USC 1301.

 section 301 of the Agricultural Adjustment Act of 1938, as amended, and as published monthly by the United States Department of Agriculture.”
Sec. 3.

Quotas, establishment or revision.

65 Stat. 318.

7 USC 1112.

 Section 202 of such Act is amended to read as follows:
“Sec. 202. Whenever a determination is made, pursuant to section 201, of the amount of sugar needed to meet the requirements of consumers, the Secretary shall establish quotas, or revise existing quotas— 76 Stat. 157 “(a) (1) For domestic sugar-producing areas, by apportioning among such areas five million eight hundred and ten thousand short tons, raw value, as follows:
“Area Short tons, raw value
Domestic beet sugar 2,650,000
Mainland cane sugar 805,000
Hawaii 1,110,000
Puerto Rico 1,140,000
Virgin Islands 15,000
  ____________
Total 5,810,000
“(2) (A) To the above total of five million eight hundred and ten thousand short tons, raw value, there shall be added an amount equal to 65 per centum of the amount by which the Secretary’s determination of requirements of consumers in the continental United States for the calendar year exceeds nine million seven hundred thousand short tons, raw value. Such additional amount shall be apportioned between the domestic beet sugar area and the mainland cane sugar area on the basis of the quotas for such areas established under paragraph (1) of this subsection and the amounts so apportioned shall be added to the quotas for such areas. “(B) Whenever the production of sugar in Hawaii, Puerto Rico, or in the Virgin Islands in any year subsequent to 1961 results in their being available for marketing in the continental United States in any year sugar in excess of the quota for such area for such year established under paragraph (1) of this subsection, the quota for the immediately following year established for such area under paragraph (1) of this subsection shall be increased to the extent of such excess production: Provided, That in no event shall the quota for Hawaii, Puerto Rico, or the Virgin Islands, as so increased, exceed the quota which would have been established for such area at the same level of consumption requirements under the provisions of section 202(a) of the Sugar Act of 1948, as amended, in effect immediately prior to the date of enactment of the Sugar Act

Supra.

 Amendments of 1962. “(b) For the Republic of the Philippines, in the amount of one million and fifty thousand short tons, raw value, of sugar. “(c) (1) For the six-month period ending December 31, 1962, for foreign countries other than the Republic of the Philippines an amount of sugar, raw value, equal to the amount determined pursuant to section 201 less the sum of (i) the quotas established pursuant to subsections

61 Stat. 923;

Ante, p. 156.

7 USC 1111.

 (a) and (b) of this section, (ii) the amount of nonquota purchase sugar authorized for importation between January 1 and June 30, 1962, inclusive, pursuant to Sugar Regulation 820, and (iii) the quotas for foreign countries other than the Republic of the Philippines established by Sugar Regulation 811 for the six-month period ending June 30, 1962. “(2) For the calendar years 1963 and 1964, for foreign countries other than the Republic of the Philippines, an amount of sugar, raw value, equal to the amount determined pursuant to section 201 less the sum of the quotas established pursuant to subsections (a) and (b) of this section. 76 Stat. 158 “(3) (A) The quotas for foreign countries other than the Republic of the Philippines determined under paragraphs (1) and (2) of this subsection, less five thousand six hundred and sixty-seven short tons, raw value, for 1962 and less eleven thousand three hundred and thirty-two short tons, raw value, for 1963 and 1964, shall be prorated among such countries on the following basis:
“Country Per centum
Cuba 57.77
Peru 6.71
Dominican Republic 6.71
Mexico 6.71
Brazil 6.37
British West Indies 3.19
Australia 1.41
Republic of China 1.24
French West Indies 1.06
Colombia 1.06
Nicaragua 0.88
Costa Rica 0.88
Ecuador 0.88
India 0.71
Haiti 0.71
Guatemala 0.71
South Africa 0.71
Panama 0.53
El Salvador 0.36
Paraguay 0.35
British Honduras 0.35
Fiji Islands 0.35
Netherlands 0.35
“(B) For the six-month period ending December 31, 1962, Canada, United Kingdom, Belgium, and Hong Kong shall be permitted to import into the continental United States the amount of sugar allocated to each in Sugar Regulation 811, issued December 11, 1961 (26 F.R. 11963). For the calendar .years 1963 and 1964, Canada, United Kingdom, Belgium, and Hong Kong shall be permitted to import into the continental United States a total of thirteen hundred and thirty-two short tons of sugar, raw value, which amount shall be allocated to such countries in amounts as specified in Sugar Regulation 811, as amended, issued March 31, 1961 (26 F.R. 2774); “(C) For the six-month period ending December 1962, the Secretary is authorized to allocate to foreign countries not enumerated in subparagraph (A) or (B) an amount of sugar, raw value, not exceeding in the aggregate five thousand short tons. For the calendar years 1963 and 1964, the Secretary is authorized to allocate to foreign countries not enumerated in subparagraph (A) or (B) an amount of sugar, raw value, not exceeding in the aggregate ten thousand short tons. Each foreign country to which an allocation is made under the provisions of this subparagraph for any period or year shall be permitted to import into the continental United States the amount of sugar allocated to it by the Secretary. 76 Stat. 159 “(4) Notwithstanding the provisions of paragraph (3) of this

Post, p. 169.

 subsection, whenever the United States is not in diplomatic relations with any country named in paragraph (3) of this subsection and during such period after resumption of diplomatic relations with such country as the Secretary determines is required to permit an orderly adjustment in the channels of commerce for sugar, the proration or allocation provided for in paragraph (3) of this subsection shall not be made to such country, and a quantity of sugar not to exceed an amount equal to the proration or allocation which would have been made but for the provisions of this paragraph, may be authorized for purchase and importation from foreign countries, except that all or any part of such quantity need not be purchased from any country with which the United States is not in diplomatic relations, or from any country designated by the President whenever he finds and proclaims that such action is required in the national interest. In authorizing the purchase and importation of sugar from foreign countries under this paragraph, special consideration shall be given to countries of the Western Hemisphere and to those countries purchasing United States agricultural commodities. “(5) Sugar authorized for purchase pursuant to paragraph (4) of this subsection shall be raw sugar, except that if the Secretary determines that the total quantity is not reasonably available as raw sugar from the countries either named or determined by the Secretary under paragraph (4) of this subsection, he may authorize for purchase for direct consumption from such countries such part of such quantity of sugar as he determines may be required to meet the requirements of consumers in the United States. “(6) Sugar shall not be authorized for purchase pursuant to paragraph (4) of this subsection from any foreign country which imports sugar unless, in the preceding and current calendar year, its aggregate exports of sugar to countries other than the United States equal or exceed its aggregate imports of sugar. “(d) Whenever in any year any foreign country with a quota or proration thereof of more than ten thousand short tons, raw value, fails to fill such quota or proration by more than ten per centum and at any time during such year the world price of sugar exceeds the domestic price, the quota or proration thereof for such country for subsequent years shall be reduced by an amount equal to the amount by which such country failed to fill its quota or proration thereof, unless the Secretary finds that such failure was due to crop disaster or force majeure or finds that such reduction would be contrary to the objectives of this Act. Any reduction hereunder shall be prorated in the same manner as deficits are prorated under section 204.

Post, p. 160.

Post, p. 169.

 “(e) If a foreign country imports sugar, it may not export sugar to the United States to fill its quota or proration thereof for any year unless, in both the preceding and current calendar years, its aggregate exports of sugar to countries other than the United States equal or exceed its aggregate imports of sugar. If sugar is exported to the United States from any foreign country in any year in violation of this subsection (e), the quota or proration thereof for such foreign country76 Stat. 160 for subsequent years shall be reduced by an amount equal to three times the lesser of (i) the amount of such country’s excess of imports of sugar over its exports of sugar to countries other than the United States during the preceding or current calendar year, in whichever year an excess or the larger excess occurs, or (ii) the amount of sugar exported to the United States by such country to fill its quota or proration thereof during the calendar year in which the violation of this subsection (e) occurred. “(f) The quota or proration thereof or purchase authorization established for any foreign country may be filled only with sugar produced from sugarbeets or sugarcane grown in such country.”
Sec. 4.

Quota deficits, proration.

65 Stat. 319; Post, p. 169.

7 USC 1114.

 Section 204 of such Act is amended to read as fol lows:
“Sec. 204. (a) The Secretary shall from time to time determine whether, in view of the current inventories of sugar, the estimated production from the acreage of sugarcane or sugarbeets planted, the normal marketings within a calendar year of new-crop sugar, and other pertinent factors, any area or country will be unable to market the quota or proration for such area or country. If the Secretary determines that any domestic area or foreign country will be unable to market the quota or proration for such area or country, he shall revise the quota for the Republic of the Philippines and the prorations for

Ante, p. 158.

 foreign countries named in section 202(c)(3)(A) by prorating an amount of sugar equal to the deficit so determined to such countries without a deficit on the basis of the quota for the Republic of the Philippines and the prorations for such countries then in effect: Provided, That no part of any such deficit shall be prorated to any country not in diplomatic relations with the United States. If the Secretary determines that any foreign country will be unable to fill its share of any deficit determined under this section, he shall apportion such unfilled amount on such basis and to the Republic of the Philippines and such other foreign countries named in section 202(c)(3)(A) as he determines is required to fill any such deficit: Provided, That no such apportionment shall be made to any foreign country not in diplomatic relations with the United States. If the Secretary determines that neither the Republic of the Philippines nor the countries named in section 202(c)(3)(A) can fill all of any such

Ante, p. 159.

 deficit whenever the provisions of section 202(c)(4) apply, he shall add such unfilled amount to the quantity of sugar which may be purchased pursuant to section 202(c)(4), and whenever section 202(c)(4) does not apply he shall apportion such unfilled amount on such basis and to such foreign countries in diplomatic relations with the United States as he determines is required to fill such deficit. “(b) The quota established for any domestic area or the Republic

Ante, pp. 157, 158.

 of the Philippines under section 202 shall not be reduced by reason of any determination of a deficit existing in any calendar year under subsection (a) of this section.”
Sec. 5.

Quota allotments.

61 Stat. 926.

7 USC 1115.

 (a) Section 205(a) of such Act is amended by inserting in the second sentence thereof immediately after “sugarbeets or sugarcane” the following: “, limited in any year when proportionate shares were in effect to processings”. (b) Section 205(a) of such Act is further amended by inserting after the second sentence thereof the following new sentence: “The Secretary is also authorized in making such allotments, whenever there is involved any allotment that pertains to a new sugarbeet processing plant or factory serving a locality having a substantial76 Stat. 161 sugarbeet acreage for the first time or that pertains to an existing sugarbeet processing plant or factory with substantially expanded facilities added to serve farms having a substantial sugarbeet acreage for the first time, to take into consideration in lieu or or in addition to the foregoing factors of processing, past marketings, and ability to market, the need of establishing an allotment which will permit such marketing of sugar as is necessary for reasonably efficient operation of any such new processing plant or factory or expanded facilities during each of the first two years of its operation.”
Sec. 6. Section 206 of such Act is amended to read as follows:

Sugars containing products.
“Sec. 206. The sugar or liquid sugar in any product or mixture, which the Secretary determines is the same or essentially the same in composition and use as a sugar-containing product or mixture which was imported into the United States during any three or more of the five years prior to 1960 without being subject to a quota under this Act, shall not be subject to the quota and other provisions of this Act, unless the Secretary determines that the actual or prospective importation or bringing into the United States or Puerto Rico of such sugar-containing product or mixture will substantially interfere with the attainment of the objectives of this Act: Provided, That the sugar and liquid sugar in any other product or mixture imported or brought into the United States or Puerto Rico shall be subject to the quota and other provisions of this Act unless the Secretary determines that the actual or prospective importation or bringing in of the sugar-containing product or mixture will not substantially interfere with the attainment of the objectives of this Act. In determining whether the actual or prospective importation or bringing into the United States or Puerto Rico of any sugar-containing product or mixture will or will not substantially interfere with the attainment of the objectives of this Act. the Secretary shall take into consideration the total sugar content of the product or mixture in relation to other ingredients or to the sugar content of other products or mixtures for similar use, the costs of the mixture in relation to the costs of its ingredients for use in the United States or Puerto Rico, the present or prospective volume of importations relative to past importations, and other pertinent information which will assist him in making such determination. Determinations by the Secretary that do not subject sugar or liquid sugar in a product or mixture to a quota, may be made pursuant to this section without regard to the rulemaking requirements of section 4 of the Administrative Procedure Act, and by addressing such determinations

60 Stat. 238.

5 USC 1003.

 in writing to named persons and serving the same upon them by mail. If the Secretary has reason to believe it likely that the sugar or liquid sugar in any product or mixture will be subject to a quota under the provisions of this section, he shall make any determination provided for in this section with respect to such product or mixture in conformity with the rulemaking requirements of section 4 of the Administrative Procedure Act.”
Sec. 7. Section 207 of such Act is amended to read as follows:

Direct-consumption sugar quotas.

7 USC 1117.

Ante, p. 157.
“Sec. 207. (a) The quota for Hawaii established under section 202 for any calendar year may be filled by direct-consumption sugar not to exceed an amount equal to 0.342 per centum of the Secretary’s determination for such year issued pursuant to section 201. “(b) The quota for Puerto Rico established under section 202 for

61 Stat. 923; Ante, p. 156.

7 USC 1111.

 any calendar year may be filled by direct-consumption sugar not to exceed an amount equal to 1.5 per centum of the Secretary’s determination for such year issued pursuant to section 201: Provided, That one hundred and twenty-six thousand and thirty-three short tons, raw value, of such direct-consumption sugar shall be principally of crystalline structure. 76 Stat. 162 “(c) None of the quota for the Virgin Islands for any calendar year may be filled by direct-consumption sugar. “(d) Not more than fifty-six thousand short tons of sugar of the quota for the Republic of the Philippines for any calendar year may be filled by direct-consumption sugar as provided under section 201

69 Stat. 413.

22 USC 1372 and note.

Ante, p. 158.

Ante, p. 160.

 of the Philippine Trade Agreement Revision Act of 1955. “(e) (1) None of the proration established for Cuba under section 202(c)(3) for any calendar year and none of the deficit prorations and apportionments for Cuba established under section 204(a) may be filled by direct-consumption sugar. “(2)

Post, p. 170.

 The proration or allocation established for each foreign country which receives a proration or allocation of twenty thousand short tons, raw value, or less under section 202(c)(3), may be filled by direct-consumption sugar to the extent of the average amount of direct-consumption sugar entered by such country during the years 1957, 1958, and 1959. None of the proration or allocation established for each foreign country which receives a proration or allocation of more than twenty thousand short tons, raw value, under section 202(c)(3), may be filled by direct-consumption sugar. None of the deficit prorations and apportionments for foreign countries established under section 204(a) may be filled by direct-consumption sugar. “(f) This section shall not apply with respect to the quotas established

61 Stat. 925.

7 USC 1113.

 under section 203 for marketing for local consumption in Hawaii and Puerto Rico. “(g) The direct-consumption portions of the quotas established pursuant to this section, and the enforcement provisions of title II applicable thereto, shall continue in effect and shall not be subject

61 Stat. 933; Post, p. 166.

7 USC 1158.

 to suspension pursuant to the provisions of section 408 of this Act unless the President acting thereunder specifically finds and proclaims that a national economic or other emergency exists with respect to sugar or liquid sugar which requires the suspension of direct-consumption portions of the quotas.
Sec. 8.

Liquid sugar foreign quotas.

65 Stat. 319.

7 USC 1118.

 Section 208 of such Act is amended to read as follows:
“Sec. 208. A quota for liquid sugar for foreign countries for each calendar year is hereby established as follows: two million gallons of sirup of cane juice of the type of Barbados molasses, limited to liquid sugar containing soluble nonsugar solids (excluding any foreign substances that may have been added or developed in the product) of more than 5 per centum of the total soluble solids, which is not to be used as a component of any direct-consumption sugar but is to be used as molasses without substantial modification of its characteristics after importation, except that the President is authorized to prohibit the importation of liquid sugar from any foreign country which he shall designate whenever he finds and proclaims that such action is required by the national interest.”
Sec. 9.

Prohibitions.

61 Stat. 928.

7 USC 1119.

 Section 209 of such Act is amended (1) by inserting before the last three words of subsection (a) the words “or proration”; (2) by inserting after the word “proration” in subsection (d) the words “or allocation” and by striking the period at the end of subsection (d) and inserting a semicolon in lieu thereof; and (3) by adding a new subsection (e) to read as follows: “(e) From bringing or importing into the Virgin Islands for consumption therein, any sugar or liquid sugar produced from sugarcane or sugarbeets grown in any area other than Puerto Rico, Hawaii, or the continental United States.”
Sec. 10.

Sugar exportation.

 (a) Section 211(a) of such Act is amended by striking out the first two sentences thereof. (b)

7 USC 1121.

 Sect ion 211(c) is amended to read as follows: “The quota established for any domestic sugar-producing area may be filled only with76 Stat. 163 sugar or liquid sugar produced from sugarbeets or sugarcane grown in such area.”
Sec. 11. Section 212 of such Act is amended by inserting after

61 Stat. 929.

7 USC 1122.

 “alcohol,” in clause (4) thereof the following: “including all polyhydric alcohols,”.
Sec. 12. A new section 213 is added and inserted immediately after

Import fee.

 section 212 of such Act as follows:
“Sec. 213. (a) An import fee established as provided in subsection

Post, p. 170.

 (b) of this section shall be paid to the United States as a condition for importing into the continental United States sugar purchased pursuant to paragraph (4) of section 202(c) of this Act. Such fee shall

Ante, p. 159.

 be paid by the person applying to the Secretary for entry and release of sugar. Such payment shall be made in accordance with regulations promulgated by the Secretary. “(b) Whenever the Secretary determines that the currently prevailing price for raw sugar for the United States market exceeds the market price which he determines, from available information, prevails for raw sugar of foreign countries which may be imported into the continental United States pursuant to paragraph (4) of section 202(c), he shall establish an import fee in such amount as he determines from time to time will approximate the amount by which a domestic price for raw sugar, at a level that will fulfill the domestic price objective set forth in section 201, would exceed the market price for raw sugar (adjusted for freight to New York, and most-favored-nation tariff) of foreign countries which may be imported into the continental United States pursuant to paragraph (4) of section 202(c). Such fee shall be imposed on ft per pound, raw value, basis, and shall be applied uniformly to sugar purchased pursuant to paragraphs (4) and (5) of section 202(c). “(c) As a condition for importing sugar into the continental United States pursuant to paragraph (3) of section 202(c) and section 204(a)

Ante, pp. 158, 160.

 of this Act, an import fee shall be paid to the United States during the years 1962, 1963, and 1964, which fee in each such year shall be respectively 10, 20, and 30 per centum of the amount which the Secretary determines from time to time will approximate the amount by which a domestic price for raw sugar, at a level that will fulfill the domestic price objective set forth in section 201 would exceed either the prevailing

61 Stat. 923; Ante, p. 156.

7 USC 1111.

 market price for raw sugar (adjusted for freight to New York, and most-favored-nation tariff) of foreign countries which may be imported, into the continental United States pursuant to paragraph (4) of section 202(c), or whenever paragraph (4) of section 202(c) does not apply, the prevailing world market price for raw sugar (adjusted for freight to New York, and most-favored-nation tariff). The fee provided for in this paragraph shall be imposed on a per pound, raw value, basis, and snail be applied uniformly, except that the import fee imposed on any direct-consumption sugar during the years 1962, 1963, and 1964, shall be respectively 0.1, 0.2, and 0.3 or one cent per pound more than the import fee imposed on raw sugar under this paragraph. “(d) The funds collected as import fees by the Secretary pursuant to the provisions of this section shall be covered into the Treasury as miscellaneous receipts.”
Sec. 13. (a) Section 301(b) of such Act is amended by striking

Proportionate share production.

61 Stat. 929.

7 USC 1131.

 out the language “in excess or the proportionate share for the farm, as determined by the Secretary” and inserting in lieu thereof the language “in excess of the proportionate share for the farm, if farm proportionate shares are determined by the Secretary”. (b) Section 302(a) of such Act is amended by striking out the

7 USC 1132.

 language “for the farm, as determined by the Secretary,” and inserting76 Stat. 164 in lieu thereof the language “for the farm, if farm proportionate shares are determined by the Secretary,”. (c)

61 Stat. 930.

7 USC 1132.

 Section 302(b) of such Act is amended to read as follows: “(b) (1) Whenever the Secretary determines that the production of sugar from any crop of sugarbeets or sugarcane will be greater than the quantity needed to enable the area to meet the quota, and provide a normal carryover inventory, as estimated by the Secretary for such area for the calendar year during which the larger part of the sugar from such crop normally would be marketed, he shall establish proportionate shares for farms in such area as provided in this subsection. In determining the proportionate shares with respect to a farm, the Secretary may take into consideration the past production on the farm of sugarbeets and sugarcane marketed (or processed) for the extraction of sugar or liquid sugar (within proportionate shares when in effect) and the ability to produce such sugarbeets or sugarcane. “(2) The. Secretary may also, in lieu of or in addition to the foregoing factors, take into consideration with respect to the domestic beet sugar area the sugarbeet production history of the person who was a farm operator in the base period, in establishing farm proportionate shares in any State or substantial portion thereof in which the Secretary determines that sugarbeet production is organized generally around persons rather than units of land, other than a State or substantial portion thereof wherein personal sugarbeet production history of farm operators was not used generally prior to 1962 in establishing farm proportionate shares. In establishing proportionate shares for farms in the domestic beet sugar area, the Secretary may first allocate to States (except acreage reserved) the total acreage required to enable the area to meet its quota and provide a normal carryover inventory (hereinafter referred to as the ‘national sugarbeet acreage requirement’) on the basis of the acreage history of sugarbeet production and the ability to produce sugarbeets for extraction of sugar in each State. “(3) In order to make available acreage for growth and expansion of the beet sugar industry, the Secretary, in addition to protecting the interest of new and small producers by regulations generally similar to those heretofore promulgated by him pursuant to this Act, shall reserve each year from the national sugarbeet acreage requirement established by him the acreage required to yield 65,000 short tons, raw value, of sugar. The acreage so reserved shall be distributed on a fair and reasonable basis, when it can be utilized, to farms without regard to any other acreage allocations to States or areas within States determined by him and shall be withheld from such other allocations until it can be so utilized: Provided, however, That beginning with 1966, the total acreage previously reserved and not used, plus that reserved in the current year, shall not exceed the acreage required to produce 100,000 short tons, raw value, of sugar. At the time the Secretary distributes the sugarbeet acreage reserve for any year, which determination of distribution shall be made as far in advance of such year as practicable, such distribution shall thereby be committed to be in effect for the year in which production of sugarbeets is scheduled to commence in a locality or localities determined by the Secretary to receive such reserves for such year, such determination of distribution by the Secretary shall be final, and such commitment of the sugarbeet acreage reserve shall be irrevocable upon issuance of such determination

Publication in F. R.

 of the Secretary by publication in the Federal Register; except that if the Secretary finds in any case that construction of sugarbeet processing facilities and the contracting for processing of sugarbeets has not proceeded in substantial accordance with the representations made to him as a basis for his determination of distribution76 Stat. 165 of the sugarbeet acreage reserve, he shall revoke such determination in accordance with and upon publication in the Federal Register of

Publication in F. R.

 such findings. In determining distribution of the sugarbeet acreage reserve and whenever proposals are made to construct sugarbeet processing facilities in two or more localities where sugarbeet production is scheduled to commence in the same year, the Secretary shall base his determination and selection upon the firmness of capital commitment, suitability for growing sugarbeets, the proximity of other mills, need for a cash crop or a replacement crop, and accessibility to sugar markets, and the relative qualifications of localities under such criteria. Whenever there is no interest in constructing a new facility to commence production in a certain year, the Secretary shall give consideration to proposals, if any, to substantially expand existing factory facilities and in such event he shall base his determination of distribution of the sugarbeet acreage reserve on the aforementioned criteria and the extent of the proposed substantial expansion or expansions. If proportionate shares are in effect in the two years immediately following the year for which the sugarbeet acreage reserve is committed for any locality, the acreage of proportionate shares established for farms in such locality in each of such two years shall not be less than the smaller of the acreage committed to such farms or the acreage required to yield 50,000 short tons, raw value, of sugar based upon the yield expectancy initially considered by the Secretary in distributing the sugarbeet acreage reserve to such locality. “(4) The allocation of the national sugarbeet acreage requirement to States for sugarbeet production, as well as the distribution of the sugarbeet acreage reserve, shall be determined by the Secretary after investigation and notice and opportunity for an informal public hearing. “(5) In determining farm proportionate shares, the Secretary shall, insofar as practicable, protect the interests of new producers and small producers and the interest of producers who are cash tenants, share tenants, adherent planters, or sharecroppers and of the producers in any local producing area whose past production has been adversely, seriously, and generally affected by drought, storm, flood, freeze, disease, insects, or other similar abnormal and uncontrollable conditions. “(6) Whenever the Secretary determines it necessary for the effective administration of this subsection in an area where farm proportionate shares are established in terms of sugarcane acreage, he may consider acreage of sugarcane harvested for seed on the farm in addition to past production of sugarcane for the extraction of sugar in determining proportionate shares as heretofore provided in this subsection; and whenever acreage of sugarcane harvested for seed is considered in determining farm proportionate shares, acreage of sugarcane harvested for seed shall be included in determining compliance with the provisions of section 301(b) of this Act, notwithstanding any other provisions of section 301(b). “(7) For the purposes of establishing proportionate shares hereunder and in order to encourage wise use oi land resources, foster greater diversification of agricultural production, and promote the conservation of soil and water resources in Puerto Rico, the Secretary, on application of any owner of a farm in Puerto Rico, is hereby authorized, whenever be determines it to be in the public interest and to facilitate the sale or rental of land for other productive purposes, to transfer the sugarcane production record for any parcel or parcels of land in Puerto Rico owned by the applicant to any other parcel or parcels of land owned by such applicant in Puerto Rico.”
76 Stat. 166
Sec. 14.

Collection of fees.

7 USC 1154.

Presidential authority.

7 USC 1158.

 Section 404 of such Act is amended by inserting “, fees” after the word “penalties” in the second sentence thereof.
Sec. 15. Section 408 of such Act is amended by striking out all of subsection (b) thereof and inserting the following new subsections (b) and (c): “(b) In the event the President, in his discretion, determines that any foreign country having a quota or receiving any authorization under this Act to import sugar into the United States, has been or is allocating the distribution of such quota or authorization within that country so as to discriminate against citizens of the United States, he shall suspend the quota or other authorization of that country until such time as he has received assurances, satisfactory to him, that the discrimination will not be continued. Any quantity so suspended shall be authorized for purchase in accordance with the provisions of section

Ante, pp. 159, 160.

 202(c)(4), or apportioned in accordance with section 204(a), whichever procedure is applicable. “(c) In any case in which the President determines that a nation or a political subdivision thereof has hereafter (1) nationalized, expropriated, or otherwise seized the ownership or control of the property of United States citizens or (2) imposed upon or enforced against such property or the owners thereof discriminatory taxes or other exactions, or restrictive maintenance or operational conditions not imposed or enforced with respect to property of a like nature owned or operated by its own nationals or the nationals of any government other than the Government of the United States, and has failed within six months following the taking of action in either of such categories to take steps determined by the President to be appropriate and adequate to remedy such situation and to discharge its obligations under international law toward such citizens, including the prompt payment to the owner or owners of such property so nationalized, expropriated, or otherwise seized, or to arrange, with the agreement of the parties concerned, for submitting the question in dispute to arbitration or conciliation in accordance with procedures under which a final and binding decision or settlement will be reached and full payment or arrangements with the owners for such payment made within twelve months following such submission, the President shall suspend any quota, proration of quota, or authorization to purchase and import sugar under this Act of such nation until he is satisfied that appropriate steps are being taken. Any quantity so suspended shall be authorized for purchase in accordance with the provisions of section 202(c)(4), or apportioned in accordance with section 204(a) whichever procedure is applicable.”
Sec. 16.

Extension of program.

7 USC 1101 note.

 Section 412 of such Act (relating to termination of the powers of the Secretary under the Act) is amended by striking out “June 30” and inserting in lieu thereof “December 31” and by striking out “1962” in each place it appears therein and inserting in lieu thereof “1966”
Sec. 17.

Repeal.

7 USC 1101 note.

 Section 413 of such Act (relating to the effective date of the Sugar Act of 1948 and the termination of the powers of the Secretary under the Sugar Act of 1937) is repealed.
Sec. 18. (a) Section 4501(c) (relating to termination of taxes on

75 Stat. 40.

26 USC 4501.

 sugar) of the Internal Revenue Code of 1954 is amended by striking out “December 31, 1962” in each place it appears therein and inserting in lieu thereof “June 30, 1967”. (b) Section 6412(d) (relating to refund of taxes on sugar) of the

26 USC 6412.

 Internal Revenue Code of 1954 is amended by striking out “December 31, 1962” and inserting in lieu thereof “June 30, 1967” and by striking out “March 31, 1963” and inserting in lieu thereof “September 30, 1967”.
76 Stat. 167
Sec. 19. (a) Except as otherwise provided, the amendments made by

Effective dates.

 this Act shall become effective January 1, 1962. (b) The amendments made by section 6 and section 12 of this Act shall each become effective on the date stated in regulations implementing each of such sections and published in the Federal Register,

Publication in F. R.

 or sixty days after the date of enactment of this Act, whichever is earlier.
Approved July 13, 1962.
Public Law 87–536: To amend section 6(d) of the Universal Military Training and Service Act (50 App. U.S.C. 456(d)) to authorize certain persons who complete a Reserve Officers’ Training Corps program to be appointed as commissioned officers in the Coast and Geodetic Survey. Public Law 536 Public Law 87–536 76 Stat. 167 1962-07-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–536
AN ACT To amend section 6(d) of the Universal Military Training and Service Act (50 App. U.S.C. 456(d)) to authorize certain persons who complete a Reserve Officers’ Training Corps program to be appointed as commissioned officers in the Coast and Geodetic Survey.

July 18, 1962

[H. R. 7719]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 6(d)

Coast and Geodetic Survey.

ROTC graduates.

65 Stat. 83.

 of the Universal Military Training and Service Act (50 App. U.S.C. 456(d)) is amended— (1) by amending the fourth sentence of paragraph (1) by striking out the word “Upon” and inserting the words “Except as provided in paragraph (5), upon” in place thereof; and (2) by adding the following new paragraph at the end thereof: “(5) Notwithstanding paragraph (1), upon the successful completion by any person of the required course of instruction under any Reserve Officers’ Training Corps program listed in clause (A) of the first sentence of paragraph (1) and subject to the approval of the Secretary of the military department having jurisdiction over him, such person may, without being relieved of his obligation under that sentence, be tendered, and accept, a commission in the Coast and Geodetic Survey instead of a commission in the appropriate reserve component of the Armed Forces. If he does not serve on active duty as a commissioned officer of the Coast and Geodetic Survey for at least six years, he shall, upon discharge therefrom, be tendered a commission in the appropriate reserve component of the Armed Forces, if he is otherwise qualified for such appointment, and, in fulfillment of his obligation under the first sentence of paragraph (1), remain a member of a reserve component until the sixth anniversary of the receipt of his commission in the Coast and Geodetic Survey. While a member of a reserve component he may, in addition to as otherwise provided by law, be ordered to active duty for such period that, when added to the period he served on active duty as a commissioned officer of the Coast and Geodetic Survey, equals two years.”
Approved July 18, 1962.
Public Law 87–537: To provide uniform computation of retired pay for enlisted members retired prior to June 1, 1958, under section 4 of the Armed Forces Voluntary Recruitment Act of 1945, as amended by section 6(a) of the Act of August 10, 1946 (60 Stat. 995). Public Law 537 Public Law 87–537 76 Stat. 168 1962-07-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 168 Public Law 87–537
AN ACT To provide uniform computation of retired pay for enlisted members retired prior to June 1, 1958, under section 4 of the Armed Forces Voluntary Recruitment Act of 1945, as amended by section 6(a) of the Act of August 10, 1946 (60 Stat. 995).

July 18, 1962

[H. R. 4330]

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

Armed Forces.

Retirement pay.
That members retired prior to June 1, 1958, pursuant to section 4 of the Armed Forces

59 Stat. 539.

 Voluntary Recruitment Act of 1945, as amended by section 6(a) of the Act of August 10, 1946 (60 Stat. 995), are authorized to include active service performed to the date of retirement as creditable service in the computation of basic pay upon which retired pay is based.
Approved July 18, 1962.
Public Law 87–538: Providing for the designation of the week commencing October 14, 1962, as “National Public Works Week”. Public Law 538 Public Law 87–538 76 Stat. 168 1962-07-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–538
JOINT RESOLUTION Providing for the designation of the week commencing October 14, 1962, as “National Public Works Week”.

July 18, 1962

[S. J. Res. 68]

 Whereas public works facilities and services are of vital importance to the health and well-being of the people of this Nation, and Whereas the members of Federal, State, and local units of government are responsible for and must design, build, operate and maintain the highway, water supply, sewage and refuse disposal systems, public buildings and other structures and facilities essential to serve the citizens of our country, and Whereas such facilities and services could not be provided without the dedicated efforts of the public works engineers and administrators of this Nation, and Whereas the ability of governmental agencies to attract and retain competent persons to provide said facilities and services in the most efficient manner possible, is materially influenced by the people’s attitude toward their public servants, and Whereas it is in the public interest for the citizens and civic leaders of this country to become better acquainted with the public works needs and programs of their respective communities: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

National Public Works Week.
That the President is authorized and requested to issue a proclamation designating the seven-day period commencing October 14, 1962, as “National Public Works Week”, and calling upon the people of the United States to celebrate such week with activities and ceremonies paying tribute to the public works engineers and administrators of the Nation and the important work which they perform.
Approved July 18, 1962.
Public Law 87–539: To amend the Act relating to the importation of adult honeybees, and to amend certain provisions of the Sugar Act of 1948, as amended. Public Law 539 Public Law 87–539 76 Stat. 169 1962-07-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 169 Public Law 87–539
AN ACT To amend the Act relating to the importation of adult honeybees, and to amend certain provisions of the Sugar Act of 1948, as amended.

July 19, 1962

[H. R. 8050]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 1 of

Honeybees, Importation.

 the Act of August 31, 1922 (42 Stat. 833; 7 U.S.C. 281), is amended to read as follows:
“Section 1. In order to prevent the introduction and spread of diseases dangerous to the adult honeybee, the importation into the United States of all honeybees of the genus Apis in the. adult stage is hereby prohibited, and all adult honeybees offered for import into the United States shall be destroyed if not immediately exported: Provided, That such adult honeybees may be imported into the United States by the United States Department of Agriculture for experimental or scientific purposes: Provided further, That such adult honeybees may be imported into the United States from countries in which the Secretary of Agriculture shall determine that no diseases dangerous to adult honeybees exist and that adequate precautions have been taken by such countries to prevent the importation of honeybees from countries where such dangerous diseases exist, under rules and regulations prescribed by the Secretary of the Treasury and the Secretary of Agriculture.”
Sec. 2. (a) Section 202(c)(4) of the Sugar Act of 1948, as amended,

Sugar Act of 1948, amendment.

65 Stat. 318.

Ante, p. 159.

7 USC 1112.

 is amended by inserting “(A)” after “(4)”, and by adding at the end thereof the following new subparagraph: “(B) Of the quantity authorized for purchase and importation under subparagraph (A), the President is authorized to allocate to countries within the Western Hemisphere, for the six-month period ending December 31, 1962, an amount of sugar, raw value, not exceeding in the aggregate seventy-five thousand snort tons, and for the calendar years 1963 and 1964, an amount of sugar, raw value, not exceeding in the aggregate one hundred and fifty thousand short tons.” (b) Section 202(e) of such Act, as amended, is amended by adding

70 Stat. 219.

Ante, p. 159.

 at the end thereof the following new sentence: “The provisions of this subsection shall not apply to sugar exported by any foreign country to the United States to nil any allocation made to it under subsection (c)(3)(C).”

Ante, p. 158.

Quota deficits, proration.

Ante, p. 160.

 (c) Section 204(a) of such Act, as amended, is amended to read as follows: “(a) The Secretary shall from time to time determine whether, in view of the current inventory of sugar, the estimated production from the acreage of sugarcane or sugarbeets planted, the normal marketings within a calendar year of new-crop sugar and other pertinent factors, any area or country will be unable to market the quota or proration for such area or country. If the Secretary determines that any domestic area or foreign country will be unable to market the quota or proration for such area or country, he shall revise the quota for the Republic of the Philippines by prorating to it an amount of sugar which bears the same ratio to the deficit as the quota for the Republic of the Philippines determined under section 202(b) then in effect bears

Ante, p. 157.

 to the sum of such quota for the Republic of the Philippines and of the prorations to foreign countries named in section 202(c)(3)(A)

Ante, p. 158.

 then in effect; and shall allocate an amount of sugar equal to the remainder of the deficit to foreign countries within the Western Hemisphere named in section 202(c)(3)(A): Provided, That no part of any such deficit shall be prorated or allocated to any country not in76 Stat. 170 diplomatic relations with the United States. If the Secretary determines that the Republic of the Philippines will be unable to fill its share of any deficit determined under this subsection, he shall allocate such unfilled amount to foreign countries within the Western Hemisphere

Ante, p. 158.

 named in section 202(c)(3)(A): Provided, That no such allocation shall be made to any foreign country not in diplomatic relations with the United States. In making allocations to foreign countries within the Western Hemisphere under this subsection, special consideration shall be given to those countries purchasing United States agricultural commodities. If the Secretary determines that neither the Republic of the Philippines nor the countries within the Western Hemisphere named in section 202(c)(3)(A) can fill all of any such

Ante, p. 159.

 deficit whenever the provisions of section 202(c)(4) apply, he shall add such unfilled amount to the quantity of sugar which may be purchased pursuant to section 202(c)(4), and whenever section 202(c)(4) does not apply he shall apportion such unfilled amount on such basis and to such foreign countries in diplomatic relations with the United States as he determines is required to fill such deficit.” (d)

Ante, p. 162.

 Section 207(e)(2) of such Act is amended by adding at the end thereof the following new sentence: “The provisions of this paragraph shall not apply to any allocation made to a foreign country

Ante, p. 158.

Ante, p. 163.

 under section 202(c)(3)(C). (e) Section 213 of such Act, as amended, is amended— (1) by striking out “(4)” each place it appears in subsections (a) and (b) thereof and inserting in lieu thereof “(4)(A) ”; (2) by striking out “paragraph (3) of section 202(c)” in the first sentence of subsection (c) thereof and inserting in lieu thereof “paragraphs (3) and (4)(B) of section 202(c)”; and (3) by striking out “(4)” each place it appears in the first sentence of subsection (c) thereof and inserting in lieu thereof “(4)(A)”. (f) The amendments made by this section shall be effective as if

Ante, p. 156.

 they were enacted as a part of H.R. 12154 entitled “An Act to amend and extend the provisions of the Sugar Act of 1948, as amended”, Eighty-seventh Congress, second session.
Approved July 19, 1962.
Public Law 87–540: To extend the time for conducting the referendum with respect to the national marketing quota for wheat for the marketing year beginning July 1, 1963. Public Law 540 Public Law 87–540 76 Stat. 170 1962-07-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–540
JOINT RESOLUTION To extend the time for conducting the referendum with respect to the national marketing quota for wheat for the marketing year beginning July 1, 1963.

July 19, 1962

[H. J. Res. 809]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Wheat.

Marketing quota, referendum.

52 Stat. 55.

7 USC 1336.
That section 336 of the Agricultural Adjustment Act of 1938, as amended, is amended by adding at the end thereof the following: “Notwithstanding any other provision hereof, the referendum with respect to the national marketing quota for wheat for the marketing year beginning July 1, 1963, may be conducted not later than August 31, 1962.”
Approved July 19, 1962.
Public Law 87–541: To amend the Act of June 30, 1954, providing for a continuance of civil government for the Trust Territory of the Pacific Islands. Public Law 541 Public Law 87–541 76 Stat. 171 1962-07-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 171 Public Law 87–541
AN ACT To amend the Act of June 30, 1954, providing for a continuance of civil government for the Trust Territory of the Pacific Islands.

July 19, 1962

[S. 2775]

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

Trust Territory of the Pacific Islands.

48 USC 1681 note.

 authorization in section 2 of the Act of June 30, 1954 (68 Stat. 330), is hereby amended by increasing it from $7,500,000 to $17,500,000: Provided, That not more than $15,000,000 is authorized to be appropriated for the fiscal year 1963.
Approved July 19, 1962.
Public Law 87–542: To provide for the establishment and administration of basic public recreation facilities at the Elephant Butte and Caballo Reservoir areas, New Mexico, and for other purposes. Public Law 542 Public Law 87–542 76 Stat. 171 1962-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–542
AN ACT To provide for the establishment and administration of basic public recreation facilities at the Elephant Butte and Caballo Reservoir areas, New Mexico, and for other purposes.

July 25, 1962

[S. 46]

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

Elephant Butte and Caballo Reservoir areaa, N. Mex.

Recreation faculties.

 of the Interior is authorized and directed to investigate, plan, construct, operate, and maintain basic recreation facilities at Elephant Butte and Caballo Reservoirs, Rio Grande Federal reclamation project, New Mexico (including access roads and facilities for the safety, health, and protection of the visiting public), and to provide for the public use and enjoyment of such recreation facilities and the water areas of such reservoirs in such manner as is consistent with the primary purpose of such project. The cost of such recreation facilities shall be nonreimbursable and nonreturnable.
Sec. 2. The construction of recreation facilities at or near Elephant

Water use, reatrictlon.

 Butte and Caballo Reservoirs, as herein authorized, shall not provide in any manner whatsoever a basis for the allocation of water for recreation use or for the allocation of reservoir capacity for recreation use; and the priority for irrigation use of water stored in Elephant Butte and Caballo Reservoirs and the priority of use for irrigation purposes of the capacities of such reservoirs shall not be affected in any manner by the provision for recreation facilities as authorized herein.
Sec. 3. The Secretary of the Interior may issue such rules and regulations

Rules and regulations.

 as are necessary to carry out the provisions of this Act and may enter into an agreement with the State of New Mexico, or a political subdivision thereof, for the administration, operation, and maintenance of the facilities herein authorized.
Sec. 4. There are authorized to be appropriated such amounts, but no

Appropriation.

 more than $607,000, as may be necessary to carry out the provisions of this Act.
Approved July 25, 1962.
Public Law 87–543: To extend and improve the public assistance and child welfare services programs of the Social Security Act, and for other purposes. Public Law 543 Public Law 87–543 76 Stat. 172 1962-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 172 Public Law 87–543
AN ACT To extend and improve the public assistance and child welfare services programs of the Social Security Act, and for other purposes.

July 25, 1962

[H. R. 10606]

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

Public Welfare Amendments of 1962.
That this Act, with the following table of contents, may be cited as the “Public Welfare Amendments of 1962”. TABLE OF CONTENTS Title I— part a— Sec. 101. (a) (b) Sec. 102. (a) (b) (c) (d) Sec. 103. Sec. 104. Sec. 105. Sec. 106. Sec. 107. Sec. 108. Sec. 109. part b— Sec. 121. Sec. 122. Sec. 123. part c— Sec. 131. (a) (b) Sec. 132. Sec. 133. Sec. 134. Sec. 135. Sec. 136. part d— Sec. 141. part e— Sec. 151. Sec. 152. Sec. 153. Sec. 154. 76 Stat. 173 Title I— part e— Sec. 155. Sec. 156. Sec. 157. Title II— Sec. 201. Sec. 202.
<num value="I">TITLE I—</num> <heading class="inline">PUBLIC WELFARE AMENDMENTS</heading> <part> <num value="A"><inline class="smallCaps">Part</inline> A—</num> <heading class="smallCaps inline">Improvement in Services To Prevent or Reduce Dependency</heading> <section> <heading class="smallCaps centered">services and other administrative costs under public assistance programs</heading> <subheading class="centered">Federal Financial Participation in Costs of Services</subheading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 3(a) of the Social Security Act is amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/989">74 Stat. 989</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s303">42 USC 303</ref>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, P. 179.</p></sidenote> by striking out paragraph (4) and inserting in lieu thereof the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau>in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health, Education, and Welfare for the proper and efficient administration of the State plan—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau>75 per centum of so much of such expenditures as are for—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>services which are prescribed pursuant to subsection (c)(1) and are provided (in accordance with the<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 179.</p></sidenote> next sentence) to applicants for or recipients of assistance under the plan to help them attain or retain capability for self-care, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>other services, specified by the Secretary as likely to prevent or reduce dependency, so provided to such applicants or recipients, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>any of the services prescribed pursuant to subsection (c)(1), and of the services specified as provided in clause (ii), which the Secretary may specify as appropriate for individuals who, within such period or periods as the Secretary may prescribe, have been or are likely to become applicants for or recipients of assistance under the plan, if such services are requested by such individuals and are provided to such individuals in accordance with the next sentence, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>the training of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>one-half of so much of such expenditures (not included under subparagraph (A)) as are for services provided (in accordance with the next sentence) to applicants for or recipients of assistance under the plan, and to individuals requesting such services who (within such period or periods as the Secretary may prescribe) have been or are likely to become applicants for or recipients of such assistance; plus</content> </subparagraph> <page identifier="/us/stat/76/174">76 <inline class="smallCaps">Stat</inline>. 174</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content> <p class="inline">one-half of the remainder of such expenditures.</p> <p class="indent0 firstIndent0 fontsize10">The services referred to in subparagraphs (A) and (B) shall include only—</p> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>services provided by the staff of the State agency, or of the local agency administering the State plan in the political subdivision: <i>Provided</i>, That no funds authorized under this title shall be available for services defined as vocational rehabilitation services under the Vocational Rehabilitation<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/652">68 Stat. 652</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s31">29 USC 31 note</ref>.</p></sidenote> Act (i) which are available to individuals in need of them under programs for their rehabilitation carried on under a State plan approved under such Act, or (ii) which the State agency or agencies administering or supervising the administration of the State plan approved under such Act are able and willing to provide if reimbursed for the cost thereof pursuant to agreement under subparagraph (E), if provided by such staff, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>subject to limitations prescribed by the Secretary, services which in the judgment of the State agency cannot be as economically or as effectively provided by the staff of such State or local agency and are not otherwise reasonably available to individuals in need of them, and which are provided, pursuant to agreement with the State agency, by the State health authority or the State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services approved under the Vocational Rehabilitation Act or by any other State agency which the Secretary may determine to be appropriate (whether provided by its staff or by contract with public (local) or nonprofit private agencies);</content> </subparagraph> <continuation class="indent1 firstIndent0 fontsize10">except that services described in clause (ii) of subparagraph (D) hereof may be provided only pursuant to agreement with such State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services so approved. The portion of the amount expended for administration of the State plan to which subparagraph (A) applies and the portion thereof to which subparagraphs (B) and (C) apply shall be determined in accordance with such methods and procedures as may be permitted by the Secretary.”</continuation> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1048">72 Stat. 1048</ref>; <i>Post</i>, p. 190.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/603">42 USC 603</ref>.</p></sidenote> <content>Section 403(a) of such Act is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <chapeau>From the sums appropriated therefor, the Secretary of the. Treasury shall pay to each State which has an approved plan for aid and services to needy families with children, for each quarter, beginning with the quarter commencing October 1, 1958—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau>in the case of any State other than Puerto Rico, the Virgin Islands, and Guam, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as aid to families with dependent children under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>fourteen-seventeenths of such expenditures, not counting so much of any expenditure with respect to any month as exceeds the product of $17 multiplied by the total number of recipients of aid to families with dependent children for such month (which total number, for purposes of this subsection, means (i) the number of individuals with respect to whom such aid in the form of money payments is paid for such month, plus (ii) the number of other individuals with respect to whom expenditures were made in such<page identifier="/us/stat/76/175">76 <inline class="smallCaps">Stat</inline>. 175</page> month as aid to families with dependent children in the form of medical or any other type of remedial care); plus</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the Federal percentage of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditure with respect to any month as exceeds the product of $30 multiplied by the total number of recipients or aid to families with dependent children for such month; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to one-half of the total of the sums expended during such quarter as aid to families with dependent children under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof), not counting so much of any expenditure, with respect to any month as exceeds $18 multiplied by the total number of recipients of such aid for such month; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health, Education, and Welfare for the proper and efficient administration of the State plan—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau>75 per centum of so much of such expenditures as are for—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>services which are prescribed pursuant to subsection (c)(1) and are provided (in accordance with the<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 180.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/53/1380">53 Stat. 1380</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s606">42 USC 606</ref>.</p></sidenote> next sentence) to any relative, specified in section 406(a), with whom any dependent child (applying for or receiving aid to families with dependent children) is living in order to help such relative attain or retain capability for self-support or self-care, or services which are so prescribed and so provided in order to maintain and strengthen family life for any such child, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>other services, specified by the Secretary as likely to prevent or reduce dependency, so provided to any such child or relative, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>any of the services prescribed pursuant to subsection (c)(1), and of the services specified as provided in clause (ii), which the Secretary may specify as appropriate for any relative specified in section 406(a) with whom any child (who, within such period or periods as the Secretary may prescribe, has been or is likely to become an applicant for or recipient of aid to families with dependent children) is living, or as appropriate for such a child, if such services are requested by such relative and are provided to such relative or child in accordance with the next sentence, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>the training of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>one-half of so much of such expenditures (not included under subparagraph (A)) as are for services provided (in accordance with the next sentence) to any relative, specified in section 406(a), with whom any child (who, within such period or periods as the Secretary may prescribe, has been or is likely to become an applicant for or recipient of aid to families with dependent children) is living, or to such child, if such services are requested by such relative or for services so provided to any child who is an applicant<page identifier="/us/stat/76/176">76 <inline class="smallCaps">Stat</inline>. 176</page> for or recipient of such aid, or to any relative, specified in<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/53/1380">53 Stat. 1380</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s606">42 USC 606</ref>.</p></sidenote> section 406(a), with whom such a child is living; plus</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content> <p class="inline">one-half of the remainder of such expenditures.</p> <p class="indent0 firstIndent0 fontsize10">The services referred to in subparagraphs (A) and (B) shall include only—</p> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>services provided by the staff of the State agency, or of the local agency administering the State plan in the political subdivision: <i>Provided</i>, That no funds authorized under this title shall be available for services defined as vocational rehabilitation services under the Vocational Rehabilitation<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/652">68 Stat. 652</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s31">29 USC 31 note</ref>.</p></sidenote> Act (i) which are available to individuals in need of them under programs for their rehabilitation carried on under a State plan approved under such Act, or (ii) which the State agency or agencies administering or supervising the administration of the State plan approved under such Act are able and willing to provide if reimbursed for the cost thereof pursuant to agreement under subparagraph (E), if provided by such staff, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>subject to limitations prescribed by the Secretary, services which in the judgment of the State agency cannot be as economically or as effectively provided by the staff of such State or local agency and are not otherwise reasonably available to individuals in need of them, and which are provided, pursuant to agreement with the State agency, by the State health authority or the State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services approved under the Vocational Rehabilitation Act or by any other State agency which the Secretary may determine to be appropriate (whether provided by its staff or by contract with public (local) or nonprofit private agencies);</content> </subparagraph> <continuation class="indent1 firstIndent0 fontsize10">except that services described in clause (ii) of subparagraph (D) hereof may be provided only pursuant to agreement with such State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services so approved. The portion of the amount expended for administration of the State plan to which subparagraph (A) applies and the portion thereof to which subparagraphs (B) and (C) apply shall be determined in accordance with such methods and procedures as may be permitted by the Secretary.”</continuation> </paragraph> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 195.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1203">42 USC 1203</ref>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 180.</p></sidenote> <content>Section 1003(a) of such Act (as amended by section 132(b) of this Act) is amended by striking out clause (3) and inserting in lieu thereof the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health, Education, and Welfare for the proper and efficient administration of the State plan—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau>75 per centum of so much of such expenditures as are for—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>services which are prescribed pursuant to subsection<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 181.</p></sidenote> (c)(1) and are provided (in accordance with the next sentence) to applicants for or recipients of aid to the blind to help them attain or retain capability for self-support or self-care, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>other services, specified by the Secretary as likely to prevent or reduce dependency, so provided to such applicants or recipients, or</content> </clause> <page identifier="/us/stat/76/177">76 <inline class="smallCaps">Stat</inline>. 177</page> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>any of the services prescribed pursuant to subsection (c)(1), and of the services specified as provided<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 181.</p></sidenote> in clause (ii), which the Secretary may specify as appropriate for individuals who, within such period or periods as the Secretary may prescribe, have been or are likely to become applicants for or recipients of aid to the blind, if such services are requested by such individuals and are provided to such individuals in accordance with the next sentence, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>the training of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>one-half of so much of such expenditures (not included under subparagraph (A)) as are for services provided (in accordance with the next sentence) to applicants for or recipients of aid to the blind, and to individuals requesting such services who (within such period or periods as the Secretary may prescribe) have been or are likely to become applicants for or recipients of such aid; plus</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content> <p class="inline">one-half of the remainder of such expenditures.</p> <p class="indent0 firstIndent0 fontsize10">The services referred to in subparagraphs (A) and (B) shall include only—</p> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>services provided by the staff of the State agency, or of the local agency administering the State plan in the political subdivision: <i>Provided</i>, That no funds authorized under this title shall be available for services defined as vocational rehabilitation services under the Vocational Rehabilitation Act (i) which are available to individuals in need<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/652">68 Stat. 652</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s31">29 USC 31 note</ref>.</p></sidenote> of them under programs for their rehabilitation carried on under a State plan approved under such Act, or (ii) which the State agency or agencies administering or supervising the administration of the State plan approved under such Act are able and willing to provide if reimbursed for the cost thereof pursuant to agreement under subparagraph (E), if provided by such staff, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>subject to limitations prescribed by the Secretary, services which in the judgment of the State agency cannot be as economically or as effectively provided by the staff of such State or local agency and are not otherwise reasonably available to individuals in need of them, and which are provided, pursuant to agreement with the State agency, by the State health authority or the State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services approved under the Vocational Rehabilitation Act or by any other State agency which the Secretary may determine to be appropriate (whether provided by its staff or by contract with public (local) or nonprofit private agencies);</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">except that services described in clause (ii) of subparagraph (D) hereof may be provided only pursuant to agreement with such State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services so approved. The portion of the amount expended for administration of the State plan to which subparagraph (A) applies and the portion thereof to which subparagraphs (B) and (C) apply shall be determined in accordance with such methods and procedures as may be permitted by the Secretary.”</continuation> </paragraph> </quotedContent> </content> </paragraph> <page identifier="/us/stat/76/178">76 <inline class="smallCaps">Stat</inline>. 178</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Section 1403(a) of such Act (as amended by section 132(c) of<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 195.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/1353">42 USC 1353</ref>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 181.</p></sidenote> this Act) is amended by striking out clause (3) and inserting in lieu thereof the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as round necessary by the Secretary of Health, Education, and Welfare for the proper and efficient administration of the State plan—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau>75 per centum of so much of such expenditures as are for—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>services which are prescribed pursuant to subsection<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 181.</p></sidenote> (c)(1) and are provided (in accordance with the next sentence) to applicants for or recipients of aid to the permanently and totally disabled to help them attain or retain capability for self-support or self-care, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>other services, specified by the Secretary as likely to prevent or reduce dependency, so provided to such applicants or recipients, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>any of the services prescribed pursuant to subsection (c)(1), and of the services specified as provided in clause (ii), which the Secretary may specify as appropriate for individuals who, within such period or periods as the Secretary may prescribe, have been or are likely to become applicants for or recipients of aid to the permanently and totally disabled, if such services are requested by such individuals and are provided to such individuals in accordance with the next sentence, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>the training of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>one-half of so much of such expenditures (not included under subparagraph (A)) as are for services provided (in accordance with the next sentence) to applicants for or recipients of aid to the permanently and totally disabled, and to individuals requesting such services who (within such period or periods as the Secretary may prescribe) have been or are likely to become applicants for or recipients of such aid; plus</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content> <p class="inline">one-half of the remainder of such expenditures.</p> <p class="indent0 firstIndent0 fontsize10">The services referred to in subparagraphs (A) and (B) shall include only—</p> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>services provided by the staff of the State agency, or of the local agency administering the State plan in the political subdivision: <proviso><i>Provided</i>, That no funds authorized under this title shall be available for services defined as vocational rehabilitation services under the Vocational Rehabilitation<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/652">68 Stat. 652</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s31">29 USC 31 note</ref>.</p></sidenote> Act (i) which are available to individuals in need of them under programs for their rehabilitation carried on under a State plan approved under such Act, or (ii) which the State agency or agencies administering or supervising the administration of the State plan approved under such Act are able and willing to provide if reimbursed for the cost thereof pursuant to agreement under subparagraph (E), if provided by such staff, and</proviso></content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>subject to limitations prescribed by the Secretary, services which in the judgment of the State agency cannot be as economically or as effectively provided by the staff of such State or local agency and are not otherwise reasonably avail-<page identifier="/us/stat/76/179">76 <inline class="smallCaps">Stat</inline>. 179</page>able to individuals in need of them, and which are provided, pursuant to agreement with the State agency, by the State health authority or the State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services approved under the Vocational Rehabilitation Act or by any other State agency<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/652">68 Stat. 652</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s31">29 USC 31 note</ref>.</p></sidenote> which the Secretary may determine to be appropriate (whether provided by its staff or by contract with public (local) or nonprofit private agencies);</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">except that services described in clause (ii) of subparagraph (D) hereof may be provided only pursuant to agreement with such State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services so approved. The portion of the amount expended for administration of the State plan to which subparagraph (A) applies and the portion thereof to which subparagraphs (B) and (C) apply shall be determined in accordance with such methods and procedures as may be permitted by the Secretary.”</continuation> </paragraph> </quotedContent> </content> </paragraph> </subsection> <level> <heading class="centered">Requirements for Full Federal Matching of State Administrative Expenditures</heading> <subsection class="indent0 fontsize10"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Paragraph (4) of section 3(a) of such Act, as amended<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 173.</p></sidenote> by subsection (a) of this section, is further amended by inserting, in the portion thereof which precedes subparagraph (A), “<quotedText>whose State plan approved under section 2 meets the requirements of subsection<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/987">74 Stat. 987</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/302">42 USC 302</ref>.</p></sidenote> (e)(1)</quotedText>” after “<quotedText>any State</quotedText>”, and by striking out the period at the end of such paragraph and inserting in lieu thereof “<quotedText>; and</quotedText>”.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Such section 3(a) is further amended by inserting at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>in the case of any State whose State plan approved under section 2 does not meet the requirements of subsection (c)(1), an amount equal to one-half of the total of the sums expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan, including services referred to in paragraph (4) and provided in accordance with the provisions of such paragraph.”</content> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>Section 3 of such Act is further amended by adding at the end<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/303">42 USC 303</ref>.</p></sidenote> thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>In order for a State to qualify for payments under paragraph (4) of subsection (a), its State plan approved under section 2<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 173.</p></sidenote> must provide that the State agency shall make available to applicants for or recipients of old-age assistance under such State plan at least those services to help them attain or retain capability for self-care which are prescribed by the Secretary.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>In the case of any State whose State plan included a provision meeting the requirements of paragraph (1), but with respect to which the Secretary finds, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the provision has been so changed that it no longer complies with the requirements of paragraph (1), or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in the administration of the plan there is a failure to comply substantially with such provision,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">the Secretary shall notify such State agency that further payments will not be made to the State under paragraph (4) of subsection (a) until he is satisfied that there will no longer be any such failure to comply. Until the Secretary is so satisfied further payments with respect to the administration of such State plan shall not be made under paragraph (4) of subsection (a) but shall instead be made,<page identifier="/us/stat/76/180">76 <inline class="smallCaps">Stat</inline>. 180</page> subject to the other provisions of this title, under paragraph (5) of such subsection.”</continuation> </paragraph> </subsection> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent1 fontsize8">Ante. p. 175.</p></sidenote> <subparagraph class="inline"> <num value="A">(A) </num> <content>Paragraph (3) of section 403(a) of such Act, as amended by subsection (a) of this section, is further amended by inserting, in the portion thereof which precedes subparagraph (A), “<quotedText>whose State<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s602">42 USC 602</ref>.</p></sidenote> plan approved under section 402 meets the requirements of subsection (c)(1) </quotedText>” after “any State”, and by striking out the period at the end of such paragraph and inserting in lieu thereof and”.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Such section 403(a) is further amended by inserting after paragraph (3) thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>in the case of any State whose State plan approved under section 402 does not meet the requirements of subsection (c)(1), an amount equal to one-half of the total of the sums expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan, including services referred to in paragraph (3) and provided in accordance with the provisions of such paragraph.”</content> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s603">42 USC 603</ref>.</p></sidenote> <content>Section 403 of such Act is further amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>In order for a State to qualify for payments under paragraph (3) of subsection (a), its State plan approved under section 402 must provide that the State agency shall make available at least those services to maintain and strengthen family life for children, and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/53/1380">53 Stat. 1380</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/606">42 USC 606</ref>.</p></sidenote> to help relatives specified in section 406(a) with whom children (who are applicants for or recipients of aid to families with dependent children) are living to attain or retain capability for self-support o self-care, which are prescribed by the Secretary.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>In the case of any State whose State plan included a provision meeting the requirements of paragraph (1), but with respect to which the Secretary finds, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the provision has been so changed that it no longer complies with the requirements of paragraph (1), or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in the administration of the plan there is a failure to comply substantially with such provision,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">the Secretary shall notify such State agency that further payments will not be made to the State under paragraph (3) of subsection (a) until he is satisfied that there will no longer be any such failure to comply. Until the Secretary is so satisfied further payments with respect to the administration of such State plan shall not be made under paragraph (3) of subsection (a) but shall instead be made, subject to the other provisions of this title, under paragraph (4) of such subsection.”</continuation> </paragraph> </subsection> </quotedContent> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/76">75 Stat. 76</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s608">42 USC 608</ref>.</p></sidenote> <content>Section 408(d) of such Act is amended by inserting “<quotedText>and (4)</quotedText>” after “section 403(a)(3)”.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num><sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 1S7.</p></sidenote> <content>Section 409(b) of such Act (added by section 105 of this Act) is amended by inserting “<quotedText>and (4)</quotedText>” after “section 403(a)(3)”.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 176.</p></sidenote> <subparagraph class="inline"> <num value="A">(A) </num> <content>Paragraph (3) of section 1003(a) of such Act, as amended by subsection (a) of this section, is further amended by inserting, in the portion thereof which precedes subparagraph (A), “<quotedText>whose State<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/1202">42 USC 1202</ref>.</p></sidenote> plan approved under section 1002 meets the requirements of subsection (c)(1)</quotedText>” after “<quotedText>any State</quotedText>”, and by striking out the period at the end of such paragraph and inserting m lieu thereof “<quotedText>; and</quotedText>”.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Such section 1003(a) is further amended by inserting at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>in the case of any State whose State plan approved under section 1002 does not meet the requirements of subsection (c)(1), an amount equal to one-half of the total of the sums expended<page identifier="/us/stat/76/181">76 <inline class="smallCaps">Stat</inline>. 181</page> during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan, including services referred to in paragraph (3) and provided in accordance with the provisions of such paragraph.”</content> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>Section 1003 of such Act is further amended by adding at the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/42/1203">42 USC 1203</ref>.</p></sidenote> end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>In order for a State to qualify for payments under paragraph (3) of subsection (a), its State plan approved under section 1002 must provide that the State agency shall make available to applicants<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 176.</p></sidenote> for or recipients of aid to the blind at least those services to help them attain or retain capability for self-support or self-care which are prescribed by the Secretary.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>In the case of any State whose State plan included a provision meeting the requirements of paragraph (1), out with respect to which<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 195.</p></sidenote> the Secretary finds, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the provision has been so changed that it no longer complies with the requirements of paragraph (1), or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in the administration of the plan there is a failure to comply substantially with such provision,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">the Secretary shall notify such State agency that further payments will not be made to the State under paragraph (3) of subsection (a) until he is satisfied that there will no longer be any such failure to comply. Until the Secretary is so satisfied further payments with respect to the administration of such State plan shall not be made under paragraph (3) of subsection (a) but shall instead be made, subject to the other provisions of this title, under paragraph (4) of such subsection.”</continuation> </paragraph> </subsection> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Paragraph (3) of section 1403(a) of such Act, as amended<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 178.</p></sidenote> by subsection (a) of this section, is further amended by inserting, in the portion thereof which precedes subparagraph (A), “<quotedText>whose State plan approved under section 1402 meets the requirements of subsection<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1352">42 USC 1352</ref>.</p></sidenote> (c)(1)</quotedText>” after “<quotedText>any State</quotedText>”, and by striking out the period at the end of such paragraph and inserting m lieu thereof and”.</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Such section 1403(a) is further amended by inserting at the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1353">42 USC 1353</ref>.</p></sidenote> end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>in the case of any State whose State plan approved under section 1402 does not meet the requirements of subsection (c)(1), an amount equal to one-half of the total of the sums expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan, including services referred to in paragraph (3) and provided in accordance with the provisions of such paragraph.”</content> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>Section 1403 of such Act is further amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>In order for a State to qualify for payments under paragraph (3) of subsection (a), its State plan approved under section 1402 must provide that the State agency shall make available to applicants for or recipients of aid to the permanently and totally disabled at least, those services to help them attain or retain capability for self-support or self-care which are prescribed by the Secretary.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>In the case of any State whose State plan included a provision meeting the requirements of paragraph (1), but with respect to which<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 195.</p></sidenote> the Secretary finds, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the provision has been so changed that it no longer complies with the requirements of paragraph (1), or</content> </subparagraph> <page identifier="/us/stat/76/182">76 <inline class="smallCaps">Stat</inline>. 182</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in the administration of the plan there is a failure to comply substantially with such provision,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">the Secretary shall notify such State agency that further payments<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 178.</p></sidenote> will not be made to the State under paragraph (3) of subsection (a) until he is satisfied that there will no longer be any such failure to comply. Until the Secretary is so satisfied further payments with respect to the administration of such State plan shall not be made under paragraph (3) of subsection (a) but shall instead be made,<sidenote><p class="firstIndent1 fontsize8"><i>Ante.</i> p. 181.</p></sidenote> subject to the other provisions of this title, under paragraph (4) of such subsection.”</continuation> </paragraph> </subsection> </quotedContent> </content> </subparagraph> </paragraph> </subsection> </level> </section> <section> <heading class="smallCaps centered">expansion and improvement of child welfare services</heading> <subheading class="centered">Increase in Authorization of Appropriations</subheading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1052">72 Stat. 1052</ref>; <ref href="/us/stat/74/996">74 Stat. 996</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/721">42 USC 721</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Section 521 of the Social Security Act is amended by striking out “<quotedText>there is hereby authorized to be appropriated for each fiscal year, beginning with the fiscal year ending June 30, 1961, the sum of $25,000,000</quotedText>” and inserting in lieu thereof “<quotedText>the following sums are hereby authorized to be appropriated: $25,000,000 each for the fiscal year ending June 30, 1961, and the succeeding fiscal year, $30,000,000 for the fiscal year ending June 30, 1963, $35,000,000 for the fiscal year ending June 30, 1964, $40,000,000 each for the fiscal year ending June 30, 1965. and the succeeding fiscal year, $45,000,000 each for the fiscal year ending June 30, 1967, and the succeeding fiscal year, and $50,000,000 each for the fiscal year ending June 30, 1969, and succeeding fiscal years</quotedText>”.</content> </subsection> <level> <heading class="centered">Coordination With Dependent Children Program and Extension of Child Welfare Services</heading> <subsection class="indent0 fontsize10"> <num value="b">(b)</num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1053">72 Stat. 1053</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s723">42 USC 723</ref>.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 523(a) of such Act is amended by striking out “<quotedText>each State with a plan for child-welfare services developed as provided in this part an amount equal to the Federal share</quotedText>” and inserting in lieu thereof <quotedContent><chapeau class="inline">“each State—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau>that has a plan for child-welfare services which has been developed as provided in this part and which—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>provides for coordination between the services provided under such plan and the services provided for dependent children under the State plan approved under title IV, with a view to provision of welfare and related services which will best promote the welfare of such children and their families, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau>provides, with respect to day care services (including the provision of such care) provided under the plan—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>for cooperative arrangements with the State health authority and the State agency primarily responsible for State supervision of public schools to assure maximum utilization of such agencies in the provision of necessary health services and education for children receiving day care,</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>for an advisory committee, to advise the State public welfare agency on the general policy involved in the provision of day care services under the State plan, which shall include among its members representatives of other State agencies concerned with day care or services related thereto and persons representative of professional or civic or other public or nonprofit private agencies, organizations, or groups concerned with the provision of day care,</content> </clause> <page identifier="/us/stat/76/183">76 <inline class="smallCaps">Stat</inline>. 183</page> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>for such safeguards as may be necessary to assure provision of day care under the plan only in cases in which it is in the best interest of the child and the mother and only in cases in which it is determined, under criteria established by the State, that a need for such care exists; and, in cases in which the family is able to pay part or all of the costs of such care, for payment of such fees as may be reasonable in the light of such ability, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>for giving priority, in determining the existence of need for such day care, to members of low-income or other groups in the population and to geographical areas which have the greatest relative need for extension of such day care, and</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>that makes a satisfactory showing that the State is extending the provision of child-welfare services in the State, with priority being given to communities with the greatest need for such services after giving consideration to their relative financial need, and with a view to making available by July 1, 1975, in all political subdivisions of the State, for all children in need thereof, child-welfare services provided by the staff (which shall to the extent feasible be composed of trained child-welfare personnel) of the State public welfare agency or of the local agency participating in the administration of the plan in the political subdivision,</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">an amount equal to the Federal share”.</continuation> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>Such section 523(a) is further amended by striking out “<quotedText>costs<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1053">72 Stat. 1053</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s723">42 USC 723</ref></p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 182.</p></sidenote> of district, county, or other local child-welfare services</quotedText>” and inserting in lieu thereof “<quotedText>costs of State, district, county, or other local child-welfare services</quotedText>”.</chapeau> </paragraph> </subsection> </level> <level> <heading class="centered">Allotments for Day Care</heading> <subsection class="indent0 fontsize10"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Section 522(a) of such Act is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1053">72 Stat. 1053</ref>; <ref href="/us/stat/74/996">74 Stat. 996</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s722">42 USC 722</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s721">42 USC 721</ref>.</p></sidenote></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>‘The sums appropriated for each fiscal year under section 521</quotedText>” at the beginning of such section and inserting in lieu thereof “<quotedText>All but $10,000,000 of the total appropriated for a fiscal year under section 521, or, if such total is less than $35,000,000, all but the excess (if any) of such total over $25,000,000,</quotedText>”;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>He shall allot to each State $50,000 or, if greater, such portion of $70,000 as the amount appropriated under section 521 for such year bears to the amount authorized to be so appropriated</quotedText>” and inserting in lieu thereof “<quotedText>He shall allot to each State $70,000 or, if the amount appropriated under section 521 for such year is less than $25,000,000, he shall allot to each State $50,000 or, if greater, such portion of $70,000 as the amount appropriated under such section bears to $25,000,000</quotedText>”; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by striking out “<quotedText>the remainder of the sums so appropriated for such year</quotedText>” and inserting in lieu thereof “<quotedText>the remainder of the sum available for allotment under this subsection for such year</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Part 3 of title V of such Act is further amended by adding at<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s721–726">42 USC 721–726</ref>.</p></sidenote> the end thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“day care</heading> <num value="527"><inline class="smallCaps">“Sec</inline>. 527. </num> <subsection class="inline"> <num value="a">(a) </num> <content>In order to assist the States to provide adequately for the care and protection of children whose parents are, for part of the day, working or seeking work, or otherwise absent from the home or unable for other reasons to provide parental supervision, the portion of the appropriation under section 521 for any fiscal year which is not<page identifier="/us/stat/76/184">76 <inline class="smallCaps">Stat</inline>. 184</page><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1053">72 Stat. 1053</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 183.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s722">42 USC 722</ref>.</p></sidenote> allotted under section 522 shall be allotted by the Secretary among the States solely for use, under the State plan developed as provided in this part, for day care services, including the provision of day care in facilities (including private homes) which are licensed by the State, or are approved (as meeting the standards established for such licensing) by the State agency responsible for licensing facilities of this type, as follows: He shall allot to each State an amount which bears the same ratio to such portion of the appropriation as the product of (1) the population of the State under the age of 21 and (2) the allotment<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s724">42 USC 724</ref>.</p></sidenote> percentage of such State (as determined under section 524) bears to the sum of the corresponding products of all the States, except that the allotment of any State as so computed which is less than $10,000 shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotments to each of the remaining States (as so computed) having an allotment in excess of that amount, but with such adjustments as may be necessary to prevent the allotment of any of such remaining States from being thereby reduced to less than that amount.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The amount of any allotment to a State under subsection (a) for any fiscal year which the State certifies to the Secretary will not be required for the purposes for which allotted shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines (1) have need in carrying out such purposes for sums in excess of those previously allotted to them under subsection (a), and (2) will be able to use such excess amounts during such fiscal year. Such reallotments shall be made on the basis of the need for additional funds in carrying out such purposes, after taking into consideration the population under the age of twenty-one, and the per capita income of each such State as compared with the population under the age of twenty-one, and the per capita income of all such States with respect to which such a determination by the Secretary has been made. Any amount so reallotted to a State shall be deemed part of its allotment under subsection (a).”</content> </subsection> </section> </quotedContent> </content> </paragraph> </subsection> </level> <level> <heading class="centered">Definition of Child-Welfare Services</heading> <subsection class="indent0 fontsize10"> <num value="d">(d) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/721">42 USC 721</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 182.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 521 of such Act is further amended by striking out “<quotedText>public-welfare services (hereinafter in this title referred to as ‘child-welfare services’) for the protection and care of homeless, dependent, and neglected children, and children in danger of becoming delinquent</quotedText>” and inserting in lieu thereof “<quotedText>child-welfare services</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Part 3 of title V of such Act is further amended by adding<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 183.</p></sidenote> after section 527 (added by subsection (c)(2) of this section) the following new section: <quotedContent> <section> <heading class="smallCaps centered">“definition</heading> <num value="528"><inline class="smallCaps">“Sec</inline>. 528. </num> <content class="inline">For purposes of this part, the term ‘child-welfare services’ means public social services which supplement, or substitute for, parental care and supervision for the purpose of (1) preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children, (2) protecting and caring for homeless, dependent, or neglected children, (3) protecting and promoting the welfare of children of working mothers, and (4) otherwise protecting and promoting the welfare of children, including the strengthening of their own homes where possible or, where needed, the provision of adequate care of children away from their homes in foster family homes or day-care or other child-care facilities.”</content> </section> </quotedContent> </content> </paragraph> </subsection> </level> </section> <page identifier="/us/stat/76/185">76 <inline class="smallCaps">Stat</inline>. 185</page> <section> <heading class="smallCaps centered">welfare services for each child under dependent children program</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">Section 402(a) of the Social Security Act is amended by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t41/s602">42 USC 602</ref>.</p></sidenote> striking out “<quotedText>and</quotedText>” after the semicolon at the end of clause (11), and by inserting before the period at the end of clause (12) the following: and (13) provide for the development and application of a program for such welfare and related services for each child who receives aid to families with dependent children as may be necessary in the light of the particular home conditions and other needs of such child, and provide for coordination of such programs, and any other services provided for children under the State plan, with the child-welfare services plan developed as provided in part 3 of title V, with a view toward providing welfare and related services which will best promote the welfare of such child and his family”.</content> </section> <section> <heading class="smallCaps centered">technical amendments to reflect emphasis on rehabilitation and other services</heading> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The heading of title IV of the Social Security Act<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s601–608">42 USC 601–608</ref>.</p></sidenote> is amended to read as follows: <quotedContent> <title> <num value="IV">“TITLE IV—</num> <heading class="inline">GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN”</heading> (2) The heading of section 402 of such Act is amended to read as

42 USC 602.

 follows: “state plans for aid and services to needy families with children” (3) The following provisions of such Act are amended by striking out “aid to dependent children” each time it appears and inserting in lieu thereof “aid to families with dependent children”: (A) clauses (4), (7), (8), (9), and (10) of section 402(a); (B) section 402(b); (C) section 403(b)(2)(B);

42 USC 603.

42 USC 606.

42 USC 607.

42 USC 608.

 (D) section 406(b); (E) clause (2)(B) of section 407; (F) section 408(b); (G) section 408(c); (H) section 1002(a)(7); and

42 USC 1202.

42 USC 1352.

42 USC 601.

 (I) section 1402(a)(7). (4) The second sentence of section 401 of such Act is amended by striking out “State plans for aid to dependent children” and inserting in lieu thereof “State plans for aid and services to needy families with children”. (5) The following provisions of title IV of such Act are amended by striking out “plan for aid to dependent children” and inserting in lieu thereof “plan for aid and services to needy families with children”: (A) the portion of section 402(a) which precedes clause (1);

42 USC 602.

 and (B) the portion of section 404 which precedes clause (1).

42 USC 604.

 (b) Each State plan approved under title IV of the Social Security Act and in effect on the date of the enactment of this Act shall be deemed for purposes of such title, without the necessity of any change in such plan, to have been conformed with the amendments made by subsection (a) of this section. (c) (1) The first sentence of section 1 of such Act is amended to

74 Stat. 987.

42 USC 301.

 read as follows: “For the purpose (a) of enabling each State, as far as practicable under the conditions in such State, to furnish financial76 Stat. 186 assistance to aged needy individuals, (b) of enabling each State, as far as practicable under the conditions in such State, to furnish medical assistance on behalf of aged individuals who are not recipients of old-age assistance but whose income and resources are insufficient to meet the costs of necessary medical services, and (c) of encouraging each State, as far as practicable under the conditions in such State, to furnish rehabilitation and other services to help individuals referred to in clause (a) or (b) to attain or retain capability for self-care, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this title.” (2)

42 USC 601.

 The first sentence of section 401 of such Act is amended (A) by inserting “and rehabilitation” after “financial assistance”, and (B) by inserting “or retain capability for” after “attain”. (3)

42 USC 1201.

 The first sentence of section 1001 of such Act is amended (A) by inserting “to furnish rehabilitation and other services” before “to help such individuals”, and (B) by inserting “or retain capability for” after “attain”. (4)

42 USC 1351.

 The first, sentence of section 1401 of such Act is amended (A) by inserting “to furnish rehabilitation and other services” before “to help such individuals”, and (B) by inserting “or retain capability for” after “attain”.
community work and training programs Sec. 105.

42 USC 601–608.

 (a) Title IV of the Social Security Act is amended by adding at the end thereof the following new section:
“community work and training programs “Sec. 409. (a) For the purpose of assisting the States in encouraging, through community work and training programs of a constructive nature, the conservation of work skills and the development of new skills Tor individuals who have attained the age of 18 and are receiving aid to families with dependent children, under conditions which are designed to assure protection of the health and welfare of such individuals and the dependent children involved, expenditures (other than for medical or any other type of remedial care) for any month with respect to a dependent child (including payments to meet the needs of any relative or relatives, specified in section 406(a), with whom he is living) under a State plan approved under section 402 shall not be excluded from aid to families with dependent children because such expenditures are made in the form of payments for work performed in such month by any one or more of the relatives with whom such child is living if such work is performed for the State agency or any other public agency under a program (which need not be in effect in all political subdivisions of the State) administered by or under the supervision of such State agency, if there is State financial participation in such expenditures, and if such State plan includes— “(1) provisions which, in the judgment of the Secretary, provide reasonable assurance that— “(A) appropriate standards for health, safety, and other conditions applicable to the performance of such work by such relatives are established and maintained; “(B) payments for such work are at rates not less than the minimum rate (if any) provided by or under State law for the same type or work and not less than the rates prevailing on similar work in the community; “(C) such work is performed on projects which serve a useful public purpose, do not result either in displacement76 Stat. 187 of regular workers or in the performance by such relatives of work that would otherwise be performed by employees of public or private agencies, institutions, or organizations, and (except in cases of projects which involve emergencies or which are generally of a nonrecurring nature) are of a type which has not normally been undertaken in the past by the State or community, as the case may be; “(D) in determining the needs of any such relative, any additional expenses reasonably attributable to such work will be considered; “(E) any such relative shall have reasonable opportunities to seek regular employment and to secure any appropriate training or retraining which may be available; “(F) any such relative will, with resjiect to the work so performed, be covered under the State workmen’s compensation law or be provided comparable protection; and “(G) aid under the plan will not be denied with respect to any such relative (or the dependent child) for refusal by such relative to perform any such work if he has good cause for such refusal; “(2) provision for entering into cooperative arrangements with the system of public employment offices in the State looking toward employment or occupational training of any such relatives performing work under such program, including appropriate provision for registration and periodic reregistration of such relatives and for maximum utilization of the job placement services and other services and facilities of such offices; “(3) provision for entering into cooperative arrangements with the State agency or agencies responsible for administering or supervising the administration of vocational education and adult education in the State, looking toward maximum utilization of available public vocational or adult education services and facilities in the State in order to encourage the training or retraining of any such relatives performing work under such program and otherwise assist them in preparing for regular employment; “(4) provision for assuring appropriate arrangements for the care and protection of the child during the absence from the home of any such relative performing work under such program in order to assure that such absence and work will not be inimical to the welfare of the child; “(5) provision that there will be no adjustment or recovery by the State or any political subdivision thereof on account of any payments which are correctly made for such work; and “(6) such other provisions as the Secretary finds necessary to assure that the operation of such program will not interfere with achievement of the objectives set forth in section 401.

42 USC 601.

 “(b) In the case of any State which makes expenditures in the form described in subsection (a) under its State plan approved under section 402, the proper and efficient administration of the State plan,

42 USC 602, 603.

 for purposes of section 403(a)(3), may not include the cost of maxing or acquiring materials or equipment in connection with the work performed under a program referred to in subsection (a) or the cost of supervision of work under such program, and may include only such other costs attributable to such programs as are permitted by the Secretary.”
(b) The Secretary shall submit to the President, for transmission to

Report to President and Congress.

 the Congress prior to January 1, 1967, a full report of the administration of the provisions of the amendment made by subsection (a), including the experiences of each of the States in paying for work76 Stat. 188 under community work and training programs under the provisions of their respective State plans which are in accord with such amendment, together with his recommendations as to continuation of and modifications in such amendment. (c) Expenditures (other than for medical or any other type of remedial care) made at any time during the period beginning July 1, 1961, and ending with the close of September 30, 1962, which would have been considered aid to dependent children or aid to families with dependent children, as the case may be, under a State plan approved

42 USC 601–608.

 under title IV of the Social Security Act except that they were made in the form of payments for work performed by a relative with whom

42 USC 606, 607.

 a dependent child (as defined in section 406 or 407 of such Act) is living, shall be deemed to have been made under a State plan approved under title IV of the Social Security Act and to constitute aid to dependent children or aid to families with dependent children, as the case may be, if (1) such expenditures were made under conditions

Ante, p. 186.

 which meet the requirements set forth in section 409 of such Act (added by subsection (a) of this section), other than subparagraphs (D) and (F) of subsection (a)(1) thereof and other than the requirement that the State agency (administering or supervising the administration of such plan) be administering or supervising the administration of the program under which such work is performed, and (2) at the time such expenditures were made, such State plan met the requirements of paragraphs (1), (2), and (3) of section 407 of the Social Security Act. The costs of administration of any such State plan may include, with respect to expenditures described in the preceding sentence, only such costs as are permitted in accordance with the

Ante, p. 187.

 provisions of subsection (b) of such section 409.
incentives for employment through consideration of expenses in earning income, and provision for future needs of dependent children Sec. 106.

74 Stat. 987.

42 USC 302.

 (a) (1) Section 2(a) of the Social Security Act is amended by inserting before the semicolon at the end of subparagraph (A) of paragraph (10) “, as well as any expenses reasonably attributable to the earning of any such income”. (2)

42 USC 1202.

 Section 1002(a)(8) of such Act is amended by inserting before the first semicolon “, as well as any expenses reasonably attributable to the earning of any such income”. (3)

64 Stat. 555.

42 USC 1352.

 Section 1402(a)(8) of such Act is amended by inserting before the semicolon at the end thereof “, as well as any expenses reasonably attributable to the earning of any such income”. (b)

42 USC 602.

 Section 402(a)(7) of such Act is amended to read as follows: “(7) provide that the State agency shall, in determining need, take into consideration any other income and resources of any child or relative claiming aid to families with dependent children, as well as any expenses reasonably attributable to the earning of any such income; except that, in making such determination, the State agency may, subject to limitations prescribed by the Secretary, permit all or any portion of the earned or other income to be set aside for future identifiable needs of a dependent child;”.
use of payments for benefit of child Sec. 107.

42 USC 605.

 (a) Section 405 of the Social Security Act is amended to read as follows:
“use of payments for benefit of child “Sec. 405. Whenever the State agency has reason to believe that any payments of aid to families with dependent children made with respect to a child are not being or may not be used in the best interests of the child, the State agency may provide for such counseling76 Stat. 189 and guidance services with respect to the use of such payments and the management of other funds by the relative receiving such payments as it deems advisable in order to assure use of such payments in the best interests of such child, and may provide for advising such relative that, continued failure to so use such payments will result in substitution therefor of protective payments as provided under section 406(b)(2), or in seeking appointment of a guardian or legal

Infra.

72 Stat. 1052.

42 USC 1311.

 representative as provided in section 1111, or in the imposition of criminal or civil penalties authorized under State law if it is determined by a court of competent jurisdiction that such relative is not using or has not used for the benefit of the child any such payments made for that purpose; and the provision of such services or advice by the State agency (or the taking of the action specified in such advice) shall not serve as a basis for withholding funds from such State under section 404 and shall not prevent such payments with

42 USC 604.

 respect to such child from being considered aid to families with dependent children.”
(b) Section 404(b) of such Act is amended by inserting before the

75 Stat. 77.

42 USC 604.

 period at the end thereof the following: “; nor shall any such payment be withheld for any period beginning on or after such date by reason of any action taken pursuant to such a statute if provision is otherwise made pursuant to a State statute for adequate care and assistance with respect to such child”.
protective payments under dependent children program Sec. 108. (a) Section 406(b) of the Social Security Act is amended

42 USC 606.

 by inserting “(1)” after “includes” and by inserting before the semicolon at the end thereof: “, and (2) payments with respect to any dependent child (including payments to meet the needs of the relative, and the relative’s spouse, with whom such child is living) which do not meet the preceding requirements of this subsection, but which would meet such requirements except that such payments are made to another individual who (as determined in accordance with standards prescribed by the Secretary) is interested in or concerned with the welfare of such child and relative, but only with respect to a State whose State plan approved under section 402 includes provision for—

42 USC 602.

 “(A) determination by the State agency that the relative of the child with respect to whom such payments are made has such inability to manage funds that making payments to him would be contrary to the welfare of the child and, therefore, it is necessary to provide such aid with respect to such child and relative through payments described in this clause (2); “(B) making such payments only in cases in which such payments will, under the rules otherwise applicable under the State plan for determining need and the amount of aid to families with dependent children to be paid (and in conjunction with other income and resources), meet all the need of the individuals with respect to whom such payments are made; “(C) undertaking and continuing special efforts to develop greater ability on the part of the relative to manage funds in such manner as to protect the welfare of the family; “(D) periodic review by such State agency of the determination under clause (A) to ascertain whether conditions justifying such determination still exist, with provision for termination of such payments if they do not and tor seeking judicial appointment of a guardian or other legal representative, as described in section 1111, if and when it appears that the need for such payments

42 USC 1311.

 is continuing, or is likely to continue, beyond a period specified by the Secretary; 76 Stat. 190 “(E) aid in the form of foster home care in behalf of children

75 Stat. 76.

42 USC 608.

 described in section 408(a); and “(F) opportunity for a fair hearing before the State agency on the determination referred to in clause (A) for any individual with respect to whom it is made”. (b)

Ante, p. 174, and Infra.

 Section 403(a) of such Act, as amended by the other provisions of this Act, is further amended by adding at the end thereof (after and below the last paragraph thereof) the following new sentence: “The number of individuals with respect to whom payments described

Ante, p. 189.

 in section 406(b)(2) are made for any month, who may be included as recipients of aid to families with dependent children for purposes

Ants, pp. 174, 175.

 of paragraph (1) or (2), may not exceed 5 per centum of the number of other recipients of aid to families with dependent children for such month.” (c)

Ante, p. 174.

 Paragraph (1)(A) of such section 403(a) (as amended by section 101(a)(2) of this Act) is amended by inserting immediately after “remedial care” the following: “,plus (iii) the number of individuals, not counted under clause (i) or (ii), with respect to whom payments described in section 406(b)(2) are made in such month and included

Ante, p. 175.

Report to President and Congress.

 as expenditures for purposes of this paragraph or paragraph (2)”. (d) The Secretary shall submit to the President, for transmission to the Congress prior to January 1, 1967, a full report of the administration of the provisions of the amendments made by this section, including the experiences of each of the States in making protective payments under the provisions of their respective State plans which are m accord with such amendments, together with his recommendations as to continuation of and modifications in such amendments.
aid for both parents of dependent child Sec. 109. Section 406(b) of the Social Security Act, as amended by

Ante, p. 189.

42 USC 606.

 section 108 of this Act, is amended by inserting “(and the spouse of such relative if living with him and if such relative is the child’s parent and the child is a dependent child by reason of the physical or mental incapacity of a parent or is a dependent child under section

75 Stat. 75.

42 USC 607.

 407)” after “relative with whom any dependent child is living” in clause (1) thereof.
Part B— Improvement in Administration Through Demonstrations, Training, and Public Advisory Groups
advisory council on public welfare Sec. 121.

42 USC 1301–1313.

 Title XI of the Social Security Act is amended by adding at the end thereof the following new section:
“appointment of advisory council and other advisory groups “Sec. 1114. (a) The Secretary shall, during 1964, appoint an Advisory Council on Public Welfare for the purpose of reviewing the administration of the public assistance and child welfare services programs for which funds are appropriated pursuant to this Act and making recommendations for improvement of such administration, and reviewing the status of and making recommendations with respect to the public assistance programs for which funds are so appropriated, especially in relation to the old-age, survivors, and disability insurance program, with respect to the fiscal capacities of the States and the Federal Government, and with respect to any other matters bearing on the amount and proportion of the Federal and State shares in the public assistance and child welfare services programs. 76 Stat. 191 “(b) The Council shall be appointed by the Secretary without regard to the civil-service laws and shall consist of twelve persons who shall, to the extent possible, be representatives of employers and employees in equal numbers, representatives of State or Federal agencies concerned with the administration or financing of the public assistance and child welfare services programs, representatives of nonprofit private organizations concerned with social welfare programs, other persons with special knowledge, experience, or qualifications with respect to such programs, and members of the public. “(c) The Council is authorized to engage such technical assistance as may be required to carry out its functions, and the Secretary shall, in addition, make available to the Council such secretarial, clerical, and other assistance and such pertinent data prepared by the Department of Health, Education, and Welfare as it may require to carry out such functions. “(d) The Council shall make a report of its findings and recommendations

Report.

Termination.

 (including recommendations for changes in the provisions of the Social Security Act) to the Secretary, such report to be submitted

49 Stat. 620.

42 USC 1305.

 not later than July 1, 1966, after which date such Council shall cease to exist. “(e) The Secretary shall also from time to time thereafter appoint

Appointment.

 an Advisory Council on Public Welfare, with the same functions and constituted in the same manner as prescribed for the Advisory Council in the preceding subsections of this section. Each Council so appointed

Report.

Termination.

 shall report its findings and recommendations, as prescribed in subsection (d), not later than July 1 of the second year after the year in which it is appointed, after which date such Council shall cease to exist. “(f) The Secretary may also appoint, without regard to the civil-service

Advisory committees.

 laws, such advisory committees as he may deem advisable to advise and consult with him in carrying out any or his functions under this Act. The Secretary shall report to the Congress annually on the

Report to Congress.

 number of such committees and on the membership and activities of each such committee. “(g) Members of the Council or of any advisory committee

Compensation.

 appointed under this section who are not regular full-time employees or the United States shall, while serving on business of the Council or any such committee, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $75 per day, including travel time; and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b–2) for persons in Government

75 Stat. 339, 340.

 service employed intermittently. “(h) (1) Any member of the Council or any advisory committee

Conflict of interest.

 appointed under this Act, who is not a regular full-time employee of the United States, is hereby exempted, with respect to such appointment, from the operation of sections 281, 283, and 1914 of title 18 of the United States Code, and section 190 of the Revised Statutes (5

62 Stat. 697, 793.

 U.S.C. 99), except as otherwise specified in paragraph (2) of this subsection. “(2) The exemption granted by paragraph (1) shall not extend— “(A) to the receipt or payment of salary in connection with the appointee’s Government service from any source other than the employer of the appointee at the time of his appointment, or “(B) during the period of such appointment, to the prosecution or participation in the prosecution, by any person so appointed, of any claim against the Government involving any matter with which such person, during such period, is or was directly connected by reason of such appointment.”
76 Stat. 192
waiver of state plan requirements for demonstrations Sec. 122.

42 USC 1301–1314.

 Title XI of the Social Security Act is amended by adding after section 1114 (added by section 121 of this Act) the following new section:
“demonstration projects “Sec. 1115. In the case of any experimental, pilot, or demonstration project which, in the judgment of the Secretary, is likely to assist in

42 USC 301–308, 601–608, 1201–1206, 1351–1355, Post, p. 197.

42 USC 302, 602, 1202, 1352, Post, p. 198.

 promoting the objectives of title I, IV, X, XIV, or XVI in a State or States— “(a) the Secretary may waive compliance with any of the requirements of section 2, 402, 1002, 1402, or 1602, as the case may be, to the extent and for the period he finds necessary to enable such State or States to carry out such project, and “(b) costs of such project which would not otherwise be included as expenditures under section 3, 403, 1003, 1403, or 1603, as the case may be, and which are not included as part of the

70 Stat. 851.

42 USC 1310.

 costs of projects under section 1110, shall, to the extent and for the period prescribed by the Secretary, be regarded as expenditures under the State plan or plans approved under such title, or for administration of such State plan or plans, as may be appropriate. In addition, not to exceed $2,000,000 of the aggregate amount appropriated for payments to States under such titles for any fiscal year ending prior to July 1, 1967, shall be available, under such terms and conditions as the Secretary may establish, for payments to States to cover so much of the cost of such projects as is not covered by payments under such titles and is not included as part of the cost of projects for purposes of section 1110.”
increase in adequately trained welfare personnel Sec. 123. (a) Subsection (a) of section 705 of the Social Security

70 Stat. 851; 75 Stat. 77.

42 USC 906.

 Act is amended by striking out “for the fiscal year ending June 30, 1958, the sum of $5,000,000, and for each of the five succeeding fiscal years such sums as the Congress may determine” and inserting in lieu thereof the following: “for the fiscal year ending June 30, 1963, the sum of $3,500,000, and for each fiscal year thereafter the sum of $5,000,000”. (b)

70 Stat. 851.

 Subsection (b) of such section is amended to read as follows: “(b) Such portion of the sums appropriated pursuant to subsection (a) for any fiscal year as the Secretary may determine, but not in excess of $1,000,000 in the case of the fiscal year ending June 30, 1963, and $2,000,000 in the case of any fiscal year thereafter, snail be available for carrying out subsection (r). From the remainder of the sums so appropriated for any fiscal year, the Secretary shall make allotments to the States on the basis of (1) population. (2) relative need for trained public welfare personnel, particularly for personnel to provide self-support and self-care services, and (3) financial need.” (c) Such section 705 is further amended by adding at the end thereof the following new subsection: “(f) (1) The portion of the sums appropriated for any fiscal year which is determined by the Secretary under the first sentence of subsection (b) to be available for carrying out this subsection shall be available to enable him to provide (A) directly or through grants to or contracts with public or nonprofit private institutions of higher learning, for training personnel who are employed or preparing for employment in the administration of public assistance programs, (B) directly or through grants to or contracts with public or nonprofit76 Stat. 193 private agencies or institutions, for special courses of study or seminars of short duration (not in excess of one year) for training of such personnel, and (C) directly or through grants to or contracts with public or nonprofit private institutions of higher learning, for establishing and maintaining fellowships or traineeships for such personnel at such institutions, with such stipends and allowances as may be permitted by the Secretary. “(2) Payments under paragraph (1) may be made in advance on the basis of estimates by the Secretary, or may be made by way of reimbursement, and adjustments may be made in future payments under this subsection to take account of overpayments or underpayments in amounts previously paid. “(3) The Secretary may, to the extent he finds such action to be necessary, prescribe requirements to assure that any individual will repay the amount of his fellowship or traineeship received under this subsection to the extent such individual fails to serve, for the period prescribed by the Secretary, with a State or political subdivision thereof, or with the Federal Government, in connection with administration of any State or local public assistance program. The Secretary may relieve any individual of his obligation to so repay, in whole or in part, whenever and to the extent that requirement of such repayment would, in his judgment, be inequitable or would be contrary to the purposes of any of the public welfare programs established by this Act.” (d) (1) Section 526(a) of such Act is amended by inserting before

74 Stat. 997.

42 USC 726.

 the period at the end thereof “; and for grants by the Secretary to public or other nonprofit institutions of higher learning for special projects for training personnel for work in the field of child welfare, including traineeships with such stipends and allowances as may be permitted by the Secretary”. (2) The heading of section 526 of such Act is amended by inserting Training,” after “Research”.
Part C— Improvement of Public Welfare Programs Through Extension of Temporary Provisions and Increase in Federal Share of Public Assistance Payments
extension of aid with respect to dependent children of unemployed parents or in foster family homes Extension With Respect to Children of Unemployed Parents Sec. 131. (a) So much of the first sentence of section 407 of the Social Security Act as precedes paragraph (1) thereof is amended

75 Stat. 75.

42 USC 607.

 by striking out “1962” and inserting in lieu thereof “1967”. Extension With Respect to Foster Family Home Care (b) So much of the first sentence of section 408 of such Act as precedes paragraph (a) thereof is amended by striking out “, and

42 USC 608.

 ending with the close of June 30, 1962”.
increase in federal share of public assistance payments Sec. 132. (a) Paragraphs (1) and (2) of section 3(a) of the Social Security Act are amended to read as follows:

72 Stat. 1047; 75 Stat. 143.

42 USC 303.

 “(1) in the case of any State other than Puerto Rico, the Virgin Islands, and Guam, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as old-age assistance under the State plan (including expenditures76 Stat. 194 for insurance premiums for medical or any other type of remedial care or the cost thereof)— “(A) 29/35 of such expenditures, not counting so much of any expenditure with respect to any month as exceeds the product of $35 multiplied by the total number of recipients of old-age assistance for such month (which total number, for purposes of this subsection, means (i) the number of individuals who received old-age assistance in the form of money payments for such month, plus (ii) the number of other individuals with respect to whom expenditures were made in such month as old-age assistance in the form of medical or any other type of remedial care); plus “(B) the Federal percentage (as defined in section 1101(a)(8))

72 Stat. 1050.

42 USC 1301.

 of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditure with respect to any month as exceeds the product of $70 multiplied by the total number of such recipients of old-age assistance for such month; plus “(C) the larger of the following: (i) the Federal medical percentage (as defined in section 6(c)) of the amount by which such expenditures exceed the maximum which may be counted under clause (B), not counting so much of any expenditure with respect to any month as exceeds (I) the product of $85 multiplied by the total number of such recipients of old-age assistance for such month, or (II) if smaller, the total expended as old-age assistance in the form of medical or any other type of remedial care with respect to such month plus the product of $70 multiplied by such total number of such recipients, or (ii) 15 per centum of the total of the sums expended during such quarter as old-age assistance under the State plan in the form of medical or any other type of remedial care, not counting so much of any expenditure with respect to any month as exceeds the product of $15 multiplied by the total number of such recipients of old-age assistance for such month; “(2) in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to— “(A) one-half of the total of the sums expended during such quarter as old-age assistance under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof), not counting so much of any expenditure with respect to any month as exceeds $37.50 multiplied by the total number of recipients of old-age assistance for such month; plus “(B) the larger of the following amounts: (i) one-half of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditure with respect to any month as exceeds (I) the product of $45 multiplied by the total number of such recipients of old-age assistance for such month, or (II) if smaller, the total expended as old-age assistance in the form of medical or any other type of remedial care with respect to Such month plus the product of $37.50 multiplied by the total number of such recipients, or (ii) 15 per centum of the total of the sums expended during such quarter as old-age assistance under the State plan in the form of medical or any other type of remedial care, not counting so much of any expenditure with respect to any month as exceeds the76 Stat. 195 product of $7.50 multiplied by the total number of such recipients of old-age assistance for such month;”. (b) So much of section 1003(a) of such Act as precedes clause (3)

72 Stat. 1049; 75 Stat. 143.

42 USC 1203.

 is amended to read as follows: “(a) From the sums appropriated therefor, the Secretary of the Treasury shall pay to each State which has an approved plan for aid to the blind, for each quarter, beginning with the quarter commencing October 1, 1958— “(1) in the case of any State other than Puerto Rico, the Virgin Islands, and Guam, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as aid to the blind under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof)— “(A) 29/35 of such expenditures, not counting so much of any expenditure with respect to any month as exceeds the product of $35 multiplied by the total number of recipients of aid to the blind for such month (which total number, for purposes of this subsection, means (i) the number of individuals who received aid to the blind in the form of money payments for such month, plus (ii) the number of other individuals with respect to whom expenditures were made in such month as aid to the blind in the form of medical or any other type of remedial care); plus “(B) the Federal percentage of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditure with respect to any month as exceeds the product of $70 multiplied by the total number of such recipients of aid to the blind for such month; and “(2) in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to one-half of the total of the sums expended during such quarter as aid to the blind under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof), not counting so much of any expenditure with respect to any month as exceeds $37.50 multiplied by the total number of recipients of aid to the blind for such month; and”. (c) So much of section 1403(a) of such Act as precedes clause (3)

42 USC 1353.

 is amended to read as follows: “(a) From the sums appropriated therefor, the Secretary of the Treasury shall pay to each State which has an approved plan for aid to the permanently and totally disabled, for each quarter, beginning with the quarter commencing October 1, 1958— “(1) in the case of any State other than Puerto Rico, the Virgin Islands, and Guam, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as aid to the permanently and totally disabled under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof)— “(A) 29/35 of such expenditures, not counting so much of any expenditure with respect to any month as exceeds the product of $35 multiplied by the total number of recipients of aid to the permanently and totally disabled for such month (which total number, for purposes of this subsection, means (i) the number of individuals who received aid to the permanently and totally disabled in the form of money payments for such month, plus (ii) the number of other individuals with respect to whom expenditures were made in such month76 Stat. 196 as aid to the permanently and totally disabled in the form of medical or any other type of remedial care); plus “(B) the Federal percentage of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditure with respect to any month as exceeds the product of $70 multiplied by the total number of such recipients of aid to the permanently and totally disabled for such month; and “(2) in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to one-half of the total of the sums expended during such quarter as aid to the permanently and totally disabled under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof), not counting so much of any expenditure with respect to any month as exceeds $37.50 multiplied by the total number of recipients of aid to the permanently and totally disabled for such month; and”. (d)

Repeal.

75 Stat. 143, 78.

42 USC 1308 and notes.

 Section 303(d) of the Social Security Amendments of 1961 (Public Law 87–64), and section 6 of the Act of May 8, 1961 (Public Law 87–31), are repealed. (e) Section 303(e) of the Social Security Amendments of 1961

42 USC 303 note.

 (Public Law 87–64) is amended by striking out “July 1, 1962” and inserting in lieu thereof “October 1, 1962”.
extension of assistance to repatriated american citizens Sec. 133.

42 USC 1313.

 Subsection (d) of section 1113 of the Social Security Act is amended by striking out “1962” and inserting in lieu thereof “1964”.
refusal of unemployed parent to accept retraining Sec. 134.

42 USC 607.

 Paragraph (3) of section 407 of the Social Security Act is amended by inserting “(A)” after “provision” and by inserting before the period at the end thereof “, and (B) for denying aid to families with dependent children to any such child or relative if, and for as long as, the unemployed parent refuses without good cause to undergo any such retraining”.
federal payments for foster care in child-care institutions Sec. 135. (a) Clause (3) of paragraph (a) of section 408 of the

42 USC 608.

 Social Security Act is amended by inserting “or child-care institution” after “foster family home”. (b) Paragraph (b) of such section is amended by striking out “of this section m the foster family home of any individual” and inserting in lieu thereof the following: “of this section— “(1) in the foster family home of any individual, whether the payment therefor is made to such individual or to a public or nonprofit private child-placement or child-care agency, or “(2) in a child-care institution, whether the payment therefor is made to such institution or to a public or nonprofit private child-placement or child-care agency, but subject to limitations prescribed by the Secretary with a view to including as ‘aid to families with dependent children’ in the case of such foster care in such institutions only those items which are included in such term in the case of foster care in the foster family home of an individual”. (c) Clauses (1) and (2) of paragraph (f) of such section are each amended by inserting “or child-care institution” after “foster family home”. 76 Stat. 197 (d) The last sentence of such section is amended by inserting before the period at the end thereof the following: “; and the term ‘child-care institution’ means a nonprofit private child-care institution which is licensed by the State in which it is situated or has been approved, by the agency of such State responsible for licensing or approval of institutions of this type, as meeting the standards established for such licensing”. (e) The amendments made by the preceding provisions of this section shall be effective only in the case of expenditures under a State plan approved under title IV of the Social Security Act made during

42 USC 601–608.

 the period beginning October 1, 1962, and ending with the close of September 30, 1964.
certain state plans not meeting income and resources requirements for the blind Sec. 136. (a) Section 1002(b) of the Social Security Act is amended

49 Stat. 645.

42 USC 1202.

 by adding at the end thereof (after and below paragraph (2)) the following new sentence:

“In the case of any State (other than Puerto Rico and the Virgin Islands) which did not have on January 1, 1949, a State plan for aid to the blind approved under this title, the Secretary shall approve a plan of such State for aid to the blind for purposes of this title, even though it does not meet the requirements of clause (8) of subsection (a) of

74 Stat. 997.

42 USC 1202.

this section, if it meets all other requirements of this title for an approved plan for aid to the blind; but payments under section 1003 shall be made, in the case of any such plan, only with respect to expenditures thereunder which would be included as expenditures for the purposes of section 1003 under a plan approved under this section

42 USC 1203.

 without regard to the provisions of this sentence.”

 (b) Section 344 of the Social Security Act Amendments of 1950 is

64 Stat. 554; 74 Stat. 995.

42 USC 1202a and note.

 repealed.
Part D— Simplification of Categories
optional combined state plan for aged, blind, and disabled Sec. 141. (a) The Social Security Act is amended by adding after title XV the following new title:

68 Stat. 1130.

42 USC 1361–1371.

 <num value="XVI">“TITLE XVI—</num> <heading class="inline">GRANTS TO STATES FOR AID TO THE AGED, BLIND, OR DISABLED, OR FOR SUCH AID AND MEDICAL ASSISTANCE FOR THE AGED</heading> <section> <heading class="smallCaps centered">“appropriation</heading> <num value="1601"><inline class="smallCaps">“Sec</inline>. 1601. </num> <content class="inline">For the purpose (a) of enabling each State, as far as practicable under the conditions m such State, to furnish financial assistance to needy individuals who are 65 years of age or over, are blind, or are 18 years of age or over and permanently and totally disabled, (b) of enabling each State, as far as practicable under the conditions in such State, to furnish medical assistance on behalf of individuals who are 65 years of age or over and who are not recipients of aid to the aged, blind, or disabled but whose income and resources are insufficient to meet the costs of necessary medical services, and (c) of encouraging each State, as far as practicable under the conditions in such State, to furnish rehabilitation and other services to help individuals referred to in clause (a) or (b) to attain or retain capability for self-support or self-care, there is hereby authorized to be<page identifier="/us/stat/76/198">76 <inline class="smallCaps">Stat</inline>. 198</page> appropriated for each fiscal year a sum sufficient to carry out the purposes of this title. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary of Health, Education, and Welfare, State plans for aid to the aged, blind, or disabled, or for aid to the aged, blind, or disabled and medical assistance for the aged.</content> </section> <section> <heading class="smallCaps centered">“state plans for aid to the aged, blind, or disabled, or for such aid and medical assistance for the aged</heading> <num value="1602"><inline class="smallCaps">“Sec</inline>. 1602. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>A State plan for aid to the aged, blind, or disabled, or for aid to the aged, blind, or disabled and medical assistance for the aged, must—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>provide for financial participation by the State;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>either provide for the establishment or designation of a single State agency to administer the plan, or provide for the establishment or designation of a single State agency to supervise the administration of the plan;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for aid or assistance under the plan is denied or is not acted upon with reasonable promptness;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary snail exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary to be necessary for the proper and efficient operation of the plan;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>provide that the State agency will make such reports, in such form and containing such information, as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the plan;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>provide that all individuals wishing to make application for aid or assistance under the plan shall have opportunity to do so, and that such aid or assistance shall be furnished with reasonable promptness to all eligible individuals;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>provide, if the plan includes aid or assistance to or on behalf of individuals in private or public institutions, for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for such institutions;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <content>provide a description of the services (if any) which the State agency makes available to applicants for or recipients of aid or assistance under the plan to help them attain self-support or self-care, including a description of the steps taken to assure, in the provision of such services, maximum utilization of other agencies providing similar or related services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">“(11) </num> <content>provide that no aid or assistance will be furnished any individual under the plan with respect to any period with respect to which he is receiving assistance under the State plan approved under title I or aid under the State plan approved under title<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s301–306/601–608/1201–1206/1351–1355">42 USC 301–306, 601–608, 1201–1206, 1351–1355</ref>.</p></sidenote> IV, X, or XIV;</content> </paragraph> <page identifier="/us/stat/76/199">76 <inline class="smallCaps">Stat</inline>. 199</page> <paragraph class="firstIndent1 fontsize10"> <num value="12">“(12) </num> <content>provide that, in determining whether an individual is blind, there shall be an examination by a physician skilled in the diseases of the eye or by an optometrist, whichever the individual may select;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">“(13) </num> <content>include reasonable standards, consistent with the objectives of this title, for determining eligibility for and the extent of aid or assistance under the plan;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">“(14) </num> <content>provide that the State agency shall, in determining need for aid to the aged, blind, or disabled, take into consideration any other income and resources of an individual claiming such aid, as well as any expenses reasonably attributable to the earning of any such income; except that, in making such determination with respect to any individual who is blind, the State agency shall disregard (A) the first $85 per month of earned income plus one-half of earned income in excess of $85 per month and (B) for a period not in excess of twelve months, such additional amounts of other income and resources, in the case of an individual who has a plan for achieving self-support approved by the State agency, as may be necessary for the fulfillment of such plan, and in making such determination with respect to any other individual who has attained age 65 and is claiming aid to the aged, blind, or disabled, of the first $50 per month of earned income the State agency may, after December 31, 1962, disregard not more than the first $10 thereof plus one-half of the remainder; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">“(15) </num> <chapeau>if the State plan includes medical assistance for the aged—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>provide for inclusion of some institutional and some noninstitutional care and services;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>provide that no enrollment fee, premium, or similar charge will be imposed as a condition of any individual’s eligibility for medical assistance for the aged under the plan;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>provide for inclusion, to the extent required by regulations prescribed by the Secretary, of provisions (conforming to such regulations) with respect to the furnishing of such assistance to individuals who are residents of the State but are absent therefrom; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>provide that no lien may be imposed against the property of any individual prior to his death on account of medical assistance for the aged paid or to be paid on his behalf under the plan (except pursuant to the judgment of a court on account of benefits incorrectly paid on behalf of such individual), and that there shall be no adjustment or recovery (except, after the death of such individual and his surviving spouse, if any, from such individual’s estate) of any medical assistance for the aged correctly paid on behalf of such individual under the plan.</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">Notwithstanding paragraph (3), if on January 1, 1962, and on the date on which a State submits its plan for approval under this title, the State agency which administered or supervised the administration of the plan of such State approved under title X was different from<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1201–1206">42 USC 1201–1206</ref>.</p></sidenote> the State agency which administered or supervised the administration of the plan of such State approved under title I and the State agency<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s301–306">42 USC 301–306</ref>.</p></sidenote> which administered or supervised the administration of the plan of such State approved under title XIV, the State agency which administered<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1351–1355">42 USC 1351–1355</ref>.</p></sidenote> or supervised the administration of such plan approved under title X may be designated to administer or supervise the administration of the portion of the State plan for aid to the aged, blind, or disabled (or for aid to the aged, blind, or disabled and medical assistance for the aged) which relates to blind individuals and a separate<page identifier="/us/stat/76/200">76 <inline class="smallCaps">Stat</inline>. 200</page> State agency may be established or designated to administer or supervise the administration of the rest of such plan; and in such case the part of the plan which each such agency administers, or the administration of which each such agency supervises, shall be regarded as a separate plan for purposes of this title.</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <chapeau>The Secretary shall approve any plan which fulfills the conditions specified in subsection (a), except that he shall not approve any plan which imposes, as a condition of eligibility for aid or assistance under the plan—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>an age requirement of more than sixty-five years; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>any residence requirement which (A) in the case of applicants for aid to the aged, blind, or disabled excludes any resident of the State who has resided therein five years during the nine years immediately preceding the application for such aid and has resided therein continuously for one year immediately preceding the application, and (B) in the case of applicants for medical assistance for the aged, excludes any individual who resides in the State; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>any citizenship requirement which excludes any citizen of the United States.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">In the case of any State to which the provisions of section 344 of the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/554">64 Stat. 554</ref>; <ref href="/us/stat/74/995">74 Stat. 995</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1202a">42 USC 1202a and note</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 197.</p></sidenote> Social Security Act Amendments of 1950 were applicable on January 1, 1962, and to which the sentence of section 1002(b) following paragraph (2) thereof is applicable on the date on which its State plan for aid to the aged, blind, or disabled (or for aid to the aged, blind, or disabled and medical assistance for the aged) was submitted for approval under this title, the Secretary shall approve the plan of such State for aid to the aged, blind, or disabled (or for aid to the aged, blind, or disabled and medical assistance for the aged) for purposes of this title, even though it does not meet the requirements of paragraph (14) of subsection (a), if it meets all other requirements of this title for an approved plan for aid to the aged, blind, or disabled (or for aid to the aged, blind, or disabled and medical assistance for the aged); but payments under section 1603 shall be made, in the case of any such plan, only with respect to expenditures thereunder which would be included as expenditures for the purposes of section 1603 under a plan approved under this section without regard to the provisions of this sentence.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>Subject to the last sentence of subsection (a), nothing in this title shall be construed to permit a State to have in effect with respect to any period more than one State plan approved under this title.</content> </subsection> </section> <section> <heading class="smallCaps centered">“payments to states</heading> <num value="1603"><inline class="smallCaps">“Sec</inline>. 1603. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>From the sums appropriated therefor, the Secretary shall pay to each State which has a plan approved under this title, for each quarter, beginning with the quarter commencing October 1, 1962—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau>in the case of any State other than Puerto Rico, the Virgin Islands, and Guam, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as aid to the aged, blind, or disabled under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content><sup>29</sup>/<sub>35</sub> of such expenditures, not counting so much of any expenditure with respect to any month as exceeds the product of $35 multiplied by the total number of recipients of such aid for such month (which total number, for purposes of this subsection, means (i) the number of individuals who received such aid in the form of money payments for such<page identifier="/us/stat/76/201">76 <inline class="smallCaps">Stat</inline>. 201</page> month, plus (ii) the number of other individuals with respect to whom expenditures were made in such month as aid to the aged, blind, or disabled in the form of medical or any other type of remedial care); plus</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the Federal percentage (as defined in section 1101 (a)(8)) of the amount by which such expenditures exceed the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1050">72 stat. 1050</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1301">42 USC 1301</ref>.</p></sidenote> maximum which may be counted under clause (A), not counting so much of any expenditure with respect to any month as exceeds the product of $70 multiplied by the total number of recipients of aid to the aged, blind, or disabled for such month; plus</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the larger of the following: (i) the Federal medical percentage (as defined in section 6(c)) of the amount by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/991">74 Stat. 991</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s306">42 USC 306</ref>.</p></sidenote> which such expenditures exceed the maximum which may be counted under clause (B), not counting so much of any expenditure with respect to any month as exceeds (I) the product of $85 multiplied by the total number of such recipients of aid to the aged, blind, or disabled for such month, or (II) if smaller, the total expended as aid to the aged, blind, or disabled in the form of medical or any other type of remedial care with respect to such month plus the product of $70 multiplied by such total number of such recipients, or (ii) 15 per centum of the total of the sums expended during such quarter as aid to the aged, blind, or disabled under the State plan in the form of medical or any other type of remedial care, not counting so much of any expenditure with respect to any month as exceeds the product of $15 multiplied by the total number of such recipients of aid to the aged, blind, or disabled for such month: </content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>one-half of the total of the sums expended during such quarter as aid to the aged, blind, or disabled under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof), not counting so much of any expenditure with respect to any month as exceeds $37.50 multiplied by the total number of recipients of aid to the aged, blind, or disabled for such month; plus</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the larger of the following amounts: (i) one-half of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditure with respect to any month as exceeds (I) the product of $45 multiplied by the total number of such recipients of aid to the aged, blind, or disabled for such month, or (II) if smaller, the total expended as aid to the aged, blind, or disabled in the form of medical or any other type of remedial care with respect to such month plus the product of $37.50 multiplied by the total number of such recipients, or (ii) 15 per centum of the total of the sums expended during such quarter as aid to the aged, blind, or disabled under the State plan in the form of medical or any other type of remedial care, not counting so much of any expenditure with respect to any month as exceeds the product of $7.50 multiplied by the total number of such recipients of aid to the aged, blind, or disabled for such month;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>in the case of any State, an amount equal to the Federal medical percentage (as defined in section 6(c)) of the total amounts expended during such quarter as medical assistance for<page identifier="/us/stat/76/202">76 <inline class="smallCaps">Stat</inline>. 202</page> the aged under the State plan (including expenditures for insurance premiums for medical or any other type of remedial care or the cost thereof); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau>in the case of any State whose State plan approved under<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 203.</p></sidenote> section 1602 meets the requirements of subsection (c)(1), an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health, Education, and Welfare for the proper and efficient administration of the State plan—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau>75 per centum of so much of such expenditures as are for—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>services which are prescribed pursuant to subsection (c)(1) and are provided (in accordance with the next sentence) to applicants for or recipients of aid or assistance under the plan to help them attain or retain capability for self-support or self-care, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>other services, specified by the Secretary as likely to prevent or reduce dependency, so provided to such applicants or recipients, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>any of the services prescribed pursuant to subsection (c)(1), and of the services specified as provided in clause (ii), which the Secretary may specify as appropriate for individuals who, within such period or periods as the Secretary may prescribe, have been or are likely to become applicants for or recipients of aid or assistance under the plan, if such services are requested by such individuals and are provided to such individuals in accordance with the next sentence, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content>the training of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>one-half of so much of such expenditures (not included under subparagraph (A)) as are for services provided (in accordance with the next sentence) to applicants for or recipients of aid or assistance under the plan, and to individuals requesting such services who (within such period or periods as the Secretary may prescribe) have been or are likely to become applicants for or recipients of such aid or assistance; plus</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content> <p class="inline">one-half of the remainder of such expenditures.</p> <p class="indent0 firstIndent0 fontsize10">The services referred to in subparagraphs (A) and (B) shall include only—</p> </content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>services provided by the staff of the State agency, or of the local agency administering the State plan in the political subdivision: <proviso><i>Provided</i>, That no funds authorized under this title shall be available for services defined as vocational rehabilitation services under the Vocational Rehabilitation<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/652">68 Stat. 652</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s31">29 USC 31 note</ref>.</p></sidenote> Act (i) which are available to individuals in need of them under programs for their rehabilitation carried on under a State plan approved under such Act, or (ii) which the State agency or agencies administering or supervising the administration of the State plan approved under such Act are able and willing to provide if reimbursed for the cost thereof pursuant to agreement under subparagraph (E), if provided by such staff, and</proviso></content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>subject to limitations prescribed by the Secretary, services which in the judgment of the State agency cannot be as economically or as effectively provided by the staff of<page identifier="/us/stat/76/203">76 <inline class="smallCaps">Stat</inline>. 203</page> such State or local agency and are not otherwise reasonably available to individuals in need of them, and which are provided, pursuant to agreement with the State agency, by the State health authority or the State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services approved under the Vocational Rehabilitation Act or by any other State agency<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/652">68 Stat. 652</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s31">29 USC 31 note</ref>.</p></sidenote> which the Secretary may determine to be appropriate (whether provided by its staff or by contract with public (local) or nonprofit private agencies);</content> </subparagraph> <continuation class="indent1 firstIndent0 fontsize10">except that services described in clause (ii) of subparagraph (D) hereof may be provided only pursuant to agreement with such State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services so approved. The portion of the amount expended for administration of the State plan to which subparagraph (A) applies and the portion thereof to which subparagraphs (B) and (C) apply shall tie determined in accordance with such methods and procedures as may be permitted by the Secretary; and</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>in the case of any State whose State plan approved under section 1602 does not meet the requirements of subsection (c)(1),<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 198.</p></sidenote> an amount equal to one-half of the total of the sums expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan, including services referred to in paragraph (4) and provided in accordance with the provisions of such paragraph.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Prior to the beginning of each quarter, the Secretary shall estimate the amount to which a State will be entitled under subsection (a) for such quarter, such estimates to be based on (A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of such subsection, and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than the State’s proportionate share of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, and (B) such other investigation as the Secretary may find necessary.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary shall then pay, in such installments as he may determine, to the State the amount so estimated, reduced or increased to the extent of any overpayment or underpayment which the Secretary determines was made under this section to such State for any prior quarter and with respect to which adjustment has not already been made under this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The pro rata share to which the United States is equitably entitled, as determined by the Secretary, of the net amount recovered during any quarter by the State or any political subdivision thereof with respect to aid or assistance furnished under the State plan, but excluding any amount of such aid or assistance recovered from the estate of a deceased recipient which is not in excess of the amount expended by the State or any political subdivision thereof for the funeral expenses of the deceased, shall be considered an overpayment to be adjusted under this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>Upon the making of any estimate by the Secretary under this subsection, any appropriations available for payments under this section shall be deemed obligated.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>In order for a State to qualify for payments under paragraph (4) of subsection (a), its State plan approved under section 1602 must provide that the State agency shall make available to applicants for or recipients of aid to the aged, blind, or disabled under<page identifier="/us/stat/76/204">76 <inline class="smallCaps">Stat</inline>. 204</page> such State plan at least those services to help them attain or retain capability for self-support or self-care which are prescribed by the Secretary.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>In the case of any State whose State plan included a provision meeting the requirements of paragraph (1), but with respect to which the Secretary finds, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the provision has been so changed that it no longer complies with the requirements of paragraph (1), or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in the administration of the plan there is a failure to comply substantially with such provision,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">the Secretary shall notify such State agency that further payments will not be made to’the State under paragraph (4) of subsection (a) until he is satisfied that there will no longer be any such failure to comply. Until the Secretary is so satisfied further payments with respect to the administration of such State plan shall not be made under paragraph (4) of subsection (a) but shall instead be made, subject to the other provisions of this title, under paragraph (5) or such subsection.</continuation> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“operation of state plans</heading> <num value="1604"><inline class="smallCaps">“Sec</inline>. 1604. </num> <chapeau class="inline">If the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this title, finds—</chapeau> <paragraph class="inline"> <num value="1">“(1) </num> <content>that the plan has been so changed that it no longer complies<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 198.</p></sidenote> with the provisions of section 1602; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>that in the administration of the plan there is a failure to comply substantially with any such provision;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">the Secretary shall notify such State agency that further payments will not be made to the State (or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure), until the Secretary is satisfied that there will no longer be any such failure to comply. Until he is so satisfied he shall make no further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure).</continuation> </section> <section> <heading class="smallCaps centered">“definitions</heading> <num value="1605"><inline class="smallCaps">“Sec</inline>. 1605. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>For the purposes of this title, the term ‘aid to the aged, blind, or disabled’ means money payments to, or (if provided in or after the third month before the month in which the recipient makes application for aid) medical care in behalf of or any type of remedial care recognized under State law in behalf of, needy individuals who are 65 years of age or older, are blind, or are 18 years of age or over and permanently and totally disabled, but does not include—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual who is a patient in an institution for tuberculosis or mental diseases, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>any such payments to any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>any such care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that he has tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution, as a result of such diagnosis, for forty-two days.</content> </paragraph> </subsection> <page identifier="/us/stat/76/205">76 <inline class="smallCaps">Stat</inline>. 205</page> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <chapeau>For purposes of this title, the term ‘medical assistance for the aged’ means payment of part or all of the cost of the following care and services (if provided in or after the third month before the month in which the recipient makes application for assistance) for individuals who are sixty-five years of age or older and who are not recipients of aid to the aged, blind, or disabled but whose income and resources are insufficient to meet all of such cost—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>inpatient hospital services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>skilled nursing-home services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>physicians’ services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>outpatient hospital or clinic services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>home health care services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>private duty nursing services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>physical therapy and related services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>dental services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>laboratory and X-ray services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">“(10) </num> <content>prescribed drugs, eyeglasses, dentures, and prosthetic devices;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">“(11) </num> <content>diagnostic, screening, and preventive services; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">“(12) </num> <chapeau> <p class="inline">any other medical care or remedial care recognized under State law;</p> <p class="indent0 firstIndent0 fontsize10">except that such term does not include any such payments with respect to—</p> </chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>care or services for any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual who is a patient in an institution for tuberculosis or mental diseases; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>care or services for any individual, who is a patient in a a medical institution as a result of a diagnosis of tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution, as a result of such diagnosis, for forty-two days.”</content> </subparagraph> </paragraph> </subsection> </section> (b) No payment may be made to a State under title I, X, or XIV of the Social Security Act for any period for which such State receives

42 USC 301–306, 1201–1206, 1351–1355.

Ante, p. 197.

42 USC 1309.

42 USC 302, 602, 1202, 1352.

Ante, p. 199.

42 USC 601–608;

Ante, p. 186.

 any payments under title XVI of such Act or any period thereafter. (c) Section 1109 of such Act is amended by striking out “sections 2(a)(7), 402(a)(7), 1002(a)(8), and 1402(a)(8)” and inserting in lieu thereof “sections 2(a)(10)(A), 402(a)(7), 1002(a)(8), 1402(a)(8), and 1602(a)(14)” and by striking out “a State plan approved under title I, IV, X, or XIV” wherever it appears and inserting in lieu thereof “a State plan approved under title I, IV, X,XIV7orXVI”. (d) Section 1111 of such Act is amended by striking out “and XIV”

42 USC 1311.

 and inserting in lieu thereof “XIV, and XVI”. (e) Section 618 of the Revenue Act of 1951 is amended by striking

65 Stat. 569.

42 USC 302 note.

Ante, p. 201.

 out “or XIV” and inserting in lieu thereof “XIV, or XVI (other than section 1603(a)(3) thereof)”. (f) In the case of any State which has a State plan approved under title XVI of the Social Security Act, any overpayment or underpayment which the Secretary determines was made to such State under section 3, 1003, or 1403 of such Act with respect to a period before the

42 USC 303, 1203, 1353.

 approval of the plan under such title XVI, and with respect to which adjustment has not been already made under subsection (b) of such section 3, 1003, or 1403, shall, for purposes of section 1603(b) of such Act, be considered an overpayment or underpayment (as the case

Ante, p. 203.

 may be) made under section 1603 of such Act.
76 Stat. 206 Part E— Miscellaneous and Technical Amendments
increase in limitation on total public assistance payments to puerto rico, the virgin islands, and guam Sec. 151. Effective for fiscal years ending after June 30, 1962, section

42 USC 1308.

 1108 of the Social Security Act is amended to read as follows:
“limitation on payments to puerto rico, the virgin islands, and guam “Sec. 1108. The total amount certified by the Secretary of Health,

42 USC 301–306.

42 USC 601–608, 1201–1206, 1351–1355.

Ante, p. 197.

 Education, and Welfare under title I (other than section 3(a)(3) thereof), IV, X, XIV, and XVI (other than section 1603(a)(3) thereof) for payment to Puerto Rico with respect to any fiscal year shall not exceed $9,800,000, of which $625,000 may be used only for payments certified with respect to section 3(a)(2)(B) or 1603(a)(2)(B); the total amount certified by the Secretary under such titles for payments to the Virgin Islands with respect to any fiscal year shall not exceed $330,000, of which $18,750 may be used only for payments certified with respect to section 3(a)(2)(B) or 1603(a)(2)(B); and the total amount certified by the Secretary under such titles for payment to Guam with respect to any fiscal year shall not exceed $450,000, of which $25,000 may be used only for payments certified with respect to section 3(a)(2)(B) or 1603(a)(2)(B). Notwithstanding the provisions

42 USC 702, 712, 722; Ante, p. 183.

 of sections 502(a)(2), 512(a)(2), 522(a), and 527(a), and until such time as the Congress may by appropriation or other law otherwise provide, the Secretary shall, in lieu of the initial (or, in the case of section 527(a), the minimum) allotment specified in such sections, allot such smaller amounts to Guam as he may deem appropriate.”
payments to relative of child when child is dependent Sec. 152.

Ante, pp. 189, 190.

42 USC 606.

 Section 406(b) of the Social Security Act is amended by striking out “for any month” and by striking out “if money payments have been made under the State plan with respect to such child for such month”.
definitions of “state” and “united states” Sec. 153. (a) Paragraph (1) of section 1101(a) of the Social Security

42 USC 1301.

42 USC 1501–1513.

 Act is amended by striking out “X, and XIV” and inserting in lieu thereof “X, XI, XIV. and XVI”. (b) Paragraph (2) of such section is amended by striking out “, the District of Columbia, and the Commonwealth of Puerto Rico”.
income and resources to be disregarded in determining need of individual for aid to the blind Sec. 154. Effective July 1, 1963, so much of section 1002(a)(8) of

42 USC 1202.

 the Social Security Act as follows the first semicolon therein is amended to read as follows: “except that, in making such determination, the State agency shall disregard (A) the first $85 per month of earned income, plus one-half of earned income in excess of $85 per month, and (B) tor a period not in excess of twelve months, such additional amounts of other income and resources, in the case of an individual who has a plan for achieving self-support approved by the State agency, as may be necessary for the fulfillment of such plan;”.
76 Stat. 207
responsibility for placement and foster care of dependent children Sec. 155. (a) Clause (2) of section 408(a) of the Social Security Act is amended to read: “(2) whose placement and care are the responsibility

42 USC 608.

 of (A) the State or local agency administering the State plan approved under section 402, or (B) any other public agency

42 USC 602.

 with whom the State agency administering or supervising the administration of such State plan has made an agreement which is still in defect and which includes provision for assuring development of a plan, satisfactory to such State agency, for such child as provided m paragraph (f)(1) and such other provisions as may be necessary to assure accomplishment of the objectives of the State plan approved under section 402,”. (b) The amendment made by subsection (a) shall apply only for the period beginning October 1, 1962, and ending with the close of June 30, 1963. The Secretary shall submit to the President, for transmission

Report to President and Congress.

 to the Congress prior to March 1, 1963, a full report of the administration of the provisions of the amendment made by subsection (a), including the experiences of each of the States in arranging for foster care under the provisions of their respective State plans which are in accord with such amendment, together with his recommendations as to continuation of, and modifications in, such amendment.
starting date for public assistance in form of medical or remedial care Sec. 156. (a) (1) So much of section 6(a) of the Social Security Act

42 USC 306.

 as precedes paragraph (1) thereof is amended by inserting “(if provided in or after the third month before the month in which the recipient makes application for assistance)” before “medical care”. (2) So much of section 6(b) of such Act as precedes paragraph (1) thereof is amended by inserting “(if provided in or after the third month before the month in which the recipient makes application for assistance) ” after “care and services”. (b) So much of section 406(b) of such Act as precedes clause (1)

Ante, pp. 189, 190.

 thereof is amended by inserting “(if provided in or after the third month before the month in which the recipient makes application for aid)” before “medical care”. (c) Section 1006 of such Act is amended by inserting “(if provided

42 USC 1206.

 in or after the third month before the month in which the recipient makes application for aid)” before “medical care”. (d) Section 1405 of such Act is amended by inserting “(if provided

42 USC 1355.

 in or after the third month before the month in which the recipient makes application for aid)” before “medical care”. (e) The amendments made by this section shall apply in the case of applications made after September 30, 1962, under a State plan approved under title I, IV, X, or XIV of the Social Security Act.

42 USC 301–306, 601–608, 1201–1206. 1351–1355.
certain earned income may be disregarded in determining need for old-age assistance Sec. 157. Section 2(a)(10)(A) of the Social Security Act (as

42 USC 302.

Ante, p. 188.

 amended by section 106(a)(1) of this Act) is further amended by inserting before the semicolon at the end thereof except that, in making such determination, of the first $50 per month of earned income the State agency may disregard, after December 31, 1962, not more than the first $10 thereof plus one-half of the remainder”.
76 Stat. 208 <num value="II">TITLE II—</num> <heading class="inline">GENERAL</heading> <section> <heading class="smallCaps centered">meaning of term “secretary”</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">As used in this Act and in the provisions of the Social Security Act amended by this Act, the term “<quotedText>Secretary</quotedText>”, unless the context otherwise requires, means the Secretary of Health, Education, and Welfare.</content> </section> <section> <heading class="smallCaps centered">effective dates</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The amendments made by sections 102(b)(1), 103, 106, and 134 shall become effective July 1, 1963.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The amendments made by sections 102(c), 123, and 132(d) shall be applicable in the case of fiscal years beginning after June 30, 1962.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The amendments made by sections 102 (b)(2) and (d), and 152 shall be applicable in the case of expenditures, under a State plan<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s301–306/601–608/1201–1206/1331–1355">42 USC 301–306, 601–608, 1201–1206, 1331–1355</ref>.</p></sidenote> approved under title I, IV, X, or XIV of the Social Security Act or developed as provided in part 3 of title V of such Act, as the case may be, made after June 30, 1962.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s721">42 USC 721</ref>.</p></sidenote> <content>The amendments made by sections 109 and 132 (other than subsections (d) and (e) thereof) shall be applicable in the case of expenditures, under a State plan approved under title I, IV, X, or XIV of the Social Security Act, as the case may be, made after September 30, 1962.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>The amendments made by sections 105 (other than subsection (c)) and 108 shall be applicable in the case of expenditures under a State plan approved under title IV of the Social Security Act, made during the period beginning October 1, 1962, and ending with the close of June 30, 1967.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>The amendments made by section 101(a) shall be applicable in the case of expenditures, under a State plan approved under title I, IV, X, or XIV of the Social Security Act, as the case may be, made after August 31, 1962. The amendments made by section 101 (b) shall be applicable in the case of expenditures, under a State plan approved under title I, IV, X, or XIV of the Social Security Act, as the case may be, made after June 30, 1963.</content> </subsection> </section> Approved July 25, 1962.
Public Law 87–544: To change the classes of persons eligible to receive payments of benefits withheld during the lifetime of deceased veterans while being furnished hospital or domiciliary care. Public Law 544 Public Law 87–544 76 Stat. 208 1962-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–544
AN ACT To change the classes of persons eligible to receive payments of benefits withheld during the lifetime of deceased veterans while being furnished hospital or domiciliary care.

July 25, 1962

[H. R. 8415]

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

Deceased veterans.

Beneficiaries, payments.

72 Stat. 1234.
That section 3203 (a)(2)(A), title 38, United States Code, is amended by striking out the words “third, if no spouse or child” and all that follows down through “brothers and sisters in equal parts” and inserting in lieu thereof the following: “third, if no spouse or child, then to the dependent parents in equal parts”.
Sec. 2. The amendment made by this Act shall also apply to cases in which pension eligibility is subject to the provisions of section 9(b)

73 Stat. 436.

38 USC 521 note.

 of the Veterans’ Pension Act of 1959.
Approved July 25, 1962.
Public Law 87–545: Making supplemental appropriations for the fiscal year ending June 30, 1962, and for other purposes. Public Law 545 Public Law 87–545 76 Stat. 209 1962-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 209 Public Law 87–545
AN ACT Making supplemental appropriations for the fiscal year ending June 30, 1962, and for other purposes.

July 25, 1962

[H. R. 11038]

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

Second Supplemental Appropriation Act, 1962.

 sums are appropriated out of any money in the Treasury not otherwise appropriated, to supply supplemental appropriations (this Act may be cited as the “Second Supplemental Appropriation Act, 1962”) for the fiscal year ending June 30, 1962, and for other purposes, namely:
<num value="I">TITLE I</num> <heading class="centered">DEPARTMENT OF AGRICULTURE</heading> <appropriations level="intermediate"><heading>Agricultural Research Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, for “Plant and animal disease and pest control”, $2,750,000, to remain available until June 30, 1963: <proviso><i>Provided</i>, That the foregoing amount shall not be available for conduct of any screwworm eradication program that does not require minimum matching by State or local sources of at least 50 per centum of the expenses of production, irradiation, and release of the screw worm flies.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Farmers Home Administration</heading> <appropriations level="small"><heading>Direct loan account</heading> <content>Direct loans and advances not to exceed $10,000,000 may be made from funds available in the Farmers Home Administration direct loan account for operating loans under subtitle B and section 335 (a), for<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/310/315">75 Stat. 310, 315</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1941–1945/1985">7 USC 1941–1945, 1985</ref>.</p></sidenote> which funds are not otherwise available, of the Consolidated Farmers Home Administration Act of 1961.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Forest Service</heading> <appropriations level="small"><heading>forest protection and utilization</heading> <content>For additional amounts for “Forest protection and utilization”, for “Forest land management”, $34,500,000.</content> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF COMMERCE</heading> <appropriations level="intermediate"><heading>Coast and Geodetic Survey</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For an additional amount for “Salariesand expenses”, $200,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Maritime Administration</heading> <appropriations level="small"><heading>operating-differential subsidies (liquidation of contract authorization)</heading> <content>For an additional amount for “Operating-differential subsidies”, $20,000,000, to remain available until expended.</content> </appropriations> </appropriations> <page identifier="/us/stat/76/210">76 <inline class="smallCaps">Stat</inline>. 210</page> <appropriations level="intermediate"><heading>General Administration</heading> <appropriations level="small"><heading>participation in New York World’s fair</heading> <content>For expenses necessary to provide for United States participation in the New York World’s Fair, as authorized by the provisions of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/527">75 Stat. 527</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/2451/2458">22 USC 2451, 2458</ref>.</p></sidenote> the Act of September 21, 1961 (75 Stat. 527), including compensation of a United States Commissioner, who shall be appointed by the President, at the rate of $19,500 per annum, and services as authorized<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810.</ref></p></sidenote> by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), but at rates for individuals not to exceed $75 per diem, $17,000,000, to remain available until expended.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF DEFENSE—CIVIL</heading> <appropriations level="intermediate"><heading>Department of the Army</heading> <appropriations level="small"><heading>corps of engineers—civil</heading> <level> <heading class="centered">Operation and Maintenance, General</heading> <content>For an additional amount for “Operation and maintenance, general”, $3,900,000, to remain available until expended.</content> </level> </appropriations> </appropriations> <appropriations level="intermediate"><heading>United States Soldiers’ Home</heading> <appropriations level="small"><heading>limitation on operation and maintenance and capital outlay</heading> <content>In addition to the amount otherwise available for maintenance and operation of the Soldiers’ Home, $103,000 shall be available from the Soldiers’ Home permanent fund for such purposes during the current fiscal year.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>DISTRICT OF COLUMBIA</heading> <appropriations level="intermediate"><heading>District of Columbia Funds</heading> <appropriations level="small"><heading>operating expenses</heading> <level> <heading class="centered">General Operating Expenses</heading> <content>For an additional amount for “General operating expenses”, $60,000.</content> </level> <level> <heading class="centered">Public Safety</heading> <content>For an additional amount for “Public safety”, $310,000.</content> </level> <level> <heading class="centered">Personal Services, Wage-Board Employees</heading> <content>For an additional amount for “Personal services, wage-board employees”, $94,000.</content> </level> <level> <heading class="centered">Settlement of Claims and Suits</heading> <content>For an additional amount for “Settlement of claims and suits”, $7,347.</content> </level> </appropriations> <appropriations level="small"><heading>division of expenses</heading> <content>The sums appropriated in this Act for the District of Columbia shall, unless otherwise specifically provided for, be paid out of the general fund of the District of Columbia, as defined in the District of Columbia Appropriations Act for the fiscal year involved.</content> </appropriations> </appropriations> </appropriations> <page identifier="/us/stat/76/211">76 <inline class="smallCaps">Stat</inline>. 211</page> <appropriations level="major"><heading>FUNDS APPROPRIATED TO THE PRESIDENT</heading> <appropriations level="intermediate"><heading>Disaster Relief</heading> <content>For an additional amount for “Disaster relief”, $25,000,000, to remain available until expended: <proviso><i>Provided</i>, That not to exceed 3 per centum of the foregoing amount shall be available for administrative expenses.</proviso></content> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE</heading> <appropriations level="intermediate"><heading>Office of Education</heading> <appropriations level="small"><heading>payments to school districts</heading> <content>For an additional amount for “Payments to school districts”, $15,707,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Public Health Service</heading> <appropriations level="small"><heading>grants for waste treatment works construction</heading> <content>For an additional amount for “Grants for waste treatment works construction”, fiscal year 1961, $645,260, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>hospitals and medical care</heading> <content>For an additional amount for “Hospitals and medical care”, for payments for medical care of dependents and retired personnel under the Dependents’ Medical Care Act (35 U.S.C., ch. 7), $174,000. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/250">70 Stat. 250</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t37/s401">37 USC 401 note</ref>.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>General Provision</heading> <content>The amounts made available for fiscal year 1962, for planning or construction of buildings or facilities under the headings “Foreign quarantine activities”, “National Cancer Institute”, “National Heart I nstitute”, and “Allergy and infectious disease activities”, shall remain available until June 30, 1963.</content> </appropriations> </appropriations> <appropriations level="major"><heading>INDEPENDENT OFFICES</heading> <appropriations level="intermediate"><heading>Civil Aeronautics Board</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>In addition to the amount heretofore made available for travel expenses of employees, not to exceed $15,000 shall be available for such expenses from the appropriation to the Civil Aeronautics Board for the current fiscal year for “Salaries and expenses”.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Delaware River Basin Commission</heading> <appropriations level="small"><heading>contribution to delaware river basin commission</heading> <content>For payment of the United States share of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706, 707), $20,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/76/212">76 <inline class="smallCaps">Stat</inline>. 212</page> <appropriations level="intermediate"><heading>General Services Administration</heading> <appropriations level="small"><heading>additional court facilities</heading> <content>For an additional amount for “Additional court facilities”, $2,000,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>operating expenses, public buildings service</heading> <content>For an additional amount for “Operating expenses, Public Buildings Service”, $2,120,000.</content> </appropriations> <appropriations level="small"><heading>acquisition of land and building, chicago, illinois</heading> <content>For an additional amount for “Acquisition of land and building, Chicago, Illinois”, $2,715,000.</content> </appropriations> <appropriations level="small"><heading>general supply fund</heading> <content>To increase the general supply fund established by the Federal Property and Administrative Services Act of 1949, as amended (5<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/382">63 Stat. 382</ref>; <ref href="/us/stat/75/351/802">75 Stat. 351, 802</ref>.</p></sidenote> U.S.C. 630g), $7,500,000.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>HOUSING AND HOME FINANCE AGENCY</heading> <appropriations level="intermediate"><heading>Office of the Administrator</heading> <appropriations level="small"><heading>public works planning fund</heading> <content>For an additional amount for the revolving fund established pursuant to section 702 of the Housing Act of 1954, as amended (40<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/641">69 Stat. 641</ref>; <ref href="/us/stat/75/354">75 Stat. 354</ref>.</p></sidenote> U.S.C. 462), $1,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Interstate Commerce Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>In addition to the amount heretofore made available for travel expenses of employees, not to exceed $70,000 shall be available for such expenses from the appropriation to the Interstate Commerce Commission for the current fiscal year for “Salaries and expenses”.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Aeronautics and Space Administration</heading> <appropriations level="small"><heading>research and development</heading> <content>For an additional amount for “Research and development”, $82,500,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>construction of facilities</heading> <content>For an additional amount for “Construction of facilities”, $71,000,000, to remain available until expended: <proviso><i>Provided</i>, That this paragraph shall be effective only upon enactment of authorizing legislation into law to cover such amount.</proviso></content> </appropriations> </appropriations> <page identifier="/us/stat/76/213">76 <inline class="smallCaps">Stat</inline>. 213</page> <appropriations level="intermediate"><heading>Securities and Exchange Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>In addition to the amount heretofore made available for travel expenses of employees, not to exceed $64,000 shall be available for such expenses from the appropriation to the Securities and Exchange Commission for the current fiscal year for “Salaries and expenses”.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Small Business Administration</heading> <appropriations level="small"><heading>revolving fund</heading> <content>For additional capital for the revolving fund authorized by the Small Business Act of 1953, as amended, to lie available without fiscal<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/385/690">72 Stat. 385, 690</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s633">15 USC 633</ref>.</p></sidenote> year limitations, $40,000,000, of which not less than $15,000,000 shall be available for disaster loans.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Tax Court of the United States</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>The sum of $20,000 shall be available to the “Tax Court judges survivors annuity fund” from the appropriation to the Tax Court of the United States for “Salaries and expenses”, fiscal year 1962.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Veterans Administration</heading> <appropriations level="small"><heading>medical care</heading> <content>For an additional amount for “Medical care”, $2,200,000.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"><heading>Bureau of Land Management</heading> <appropriations level="small"><heading>management of lands and resources</heading> <content>For an additional amount for “Management of lands and resources”, $825,000.</content> </appropriations> <appropriations level="small"><heading>construction</heading> <content>For an additional amount for “Construction”, $200,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Park Service</heading> <appropriations level="small"><heading>management and protection</heading> <content>For an additional amount for “Management and protection”, $775,000.</content> </appropriations> </appropriations> <appropriations level="small"><heading>maintenance and rehabilitation of physical facilities</heading> <content>For an additional amount for “Maintenance and rehabilitation of physical facilities”, $225,000.</content> </appropriations> <appropriations level="small"><heading>construction</heading> <content>For an additional amount for “Construction”, $1,250,000.</content> </appropriations> <page identifier="/us/stat/76/214">76 <inline class="smallCaps">Stat</inline>. 214</page> <appropriations level="intermediate"><heading>Bureau of Indian Affairs</heading> <appropriations level="small"><heading>resources management</heading> <content>For an additional amount for “Resources management”, $720,000.</content> </appropriations> <appropriations level="small"><heading>menominee educational grants</heading> <content>For grants to the State of Wisconsin or the County or Town of Menominee for school district costs, as authorized by the Act of April<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 53.</p></sidenote> 4, 1962 (P.L. 87–432), $220,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of Minerals Exploration</heading> <appropriations level="small"><heading>lead and zinc stabilization program</heading> <content>For necessary expenses to carry out a lead and zinc mining stabilization program, including payments to producers, as authorized by the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s681–689">30 USC 681–689</ref>.</p></sidenote> Act of October 3, 1961 (75 Stat. 766), $4,690,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Fish and Wildlife Service</heading> <appropriations level="small"><heading>bureau of sport fisheries and wildlife</heading> <level> <heading class="centered">Construction</heading> <content>For an additional amount for “Construction”, $1,800,000, to remain available until expended.</content> </level> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>THE JUDICIARY</heading> <appropriations level="intermediate"><heading>Supreme Court of the United States</heading> <appropriations level="small"><heading>printing and binding supreme court reports</heading> <content>For an additional amount for “Printing and binding Supreme Court reports”, $13,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Courts of Appeal, District Courts, and Other Judicial Services</heading> <appropriations level="small"><heading>fees of jurors and commissioner</heading> <content>For an additional amount for “Fees of jurors and commissioners”, $300,000.</content> </appropriations> <appropriations level="small"><heading>travel and miscellaneous expenses</heading> <content>For an additional amount for “Travel and miscellaneous expenses”, $110,000: <proviso><i>Provided</i>, That no part of the foregoing amount may be used for payment of actual expenses of subsistence in excess of $25 per diem.</proviso></content> </appropriations> <appropriations level="small"><heading>expenses of referees</heading> <content>For an additional amount for “Expenses of referees”, $100,000.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF JUSTICE</heading> <appropriations level="intermediate"><heading>Legal Activities and General Administration</heading> <appropriations level="small"><heading>salaries and expenses, united states attorneys and marshals</heading> <content>For an additional amount for “Salaries and expenses, United States attorneys and marshals”, $100,000.</content> </appropriations> <page identifier="/us/stat/76/215">76 <inline class="smallCaps">Stat</inline>. 215</page> <appropriations level="small"><heading>fees and expenses of witnesses</heading> <content>For an additional amount for “Fees and expenses of witnesses”, $400,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Prison System</heading> <appropriations level="small"><heading>salaries and expenses, bureau of prisons</heading> <content>For an additional amount for “Salaries and expenses, Bureau of Prisons”, $176,000.</content> </appropriations> <appropriations level="small"><heading>buildings and facilities</heading> <content>For an additional amount for “Buildings and facilities”, $300,000.</content> </appropriations> <appropriations level="small"><heading>support of united states prisoners</heading> <content>For an additional amount for “Support of United States prisoners”, $800,000.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>LEGISLATIVE BRANCH</heading> <appropriations level="intermediate"><heading>Senate</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">For payment to Doloris T. Bridges, widow of Henry Styles Bridges, late a Senator from the State of New Hampshire, $22,500.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">For payment to Marie T. Schoeppel, widow of Andrew F. Schoeppel, late a Senator from the State of Kansas, $22,500.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">For payment to MyrleG. Case, widow of Francis Case, late a Senator from the State of South Dakota, $22,500.</listContent></listItem> </list> </content> </appropriations> <appropriations level="intermediate"><heading>Salaries, Officers and Employees</heading> <appropriations level="small"><heading>administrative and clerical assistance to senators</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">The basic clerk hire allowance of each Senator is hereby increased by $3,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">The clerk hire allowances of the Senators from the States of New York and Virginia are hereby increased so that the allowances of the Senators from the State of New York will be equal to that allowed Senators from States having a population of over seventeen million, the population of said State having exceeded seventeen million inhabitants, and so that allowances of Senators from the State of Virginia will lie equal to that allowed Senators from States having a population of four million, the population of said State having exceeded four million inhabitants.</listContent></listItem> </list> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Contingent Expenses of the Senate</heading> <appropriations level="small"><heading>miscellaneous items</heading> <content>For an additional amount for “Miscellaneous items”, $286,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>House of Representatives</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">For payment to Stella M. Rabaut. widow of Louis C. Rabaut, late a Representative from the State of Michigan, $22,500.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">For payment to the Estate of Sam Rayburn, late a Representative from the State of Texas and Speaker of the House of Representatives, $35,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">For payment to Corrinne B. Riley, widow of John J. Riley, late a Representative from the State of South Carolina, $22,500. <page identifier="/us/stat/76/216">76 <inline class="smallCaps">Stat</inline>. 216</page> </listContent></listItem> </list> </content> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF STATE</heading> <appropriations level="intermediate"><heading>Administration of Foreign Affairs</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $2,500,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>International Organizations and Conferences</heading> <appropriations level="small"><heading>contributions to international organizations</heading> <content>For an additional amount for “Contributions to international organizations”, $25,616,000.</content> </appropriations> <appropriations level="small"><heading>claims and judgments</heading> <content>For payment of claims as settled and determined by departments in accord with law and judgments rendered against the United States by the United States Court of Claims and United States district courts, as set forth in Senate Document Numbered 84, Eighty-seventh Congress, $1,065,929, together with such amounts as may be necessary to nay interest (as and when specified in such judgments or provided by law) and such additional sums due to increases in rates of exchange as may be necessary to pay claims in foreign currency: <proviso><i>Provided</i>, That no judgment herein appropriated for shall be paid until it shall have become final and conclusive against the United States by failure of the parties to appeal or otherwise:</proviso> <proviso><i>Provided further</i>, That, unless otherwise specifically required by law or by the judgment, payment of interest whenever appropriated for herein shall not continue for more than thirty days alter the date of approval of this Act.</proviso></content> </appropriations> </appropriations> </appropriations> Approved July 25, 1962.
Public Law 87–546: To amend chapter 35 of title 38, United States Code, relating to war orphans’ educational assistance, in order to permit eligible persons thereunder to attend foreign educational institutions under certain circumstances. Public Law 546 Public Law 87–546 76 Stat. 216 1962-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–546
AN ACT To amend chapter 35 of title 38, United States Code, relating to war orphans’ educational assistance, in order to permit eligible persons thereunder to attend foreign educational institutions under certain circumstances.

July 25, 1962

[H. R. 1811]

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

Veterans.

War orphans’ educational assistance.

72 Stat. 1196.
That section 1723(c) of title 38, United States Code, is amended by adding at the end thereof the following new sentence: “Notwithstanding the first sentence of this subsection, enrollment in a foreign educational institution may be approved by the Administrator in the case of any eligible person, if (1) the subjects to be taken by such person at such foreign educational institution are an integral part of and are fully creditable toward the satisfactory completion of an approved course in which such person is enrolled in an institution of higher learning (hereafter in this sentence referred to as his ‘principal institution’) which is located in a State or in the Republic of the Philippines, (2) the tuition and fees for attendance at such foreign educational institution are paid for by the principal institution, and (3) the principal institution agrees to assume the responsibility for submitting to the Veterans’ Administration required enrollment certificates and monthly certifications of training as to attendance, conduct, and progress.”
Approved July 25, 1962.
Public Law 87–547: To authorize establishment of the Theodore Roosevelt Birthplace and Sagamore Hill National Historic Sites, New York, and for other purposes. Public Law 547 Public Law 87–547 76 Stat. 217 1962-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 217 Public Law 87–547
AN ACT To authorize establishment of the Theodore Roosevelt Birthplace and Sagamore Hill National Historic Sites, New York, and for other purposes.

July 25, 1962

[H. R. 8484]

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

Theodore Roosevelt Birthplace and Sagamore Hill National Historic Sites, N. Y.

Establishment authorization.

 preserve in public ownership historically significant properties associated with the life of Theodore Roosevelt, the Secretary of the Interior may acquire, by donation from the Theodore Roosevelt Association, the sites and structures known as the Theodore Roosevelt House situated at Twenty-eight and Twenty-six East Twentieth Street, New York City, consisting of approximately eleven one-hundredths of an acre, and Sagamore Hill, consisting of not to exceed ninety acres at Cove Neck, Oyster Bay, Long Island, and the improvements thereon, together with the furnishings and other contents of the structures.
Sec. 2. (a) In accordance with the Act entitled “An Act to create a

Acceptance of funds.

 National Park Trust Fund Board, and for other purposes”, approved July 10, 1935 (49 Stat. 477), as amended, the National Park Trust

16 USC 19–19c.

 Fund Board may accept from the Theodore Roosevelt Association $500,000 and such additional amounts as the association may tender from time to time from the endowment fund under its control, which funds, when accepted, shall be utilized only for the purposes of the historic sites established pursuant to this Act. (b) Nothing in this Act shall limit the authority of the Secretary of the Interior under other provisions of law to accept in the name of the United States donations of property.
Sec. 3. When lands, interests in lands, improvements, and other

Transfer of property, etc.

 properties comprising the Theodore Roosevelt Birthplace and Sagamore Hill, as authorized for acquisition by section 1 of this Act, and a portion of the endowment fund in the amount of $500,000 have been transferred to the United States, the Secretary of the Interior shall establish the Theodore Roosevelt Birthplace and Sagamore Hill National Historic Sites by publication of notice thereof in the Federal Register.

Publication in F. R.

Development, etc.
Sec. 4. The Secretary of the Interior shall administer, protect, and develop the Theodore Roosevelt Birthplace and Sagamore Hill National Historic Sites in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 and the following), as amended and supplemented.
Sec. 5. The Theodore Roosevelt Association, having by its patriotic

Advisory committees.

Establishment.

 and active interest preserved for posterity these important historic sites, buildings, and objects, shall, upon establishment of the Theodore Roosevelt Birthplace and Sagamore Hill National Historic Sites be consulted by the Secretary of the Interior in the establishment of an advisory committee or committees for matters relating to the preservation, development, and management of the Theodore Roosevelt Birthplace and Sagamore Hill National Historic Sites.
Sec. 6. The Act entitled “An Act to incorporate the Roosevelt Memorial Association”, approved May 31, 1920 (41 Stat. 691), as amended by the Act approved on May 21, 1953 (67 Stat. 27), which changed the name of such corporation to the Theodore Roosevelt Association, and by the Act approved on March 29, 1956 (70 Stat. 60), which permitted such corporation to consolidate with Women’s Theodore Roosevelt Association, Incorporated, is hereby further amended by adding to section 3 thereof a new subdivision as follows: 76 Stat. 218 “(4)

Donation of property.

 The donation of real and personal property, including part or all of its endowment fund, to a public agency or public agencies for the purpose of preserving in public ownership historically significant properties associated with the life of Theodore Roosevelt.” and by deleting the word “and” at the end of subdivision (2) of section 3.
Approved July 25, 1962.
Public Law 87–548: To facilitate the sale and disposal of Government stocks of extra long staple cotton. Public Law 548 Public Law 87–548 76 Stat. 218 1962-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–548
AN ACT To facilitate the sale and disposal of Government stocks of extra long staple cotton.

July 25, 1962

[H. R. 10595]

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

Cotton.

Government stocks, sale and disposal.

60 Stat. 596.

That, notwithstanding any other provision of law, all extra long staple cotton remaining in the stockpile established pursuant to the Strategic and Critical Materials Stock Piling Act, as amended (50 U.S.C. 98), shall be withdrawn and transferred or made available to the Commodity Credit Corporation for disposition as provided herein. The domestically grown cotton in the stockpile shall be transferred to the Commodity Credit Corporation and shall be sold only for unrestricted use at not less than the prices at which the Commodity Credit Corporation may sell its stocks under the minimum pricing provisions of section

63 Stat. 1055; 72 Stat. 993.

7 USC 1427.

407 of the Agricultural Act of 1949, as amended. Such domestically grown cotton shall be excluded in making any determination witn respect to national marketing quotas under the Agricultural Adjustment

52 Stat. 31.

7 USC 1281.

 Act of 1938, as amended, until after it is sold by Commodity Credit Corporation. The foreign-grown cotton in the stockpile shall be transferred to the Commodity Credit Corporation. Any foreign-grown cotton transferred hereunder to the Commodity Credit Corporation shall be sold or disposed of only for export at not less than (he world market price, as determined by the Secretary of Agriculture. In administering sales or disposals of the foreign-grown cotton, the Secretary of Agriculture shall periodically determine and announce quotas for disposals by commercial sales and for disposals through the Agricultural Trade Development and Assistance Act of 1954, as

68 Stat. 454.

7 USC 1691 note.

 amended. Such foreign-grown cotton shall be excluded in making any determination with respect to national marketing quotas under the Agricultural Adjustment Act of 1938, as amended, and shall be considered as domestically grown surplus cotton for purposes of sale or disposal under the provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended, and shall be eligible for sale or disposal thereunder in accordance with the provisions of this Act.

Proceeds from such sales and dispositions, less costs incurred by Commodity Credit Corporation, including administrative expense, as determined by the Secretary of Agriculture, shall be covered into the Treasury of the United States as miscellaneous receipts.
Approved July 25, 1962.
Public Law 87–549: To amend section 742 of title 38, United States Code, to permit the exchange of five-year term policies of United States Government life insurance to a special endowment at age ninety-six plan. Public Law 549 Public Law 87–549 76 Stat. 219 1962-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 219 Public Law 87–549
AN ACT To amend section 742 of title 38, United States Code, to permit the exchange of five-year term policies of United States Government life insurance to a special endowment at age ninety-six plan.

July 25, 1962

[H. R. 10068]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 742 of

Veterans.

U. S. Government life Insurance, endowment policies.

72 Stat. 1158.

 title 38, United States Code, is amended (1) by inserting “(a)” immediately before “Regulations”; and (2) by adding at the end thereof the following: “(b) An insured who on or after his sixty-fifth birthday has a five-year level premium term policy of insurance in force by payment of premiums may exchange such policy for insurance on a special endowment at age ninety-six plan upon written application; payment of the required premium; anti surrender of the five-year level premium term policy and any total disability provision attached thereto with all rights, title, and interests thereunder. However, if it is found by the Administrator subsequent to the exchange that prior thereto the term policy matured because of total permanent disability of the insured or that he was entitled to total disability benefits under the total disability provision attached to such policy, the insured, upon surrender of the special endowment at age ninety-six policy and any provision for waiver of premiums issued under subsection (c) of this section with all rights, title, and interest thereunder, will be entitled to benefits payable under the prior contract. In such case, the cash value less any indebtedness on the endowment policy shall lie refunded together with any premiums paid on a provision for waiver of premiums. Insurance on the special endowment at age ninety-six plan shall be issued at the attained age of the insured upon the same terms and conditions as are contained in standard policies of United States Government Life Insurance except: “(1) the insurance shall not mature and no benefits shall be

Exceptions.

 paid thereunder because of total permanent disability; “(2) the premiums for such insurance shall be as prescribed by the Administrator; “(3) such insurance cannot be exchanged, converted, or reconverted to any other plan of insurance; “(4) all cash, loan, paid-up, and extended term insurance values shall be as prescribed by the Administrator; and “(5) the insurance shall be subject to such other changes in terms and conditions as the Administrator determines to be reasonable and practicable. “(c) The Administrator shall, upon application made by the insured

Waiver of premiums.

 at the same time as he exchanges his term policy for an endowment policy issued under the provisions of subsection (b) of this section, and upon payment of such extra premium as the Administrator shall prescribe, include in such endowment policy a provision for waiver of premiums on the policy and on the provision during the total permanent disability or the insured, if such disability began after the date of such application and while the policy and the provision are in force by payment of premiums. The Administrator shall not grant waiver or any premium becoming due more than one year before receipt in the Veterans’ Administration of claim for the same, except as provided in this subsection. Any premiums paid for months during which waiver is effective shall be refunded. The Administrator shall provide by regulations for examination or reexamination of an insured claiming waiver of premiums under this subsection, and may deny waiver for failure to cooperate. If it is found that an insured76 Stat. 220 is no longer totally and permanently disabled, the waiver of premiums shall cease as of the date of such finding and the policy and provision may be continued by payment of premiums as provided therein. In any case in which the Administrator finds that the insured’s failure to make timely claim for waiver of premiums, or his failure to submit satisfactory evidence of the existence or continuance of total permanent disability was due to circumstances beyond his control, the Administrator may grant waiver or continuance of waiver of premiums. If the insured dies without filing claim for waiver, the beneficiary, within one year after the death of the insured, or, if the beneficiary is insane or a minor, within one year after removal of such legal disability, may file claim for waiver with evidence of the insured’s right to waiver under this subsection. Policies containing a provision for waiver of premiums issued under this subsection may be separately classified for the purpose of dividend distribution from otherwise similar policies not containing such provision.”
Approved July 25, 1962.
Public Law 87–550: To amend the Small Business Act. Public Law 550 Public Law 87–550 76 Stat. 220 1962-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–550
AN ACT To amend the Small Business Act.

July 25, 1962

[S. 2970]

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

Small Business Act, amendment.

75 Stat. 666.

15 USC 633.
That (a) subsection (c) of section 4 of the Small Business Act is amended to read as follows: “(c) There is hereby established in the Treasury a revolving fund, referred to in this section as ‘the fund’, for the Administration’s use in financing the functions performed under sections 7(a), 7(b), and

72 Stat. 387, 389, 689.

15 USC 636, 637, 661 note.

 8(a) and under the Small Business Investment Act of 1958, including the payment of administrative expenses in connection with such functions. All repayments of loans and debentures, payments of interest, and other receipts arising out of transactions financed from the fund shall be paid into the fund. As capital thereof, appropriations not to exceed $1,666,000,000 are hereby authorized to be made to the fund, which appropriations shall remain available until expended. Not to exceed an aggregate of $1,325,000,000 shall be outstanding at any one time for the purposes enumerated in the following sections of this

15 USC 636.

15 USC 637.

 Act: 7(a) (relating to regular business loans), 7(b) (relating to disaster loans), and 8(a) (relating to prime contract authority): Provided, That the Administration shall report promptly to the Committees on Appropriations and the Committees on Banking and Currency of the Senate and House of Representatives whenever (1) the aggregate amount outstanding for the purposes enumerated in sections 7(a) and 8(a) exceeds $1,222,000,000, or (2) the aggregate amount, outstanding for the purpose enumerated in section 7(b) exceeds $103,000,000. Not to exceed an aggregate of $341,000,(XX) shall be outstanding from the fund at any one time for the exercise of the functions of the Administration under the Small Business Investment Act of 1958. The Administration shall pay into miscellaneous receipts of the Treasury, following the close of each fiscal year, interest on the outstanding cash disbursements from the fund, at rates determined by the Secretary of the Treasury, taking into consideration the current average yields on outstanding interest-bearing marketable public debt obligations of the United States of comparable maturities as calculated for the month of June preceding such fiscal year.” 76 Stat. 221 (b) It is the sense of the Congress that the regular business loan

Review by Congress.

 program of the Small Business Administration should be reviewed by the Congress at least once every two years. It is further the sense of the Congress that the Small Business Administration should submit its estimated needs for additional authorization for such program to the Congress at least one year in advance of the date on which such authorization is to be provided, in order to assure an orderly and recurring review of such program and to avoid emergency appeals for additional authorization. Compliance by the Small Business Administration with the foregoing policy will enable the Congress hereafter to provide additional authorization for such program on a two-year basis.
Sec. 2. (a) The Small Business Administration is empowered to make loans (either directly or in cooperation with banks or other lenders through agreements to participate on an immediate or deferred basis) to assist any firm to adjust to changed economic conditions resulting from increased competition from imported articles, but only if (1) an adjustment proposal of such firm has been certified by the Secretary of Commerce pursuant to the Trade Expansion Act of 1962, (2) the Secretary has referred such proposal to the Administration under that Act and the loan would provide part or all of the financial assistance necessary to carry out such proposal, and (3) the Secretary’s certification is in force at the time the Administration makes the loan. (b) The Small Business Administration’s authority to make loans under this section shall be in addition to and separate from its authority to make loans under the Small Business Act. With respect to

15 USC 631 note.

 loans made under this section the Administration shall apply the provisions of sections 314, 315, 316, 318, 319, and 320 of the Trade Expansion Act of 1962 as though such loans had been made under section 314 of that Act. (c) There are hereby authorized to be appropriated, without fiscal year limitation, such sums as may be necessary to carry out this section. (d) This section shall take effect on such date (on or after the enactment

Effective date.

Proclamation, publication in F. R.

 of the Trade Expansion Act of 1962) as the President may specify in a proclamation duly published in the Federal Register but in no case later than 60 days after the date of the enactment of such Act.
Approved July 25, 1962.
Public Law 87–551: To waive section 142, title 2S, United States Code, with respect to the United States District Court for the District of Connecticut for holding court at Bridgeport. Public Law 551 Public Law 87–551 76 Stat. 221 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–551
AN ACT To waive section 142, title 2S, United States Code, with respect to the United States District Court for the District of Connecticut for holding court at Bridgeport.

July 27, 1962

[H. R. 9844]

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

Connecticut.

U. S. District Court.

62 Stat. 898.

 and restrictions contained in section 142, title 28, United States Code, shall be waived with respect to the holding of court at Bridgeport, Connecticut, by the United States District Court for the District of Connecticut.
Approved July 27, 1962.
Public Law 87–552: Authorizing the acquisition of certain property in the District of Columbia and its conveyance to the International Monetary Fund, on a full reimbursement basis, for use in expansion of its headquarters. Public Law 552 Public Law 87–552 76 Stat. 222 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 222 Public Law 87–552
JOINT RESOLUTION Authorizing the acquisition of certain property in the District of Columbia and its conveyance to the International Monetary Fund, on a full reimbursement basis, for use in expansion of its headquarters.

July 27, 1962

[H. J. Res. 714]

 Whereas it is in the interest of the Government of the United States to promote international monetary cooperation; and Whereas in furtherance of that interest the United States, under authority of the Bretton Woods Agreements Act (59 Stat. 512, as

22 USC 286 note.

 amended), became an original member of the International Monetary Fund (hereinafter referred to as the “Fund”) which serves as a permanent institution providing the machinery for consultation and collaboration on international monetary problems; and Whereas the principal office of the Fund has been established in Washington, District of Columbia, in fulfillment of the requirements in the articles of agreement of the Fund that the site of its principal office shall be located in the territory of the member country having the largest quota in the Fund; and Whereas the present principal office of the Fund has become inadequate as the result of the increased membership and activities of the Fund;and Whereas it is to the advantage of the Government of the United States to assist the Fund to acquire, with the resources of the Fund, an adjacent site for the expansion of the Fund’s headquarters: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

International Monetary Fund.

Conveyance of certain property in D. C.
That the Administrator of General Services is hereby authorized, on the basis of full reimbursement by the International Monetary Fund, (1) to acquire, by purchase, condemnation, or otherwise, the land in the northwest section of the District of Columbia known as lots I and R in square 141, together with any buildings and improvements thereon, and (2) to convey the property so acquired to the International Monetary Fund for use in expanding the principal office of the Fund.
Approved July 27, 1962.
Public Law 87–553: To waive section 142, of title 28, United States Code, with respect to the United States District Court for the Eastern District of Tennessee holding court at Winchester, Tennessee. Public Law 553 Public Law 87–553 76 Stat. 222 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–553
AN ACT To waive section 142, of title 28, United States Code, with respect to the United States District Court for the Eastern District of Tennessee holding court at Winchester, Tennessee.

July 27, 1962

[H. R. 10012]

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

Tennessee.

U. S. District Court.

62 Stat. 898.
That the limitations and restrictions contained in section 142, title 28, of the United States Code, shall be waived insofar as pertains to holding court by the United States District Court for the Eastern District of Tennessee at Winchester, Tennessee.
Approved July 27, 1962.
Public Law 87–554: To authorize certain construction at military installations, and for other purposes. Public Law 554 Public Law 87–554 76 Stat. 223 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 223 Public Law 87–554
AN ACT To authorize certain construction at military installations, and for other purposes.

July 27, 1962

[H. R. 11131]

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

Armed Forces.

Military construction, authorization.

 <num value="I">TITLE I</num> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">The Secretary of the Army may establish or develop<sidenote><p class="firstIndent1 fontsize8">Army.</p></sidenote> military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including site preparation, appurtenances, utilities, and equipment, for the following projects:</content> </section> <appropriations level="intermediate"><heading>Inside the United States</heading> <appropriations level="small"><heading>continental army command</heading> <level> <heading class="smallCaps centered">(First Army)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Fort Devens, Massachusetts: Supply facilities and troop housing, $1,575,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Dix, New Jersey: Operational and training facilities, troop housing and community facilities, and utilities, $11,095,000.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(Second Army)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Carlisle Barracks, Pennsylvania: Community facilities, $490,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Knox, Kentucky: Operational and training facilities, maintenance facilities, medical facilities, and community facilities, $5,240,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Meade, Maryland: Maintenance facilities and troop housing, $1,473,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Ritchie, Maryland: Medical facilities, troop housing and community facilities, $2,032,000.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(Third Army)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Fort Benning, Georgia: Operational and training facilities, maintenance facilities, supply facilities, medical facilities, administrative facilities, troop housing and community facilities, utilities and ground improvements, $3,764,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Bragg, North Carolina: Operational and training facilities, maintenance facilities, administrative facilities and utilities, $4,343,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Campbell, Kentucky: Supply facilities and utilities, $1,989,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort McClellan, Alabama: Training facilities and troop housing, $1,352,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Rucker, Alabama: Operational and training facilities, and troop housing, $3,772,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Stewart, Georgia: Ground improvements, $231,000.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(Fourth Army)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Fort Bliss, Texas: Operational facilities, maintenance facilities, research, development and test facilities, supply facilities, administrative facilities and troop housing, $2,503,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Hood, Texas: Maintenance facilities, hospital and medical facilities, and ground improvements, $7,657,000. <page identifier="/us/stat/76/224">76 <inline class="smallCaps">Stat</inline>. 224</page> </listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Sam Houston, Texas: Utilities, $426,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Sill, Oklahoma: Operational facilities, maintenance facilities, supply facilities, administrative facilities and troop housing, $6,675,000.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(Fifth Army)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Fort Benjamin Harrison, Indiana: Troop housing, $1,260,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Leaven worth, Kansas: Utilities, $103,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Riley, Kansas: Operational facilities, $444,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Leonard Wood, Missouri: Maintenance facilities, supply facilities, medical facilities, administrative facilities, troop housing and community facilities, and utilities, $8,567,000.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(Sixth Army)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Hunter-Liggett Military Reservation, California: Troop housing, $159,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Irwin, California: Community facilities and utilities, $653,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Lewis, Washington: Operational facilities, maintenance facilities, supply facilities, and community facilities, $4,627,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Ord, California: Operational facilities, maintenance facilities, medical facilities, utilities and ground improvements, $3,108,000.</listContent></listItem> </list> </content> </level> </appropriations> <appropriations level="small"><heading>technical services facilities</heading> <level> <heading class="centered">(Chemical Corps)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Army Chemical Center, Maryland: Research, development and test facilities, and utilities, $920,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Dugway Proving Ground, Utah: Hospital and medical facilities, and utilities, $1,109,000.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(Corps of Engineers)</heading> <content>Fort Belvoir, Virginia: Training facilities, maintenance facilities, research, development and test facilities, and utilities, $2,000,000.</content> </level> <level> <heading class="centered">(Ordnance Corps)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Aberdeen Proving Ground, Maryland: Research, development and test facilities, $318.000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Letterkenny Ordnance Depot, Pennsylvania: Administrative facilities, $411,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Redstone Arsenal, Alabama: Administrative facilities, $272,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Rock Island Arsenal, Illinois: Administrative facilities, $380,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">White Sands Missile Range, New Mexico: Research, development and test facilities, and hospital and medical facilities, $7,934,000.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(Quartermaster Corps)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Fort Lee, Virginia: Community facilities and utilities, $199,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Utah General Depot, Utah: Maintenance facilities, $145,000.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(Signal Corps)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Army Radio Receiving Station, La Plata, Maryland: Utilities, $175,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Huachuca, Arizona: Research, development and test facilities, $452,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Monmouth, New Jersey: Troop housing facilities, $920,000. <page identifier="/us/stat/76/225">76 <inline class="smallCaps">Stat</inline>. 225</page> </listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">West Coast Relay Transmitter Station, California: Troop housing, $203,000.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(Medical Service)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">William Beaumont General Hospital, Texas: Troop housing, $202,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Brooke Army Medical Center, Texas: Hospital and medical facilities, $834,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fitzsimons General Hospital, Colorado: Hospital and medical facilities and troop housing, $1,177,000.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(Transportation Corps)</heading> <content>Fort Eustis, Virginia: Medical facilities, $351,000.</content> </level> </appropriations> <appropriations level="small"><heading>united states military academy</heading> <content>United States Military Academy, West Point, New York: Maintenance facilities and community facilities, $1,973,000.</content> </appropriations> <appropriations level="small"><heading>army component commands</heading> <level> <heading class="centered">(United States Army Air Defense Command)</heading> <content>Various locations: Operational facilities, supply facilities, administrative facilities, troop housing and utilities, $7,729,000.</content> </level> <level> <heading class="centered">(Alaska Command Area)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Wildwood Station, Alaska: Utilities, $55,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Eielson Air Force Base, Alaska: Operational facilities, $289,000.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(Pacific Command Area)</heading> <content>Various locations, Hawaii: Operational facilities and utilities, $157,000.</content> </level> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Outside the United States</heading> <level> <heading class="centered">(Army Security Agency)</heading> <content>Various locations: Operational facilities, supply facilities, troop housing and utilities, $4,684,000.</content> </level> </appropriations> <appropriations level="small"><heading>army component commands</heading> <level> <heading class="centered">(Pacific Command Area)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Korea: Operational facilities, maintenance facilities, supply facilities, administrative facilities, troop housing, utilities and ground improvements, $11,932,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Buckner, Okinawa: Maintenance facilities, supply facilities and utilities, $2,775,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Various locations: Utilities, $190,000.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(European Command Area)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">France: Operational facilities, supply facilities and utilities, $4,655,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Germany: Operational facilities, maintenance facilities, supply facilities, utilities and ground improvements, $1,176,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Classified locations: Operational facilities, administrative facilities, troop housing and utilities, $3,705,000.</listContent></listItem> </list> </content> </level> <page identifier="/us/stat/76/226">76 <inline class="smallCaps">Stat</inline>. 226</page> <level> <heading class="centered">(Caribbean Command Area)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Fort Allen, Puerto Rico: Medical facilities and troop housing, $171,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Clayton, Canal Zone: Operational facilities, $411,000.</listContent></listItem> </list> </content> </level> </appropriations> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><sidenote><p class="firstIndent1 fontsize8">Classified Installations and facilities.</p></sidenote> <content class="inline">The Secretary of the Army may establish or develop classified military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment in the total amount of $2,000,000.</content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><sidenote><p class="firstIndent1 fontsize8">Construction for unforeseen requirements.</p></sidenote> <content class="inline">The Secretary of the Army may establish or develop Army installations and facilities by proceeding with construction made necessary by changes in Army missions and responsibilities which have been occasioned by: (a) unforeseen security considerations, (b) new weapons developments, (c) new and unforeseen research and development requirements, or (d) improved production schedules, if the Secretary of Defense determines that deferral of such construction for inclusion in the next military construction authorization Act would be inconsistent with interests of national security, and in connection therewith to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, in the total<sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> amount of $15,000,000: <proviso><i>Provided</i>, That the Secretary of the Army, or his designee, shall notify the Committees on Armed Services of the Senate and House of Representatives, immediately upon reaching a final decision to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto. This authorization will expire as of September 30, 1963, except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to that date.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Public Law 85–685, as amended, is amended under<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/636">72 Stat. 636</ref>.</p></sidenote> heading “Inside the United States” in section 101, as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Under the subheading “technical services facilities (Corps of Engineers)” with respect to Army Map Service, Maryland, strike out “<quotedText>$1,913,000</quotedText>” and insert in place thereof “<quotedText>$2,162,000</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Public Law 85–685, as amended, is amended by striking out<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/99">75 Stat. 99</ref>.</p></sidenote> in clause (1) of section 502, “<quotedText>$110,797,000</quotedText>” and “<quotedText>$310,707,000</quotedText>” and inserting in place thereof “<quotedText>$111,046,000</quotedText>” and “<quotedText>$310,956,000</quotedText>”, respectively.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau>Public Law 86–500, as amended, is amended under<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/166">74 Stat. 166</ref>.</p></sidenote> heading “Inside the United States” in section 101, as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Under the subheading “technical services facilities (Chemical Corps)”, with respect to Dugway Proving Ground, Utah, strike out “<quotedText>$87,000</quotedText>” and insert in place thereof “<quotedText>$123,000</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Under the subheading “technical services facilities (Quartermaster Corps)”, with respect to Sharpe General Depot, California, strike out “<quotedText>$218,000</quotedText>” and insert in place thereof “<quotedText>$248,000</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Under the subheading “Continental Army Command (Fifth Army)”, with respect to Fort Riley, Kansas, strike out “<quotedText>$1,332,000</quotedText>” and insert in place thereof “<quotedText>$1,490,000</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Public Law 86–500, as amended, is amended by striking out in<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/99">75 Stat. 99</ref>.</p></sidenote> clause (1) of section 502, “<quotedText>$79,275,000</quotedText>” and “<quotedText>$146,205,000</quotedText>” and inserting in place thereof “<quotedText>$79,499,000</quotedText>” and “<quotedText>$146,429,000</quotedText>”, respectively.</content> </subsection> </section> 76 Stat. 227 <num value="II">TITLE II</num> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">The Secretary of the Navy may establish or develop military<sidenote><p class="firstIndent1 fontsize8">Navy.</p></sidenote> installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including site preparation, appurtenances, utilities, and equipment for the following projects:</content> </section> <appropriations level="intermediate"><heading>Inside the United States</heading> <appropriations level="small"><heading>shipyard facilities</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Naval Shipyard, Boston, Massachusetts: Troop housing, $80,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Shipyard, Bremerton, Washington: Maintenance facilities, $651,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Shipyard, Charleston, South Carolina: Operational facilities, and utilities, $499,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Shipyard, Mare Island, California: Maintenance facilities, $702,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Facility, Nantucket, Massachusetts: Operational facilities, troop housing, and utilities, $1,139,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Submarine Base, New London, Connecticut: Supply facilities, and troop housing, $2,618,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Shipyard, Norfolk, Virginia: Maintenance facilities, and utilities, $2,304,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Submarine Base, Pearl Harbor, Oahu, Hawaii: Operational facilities, $462,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Shipyard, Portsmouth, New Hampshire: Maintenance facilities, and troop housing, $899,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Repair Facility, San Diego, California: Maintenance facilities, $477,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Radiological Defense Laboratory, San Francisco, California: Research, development and test facilities, $2,534,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"><heading>fleet base facilities</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Naval Station, Charleston, South Carolina: Operational facilities, administrative facilities, community facilities, and utilities, $4,320,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Station, Key West, Florida: Troop housing, $563,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Station, Mayport, Florida: Troop housing, $765,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Station, Norfolk, Virginia: Operational facilities, and real estate, $3,333,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"><heading>naval weapons facilities</heading> <level> <heading class="centered">(Naval Air Training Stations)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Naval Auxiliary Air Station, Kingsville, Texas: Maintenance facilities, $70,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Memphis, Tennessee: Training facilities, $1,975,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Auxiliary Air Station, Meridian, Mississippi: Community facilities, $274,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Pensacola, Florida: Administrative facilities, $130,000.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(Field Support Stations)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Naval Station, Adak, Alaska: Troop housing, $1,791,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Alameda, California: Operational facilities, $667,000.<page identifier="/us/stat/76/228">76 <inline class="smallCaps">Stat</inline>. 228</page></listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Cecil Field, Florida: Utilities, $490,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Jacksonville, Florida: Administrative facilities, $130,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Key West, Florida: Troop housing, $2,516,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Station, Kodiak, Alaska: Operational facilities, $91,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Lemoore, California: Community facilities, $1,021,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Norfolk, Virginia: Maintenance facilities, and administrative facilities, $261,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, North Island, California: Operational and training facilities, $1,112,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Oceana, Virginia: Maintenance facilities, $262,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Quonset Point, Rhode Island: Administrative facilities, $132,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Whidbey Island, Washington: Troop housing and community facilities, $1,898,000.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(Marine Corps Air Stations)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Marine Corps Air Station, Beaufort, South Carolina: Maintenance facilities, supply facilities, and administrative facilities, $1,180,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Marine Corps Air Station, Cherry Point, North Carolina: Training facilities, maintenance facilities, and administrative facilities, $562,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Marine Corps Air Station, El Toro, California: Training facilities, $243,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Marine Corps Auxiliary Air Station, Yuma, Arizona: Operational facilities, and utilities, $2,013,Q00.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(Fleet Readiness Stations)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Naval Ammunition Depot, Concord, California: Community facilities, $189,000. .</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Propellant Plant, Indian Head, Maryland: Supply facilities, and troop housing, $537,000.</listContent></listItem> </list> </content> </level> <level> <heading class="centered">(Research, Development, Test and Evaluation Stations)</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Naval Weapons Laboratory, Dahlgren, Virginia: Research, development and test facilities, $2,042,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Development Center, Johnsville, Pennsylvania: Troop housing, $585,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Material Center, Philadelphia, Pennsylvania: Administrative facilities, $482,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Pacific Missile Range, Point Mugu, California: Operational facilities, supply facilities, and research development and test facilities, $3,647,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Ordnance Laboratory, White Oak, Maryland: Research, development and test facilities, $3,280,000.</listContent></listItem> </list> </content> </level> </appropriations> <appropriations level="small"><heading>supply facilities</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Naval Supply Center, Norfolk, Virginia: Operational facilities, $218,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Regional Accounts Office, Philadelphia, Pennsylvania: Administrative facilities, $250,000.</listContent></listItem> </list> </content> </appropriations> <page identifier="/us/stat/76/229">76 <inline class="smallCaps">Stat</inline>. 229</page> <appropriations level="small"><heading>marine corps facilities</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Marine Corps Base, Camp Pendleton, California: Operational and training facilities, maintenance facilities, troop housing and community facilities, and utilities and ground improvements, $4,884,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Marine Corps Schools, Quantico, Virginia: Training facilities, $990,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"><heading>service school facilities</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Naval Academy, Annapolis, Maryland: Troop housing, $5,027,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Weapons Plant, District of Columbia: Administrative facilities, $128,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Training Center, Great Lakes, Illinois: Training facilities, $1,592,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Amphibious Base, Little Creek, Virginia: Training facilities, and troop housing, $1,773,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Officer Candidate School, Newport, Rhode Island: Troop housing, $2,772,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fleet Antisubmarine Warfare School, San Diego, California: Training facilities, troop housing, and utilities, $2,537,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"><heading>medical facilities</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Naval Hospital, Long Beach, California: Hospital and medical facilities, and utilities and ground improvements, $7,223,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Aviation Medical Center, Pensacola, Florida: Training facilities, and research, development and test facilities, $3,825,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Hospital, Philadelphia, Pennsylvania: Utilities, $190,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"><heading>communication facilities</heading> <content>Naval Radio Station, Kodiak, Alaska: Utilities, $117,000.</content> </appropriations> <appropriations level="small"><heading>office of naval research facilities</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Naval Research Laboratory, District of Columbia: Research, development and test facilities, $5,582,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Training Device Center, Port Washington, Long Island, New York: Research, development and test facilities, $265,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"><heading>yards and docks facilities</heading> <content>Public Works Center, Norfolk, Virginia: Operational facilities, and utilities, $572,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Outside the United States</heading> <appropriations level="small"><heading>naval weapons facilities</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Agana, Guam: Real estate, $133,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Station, Argentia, Newfoundland, Canada: Operational facilities, $71,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Marine Corps Air Facility, Futema, Okinawa: Maintenance facilities, and troop housing and community facilities, $1,976,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Marine Corps Air Facility, Iwakuni, Japan: Troop housing, $679,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Facility, Naha, Okinawa: Operational facilities, $495,(MM).</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Station, Roosevelt Roads, Puerto Rico: Maintenance facilities, $57,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fleet Activities, Okinawa: Utilities, $144,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Facility, Sigonella, Sicily, Italy: Operational facilities, and community facilities, $935,000.</listContent></listItem> </list> </content> </appropriations> <page identifier="/us/stat/76/230">76 <inline class="smallCaps">Stat</inline>. 230</page> <appropriations level="small"><heading>marine corps facilities</heading> <content>Camp Smedley D. Butler, Okinawa: Operational and training facilities, maintenance facilities, supply facilities, administrative facilities, troop housing and community facilities, and utilities and ground improvements, $7,679,000.</content> </appropriations> <appropriations level="small"><heading>medical facilities</heading> <content>Naval Hospital, Yokosuka, Japan: Hospital facilities, $118,000.</content> </appropriations> <appropriations level="small"><heading>communication facilities</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Naval Communication Station, Asmara, Eritrea: Operational facilities, and troop housing, $4,346,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Communication Station, Finegayan, Guam: Utilities, $166,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"><heading>yards and docks facilities</heading> <content>Public Works Center, Guam: Utilities, $5,688,000.</content> </appropriations> </appropriations> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><sidenote><p class="firstIndent1 fontsize8">Classified installations and facilities.</p></sidenote> <content class="inline">The Secretary of the Navy may establish or develop classified naval installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, resettlement, site preparation, appurtenances, utilities, and equipment, in the total amount of $89,330,000.</content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num><sidenote><p class="firstIndent1 fontsize8">Construction for unforeseen requirements.</p></sidenote> <content class="inline">The Secretary of the Navy may establish or develop naval installations and facilities by proceeding with construction made necessary by changes in Navy missions and responsibilities which have been occasioned by: (a) unforeseen security considerations, (b) new weapons developments, (c) new and unforeseen research and development requirements, or (d) improved production schedules, if the Secretary of Defense determines that deferral of such construction for inclusion in the next military construction authorization Act would be inconsistent with interests of national security, and in connection therewith to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, in the total amount<sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> of $15,000,000: <proviso><i>Provided</i>, That the Secretary of the Navy or his designee, shall notify the Committees on Armed Services of the Senate and House of Representatives, immediately upon reaching a final decision to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto. This authorization will expire as of September 30, 1963, except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to that date.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/329">69 Stat. 329</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Public Law 161, Eighty-fourth Congress, as amended, is amended in section 201 under the heading “Continental United States” and subheading “<quotedText>aviation facilities (Special Purpose Air Stations)</quotedText>”, with respect to the Naval Air Station, Lakehurst, New <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/71/541">71 Stat. 541</ref>.</p></sidenote>Jersey, by striking out “<quotedText>$17,911,000</quotedText>” and inserting in place thereof “<quotedText>$18,263,000</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Public Law 161, Eighty-fourth Congress, as amended, is amended by striking out in clause (2) of section 502, the amounts<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/174">74 Stat. 174</ref>.</p></sidenote> “<quotedText>$309,134,600</quotedText>” and “<quotedText>$579,301,300</quotedText>” and inserting respectively in place thereof “<quotedText>$309,486,600</quotedText>” and “<quotedText>$579,653,300</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Public Law 86–500, as amended, is amended in section 201 under the heading “Inside the United States” and subheading “<quotedText>service school facilities</quotedText>”, with respect to the Naval Academy,<page identifier="/us/stat/76/231">76 <inline class="smallCaps">Stat</inline>. 231</page> Annapolis, Maryland, by striking out “<quotedText>$6,000,000</quotedText>”, and inserting in<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/172">74 Stat. 172</ref>.</p></sidenote> place thereof “<quotedText>$8,605,000</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Public Law 86–500, as amended, is amended by striking out in clause (2) of section 502, the amounts “<quotedText>$87,075,000</quotedText>” and “<quotedText>$130,666,000</quotedText>” and inserting respectively in place thereof “<quotedText>$89,680,000</quotedText>”<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/103">75 Stat. 103</ref>.</p></sidenote> and “<quotedText>$133,271,000</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Public Law 87–57 is amended in section 201 under the heading “Inside the United States” and subheading “service school facilities”, with respect to the Naval Academy, Annapolis, Maryland, by striking out “<quotedText>$9,687,000</quotedText>”, and inserting in place thereof<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/101">75 Stat. 101</ref>.</p></sidenote> “<quotedText>$12,006,000</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Public Law 87–57 is amended by striking out in clause (2) of section 602, the amounts “<quotedText>$79,239,000</quotedText>” and “<quotedText>$138,344,000</quotedText>”, and inserting<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/109">75 Stat. 109</ref>.</p></sidenote> respectively in place thereof “<quotedText>$81,558,000</quotedText>” and “<quotedText>$140,663,000</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content class="inline">Notwithstanding any other provision of law, the Secretary<sidenote><p class="firstIndent1 fontsize8">Water facilities, Beaufort, S. C.</p></sidenote> of the Navy, or his designee, is authorized to enter into a contract for a period not to exceed twenty years for the purpose of providing water for military installations located at or near Beaufort, South Carolina.</content> </section> <num value="III">TITLE III</num> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content class="inline">The Secretary of the Air Force may establish or develop<sidenote><p class="firstIndent1 fontsize8">Air Force.</p></sidenote> military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including site preparation, appurtenances, utilities, and equipment, for the following projects:</content></section> <appropriations level="intermediate"><heading>Inside the United States</heading> <appropriations level="small"><heading>air defense command</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Duluth Municipal Airport, Duluth, Minnesota: Operational and training facilities, maintenance facilities, supply facilities, medical facilities, and real estate. $2,812,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Grand Forks Air Force Base, Grand Forks, North Dakota: Operational and training facilities, supply facilities, administrative facilities, and utilities, $1,310,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Hamilton Air Force Base, San Rafael, California: Operational facilities, maintenance facilities, and supply facilities, $352,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">K. I. Sawyer Municipal Airport, Marquette, Michigan: Operational and training facilities, maintenance facilities, troop housing, and community facilities, $1,477,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Kincheloe Air Force Base, Sault Sainte Marie, Michigan: Training facilities, and troop housing, $648,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Kingsley Field, Klamath Falls, Oregon: Operational facilities, and maintenance facilities, $464,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Minot Air Force Base, Minot, North Dakota: Operational facilities, maintenance facilities, supply facilities, troop housing, and utilities, $1,868,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Paine Field, Everett, Washington: Operational facilities, maintenance facilities, and real estate, $2,698,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">RichardsGebaur Air Force Base, Kansas City, Missouri: Medical facilities, $158,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Selfridge Air Force Base, Mount Clemens, Michigan: Operational facilities and real estate, $179,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Spokane International Airport, Spokane, Washington: Operational facilities, $80,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Suffolk County Air Force Base, Westhampton Beach, New York: Operational facilities, medical facilities, and real estate, $867,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Tyndall Air Force Base, Panama City, Florida: Maintenance facilities and utilities, $241,000.</listContent></listItem> </list> </content> </appropriations> <page identifier="/us/stat/76/232">76 <inline class="smallCaps">Stat</inline>. 232</page> <appropriations level="small"><heading>air force logistics command</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Griffiss Air Force Base, Rome, New York: Maintenance facilities, $206,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Heath Maintenance Annex, Newark, Ohio: Maintenance facilities, $1,676,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Hill Air Force Base, Ogden, Utah: Maintenance facilities, supply facilities, hospital facilities, administrative facilities, and community facilities, $5,116,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Hill Air Force Range, Lakeside, Utah: Maintenance facilities, supply facilities, community facilities, and utilities, $7,581,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">McClellan Air Force Base, Sacramento, California: Operational facilities, $2,976,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Robins Air Force Base, Macon, Georgia: Maintenance facilities, and administrative facilities, $389,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Tinker Air Force Base, Oklahoma City, Oklahoma: Operational facilities, $6,700,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Wright-Patterson Air Force Base, Dayton, Ohio: Training facilities, research, development, and test facilities, medical facilities, and utilities, $14,840,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"><heading>air force systems command</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Arnold Engineering Development Center, Tullahoma, Tennessee: Research, development, and test facilities, $2,462,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Edwards Air Force Base, Muroc, California: Research, development, and test facilities, $2,934,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Eglin Air Force Base, Valparaiso, Florida: Research, development, and test facilities, $282,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Holloman Air Force Base, Alamogordo, New Mexico: Research, development, and test facilities, $619,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Laurence G. Hanscom Field, Bedford. Massachusetts: Operational facilities, administrative facilities, utilities, and real estate, $1,540,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Patrick Air Force Base, Cocoa, Florida: Hospital facilities, administrative facilities, troop housing, and utilities, $6,335,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Sacramento Peak Upper Air Research Site, Alamogordo, New Mexico: Research, development, and test facilities, $45,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Various locations, Atlantic Missile Range: Research, development, and test facilities, and administrative facilities, $7,934,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"><heading>air training command</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Amarillo Air Force Base, Amarillo, Texas: Maintenance facilities, and troop housing, $351,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Chanute Air Force Base, Rantoul, Illinois: Training facilities, maintenance facilities, community facilities, and utilities, $1,731,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Craig Air Force Base, Selma, Alabama: Training facilities, and maintenance facilities, $297,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">James Connally Air Force Base, Waco, Texas: Troop housing and utilities, $191,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Keesler Air Force Base, Biloxi, Mississippi: Maintenance facilities, troop housing, and community facilities, $1,288,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Lackland Air Force Base, San Antonio, Texas: Training facilities, medical facilities, administrative facilities, troop housing, community facilities, and utilities, $5,088,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Perrin Air Force Base, Sherman, Texas: Operational facilities, $123,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Sheppard Air Force Base, Wichita Falls, Texas: Training facilities, maintenance facilities, and troop housing $1,441,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Vance Air Force Base, Enid. Oklahoma: Maintenance facilities, $37,000.</listContent></listItem> </list> </content> </appropriations> <page identifier="/us/stat/76/233">76 <inline class="smallCaps">Stat</inline>. 233</page> <appropriations level="small"><heading>air university</heading> <content>Maxwell Air Force Base, Montgomery, Alabama: Utilities, $245,000.</content> </appropriations> <appropriations level="small"><heading>alaskan air command</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Eielson Air Force Base, Fairbanks, Alaska: Operational facilities, $809,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Elmendorf Air Force Base, Anchorage, Alaska: Operational facilities, administrative facilities, and utilities, $2,939,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Galena Airport, Galena, Alaska: Maintenance facilities, $135,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">King Salmon Airport, Naknek, Alaska: Operational facilities, $494,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Various locations: Operational facilities, maintenance facilities, troop housing, and community facilities, $1,607,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"><heading>headquarters command</heading> <content>Andrews Air Force Base, Camp Springs, Maryland: Operational facilities, maintenance facilities, and administrative facilities, $1,270,000.</content> </appropriations> <appropriations level="small"><heading>military air transport service</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">McGuire Air Force Base, Wrightstown, New Jersey: Operational facilities, $269,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Travis Air Force Base, Fairfield, California: Operational facilities, $71,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"><heading>strategic air command</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Altus Air Force Base, Altus, Oklahoma: Maintenance facilities, $120,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Bergstrom Air Force Base, Austin, Texas: Community facilities, $350,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Blytheville Air Force Base, Blytheville, Arkansas: Operational facilities, $50,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Bunker Hill Air Force Base, Peru, Indiana: Operational facilities, $210,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Carswell Air Force Base, Fort Worth, Texas: Community facilities, $154,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Castle Air Force Base, Merced, California: Maintenance facilities, $229,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Clinton-Sherman Air Force Base, Clinton, Oklahoma: Operational facilities, and maintenance facilities, $170,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Columbus Air Force Base, Columbus, Mississippi: Operational facilities, $71,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Dow Air Force Base, Bangor, Maine: Operational facilities, maintenance facilities, and supply facilities, $473,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Dyess Air Force Base, Abilene, Texas: Operational facilities, $6.027,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Ellsworth Air Force Base, Rapid City, South Dakota: Operational facilities, and maintenance facilities, $416,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fairchild Air Force Base, Spokane, Washington: Maintenance facilities, $120,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Glasgow Air Force Base, Glasgow, Montana: Training facilities, $276,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Larson Air Force Base, Moses Lake, Washington: Maintenance facilities, $160,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Little Rock Air Force Base, Little Rock, Arkansas: Operational facilities, and maintenance facilities, $415,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Lockbourne Air Force Base, Columbus, Ohio: Operational facilities, and maintenance facilities, $614,000.<page identifier="/us/stat/76/234">76 <inline class="smallCaps">Stat</inline>. 234</page></listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Loring Air Force Base, Limestone, Maine: Operational facilities, and maintenance facilities, $255,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">March Air Force Base, Riverside, California: Operational facilities, $96,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">McCoy Air Force Base, Orlando, Florida: Maintenance facilities, $380,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Offutt Air Force Base, Omaha, Nebraska: Hospital facilities, administrative facilities, troop housing and utilities, $8,550,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Pease Air Force Base, Portsmouth, New Hampshire: Operational facilities, and maintenance facilities, $449,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Plattsburgh Air Force Base, Plattsburgh, New York: Maintenance facilities, $60,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Turner Air Force Base, Albanv, Georgia: Maintenance facilities, $394,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Walker Air Force Base, Roswell, New Mexico: Operational facilities, and maintenance facilities, $276,D00.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Westover Air Force Base, Chicopee Falls, Massachusetts: Operational facilities, maintenance facilities, and medical facilities, $601,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Wurtsmith Air Force Base, Oscoda, Michigan: Operational facilities and community facilities, $502,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"><heading>tactical air command</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Cannon Air Force Base, Clovis, New Mexico: Operational facilities, $300,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">England Air Force Base, Alexandria, Louisiana: Operational facilities, $140,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">George Air Force Base, Victorville, California: Operational facilities, and maintenance facilities, $392,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Langley Air Force Base, Hampton, Virginia: Operational facilities, and hospital facilities, $3,157,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Luke Air Force Base, Phoenix, Arizona: Operational facilities, and maintenance facilities, $401,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Nellis Air Force Base, Las Vegas, Nevada: Maintenance facilities, supply facilities, hospital facilities, and utilities, $3,136,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Pope Air Force Base, Fort Bragg, North Carolina: Operational facilities, maintenance facilities, administrative facilities, and troop housing, $4,753,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Sewart Air Force Base, Smyrna, Tennessee: Operational facilities, $418,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Seymour-Johnson Air Force Base, Goldsboro, North Carolina: Maintenance facilities, supply facilities, and utilities, $452,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"><heading>aircraft control and warning system</heading> <content>Various locations: Maintenance facilities, supply facilities, troop housing, community facilities, and utilities, $733,000.</content> </appropriations> <appropriations level="small"><heading>special facilities</heading> <content>Various locations: Operational facilities, $3,176,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Outside the United States</heading> <appropriations level="small"><heading>caribbean air command</heading> <content>Howard Air Force Base, Canal Zone: Operational facilities, $1,747,000.</content> </appropriations> <page identifier="/us/stat/76/235">76 <inline class="smallCaps">Stat</inline>. 235</page> <appropriations level="small"><heading>military air transport service</heading> <content>Various locations: Operational facilities, $112,000.</content> </appropriations> <appropriations level="small"><heading>pacific air force</heading> <content>Various locations: Operational and training facilities, maintenance facilities, supply facilities, troop housing, community facilities, and utilities, $11,116,000.</content> </appropriations> <appropriations level="small"><heading>strategic air command</heading> <content>Ramey Air Force Base, Puerto Rico: Operational facilities, $50,000. Various locations: Operational facilities, $221,000.</content> </appropriations> <appropriations level="small"><heading>united states air forces in europe</heading> <content>Various locations: Operational facilities, maintenance facilities, supply facilities, troop housing, community facilities, and utilities. $5,435,000.</content> </appropriations> <appropriations level="small"><heading>united states air force security service</heading> <content>Various locations: Operational facilities, supply facilities, medical facilities, administrative facilities, troop housing, community facilities, and utilities, $8,826,000.</content> </appropriations> <appropriations level="small"><heading>aircraft control and warning system</heading> <content>Various locations: Operational facilities, troop housing, community facilities, and utilities, $2,642,000.</content> </appropriations> <appropriations level="small"><heading>special facilities</heading> <content>Various locations: Operational facilities, $2,314,000.</content> </appropriations> </appropriations> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content class="inline">The Secretary of the Air Force may establish or develop<sidenote><p class="firstIndent1 fontsize8">Classified installations and facilities.</p></sidenote> classified military installations and facilities by acquiring, constructing, converting, reliabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment in the total amount of $564,265,000.</content> </section> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <content class="inline">The Secretary of the Air Force may establish or develop<sidenote><p class="firstIndent1 fontsize8">Construction for unforeseen requirements.</p></sidenote> Air Force installations and facilities by proceeding with construction made necessary by changes in Air Force missions and responsibilities which have been occasioned by: (a) unforeseen security considerations, (b) new weapons developments, (c) new and unforeseen research and development requirements, or (d) improved production schedules, if the Secretary of Defense determines that deferral of such construction for inclusion in the next military construction authorization Act would be inconsistent with the interests of national security, and in connection therewith to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, in the total amount of $15,000,000: <proviso><i>Provided</i>, That the Secretary of the Air<sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> Force, or his designee, shall notify the Committees on Armed Services of the Senate and House of Representatives, immediately upon reaching a final decision to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto.</proviso> This authorization will expire as of September 30, 1963, except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to that date.</content> </section> <page identifier="/us/stat/76/236">76 <inline class="smallCaps">Stat</inline>. 236</page> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Public Law 86–500, as amended, is amended in section 301 under the heading “Inside the Uni ted States” and subheading “headquarters command”, with respect to Andrews Air Force<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/178">74 Stat. 178</ref>.</p></sidenote> Base, Camp Springs, Maryland, by striking out “<quotedText>$3,109,000</quotedText>” and inserting in place thereof “<quotedText>$3,294,000</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Public Law 86–500, as amended, is amended by striking out in clause (3) of section 502 the amounts of “<quotedText>$206,035,000</quotedText>” and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/108">75 Stat. 108</ref>.</p></sidenote> “<quotedText>$728,605,000</quotedText>” and inserting in place thereof “<quotedText>$206,220,000</quotedText>” and “<quotedText>$728,790,000</quotedText>”, respectively.</content> </subsection> </section> <num value="IV">TITLE IV</num> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num><sidenote><p class="firstIndent1 fontsize8">Defense.</p><p class="firstIndent1 fontsize8">Military installations and facilities.</p></sidenote> <content class="inline">The Secretary of Defense, subject to the provisions of section 610, may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including site preparation, appurtenances, utilities, and equipment, for defense agencies and activities (other than the military departments and the Office of Civil Defense), for the following projects:</content> </section> <appropriations level="small"><heading>defense atomic support agency</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Armed Forces Radiobiology Research Institute, National Naval Medical Center, Bethesda, Maryland: Research, development, and test facilities, $968,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Various locations: Utilities, $193,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"><heading>defense communications agency</heading> <content>NORAD Headquarters, Colorado Springs, Colorado: Operational facilities, $1,446,000.</content> </appropriations> <appropriations level="small"><heading>defense intelligence agency</heading> <content>Metropolitan Washington, District of Columbia, area: Administrative facilities and utilities, $2,800,000.</content> </appropriations> <appropriations level="small"><heading>defense supply agency</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Cameron Station, Alexandria, Virginia: Operational facilities, administrative facilities, and utilities, $3,590,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Columbus General Depot, Columbus, Ohio: Administrative facilities and utilities, $3, 191,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Gentile Air Force Station, Dayton, Ohio: Administrative facilities, $1,296,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Military Industrial Supply Agency, Philadelphia, Pennsylvania: Administrative facilities, $1,020,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"><heading>national security agency</heading> <content> <list> <listItem><listContent class="indent0 fontsize10 depth0">Fort Meade, Maryland: Operational facilities, administrative facilities, and utilities, $12,870,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Various locations: Operational facilities, supply facilities, troop housing, community facilities, and utilities, $6,276,000.</listContent></listItem> </list> </content> </appropriations> <num value="V">TITLE V—</num> <heading class="inline">MILITARY FAMILY HOUSING</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num><sidenote><p class="firstIndent1 fontsize8">Family housing programs.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>For the purpose of providing improved management and administration of funds appropriated or otherwise made available to the Department of Defense for family housing programs there is<page identifier="/us/stat/76/237">76 <inline class="smallCaps">Stat</inline>. 237</page> hereby established on the books of the Treasury Department the Department of Defense family housing management account (hereinafter referred to as the “management account”). <sidenote><p class="firstIndent1 fontsize8">“Management account.”</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The management account snail be administered by the Secretary of Defense as a single account. Into such account there shall be transferred (1) the unexpended balance of the funds established pursuant to subsections (g) and (h) of section 404 of the Housing. Amendments of 1955, and (2) appropriations hereafter made to the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/1112">70 Stat. 1112</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1594a">42 USC 1594a</ref>.</p></sidenote> Department of Defense, for the purpose of, or which are available for, the payment pf costs arising in connection with the construction, acquisition, replacement, addition, expansion, extension, alteration, leasing, operation, or maintenance of family housing, including the cost of principal and interest charges, and insurance premiums, arising in connection with the acquisition of such housing, and mortgage insurance premiums payable under section 222(c) of the National Housing Act. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/604">68 Stat. 604</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715m">12 USC 1715m</ref>.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Obligations against the management account may lie made by the Secretary of Defense, in such amounts as may be specified from time to time in appropriation Acts, for the purpose of defraying, in the manner and to the extent authorized by law, the costs referred to in subsection -(b).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The last sentence of subsection (f) and subsections (g) and (h)<sidenote><p class="firstIndent1 fontsize8">Repeal.</p></sidenote> of section 404 of the Housing Amendments of 1955 (42 U.S.C. 1594a. (g) and (h)) are hereby repealed.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <chapeau class="inline">The Secretary of Defense, or his designee, is authorized<sidenote><p class="firstIndent1 fontsize8">Family housing units.</p></sidenote> to construct, at the locations hereinafter named, family housing units, in the numbers hereinafter listed, but no construction shall be commenced at any such locations in the United States, until the Secretary shall have consulted with the Administrator, Housing and Home Finance Agency, as to the availability of adequate private housing at such locations. The authority to construct housing under this title shall include the authority to acquire land, and interests in land, by gift, purchase, exchange of Government-owned land, or otherwise.</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content> <p class="inline">For Department of the Army: Inside the United States and Caribbean, 2.725 units, $50,686,500.</p> <list> <listItem><listContent class="indent0 fontsize10 depth0">Redstone Arsenal, Alabama, 150 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Petroleum Distribution Pipeline, Alaska, 19 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Richardson, Alaska, 100 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Pine Bluff Arsenal, Arkansas, 33 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Sharpe General Depot, California, 40 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fitzsimons General Hospital, Colorado, 50 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Carson, Colorado, 280 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Pueblo Ordnance Depot, Colorado, 18 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Rocky Mountain Arsenal, Colorado, 44 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Stewart, Georgia, 132 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">U.S. Army, Hawaii, 250 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Leavenworth, Kansas, 100 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Riley, Kansas, 300 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Ritchie, Maryland, 179 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Picatinny Arsenal, New Jersey, 40 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Carlisle Barracks, Pennsylvania, 36 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Charleston Transportation Depot, South Carolina, 10 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Sam Houston, Texas, 204 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Dugway Proving Ground, Utah, 67 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Lee, Virginia, 100 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Pacific Side, Canal Zone, 500 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Quarry Heights, Canal Zone, 20 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Allen, Puerto Rico, 53 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Outside the United States and Caribbean, 364 units, $6,485,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Army Security Agency, location 04,60 units, $900,000.<page identifier="/us/stat/76/238">76 <inline class="smallCaps">Stat</inline>. 238</page></listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Army Security Agency, location 12,157 units, $2,723,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fort Buckner, Okinawa, 147 units, $2,862,000.</listContent></listItem> </list> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content> <p class="inline">Department of the Navy: Inside the United States and Caribbean, 3,708 units, $71,015,000.</p> <list> <listItem><listContent class="indent0 fontsize10 depth0">Naval Station, Adak, Alaska, 250 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Alameda, California, 500 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Radio Station, Dixon, California, 7 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Marine Corps Air Station, El Toro, California, 400 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Station, Long Beach, California, 250 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Shipyard, Mare Island, California, 400 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Marine Corps Base, Camp Pendleton, California, 400 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Station, San Diego, California, 500 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Cecil Field, Florida, 200 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Mine Defense Laboratory, Panama City, Florida, 40 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Sanford, Florida, 10 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Marine Corps Air Station, Kaneohe Bay, Hawaii, 200 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Research Laboratory, Chesapeake Bay Annex, Maryland, 6 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Base, Portsmouth, New Hampshire, 150 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Ammunition Depot, Earle, New Jersey, 48 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, New York, New York, 8 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Supply Depot, Mechanicsburg, Pennsylvania, 45 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Supply Center, Cheatham Annex, Virginia, 50 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Fleet Anti-Air Warfare Training Center, Dam Neck, Virginia, 15 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Air Station, Oceana, Virginia, 25 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Weapons Station, Yorktown, Virginia, 100 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Radio Station, Sabana Seca, Puerto Rico, 104 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Outside the United States and Caribbean, 200 units, $7,000,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Naval Station, Argentia, Canada, 200 units, $7,000,000.</listContent></listItem> </list> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content> <p class="inline">For Department of the Air Force: Inside the United States, 5,865 units, $110,127,000.</p> <list> <listItem><listContent class="indent0 fontsize10 depth0">Eielson Air Force Base, Alaska, 1Q0 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Elmendorf Air Force Base, Alaska, 290 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Norton Air Force Base, California, 14 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Vandenberg Air Force Base, California, 200 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Robins Air Force Base, Georgia, 300 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Chanute Air Force Base, Illinois, 190 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Dow Air Force Base, Maine, 200 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">K. I. Sawyer Air Force Base, Michigan, 400 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Kincheloe Air Force Base, Michigan, 400 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Wurtsmith Air Force Base, Michigan, 300 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Glasgow Air Force Base, Montana, 200 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Griffiss Air Force Base, New York, 135 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Hancock Field, New York, 100 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Suffolk County Air Force Base, New York, 100 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Pope Air Force Base, North Carolina, 300 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Grand Forks Air Force Base, North Dakota, 300 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Minot Air Force Base, North Dakota, 430 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Clinton-Sherman Air Force Base, Oklahoma, 100 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Kingsley Field, Oregon, 200 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Hill Air Force Base, Utah, 200 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Langley Air Force Base, Virginia, 300 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Paine Field, Washington, 100 units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Various locations: 946 relocatable units.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Outside the United States, 930 units, $18,670,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Clark Air Base, Philippine Islands. 150 units, $2,790,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Kadena Air Base, Okinawa, 500 units, $9,900,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Site 1-D, 200 units, $4,540,000.</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Site 10—C, 80 units, $1,440,000.</listContent></listItem> </list> </content> </paragraph> </section> <page identifier="/us/stat/76/239">76 <inline class="smallCaps">Stat</inline>. 239</page> <section class="firstIndent1 fontsize10"> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of Defense, or his designee, is authorized to accomplish alterations, additions, expansions, or extensions not otherwise authorized by law of family housing units at various locations under the jurisdiction of the Department of Defense which, on the effective date of this Act, have not been designated as public quarters. Units so improved shall be designated public quarters.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>No family housing unit may be improved at a total cost of more than 50 per centum of the maximum cost of construction prescribed by this Act for an equivalent unit of new family housing.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Sections 4774(f) and 9774(f) of title 10, United States Code, are amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/71/555/556">71 Stat. 555, 556</ref>.</p></sidenote> <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>If the Secretary of Defense, or his designee, determines, on the basis of a survey of the family housing needs at any installation where the construction of family housing is authorized, that the construction of four-bedroom units for enlisted men is required, such units may be constructed with a net floor area of one thousand two hundred and fifty square feet or less.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 7574(d) of title 10, United States Code, is amended to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/71/556">71 Stat. 556</ref>.</p></sidenote> read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>If the Secretary of Defense, or his designee, determines, on the basis of a survey or the family housing needs at any installation where the construction of family housing is authorized, that the construction of four-bedroom units for enlisted men is required, such units may be constructed with a net floor area of one thousand two hundred and fifty square feet or less.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Sections 4774(g) and 9774(g) of title 10, United States Code,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/321/322">73 Stat. 321, 322</ref>.</p></sidenote> are amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <content>If the Secretary of Defense, or his designee, determines, on the basis of a survey of the family housing needs at an installation where the construction of family housing is authorized, that the construction of four-bedroom units for officers holding grades below major is required, such units may be constructed with a net floor area of one thousand four hundred square feet or less.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Section 7574(e) of title 10, United States Code, is amended to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/321">73 Stat. 321</ref>.</p></sidenote> read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>If the Secretary’ of Defense, or his designee, determines, on the basis of a survey of the family housing needs at an installation where the construction of family housing is authorized, that the construction of four-bedroom units for officers holding grades below lieutenant commander or equivalent is required, such units may be constructed with a net floor area of one thousand four hundred square feet or less.”</content> </subsection> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num> <content class="inline">Section 515 of the Act of July 15, 1955 (69 Stat. 324, 352), as amended (75 Stat. 96, 111), is further amended by deleting the word<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2674">10 USC 2674 note</ref>.</p></sidenote> “tactical” in the third line of the section.</content> </section> <section class="firstIndent1 fontsize10"> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num> <chapeau class="inline">Authorizations for the construction of family housing provided<sidenote><p class="firstIndent1 fontsize8">Limitations.</p></sidenote> in this Act Shall be subject to the following limitations:</chapeau> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content> <p class="inline">the cost per family unit shall not exceed—</p> <list> <listItem><listContent class="indent2 fontsize10 depth1">$22,000 for generals or equivalent;</listContent></listItem> <listItem><listContent class="indent2 fontsize10 depth1">$19,800 for colonels or equivalent;</listContent></listItem> <listItem><listContent class="indent2 fontsize10 depth1">$17,600 for major and/or lieutenant colonel or equivalent;</listContent></listItem> <listItem><listContent class="indent2 fontsize10 depth1">$15,400 for all other commissioned or warrant officer personnel or equivalent;</listContent></listItem> <listItem><listContent class="indent2 fontsize10 depth1">$13,200 for enlisted personnel;</listContent></listItem> </list> <p class="indent0 firstIndent0 fontsize10">except that when such units are constructed outside the continental<sidenote><p class="firstIndent1 fontsize8">Exceptions.</p></sidenote> United States or in Alaska, the average cost per unit of all such units shall not exceed $32,000, and in no event shall the individual cost exceed $40,000.</p> <p class="indent0 fontsize10">The cost limitations provided in this subsection shall be applied to the five-foot line.</p> </content> </subsection> <page identifier="/us/stat/76/240">76 <inline class="smallCaps">Stat</inline>. 240</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>No project in excess of 50 units at a specific location, other than those constructed outside the continental United States or in Alaska, shall be constructed at an average unit cost exceeding $17,500, including the costs of land acquisition, site preparation, and installation of utilities.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>No family housing unit, other than those constructed outside the continental United States or in Alaska, shall be constructed at a total cost exceeding $26,000, including the cost of the family unit and the proportionate costs of land acquisition, site preparation, and installation of utilities. For the purposes of this section the cost of the family unit shall include ranges, refrigerators, shades, screens, and fixtures.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="507"><inline class="smallCaps">Sec</inline>. 507. </num> <content class="inline">No funds may be appropriated after December 31, 1962, for the construction, acquisition, leasing, addition, extension, expansion, alteration, or operation and maintenance of family housing under the jurisdiction of the Department of Defense unless the appropriation of such funds has been authorized by legislation enacted after such date.</content> </section> <num value="VI">TITLE VI</num> <level> <heading class="smallCaps centered">general provisions</heading> <section class="firstIndent1 fontsize10"> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num><sidenote><p class="firstIndent1 fontsize8">Land improvements, etc.</p></sidenote> <content class="inline">The Secretary of each military department may proceed to establish or develop installations and facilities under this Act without regard to sections 3648 and 3734 of the Revised Statutes, as amended (31 U.S.C. 529, 40 U.S.C. 259, 267), and sections 477(d)<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/269/590">70A Stat. 269, 590</ref>.</p></sidenote> and 9774(d) of title 10, United States Code. The authority to place permanent or temporary improvements on land includes authority for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or land includes authority to make surveys and to acquire land, and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise.</content> </section> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> <chapeau class="inline">There are authorized to be appropriated such sums as may be necessary for the purposes of this Act, but appropriations for military construction projects authorized by titles I, II, III, and IV shall not exceed—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for title I: Inside the United States, $101,743,000; outside the United States, $29,699,000; section 102, $2,000,000; section 103, $15,000,000; or a total of $148,442,000;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for title II: Inside the United States, $86,871,000; outside the United States, $22,487,000: section 202, $89,330,000; section 203, $15,000,000; or a total of $213,688,000;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>for title III: Inside the United States, $131,651,000; outside the United States, $32,463,000; section 302, $564,265,000; section 303, $15,000,000; or a total of $743,379,000;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>for title IV: A total of $33,650,000;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>for title V: For housing units to be constructed under section 501 for Department of the Army, $57,171,500; Department of the Navy, $78,015,000; Department of the Air Force, $128,797,000; or a total of $263,983,500.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num> <content class="inline">Any of the amounts named in title I, II, III, and IV of this Act, may, in the discretion of the Secretary concerned, be increased by 5 per centum for projects inside the United States (other than Alaska) and by 10 per centum for projects outside the United States or in Alaska, if he determines in the case of any particular<page identifier="/us/stat/76/241">76 <inline class="smallCaps">Stat</inline>. 241</page> project that such increase (1) is required for the sole purpose of meeting unusual variations in cost arising in connection with that project, and (2) could not have been reasonably anticipated at the time such project was submitted to the Congress. However, the total costs of all projects in each such title may not be more than the total amount authorized to be appropriated for projects in that title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num> <chapeau class="inline">Whenever—<sidenote><p class="firstIndent1 fontsize8">Contracts.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the President determines that compliance with section 2313(b) of title 10, United States Code, for contracts made under<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/133">70A Stat. 133</ref>.</p></sidenote> this Act for the establishment or development of military installations and facilities in foreign countries would interfere with the carrying out of this Act; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Secretary of Defense and the Comptroller General have agreed upon alternative methods of adequately auditing those contracts;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">the President may exempt those contracts from the requirements of that section.</continuation> </section> <section class="firstIndent1 fontsize10"> <num value="605"><inline class="smallCaps">Sec</inline>. 605. </num> <content class="inline">Contracts for construction made by the United States for performance within the United States, and its possessions, under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Army, or the Bureau of Yards and Docks, Department of the Navy, unless the Secretary of Defense determines that because such jurisdiction and supervision is wholly impracticable such contracts should be executed under the jurisdiction and supervision of another department or Government agency, and shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaired and the award is consistent with chapter 137 of title 10, United States Code. The Secretaries of the military departments shall report semiannually<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/127">70A Stat. 127</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2301–2314">10 USC 2301–2314</ref>.</p><p class="firstIndent1 fontsize8">Reports to Congress.</p></sidenote> to the President of the Senate and the Speaker of the House of Representatives with respect to all contracts awarded on other than a competitive basis to the lowest responsible bidder.</content> </section> <section class="firstIndent1 fontsize10"> <num value="606"><inline class="smallCaps">Sec</inline>. 606. </num> <chapeau class="inline">As of July 1, 1963, all authorizations for military public<sidenote><p class="firstIndent1 fontsize8">Repeals.</p></sidenote> works to be accomplished by the Secretary of a military department in connection with the establishment or development of military installations and facilities, and all authorizations for appropriations therefor, that are contained in Acts approved before June 9, 1960, and not superseded or otherwise modified by a later authorization are repealed, except—<sidenote><p class="firstIndent1 fontsize8">Exceptions.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>authorizations for public works and for appropriations therefor that are set forth in those Acts in the titles that contain the general provisions;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the authorization for public works projects as to which appropriated funds have been obligated for construction contracts or land acquisitions in whole or in part before July 1, 1963, and authorizations for appropriations therefor;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>notwithstanding the provisions of section 606 of the Act of June 27, 1961 (75 Stat. 96, 110), the authorization for—</chapeau> <level class="indent2 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>utilities in the amount of $2,300,000 at Fort Campbell, Kentucky, that is contained in title I, section 101, under the heading “Inside the United States” and subheading “field forces facilities (Third Army Area)” of the Act of August 10, 1959 (73 Stat. 302,303);</content> </level> <page identifier="/us/stat/76/242">76 <inline class="smallCaps">Stat</inline>. 242</page> <level class="indent2 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>maintenance facilities in the amount of $330,000 at the Pacific Missile Range, Point Mugu, California, that is contained in title II, section 201, under the heading “Inside the United States” and subheading “aviation facilities (Special Purpose Air Stations)” in the Act of August 10, 1959 (73 Stat. 302,307); and</content> </level> <level class="indent2 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>maintenance facilities, medical facilities, supply facilities, troop housing, community facilities, and utilities and ground improvements in the amount of $3,957,000 for Naval Radio Research Station, Sugar Grove, West Virginia, that is contained in title II, section 201, under the heading “Inside the United States” and subheading “communication facilities” of the Act of August 10, 1959 (73 Stat. 308).</content> </level> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="607"><inline class="smallCaps">Sec</inline>. 607. </num><sidenote><p class="firstIndent1 fontsize8">Options.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1460">72 Stat. 1460</ref>.</p></sidenote> <chapeau class="inline">Subsections (a) and (b) of section 2677 of title 10, United States Code, are amended to read as follows:</chapeau> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The Secretary of a military department may acquire an option on a parcel of real property before or after its acquisition is authorized by law, if he considers it suitable and likely to be needed for a military project of his department.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>As consideration for an option acquired under subsection (a), the Secretary may pay, from funds available to his department for real property activities, an amount that is not more than 5 per centum of the appraised fair market value of the property. However, such amount must be credited to the purchase price of the property if the acquisition is completed.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="608"><inline class="smallCaps">Sec</inline>. 608. </num><sidenote><p class="firstIndent1 fontsize8">Unit cost limitations.</p></sidenote> <chapeau class="inline">None of the authority contained in titles I, II, and III of this Act shall be deemed to authorize any building construction project inside the United States (other than Alaska) at a unit cost in excess of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>$32 per square foot for cold-storage warehousing;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>$8 per square foot for regular warehousing;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>$1,850 per man for permanent barracks;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>$8,500 per man for Bachelor officer quarters;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">unless the Secretary of Defense determines that, because of special circumstances, application to such project of the limitations on unit costs contained in this section is impracticable.</continuation> </section> <section class="firstIndent1 fontsize10"> <num value="609"><inline class="smallCaps">Sec</inline>. 609. </num> <content class="inline">Section 109(a) of the Act of August 20, 1958 (72 Stat. 641), as amended by section 413 of the Act of August 10, 1959 (73 Stat. 322) , is further amended by striking the preceding comma and the following: “<quotedText>and four hundred acres for a temporary spoil disposal area for a period of ten years,</quotedText>” and by inserting at the end of the said section 109(a), “<quotedText>The Administrator of General Services shall, incident to this sale, reserve (for the benefit of the Chief of Engineers) a spoil disposal easement expiring August 20, 1968, on four hundred acres to be selected by the Administrator.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <num value="610"><inline class="smallCaps">Sec</inline>. 610. </num><sidenote><p class="firstIndent1 fontsize8">Real property facilities.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Any maintenance, rehabilitation, repair, alteration, addition, expansion, or extension of real property facilities required incident to the operation of activities and agencies of the Department of Defense (other than the military departments) financed from appropriations for military functions of the Department of Defense and any construction of real property facilities authorized herein for such activities and agencies will be accomplished by or through military departments designated by the Secretary of Defense.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Real property facilities under the jurisdiction of the Department of Defense utilized by activities and agencies of the Department of Defense (other than the military departments) shall be under the jurisdiction of a military department designated by the Secretary of Defense.</content> </subsection> </section> </level> 76 Stat. 243 <num value="VII">TITLE VII</num> <section> <heading class="smallCaps centered">reserve forces facilities</heading> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num> <content class="inline">Section 2233a of title 10, United States Code, is amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/665">72 Stat. 665</ref>.</p></sidenote> to read as follows: <quotedContent> <section> <num value="2233a">“§2233a. </num> <heading>Limitation</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau>No expenditure or contribution that is more than $50,000 may be made under section 2233 of this title for any facility until after<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/121">70A Stat. 121</ref>; <ref href="/us/stat/72/1456">72 Stat. 1456</ref>.</p></sidenote> the expiration of thirty days from the date upon which the Secretary of Defense or his designee notifies the Senate and the House of Representatives of the location, nature, and estimated cost of such facility. This requirement does not apply to the following:</chapeau> <level class="indent1 firstIndent1 fontsize10"> <num value="a">“(a) </num> <content>Facilities acquired by lease.</content> </level> <level class="indent1 firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>Facilities acquired, constructed, expanded, rehabilitated, converted, or equipped to restore or replace facilities damaged or destroyed, where the Senate and the House of Representatives have been notified of that action.</content> </level> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Under such regulations as the Secretary of Defense may</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">prescribe, any project authorized pursuant to section 2233(a) which does not cost more than $25,000 may be accomplished from appropriations available for maintenance and operations.”</continuation> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="702"><inline class="smallCaps">Sec</inline>. 702. </num> <chapeau class="inline">Subject to chapter 133 of title 10, United States Code, the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/120">70A Stat. 120</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2231–2238">10 USC 2231–2238</ref>.</p></sidenote> Secretary of Defense may establish or develop additional facilities for the Reserve Forces, including the acquisition of land therefor, but the cost of such facilities shall not exceed—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">for Department of the Army:</chapeau> <level class="indent2 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Army National Guard of the United States, $11,000,000; and</content> </level> <level class="indent2 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Army Reserve, $9,900,000;</content> </level> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for Department of the Navy: Naval and Marine Corps Reserves, $8,200,000;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>for Department of the Air Force:</chapeau> <level class="indent2 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Air National Guard of the United States, $12,700,000; and</content> </level> <level class="indent2 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Air Force Reserve, $4,700,000.</content> </level> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="703"><inline class="smallCaps">Sec</inline>. 703. </num> <content class="inline">The Secretary of Defense may establish or develop<sidenote><p class="firstIndent1 fontsize8">Land improvements, etc.</p></sidenote> installations and facilities under this title without regard to sections 3648 and 3734 of the Revised Statutes, as amended, and sections<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s529">31 USC 529</ref>; <ref href="/us/usc/t40/s259/267">40 USC 259, 267</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/269/590">70A Stat. 269, 590</ref>.</p></sidenote> 4774(d) and 9774(d) of title 10, United States Code. The authority to place permanent or temporary improvements on land includes authority for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended, and even though the land is held temporarily.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p></sidenote> The authority to acquire real estate or land includes authority to make surveys and to acquire land, and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise.</content> </section> <section class="firstIndent1 fontsize10"> <num value="704"><inline class="smallCaps">Sec</inline>. 704. </num> <content class="inline">As of July 1, 1963, all authorizations for specific facilities<sidenote><p class="firstIndent1 fontsize8">Partial repeals.</p></sidenote> for reserve forces to be accomplished by the Secretary of Defense, and all authorizations for appropriations therefor, that are contained in the Reserve Forces Facilities Act of 1960, and not superseded or<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/188">74 Stat. 188</ref>.</p></sidenote> otherwise modified by a later authorization, are repealed, except the authorizations for facilities for the reserve forces as to which appropriated funds have been obligated in whole or in part before July 1, 1963, and authorizations for appropriations therefor.</content> </section> <page identifier="/us/stat/76/244">76 <inline class="smallCaps">Stat</inline>. 244</page> <section class="firstIndent1 fontsize10"> <num value="705"><inline class="smallCaps">Sec</inline>. 705. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Public Law 87–57 is amended under the heading “army national guard of the united states (armory)” in clause (1) of section 701 with respect to Stockton, California, strike out<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/114">75 Stat. 114</ref>.</p></sidenote> “<quotedText>$254,000</quotedText>” and insert in place thereof “<quotedText>$350,000</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Public Law 87–57 is amended by striking out in clause (1) of section 704, “<quotedText>$22,682,750</quotedText>” and inserting in place thereof “<quotedText>$22,778,750</quotedText>”.</content> </subsection> </section> Approved July 27, 1962.
Public Law 87–555: To amend title 10, United States Code, to permit members of the Armed Forces to accept fellowships, scholarships, or grants. Public Law 555 Public Law 87–555 76 Stat. 244 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–555
AN ACT To amend title 10, United States Code, to permit members of the Armed Forces to accept fellowships, scholarships, or grants.

July 27, 1962

[H. R. 7727]

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

Armed Forces.

Fellowships or grants, acceptance.

70A Stat. 144.
That chapter 155 of title 10, United States Code, is amended— (1) by adding the following new section at the end thereof:
“§2603. Acceptance of fellowships, scholarships, or grants “(a) Notwithstanding any other provision of law, a fellowship, scholarship, or grant may, under regulations to be prescribed by the President or his designee, be made by a corporation, fund, foundation, or educational institution that is organized and operated primarily for scientific, literary, or educational purposes to any member of the Armed Forces, and the benefits thereof may be accepted by him— “(1) in recognition of outstanding performance in his field; “(2) to undertake a project that may be of value to the United States; or “(3) for development of his recognized potential for future career service. “However, the benefits of such a fellowship, scholarship, or grant may be accepted by the member in addition to his pay and allowances only to the extent that those benefits would be conferred upon him if the education or training contemplated by that fellowship, scholarship, or grant were provided at the expense of the United States. In addition, if such a benefit, in cash or in kind, is for travel, subsistence. or other expenses, an appropriate reduction shall be made from any payment that is made for the same purpose to the member by the United States incident to his acceptance of the fellowship, scholarship, or grant. “(b) Each member of the Armed Forces who accepts a fellowship, scholarship, or grant in accordance with subsection (a) shall, before he is permitted to undertake the education or training contemplated by that fellowship, scholarship, or grant, agree in writing that, after he completes the education or training, he will serve on active duty for a period at least three times the length of the period of the education or training.”; and
(2) by adding the following new item at the end of the analysis: “2603.
Sec. 2. Section 221 of the Public Health Service Act, as amended

70A Stat. 619; 73 Stat. 359.

 (42 U.S.C. 213a), is amended by adding the following new clause at the end thereof: “(9) Section 2603, Acceptance of fellowships, scholarships, or grants.”
Approved July 27, 1962.
Public Law 87–556: To amend section 3203(d) of title 38, United States Code, to provide that there shall be no reduction of pension otherwise payable during hospitalization of certain veterans with a wife or child. Public Law 556 Public Law 87–556 76 Stat. 245 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 245 Public Law 87–556
AN ACT To amend section 3203(d) of title 38, United States Code, to provide that there shall be no reduction of pension otherwise payable during hospitalization of certain veterans with a wife or child.

July 27, 1962

[H. R. 8282]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 3203(d)

Veterans.

Pension while hospitalized.

73 Stat. 435.

 of title 38, United States Code, is amended (1) by inserting immediately after “any veteran” the following: “having neither wife nor child”, and (2) by striking out paragraph (2) and inserting in lieu thereof the following: “(2) The provisions of paragraph (1) shall also apply to a veteran being furnished such care who has a wife but whose pension is payable under section 521(b) of this title. In such a case, the Administrator may apportion and pay to the wife, upon an affirmative showing of hardship, all or any part of the amounts in excess of $30 per month which would be payable to the veteran while being furnished such care if pension were payable to him under section 521(c) of this title.”
Sec. 2. (a) The amendments made by this Act shall not apply to cases in which pension is payable pursuant to sections 9 (b) and (c) of the Veterans’ Pension Act of 1959.

38 USC 521 note.

Effective date.

 (b) The amendments made by this Act shall take effect on the first day of the first calendar month which begins more than thirty days after the date of enactment of this Act.
Approved July 27, 1962.
Public Law 87–557: To liberalize the provisions of title 38. United States Code, relating to the assignment of national service life insurance. Public Law 557 Public Law 87–557 76 Stat. 245 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–557
AN ACT To liberalize the provisions of title 38. United States Code, relating to the assignment of national service life insurance.

July 27, 1962

[H. R. 10669]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 718 of

Veterans.

National service life Insurance.

72 Stat. 1153.

 title 38, United States Code, is amended (1) by inserting “(a)” before the first sentence; (2) by adding “The provisions of this subsection shall not be applicable to insurance maturing on or after the date of enactment of this sentence.” at the end of subsection (a); and (3) by adding the following new subsection: “(b) Except as to insurance granted under the provisions of section 722(b) of this title, any person to whom insurance maturing on or after the date of enactment of this sentence is payable may assign all or any portion of his interest in such insurance to a widow, widower, child, father, mother, grandfather, grandmother, brother, or sister of the insured when the designated contingent beneficiary, if any, joins the beneficiary in the assignment. Such joinder shall not be required in any case in which the insurance proceeds are payable in a lump sum.”
Approved July 27, 1962.
Public Law 87–558: To repeal obsolete laws relating to military bounty land warrants and to provide for cancellation of recorded warrants. Public Law 558 Public Law 87–558 76 Stat. 246 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 246 Public Law 87–558
AN ACT To repeal obsolete laws relating to military bounty land warrants and to provide for cancellation of recorded warrants.

July 27, 1962

[H. R. 9273]

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

Military bounty land warrants.
That sections 457, 473, and 2414–2446, inclusive, of the Revised Statutes, as amended,

43 USC 782–835 notes.

 and the Act of December 13, 1894 (28 Stat. 594), are hereby repealed. Repeal of said laws shall not affect the rights of holders of warrants described in section 2 of this Act, until such rights are extinguished in accordance with said section, to have their warrants receivable in payment or part payment for lands under the Act of December 13, 1894, supra, to assign their warrants pursuant to sections 2414 and 2444 of the Revised Statutes, and to secure a new warrant in lieu of a warrant lost or destroyed pursuant to section 2441 of the Revised Statutes.
Sec. 2.

Purchase authority.

 The Secretary of the Interior is hereby authorized and directed to purchase at the rate of $1.25 per acre from the holders thereof and to cancel all valid unsatisfied military bounty land warrants which were issued pursuant to the laws repealed by section 1 of this Act and which are recorded with the Secretary pursuant to, and under the terms and conditions of, the Act of August 5, 1955 (69

43 USC 274 note.

 Stat. 534), and the regulations issued thereunder. The Secretary will send his offer to purchase by registered mail to the post office address of the holder of record with the Secretary as of the time the offer is made and will require the holder to surrender the warrant as a condition of payment therefor. If the holder of a warrant, within one year from and after receipt of an offer to purchase from the Secretary, shall fail to surrender his warrant and accept payment therefor as provided for in this section, the warrant shall not thereafter be accepted by the Secretary of the Interior for further recordation under the Act of 1955, supra, or as a basis for the acquisition of lands, or for payment under this section: Provided, That if within the one year after receipt of an offer to purchase, the warrant is transferred the transferee shall have the remainder of the one-year period or a period of six months, whichever is the longer, within which to surrender his warrant and accept payment.
Sec. 3. Payments under section 2 of this Act shall be made out of any appropriated funds available to the Secretary of the Interior for expenditure by him.
Approved July 27, 1962.
Public Law 87–559: To waive section 142 of title 28, United States Code, with respect to the holding of court at Decatur, Alabama, by the United States District Court for the Northern District of Alabama. Public Law 559 Public Law 87–559 76 Stat. 246 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–559
AN ACT To waive section 142 of title 28, United States Code, with respect to the holding of court at Decatur, Alabama, by the United States District Court for the Northern District of Alabama.

July 27, 1962

[H. R. 10016]

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

Alabama.

U. S. District Court.

62 Stat. 898.
That the limitations and restrictions contained in section 142 of title 28 of the United States Code shall be waived with respect to the holding of court at Decatur, Alabama, by the United States District Court for the Northern District of Alabama.
Approved July 27, 1962.
Public Law 87–560: To waive section 142 of title 28, United States Code, with respect to the United States District Court for the Eastern District of Texas, Marshall Division, holding court at Marshall, Texas. Public Law 560 Public Law 87–560 76 Stat. 247 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 247 Public Law 87–560
AN ACT To waive section 142 of title 28, United States Code, with respect to the United States District Court for the Eastern District of Texas, Marshall Division, holding court at Marshall, Texas.

July 27, 1962

[H. R. 10389]

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

Texas.

U. S. District Court.

62 Stat. 898.

 and restrictions contained in section 142 of title 28, United States Code, shall be waived with respect to the holding of court at Marshall, Texas, by the United States District Court for the Eastern District of Texas.
Approved July 27, 1962.
Public Law 87–561: To postpone by three months the date on or before which the Securities and Exchange Commission shall report to the Congress the results of its study and investigation pursuant to section 19(d) of the Securities Exchange Act of 1934, and for other purposes. Public Law 561 Public Law 87–561 76 Stat. 247 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–561
AN ACT To postpone by three months the date on or before which the Securities and Exchange Commission shall report to the Congress the results of its study and investigation pursuant to section 19(d) of the Securities Exchange Act of 1934, and for other purposes.

July 27, 1962

[H. R. 11670]

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

SEC.

Special study reporting date, postponement.

48 Stat. 898; 75 Stat. 465.

 sentence of subsection (d) of section 19 of the Securities Exchange Act of 1934 (15 U.S.C. 78s(d)) is amended by striking out “January 3, 1963” and inserting “April 3, 1963” in lieu thereof. The last sentence of such subsection is amended by striking out “$750,000” and inserting “$950,000” in lieu thereof.
Approved July 27, 1962.
Public Law 87–562: To create an additional judicial district for the State of Florida, to be known as the Middle District, and for other purposes. Public Law 562 Public Law 87–562 76 Stat. 247 1962-07-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–562
AN ACT To create an additional judicial district for the State of Florida, to be known as the Middle District, and for other purposes.

July 30, 1962

[S. 1824]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 89 of

Courts.

Judicial district in Fla., additional.

 title 28, United States Code, is amended to read as follows:
“§89. Florida “Florida is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Florida. “northern district “(a)

The Northern District comprises the counties of Alachua, Bay, Calhoun, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and Washington.

“Court for the Northern District shall be held at Gainesville, Marianna, Panama City, Pensacola, and Tallahassee.

 76 Stat. 248 “middle district “(b)

The Middle District comprises the counties of Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Columbia, De Soto, Duval, Flagler, Hamilton, Hardee, Hernando, Hillsborough, Lake, Ijee, Madison, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, Saint Johns, Sarasota, Seminole, Sumter, Suwannee, Union, and Volusia.

“Court for the Middle District shall be held at Fernandina, Fort Myers, Jacksonville, Live Oak, Ocala, Orlando, Saint Petersburg, and Tampa.

 “southern district “(c)

The Southern District comprises the counties of Broward, Collier, Dade, Glades, Hendry, Highlands, Indian River, Martin, Monroe, Okeechobee, Palm Beach, and Saint Lucie.

“Court for the Southern District shall be held at Fort Pierce, Key West, Miami, and West Palm Beach.”
Sec. 2. (a) The district judge appointed September 26, 1950, the district judge appointed August 13, 1955, and the district judge appointed March 8, 1961, all for the Southern District of Florida, shall hereafter be designated as district judges for the Middle District of Florida. (b) The district judge for the Northern and Southern Districts of Florida shall hereafter be designated as the district judge for the Northern, Middle, and Southern Districts of Florida. (c) Nothing in this Act shall in any manner affect the tenure of office of the United States Attorney and the United States Marshal for the Northern District of Florida who are in office at the time of the enactment of this Act, and who shall be during the remainder of their present terms of office the United States Attorney and Marshal for such district as constituted by this Act. (d) Nothing in this Act shall in any manner affect the tenure of office of the United States Attorney and the United States Marshal for the Southern District of Florida who are in office at the time of the enactment of this Act, and who shall be during the remainder of their present terms of office the United States Attorney and Marshal for the Middle District of Florida as constituted by this Act. (e) The President is authorized to appoint, by and with the advice and consent of the Senate, a United States Attorney and a United States Marshal for the Southern District of Florida.
Sec. 3. The table contained in section 133 of title 28 of the United

62 Stat. 895.

 States Code is amended to read as follows with respect to the State of Florida:
“Districts
Florida:		 Judges
Northern 1 
Middle 3 
Southern 3 
Northern, Middle, and Southern 1”.
Sec. 4.

Waiver.

 The limitations and restrictions contained in section 142, title 28, United States Code, shall be waived with respect to the holding of court at Fort Myers, and Saint Petersburg, Florida, by the United States District Court for the Middle District of Florida, and at Fort Pierce, and West Palm Beach, Florida, by the United States District Court for the Southern District of Florida.
Sec. 5.

Effective date.

 This Act shall become effective ninety days after the date of enactment.
Approved July 30, 1962.
Public Law 87–563: Granting the consent of Congress to the Southern Interstate Nuclear Compact, and for related purposes. Public Law 563 Public Law 87–563 76 Stat. 249 1962-07-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 249 Public Law 87–563
AN ACT Granting the consent of Congress to the Southern Interstate Nuclear Compact, and for related purposes.

July 31, 1962

[H. R. 10618]

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

Southern Interstate Nuclear Compact.

Consent of Congress.

 declared to be the national policy to encourage and recognize the performance of functions by the States with respect to the peaceful use of nuclear energy in its several forms. The Federal Government recognizes that many programs in nuclear fields can benefit from cooperation among the States, as well as between the Federal Government and the States. The importance of the interstate compact as one means for promoting such cooperation is hereby declared as part of the intention of Congress already expressed in part in Public Law 86–373, to facilitate the use of State jurisdiction in and over

73 Stat. 688.

42 USC 2021.

 portions of the development and regulatory nuclear field.
Sec. 2. The Congress hereby consents to the Southern Interstate Nuclear Compact, which compact is as follows:
“article i. policy and purpose “The party states recognize that the proper employment of nuclear energy, facilities, materials, and products can assist substantially in the industrialization of the South and the development of a balanced economy for the region. They also recognize that optimum benefit from and acquisition of nuclear resources and facilities requires systematic encouragement, guidance, and assistance from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis; it is the purpose of this compact to provide the instruments and framework for such a cooperative effort to improve the economy of the South and contribute to the individual and community well-being of the regions people.
“article ii. the board “(a) There is hereby created an agency of the party states to be known as the ‘Southern Interstate Nuclear Board’ (hereinafter called

“Southern Interstate Nuclear Board.”

 the Board). The Board shall be composed of one member from each party state designated or appointed in accordance with the law of the state which he represents and serving and subject to removal in accordance with such law. Any member of the Board may provide

Composition, powers, etc.

 for the discharge of his duties and the performance of his functions thereon (either for the duration of his membership or for any lesser period of time) by a deputy or assistant, if the laws of his state make specific provisions therefor. The federal government may be represented

Post, p. 254.

 without vote if provision is made by federal law for such representation. “(b) The Board members of the party states shall each be entitled to one vote on the Board. No action of the Board shall be binding unless taken at a meeting at which a majority of all members representing the party states are present and unless a majority of the total number of votes on the Board are cast in favor thereof. “(c) The Board shall have a seal. “(d) The Board shall elect annually, from among its members, a chairman, a vice chairman, and a treasurer. The Board shall appoint an Executive Director who shall serve at its pleasure and who shall also act as Secretary, and who, together with the Treasurer, shall be bonded in such amounts as the Board may require. 76 Stat. 250 “(e) The Executive Director, with the approval of the Board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the Board’s functions irrespective of the civil service, personnel or other merit system laws of any of the party states. “(f) The Board may establish and maintain, independently or in conjunction with any one or more of the party states, a suitable retirement system for its full-time employees. Employees of the Board shall be eligible for social security coverage in respect of old age and survivors insurance provided that the Board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The Board may establish and maintain or participate in such additional programs of employee benefits as may be appropriate. “(g) The Board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation. “(h) The Board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same. “(i) The Board may establish and maintain such facilities as may lie necessary for the transacting of its business. The Board may acquire, hold, and convey real and personal property and any interest therein. “(j) The Board shall adopt bylaws, roles, and regulations for the conduct of its business, and snail have the power to amend and rescind these bylaws, rules, and regulations. The Board shall publish its bylaws, roles, and regulations in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. “(k)

Reports.

Post, p. 254.

 The Board annually shall make to the governor of each party state, a report covering the activities of the Board for the preceding year, and embodying such recommendations as may have been adopted by the Board, which report shall be transmitted to the legislature of said state. The Board may issue such additional reports as it may deem desirable.
“article iii. finances “(a) The Board shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof. “(b) Each of the Board’s budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. One half of the total amount of each budget of estimated expenditures shall be apportioned among the party states in equal shares; one quarter of each such budget shall be apportioned among the party states in accordance with the ratio of their populations to the total population of the entire group of party states based on the last decennial federal census; and one quarter of each such budget shall be apportioned among the party states on the basis of the relative average per capita income of the inhabitants in each of the party states based on the latest computations published by the federal census-taking agency. Subject to appropriation by their respective legislatures, the Board shall be provided with76 Stat. 251 such funds by each of the party states as are,necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the Board. “(c) The Board may meet any of its obligations in whole or in part with funds available to it under Article II (h) of this compact, provided that the Board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part m this manner. Except where the Board makes use of funds available to it under Article II (h) hereof, the Board shall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate to meet the same. “(d) Any expenses and any other costs for each member of the Board in attending Board meetings shall be met by the Board. “(e) The Board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Board shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the Board. “(f) The accounts of the Board shall be open at any reasonable time for inspection.
“article iv. advisory committees “The Board may establish such advisory and technical committees as it may deem necessary, membership on which to include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local, State and Federal Government, and may cooperate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact.
“article v. powers “The Board shall have power to— “(a) ascertain and analyze on a continuing basis the position of the South with respect to nuclear and related industries. “(b) encourage the development and use of nuclear energy, facilities, installations, and products as part of a balanced economy. “(c) collect, correlate, and disseminate information relating to civilian uses of nuclear energy, materials, and products. “(d) conduct, or cooperate in conducting, programs of training for State and local personnel engaged in any aspect of— “(1) Nuclear industry, medicine, or education or the promotion or regulation thereof. “(2) The formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of nuclear energy, materials, products, installations, or wastes. “(e) Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations of nuclear product, material, or equipment use and disposal and of proper techniques or processes for the application of nuclear resources to the civilian economy or general welfare. 76 Stat. 252 “(f) Undertake such non-regulatory functions with respect to non-nuclear sources of radiation as may promote the economic development and general welfare of the region. “(g) Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to nuclear fields. “(h) Recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative procedures and practices or ordinances of the party states in any of the fields of its interest and competence as in its judgment may be appropriate. Any such recommendation shall be made through the appropriate state agency with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions. “(i) Prepare, publish and distribute (with or without charge) such reports, bulletins, newsletters or other material as it deems appropriate. “(j) Cooperate with the Atomic Energy Commission or any agency successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interests. “(k) Act as licensee of the United States Government or any party state with respect to the conduct of any research activity requiring such license and operate such research facility or undertake any program pursuant thereto. “(l) Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of nuclear incidents in the area comprising the party states, to coordinate the nuclear incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states and to facilitate the rendering of aid by the party states to each other in coping with nuclear incidents. The Board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with nuclear incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact.
“article vi. supplementary agreements “(a) To the extent that the Board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two or more of the party states (acting by their duly constituted administrative officials) may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify its purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate. No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the Board. The Board shall give such approval unless it finds that the supplementary agreement or the activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the Board. 76 Stat. 253 “(b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the Board may administer or otherwise assist in the operation of any supplementary agreement. “(c) No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.
“article vii. other laws and relations “Nothing in this compact shall be construed to— “(a) Permit or require any person or other entity to avoid or refuse compliance with any law. rule, regulation, order or ordinance of a party state or subdivision thereof now or hereafter made, enacted or in force. “(b) Limit, diminish, or otherwise impair jurisdiction exercised by the Atomic Energy Commission, any agency successor thereto, or any other federal department, agency or officer pursuant to and in conformity with any valid and operative act of Congress. “(c) Alter the relations between and respective internal responsibilities of the government of a party state and its subdivisions. “(d) Permit or authorize the Board to exercise any regulatory authority or to own or operate any nuclear reactor for the generation of electric energy; nor shall the Board own or operate any facility or installation for industrial or commercial purposes.
“article viii. eligible parties, entry into force and withdrawal “(a) Any or all of the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia shall be eligible to become party to this compact. “(b) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law: provided that it shall not become initially effective until enacted into law by seven states. “(c) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing said governors of the action of the legislature in repealing the compact and declaring an intention to withdraw.
“article ix. severability and construction “The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held76 Stat. 254 contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant hereto shall be liberally construed to effectuate the purposes thereof.”
Sec. 3.

Representative of Federal Government on Board.

 Pursuant to article 11(a) of the Southern Interstate Nuclear Compact, there shall be one representative of the Federal Government on the Southern Interstate Nuclear Board. The representative shall be appointed by the President and he shall report to the President either directly or through such agency or official as the President may specify. His compensation shall be m such amount not in excess of $100 per diem, as the President shall specify, but the total amount of compensation payable in any one calendar year shall not exceed $15,000: Provided, That if the representative be an employee of the United States, he shall serve without additional compensation. The compensation, travel expenses, office space, stenographic, and administrative services of the representative shall be paid from any available appropriations selected by the head of such agency or agencies as may be designated by the President to provide such expenses.
Sec. 4.

Agency cooperation.

 The Atomic Energy Commission; the National Aeronautics and Space Administration; the Secretary of Health, Education, and Welfare; the Secretary of Commerce; the Secretary of Labor; the Secretary of Agriculture; and the heads of other departments and agencies of the Federal Government are authorized, within available appropriations and pursuant to law, to cooperate with the Southern Interstate Nuclear Board.
Sec. 5.

Reports, copies to President and Congress.

 Copies of the annual reports made by the Southern Interstate Nuclear Board pursuant to article II(k) of the Southern Interstate Nuclear Compact shall be transmitted to the President and to the Joint Committee on Atomic Energy of the Congress.
Sec. 6.

Consent, extension.

 The consent to the Southern Nuclear Compact given by this Act shall extend to any and all supplementary agreements entered into pursuant to article VI of such Compact: Provided, That any such supplementary agreement is only for the exercise of one or more of the powers conferred upon the Southern Interstate Nuclear Board by article V of such compact.
Sec. 7. The right to alter, amend, or repeal this Act is expressly reserved.
Sec. 8. The right is hereby reserved to the Congress or any of its standing committees to require the disclosure and furnishing of such information or data by the Southern Interstate Nuclear Board as is deemed appropriate by the Congress or any such Committee.
Approved July 31, 1962.
Public Law 87–564: Making continuing appropriations for the fiscal year 1963, and for other purposes. Public Law 564 Public Law 87–564 76 Stat. 254 1962-07-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–564
JOINT RESOLUTION Making continuing appropriations for the fiscal year 1963, and for other purposes.

July 31, 1962

[H. J. Res. 839]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That clause (c) of section

Ante, p. 126.

 102 of the joint resolution of July 1, 1962 (Public Law 87–513), is hereby amended by striking out “July 31, 1962” and inserting in lieu thereof “August 31, 1962”.
Approved July 31, 1962.
Public Law 87–565: To amend further the Foreign Assistance Act of 1961, as amended, and for other purposes. Public Law 565 Public Law 87–565 76 Stat. 255 1962-08-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 255 Public Law 87–565
AN ACT To amend further the Foreign Assistance Act of 1961, as amended, and for other purposes.

August 1, 1962

[S. 2996]

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

Foreign Assistance Act of 1962.

 be cited as the “Foreign Assistance Act of 1962”.
PART I— ACT FOR INTERNATIONAL DEVELOPMENT OF 1961 Chapter 1— Short Title and Policy
Sec. 101. (a) The fifth paragraph of section 102 of the Foreign Assistance Act of 1961, as amended, containing a statement of policy, is

75 Stat. 424.

22 USC 2151.

 amended by inserting in the filth paragraph, immediately after “religion.”, the following: “The Congress further declares that any distinction made by foreign nations between American citizens because of race, color, or religion in the granting of, or the exercise of. personal or other rights available to American citizens is repugnant to our principles.” (b) Such section is further amended by inserting after the seventh paragraph the following:

“It is the sense of Congress that in the administration of these funds great attention and consideration should be given to those countries which share the view of the United States on the world crisis and which do not, as a result of United States assistance, divert their own economic resources to military or propaganda efforts, supported by the Soviet Union or Communist China, and directed against the United States or against other countries receiving aid under this Act.

“The Congress further declares that in the administration of programs of assistance under this Act. the highest practicable emphasis should be given to: programs providing for loans or loan guarantees for use by institutions and organizations in making repayable low interest rate loans to individuals in friendly foreign countries for the purchase of small farms, the purchase of homes, the establishment, equipment and strengthening of small independent business concerns, purchase of tools or equipment needed by individuals for carrying on an occupation or a trade, or financing the opportunity for individuals to obtain practical education in vocational and occupational skills, and to those programs of technical assistance and development which will assist in carrying out and in preparing a favorable environment for such programs. While recognizing that special requirements, differing development needs and political conditions in various assisted countries will affect the priority of such programs and of each country’s relative ability to implement them, it is further the sense of Congress that each such assisted country should be encouraged to give adequate recognition to such needs of the people in the preparation of national development programs.”

 (c) Such section is further amended by inserting at the end of the last paragraph the following new sentence: “It is the sense of Congress that, where feasible, the United States Government invite friendly nations to join in missions to consult with countries which are recipients of assistance under this part on the possibilities for joint action to assure the effective development of plans for the economic development of such recipient countries and the effective use of assistance76 Stat. 256 provided them; and that the President may request the assistance of international financial institutions in bringing about the establishment of such missions.”
Chapter 2— Development Assistance <num value="i"><inline class="smallCaps">title i</inline>—</num> <heading class="smallCaps inline">development loan fund</heading> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">Section 201 of the Foreign Assistance Act of 1961, as<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/426">75 Stat. 426</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2161">22 USC 2161</ref>.</p></sidenote> amended, which relates to general authority with respect to development loans, is amended by adding at the end thereof the following: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>In carrying out this title, the President shall not allocate, reserve, earmark, commit, or otherwise set aside, funds aggregating in excess of $100,000 for use in any country under this title unless (1) an application for such funds has been received for use in such country together with sufficient information and assurances to indicate reasonably that the funds will be used in an economically and technically sound manner, or (2) the President determines with respect to each such allocation, reservation, earmarking, commitment, or set-aside that it is in the national interest to use such funds pursuant to multilateral plans.”</content> </subsection> </quotedContent> </content> </section> <num value="II"><inline class="smallCaps">title ii</inline>—</num> <heading class="smallCaps inline">development grants and technical cooperation</heading> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <chapeau class="inline">Title II of chapter 2 of part I of the Foreign Assistance<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/427">75 Stat. 427</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2171–2176">22 USC 2171–2176</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2171">22 USC 2171</ref>.</p></sidenote> Act of 1961. as amended, which relates to development grants and technical cooperation, is amended as follows:</chapeau> <subsection class="inline"> <num value="a">(a) </num> <content>In section 211, which relates to general authority, add a new subsection (c) as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>Not to exceed $1,000,000 of the funds made available for the purposes of this section in any fiscal year may be used for programs designed to promote the peaceful uses of atomic energy outside the United States and such programs may be carried out only in accordance with the requirements of this section.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In section 212, which relates to authorization, strike out “<quotedText>1962</quotedText>” and “<quotedText>$380,000,000</quotedText>” and substitute “<quotedText>1963</quotedText>” and “<quotedText>$300,000,000</quotedText>”, respectively.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Strike out section 213, which relates to atoms for peace.</content> </subsection> </section> <num value="iii"><inline class="smallCaps">title iii</inline>—</num> <heading class="smallCaps inline">investment guaranties</heading> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2181–2184">22 USC 2181–2184</ref>.</p></sidenote> <chapeau class="inline">Title III of chapter 2 of part I of the Foreign Assistance Act of 1961, as amended, which relates to investment guaranties, is amended as follows:</chapeau> <subsection class="inline"> <num value="a">(a) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2181">22 USC 2181</ref>.</p></sidenote> <chapeau>Amend section 221(b) which relates to general authority, as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>In paragraph (1) strike out “<quotedText>$1,000,000,000</quotedText>” in the proviso and substitute “<quotedText>$1,300,000,000</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>In paragraph (2) strike out the words preceding the first proviso and insert in lieu thereof the following: “<quotedText>where the President determines such action to be important to the furtherance of the purposes of this title, assuring against loss of any loan investment for housing projects with appropriate participation by the private investor in the loan risk and in accordance with the foreign and financial policies of the United States, or assuring against loss of not to exceed 75 per centum of any other investment due to such risks as the President may determine, upon such terms and conditions as the President may determine</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>In paragraph (2) strike out “<quotedText>$90,000,000</quotedText>” in the third proviso and substitute “<quotedText>$180,000,000</quotedText>”, and after the word “<quotedText>guaranty</quotedText>”<page identifier="/us/stat/76/257">76 <inline class="smallCaps">Stat</inline>. 257</page> insert the following: “<quotedText>in the case of a loan shall exceed $25,000,000 and no other such guaranty</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Amend section 222, which relates to general provisions, as<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2182">22 USC 2182</ref>.</p></sidenote> follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>In subsection (d) insert “<quotedText>, and out of funds made available pursuant to this title</quotedText>” before the period.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Add the following new subsection (f): <quotedContent> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>There is hereby authorized to be appropriated to the President such amounts, to remain available until expended, as may be necessary from time to time to carry out the purposes of this title.”</content> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <chapeau>Amend section 224, which relates to housing projects in Latin<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2184">22 USC 2184</ref>.</p></sidenote> American countries, as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>In subsection (b) strike out “<quotedText>$10,000,000</quotedText>” in the second sentence and substitute “<quotedText>$60,000,000</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>In subsection (c) strike out “<quotedText>and (e)</quotedText>” and substitute “<quotedText>(e), and (f)</quotedText>”.</content> </paragraph> </subsection> </section> <num value="iv"><inline class="smallCaps">title iv</inline>—</num> <heading class="smallCaps inline">surveys of investment opportunities</heading> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content class="inline">Section 232 of the Foreign Assistance Act of 1961, as amended, which relates to surveys of investment opportunities, is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/432">75 Stat. 432</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2192">22 USC 2192</ref>.</p></sidenote> amended by striking out “<quotedText>1962</quotedText>” and “<quotedText>$5,000,000</quotedText>” and substituting “<quotedText>1963</quotedText>” and “<quotedText>$2,000,000</quotedText>”, respectively.</content> </section> <section> <heading class="smallCaps centered">alliance for progress</heading> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content class="inline">Chapter 2 of part I of the Foreign Assistance Act of 1961, as amended, which relates to development assistance, is amended by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/2161–2165">22 USC 2161–2165</ref>.</p></sidenote> adding at the end a new title VI, as follows: <quotedContent> <title> <num value="vi"><inline class="smallCaps">“title vi</inline>—</num> <heading class="smallCaps inline">alliance for progress</heading> <section class="firstIndent1 fontsize10"> <num value="251"><inline class="smallCaps">“Sec</inline>. 251. </num> <heading><inline class="smallCaps">General Authority</inline>.—</heading> <subsection class="inline"> <num value="a">(a) </num> <content>It is the sense of the Congress that the historic, economic, political, and geographic relationships among the American peoples and Republics are unique and of special significance and that the Alliance for Progress offers great hope for the advancement of the welfare of the peoples of the Americas and the strengthening of the relationships among them. It is further the sense, of Congress that vigorous measures by the countries and areas of Latin America to mobilize their own resources for economic development and to adopt reform measures to spread the benefits of economic progress among the people are essential to the success of the Alliance for Progress and to continued significant United States assistance thereunder. The President is authorized to furnish assistance on such terms and conditions as he may determine in order to promote the economic development of countries and areas in Latin America.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Assistance furnished under this title shall be directed toward the development of human as well as economic resources. In furnishing assistance under this title, the President shall take into account (1) the principles of the Act of Bogota and the Charter of Punta del Este, and in particular the extent to which the recipient country or area is showing a responsiveness to the vital economic, political, and social concerns of its people and demonstrating a clear determination to take effective self-help measures; (2) the economic and technical soundness of the activity to lie financed; (3) the consistency of the activity with, and its relationship to, other development activities being undertaken or planned, and its contribution to realizable long-range objectives; and (4) the possible effects upon the United States economy, with special reference to areas of substantial labor surplus, of the assistance involved. In making loans under this title from<page identifier="/us/stat/76/258">76 <inline class="smallCaps">Stat</inline>. 258</page> funds which are required to be used for loans payable as to principal and interest in United States dollars, the President shall take into account, in addition to the considerations named in the preceding sentence, whether financing could be obtained in whole or in part from other free world sources on reasonable terms and the efforts made by recipient, nations to repatriate capital invested in other countries by their own citizens. The provisions of sections 201(d), 202(b), 202(c),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2161/2162/2164">22 USC 2161, 2162, 2164</ref>.</p></sidenote> and 204 shall be applicable to such loans, and they shall be made only upon a finding of reasonable prospects of repayment.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/444">75 Stat. 444</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/2364">22 USC 2364</ref>.</p></sidenote> <content>The authority of section 614(a) may not be used to waive the requirements of this title with respect to funds made available for this title which are required to be used for loans payable as to principal and interest in United States dollars, and the authority of section<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2360">22 USC 2360</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2161–2165">22 USC 2161–2165</ref>.</p></sidenote> 610 may be used to transfer such funds only to funds made available for title I of chapter 2 of part I.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>In order to carry out the policies of this Act and the purpose of this title, the President shall, when requested by a friendly country and when appropriate, assist in fostering measures of agrarian reform, including colonization and redistribution of land, with a view to insuring a wider and more equitable distribution of the ownership of land.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>The President snail not allocate, reserve, earmark, commit, or otherwise set aside, funds aggregating in excess of $100,000 for use in any country under this title unless (1) an application for such funds has been received for use in such country together with sufficient information and assurances to indicate reasonably that the funds will be used in an economical and technically sound manner, or (2) the President determines with respect to each such allocation, reservation, earmarking, commitment, or set-aside that it is in the national interest to use such funds pursuant to multilateral plans.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>In furnishing assistance under this title, consistently with and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2351">22 USC 2351</ref>.</p></sidenote> for the purposes of section 601(b)(4) of this Act, the Agency for International Development or any other departments and agencies designated by the President shall provide such assistance as may be determined by the President to be necessary from time to time in order to make effective the efforts of the Commerce Committee for the Alliance for Progress, established under the Department of Commerce.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="252">“<inline class="smallCaps">Sec</inline>. 252. </num><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> <heading><inline class="smallCaps">Authorization</inline>.—</heading> <content class="inline">There is hereby authorized to be appropriated to the President for the purposes of this title, in addition to other funds available for such purposes, for use beginning in each of the fiscal years 1963 through 1966, not to exceed $600,000,000 for each such fiscal year which sums are authorized to remain available until expended and which, except for not to exceed $100,000,000 of the funds appropriated pursuant to this section for use beginning in fiscal year 1963, shall be available only for loans payable as to principal and interest in United States dollars. In presenting requests to the Congress for authorizations for appropriations for fiscal years 1964 through 1966 to carry out other programs under this Act, the President shall also present the program proposed to be carried out from funds appropriated pursuant to the authorization contained in this section for the respective fiscal year.</content> </section> <section class="firstIndent1 fontsize10"> <num value="253"><inline class="smallCaps">“Sec</inline>. 253. </num> <heading><inline class="smallCaps">Fiscal Provisions</inline>.—</heading> <content class="inline">All receipts in United States dollars from loans made under this title and from loans made for the benefit of countries and areas of Latin America under title I of chapter<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2161–2165">22 USC 2161–2165</ref>.</p></sidenote> 2 of part I of this Act, notwithstanding section 203, shall be available for use for loans payable as to principal and interest in United States dollars in furtherance of the purposes of this title. Such receipts and other funds made available under this title for use for the purposes of this title shall remain available until expended.”</content> </section> 76 Stat. 259 Chapter 3— International Organizations and Programs
Sec. 107. Section 302 of the Foreign Assistance Act of 1961, as

75 Stat. 433.

22 USC 2222

 amended, which relates to international organizations and programs, is amended by striking out “1962” and “$153,500,000” and substituting “1963” and “$148,900,000”, respectively.
Chapter 4— Supporting Assistance
Sec. 108. Section 402 of the Foreign Assistance Act of 1961, as amended, which relates to supporting assistance, is amended by striking

22 USC 2242.

 out “1962” and “$465,000,000” and substituting “1963” and “$415,000,000”, respectively.
Chapter 5— Contingency Fund
Sec. 109. Section 451 of the Foreign Assistance Act of 1961, as amended, which relates to the contingency fund, is amended as follows:

22 USC 2261.

 (a) Amend subsection (a) by striking out “1962” and substituting “1963”. (b) Amend subsection (b) by striking out “keep” and substituting “provide quarterly reports to” and by striking out “currently informed

Reports to Congress.

 of the use” and substituting “on the programing and the obligation”.
Chapter 6— Assistance to Agrarian Economies
Sec. 110. Section 461 of the Foreign Assistance Act of 1961, as amended, which relates to assistance to countries having agrarian

22 USC 2271.

 economies, is amended by adding at the end thereof the following: “In such country emphasis shall be placed also upon programs oi community development which will promote stable and responsible governmental institutions at the local level.”
PART II— INTERNATIONAL PEACE AND SECURITY ACT OF 1961 Chapter 1— Military Assistance
Sec. 201. Chapter 2 of part II of the Foreign Assistance Act of 1961, as amended, which relates to military assistance, is amended as

22 USC 2311–2319.

 follows: (a) In section 506, which relates to conditions of eligibility, add the

22 USC 2314.

 following new subsections: “(c) The President shall regularly reduce and, with such deliberate speed as orderly procedure and other relevant considerations, including prior commitments, will permit, shall terminate all further grants of military equipment and supplies to any country having sufficient wealth to enable it, in the judgment of the President, to maintain and equip its own military forces at adequate strength, without undue burden to its economy. “(d) Any country which hereafter uses defense articles or defense services furnished such country under this Act, the Mutual Security Act of 1954, as amended, or any predecessor foreign assistance Act, in

68 Stat. 832.

22 USC 1751 note.

 substantial violation of the provisions of this chapter or any agreements entered into pursuant to any of such Acts shall be immediately ineligible for further assistance.” (b) In section 507(a), which relates to sales, insert “not less than”

22 USC 2315.

 before “the value” in the first sentence. (c) In section 507(b), add a new sentence to read as follows: “No sales of unclassified defense articles shall be made to the government76 Stat. 260 of any economically developed nation under the provisions of this subsection unless such articles are not generally available for purchase by such nations from commercial sources in the United States: Provided, however, That the Secretary of Defense may waive the provisions of this sentence when he determines that the waiver of such provisions is in the national interest.” (d)

22 USC 2318.

 In section 510(a), which relates to special authority, strike out “1962” in the first and second sentences and substitute “1963”.
PART III Chapter 1— General Provisions
Sec. 301. Chapter 1 of part III of the Foreign Assistance Act of

75 Stat. 438.

22 USC 2351–2370.

22 USC 2360.

 1961, as amended, which relates to general provisions, is amended as follows: (a) In section 610, which relates to transfers between accounts, designate the present language as subsection (a) and add the following new subsection: “(b) The authority contained in this section and in sections 451, 510,

22 USC 2261, 2318, 2364.

22 USC 2396, 2397.

 and 614 shall not be used to augment appropriations made available pursuant to sections 636(g)(1) and 637 or used otherwise to finance activities which normally would be financed from appropriations for administrative expenses.” (b)

22 USC 2361.

 In section 611(a), which relates to completion of plans and cost estimates, strike out “and II” and substitute “, II, and VI”. (c)

22 USC 2368.

 Strike out section 618, which relates to economic assistance to Latin America, and substitute a new section 618 as follows:
“Sec. 618. Use of Settlement Receipts.— United States dollars directly paid to the United States under the Agreement Between the United States of America and Japan Regarding the Settlement of Postwar Economic Assistance to Japan may be appropriated or otherwise made available to the President in any appropriation Act, within

22 USC 2351–2370.

 the limitations of part I of this Act, to carry out the provisions of that part.”
(d)

22 USC 2370.

 Amend section 620, which relates to restrictions on assistance to certain countries, as follows: (1)

Cube.

 Amend the first sentence of subsection (a) to read as follows: “No assistance shall be furnished under this Act to the present government of Cuba; nor shall any such assistance be furnished to any country which furnishes assistance to the present government of Cuba unless the President determines that such assistance is in the national interest of the United States.” (2) Amend subsection (c) to read as follows: “(c) No assistance shall be provided under this Act to the government of any country which is indebted to any United States citizen or person for goods or services furnished or ordered where (i) such citizen or person has exhausted available legal remedies, which shall include arbitration, or (ii) the debt is not denied or contested by such government, or (iii) such indebtedness arises under an unconditional guaranty of payment given by such government, or any predecessor government, directly or indirectly, through any controlled entity: Provided, That the President does not find such action contrary to the national security.” (3) Add the following new subsections: “(e) The President shall suspend assistance to the government of any country to which assistance is provided under this Act when the government of such country or any governmental agency or subdivision within such country on or after January 1, 1962— 76 Stat. 261 “(1) has nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 per centum beneficially owned by United States citizens, or “(2) has imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of property so owned, and such country, government agency or government subdivision fails within a reasonable time (not more than six months after such action or after the date of enactment of this subsection, whichever is later) to take appropriate steps, which may include arbitration, to discharge its obligations under international law toward such citizen or entity, including equitable and speedy compensation for such property in convertible foreign exchange, as required by international law, or fails to take steps designed to provide relief from such taxes, exactions, or conditions, as the case may be, and such suspension shall continue until he is satisfied that appropriate steps are being taken and no other provision of this Act snail be construed to authorize the President to waive the provisions of this subsection. “(f)

No assistance shall be furnished under this Act, as amended, (except section 214(b)) to any Communist country. This restriction

22 USC 2174.

may not lie waived pursuant to any authority contained in this Act unless the President finds and promptly reports to Congress that: (1) such assistance is vital to the security of the United States; (2) the recipient country is not controlled by the international Communist conspiracy; and (3) such assistance will further promote the independence of the recipient country from international communism. For the purposes of this subsection, the phrase ‘Communist country’ shall

••Communist country.••

 include specifically, but not be limited to, the following countries:

“Peoples Republic of Albania, “Peoples Republic of Bulgaria, “Peoples Republic of China, “Czechoslovak Socialist Republic, “German Democratic Republic (East Germany), “Estonia, “Hungarian Peoples Republic, “Latvia, “Lithuania, “North Korean Peoples Republic, “North Vietnam, “Outer Mongolia-Mongolian Peoples Republic, “Polish Peoples Republic, “Rumanian Peoples Republic, “Tibet, “Federal Peoples Republic of Yugoslavia, “Cuba, and “Union of Soviet Socialist Republics. “(g) Notwithstanding any other provision of law, no monetary assistance shall be made available under this Act to any government or political subdivision or agency of such government which will be used to compensate owners for expropriated or nationalized property and, upon finding by the President that such assistance has been used by any government for such purpose, no further assistance under this Act shall be furnished to such government until appropriate reimbursement is made to the United States for sums so diverted. “(h) The President shall adopt regulations and establish procedures

Regulations and procedures.

 to insure that United States foreign aid is not used in a manner which, contrary to the best interests of the United States, promotes or assists the foreign aid projects or activities of the Communist-bloc countries.”
76 Stat. 262 Chapter 2— Administrative Provisions
Sec. 302. Chapter 2 of part III of the Foreign Assistance Act of

75 Stat. 445.

22 USC 2381–2397.

22 USC 2381.

 1961, as amended, which relates to administrative provisions, is amended as follows: (a) In section 621, which relates to exercise of functions, delete “(a)”and strike out subsections (b), (c), (d),and (e). (b) Amend section 624, which relates to statutory officers, by striking out subsection (d) and redesignating subsection (e) as subsection “(d)”, inserting in paragraph 2(A) of redesignated subsection (d) “, and programs being conducted by United States Government

74 Stat. 869.

22 USC 1942.

 agencies under Public Law 86–735,” after “Peace Corps”, and inserting in paragraphs (5) and (7) of redesignated subsection (d) “, and Public Law 86–735” after “part II of this Act”. (c)

22 USC 2385.

 Amend section 625, which relates to employment of personnel, as follows: (1) In subsection (b) strike out “seventy-six” in the first sentence and substitute “one hundred and ten”. (2) In subsection (d) add the following proviso before the period at the end of paragraph (2): “: Provided further, That, whenever the President determines it to be important for the purposes of this Act, the President may initially assign personnel under this paragraph for duty within the United States for a period not to exceed two years for the purpose of preparation for assignment outside the United States; however, the authority contained in this proviso may not be exercised with respect to more than thirty persons in the aggregate.” (3) Amend subsection (f) to read as follows: “(f) Funds provided for in agreements with foreign countries for the furnishing of services under this Act with respect to specific projects shall be deemed to be obligated for the services of personnel employed by agencies of the United States Government (other than the agencies primarily responsible for administering part I or part II of

22 USC 2151–2319.

 this Act) as well as personnel not employed by the United States Government.” (d)

22 USC 2389.

 In section 629(b), which relates to status of personnel detailed, strike out “624(e)” in the first sentence and substitute “624(d)”. (e)

22 USC 2394.

 In section 634(a), which relates to reports and information, insert the following before the period at the end of the second sentence: “and on progress under the freedom of navigation and nondiscrimination declaration contained in section 102”. (f) (1) In section 634(d), which relates to reports and information, strike out “In January of each year” and “preceding twelve months” in the first sentence and substitute “At the end of each fiscal year” and “fiscal year”, respectively. (2) After the first sentence of such section 634(d) insert the following: “There shall also be included in the presentation material submitted to the Congress during its consideration of amendments to this Act, or of any Act appropriating funds pursuant to authorizations contained in this Act, a comparison of the current fiscal year programs and activities with those presented to the Congress in the previous year and an explanation of any substantial changes.” (g)

22 USC 2395.

 In section 635(h), which relates to general authorities, strike out “and V” and substitute V, and VI” and strike out “made”. (h)

22 USC 2397.

 Amend section 637, which relates to administrative expenses, as follows: (1) In subsection (a) strike out “1962” and “$50,000,000” and substitute “1963” and “$53,000,000”, respectively. (2) In subsection (b) strike out “to the Secretary of State”.
76 Stat. 263 Chapter 3— Miscellaneous Provisions
Sec. 303. Chapter 3 of part III of the Foreign Assistance Act of 1961, as amended, which relates to miscellaneous provisions, is amended

22 USC 2401–2406.

 as follows: (a) Section 643, which relates to saving provisions, is amended by

22 USC 2402.

 striking out subsection (d). (b) Section 644 (m), which relates to definitions, is amended by striking out “as grant assistance” in subparagraphs (2) and (3). (c) Section 645, which relates to unexpended balances is amended by inserting “this Act or” after “pursuant to”.
PART IV— AMENDMENTS TO OTHER LAWS
Sec. 401. Part IV of the Foreign Assistance Act of 1961, as amended,

Repeal.

75 Stat. 463.

 is repealed, which repeal shall not be deemed to affect amendments contained in such part.
Sec. 402. Section 2 of the Act of August 1, 1956 (70 Stat. 890), as amended, is further amended by adding after paragraph (a) the following

5 USC 170g.

 new paragraph: “(b) for the purpose of promoting and maintaining friendly relations with foreign countries through the prompt settlement of certain claims, settle and pay any meritorious claim against the United States which is presented by a government of a foreign country for damage to or loss of real or personal property of, or personal injury to or death of, any national of such foreign country: Provided, That such claim is not cognizable under any other statute or international agreement of the United States and can be settled for not more than $15,000 or the foreign currency equivalent thereof.”
Sec. 403. Section 102(a)(3) of the Mutual Educational and Cultural Exchange Act of 1961 (Public Law 87–256, approved September

75 Stat. 528.

22 USC 2452.

 21, 1961) is hereby amended by inserting the word “abroad” after the word “expositions”. The amendment made by this section shall not tie applicable with respect to any fair or exposition within the United States for which an appropriation has been provided.
Sec. 404. The first section of the Act authorizing participation in the Interparliamentary Union (22 U.S.C. 276) is amended to read as

49 Stat. 425

 follows:

“An appropriation of $48,000 annually is authorized, $21,000 of which shall be for the annual contributions of the United States toward the maintenance of the Bureau of the Interparliamentary Union for the promotion of international arbitration; and $27,000, or so much thereof as may be necessary, to assist in meeting the expenses of the American group of the Interparliamentary Union for each fiscal year for which an appropriation is made, such appropriation to be disbursed on vouchers to be approved by the President and the executive secretary of the American group.”
Approved August 1, 1962, 10:35 a. m.
Public Law 87–566: To clarify the application of the Government Employees Training Act with respect to payment of expenses of attendance of Government employees at certain meetings, and for other purposes. Public Law 566 Public Law 87–566 76 Stat. 264 1962-08-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 264 Public Law 87–566
AN ACT To clarify the application of the Government Employees Training Act with respect to payment of expenses of attendance of Government employees at certain meetings, and for other purposes.

August 2, 1962

[H. R. 5374]

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

Government employees.

Expenses for certain meetings.

72 Stat. 329.
That subsection (a) of section 4 of the Government Employees Training Act, as amended (5 U.S.C. 2303(a)), is amended to read as follows: “(a) (1) This Act shall not apply to— “(A) the President or Vice President of the United States, “(B) any corporation under the supervision of the Farm Credit. Administration of which corporation any member of the board of directors is elected or appointed by private interests, “(C) the Tennessee Valley Authority, and “(D) any individual (except an officer of the Coast and Geodetic Survey in the Department of Commerce) who is a member of the uniformed services as defined in section 102(a) of the Career

63 Stat. 804.

37 USC 231, 232.

 Compensation Act of 1949, as amended, during any period in which he is receiving compensation under title II of such Act. “(2) Except for the purposes of subsections (a), (b), and (c) of

72 Stat. 336.

5 USC 2318.

 section 19 of this Act, this Act shall not apply to— “(A) the Foreign Service of the United States under the Department of State, and “(B) any individual appointed by the President by and with the advice and consent of the Senate (other than a postmaster) or by the President alone, unless such individual is specifically designated by the President for training under this Act.”.
Approved August 2, 1962.
Public Law 87–567: To continue for two years the suspension of duty on certain alumina and bauxite. Public Law 567 Public Law 87–567 76 Stat. 264 1962-08-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–567
AN ACT To continue for two years the suspension of duty on certain alumina and bauxite.

August 2, 1962

[H. R. 9520]

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

Alumina and bauxite.
That section 2 of the Act entitled “An Act to continue the temporary suspension of duty on certain alumina and bauxite”, approved May 16, 1958 (Public Law

74 Stat. 81.

19 USC 1001, par. 6 note.

 85–115; 72 Stat. 119), as amended, is amended by striking out “before July 16, 1962” and inserting in lieu thereof “before July 16, 1964”.
Approved August 2, 1962.
Public Law 87–568: To designate the lake formed by Terminus Dam on the Kaweah River in California as Lake Kaweah. Public Law 568 Public Law 87–568 76 Stat. 264 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–568
JOINT RESOLUTION To designate the lake formed by Terminus Dam on the Kaweah River in California as Lake Kaweah.

August 6, 1962

[H. J. Res. 417]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

California.

Lake Kaweah, designation.

58 Stat. 901.

33 USC 701–1 et seq.
That the reservoir formed by Terminus Dam across the Kaweah River in California, authorized by the Flood Control Act of 1944, is hereby designated as Lake Kaweah. Any law, regulation, map, document, record, or other paper of the United States in which such reservoir is referred to shall be held to refer to such reservoir by the name of Lake Kaweah.
Approved August 6, 1962.
Public Law 87–569: To provide for the incorporation of certain nonprofit corporations in the District of Columbia, and for other purposes. Public Law 569 Public Law 87–569 76 Stat. 265 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 265 Public Law 87–569
AN ACT To provide for the incorporation of certain nonprofit corporations in the District of Columbia, and for other purposes.

August 6, 1962

[H. R. 6967]

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

Deposits in Registry of Court.

District of Columbia Nonprofit Corporation Act.

 be known and may be cited as the “District of Columbia Nonprofit Corporation Act”. CONTENTS Sec. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 76 Stat. 266 Sec. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111.
definitions Sec. 2. As used in this Act, unless the context otherwise requires the term— (a) “Corporation” or “domestic corporation” means a corporation not for profit subject to the provisions of this Act, except a foreign corporation. (b) “Foreign corporation” means a corporation not for profit organized under laws other than the laws of the District of Columbia, for a purpose or purposes for which a corporation might be organized under this Act, but shall not include a corporation created by a special Act of Congress. (c) “Not for profit corporation” means a corporation no part of the income of which is distributable to its members, directors, or officers; except nothing in this Act shall be construed as prohibiting the payment of reasonable compensation for services rendered and the making of distribution upon dissolution of final liquidation as permitted in this Act. 76 Stat. 267 (d) “Articles of incorporation” means the original articles of incorporation and all amendments thereto, including articles of merger or consolidation, and in the case of a corporation created by a special Act of Congress, means such special Act and any amendments thereto made by special Act of Congress, or pursuant to general law. (e) “Bylaws” means the code or codes of rules adopted for the regulation or management of the affairs of a corporation irrespective or the name or names by which such rules are designated. (f) “Member” means one having membership rights in a corporation in accordance with the provisions of its articles of incorporation or bylaws. (g) “Board of directors” means the group of persons vested with the management of the affairs of a corporation irrespective of the name by which such group is designated. (h) “Insolvent” means that a corporation is unable to pay its debts as they become due in the usual course of its affairs. (i) “Commissioners” means the Commissioners of the District of Columbia or the agent or agents designated by them to perform any function vested in the Commissioners by this Act. (j) “District” means the District of Columbia. (k) “The court”, except where otherwise specified, means the United States District Court for the District of Columbia.
applicabilty Sec. 3. (a) The provisions of this Act relating to domestic corporations shall apply to all corporations organized hereunder or which elect to accept the provisions of this Act. (b) The provisions of this Act relating to foreign corporations shall apply to all foreign not for profit corporations conducting affairs in the District of Columbia for a purpose or purposes for which a corporation might be organized under this Act. (c) No corporation eligible to be formed under this Act shall be incorporated under any other Act or statute now in force in the District of Columbia except that those organizations eligible to be formed under the Acts or parts of Acts referred to in section 49–303, District of Columbia Code (1951 edition), may be formed under those Acts

32 Stat. 546.

 or parts of Acts.
purposes Sec. 4. Corporations may be organized under this Act for any lawful purpose or purposes including, but not limited to, one or more of the following or similar purposes: benevolent; charitable; religious; missionary; educational; scientific; research; literary; musical; social; athletic; patriotic; political; civic; professional, commercial, industrial, business, or trade association; mutual improvement; promotion of the arts; except that cooperative organizations or organizations subject to any of the provisions of the insurance laws of the District may not be organized under this Act.
general powers Sec. 5. Each corporation shall have power— (a) to have perpetual succession by its corporate name unless a limited period of duration is stated in its articles of incorporation; (b) to sue and be sued, complain and defend, in its corporate name; 76 Stat. 268 (c) to have a corporate seal which may be altered at pleasure and to use the same by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced; (d) to purchase, take, receive, lease, take by gift, devise or bequest, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with, real or personal property, or any interest therein, wherever situated; (e) to sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets; (f) to lend money to and otherwise assist its employees other than its officers and directors; (g) to purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, loan, pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in, or obligations of, other domestic or foreign corporations, whether for profit or not for profit, associations, partnerships, or individuals, or direct or indirect obligations of the United States, or of any other government, State, territory, governmental district, or municipality or of any instrumentality thereof; (h) to make contracts and incur liabilities, borrow money at such rates of interest as the corporation may determine, issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of all or any of its property, franchises and income; (i) to lend money for its corporate purposes, invest and reinvest its funds, and take and hold real and personal property as security for the payment of funds so loaned or invested; (j) to conduct its affairs, carry on its operations, hold property, and have offices and exercise the powers granted by this Act în any part of the world; (k) to elect or appoint officers and agents of the corporation, and define their duties and fix their compensation; (l) to make and alter bylaws, not inconsistent with its articles of incorporation or with the laws of the District of Columbia, for the administration and regulation of the affairs of the corporation; (m) unless otherwise provided in the articles of incorporation, to make donations for the public welfare or for religious, charitable, scientific research, or educational purposes, or for other purposes for which the corporation is organized; (n) to indemnify any director or officer or former director or officer of the corporation, or any person who may have served at its request as a director or officer of another corporation, whether for profit or not for profit, against expenses actually and necessarily incurred by him in connection with the defense of any action, suit, or proceeding in which he is made a party by reason of being or having been such director or officer, except in relation to matters as to which he shall be adjudged in such action, suit, or proceeding to be liable for negligence or misconduct in the performance of a duty. Such indemnification shall not be deemed exclusive of any other rights to which such director or officer may be entitled, under any bylaw, agreement, vote of board of directors or members, or otherwise; (o) to cease its corporate activities and surrender its corporate franchise; (p) to have and exercise all powers necessary or convenient to effect any or all of the purposes for which the corporation is organized.
76 Stat. 269
defense of ultra vires Sec. 6. No act of a corporation and no conveyance or transfer of real or personal property to or by a corporation shall be invalid by reason of the fact that the corporation was without capacity or power to do such act or to make or receive such conveyance or transfer, but such lack of capacity or power may be asserted: (a) In a proceeding by a member or a director against the corporation to enjoin the doing of any act, or the transfer of real or personal property by or to the corporation. If the act or transfer sought to be enjoined is being, or is to be, performed pursuant to any contract to which the corporation is a party, the court may, if all of the parties to the contract are parties to the proceeding and if it deems the same to be equitable, set aside and enjoin the performance of such contract, and in so doing may allow to the corporation or the other parties to the contract, as the case may be, compensation for the loss or damage sustained by either of them which may result from the action of the court in setting aside and enjoining the performance of such contract, but anticipated profits to be derived from the performance of the contract snail not be awarded by the court as a loss or damage sustained. (b) In a proceeding by the corporation, whether acting directly or through a receiver, trustee, or other legal representative, or through members in a representative suit, against the incumbent or former officers or trustees of the corporation. (c) In a proceeding by the Commissioners, as provided in this Act, to dissolve the corporation, or in a proceeding by the Commissioners to enjoin the corporation from the transaction of unauthorized acts.
corporate name Sec. 7. The corporate name— (a) shall not contain any word or phrase which indicates or implies that it is organized for any purpose other than one or more of the purposes contained in its articles of incorporation; (b) shall not be the same as, or deceptively similar to, the name of any domestic corporation, whether for profit or not for profit organized under any Act of Congress authorizing the formation of corporations under the laws of the District of Columbia, or that of any corporation created pursuant to any special Act of Congress to transact business or conduct affairs in the District, or that of any foreign corporation whether for profit or not for profit authorized to transact business or conduct affairs in the District, or a name the exclusive right to which is at the time reserved in the manner provided in this Act or in accordance with the provisions of the District of Columbia Business Corporation Act;

68 Stat. 177.

D. C. Code 29–901.

 (c) shall be transliterated into letters of the English alphabet, if it is not in English; (d) shall not indicate, nor shall any statement be made, that the corporation is organized under an Act of Congress.
reserved name Sec. 8. (a) The exclusive right to the use of a corporate name may be reserved by any person or corporation, domestic or foreign, by delivering to the Commissioners an application to reserve a specified corporate name, executed by the applicant. If the Commissioners find that the name is available for corporate use, they shall reserve the same for the exclusive use of the applicant for a period of sixty days.76 Stat. 270 Such reservation may be renewed for an additional period of sixty days and for good cause shown such reservation may be further extended for a reasonable period. (b) The right to the exclusive use of a specified corporate name so reserved may be transferred to any other person or corporation by delivering to the Commissioners a notice of such transfer, executed by the applicant for whom the name was reserved, and specifying the name and address of the transferee.
registered office and registered agent Sec. 9. Each corporation shall have and continuously maintain in the District of Columbia— (a) a registered office, which may be, but need not be, the same as its principal office; (b) a registered agent, which agent may be either an individual resident of the District of Columbia whose business office is identical with such registered office, a domestic corporation, whether for profit or not for profit, or a foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in the District of Columbia and having an office identical with such registered office.
change of registered office or registered agent Sec. 10. (a) The registered office of a corporation or its registered agent, or both, may be changed by delivering to the Commissioners a statement setting forth— (1) the name of the corporation; (2) the address, including street and number, if any, of its then registered office; (3) if the address of its registered office is to be changed, the address, including street and number, if any, to which the registered office is to be changed; (4) the name of its then registered agent; (5) if its registered agent is to be changed, the name of its successor registered agent; (6) that the address of its registered office and the address of the office of its registered agent as changed will be identical; and (7) that such change was authorized by resolution duly adopted by its board of directors or was authorized by an officer or the corporation duly empowered to make such change. (b) Such statement shall be executed in duplicate by the corporation by its president or a vice president, and the corporate seal shall be thereto affixed, attested by the secretary or an assistant secretary, and delivered to the Commissioners. If the Commissioners find that such statement conforms to law, they shall, when all fees and charges have been paid as in this Act prescribed— (1) endorse on each of such duplicate originals the word “Filed”, and the month, day, and year of the filing thereof; (2) file one of such duplicate originals in their office; (3) return the other duplicate original to the corporation or its representative. (c) The change of address of the registered office, or the change of registered agent, or both, as the case may be, shall become effective upon the filing of such statement by the Commissioners. (d) A corporation shall change its registered agent if the office of registered agent shall become vacant for any reason, or if its registered agent becomes disqualified or incapacitated, or if it revokes the appointment of its registered agent. 76 Stat. 271 (e) Any registered agent of a corporation may resign as such agent by delivering written notice thereof, executed in triplicate, to the Commissioners, who shall file one copy thereof in their office and forthwith mail a copy thereof to the corporation at its registered office and another copy to the corporation at its principal office in the District of Columbia as shown by the records of the Commissioners. The appointment of such agent shall terminate upon the expiration of thirty days after receipt of such notice by the Commissioners or upon the appointment of a successor agent becoming effective, whichever occurs sooner. No fee or other charge of any kind shall be imposed with respect to a filing under this subsection.
registered agent as an agent for service Sec. 11. (a) The registered agent appointed by a corporation as provided in this Act shall be an agent of such corporation upon whom any process, notice, or demand required or permitted by law to be served upon the corporation may be served. Service of any process, notice, or demand upon a corporate agent, as such agent, may be had by delivering a copy of such process, notice, or demand to the president, vice president, the secretary, or an assistant secretary of such corporate agent. (b) Whenever a corporation shall fail to appoint or maintain a registered agent in the District or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Commissioners shall be an agent of such corporation upon whom any such process, notice, or demand may be served. Service on the Commissioners of any such process, notice, or demand shall be made by delivering to and leaving with them or with any clerk having charge of their office duplicate copies of such process, notice, or demand. In the event that any such process, notice, or demand is served on the Commissioners, they shall immediately cause one of such copies thereof to be forwarded by registered or certified mail, addressed to the corporation at its registered office. (c) The Commissioners shall keep a record of all processes, notices, and demands served upon them under this section, and shall record therein the time of such service and their action with respect thereto. (d) Nothing herein contained shall limit or affect the right to serve any process, notice, or demand required or permitted by law to be served upon a corporation in any other manner now or hereafter permitted by law.
members Sec. 12. A corporation may have one or more classes of members or may have no members. If the corporation has one or more classes of members, the designation of such class or classes, the manner of election or appointment and the qualifications and rights of the members of each class shall be set forth in the articles of incorporation or the bylaws. If the corporation has no members, that fact shall be set forth in the articles of incorporation. A corporation may issue certificates evidencing membership therein.
bylaws Sec. 13. The initial bylaws of a corporation shall be adopted by its board of directors. The power to alter, amend, or repeal the bylaws or adopt new bylaws shall be vested in the board of directors unless otherwise provided in the articles of incorporation or the bylaws.
76 Stat. 272
meetings of members Sec. 14. (a) Meetings of members may be held at such place within or without the District of Columbia as may be provided in the bylaws or, where not inconsistent with the bylaws, in the notice of the meeting. (b) An annual meeting of the members shall be held at such time as may be provided in the bylaws. Failure to hold the annual meeting at the designated time shall not work a forfeiture or dissolution of the corporation. (c) Special meetings of the members may be called by the president, the secretary, the board of directors, or by such other officers or persons or number or proportion of members as may be provided in the articles of incorporation or the bylaws. In the absence of a provision fixing the number or proportion of members entitled to call a meeting, a special meeting of members may be called by members having at least one-twentieth of the votes entitled to be cast at such meeting.
notice of members’ meetings Sec. 15. Written or printed notice stating the place, day, and hour of the meeting and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall, in the absence of a provision in the bylaws specifying a different period of notice, be delivered not less than ten or more than fifty days before the date of the meeting, either personally or by mail, by or at the direction of the president, or the secretary, or the officers or persons calling the meeting, to each member entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the member at his address as it appears on the records of the corporation, with postage thereon prepaid.
voting Sec. 16. (a) Members shall not be entitled to vote except as the right to vote shall be conferred by the articles of incorporation. (b) A member may vote in person or, unless the articles of incorporation or the bylaws otherwise provide, may vote by proxy executed in writing by the member or his duly authorized attorney-in-fact. No proxy shall be valid after eleven months from the date of its execution, unless otherwise provided in the proxy. Where the articles of incorporation or the bylaws so provide, voting on all matters, including the election of directors or officers where they are to be elected by the members, may be conducted by mail. (c) The articles of incorporation or the bylaws may provide that in all elections for directors every member entitled to vote shall have the right to cumulate his vote and to give one candidate a number of votes equal to his vote multiplied by the number of directors to be elected, or by distributing such votes on the same principle among any number of such candidates. (d) If a corporation has no members or if the members have no right to vote, the directors shall have the sole voting power and shall have all of the authority and may take any action herein permitted members.
quorum Sec. 17. (a) The bylaws may provide the number or percentage of members entitled to vote represented in person or by proxy, or the number or percentage of votes represented in person or by proxy, which shall constitute a quorum at a meeting of members. In the absence of any such provision, members having at least one-tenth of76 Stat. 273 the votes entitled to be cast represented in person or by proxy shall constitute a quorum. The affirmative vote of a majority of the votes entitled to be cast by the members present or represented by proxy at a meeting at which a quorum is present, shall be necessary for the adoption of any matter voted upon by the members, unless a greater proportion is required by this Act, the articles of incorporation or the bylaws. (b) Unless otherwise provided by the articles of incorporation or the bylaws, the members present at a duly organized meeting may continue to do business until adjournment, notwithstanding the withdrawal of enough members to leave less than a quorum. (c) If a meeting cannot be organized because a quorum has not attended, those present may adjourn the meeting from time to time until a quorum is present, when any business may be transacted that may have been transacted at the meeting as originally called.
board of directors Sec. 18. The affairs of a corporation shall be managed by a board of directors. Directors need not be residents of the District of Columbia or members of the corporation unless the articles of incorporation or the bylaws so require. The articles of incorporation or the bylaws may prescribe other qualifications for directors.
number, election, classification, and removal of directors Sec. 19. (a) The number of directors of a corporation shall be not less than three. Subject to such limitation, the number of directors shall lie fixed by the bylaws, except as to the number of the first board of directors which number shall be fixed by the articles of incorporation. The number of directors may lie increased or decreased from time to time by amendment to the bylaws, unless the articles of incorporation provide that a change in the number of directors shall be made only by amendment of the articles of incorporation. No decrease in number shall have the effect of shortening the term of any incumbent director. In the absence of a bylaw fixing the number of directors, the number shall be the same as that stated in the articles of incorporation. (b) The names and addresses of the members of the first board of directors shall be stated in the articles of incorporation. Such persons shall hold office until the first annual election of directors or for such other period as may be specified in the articles of incorporation or the bylaws. Thereafter, directors shall be elected or appointed in the manner and for the terms provided in the articles of incorporation or the bylaws. In the absence of a provision fixing the term of office, the term of office of a director shall be one year. (c) Directors may be divided into classes and the terms of office of the several classes need not be uniform. Each director shall hold office for the term for which he is elected or appointed and until his successor shall have been elected or appointed and qualified, except in the case of ex officio directors. (d) A director may be removed from office pursuant to any procedure therefor provided in the articles of incorporation or the bylaws, and if none be provided may be removed at a meeting called expressly for that purpose, with or without cause, by such vote as would suffice for his election.
76 Stat. 274
vacancies Sec. 20. Any vacancy occurring in the board of directors and any directorship to be filled by reason of an increase in the number of directors may be filled by the affirmative vote of a majority of the then members of the board of directors, though less than a quorum of the board, unless the articles of incorporation or the bylaws provide that a vacancy or directorship so created shall be filled in some other manner, in which case such provision shall control. A director elected or appointed, as the case may be, to fill a vacancy shall be elected or appointed for the unexpired term of his predecessor in office.
quorum of directors Sec. 21. A majority of the number of directors fixed by the bylaws, or in the absence of a bylaw fixing the number of directors, then of the number stated in the articles of incorporation, shall constitute a quorum for the transaction of business, unless otherwise provided in the articles of incorporation or the bylaws; but in no event shall a quorum consist of less than one-third of the number of directors so fixed or stated. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors, unless the act of a greater number is required by this Act or by the articles of incorporation or the bylaws.
committees Sec. 22. If the articles of incorporation or the bylaws so provide, the board of directors, by resolution adopted by a majority of the directors in office, may designate and appoint one or more committees, each of which shall consist of two or more directors, which committees, to the extent provided in said resolution, in the articles of incorporation or in the bylaws of the corporation, shall have and exercise the authority of the board of directors in the management of the corporation. Other committees not having and exercising the authority of the board of directors in the management of the corporation may be designated and appointed by a resolution adopted by a majority or the directors present at a meeting at which a quorum is present. The designation and appointment of any such committee and the delegation thereto of authority shall not operate to relieve the board of directors, or any individual director, of any responsibility imposed upon it or him by law.
place and notice of directors’ meetings Sec. 23. Meetings of the board of directors, regular or special, may be held at such place within or without the District of Columbia, and upon such notice as may be prescribed in the bylaws or, where not inconsistent with the bylaws, by resolution of the board of directors. A director’s attendance at any meeting shall constitute waiver of notice of such meeting, excepting such attendance at a meeting by a director for the purpose of objecting to the transaction of business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the board of directors need be specified in the notice or waiver of notice of such meeting, unless otherwise provided in the articles of incorporation or the bylaws.
76 Stat. 275
officers Sec. 24. (a) The officers of a corporation shall consist of a president, a secretary, and a treasurer, and may include one or more vice presidents and such other officers and assistant officers as may be deemed necessary, each of whom shall be elected or appointed at such time and in such manner and for such terms not exceeding three years as may be prescribed in the articles of incorporation or the bylaws. In the absence of any such provision, all officers shall be elected or appointed annually by the board of directors. If the bylaws so provide, any two or more offices may be held by the same person, except the offices of president and secretary. (b) The articles of incorporation or the bylaws may provide that any one or more officers of the corporation or other organizations shall be ex officio members of the board of directors. (c) The officers of a corporation may be designated by such other titles as may be provided in the articles of incorporation or the bylaws. (d) All officers and agents of the corporation, as between themselves and the corporation, shall have such authority and perform such duties in the management of the property and affairs of the corporation as may be provided in the bylaws, or as may be determined by resolution of the board of directors not inconsistent with the bylaws.
removal of officers Sec. 25. Any officer or agent elected or appointed may be removed by the persons authorized to elect or appoint such officer or agent whenever in their judgment the best interest, of the corporation will be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the person so removed. Election or appointment of an officer or agent shall not itself create contract rights.
books and records Sec. 26. Each corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any of the authority of the board of directors; and shall keep at its registered office or principal office in the District of Columbia a record of the names and addresses of its members entitled to vote. All books and records of a corporation may be inspected by any member having voting rights, or his agent or attorney, for any proper purpose at any reasonable time.
shares of stock and dividends prohibited Sec. 27. A corporation shall not authorize or issue shares of stock. No dividend shall be paid and no part of the income of a corporation shall be distributed to its members, directors, or officers. A corporation may pay compensation, including pensions, in a reasonable amount to its members, directors, or officers for services rendered, may confer benefits upon its members in conformity with its purposes, and upon dissolution or final liquidation may make distributions to its members or others as permitted by this Act.
loans to directors and officers prohibited Sec. 28. No loans shall be made by a corporation, to its directors or officers. The directors of a corporation who vote for or assent to the making of a loan to a director or officer of the corporation, and any officer or officers participating in the making of such a loan, shall be76 Stat. 276 jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.
incorporators Sec. 29. Three or more natural persons of the age of twenty-one years or more may act as incorporators of a corporation by signing, verifying, and delivering in duplicate to the Commissioners articles of incorporation for such corporation.
articles of incorporation Sec. 30. (a) The articles of incorporation shall set forth— (1) the name of the corporation; (2) the period of duration, which may be perpetual; (3) the purpose or purposes for which the corporation is organized; (4) if the corporation is to have no members, a statement to that effect; (5) if the corporation is to have one or more classes of members, any provision which the incorporators elect to set forth in the articles of incorporation designating the class or classes of members, stating the qualifications and rights of the members of each class and conferring, limiting, or denying the right to vote; (6) if the directors or any of them are not to be elected or appointed by one or more classes of members, a statement of the manner in which such directors shall be elected or appointed; or that the manner of such election or appointment of such directors shall be provided in the bylaws; (7) any provisions, not inconsistent with law, which the incorporators elect to set forth in the articles of incorporation for the regulation of the internal affairs of the corporation, including any provision for distribution of assets on dissolution or final liquidation and any provision which under this Act is required or permitted to be set forth in the by laws; (8) the address, including street and number, if any, of its initial registered office, and the name of its initial registered agent at such address; (9) the number of directors constituting the initial board of directors, and the names and addresses, including street and number, if any, of the persons who are to serve as the initial directors until the first annual meeting or until their successors be elected and qualify; (10) the name and address, including street and number, if any, of each incorporator. (b) It shall not be necessary to set forth in the articles of incorporation any of the corporate powers enumerated in this Act. (c) Unless the articles of incorporation provide that a change in the number of directors shall be made only by amendment to the articles of incorporation, a change in the number of directors made by amendment to the bylaws shall be controlling. Whenever a provision of the articles of incorporation is inconsistent with a bylaw, the provision of the articles of incorporation shall be controlling.
filing of articles of incorporation Sec. 31. (a) Duplicate originals of the articles of incorporation shall be delivered to the Commissioners. (b) If the Commissioners find that the articles of incorporation conform to law, they shall, when all fees and charges have been paid as in this Act prescribed— 76 Stat. 277 (1) endorse on each of such duplicate originals the word “Filed” and the month, day, and year of filing thereof; (2) file one of such duplicate originals in their office; (3) issue a certificate of incorporation to which they shall affix the other duplicate original; (4) deliver the certificate of incorporation, together with the duplicate original of the articles of incorporation affixed thereto, to the incorporators or their representative.
effect of issuance of certificate of incorporation Sec. 32. Upon the Issuance of the certificate of incorporation, the corporate existence shall begin, and such certificate of incorporation shall lie conclusive evidence that all conditions precedent required to be. performed by the incorporators have been complied with and that the corporation has been incorporated under this Act, except as against the District of Columbia in a proceeding to cancel or revoke the certificate of incorporation.
organization meetings Sec. 33. (a) After the issuance of the certificate of incorporation an organization meeting of the board of directors named in the articles of incorporation shall be held within the United States at the call of a majority of the directors so named for the purpose of adopting bylaws (unless the power to adopt bylaws has been reserved by the articles of incorporation to the members, in which event the bylaws shall be adopted by the members), electing officers, and the transaction of such other business as may come before the meeting. The directors calling the meeting shall give at least five days notice thereof by mail to each director so named, which notice shall state the time and place of the meeting: Provided, however, That if all the directors shall waive notice in writing and fix a time and place for said organization meeting no notice shall lie required of such meeting. (b) A first meeting of the members may be held at the call of the directors, or a majority of them, upon at least five days’ notice, for such purposes as shall be stated in the notice of meeting.
right to amend articles of incorporation Sec. 34. A corporation may amend its articles of incorporation, from time to time, in any and as many respects as may be desired: Provided, That its articles of incorporation as amended contain only such provisions as might be lawfully contained in original articles of incorporation if made at the time of making such amendment.
procedure to amend articles of incorporation Sec. 35. Amendments to the articles of incorporation shall be made in the following manner: (a) Where there are members having voting rights, the board of directors shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of members having voting rights, which may be either an annual or a special meeting. (b) Written or printed notice setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each member entitled to vote at such meeting within the time and in the manner provided in this Act for the giving of notice of meetings of members. If the meeting be an76 Stat. 278 annual meeting, the proposed amendment or such summary shall lie included in the notice of such annual meeting. (c) The proposed amendment shall be adopted upon receiving the affirmative vote of at least two-thirds of the votes entitled to be cast by members present or represented by proxy at such meeting. (d) Where there are no members, or no members having voting rights, an amendment shall be adopted at a meeting of the board of directors upon receiving the vote of a majority of the directors in office. (e) Any number of amendments may be submitted and voted upon at any one meeting.
articles of amendment Sec. 36. The articles of amendment shall be executed in duplicate by the corporation by its president or a vice president, and the corporate seal shall be thereto affixed, attested by its secretary or an assistant secretary, and shall set forth— (a) the name of the corporation; (b) the amendment so adopted; (c) where there are members having voting rights, (1) a statement setting forth the date of the meeting of members at which the amendment was adopted, that a quorum was present at such meeting, and that such amendment received at least two-thirds of the votes entitled to be cast by members present or represented by proxy at such meeting, or (2) a statement that such amendment was adopted by a consent in writing signed by all members entitled to vote with respect thereto; (d) where there are no members, or no members having voting rights, a statement of such fact, -the date of the meeting of the board of directors at which the amendment was adopted, and a statement of the fact that such amendment received the vote of a majority of the directors in office.
filing of articles of amendment Sec. 37. (a) Duplicate originals of the articles of amendment shall be delivered to the Commissioners. (b) If the Commissioners find that the articles of amendment conform to law, they shall, when all fees and charges have been paid as in this Act prescribed— (1) endorse on each of such duplicate originals the word “Filed”, and the month, day, and year of the filing thereof; (2) file one of such duplicate originals in their office; (3) issue a certificate of amendment to which they shall affix the other duplicate original; (4) deliver the certificate of amendment, together with the duplicate original of the articles of amendment affixed thereto, to the corporation or its representative.
effect of certificate of amendment Sec. 38. (a) Upon the issuance of the certificate of amendment, the amendment shall become effective and the articles of incorporation shall be deemed to be amended accordingly. (b) No amendment shall affect any existing cause of action in favor of or against such corporation, or any pending suit to which such corporation shall be a party, or the existing rights of persons other than members; and, in the event the corporate name shall lie changed76 Stat. 279 by amendment, no suit brought by or against such corporation under its former name shall abate for that reason.
procedure for merger Sec. 39.

Any two or more domestic corporations subject to the provisions of this Act may merge into one of such corporations in the following manner:

The board of directors of each corporation shall, by resolution adopted by a majority vote of the members of each such board, approve a plan of merger setting forth—

 (a) the names of the corporations proposing to merge, and the name of the corporation into which they propose to merge, which is hereinafter designated as the surviving corporation; (b) the terms and conditions of the proposed merger; (c) a statement of any changes in the articles of incorporation of the surviving corporation to be effected by such merger; (d) such other provisions with respect to the proposed merger as are deemed necessary or desirable.
procedure for consolidation Sec. 40.

Any two or more domestic corporations subject to the provisions of this Act may consolidate into a new corporation in the following manner:

The board of directors of each corporation shall, by resolution adopted by a majority vote of the members of each such board, approve a plan of consolidation setting forth—

 (a) the names of the corporations proposing to consolidate, and the name of the new corporation into which they propose to consolidate, which is hereinafter designated as the new corporation; (b) the terms and conditions of the proposed consolidation; (c) with respect to the new corporation, all of the statements required to be set forth in articles of incorporation for corporations organized under this Act; (d) such other provisions with respect to the proposed consolidation as are deemed necessary or desirable.
approval of merger or consolidation Sec. 41. A plan of merger or consolidation shall be approved in the following manner: (a) Where the members of any merging or consolidating corporation have voting rights, the board of directors of such corporation shall adopt a resolution approving the proposed plan and directing that it be submitted to a vote at a meeting of members having voting rights, which may be either an annual or a special meeting. (b) Written or printed notice setting forth the proposed plan or a summary thereof shall be given to each member entitled to vote at such meeting within the time and in the manner provided in this Act for the giving of notice of meetings of members. (c) At each such meeting, a vote of the members shall be taken on the proposed plan of merger or consolidation. The plan of merger or consolidation shall be approved upon receiving the affirmative vote of at least two-thirds of the votes entitled to be cast by members present or represented by proxy at such meeting. (d) Where any merging or consolidating corporation has no members, or no members having voting rights, a plan of merger or consolidation shall be adopted at a meeting of the board of direc-76 Stat. 280tors of such corporation upon receiving the vote of a majority of the directors in office. (e) After such approval, and at any time prior to the filing of the articles of merger or consolidation, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation.
articles of merger or consolidation Sec. 42. (a) Upon such approval, articles of merger or articles of consolidation shall be executed in duplicate by each corporation by its president or a vice president, and the corporate seal of each such corporation shall be thereto affixed, attested by its secretary or an assistant secretary, and shall set forth— (1) the plan of merger or the plan of consolidation; (2) where the members of any merging or consolidating corporation have voting rights, then as to each such corporation (a) a statement setting forth the date of the meeting of members at which the plan was approved, that a quorum was present at such meeting, and that such plan received at least two-thirds of the votes entitled to be cast by members present or represented by proxy at such meeting, or (b) a statement that such amendment was approved by a consent in writing signed by all members entitled to vote with respect thereto; (3) where any merging or consolidating corporation has no members, or no members having voting rights, then as to each such corporation a statement of such fact, the date of the meeting of the board of directors at which the plan was approved and a statement of the fact that such plan received the vote of a majority of the directors in office. (b) Duplicate originals of the articles of merger or articles of consolidation shall be delivered to the Commissioners. (c) If the Commissioners find that such articles conform to law, they shall, when all fees and charges have been paid as in this Act prescribed— (1) endorse on each of such duplicate originals the word “Filed”, and the month, day, and year of the filing thereof; (2) file one of such duplicate originals in their office; (3) issue a certificate of merger or a certificate of consolidation to which they shall affix the other duplicate original; (4) deliver the certificate of merger or certificate of consolidation, together with the duplicate original of the articles of merger or articles of consolidation affixed thereto, to the surviving or new corporation, as the case may be, or its representative.
effective date of the merger or consolidation Sec. 43. Upon the issuance of the certificate of merger, or the certificate of consolidation by the Commissioners, the merger or consolidation shall be effected.
effect of merger or consolidation Sec. 44. When such merger or consolidation has been effected— (a) the several corporations parties to the plan of merger or consolidation shall be a single corporation, which, in the case of a merger, shall be that corporation designated in the plan of merger as the surviving corporation, and, in the case of a consolidation, shall be the new corporation provided for in the plan of consolidation; 76 Stat. 281 (b) the separate existence of all corporations parties to the plan of merger or consolidation, except the surviving or new corporation, shall cease; (c) such surviving or new corporation, as the case may be, shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a corporation organized under this Act; (d) such surviving or new corporation shall thereupon and thereafter possess all the rights, privileges, immunities, and franchises, as well of a public as of a private nature, of each of the merging or consolidating corporations; and all property—real, personal, and mixed—and all debts due on whatever account, and all other choses in action, and all and every other interest, of or belonging to or due to each of the corporations so merged or consolidated, shall be taken and deemed to lie transferred to and vested in such single corporation without further act or deed; and the title to any real estate or other property, or any interest therein, vested in any of such corporations shall not revert unless required by the terms of the gift, bequest, or devise, or be in any way impaired by reason of such merger or consolidât ion; (e) such surviving or new corporation shall thenceforth be responsible and liable for all the liabilities and obligations of each of the corporations so merged or consolidated; and any claim existing or action or proceeding pending by or against any of such corporations may be prosecuted to judgment as if such merger or consolidation had not taken place, or such surviving or new corporation may be substituted in its place. Neither the rights of creditors nor any liens upon the property of any such corporation shall be impaired by such merger or consolidation; (f) in the case of a merger, the articles of incorporation of the surviving corporation shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the articles of merger; and, in the case of a consolidation, the statements set forth in the articles of consolidation and which are required or permitted to be set forth in the articles of incorporation of corporations organized under this Act shall be deemed to be the articles of incorporation of the new corporation.
merger or consolidation of domestic and foreign corporations Sec. 45. One or more foreign corporations and one or more domestic corporations may be merged or consolidated if permitted by the laws of the State or country under which each such foreign corporation is organized. (a) Each domestic corporation shall comply with the provisions of this Act with respect to the merger or consolidation, as the case may be, of domestic corporations and each foreign corporation shall comply with the applicable provisions of the laws of the State or country under which it is organized. (b) If the surviving or new corporation, as the case may be, is to be governed by the laws of any State or country other than the District of Columbia, it shall comply with the provisions of this Act with respect to foreign corporations if it is to carry on its affairs in the District of Columbia, and in every case it shall deliver to the Commissioners, who shall file— (1) an agreement that it may be served with process in the District of Columbia in any proceeding for the enforcement of any obligation of any domestic corporation which is a party to such merger or consolidation; 76 Stat. 282 (2) an irrevocable appointment of the Commissioners of the District of Columbia as its agent to accept service of process in any such proceeding; and (3) a post office address to which the Commissioners may mail a copy of any service of process, notice, or demand against the corporation that may be served on them. (c) The effect of such merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations, if the surviving or new corporation is to be governed by the laws of the District of Columbia. If the surviving or new corporation is to be governed by the laws of any jurisdiction other than the District of Columbia, the effect of such merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations except insofar as the laws of such other jurisdiction provide otherwise.
sale, lease, exchange, c.r mortgage of assets Sec. 46. A sale, lease, exchange, mortgage, pledge, or other disposition of all, or substantially all, the property and assets of a corporation may be made upon such terms and conditions and for such consideration, which may consist in whole or in part of money or property, real or personal, including shares of any corporation for profit, domestic or foreign, as may be authorized in the following manner: (a) Where there are members having voting rights, the board of directors shall adopt a resolution recommending such sale, lease, exchange, mortgage, pledge, or other disposition and directing the submission thereof to a vote at a meeting of members having voting rights, which may be either an annual or a special meeting. (b) Written or printed notice stating that the purpose, or one of the purposes, of such meeting is to consider the sale, lease, exchange, mortgage, pledge, or other disposition of all, or substantially all, the property and assets of the corporation shall be given to each member entitled to vote at such meeting, within the time and in the manner provided by this Act for the giving of notice of meetings of members. (c) At such meeting the members may authorize such sale, lease, exchange, mortgage, pledge, or other disposition and may fix, or may authorize the board of directors to fix, any or all of the terms and conditions thereof and the consideration to be received by the corporation therefor. Such authorization shall require the vote of at least two-thirds of the votes entitled to be cast by members present or represented by proxy at such meeting. (d) After such authorization by a vote of members, the board of directors, nevertheless, in its discretion, may abandon such sale, lease, exchange, mortgage, pledge, or other disposition of assets, subject to the rights of third parties under any contracts relating thereto, without further action or approval by members. (e) Where there are no members, or no members having voting rights, a sale, lease, exchange, mortgage, pledge, or other disposition of all, or substantially all, the property and assets of a corporation shall be authorized upon receiving the vote of a majority of the directors in office.
76 Stat. 283
voluntary dissolution Sec. 47. A corporation may dissolve and wind up its affairs in the following manner: (a) Where there are members having voting rights, the board of directors shall adopt a resolution recommending that the corporation be dissolved, and directing that the question of such dissolution lie submitted to a vote at a meeting of members having voting rights, which may lie either an annual or a special meeting. Written or printed notice stating that the purpose, or one of the purposes, of such meeting is to consider the advisability of dissolving the corporation, shall be given to each member entitled to vote at such meeting, within the time and in the manner provided in this Act for the giving of notice of meetings of members. A resolution to dissolve the corporation shall be adopted upon receiving at least two-thirds of the votes entitled to be cast by members present or represented by proxy at such meeting. (b) Where there are no members, or no members having voting rights, the dissolution of the corporation shall be authorized at a meeting of the board of directors upon the adoption of a resolution to dissolve by the vote of a majority of the directors in office. (c) Upon the adoption of such resolution by the members, or by the board of directors where there are no members or no members having voting rights, the corporation shall cease to conduct its affairs except in so far as may be necessary for the winding up thereof, shall immediately cause a notice of the proposed dissolution to be mailed to each known creditor of the corporation, and shall proceed to collect its assets and apply and distribute them as provided in this Act.
distribution of assets Sec. 48. The assets of a corporation in the process of dissolution shall lie applied and distributed as follows: (a) All liabilities and obligations of the corporation shall be paid, satisfied, and discharged, or adequate provision shall be made therefor. (b) Assets held by the corporation upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the dissolution, shall be returned, transferred, or conveyed in accordance with such requirements. (c) Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational, or similar purposes, but not held upon a condition requiring return, transfer, or conveyance by reason of the dissolution, shall be transferred or conveyed to one or more domestic or foreign corporations, societies, or organizations engaged in activities substantially similar to those of the dissolving corporation, pursuant to a plan of distribution adopted as provided in this Act. (d) Other assets, if any, shall be distributed in accordance with the provisions of the articles of incorporation or the bylaws to the extent that the articles of incorporation or bylaws determine the distributive rights of members, or any class or classes of members, or provide for distribution to others. (e) Any remaining assets may be distributed to such persons, societies, organizations, or domestic or foreign corporations, whether for profit or not for profit, as may be specified if a plan of distribution adopted as provided in this Act.
76 Stat. 284
plan of distribution Sec. 49. A plan providing for the distribution of assets, not inconsistent with the provisions of this Act, may be adopted by a corporation in the process of dissolution and shall be adopted by a corporation for the purpose of authorizing any transfer or conveyance of assets for which this Act requires a plan of distribution, in the following manner: (a) Where there are members having voting rights the board of directors shall adopt a resolution recommending a plan of distribution and directing that the plan be submitted to a vote at a meeting of members having voting rights, which may be either an annual or a special meeting. Written or printed notice setting forth the proposed plan or distribution or a summary thereof shall be given to each member entitled to vote at such meeting, within the time and in the manner provided in this Act for the giving of notice of meetings of members. Such plan of distribution shall be adopted upon receiving at least two-thirds of the votes entitled to be cast by members present or represented by proxy at such meeting. (b) Where there are no members, or no members having voting rights, a plan of distribution shall be adopted at a meeting of the board of directors upon receiving the vote of a majority of the directors in office.
revocation of voluntary dissolution proceedings Sec. 50. A corporation may, at any time prior to the issuance of a certificate of dissolution by the Commissioners, as hereinafter provided, revoke the action theretofore taken to dissolve the corporation, in the following manner: (a) Where there are members having voting rights, the board of directors shall adopt a resolution recommending that the voluntary dissolution proceedings lie revoked, and directing that the question of such revocation lie submitted to a vote at a meeting of members having voting rights, which may be either an annual or a special meeting. Written or printed notice stating that the purpose, or one of the purposes, of such meeting is to consider the advisability of revoking the voluntary dissolution proceedings, shall be given to each member entitled to vote at such meeting, within the time and in the manner provided in this Act for the giving of notice of meetings of members. A resolution to revoke the voluntary dissolution proceedings shall be adopted upon receiving at least two-thirds of the votes entitled to be cast by members present or represented by proxy at such meeting. (b) Where there are no members, or no members having voting rights, a resolution to revoke the voluntary dissolution proceedings shall lie adopted at a meeting of the board of directors upon receiving the vote of a majority of the directors in office. (c) Upon the adoption of such resolution by the members, or by the board of directors where there are no members or no members having voting rights, the corporation may thereupon again conduct its affairs. If the articles of dissolution have been delivered to the Commissioners, notice of such revocation shall be given to them in writing.
76 Stat. 285
articles of dissolution Sec. 51. If voluntary dissolution proceedings have not been revoked, when all debts, liabilities, and obligations of the corporation shall have been paid and discharged, or adequate provisions shall have been made therefor, and all of the remaining property and assets of the corporation shall have been transferred, conveyed, or distributed in accordance with the provisions of this Act, articles of dissolution shall be executed in duplicate by the corporation by its president or a vice E resident, and the corporate seal shall be thereto affixed and attested y its secretary or an assistant secretary, and such statement shall set forth— (a) the name of the corporation; (b) where there are members having voting rights— (1) a statement setting forth the date of the meeting of members at which the resolution to dissolve was adopted, that a quorum was present at such meeting, and that such resolution received at least two-thirds of the votes entitled to be cast by members present or represented by proxy at such meeting, or (2) a statement that such resolution was adopted by a consent in writing signed by all members entitled to vote with respect thereto; (c) where there are no members, or no members having voting rights, a statement of such fact, the date of the meeting of the board of directors at which the resolution to dissolve was adopted and a statement of the fact that such resolution received the vote of a majority of the directors in office; (d) that all debts, liabilities, and obligations of the corporation have been paid and discharged or that adequate provision has been made therefor; (e) that all the remaining property and assets of the corporation have been transferred, conveyed, or distributed in accordance with the provisions of this Act; (f) that there are no suits pending against the corporation in any court, or that adequate provision has been made for the satisfaction of any judgment, order, or decree which may be entered against it in any pending suit.
filing of articles of dissolution Sec. 52. (a) Duplicate originals of such articles of dissolution shall be delivered to the Commissioners. (b) If the Commissioners find that such articles of dissolution conform to law, they shall, when all fees and charges have been paid as in this Act prescribed— (1) endorse on each of such duplicate originals the word “Filed”, and the month, day, and year of the filing thereof; (2) file one of such duplicate originals in their office; (3) issue a certificate of dissolution to which they shall affix the other duplicate original; (4) deliver the certificate of dissolution, together with the duplicate original of the articles of dissolution affixed thereto, to the representative of the dissolved corporation. (c) Upon the issuance of such certificate of dissolution the existence of the corporation shall cease, except for the purpose of suits, other proceedings, and appropriate corporate action by members, directors, and officers as provided in this Act.
76 Stat. 286
involuntary dissolution Sec. 53. (a) A corporation may be dissolved involuntarily by a decree of the court in an action instituted by the Commissioners in the name of the District of Columbia when it is made to appear to the court that— (1) the franchise of the corporation was procured through fraud; or (2) the corporation has continued to exceed or abuse the authority conferred upon it by this Act; or (3) the corporation has failed for ninety days to appoint and maintain a registered agent as provided in this Act; or (4) the corporation has failed for ninety days after change of its registered office or registered agent to deliver to the Commissioners a statement of such change. (b) At least thirty days before any action for the involuntary dissolution of a corporation shall be filed by the Commissioners, they shall notify the corporation by certified or registered mail addressed to such corporation at its registered office a notice of their intention to file such suit and the reason therefor. If, before action is filed, the corporation as the case may be shall submit satisfactory evidence that said franchise was not procured through fraud or that the corporation has not exceeded or abused such authority or shall appoint or maintain a registered agent as provided in this Act, or deliver to the Commissioners the required statement of change of registered agent, the Commissioners shall not file an action against such corporation for such cause. If, after action is filed, for a reason stated in paragraph (3) or (4) of the preceding subsection the corporation shall as the case may be appoint or maintain a registered agent as provided in this Act, or shall deliver to the Commissioners the required statement of change of registered agent, and shall pay the costs of such action, the action for such cause shall abate.
venue and process Sec. 54. In every action for the involuntary dissolution of a corporation hereinbefore provided, summons shall issue and be served as in other civil actions. In case a return is made thereon that no officer or agent of such corporation can be found within the territorial limits of the District of Columbia, then the Commissioners shall cause publication to lie made in some newspaper of general circulation published in the District of Columbia, containing a notice of the pendency of such action, the title of the court, the names of the parties thereto, and the date on or after which default may be entered. The Commissioners shall cause a copy of such notice to be mailed by registered or certified mail to the corporation at its registered office within ten days after the first publication thereof. The certificate of the Commissioners of the mailing of such notice shall be prima facie evidence thereof. Such notice shall be published at least once each week for two successive weeks, and the first publication thereof may begin at any time after the summons has been returned. Unless a corporation shall have been served with summons, no default shall lie taken against it earlier than thirty days after the first publication of such notice. The cost of publication of such notice shall be paid by the Commissioners, unless the decree is against the corporation and such cost is collected from it.
76 Stat. 287
jurisdiction or court to liquidate assets and affairs of corporation Sec. 55. The United States District Court for the District of Columbia shall have full power to liquidate the assets and affairs of a corporation— (a) in any action by a member or director when it is made to appear— (1) that the directors are deadlocked in the management of the corporate affairs and that irreparable injury to the corporation is being suffered or is threatened by reason thereof, and either that the members are unable to break the deadlock or there are no members having voting rights; or (2) that the acts of the directors or those in control of the corporation are illegal, oppressive, or fraudulent; or (3) that the corporate assets are being misapplied or wasted; or (4) that the corporation is unable to carry out its purposes; (b) in an action by a creditor— (1) T when the claim of the creditor has been reduced to judgment and an execution thereon has been returned unsatisfied and it is established that the corporation is insolvent; or (2) when the corporation has admitted in writing that the claim of the creditor is due and owing and it is established that the corporation is insolvent; (c) upon application by a corporation to have its dissolution continued under the supervision of the court; (d) when an action has been commenced by the Commissioners to dissolve a corporation and it is made to appear that liquidation of its affairs should precede the entry of a decree of dissolution; (e) it shall not be necessary to make directors or members parties to any such action or proceeding unless relief is sought against them personally.
procedure in liquidation of corporation by court Sec. 56. (a) In proceedings to liquidate the assets and affairs of a corporation the court shall have the power to issue injunctions, to appoint a receiver or receivers pendente lite, with such powers and duties as the court, from time to time, may direct, and to take such other proceedings as may be requisite to preserve the corporate assets wherever situated, and carry on the affairs of the corporation until a full hearing can be had. (b) After a hearing had upon such notice as the court may direct to be given to all parties to the proceedings and to any other parties in interest designated by the court, the court may appoint a liquidating receiver or receivers with authority to collect the assets of the corporation. Such liquidating receiver or receivers shall have authority, subject to the order of the court, to sell, convey, and dispose of all or any part of the assets of the corporation wherever situated, either at public or private sale. The order appointing such liquidating receiver or receivers shall state their powers and duties. Such powers and duties may be increased or diminished at any time during the proceedings. 76 Stat. 288 (c) The assets of the corporation or the proceeds resulting from a sale, conveyance, or other disposition thereof shall be applied and distributed as follows: (1) All costs and expenses of the court proceedings and all liabilities and obligations of the corporation shall be paid, satisfied, and discharged, or adequate provision shall be made therefor; (2) Assets held by the corporation upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the dissolution or liquidation, shall be returned, transferred, or conveyed in accordance with such requirements; (3) Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational, or similar purposes, but not held upon a condition requiring return, transfer, or conveyance by reason of the dissolution or liquidation, shall be transferred or conveyed to one or more domestic or foreign corporations, societies, or organizations engaged in activities substantially similar to those of the dissolving or liquidating corporation as the court may direct; (4) Other assets, if any, shall be distributed in accordance with the provisions of the articles of incorporation or the bylaws to the extent that the articles of incorporation or bylaws determine the distributive rights of members or any class or classes of members, or provide for distribution to others; (5) Any remaining assets may be distributed to such persons, societies, organizations, or domestic or foreign corporations, whether for profit or not for profit, specified in the plan of distribution adopted as provided in this Act, or where no plan of distribution has been adopted, as the court may direct. (d) The court shall have power to allow, from time to time, as expenses of the liquidation, compensation to the receiver or receivers and to attorneys in the proceeding, and to direct the payment thereof out of the assets of the corporation or the proceeds of any sale or disposition of such assets. (e) A receiver of a corporation appointed under the provisions of this section shall have authority to sue and defend in all courts in his own name as receiver of such corporation. The court appointing such receiver shall, for the purposes of this Act, have exclusive jurisdiction of the corporation and its property, wherever situated.
qualification of receivers Sec. 57. A receiver shall in all cases be a citizen of the United States or a corporation for profit authorized to act as receiver, w’hich corporation may be a domestic corporation or a foreign corporation authorized to transact business in the District of Columbia, and shall in all cases give such bond as the court may direct with such sureties as the court may require.
filing of claims in liquidation proceedings Sec. 58. In proceedings to liquidate the assets and affairs of a corporation the court may require all creditors of the corporation to file with the clerk of the court or with the receiver, in such form as the court may prescribe, proofs under oath of their respective claims. If the court requires the filing of claims it shall fix a date, which shall be not less than four months from the date of the order, as the last day for the filing of claims, and shall prescribe the notice that shall be76 Stat. 289 given to creditors and claimants of the date so fixed. Prior to the date so fixed, the court may extend the time for the filing of claims. Creditors and claimants failing to file proofs of claim on or before the date so fixed may be barred, by order of court, from participating in the distribution of the assets of the corporation.
discontinuance of liquidation proceedings Sec. 59. The liquidation of the assets and affairs of a corporation may be discontinued at any time during the liquidation proceedings when it is made to appear that cause for liquidation no longer exists. In such event the court shall dismiss the proceedings and direct the receiver to redeliver to the corporation all its remaining property and assets.
decree of dissolution Sec. 60. In proceedings to liquidate the assets and affairs of a corporation, when the costs and expenses of such proceedings and all debts, obligations, and liabilities of the corporation shall have been paid and discharged and all of its remaining property and assets distributed in accordance with the provisions of this Act, or in case its property and assets are not sufficient to satisfy and discharge such costs, expenses, debts, and obligations, and all the property and assets have been applied so far as they will go to their payment, the court shall enter a decree dissolving the corporation, whereupon the existence of the corporation shall cease.
filing of decree of dissolution Sec. 61. In case the court shall enter a decree dissolving a corporation, it shall be the duty of the clerk of the court to cause a certified copy of the decree to be delivered to the Commissioners, who shall file the same. No fee shall be charged by the Commissioners for the filing thereof.
deposits in registry of court Sec. 62. Upon the voluntary or involuntary dissolution of a corporation, the portion of the assets distributable to any person who is unknown or cannot be found, or who is under disability and there is no person legally competent to receive such distributive portion, shall be reduced to cash and deposited in the registry of the court and shall be paid over to such person or to his legal representative upon proof satisfactory to the court of his right thereto. If any portion thereof remain in the registry after ten years from the date of deposit, it shall escheat to the District of Columbia and shall be paid into the Treasury of the United States for the credit of the said District.
survival of remedy after dissolution Sec. 63. The dissolution of a corporation or the expiration of its period of duration shall not take away or impair any remedy available to or against such corporation, its directors, officers, or members for any right or claim existing, or any liability incurred, prior to such dissolution if suit or other proceeding thereon is commenced within two years after the date of such dissolution. Any suit or proceeding by or against the corporation may be prosecuted or defended by the corporation in its corporate name. The members, directors, and officers shall have power to take such corporate or other action as shall lie appropriate to protect such remedy, right, or claim. If such corpo-76 Stat. 290ration was dissolved by the expiration of its period of duration, such corporation may amend its articles of incorporation at any time during such period of two years so as to extend its period of duration.
admission of foreign corporation Sec. 64. (a) A foreign corporation to which this Act is applicable shall procure a certificate of authority from the Commissioners before it conducts affairs in the District, but no foreign corporation shall be entitled to procure a certificate of authority under this Act to conduct in the District any affairs which a corporation organized under this Act is not permitted to conduct. A foreign corporation shall not be denied a certificate of authority by reason of the fact that the laws of the state or country under which such corporation is organized governing its organization and internal affairs differ from the laws of the District, and nothing in this Act contained shall be construed to authorize the District to regulate the organization or the internal affairs of such corporation. (b) Without excluding other activities which may not constitute conducting affairs in the District of Columbia, a foreign corporation shall not be considered to be conducting affairs in the District for the purposes of this Act, by reason of conducting an isolated transaction completed in thirty days and not in the course of a number of repeated transactions of like nature or by reason of any one or more of the following activities in the District: (1) maintaining or defending any action or suit or any administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims or disputes; (2) holding meetings of its directors or members or carrying on other activities concerning its internal affairs; (3) maintaining bank accounts; (4) creating evidences of debt, mortgages, or liens on real or personal property; (5) collecting its debts, taking security for the same, or enforcing any rights in property securing the same.
powers of foreign corporation Sec. 65. (a) No foreign corporation to which this Act is applicable shall conduct in the District any affairs which may not be conducted by a corporation organized under this Act. (b) A foreign corporation which shall have received a certificate of authority under this Act shall, until a certificate of revocation or of withdrawal shall have been issued as provided in this Act, enjoy the same rights and privileges as, but no greater rights and privileges than, a domestic corporation organized for the purposes set forth in the application pursuant to which such certificate of authority is issued; and, except as in this Act otherwise provided, shall be subject to the same duties, restrictions, penalties, and liabilities now or hereafter imposed upon a domestic corporation of like character.
corporate name of foreign corporation Sec. 66. No certificate of authority shall be issued to a foreign corporation— (a) which has a name the same as, or deceptively similar to, the name of any domestic corporation, whether for profit or not for profit, organized under any Act of Congress authorizing the formation of corporations under the laws of the District of Columbia or that of any corporation created pursuant to any spe-76 Stat. 291cial Act of Congress to transact business or conduct affairs in the District, or that of any foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in the District, or a name, the exclusive, right to which is, at the time, reserved in the manner provided in this Act, or in accordance with the provisions of the District of Columbia Business Corporation Act;

68 Stat. 177.

D. C. Code 29–901.

 (b) unless the corporate name of such corporation is in English, or is transliterated into letters of the English alphabet if it is not in English.
change of name by foreign corporation Sec. 67. Whenever a foreign corporation which is authorized to conduct affairs in the District of Columbia shall change its name to one under which a certificate of authority would not be granted to it on application therefor, the authority of such corporation shall be suspended and it shall not thereafter conduct any affairs in the District until it has changed its name to a name which is available to it under the laws of the District.
application for certificate of authority Sec. 68. A foreign corporation, in order to procure a certificate of authority to conduct affairs in the District of Columbia, shall make application therefor to the Commissioners, which application shall set forth— (a) the name of the corporation and the State or country under the laws of which it is incorporated; (b) the date of incorporation and the period of duration of the corporation; (c) the address, including street and number, if any, of the principal office of the corporation in the State or country under the laws of which it is incorporated; (d) the address, including street and number, if any, of the proposed registered office of the corporation in the District, and the name of its proposed registered agent in the District at such address; (e) a brief statement of the purposes it proposes to pursue in conducting its affairs in the District; (f) the names and respective addresses, including street and number, if any, of the directors and officers of the corporation; (g) such additional information as may be necessary or appropriate in order to enable the Commissioners to determine whether such corporation is entitled to a certificate to conduct affairs in the District. Such application shall be executed in duplicate by the corporation by its president or a vice president, and the corporate seal shall be thereto affixed, attested by its secretary or an assistant secretary.
filing of application for certificate of authority Sec. 69. (a) There shall be delivered to the Commissioners— (1) duplicate originals of the application of the corporation for a certificate of authority; (2) a copy of its articles of incorporation and all amendments thereto, duly certified by the proper officer of the State or country under the laws of which it is incorporated. (b) If the Commissioners find that such application conforms to law, they shall, when all fees and charges have been paid as in this Act prescribed— 76 Stat. 292 (1) endorse on each of such duplicate originals the word “Filed”, and the month, day, and year of the filing thereof; (2) file in their office one of such duplicate originals of the application and the copy of the articles of incorporation and amendments thereto; (3) issue a certificate of authority to conduct affairs in the District to which they shall affix the other duplicate original application; (4) deliver the certificate of authority, together with the duplicate original of the application affixed thereto, to the corporation or its representative.
effect of certificate of authority Sec. 70. Upon the issuance of a certificate of authority by the Commissioners, the corporation shall have the right to conduct affairs in the District for those purposes set forth in its application, subject, however, to the right of the District to suspend or to revoke such authority as provided in this Act.
registered office and registered agent of foreign corporation Sec. 71. Each foreign corporation authorized to conduct affairs in the District shall have and continuously maintain in the District— (a) a registered office which may be, but need not be, the same as its principal office in the District; (b) a registered agent, which agent may be either an individual resident in the District whose business office is identical with such registered office, or a domestic corporation, whether for profit or not for profit, or a foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in the District, having a business office identical with such registered office.
change of registered office or registered agent of foreign corporation Sec. 72. (a) The registered office of a corporation or its registered agent, or both, may be changed by delivering to the Commissioners a statement setting forth— (1) the name of the corporation; (2) the address, including street and number, if any, of its then registered office; (3) if the address of its registered office is to be changed, the address, including street and number, if any, to which the registered office is to be changed; (4) the name of its then registered agent; (5) if its registered agent is to be changed, the name of its successor registered agent; (6) that the address of its registered office and the address of the office of its registered agent, as changed, will be identical; (7) that such change was authorized by resolution duly adopted by its board of directors, or was authorized by an officer of the corporation duly empowered to make such change. (b) Such statement shall be executed in duplicate by its president or vice president, and’the corporate seal shall be thereto affixed, attested by its secretary or an assistant secretary, and shall be delivered to the Commissioners. If the Commissioners find that such state-76 Stat. 293ment conforms to law, they shall, when all fees and charges have been paid as in this Act prescribed— (1) endorse on each of such duplicate originals the word “Filed”, and the month, day, and year of the filing thereof; (2) file one of such duplicate originals in their office; (3) return the other duplicate original to the corporation or its representative. (c) The change of address of the registered office, or the change of registered agent, or both, as the case may be, shall become effective upon the filing of such statement by the Commissioners. (d) A foreign corporation shall change its registered agent if the office of registered agent shall become vacant for any reason, or if its registered agent becomes disqualified or incapacitated to act, or if it revokes the appointment of its registered agent. (e) Any registered agent of a foreign corporation may resign as such agent by delivering a written notice thereof, executed in duplicate, to the Commissioners who shall tile one copy thereof in their office and forthwith mail a copy thereof to the corporation at its principal office in the state or country under the laws of which it is incorporated as the same appears in the records of the Commissioners. The appointment of such agent shall terminate upon the expiration of thirty days after receipt of such notice by the Commissioners or upon the appointment of a successor agent becoming effective, whichever occurs sooner. No fee or charge of any kind shall be imposed with respect to a filing under this subsection.
service of process on foreign corporation Sec. 73. (a) The registered agent so appointed by a foreign corporation authorized to conduct affairs in the District shall be an agent of such corporation upon whom any process, notice, or demand required or permitted by law to lie served upon the corporation, may be served. Service of any such process, notice, or demand upon a corporate agent, as such agent, may be had by delivering a copy of such process, notice, or demand to the president, vice president, the secretary, or an assistant secretary of such corporate agent. (b) Whenever a foreign corporation authorized to conduct affairs in the District shall fail to appoint or maintain a registered agent in the District, or whenever any such registered agent cannot with reasonable diligence be found at the registered office, or whenever the certificate of authority of a foreign corporation shall be suspended or revoked, then the Commissioners shall be an agent of such corporation upon whom any such process, notice, or demand may be served. Service on the Commissioners of any such process, notice, or demand shall lie made by delivering to and leaving with them, or with any clerk having charge of their office, duplicate copies of such process, notice, or demand. In the event any such process, notice, or demand is served on the Commissioners, they shall immediately cause one of such copies thereof to be forwarded by registered or certified mail, addressed to the corporation at its principal office in the state or country under the laws of which it is incorporated, as the same appears in the records of the Commissioners. (c) If any foreign corporation shall conduct affairs in the District without a certificate of authority, it shall by conducting such affairs be deemed to have thereby appointed the Commissioners its agent and representative upon whom any process, notice, or demand may be served. Service shall be made by delivery to and leaving with the Commissioners, or with any clerk having charge of their office, duplicate copies of such process, notice, or demand, together with an affi-76 Stat. 294davit giving the latest known post office address of such corporation, and such service shall be sufficient if notice thereof and a copy of the process, notice, or demand are forwarded by registered or certified mail, addressed to such corporation at the address given in such affidavit. (d) The Commissioners shall keep a record of all processes, notices, and demands served upon them under this section, and shall record therein the time of such service and their action with reference thereto. (e) Nothing herein contained shall limit or affect the right to serve any process, notice, or demand, required or permitted by law to be served upon a corporation in any other manner now or hereafter permitted by law.
amendment to articles of incorporation of foreign corporation Sec. 74. Whenever the articles of incorporation of a foreign corporation authorized to conduct affairs in the District are amended, such foreign corporation shall, within ninety days after such amendment becomes effective, file with the Commissioners a copy of such amendment duly certified by the proper officer of the state or country under the laws of which it is incorporated; but the filing thereof shall not of itself enlarge or alter the purpose or purposes which such corporation is authorized to pursue in conducting its affairs in the District, nor authorize such corporation to conduct affairs in the District under any other name than the name set forth in its certificate of authority.
merger of foreign corporation Sec. 75. Whenever a foreign corporation authorized to conduct affairs in the District shall be a party to a statutory merger permitted by the laws of the state or country under the laws of which it is incorporated, and such corporation shall be the surviving corporation, it shall, within ninety days after such merger becomes effective, deliver to the Commissioners a copy of the articles of merger duly certified by the proper officer of the state or country under the laws of which such statutory merger was effected; and it shall not be necessary for such corporation to procure either a new or amended certificate of authority to conduct affairs in the District unless the name of such corporation be changed thereby or unless the corporation desires to pursue in the District other or additional purposes than those which it is then authorized to pursue in the District.
amended certificate of authority Sec. 76. (a) A foreign corporation authorized to conduct affairs in the District shall procure an amended certificate of authority in the event it changes its corporate name, or desires to pursue in the District other or additional purposes than those set forth in its prior application for a certificate of authority, by making application therefor to the Commissioners. (b) The requirements in respect to the form and contents of such application, the manner of its execution, the delivering of duplicate originals thereof to the Commissioners, the issuance of an amended certificate of authority and the effect thereof, shall be the same as in the case of an original application for a certificate of authority.
76 Stat. 295
withdrawal of foreign corporation Sec. 77. (a) A foreign corporation authorized to conduct affairs in the District may withdraw from the District upon procuring from the Commissioners a certificate of withdrawal. In order to procure such certificate of withdrawal, such foreign corporation shall deliver to the Commissioners an application for withdrawal. (b) The application for withdrawal shall state— (1) the name of the corporation and the state or country under the laws of which it is incorporated; (2) that the corporation is not conducting affairs in the District; (3) that the corporation surrenders its authority to conduct affairs in the District; (4) that the corporation revokes the authority of its registered agent in the District to accept service of process and consents that service of process in any action, suit, or proceeding based upon any cause of action arising in the District during the time the corporation was authorized to conduct affairs in the District may thereafter be made on such corporation by service thereof on the Commissioners; (5) a post office address to which the Commissioners may mail a copy or any process against the corporation that may be served on them. (c) The application for withdrawal shall be executed by the corporation by its president or a vice president, and the corporate seal shall be thereto affixed, attested by its secretary or an assistant secretary, or, if the corporation is in the hands of a receiver or trustee, shall be executed on behalf of the corporation by such receiver or trustee and verified by him.
filing of application for withdrawal Sec. 78. (a) Duplicate originals of such application for withdrawal shall be delivered to the Commissioners. If the Commissioners find that such application conforms to law, they shall, when all fees have been paid as in this Act prescribed— (1) endorse on each of such duplicate originals the word “Filed”, and the month, day, and year of the filing thereof; (2) file one of such duplicate originals in their office; (3) issue a certificate of withdrawal to which they shall affix the other duplicate original; (4) deliver the certificate of withdrawal, together with the duplicate original of the application for withdrawal affixed thereto, to the corporation or its representative. (b) Upon the issuance of such certificate of withdrawal, the authority of the corporation to conduct affairs in the District shall cease.
revocation of certificate of authority Sec. 79. (a) The certificate of authority of a foreign corporation to conduct affairs in the District may be revoked by the Commissioners when they find that— (1) the certificate of authority of the corporation was procured through fraud practiced upon the District; or (2) the corporation has continued to exceed or has abused the authority conferred upon it by this Act; or (3) the corporation has failed for a period of ninety days to pay any fees, charges, or penalties prescribed by this Act; or (4) the corporation has failed for a period of ninety days to appoint and maintain a registered agent in the District; or 76 Stat. 296 (5) the corporation has failed for ninety days after change of its registered office or registered agent to file with the Commissioners a statement of such changes; or (6) the corporation for a period of two years has not conducted any affairs in the District; or (7) the corporation has failed to file with the Commissioners a duly certified copy of each amendment to its articles of incorporation within ninety days after such amendment becomes effective; or (8) a misrepresentation has been made of any material matter in any application, report, affidavit, or other document submitted by such corporation pursuant to this Act. (b) No certificate of authority of a foreign corporation shall be revoked by the Commissioners unless (1) they shall have given the corporation not less than thirty days’ notice thereof by certified or registered mail addressed to such corporation at its principal office in the state or country under the laws of which such corporation is organized, as the same appears in the records of the Commissioners or at its registered office in the District, and (2) the corporation, prior to such revocation and as the case may be, shall fail to submit satisfactory evidence that said certificate was not procured by such fraud, or that the corporation has not exceeded or abused such authority, or shall fail to pay such fees, charges, or penalties, or shall fail to appoint a registered agent in the District, or shall fail to file the required statement of change of registered office or registered agent, or shall fail to file a statement showing that it has conducted affairs in the District within a period of two years, or shall fail to file a copy of any such amendment to its articles of incorporation, or shall fail to submit satisfactory evidence that a misrepresentation of a material matter was not made in any such application, report, affidavit, or other document.
issuance of certificate of revocation Sec. 80. (a) Upon revoking any such certificate of authority, the Commissioners shall— (1) issue a certificate of revocation in duplicate; (2) file one of such certificates in their office; (3) mail the other such certificate to such corporation at its registered office in the District or to its principal place of business as the same appears in the records of the Commissioners. (b) Upon the issuance of such certificate of revocation, the authority of the corporation to conduct affairs in the District shall cease.
application to foreign corporations conducting affairs on the effective date of this act Sec. 81. Foreign corporations conducting affairs in the District at the time this Act takes effect for a purpose or purposes for which a certificate of authority is required under the provisions of this Act shall, within six months after the effective date of this Act, procure a certificate of authority and shall otherwise comply with all applicable provisions of this Act. Failure to secure a certificate of authority within the time provided in this section shall subject the corporation to all the penalties, liabilities, and restrictions provided in this Act for conducting affairs without a certificate of authority.
76 Stat. 297
conducting affairs without certificate of authority Sec. 82. (a) No foreign corporation which is conducting affairs in the District without a certificate of authority shall be permitted to maintain any action, suit, or proceeding in any court of the District until such corporation shall have obtained a certificate of authority. Nor shall any action, suit, or proceeding be maintained in any court of the District by any successor or assignee of such corporation on any right, claim, or demand arising out of the conduct of affairs by such corporation in the District, until a certificate of authority shall have been obtained by such corporation or by a corporation which has acquired all or substantially all of its assets. (b) The failure of a foreign corporation to obtain a certificate of authority to conduct affairs in the District shall not impair the validity of any contract or act of such corporation, and shall not prevent such corporation from defending any action, suit, or proceeding in any court of the District. (c) A foreign corporation which conducts affairs in the District without a certificate of authority shall be liable to the District for the years or parts thereof during which it conducted affairs in the District without a certificate of authority, in an amount equal to all fees, penalties, and other charges which would have been imposed by this Act upon such corporation had it duly applied for and received a certificate of authority to conduct affairs in the District as required by this Act and thereafter filed all reports required by this Act; and, in addition thereto, it shall be liable for a penalty to be assessed by the Commissioners of not in excess of $200. The Commissioners shall bring proceedings to recover all amounts due the District under the provisions of this section. Such charges and penalties shall be paid to the District before any certificate of authority is issued to such foreign corporation.
annual report of domestic and foreign corporations Sec. 83. (a) Each domestic corporation, and each foreign corporation authorized to conduct affairs in the District, shall prepare an annual report setting forth— (1) the name of the corporation and the State or country under the laws of which it is incorporated; (2) the address, including street and number, if any, of its registered office in the District, and the name of its registered agent at such address, and, in the case of a foreign corporation, the address, including street and number, if any, of its principal office in the state or country under the laws of which it is incorporated; (3) a brief statement of the character of the affairs which the corporation is actually conducting, or, in the case of a foreign corporation, which the corporation is actually conducting m the District; (4) the names and respective addresses, including street and number, if any, of the directors and officers of the corporation. (b) Such annual report shall be made on forms prescribed and furnished by the Commissioners, and the information therein contained shall be given as of the date of the execution of the report. It shall be executed by the corporation by its president, a vice president, secretary, an assistant secretary, treasurer, or assistant treasurer, or, if the corporation is in the hands of a receiver or trustee, it shall be executed on behalf of the corporation by such receiver or trustee.
76 Stat. 298
filing of annual report of domestic and foreign corporations Sec. 84. Such annual report of a domestic or foreign corporation shall be delivered to the Commissioners on or before the fifteenth day of April of each year, except that the first annual report of a domestic or foreign corporation shall be delivered to the Commissioners on or before the fifteenth day of April of the year next succeeding the calendar year in which its certificate of incorporation or its certificate of authority, as the case may be, was issued by the Commissioners. Proof to the satisfaction of the Commissioners that prior to the fifteenth day of April such report was deposited in the United States mail in a sealed envelope, properly addressed, with postage prepaid, shall be deemed a compliance with this requirement. If the Commissioners find that such report conforms to law, they shall file the same. If they find that it does not so conform, they shall promptly return the same to the corporation for any necessary corrections, in which event the penalties hereinafter prescribed for failure to file such report within the time hereinabove provided shall not apply) if such report is corrected to conform to the requirements of this Act and returned to the Commissioners in sufficient time to be filed prior to the first day of July of the year in which it is due.
effect of failure to pay annual report fee or to file annual report Sec. 85. If any corporation incorporated under this Act, or any corporation which has elected to accept this Act, or any foreign corporation having a certificate of authority issued under this Act, shall for two consecutive years fail or refuse to pay any annual report fee or fees payable under this Act, or fail or refuse to file any annual report as required by this Act for two consecutive years, then, in the case of a domestic corporation, the articles of incorporation shall be void and all powers conferred upon such corporation are declared inoperative, and, in the case of a foreign corporation, the certificate of authority shall be revoked and all powers conferred thereunder shall be inoperative.
proclamation of revocation Sec. 86. (a) On the second Monday in September of each year, the Commissioners shall issue a proclamation listing the names of all domestic corporations and all foreign corporations which have failed or refused to pay any annual report fee or fees or failed or refused to file any annual report as required by this Act for two consecutive years next preceding June 30 in the year in which such proclamation is issued and upon the issuance of such proclamation the articles of incorporation or the certificate of authority, as the case may be, shall lie void and all powers thereunder inoperative without further proceedings of any kind. (b) The proclamation of the Commissioners shall be filed in their office and shall lie published once during the month of September in each of two daily newspapers of general circulation in the District of Columbia. (c) Upon publication of the proclamation of revocation as provided in this Act each domestic corporation listed in such proclamation shall lie deemed to have been dissolved without further legal proceedings and each such corporation shall cease to carry on its business and shall, after paying or adequately providing for the payment of all of its obligations, distribute the remainder of its assets, as in this Act provided with respect to dissolved corporations. 76 Stat. 299 (d) All domestic corporations the articles of incorporation of which are revoked by proclamation or the term of existence of which expires by limitation set forth in its articles of incorporation shall nevertheless be continued for the term of three years from the date of such revocation or expiration bodies corporate for the purpose of prosecuting and defending suits by or against them, and of enabling them to pay, satisfy, and discharge their liabilities and obligations and, after paying or adequately providing for the payment of all its obligations, to distribute the remainder of their assets, as in this Act provided with respect to dissolved corporations, but not for the purpose of continuing to conduct the affairs for which such corporation shall have been organized: Provided, however, That with respect to any action, suit, or proceeding begun or commenced by or against a corporation prior to such revocation or expiration and with respect to any action, suit, or proceeding begun or commenced by or against such corporation within three years after the date of such revocation or expiration, such corporation shall only for the purpose of such actions, suits, or proceedings so begun or commenced be continued a body corporate beyond said three-year period and until any judgments, orders, or decrees therein shall be fully executed.
penalty for conducting affairs after issuance of proclamation Sec. 87. Any corporation, person, or persons who shall exercise or attempt to exercise any powers under articles of incorporation of a domestic corporation or under a certificate of authority of a foreign corporation which has been revoked shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $500 or by imprisonment not exceeding one year, or both.
correction of error in proclamation Sec. 88. Whenever it is established to the satisfaction of the Commissioners that any corporation named in said proclamation has not failed or refused to pay any annual report fee or file any annual report for two consecutive years, or has been inadvertently included in the list of corporations as so failing or refusing to pay annual report fees or file reports, the Commissioners are authorized to correct such mistake by issuing a proclamation to that effect and restoring the articles of incorporation or certificate of authority, as the case may be, to good standing with like effect as if such proclamation of revocation, as to such corporation, had not been issued.
reservation of name of proclaimed corporation Sec. 89. The Commissioners shall reserve the names of all corporations the articles of incorporation of which have been revoked and of all foreign corporations the certificates of authority of which have been revoked until December 31 of the year in which the proclamation of revocation was issued and no domestic corporation shall be formed nor the name of any such domestic corporation changed to a name the same as or deceptively similar to such reserved name nor shall any foreign corporation be authorized to do business under a name the same as or deceptively similar to such reserved name.
76 Stat. 300
reinstatement of proclaimed corporations Sec. 90. (a) A domestic corporation, the articles of incorporation of which have been revoked, may at any time after the date of the issuance of the proclamation of revocation deliver to the Commissioners a petition for reinstatement, in duplicate, accompanied by the delinquent annual report or reports, or payment of delinquent annual report fee or fees in full, or both, as the case may be, plus interest thereon as provided by this Act, together with any penalties imposed by this Act. The Commissioners, if they find that all such documents conform to law, and that the period for reservation of the name has not expired, or if such period has expired, that the name is available for corporate use pursuant to the provisions of this Act, shall file them in their office and shall issue their certificate of reinstatement which shall have the effect of annulling the revocation proceedings theretofore taken as to such corporation and such corporation shall have such powers, rights, duties, and obligations as it had at the time of the issuance of the proclamation with the same force and effect as to such corporation as if the proclamation had not been issued. (b) If the petition for reinstatement of a proclaimed corporation is delivered to the Commissioners after the period for reservation of the name has expired and if they find that the name is not available for corporate use pursuant to the provisions of this Act, then, in addition to complying with the provisions of the preceding paragraph the proclaimed corporation shall set forth in its petition for reinstatement its name at the time its articles of incorporation were proclaimed void and the new name by which the corporation will thereafter be known, which shall be a name available for corporate use pursuant to the provisions of this Act. (c) A foreign corporation whose certificate of authority has been revoked shall, upon reentering the District, comply with all of the requirements of law applicable to an original application for a certificate of authority, including the payment of the filing fee for filing an application for a certificate of authority, but it need not file again a copy of its articles of incorporation or any amendment thereof that is then on file with the Commissioners. After the revocation of the certificate of authority of a foreign corporation, the Commissioners shall retain the articles of incorporation and amendments theretofore filed and the original application for a certificate of authority for a period of ten years.
penalties imposed upon corporations Sec. 91. Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year within the time prescribed by this Act shall be subject to a penalty of $5 to be assessed by the Commissioners.
fees for filing documents and issuing certificates Sec. 92. The Commissioners shall charge and collect for— (a) filing articles of incorporation and issuing a certificate of incorporation, $10; (b) filing articles of amendment and issuing a certificate of amendment, $5; (c) filing articles of merger or consolidation and issuing a certificate of merger or consolidation, $5; (d) filing a statement of change of address or registered office or change of registered agent, or both, $1; 76 Stat. 301 (e) filing articles of dissolution, $1; (f) filing an application for reservation of a corporate name or for a renewal of reservation, $5; (g) filing notice of transfer of a reserved corporate name, $5; (h) filing statement of election to accept this Act and issuing certificate of acceptance, $10; (i) filing an application of a foreign corporation for a certificate of authority to conduct affairs in the District and issuing a certificate of authority, $10; (j) filing an application of a foreign corporation for an amended certificate of authority to conduct affairs in the District and issuing an amended certificate of authority, $5; (k) filing a copy of an amendment to the articles of incorporation of a foreign corporation holding a certificate of authority to conduct affairs in the District, $5; (l) filing a copy of articles of merger of a foreign corporation holding a certificate of authority to conduct affairs in the District, $5; (m) filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal, $1; (h) filing application for reinstatement of a domestic or foreign corporation and issuing certificate of reinstatement, $10; (o) filing any other statement or report, including an annual report, of a domestic or foreign corporation, $1; (p) indexing each document filed, except an annual report, $2; (q) furnishing a certified copy of any document, instrument, or paper relating to a corporation, $5; (r) furnishing a certificate as to the existence or nonexistence of a fact relating to a corporation, $1; (s) The Commissioners are authorized to make regulations providing for reasonable fees for other services not listed in this section.
commissioners: duties and functions Sec. 93. (a) The Commissioners shall have the power and authority reasonably necessary to enable them to administer this Act efficiently and to perform the duties therein imposed upon them. (b) The Commissioners shall be charged with the administration and enforcement of this Act. Said Commissioners are authorized to employ such personnel as may be necessary for the administration of this Act, within appropriations made by Congress. The compensation of such personnel shall be fixed in accordance with the provisions of the Classification Act of 1949, as amended.

63 Stat. 954.

5 USC 1071 note.

 (c) The Commissioners may transfer any or all of the functions vested in them by this Act to any agent designated by them pursuant to law. It shall be the duty of any officer or agency of the government of the District of Columbia to perform any function delegated to such officer or agency by the Commissioners pursuant to this Act. (d) Every certificate and other document or paper executed by the Commissioners, in pursuance of any authority conferred upon them by this Act, and sealed with the seal prescribed by subsection (c) of section 120 of the District of Columbia Business Corporation Act, and

68 Stat. 228.

D. C. Code 29–935.

 all copies of such papers, as well as of documents and other papers filed in accordance with the provisions of this Act, when certified by them and authenticated by said seal, shall have the same force and effect, as evidence as would the originals thereof in any action or proceeding in any court and before a public officer, or official body. (e) The Commissioners are authorized to make, modify, and enforce such regulations as they may deem necessary to carry out the provisions76 Stat. 302 of this Act, prescribe penalties for the violation of any such regulation not exceeding a fine of $300 or imprisonment for ninety days, or both, and to prescribe such forms and procedures for use in the conduct of the business of any office or agency established by them as they may deem appropriate.
appeal from commissioners Sec. 94. (a) If the Commissioners shall fail to approve any articles of incorporation, amendment, merger, consolidation, or dissolution, or any other document required by this Act to be approved by the Commissioners before the same shall be filed in their office, they shall, within ten days after the delivery thereof to them, give written notice of their disapproval to the person or corporation, domestic or foreign, delivering the same, specifying the reasons therefor. From such disapproval such person or corporation may appeal to the United States District Court for the District of Columbia by filing with the clerk of such court a petition setting forth a copy of the articles or other document sought to be filed and a copy of the written disapproval thereof by the Commissioners; whereupon the matter shall be tried de novo by the court, and the court shall either sustain the action of the Commissioners or direct them to take such action as the court may deem proper. (b)

If the Commissioners shall revoke the certificate of authority to conduct affairs in the District of any foreign corporation, pursuant to the provisions of this Act, such foreign corporation may likewise; appeal to the United States District Court for the District of Columbia by filing with the clerk of such court a petition setting forth a copy of its certificate of authority to conduct affairs in the District and a copy of the notice or revocation given by the Commissioners; whereupon the matter shall be tried de novo by the court, and the court shall either sustain the action of the Commissioners or direct them to take such action as the court may deem proper.

Appeals from all final orders and judgments entered by the United States District Court for the District of Columbia under this section in review of any ruling or decision of the Commissioners may be taken as in other civil actions.
certificates and certified copies to be received in evidence Sec. 95. All certificates issued by the Commissioners in accordance with the provisions of this Act, and all copies of documents filed in their office in accordance with the provisions of this Act when certified by them, shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the facts therein stated. A certificate by the Commissioners under the seal of their office, as to the existence or nonexistence of the facts relating to corporations which would not appear from a certified copy of any of the foregoing documents or certificates shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the existence or nonexistence of the facts therein stated.
forms to be furnished by commissioners Sec. 96. All reports required by this Act to be filed in the office of the Commissioners shall be made on forms which shall be prescribed and furnished by the Commissioners. Forms for all other documents to be filed in the office of the Commissioners shall be furnished by the Commissioners on request therefor, but the use thereof, unless otherwise specifically prescribed in this Act, shall not be mandatory.
76 Stat. 303
greater voting requirements Sec. 97. Whenever/ with respect to any action to be taken by the members or directors of a corporation, the articles of incorporation require the vote or concurrence of a greater proportion of the members or directors, as the case may be, than required by this Act with respect to such action, the provisions of the articles of incorporation shall control.
waiver of notice Sec. 98. Whenever any notice is required to be given to any member or director of a corporation under the provisions of this Act or under the provisions of the articles of incorporation or bylaws of the corporation, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be equivalent to the giving of such notice. Presence without objection also waives notice.
action by members or directors without a meeting Sec. 99.

Any action required by this Act to be taken at a meeting of the members or directors of a corporation, or any action which may be taken at a meeting of the members or directors, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the members entitled to vote with respect to the subject matter thereof, or all of the directors, as the case may be.

Such consent shall have the same force and effect as a unanimous vote, and may be stated as such in. any articles or document filed with the Commissioners under this Act.
unauthorized assumption of corporate powers Sec. 100. All persons who assume to act as a corporation without authority so to do shall be jointly and severally liable for all debts and liabilities incurred or arising as a result thereof.
procedure to elect to accept act Sec. 101. Any corporation which is organized and existing under the laws of the District of Columbia or under any special Act of Congress on the date this Act takes effect, and which is organized not for profit, and is without authority to issue shares of stock, and is organized for a purpose or purposes for which a corporation may be organized under the provisions of this Act may elect to avail itself of the provisions of this Act in the following manner: (a) Where there are members having voting rights, the board of directors shall adopt a resolution recommending that the corporation accept this Act and directing that the question of such acceptance be submitted to a vote at a meeting of the members having voting rights, which may be either an annual meeting or a special meeting. Written or printed notice setting forth the proposal to accept this Act shall be given to each member entitled to vote at such meeting within the time and in the manner provided in this Act for the giving of notice of meetings of members. The proposal to elect to accept this Act shall be adopted upon receiving at least two-thirds of the vote entitled to be cast by members present or represented by proxy at such meeting. (b) Where there are no members, or no members having voting rights, the election to accept this Act may be adopted at a meeting of the board of directors upon receiving the vote of at least a majority of the directors in office.
76 Stat. 304
statement of election to accept this act Sec. 102. The statement of election to accept this Act shall be executed in duplicate by the corporation by its president or vice president, and the corporate seal shall be thereto affixed, attested by its secretary, or an assistant secretary, and shall set forth— (a) the name of the corporation; (b) a statement by the corporation that it has elected to accept this Act; (c) where there are members having voting rights— (1) a statement setting forth the date of the meeting of the members at which the election to accept this Act was adopted; that a quorum was present at such meeting, and that such acceptance received the affirmative vote of at least two-thirds of the votes entitled to be cast by members present or represented by proxy at such meeting, or (2) a statement that such election to accept this Act was adopted by a consent, in writing, signed by all members entitled to vote with respect thereto; (d) where there are no members or no members having voting rights, a statement of such fact, the date of the meeting of the board of directors at which the election to accept this Act was adopted, and the statement of the fact that such acceptance received the vote of a majority of the directors in office; (e) the purpose or purposes (which may be different from its existing purposes) which it will thereafter pursue, and shall not include any purpose prohibited to a corporation organized under this Act; (f) if the corporation has no members, a statement to that effect; (g) if the corporation has members, there shall be set forth— (1) the number of classes of members; (2) if there is more than one class of members, a statement of the qualifications and rights and limitations of each class of members; (3) if members, or any class or classes of members, are not entitled to vote, a statement to that effect; (4) if members, or any class or classes of members are entitled to vote, a statement setting forth the voting rights and of any limitation or limitations thereof of members or of any class or classes thereof; (h) any other provision, not inconsistent with law, or this Act, for the regulation of the internal affairs of the corporation; (i) the address, including street and number, if any, of its registered office in the District of Columbia and the name of its registered agent at such address; (j) the names and respective addresses, including street and number, if any, of its officers and directors; (k) it shall not be necessary to set forth in the statement of election to accept this Act any of the corporate purposes enumerated in this Act. Whenever a prevision in the statement of election to accept this Act is inconsistent with a bylaw, the prevision „r the statement of election to accept this Act shall be controlling.
filing of statement of election to accept this act Sec. 103. (a) Duplicate originals of the statement of election to accept this Act shall be delivered to the Commissioners. 76 Stat. 305 (b) If the Commissioners find that the statement of election to accept this Act conforms to law, they shall, when all fees and charges have been paid as in this Act prescribed— (1) endorse on each of such duplicate originals the word “Filed”, and the month, day, and year of the filing thereof; (2) file one of such duplicate originals in their office; (3) issue a certificate of acceptance, to which they shall affix the other duplicate original; (4) deliver such certificate of acceptance with the other duplicate original affixed thereto to the corporation or its representative.
effect of certificate of acceptance Sec. 104. (a) Upon the issuance of a certificate of acceptance as hereinbefore provided, the election of the corporation to accept this Act shall become effective and the existence of the corporation shall be continued under this Act and such certificate shall be conclusive evidence that all conditions precedent required to be performed under this Act have been complied with and that the corporation has elected to accept the provisions of this Act and the corporation shall be entitled to and be possessed of all of the privileges and powers and franchises and be subject to all of the provisions of this Act as fully and to the same extent as if such corporation had been originally incorporated under this Act; and all privileges, franchises, and powers theretofore belonging to said corporation and all property, real, personal, and mixed, and all debts due on whatever account, and all choses in action, and all and every other interest of or belonging to or due such corporation shall lie and the same are hereby ratified, approved and confirmed and assured to such corporation with like effect and to all intents and purposes as if the same had been originally acquired through incorporation under this Act; but no contract, debt, claim, duty, liability, or obligation of any corporation to which a certificate of acceptance has been issued shall lie affected or impaired in any way nor shall the rights of creditors or any liens upon the property of such corporation be affected or impaired by such election to accept this Act. (b) Neither the issuance of a certificate of acceptance to a corporation created under the provisions of a special Act of Congress, nor the adoption of any amendment pursuant to this Act, shall release or terminate any duty or obligation expressly imposed upon any such corporation under and by virtue of the special Act of Congress under which it was created or any amendment made thereto, nor enlarge any right, power, or privilege granted any such corporation by such special Act except to the extent that such right, power, or privilege might have been included in the articles of incorporation of a corporation organized under this Act.
actions to be in name of district of columbia Sec. 105. All civil actions under this Act which the Commissioners are authorized to commence, and all prosecutions for violations of the provisions of this Act or of regulations promulgated under the authority of this Act, shall be brought in the name of the District of Columbia by the Corporation Counsel of the District of Columbia. As used in this Act the term “Corporation Counsel” means the attorney for the District, by whatever title such attorney may be known, designated by the Commissioners to perform the functions prescribed for the Corporation Counsel in this Act.
76 Stat. 306
bight of repeal reserved Sec. 106. Congress reserves the right to alter, amend, or repeal this Act, or any part thereof, or any certificate of incorporation or certificate of authority issued pursuant to its provisions.
act not to affect internal revenue code of 1954 Sec. 107. Nothing in this Act shall be construed as repealing or

26 USC 1 et seq.

 affecting any provision of the Internal Revenue Code of 1954.
effect of invalidity of part of this act Sec. 108. If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section, or part of this Act, such judgment or decree shall not affect, impair, invalidate, or nullify the remainder of this Act, but the effect thereof shall be confined to the clause, sentence, paragraph, section, or part of this Act so adjudged to be invalid or unconstitutional.
effect of false statement Sec. 109. A person who signs any instrument delivered to the Commissioners pursuant to this Act, knowing it to contain a misstatement of fact, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $500 or by imprisonment for not exceeding one year, or by both such fine and imprisonment.
effective date Sec. 110. This Act shall take effect one hundred and eighty days after the date of its approval.
appropriation of funds Sec. 111. There are hereby authorized to be appropriated from any moneys in the Treasury of the United States to the credit of the District of Columbia, such amounts as may be necessary to carry into effect the provisions of this Act.
Approved August 6, 1962.
Public Law 87–570: Authorizing the change in name of the Beardstown, Illinois, flood control project, to the Sid Simpson flood control project. Public Law 570 Public Law 87–570 76 Stat. 306 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–570
AN ACT Authorizing the change in name of the Beardstown, Illinois, flood control project, to the Sid Simpson flood control project.

August 6, 1962

[H. R. 11735]

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

Illinois.

Sid Simpson flood control project, designation.

64 Stat. 175.
That the Beardstown flood control project, Illinois River, Illinois, authorized by the Flood Control Act of May 17, 1950, in accordance with the provisions of House Document Numbered 332, Eighty-first Congress, shall hereafter lie known and designated as the Sid Simpson flood control project in honor of the late Representative Sid Simpson. Any law, regulation, document, or record of the United States in which such project is designated or referred to under the name of the Beardstown, Illinois, flood control project, shall be held and considered to refer to such project by the name of Sid Simpson flood control project.
Approved August 6, 1962.
Public Law 87–571: To permit the use of certain construction tools actuated by explosive charges in construction activity on the United States Capitol Grounds. Public Law 571 Public Law 87–571 76 Stat. 307 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 307 Public Law 87–571
AN ACT To permit the use of certain construction tools actuated by explosive charges in construction activity on the United States Capitol Grounds.

August 6, 1962

[H. R. 8214]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 6 of

U. S. Capitol Grounds.

Construction tools.

 the Act entitled “An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes”, approved July 31, 1946 (60 Stat, 718; 40 U.S.C. 193f), is amended by adding at the end thereof the following new sentence: “Nothing contained in this Act shall prevent the use, in the construction of any structure or facility on the United States Capitol Grounds, of any construction tool actuated by or employing explosive charges, if (1) that tool is of a kind and design ordinarily used for such construction, (2) the Architect of the Capitol has authorized its use upon such grounds after determining that, its use will not endanger human life or safety, and (3) such use is in accordance with rules and regulations prescribed by the Architect of the Capitol.”
Approved August 6, 1962.
Public Law 87–572: To amend section 216 of title 38, United States Code, relating to prosthetic research in the Veterans’ Administration. Public Law 572 Public Law 87–572 76 Stat. 307 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–572
AN ACT To amend section 216 of title 38, United States Code, relating to prosthetic research in the Veterans’ Administration.

August 6, 1962

[H. R. 10069]

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

Veterans.

Prosthetic research.

72 Stat. 1116.
That subsection (c) of section 216, title 38, United States Code, is amended to read as follows: “(c) There are authorized to be appropriated annually, to remain available until expended, such funds as may be necessary to carry out this section.”
Approved August 6, 1962.
Public Law 87–573: To amend section 130(a) of title 28. United States Code, so as to reconstitute the Eastern Judicial District of Wisconsin to include Menominee County, Wisconsin. Public Law 573 Public Law 87–573 76 Stat. 307 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–573
AN ACT To amend section 130(a) of title 28. United States Code, so as to reconstitute the Eastern Judicial District of Wisconsin to include Menominee County, Wisconsin.

August 6, 1962

[H. R. 10184]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (a)

Wisconsin.

Eastern Judicial District.

62 Stat. 894.

 of section 130 of title 28, United States Code, is amended to read as follows: “(a)

The Eastern District comprises the counties of Brown, Calumet, Dodge, Door, Florence, Fond du Lac, Forest, Green Lake, Kenosha, Kewaunee, Langlade, Manitowoc, Marinette, Marquette, Menominee, Milwaukee, Oconto, Outagamie, Ozaukee, Racine, Shawano, Sheboygan.. Walworth, Washington, Waukesha, Waupaca, Waushara, and Winnebago.

“Court for the Eastern District shall be held at Green Bay, Milwaukee, and Oshkosh.”
Approved August 6, 1962.
Public Law 87–574: To amend certain administrative provisions of title 38, United States Code, relating to the Department of Medicine and Surgery in the Veterans’ Administration. Public Law 574 Public Law 87–574 76 Stat. 308 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 308 Public Law 87–574
AN ACT To amend certain administrative provisions of title 38, United States Code, relating to the Department of Medicine and Surgery in the Veterans’ Administration.

August 6, 1962

[H. R. 8992]

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

Veteran’s Administration.

Dept. of Medicine and Surgery.

72 stat. 1116.
That title 38 of the United States Code is amended as follows: (1) Section 233 is amended— (A) by adding the following at the end of the catchline: “: personal property”; (B) by striking out “and” at the end of subparagraph (3) and inserting “; and” in lieu of the period at the end of subparagraph (4); and (C) by adding the following new subparagraph: “(5)

Employees personal property.

Reimbursement for damage.

 reimburse employees for the cost of repairing or replacing their personal property damaged or destroyed by patients or domiciliary members while such employees are engaged in the performance of their official duties.” (2) The analysis of chapter 3 regarding section 233 is amended by inserting the following before the period fit the end thereof: “; personal property”.
Sec. 2.

Hospitals.

Patients and members.

Utilization of services.

Chapter 17 of title 38 of the United States Code is amended as follows: (1) By adding at the end of subchapter II the following new section:
“§ 618. Therapeutic and rehabilitative activities “The Administrator, upon the recommendation of the Chief Medical Director, may utilize the services of patients and members in Veterans’ Administration hospitals and domiciliaries for therapeutic and rehabilitative purposes, at nominal remuneration, and such patients and members shall not under these circumstances be held or considered as employees of the United States for any purpose. The Administrator shall prescribe the conditions for the utilization of such services.”
(2)

38 USC 610–617.

The analysis of subchapter II is amended by inserting immediately below

Ҥ 617.

the following:

Ҥ 618.
Sec. 3.

Specialist ratings.

Part-time personnel.

72 stat. 1246.

72 stat. 1244.

Section 4108(a) of title 38 of the United States Code is amended as follows: “(a) Within the restrictions herein imposed, the Chief Medical Director may rate any physician appointed under paragraph (1) of section 4104, or on a temporary full-time or part-time basis under

Post, p. 309.

section 4114(a), of this title as a medical or surgical specialist, and, upon the recommendation of the Assistant Chief Medical Director for Dentistry, may rate any doctor of dental surgery or dental medicine, appointed under paragraph (1) of section 4104, or on a temporary full-time or part-time basis under section 4114(a), of this title as a dental specialist: however, no person shall at any time hold more than one such rating.”
Sec. 4. Title 38 of the United States Code is further amended as follows: (1)

72 stat. 1244.

 Section 4105 is amended by inserting immediately after the words “United States” in paragraph (1) the following: “, except as provided in section 4114”. 76 Stat. 309 (2) Section 4114 is amended—

72 stat. 1247.

 (A) by adding the following at the end of the catchline: “; residencies and internships”; (B) by amending subsection (a) to read as follows:

Medical support programs.

Employment of trainees.

 “(a) (1) The Administrator, upon the recommendation of the Chief Medical Director, may employ, without regard to civil service or classification laws, rules, or regulations— “(A) physicians, dentists, nurses, dietitians, social workers, librarians, and other professional, clerical, technical, and unskilled personnel (including interns, residents, trainees, and students in medical support programs) on a temporary full-time or part-time basis; and “(B) physicians, dentists, nurses, and other professional and technical personnel on a fee basis. “(2) Personnel employed under paragraph (1) of this subsection shall be in addition to personnel described in section 4103, paragraph

72 Stat. 1243; 74 stat. 300.

72 Stat. 1244, 1247.

(1) of section 4104, and section 4111 of this title, and shall be. paid such rates of pay as the Administrator may prescribe. “(3) (A) Temporary full-time appointments of physicians, dentists,

Appointments of physicians, etc.

Duration extended.

and nurses may exceed ninety days only if the Chief Medical Director finds that circumstances render it impracticable to obtain the necessary services through appointments under paragraph (1) of section 4104 of this title. Temporary full-time appointments of other personnel shall not exceed ninety days. “(B) No part-time appointment shall be for a period of more than one year, except for appointments of physicians, dentists, nurses and interns, and residents and other trainees in medical support programs.” (C) By adding the following new subsection:

Employment of noncitizens.

 “(c) When the Chief Medical Director determines that it is not possible to recruit qualified citizens for the necessary services, appointments under this section may be made without regard to the citizenship requirements of section 4105 of this title or of any other law

72 stat. 1244.

prohibiting the employment of, or payment of compensation to, a person who is not a citizen of the United States.” (3) The analysis of chapter 73 regarding section 4114 is amended

38 USC 4101–4115.

by inserting the following before the period at the end thereof: “; residencies and internships”.
Sec. 5. Section 4103 of title 38, United States Code, is amended— (1) by striking out the word “Any” at the beginning of subsection (g) and inserting in lieu thereof “Except as provided in subsection (i), any”; and (2) by adding at the end thereof a new subsection as follows: “(i) The Administrator may designate a member of the Chaplain

Director, Chaplain Service.

Service of the Veterans Administration as Director, Chaplain Service, for a period of two years, subject to removal by the Administrator for cause. During the period that any such member serves as Director, Chaplain Service, he shall be paid a salary, as determined by the Administrator, within the minimum and maximum salary limitations prescribed for Grade GS–15 positions by the Classification Act of 1949, as amended. Redesignations under this subsection may be made

74 stat. 298.

5 USC 1113.

for successive like periods. An individual designated as Director, Chaplain Service, shall at the end of his period of service as Director revert to the position, grade, and status which he held immediately prior to being designated Director, Chaplain Service, and all service as Director, Chaplain Service, shall be creditable as service in the former position.”
Approved August 6, 1962.
Public Law 87–575: Making appropriations for the Treasury and Post Office Departments, the Executive Office of the President, and certain Independent Agencies for the fiscal year ending June 30, 1963, and for other purposes. Public Law 575 Public Law 87–575 76 Stat. 310 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 310 Public Law 87–575
AN ACT Making appropriations for the Treasury and Post Office Departments, the Executive Office of the President, and certain Independent Agencies for the fiscal year ending June 30, 1963, and for other purposes.

August 6, 1962

[H. R. 10526]

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

Treasury-Post Office Departments and Executive Office Appropriation Act, 1963.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Treasury and Post Office Departments, the Executive Office of the President, and certain Independent Agencies for the fiscal year ending June 30, 1963, namely:
<num class="centered" value="I">TITLE I—</num><heading class="inline">TREASURY DEPARTMENT</heading> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses in the Office of the Secretary, including the operation and maintenance of the Treasury Building and Annex thereof; services as authorized by section 15 of the Act of August 2, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>1946 (5 U.S.C. 55a); and the purchase of uniforms for elevator operator’s; $4,510,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Accounts</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Bureau of Accounts, $3,800,000.</content></appropriations> <appropriations level="small"><heading>salaries and expenses, division of disbursement</heading> <content>For necessary expenses of the Division of Disbursement, $26,500,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Customs</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Bureau of Customs, including purchase of sixty passenger motor vehicles (of which fifty shall be for replacement only) including fifty for police-type use which may exceed by $300 each the general purchase price limitation for the current fiscal year; uniforms or allowances therefor, as authorized by the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1114">68 stat. 1114</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>Act of September 1, 1954, as amended (5 U.S.C. 2131); services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); and awards of compensation to informers as authorized by the Act or <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t67/s577">67 stat. 577</ref>.</p></sidenote>August 13, 1953 (22 U.S.C. 401).; $64,775,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Engraving and Printing</heading> <appropriations level="small"><heading>air-conditioning the bureau of engraving and printing buildings</heading> <content>For necessary expenses in connection with air-conditioning the Bureau of Engraving and Printing Buildings, $300,000, to remain available until expended.</content></appropriations> </appropriations> <page identifier="/us/stat/76/311">76 <inline class="smallCaps">Stat</inline>. 311</page> <appropriations level="intermediate"><heading>Bureau of the Mint</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Bureau of the Mint, including purchase and maintenance of uniforms and accessories for guards; and not to exceed $1,000 for the expenses of the annual assay commission; $6,480,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Narcotics</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Bureau of Narcotics, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); and hire of passenger motor vehicles; $4,580,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 Stat. 810</ref>.</p></sidenote></content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of the Public Debt</heading> <appropriations level="small"><heading>administering the public debt</heading> <content>For necessary expenses connected with any public-debt issues of the United States, $47,750,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Coast Guard</heading> <appropriations level="small"><heading>operating expenses</heading> <content>For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for, including hire of passenger motor vehicles; services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a).; purchase of not to exceed thirty-two <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>passenger motor vehicles for replacement only; maintenance, operation, and repair of aircraft: recreation and welfare; and uniforms or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); $220,000,000: <proviso><i>Provided</i>, That the number <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1114">68 stat. 1114</ref>.</p></sidenote>of aircraft on hand at any one time shall not exceed one hundred and thirty-eight exclusive of planes and parts stored to meet future attrition:</proviso> <proviso><i>Provided further</i>, That amounts equal to the obligated balances against the appropriations for “Operating expenses” for the two preceding years, shall be transferred to and merged with this appropriation, and such merged appropriation shall be available as one fund, except for accounting purposes of the Coast Guard, for the payment of obligations properly incurred against such prior year appropriations and against this appropriation:</proviso> <proviso><i>Provided further</i>, That except as otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 236–244), this appropriation shall be available for expenses of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t64/s1100">64 stat. 1100</ref>.</p></sidenote>primary and secondary schooling for dependents of Coast Guard personnel stationed outside the continental United States in amounts not exceeding an average of $275 per student, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents, and the Coast Guard may provide for the transportation of said dependents between such schools and their places of residence when the schools are not accessible to such dependents by regular means of transportation.</proviso></content></appropriations> <appropriations level="small"><heading>acquisition, construction, and improvements</heading> <content>For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities vessels, and air-craft, including equipment related thereto; and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); $33,330,000,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote> <page identifier="/us/stat/76/312">76 <inline class="smallCaps">Stat</inline>. 312</page>to remain available until expended: <proviso><i>Provided</i>, That repayment may be made to other Coast Guard appropriations for expenses incurred in support of activities carried out under this appropriation.</proviso></content></appropriations> <appropriations level="small"><heading>retired pay</heading> <content>For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t67/s501">67 stat. 501</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t67/s371–381">37 USC 371–381 notes</ref>.</p></sidenote>payments under the Uniformed Services Contingency Option Act of 1953, $32,350,000.</content></appropriations> <appropriations level="small"><heading>reserve training</heading> <content>For all necessary expenses for the Coast Guard Reserve, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t63/s551">63 stat. 551</ref>; <ref href="/us/stat/t70A/s624">70A Stat. 624</ref>; <ref href="/us/stat/t63/s804">63 stat. 804</ref>.</p></sidenote>authorized by law (14 U.S.C. 751–762; 37 U.S.C. 231–319), including repayment to other Coast Guard appropriations for indirect expenses, for regular personnel, or reserve personnel while on active duty, engaged primarily in administration and operation of the reserve program; for maintenance and operation of facilities; for supplies, equipment, and services; and the maintenance, operation, and repair of aircraft; $16,500,000: <proviso><i>Provided</i>, That amounts equal to the obligated balances against the appropriations for “Reserve training” for the two preceding years shall be transferred to and merged with this appropriation, and such merged appropriation shall be available as one fund, except for accounting purposes of the Coast Guard, for the payment of obligations properly incurred against such prior year appropriations and against this appropriation.</proviso></content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Internal Revenue Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Internal Revenue Service, including purchase (not to exceed two hundred for replacement only, of which one hundred for police-type use may exceed by $300 each the general purchase price limitation for the current fiscal year) and hire of passenger motor vehicles; and services as authorized by section 15 of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>Act of August 2, 1986 (5 U.S.C. 55a), and of expert witnesses at such rates as may be determined by the Commissioner, including not to exceed $12,300,000 for temporary employment; $486,000,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of the Treasurer</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Office of the Treasurer, $16,450,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>United States Secret Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the United States Secret Service, including purchase (not to exceed eighty-one for police-type use which may exceed by $300 each the general purchase price limitation for the current fiscal year, of which fifty-four are for replacement only) and hire of passenger motor vehicles, $5,475,000.</content></appropriations> <appropriations level="small"><heading>salaries and expenses, white house police</heading> <content>For necessary expenses of the White House Police, including uniforms and equipment, and for performing such protective duties in the White House areas of the Executive Office Building as the Secretary may prescribe, $1,216,000.</content></appropriations> <page identifier="/us/stat/76/313">76 <inline class="smallCaps">Stat</inline>. 313</page> <appropriations level="small"><heading>salaries and expenses, guard force</heading> <content>For necessary expenses of the guard force for Treasury Department buildings in the District of Columbia, including purchase, re-pair, and cleaning of uniforms, $369,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Fund for Payment of Government Losses in Shipment</heading> <content>To reduce the impairment in the capital of the “Fund for payment of Government losses in shipment”, in accordance with section 2 of the Act approved July 8, 1937 (5 U.S.C. 134a), to remain available <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t50/s479">50 stat. 479</ref>.</p></sidenote>until expended, $525,000, to be derived by transfer from the account “Unclaimed partial payments on United States saving bonds.”</content></appropriations> <appropriations level="intermediate"><heading>Liquidation of Corporate Assets</heading> <content> <p class="firstIndent1 fontsize10">The Secretary of the Treasury is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available therefor and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may lie necessary in carrying out the programs set forth <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t61/s584">61 stat. 584</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote>in the Budget for the current fiscal year for the Reconstruction Finance Corporation Liquidation Activities.</p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Treasury Department Appropriation <sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote>Act, 1963</shortTitle>”.</p> </content> </appropriations> <num class="centered" value="II">TITLE II—</num><heading class="inline">POST OFFICE DEPARTMENT</heading> <appropriations level="intermediate"><heading>Contribution to the Postal Fund</heading> <content>For administration and operation of the Post Office Department and the postal service, there is hereby appropriated the aggregate amount of postal revenues for the current fiscal year, as authorized by law (39 U.S.C. 2201–2202), together with an amount equal to the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t74/s594">74 Stat. 594</ref>.</p></sidenote>difference between such revenues and the total of the appropriations hereinafter specified and the sum needed may be advanced to the Post Office Department upon requisition of the Postmaster General, for the following purposes, namely:</content></appropriations> <appropriations level="intermediate"><heading>Current Authorizations Out of Postal Fund</heading> <appropriations level="small"><heading>administration and regional operation</heading> <content>For expenses, not otherwise provided for, necessary for administration of the postal service, operation of the inspection service and regional offices, uniforms or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131), including <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1114">68 stat. 1114</ref>.</p></sidenote>services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); management studies; not to exceed $25,000 for miscellaneous <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>and emergency expenses (including not to exceed $6,000 for official reception and representation expenses upon approval by the Postmaster General); rewards for information and services concerning violations of postal laws and regulations, current and prior fiscal years, in accordance with regulations of the Postmaster General in effect at the time the services are rendered or information furnished; expenses of delegates designated by the Postmaster General to attend meetings and congresses for the purpose of making postal arrangements with foreign governments pursuant to law, and not to exceed $20,000 of such expenses to be accounted for solely on the certificate of <page identifier="/us/stat/76/314">76 <inline class="smallCaps">Stat</inline>. 314</page>the Postmaster General; and not to exceed $25,000 for rewards for information and services as provided for herein, shall be paid in the discretion of the Postmaster General and accounted for solely on his certificate; and settlement of claims, pursuant to law, current and prior fiscal years, for damages, and for losses resulting from unavoidable casualty; $75,600,000.</content> </appropriations> <appropriations level="small"><heading>research, development, and engineering</heading> <content>For expenses, not otherwise provided for, necessary for administration and conduct of a research, development, and engineering program, including services as authorized by section 15 of the act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>August 2, 1946 (5 U.S.C. 55a), and including not to exceed $2,000,000 for reimbursement of additional costs incurred by contractors under prior year cost reimbursable contracts in addition to current increases in prior year orders or contracts as a result of changes in plans under such program, $12,000,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>operations</heading> <content>For expenses necessary for postal operations, not otherwise provided for, including uniforms or allowances therefor, as authorized by the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1114">68 stat. 1114</ref>.</p></sidenote>Act of September 1, 1954, as amended (5 U.S.C. 2131); for repair of vehicles owned by, or under control of, units of the National Guard and departments and agencies of the Federal Government where repairs are made necessary because of utilization of such vehicles in the postal service, and for other activities conducted by the Post Office Department pursuant to law; $3,535,000,000: <proviso><i>Provided</i>, That not to exceed 5 per centum of any appropriation available to the Post Office Department for the current fiscal year may be transferred, with the approval of the Bureau of the Budget, to any other such appropriation or appropriations; but the appropriation “Administration and regional operation” shall not be increased by more than $1,000,000 as a result of such transfers:</proviso> <proviso><i>Provided further</i>, That functions financed by the appropriations available to the Post Office Department for the current fiscal year and the amounts appropriated therefor, may be transferred. in addition to the appropriation transfere otherwise authorized in this Act and with the approval of the Bureau of the Budget, between such appropriations to the extent necessary to improve administration and operations:</proviso> <proviso><i>Provided further</i>, That Federal Reserve banks and branches may be reimbursed for expenditures as fiscal agents of the United States on account of Post Office Department operations.</proviso></content></appropriations> <appropriations level="small"><heading>transportation</heading> <content>For payments for transportation of domestic and foreign mails by air, land, and water transportation facilities, including current and prior fiscal years settlements with foreign countries for handling of mail, $594,500,000.</content></appropriations> <appropriations level="small"><heading>facilities</heading> <content>For expenses, not otherwise provided for, necessary for the operation of postal facilities, buildings, and field stall communication service; uniforms or allowances therefor, as authorized by the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1114">68 stat. 1114</ref>.</p></sidenote>September 1, 1954, as amended (5 U.S.C. 2131); procurement of stamps and accountable paper, and postal supplies; and storage of vehicles owned by, or under control of, units of the National Guard and departments and agencies of the Federal Government; $167,000,000.</content></appropriations> <page identifier="/us/stat/76/315">76 <inline class="smallCaps">Stat</inline>. 315</page> <appropriations level="small"><heading>plant and equipment</heading> <content> <p class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary for modernization and acquisition of equipment and facilities for postal purposes, including not to exceed $2,000,000 for increases in prior year orders placed with other Government agencies in addition to current increases m prior year orders or contracts made as a result of changes in plans, $120,000,000: <proviso><i>Provided</i>, That the funds herein appropriated shall be available for repair, alteration, and improvement of the mail equipment shops at Washington, District of Columbia, and for payment to the General Services Administration for the repair, alteration, preservation, renovation, improvement, and equipment of federally owned property used for postal purposes, including improved lighting, color, and ventilation for the specialized conditions m space occupied for postal purposes.</proviso></p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Post Office Department Appropriation <sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote>Act, 1963</shortTitle>”.</p> </content> </appropriations> </appropriations> <num class="centered" value="III">TITLE III—</num><heading class="inline">EXECUTIVE OFFICE OF THE PRESIDENT</heading> <appropriations level="intermediate"><heading>Compensation of the President</heading> <content>For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by the Act of January 19, 1949 (3 U.S.C. 102), $150,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t63/s4">63 stat. 4</ref>.</p></sidenote></content></appropriations> <appropriations level="intermediate"><heading>The White House Office</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the White House Office, including not to exceed $215,000 for services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at such per diem rates for individuals <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>as the President may specify, and other personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government service; newspapers, periodicals, teletype news service, and travel, and official entertainment expenses of the President, to be accounted for solely on his certificate; $2,545,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Special Projects</heading> <content>For expenses necessary to provide staff assistance for the President in connection with special projects, to be expended in his discretion and without regard to such provisions of law regarding the expenditure of Government funds or the compensation and employment of persons in the Government service as he may specify, $1,500,000: <proviso><i>Provided</i>, That not to exceed 10 per centum of this appropriation may be used to reimburse the appropriation for “Salaries and expenses, The White House Office”, for administrative services:</proviso> <proviso><i>Provided further</i>, That not to exceed $5,000 shall be available for allocation within the Executive Office of the President for official reception and representation expenses.</proviso></content></appropriations> <appropriations level="intermediate"><heading>Executive Mansion and Grounds</heading> <content>For the care, maintenance, repair and alteration, refurnishing, improvement, heating and lighting, including electric power and fixtures, of the Executive Mansion and the Executive Mansion grounds, and traveling expenses, to be expended as the President may determine, notwithstanding the provisions of this or any other Act, $658,000.</content></appropriations> <page identifier="/us/stat/76/316">76 <inline class="smallCaps">Stat</inline>. 316</page> <appropriations level="intermediate"><heading>Bureau of the Budget</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the Bureau of the Budget, including services as authorized by section 15 of the Act of August 2, 1946 (5 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>U.S.C. 55a), at rates not to exceed $75 per diem for individuals, $5,650,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Council of Economic Advisers</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Council in carrying out its functions <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s23">60 stat. 23</ref>.</p></sidenote>under the Employment Act of 1946 (15 U.S.C. 1021), $584,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>National Security Council</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for the National Security Council, including services as authorized by section 15 of the Act of August 2, 1946 (5 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>U.S.C. 55a), and acceptance and utilization of voluntary and uncompensated services, $550,000.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote>This title may be cited as the “<shortTitle role="title">Executive Office Appropriation Act, 1963</shortTitle>”.</p> </content> </appropriations> </appropriations> <num class="centered" value="IV">TITLE IV—</num><heading class="inline">FUNDS APPROPRIATED TO THE PRESIDENT</heading> <appropriations level="intermediate"><heading>Emergency Fund for the President</heading> <content>For expenses necessary to enable the President, through such officers or agencies of the Government as he may designate, and without regard to such provisions of law regarding the expenditure of Government funds or the compensation and employment of persons in the Government service as he may specify, to provide in his discretion for emergencies affecting the national interest, security, or defense which may arise at home or abroad during the current fiscal year, $1,000,000: <proviso><i>Provided</i>, That no part of this appropriation shall be available for allocation to finance a function or project for which function or project a budget estimate of appropriation was transmitted pursuant to law during the Eighty-seventh Congress or the first session of the Eighty-eighth Congress, and such appropriation denied after consideration thereof by the Senate or House of Representatives or by the Committee on Appropriations of either body.</proviso></content></appropriations> <appropriations level="intermediate"><heading>Expenses of Management Improvement</heading> <content>For expenses necessary to assist the President in improving the management of executive agencies and in obtaining greater economy and efficiency through the establishment of more efficient business methods in Government operations, including services as authorized by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates for individuals not to exceed $75 per diem, by allocation to any agency or office in the executive branch for the conduct, under the general direction of the Bureau of the Budget, of examinations and appraisals of, and the development and installation of improvements in, the organization and operations of such agency or of other agencies in the executive branch, $200,000, to remain available until expended, and to be available without regard to the provisions of subsection (c) of section 3679 of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665</ref>.</p></sidenote>Revised Statutes, as amended.</content></appropriations> 76 Stat. 317 <num class="centered" value="V">TITLE V—</num><heading class="inline">INDEPENDENT AGENCIES</heading> <appropriations level="intermediate"><heading>Tax Court of the United States</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses, including contract stenographic reporting services, $1,784,000: <proviso><i>Provided</i>, That travel expenses of the judges shall be paid upon the written certificate of the judge.</proviso></content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Advisory Commission on Intergovernmental Relations</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out the provisions of the Act of September 24, 1959 (73 Stat. 703–706), $375,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s2371–2378">5 USC 2371–2378</ref>.</p></sidenote></content></appropriations> </appropriations> <appropriations level="intermediate"><heading>President’s Advisory Committee on Labor-Management Policy</heading> <content> <p class="firstIndent1 fontsize10">For necessary expenses of the President’s Advisory Committee on Labor-Management Policy, established by Executive Order 10918 of February 16, 1961, including services as authorized by section 15 of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s141">29 USC 141 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>the Act of August 2, 1946 ( 5 U.S.C. 55a), but at rates for individuals not to exceed $100 per diem, and $30 per diem in lieu of subsistence for members of the Committee while away from their homes or regular places of business, $300,000.</p> <p class="firstIndent1 fontsize10">This Act may lie cited as the “Treasury—Post Office Departments <sidenote><p class="firstIndent1 fontsize8">Short title</p></sidenote>and Executive Office Appropriation Act, 1963”.</p> </content> </appropriations> Approved August 6, 1962.
Public Law 87–576: To provide for the transfer of the United States vessel Alaska to the State of California for the use and benefit of the department of fish and game of such State. Public Law 576 Public Law 87–576 76 Stat. 308 1962-08-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–576
AN ACT To provide for the transfer of the United States vessel Alaska to the State of California for the use and benefit of the department of fish and game of such State.

August 9, 1962

[H. R. 3788]

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

U. S. vessel Alaska.

Transfer to State of Calif.

of the Interior is authorized and directed to convey to the State of California, for the use and benefit of the department of fish and game of such State, all right, title, and interest of the United States in and to the United States vessel Alaska. Such vessel is presently being operated by such department under a ten-year operating agreement entered into on June 22, 1957, between such department and the Secretary of the Interior, and has been extensively repaired and refitted for use as a biological research vessel at the expense of such State.
Sec. 2. The conveyance authorized by this Act shall (1) be conditional

Payment.

upon the State of California paying to the Secretary of the Interior, as consideration for the vessel conveyed, an amount equal to fifty percent of the fair market value of such vessel at the time it was leased by the State of California, as determined by the Secretary of the Interior; and (2) provided that such vessel shall be used for a public purpose and if it should cease to be so used, all right, title, and interest therein shall immediately revert to the United States.
Approved August 9, 1962.
Public Law 87–577: Making appropriations for the Department of Defense for the fiscal year ending June 30, 1903, and for other purposes. Public Law 577 Public Law 87–577 76 Stat. 318 1962-08-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 318 Public Law 87–577
AN ACT Making appropriations for the Department of Defense for the fiscal year ending June 30, 1903, and for other purposes.

August 9, 1962

[H. R. 3788]

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

Department of Defense Appropriation Act, 1963.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1963, for military functions administered by the Department of Defense, and for other purposes, namely:
<num class="centered" value="I">TITLE I</num> <heading class="centered">MILITARY PERSONNEL</heading> <appropriations level="intermediate"><heading>Military Personnel, Army</heading> <content>For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof tor organizational movements), expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except those undergoing reserve training), expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case, $3,643,300,000, and, in addition $350,000,000 which shall be derived by transfer from the Army stock fund and the Defense stock fund.</content></appropriations> <appropriations level="intermediate"><heading>Military Personnel, Navy</heading> <content>For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of’station travel (including all expenses thereof for organizational movements), expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except those undergoing reserve training), midshipmen and aviation cadets, and expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case, $2,734,700,000, and, in addition $25,000,000 which shall be derived by transfer from the Navy stock fund and the Defense stock fund.</content></appropriations> <appropriations level="intermediate"><heading>Military Personnel, Marine Corps</heading> <content>For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except those undergoing reserve training), and expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case, $661,200,000.</content></appropriations> <appropriations level="intermediate"><heading>Military Personnel, Air Force</heading> <content>For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except those undergoing reserve training), cadets and aviation cadets, and expenses of apprehension and <page identifier="/us/stat/76/319">76 <inline class="smallCaps">Stat</inline>. 319</page>delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case, $4,117,690,000, and, in addition $70,000,000 which shall be derived by transfer from the Air Force stock fund and the Defense stock fund.</content></appropriations> <appropriations level="intermediate"><heading>Reserve Personnel, Army</heading> <content>For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers’ Training Corps, as authorized by law, $239,200,000: <proviso><i>Provided</i>, That the Army Reserve will be programed to attain an end strength of three hundred thousand for fiscal year 1963:</proviso> <proviso><i>Provided further</i>, That insofar as practicable in any reorganization or realinement for the purpose of modernization the number and geographical location of existing units will be maintained.</proviso></content></appropriations> <appropriations level="intermediate"><heading>Reserve Personnel, Navy</heading> <content>For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Naval Reserve on active duty while undergoing reserve training, or while performing drills or equivalent duty, regular and contract enrollees in the Naval Reserve Officers’ Training Corps, and retainer pay, as authorized by law, $85,600,000.</content></appropriations> <appropriations level="intermediate"><heading>Reserve Personnel, Marine Corps</heading> <content>For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve and the Marine Corps platoon leaders class on active duty while undergoing reserve training, or while performing drills or equivalent duty, as authorized by law, $28,100,000.</content></appropriations> <appropriations level="intermediate"><heading>Reserve Personnel, Air Force</heading> <content>For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty while undergoing reserve training or while performing drills or equivalent duty, and for members of the Air Reserve Officers’ Training Corps, as authorized by law, $50,100,000.</content></appropriations> <appropriations level="intermediate"><heading>National Guard Personnel, Army</heading> <content>For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under section 265 of title 10, United States Code, or while undergoing <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s11">70A Stat. 11</ref>.</p></sidenote>training or while performing drills or equivalent duty, as authorized by law, $261,800,000: <proviso><i>Provided</i>, That obligations may be incurred under this appropriation without regard to section 107 of title 32, United States Code:</proviso> <proviso><i>Provided further</i>, That the Army <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s599">70A Stat. 599</ref>.</p></sidenote>National Guard will be programed to attain an end strength of four hundred thousand in fiscal year 1963:</proviso> <proviso><i>Provided further</i>, That insofar as practicable in any reorganization or realinement for the purpose of modernization the number and geographical location of existing units will be maintained.</proviso></content></appropriations> <appropriations level="intermediate"><heading>National Guard Personnel, Air Force</heading> <content>For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under sections 265, 8033, and 8496 of title 10, United States Code, or<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s11/491/524">70A Stat. 11, 491, 524</ref>.</p></sidenote> <page identifier="/us/stat/76/320">76 <inline class="smallCaps">Stat</inline>. 320</page>while undergoing training or while performing drills or equivalent duty, as authorized by law, $53,000,000: <proviso><i>Provided</i>, That obligations may be incurred under this appropriation without regard to section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s599">70A Stat. 599</ref>.</p></sidenote>107 of title 32, United States Code.</proviso></content></appropriations> <appropriations level="intermediate"><heading>Retired Pay, Defense</heading> <content>For retired pay and retirement pay, as authorized by law, of military personnel on the retired lists of the Army, Navy, Marine Corps, and the Air Force, including the reserve components thereof, retainer pay for personnel of the inactive Fleet Reserve, and payments under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s1431–1446">10 USC 1431–1446</ref>.</p></sidenote>Chapter 73 of Title 10, United States (’ode, $1,029,000,000.</content></appropriations> <num class="centered" value="II">TITLE II</num> <heading class="centered">OPERATION AND MAINTENANCE</heading> <appropriations level="intermediate"><heading>Operation and Maintenance, Army</heading> <content>For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, including administration; medical and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel on duty or leave, except elective private treatment), and other measures necessary to protect the health of the Army; care of the dead; chaplains’ activities; awards and medals; welfare and recreation; recruiting expenses; transportation services; communications services; maps and similar data for military purposes; military surveys and engineering planning; contracts for maintenance of reserve tools and facilities for twelve months beginning at any time during the current fiscal year; repair of facilities; hire of passenger motor vehicles; tuition and fees incident to training of military personnel at civilian institutions; field exercises and maneuvers, including payments in advance for rentals or options to rent land; expenses for the Reserve Officers’ Training Corps and other units at educational institutions, as authorized by law; not to exceed $4,193,000 for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes, and his determination shall be final and conclusive upon the accounting officers of the Government, $3,408,345,000, of which not less than $275,000,000 shall be available only for the maintenance of real property facilities.</content></appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Navy</heading> <content>For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, including aircraft and vessels; modification of aircraft; design and alteration or vessels; training and education of members of the Navy; administration; procurement of military personnel; hire of passenger motor vehicles; welfare and recreation; medals, awards, emblems, and other insignia; transportation of things (including transportation of household effects of civilian employees); industrial mobilization; medical and dental care; care of the dead; lease of facilities; charter and hire of vessels; relief of vessels in distress; maritime salvage services; military communications facilities on merchant vessels; dissemination of scientific information; administration of patents, trademarks, copyrights; annuity premiums and retirement benefits for civilian members of teaching services; tuition, allowances, and fees incident to training of military personnel at civilian institutions; repair of facilities; departmental salaries; conduct of schoolrooms, service clubs, chapels, and other instructional, entertainment, and welfare expenses for the enlisted men; procurement of services, special clothing, supplies, and equipment; installation of equipment in public or private <page identifier="/us/stat/76/321">76 <inline class="smallCaps">Stat</inline>. 321</page>plants; exploration, prospecting, conservation, development, use, and operation of the naval petroleum reserves, as authorized by law and not to exceed $6,000,000 for emergency and extraordinary expenses, as authorized by section 7202 of title 10, United States Code, to be <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s442">70A Stat. 442</ref>.</p></sidenote>expended on the approval and authority of the Secretary and his determination shall be final and conclusive upon the accounting officers of the Government; $2,836,292,000, of which not less than $163,526,000 shall be available only for the maintenance of real property facilities, $1,100,000 shall be transferred to the appropriation “Salaries and expenses”, Weather Bureau, Department of Commerce, fiscal year 1963; and $16,980,000 shall be transferred to the appropriation, “Operating expenses”, Coast Guard, fiscal year 1963; for the operation of ocean stations.</content></appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Marine Corps</heading> <content>For expenses, necessary for the operation and maintenance of the Marine Corps including equipment and facilities; procurement of military personnel; training and education of regular and reserve personnel, including tuition and other costs incurred at civilian schools; welfare and recreation; conduct of schoolrooms, service clubs, chapels, and other instructional, entertainment, and welfare expenses for the enlisted men; procurement and manufacture of military supplies, equipment, and clothing; hire of passenger motor vehicles; transportation of things; medals, awards, emblems and other insignia; operation of station hospitals, dispensaries and dental clinics; and departmental salaries; $192,500,000, of which not less than $21,318,000 shall be available only for the maintenance of real property facilities; and not to exceed $2,000,000 is to be available only for the payment of a connection charge to the Beaufort-Jasper Water Authority.</content></appropriations> <appropriations level="intermediate"><heading>Marine Corps Stock Fund</heading> <content>For the Marine Corps Stock Fund, $15,000,000, to be derived by transfer from the Navy Stock Fund.</content></appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Air Force</heading> <content>For expenses, not otherwise provided for, necessary for the operation, maintenance, and administration of the Air Force, including the Air Force Reserve and the Air Reserve Officers’ Training Corps; operation, maintenance, and modification of aircraft and missiles; transportation of things, repair and maintenance of facilities; field printing plants; hire of passenger motor vehicles; recruiting advertising expenses; training and instruction of military personnel of the Air Force, including tuition and related expenses; pay, allowances, and travel expenses of contract surgeons; rental of land or purchase of options to rent land without reference to section 3648, Revised Statutes, as amended, use or repair of private property and other <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s529">31 USC 529</ref>.</p></sidenote>necessary expenses of combat maneuvers; care of the dead; chaplain and other welfare and morale supplies and equipment; conduct of schoolrooms, service clubs, chapels, and other instructional, entertainment, and welfare expenses for enlisted men and patients not otherwise provided for; awards and decorations; industrial mobilization, including maintenance of reserve plants and equipment and procurement planning; special services by contract or otherwise; and not to exceed $6,000,000 for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes, and his determination shall la? final and conclusive <page identifier="/us/stat/76/322">76 <inline class="smallCaps">Stat</inline>. 322</page>upon the accounting officers of the Government: $4,365,644,000, of which not less than $269,200,000 shall be available only for the maintenance of real property facilities.</content></appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Defense Agencies</heading> <content>For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense), including administration; hire of passenger motor vehicles; welfare and recreation; awards and decorations; travel expenses, including expenses of temporary duty travel of military personnel; transportation of things (including transportation of household effects of civilian employees): industrial mobilization; care of the dead; lease of buildings and facilities; dissemination of scientific information; administration of patents, trademarks, and copyrights; tuition and fees incident to the training of military personnel at civilian institutions; repair of facilities; departmental salaries; procurement of services, special clothing, supplies, and equipment; field printing plants; information and educational services for the Armed Forces; communications services; not to exceed $1,165,000 for emergency and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense for such purposes as he deems appropriate, and his determination thereon shall be final and conclusive upon the accounting officers of the Government; $350,331,000; of which not less than $9,708,000 shall be available only for the maintenance of real property facilities.</content></appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Army National Guard</heading> <content>For expenses of training, organizing, and administering the Army National Guard, including maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personal services in the National Guard Bureau and services of personnel of the National Guard employed as civilians without regard to their military rank, and the number of caretakers authorized to be employed under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s614">70A Stat. 614</ref>.</p></sidenote>provisions of law (32 U.S.C. 709) may be such as is deemed necessary by the Secretary of the Army; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard of the several States, Commonwealth of Puerto Rico, and the District of Columbia, as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft); $174,400,000, of which not less than $1,900,000 shall be available only for the maintenance of real property facilities: <proviso><i>Provided</i>, That obligations may be incurred under this appropriation without regard to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s599">70A Stat. 599</ref>.</p></sidenote>section 107 of title 32, United States Code.</proviso></content></appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Air National Guard</heading> <content>For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, maintenance, operation and modification of air-craft; transportation of things; hire of passenger motor vehicles; supplies, material, and equipment, as authorized by law for the Air <page identifier="/us/stat/76/323">76 <inline class="smallCaps">Stat</inline>. 323</page>National Guard of the several States, Commonwealth of Puerto Rico, and the District of Columbia; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, of Air National Guard commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; $194,400,000, of which not less than $1,600,000 shall be available only for the maintenance of real property facilities: <proviso><i>Provided</i>, That the number of caretakers authorized to be employed under the provisions of law (32 U.S.C. 709) may be such as is deemed necessary by the Secretary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s514">70A Stat. 514</ref>.</p></sidenote>of the Air Force and such caretakers may be employed without regard to their military rank as members of the Air National Guard:</proviso> <proviso><i>Provided further</i>, That obligations may be incurred under this appropriation without regard to section 107 of title 32, United States Code.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s599">70A Stat. 599</ref>.</p></sidenote></proviso></content></appropriations> <appropriations level="intermediate"><heading>National Board for the Promotion of Rifle Practice, Army</heading> <content>For the necessary expenses of construction, equipment, and maintenance of rifle ranges, the instruction of citizens in marksmanship, and promotion of rifle practice, in accordance with law, including travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions, and not to exceed $21,000 for incidental expenses of the National Board, $622,000: <proviso><i>Provided</i>, That travel expenses of civilian members of the National Board shall be paid in accordance with the Standardized Government Travel Regulations, as amended.</proviso></content></appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Alaska Communication System, Army</heading> <content>For expenses necessary for the operation, maintenance, and improvement of the Alaska Communication System, including purchase of two passenger motor vehicles for replacement only, $6,900,000, of which not less than $385,000 shall be available only for maintenance of real property facilities; and in addition, not to exceed 15 per centum of the current fiscal year receipts of the Alaska Communication System may be merged with and used for the purposes of this appropriation and charges for station agent agreements may be paid from receipts of the Alaska Communication System.</content></appropriations> <appropriations level="intermediate"><heading>Claims, Defense</heading> <content>For payment of claims (except as provided in appropriations for civil functions administered by the Department of the Army) as authorized by law; claims for damages arising under training contracts with carriers; and repayment of amounts determined by the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, or officers designated by them, to have been erroneously collected from military and civilian personnel of the Departments of the Army, Navy, and Air Force or from States, territories, or the District of Columbia, or members of National Guard units thereof; $19,000,000.</content></appropriations> <appropriations level="intermediate"><heading>Contingencies, Defense</heading> <content>For emergencies and extraordinary expenses arising in the Department of Defense, to be expended on the approval or authority of the Secretary of Defense and such expenses may be accounted for solely <page identifier="/us/stat/76/324">76 <inline class="smallCaps">Stat</inline>. 324</page>on his certificate that the expenditures were necessary for confidential <sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote>military purposes, $15,000,000: <proviso><i>Provided</i>, That a report of disbursements under this item of appropriation shall be made quarterly to the Appropriations Committees of the Congress.</proviso></content></appropriations> <appropriations level="intermediate"><heading>Salaries and Expenses, Court of Military Appeals, Defense</heading> <content>For salaries and expenses necessary for the Court of Military Appeals, $455,000.</content></appropriations> <num class="centered" value="III">TITLE III</num> <heading class="centered">PROCUREMENT</heading> <appropriations level="intermediate"><heading>Procurement of Equipment and Missiles, Army</heading> <content>For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, equipment, vehicles, vessels, and aircraft for the Army and the Reserve Officers’ Training Corps; purchase of not to exceed eight thousand seven hundred and sixty-nine passenger motor vehicles for replacement only (including two medium sedans at not to exceed $3,000 each); expenses which in the discretion of the Secretary of the Army are necessary in providing facilities for production of equipment and supplies for national defense purposes, including construction, and the furnishing of Government-owned facilities and equipment at privately owned plants; and ammunition for military salutes at institutions to which issue of weapons for salutes is authorized; $2,520,000,000, to remain available until expended.</content></appropriations> <appropriations level="intermediate"><heading>Procurement of Aircraft and Missiles, Navy</heading> <content>For construction, procurement, production, modification, and modernization of aircraft, missiles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands, and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title by the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p></sidenote>Attorney General as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $3,034,660,000, to remain available until expended: <proviso><i>Provided</i>, That during the current fiscal year there may be merged with this appropriation not to exceed $165,000,000 of unobligated balances of appropriations previously granted for “Aircraft and related procurement”.</proviso></content></appropriations> <appropriations level="intermediate"><heading>Shipbuilding and Conversion, Navy</heading> <content>For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament therefor, plant equipment, appliances, and machine tools, and installation thereof in public or private plants; procurement of critical long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; $2,919,200,000, and, in addition, $20,000,000 which shall be derived by transfer from the Navy industrial fund; to remain available until expended.</content></appropriations> <page identifier="/us/stat/76/325">76 <inline class="smallCaps">Stat</inline>. 325</page> <appropriations level="intermediate"><heading>Other Procurement, Navy</heading> <content>For procurement, production, and modernization of support equipment, and materials not otherwise provided for; Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion); purchase of not to exceed one thousand six hundred and forty-six passenger motor vehicles (including one medium sedan at not to exceed $3,000) for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands, and interests therein may be acquired, and construction prosecuted thereon prior to approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p></sidenote>procurement and installation of equipment, appliances, and machine tools in public or private plants; $903,600,000, to remain available until expended.</content></appropriations> <appropriations level="intermediate"><heading>Procurement, Marine Corps</heading> <content>For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, and vehicles for the Marine Corps, including purchase of not to exceed four hundred sixty-four passenger motor vehicles which shall be for replacement only, $256,000,000, to remain available until expended.</content></appropriations> <appropriations level="intermediate"><heading>Aircraft Procurement, Air Force</heading> <content>For construction, procurement, and modification of aircraft, and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s590">70A Stat. 590</ref>.</p></sidenote>purposes, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to the approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; reserve plant and equipment layaway; and other expenses necessary for the foregoing purposes, including rents and transportation of things; $3,562,400,000, to remain available until expended: <proviso><i>Provided</i>, That effective July 1, 1962, the unexpended balances of the appropriation for “Airlift modernization, Air Force” shall be merged with this appropriation:</proviso> <proviso><i>Provided further</i>. That funds restricted to procurement of long-range bombers in this appropriation for fiscal year 1962 shall not be available for obligation after June 30, 1962.</proviso></content></appropriations> <appropriations level="intermediate"><heading>Missile Procurement, Air Force</heading> <content>For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to the approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; reserve plant and equipment layaway; and other expenses necessary for the foregoing purposes, including rents and transportation of things; $2,459,000,000, to remain available until expended.</content></appropriations> <page identifier="/us/stat/76/326">76 <inline class="smallCaps">Stat</inline>. 326</page> <appropriations level="intermediate"><heading>Other Procurement, Air Force</heading> <content>For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed two thousand four hundred and thirty-four passenger motor vehicles, for replacement only (including ten medium sedans at not to exceed $3,000 each); and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, without regard to section 9774 of title <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s590">70A Stat. 390</ref>.</p></sidenote>10, United States Code, for the foregoing purposes, and such land, and interests therein, may be acquired and construction prosecuted thereon prior to the approval of title by the Attorney General as required by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p></sidenote>section 355, Revised Statutes, as amended; $956,250,000, to remain available until expended.</content></appropriations> <appropriations level="intermediate"><heading>Procurement, Defense Agencies</heading> <content>For expenses of activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense) necessary for procurement, production, and modification of equipment, supplies, materials and spare parts therefor not otherwise provided for; purchase of thirty-nine passenger motor vehicles (including two medium sedans at not to exceed $3,000 each) for replacement only; expansion of public and private plants, equipment and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such land and interest therein may be acquired and construction prosecuted thereon prior to the approval of title by the Attorney General as required by section 355, Revised Statutes, as amended; $36,000,000, to remain available until expended.</content></appropriations> <num class="centered" value="IV">TITLE IV</num> <heading class="centered">RESEARCH, DEVELOPMENT, TEST, AND EVALUATION</heading> <appropriations level="intermediate"><heading>Research, Development, Test, and Evaluation, Army</heading> <content>For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law, $1,319,500,000, to remain available until expended.</content></appropriations> <appropriations level="intermediate"><heading>Research, Development, Test, and Evaluation, Navy</heading> <content>For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law, $1,475,958,000, to remain available until expended.</content></appropriations> <appropriations level="intermediate"><heading>Research, Development, Test, and Evaluation, Air Force</heading> <content>For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipments authorized by law, $3,632,100,000, to remain available until expended: <proviso><i>Provided</i>, That of the funds available in this appropriation account $157,000,000 shall be available only for the Dyna-Soar program and $362,600,000 shall be available only for the RS–70 program.</proviso></content></appropriations> <page identifier="/us/stat/76/327">76 <inline class="smallCaps">Stat</inline>. 327</page> <appropriations level="intermediate"><heading>Research, Development, Test, and Evaluation, Defense Agencies</heading> <content>For expenses of activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law, to remain available until expended; $444,000,000: <proviso><i>Provided</i>, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current fiscal year for programs related to advanced research may be transferred to and merged with this appropriation to be available for the same purposes and time period:</proviso> <proviso><i>Provided further</i>, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to carry out the purposes of advanced research to those appropriations for military functions under the Department of Defense which are being utilized for related programs, to be merged with and to be available for the same time period as the appropriation to which transferred:</proviso> <proviso><i>Provided further</i>, That effective July 1, 1962, the unexpended balances of the appropriation “Salaries and Expenses, Advanced Research Projects Agency, Department of Defense” snail be merged with this appropriation.</proviso></content></appropriations> <appropriations level="intermediate"><heading>Emergency Fund, Defense</heading> <content>For transfer by the Secretary of Defense, with the approval of the Bureau of the Budget, to any appropriation for military functions under the Department of Defense available for research, development, test, and evaluation, or procurement or production related thereto, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation to which transferred, $150,000,000, and, in addition, not to exceed $150,000,000, to be used upon determination by the Secretary of Defense that such funds can be wisely, profitably, and practically used in the interest of national defense and to be derived by transfer from such appropriations available to the Department of Defense for obligation during the current fiscal year as the Secretary of Defense may designate: <proviso><i>Provided</i>, That any appropriations transferred shall not exceed 7 per centum of the appropriation from which transferred.</proviso></content></appropriations> <num class="centered" value="V">TITLE V</num> <heading class="centered">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"><num value="501"><inline class="smallCaps">Sec.</inline> 501. </num><content>During the current fiscal year, the Secretary of Defense <sidenote><p class="firstIndent1 fontsize8">Experts or consultants.</p></sidenote>and the Secretaries of the Army, Navy, and Air Force, respectively, if they should deem it advantageous to the national defense, and if m their opinions the existing facilities of the Department of Defense are inadequate, are authorized to procure services in accordance with section 15 of the Act of August 2, 1946 ( 5 U.S.C, 55a), under regulations <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>prescribed by the Secretary of Defense, and to pay in connection therewith travel expenses of individuals, including actual transportation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty station and return as may be authorized by law: <proviso><i>Provided</i>, That such contracts may be renewed annually.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="502"><inline class="smallCaps">Sec.</inline> 502. </num><content>During the current fiscal year, provisions of law prohibiting <sidenote><p class="firstIndent1 fontsize8">Noncitizens.</p></sidenote>the payment of compensation to, or employment of, any person <page identifier="/us/stat/76/328">76 <inline class="smallCaps">Stat</inline>. 328</page>not a citizen of the United States shall not apply to personnel of the Department of Defense.</content> </section> <section class="firstIndent1 fontsize10"><num value="503"><inline class="smallCaps">Sec.</inline> 503. </num><sidenote><p class="firstIndent1 fontsize8">Availability of appropriations.</p></sidenote><content class="inline">Appropriations contained in this Act shall be available for insurance of official motor vehicles in foreign countries, when required by laws of such countries; payments in advance of expenses determined by the investigating officer to be necessary and in accord with local custom for conducting investigations in foreign countries incident to matters relating to the activities of the department concerned; reimbursement of General Services Administration for security guard services for protection of confidential files; reimbursement of the Federal Bureau of Investigation for expenses in connection with investigation of defense contractor personnel; and all necessary expenses, at the seat of government of the United States of America or elsewhere, in connection with communication and other services and supplies as may be necessary to carry out the purposes of this <sidenote><p class="firstIndent1 fontsize8">Restriction.</p></sidenote>Act: <proviso><i>Provided</i>, That no appropriation contained in this Act, and no funds available from prior appropriations to component departments and agencies of the Department of Defense, shall be used to pay tuition or to make other payments to educational institutions in connection with the instruction or training of file clerks, stenographers, and typists receiving, or prospective file clerks, stenographers, and typists who will receive compensation at a rate below the minimum rate of pay for positions allocated to grade GS-5 under the Classification <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p, 843.</p></sidenote>Act of 1949, as amended.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="504"><inline class="smallCaps">Sec.</inline> 504. </num><sidenote><p class="firstIndent1 fontsize8">Prisoners of war, etc.</p></sidenote><content class="inline">Any appropriation available to the Army, Navy, or the Air Force may, under such regulations as the Secretary concerned may prescribe, be used for expenses incident to the maintenance, pay, and allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation.</content> </section> <section class="firstIndent1 fontsize10"><num value="505"><inline class="smallCaps">Sec.</inline> 505. </num><sidenote><p class="firstIndent1 fontsize8">Land acquisition.</p></sidenote><content class="inline">Appropriations available to the Department of Defense for the current fiscal year for maintenance or construction shall be available for acquisition of land as authorized by section 2672 of title <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t72/s1459">72 stat. 1459</ref>.</p></sidenote>10, United States Code.</content> </section> <section class="firstIndent1 fontsize10"><num value="506"><inline class="smallCaps">Sec.</inline> 506. </num><sidenote><p class="firstIndent1 fontsize8">Schooling for dependents.</p></sidenote><content class="inline">Appropriations for the Department of Defense for the current fiscal year shall be available, (a) except as authorized by the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t64/s1100">64 stat. 1100</ref>.</p></sidenote>Act of September 30, 1950 ( 20 U.S.C. 236–244), for primary and secondary schooling for minor dependents of military and civilian personnel of the Department of Defense residing on military or naval installations or stationed in foreign countries, as authorized for the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s442">70A Stat. 442</ref>.</p></sidenote>Navy by section 7204 of title 10, United States Code, in amounts not exceeding an average of $280 per student, when the Secretary of the Department concerned finds that schools, if any, available in the locality, are unable to provide adequately for the education of such <sidenote><p class="firstIndent1 fontsize8">Occupied areas.</p><p class="firstIndent1 fontsize8">Rewards.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s444">70A Stat. 444</ref>.</p></sidenote>dependents; (b) for expenses in connection with administration of occupied areas; (c) for payment of rewards as authorized for the Navy by section 7209(a) of title 10, United States Code, for information leading to the discovery of missing naval property or the recovery <sidenote><p class="firstIndent1 fontsize8">Deficiency judgments.</p></sidenote>thereof; (d) for payment of deficiency judgments and interests thereon arising out of condemnation proceedings; (e) for payment of rentals <sidenote><p class="firstIndent1 fontsize8">Special purpose space.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t56/s654">56 Stat. 654</ref>.</p><p class="firstIndent1 fontsize8">Articles for prisoners, etc.</p></sidenote>for special purpose space at the seat of government and, in administering the provisions or 43 U.S.C. 315q, rentals may be paid in advance.</content> </section> <section class="firstIndent1 fontsize10"><num value="507"><inline class="smallCaps">Sec.</inline> 507. </num><content>Appropriations for the Department of Defense for the current fiscal year snail be available for: (a) donations of not to exceed $25 to each prisoner upon each release from confinement in military or contract prison and to each person discharged for fraudulent enlistment; (b) authorized issues of articles to prisoners, applicants for enlistment and persons in military custody; (c) subsistence of selective <page identifier="/us/stat/76/329">76 <inline class="smallCaps">Stat</inline>. 329</page>service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and supernumeraries when necessitated by emergent military circumstances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined in nonmilitary facilities; (i) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officers or agents in accordance with law; and (i) expenses of Latin-American cooperation as authorized for the Navy by law (10 U.S.C. 7208): <proviso><i>Provided</i>, That section 212 of the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s443">70A Stat. 443</ref>.</p></sidenote>June 30, 1932 (5 U.S.C. 59a), shall not apply to retired military personnel <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t47/s406">47 stat. 406</ref>; <ref href="/us/stat/t69/s498">69 stat. 498</ref>.</p></sidenote>on duty at the United States Soldiers’ Home.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="508"><inline class="smallCaps">Sec.</inline> 508. </num><content>Insofar as practicable, the Secretary of Defense shall <sidenote><p class="firstIndent1 fontsize8">Assistance to small business.</p></sidenote>assist American small business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by making available or causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act. and by making available or causing to be made available to purchasing and contracting agencies of the Department of Defense information as to commodities and services produced and furnished by small independent enterprises in the United States, and by otherwise helping to give small business an opportunity to participate in the furnishing of commodities and services financed with funds appropriated by this Act.</content> </section> <section class="firstIndent1 fontsize10"><num value="509"><inline class="smallCaps">Sec.</inline> 509. </num><content>No appropriation contained in this Act shall be available <sidenote><p class="firstIndent1 fontsize8">Mess operations.</p></sidenote>for expenses of operation of messes (other than organized messes the operating expenses of which are financed principally from nonappropriated funds) at which meals are sold to officers or civilians except under regulations approved by the Secretary of Defense, which shall (except, under unusual or extraordinary circumstances) establish rates for such meals sufficient to provide reimbursement of operating expenses and food costs to the appropriations concerned: <proviso><i>Provided</i>, That officers and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at the rate of not less than $2.50 per day:</proviso> <proviso><i>Provided further</i>, That for the purposes of this section payments for meals at the rates established hereunder may be made in cash or by deductions from the pay of civilian employees:</proviso> <proviso><i>Provided further</i>, That members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="510"><inline class="smallCaps">Sec.</inline> 510. </num><content>No part of any appropriation contained in this Act shall be available until expended unless expressly so provided elsewhere in this or some other appropriation Act.</content> </section> <section class="firstIndent1 fontsize10"><num value="511"><inline class="smallCaps">Sec.</inline> 511. </num><content>Appropriations of the Department of Defense available for operation and maintenance, may be reimbursed during the current fiscal year for all expenses involved in the preparation for disposal and for the disposal of military supplies, equipment, and materiel, and for all expenses of production of lumber or timber products pursuant to section 2665 of title 10, United States Code, from amounts<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s149">70A Stat. 149</ref>.</p></sidenote> received as proceeds from the sale of any such property: <proviso><i>Provided</i>, That a report of receipts and disbursements under this limitation shall <sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote>be made quarterly to the Committees on Appropriations of the Congress:</proviso> <proviso><i>Provided further</i>, That no funds available to agencies of the <page identifier="/us/stat/76/330">76 <inline class="smallCaps">Stat</inline>. 330</page>Department of Defense shall be used for the operation, acquisition, or construction of new facilities or equipment for new facilities in the continental limits of the United States for metal scrap baling or shearing or for melting or sweating aluminum scrap unless the Secretary of Defense or an Assistant Secretary of Defense designated by him determines, with respect to each facility involved, that the operation of such facility is in the national interest.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="512"><inline class="smallCaps">Sec.</inline> 512. </num><sidenote><p class="firstIndent1 fontsize8">Military appropriations, exemption authority.</p></sidenote> <subsection class="inline"><num value="a">(a) </num><content>During the current fiscal year, the President may exempt appropriations, funds, and contract authorizations, available for military functions under the Department of Defense, from the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665</ref>.</p></sidenote>provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, whenever he deems such action to be necessary in the interests of national defense.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><content>Upon determination by the President that such action is necessary, the Secretary of Defense is authorized to provide for the cost of an airborne alert as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11).</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="firstIndent1 fontsize8">Military personnel, increase.</p></sidenote><content>Upon determination by the President that it is necessary to increase the number of military personnel on active duty beyond the number for which funds are provided in this Act, the Secretary of Defense is authorized to provide for the cost of such increased military personnel, as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11).</content> </subsection> </section> <section class="firstIndent1 fontsize10"><num value="513"><inline class="smallCaps">Sec.</inline> 513. </num><sidenote><p class="firstIndent1 fontsize8">Commissary stores.</p></sidenote><content class="inline">No appropriation contained in this Act shall be available in connection with the operation of commissary stores of the agencies of the Department of Defense for the cost of purchase (including commercial transportation in the United States to the place of sale but excluding all transportation outside the United States) and maintenance of operating equipment and supplies, and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchandise under the control of such commissary stores, except as authorized under regulations promulgated by the Secretaries of the military departments concerned, with the approval of the Secretary of Defense, which regulations shall provide for reimbursement therefor to the appropriations concerned and, notwithstanding any other provision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sufficient gross revenue from sales of commissary stores to make such reimbursement: <proviso><i>Provided</i>, That under such regulations as may be issued pursuant to this section all utilities may lie furnished without cost to the commissary stores outside the continental United States and in Alaska:</proviso> <proviso><i>Provided further</i>, That no appropriation contained in this Act shall be available in connection with the operation of commissary stores within the continental United States unless the Secretary of Defense has certified that items normally procured from commissary stores are not otherwise available at a reasonable distance and a reasonable price in satisfactory quality and quantity to the military and civilian employees of the Department of Defense.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="514"><inline class="smallCaps">Sec.</inline> 514. </num><sidenote><p class="firstIndent1 fontsize8">Proficiency flying.</p></sidenote><content class="inline">Notwithstanding any other provision of law, Executive order, or regulation, no part of the appropriations in this Act shall be available for any expenses of operating aircraft under the jurisdiction of the Armed Forces for the purpose of proficiency flying except in accordance with the regulations issued by the Secretaries or the Departments concerned and approved by the Secretary of Defense which shall establish proficiency standards and maximum and minimum flying hours for this purpose: <proviso><i>Provided</i>, That without regard to any provision of law or Executive order prescribing minimum flight requirements, such regulations may provide for the payment of flight <page identifier="/us/stat/76/331">76 <inline class="smallCaps">Stat</inline>. 331</page>pay at the rates prescribed in section 204(b) of the Career Compensation Act of 1949 (63 Stat. 802) as amended, to certain members of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t69/s20">69 stat. 20</ref>; <ref href="/us/stat/t72/s124">72 stat. 124</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t37/s235">37 USC 235</ref>.</p></sidenote>Armed Forces otherwise entitled to receive flight pay during the current fiscal year (1) who have held aeronautical ratings or designations for not less than fifteen years, or (2) whose particular assignment outside the United States or in Alaska makes it impractical to participate in regular aerial flights.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="515"><inline class="smallCaps">Sec.</inline> 515. </num><content>No part of any appropriation contained in this Act shall <sidenote><p class="firstIndent1 fontsize8">Household goods.</p><p class="firstIndent1 fontsize8">Weight restrictions.</p></sidenote>be available for expense of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects in excess of eleven thousand pounds net in any one shipment: <proviso><i>Provided</i>, That the limitations imposed herein shall not be applicable in the case of members transferred to or serving in stations outside the continental United States or in Alaska under orders relieving them from a duty station within the United States prior to July 10, 1952, and who are returned to the United States under orders relieving them from a duty station beyond the United States or in Alaska on or after July 1, 1953.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="516"><inline class="smallCaps">Sec.</inline> 516. </num><content>Vessels under the jurisdiction of the Department of Commerce, <sidenote><p class="firstIndent1 fontsize8">Vessel transfer.</p></sidenote>the Department of the Army, the Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such agencies upon the request of the head of one agency and the approval of the agency having jurisdiction of the vessels concerned.</content> </section> <section class="firstIndent1 fontsize10"><num value="517"><inline class="smallCaps">Sec.</inline> 517. </num><content>None of the funds provided in this Act shall be available <sidenote><p class="firstIndent1 fontsize8">Legal training, restriction.</p></sidenote>for training in any legal profession nor for the payment of tuition for training in such profession: <proviso><i>Provided</i>, That this limitation shall not apply to the off-duty training of military personnel as prescribed by section 521 of this Act.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="518"><inline class="smallCaps">Sec.</inline> 518. </num><content>Not more than 20 per centum of the appropriations in <sidenote><p class="firstIndent1 fontsize8">Obligated funds, 1963.</p></sidenote>this Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year: <proviso><i>Provided</i>, That this section shall not apply to obligations for support of active duty training of civilian components or summer camp training of the Reserve Officers’ Training Corps.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="519"><inline class="smallCaps">Sec.</inline> 519. </num><content class="inline"><p class="inline">During the current fiscal year the agencies of the Department <sidenote><p class="firstIndent1 fontsize8">Use of foreign real property.</p></sidenote>of Defense may accept the use of real property from foreign countries for the United States in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the same for the support of the United States forces in such areas without specific appropriation therefor.</p> <p class="firstIndent1 fontsize10">In addition to the foregoing, agencies of the Department of Defense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such agencies may use the same for the support of the United States forces in such areas, without specific appropriation therefor: <proviso><i>Provided</i>, That within <sidenote><p class="firstIndent1 fontsize8">Reports to congressional committees and Budget Bureau.</p></sidenote>thirty days after the end of each quarter the Secretary of Defense shall render to the Committees on Appropriations of the Senate and the House of Representatives and to the Bureau of the Budget a full report of such property, supplies, and commodities received during such quarter.</proviso></p> </content> </section> <section class="firstIndent1 fontsize10"><num value="520"><inline class="smallCaps">Sec.</inline> 520. </num><content>During the current fiscal year, appropriations available <sidenote><p class="firstIndent1 fontsize8">Research and development.</p></sidenote>to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Code, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s134">70A Stat. 134</ref>.</p></sidenote>and for purposes related to research and development for which <page identifier="/us/stat/76/332">76 <inline class="smallCaps">Stat</inline>. 332</page>expenditures are specifically authorized in other appropriations of the service concerned.</content> </section> <section class="firstIndent1 fontsize10"><num value="521"><inline class="smallCaps">Sec.</inline> 521. </num><sidenote><p class="firstIndent1 fontsize8">Tuition payments, etc.</p></sidenote><content class="inline">No appropriation contained in this Act shall be available for the payment of more than 75 per centum of charges of educational institutions for tuition or expenses for off-duty training of military personnel, nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training.</content> </section> <section class="firstIndent1 fontsize10"><num value="522"><inline class="smallCaps">Sec.</inline> 522. </num><sidenote><p class="firstIndent1 fontsize8">ROTC.</p><p class="firstIndent1 fontsize8">Loyalty requirement.</p></sidenote><content class="inline">No part of the funds appropriated herein shall be expended for the support of any formally enrolled student in basic courses of the senior division, Reserve Officers’ Training Corps, who has not executed a certificate of loyalty or loyalty oath in such form as shall be prescribed by the Secretary of Defense.</content> </section> <section class="firstIndent1 fontsize10"><num value="523"><inline class="smallCaps">Sec.</inline> 523. </num><sidenote><p class="firstIndent1 fontsize8">Procurement of products, restriction.</p></sidenote><content class="inline">No part of any appropriation contained in this Act shall be available for the procurement of any article of food, clothing, cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles) not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that a satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yam for cartridge cloth, or wool grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: <proviso><i>Provided</i>, That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions:</proviso> <proviso><i>Provided further</i>, That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations:</proviso> <proviso><i>Provided further</i>, That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="524"><inline class="smallCaps">Sec.</inline> 524. </num><sidenote><p class="firstIndent1 fontsize8">Bakery, laundry facilities, etc.</p><p class="firstIndent1 fontsize8">Restriction.</p></sidenote><content class="inline">None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or dry-cleaning facility in the United States, its Territories or possessions, as to which the Secretary of Defense does not certify in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates.</content> </section> <section class="firstIndent1 fontsize10"><num value="525"><inline class="smallCaps">Sec.</inline> 525. </num><sidenote><p class="firstIndent1 fontsize8">Air mail.</p><p class="firstIndent1 fontsize8">Reimbursement.</p></sidenote><content class="inline">During the current fiscal year, appropriations of the Department of Defense shall be available for reimbursement to the Post Office Department for payment of costs of commercial air transportation of military mail between the United States and foreign countries.</content> </section> <section class="firstIndent1 fontsize10"><num value="526"><inline class="smallCaps">Sec.</inline> 526. </num><sidenote><p class="firstIndent1 fontsize8">Foreign quarters.</p></sidenote><content class="inline">Appropriations of the Department of Defense available for the payment of rental allowances shall be available for the leasing of quarters in foreign countries’constructed under the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t66/s622">66 stat. 622</ref>.</p></sidenote>authority of section 302 of Public Law 534, approved July 14, 1952, for assignment as public quarters to military personnel of the Department of Defense.</content> </section> <section class="firstIndent1 fontsize10"><num value="527"><inline class="smallCaps">Sec.</inline> 527. </num><sidenote><p class="firstIndent1 fontsize8">Furnishings, resale.</p></sidenote><content class="inline">Appropriations contained in this Act shall be available for the purchase or household furnishings and automobiles from military anti civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming personnel, and <page identifier="/us/stat/76/333">76 <inline class="smallCaps">Stat</inline>. 333</page>for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of the Department of Defense on duty outside the continental United States or in Alaska, upon a determination, under regulations approved by the Secretary of Defense, that such action is advantageous to the Government.</content> </section> <section class="firstIndent1 fontsize10"><num value="528"><inline class="smallCaps">Sec.</inline> 528. </num><content>During the current fiscal year appropriations available <sidenote><p class="firstIndent1 fontsize8">Uniforms.</p></sidenote>to the Department of Defense for pay of civilian employees shall lie available for uniforms, or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1114">68 stat. 1114</ref>.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"><num value="529"><inline class="smallCaps">Sec.</inline> 529. </num><content class="inline"><p class="inline">During the current fiscal year, the Secretary of Defense <sidenote><p class="firstIndent1 fontsize8">Transfer of ammunition stock.</p></sidenote>shall, upon requisition of the National Board for the Promotion of Rifle Practice, and without reimbursement, transfer from agencies of the Department of Defense to the Board ammunition from stock or which has been procured for the purpose in such amounts as he may determine.</p> <p class="firstIndent1 fontsize10">Such appropriations of the Department of Defense available for obligation during the current fiscal year as may be designated by the Secretary of Defense shall be available for the travel expenses of military and naval personnel, including the reserve components, and members of the Reserve Officers’ Training Corps attending regional, national, or international rifle matches.</p> </content> </section> <section class="firstIndent1 fontsize10"><num value="530"><inline class="smallCaps">Sec.</inline> 530. </num><content>Funds provided in this Act for congressional liaison activities <sidenote><p class="firstIndent1 fontsize8">Congressional liaison activities.</p></sidenote>of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense shall not exceed $950,000: <proviso><i>Provided</i>, That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="531"><inline class="smallCaps">Sec.</inline> 531. </num><content>Of the funds made available by this Act for the services <sidenote><p class="firstIndent1 fontsize8">Civil air fleet.</p></sidenote>of the Military Air Transport Service, $80,000,000 shall be available only for procurement of commercial air transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: <proviso><i>Provided</i>, That the Secretary of Defense shall specify in such procurement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil air fleet.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="532"><inline class="smallCaps">Sec.</inline> 532. </num><content>Not to exceed $11.600,000 of the funds made available in <sidenote><p class="firstIndent1 fontsize8">Motor vehicle hire.</p></sidenote>this Act for the purpose shall be available for the hire of motor vehicles: <proviso><i>Provided</i>, That the Secretary of Defense, under circumstances where the immediate movement of persons is imperative, may, if he deems it to be in the national interest, hire motor vehicles for such purpose without regard to this limitation.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="533"><inline class="smallCaps">Sec.</inline> 533. </num><content>Not less than $7,500,000 of the funds made available in this <sidenote><p class="firstIndent1 fontsize8">Travel expenses.</p></sidenote>Act for travel expenses in connection with temporary duty and permanent change of station of civilian and military personnel of the Department of Defense shall be available only for the procurement of commercial passenger sea transportation service on American-flag vessels.</content> </section> <section class="firstIndent1 fontsize10"><num value="534"><inline class="smallCaps">Sec.</inline> 534. </num><content>During the current fiscal year, appropriations available to <sidenote><p class="firstIndent1 fontsize8">Civilian clothing.</p></sidenote>the Department of Defense for Operation may be used for civilian clothing, not to exceed $40 in cost for enlisted personnel: (1) discharged for misconduct, unfitness, unsuitability, or otherwise than honorably; (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; (3) discharged prior to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government.</content> </section> <page identifier="/us/stat/76/334">76 <inline class="smallCaps">Stat</inline>. 334</page> <section class="firstIndent1 fontsize10"><num value="535"><inline class="smallCaps">Sec.</inline> 535. </num><sidenote><p class="firstIndent1 fontsize8">Defense contracts.</p><p class="firstIndent1 fontsize8">Advertising costs.</p></sidenote><content class="inline">No part of the funds appropriated herein shall be available for paying the costs of advertising by any defense contractor, except advertising for which payment is made from profits, and such advertising shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall be promulgated by the Secretary of Defense, solely for (1) the recruitment by that contractor of personnel required for the performance by the contractor of obligations arising under a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap or surplus materials acquired by the contractor in the performance of a defense contract.</content> </section> <section class="firstIndent1 fontsize10"><num value="536"><inline class="smallCaps">Sec.</inline> 536. </num><sidenote><p class="firstIndent1 fontsize8">Limitation on funds.</p></sidenote><content class="inline">Funds appropriated in this Act for maintenance and repair of facilities and installations shall not be available for acquisition of new facilities, or alteration, expansion, extension or addition of existing facilities, as defined in Department of Defense Directive 7040.2, dated January 18, 1961, in excess of $25,000: <proviso><i>Provided</i>, That the Secretary of Defense may amend or change the said directive during the current fiscal year, consistent with the purpose of this section.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="537"><inline class="smallCaps">Sec.</inline> 537. </num><sidenote><p class="firstIndent1 fontsize8">Transfer of funds, authority.</p></sidenote><content class="inline">During the current fiscal year, the Secretary of Defense may, if he deems it vital to the security of the United States and in the national interest to further improve the readiness of the Armed Forces, including the reserve components, transfer under the authority and terms of the Emergency Fund an additional $200,000,000: <proviso><i>Provided</i>, That the transfer authority made available under the terms of the Emergency Fund appropriation contained in this Act is hereby <sidenote><p class="firstIndent1 fontsize8">Notice to congressional committees.</p></sidenote>broadened to meet the requirements of this section:</proviso> <proviso><i>Provided further</i>, That the Secretary of Defense shall notify the Appropriations Committees of the Congress promptly of all transfers made pursuant to this authority.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="538"><inline class="smallCaps">Sec.</inline> 538. </num><sidenote><p class="firstIndent1 fontsize8">Contract payments in foreign country.</p></sidenote><content class="inline">None of the funds appropriated in this Act may be used to make payments under contracts tor any program, project, or activity in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor.</content> </section> <section class="firstIndent1 fontsize10"><num value="539"><inline class="smallCaps">Sec.</inline> 539. </num><sidenote><p class="firstIndent1 fontsize8">Housing.</p></sidenote><content class="inline">Transfers from appropriations available during the fiscal year 1963 for pay and allowances to the revolving fund “Acquisition, Rehabilitation, and Rental of Wherry Act Housing” authorized <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 237.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1594a">42 USC 1594a</ref>.</p></sidenote>pursuant to law (70 Stat. 1111) shall not exceed amounts necessary to make mortgage payments, including interest, principal, and mortgage insurance premiums, with respect to housing acquired under that fund.</content> </section> <section class="firstIndent1 fontsize10"><num value="540"><inline class="smallCaps">Sec.</inline> 540. </num><sidenote><p class="firstIndent1 fontsize8">Research project grants, expenses of recipient.</p></sidenote><content class="inline">None or the funds provided herein shall be used to pay any recipient of a grant for the conduct of a research project an amount for indirect expenses in connection with such project m excess of 20 per centum of the direct costs.</content> </section> <section class="firstIndent1 fontsize10"><num value="541"><inline class="smallCaps">Sec.</inline> 541. </num><sidenote><p class="firstIndent1 fontsize8">Use of privately owned shipyards.</p></sidenote><content class="inline">Of the funds made available in this Act for repair, alteration, and conversion of naval vessels, at least 35 per centum shall be available for such repair, alteration, and conversion in privately owned shipyards: <proviso><i>Provided</i>, That if determined by the Secretary of Defense to be inconsistent with the public interest based on urgency of requirement to have such vessels repaired, altered, or converted as required above, such work may be done in Navy or private shipyards as he may direct.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="542"><inline class="smallCaps">Sec.</inline> 542. </num><sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote><content class="inline">This Act may be cited as the “<shortTitle role="act">Department of Defense Appropriation Act, 1963.</shortTitle>”</content> </section> Approved August 9, 1962.
Public Law 87–578: Making appropriations for the Department of the Interior and related agencies for the fiscal year ending June 30, 1963, and for other purposes. Public Law 578 Public Law 87–578 76 Stat. 335 1962-08-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 335 Public Law 87–578
AN ACT Making appropriations for the Department of the Interior and related agencies for the fiscal year ending June 30, 1963, and for other purposes.

August 9, 1962

[H. R. 10802]

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

Department of the Interior and Related Agencies Appropriation Act, 1963.

sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior and related agencies for the fiscal year ending June 30, 1963, namely:
<num class="centered" value="I">TITLE I—</num><heading class="inline">DEPARTMENT OF THE INTERIOR</heading> <appropriations level="major"><heading>PUBLIC LAND MANAGEMENT</heading> <appropriations level="intermediate"><heading>Bureau of Land Management</heading> <appropriations level="small"><heading>management of lands and resources</heading> <content>For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, and performance of other functions, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, $41,510,200.</content></appropriations> <appropriations level="small"><heading>construction</heading> <content>For construction of access roads, acquisition of rights-of-way and of existing connecting roads (other than on the revested Oregon and California Railroad grant lands), and acquisition and construction of buildings and appurtenant facilities, $1,000,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>oregon and california grant lands</heading> <content>For construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of rights-of-way and of existing connecting roads on or adjacent to such lands; an amount equivalent to 25 per centum of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands, to remain available until expended: <proviso><i>Provided</i>, That the amount appropriated herein for the purposes of this appropriation on lands administered by the Forest Service shall be transferred to the Forest Service, Department of Agriculture:</proviso> <proviso><i>Provided further</i>, That the amount appropriated herein for road construction on lands other than those administered by the Forest Service shall be transferred to the Bureau of Public Roads, Department of Commerce:</proviso> <proviso><i>Provided further</i>, That the amount appropriated herein is hereby made a reimbursable charge against the Oregon and California land-grant fund and shall be reimbursed to the general fund in the Treasury in accordance with the provisions of the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1181f">43 USC 1181f</ref>.</p></sidenote></proviso></content></appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations for the Bureau of Land Management shall be available for purchase of nine passenger motor vehicles for replacement only; purchase of one aircraft; purchase, erection, and dismantlement of temporary structures; and alteration and maintenance of necessary <page identifier="/us/stat/76/336">76 <inline class="smallCaps">Stat</inline>. 336</page>buildings and appurtenant facilities to which the United States has title: <proviso><i>Provided</i>, That of appropriations herein made for the Bureau of Land Management expenditures in connection with the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands (other than expenditures made under the appropriation “<quotedText>Oregon and California grant lands</quotedText>”) shall be reimbursed from the 25 per centum referred to in subsection (c), title II, of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1181f">43 USC 1181f</ref>.</p></sidenote>Act approved August 28, 1937 (50 Stat. 876), of the special fund designated the “Oregon and California land-grant fund” and section 4 of the Act approved May 24, 1939 (53 Stat. 754), of the special fund designated the “<quotedText>Coos Bay Wagon Road grant fund</quotedText>”:</proviso> <proviso><i>Provided further</i>, That appropriations herein made may be expended on a reimbursable basis for (1) surveys of lands other than those under the jurisdiction of the Bureau of Land Management and (2) protection and leasing of lands and mineral resources for the State of Alaska.</proviso></content></appropriations> <appropriations level="small"><heading>range improvements</heading> <content>For construction, purchase, and maintenance of range improvements pursuant to the provisions of sections 3 and 10 of the Act of June 28, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t48/s1270">48 stat. 1270</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t48/s315b/315i">43 USC 315b, 315i</ref>.</p></sidenote>1934, as amended (43 U.S.C. 315), sums equal to the aggregate of all moneys received, during the current fiscal year, as range improvements fees under section 3 of said Act, 25 per centum of all moneys received, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s315m">43 USC 315m</ref>.</p></sidenote>during the current fiscal year, under section 15 of said Act, and the amount designated for range improvements from grazing fees from Bankhead-Jones lands transferred to the Department of the Interior <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/cfr/t1654–1958/s424">3 CFR 1954–1958 Comp., p. 424</ref>.</p></sidenote>by Executive Order 10787, dated November 6, 1958, to remain available until expended.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Indian Affairs.</heading> <appropriations level="small"><heading>education and welfare services</heading> <content>For expenses necessary to provide education and welfare services for Indians, either directly or in cooperation with States and other organizations, including payment (in advance or from date of admission), of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order, and payment of rewards for information or evidence concerning violations of law on Indian reservations or lands; and operation of Indian arts and crafts shops and museums; $81,300,000.</content></appropriations> <appropriations level="small"><heading>resources management</heading> <content>For expenses necessary for management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigation assessments and charges; acquisition of water rights; advances for Indian industrial and business enterprises; operation of Indian arts and crafts shops and museums; and development of Indian arts and crafts as authorized by law; $34,300,000.</content></appropriations> <appropriations level="small"><heading>REVOLVING FUND FOR LOANS</heading> <content>For payment to the revolving fund for loans, as authorized by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t48/s986">48 stat. 986</ref>.</p></sidenote>section 10 of the Act of June 18, 1934, as amended (25 U.S.C. 470), $4,000,000.</content></appropriations> <page identifier="/us/stat/76/337">76 <inline class="smallCaps">Stat</inline>. 337</page> <appropriations level="small"><heading>construction</heading> <content>For construction, major repair, and improvement of irrigation and power systems, buildings, utilities, and other facilities; acquisition of lands and interests in lands; preparation of lands for farming; and architectural and engineering services by contract; $53,775,000, to remain available until expended: <proviso><i>Provided</i>, That no part of the sum <sidenote><p class="firstIndent1 fontsize8">Restriction.</p></sidenote>herein appropriated shall be used for the acquisition of land within the States of Arizona, California, Colorado, New Mexico, South Dakota, Utah, and Wyoming outside of the boundaries of existing Indian reservations.:</proviso> <proviso><i>Provided further</i>, That no part of this appropriation shall be used for the acquisition of land or water rights within the States of Nevada, Oregon, and Washington either inside or outside the boundaries of existing, reservations.</proviso></content></appropriations> <appropriations level="small"><heading>road construction (liquidation of contract authorization)</heading> <content>For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, and the Act of August 23, 1958 (72 Stat. 834), $16,000,000, to remain available until <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s631">25 USC 631 end note</ref>.</p></sidenote>expended.</content></appropriations> <appropriations level="small"><heading>general administrative expenses</heading> <content>For expenses necessary for the general administration of the Bureau of Indian Affairs, including such expenses in field offices, $4,000,000.</content></appropriations> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans) shall be available for expenses of exhibits; purchase of not to exceed two hundred and twenty passenger motor vehicles (including fifty for police-type use which may exceed by $300 each the general purchase price limitation for the current, fiscal year), of which two hundred shall be for replacement only, which may be used for the transportation of Indians; advance payments for service (including services which may extend beyond the current fiscal year) under contracts executed pursuant to the Act of June 4, 1936 (25 U.S.C. 452), the Act of August 3, 1956 (70 Stat. 986), and legislation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t49/s1458">49 stat. 1458</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s309/309a">25 USC 309, 309a</ref>.</p></sidenote>terminating Federal supervision over certain Indian tribes; purchase of ice for official use of employees; and expenses required by continuing or permanent treaty provisions.</content></appropriations> <appropriations level="small"><heading>tribal funds</heading> <content>In addition to the tribal funds authorized to be expended by existing law, there is hereby appropriated $3,000,000 from tribal funds not otherwise available for expenditure for the benefit of Indians and Indian tribes, including pay and travel expenses of employees j care, tuition, and other assistance to Indian children attending public and private schools. (which may be paid in advance or from date of admission); purchase of land and improvements on land, title to which shall be taken in the name of the United States in trust for the tribe for which purchased; lease of lands and water rights; compensation and expenses of attorneys and other persons employed by Indian tribes under approved contracts; pay, travel, and other expenses of tribal officers, councils, and committees thereof, or other tribal organizations, including mileage for use of privately owned automobiles and per diem in lieu of subsistence at rates established administratively’ but not to exceed those applicable to civilian employees of the Government; relief of Indians, without regard to section 7 of the Act of May 27, <page identifier="/us/stat/76/338">76 <inline class="smallCaps">Stat</inline>. 338</page>1930 (46 Stat. 391), including cash grants; and employment of a curator for the Osage Museum, who shall be appointed with the approval of the Osage Tribal Council and without regard to the classification laws: <proviso><i>Provided</i>, That in addition to the amount appropriated herein, tribal funds may be advanced to Indian tribes during the current fiscal year for such purposes as may be designated by the governing body of the particular tribe involved and approved by the Secretary, except that tribal funds derived from appropriations in satisfaction of awards of the Indian Claims Commission and the Court <sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote>of Claims shall not be further appropriated until a report of the purposes for which the funds are to be used has been submitted to the Senate and. House Committees on Interior and Insular Affairs and those purposes either have been approved by resolution of each of said committees or have not been disapproved by resolution of either of said committees within sixty calendar days from the date the report is submitted, not counting days on which either House is not in session because of an adjournment of more than three calendar days to a day <sidenote><p class="firstIndent1 fontsize8">Restriction.</p></sidenote>certain:</proviso> <proviso><i>Provided, however</i>, That no part of this appropriation or other tribal funds shall be used for the acquisition of land or water rights within the States of Nevada, Oregon, Washington, and Wyoming, either inside or outside the boundaries of existing Indian reservations, if such acquisition results in the property being exempted from local taxation, except as provided for by the Act of July 24, 1956 (70 Stat. 627).</proviso></content></appropriations> <appropriations level="intermediate"><heading>National Park Service</heading> <appropriations level="small"><heading>management and protection</heading> <content>For expenses necessary for the management and protection of the areas and facilities administered by the National Park Service, including protection of lands in process of condemnation; and for plans, investigations, and studies of the recreational resources (exclusive of preparation of detail plans and working drawings) and archeological values in river basins of the United States (except the Missouri River Basin); $25,525,000.</content></appropriations> <appropriations level="small"><heading>maintenance and rehabilitation of physical facilities</heading> <content>For expenses necessary for the operation, maintenance, and rehabilitation of roads (including furnishing special road maintenance service to trucking permittees on a reimbursable basis), trails, buildings, utilities, and other physical facilities essential to the operation of areas administered pursuant to law by the National Park Service, $20,000,000.</content></appropriations> <appropriations level="small"><heading>construction</heading> <content>For construction and improvement, without regard to the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t37/s460">37 stat. 460</ref>; <ref href="/us/stat/t54/s36">54 stat. 36</ref>.</p></sidenote>August 24, 1912, as amended (16 U.S.C. 451), of buildings, utilities, and other physical facilities under the jurisdiction of the National Park Service, including the White House; the repair or replacement of roads, trails, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, or storm, or the construction of projects deferred by reason of the use of funds for such purposes; the acquisition of water rights; and not to exceed $8,622,000 for the acquisition of lands, interest therein, improvements, and related personal property; $40,775,500, to remain available until expended: <sidenote><p class="firstIndent1 fontsize8">Restriction.</p></sidenote><proviso><i>Provided</i>, That no part of this appropriation shall be used for the condemnation of any land for Grand Teton National Park in the State of Wyoming.</proviso></content></appropriations> <page identifier="/us/stat/76/339">76 <inline class="smallCaps">Stat</inline>. 339</page> <appropriations level="small"><heading>construction (liquidation of contract authorization)</heading> <content>For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, $29,000,000, to remain available until expended: <proviso><i>Provided</i>, That none of the funds herein provided shall be expended for planning or construction on the following: Fort Washington and Greenbelt Park, Maryland, except minor roads and trails; Great Falls Park, Virginia; Daingerfield Island Marina, Virginia; and extension of the George Washing- ton Memorial Parkway from vicinity of Brickyard Road to Great Falls, Maryland, or in Prince Georges County, Maryland.</proviso></content></appropriations> <appropriations level="small"><heading>general administrative expenses</heading> <content>For expenses necessary for general administration of the National Park Service, including such expenses in the regional offices, $1,964,000.</content></appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations for the National Park Service shall be available for the purchase of not to exceed one hundred and fifty-two passenger motor vehicles (of which one hundred and twenty-five are for replacement only), including not to exceed fifty-seven for police-type use which may exceed by $300 each the general purchase price limitation for the current fiscal year; and the objects and purposes specified in the Acts of August 8, 1953 (16 U.S.C. 1b-1d), and July 1, 1955 (16 U.S.C. 18f).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t67/s495">67 Stat. 495</ref>; <ref href="/us/stat/t69/s242">69 stat. 242</ref>.</p></sidenote></content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of Territories</heading> <appropriations level="small"><heading>administration of territories</heading> <content>For expenses necessary for the administration of Territories and for the departmental administration of the Trust Territory of the Pacific Islands, under the jurisdiction of the Department of the Interior, including expenses of the offices of the Governors of Guam and American Samoa, as authorized by law (48 U.S.C., secs. 1422, 1431a (c));<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t64/s386">64 stat. 386</ref>.</p></sidenote> salaries of the Governor of the Virgin Islands, the Government Secretary, the Government Comptroller, and the members of their immediate staffs as authorized by law (48 U.S.C. 1591, 72 Stat. 1095); compensation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s503">68 Stat. 503</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t48/s1641">48 USC 1641</ref>.</p></sidenote>and mileage of members of the legislatures in Guam, American Samoa, and the Virgin Islands as authorized by law (48 U.S.C. secs. 1421d(e), 1431a(c), and 1572e); compensation and expenses of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t64/s391">64 stat. 391</ref>; <ref href="/us/stat/t45/s1253">45 stat. 1253</ref>; <ref href="/us/stat/t73/s568">73 stat. 568</ref>.</p></sidenote>the judiciary in American Samoa as authorized by law (48 U.S.C. 1431a(c)); grants to American Samoa, in addition to current local revenues, for support of governmental functions; and personal services, household equipment and furnishings, and utilities necessary in the operation of the houses of the Governors of Guam and American Samoa; $13,768,000: <proviso><i>Provided</i>, That the Territorial and local governments herein provided for are authorized to make purchases through the General Services Administration:</proviso> <proviso><i>Provided further</i>, That appropriations available for the administration of Territories may be expended for the purchase, charter; maintenance, and operation of aircraft and surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be necessary.</proviso></content></appropriations> <appropriations level="small"><heading>trust territory of the pacific islands</heading> <content>For expenses necessary for the Department of the Interior in administration of the Trust Territory of the Pacific Islands pursuant to the Trusteeship Agreement approved by joint resolution of July 18, 1947 (61 Stat. 397), and the Act of June 30, 1954 (68 Stat. 330), in-<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s287">22 USC 287 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t48/s1681">48 USC 1681 and note</ref>.</p></sidenote> <page identifier="/us/stat/76/340">76 <inline class="smallCaps">Stat</inline>. 340</page>cluding the expenses of the High Commissioner of the Trust Territory of the Pacific Islands; compensation and expenses of the Judiciary of the Trust Territory of the Pacific Islands; grants to the Trust Territory of the Pacific Islands in addition to local revenues, for support of governmental functions; $6,600,000: <proviso><i>Provided</i>, That the revolving fund for loans to locally owned private trading enterprises shall continue to be available during the fiscal year 1963:</proviso> <proviso><i>Provided further</i>, That all financial transactions of the Trust Territory, including such transactions of all agencies or instrumentalities established or utilized by such Trust Territory, shall be audited by the General Accounting Office in accordance with the provisions of the Budget and Accounting <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1">31 USC 1</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s65">31 USC 65 note</ref>.</p></sidenote>Act, 1921 (42 Stat. 23), as amended, and the Accounting and Auditing Act of 1950 (64 Stat. 834):</proviso> <proviso><i>Provided further</i>, That the government of the Trust Territory of the Pacific Islands is authorized to make purchases through the General Services Administration:</proviso> <proviso><i>Provided further</i>, That appropriations available for the administration of the Trust Territory of the Pacific Islands may be expended for the purchase, charter, maintenance, and operation of aircraft and surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be necessary in carrying out the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t61/s3302">61 stat. 3302</ref>.</p></sidenote>provisions of article 6(2) of the Trusteeship Agreement approved by Congress:</proviso> <proviso><i>Provided further</i>, That notwithstanding the provisions of any law, the Trust Territory of the Pacific Islands is authorized to receive, during the current fiscal year, from the Department of Agriculture for distribution on the same basis as domestic distribution in any State, Territory, or possession of the United States, without exchange of funds? such surplus food commodities as may be available pursuant to section 32 of the Act of August 24, 1935, as amended (7 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t49/s774">49 stat. 774</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s458">68 stat. 458</ref>; <ref href="/us/stat/t73/s250">73 stat. 250</ref>.</p></sidenote>U.S.C. 612c) and section 416 of the Agricultural Act of 1949, as amended (7 U.S.C. 1431).</proviso></content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Alaska Railroad</heading> <appropriations level="small"><heading>alaska railroad revolving fund</heading> <content>The Alaska Railroad Revolving Fund shall continue available until expended for the work authorized by law, including operation and maintenance of oceangoing or coastwise vessels by ownership, charter, or arrangement with other branches of the Government service, for the purpose of providing additional facilities for transportation of freight, passengers, or mail, when deemed necessary for the benefit and development of industries or travel in the area served; and payment of compensation and expenses as authorized by section 42 of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t39/s750">39 stat. 750</ref>.</p></sidenote>Act of September 7, 1916 (5 U.S.C. 793), to be reimbursed as therein provided: <proviso><i>Provided</i>, That no employee shall be paid an annual salary out of said fund in excess of the salaries prescribed by the Classification <sidenote><p class="firstIndent1 fontsize8"><i>Poat</i>, p. 843.</p></sidenote>Act of 1949, as amended, for grade GS–15, except the general manager of said railroad, one assistant general manager at not to exceed the salaries prescribed by said Act for GS-17, and five officers at not to exceed the salaries prescribed by said Act for grade GS-16.</proviso></content></appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>MINERAL RESOURCES</heading> <appropriations level="intermediate"><heading>Geological Survey</heading> <appropriations level="small"><heading>surveys; investigations, and research</heading> <content>For expenses necessary for the Geological Survey to perform surveys, investigations, and research covering topography, geology, and the mineral and water resources of the United States, its Territories <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s485">5 USC 485 note</ref></p></sidenote>and possessions, and other areas as authorized by law (72 Stat. 837); <page identifier="/us/stat/76/341">76 <inline class="smallCaps">Stat</inline>. 341</page>classify lands as to mineral character and water and power resources; give engineering supervision to power permits and Federal Power Commission licenses; enforce departmental regulations applicable to oil, gas, and other mining leases, permits, licenses, and operating contracts; control the interstate shipment of contraband oil as required by law (15 U.S.C. 715); and publish and disseminate data relative to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t49/s30">49 stat. 30</ref>.</p></sidenote>the foregoing activities; $56,100,000, of which $8,430,000 shall be available only for cooperation with States or municipalities for water resources investigations: <proviso><i>Provided</i>, That no part of this appropriation shall be used to pay more than one-half the cost of any topographic mapping or water resources investigations carried on in cooperation with any State or municipality.</proviso></content></appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>The amount appropriated for the Geological Survey shall be available for purchase of not to exceed forty-nine passenger motor vehicles, for replacement only; purchase of not to exceed one aircraft for replacement only; reimbursement of the General Services Administration for security guard service for protection of confidential files; contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gaging stations and observation wells; expenses of U.S. National Committee on Geology and payment of contributions to the International Union on Geologic Sciences; and payment of compensation and expenses of persons on the rolls of the Geological Survey appointed, as authorized by law, to represent the United States in the negotiation and administration of inter-state compacts.</content></appropriations> <appropriations level="intermediate"><heading>Bureau of Mines</heading> <appropriations level="small"><heading>conservation and development of mineral resources</heading> <content>For expenses necessary for promoting the conservation, exploration, development, production, and utilization of mineral resources, including fuels, in the United States, its Territories, and possessions; and developing synthetics and substitutes; $26,675,000.</content></appropriations> <appropriations level="small"><heading>health and safety</heading> <content>For expenses necessary for promotion of health and safety in mines and in the minerals industries, and controlling fires in coal deposits, as authorized by law, $8,158,000.</content></appropriations> <appropriations level="small"><heading>construction</heading> <content>For the construction and improvement of facilities under the jurisdiction of the Bureau of Mines, $325,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>general administrative expenses</heading> <content>For expenses necessary for general administration of the Bureau of Mines, including such expenses in the regional offices, $1,333,000.</content></appropriations> <page identifier="/us/stat/76/342">76 <inline class="smallCaps">Stat</inline>. 342</page> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations and funds available to the Bureau of Mines may be expended for purchase of not to exceed sixty-seven passenger motor vehicles for replacement only; providing transportation services in isolated areas for employees, student dependents of employees, and other pupils, and such activities may be financed under cooperative arrangements; purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work: <proviso><i>Provided</i>, That the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies. Federal, State, or private:</proviso> <proviso><i>Provided further</i>, That the Bureau of Mines is authorized, during the current fiscal year, to sell directly or through any Government agency, including corporations, any metal or mineral product that may be manufactured in pilot plants operated by the Bureau of Mines, and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts.</proviso></content></appropriations> <appropriations level="small"><heading>development and operation of helium properties</heading> <content>The Secretary is authorized to borrow from the Treasury for payment to the helium production fund pursuant to section 12(a) of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t74/s923">74 stat. 923</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s167j">50 USC 167j</ref>.</p></sidenote>Helium Act Amendments of 1960 to carry out the provisions of the Act and contractual obligations thereunder, including helium purchases, to remain available without fiscal year limitation, $6,000,000, in addition to amounts heretofore authorized to be borrowed.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of Coal Research</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses to encourage and stimulate the production and conservation of coal in the United States through research and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s668">30 USC 668</ref>.</p></sidenote>development, as authorized by law (74 Stat. 337), $3,450,000, to remain available until expended, of which not to exceed $300,000 shall be available for administration and supervision.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of Minerals Exploration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to provide a program for the discovery of the minerals reserves of the United States, its territories and possessions, by encouraging exploration for minerals, including administration of contracts entered into prior to June 30, 1958, under section 303 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t65/s133">65 stat. 133</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t50/s2093">50 USC app. 2093</ref>.</p></sidenote>of the Defense Production Act of 1950, as amended, $750,000, including not to exceed $213,600 for administrative and technical services, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>lead and zinc stabilization program</heading> <content>For necessary expenses to carry out a lead and zinc mining stabilization program, including payments to producers, as authorized by the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s681">30 USC 681</ref>.</p></sidenote>Act of October 3, 1961 (75 Stat. 766), $2,450,000.</content></appropriations> </appropriations> <page identifier="/us/stat/76/343">76 <inline class="smallCaps">Stat</inline>. 343</page> <appropriations level="intermediate"><heading>Office of Oil and Gas</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses to enable the Secretary to discharge his responsibilities with respect to oil and gas? including cooperation with the petroleum industry and State authorities in the production, processing, and utilization of petroleum and its products, and natural gas, $531,000.</content></appropriations> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>fish and wildlife service</heading> <appropriations level="intermediate"><heading>Office of the Commissioner of Fish and Wildlife</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Office of the Commissioner, $364,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Commercial Fisheries</heading> <appropriations level="small"><heading>management and investigations of resources</heading> <content>For expenses necessary for scientific and economic studies, conservation, management, investigation, protection, and utilization of commercial fishery resources, including whales, sea lions, and related aquatic plants and products; collection, compilation, and publication of information concerning such resources; promotion of education and training of fishery personnel; and the performance of other functions related thereto, as authorized by law; $15,225,000.</content></appropriations> <appropriations level="small"><heading>management and investigations of resources</heading> <subheading>(special foreign currency program)</subheading> <content>For purchase of foreign currencies which accrue under title I of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), for the purposes authorized by section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t72/s275">72 stat. 275</ref>.</p></sidenote>104 (k) of that Act, $300,000, which shall be available to purchase only those currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States.</content></appropriations> <appropriations level="small"><heading>construction</heading> <content>For construction and acquisition of buildings and other facilities required for the conservation, management, investigation, protection, and utilization of commercial fishery resources and the acquisition of lands and interests therein, $8,473,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>construction of fishing vessels</heading> <content>For expenses necessary to carry out the provisions of the Act of June 12, 1960, Public Law 86–516, to assist in the construction of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t74/s212">74 stat. 212</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t74/s1401–1413">46 USC 1401–1413</ref>.</p></sidenote>fishing vessels, $750,000.</content></appropriations> <appropriations level="small"><heading>general administrative expenses</heading> <content>For expenses necessary for general administration of the Bureau of Commercial Fisheries, including such expenses in the regional offices, $600,000.</content></appropriations> <page identifier="/us/stat/76/344">76 <inline class="smallCaps">Stat</inline>. 344</page> <appropriations level="small"><heading>administration of pribilof islands</heading> <content>For carrying out the provisions of the Act of February 26, 1944, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t58/s100">58 stat. 100</ref>.</p></sidenote>amended (16 U.S.C. 631a-631q), there are appropriated amounts not to exceed $1,998,000, to be derived from Pribilof Islands fund.</content></appropriations> <appropriations level="small"><heading>limitation on administrative expenses, fisheries loan fund</heading> <content>During the current, fiscal year not to exceed $250,000 of the Fisheries loan fund shall be available for administrative expenses.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Sport Fisheries and Wildlife</heading> <appropriations level="small"><heading>management and investigations of resources</heading> <content>For expenses necessary for scientific and economic studies, conservation, management, investigation, protection, and utilization of sport fishery and wildlife resources, except whales, seals, and sea lions, and for the performance of other authorized functions related to such resources; operation of the industrial properties within the Crab Orchard National Wildlife Refuge (61 Stat. 770); maintenance of the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge; purchase or rent of land, and functions related to wildlife <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t62/s238">62 stat. 238</ref>.</p></sidenote>management in California (16 U.S.C. 695–695c); and leasing and management of lands for the protection of the Florida Key deer; $27,112,000.</content></appropriations> <appropriations level="small"><heading>construction</heading> <content>For construction and acquisition of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of sport fishery and wildlife resources, and the acquisition of lands and interests therein, $6,922,300, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>migratory bird conservation account</heading> <content>For an advance to the Migratory bird conservation account, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s715k–3">16 USC 715k–3</ref>.</p></sidenote>authorized by the Act of October 4, 1961 (75 Stat. 813), $7,000,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>general administrative expenses</heading> <content>For expenses necessary for general administration of the Bureau of Sport Fisheries and Wildlife, including such expenses in the regional offices, $1,250,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Administrative Provisions</heading> <content>Appropriations and funds available to the Fish and Wildlife Service shall be available for purchase of not to exceed one hundred and twenty-four passenger motor vehicles of which ninety-two shall be for replacement only (including fifty for police-type use which may exceed by $300 each the general purchase price limitation for the current fiscal year); purchase of not to exceed two aircraft; not to exceed $30,000 for payment, in the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Fish and Wildlife Service; publication and distribution of bulletins <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t34/s690">34 stat. 690</ref>.</p></sidenote>as authorized by law (7 U.S.C. 417); rations or commutation of rations for officers and crews of vessels at rates not to exceed $3 per man per day; repair of damage to public roads within and adjacent to reservation areas caused by operations of the Fish and Wildlife Serv-<page identifier="/us/stat/76/345">76 <inline class="smallCaps">Stat</inline>. 345</page>ice; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are not inconsistent with their primary purposes; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Fish and Wildlife Service and to which the United States has title, and which are utilized pursuant to law in connection with management and investigation of fish and wildlife resources.</content></appropriations> <appropriations level="intermediate"><heading>Office of Saline Water</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out provisions of the Act of July 3, 1952, as amended (42 U.S.C. 1951–1958), authorizing studies of the conversion of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t75/s628">75 stat. 628</ref>.</p></sidenote>saline water for beneficial consumptive uses, to remain available until expended, $7,600,000, of which not to exceed $525,000 shall be available tor administration and coordination during the current fiscal year.</content></appropriations> <appropriations level="small"><heading>operation and maintenance</heading> <content>For operation and maintenance of demonstration plants for the production of water suitable for agricultural, industrial, municipal, and other beneficial consumptive uses, as authorized by the Act of September 2, 1958, as amended (42 U.S.C. 1958a–1958g), $2,000,000, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t72/s1706">72 stat. 1706</ref>.</p></sidenote>of which not to exceed $175,000 shall be available for administration.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of the Solicitor</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Office of the Solicitor, $3,675,000, and in addition, not to exceed $130,000 may be reimbursed or transferred to this appropriation from other accounts available to the Department of the Interior: <proviso><i>Provided</i>, That hearing officers appointed for Indian probate work need not be appointed pursuant to the Administrative Procedure Act (60 Stat. 237), as amended.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1001">5 USC 1001 note</ref>.</p></sidenote></proviso></content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Office of the Secretary of the Interior (referred to herein as the Secretary), including teletype rentals and service, not to exceed $2,000 for official reception and representation expenses, and purchase of one passenger motor vehicle (medium sedan at not to exceed $3,000) for replacement only, $3,350,000.</content></appropriations> </appropriations> </appropriations> <level> <heading class="centered smallCaps">General Provisions, Department of the Interior</heading> <section class="firstIndent1 fontsize10"><num value="101"><inline class="smallCaps">Sec.</inline> 101. </num><content>Appropriations made in this title shall be available for <sidenote><p class="firstIndent1 fontsize8">Emergency reconstruction.</p></sidenote>expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: <proviso><i>Provided</i>, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="102"><inline class="smallCaps">Sec.</inline> 102. </num><content>The Secretary may authorize the expenditure or transfer <sidenote><p class="firstIndent1 fontsize8">Forest or range fires.</p></sidenote>(within each bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest <page identifier="/us/stat/76/346">76 <inline class="smallCaps">Stat</inline>. 346</page>or range fires on or threatening lands under jurisdiction of the Department of the Interior: <proviso><i>Provided</i>, That appropriations made in this title for fire suppression purposes shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft or other equipment in connection with their use for fire suppression purposes, such reimbursement to be credited to appropriations currently available at the time of receipt thereof.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="103"><inline class="smallCaps">Sec.</inline> 103. </num><sidenote><p class="firstIndent1 fontsize8">Operation of warehouse a, etc.</p></sidenote><content class="inline">Appropriations made in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t47/s417">47 Stat. 417</ref>.</p></sidenote>Act of June 30, 1932 (31 U.S.C. 686): <proviso><i>Provided</i>, That reimbursements for costs of supplies, materials and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="104"><inline class="smallCaps">Sec.</inline> 104. </num><content>Appropriations made to the Department of the Interior<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 1256.</p></sidenote> in this title or in the Public Works Appropriations Act, 1963 shall be available for services as authorized by section 15 of the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 Stat. 810</ref>.</p></sidenote>August 2, 1946 ( 5 U.S.C. 55a), when authorized by the Secretary, at rates not to exceed $75 per diem for individuals, and in total amount not to exceed $175,000; maintenance and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members.</content> </section> <section class="firstIndent1 fontsize10"><num value="105"><inline class="smallCaps">Sec.</inline> 105. </num><content>Appropriations available to the Department of the Interior for salaries and expenses shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 2131 and D.C. Code <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1114">68 stat. 1114</ref>; <ref href="/us/stat/t43/s175">43 stat. 175</ref>.</p></sidenote>4–204).</content> </section> </level> <num class="centered" value="II">TITLE II—</num><heading class="inline">RELATED AGENCIES</heading> <appropriations level="intermediate"><heading>Department of Agriculture</heading> <heading>Forest Service</heading> <appropriations level="small"><heading>forest protection and utilization</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for forest protection and utilization, as follows:</p> <p class="firstIndent1 fontsize10">Forest land management: For necessary expenses of the Forest Service, not otherwise provided for, including the administration, improvement, development, and management of lands under Forest Service administration, fighting and preventing forest fires on or threatening such lands and for liquidation of obligations incurred in the preceding fiscal year for such purposes, control of white pine blister rust and other forest diseases and insects on Federal and non-Federal lands; $139,400,000, of which $5,000,000 for fighting and preventing forest fires and $1,910,000 for insect and disease control snail be apportioned for use, pursuant to section 3679 of the Revised <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665</ref>.</p></sidenote>Statutes, as amended, to the extent necessary under the then existing conditions: <proviso><i>Provided</i>, That not more than $500,000 may be used for acquisition of land under the Act of March 1, 1911, as amended (16 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t36/s962">36 stat. 962</ref>.</p></sidenote>U.S.C. 513–519):</proviso> <proviso><i>Provided further</i>, That funds appropriated for “Cooperative range improvements”, pursuant to section 12 of the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t64/s85">64 stat. 85</ref>.</p></sidenote>April 24, 1950 (16 U.S.C. 580h), may be advanced to this appropriation.</proviso></p> <page identifier="/us/stat/76/347">76 <inline class="smallCaps">Stat</inline>. 347</page> <p class="firstIndent1 fontsize10">Forest research: For forest research at forest and range experiment stations, the Forest Products Laboratory, or elsewhere, as authorized by law; $24,835,000.</p> <p class="firstIndent1 fontsize10">State and private forestry cooperation: For cooperation with States in forest-fire prevention and suppression, in forest tree planting on non-Federal public and private lands, and in forest management and processing, and for advising timberland owners, associations, wood-using industries, and others in the application or forest management principles and processing of forest products, as authorized by law; $15,830,000.</p> </content> </appropriations> <appropriations level="small"><heading>forest roads and trails (liquidation of contract authorization)</heading> <content>For expenses necessary for carrying out the provisions of title 23, United States Code, sections 203 and 205, relating to the construction and maintenance of forest development roads and trails, $37,500,000, to remain available until expended, for liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203: <proviso><i>Provided</i>, That funds available under the Act of March 4, 1913 (f6 U.S.C. 501), shall be merged with and made a part <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t37/s843">37 stat. 843</ref>.</p></sidenote>of this appropriation:</proviso> <proviso><i>Provided further</i>, That not less than the amount made available under the provisions of the Act of March 4, 1913, shall be expended under the provisions of such Act.</proviso></content></appropriations> <appropriations level="small"><heading>access roads</heading> <content>For additional roads needed for access to national forest lands in carrying out the Act of June 4, 1897, as amended (16 U.S.C. 471, 472, 475,476,551), $2,000,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t26/s1103">26 stat. 1103</ref>; <ref href="/us/stat/t33/s628">33 stat. 628</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t30/s34">30 stat. 34</ref>.</p></sidenote></content></appropriations> <appropriations level="small"><heading>acquisition of lands for national forests</heading> <heading>superior national forest</heading> <content>For completion of the acquisition of forest land within the Superior National Forest, Minnesota, under the provisions of the Act of June 22, 1948 (62 Stat. 570; 16 U.S.C. 577c–n), as amended, by purchase, condemnation or otherwise, $2,000,000, to remain available until expended and to be available without regard to the restriction in the proviso in section 1 of that Act.</content></appropriations> <appropriations level="small"><heading>special acts</heading> <content> <p class="firstIndent1 fontsize10">For the acquisition of land in the Cache National Forest, Utah, in accordance with the Act of May 11, 1938 (52 Stat. 347), as amended, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t58/s227">58 stat. 227</ref>.</p></sidenote>$10,000, to be derived from forest receipts as authorized by said Act: <proviso><i>Provided</i>, That no part of this appropriation shall be used for acquisition of any land which is not within the boundaries of a national forest:</proviso> <proviso><i>Provided further</i>, That no part of this appropriation shall be used for the acquisition of any land without the approval of the local government concerned.</proviso></p> <p class="firstIndent1 fontsize10">For acquisition of land to facilitate the control of soil erosion and Hood damage originating within the exterior boundaries of the Uinta and Wasatch National Forests, in accordance with the provisions of the Act of August 26, 1935 (49 Stat. 866), as amended, authorizing annual appropriation of forest receipts for such purposes, from such receipts, $20,000: <proviso><i>Provided</i>, That no part of this appropriation shall be used for acquisition of any land which is not within the boundaries of the national forest.</proviso></p> </content> </appropriations> <page identifier="/us/stat/76/348">76 <inline class="smallCaps">Stat</inline>. 348</page> <appropriations level="small"><heading>cooperative range improvements</heading> <content>For artificial revegetation, construction, and maintenance of range improvements, control of rodents, and eradication of poisonous and noxious plants on national forests in accordance with section 12 of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t64/s85">64 stat. 85</ref>.</p></sidenote>Act of April 24, 1950 (16 U.S.C. 580h), to be derived from grazing fees as authorized by said section, $700,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>assistance to states for tree planting</heading> <content>For expenses necessary to carry out section 401 of the Agricultural <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70/s207">70 stat. 207</ref>.</p></sidenote>Act of 1956, approved May 28, 1956 (16 U.S.C. 568e), $1,000,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>administrative provisions, forest service</heading> <content> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Passenger motor vehicles.</p></sidenote>Appropriations available to the Forest Service for the current fiscal year shall be available for: (a) purchase of not to exceed one hundred and sixty-five passenger motor vehicles, of which one hundred and thirty-seven shall be for replacement only, and hire of such vehicles; operation and maintenance of aircraft and the purchase of not to exceed three of which one shall be for replacement.only; (b) employment pursuant to the second sentence of section 706(a) of the Organic <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t58/s742">58 stat. 742</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>Act of 1944 (5 U.S.C. 574), as amended by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), in an amount not to exceed $25,000; (c) uniforms, or allowances therefor, as authorized by the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1114">68 stat. 1114</ref>.</p></sidenote>September 1, 1954, as amended (5 U.S.C. 2131); (d) purchase, erection, and alteration of buildings and other public improvements (5 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t58/s742">58 stat. 742</ref>.</p></sidenote>U.S.C. 565a); (e) expenses of the National Forest Reservation Commission as authorized by section 14 of the Act of March 1, 1911 (16 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t36/s963">36 stat. 963</ref>.</p></sidenote>U.S.C. 514); and (f ) acquisition of land and interests therein for sites for administrative purposes, pursuant to the Act of August 3, 1956 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70/s1034">70 stat. 1034</ref>.</p></sidenote>(7 U.S.C. 428a).</p> <p class="firstIndent1 fontsize10">Except to provide materials required in or incident to research or experimental work where no suitable domestic product is available, no part of the funds appropriated to the Forest Service shall lie expended in the purchase of twine manufactured from commodities or materials produced outside of the United States.</p> <p class="firstIndent1 fontsize10">Funds appropriated under this Act shall not lie used for acquisition of forest lands under the provisions of the Act approved March 1, 1911, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t36/s962">36 stat. 962</ref>.</p></sidenote>as amended (16 U.S.C. 513–519, 521), where such land is not within the boundaries of a national forest nor shall these lands or lands authorized for purchase in Sanders County, Montana, be acquired without approval of the local government concerned.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Coal Mine Safety Board of Review</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Federal Coal Mine Safety Board of Review, including services as authorized by section 15 of the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>August 2, 1946 (5 U.S.C. 55a), $70,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Commission of Fine Arts</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses made necessary by the Act establishing a Commission of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t36/s371">36 stat. 371</ref>.</p></sidenote>Fine Arts (40 U.S.C. 104), including payment of actual traveling expenses of the members and secretary of the Commission in attending meetings and Committee meetings of the Commission either within <page identifier="/us/stat/76/349">76 <inline class="smallCaps">Stat</inline>. 349</page>or outside the District of Columbia, to be disbursed on vouchers approved by the Commission, $80,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Department of Health, Education, and Welfare</heading> <heading>Public Health Service</heading> <appropriations level="small"><heading>indian health activities</heading> <content>For expenses necessary to enable the Surgeon General to carry out the purposes of the Act of August 5, 1954 ( 68 Stat. 674), as amended; <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2001">42 USC 2001 <i>et seq</i></ref>.</p></sidenote>purchase of not to exceed twenty-six passenger motor vehicles, of which nineteen shall be for replacement only; hire of passenger motor vehicles and aircraft; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the purposes set forth in sections 301 (with respect to research conducted at facilities financed by this appropriation), 321, 322(d), 324, and 509 of the Public Health Service Act; $55,834,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t58/s691">58 stat. 691</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241/248/249/251/227">42 USC 241, 248, 249, 251, 227</ref>.</p></sidenote></content></appropriations> <appropriations level="small"><heading>construction of indian health facilities</heading> <content>For construction, major repair, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites; purchase and erection of portable buildings; purchase of trailers; and provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 ( 42 U.S.C. 2004a); $9,335,000, to remain available until <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t73/s267">73 stat. 267</ref>.</p></sidenote>expended.</content></appropriations> <appropriations level="small"><heading>administrative provisions, public health service</heading> <content> <p class="firstIndent1 fontsize10">Appropriations contained in this Act, available for salaries and expenses, shall be available for services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote></p> <p class="firstIndent1 fontsize10">Appropriations contained in this Act available for salaries and expenses <sidenote><p class="firstIndent1 fontsize8">Library membership.</p></sidenote>shall be available for payment in advance for dues or fees for library membership in organizations whose publications are available to members only or to members at a price lower than to the general public and for payment in advance for publications available only upon that basis or available at a reduced price on prepublication orders.</p> <p class="firstIndent1 fontsize10">Appropriations contained in this Act available for salaries and expenses shall be available for uniform or allowances therefor as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1114">68 stat. 1114</ref>.</p></sidenote></p> <p class="firstIndent1 fontsize10">Appropriations contained in this Act available for salaries and expenses <sidenote><p class="firstIndent1 fontsize8">Attendance at meetings.</p></sidenote>shall be available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Indian Claims Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out the purposes of the Act of August 13, 1946 (25 U.S.C. 70), creating an Indian Claims Commission, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s1049">60 Stat. 1049</ref>.</p></sidenote>$290,000, of which not to exceed $10,000 shall be available for expenses of travel.</content></appropriations> </appropriations> <page identifier="/us/stat/76/350">76 <inline class="smallCaps">Stat</inline>. 350</page> <appropriations level="intermediate"><heading>National Capital Planning Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses, as authorized by the National Capital <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t66/s781">66 stat. 781</ref>;</p><p class="firstIndent1 fontsize8">D. C. Code 1–1001 note.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1114">68 stat. 1114</ref>.</p></sidenote>Planning Act of 1952 (40 U.S.C. 71–71i), including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); and uniforms or allowances therefor, as authorized by law (5 U.S.C. 2131); $625,000.</content></appropriations> <appropriations level="small"><heading>land acquisition, national capital park, parkway, and playground system</heading> <content>For necessary expenses for the National Capital Planning Commission for acquisition of land for the park, parkway, and playground system of the National Capital, as authorized by the Act of May 29, 1930 (46 Stat. 482), as amended, to remain available until expended, $100,000 which shall be available for the purpose of section 1(a) thereof: <proviso><i>Provided</i>, That not exceeding $50,000 of the funds available for land acquisition purposes shall be used during the current fiscal year for necessary expenses of the Commission (other than payments for land) in connection with land acquisition.</proviso></content></appropriations> </appropriations> <appropriations level="intermediate"><heading>National Capital Transportation Agency</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out the provisions of title II of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s661–665">40 USC 661–665</ref>.</p></sidenote>Act of July 14, 1960 ( 74 Stat. 537), including payment in advance for membership in societies whose publications or services are available to members only or to members at a price lower than to the general public; hire of passenger motor vehicles; and uniforms or allowances <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1114">68 stat. 1114</ref>.</p></sidenote>therefor, as authorized by law (5 U.S.C. 2131); $3,000,000.</content></appropriations> <appropriations level="small"><heading>land acquisition and construction</heading> <content>For necessary expenses for the National Capital Transportation Agency for acquisition of land for extra-wide median strips, or interests therein, and for incidental construction, for transit facilities, as authorized by law, $400,000, to remain available until expended: <proviso><i>Provided</i>, That such land purchases shall be subject to the advance approval of the Director of the Bureau of the Budget.</proviso></content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Smithsonian Institution</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For all necessary expenses for the preservation, exhibition, and increase of collections from the surveying and exploring expeditions of the Government and from other sources; for the system of international exchanges between the United States and foreign countries; for anthropological researches among the American Indians and the natives of lands under the jurisdiction or protection of the United States, independently or in cooperation with State, educational, and scientific organizations in the United States, and the excavation and preservation of archeological remains; for maintenance of the Astrophysical Observatory and making necessary observations in high altitudes; for the administration of the National Collection of Fine Arts and the National Portrait Gallery; for the administration, construction, and maintenance of laboratory and other facilities on Barro Colorado Island, Canal Zone, under the provisions of the Act of<page identifier="/us/stat/76/351">76 <inline class="smallCaps">Stat</inline>. 351</page>July 2, 1940, as amended by the provisions of Reorganization Plan <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t54/s724">54 stat. 724</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t54/s79–79e">20 USC 79–79e</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s1097">60 stat. 1097</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s133y–16">5 USC 133y–16 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s997">60 stat. 997</ref>.</p></sidenote>Numbered 3 of 1946; for the maintenance and administration of a national air museum as authorized by the Act of August 12, 1946 (20 U.S.C. 77); for expenses of the National Armed Forces Museum Advisory Board; including not to exceed $35,000 for services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>purchase, repair, and cleaning of uniforms for guards and elevator operators, and uniforms or allowances therefor, as authorized by law (5 U.S.C. 2131), for other employees; repairs and alterations of buildings <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1114">68 stat. 1114</ref>.</p></sidenote>and approaches; and preparation of manuscripts, drawings, and illustrations for publications; $10,900,000.</content></appropriations> <appropriations level="small"><heading>construction and improvements, national zoological park</heading> <content>For necessary expenses of planning, construction, remodeling, and equipping of buildings and facilities at the National Zoological Park, $1,275,000, to remain available until expended: <proviso><i>Provided</i>, That such portion of this amount as may be necessary may be transferred to the District of Columbia (20 U.S.C. 81–84; 75 Stat. 779).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t26/s78">26 stat. 78</ref>.</p></sidenote></proviso></content></appropriations> <appropriations level="small"><heading>salaries and expenses, national gallery of art</heading> <content>For the upkeep and operation of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51). as amended by the public resolution of April 13, 1939 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s71">20 USC 71</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t53/s577">53 stat. 577</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>(Public Resolution 9, Seventy-sixth Congress), including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards and elevator operators and uniforms, or allowances therefor for other employees as authorized by law (5 U.S.C. 2131); purchase or rental of devices and services for <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1114">68 stat. 1114</ref>.</p></sidenote>protecting buildings and contents thereof, and maintenance and repair of buildings, approaches, and grounds; and not to exceed $15,000 for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper; $2,054,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Transitional Grants to Alaska</heading> <content>For grants to the State of Alaska to assist in accomplishing an orderly transition from Territorial status to statehood and to facilitate the assumption of responsibilities hitherto performed in Alaska by the Federal Government, and for expenses of providing Federal services or facilities in Alaska for an interim period, as authorized by law (73 Stat. 151), $3,000,000.</content></appropriations> <appropriations level="intermediate"><heading>Civil War Centennial Commission</heading> <content>For expenses necessary to carry out the provisions of the Act of September 7, 1957 (71 Stat. 626), as amended (72 Stat. 1769), $100,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t36/s749">36 USC 749</ref>.</p></sidenote></content></appropriations> <page identifier="/us/stat/76/352">76 <inline class="smallCaps">Stat</inline>. 352</page> <appropriations level="intermediate"><heading>General Provisions, Related Agencies</heading> <content>The per diem rate, unless an agency is otherwise limited by law to payment of a lesser per diem, paid from appropriations made available under this title for services as authorized by section 15 of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>Act of August 2, 1946 (5 U.S.C. 55a), shall not exceed $75.</content></appropriations> <num class="centered" value="III">TITLE III—</num><heading class="inline">VIRGIN ISLANDS CORPORATION</heading> <appropriations level="intermediate"><heading>Revolving Fund</heading> <content>For an additional amount for the revolving fund established under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t63/s875">63 stat. 875</ref>.</p></sidenote>this head in the Supplemental Appropriation Act, 1950, for advances to the Virgin Islands Corporation, as authorized by law (63 Stat. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t48/s1407/1407e">48 USC 1407 note, 1407e</ref>.</p></sidenote>350; 72 Stat. 1760), $200,000.</content></appropriations> <appropriations level="intermediate"><heading>Limitation on Administrative Expenses, Virgin Islands Corporation</heading> <content> <p class="firstIndent1 fontsize10">During the current fiscal year the Virgin Islands Corporation is hereby authorized to make such expenditures, within the limits of funds available to it and in accord with law, and to make such contracts and commitments without regard to fiscal-year limitations as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t61/s584">61 Stat. 584</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote>provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out its programs as set forth in the budget for the current fiscal year: <proviso><i>Provided</i>, That not to exceed $180,000 shall be available for administrative expenses (to be computed on an accrual basis) of the Corporation, covering the categories set forth in the 1963 budget estimates for such expenses.</proviso></p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote>This Act may be cited as the “<shortTitle role="act">Department of the Interior and Related Agencies Appropriation Act, 1963.</shortTitle>”</p> </content> </appropriations> Approved August 9, 1962.
Public Law 87–579: To revise the laws relating to depository libraries. Public Law 579 Public Law 87–579 76 Stat. 352 1962-08-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–579
AN ACT To revise the laws relating to depository libraries.

August 9, 1962

[H. R. 8141]

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

Depository Library Act of 1962a

That this Act shall be known as the “Depository Library Act of 1962”.

“Government publication.”

The term “Government publication” as used in this Act and the amendments made by it means informational matter which is published as an individual document at Government expense, or as required by law.

Availability of Government publications through Superintendent of Documents.

Government publications, except those determined by their issuing components to be required for official use only or those required for strictly administrative or operational purposes which have no public interest or educational value and publications classified for reasons of national security, shall be made available to depository libraries through the facilities of the Superintendent of Documents for public information. Each component of the Government shall furnish the Superintendent of Documents a list of publications, except those required for official use only or those required for strictly administrative or operational purposes which have no public interest or educational value and publications classified for reasons of national security, which it issued during the previous month that were obtained from sources other than the Government Printing Office.
76 Stat. 353
Sec. 2. That section 501 of the Revised Statutes, as amended (March 1, 1907, ch. 2284, sec. 4, 34 Stat. 1014; 44 U.S.C. 82), is hereby amended to read as follows:
“Sec. 501. The Government publications, which may be selected

Distribution of copies to designated depositories.

from lists prepared by the Superintendent of Documents and when requested from him, shall be distributed to depository libraries specifically designated by law and to such libraries as have been or shall be designated by each of the Senators from the several States, by the Representatives in Congress from each congressional district and at large, by the Resident Commissioner from Puerto Rico, by the Board of Commissioners of the District of Columbia, and by the Governors of Guam, American Samoa, and the Virgin Islands, respectively: Provided, That (1) additional libraries within areas served by Representatives or the Resident Commissioner from Puerto Rico may be designated by them to receive Government publications to the extent that the total number of libraries designated by Representatives or the Resident Commissioner from Puerto Rico, as the case may be, shall not exceed two within each area, and (2) additional libraries within any State may be designated by each of the Senators from such State to the extent that the libraries within such State designated by Senators shall not exceed two designated by a Senator of each class; however before any additional library within a State, congressional district or the Commonwealth of Puerto Rico shall be designated as a depository for Government publications, the head of that library shall furnish his Senator, Representative or the Resident Commissioner from Puerto Rico, as the case may be, with justification of the necessity for the additional designation. This justification, which shall also include a certification as to the need for the additional depository library designation, shall be signed by the head of every existing depository library within the congressional district or the Commonwealth of Puerto Rico or by the head of the library authority of the State or the Commonwealth of Puerto Rico, within which the additional depository library is to be located. The justification for additional depository library designations shall lie transmitted to the Superintendent of Documents by the Senator, Representative or the Resident Commissioner from Puerto Rico, as the case may be. Notwithstanding any other provision of this section, the Board of Commissioners of the District of Columbia may designate two depository libraries in the District of Columbia, the Governor of Guam and the Governor of American Samoa may each designate one depository library in Guam and American Samoa, respectively, and the Governor of the Virgin Islands may designate one depository library on the island of Saint Thomas and one on the island of Saint Croix.”
Sec. 3. That section 502 of the Revised Statutes, as amended (January 12,

Designation of depositories.

1895, ch. 23, secs. 53 and 61,.28 Stat. 608 and 610; 44 U.S.C. 83), is hereby amended to read as follows:
“Sec. 502. The Superintendent of Documents shall currently issue a classified list of Government publications in suitable form, containing annotations of contents and listed by item identification numbers in such manner as to facilitate the selection of only those publications which may be needed by designated depository libraries. The selected publications shall be distributed to depository libraries in accordance with regulations issued by the Superintendent of Documents, so long as they fulfill the conditions provided by law.”
Sec. 4. That section 5 of the Act of June 23, 1913 ( 38 Stat. 75, ch. 3; 44 U.S.C. 84), is hereby amended to read as follows:
“Sec. 5. The designation of a library to replace any depository

New designations.

library, other than a depository library specifically designated by law, 76 Stat. 354may be made only within the limitations on total numbers specified in

Ante, p. 353.

section 501 of the Revised Statutes (44 U.S.C. 82), as amended, and only when the library to be replaced shall cease to exist, when the library voluntarily relinquishes its depository status, or when the Superintendent of Documents determines that it no longer fulfills the conditions provided by law for depository libraries.”
Sec. 5. That section 4 of the Act of March 1, 1907, as amended (34 Stat. 1014, ch. 2284, and 52 Stat. 1206, ch. 708; 44 U.S.C. 85), is hereby amended to read as follows:
“Sec. 4.

Allotment of copies.

Upon request of the Superintendent of Documents, the components of the Government which order the printing of publications shall either increase or decrease the number of copies of publications furnished for distribution to designated depository libraries and State libraries so that the number of copies delivered to the Superintendent of Documents shall lie equal to the number of libraries on the list: Provided, That the number thus delivered shall not be restricted by any existing statutory limitation: Provided further,

Congressional journals.

That such copies of publications which are furnished the Superintendent of Documents for distribution to designated depository libraries shall include the journals of the Senate and House or Representatives; all publications, not confidential in character, printed upon the requisition of any congressional committee; all Senate and House public bills and resolutions; and all reports on private bills, concurrent or simple resolutions; but shall not include so-called cooperative publications which must necessarily be sold in order to be self-sustaining.

Notice to Government agencies.

“The Superintendent of Documents shall currently inform the components of the Government which order the printing of publications as to the number of copies of their publications required for

Cost of printing and binding.

distribution to depository libraries. The cost of printing and binding those publications which are distributed to depository libraries, when obtained elsewhere than from the Government Printing Office, shall lie borne by components of the Government responsible for their issuance; those requisitioned from the Government Printing Office shall be charged to appropriations provided the Superintendent of Documents for that purpose.

Land-grant colleges.

“All land-grant colleges shall be constituted as depositories to receive Government publications subject to the provisions and limitations of the depository laws.”
Sec. 6.

Investigation of libraries.

That section 70 of the Act of January 12, 1895 ( 28 Stat. 612, ch. 23; 44 U.S.C. 86), is hereby amended to read as follows:
“Sec. 70. Each library which may hereafter be designated by Senators, Representatives, the Resident Commissioner from Puerto Rico, the Board of Commissioners of the District of Columbia, or the Governors of Guam, American Samoa, or the Virgin Islands as a depository of Government publications shall be able to provide custody and service for depository materials and be located in an area where it can best serve the public need, and shall be located within an area not already adequately served by existing depository libraries. The Superintendent of Documents shall receive reports from designated depository libraries at least every two years concerning the condition of each and shall make firsthand investigation of conditions for which need is indicated; the results of such investigations shall be included in his annual report. Whenever he shall ascertain that the number of books in any such library is below ten thousand, other than Government publications, or it has ceased to be maintained so as to be accessible to the public, or that the Government publications which have been furnished the library have not been properly maintained, he shall delete the library from the list of depository libraries 76 Stat. 355if the library fails to correct the unsatisfactory conditions within six months. The Representative or the Resident Commissioner from Puerto Rico in whose area the library is located (or (1) in the case of a library designated by a Senator, the Senator who made such designation or any successor of such Senator. (2) in the case of a library in the District of Columbia, the Board of Commissioners of the District of Columbia, and (3) in the case of a library in Guam, American Samoa, or the Virgin Islands, the Governor) shall be notified and shall then be authorized to designate another library within the area served by him, which shall meet the conditions herein required, but which shall not be in excess of the number of depository libraries authorized by law within the State, district, territory, or the Commonwealth of Puerto Rico, as the case may be.”
Sec. 7. That section 98 of the Act of January 12, 1895 (28 Stat. 624, ch. 23; 44 U.S.C. 87), is hereby amended to read as follows:
“Sec. 98. The libraries of the executive departments, of the United

Libraries of executive departments etc.

States Military Academy, of the United States Naval Academy, of the United States Air Force Academy, of the United States Coast Guard Academy, and of the United States Merchant Marine Academy are constituted designated depositories of Government publications. A depository library within each independent agency may be designated upon certification of need by the head of the independent agency to the Superintendent of Documents. Additional depository libraries within executive departments and independent agencies may be designated to receive Government publications to the extent that the number so designated shall not exceed the number of major bureaus or divisions of such departments and independent agencies. These designations shall be made only after certification by the head of each executive department or independent agency to the Superintendent of Documents as to the justifiable need for additional depository libraries. Depository libraries within executive departments and independent agencies are authorized to dispose of unwanted Government publications after first offering them to the Library of Congress and the National Archives.”
Sec. 8. That section 74 of the Act of January 12, 1895, as amended

Government publications as public property, free use.

(28 Stat. 620, ch. 23; and sec. 11, 49 Stat. 1552, ch. 630; 44 U.S.C. 92), is hereby amended to read as follows:
“Sec. 74. All Government publications of a permanent nature which are furnished by authority of law to officers (except Members of Congress) of the United States Government, for their official use, shall be stamped ‘Property of the United States Government’, and shall be preserved by such officers and by them delivered to their successors in office as a part of the property appertaining to the office. Government publications which are furnished to depository libraries shall be made available for the free use of the general public, and may be disposed of by depository libraries after retention for a minimum period of five years, and in accordance with the provisions of section 9 of the Depository Library Act of 1962, if the depository library is served by a regional depository library. When the depository libraries are not served by a regional depository library, or if they are regional depository libraries themselves, the Government publications, except superseded publications or those issued later in bound form which may be discarded as authorized by the Superintendent of Documents, shall be retained permanently in either printed form or in microfacsimile form.”
Sec. 9.

Not to exceed two depository libraries in each State and

Regional depositories.

the Commonwealth of Puerto Rico may be designated as herein provided to be regional depositories, and as such shall receive from the Superintendent of Documents copies of all new and revised Govern-76 Stat. 356ment publications authorized for distribution to depository libraries. Designation of regional depository libraries may lie made by a Senator or the Resident Commissioner from Puerto Rico within the areas served by them, after approval by the head of the library authority of the State or the Commonwealth of Puerto Rico, as the case may lie, who shall first ascertain from the head of the library to lie so designated that the library will, in addition to fulfilling the requirements for depository libraries, retain at least one copy of all Government publications, either in printed or microfacsimile form (except those authorized to be discarded by the Superintendent of Documents); and within the region served will provide interlibrary loan, reference service, and assistance for depository libraries in the disposal of unwanted Government publications as herein provided. The agreement to function as a regional depository library shall be transmitted to the Superintendent of Documents by the Senator or the Resident Commissioner from Puerto Rico when designation is made.

Disposition of publications after five years.

The libraries designated as regional depositories shall be authorized to permit depository libraries, within the areas served by them, to dispose of Government publications which they have retained for at least five years after first offering them to other depository libraries within their area, then to other libraries and then if not wanted to discard.
Sec. 10. The Public Printer, with the approval of the Joint Committee on Printing, as provided for by section 2 of the Printing Act of

44 USC 4.

1895 (ch. 23, sec. 2, 28 Stat. 601), as amended, shall adopt and employ such measures as he deems necessary for the economical and practical implementation of this Act.
Sec. 11.

Repeal.

The Act entitled “An Act to make the United States Coast Guard Academy library a public depository for Government publications”, approved August 5, 1939 (53 Stat. 1209; 44 U.S.C. 87a), is hereby repealed.
Approved August 9, 1962.
Public Law 87–580: To promote the production of oysters by propagation of disease-resistant strains, and for other purposes. Public Law 580 Public Law 87–580 76 Stat. 356 1962-08-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–580
AN ACT To promote the production of oysters by propagation of disease-resistant strains, and for other purposes.

August 9, 1962

[H. R. 7336]

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

Oysters.

Disease-resistant strains, propagation.
The Secretary of the Interior is authorized with respect to those States where he finds that excessive mortality of oysters presents an immediate and substantial threat to the economic stability of the oyster industry in such area or region, to acquire oyster brood stock that he believes possesses resistance to the causative agent of such excessive mortality. The Secretary may thereafter transfer such brood stock to the particular States involved for planting in spawning sanctuaries and protection of such State or States. Distribution of the resultant seed oysters by the States shall be in accordance with plans and procedures that are mutually acceptable to the Secretary and the cooperating States: Provided, That the purchase of oyster brood stock hereunder by the Secretary shall be conditional upon the participating State or States, in each instance, paying one-third of the cost of such brood stock. The Secretary of the Interior is authorized to cooperate with the States in any manner necessary to accomplish the purposes of this Act.
Sec. 2.

Grants to States for research, etc.

The Secretary of the Interior is authorized to make grants to the States referred to in the first section of this Act for the purpose of assisting such States in the financing of research and other activities 76 Stat. 357necessary in the development and propagation of disease-resistant strains of oysters. A grant under this section shall he made upon agreement by the State to use the proceeds thereof only for the purposes specified in this section and to use an additional amount for such purposes from State or other non-Federal sources equal to at least 50 per centum of the amount of such grant.
Sec. 3. There is authorized to be appropriated such sum, not to exceed

Appropriation.

$100,000, as may be necessary to carry out the provisions of this Act.
Approved August 9, 1962.
Public Law 87–581: To establish standards for hours of work and overtime pay of laborers and mechanics employed on work done under contract for, or with the financial aid of, the United States, for any territory, or for the District of Columbia, and for other purposes. Public Law 581 Public Law 87–581 76 Stat. 357 1962-08-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–581
AN ACT To establish standards for hours of work and overtime pay of laborers and mechanics employed on work done under contract for, or with the financial aid of, the United States, for any territory, or for the District of Columbia, and for other purposes.

August 13, 1962

[H. R. 10786]

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

Work Hours Act of 1962.

be cited as the “Work Hours Act of 1962” and title I may be cited as the “Contract Work Hours Standards Act”.
Sec. 2. As used in this Act, the term “this Act” means the Work Hours Act of 1962 except in title I, where it means the Contract Work Hours Standards Act.
<num class="centered" value="I">TITLE I—</num><heading class="inline">CONTRACT WORK HOURS STANDARDS ACT</heading> <section class="firstIndent1 fontsize10"><num value="101"><inline class="smallCaps">Sec.</inline> 101. </num><content>As used herein, the term “Secretary” <sidenote><p class="firstIndent1 fontsize8">“Secretary”.</p></sidenote>means the Secretary of Labor, United States Department of Labor.</content> </section> <section class="firstIndent1 fontsize10"><num value="102"><inline class="smallCaps">Sec.</inline> 102. </num> <subsection class="inline"><num value="a">(a) </num><content>Notwithstanding any other provision of law, the wages <sidenote><p class="firstIndent1 fontsize8">Forty-hour week provision.</p></sidenote>of every laborer and mechanic employed by any contractor or sub-contractor in his performance of work on any contract of the character specified in section 103 shall be computed on the basis of a standard workday of eight hours and a standard workweek of forty hours, and work in excess of such standard workday or workweek shall lie permitted subject to the provisions of this section. For each workweek in which any such laborer or mechanic is so employed, such wages shall include compensation, at a rate not less than one and one-half times the basic rate of pay, for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in the workweek, as the case may be.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><chapeau>The following provisions shall be a condition of every contract of the character specified in section 103 and of any obligation of the United States, any territory, or the District of Columbia in connection therewith:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborer’s or mechanics shall require or permit any laborer or mechanic, in any workweek in which he is employed on such work, to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek except m accordance with the provisions of this Act; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>In the event of violation of the provisions of paragraph (1), the <sidenote><p class="firstIndent1 fontsize8">Liability of employers for violation.</p></sidenote>contractor and any subcontractor responsible therefor shall be liable to such affected employee for his unpaid wages and shall, in addition, be liable to the United States (or, in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages as provided therein. Such <page identifier="/us/stat/76/358">76 <inline class="smallCaps">Stat</inline>. 358</page>liquidated damages shall be computed, with respect to each individual employed as a laborer or mechanic in violation of any provision of this Act, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by this Act. The governmental agency for which the contract work is done or by which financial assistance for the work is provided may withhold, or cause to be withheld, subject to the provisions of section 104, from any moneys payable on account of work performed by a contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as herein provided.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"><num value="103"><inline class="smallCaps">Sec.</inline> 103. </num><sidenote><p class="firstIndent1 fontsize8">Contracts, applicability.</p></sidenote> <subsection class="inline"><num value="a">(a) </num><content>The provisions of this Act shall apply, except as otherwise provided, to any contract which may require or involve the employment of laborers or mechanics upon a public work of the United States, of any territory, or of the District of Columbia, and to any other contract which may require or involve the employment of laborers or mechanics if such contract is one (1) to which the United States or any agency or instrumentality thereof, any territory, or the District of Columbia is a party, or. (21 which is made for or on behalf of the United States, any agency or instrumentality thereof, any territory, or the District of Columbia, or (3) which is a contract for work financed in whole or in part by loans or grants from, or loans insured or guaranteed by, the United States or any agency or instrumentality thereof under any statute of the United States providing wage standards for such work: <proviso><i>Provided</i>, That the provisions of section 102, shall not apply to work where the assistance from the United States or any agency or instrumentality as set forth above is only in that nature of a loan guarantee, or insurance. Except as otherwise expressly provided, the provisions of the Act shall apply to all laborers and mechanics, including watchmen and guards, employed by any contractor or subcontractor in the performance of any part of the work contemplated by any such contract, and for purposes of this Act, laborers and mechanics shall include workmen performing services in connection with dredging or rock excavation in any river or harbor of the United States or or any territory or of the District of Columbia, but shall not include any employee employed as a seaman.</proviso></content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><content>This Act shall not apply to contracts for transportation by land, air, or water, or for the transmission of intelligence, or for the purchase of supplies or materials or articles ordinarily available in the open market. This Act shall not apply with respect to any work required to be done in accordance with the provisions of the Walsh-Healey Public Contracts Act (49 Stat., 2036; 41 U.S.C. 35–45).</content> </subsection> </section> <section class="firstIndent1 fontsize10"><num value="104"><inline class="smallCaps">Sec.</inline> 104. </num><sidenote><p class="firstIndent1 fontsize8">Coordination of enforcement by Federal agencies.</p></sidenote> <subsection class="inline"><num value="a">(a) </num><content>Any officer or person designated as inspector of the work to be performed under any contract of the character specified in section 103, or to aid in the enforcement or fulfillment thereof shall, upon observation or investigation, forthwith report to the proper officer or the United States, of any territory or possession, or or the District of Columbia, all violations of the provisions of this Act occurring in the performance of such work, together with the name of each laborer or mechanic who was required or permitted to work in violation of such provisions and the day or days of such violation. The amount of unpaid wages and liquidated damages owing under the provisions of this Act shall be administratively determined and the officer or person whose duty it is to approve the payment of moneys by the United States, the territory, or the District of Columbia in connection with the performance of the contract work shall direct the amount of such liquidated damages to be withheld for the use and benefit of the United States, said territory, or said District, and shall direct the <page identifier="/us/stat/76/359">76 <inline class="smallCaps">Stat</inline>. 359</page>amount of such unpaid wages to be withheld for the use and benefit of the laborers and mechanics who were not compensated as required under the provisions of this Act. The Comptroller General of the United States is hereby authorized and directed to pay directly to such laborers and mechanics, from the sums withheld on account of underpayments of wages, the respective amounts administratively determined to be due, if the funds withheld are adequate, and, if not, an equitable proportion of such amounts.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><content>If the accrued payments withheld under the terms of the contracts, as aforesaid, are insufficient to reimburse all the laborers and mechanics with respect to whom there has been a failure to pay the wages required pursuant to this Act, such laborers and mechanics shall, in the case of a department or agency of the Federal Government, have the rights of action and/or of intervention against the contractor and his sureties conferred by law upon persons furnishing labor or materials, and in such proceedings it shall be no defense that such laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><content>Any contractor or subcontractor aggrieved by the withholding <sidenote><p class="firstIndent1 fontsize8">Right to appeal.</p></sidenote>of a sum as liquidated damages as provided in this Act shall have the right, within sixty days thereafter, to appeal to the head of the agency of the United States or of the territory for which the contract work is done or by which financial assistance for the work is provided, or to the Commissioners of the District of Columbia in the case of liquidated damages withheld for the use and benefit of said District. Such agency head or Commissioners, as the case may be, shall have authority to review the administrative determination of liquidated damages and to issue a final order affirming such determination; or, if it is found that the sum determined is incorrect or that the contractor or subcontractor violated the provisions of this Act inadvertently notwithstanding the exercise oi due care on his part and that of his agents, recommendations may be made to the Secretary that an appropriate adjustment in liquidated damages be made, or that the contractor or subcontractor be relieved of liability for such liquidated damages. The Secretary shall review all pertinent facts in the matter and may conduct such investigations as he deems necessary, so as to affirm or reject the recommendation. The decision of the Secretary shall be final. In all such cases in which a contractor or sub-contractor may be aggrieved by a final order for the withholding of liquidated damages as hereinbefore provided, such contractor or sub-contractor may, within sixty days after such final order, file a claim in the Court of Claims: <proviso><i>Provided, however</i>, That final orders of the agency head, the Commissioners of the District of Columbia or the Secretary, as the case may lie, shall be conclusive with respect to findings of fact if such findings are supported by substantial evidence.</proviso></content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num><content>Reorganization Plan Numbered 14 of 1950 (15 F.R. 3175; 64 Stat. 1267) shall be applicable with respect to the provisions of this Act, and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, 54 Stat. 1236, 63 Stat. 108; 40 U.S.C. 276c), shall be applicable <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t72/s967">72 stat. 967</ref>.</p></sidenote>with respect to those contractors and subcontractors referred to therein who are engaged in the performance of contracts subject to the provisions of this Act.</content> </subsection> </section> <section class="firstIndent1 fontsize10"><num value="105"><inline class="smallCaps">Sec.</inline> 105. </num><content>The Secretary may provide such reasonable limitations <sidenote><p class="firstIndent1 fontsize8">Limitations, exemptions.</p></sidenote>and may make such rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of this Act as he may find necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment of the conduct of Government business.</content> </section> <section class="firstIndent1 fontsize10"><num value="106"><inline class="smallCaps">Sec.</inline> 106. </num><content>Any contractor or subcontractor whose duty it shall be to <sidenote><p class="firstIndent1 fontsize8">Violations.</p></sidenote>employ, direct, or control any laborer or mechanic employed in the <page identifier="/us/stat/76/360">76 <inline class="smallCaps">Stat</inline>. 360</page>performance of any work contemplated by any contract to which this Act applies, who shall intentionally violate any provision of this Act, shall be deemed guilty of a misdemeanor, and for each and every <sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote>such offense shall, upon conviction, be punished by a fine of not to exceed $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof.</content> </section> <num class="centered" value="II">TITLE II—</num><heading class="inline">MISCELLANEOUS AND EFFECTIVE DATE</heading> <section class="firstIndent1 fontsize10"><num value="201"><inline class="smallCaps">Sec.</inline> 201. </num> <content>The proviso of section 23 of the Act of March 28, 1934 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s673c">5 USC 673c</ref>.</p></sidenote>(48 Stat. 509, 522), as amended, is hereby amended to read as follows: “<quotedText><proviso><i>Provided</i>, That the regular hours of labor are hereby established at not more than eight per day or forty per week, but work in excess of such hours shall be permitted when administratively determined to be in the public interest:</proviso> <proviso><i>Provided further</i>, That overtime work in excess of eight hours per day or in excess of forty hours per week shall be compensated for at not less than time and one-half the basic rate of compensation, except that employees subject to this section who are regularly required to remain at or within the confines of their post of duty in excess of eight hours per day in a standby or on-call status shall be paid overtime rates only for hours of duty, exclusive of eating and sleeping time, in excess of forty per week.</proviso></quotedText>”</content> </section> <section class="firstIndent1 fontsize10"><num value="202"><inline class="smallCaps">Sec.</inline> 202. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t62/s942">62 stat. 942</ref>.</p></sidenote> <subsection class="inline"><num value="a">(a) </num><content>Section 1499 of title 28, United States Code, is hereby amended to read as follows: <quotedContent> <section> <num value="101">“§ 1499.</num> <heading>Liquidated damages withheld from contractors under Contract Work Hours Standards Act</heading> <content>“The Court of Claims shall have jurisdiction to render judgment upon any claim for liquidated damages withheld from a contractor or subcontractor under section 104 of the Contract Work Hours <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 358.</p></sidenote>Standards Act.”</content> </section> </quotedContent> </content> </subsection> <subsection class="inline"><num value="b">(b) </num><content>The Court of Claims shall continue to have jurisdiction to render judgment upon any claim for a penalty withheld from a contractor or subcontractor under section 324 of title 40, United States <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t37/s137">37 stat. 137</ref>; <ref href="/us/stat/t62/s989">62 stat. 989</ref>.</p></sidenote>Code, in connection with any contract subject to said section existing on the effective date of this Act, or thereafter entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act.</content> </subsection> </section> <section class="firstIndent1 fontsize10"><num value="203"><inline class="smallCaps">Sec.</inline> 203. </num><sidenote><p class="firstIndent1 fontsize8">Repeals.</p></sidenote><content class="inline">The following statutes are hereby repealed: Sections 1 and 2 of the Act of August 1, 1892 (27 Stat. 340; 40 U.S.C. 321, 322), as amended by the Act of March 3, 1913 (37 Stat. 726); sections 892 and 893 of the Act of March 3, 1901 (31 Stat. 1334; D.C. Code, 1961 edition, secs. 22–3407, 3408); the Act of June 19, 1912 (37 Stat. 137; 40 U.S.C. 324, 325), as amended by the Act of June 25, 1948 (62 Stat. 989); that portion of the Naval Service Appropriation Act, 1918 (Act of March 4, 1917,39 Stat. 1192), which is codified as section 326 of title 40 of the United States Code (1952 edition); and section 303 of the Second Supplemental Defense Appropriations Act, 1941 (54 Stat. 884; 40 U.S.C. 325a). The provisions of such statutes shall, notwithstanding, continue to apply with respect to contracts existing on the effective date of this Act or entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act.</content> </section> <section class="firstIndent1 fontsize10"><num value="204"><inline class="smallCaps">Sec.</inline> 204. </num><sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote><content class="inline">This Act shall take effect sixty days after its enactment, but shall not affect any contract then existing or any contract that may thereafter be entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act.</content> </section> Approved August 13, 1962, 11:46 a.m.
Public Law 87–582: Making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1963, and for other purposes. Public Law 582 Public Law 87–582 76 Stat. 361 1962-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 361 Public Law 87–582
AN ACT Making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1963, and for other purposes.

August 14, 1962

[H. R. 10904]

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

Departments of Labor, and Health, Education, and Welfare Appropriation Act, 1963.

sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1963, namely:
<num class="centered" value="I">TITLE I—</num><heading class="inline">DEPARTMENT OF LABOR</heading><sidenote><p class="firstIndent1 fontsize8">Department of Labor Appropriation Act, 1963.</p></sidenote> <appropriations level="intermediate"><heading>Bureau of labor Statistics</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses, not otherwise provided for, necessary for the work of the Bureau of Labor Statistics, including advances or reimbursement to State, Federal, and local agencies and their employees for services rendered, $14,158,000.</content></appropriations> <appropriations level="small"><heading>revision of the consumer price index</heading> <content>For expenses necessary to enable the Bureau of Labor Statistics to revise the Consumer Price Index, including not to exceed $250,000 for temporary employees at rates to lie fixed by the Secretary of Labor (but not to exceed a rate equivalent to that for general schedule grade 9) without regard to the civil service laws and Classification Act of 1949, as amended, $1,333,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t63/s954">63 stat. 954</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1071">5 USC 1071 note</ref>.</p></sidenote></content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of International Labor Affairs</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the conduct of international labor affairs, $785,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of Automation and Manpower</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses, not otherwise provided for, necessary for the performance of the functions of the Secretary in the fields of automation and manpower, $800,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Area Redevelopment Activities</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry into effect sections 16 and 17 of the Area Redevelopment Act (Public Law 87–27), including grants or <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t75/s58/59">75 Stat. 58, 59</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2513/2514">42 USC 2513, 2514</ref>.</p></sidenote>reimbursements to States, $11,041,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Manpower Development and Training Activities</heading> <content>For expenses necessary to carry into effect the Manpower Development and Training Act of 1962 (Public Law 87–415), $70,000,000.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 23.</p></sidenote></content></appropriations> <page identifier="/us/stat/76/362">76 <inline class="smallCaps">Stat</inline>. 362</page> <appropriations level="intermediate"><heading>Welfare and Pension Plan Reports activities</heading> <content>For expenses necessary for performing the functions vested in the Secretary by the Welfare and Pension Plans Disclosure Act, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s301">29 USC 301 note</ref>.</p></sidenote>amended (72 Stat. 997; 76 Stat. 35), $1,300,000, to be transferred to “Salaries and expenses, Bureau of Labor Standards.”</content></appropriations> <appropriations level="intermediate"><heading>Bureau of Apprenticeship and Training</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to enable the Secretary to conduct a program of encouraging apprentice training, as authorized by the Acts of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t37/s736">37 stat. 736</ref>; <ref href="/us/stat/t50/s664">50 stat. 664</ref>.</p></sidenote> March 4, 1913 (5 U.S.C. 611), and August 16, 1937 (29 U.S.C. 50), $5,026,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Employment Security</heading> <appropriations level="small"><heading>limitation on salaries and expenses</heading> <content>For expenses necessary for the general administration of the employment service and unemployment compensation programs, including temporary employment of persons, without regard to the civil-service laws, for the farm placement migratory labor program; not more than $11,500,000 may be expended from the employment security administration account in the Unemployment trust fund, of which $1,400,000 shall be for carrying into effect the provisions of title IV <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t58/s293">58 stat. 293</ref>; <ref href="/us/stat/t72/s1273">72 stat. 1273</ref>.</p></sidenote>(except section 602) of the Servicemen’s Readjustment Act of 1944.</content></appropriations> <appropriations level="small"><heading>limitation on grants to states for unemployment compensation and employment service administration</heading> <content> <p class="firstIndent1 fontsize10">For grants in accordance with the provisions of the Act of June 6, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t48/s113">48 stat. 113</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t58/s294">58 stat. 294</ref>; <ref href="/us/stat/t72/s1273">72 stat. 1273</ref>.</p></sidenote>1933, as amended (29 U.S.C. 49–49n), for carrying into effect section 602 of the Servicemen’s Readjustment Act of 1944, for grants to the States as authorized in title III of the Social Security Act, as amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t49/s626">49 stat. 626</ref>.</p></sidenote>(42 U.S.C. 501–503), including, upon the request of any State, the purchase of equipment, and the payment of rental for space made available to such State in lieu of grants for such purpose, for necessary expenses including purchasing and installing of air-conditioning equipment in connection with the operation of employment office facilities and services in the District of Columbia, and for the acquisition of a building through such arrangements as may be required to provide quarters for such offices and facilities in the District of Columbia and for the District of Columbia Unemployment Compensation Board, including conveyance by the Commissioners of the District of Columbia to the United States of title to the land on which such building is to lie situated, subject to the same conditions with respect to the use of these funds for such purposes as are applicable to the procurement of buildings for other State employment security agencies, and for expenses not otherwise provided for, necessary for carrying out title XV of the Social Security Act, as amended (68 Stat. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1361–1371">42 USC 1361–1371</ref>.</p></sidenote>1130), $400,000,000 may be expended from the employment security administration account in the Unemployment trust fund, and of which $15,000,000 shall be available only to the extent necessary to meet increased costs of administration resulting from changes in a State law or increases in the number of claims filed and claims paid or increased salary costs resulting from changes in State salary compensation plans embracing employees of the State generally over those upon which the State’s basic grant (or the allocation for the District of Columbia) was based, which increased costs of administration <page identifier="/us/stat/76/363">76 <inline class="smallCaps">Stat</inline>. 363</page>cannot be provided for by normal budgetary adjustments: <proviso><i>Provided</i>, That notwithstanding any provision to the contrary in section 302(a) of the Social Security Act, as amended, the Secretary of Labor shall <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s502">42 USC 502</ref>.</p></sidenote>from time to time certify to the Secretary of the Treasury for payment to each State found to be in compliance with the requirements of the Act of June 6, 1933, and, except in the case of Guam and the Virgin <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s49–49n">29 USC 49–49n</ref>.</p></sidenote>Islands, with the provisions of section 303 of the Social Security Act, as amended, such amounts as he determines to be necessary for the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s503">42 USC 503</ref>.</p></sidenote>proper and efficient administration of its unemployment compensation law and of its public employment offices:</proviso> <proviso><i>Provided further</i>, That such amounts as may be agreed upon by the Department of Labor and the Post Office Department shall be used for the payment, in such manner as said parties may jointly determine, of postage for the transmission of official mail matter in connection with the administration of unemployment compensation systems and employment services by States receiving grants herefrom:</proviso> <proviso><i>Provided further</i>, That notwithstanding section 901(c)(1)(A) of the Social Security Act, the limitation on <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t74/s970">74 Stat. 970</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1101">42 USC 1101</ref>.</p></sidenote>the amount authorized to be made available tor the fiscal year ending June 30, 1963, for the purposes specified in such section 90 (c)(1) (A) is hereby increased to $400,000,000.</proviso></p> <p class="firstIndent1 fontsize10">In carrying out the provisions of said Act of June 6, 1933, the provisions of section 303(a) (1) of the Social Security Act, as amended, relating to the establishment and maintenance of personnel standards on the merit basis, shall apply.</p> <p class="firstIndent1 fontsize10">None of the funds appropriated by this title to the Bureau of Employment Security for grants-in-aid of State agencies to cover, in whole or in part, the cost of operation of said agencies, including the salaries and expenses of officers and employees of said agencies, shall Ire withheld from the said agencies of any States which have established by legislative enactment and have in operation a merit system and classification and compensation plan covering the selection, tenure in office, and compensation of their employees, because of any disapproval of their personnel or the manner of their selection by the agencies of the said States, or the rates of pay of said officers or employees.</p> <p class="firstIndent1 fontsize10">Grants to States, next succeeding fiscal year: For making, after May 31 of the current fiscal year, payments to States under title III of the Social Security Act, as amended, and under the Act of June 6, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s501–503">42 USC 501–503</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s49–49n">29 USC 49–49n</ref>.</p></sidenote>1933, as amended, for the first quarter of the next succeeding fiscal year, such sums as may be necessary, the obligations incurred and the expenditures made thereunder for payments under such title and under such Act of June 6, 1933, to be charged to the appropriation therefor for that fiscal year: <proviso><i>Provided</i>, That the payments made pursuant to this paragraph shall not exceed the amount paid to the States for the first quarter of the current fiscal year.</proviso></p> </content> </appropriations> <appropriations level="small"><heading>unemployment compensation for federal employees and ex-servicemen</heading> <content> <p class="firstIndent1 fontsize10">For payments to unemployed Federal employees and ex-servicemen, either directly or through payments to States, as authorized by title XV of the Social Security Act, as amended, $129,000,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1130">68 Stat. 1130</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1361–1371">42 USC 1361–1371</ref>.</p></sidenote></p> <p class="firstIndent1 fontsize10">Unemployment compensation for Federal employees and ex-servicemen, next succeeding fiscal year: For making, after May 31 of the current fiscal year, payments to States, as authorized by title XV of the Social Security Act, as amended, such amounts as may be required for payment to unemployed Federal employees and ex-servicemen for the first quarter of the next succeeding fiscal year, and the obligations and expenditures thereunder shall be charged to the appropriation therefor for that fiscal year: <proviso><i>Provided</i>, That the payments made <page identifier="/us/stat/76/364">76 <inline class="smallCaps">Stat</inline>. 364</page>pursuant to this paragraph shall not exceed the amount paid to the States for the first quarter of the current fiscal year.</proviso></p> </content> </appropriations> <appropriations level="small"><heading>compliance activities, mexican farm labor program</heading> <content>For expenses necessary to enable the Department to determine compliance with the provisions of contracts entered into pursuant to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t65/s119">65 stat. 119</ref>; <ref href="/us/stat/t75/s761">75 stat. 761</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1461–1468">7 USC 1461–1468</ref>.</p></sidenote>the Act of July 12, 1951, as amended, $1,344,500.</content></appropriations> <appropriations level="small"><heading>SALARIES AND EXPENSES, MEXICAN FARM LABOR PROGRAM</heading> <content>For expenses, not otherwise provided for, necessary to carry out the functions of the Department of Labor under the Act of July 12, 1951, as amended (7 U.S.C. 1461–1468), including temporary employment of persons without regard to the civil-service laws, $2,048,500, which shall be derived by transfer from the Farm labor supply revolving fund.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Veterans’ Reemployment Rights</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to render assistance in connection with the exercise of reemployment rights under section 8 of the Selective <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t54/s890">54 stat. 890</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t55/s626">55 stat. 626</ref>.</p></sidenote>Training and Service Act of 1940, as amended (50 U.S.C. App. 308), the Service Extension Act of 1941, as amended (50 U.S.C. App. 351), the Army Reserve and Retired Personnel Service Law of 1940, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t54/s858">54 stat. 858</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t62/s614">62 stat. 614</ref>; <ref href="/us/stat/t75/s821">75 stat. 821</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s925">50 USC 925 note</ref>.</p></sidenote>amended (50 U.S.C. App. 401), and section 9 of the Universal Military Training and Service Act (50 U.S.C. App. 459), and the Reserve Forces Act of 1955 (69 Stat. 598), $633,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Labor Standards salaries and expenses</heading> <content>For expenses necessary for the promotion of industrial safety, employment stabilization, and amicable industrial relations for labor and industry; performance of safety functions of the Secretary under the Federal Employees’ Compensation Act, as amended (5 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t39/s749">39 stat. 749</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s901">33 USC 901</ref>.</p></sidenote>784(c) ) and the txmgshorenien’s and Harbor Workers’ Compensation Act, as amended (72 Stat. 835); performance of the functions vested in the Secretary by sections 8 (b) and (c) of the Welfare and Pension <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t72/s1002">72 stat. 1002</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s307">29 USC 307</ref>.</p></sidenote>Plans Disclosure Act (72 Stat. 977): and not less than $281,700 for the work of the President’s Committee on Employment of the Physically Handicapped, as authorized by the Act of July 11, 1949 (63 Stat. 409); $3,244,000: <proviso><i>Provided</i>, That no part of the appropriation for the President’s Committee shall be subject to reduction or transfer to any other department or agency under the provisions of any existing law; including purchase of reports and of material for informational exhibits.</proviso></content></appropriations> <appropriations level="intermediate"><heading>Bureau of Labor-Management Reports</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the Bureau of Labor-Management Reports, $5,675,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/76/365">76 <inline class="smallCaps">Stat</inline>. 365</page> <appropriations level="intermediate"><heading>Bureau of Employees’ Compensation</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary administrative expenses and not to exceed $103,225 for the Employees’ Compensation Appeals Board, $3,845,000, together with not to exceed $55,800 to be derived from the fund created by section 44 of the longshoremen’s and Harbor Workers’ Compensation Act, as amended (33 U.S.C. 944).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t44/s1444">44 stat. 1444</ref>.</p></sidenote></content></appropriations> <appropriations level="small"><heading>employees’ compensation claims and expenses</heading> <content>For the payment of compensation and other benefits and expenses (except administrative expenses) authorized by law and accruing during the current or any prior fiscal year, including payments to other Federal agencies for medical and hospital services pursuant to agreement approved by the Bureau of Employees’ Compensation; continuation of payment of benefits as provided for under the head “Civilian War Benefits” in the Federal Security Agency Appropriation Act, 1947; the advancement of costs for enforcement of recoveries <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s696">60 stat. 696</ref>.</p></sidenote>in third-party cases; the furnishing of medical and hospital services and supplies, treatment, and funeral and burial expenses, including transportation and other expenses incidental to such services, treatment, and burial, for such enrollees of the Civilian Conservation Corps as were certified by the Director of such Corps as receiving hospital services and treatment at Government expense on June 30, 1943, and who are not otherwise entitled thereto as civilian employees of the United States, and the limitations and authority of the Act of September 7, 1916, as amended (5 U.S.C. 796), shall apply in providing <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t39/s742">39 stat. 742</ref>; <ref href="/us/stat/t48/s351">48 stat. 351</ref>.</p></sidenote>such services, treatment, and expenses in such cases and for payments pursuant to sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); $62,071,000: <proviso><i>Provided</i>, That, in the adjudication <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t62/s1242">62 stat. 1242</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1702">42 USC 1702</ref>; <ref href="/us/usc/t50/s2003/2004">50 USC app. 2003, 2004</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s793">5 USC 793</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s783">5 USC 783</ref>.</p></sidenote>of claims under section 42 of the said Act of 1916, for benefits payable from this appropriation, authority under section 32 of the Act to make rules and regulations shall be construed to include the nature and extent of the proofs and evidence required to establish the right to such benefits without regard to the date of the injury or death for which claim is made.</proviso></content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Women’s Bureau</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the work of the Women’s Bureau, as authorized by the Act of June 5, 1920 (29 U.S.C. 11–16), including <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t41/s987">41 stat. 987</ref>.</p></sidenote>purchase of reports and material for informational exhibits, $893,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Wage and Hour Division</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for performing the duties imposed by the Fair Labor Standards Act of 1938, as amended, and the Act to provide <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t52/s1060">52 stat. 1060</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s201">29 USC 201</ref>.</p></sidenote>conditions for the purchase of supplies and the making of contracts by the United States, approved June 30, 1936, as amended (41 U.S.C. 35–45), including reimbursement to State, Federal, and local agencies <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t49/s2036">49 stat. 2036</ref>.</p></sidenote>and their employees for inspection services rendered, $17,715,000.</content></appropriations> </appropriations> <page identifier="/us/stat/76/366">76 <inline class="smallCaps">Stat</inline>. 366</page> <appropriations level="intermediate"><heading>Office of the Solicitor</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the Office of the Solicitor, $4,261,000, together with not to exceed $122,000 to be derived from the Employment Security Administration account, Unemployment Trust Fund.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for the Office of the Secretary of Labor, including expenses of commissions or boards to resolve labor-management disputes, $2,026,000, together with not to exceed $132,000 to be derived from the Employment Security Administration account, Unemployment Trust Fund.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote>This title may be cited as the “<shortTitle role="title">Department of Labor Appropriation Act, 1963</shortTitle>”.</p> </content> </appropriations> </appropriations> <num class="centered" value="II">TITLE II—</num><heading class="inline">DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE</heading><sidenote><p class="firstIndent1 fontsize8">Department of Health, Education, and Welfare Appropriation Act, 1963.</p></sidenote> <appropriations level="intermediate"><heading>Food and Drug Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses not otherwise provided for, of the Food and Drug Administration, including reporting and illustrating the results of investigations; purchase of chemicals, apparatus, and scientific equipment; payment in advance for special tests and analyses by contract; and payment of fees, travel, and per diem in connection with studies of new developments pertinent to food and drug enforcement operations; $28,280,000.</content></appropriations> <appropriations level="small"><heading>salaries and expenses, certification, inspection, and other services</heading> <content>For expenses necessary for the listing, certification, or inspection of certain products, and for the establishment of tolerances for pesticides and color additives, in accordance with sections 406, 408, 504, 506, 507, 604, 702A, and 706 of the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 346, 346a, 354, 356, 357, 364, 372a, and 376), the aggregate of the advance deposits during the current fiscal year to cover payments of fees for services in connection with such certifications, inspections, or establishment of tolerances, to remain available until expended. The total amount herein appropriated shall be available for purchase of chemicals, apparatus, and scientific equipment; expenses of advisory committees; and the refund of advance deposits for which no service has been rendered. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of Education</heading> <appropriations level="small"><heading>promotion and further development of vocational education</heading> <content>For carrying out the provisions of titles I and II of the Vocational Education Act of 1946, as amended (20 U.S.C. 15i-15m, 15o-15q, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s775">60 Stat. 775</ref>; <ref href="/us/stat/t70/s925">70 Stat. 925</ref>; <ref href="/us/stat/t46/s1489">46 Stat. 1489</ref>; <ref href="/us/stat/t64/s27">64 Stat. 27</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70/s909">70 stat. 909</ref>.</p></sidenote>15aa-15ji), section 1 of the Act of March 3, 1931 (20 U.S.C. 30), the Act of March 18, 1950 (20 U.S.C. 31–33), and section 9 of the Act of August 1, 1956 ( 20 U.S.C. 34), $34,716,000, of which $5,000,000 shall be for practical nurse training under such title II of the Vocational Education Act of 1946, as amended, and $180,000 for vocational educa-<page identifier="/us/stat/76/367">76 <inline class="smallCaps">Stat</inline>. 367</page>tion in the fishery trades and industry including distributive occupations therein: <proviso><i>Provided</i>, That the amount of allotment which States and Territories are not prepared to use may be reapportioned among other States and Territories applying therefor for use in the programs for which the funds were originally apportioned.</proviso></content> </appropriations> <appropriations level="small"><heading>further endowment of colleges of agriculture and the mechanic arts</heading> <content>For carrying out the provisions of section 22 of the Act of June 29, 1935, as amended (7 U.S.C. 329), $11,950,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t74/s525">74 Stat. 525</ref>.</p></sidenote></content></appropriations> <appropriations level="small"><heading>grants for library services</heading> <content>For grants to the States, pursuant to the Act of June 19, 1956, as amended (20 U.S.C. 351–358), $7,500,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70/s293">70 stat. 293</ref>.</p></sidenote></content></appropriations> <appropriations level="small"><heading>payments to school districts</heading> <content>For payments to local educational agencies for the maintenance and operation of schools as authorized by the Act of September 30, 1950, as amended (20 U.S.C., ch. 13), $282,322,000: <proviso><i>Provided</i>, That this <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t64/s1100">64 stat. 1100</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236–245">20 USC 236–245</ref>.</p></sidenote>appropriation shall also be available for carrying out the provisions or section 6 of such Act.</proviso></content></appropriations> <appropriations level="small"><heading>assistance for school construction</heading> <content> <p class="firstIndent1 fontsize10">For an additional amount for providing school facilities and for grants to local educational agencies in federally affected areas, as authorized by the Act of September 23, 1950, as amended (20 U.S.C., ch. 19), including not to exceed $800,000 for necessary expenses during <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t72/s548">72 stat. 548</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s631–645">20 USC 631–645</ref>.</p></sidenote>the current fiscal year of technical services rendered by other agencies, $63,686,000, to remain available until expended: <proviso><i>Provided</i>, That no part of this appropriation shall be available for salaries or other direct expenses of the Department of Health, Education, and Welfare.</proviso></p> <p class="firstIndent1 fontsize10">For an additional amount for “Assistance for School Construction”, fiscal year 1962, $7,092,000.</p> </content> </appropriations> <appropriations level="small"><heading>defense educational activities</heading> <content> <p class="firstIndent1 fontsize10">For grants, loans, and payments under the National Defense Education Act of 1958 (72 Stat. 1580–1605), $229,450,000, of which $91,270,000 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s401">20 USC 401 note</ref>.</p></sidenote>shall be for capital contributions to student loan funds and loans for non-Federal capital contributions to student loan funds, of which not to exceed $1,300,000 shall be for such loans for non-Federal capital contributions; $54,000,000 shall be for grants to States and loans to nonprofit private schools for science, mathematics, or modern foreign language equipment and minor remodeling of facilities; $3,750,000 shall be for grants to States for supervisory and other services; $15,000,000 shall be for grants to States for area vocational education programs; and $15,000,000 shall be for grants to States for testing, guidance, and counseling: <proviso><i>Provided</i>, That no part of this appropriation shall be available for the purchase of science, mathematics, and modern language teaching equipment, or equipment suitable for use for teaching in such fields of education, which can be identified as originating in or having been exported from a Communist country, unless such equipment is unavailable from any other source:</proviso> <proviso><i>Provided further</i>, That no part of this appropriation shall be available for graduate fellowships awarded initially under the provisions of the Act after the date of enactment of the Department of Health, Educa-<page identifier="/us/stat/76/368">76 <inline class="smallCaps">Stat</inline>. 368</page><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t75/s594">75 stat. 594</ref>.</p></sidenote>tion, and Welfare Appropriation Act, 1962, which are not found by the Commissioner of Education to be consistent with the purpose of the Act as stated in section 101 thereof.</proviso></p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s401">20 USC 401</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t72/s1580">72 stat. 1580</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s401">20 USC 401 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s421–429">20 USC 421–429</ref>.</p></sidenote>Loans and payments under the National Defense Education Act, next succeeding fiscal year: For making, after March 31 of the current fiscal year, loans and payments under title II of the National Defense Education Act, for the first quarter of the next succeeding fiscal year such sums as may be necessary, the obligations incurred and the expenditures made thereunder to be charged to the appropriation for the same purpose for that fiscal year: <proviso><i>Provided</i>, That the payments made pursuant to this paragraph shall not exceed the amount paid for the same purposes for the first quarter of the current fiscal year.</proviso></p> </content> </appropriations> <appropriations level="small"><heading>expansion of teaching in education of the mentally retarded</heading> <content>For grants to public or other nonprofit institutions of higher learning and to State educational agencies, pursuant to the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t72/s1777">72 Stat. 1777</ref>.</p></sidenote>September 6, 1958, as amended (20 U.S.C. 611–617), $1,000,000.</content></appropriations> <appropriations level="small"><heading>expansion of teaching in education of the deaf</heading> <content>For grants to public or other nonprofit institutions of higher education for courses of study and scholarships for training teachers of the deaf, $1,500,000.</content></appropriations> <appropriations level="small"><heading>cooperative research</heading> <content>For cooperative research, surveys, and demonstrations in education <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s533">68 stat. 533</ref>.</p></sidenote>as authorized by the Act of July 26, 1954 (20 U.S.C. 331–332), $6,985,000.</content></appropriations> <appropriations level="small"><heading>salaries and expenses (special foreign currency program)</heading> <content>For purchase of foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Office of Education, as authorized by law, $400,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available, in addition to other appropriations to such agency, for the purchase of the foregoing currencies.</proviso></content></appropriations> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the Office of Education, including surveys, studies, investigations, and reports regarding libraries; coordination of library service on the national level with other forms of adult education; development of library service throughout the country; purchase, distribution, and exchange of education documents, motion-picture films, and lantern slides; $12,300,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of Vocational Rehabilitation</heading> <appropriations level="small"><heading>grants to states</heading> <content> <p class="firstIndent1 fontsize10">For grants to States in accordance with the Vocational <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s652">68 stat. 652</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s31">29 USC 31 note</ref>.</p></sidenote>Rehabilitation Act, as amended, $72,940,000, of which $71,240,000 is for vocational rehabilitation services under section 2 of said Act; and $1,700,000 is for extension and improvement projects under section 3 of said Act: <proviso><i>Provided</i>, That allotments under section 2 of said Act to the States for the current fiscal year shall be made on the basis of $110,000,000, and this amount shall be considered the sum available for allotments under such section for such fiscal year: <i>Provided fur-</i><page identifier="/us/stat/76/369">76 <inline class="smallCaps">Stat</inline>. 369</page><i>ther</i>, That additional allotments, not exceeding $240,000 in the aggregate, for grants under section 2 of said Act may be made, in accordance with regulations of the Secretary, to States in which the Federal share of the costs of rehabilitation services under such section exceeds their respective allotments from such $110,000,000: <i>Provided further</i>, That the allotment to any State under section 3(a) (1) of said Act shall be not less than $15,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s654">68 stat. 654</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s33">29 USC 33</ref>.</p></sidenote></proviso></p> <p class="firstIndent1 fontsize10">Grants to States, next succeeding fiscal year: For making, after May 31, of the current fiscal year, grants to States under sections 2 and 3 of the Vocational Rehabilitation Act, as amended, for the first quarter of the next succeeding fiscal year such sums as may be necessary, the obligations incurred and the expenditures made thereunder to be charged to the appropriation therefor for that fiscal year: <proviso><i>Provided</i>, That the payments made pursuant to this paragraph shall not exceed the amount paid to the States for the first quarter of the current fiscal year.</proviso></p> </content> </appropriations> <appropriations level="small"><heading>research and training</heading> <content>For grants and other expenses (except administrative expenses) for research, training, traineeships, and other special projects, pursuant to section 4 of the Vocational Rehabilitation Act, as amended, for expenses of carrying out the training functions provided for in section 7 of said Act, and for expenses of studies, investigations, demonstrations, and reports, and of dissemination of information with respect thereto pursuant to section 7 of said Act, $25,500,000.</content></appropriations> <appropriations level="small"><heading>research and training (special foreign currency program)</heading> <content>For purchase of foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Office of Vocational Rehabilitation, as authorized by law, $2,000,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available, in addition to other appropriations to such agency, for the purchase of the foregoing currencies.</proviso></content></appropriations> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses, not otherwise provided for, necessary for the Office of Vocational Rehabilitation, $2,486,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Public Health Service</heading> <appropriations level="small"><heading>preamble</heading> <content>For necessary expenses in carrying out the Public Health Service Act, as amended (42 U.S.C., ch. 6A) (hereinafter referred to as the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t58/s682">58 stat. 682</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s201">42 USC 201 note</ref>.</p></sidenote>Act), and other Acts, including expenses for active commissioned officers in the Reserve Corps and for not to exceed two thousand six hundred commissioned officers in the Regular Corps; expenses incident to the dissemination of health information in foreign countries through exhibits and other appropriate means; expenses of primary and secondary schooling of dependents, in foreign countries, of Public Health Service commissioned officers stationed in foreign countries, in amounts not to exceed an average of $285 per student, when it is determined by the Secretary that the schools available in the locality are unable to provide adequately for the education of such dependents, and for the transportation or such dependents between such schools and their places of residence when the schools are not accessible to such dependents by regular means of transportation; not to exceed $1,000 for entertainment of visiting scientists when <page identifier="/us/stat/76/370">76 <inline class="smallCaps">Stat</inline>. 370</page>specifically approved by the Surgeon General; purchase, erection, and maintenance of temporary or portable structures; and for the payment of compensation to consultants or individual scientists appointed for limited periods of time pursuant to section 207(f) or section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s209">42 USC 209</ref>.</p></sidenote>207(g) of the Act at rates established by the Surgeon General not to exceed $19,000 per annum; as follows:</content></appropriations> <appropriations level="small"><heading>buildings and facilities</heading> <content>For construction, major repair, improvement, extension, and equipment of Public Health Service facilities, not otherwise provided, including plans and specifications and acquisition of sites, $33,200,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>accident prevention</heading> <content><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p></sidenote>To carry out section 301 of the Act, and for expenses necessary for demonstrations and training personnel for State and local health work <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s246">42 USC 246</ref>.</p></sidenote>pursuant to section 314(c) of the Act, with respect to accident prevention, $3,668,000.</content></appropriations> <appropriations level="small"><heading>chronic diseases and health of the aged</heading> <content><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s243">42 USC 243</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t75/s824">75 stat. 824</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s247a">42 USC 247a</ref>.</p></sidenote>To carry out sections 311 and 316 of the Act, and for expenses necessary for research, demonstrations, and technical assistance under section 301 of the Act and demonstrations and training personnel for State and local health work under section 314(c) of the Act, with respect to chronic diseases and health problems of the aged, and for allotments and payments to States under section 314(c) of the Act for establishing and maintaining adequate public health services for the chronically ill and the aged, $22,942,000, of which $13,000,000 shall be available only for such allotments and payments to States under section 314(c) of the Act.</content></appropriations> <appropriations level="small"><heading>communicable disease activities</heading> <content>To carry out, except as otherwise provided for, those provisions of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241/243/246/264">42 USC 241, 243, 246, 264</ref>.</p></sidenote>sections 301, 311, 314(c), and 361 of the Act relating to the prevention and suppression of communicable and preventable diseases, and the interstate transmission and spread thereof, including the purchase of not to exceed five passenger motor vehicles for replacement only; and hire, maintenance, and operation of aircraft; $10,062,000.</content></appropriations> <appropriations level="small"><heading>community health practice and research</heading> <content>To carry out, to the extent not otherwise provided, sections 306, 309, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242d/242g/243/246">42 USC 242d, 242g, 243, 246</ref>.</p></sidenote>311, and 314(c) of the Act and for expenses, not otherwise provided for, necessary for research, technical assistance, and demonstrations pursuant to section 301 of the Act, $25,776,000.</content></appropriations> <appropriations level="small"><heading>control of tuberculosis</heading> <content><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s246">42 USC 246</ref>.</p></sidenote>To carry out the purposes of section 314(b) of the Act, $6,993,000, of which $1,250,000 shall be available for grants of money, services, supplies and equipment to States, and with the approval of the respective State health authority, to counties, health districts and other political subdivisions of the States for the control of tuberculosis in such amounts and upon such terms and conditions as the Surgeon General may determine, and of which not less than $3,250,000 shall be available only for grants to States, to be matched by an equal amount of State and local funds expended for the same purpose, for direct <page identifier="/us/stat/76/371">76 <inline class="smallCaps">Stat</inline>. 371</page>expenses of prevention and case-finding projects, including salaries, fees, and travel of personnel directly engaged in prevention and case finding and the necessary equipment and supplies used directly in prevention and case-finding operations, but excluding the purchase of care in hospitals and sanatoriums.</content></appropriations> <appropriations level="small"><heading>control of venereal diseases</heading> <content>To carry out the purposes of sections 314(a) and 363 of the Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s246">42 USC 246</ref>; <ref href="/us/usc/t42/s266">42 USC 266</ref>.</p></sidenote>with respect to venereal diseases and for grants of money, services, supplies, equipment, and use of facilities to States, as defined in the Act, and with the approval of the respective State health authorities, to counties, health districts, and other political subdivisions of the States, for venereal disease control activities, in such amounts and upon such terms and conditions as the Surgeon General may determine; $8,000,000.</content></appropriations> <appropriations level="small"><heading>dental services and resources</heading> <content>To carry out section 311 of the Act, and for expenses necessary for <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s243">42 USC 243</ref>.</p></sidenote>research, demonstrations, and technical assistance under section 301 of the Act, with respect to dental health activities, except as otherwise <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p></sidenote>provided for the National Institute of Dental Research, $3,006,000.</content></appropriations> <appropriations level="small"><heading>nursing services and resources</heading> <content>To carry out section 311 of the Act, and for expenses necessary for research, demonstrations, and technical assistance pursuant to section 301 of the Act, with respect to nursing services and resources, and to carry out section 307 of the Act, $8,438,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70/s924">70 stat. 924</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242e">42 USC 242e</ref>.</p></sidenote></content></appropriations> <appropriations level="small"><heading>hospital construction activities</heading> <content>To carry out the provisions of title VI of the Act, as amended, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s1041">60 stat. 1041</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s291–291a">42 USC 291–291a</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s291d–291h">42 USC 291d–291h</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s291n">42 USC 291n</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s462">68 stat. 462</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s291a–291v">42 USC 291a–291v</ref>.</p></sidenote>$226,220,000, of which $150,000,000 shall be for grants or loans for hospitals and related facilities pursuant to part C, $4,200,000 shall be for the purposes authorized in section 636, and $70,000,000 shall be for grants Or loans for facilities pursuant to part G, as follows: $20,000,000 for diagnostic or treatment centers, $20,000,000 for hospitals for the chronically ill and impaired, $10,000,000 for rehabilitation facilities, and $20,000,000 for nursing homes: <proviso><i>Provided</i>, That allotments under such parts C and G to the several States tor the current fiscal year shall be made on the basis of amounts equal to the limitations specified herein:</proviso> <proviso><i>Provided further</i>, That funds made available under section 636 for experimental or demonstration construction or equipment projects shall not be used to pay in excess of two-thirds of the cost of such projects as determined by the Surgeon General.</proviso></content></appropriations> <appropriations level="small"><heading>air pollution</heading> <content>To carry out the Act of July 14, 1955, as amended (42 U.S.C. 1857–1857r), and for expenses necessary to carry out the purposes <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t69/s322">69 Stat. 322</ref>; <ref href="/us/stat/t73/s646">73 stat. 646</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241/243">42 USC 241, 243</ref>.</p></sidenote>of sections 301 and 311 of the Act relating to air pollution, including hire, maintenance, and operation of aircraft; $11,069,000, to remain available only until June 30, 1963.</content></appropriations> <page identifier="/us/stat/76/372">76 <inline class="smallCaps">Stat</inline>. 372</page> <appropriations level="small"><heading>milk, food, interstate, and community sanitation</heading> <content><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241/243/264">42 USC 241, 243, 264</ref>.</p></sidenote>To carry out sections 301, 311, and 361 of the Act, and for expenses necessary for demonstrations and training personnel for State and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s246">42 USC 246</ref>.</p></sidenote>local health work under section 314(c) of the Act, with respect to milk, food, and community sanitation, and interstate quarantine and arctic health activities, including purchase of not to exceed two passenger motor vehicles, $8,536,000.</content></appropriations> <appropriations level="small"><heading>occupational health</heading> <content>To carry out sections 301 and 311 of the Act, and for expenses necessary for demonstrations and training personnel for State and local health work under section 314(c) of the Act, with respect to occupational health, $4,122,000.</content></appropriations> <appropriations level="small"><heading>radiological health</heading> <content>To carry out sections 301, 311, and 314(c) of the Act, with respect to radiological health, including grants for training of radiological health specialists; purchase of not to exceed four passenger motor vehicles of which two shall be for replacement only; and hire, maintenance, and operation of aircraft; $15,875,000, of which $1,500,000 shall be available only for allotments and payments to States pursuant to such section 314(c) for the establishment and maintenance of adequate radiological public health services.</content></appropriations> <appropriations level="small"><heading>water supply and water pollution control</heading> <content>To carry out sections 301, 311, and 361 of the Act with respect to water supply and water pollution control, and to carry out the Federal Water Pollution Control Act, as amended (33 U.S.C. 466–466d, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70/s498">70 stat. 498</ref>.</p></sidenote>466f–466k), $24,707,000, including $4,700,000 for grants to States and $300,000 for grants to interstate agencies under section 5 of the Federal <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t75/s205/206">75 Stat. 205, 206</ref>.</p></sidenote>Water Pollution Control Act, as amended.</content></appropriations> <appropriations level="small"><heading>grants for waste treatment works construction</heading> <content>For payments under section 6 of the Water Pollution Control Act, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t75/s206">75 stat. 206</ref>.</p></sidenote>as amended (33 U.S.C. 466e), $90,000,000.</content></appropriations> <appropriations level="small"><heading>hospitals and medical care</heading> <content>For carrying out the functions of the Public Health Service, not otherwise provided for, under the Act of August 8, 1946 (5 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s903">60 stat. 903</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241/248">42 USC 241, 248 <i>et seq</i></ref>.</p></sidenote>150), and under sections 301 (with respect to research conducted at facilities financed by this appropriation), 321, 322, 324, 326, 331, 332, 341, 343, 344, 502, and 504 of the Act, section 810 of the Act of July 1, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/sA74">68 Stat. A74</ref>; <ref href="/us/stat/t69/s76">69 Stat. 76</ref>.</p></sidenote>1944, as amended (33 U.S.C. 763c), Private Law 419 of the Eighty-third Congress, as amended, and Executive Order 9079 of February <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/cfr/t3/s1943/1101">3 CFR, 1943 Cum. Supp., p. 1101</ref>.</p></sidenote>26, 1942, including purchase and exchange of farm products and livestock; purchase of not to exceed two passenger motor vehicles for replacement only; and purchase of firearms and ammunition; $47,602,000, of which $1,200,000 shall be available only for payments to the State of Hawaii for care and treatment of persons afflicted with leprosy: <proviso><i>Provided</i>, That when the Public Health Service establishes or operates a health service program for any department or agency, payment for the estimated cost shall be made in advance for deposit to the credit of this appropriation: <i>Provided further</i>, That this appropriation shall be available for medical, surgical, and dental treatment <page identifier="/us/stat/76/373">76 <inline class="smallCaps">Stat</inline>. 373</page>and hospitalization of retired ships’ officers and members of crews of Coast and Geodetic Survey vessels, and their dependents, and for payment therefor.</proviso></content></appropriations> <appropriations level="small"><heading>foreign quarantine activities</heading> <content>For carrying out the purposes of sections 361 to 369 of the Act, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s264/272">42 USC 264, 272</ref>.</p></sidenote>relating to preventing the introduction of communicable diseases from foreign countries, the medical examination of aliens in accordance with section 325 of the Act, and the care and treatment of quarantine <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s252">42 USC 252</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s249">42 USC 249</ref>.</p></sidenote>detainees pursuant to section 322(e) of the Act in private or other public hospitals when facilities of the Public Health Service are not available, including insurance of official motor vehicles in foreign countries when required by law of such countries, and purchase of not to exceed four passenger motor vehicles for replacement only, $5,892,000.</content></appropriations> <appropriations level="small"><heading>general research and services, national institutes of health</heading> <content>For the activities of the National Institutes of Health, not otherwise provided for, including research fellowships and grants for research projects and training grants pursuant to section 301 of the Act; <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p></sidenote>regulation and preparation of biologic products, and conduct of research related thereto; and grants of therapeutic and chemical substances for demonstrations and research; $159,826,000: <proviso><i>Provided</i>, That funds advanced to the National Institutes of Health management fund from appropriations included in this Act shall be available for purchase of not to exceed thirteen passenger motor vehicles, of which twelve shall be for replacement only; and not to exceed $2,500 for entertainment of visiting scientists when specifically approved by the Surgeon General:</proviso> <proviso><i>Provided further</i>, That all appropriations made to the Public Health Service in this Act, and available for research or training projects, may be expended pursuant to contracts made on a cost or other basis for supplies and services, including indemnification of contractors to the extent and subject to the limitations provided in title 10, United States Code, section 2354, except that approval and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s134">70A Stat. 134</ref>.</p></sidenote>certification required thereby shall be by the Surgeon General.</proviso></content></appropriations> <appropriations level="small"><heading>national cancer institute</heading> <content>To enable the Surgeon General, upon the recommendations of the National Advisory Cancer Council, to make grants-in-aid for research and training projects relating to cancer; to cooperate with State health agencies, and other public and private nonprofit institutions, in the prevention, control, and eradication of cancer by providing consultative services, demonstrations, and grants-in-aid; and to otherwise carry out the provisions of title IV, part A, of the Act; $155,742,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70A/s281–286">42 USC 281–286</ref>.</p></sidenote></content></appropriations> <appropriations level="small"><heading>mental health activities</heading> <content>For expenses necessary for carrying out the provisions of sections 301, 302, 303, 311, 312, and 314(c) of the Act with respect to mental diseases, $143,599,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241 <i>et seq</i></ref>.</p></sidenote></content></appropriations> <appropriations level="small"><heading>national heart institute</heading> <content>For expenses necessary to carry out the purposes of the National Heart Act, $147,398,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t62/s464">62 stat. 464</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s287">42 USC 287 note</ref></p></sidenote></content></appropriations> <page identifier="/us/stat/76/374">76 <inline class="smallCaps">Stat</inline>. 374</page> <appropriations level="small"><heading>national institute of dental research</heading> <content>For expenses, not otherwise provided for, necessary to enable the Surgeon General to carry out the purposes of the Act with respect to dental diseases and conditions, $21,199,000.</content></appropriations> <appropriations level="small"><heading>arthritis and metabolic disease activities</heading> <content>For expenses necessary to carry out the purposes of the Act relating to arthritis, rheumatism, and metabolic diseases, $103,388,000.</content></appropriations> <appropriations level="small"><heading>allergy and infectious disease activities</heading> <content>For expenses, not otherwise provided for, necessary to carry out the purposes of the Act relating to allergy and infectious diseases, $66,142,000, of which $250,000 shall be available for payment to the Gorgas Memorial Institute for maintenance and operation of the Gorgas Memorial Laboratory.</content></appropriations> <appropriations level="small"><heading>neurology and blindness activities</heading> <content>For expenses necessary to carry out the purposes of the Act relating to neurology and blindness; to cooperate with State health agencies, and other public and private nonprofit institutions, in the prevention, control, and eradication of neurological and sensory diseases and blindness by providing for consultative services, training, demonstrations, and other control activities, directly and through grants-in-aid, $83,506,000.</content></appropriations> <appropriations level="small"><heading>grants for construction of health research facilities</heading> <content><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s292–292i">42 USC 292–292i</ref>.</p></sidenote>For grants pursuant to Title VII of the Act, $50,000,000.</content></appropriations> <appropriations level="small"><heading>scientific activities overseas (special foreign currency program)</heading> <content>For purchase of foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Public Health Service, as authorized by law, $2,800,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available, in addition to other appropriations to the Public Health Service, for the purchase of the foregoing currencies.</proviso></content></appropriations> <appropriations level="small"><heading>NATIONAL HEALTH STATISTICS</heading> <content>For expenses of the National Center for Health Statistics in carrying out the provisions of sections 301, 305, 312(a), 313, 314(c), and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241/242c/244a/245/246/247">42 USC 241, 242c, 244a, 245, 246, 247</ref>.</p></sidenote>315 of the Act, $5,150,000.</content></appropriations> <appropriations level="small"><heading>national library of medicine</heading> <content><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t58/s691">58 stat. 691</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p></sidenote>To carry out section 301 of the Act with respect to translation of foreign scientific documents and for expenses, not otherwise provided for, necessary to carry out the National Library of Medicine Act (42 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70/s960">70 stat. 960</ref>.</p></sidenote>U.S.C. 275), including purchase of not to exceed one passenger motor vehicle, $3,335,000.</content></appropriations> <appropriations level="small"><heading>retired pay of commissioned officers</heading> <content>For retired pay of commissioned officers, as authorized by law, and for payments under the Uniformed Services Contingency Option Act <page identifier="/us/stat/76/375">76 <inline class="smallCaps">Stat</inline>. 375</page>of 1953 and payments for medical care of dependents and retired <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t67/s501">67 Stat. 501</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t37/s371">37 USC 371 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70/s250">70 stat. 250</ref>; <ref href="/us/stat/t72/s1569/1445">72 Stat. 1569, 1445</ref>.</p></sidenote>personnel under the Dependents’ Medical Care Act (10 U.S.C., ch. 55), such amount as may be required during the current fiscal year.</content></appropriations> <appropriations level="small"><heading>salaries and expenses, office of the surgeon general</heading> <content>For the divisions and offices of the Office of the Surgeon General and for miscellaneous expenses of the Public Health Service not appropriated for elsewhere, including preparing information, articles, and publications related to public health; and conducting studies and demonstrations in public health methods, $5,850,000.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Saint Elizabeths Hospital</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the maintenance and operation of the hospital, including purchase of one passenger motor vehicle, clothing for patients, and cooperation with organizations or individuals in the scientific research into the nature, causes, prevention, and treatment of mental illness, $6,332,000.</content></appropriations> <appropriations level="small"><heading>buildings and facilities</heading> <content>For construction, alterations, extension, and equipment, of buildings and facilities on the grounds of the hospital, including preparation of plans and specifications, advertising, and supervision of construction, $8,095,000, to remain available until expended.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Social Security Administration</heading> <appropriations level="small"><heading>limitation on salaries and expenses, bureau of old-age and survivors insurance</heading> <content> <p class="firstIndent1 fontsize10">For necessary expenses, not more than $280,400,000 may be expended from the Federal old-age and survivors insurance trust fund: <proviso><i>Provided</i>, That such amounts as are required shall be available to pay the cost of necessary travel incident to medical examinations for verifying disabilities of individuals who file applications for disability determinations under title II of the Social Security Act, as amended: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s401–425">42 USC 401–425</ref>.</p></sidenote><i>Provided further</i>, That $10,000,000 of the foregoing amount shall be apportioned for use pursuant to section 3679 or the Revised Statutes as amended (31 U.S.C. 665), only to the extent necessary to process workloads not antcipated in the budget estimates and after maximum absorption of the costs of such workload within the existing limitation has been achieved.</proviso></p> <p class="firstIndent1 fontsize10">Advances to States, next succeeding fiscal year: For making, after May 31 of the current fiscal year, advances to States under section 221 (e) of the Social Security Act, as amended, for the first quarter <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70/s823">70 stat. 823</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s421">42 USC 421</ref>.</p></sidenote>of the next succeeding fiscal year, such sums as may be necessary from the above authorization may be expended from the Federal old-age and survivors insurance trust fund.</p> </content> </appropriations> <appropriations level="small"><heading>grants to states for public assistance</heading> <content>For grants to States for old-age assistance, medical assistance for the aged, aid to dependent children, aid to the blind, and aid to the permanently and totally disabled, as authorized in titles I, IV, X, and XIV of the Social Security Act, as amended (42 U.S.C. ch. 7, subchs. I, IV, X, and XIV), $2,538,300,000, of which such amount as may be <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s301">42 USC 301 <i>et seq</i></ref>.</p></sidenote>necessary shall be available for grants for any period in the prior fiscal year subsequent to March 31 of that year.</content></appropriations> <page identifier="/us/stat/76/376">76 <inline class="smallCaps">Stat</inline>. 376</page> <appropriations level="small"><heading>assistance for repatriated united states nationals</heading> <content>For necessary expenses of carrying out section 1113 of the Social<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t75/s142">75 stat. 142</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/t75/s321–329">24 USC 321–329</ref>.</p></sidenote> Security Act, as amended (42 U.S.C. 1313), and of carrying out the provisions of the Act of July 5, 1960 (74 Stat. 308), and for care and treatment in accordance with the Acts of March 2, 1929, and October <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t45/s1495">45 stat. 1495</ref>; <ref href="/us/stat/t55/s756">55 stat. 756</ref>.</p></sidenote>29, 1941, as amended (24 U.S.C. 191a, 196a), $467,000.</content></appropriations> <appropriations level="small"><heading>salaries and expenses, bureau of family services</heading> <content>For expenses necessary for the Bureau of Family Services, $3,585,000.</content></appropriations> <appropriations level="small"><heading>grants for maternal and child welfare</heading> <content>For grants for maternal and child-health services, services for crippled children, and child-welfare services as authorized in title V, parts 1, 2, and 3, of the Social Security Act, as amended (42 U.S.C., <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s301">42 USC 301 <i>et seq</i></ref>.</p></sidenote>ch. 7, subch. V; 74 Stat. 995–997), $75,795,000, of which $25,000,000 shall be available for services for crippled children, $25,000,000 for maternal and child-health services, $25,000,000 for child-welfare services, and $795,000 for research or demonstration projects in child welfare: <proviso><i>Provided</i>, That any allotment to a State pursuant to section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s702/712">42 USC 702, 712</ref>.</p></sidenote>502(b) or 512(b) of such Act shall not be included in computing for the purposes of subsections (a) and (b) of sections 504 and 514 of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s704/714">42 USC 704, 714</ref>.</p></sidenote>such Act an amount expended or estimated to be expended by the State:</proviso> <proviso><i>Provided further</i>, That $1,000,000 of the amount available under section 502(b) of such Act shall be used only for special projects for mentally retarded children.</proviso></content></appropriations> <appropriations level="small"><heading>salaries and expenses, children’s bureau</heading> <content>For necessary expenses in carrying out the Act of April 9, 1912, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s191–194">42 USC 191–194</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s301">42 USC 301 <i>et seq</i></ref>.</p></sidenote>amended (42 U.S.C., ch. 6), and title V of the Social Security Act, as amended (42 U.S.C., ch. 7, subch. V), including purchase of reports and material for the publications of the Children’s Bureau and of reprints for distribution, $2,853,000: <proviso><i>Provided</i>, That no part of any appropriation contained in this title shall be used to promulgate or carry out any instructions, order, or regulation relating to the care of obstetrical cases which discriminate between persons licensed under State law to practice obstetrics:</proviso> <proviso><i>Provided further</i>, That the foregoing proviso shall not be so construed as to prevent any patient from having the services of any practitioner of her own choice, paid for out of this fund, so long as State laws are complied with:</proviso> <proviso><i>Provided further</i>, That any State plan which provides standards for professional obstetrical services in accordance with the laws of the State shall be approved.</proviso></content></appropriations> <appropriations level="small"><heading>cooperative research or demonstration projects in social security</heading> <content>For grants, contracts, and jointly financed cooperative arrangements for research or demonstration projects under section 1110 of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t70/s850">70 stat. 850</ref>.</p></sidenote>Social Security Act, as amended (42 U.S.C. 1310), $1,100,000.</content></appropriations> <appropriations level="small"><heading>salaries and expenses, office of the commissioner</heading> <content> <p class="firstIndent1 fontsize10">For expenses necessary for the Office of the Commissioner of Social Security, $711,000, together with not to exceed $418,000 to be transferred from the Federal old-age and survivors insurance trust fund: <proviso><i>Provided</i>, That not to exceed $11,000 shall be available to pay preparation costs for a meeting of the International Social Security Association.</proviso></p> <page identifier="/us/stat/76/377">76 <inline class="smallCaps">Stat</inline>. 377</page> <p class="firstIndent1 fontsize10">Grants to States, next succeeding fiscal year: For making? after May 31 of the current fiscal year, payments to States under titles I, IV, V, X, and XIV, respectively, of the Social Security Act, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s301">42 USC 301 <i>et seq</i></ref>.</p></sidenote>amended, for the first quarter of the next succeeding fiscal year, such sums as may be necessary, the obligations incurred and the expenditures made thereunder for payments under each of such titles to be charged to the appropriation therefor for that fiscal year.</p> <p class="firstIndent1 fontsize10">In the administration of titles I, IV, V, X, and XIV, respectively, of the Social Security Act, as amended, payments to a State under any of such titles for any quarter in the period beginning April 1 of the prior year, and ending June 30 of the current year, may be made with respect to a State plan approved under such title prior to or during such period, but no such payment shall be made with respect to any plan for any quarter prior to the quarter in which such plan was submitted for approval.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Special Institutions</heading> <appropriations level="small"><heading>american printing house for the blind</heading> <heading>education of the blind</heading> <content>For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101–105), $739,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t20/s468">20 stat. 468</ref>.</p></sidenote></content></appropriations> <appropriations level="small"><heading>SALARIES AND EXPENSES, FREEDMEN’S HOSPITAL</heading> <content>For expenses necessary for operation and maintenance, including repairs: furnishing, repairing, and cleaning of wearing apparel used by employees in the performance of their official duties; transfer of funds to the appropriation “Salaries and expenses, Howard University” for salaries or technical and professional personnel detailed to the hospital; payments to the appropriations of Howard University for actual cost of heat, light, and power furnished by such university; $3,909,000: <proviso><i>Provided</i>, That no intern or resident physician receiving compensation from this appropriation on a full-time basis shall receive compensation in the form of wages or salary from any other appropriation in this title:</proviso> <proviso><i>Provided further</i>, That the District of Columbia shall pay by check to Freedmen’s Hospital, upon the Surgeon General’s request, in advance at the beginning of each quarter, such amount as the Surgeon General calculates will be earned on the basis of rates approved by the Bureau of the Budget for the care of patients certified by the District of Columbia. Bills rendered by the Surgeon General on the basis of such calculations shall not be subject to audit or certification in advance of payment; but proper adjustment of amounts which have been paid in advance on the basis of such calculations shall be made at the end of each quarter:</proviso> <proviso><i>Provided further</i>, That the Surgeon General may delegate the responsibilities imposed upon him by the foregoing proviso.</proviso></content></appropriations> <appropriations level="small"><heading>salaries and expenses, gallaudet college</heading> <content>For the partial support of Gallaudet College, including personal services and miscellaneous expenses, and repairs and improvements, as authorized by the Act of June 18, 1954 (Public Law 420), $1,458,000: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s265">68 stat. 265</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/dcc/t31–1025–1032">D. C. Code 31–1025–1032</ref>.</p></sidenote><i>Provided</i>, That Gallaudet College shall be paid by the District of Columbia, in advance at the beginning of each quarter, at a rate not less than $1,295 per school year for each student receiving elementary or secondary education pursuant to the Act of March 1, 1901 (31 D.C. Code 1008).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t31/s844">31 stat. 844</ref>.</p></sidenote></content></appropriations> <page identifier="/us/stat/76/378">76 <inline class="smallCaps">Stat</inline>. 378</page> <appropriations level="small"><heading>construction, gallaudet college</heading> <content>For construction, alteration, renovation, equipment, and improvement of buildings and facilities on the grounds of Gallaudet College, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s265">68 stat. 265</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/dcc/t31–1025–1032">D. C. Code 31–1025–1032</ref>.</p></sidenote>authorized by the Act of June 18, 1954 (Public Law 420), under the supervision of the General Services Administration, including planning, architectural, and engineering services, $1,065,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>salaries and expenses, howard university</heading> <content>For the partial support of Howard University, including personal services and miscellaneous expenses and repairs to buildings and grounds, $7,492,000.</content></appropriations> <appropriations level="small"><heading>plans and specifications, howard university</heading> <content>For necessary expenses for the preparation of plans and specifications for construction, under the supervision of the General Services Administration, on the grounds or Howard University, of a social work building, and for conduct of a master development study, including architectural and engineering services, $86,000, to remain available until expended.</content></appropriations> <appropriations level="small"><heading>construction and purchase of buildings, howard university</heading> <content>For the construction and equipment of a classroom building, a women’s dormitory, and powerplant facilities under the supervision of the General Services Administration, on the grounds of Howard University, and for purchase, renovation and equipment, under such supervision, of a warehouse service building, including engineering and architectural services and travel, $5,531,Q00, to remain available until expended.</content></appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the Office of the Secretary, $2,621,000, together with not to exceed $359,000 to be transferred from the Federal old-age and survivors insurance trust fund.</content></appropriations> <appropriations level="small"><heading>salaries and expenses, office of field administration</heading> <content>For expenses necessary for the Office of Field Administration, $3,335,000, together with not to exceed $1,457,000 to be transferred from the Federal old-age and survivors insurance trust fund and not to exceed $38,000 to be transferred from the Operating fund, Bureau of Federal Credit Unions.</content></appropriations> <appropriations level="small"><heading>surplus property utilization</heading> <content>For expenses necessary for carrying out the provisions of subsections 203 (j), (k), (n), and (o), of the Federal Property and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t63/s385">63 stat. 385</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s484">40 USC 484</ref>.</p></sidenote>Administrative Services Act of 1949, as amended, relating to disposal of real and personal excess property for educational purposes, civil defense purposes, and protection of public health, $870,000.</content></appropriations> <appropriations level="small"><heading>salaries and expenses, office of the general counsel</heading> <content>For expenses necessary for the Office of the General Counsel, $813,000, together with not to exceed $29,000 to be transferred from the <page identifier="/us/stat/76/379">76 <inline class="smallCaps">Stat</inline>. 379</page>appropriation “Salaries and expenses, certification, inspection, and other services”, and not to exceed $696,000 to be transferred from the Federal old-age and survivors insurance trust fund.</content></appropriations> <appropriations level="small"><heading>juvenile delinquency and youth offenses</heading> <content>For grants for demonstration, evaluation, and training projects, and for technical assistance, relating to control of juvenile delinquency, and youth offenses, and for salaries and expenses in connection there- with, $5,810,000, to remain available only until June 30, 1963.</content></appropriations> </appropriations> <level> <heading class="centered">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"><num value="201"><inline class="smallCaps">Sec.</inline> 201. </num><content>None of the funds appropriated by this title to the Social <sidenote><p class="firstIndent1 fontsize8">Withholding of fund.</p><p class="firstIndent1 fontsize8">Restriction.</p></sidenote>Security Administration for grants-in-aid of State agencies to cover, in whole or in part, the cost of operation of said agencies, including the salaries and expenses of officers and employees of said agencies, shall be withheld from the said agencies of any States which have established by legislative enactment and have in operation a merit system and classification and compensation plan covering the selection, tenure in office, and compensation of their employees, because of any disapproval of their personnel or the manner of their selection by the agencies of the said States, or the rates of pay of said officers for employees.</content> </section> <section class="firstIndent1 fontsize10"><num value="202"><inline class="smallCaps">Sec.</inline> 202. </num><content>The Secretary is authorized to make such transfers of <sidenote><p class="firstIndent1 fontsize8">Motor vehicle transfer.</p></sidenote>motor vehicles, between bureaus and offices, without transfer of funds, as may be required in carrying out the operations of the Department.</content> </section> <section class="firstIndent1 fontsize10"><num value="203"><inline class="smallCaps">Sec.</inline> 203. </num><content>None of the funds provided herein shall be used to pay <sidenote><p class="firstIndent1 fontsize8">Research, indirect coats.</p></sidenote>any recipient of a grant for the conduct of a research project an amount for indirect expenses in connection with such project in excess of 20 per centum of the direct costs.</content> </section> <section class="firstIndent1 fontsize10"><num value="204"><inline class="smallCaps">Sec.</inline> 204. </num><content class="inline"><p class="inline">Appropriations to the Public Health Service available for research grants pursuant to the Public Health Service Act shall also <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t58/s582">58 stat. 582</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s201">42 USC 201 note</ref>.</p></sidenote>be available, on the same terms and conditions as apply to non-Federal institutions, for research grants to hospitals of the Service, the Bureau of Prisons, Department of Justice, and to Saint Elizabeths Hospital.</p> <p class="firstIndent1 fontsize10">This title may be cited as the Department of Health, Education, <sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote>and Welfare Appropriation Act, 1963.</p> </content> </section> </level> <num class="centered" value="III">TITLE III—</num><heading class="inline">NATIONAL LABOR RELATIONS BOARD</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, as amended (29 U.S.C. 141–167), and other laws, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t61/s136">61 stat. 136</ref>; <ref href="/us/stat/t73/s542">73 stat. 542</ref>.</p></sidenote>$20,250,000: <proviso><i>Provided</i>, That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t49/s450">49 stat. 450</ref>; <ref href="/us/stat/t61/s137">61 stat. 137</ref>.</p></sidenote>and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and including in said definition employees engaged <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t52/s1060">52 Stat. 1060</ref>.</p></sidenote>in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 per centum of the water stored or supplied thereby is used for farming purposes.</proviso></content></appropriations> 76 Stat. 380 <num class="centered" value="IV">TITLE IV—</num><heading class="inline">NATIONAL MEDIATION BOARD</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for carrying out the provisions of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t44/s577">44 Stat. 577</ref>.</p></sidenote>Railway Labor Act, as amended (45 U.S.C. 151–188), including temporary employment of referees under section 3 of the Railway Labor Act, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t48/s1189">48 stat. 1189</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t45/s153">45 USC 153</ref>.</p></sidenote>amended, at rates not in excess of $100 per diem; and emergency boards appointed by the President pursuant to section 10 of said Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t44/s586">44 stat. 586</ref>.</p></sidenote>(45 U.S.C. 160); $1,904,000.</content></appropriations> <num class="centered" value="V">TITLE V—</num><heading class="inline">RAILROAD RETIREMENT BOARD</heading> <appropriations level="small"><heading>limitation on salaries and expenses</heading> <content>For expenses necessary for the Railroad Retirement Board, $9,640,000, to be derived from the railroad retirement account.</content></appropriations> <num class="centered" value="VI">TITLE VI—</num><heading class="inline">FEDERAL MEDIATION AND CONCILIATION SERVICE</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the Service to carry out the functions vested in it by the Labor-Management Relations Act, 1947 (29 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t61/s152">61 stat. 152</ref>.</p></sidenote>171–180, 182), including expenses of the Labor-Management Panel as provided in section 205 of said Act; expenses of boards of inquiry appointed by the President pursuant to section 206 of said Act; temporary employment of arbitrators, conciliators, and mediators on labor relations at rates not in excess of $100 per diem; and Government-listed telephones in private residences and private apartments for official use in cities where mediators are officially stationed, but no Federal Mediation and Conciliation Service office is maintained; $4,973,000.</content></appropriations> <num class="centered" value="VII">TITLE VII—</num><heading class="inline">INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN</heading> <appropriations level="small"><heading>contribution to interstate commission on the potomac river basin</heading> <content>To enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year in the administration of its business in the conservancy <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s567b">33 USC 567b</ref>.</p></sidenote>district established pursuant to the Act of July 11, 1940 (54 Stat. 748), $5,000.</content></appropriations> <num class="centered" value="VIII">TITLE VIII—</num><heading class="inline">UNITED STATES SOLDIERS’ HOME</heading> <appropriations level="small"><heading>limitation on operation and maintenance and capital outlay</heading> <content>For maintenance and operation of the United States Soldiers’ Home, to be paid from the Soldiers’ Home permanent fund, $6,128,000: <proviso><i>Provided</i>, That this appropriation shall not be available for the payment of hospitalization of members of the Home in United States Army hospitals at rates in excess of those prescribed by the Secretary of the Army, upon the recommendation of the Board of Commissioners of the Home and the Surgeon General of the Army.</proviso></content></appropriations> 76 Stat. 381 <num class="centered" value="IX">TITLE IX—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"><num value="901"><inline class="smallCaps">Sec.</inline> 901. </num><content>Appropriations contained in this Act, available for salaries and expenses, shall be available for services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a) but at <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s810">60 stat. 810</ref>.</p></sidenote>rates not to exceed $75 per diem for individuals,’except as otherwise provided.</content> </section> <section class="firstIndent1 fontsize10"><num value="902"><inline class="smallCaps">Sec.</inline> 902. </num><content>Appropriations contained in this Act available for <sidenote><p class="firstIndent1 fontsize8">Uniforms or allowances.</p></sidenote>salaries and expenses shall be available for uniforms or allowances therefor as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t68/s1114">68 stat. 1114</ref>.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"><num value="903"><inline class="smallCaps">Sec.</inline> 903. </num><content>Appropriations contained in this Act available for salaries <sidenote><p class="firstIndent1 fontsize8">Attendance at meetings.</p></sidenote>and expenses shall be available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities.</content> </section> <section class="firstIndent1 fontsize10"><num value="904"><inline class="smallCaps">Sec.</inline> 904. </num><content>None of the funds contained in this Act for “Juvenile <sidenote><p class="firstIndent1 fontsize8">Restriction.</p></sidenote>delinquency and youth offenses” shall be paid, for the purpose of conducting or assisting in conducting a research or demonstration project, to any person or organization registered with the Clerk of the House and the Secretary of the Senate under the Regulation of Lobbying Act.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/t60/s839">60 stat. 839</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s261">2 USC 261 note</ref>.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"><num value="905"><inline class="smallCaps">Sec.</inline> 905. </num><content class="inline"><p class="inline">The Secretary of Labor and the Secretary of Health, Education, and Welfare, are each authorized to make available not to exceed $5,000 from funds available for salaries and expenses under titles I and II, respectively, for entertainment, not otherwise provided for, of officials, visiting scientists, and other experts of other countries.</p> <p class="firstIndent1 fontsize10">This Act may be cited as the “<shortTitle role="act">Departments of Labor, and Health, <sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote>Education, and Welfare Appropriation Act, 1963</shortTitle>”.</p> </content> </section> Approved August 14, 1962.
Public Law 87–583: To amend chapter 17 of title 38, United States Code, in order to authorize hospital and medical care for peacetime veterans suffering from noncompensable service-connected disabilities. Public Law 583 Public Law 87–583 76 Stat. 381 1962-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–583
AN ACT To amend chapter 17 of title 38, United States Code, in order to authorize hospital and medical care for peacetime veterans suffering from noncompensable service-connected disabilities.

August 14, 1962

[H. R. 10904]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That paragraph (1)

Peacetime veterans.

Hospital and medical care.

72 Stat. 1141, 1142.

of section 610(a) of title 38, United States Code, is amended to read as follows: “(1) (A) any veteran for a service-connected disability; or “(B) a veteran of any war for a non-service-connected disability if he is unable to defray the expenses of necessary hospital care;”.
Sec. 2. Section 612(a) of title 38, United States Code, is amended to read as follows: “(a) Except as provided in subsection (b), the Administrator, within the limits of Veterans’ Administration facilities, may furnish such medical services as he finds to be reasonably necessary to any veteran for a service-connected disability. In the case of any veteran discharged or released from the active military, naval, or air service for a disability incurred or aggravated in line of duty, such services may be so furnished for that disability, whether or not service connected for the purposes of this chapter.”
Approved August 14, 1962.
Public Law 87–584: To authorize appropriations to the National Aeronautics and Space Administration for research, development, and operation; construction of facilities; and for other purposes. Public Law 584 Public Law 87–584 76 Stat. 382 1962-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 382 Public Law 87–584
AN ACT To authorize appropriations to the National Aeronautics and Space Administration for research, development, and operation; construction of facilities; and for other purposes.

August 14, 1962

[H. R. 11737]

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

National Aeronautics and Space Administration Authorization Act for the fiscal year 1963.
That there is hereby authorized to be appropriated to the National Aeronautics and Space Administration the sum of $3,744,115,250, as follows: (a) For “Research, development, and operation”, $2,957,878,000. (b) For “Construction of facilities”, $786,237,250, as follows: (1) Ames Research Center, Moffet Field, California, $14,439,000. (2) Atlantic Missile Range, Cape Canaveral, Florida, including land acquisition and relocation of inland waterway and bridge, $328,333,000. (3) Facility planning and design not otherwise provided for, $8,000,000. (4) Flight Research Center, Edwards, California, $1,807,000. (5) Goddard Space Flight Center, Greenbelt, Maryland, $23,746,250. (6) Jet Propulsion Laboratory, Pasadena, California, $10,347,000. (7) Langley Research Center, Hampton, Virginia, $8,081,000. (8) Lewis Research Center, Cleveland, Ohio, $44,833,000. (9) Maimed Spacecraft Center, Houston, Texas, $30,755,000. (10) Marshall Space Flight Center, Huntsville, Alabama, $33,431,500. (11) Michoud Plant, New Orleans, Louisiana, $18,400,000. (12) Mississippi Test Facility, Mississippi, $92,500,000. (13) Nuclear Rocket Development Station, Nevada, $40,000,000. (14) Various locations, $127,278,750. (15) Wallops Station, Wallops Island, Virginia, $4,285,750. (c)

Research, development, and operation.

Appropriations for “Research, development, and operation” may be used (i) for any items of a capital nature (other than acquisition of land) which may be required for the performance of research and development contracts, and (ii)’ for grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities; and title to such facilities shall lie vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom benefit adequate to justify the making

Report to congressional committees.

of that grant. None of the funds appropriated for “Research, development, and operation” pursuant to this Act may be used for construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless the Administrator or his designee notifies the Committee on Science and Astronautics of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate of the nature, location, and estimated cost of such facility. (d) When so specified in an appropriation Act any amount appropriated for “Research, development, and operation” and for “Construction of facilities” may remain available without fiscal year limitation. 76 Stat. 383 (e) Appropriations other than “Construction of facilities” may be

Scientific consultations, expenses.

used, but not to exceed $35,000, for scientific consultations or extraordinary expense upon the approval or authority of the Administrator and his determination shall be final and conclusive upon the accounting officers of the Government. (f) Until such time as the National Aeornautics and Space Administration shall establish uniform design criteria and construction standards for facilities for which appropriations are authorized pursuant to this Act, the National Aeronautics and Space Administration shall to the fullest extent practicable utilize for such facilities design criteria and construction standards established either by the General Services Administration, the United States Navy Bureau of Yards and Docks, or the United States Army Corps of Engineers.
Sec. 2. Authorization is hereby granted whereby any of the amounts prescribed in subparagraph (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), or (15) of subsection 1(b) may, in the discretion of the Administrator of the National Aeronautics and Space Administration, be varied upward 5 per centum to meet unusual cost variations, but the total cost of all work authorized under such subparagraphs shall not exceed a total of $786,237,250.
Sec. 3. Not to exceed 3 per centum of the funds appropriated pursuant

Construction of facilities.

 to subsection 1(a) hereof may be transferred to the “Construction of facilities” appropriation, and, when so transferred, together with $30,000,000 of the funds appropriated pursuant to subsection 1 (b) hereof, shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines that deferral of such action until the enactment of the next authorization Act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment. No portion or such sums may be

Report to congressional committees.

obligated for expenditure or expended to construct, expand, or modify laboratories and other installations until the Administrator or his designee has transmitted to the Committee on Science and Astronautics of the House of Representatives and to the Committee on Aeronautical and Space Sciences of the Senate a written report containing a full and complete statement concerning (1) the nature of such construction, expansion, or modification, (2) the cost thereof, including the cost of any real estate action pertaining thereto, and (3) the reason why such construction, expansion, or modification is necessary in the National interest. No such funds may be used for any construction, expansion, or modification if authorization for such construction, expansion, or modification previously has been denied by the Congress.
Sec. 4. The Administrator is hereby authorized to transfer, with the

Transfer of funds.

approval of the Bureau of the Budget, funds appropriated pursuant to this Act, to any other agency of the Government whenever the Administrator determines such transfer necessary for the efficient accomplishment of the objectives for which the funds have been appropriated. Not more than $20,000,000 of the funds authorized by this

Report to congressional committees.

Act may be transferred by the Administrator under this section, and no transfer in excess of $250,000 shall be made under this section unless the Administrator has transmitted to the Committee on Aeronautical and Space Sciences of the Senate and to the Committee on Science and Astronautics of the House of Representatives a written statement 76 Stat. 384concerning the amount and purpose of, and the reason for, such transfer, and (1) each such committee has transmitted to the Administrator written notice to the effect that such committee has no objection to that transfer, or (2) thirty days have passed after the transmittal by the Administrator of such statement to those committees.
Sec. 5. (a) Section 1 of the Act of July 21, 1961 (75 Stat. 216), is amended as follows: (i) Strike out “$1,784,300,000” in the first sentence, and insert in lieu thereof “$1,855,300,000”; (ii) Strike out “$252,075,000” in subsection (c), and insert in lieu thereof “$323,075,000”; (iii) Strike out “$49,583,000” in paragraph (c) (8), and insert in lieu thereof “, including land acquisition, $104,583,000”; add a new paragraph after paragraph (c)(ll) as follows: “(12) Land acquisition, Mississippi Test Facility, Mississippi, $16,000,000.” (iv) At the end of subsection (c) insert the following new paragraph:

“All real estate heretofore or hereafter acquired by the United States for the use of the National Aeronautics and Space Administration shall remain under the control and jurisdiction of that Administration, unless it is disposed of in accordance with the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended.”

 (b)

40 USC 471 note.

Section 2 of the Act of July 21, 1961 (75 Stat. 216, 217), is amended (1) by striking out “or (11)” and inserting in lieu thereof “(11), or (12), and (2) by striking out “$252,075,000” and inserting in lieu thereof “$323,075,000”. (c) In computing the amounts which may, under the authority of section 3 of the Act of July 21, 1961 (75 Stat. 216,217), be transferred and/or used for purposes set forth in said section, there may be disregarded any amounts so transferred and/or used for land acquisitions at the Atlantic Missile Range, Cape Canaveral, Florida, and the Mississippi Test Facility, Mississippi, which have been reported to the Congress, in accordance with the provisions of said section, prior to the enactment of this Act.
Sec. 6. Section 203(b) of the National Aeronautics and Space Act of

42 USC 2473.

1958, as amended (72 Stat. 429,431), is amended by (i) striking out the word “and” where it appears after the semicolon at the end of section 203(b) (12); (ii) striking out the period at the end of section 203(b) (13) and inserting in lieu thereof a semicolon and the word “and”; and (iii) adding at the end thereof the following new paragraph: “(14) to reimburse, to the extent determined by the Administrator or his designee to be fair and reasonable, the owners and tenants of land and interests in land acquired on or after November 1, 1961, by the United States for use by the Administration by purchase, condemnation, or otherwise for expenses and losses and damages incurred by such owners and tenants as a direct result of moving themselves, their families, and their possessions because of said acquisition. Such reimbursement shall be in addition to, but not in duplication of, any payments that may otherwise be authorized by law to be made to such owners and tenants. The total of any such reimbursement to any owner or tenant shall in no event exceed 25 per centum of the fair value, as determined by the Administrator, of the parcel of land or interest in land to which the reimbursement is related. No payment under this paragraph shall be made unless application therefor, supported by an itemized statement of the expenses, losses, and damages incurred, is submitted to the Administrator within 76 Stat. 385one year from (a) the date upon which the parcel of land or interest in land is to be vacated under agreement with the Government by the owner or tenant or pursuant to law, including but not limited to, an order of a court, or (b) the date upon which the parcel of land or interest in the land involved is vacated, whichever first occurs. The Administrator may perform any and all acts and make such rules and regulations as he deems necessary and proper for the purpose of carrying out this paragraph. All functions performed under this paragraph shall be exempt from the operation of the Act of June 11, 1946, as amended (5 U.S.C. 1001–1011), except as to the requirements of section 3 of said

60 Stat. 237, 238.

Act. Funds available to the Administration for the acquisition of real property or interests therein shall also be available for carrying out this paragraph”.
Sec. 7. Section 201 (f) of the National Aeronautics and Space Act of 1958 is amended by adding at the end thereof the following new sentence:

72 stat. 427.

42 USC 2471.

“Other provisions of law or regulations relating to Government employment (except those relating to pay and retirement) shall apply to council employees reporting directly to the chairman to the extent that such provisions are applicable to employees in the office of the Vice President.”
Sec. 8. This Act may be cited as the “National Aeronautics and

Short title.

Space Administration Authorization Act for the fiscal year 1963”.
Approved August 14, 1962.
Public Law 87–585: To authorize the Administrator of General Services, in connection with the construction and maintenance of a Federal office building, to use the public space under and over Tenth Street Southwest in the District of Columbia, and for other purposes. Public Law 585 Public Law 87–585 76 Stat. 385 1962-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–585
AN ACT To authorize the Administrator of General Services, in connection with the construction and maintenance of a Federal office building, to use the public space under and over Tenth Street Southwest in the District of Columbia, and for other purposes.

August 14, 1962

[S. 3525]

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

General Services Administration.

Use of public space.

of General Services, in connection with the construction and maintenance of a Federal office building on the south side of Independence Avenue Southwest in the District of Columbia, is authorized to use the public space over and under that portion of Tenth Street Southwest which is adjacent to such property as has been or may be acquired by the Administrator of General Services as a site for said building. Such authority shall be exercised only to the extent that such use is not inconsistent with the use of said street by the general public for the purpose of travel.
Approved August 14, 1962.
Public Law 87–586: To establish the Saint Augustine Quadricentennial Commission, and for other purposes. Public Law 586 Public Law 87–586 76 Stat. 386 1962-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 386 Public Law 87–586
JOINT RESOLUTION To establish the Saint Augustine Quadricentennial Commission, and for other purposes.

August 14, 1962

[S. J. Res. 91]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Saint Augustine Quadricentennial Commission.

Establishment.
That (a) there is hereby established a commission to be known as the “Saint Augustine Quaaricentennial Commission” (hereinafter referred to as the “Commission”), which shall be composed of eleven members to be appointed as follows: (1)

Membership.

 Two members who shall be Members of the Senate, to be appointed by the President of the Senate; (2) Two members who shall be Members of the House of Representatives, to be appointed by the Speaker of the House of Representatives; (3) One member from the Department of the Interior who shall be the Director of the National Park Service, or his representative, and who shall serve as executive officer of the Commission; and (4) Six members to be appointed by the President of the United States. (b) The President of the United States shall, at the time of appointment, designate one of the members appointed by him to serve as Chairman. The members of the Commission shall serve without compensation, but shall be reimbursed for travel, subsistence, and other expenses actually and necessarily incurred by them in the performance of duties vested in the Commission. (c) A vacancy occurring in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (d)

Conflict of interest.

Service of an individual as a member of the Commission shall not be considered as service or employment bringing such individual within the provisions of sections 216,281, 283, 284, 434, or 1914 of title 18 of the United States Code, or section 190 of the Revised Statutes (5 U.S.C. 99).
Sec. 2.

62 stat. 694, 697, 698, 703, 793.

Functions.

The functions of the Commission shall be to develop and to execute suitable plans for the celebration, in 1965, of the four hundredth anniversary of the founding of Saint Augustine, Florida, the oldest permanent and continuous settlement in the United States. In carrying out these functions, the Commission is authorized to cooperate with and to assist the Quadricentennial Anniversary Commission of Florida.
Sec. 3. The Commission may employ, without regard to the civil

63 stat. 954.

5 USC 1071 note.

service laws or the Classification Act of 1949, such employees as may be necessary in carrying out its functions under this resolution: Provided, however, That no employee whose position would be subject to the Classification Act of 1949, as amended, if said Act were applicable to such position, shall be paid a salary at a rate in excess or the rate payable under said Act for positions of equivalent difficulty or responsibility. Such rates of compensation may be adopted by the Commission as may be authorized by the Classification Act of 1949, as amended, as of the same date such rates are authorized for positions subject to said Act. The Commission shall make adequate provision for administrative review of any determination to dismiss any employee.
Sec. 4.

Donations.

 (a) The Commission is authorized to accept donations of money, property, or personal services; to cooperate with patriotic and historical societies and with institutions of learning; and to call upon

Assistance.

other Federal departments or agencies for their advice and assistance 76 Stat. 387in carrying out the purposes of this resolution. The Commission, to such extent as it finds to be necessary, may procure supplies, services, and property and make contracts, and may exercise those powers which it determines are necessary to enable it to carry out efficiently and in the public interest the purposes of this resolution. (b) Expenditures of the Commission shall be paid by the executive officer of the Commission, who shall keep complete records of such expenditures and who shall account also for all funds received by the Commission. A report of the activities of the Commission, including

Report to Congress.

an accounting of funds received and expended, shall be furnished by the Commission to the Congress within one year following the celebration as prescribed by this resolution. The Commission

Termination.

shall terminate upon submission of its report to the Congress. (c) Any property acquired by the Commission remaining upon

Surplus property and revenues, disposition.

termination of the celebration may be used by the Secretary of the Interior for purposes of the national park system or may be disposed of as surplus property. The net revenues, after payment of Commission expenses, derived from Commission activities, shall be deposited in the Treasury of the United States.
Approved August 14, 1962.
Public Law 87–587: To authorize the Foreign Claims Settlement Commission of the United States to investigate the claims of citizens of the United States who suffered property damage in 1951 and 1952 as the result of the artificial raising of the water level of Lake Ontario. Public Law 587 Public Law 87–587 76 Stat. 387 1962-08-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–587
AN ACT To authorize the Foreign Claims Settlement Commission of the United States to investigate the claims of citizens of the United States who suffered property damage in 1951 and 1952 as the result of the artificial raising of the water level of Lake Ontario.

August 15, 1962

[S. 2978]

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

Foreign Claims Settlement Commission.

Damage claims, investigation. Lake Ontario, Canada.

any other provision of law, the Foreign Claims Settlement Commission of the United States (hereinafter referred to as the “Commission”) is authorized and directed to accept claims of citizens of the United States for damages caused during 1951 and 1952 by the construction and maintenance of Gut Dam in the Saint Lawrence River by the Canadian Government, and the Commission is further authorized and directed with respect to each such claim to determine the validity thereof and the amount of damages caused by Gut Dam.
Sec. 2. Within sixty days after the enactment of this Act the Commission shall give public notice by publication in the Federal Register of the time when, and the limit of time within which, claims

Publication in F. R.

may be filed, which limit shall not be more than twelve months after such publication.
Sec. 3. The (Commission shall, as soon as practicable after all claims

Report to President.

are determined by it, submit to the President a report and a list of claims determined to be valid, and the amount of each such claim and a list of claims determined to be invalid, for such action by the President as he may deem appropriate.
Sec. 4. (a) There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. (b) The Commission is authorized and directed to utilize its existing personnel and facilities to the maximum extent practicable to carry out the provisions of this Act. (c) Nothing herein shall be construed as authorizing the Commission

Restriction.

to pay or certify for payment any claim filed hereunder.
76 Stat. 388
Sec. 5. If the Government of Canada enters into an agreement with the Government of the United States providing for arbitration or adjudication of the claims filed under this Act, the Commission shall discontinue its investigation and determination of the claims and transfer or otherwise make available to the Secretary of State all records and documents relating to the claims or, on the request of the Secretary of State, return to claimants documents filed in support of their claims.
Approved August 15, 1962.
Public Law 87–588: To improve the usefulness of national bank branches in foreign countries. Public Law 588 Public Law 87–588 76 Stat. 388 1962-08-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–588
AN ACT To improve the usefulness of national bank branches in foreign countries.

August 15, 1962

[S. 1771]

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

Federal Reserve System.

National bank branches in foreign countries.

39 stat. 755.

12 USC 601–632.
That section 25 of the Federal Reserve Act, as amended, is amended by adding the following new paragraph at the end thereof:

“Regulations issued by the Board of Governors of the Federal Reserve System under this section, in addition to regulating powers which a foreign branch may exercise under other provisions of law, may authorize such a foreign branch, subject to such conditions and requirements as such regulations may prescribe, to exercise such further powers as may be usual in connection with the transaction of the business of banking in the places where such foreign branch shall transact business. Such regulations shall not authorize a foreign branch to engage in the general business of producing, distributing, buying or selling goods, wares, or merchandise; nor, except to such limited extent as the Board may deem to be necessary with respect to securities issued by any ‘foreign state’ as defined in section 25(b) of

48 stat. 184.

12 USC 632.

this Act, shall such regulations authorize a foreign branch to engage or participate, directly or indirectly, in the business of underwriting, selling, or distributing securities.”
Approved August 15, 1962.
Public Law 87–589: To authorize the Secretary of the Interior to construct, operate, and maintain the Mann Creek Federal reclamation project, Idaho, and for other purposes. Public Law 589 Public Law 87–589 76 Stat. 388 1962-08-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–589
AN ACT To authorize the Secretary of the Interior to construct, operate, and maintain the Mann Creek Federal reclamation project, Idaho, and for other purposes.

August 16, 1962

[S. 405]

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

Mann Creek Federal reclamation project, Idaho.
That for the purposes of providing irrigation water for approximately fifty-one hundred acres, conserving and developing fish and wildlife, and providing recreational benefits, the Secretary of the Interior, acting pursuant

43 USC 371 note.

to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), is authorized to construct, operate, and maintain the facilities of the Mann Creek Federal reclamation project, Idaho. The principal works of the project shall consist of a dam and reservoir, diversion facilities from the reservoir, and drainage facilities.
Sec. 2.

Construction costs, repayment period.

72 Stat. 542, 543.

43 USC 485h.

The base period provided in subsection (d), section 9, of the Reclamation Project Act of 1939, as amended, for repayment of the construction costs properly chargeable to any block of lands and assigned to be repaid by irrigators shall be forty years, exclusive of 76 Stat. 389any development period, from the time water is first delivered to that block. Costs allocated to irrigation in excess of the amount determined by the Secretary to be within the ability of the irrigators to repay within the repayment period or periods herein specified, shall be returned to the reclamation fund within such period or periods from revenues derived by the Secretary of the Interior from the disposition of power marketed through the Federal power system in southern Idaho.
Sec. 3. (a) The Secretary of the Interior is authorized, in connection

Recreation facilities, construction.

with the Mann Creek project to construct minimum basic public recreation facilities, and to acquire such lands as may be necessary for that purpose, substantially in accordance with the plan in the report of the Secretary of the Interior, but such facilities (other than t hose necessary to protect the project works and the visiting public) shall not be constructed until an agreement has been executed by the State of Idaho, an agency or political subdivision thereof, or an appropriate local agency or organization to assume the management and operation of the facilities. The cost of constructing such facilities shall be nonreimbursable and nonreturnable under the reclamation laws. (b) The Secretary may make such reasonable provision in the works

Fish and wildlife, conservation.

authorized by this Act as he finds to be required for the conservation and development of fish and wildlife in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661. and the following), and the portion

60 stat. 1080;

72 stat. 563.

of the construction costs allocated to these purposes, together with an appropriate share of the operation, maintenance, and replacement costs therefor, shall be nonreimbursable and nonreturnable. Before the works are transferred to an irrigation water users’ organization for care, operation, and maintenance, the organization shall have agreed to operate them in such fashion, satisfactory to the Secretary, as to achieve the benefits to fish and wildlife on which the allocation of costs therefor is predicated, and to return the works to the United States for care, operation, and maintenance in the event of failure to comply with his requirements to achieve such benefits.
Sec. 4. There is hereby authorized to be appropriated for construction

Appropriation.

of the works herein authorized the sum of $3,490,000 (April 1961 prices). There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said works.
Approved August 16, 1962.
Public Law 87–590: To authorize the construction, operation, and maintenance by the Secretary of the Interior of the Fryingpan-Arkansas project, Colorado. Public Law 590 Public Law 87–590 76 Stat. 389 1962-08-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–590
AN ACT To authorize the construction, operation, and maintenance by the Secretary of the Interior of the Fryingpan-Arkansas project, Colorado.

August 16, 1962

[H. R. 2206]

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

Interior Department.

Fryingpan-Arkansas projects Colo.

Construction authorization.

of supplying water for irrigation, municipal, domestic, and industrial uses, generating and transmitting hydroelectric power and energy, and controlling floods, and for other useful and beneficial purposes incidental thereto, including recreation and the conservation and development of fish and wildlife, the Secretary of the Interior is authorized to construct, operate, and maintain the Fryingpan-Arkansas project, Colorado, in substantial accordance with the engineering plans therefor set forth in House Document Numbered 187, Eighty-third Congress, modified as proposed in the September 1959 report, of 76 Stat. 390the Bureau of Reclamation entitled “Ruedi Dam and Reservoir, Colorado”, with such minor modifications of, omissions from, or additions to the works described in those reports as he may find necessary or proper for accomplishing the objectives of the project. Such modifications or additions as may be required in connection therewith shall not, however, extend to or contemplate the so-called Gunnison-Arkansas project; and nothing in this Act shall constitute a commitment, real or implied, to exportations of water from the Colorado River system in Colorado beyond those required for projects heretofore or herein authorized. In constructing, operating, and maintaining the Fryingpan-Arkansas project, the Secretary shall be governed by the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). (b)

43 USC 371 note.

A reservoir at the Ruedi site on the Fryingpan River with an active capacity of approximately one hundred thousand acrefeet shall be constructed in lieu of the reservoir on the Roaring Fork River at the Aspen site contemplated in House Document Numbered 187, Eighty-third

Report to President and Congress.

Congress. The Secretary shall investigate and prepare a report on the feasibility of a replacement reservoir at or near the Ashcroft site on Castle Creek, a tributary of the Roaring Fork River above its confluence with the Fryingpan River with a capacity of approximately five thousand acrefeet, but construction thereof shall not be commenced unless said report, which shall be submitted to the President and the Congress, demonstrates the feasibility of said reservoir and is approved by the Congress. The Secretary shall expedite completion of his planning report on the Basalt project, Colorado, as a

43 USC 620–620o.

participating project under the Act of April 11, 1956 (70 Stat. 105), and said report shall have the priority status of the reports to which reference is made in section 2 of said Act. (c) No part of the single purpose municipal and industrial water supply works involved in the Fryingpan-Arkansas project shall be constructed by the Secretary in the absence of evidence satisfactory to him that it would be infeasible for the communities involved to construct the works themselves, singly or jointly. In the event it is determined that these works, or any of them, are to be constructed by the Secretary, a contract providing, among other things, for payment of the actual cost thereof, with interest as hereinafter provided, as rapidly as is consistent with the contracting parties’ ability to pay, but in any event, within fifty years from the time the works are first available for the delivery of water, and for assumption by the contracting parties of the care, operation, maintenance, and replacement of the works shall be a condition precedent to construction thereof.
Sec. 2.

Repayment contracts.

 (a) Contracts to repay the portion of the cost of the Fryingpan-Arkansas project allocated to irrigation and assigned to be repaid by irrigation water users (exclusive of such portion of said cost as may be derived from temporary water supply contracts or from other sources) which are entered into pursuant to subsection (d), section 9,

72 Stat. 542, 543.

43 USC 485h.

of the Reclamation Project Act of 1939 (53 Stat. 1187), as amended, shall provide for a basic repayment period of not more than fifty years after completion of construction and shall not provide for any development period. Such contracts shall be entered into only with organizations which have the capacity to levy assessments upon all taxable real property located within their boundaries. (b) Rates charged for commercial power and for water for municipal, domestic or industrial use or for the use of facilities for the storage and/or delivery of such water shall be designed to return to the United States, within not more than fifty years from the completion of each unit of the project which serves those purposes, those costs of constructing, operating and maintaining that unit which are allocated 76 Stat. 391to said purposes and interest on the unamortized balance of said construction allocation and, in addition, within the period fixed by subsection (a) of this section, so much of the irrigation allocation as is beyond the ability of the water users and their organizations to repay. (c)

Water delivery facilities.

The interest rate on the unamortized balance of the commercial power and municipal, domestic, and industrial water supply allocations shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen.years from the date of issue.
Sec. 3. (a) The Fryingpan-Arkansas project shall be operated under the direction of the Secretary in accordance with the operating principles adopted by the State of Colorado on December 9, 1960, and reproduced in House Document Numbered 130, Eighty-seventh Congress. (b) The Secretary may appoint the two representatives of the United States to the Commission referred to in paragraph 19 of said principles and may, upon unanimous recommendation of the parties signatory to the operating principles, adopt such modifications therein as are not inconsistent with the provisions of this Act. (c) Any and all benefits and rights of western Colorado water users in and to water stored in the Green Mountain Reservoir, Colorado-Big Thompson project, as described, set forth and defined in Senate Document Numbered 80, Seventy-fifth Congress, shall not be impaired, prejudiced, abrogated, nullified, or diminished in any manner whatever by reason or the authorization, construction, operation, and maintenance of the Fryingpan-Arkansas project. (d) Except for such rights as are appurtenant to lands which are acquired for project purposes, no valid right to the storage or use of water within the natural basin of the Colorado River in the State of Colorado shall be acquired by the Secretary of the Interior through eminent domain proceedings for the purpose of storing or using outside of said basin the water embraced within that right, and no water, the right to the storage or use of which is so acquired by anyone other than the Secretary, shall be transported through or by means of any works of the Fryingpan-Arkansas project from the Colorado River Basin to the Arkansas River Basin.
Sec. 4. (a) The Secretary is authorized and directed (1) to investigate,

Recreational facilities.

plan, construct, operate, and maintain public recreational facilities on lands withdrawn or acquired for the development of said project, (2) to conserve the scenery, the natural, historic, and archeologic objects, and the wildlife on said lands, (3) to provide, for public use and enjoyment of the same and of the water areas created by this project by such means as are consistent with the purposes of said project, and (4) to investigate, plan, construct, operate, and maintain tacilities for the conservation and development of fish and wildlife resources. The Secretary is authorized to acquire lands and to withdraw public lands from entry or other disposition under the public land laws necessary for the construction, operation, and maintenance of the facilities herein provided, and to dispose of them to Federal, State, and local governmental agencies by lease, transfer, exchange, or conveyance upon such terms and conditions as will best promote their development and operation in the public interest: Provided,

National forest lands.

That all lands within the exterior boundaries of a national forest acquired for recreational or other project purposes which are not determined by the Secretary of the Interior to be needed for actual use in connection with the reclamation works shall become national forest lands: Provided further, That the Secretary of the Interior shall 76 Stat. 392make his determination hereunder within five years after approval of this Act or, in the case of individual tracts of land, within five years after their acquisition by the United States: And provided further, That the authority contained in this section shall not be exercised by the Secretary of the Interior with respect to national forest lands without the concurrence of the Secretary of Agriculture. (b) The costs, including the operation and maintenance costs, of the undertakings described in subsection (a) of this section shall be nonreimbursable and nonreturnable under the reclamation laws. The funds appropriated for carrying out the authorization contained in section 1 of this Act shall, without prejudice to the availability of other appropriated moneys for the same purpose, also be available for carrying out the investigations and programs authorized in this section.
Sec. 5. (a) The use of water diverted from the Colorado River system to the Arkansas River Basin through works constructed under authority of this Act shall be subject to and controlled by the Colorado River compact, the Upper Colorado River Basin compact, the

45 stat. 1057.

43 USC 6171.

54 Stat. 774.

43 USC 6180.

70 stat. 105.

43 USC 620–620o.

59 stat. 1219.

Boulder Canyon Project Act, the Boulder Canyon Project Adjustment Act, the Colorado River Storage Project Act, and the Mexican Water Treaty (Treaty Series 994), and shall be included within and shall in no way increase the total quantity of water to the use of which the State of Colorado is entitled and limited under said compacts, statutes, and treaty, and every contract entered into under this Act for the storage, use, and delivery of such water shall so recite. (b) All works constructed under authority of this Act, and all officers, employees, permittees, licensees, and contractors of the United States and of the State of Colorado acting pursuant thereto, and all users and appropriators of water of the Colorado River system diverted or delivered through the works constructed under authority of this Act and any enlargements or additions thereto shall observe and be subject to said compacts, statutes, and treaty, as hereinbefore provided, in the diversion, delivery, and use of water of the Colorado River system, and such condition and covenant shall attach as a matter of law whether or not set out or referred to in the instrument evidencing such permit, license, or contract and shall be deemed to be for the benefit of and be available to the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming and the users of water therein or thereunder by way of suit, defense, or otherwise in any litigation respecting the waters of the Colorado River system. (c) None of the waters of the Colorado River system shall be exported from the natural basin of that system by means of works constructed under authority of this Act, or extensions and enlargements of such works, to the Arkansas River Basin for consumptive use outside of the State of Colorado, and no such waters shall be made available for consumptive use in any State not a party to the Colorado River compact by exchange or substitution; nor shall the obligations of the State of Colorado under the provisions of the Arkansas River compact (63 Stat. 145) be altered by any operations of the Fryingpan-Arkansas project. (d) No right or claim of right to the use of the waters of the Colorado River system shall be aided or prejudiced by this Act, and the Congress does not, by its enactment, construe or interpret any provision of the Colorado River compact, the Upper Colorado River Basin

45 stat. 1057.

43 USC 617t.

54 stat. 774.

43 USC 618o.

70 stat. 105.

43 USC 620–620o.

59 stat. 1219.

compact, the Boulder Canyon Project Act, the Boulder Canyon Project Adjustment Act, the Colorado River Storage Project Act, or the Mexican Water Treaty or subject the United States to, or approve or disapprove any interpretation of, said compacts, statutes, or treaty, anything in this Act to the contrary notwithstanding. 76 Stat. 393 (e) In the operation and maintenance of all facilities under the jurisdiction and supervision of the Secretary of the Interior authorized by this Act, the Secretary of the Interior is directed to comply with the applicable provisions of the Colorado River compact, the Upper Colorado River Basin compact, the Boulder Canyon Project Act, the Boulder Canyon Project Adjustment Act, the Colorado River Storage Project Act (and any contract lawfully entered into by the United States under any of said Acts), the treaty with the United Mexican States, and the operating principles, and to comply with the laws of the State of Colorado relating to the control, appropriation, use, and distribution of water therein. In the event of the failure of the Secretary of the Interior to so comply, any State of the Colorado River Basin may maintain an action in the Supreme Court of the United States to enforce the provisions of this section and consent is given to the joinder of the United States as a party in such suit or suits, as a defendant or otherwise.
Sec. 6. The Secretary of the Interior is directed to continue his studies of the quality of water of the Colorado River system, to appraise its suitability for municipal, domestic, and industrial use and for irrigation in the various areas in the United States in which it is used or proposed to be used, to estimate the effect of additional developments involving its storage and use (whether heretofore authorized or contemplated for authorization) on the remaining water available for use in the United States, to study all possible means of improving the quality of such water and of alleviating the ill effects thereof, and to report the results of his studies and estimates to the Congress on January 3, 1963, and every two years thereafter, the expense of said studies to be no part of the financial obligation of the Fryingpan-Arkansas project.
Sec. 7. There is hereby authorized to be appropriated for construction

Appropriation.

of the Fryingpan-Arkansas project, the sum of $170,000,000 (June 1961 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost, indexes applicable to the types of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for operation and maintenance of the project and for future costs incurred under section 4 of this Act.
Approved August 16, 1962, 9:45 a. m.
Public Law 87–591: To amend chapter 31 of title 38, United States Code, to afford additional time during which certain veterans blinded by reason of a service-connected disability may be afforded vocational rehabilitation training. Public Law 591 Public Law 87–591 76 Stat. 393 1962-08-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–591
AN ACT To amend chapter 31 of title 38, United States Code, to afford additional time during which certain veterans blinded by reason of a service-connected disability may be afforded vocational rehabilitation training.

August 16, 1962

[S. 2869]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That chapter 31 of

Blinded veterans.

Vocational rehabilitation.

72 stat. 1171.

38 USC 1501–1510.

title 38, United States Code, is amended by adding after section 1502 the following new section:
“§ 1502A. Blinded veterans “A veteran who is found to be in need of vocational rehabilitation to overcome the handicap of blindness resulting from a service-connected disability which affords basic eligibility for vocational rehabilitation under section 1502(a) of this title may be afforded such vocational rehabilitation after the termination date otherwise applicable to him, but not beyond June 30, 1975, if— 76 Stat. 394 “(1) he had not previously been rehabilitated (that is, rendered employable) as the result of training furnished under this chapter, or “(2) his blindness either has worsened, or has developed as a result of the worsening of his service-connected disability, since he was declared rehabilitated to the extent that it precludes his performing the duties of the occupation for which he was previously trained under this chapter.”
Sec. 2. The table of sections at the head of chapter 31 of title 38, United States Code, is amended by adding immediately below item 1502 thereof the following: “1502A.
Approved August 16, 1962.
Public Law 87–592: To authorize the Securities and Exchange Commission to delegate certain functions. Public Law 592 Public Law 87–592 76 Stat. 394 1962-08-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–592
AN ACT To authorize the Securities and Exchange Commission to delegate certain functions.

August 20, 1962

[S. 2135]

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

Securities and Exchange Commission.

Delegation of functions.
That (a) in addition to its existing authority, the Securities and Exchange Commission, hereinafter referred to as the “Commission”, shall have the authority to delegate, by published order or rule, any of its functions to a division of the Commission, an individual Commissioner, a hearing examiner, or an employee or employee board, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter: Provided, however, That nothing herein contained shall be deemed to supersede the provisions of section 7(a) of the Administrative Procedure Act of 1946 (60

5 USC 1006.

Stat. 241), as amended: And provided further, That nothing herein contained shall be deemed to authorize the delegation of the function of rulemaking as defined in the Administrative Procedure Act of 1946,

60 stat. 237.

5 USC 1001 note.

as amended, with reference to general rules as distinguished from rules of particular applicability, or of the making of any rule, regulation, or order pursuant to section 19(b) of the Securities Exchange Act of 1934. (b)

48 stat. 898.

15 USC 78s.

Right of review.

With respect to the delegation of any of its functions, as provided in subsection (a) of this section, the Commission shall retain a discretionary right to review the action of any such division of the Commission, individual Commissioner, hearing examiner, employee, or employee board, upon its own initiative or upon petition of a party to or an intervenor in such action, within such time and in such manner as the Commission shall by rule prescribe: Provided, however, That the vote of one member of the Commission shall be sufficient to bring any such action before the Commission for review: And provided further, That in the event action at a delegated level (1) denies

54 stat. 857; 48 stat. 79.

15 USC 77h.

48 stat. 892.

15 USC 78l.

15 USC 78o.

any request for action pursuant to section 8(a) or section 8(c) of the Securities Act of 1933 or the first sentence of section 12(d) of the Securities Exchange Act of 1934; (2) suspends, denies, or revokes a broker-dealer registration pursuant to section 15(b) of the Securities Exchange Act of 1934; (3) suspends, denies, or withdraws any registration or suspends or expels a member of a national securities

15 USC 78s.

exchange pursuant to section 19(a) of the Securities Exchange Act of 1934; or (4) suspends trading on an exchange pursuant to section 19(a) of the Securities Exchange Act of 1934, a person or party adversely affected by such action shall be entitled to review by the Commission. 76 Stat. 395 (c) Should the right to exercise such review be declined, or should no such review be sought within the time stated in the rules promulgated by the Commission, then the action of any such division of the Commission, individual Commissioner, hearing examiner, employee, or employee board, shall, for all purposes, including appeal or review thereof, be deemed the action of the Commission.
Sec. 2. In addition to the functions transferred by the provisions of Reorganization Plan Numbered 10 of 1950 ( 64 Stat. 1265), there are

5 USC 133z–15.

hereby transferred from the Commission to the Chairman of the Commission the functions of the Commission with respect to the assignment of Commission personnel, including Commissioners, to perform such functions as may have been delegated by the Commission to Commission personnel, including Commissioners, pursuant to section 1.
Approved August 20, 1962.
Public Law 87–593: To amend the Act of August 7, 1946, relating to the District of Columbia hospital center, to extend the time during which appropriations may be made for the purposes of that Act. Public Law 593 Public Law 87–593 76 Stat. 395 1962-08-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–593
AN ACT To amend the Act of August 7, 1946, relating to the District of Columbia hospital center, to extend the time during which appropriations may be made for the purposes of that Act.

August 20, 1962

[H. R. 12547]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 6 of

D.C.

Hospital facilities.

Ante, p. 124.

the Act entitled “An Act to provide for the establishment of a modern, adequate, and efficient hospital center in the District of Columbia, to authorize the making of grants for hospital facilities to private agencies in the District of Columbia, to provide a basis for repayment to the Government by the Commissioners of the District of Columbia, and for other purposes’, approved August 7, 1946 ( 60 Stat. 896), as amended, is amended by striking out “on the last day of the second session of the Eighty-seventh Congress” and inserting in lieu thereof “June 30, 1963.”
Approved August 20, 1962.
Public Law 87–594: To authorize the Secretary of the Interior to construct, operate, and maintain the Arbuckle reclamation project, Oklahoma, and for other purposes. Public Law 594 Public Law 87–594 76 Stat. 395 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–594
AN ACT To authorize the Secretary of the Interior to construct, operate, and maintain the Arbuckle reclamation project, Oklahoma, and for other purposes.

August 24, 1962

[H. R. 12547]

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

Interior Department.

Arbuckle reclamation project. Okla.

Construction authorization.

43 USC 371 note.

of the Interior is authorized to construct, operate, and maintain the Arbuckle Federal reclamation project, Oklahoma, in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), for the principal purposes of storing, regulating, and furnishing water for municipal, domestic, and industrial use, and for controlling floods and for the conservation and development of fish and wildlife, and the enhancement of recreational opportunities. The project shall consist of the following principal works: A reservoir on Rock Creek near Sulphur, Oklahoma, pumping plants, pipelines, and other conduits for furnishing water for municipal, domestic, and industrial use, and minimum basic recreational facilities.
Sec. 2. In constructing, operating, and maintaining the Arbuckle

Allocation of costs.

project, the Secretary shall allocate the costs thereof among different76 Stat. 396functions resulting from multiple-purpose development under the following conditions: (a) Allocations to flood control, recreation, and the conservation and development of fish and wildlife shall be nonreimbursable and non-returnable under the reclamation laws; (b) Allocations to municipal water supply, including domestic, manufacturing, and industrial uses, shall be repayable to the United States by the water users through contracts with municipal corporations, or other organizations as defined by section 2, Reclamation Project Act of

43 USC 485a.

1939 (53 Stat. 1187) under the provisions of the Federal reclamation laws, and to the extent appropriate, under the Water Supply Act of

43 USC 390b note.

1958 (72 Stat. 319), as amended. Such contracts shall be precedent to the commencement of construction of any project unit affecting the individual municipality or industrial users, and shall provide for repayment of construction costs allocated to municipal water supply in not to exceed fifty years from the date water is first delivered for that purpose: Provided, That the water users’ organization be responsible for the disposal and sale of all water surplus to its requirements, and that the revenues therefrom shall be used by the organization for the retirement of project debt payment, payment of interest, and payment of operation and maintenance cost. The interest rate used for purposes of computing interest during construction and interest on the unpaid balance shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue; (c) Upon the completion of the payment of the water users’ construction cost obligation, together with the interest thereon, the water users, their designee or designees, shall (1) have a permanent right to the use of that portion of the project allocable to municipal water supply purposes, so long as the space designated for those purposes may be physically available, taking into account such equitable reallocation of reservoir storage capacities among the purposes served by the project as may be necessary due to sedimentation, subject, if the project is then operated by the United States, to payment of a reasonable annual charge to the Secretary of the Interior sufficient to pay all operation and maintenance charges and a fair share of the administrative costs applicable to the project; (2) be conveyed title to such portions of the pipelines and related facilities as are used solely for delivering project water to the water users.
Sec. 3. Contracts may be entered into with the water users’ organization pursuant to the provisions of this Act without regard to the last sentence of subsection (c) of section 9 of the Reclamation Project Act of 1939.
Sec. 4.

53 stat. 1193.

43 USC 485h.

Transfer of operation.

The Secretary is authorized to transfer to a water users’ organization the care, operation, and maintenance of the works herein authorized and, if such transfer is made, may deduct from the obligation of the water users the reasonable capitalized equivalent of that portion of the estimated operation and maintenance cost of the under, taking which, if the United States continues to operate the project, would be allocated to flood control and fish and wildlife purposes. Prior to taking over the care, operation, and maintenance of said works, the water users’ organization shall obligate itself to operate them in accordance with criteria specified by the Secretary of the Army with respect to flood control and the Secretary of the Interior with respect to fish and wildlife and recreation.
76 Stat. 397
Sec. 5. Construction of the Arbuckle project herein authorized may

Stages of construction.

be undertaken in such units or stages as in the opinion of the Secretary best serve the project requirements and the relative needs for water. Repayment contracts negotiated in connection with each unit or stage of construction shall be subject to the terms and conditions of section 2 of this Act.
Sec. 6. The Secretary may (1) contract for the construction of any

Recreational facilities.

part of the minimum basic recreational facilities with any qualified agency of the State of Oklahoma or a political subdivision thereof, and (2) upon conclusion of a suitable agreement with any such agency or political subdivision for assumption of the administration, operation, and maintenance thereof at the earliest practicable date, construct or permit the construction of public park and recreational facilities on lands owned by the United States adjacent to the reservoir of the Arbuckle project, when such use is determined by the Secretary not to be contrary to the public interest, all under such rules and regulations as the Secretary may prescribe. No recreational use of any area to which this section applies shall be permitted which is inconsistent with the laws of the State of Oklahoma for the protection of fish and game and the protection of the public health, safety, and welfare. The Federal costs of constructing the facilities authorized by this section shall be limited to the nonreimbursable costs of the Arbuckle project for minimum basic recreational facilities as determined by the Secretary. ”
Sec. 7. The Secretary may make such reasonable provision in connection

Fish and wildlife.

with the works of the Arbuckle Federal reclamation project, in accordance with section 2 of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661, and the following), as he

72 Stat. 563.

finds to be required for the conservation and development or fish and wildlife.
Sec. 8. Expenditures for Arbuckle Reservoir, and the water supply aqueduct system, may be made without regard to the soil survey and land classification requirements of the Interior Department Appropriation Act, 1954 (43 U.S.C. 390a).

67 stat. 266.
Sec. 9. There is authorized to be appropriated for construction

Appropriation.

of the Arbuckle reclamation project the sum of $13,340,000 (March 1962 prices), plus or minus such amounts as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the type of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for the operation ana maintenance of the project.
Approved August 24, 1962, 9:30 a. m.
Public Law 87–595: To amend sections 216(c) and 305(b) of the Interstate Commerce Act, relating to the establishment of through routes and joint rates. Public Law 595 Public Law 87–595 76 Stat. 397 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–595
AN ACT To amend sections 216(c) and 305(b) of the Interstate Commerce Act, relating to the establishment of through routes and joint rates.

August 24, 1962

[H. R. 12547]

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

Interstate Commerce Act, amendment.

49 stat. 558.

(c) of section 216 of the Interstate Commerce Act, as amended (49 U.S.C. 316(c)), is amended by adding at the end thereof the following new sentence: “As used in this subsection, the term ‘common carriers by water’ includes water common carriers subject to the Shipping Act, 1916, as amended, or the Intercoastal Shipping Act of 1933, as

40 stat. 903.

46 USC 842.

47 stat. 1427.

46 USC 848.

amended (including persons who hold themselves out to transport goods by water but who do not own or operate vessels) engaged in the 76 Stat. 398transportation of property in interstate or foreign commerce between Alaska or Hawaii on the one hand, and, on the other, the other States of the Union, and through routes and joint rates so established and all classifications, regulations, and practices in connection therewith shall be subject to the provisions of this part.”
Sec. 2.

Through routes, joint rates.

54 stat. 934.

Subsection (b) of section 305 of the Interstate Commerce Act, as amended (49 U.S.C. 905(b)), is amended by inserting between the second and third sentences thereof the following new sentence: “Common carriers by water subject to this part may also establish reasonable through routes and joint rates, charges, and classifications with common carriers by water subject to the Shipping Act, 1916, as amended, or the Intercoastal Shipping Act, 1933, as amended including persons who hold themselves out to transport goods but who do not own or operate vessels) engaged in the transportation of property in interstate or foreign commerce between Alaska or Hawaii on the one hand, and, on the other, the other States of the Union, and such through routes and joint rates, and all classifications, regulations, and practices established in connection therewith shall be subject to the provisions of this part.”
Approved August 24, 1962.
Public Law 87–596: Relating to the appointment of judges to the municipal court for the District of Columbia, the municipal court of appeals for the District of Columbia, and the juvenile court of the District of Columbia. Public Law 596 Public Law 87–596 76 Stat. 398 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–596
AN ACT Relating to the appointment of judges to the municipal court for the District of Columbia, the municipal court of appeals for the District of Columbia, and the juvenile court of the District of Columbia.

August 24, 1962

[S. 3428]

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

D. C. judges.

Appointment.
That (a) the second sentence of the first section of the Act entitled “An Act to consolidate the Police Court of the District of Columbia and the Municipal Court of the District of Columbia, to be known as ‘The Municipal Court for the District of Columbia’, to create ‘The Municipal Court of Appeals for the District of Columbia’, and for other purposes”, approved April 1, 1942 (56 Stat. 190; D.C. Code, sec. 11–752), as amended, is amended to read as follows: “The court shall consist of a chief judge and fifteen associate judges appointed by the President with the advice and consent of the Senate.” (b) The third sentence of section 6 of such Act, as amended (D.C.

56 stat. 194.

Code, sec. 11–771), is amended to read as follows: “The said court shall consist of a chief judge and two associate judges appointed by the President with the advice and consent of the Senate, two of whom shall constitute a quorum.”
Sec. 2. (a) Subsection (a) of section 19 of the Juvenile Court Act of the District of Columbia, approved June 1, 1938 (52 Stat. 601;

Ante, p. 21.

D.C. Code, sec. 11–920), as amended, is amended by striking out “three judges” and inserting in lieu thereof the following: “a chief judge and two associate judges”. (b)

Ante, p. 22.

Subsection (c) of section 19 of such Act is amended by striking out the first sentence thereof.
Sec. 3. Nothing contained in any amendment made by this Act shall be construed as affecting any appointment or designation as a judge or chief judge of the municipal court for the District of Columbia, the municipal court of appeals for the District of Columbia, or the juvenile court of the District of Columbia made prior to the date of enactment of this Act.
Approved August 24, 1962.
Public Law 87–597: To provide for the withdrawal and reservation for the Departments of the Air Force and the Navy of certain public lands of the United States at Luke-Willlams Air Force Range, Yuma, Arizona, for defense purposes. Public Law 597 Public Law 87–597 76 Stat. 399 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 399 Public Law 87–597
AN ACT To provide for the withdrawal and reservation for the Departments of the Air Force and the Navy of certain public lands of the United States at Luke-Willlams Air Force Range, Yuma, Arizona, for defense purposes.

August 24, 1962

[H. R. 3507]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) subject to

Luke-Williams Air Force Range, Yuma, Ariz.

Public lands, withdrawal and reservation.

valid existing rights the public lands, and the minerals therein, within the areas described in section 2 of this Act are hereby withdrawn from all appropriations and other forms of disposition under the public land laws including the mining and mineral leasing laws and disposals of materials under the Act of July 31, 1947, as amended (60 Stat. 681; 30 U.S.C. 601–604) except as provided in subsection (b) of this section,

61 stat. 681; 69 stat. 367.

and reserved (subject to an agreement which has been approved by the Secretary of Defense and the Secretary of the Interior for the joint, use of the lands in area “A” for military and wildlife purposes) for the use of the Department of Defense for a period of ten years with an option to renew the withdrawal and reservation for a period of five years by notice from the Secretary of Defense to the Secretary of the Interior, and subject to the condition that the reservation may be terminated at any time during either of such periods by the Secretary of Defense upon notice to the Secretary of the Interior. However, this Act does not affect Executive Order Numbered 8038 of January 5, 1939 (4 F.R. 437), establishing the Cabeza Prieta Game

3 CFR, Cum. Supp., p. 446.

Range, except to the extent rendered necessary by the national defense. (b) Lands and resources within area “A” withdrawn and reserved by subsection (a) of this section shall be subject to such appropriation and other disposition as the Secretary of the Interior shall determine to be consistent both with the requirements of Executive Order Numbered 8038 of January 5, 1939 (4 F.R. 437), and, with the approval of the Secretary of Defense, with the requirements of the national defense. The Secretary of the Interior may, with the concurrence of the Secretary of Defense, authorize use or disposition of any of the lands or resources within area “B” withdrawn and reserved by subsection (a) of this section. (c) Upon request of the Secretary of the Interior at the time of final

Termination.

Special provisions.

termination of the reservation effected by this Act, the Department of Defense shall make safe for nonmilitary uses the land withdrawn and reserved, or such portions thereof as may be specified by the Secretary of the Interior, by neutralizing unexploded ammunition, bombs, artillery projectiles, or other explosive objects and chemical agents. Thereafter the Secretary of the Interior pursuant to law shall provide for the appropriate use or disposition of all or any part of the land withdrawn and reserved under provisions of this Act. Nothing in this subsection, however, shall be construed to prevent the Secretary of a military department at that time from making application for further withdrawal and reservation of all or part of said lands under laws and regulations then existing.
Sec. 2. The lands withdrawn and reserved by this Act are those that are now or may hereafter become subject to the public land laws within the areas described as follows: Approximately 479,100 acres, more or less, within the Luke-Williams Air Force Range, Pima, Maricopa, and Yuma Counties, Arizona, and more fully described as follows: (1)

Area “A”, located in the southeastern portion of Luke-Williams Air Force Range, Pima County, Arizona, comprised of—

sections 19 to 21, inclusive, and sections 28 to 33, inclusive, township 14 south, range 8 west; sections 4 to 9, inclusive, sections 76 Stat. 40016 to 21, inclusive, sections 28 to 33, inclusive, township 15 south, range 8 west; sections 4 to 9, inclusive, sections 16 to 21, inclusive, sections 28 to 33, inclusive, township 16 south, range 8 west; sections 4, 5, 6, 8, and 9, township 17 south, range 8 west;

sections 16 to 36, inclusive, township 14 south, range 9 west; all in townships 15 south, 16 south, and 17 south, range 9 west: sections 13 to 36, inclusive, township 14 south, range 10 west; all in townships 15 south and 16 south, range 10 west, Gila and Salt River base and meridian, Pima County, Arizona, a total of 132,900 acres, more or less.

 (2)

Area “B”, located in the western and northwestern portions of Luke-Williams Air Force Range, Yuma County, Arizona, comprised of—

all in townships 8 and 9 south, range 12 west; sect ions 1, 2, 3, and 4, lot 1 and the south half of section 5, the southeast quarter of the southeast quarter of section 6, sections 7 to 36, inclusive, township 8 south, range. 13 west;

all in township 9, south, range 13 west; the south half of the southeast quarter of section 11, the south half of the northeast quarter and the south half of section 12, sections 13 and 14, the south half of the northeast quarter and the south half of section 15, the south half of the southwest quarter and the southeast quarter of section 16, sections 19 to 36, inclusive, township 8 south, range 14 west; all in township 9 south, range 14 west;

sections 33 to 36, inclusive, township 8 south, range 15 west; all in township 9 south, range 15 west; sections 1 and 2, in sections 7 to 36, inclusive, township 9 south, range 16 west; sections 12 to 16, inclusive, the south half of section 17, sections 19 to 36, inclusive, township 9 south, range 17 west;

the southeast quarter of section 21, the south half of section 22, sections 23 to 36, inclusive, township 9 south, range 18 west; sections 25 to 36, inclusive, township 9 south, range 19 west; sections 25 to 36, inclusive, township 9 south, range 20 west; sections 4 to 10, inclusive, sections 14 to 23, inclusive, sections 26 to 36, inclusive, township 10 south, range 20 west;

sections 25 to 36, inclusive, township 9 south, range 21 west; all in townships 10 south, 11 south, 12 south, .range 21 west; sections 25 to 28, inclusive, the east half, the east half of the northwest quarter and the southwest quarter of section 29, sections 32 to 36, inclusive, township 9 south, range 22 west; sections 1 to 5, inclusive, the east half of section 6, sections 7 to 36, inclusive, township 10 south, range 22 west; all in townships 11 south, and 12 south, range 22 west, Gila and Salt River base and meridian, Yuma County, Arizona, a total of 346,200 acres, more or less.
Approved August 24, 1962.
Public Law 87–598: To amend the Tariff Act of 1930, as amended. Public Law 598 Public Law 87–598 76 Stat. 400 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–598
AN ACT To amend the Tariff Act of 1930, as amended.

August 24, 1962

[H. R. 3508]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 551

59 stat. 667.

of the Tariff Act of 1930, as amended (19 U.S.C. 1551), is amended by striking out “or any freight forwarder, as defined in section 402 of part IV of the Interstate Commerce Act (U.S.C., 1940 edition, Supp.

56 stat. 284.

III, title 49, sec. 1002(5)),” and inserting in lieu thereof “or any freight forwarder authorized to operate as such by any agency of the United States,”.
Approved August 24, 1962.
Public Law 87–599: To amend part IV of subtitle C of title 10, United States Code, to authorize the Secretary of the Navy to develop the South Barrow gas field, naval petroleum reserve numbered 4, for the purpose of making gas available for sale to the native village of Barrow and to other non-Federal communities and installations, and for other purposes. Public Law 599 Public Law 87–599 76 Stat. 401 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 401 Public Law 87–599
AN ACT To amend part IV of subtitle C of title 10, United States Code, to authorize the Secretary of the Navy to develop the South Barrow gas field, naval petroleum reserve numbered 4, for the purpose of making gas available for sale to the native village of Barrow and to other non-Federal communities and installations, and for other purposes.

August 24, 1962

[S. 2020]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 7422 of

Alaska.

South Barrow gas field, development.

70A Stat. 458.

title 10, United States Code, is amended by adding the following new subsection at the end thereof: “(c) The Secretary of the Navy may under subsection (a) develop the South Barrow gas field, naval petroleum reserve numbered 4, to supply gas to installations of the Department of Defense and other agencies of the United States located at or near Point Barrow, Alaska, the native village of Barrow, and other communities and installations at or near Point Barrow, Alaska.”
Sec. 2. Section 7430(a) of title 10, United States Code, is amended

70A Stat. 460.

to read as follows: “(a) The Secretary of the Navy in administering the naval petroleum reserves under this chapter shall use, store, sell, or exchange for other petroleum or refined products, the oil and gas products, including royalty products, from lands in the naval petroleum reserves, including gas products from lands in the South Barrow gas field of naval petroleum reserve numbered 4, and lands outside petroleum reserve numbered 1 covered by joint, unit, or other cooperative plans, for the benefit of the United States.”
Sec. 3. The Federal agency or agencies in control of any pipeline between gas wells in the South Barrow gas field and the town of Barrow may authorize purchasers of the gas or carriers of the gas to install connections to such pipeline.
Approved August 24, 1962.
Public Law 87–600: To amend section 100 of the Federal Property and Administrative Services Act of 1949, as amended, relative to the General Supply Fund. Public Law 600 Public Law 87–600 76 Stat. 401 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–600
AN ACT To amend section 100 of the Federal Property and Administrative Services Act of 1949, as amended, relative to the General Supply Fund.

August 24, 1962

[H. R. 8100]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 109 of

Federal Property and Administrative Services Art of amendment.

64 stat. 578.

5 USC 630g.

the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, is hereby amended as follows: (a) In subsection (a), by deletion of “to first storage point” from clause (2) in the fourth sentence. (b) In subsection (b), by deletion of the second sentence and by revision of the third sentence to read: “Such prices shall be fixed at levels so as to recover so far as practicable the applicable purchase price, the transportation cost, inventory losses, the cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property, and the cost of amortization and repair of equipment utilized for lease or rent to executive agencies.” (c) By deletion of subsection (d). (d) By deletion of “supplies” wherever it appears and substitution therefor of “personal property”.
Approved August 24, 1962.
Public Law 87–601: To extend benefits of the Policemen and Firemen’s Retirement and Disability Act Amendments of 1957 to widows and surviving children of former members of the Metropolitan Police force, the Fire Department of the District of Columbia, the United States Park Police force, the White House Police force, or the United States Secret Service Division, who were retired or who died in the service of any such organization prior to the effective date of such amendments. Public Law 601 Public Law 87–601 76 Stat. 402 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 402 Public Law 87–601
AN ACT To extend benefits of the Policemen and Firemen’s Retirement and Disability Act Amendments of 1957 to widows and surviving children of former members of the Metropolitan Police force, the Fire Department of the District of Columbia, the United States Park Police force, the White House Police force, or the United States Secret Service Division, who were retired or who died in the service of any such organization prior to the effective date of such amendments.

August 24, 1962

[S. 1918]

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

D. C.

Former policemen, firemen, etc.

Survivors benefits.
That each widow or child who, on or after the effective date of this Act, was receiving or is now receiving or shall hereafter be entitled to receive relief or annuity by reason of service in the Metropolitan Police force, the Fire Department of the District of Columbia, the United States Park Police force, the White House Police force, or the United States Secret Service Division, of a deceased former officer or member who died in the service of any such organization prior to the effective date of the Policemen and Firemen’s Retirement and Disability Act Amendments of 1957,

D. C. Code 4–531 note.

approved August 21, 1957 (71 Stat. 391), or who retired prior to such effective date, shall be entitled to benefits computed in accordance with the provisions of subsection (k) of section 12 of the Act approved September 1, 1916 (39 Stat. 718), as amended (section 4–531, District of Columbia Code, 1951 ed., supp. VIII).
Sec. 2. Nothing in this Act shall be deemed to reduce the relief or retirement compensation any person receives, or is entitled to receive, on the date of the enactment of this Act.
Sec. 3.

Effective date.

The effective date of this Act shall be the first day of the first month following the date of enactment.
Approved August 24, 1962.
Public Law 87–602: To continue for a temporary period the existing suspension of duties on certain classifications of spun silk yarn, and to provide for the free entry of a towing carriage for the use of the Virginia Polytechnic Institute. Public Law 602 Public Law 87–602 76 Stat. 402 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–602
AN ACT To continue for a temporary period the existing suspension of duties on certain classifications of spun silk yarn, and to provide for the free entry of a towing carriage for the use of the Virginia Polytechnic Institute.

August 24, 1962

[S. 1918]

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

Silk yarn.

Duty suspension.
That the Act entitled “An Act to suspend for three years the import duties on certain classifications of spun silk yarn”, approved September 8, 1959 (Public Law

19 USC 1001, par. 1202 note.

86–235; 73 Stat. 470), is amended by striking out “during the three-year period beginning on the sixtieth day after the date of the enactment of this Act” and inserting in lieu thereof “during the period beginning on the 60th day after the date of the enactment of this Act and ending with the close of November 7, 1965”.
Sec. 2.

Towing carriage.

Free entry.

The Secretary of the Treasury is authorized and directed to admit free of duty one towing carriage and appurtenances (whether arriving in one shipment or in separate shipments) imported for the use of the Virginia Polytechnic Institute.
Approved August 24, 1962.
Public Law 87–603: To change the name of the Petersburg National Military Park, to provide for acquisition of acquisition of the Five Forks Battlefield, and for other purposes. Public Law 603 Public Law 87–603 76 Stat. 403 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 403 Public Law 87–603
AN ACT To change the name of the Petersburg National Military Park, to provide for acquisition of acquisition of the Five Forks Battlefield, and for other purposes.

August 24, 1962

[H. R. 10276]

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

Petersburg National Battlefield.

Designation.

National Military Park, established under authority of the Act of July 3, 1926 (44 Stat. 822; 16 U.S.C. 423a, 423b–423h), and enlarged pursuant to the Act of September 7, 1949 (63 Stat. 691; 16 U.S.C. 423a–J, 423a–2), is redesignated the Petersburg National Battlefield.
Sec. 2. The Secretary of the Interior, in furtherance of the purposes of the Acts referred to in section 1 of this Act, may acquire by purchase with donated or appropriated funds, exchange, transfer, or by such other means as he deems to be in the public interest, not to exceed twelve hundred acres of land or interests in land at the site of the Battle of Five Forks for addition to the Petersburg National Battlefield. Lands and interests in lands acquired by the Secretary pursuant

Publication In F. R.

to this section shall, upon publication of a description thereof in the Federal Register, become a part of the Petersburg National Battlefield, and thereafter shall be administered by the Secretary of the Interior in accordance with the provisions of the Act entitled “An Act to establish a National Park Service, and for other purposes,” approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2,3), as amended and supplemented.
Sec. 3. There are hereby authorized to be appropriated such sums,

Appropriation.

but not more than $90,000, as are necessary to acquire land pursuant to section 2 of this Act.
Approved August 24, 1962.
Public Law 87–604: To amend paragraph 1774 of the Tariff Act of 1830 with respect to the importation of certain articles for religious purposes. Public Law 604 Public Law 87–604 76 Stat. 403 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–604
AN ACT To amend paragraph 1774 of the Tariff Act of 1830 with respect to the importation of certain articles for religious purposes.

August 24, 1962

[H. R. 4449]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That paragraph 1774

Religious articles.

Free importation.

70 stat. 1067.

of the Tariff Act of 1930, as amended (19 U.S.C. 1201, par. 1774), is amended to read as follows: “Par. 1774. Altars, pulpits, communion tables, baptismal fonts, shrines, mosaics, iconostases, or parts, appurtenances, or adjuncts of any of the foregoing, whether to be physically joined thereto or not, and statuary (except granite or marble cemetery headstones, granite or marble grave markers, and granite or marble feature memorials, and excepting casts of plaster of Paris, or of compositions of paper or papier maché), imported in good faith for the use of, either by order of, or for presentation (without charge) to, any corporation or association organized and operated for religious purposes, including cemeteries, schools, hospitals, orphanages, and similar nonprofit activities staffed and controlled by such corporation or association.”
76 Stat. 404
Sec. 2. The amendment made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the thirtieth day after the enactment of this Act.
Sec. 3.

Christ Episcopal Church.

Cincinnati, Ohio.

 (a) The Secretary of the Treasury is hereby directed to admit free of duty any silver cross made in England and donated to the Christ Episcopal Church, of Cincinnati, Ohio, which may have been imported before the date of enactment of this Act. (b) If the liquidation of the entry, or withdrawal from warehouse, for consumption of any article subject to the provisions of subsection (a) has become final, such entry or withdrawal may be reliquidated and the appropriate refund of duty may be made.
Approved August 24, 1962.
Public Law 87–605: Authorizing the State of Arizona to place in the Statuary Hall collection at the United States Capitol the statue of Eusebio Francisco Kino. Public Law 605 Public Law 87–605 76 Stat. 404 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–605
JOINT RESOLUTION Authorizing the State of Arizona to place in the Statuary Hall collection at the United States Capitol the statue of Eusebio Francisco Kino.

August 24, 1962

[H. J. Res. 439]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

U. S. Capitol, Statuary Hall.

Statue of Eusebio Francisco Kino.
That the State of Arizona is hereby authorized and granted the privilege of placing in the Statuary Hall collection at the United States Capitol the statue of Eusebio Francisco Kino, pioneer missionary, explorer, and cartographer, the statue to be received as one of two statues furnished and provided by said State in accordance with the Act of July 2, 1864 (section 1814

40 USC 187.

of the Revised Statutes of the United States).
Approved August 24, 1962.
Public Law 87–606: To transfer casein or lactarene to the free list of the Tariff Act of 1930. Public Law 606 Public Law 87–606 76 Stat. 404 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–606
AN ACT To transfer casein or lactarene to the free list of the Tariff Act of 1930.

August 24, 1962

[H. R. 10928]

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

Casein or lactarene.

Free importation.
That paragraph 19, section 1, of the Tariff Act of 1930 (19 U.S.C. sec. 1001, par. 19), is amended by striking out “Casein or lactarene and mixtures” and substituting therefor “Mixtures”.
Sec. 2.

46 stat. 672; 75 Stat. 224; Ante, p. 72.

Section 201 of the Tariff Act of 1930 (19 U.S.C. 1201) is amended by adding thereto the following new paragraph: “Par. 1828. Casein or lactarene.”
Sec. 3.

Effective date.

The amendments made by this Act shall become effective with respect to articles covered thereby which are entered, or withdrawn from warehouse, for consumption on or after July 1, 1963.
Approved August 24, 1962.
Public Law 87–607: To continue for two years the existing suspension of duties on certain lathes used for shoe last roughing or for shoe last finishing. Public Law 607 Public Law 87–607 76 Stat. 405 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 405 Public Law 87–607
AN ACT To continue for two years the existing suspension of duties on certain lathes used for shoe last roughing or for shoe last finishing.

August 24, 1962

[H. R. 4449]

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

Shoe lathee.

Duty suspension, extension.

74 stat. 289.

19 USC 1201, par. 1643 note.

of section 2 of Public Law 1012, Eighty-fourth Congress (70 Stat. 1076), approved August 6, 1956 (relating to suspension of duties on certain lathes used for shoe last roughing or for shoe last finishing), as amended, is amended by striking out “August 7, 1962” and inserting in lieu thereof “August 7, 1964”.
Approved August 24, 1962.
Public Law 87–608: To provide for the maintenance and repair of Government improvements under concession contracts entered into pursuant to the Act of August 25, 1916 (31) Stat. .535), as amended, and for other purposes. Public Law 608 Public Law 87–608 76 Stat. 405 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–608
AN ACT To provide for the maintenance and repair of Government improvements under concession contracts entered into pursuant to the Act of August 25, 1916 (31) Stat. .535), as amended, and for other purposes.

August 24, 1962

[H. R. 11405]

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

National parks.

Concession contracts.

leases, and permits granted by the Secretary of the Interior for the use of land for the accommodation of park visitors, pursuant to section 3 of the Act of August 25, 1916 (39 Stat. 535), as amended, may

16 USC 3.

provide for the maintenance and repair of Government improvements y the grantee notwithstanding the provisions of section 321 of the Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 303b), or any other provision of law.
Approved August 24, 1962.
Public Law 87–609: To amend the law relating to the final disposition of the property of the Choctaw Tribe. Public Law 609 Public Law 87–609 76 Stat. 405 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–609
AN ACT To amend the law relating to the final disposition of the property of the Choctaw Tribe.

August 24, 1962

[H. R. 12355]

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

Indians.

Choctaw Tribe.

Property disposition.

25 USC 355 note.

August 25, 1959 (73 Stat. 420), is amended as follows: The words “threeyears”, which appear twice in section 1 (a), once in section 1(d), once in section 11, once in section 12(a), and once in section 12(b), are changed to “six years”.
Sec. 2. Section 12(c) of such Act is amended by changing the period to a comma and adding “and for a period of three years after such legal entity is organized it shall have the same immunity from the defense of laches or a statute of limitations that the Choctaw Tribe had prior to such time.”
Approved August 24, 1962.
Public Law 87–610: To amend chapter 11 of title 38, United States Code, to authorize special consideration for certain disabled veterans suffering blindness or bilateral kidney involvement. Public Law 610 Public Law 87–610 76 Stat. 406 1962-08-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 406 Public Law 87–610
AN ACT To amend chapter 11 of title 38, United States Code, to authorize special consideration for certain disabled veterans suffering blindness or bilateral kidney involvement.

August 28, 1962

[H. R. 3728]

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

Disabled veterans.

72 stat. 1124; 74 stat. 195.

38 USC 351–359.
That subchapter VI of chapter 11 or title 38, United States Code, is amended by adding at the end thereof the following new section:
“§ 360. Special consideration for certain cases of blindness or bilateral kidney involvement “Where any veteran has suffered (1) blindness in one eye as a result of service-connected disability and has suffered blindness in the other eye as a result of non-service-connected disability not the result of his own willful misconduct, or (2) has suffered the loss or loss of use of one kidney as a result of service-connected disability, and has suffered severe involvement of the other kidney such as to cause total disability, as a result of non-service-connected disability not the result of his own willful misconduct, the Administrator shall assign and pay to the veteran concerned the applicable rate of compensation under this chapter as if his blindness in both eyes or such bilateral kidney involvement were the result of service-connected disability.”
Sec. 2. The analysis of chapter 11 of title 38, United States Code, is amended by adding at the end thereof the following: “360.
Approved August 28, 1962.
Public Law 87–611: To amend chapter 11 of title 38, United States Code, to authorize special consideration for certain disabled veterans suffering blindness or bilateral kidney involvement. Public Law 611 Public Law 87–611 76 Stat. 406 1962-08-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–611
AN ACT To amend chapter 11 of title 38, United States Code, to authorize special consideration for certain disabled veterans suffering blindness or bilateral kidney involvement.

August 28, 1962

[H. R. 8564]

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

Federal Employees’ Group Life Insurance Act of 1954, amendment.

68 stat. 738.
That section 4 of the Federal Employees’ Group Life Insurance Act of 1954, as amended (5 U.S.C. 2093), is amended by adding at the end thereof the following new paragraph:

Insurance amounts, escheat.

“If, within two years after the death of the employee, no claim for payment has been filed by any person entitled under the order of precedence set forth in this section, and neither the Commission nor the Administrative office established by the insurance company or

5 USC 2096.

companies pursuant to subsection (b) of section 7 of this Act ha? received any notice that any such claim will be made, payment may be made to a claimant as may in the judgment of the Commission be equitably entitled thereto, and such payment shall be a bar to recovery by any other person. If, within four years after the death of the employee, payment has not been made pursuant to this section and no claim for payment by any person entitled under this section is pending, the amount payable shall escheat to the credit of the fund

69 stat. 676.

created pursuant to subsection (c) of section 5 of this Act.”
Sec. 2.

Effective date.

The amendment made by the first section of this Act shall take effect as of August 29, 1954.
Approved August 28, 1962.
Public Law 87–612: Authorizing and requesting the President to designate April 21, 1963, as a day . for observance of the courage displayed by the uprising in the Warsaw ghetto against the Nazis. Public Law 612 Public Law 87–612 76 Stat. 407 1962-08-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 407 Public Law 87–612
JOINT RESOLUTION Authorizing and requesting the President to designate April 21, 1963, as a day . for observance of the courage displayed by the uprising in the Warsaw ghetto against the Nazis.

August 28, 1962

[H. J. Res. 179]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

That the twenty-first day of

Warsaw ghetto day.

April 1963 is hereby marked in recognition of the astounding courage displayed by the uprising in the Warsaw ghetto against the Nazis. Through such uprising, the men, women, and children who met death on that tragic day and those who perished in concentration camps and in the gas chambers, symbolize the indestructible spirit of liberty which throughout history has ultimately triumphed against the forces of tyranny.

The President is authorized and requested to issue a proclamation

Proclamation authorization.

inviting people of the United States to observe such day with appropriate ceremonies and activities.
Approved August 28, 1962.
Public Law 87–613: To amend section 9(d)(1) of the Reclamation Project Act of 1939 (53 Stat. 1187; 43 U.S.C. 485), to make additional provision for irrigation blocks, and for other purposes. Public Law 613 Public Law 87–613 76 Stat. 407 1962-08-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–613
AN ACT To amend section 9(d)(1) of the Reclamation Project Act of 1939 (53 Stat. 1187; 43 U.S.C. 485), to make additional provision for irrigation blocks, and for other purposes.

August 28, 1962

[S. 2179]

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

Reclamation Project Act of 1939, amendment.

execution of a contract pursuant to the authority of section 9(d)(1) of the Reclamation Project Act of 1939 (53 Stat. 1187; 43 U.S.C. 485), and prior to the commencement of the development period provided

53 stat. 1193.

43 USC 485h.

thereunder, the Secretary of the Interior is hereby authorized to amend such contract to provide for irrigation blocks, or if such are already provided, to add to or modify such irrigation blocks, as he shall deem desirable to carry out the purposes of that Act.
Sec. 2. Section 9(d)(1) is amended by deleting the period at the

Development period, extension.

end of the first sentence of said section and by adding the following: “: Provided further, That when the Secretary, by contract or by notice given thereunder, shall have fixed a development period of less than ten years, and at any time thereafter but before commencement of the repayment period conditions arise which in the judgment of the Secretary would have justified the fixing of a longer period, he may amend such contract or notice to extend such development period to a date not to exceed ten years from its commencement, and in a case where no development period was provided, he may amend such contract within the same limits: Provided further, That when the Secretary shall have deferred the payment of all or any part of any installments of construction charges under any repayment contract pursuant, to the authority of the Act of September 21, 1959 (73 Stat. 584), he may, at any time prior to the due date prescribed for the first

43 USC 485b–1.

installment not reduced by such deferment, and by agreement with the contracting organization, terminate the supplemental contract by which such deferment was effected, credit the construction payments made, and exercise the authority granted in this section.”
76 Stat. 408
Sec. 3. In any repayment contract which provides for payment of construction charges by single annual installments, the Secretary may by agreement with the contracting organization amend such contract to provide for the payment of such annual installments in two parts on such dates in the calendar year as may best enable the contracting organization to meet its payments.
Approved August 28, 1962.
Public Law 87–614: To authorize the employment without compensation from the Government of readers for blind Government employees, and for other purposes. Public Law 614 Public Law 87–614 76 Stat. 408 1962-08-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–614
AN ACT To authorize the employment without compensation from the Government of readers for blind Government employees, and for other purposes.

August 29, 1962

[H. R. 11523]

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

Blind Government employees.

Readers.
That (a) the head of each department is authorized, in his discretion, to employ, without regard to the civil service laws and the Classification Act of 1949,

63 stat. 954.

5 USC 1071 note.

as amended, a reading assistant or assistants for any blind employee of such department, to serve without compensation from such department. (b) Each such reading assistant may be paid and receive compensation for his services as reading assistant by and from such blind employee or any nonprofit organization, without regard to section

Conflict of interest.

62 stat. 793.

Definitions.

1914 of title 18, United States Code. (c) For the purposes of this Act, the term— (1) “department” means— (A) each executive department of the Federal Government; (B) each agency or independent establishment in the executive branch or such Government; (C) each corporation wholly owned or controlled by such Government; (D) the General Accounting Office; (E) the Library of Congress; and (F) the municipal government of the District of Columbia; (2) “head of each department”, with respect to the municipal government of the District of Columbia, means the Board of Commissioners of the District of Columbia; (3) “blind employee” means an employee of a department who establishes, to the satisfaction of the appropriate authority of the department concerned and in accordance with regulations of the head of such department, that he has an impairment of sight, either permanent or temporary, which is so severe or disabling that the employment of a reading assistant or assistants for such employee is necessary or desirable to enable such employee properly to perform his work; and (4) “nonprofit organization” means an organization determined by the Secretary of the Treasury to be an organization described

68A Stat. 163.

in section 501 (c) of the Internal Revenue Code of 1954 which is exempt from taxation under section 501(a) of such Code. (d) This Act shall not be held or considered to prevent or limit in any way the assignment to a blind employee by a department of clerical or secretarial assistance, at the expense of such department and in accordance with laws and regulations currently applicable at the time, if such assistance normally is provided, or authorized to be provided, in such manner in accordance with currently applicable laws and regulations.
Approved August 29, 1962.
Public Law 87–615: To amend the Atomic Energy Act of 1954, as amended, and for other purposes. Public Law 615 Public Law 87–615 76 Stat. 409 1962-08-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 409 Public Law 87–615
AN ACT To amend the Atomic Energy Act of 1954, as amended, and for other purposes.

August 29, 1962

[S. 3491]

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

Atomic Energy Act of 1954, amendment.

68 Stat. 919.

42 USC 2011 note.

Energy Act of 1954 is amended by adding thereto the following new section:
“Sec. 191. Atomic Safety and Licensing Board.— “a. Notwithstanding the provisions of sections 7(a) and 8(a) of the Administrative Procedure Act, the Commission is authorized to establish one or more atomic safety and licensing boards, each composed

60 Stat. 241.

5 USC 1006, 1007.

of three members, two of whom shall be technically qualified and one of whom shall be qualified in the conduct of administrative proceedings, to conduct such hearings as the Commission may direct and make such intermediate or final decisions as the Commission may authorize with respect to the granting, suspending, revoking or amending of any license or authorization under the provisions of this Act, any other provision of law, or any regulation of the Commission issued thereunder. The Commission may delegate to a board such other regulatory functions as the Commission deems appropriate. The Commission may appoint a panel of qualified persons from which board members may be selected. “b. Board members may be appointed by the Commission from private life, or designated from the staff of the Commission or other Federal agency. Board members appointed from private life shall receive a per diem compensation for each day spent in meetings or conferences, and all members shall receive their necessary traveling or other expenses while engaged in the work of a board. The provisions of section 163 shall be applicable to board members appointed from private

68 Stat. 951.

42 USC 2203.

life.”
Sec. 2. The second sentence of subsection 189a. of the Atomic Energy Act of 1954, as amended, is deleted and the following is inserted in

68 Stat. 955.

42 USC 2239.

lieu thereof: “The Commission shall hold a hearing after thirty days’ notice and publication once in the Federal Register, on each application under section 103 or 104b. for a construction permit for a facility, and on any application

Publication in F. R.

under section 104c. for a construction permit for a testing facility. In cases where such a construction permit has

68 Stat. 936. 937.

42 USC 2133, 2134.

been issued following the holding of such a hearing, the Commission may, in the absence of a request therefor by any person whose interest may be affected, issue an operating license or an amendment to a construction permit or an amendment to an operating license without a hearing, but upon thirty days’ notice and publication once in the Federal Register of its intent to do so. The Commission may dispense with such thirty days’ notice and publication with respect to any application for an amendment to a construction permit or an amendment to an operating license upon a determination by the Commission that the amendment involves no significant hazards consideration.”
Sec. 3. Subsection 182b. or the Atomic Energy Act of 1954 is

71 Stat. 579.

42 USC 2232.

amended to read as follows: “b. The Advisory Committee on Reactor Safeguards shall review each application under section 103 or section 104b. for a construction permit or an operating license for a facility, any application under section 104c. for a construction permit or an operating license for a testing facility, any application under section 104 a. or c. specifically referred to it by the Commission, and any application for an amendment to a construction permit or an amendment to an operating license under section 103 or 104 a., b., or c. specifically referred to it 76 Stat. 410

Report.

by the Commission, and shall submit a report thereon which shall be made part of the record of the application and available to the public except to the extent that security classification prevents disclosure.”
Sec. 4.

68 Stat. 923.

42 USC 2014.

 Subsection 11o. of the Atomic Energy Act of 1954 is amended to read as follows: “o.

“Nuclear incident.”

 The term ‘nuclear incident’ means any occurrence within the United States causing, within or outside the United States, bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material: Provided, however, That as the term is used in subsection 1701., it shall include any such occurrence outside of the United States: And provided further, That as the term is used in section 170d., it shall include any such occurrence outside the United

42 USC 2210.

States if such occurrence involves a facility or device owned by, and used by or under contract with, the United States.”
Sec. 5.

71 Stat. 576.

42 USC 2014.

 Subsection 11r. of the Atomic Energy Act of 1954 is amended to read as follows: “r.

“Person indemnified.”

 The term ‘person indemnified’ means (1) with respect to a nuclear incident occurring within the United States and with respect to any nuclear incident in connection with the design, development, construction, operation, repair, maintenance, or use or the nuclear ship Savannah, the person with whom an indemnity agreement is executed and any other person who may be liable for public liability; or (2) with respect to any other nuclear incident occurring outside the United States, the person with whom an indemnity agreement is executed and any other person who may be liable for public liability by reason of his activities under any contract with the Commission or any project to which indemnification under the provisions of section 170d. has been extended or under any subcontract, purchase order or other agreement, of any tier, under any such contract or project.”
Sec. 6.

71 Stat. 577.

42 USC 2210.

 Subsection 170d. of the Atomic Energy Act of 1954 is amended by adding before the period at the end of the second sentence thereof the following proviso: Provided, That in the case of nuclear incidents occurring outside the United States, the amount of the indemnity provided by the Commission shall not exceed $100,000,000.”
Sec. 7.

42 USC 2210.

 Subsection 170e. of the Atomic Energy Act of 1954 is amended to read as follows: “e.

Aggregate liability.

 The aggregate liability for a single nuclear incident of persons indemnified, including the reasonable costs of investigating and settling claims and defending suits for damage, shall not exceed the sum of $500,000,000 together with the amount of financial protection required of the licensee or contractor: Provided, however, That with respect to any nuclear incident occurring outside of the United States to which an agreement of indemnification entered into under the provisions of subsection 170d. is applicable, such aggregate liability shall not exceed the amount of $100,000,000 together with the amount of financial protection required of the contractor. The Commission or any person indemnified may apply to the appropriate district court of the United States having venue in bankruptcy matters over the location of the nuclear incident, except that in the case of nuclear incidents occurring outside the United States, the Commission or any person indemnified may apply to the United States District Court for the District of Columbia, and upon a showing that the public liability from a single nuclear incident will probably exceed the limit of liability imposed by this section, shall be entitled to such orders as may be appropriate for enforcement of the provisions of this section, 76 Stat. 411including an order limiting the liability of the persons indemnified, orders staying the payment of claims and the execution of court judgments, orders apportioning the payments to be made to claimants, orders permitting partial payments to be made before final determination of the total claims, and an order setting aside a part of the funds available for possible latent injuries not discovered until a later time.”
Sec. 8. Section 261 of the Atomic Energy Act of 1954 is amended

71 Stat. 274.

42 USC 2017.

by adding thereto the following new subsections: “c. Funds are hereby authorized to be appropriated for advance

Appropriation.

planning, construction design, and architectural services in connection with any plant or facility not otherwise authorized, and for the restoration or replacement of any plant or facility destroyed or otherwise seriously damaged, and the Commission is authorized to use available funds for such purposes. “d. Funds hereafter authorized to be appropriated for any project to be used in connection with the development or production of special nuclear material or atomic weapons may be used to start another project not otherwise authorized if the substituted project is within the limit of cost of the project for which substitution is to be made, and the Commission certifies that— “(1) the substituted project is essential to the common defense and security; “(2) the substituted project is required by changes in weapon characteristics or weapon logistic operations; and “(3) the Commission is unable to enter into a contract with any person on terms satisfactory to it to furnish from a privately owned plant or facility the product or services to be provided by the new project.”
Sec. 9. Section 109 of the Atomic Enery Act of 1954 is amended by striking out the words “11p.(2) or 11v.(2)” and substituting therefor the words “11t.(2) or 11aa.(2)”.
Sec. 10. Subsection 145f. of the Atomic Energy Act of 1954 is amended

68 Stat. 939.

42 USC 2139.

by striking out the comma after the word “investigation”.
Sec. 11. Section 152 of the Atomic Energy Act of 1954 is

75 Stat. 476.

42 USC 2165.

amended by striking out the word “allowances” in the first paragraph thereof and substituting therefor the word “allowance”.
Sec. 12. Subsection 161n. of the Atomic Energy Act of 1954 is

72 Stat. 337.

42 USC 2201.

amended by striking out the words “145e.” and substituting therefor the words “145f.”.
Approved August 29, 1962.
Public Law 87–616: To authorize the payment of the balance of awards for war damage compensation made by the Philippine War Damage Commission under the terms of the Philippine Rehabilitation Act of April 30, 1946, and to authorize the appropriation of J73,000,000 for that purpose. Public Law 616 Public Law 87–616 76 Stat. 411 1962-08-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–616
AN ACT To authorize the payment of the balance of awards for war damage compensation made by the Philippine War Damage Commission under the terms of the Philippine Rehabilitation Act of April 30, 1946, and to authorize the appropriation of J73,000,000 for that purpose.

August 30, 1962

[H. R. 11721]

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

Foreign Claims Settlement Commission.

Payment of balance of awards to Philippines.

 Claims Settlement Commission (hereafter in this Act referred to as the “Commission”) shall provide, out of funds appropriated pursuant to this Act, for the payment of the unpaid balance of awards heretofore made by the Philippine War Damage Commission under title I of the Philippine Rehabilitation Act of 1946. No payment shall be

60 Stat. 128.

50 USC app. 1751 note.

made under this Act to any person, or to his successors in interest, on account of any award unless payment was made on such award under the Philippine Rehabilitation Act of 1946, and the maximum amount paid under this Act, when added to amounts paid under the Philippine 76 Stat. 412Rehabilitation Act of 1946 and section 7 of the War Claims Act of

62 Stat. 1245; 66 Stat. 48; 70 Stat. 1063.

50 USC app. 2006.

1948 on account of any claim shall not exceed the aggregate amount of claims approved in favor of such claimant after reduction under the last proviso of section 102(a) of the Philippine Rehabilitation Act of 1946. All payments under this Act in amounts over 25,000 pesos or equivalent value in dollars shall be subject to the provisions or section 104(c) of the Philippine Rehabilitation Act of 1946.
Sec. 2. Within sixty days after the enactment of this Act, or of legislation appropriating for administration expenses incurred in carrying out this Act, whichever is later, the Commission shall prescribe and publish in the Federal Register and give appropriate publicity in the

Publication in F. R.

Republic of the Philippines concerning the period, not in excess of twelve additional months, within which application must be filed under this Act. The Commission shall complete its determination and take final action with respect to applications filed under this Act not later than one year after the last date on which applications may be filed.
Sec. 3. The Commission shall give maximum publicity in the Republic of the Philippines to the provisions of this Act, and through utilization of the records of the former Philippine War Damage Commission shall attempt to notify individual claimants of their right to file applications for payment under this Act, by mailing notice thereof to the last known address of such claimants as shown by such records.
Sec. 4. The Commission shall notify all applicants of the approval or denial of their applications and, if approved, shall notify such applicants of the amount for which such applications are approved. Any applicant whose application is denied, or is approved for less than the amount of such application, shall be entitled, under such regulations as the Commission may prescribe, to a hearing before the Commission or its representative with respect to such application. Upon such hearing, the Commission may affirm, modify, or reverse its former action with respect to such application, including a denial or reduction in the amount of award theretofore approved. All findings of the Commission concerning the persons to whom compensation pursuant to this Act is payable, and the amounts thereof, shall be conclusive and not be reviewable by any court.
Sec. 5. (a) Each award made under this Act shall be certified to the Secretary of the Treasury in terms of United States currency on the basis of the rate of exchange (that is, P/2 equals $1) which was applied in the Philippine Rehabilitation Act of 1946, for payment out or sums appropriated pursuant to section 8 of this Act. Such payments shall be made in accordance with such regulations as the Secretary of the Treasury may prescribe. Payments authorized under this Act shall be made in United States dollars or in Philippine pesos at the option of the Secretary of the Treasury; however, notwithstanding the last sentence of the first section of this Act, payment shall not be made outside of the Republic of the Philippines to any claimant residing outside the Republic of the Philippines unless he establishes to the satisfaction of the Commission that since the date of the loss or damage on account of which the original award was made he has heretofore invested in such manner as furthered the rehabilitation or economic development of the Philippines an amount not less than the claims approved in his favor after reduction under the last proviso

60 Stat. 129.

50 USC app. 1751 note.

of section 102(a) of the Philippine Rehabilitation Act of 1946. After all approved claims have been paid.up to the maximum permitted, the balance of the appropriation shall revert to the United States Treasury. Payment shall not be made under this Act on any claim filed under the Philippine Rehabilitation Act of 1946 or under this Act which was acquired from a predecessor in interest by purchase, 76 Stat. 413except where such purchase was in the ordinary course of business in connection with the acquisition of all assets of a business firm. (b) Such of the records of the Philippine War Damage Commission as the Foreign Claims Settlement Commission may deem necessary for carrying out its functions under this Act shall be transferred to the Foreign Claims Settlement Commission.
Sec. 6. The total remuneration on account of services rendered or to be rendered to or on behalf of any applicant in connection with any application filed under this Act shall not exceed 5 per centum of the amount paid by the Commission on account of such application. Any agreement to the contrary shall be unlawful and void. Whoever, subject to the jurisdiction of the United States, violates this section shall be fined not more than $5,000 or imprisoned for not more than one year, or both. Where any payment is made in violation of this section, the Commission shall take such action as may be appropriate to recover the same.
Sec. 7. For the purposes of carrying out this Act, the following provisions of the International Claims Settlement Act of 1949 shall, to the extent not inconsistent with this Act, be applicable in the administration of this Act: Subsections (c), (d), (e), and (i) of section 4;

64 Stat. 13.

22 USC 1423.

22 USC 1626.

subsections (d) and (e) of section 7; and subsection (c) of section 7 except that with respect to applicants not subject to the jurisdiction of the United States, references in such subsection (c) to the Comptroller General of the United States shall be deemed to refer to the Secretary of the Treasury.
Sec. 8. There is authorized to be appropriated not more than

Appropriation.

$73,000,000 to make payments on awards certified pursuant to this Act, plus such additional sums as may be necessary for the administrative expenses of the Commission and of the Secretary of the Treasury in carrying out this Act.
Approved August 30, 1962, 9:50 a.m.
Public Law 87–617: To amend section 5 of the War Claims Act of 1948 to provide detention and other benefits thereunder to certain Guamanians killed or captured by the Japanese at Wake Island. Public Law 617 Public Law 87–617 76 Stat. 413 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–617
AN ACT To amend section 5 of the War Claims Act of 1948 to provide detention and other benefits thereunder to certain Guamanians killed or captured by the Japanese at Wake Island.

August 31, 1962

[S. 2256]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 5 of

Guamanians.

Benefits under War Claims Act of 1948.

62 Stat. 1242; 68 Stat. 759.

50 USC app. 2004.

 the War Claims Act of 1948 is amended by adding at the end thereof the following new subsection: “(h) In the case of any Guamanian killed or captured by the Imperial Japanese Government on or after December 7, 1941, at Wake, Island, benefits shall be granted under subsections (a) through (f) of this section in the same manner and to the same extent as apply in the case of civilian American citizens so killed or captured. Claims for benefits under subsections (a) through (e) of this section must be filed within six months after the date of enactment of this subsection, and the time limitation applicable to any individual by subsection (f) shall not begin to run until the date of enactment of this subsection, with, respect to any individual who is entitled to such benefits solely by reason of this subsection. The preceding sentence shall not be construed to affect the right of any individual to receive such benefits with respect to any period prior to the date of enactment of this subsection.”
Approved August 31, 1962.
Public Law 87–618: Extending recognition to the International Exposition for Southern California in the year 1966 and authorizing the President to issue a proclamation calling upon the several States of the Union and foreign countries to take part in the exposition. Public Law 618 Public Law 87–618 76 Stat. 414 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 414 Public Law 87–618
JOINT RESOLUTION Extending recognition to the International Exposition for Southern California in the year 1966 and authorizing the President to issue a proclamation calling upon the several States of the Union and foreign countries to take part in the exposition.

August 31, 1962

[S. J. Res. 132]

 Whereas the International Exposition for Southern California, to be held at Long Beach, California, in the year 1966, the Planet of Man Exposition, will depict the role of arts and sciences, commerce and industry as it applies to the life of mankind on the planet of Earth; and Whereas the exposition will encompass the five phases of man’s life in the realms of living, learning, working, moving, and playing; and Whereas the exposition will exhibit the various cultures of the nations of the Earth; and Whereas the exposition will provide an adequate medium for interchange of information by which all people may evaluate the attainments of men of other nations; and Whereas the exposition will encourage tourist travel to the United States, and stimulate foreign trade; and Whereas the exposition has met with enthusiastic response from official bodies, organizations, and individuals in California, Los Angeles County, and the city of Long Beach: Therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

International Exposition for Southern California, 1966.
That the Congress hereby recognizes the International Exposition for Southern California in the year 1966 as an event designed to develop and intensify a climate of good will and understanding among men and nations, thereby promoting a lasting peace among all people on the planet of the Earth.
Sec. 2.

Presidential proclamation.

 To implement the recognition declared in the first section of this Act, the President, at such time as he deems appropriate, is authorized and requested to issue a proclamation calling upon the several States of the Union and foreign countries to take part in the exposition.
Approved August 31, 1962.
Public Law 87–619: To amend section 205 of the Federal Property and Administrative Services Act of 1949 to empower certain officers and employees of the General Services Administration to administer oaths to any person. Public Law 619 Public Law 87–619 76 Stat. 414 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–619
AN ACT To amend section 205 of the Federal Property and Administrative Services Act of 1949 to empower certain officers and employees of the General Services Administration to administer oaths to any person.

August 31, 1962

[S. 538]

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

Federal Property and Administrative Services Act of 1949, amendment.

Oaths.

63 Stat. 389.
That section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486) is amended by adding at the end thereof the following new subsection: “(i) If authorized by the Administrator, officers and employees of the General Services Administration having investigatory functions are empowered, while engaged in the performance of their duties in conducting investigations, to administer oaths to any person.”
Approved August 31, 1962.
Public Law 87–620: To amend the Act of March 2, 1929, and the Act of August 27, 1935, relating to load lines for oceangoing and coastwise vessels, to establish liability for surveys, to increase penalties, to permit deeper loading in coastwise trade, and for other purposes. Public Law 620 Public Law 87–620 76 Stat. 415 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 415 Public Law 87–620
AN ACT To amend the Act of March 2, 1929, and the Act of August 27, 1935, relating to load lines for oceangoing and coastwise vessels, to establish liability for surveys, to increase penalties, to permit deeper loading in coastwise trade, and for other purposes.

August 31, 1962

[S. 3016]

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

Oceangoing and coastwise vessels.

Load lines.

45 Stat. 1492.

“An Act to establish load lines for American vessels, and for other purposes”, approved March 2, 1929, as amended (46 U.S.C. 85–85g), is amended as follows: (1) Subsection (a) of the first section is amended by striking out “the Great Lakes excepted” and inserting in lieu thereof “or arriving within the jurisdiction of the United States or its possessions from a foreign voyage by sea, in both cases the Great Lakes excepted”. (2) Section 7 (46 U.S.C. 85f) is amended— (A) by adding the words “or Coast Guard district commander” following the words “collector of customs” in the first sentence; (B) by adding the words “or Coast Guard district commander” following the word “collector” wherever it appears after the first sentence; and (C) by adding the following sentence at the end thereof: “The

Liability for surveys.

owner and agent of a vessel surveyed and found in violation of this Act or regulations established thereunder shall bear the costs of the survey in addition to any penalty or fine imposed.” (3) Section 8 (46 U.S.C. 85g) is amended—

Penalties.

 (A) by amending subsection (a) to read as follows: “(a) The owner and/or master of any vessel subject to this Act and the regulations established thereunder shall be liable to the United States in a penalty not to exceed $1,000 whenever the vessel is found operating, navigating, or otherwise in use upon the navigable waters of the United States in violation of the provisions of this Act or the regulations established thereunder, or whenever the vessel, if a vessel of the United States, is found operating, navigating, or otherwise in use upon the high seas in violation of the provisions of this Act or the regulations established thereunder. Each day a vessel is in violation of the provisions of this Act shall constitute a separate offense. The Secretary of the department in which the Coast Guard is operating may assess, collect, remit, and mitigate any penalty imposed under this Act.” (B) by amending subsection (b)— (1) by striking out the figure “$100” and inserting the figure “$500” in place thereof; and (2) by striking out the last, sentence thereof; (C) by amending subsection (c)—

53 Stat. 783.

 (1) by striking out the figure “$500” and inserting the following words and figures in place thereof, “$1,000 plus a sum computed at the rate of $500 per inch of draft in excess of the vessel’s applicable load line”; and (2) by striking out the last sentence thereof; (D) by striking out the figure “$500” in subsection (d) and inserting the figure “$1,000” in place thereof; (E) by striking out the figure “$1,000” in subsection (e) and inserting the figure “$2,000” in place thereof.
76 Stat. 416
Sec. 2. The Act entitled “An Act to provide for the establishment of load lines for American vessels in the coastwise trade, and for other

49 Stat. 888.

 purposes”, approved August 27, 1935, as amended (46 U.S.C. 88–88i), is amended as follows: (1)

49 Stat. 1543.

 Section 2 (46 U.S.C. 88a) is amended to read as follows:
“Sec. 2.

Regulations.

 The Secretary of the department in which the Coast Guard is operating is hereby authorized and directed in respect of the vessels defined above to establish by regulations from time to time the load water lines and marks thereof indicating the maximum depth to which such vessels may safely be loaded. Such regulations shall have the force of law. In establishing such load lines due consideration shall be given to, and differentials made for, the various types and character of vessels and the trades in which they are engaged. In establishing load water lines on passenger vessels due consideration shall be given to, and differentials shall be made for, the age and condition of the vessel, its subdivision and efficacy thereof, and the probable stability of the vessel if damaged: Provided, That the load-line provisions of this Act shall apply to the Great Lakes: Provided further, That no load line shall be established or marked on any vessel, which load line in the judgment of the Secretary is above the actual line of safety.”
(2)

49 Stat. 889.

 Section 7 (46 U.S.C. 88f) is amended— (A) by adding the words “or Coast Guard district commander” following the words “collector of customs” in the first sentence; (B) by adding the words “or Coast Guard district commander” following the word “collector” wherever it appears after the first sentence; and (C)

Liability for surveys.

 by adding the following sentence at the end thereof: “The owner and agent of a vessel surveyed and found in violation of this Act or regulations established thereunder shall bear the costs of the survey in addition to any penalty or fine imposed.” (3)

Penalties.

 Section 8 (46 U.S.C. 88g) is amended— (A) by amending subsection (a) to read as follows: “(a) The owner and/or master of any vessel subject to this Act and the regulations established thereunder shall be liable to the United States in a penalty not to exceed $1,000 whenever the vessel is found operating, navigating, or otherwise in use upon the navigable waters of the United States, in violation of the provisions of this Act or the regulations established thereunder, or whenever the vessel, if a vessel of the United States, is found operating, navigating, or otherwise in use upon the high seas in violation of the provisions of this Act or the regulations established thereunder. Each day a vessel is in violation of the provisions of this Act shall constitute a separate offense. The Secretary of the Department in which the Coast Guard is operating may assess, collect, remit, and mitigate any penalty imposed under this Act.” (B) by amending subsection (b)— (1) by striking out the figure “$100” and inserting the figure “$500” in place thereof; and (2) by striking out the last sentence thereof; (C) by amending subsection (c)— (1) by striking out the figure “$500” and inserting the following words and figures in place thereof, “$1,000 plus a sum computed at the rate of $500 per inch of draft in excess of the vessel’s applicable load line”; and (2) by striking out the last sentence thereof; (D) by striking out the figure “$500” in subsection (d) and inserting the figure “$1,000” in place thereof; (E) by striking out the figure “$1,000” in subsection (e) and inserting the figure “$2,000” in place thereof.
Approved August 31, 1962.
Public Law 87–621: To amend title 28, United States Code, with respect to fees of United States marshals, and for other purposes. Public Law 621 Public Law 87–621 76 Stat. 417 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 417 Public Law 87–621
AN ACT To amend title 28, United States Code, with respect to fees of United States marshals, and for other purposes.

August 31, 1962

[H. R. 10651]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 1921 of

U. S. marshals.

Fees.

62 Stat. 955.

 title 28, United States Code, is amended to read as follows:
“§ 1921. United States marshals’ fees

“Only the following fees of United States marshals shall be collected and taxed as costs, except as otherwise provided:

“For serving a writ of possession, partition, execution, attachment in rem, or libel in admiralty, warrant, attachment, summons, capias, or any other writ, order, or process in any case or proceeding, except as otherwise provided, $3;

“For serving a subpena or summons for a witness or appraiser, $2;

“For forwarding any writ, order, or process to another judicial district for service, in addition to the prescribed fee, $1;

“For the preparation of any notice of sale, proclamation in admiralty, or other public notice or bill of sale, $3;

“For seizing or levying on property (including seizures in admiralty), disposing of the same by sale, setoff, or otherwise and receiving and paying over money, commissions of 3 per centum on the first $1,000 of the amounts collected and per centum on the excess of any sum over $1,000. If not disposed of by marshal’s sale, the commission shall be in such amount as may be allowed by the court. In all cases in which the vessel or other property is sold by a public auctioneer, or by some party other than the marshal or his deputy, the commission herein, authorized to be paid to the marshal shall be reduced by the amount paid to said auctioneer or other party;

“For the keeping of property attached (including boats, vessels, or other property attached or libeled) actual expenses incurred, such as storage, moving, boat hire, or other special transportation, watchmen’s or keepers’ fees, insurance, and $3 per hour for each deputy marshal required for special services, such as guarding, inventorying, moving, and so forth. The marshals shall collect, in advance, a deposit to cover the initial expenses for such services and periodically thereafter such amounts as may be necessary to pay such expenses until the litigation is concluded;

“For copies of writs or other papers furnished at the request of any party, 30 cents per folio of one hundred words or fraction thereof;

“For all services in a criminal case except for the summoning of witnesses, a sum to be fixed by the court not exceeding $25 where conviction is for a misdemeanor and not exceeding $100 where conviction is for a felony;

“For necessary travel in serving or endeavoring to serve any process, writ, or order, 12 cents per mile, or fraction thereof, to be computed from the place where service is returnable to the place of service or endeavor; or, where two or more services or endeavors, or where an endeavor and a service, are made in behalf of the same party in the same case on the same trip, mileage shall be computed to the place of service or endeavor which is most remote from the place where service is returnable, adding thereto any additional mileage traveled in serving or endeavoring to serve in behalf of that party. When two or more writs of any kind, required to be served in behalf of the same party, on the same person, in the same case or proceeding, may be served at the same time, mileage on only one such writ shall be collected;

76 Stat. 418

“No mileage fees shall be collected for services or endeavors to serve in the District of Columbia;

“The marshal may require a deposit to cover all fees and expenses herein prescribed.”
Sec. 2.

Repeal.

 Section 1112 of the Act of March 3, 1901, entitled “An Act to establish a code of law for the District of Columbia” (31 Stat. 1189, 1365; sec. 11–1510, D.C. Code, 1961 edition), as amended, is repealed.
Sec. 3.

Effective date.

 This Act shall become effective ninety days after enactment.
Approved August 31, 1962.
Public Law 87–622: To amend section 10 and section 3 of the Federal Reserve Act, and for other purposes. Public Law 622 Public Law 87–622 76 Stat. 418 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–622
AN ACT To amend section 10 and section 3 of the Federal Reserve Act, and for other purposes.

August 31, 1962

[S. 1005]

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

Federal Reserve branch bank buildings.

42 Stat. 1223; 67 Stat. 41.
That the ninth paragraph of section 10 of the Federal Reserve Act, as amended (U.S.C., title 12, sec. 522), is amended by striking out “$30,000,000” and inserting “$60,000,000”.
Sec. 2.

40 Stat. 232.

 Section 3 of the Federal Reserve Act, as amended (U.S.C., title 12, sec. 521), is hereby further amended by adding at the end thereof the following paragraph:

“No Federal Reserve bank shall have authority hereafter to enter into any contract or contracts for the erection of any branch bank building of any kind or character or to authorize the erection of any such building, except with the approval of the Board of Governors of the Federal Reserve System.”
Approved August 31, 1962.
Public Law 87–623: To extend for one year the authority to insure mortgages under sections 809 and 810 of the National Housing Act. Public Law 623 Public Law 87–623 76 Stat. 418 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–623
AN ACT To extend for one year the authority to insure mortgages under sections 809 and 810 of the National Housing Act.

August 31, 1962

[S. 2876]

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

Armed Services.

Housing mortgage insurance, extension.

63 Stat. 571; 75 Stat. 111.

12 USC 1748b.
That the last proviso in section 803(a) of the National Housing Act is amended— (1) by striking out “under this title” and inserting in lieu thereof “under this section”; and (2) by striking out “under section 803 of this title” and inserting in lieu thereof “under this section”.
Sec. 2.

70 Stat. 273.

12 USC 1748h–1.

 Section 809(f) of the National Housing Act is amended by striking out “and the expiration date of the Commissioner’s authority to insure”, and by adding at the end thereof the following new sentence: “No more mortgages shall be insured under this section after October 1, 1963, except pursuant to a commitment to insure before such date.”
Sec. 3.

73 Stat. 683.

12 USC 1748h–2.

 Section 810(k) of the National Housing Act is amended by striking out “and the expiration date of the Commissioner’s authority to insure”, and by adding at the end thereof the following new sentence: “No more mortgages shall be insured under this section after October 1, 1963, except pursuant to a commitment to insure before such date.”
Approved August 31, 1962.
Public Law 87–624: To provide for the establishment, ownership, operation, and regulation of a commercial communications satellite system, and for other purposes. Public Law 624 Public Law 87–624 76 Stat. 419 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 419 Public Law 87–624
AN ACT To provide for the establishment, ownership, operation, and regulation of a commercial communications satellite system, and for other purposes.

August 31, 1962

[H. R. 11040]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <num value="I">TITLE I—</num> <heading class="inline">SHORT TITLE, DECLARATION OF POLICY AND DEFINITIONS</heading> <section> <heading class="smallCaps centered">short title</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">This Act may be cited as the “<shortTitle role="act">Communications Satellite <sidenote><p class="firstIndent1 fontsize8">Communications Satellite Act of 1962.</p></sidenote>Act of 1962</shortTitle>”.</content> </section> <section> <heading class="smallCaps centered">declaration of policy and purpose</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Congress hereby declares that it is the policy of the United States to establish, in conjunction and in cooperation with other countries, as expeditiously as practicable a commercial communications satellite system, as part of an improved global communications network, which will be responsive to public needs and national objectives, which will serve the communication needs of the United States and other countries, and which will contribute to world peace and understanding.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The new and expanded telecommunication services are to be made available as promptly as possible and are to be extended to provide global coverage at the earliest practicable date. In effectuating this program, care and attention will be directed toward providing such services to economically less developed countries and areas as well as those more highly developed, toward efficient and economical use of the electromagnetic frequency spectrum, and toward the reflection of the benefits of this new technology in both quality of services and charges for such services.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>In order to facilitate this development and to provide for the widest possible participation by private enterprise, United States participation in the global system shall be in the form of a private corporation, subject to appropriate governmental regulation. It is the intent of Congress that all authorized users shall have nondiscriminatory access to the system; that maximum competition be maintained in the provision of equipment and services utilized by the system; that the corporation created under this Act be so organized and operated as to maintain and strengthen competition in the provision of communications services to the public; and that the activities of the corporation created under this Act and of the persons or companies participating in the ownership of the corporation shall be consistent with the Federal antitrust laws.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>It is not the intent of Congress by this Act to preclude the use of the communications satellite system for domestic communication services where consistent with the provisions of this Act nor to preclude the creation of additional communications satellite systems, if required to meet unique governmental needs or if otherwise required in the national interest.</content> </subsection> </section> <section> <heading class="smallCaps centered">definitions</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <chapeau class="inline">As used in this Act, and unless the context otherwise requires—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the term “communications satellite system” refers to a system of communications satellites in space, whose purpose is to relay telecommunication information between satellite terminal sta-<page identifier="/us/stat/76/420">76 <inline class="smallCaps">Stat</inline>. 420</page>tions, together with such associated equipment and facilities for tracking, guidance, control, and command functions as are not part of the generalized launching, tracking, control, and command facilities for all space purposes;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the term “satellite terminal station” refers to a complex of communication equipment located on the earth’s surface, operationally connected with one or more terrestrial communication systems, and capable of transmitting telecommunications to or receiving telecommunications from a communications satellite system.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the term “communications satellite” means an earth satellite which is intentionally used to relay telecommunication information;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the term “associated equipment and facilities” refers to facilities other than satellite terminal stations and communications satellites, to be constructed and operated for the primary purpose of a communications satellite system, whether for administration and management, for research and development, or for direct support of space operations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the term “research and development” refers to the conception, design, and first creation of experimental or prototype operational devices for the operation of a communications satellite system, including the assembly of separate components into a working whole, as distinguished from the term “production,” which relates to the construction of such devices to fixed specifications compatible with repetitive duplication for operational applications; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the term “telecommunication” means any transmission, emission or reception of signs, signals, writings, images, and sounds or intelligence of any nature by wire, radio, optical, or other electromagnetic systems.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the term “communications common carrier” has the same meaning as the term “common carrier” has when used in the Communications Act of 1934, as amended, and in addition includes, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/1064">48 Stat. 1064</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t47/s609">47 USC 609</ref>.</p></sidenote>but only for purposes of sections 303 and 304, any individual, parthership, association, jointstock company, trust, corporation, or other entity which owns or controls, directly or indirectly, or is under direct or indirect common control with, any such carrier; and the term “authorized carrier”, except as otherwise provided for purposes of section 304 by section 304(b)(1), means a communications common carrier which has been authorized by the Federal Communications Commission under the Communications Act of 1934, as amended, to provide services by means of communications satellites;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>the term “corporation” means the corporation authorized by title III of this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>the term “Administration” means the National Aeronautics and Space Administration; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>the term “Commission” means the Federal Communications Commission.</content> </paragraph> </section> 76 Stat. 421 <num value="II">TITLE II—</num> <heading class="inline">FEDERAL COORDINATION, PLANNING, AND REGULATION</heading> <section> <heading class="smallCaps centered">implementation of policy</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <chapeau class="inline">In order to achieve the objectives and to carry out the purposes of this Act—</chapeau> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>the President shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>aid in the planning and development and foster the execution of a national program for the establishment and operation, as expeditiously as possible, of a commercial communications satellite system;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>provide for continuous review of all phases of the development and operation of such a system, including the activities of a communications satellite corporation authorized under title III of this Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>coordinate the activities of governmental agencies with responsibilities in the field of telecommunication, so as to insure that there is full and effective compliance at all times with the policies set forth in this Act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>exercise such supervision over relationships of the corporation with foreign governments or entities or with international bodies as may be appropriate to assure that such relationships shall be consistent with the national interest and foreign policy of the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>insure that timely arrangements are made under which there can be foreign participation in the establishment and use of a communications satellite system;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>take all necessary steps to insure the availability and appropriate utilization of the communications satellite system for general governmental purposes except where a separate communications satellite system is required to meet unique governmental needs, or is otherwise required in the national interest; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>so exercise his authority as to help attain coordinated and efficient use of the electromagnetic spectrum and the technical compatibility of the system with existing communications facilities both in the United States and abroad.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>the National Aeronautics and Space Administration shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>advise the Commission on technical characteristics of the communications satellite system;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>cooperate with the corporation in research and development to the extent deemed appropriate by the Administration in the public interest;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>assist the corporation in the conduct, of its research and development program by furnishing to the corporation, when requested, on a reimbursable basis, such satellite launching and associated services as the Administration deems necessary for the most expeditious and economical development of the communications satellite system;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>consult with the corporation with respect to the technical characteristics of the communications satellite system;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>furnish to the corporation, on request and on a reimbursable basis, satellite launching and associated services required for the establishment, operation, and maintenance of the communications satellite system approved by the Commission; and</content> </paragraph> <page identifier="/us/stat/76/422">76 <inline class="smallCaps">Stat</inline>. 422</page> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>to the extent feasible, furnish other services, on a reimbursable basis, to the corporation in connection with the establishment and operation of the system.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <chapeau>the Federal Communications Commission, in its administration of the provisions of the Communications Act of 1934, as amended, and as supplemented by this Act, shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/1064">48 Stat. 1064</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t47/s609">47 USC 609</ref>.</p></sidenote> <content>insure effective competition, including the use of competitive bidding where appropriate, in the procurement by the corporation and communications common carriers of apparatus, equipment, and services required for the establishment and operation of the communications satellite system and satellite terminal stations; and the Commission shall consult with the Small Business Administration and solicit its recommendations on measures and procedures which will insure that small business concerns are given an equitable opportunity to share in the procurement program of the corporation for property and services, including but not limited to research, development, construction, maintenance, and repair.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>insure that all present and future authorized carriers shall have nondiscriminatory use of, and equitable access to, the communications satellite system and satellite terminal stations under just and reasonable charges, classifications, practices, regulations, and other terms and conditions and regulate the manner in which available facilities of the system and stations are allocated among such users thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in any case where the Secretary of State, after obtaining the advice of the Administration as to technical feasibility, has advised that commercial communication to a particular foreign point by means of the communications satellite system and satellite terminal stations should be established in the national interest, institute forthwith appropriate proceedings under section 214(d) of the Communications Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/57/12">57 Stat. 12</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t47/s214">47 USC 214</ref>.</p></sidenote>1934. as amended, to require the establishment of such communication by the corporation and the appropriate common carrier or carriers;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>insure that facilities of the communications satellite system and satellite terminal stations are technically compatible and interconnected operationally with each other and with existing communications facilities;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>prescribe such accounting regulations and systems and engage in such ratemaking procedures as will insure that any economies made possible by a communications satellite system are appropriately reflected in rates for public communication services;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>approve technical characteristics of the operational communications satellite system to be employed by the corporation and of the satellite terminal stations; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>grant appropriate authorizations for the construction and operation of each satellite terminal station, either to the corporation or to one or more authorized carriers or to the corporation and one or more such carriers jointly, as will best serve the public interest, convenience, and necessity. In determining the public interest, convenience, and necessity the Commission shall authorize the construction and operation of such stations by communications common carriers or the corporation, without preference to either;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>authorize the corporation to issue any shares of capital stock, except the initial issue of capital stock referred to in section 304(a), or to borrow any moneys, or to assume any <page identifier="/us/stat/76/423">76 <inline class="smallCaps">Stat</inline>. 423</page>obligation in respect of the securities of any other person, upon a finding that such issuance, borrowing, or assumption is compatible with the public interest, convenience, and necessity and is necessary or appropriate for or consistent with carrying out the purposes and objectives of this Act by the corporation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>insure that no substantial additions are made by the corporation or carriers with respect to facilities of the system or satellite terminal stations unless such additions are required by the public interest, convenience, and necessity;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>require, in accordance with the procedural requirements of section 214 of the Communications Act of 1934, as amended, that additions be made by the corporation or carriers <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/57/11">57 Stat. 11</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t47/s214">47 USC 214</ref>.</p></sidenote>with respect to facilities of the system or satellite terminal stations where such additions would serve the public interest, convenience, and necessity; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>make rules and regulations to carry out the provisions of this Act.</content> </paragraph> </subsection> </section> <num value="III">TITLE III—</num> <heading class="inline">CREATION OF A COMMUNICATIONS SATELLITE CORPORATION</heading> <section> <heading class="smallCaps centered">creation of corporation</heading> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content class="inline">There is hereby authorized to be created a communications satellite corporation for profit which will not be an agency or establishment of the United States Government. The corporation shall tie subject to the provisions of this Act and, to the extent consistent with this Act, to the District of Columbia Business Corporation Act. The right to repeal, alter, or amend this Act at any time is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/177">68 Stat. 177</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/dcc/29–901">D. C. Code 29–901</ref>.</p></sidenote> expressly reserved.</content> </section> <section> <heading class="smallCaps centered">process of organization</heading> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content class="inline">The President of the Limited States shall appoint incorporators, by and with the advice and consent of the Senate, who shall serve as the initial board of directors until the first annual meeting of stockholders or until their successors are elected and qualified. Such incorporators shall arrange for an initial stock offering and take whatever other actions are necessary to establish the corporation, including the filing of articles of incorporation, as approved by the President.</content> </section> <section> <heading class="smallCaps centered">directors and officers</heading> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The corporation shall have a board of directors consisting of individuals who are citizens of the United States, of whom one shall be elected annually by the board to serve as chairman. Three members of the board shall be appointed by the President of the United States, by and with the advice and consent of the Senate, effective the date on which the other members are elected, and for terms of three years or until their successors have been appointed and qualified, except that the first three members of the board so appointed shall continue in office for terms of one, two, and three years, respectively, and any member so appointed to fill a vacancy shall be appointed only for the unexpired term of the director whom he succeeds. Six members of the board shall be elected annually by those stockholders who are communications common carriers and six shall be elected annually by the other stockholders of the corporation. No stockholder who is a communications common carrier and no trustee for such a stockholder shall vote, either directly or indirectly, through the votes of subsidiaries or affiliated companies, nominees, or any persons subject to <page identifier="/us/stat/76/424">76 <inline class="smallCaps">Stat</inline>. 424</page>his direction or control, for more than three candidates for membership on the board. Subject to such limitation, the articles of incorporation to be filed by the incorporators designated under section 302 shall provide for cumulative voting under section 27(d) of the District of Columbia Business Corporation Act (D.C. Code, sec. 29–911(d)).</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/191">68 Stat. 191</ref>.</p></sidenote> <content>The corporation shall have a president, and such other officers as may be named and appointed by the board, at rates of compensation fixed by the board, and serving at the pleasure of the board. No individual other than a citizen of the United States may be an officer of the corporation. No officer of the corporation shall receive any salary from any source other than the corporation during the period of his employment by the corporation.</content> </subsection> </section> <section> <heading class="smallCaps centered">financing of the corporation</heading> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <subsection class="inline"> <num value=" a">(a) </num> <content>The corporation is authorized to issue and have outstanding, in such amounts as it shall determine, shares of capital stock, without par value, which shall carry voting rights and be eligible for dividends. The shares of such stock initially offered shall be sold at a price not in excess of $100 for each share and in a manner to encourage the widest distribution to the American public. Subject to the provisions of subsections (b) and (d) of this section, shares of stock offered under this subsection may be issued to and held by any person.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8">“Authorized carrier.”</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">For the purposes of this section the term “authorized carrier” shall mean a communications common carrier which is specifically authorized or which is a member of a class of carriers authorized by the Commission to own shares of stock in the corporation upon, a finding that such ownership will be consistent with the public interest, convenience, and necessity.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Only those communications common carriers which are authorized carriers shall own shares of stock in the corporation at any time, and no other communications common carrier shall own shares either directly or indirectly through subsidiaries or affiliated companies, nominees, or any persons subject to its direction or control. Fifty per centum of the shares of stock authorized for issuance at any time by the corporation shall be reserved for purchase by authorized carriers and such carriers shall in the aggregate be entitled to make purchases of the reserved shares in a total number not exceeding the total number of the nonreserved shares of any issue purchased by other persons. At no time after the initial issue is completed shall the aggregate of the shares of voting stock of the corporation owned by authorized carriers directly or indirectly through subsidiaries or affiliated companies, nominees, or any persons subject to their direction or control exceed 50 per centum of such shares issued and outstanding.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>At no time shall any stockholder who is not an authorized carrier, or any syndicate or affiliated group of such stockholders, own more than 10 per centum of the shares of voting stock of the corporation issued and outstanding.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The corporation is authorized to issue, in addition to the stock authorized by subsection (a) of this section, non voting securities, bonds, debentures, and other certificates of indebtedness as it may determine. Such nonvoting securities, bonds, debentures, or other certificates of indebtedness of the corporation as a communications common carrier may own shall be eligible for inclusion in the rate base of the carrier to the extent allowed by the Commission. The vot-<page identifier="/us/stat/76/425">76 <inline class="smallCaps">Stat</inline>. 425</page>ing stock of the corporation shall not be eligible for inclusion in the rate base of the carrier.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Not more than an aggregate of 20 tier centum of the shares of stock of the corporation authorized by subsection (a) of this section which are held by holders other than authorized carriers may be held by persons of the classes described in paragraphs (1), (2), (3), (4), and (5) of section 310(a) of the Communications Act of 1934, as amended (47 U.S.C. 310).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/1086">48 Stat. 1086</ref>.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>The requirement of section 45(b) of the District of Columbia Business Corporation Act (D.C. Code, sec. 29–920(b)) as to the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/197">68 Stat. 197</ref>.</p></sidenote> percentage of stock which a stockholder must hold in order to have the rights of inspection and copying set forth in that subsection shall not be applicable in the case of holders of the stock of the corporation, and they may exercise such rights without regard to the percentage of stock they hold.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>Upon application to the Commission by any authorized carrier and after notice and hearing, the Commission may compel any other authorized carrier which owns shares of stock in the corporation to transfer to the applicant, for a fair and reasonable consideration, a number of such snares as the Commission determines will advance the public interest and the purposes of this Act. In its determination with respect to ownership of shares of stock in the corporation, the Commission, whenever consistent with the public interest, shall promote the widest possible distribution of stock among the authorized carriers.</content> </subsection> </section> <section> <heading class="smallCaps centered">purposes and powers of the corporation</heading> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">In order to achieve the objectives and to carry out the purposes of this Act, the corporation is authorized to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>plan, initiate, construct, own, manage, and operate itself or in conjunction with foreign governments or business entities a commercial communications satellite system;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>furnish, for hire, channels of communication to United States communications common carriers and to other authorized entities, foreign and domestic and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>own and operate satellite terminal stations when licensed by the Commission under section 201(c)(7).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>Included in the activities authorized to the corporation for accomplishment of the purposes indicated in subsection (a) of this section, are, among others not specifically named—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to conduct or contract for research and development related to its mission;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to acquire the physical facilities, equipment and devices necessary to its operations, including communications satellites and associated equipment and facilities, whether by construction, purchase, or gift;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to purchase satellite launching and related services from the United States Government;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>to contract with authorized users, including the United States Government, for the services of the communications satellite system; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>to develop plans for the technical specifications of all elements of the communications satellite system.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>To carry out the foregoing purposes, the corporation shall have the usual powers conferred upon a stock corporation by the District of Columbia Business Corporation Act.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/177">68 Stat. 177</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/dcc/29–901">D. C. Code 29–901</ref>.</p></sidenote></content> </subsection> </section> 76 Stat. 426 <num value="IV">TTLE IV—</num> <heading class="inline">MISCELLANEOUS</heading> <section> <heading class="smallCaps centered">applicability of communications act of 1934</heading> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <content class="inline">The corporation shall be deemed to be a common carrier within the meaning of section 3(h) of the Communications Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/1066">48 Stat. 1066</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t47/s153">47 USC 153</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/1070">48 Stat. 1070</ref>; <i>Ante</i>, p. 64.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t47/s201–222/301–397">47 USC 201–222, 301–397</ref>.</p></sidenote>1934, as amended, and as such shall be fully subject to the provisions of title II and title III of that Act. The provision of satellite terminal station facilities by one communication common carrier to one or more other communications common carriers shall be deemed to be a common carrier activity fully subject to the Communications Act. Whenever the application of the provisions of this Act shall be inconsistent with the application of the provisions of the Communications Act, the provisions of this Act shall govern.</content> </section> <section> <heading class="smallCaps centered">notice of foreign business negotiations</heading> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content class="inline">Whenever the corporation shall enter into business negotiations with respect to facilities, operations, or services authorized by this Act with any international or foreign entity, it shall notify the Department of State of the negotiations, and the Department of State shall advise the corporation of relevant foreign policy considerations. Throughout such negotiations the corporation shall keep the Department of State informed with respect to such considerations. The corporation may request the Department of State to assist in the negotiations, and that Department shall render such assistance as may be appropriate.</content> </section> <section> <heading class="smallCaps centered">sanctions</heading> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">If the corporation created pursuant to this Act shall engage in or adhere to any action, practices, or policies inconsistent with the policy and purposes declared in section 102 of this Act, or if the corporation or any other person shall violate any provision of this Act, or shall obstruct or interfere with any activities authorized by this Act, or shall refuse, fail, or neglect to discharge his duties and responsibilities under this Act, or shall threaten any such violation, obstruction, interference, refusal, failure, or neglect, the district court of the United States for any district in which such corporation or other person resides or may be found shall have jurisdiction, except as otherwise prohibited by law, upon petition of the Attorney General of the United States, to grant such equitable relief as may be necessary or appropriate to prevent or terminate such conduct or threat.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Nothing contained in this section shall be construed as relieving any person of any punishment, liability, or sanction which may be imposed otherwise than under this Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>It shall be the duty of the corporation and all communications common carriers to comply, insofar as applicable, with all provisions of this Act and all rules and regulations promulgated thereunder.</content> </subsection> </section> <section> <heading class="smallCaps centered">reports to the congress</heading> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The President shall transmit to the Congress in January of each year a report which shall include a comprehensive description of the activities and accomplishments during the preceding calendar year under the national program referred to in section 201(a)(1), together with an evaluation of such activities and accomplishments in terms of the attainment of the objectives of this Act and any recommendations for additional legislative or other action which the President may consider necessary or desirable for the attainment of such objectives.</content> </subsection> <page identifier="/us/stat/76/427">76 <inline class="smallCaps">Stat</inline>. 427</page> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The corporation shall transmit to the President and the Congress, annually and at such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments under this Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The Commission shall transmit to the Congress, annually and at such other times as it deems desirable, (i) a report of its activities and actions on anticompetitive practices as they apply to the communications satellite programs; (ii) an evaluation of such activities and actions taken by it within the scope of its authority with a view to recommending such additional legislation which the Commission may consider necessary in the public interest; and (iii) an evaluation of the capital structure of the corporation so as to assure the Congress that such structure is consistent with the most efficient and economical operation of the corporation.</content> </subsection> </section> Approved August 31, 1962, 9:51 a, m.
Public Law 87–625: Making continuing appropriations for the fiscal year 1963, and for other purposes. Public Law 625 Public Law 87–625 76 Stat. 427 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–625
JOINT RESOLUTION Making continuing appropriations for the fiscal year 1963, and for other purposes.

August 31, 1962

[H. J. Res. 864]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the joint resolution of July 31, 1962 (Public Law 87–564), is hereby amended by striking

Ante, p. 254.

out “August 31, 1962” and inserting in lieu thereof “September 30, 1962”.
Approved August 31, 1962.
Public Law 87–626: To extend certain authority of the Secretary of the Interior exercised through the Geological Survey of the Department of the Interior, to areas outside the national domain. Public Law 626 Public Law 87–626 76 Stat. 427 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–626
AN ACT To extend certain authority of the Secretary of the Interior exercised through the Geological Survey of the Department of the Interior, to areas outside the national domain.

September 5, 1962

[S. 981]

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

Interior Dept.

Geological Survey.

Scientific examination authority, extension.

of the Secretary of the Interior, exercised through the Geological Survey of the Department of the Interior, to examine the geological structure, mineral resources, and products of the national domain, is hereby expanded to authorize such examinations outside the national domain where determined by the Secretary to be in the national interest.
Sec. 2. The Secretary of the Interior shall report to the Speaker

Report to Congress.

of the House of Representatives and the President of the Senate on January 31 and July 31 of each year on all actions taken pursuant to this Act during the six months ending on the December 31 and June 30 immediately preceding the reporting date and on the results of such actions.
Approved September 5, 1962.
Public Law 87–627: To amend Public Law 86–506, Eighty-sixth Congress (74 Stat. 199), approved June 11, 1960. Public Law 627 Public Law 87–627 76 Stat. 248 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 428 Public Law 87–627
AN ACT To amend Public Law 86–506, Eighty-sixth Congress (74 Stat. 199), approved June 11, 1960.

September 5, 1962

[S. 1208]

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

Indians.

Colorado River Reservation.

Ariz,-calif.
That Public Law 86–506, Eighty-sixth Congress (74 Stat. 199), approved June 11, 1960, is hereby amended to read as follows:

“Until a determination has been made of the beneficial ownership of the lands on the Colorado River Reservation, Arizona and California, that were set apart by the United States for the Indians of the Colorado River and its tributaries, the Secretary of the Interior

Leasing of lands.

is authorized to lease any unassigned lands on the reservation and to approve leases made by the holders of assignments heretofore made, for such uses and terms as are authorized By the Act of May 11, 1938 (52 Stat. 347; 25 U.S.C. 396a et seq.), and the Act of August 9, 1955 (69 Stat. 539), as amended (25 U.S.C. 415 et seq.), including the same uses and terms as are permitted thereby on the Agua Caliente (Palm Springs), Dania, and Navajo Reservations: Provided, however, That the authorization herein granted to the Secretary of the Interior shall not extend to any lands lying west of the present course of the Colorado River and south of section 25 of township 2 south, range 23 east, San Bernardino base and meridian, California, and shall not be construed to affect the resolution of any controversy over the location of the boundary of the Colorado River Reservation. Income received from any leases of unassigned lands may be expended or advanced by the Secretary for the benefit of the Colorado River Indian tribes and their members. Income received from any leases of assigned lands may be expended or advanced by the Secretary for the Benefit of the assignee.
Approved September 5, 1962.
Public Law 87–628: To change the names of the Edison Home National Historic Site and the Edison Laboratory National Monument, to authorize the acceptance of donations, and for other purposes. Public Law 628 Public Law 87–628 76 Stat. 428 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–628
AN ACT To change the names of the Edison Home National Historic Site and the Edison Laboratory National Monument, to authorize the acceptance of donations, and for other purposes.

September 5, 1962

[S. 2916]

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

Edison National Historic Site.

Designation.
That the Edison Home National Historic Site and the Edison Laboratory National Monument, together with adjacent parcels aggregating approximately seventy-one one-hundredths of an acre which have been donated to the United States for addition to the monument, are designated the Edison National Historic Site.
Sec. 2. The Secretary of the Interior may accept the donation of such lands and interests in lands, for addition to the site, as he determines will further the preservation of the Edison National Historic Site and its enjoyment by the public.
Sec. 3. The Edison National Historic Site shall be administered by the Secretary of the Interior pursuant to the Act entitled “An Act to establish a National Park Service and for other purposes,” approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3), as amended and supplemented.
Approved September 5, 1962.
Public Law 87–629: To provide for the division of the tribal assets of the Ponca Tribe of Native Americans of Nebraska among the members of the tribe, and for other purposes. Public Law 629 Public Law 87–629 76 Stat. 429 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 429 Public Law 87–629
AN ACT To provide for the division of the tribal assets of the Ponca Tribe of Native Americans of Nebraska among the members of the tribe, and for other purposes.

September 5, 1962

[S. 3174]

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

Indians.

Ponca Tribe.

Division of tribal assets.

of the Interior shall, with the advice and assistance of the Ponca Tribe of Native Americans of Nebraska and pursuant to such regulations as he may prescribe, prepare a roll of the members of the tribe and record thereon persons whose names appeared on the census roll of April 1, 1934, and the supplement thereto of January 1, 1935, and their descendants of not less than one-quarter degree Indian blood of the Ponca Tribe, regardless of place of residence, who are living on the date of this Act. He shall provide a reasonable opportunity for any person to protest against the inclusion or omission or any name on or from the roll and his decision on such protests shall be final and conclusive. After all protests are disposed of, the roll shall be published

Publication in F. R.

in the Federal Register. The Secretary shall thereupon give the adult members of the tribe whose names appear on the roll an opportunity to indicate their agreement or disagreement with a division of tribal assets in accordance with the provisions of this Act. If a majority of those indicating agreement or disagreement are favorable to such division, the Secretary shall publish in the Federal Register a notice of the fact and the roll prepared by him shall there-upon become final and the following sections of this Act shall become effective.
Sec. 2. Each member whose name appears on the final roll of the tribe as published in the Federal Register shall be entitled to receive in accordance with the provisions or this Act an equal share of the tribe’s assets that are held in trust by the United States. This right shall constitute personal property which may be inherited or bequeathed, but it shall not otherwise be subject to alienation or encumbrance.
Sec. 3. (a) All property of the United States used for the benefit

Distribution of assets.

of the Ponca Tribe of Native Americans of Nebraska is hereby declared to be a part of the assets of the tribe, and all of the tribe’s assets shall be distributed in accordance with the provisions of this section. The distribution shall be completed within three years from the date of this Act, or as soon thereafter as practicable. (b) The tribe shall designate any part of the tribe’s property that is to be set aside for church, park, playground, or cemetery purposes, and the Secretary is authorized to convey such property to trustees or agencies designated by the tribe for that purpose and approved by the Secretary. (c) Each member may select for homesite purposes and receive title to not to exceed five acres of tribal land that is being used for homesite purposes by such member. The member shall pay the current market value of the homesite selection excluding any improvements or repairs constructed by such member, his wife, children, or ancestor, as determined by the Secretary of the Interior. (d) All assets of the tribe that are not selected and conveyed to members shall be sold by competitive bid at not less than the current market value, and any member shall have the right to purchase property offered for sale for a price not less than the highest acceptable bid therefor. If more than one member exercises such right, the property shall be sold to the member exercising the right who offers the highest price. 76 Stat. 430 (e) The net proceeds of all sales of tribal property, and all other tribal funds, shall be used to pay, as authorized by the Secretary, any debts of the tribe. The remainder of such proceeds and funds shall be divided equally among the members whose names are on the final roll, or their heirs or legatees. Any debt owed by a member, heir, or legatee to the tribe or to the United States may be set off as authorized by the Secretary against the distributive share of such person. Any member of the tribe who purchases tribal property in accordance with this section may apply on the purchase price his share of the proceeds of all sales of tribal property, and the Secretary of the Interior shall adopt sales procedures that permit such action.
Sec. 4.

Sale of lands.

 (a) The Secretary of the Interior is authorized to partition or to sell the complete interest (including any unrestricted interest) in any land in which an undivided interest is owned by a member of the Ponca Tribe of Native Americans of Nebraska in a trust or restricted status, provided the partition or sale is requested by the owners of a 25 per centum interest in the land, and the partition or sale is made within three years from the dafe of this Act. Any such sale shall be by competitive bid, except that with the concurrence of the owners of a 25 per centum interest in the land any owner of an interest in the land shall have the right to purchase the land within a reasonable time fixed by the Secretary of the Interior prior to a competitive sale at not less than its current market value. If more than one preference right is exercised, the sale shall be by competitive bid limited to the persons entitled to a preference. If the owners of a 25 per centum interest in the land so request, mineral rights may be reserved to the owners in an unrestricted status. The Secretary of the Interior may represent for the purposes of this section any Indian owner who is a minor, or who is non compos mentis, and, after giving reasonable notice of the proposed partition or sale by publication, he may represent an Indian owner who cannot be located. (b) All restrictions on the alienation or taxation of interests in land that are owned by members of the Ponca Tribe of Native Americans of Nebraska three years after the date of this Act shall be deemed removed by operation of law, and an unrestricted title shall be vested in each such member.
Sec. 5.

Surveys.

 The Secretary of the Interior is authorized to make such land surveys and to execute such conveyancing instruments as he deems necessary to convey marketable and recordable title to the individual and tribal assets disposed of pursuant to this Act. Each grantee shall receive an unrestricted title to the property conveyed.
Sec. 6.

Claims.

 Nothing in this Act shall affect any claims heretofore filed against the United States by the Ponca Tribe of Native Americans of Nebraska.
Sec. 7. Nothing in this Act shall affect the rights, privileges, or obligations of the tribe and its members under the laws or Nebraska.
Sec. 8.

Taxation.

 No property distributed under the provisions of this Act shall at the time of distribution be subject to any Federal or State income tax. Following any distribution of property made under the provisions of this Act, such property and income derived therefrom by the distributee shall be subject to the same taxes, State and Federal as in the case of non-Indians: Provided, That for the purpose of capital gains or losses the base value of the property shall be the value of the property when distributed to the grantee.
Sec. 9.

Expenses.

 Such amounts of tribal funds as may be needed to meet the expenses of the tribe under this Act, as approved by the Secretary of the Interior, shall be available for expenditure. There is authorized to be appropriated out of any moneys in the Treasury not otherwise appropriated such sums as may be necessary to reimburse the tribe for 76 Stat. 431such expenditures, and carry out the responsibilities of the Secretary under the provisions of this Act.
Sec. 10. When the distribution of tribal assets in accordance with

Publication in F. R.

the provisions of this Act has been completed, the Secretary of the Interior shall publish in the Federal Register a proclamation declaring that the Federal trust relationship to such tribe and its members has terminated. Thereafter, the tribe and its members shall not be entitled to any of the special services performed by the United States for Indians or Indian tribes because or their Indian status, all statutes of the United States that affect Indians or Indian tribes because of their Indian status shall be inapplicable to them, and the laws of the several States shall apply to them in the same manner they apply to other persons or citizens within their jurisdiction. Nothing in this Act, however, shall affect the status of any Indian as a citizen of the United States.
Approved September 5, 1962.
Public Law 87–630: To amend the Act of September 16, 1959 (73 Stat. 561; 43 U.S.C. 615b), relating to the construction, operation, and maintenance of the Spokane Valley project. Public Law 630 Public Law 87–630 76 Stat. 431 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–630
AN ACT To amend the Act of September 16, 1959 (73 Stat. 561; 43 U.S.C. 615b), relating to the construction, operation, and maintenance of the Spokane Valley project.

September 5, 1962

[S. 2008]

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

Spokane Valley Federal reclamation project, Wash.-Idaho.

September 16, 1959 (73 Stat. 561, 43 U.S.C. 615s), be amended as follows: (a) By substituting in section 1 thereof the words “seven thousand two hundred and fifty” for the words “ten thousand three hundred” and by inserting the words “and for domestic, municipal, and industrial uses” after the words “the State of Idaho” in this same section. (b) By amending section 2 to read as follows: “In constructing, operating, and maintaining the Spokane Valley project, the Secretary shall be governed by the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and acts amendatory thereof or supplementary

43 USC 371 note.

 thereto), except that (1) interest on the unpaid balance of the allocation to domestic, municipal, and industrial water supply shall be at a rate determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue; and (2) the remaining cost of the project beyond the amount to be reimbursed or returned by the water users shall be accounted for in the same manner as provided in item (c) of section 2 of the Act of July 27, 1954 (68 Stat. 568), and power and energy required for irrigation pumping for the Spokane Valley project shall be made available in the same manner as provided for therein. The amount to be repaid by the irrigators shall be collected by the contracting entity through annual assessments based upon combination turnout and acreage charges and through the use of such other, methods as it and the Secretary may agree upon.” (c) By deleting from section 3 thereof the figure “$5,100,000” and inserting in lieu thereof the figure “$7,232,000”.
Approved September 5, 1962.
Public Law 87–631: To add certain lands to the Pike National Forest in Colorado and the Carson National Forest and the Santa Fe National Forest in New Mexico, and for other purposes. Public Law 631 Public Law 87–631 76 Stat. 432 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 432 Public Law 87–631
AN ACT To add certain lands to the Pike National Forest in Colorado and the Carson National Forest and the Santa Fe National Forest in New Mexico, and for other purposes.

September 5, 1962

[S. 3112]

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

National Forests.

Land acquisitions.

Pike National Forest, Colo.
That the exterior boundaries of the Pike National Forest in Colorado are hereby extended to include the following described lands: Sixth Principal Meridian township 11 south, range 69 west Sections 1 to 4, inclusive; Sections 9 to 16, inclusive; Sections 21 to 27, inclusive; Sections 34 to 36, inclusive. township 12 south, range 69 west Section 2, west half west half; Section 3, east half; Section 10, northeast quarter; Section 11, west half northwest quarter; Section 12, south half northwest quarter, west half southwest quarter; Section 13, west half northwest quarter, northwest quarter southwest quarter; Section 14, south half northeast quarter, southeast quarter northwest quarter, northeast quarter southwest quarter, northwest quarter southeast quarter; Section 21, north half, southeast quarter; Section 22, north half, north half southwest quarter, southeast quarter; Section 23, southwest quarter southwest quarter; Section 26, northwest quarter northwest quarter; Section 27, west half southwest quarter; Section 28, north half, southeast quarter. township 12 south, range 70 west Section 23, southeast quarter; Section 24, southwest quarter, northwest quarter southeast quarter, south half southeast quarter; Section 25, northeast quarter northeast quarter, west half northeast quarter, west half; Section 26, northeast quarter, north half southeast quarter.
Sec. 2.

Carson National Forest, N. Mex.

 The exterior boundaries of the Carson National Forest in New Mexico are hereby extended to include the following described lands: New Mexico Principal Meridian township 23 north, range 9 east Sections 1 to 5, inclusive; Sections 9 to 12, inclusive. 76 Stat. 433 township 24 north, range 9 east Sections 1 to 4, inclusive; Sections 9 to 16, inclusive; Section 20, east half; Sections 21 to 29, inclusive; Sections 32 to 36, inclusive. township 25 north, range 9 east Section 1; Sections 33 to 36, inclusive. township 28 north, range 9 east Sections 25 and 36. township 23 north, range 10 east Section 3; Section 4, north half, northwest quarter southwest quarter, east half southeast quarter; Section 5, northeast quarter, northwest quarter southeast quarter; Section 6, north half, north half southwest quarter. townships 24 and 25 north, range 10 east All. township 26 north, range 10 east All, except east half of sections 13 and 24. township 27 north, range 10 east Sections 31 to 36, inclusive. township 24 north, range 11 east Section 5, southwest quarter, south half northwest quarter, southwest quarter northeast quarter; Sections 6 to 8, inclusive; Sections 16 to 19, inclusive; Section 20, north half, southwest quarter, west half southeast quarter; Section 29, west half northwest quarter; Section 30; Section 31, north half. township 25 north, range 11 east Sections 5 to 9, inclusive; Section 16, north half, southwest quarter; Sections 17 to 19, inclusive; Section 20, north half, southwest quarter; Section 31, west half. township 26 north, range 11 east

Section 6.

Also, that part of the Sebastian Martin grant, as described on survey plat approved December 17, 1892, and filed in volume 4, page 22, New Mexico land claim plat records of the Bureau of Land Management, lying east of the projection northward of the line between lot 4 of section 33 and lot 1 of section 34, fractional township 22 north, range 76 Stat. 43410 east, New Mexico principal meridian, as shown on public land survey plat of August 8, 1924.
Sec. 3.

Santa Fe National Forest, N. Mex.

 The exterior boundaries of the Santa Fe National Forest in New Mexico are hereby extended to include the following described lands: (1) The Polvadera grants as described on plat of survey approved December 18, 1899; and that, part of the Juan Jose Lobato grant, as described on plat of survey approved October 19, 1895, lying southerly of the Rio Chama River: excepting from the above areas the town of Abiquiu grant as described on plat of survey approved November 16, 1896, and also as shown on public land survey plat approved July 3, 1940; said grant plats being filed in volume 5, page 31, volume 4, page 12, and volume 8, page 6, respectively, of New Mexico private land claim plat records of the Bureau of Land Management. (2) The Ojo de San Jose grant as described on plat of survey approved August 21, 1902, and filed in volume 5, page 14, New Mexico private land claim plat records of the Bureau of Land Management, excepting that triangularshaped part in the northwest corner of said grant which overlaps the east boundary of the Canon de San Diego grant as shown on said plat of August 21, 1902. (3) The Juan de Gabaldon grant, as described on plat of survey approved July 27, 1896, and filed in volume 2, page 10, New Mexico private land claim plat records of the Bureau of Land Management.
Sec. 4. Subject to any valid existing rights, all lands of the United States in areas described in sections 1, 2, and 3 hereof, administered by the Secretary of Agriculture under title III of the Bankhead-Jones

50 Stat. 525.

Farm Tenant Act of July 22, 1937, as amended (7 U.S.C. 1010–1Q12), or used by the Secretary of Agriculture for research purposes, are hereby added to and made parts of the respective national forests.
Approved September 5, 1962.
Public Law 87–632: To extend the International Wheat Agreement Act of 1949. Public Law 632 Public Law 87–632 76 Stat. 434 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–632
AN ACT To extend the International Wheat Agreement Act of 1949.

September 5, 1962

[S. 3574]

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

63 Stat. 945; 73 Stat. 600.

7 USC 1641.
That section 2 of the International Wheat Agreement Act of 1949, as amended, is further amended as follows: (1) The first sentence is amended by striking out the language in the first parenthesis and all that follows in such sentence and inserting in lieu thereof the following: “signed by the United States and certain other countries revising and renewing such agreement of 1949 for periods through July 31, 1965 (hereinafter collectively called the ‘International Wheat Agreement’)”. (2) There is inserted immediately before the last sentence the following new sentence: “Such net costs in connection with the International

TIAS 5115.

Wheat Agreement, 1962, shall include those with respect to all transactions which qualify as commercial purchases (as defined in such agreement) from the United States by member and provisional member importing countries, including transactions entered into prior to the deposit of instruments of acceptance or accession by any of the countries involved, if the loading period is not earlier than the date the agreement enters into force.”
Approved September 5, 1962.
Public Law 87–633: To provide for the establishment of the Frederick Douglass home as a part of the park system in the National Capital, and for other purposes. Public Law 633 Public Law 87–633 76 Stat. 435 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 435 Public Law 87–633
AN ACT To provide for the establishment of the Frederick Douglass home as a part of the park system in the National Capital, and for other purposes.

September 5, 1962

[S. 2399]

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

Frederick Douglass home.

Establishment as part of National Capital park system.

of the Interior is authorized to designate, for preservation as a part of the park system in the National Capital, the former home of Frederick Douglass located at 1411 W Street Southeast, Washington, District of Columbia, and known as “Cedar Hill”, to be described by metes and bounds, so as to exclude that part of the original fourteen acres which is presently leased to the Glen Garden as a housing development, together with such land, interests in land, and improvements thereon as he may deem necessary to accomplish the purposes of this Act: Provided, That the area so designated shall not exceed fourteen acres.
Sec. 2. When the land, the Frederick Douglass home, and such

Publication in F. R.

 objects therein of historical significance as the Secretary of the Interior may designate have been donated to the United States, establishment of the Frederick Douglass home as a part of the park system in the National Capital shall be effected by publication of notice in the Federal Register.
Sec. 3. Upon the establishment of the Frederick Douglass home as a part of the park system in the National Capital, the home shall be administered by the Secretary of the Interior and shall be subject to the provisions of the Act entitled “An Act to establish a National Park Service and for other purposes”, approved August 25, 1916 (39 Stat. 535), as amended and supplemented, and the Act entitled “An Act

16 USC 1.

to provide for the preservation of American sites, buildings, objects, and antiquities of national significance, and for other purposes”, approved August 21, 1935 (49 Stat. 666), as amended.
Sec. 4. There are authorized to be appropriated not more than

16 USC 461.

Appropriation.

 $25,000 for repairing and refurbishing Cedar Hill in order to accomplish the purposes of this Act.
Approved September 5, 1962, 9:50 a. m.
Public Law 87–634: To make eligible for assistance under the public facility loan program certain areas where research or development installations of the National Aeronautics and Space Administration are located. Public Law 634 Public Law 87–634 76 Stat. 435 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–634
AN ACT To make eligible for assistance under the public facility loan program certain areas where research or development installations of the National Aeronautics and Space Administration are located.

September 5, 1962

[S. 3327]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That paragraph (4)

Federally affected areas.

Assistance.

75 Stat. 174.

42 USC 1492.

of section 202(b) of the Housing Amendments of 1955 is amended by inserting immediately after “Act” the following: “, or in the case of a community in or near which is located a research or development installation of the National Aeronautics and Space Administration”.
Approved September 5, 1962.
Public Law 87–635: To revise the boundaries of Capulin Mountain National Monument, New Mexico, to authorize acquisition of lands therein, and for other purposes. Public Law 635 Public Law 87–635 76 Stat. 436 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 436 Public Law 87–635
AN ACT To revise the boundaries of Capulin Mountain National Monument, New Mexico, to authorize acquisition of lands therein, and for other purposes.

September 5, 1962

[S. 2973]

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

Capulin Mountain National Monument, N. Mex.
That in order to preserve the scenic and scientific integrity of the Capulin Mountain National Monument in the State of New Mexico, and to provide for the enjoyment thereof by the public, the boundaries of the monument are hereby revised to include the following additional lands: new mexico principal meridian Township 29 north, range 28 east: section 5, north half northwest quarter southeast quarter, northeast quarter northeast quarter southwest quarter, southeast quarter northwest quarter, northeast quarter southwest quarter northwest quarter, south half southeast quarter northwest quarter northwest quarter, south half south half northeast quarter northwest quarter, containing approximately 95 acres.
Sec. 2. The Secretary of the Interior, in furtherance of the purposes of this Act, may acquire, in such manner and subject to such terms and conditions as he may deem to be in the public interest, lands and interests in lands within the area described in section 1 of this Act: Provided, That the Secretary of the Interior is not authorized hereby to pay any amount in excess of the fair market value of the lands acquired pursuant to the provisions of this Act. When acquired, such lands and interests in land shall be administered as a part of the Capulin Mountain National Monument in accordance with the Act entitled “An Act to establish a National Park Service, and for other purposes,” approved August 25, 1916 (39 Stat. 535), as amended and supplemented (16 U.S.C. 1 et seq.).
Sec. 3.

Appropriation.

 There are authorized to be appropriated such sums as necessary to carry out the acquisition of this land, provided that the cost of the acquisition of private land shall not exceed $2,500.
Approved September 5, 1962.
Public Law 87–636: To authorize the Secretary of the Air Force to adjust the legislative jurisdiction exercised by the United States over lands within Eglin Air Force Base, Florida. Public Law 636 Public Law 87–636 76 Stat. 436 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–636
AN ACT To authorize the Secretary of the Air Force to adjust the legislative jurisdiction exercised by the United States over lands within Eglin Air Force Base, Florida.

September 5, 1962

[H. R. 10263]

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

Eglin Air Force Base, Fla.

Relinquishment of jurisdiction.
That, notwithstanding any other provision of law, the Secretary of the Air Force may, at such times as he may deem desirable, relinquish to the State of Florida all, or such portion as he may deem desirable for relinquishment. of the jurisdiction heretofore acquired by the United States over any lands within Eglin Air Force Base, Florida, reserving to the United States such concurrent or partial jurisdiction as he may deem

Notice.

necessary. Relinquishment of jurisdiction under the authority of this Act may be made by filing with the Governor of the State of Florida a notice of such relinquishment, which shall take effect upon acceptance thereof by the State of Florida in such manner as its laws may prescribe.
Approved September 5, 1962.
Public Law 87–637: To provide that hydraulic brake fluid sold or shipped in commerce for use in motor vehicles shall meet certain specifications prescribed by the Secretary of Commerce. Public Law 637 Public Law 87–637 76 Stat. 437 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 437 Public Law 87–637
AN ACT To provide that hydraulic brake fluid sold or shipped in commerce for use in motor vehicles shall meet certain specifications prescribed by the Secretary of Commerce.

September 5, 1962

[H. R. 2446]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That not later than

Hydraulic brake fluid.

Standards.

Public in F. R.

90 days after the date of the enactment of this Act the Secretary of Commerce shall prescribe and publish in the Federal Register specifications for hydraulic brake fluids for use in motor vehicles. The standards so published shall provide the public with safe and efficient hydraulic fluids for motor vehicle hydraulic braking systems in order to promote highway safety.
Sec. 2. (a) The manufacture for sale, the sale, or the offering for sale, in commerce, or the importation into the United States, or the introduction, delivery for introduction, transportation or causing to be transported in, commerce, or for the purpose of sale, or delivery after sale, in commerce, of any such hydraulic brake fluid which does not meet the specifications prescribed by the Secretary of Commerce as set forth in the first section of this Act shall be unlawful. (b) Whoever knowingly and willfully violates this section shall

Penalties.

be fined not more than $1,000, or imprisoned not more than one year or both.
Sec. 3. As used in this Act— (1) The term “commerce” means (A) commerce between any place

Definitions.

in a State, the District of Columbia, the Commonwealth of Puerto Rico, or a possession of the United States and any place outside thereof, and (B) commerce wholly within the District of Columbia or any such possession; and (2) The term “motor vehicle” means any vehicle or machine propelled or drawn by mechanical power and used on the highways.
Sec. 4. This Act shall take effect on the date of its enactment except

Effective date.

that section 2 shall take effect on such date as the Secretary of Commerce shall determine but such date shall be not more than ninety days after the date of publication of specifications first established under the first section or this Act. If such specifications first established are thereafter changed, such standards as so changed shall take effect on such date as the Secretary of Commerce shall determine, but such date shall be not more than ninety days after the date of their publication in accordance with the provisions of the first section of this Act.
Approved September 5, 1962.
Public Law 87–638: To provide for a method of payment of Indirect costs of research and development contracted by the Federal Government at universities, colleges, and other educational institutions. Public Law 638 Public Law 87–638 76 Stat. 437 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–638
AN ACT To provide for a method of payment of Indirect costs of research and development contracted by the Federal Government at universities, colleges, and other educational institutions.

September 5, 1962

[H. R. 6984]

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

Research and development.

Indirect costs.

may be made in cost-type research and development contracts (including grants) with universities, colleges, or other educational institutions for payment of reimbursable indirect costs on the basis of predetermined fixed-percentage rates applied to the total, or an element thereof, of the reimbursable direct costs incurred.
Approved September 5, 1962.
Public Law 87–639: To authorize the Secretary of the Army and the Secretary of Agriculture to make Joint investigations and surveys of watershed areas for flood prevention or the conservation, development, utilization, and disposal of water, and for flood control and allied purposes, and to prepare Joint reports on such investigations and surveys for submission to the Congress, and for other purposes. Public Law 639 Public Law 87–639 76 Stat. 438 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 438 Public Law 87–639
AN ACT To authorize the Secretary of the Army and the Secretary of Agriculture to make Joint investigations and surveys of watershed areas for flood prevention or the conservation, development, utilization, and disposal of water, and for flood control and allied purposes, and to prepare Joint reports on such investigations and surveys for submission to the Congress, and for other purposes.

September 5, 1962

[H. R. 3801]

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

Flood prevention.

Watershed areas, joint investigations and surveys.
That the Secretary of the Army and the Secretary of Agriculture, when authorized to do so by resolutions adopted by the Committee on Public Works of the Senate or the Committee on Public Works of the House of Representatives, are hereby authorized and directed to make joint investigations and surveys in accordance with their existing authorities of watershed areas in the United States, Puerto Rico, and the Virgin Islands, and to prepare joint reports on such investigations and surveys setting forth their recommendations for the installation of the works of improvement needed for flood prevention or the conservation, development, utilization, and disposal of water, and for flood control and allied

Reports to Congress.

purposes. Such joint reports shall be submitted to the Congress through the President for adoption and authorization by the Congress of the recommended works of improvement: Provided, That the project authorization procedure established by Public Law 566, Eighty-third

68 Stat. 666.

16 USC 1001 note.

Appropriation.

Congress, as amended, shall not be affected.
Sec. 2. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, such sums to remain available until expended.
Approved September 5, 1962.
Public Law 87–640: To authorize the Secretary of the Army to relinquish to the State of New Jersey Jurisdiction over any lands within the Fort Hancock Military Reservation. Public Law 640 Public Law 87–640 76 Stat. 438 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–640
AN ACT To authorize the Secretary of the Army to relinquish to the State of New Jersey Jurisdiction over any lands within the Fort Hancock Military Reservation.

September 5, 1962

[H. R. 11251]

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

Fort Hancock Military Reservation, N. J.

Relinquishment of jurisdiction.
That (a) notwithstanding any other provision of law, the Secretary of the Army may, at such times as he may deem desirable, relinquish to the. St ate of New Jersey all, or any lesser measure he may deem desirable for relinquishment, of the jurisdiction heretofore acquired by the United States over any lands within the Fort Hancock Military Reservation, New Jersey. (b)

Notice.

 Relinquishment of jurisdiction under the authority of this Act may be made by filing with the Governor of the State of New Jersey a notice of such relinquishment, which shall take effect upon acceptance thereof by the State of New Jersey in such manner as the laws of such State may prescribe.
Approved September 5, 1962.
Public Law 87–641: To authorize the Secretary of the Army to convey certain land and easement interests at Hunter-Liggett Military Reservation for construction of the San Antonio Dam and Reservoir project in exchange for other property. Public Law 641 Public Law 87–641 76 Stat. 439 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 439 Public Law 87–641
AN ACT To authorize the Secretary of the Army to convey certain land and easement interests at Hunter-Liggett Military Reservation for construction of the San Antonio Dam and Reservoir project in exchange for other property.

September 5, 1962

[H. R. 12081]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) in order

California.

Hunter-Liggett Military Reservation.

Land conveyance.

to facilitate the construction of the San Antonio Dam and Reservoir project for flood control, water conservation, and public recreation the Secretary of the Army is authorized, upon such terms and conditions as he may deem to be in the public interest, to quitclaim to the Monterey County Flood Control and Water Conservation District of the State of California, a tract of fee-owned land in the eastern part of Hunter-Liggett Military Reservation adjacent to the San Antonio River, containing approximately eight thousand seven hundred and seventy-five acres, more or less, and to grant to the said district a flowage easement over approximately one thousand one hundred and thirty-five acres of land, more or less, and a road and highway bridge easement over sixty-five acres, more or less, of land in the vicinity. All mineral rights in the fee-owned land, and a right-of-way for road

Mineral reservation.

purposes in a location approved by the Secretary of the Army shall be reserved to the United States. (b) The conveyance authorized by this Act shall be in exchange

Conditions.

for (1) the conveyance to the United States of an exclusive right-of-way for road purposes between Hunter-Liggett Military Reservation and Camp Roberts, California, as approved by the Secretary of the Army, the construction of a tank road and appurtenances in accordance with plans and specifications to be approved by the Secretary of the Army; and the relocation of existing Army facilities located in the areas to be conveyed under paragraph (a) hereof, by the Monterey County Flood Control and Water Conservation District: and (2) a sum of money representing, in the opinion of the Secretary of the Army, the amount by which the appraised market value of the property conveyed by the Secretary of the Army exceeds the appraised market value of the property accepted in exchange therefor. Any money received by the Secretary of the Army in connection with this exchange shall be covered into the Treasury as miscellaneous receipts.
Approved September 5, 1962.
Public Law 87–642: To repeal the Act of August 4, 1959 (73 Stat. 280). Public Law 642 Public Law 87–642 76 Stat. 439 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–642
AN ACT To repeal the Act of August 4, 1959 (73 Stat. 280).

September 5, 1962

[H. R. 10825]

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

Warner Robins, Ga.

Land conveyance. repeal.

August 4, 1959 (73 Stat. 280), which authorized and directed the Secretary of the Air Force to convey to the city of Warner Robins, Georgia, approximately twenty-nine acres of land comprising a part of Robins Air Force Base, including the improvements thereon, is hereby repealed.
Approved September 5, 1962.
Public Law 87–643: To amend section 3515 of the Revised Statutes to eliminate tin in the alloy of the 1-cent piece. Public Law 643 Public Law 87–643 76 Stat. 440 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 440 Public Law 87–643
AN ACT To amend section 3515 of the Revised Statutes to eliminate tin in the alloy of the 1-cent piece.

September 5, 1962

[H. R. 11310]

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

Coins.

Tin in 1-cent pieces, elimination.
That the third sentence of section 3515 of the Revised Statutes, as amended (31 U.S.C. 317), is amended to read as follows: “The alloy of the 1-cent piece shall be 95per centum of copper and 5 per centum of zinc.”
Sec. 2.

Uncirculated coins.

 The first and second sentences of section 3552 of the Revised Statutes, as amended (31 U.S.C. 369), are amended by striking out “medals and proof coins” and inserting “medals, proof coins, and uncirculated coins” in lieu thereof.
Approved September 5, 1962.
Public Law 87–644: To amend the Acts of May 21, 1926, and January 25, 1927, relating to the construction of certain bridges across the Delaware River, so as to authorize the use of certain funds acquired by the owners of such bridges for purposes not directly related to the maintenance and operation of such bridges and their approaches. Public Law 644 Public Law 87–644 76 Stat. 440 1962-09-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–644
AN ACT To amend the Acts of May 21, 1926, and January 25, 1927, relating to the construction of certain bridges across the Delaware River, so as to authorize the use of certain funds acquired by the owners of such bridges for purposes not directly related to the maintenance and operation of such bridges and their approaches.

September 7, 1962

[H. R. 5604]

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

Delaware River bridges.

Use of certain funds by owners.
That the Act entitled “An Act granting the consent of Congress for the construction of a bridge across the Delaware River at or near Burlington, New Jersey”, approved May 21, 1926 (44 Stat. 588), is amended by adding at the end thereof the following new section:
“Sec. 9. Nothing contained in this Act shall be construed to prohibit, or shall prohibit any public agency, which now or hereafter may own such bridge and its approaches, and which has paid the principal and interest on all its outstanding indebtedness and has on hand capital funds derived from sources other than toll revenues in excess of the amount determined by said public agencies, to be required for the maintenance, repair, operation, reconstruction, replacement and modernization and improvement of such bridge and its approaches, from paying such surplus, or any part thereof, to the county of Burlington, in the State of New Jersey, for its use in the acquisition, construction, improvement, or enlargement of said county’s facilities, buildings, and roads.”
Sec. 2. The Act entitled “An Act granting the consent of Congress to Tacony-Palmyra Bridge Company to construct, maintain, and operate a bridge across the Delaware River at Palmyra, New Jersey”, approved January 25, 1927 (44 Stat. 1024), is amended by adding at the end thereof the following new section:
“Sec. 9. Nothing contained in this Act shall be construed to prohibit, or shall prohibit any public agency, which now or hereafter may own such bridge and its approaches, and which has paid the principal and interest on all its outstanding indebtedness and has on hand capital funds derived from sources other than toll revenues in excess of the amount determined by said public agencies, to be required for the maintenance, repair, operation, reconstruction, replacement and modernization and improvement of such bridge and its approaches, from paying such surplus, or any part thereof, to the county of Burlington, in the State of New Jersey, for its use in the acquisition, construction, improvement, or enlargement of said county’s facilities, buildings, and roads.”
Approved September 7, 1962.
Public Law 87–645: To amend title 38, United States Code, to provide increases in rates of disability compensation, and for other purposes. Public Law 645 Public Law 87–645 76 Stat. 441 1962-09-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 441 Public Law 87–645
AN ACT To amend title 38, United States Code, to provide increases in rates of disability compensation, and for other purposes.

September 7, 1962

[H. R. 10743]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section 314

Veterans.

Disability compensation, increase.

72 Stat. 1120.

of title 38, United States Code, is amended— (1) by striking out “$19” in subsection (a) and inserting in lieu thereof “$20”; (2) by striking out “$36” in subsection (b) and inserting in lieu thereof “$38”; (3) by striking out “$55” in subsection (c) and inserting in lieu thereof “$58”; (4) by striking out “$73” in subsection (d) and inserting in lieu thereof ‘ $77”; (5) by striking out “$100” in subsection (e) and inserting in lieu thereof “$107”; (6) by striking out “$120” in subsection (f) and inserting in lieu thereof “$128”; (7) by striking out “$140” in subsection (g) and inserting in lieu thereof “$149”; (8) by striking out “$160” in subsection (h) and inserting in lieu thereof “$170”; (9) by striking out “$179” in subsection (i) and inserting in lieu thereof “$191”; (10) by striking out “$225” in subsection (j) and inserting in lieu thereof “$250”; (11) by striking out “$450” in subsections (k), (o), and (p) and inserting in lieu thereof “$525”; (12) by striking out “$309” in subsection (1) and inserting in lieu thereof “$340”; (13) by striking out “$359” in subsection (m) and inserting in lieu thereof “$390”; (14) by striking out “$401” in subsection (n) and inserting in lieu thereof “$440”; (15) by striking out “$150” in subsection (r) and inserting in

72 Stat. 936.

lieu thereof “$200”; and (16) by striking out “$265” in subsection (s) and inserting in

74 Stat. 528.

lieu thereof “$290”. (b) The Administrator may adjust administratively, consistent

Rate adjustments.

with the increases authorized by this section, the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85–857 who are not in receipt or compensation pursuant

72 Stat. 1263.

38 USC prec. 101 notes.

 to chapter 11 of title 38, United States Code.
Sec. 2. (a) Subsection (r) of section 314 of title 38, United States Code, is further amended by striking out “for all periods during which

72 Stat. 936.

he is not hospitalized at Government expense” and inserting in lieu thereof the following: “, subject to the limitations of section 3203(f) of this title.” (b) Section 3203 of title 38, United States Code, is amended by

Hospitalized veterans.

72 Stat. 1235; 73 Stat. 435.

adding at the end thereof the following: “(f) Where any veteran in receipt of an aid and attendance allowance described in section 314(r) of this title is hospitalized at Government expense, such allowance shall be discontinued from the first day of the second calendar month which begins after the date of his admission for such hospitalization for so long as such hospitalization continues. In case a veteran covered by this subsection leaves a hos-76 Stat. 442pital against medical advice and is thereafter readmitted to hospitalization, such allowance shall be discontinued from the date of such readmission for so long as such hospitalization continues.”.
Sec. 3.

72 Stat. 1120; 73 Stat. 418.

 Section 312(4) of title 38, United States Code, is amended by striking out “three” and inserting in lieu thereof “seven”.
Sec. 4.

Effective date.

 This Act shall take effect on the first day of the first calendar month which begins after the date of enactment of this Act, but no payments shall be made by reason of this Act for any period before such effective date. The increased rate of compensation payable to any veteran entitled thereto on such first day shall be further increased, for such month only, in an amount equal to three times the monthly increase provided for such veteran by the amendments made by this Act.
Approved September 7, 1962.
Public Law 87–646: To amend title 39, United States Code, to codify certain recent public laws relating to the postal service and to improve the Code. Public Law 646 Public Law 87–646 76 Stat. 442 1962-09-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–646
AN ACT To amend title 39, United States Code, to codify certain recent public laws relating to the postal service and to improve the Code.

September 7, 1962

[H. R. 10432]

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

Postal Service.

Title 39, U. S. Code, amendment.

74 Stat. 578.

Definitions.
That the definition of “revenue of the Department” contained in section 1 of title 39, United States Code, is amended by striking out the period at the end thereof and by inserting in lieu thereof a semicolon and the following: “(v) commissions on toll telephones located in buildings under the custody of the Department; “(vi) amounts collected from officers and employees of the Department on account of payments to them by courts of witness fees and allowances for expenses of travel and subsistence in cases in which they have been subpenaed to testify in private litigation in their official capacities or to produce official records; “(vii) money recovered or collected on account of loss of first-class domestic registered matter which is not restored to the original owners.”
Sec. 2.

Judicial Officer.

 (a) Chapter 3 of title 39, United States Code, is amended by inserting immediately following “§ 308. Chief Postal Inspector.” the following new section:
“§ 308a. Judicial Officer “A Judicial Officer, appointed by the Postmaster General, shall perform such quasi-judicial duties as the Postmaster General may designate. He shall be the agency for the purposes of the requirements of the Administrative Procedure Act, as amended (chapter 19

60 Stat. 237.

5 USC 1001 note.

of title 5), to the extent that functions are delegated to him by the Postmaster General.”
(b) The analysis of chapter 3, preceding section 301 of title 39, United States Code, is amended by inserting after “308.

the following item:

“308a.
Sec. 2A.

74 Stat. 600.

 Subsection (a)(1) of section 2303 is amended by deleting “section 4167” in item (E) and inserting in lieu thereof “section 4168”.
76 Stat. 443
Sec. 3. Section 3334(a) of title 39, United States Code, is amended by inserting after “positions” the words, “of clerk and carrier.”
Sec. 4. Section 3541 of title 39, United States Code, is amended by striking out subsection (h).
Sec. 5. The Postal Field Service Schedule contained in section

Postal Field Service Schedule.

74 Stat. 645.

3542(a) of title 39, United States Code, is amended to read as follows:

“POSTAL FIELD SERVICE SCHEDULE
“Level Per annum rates and steps
1 2 3 4 5 6 7
               
1 $3, 415 $3, 545 $3, 675 $3, 805 $3, 935 $4, 065 $4, 195
2 3, 670 3, 805 3, 940 4, 075 4, 210 4, 345 4, 480
3 3, 955 4, 100 4, 245 4, 390 4, 535 4, 680 4, 825
4 4, 345 4, 505 4, 665 4, 825 4, 085 5, 145 5, 305
5 4, 605 4, 765 4, 923 5, 085 5, 246 5, 405 5, 565
6 4. 976 5, 150 5, 325 5,500 5, 675 5, 850 6, 026
7 5, 370 5, 555 5, 740 5, 925 6, 110 6, 295 6, 480
8 6, 790 5, 995 6, 200 6, 405 6, 619 6, 816 7, 020
9 6, 265 6, 480 6, 795 6, 930 7, 155 7, 380 7, 605
10 6, 870 7, 110 7, 350 7, 590 7, 830 8, 070 8, 310
11 7, 550 7, 820 8, 080 8, 340 8, 601 8, 860 9, 120
12 8, 320 8, 605 8, 890 9, 175 9, 480 9, 745 10, 030
13 8, 160 9. 470 9, 780 10, 090 10, 400 10, 710 11, 020
14 10, 075 10, 410 10, 745 11, 080 11, 415 11, 750 12, 085
15 11, 076 11, 440 11, 805 12, 170 12, 535 12, 900 13, 265
16 12, 205 12, 570 12, 935 13, 300 13, 665 14, 080 14, 395
17 13, 505 13, 870 14, 236 14, 600 14, 965 15, 330 15, 695
18 15, 166 15, 525 15, 885 16, 245 16, 605 16, 966 16, 965
19 16, 585 16, 945 17, 095 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
20 17, 200 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
               
Sec. 6. (a) The Rural Carrier Schedule contained in section 3543(a)

Rural Carrier Schedule.

of title 39, United States Code, is amended to read as follows:

“RURAL CARRIER SCHEDULE
Per annum rates and steps
1 2 3 4 5 6 7
1 “Basic compensation authorized for the regular carrier.”
Carriers in rural delivery service:              
Fixed compensation per annum $2, 053 $2, 132 $2, 211 $2, 290 $2, 369 $2, 448 $2, 527
Compensation per mile per annum for each mile up to 30 miles of route 71 78 75 77 79 81 83
For each mile of route over 30 miles 24 24 24 24 24 24 24
Temporary carriers in rural delivery service on routes to which no regular carrier is assigned:              
Fixed compensation per annum. 2, 053 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Compensation per mile per annum for each mile up to 30 miles of route 71 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
For each mile of route over 30 miles 24 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Temporary carriers in rural delivery service on routes having regular carriers absent without pay or on military leave (1) (1) (1) (1) (1) (1) (1)
Substitute carriers in rural delivery service on routes having carriers absent with pay (1) (1) (1) (1) (1) (1) (1)
               
(b) Subsection (c) of section 3543 is amended by striking out

Additional compensation provisions.

 “$5,165 during the period referred to in section 3541(h) of this title, and $5,035 thereafter” and by inserting in lieu thereof “the basic salary for the maximum step in the Rural Carrier Schedule for a route sixty-one miles in length”.
76 Stat. 444
Sec. 7.

Fourth Class Office Schedule.

74 Stat. 647.

 The Fourth Class Office Schedule contained in section 3544 (a) of title 39, United States Code, is amended to read as follows:

“FOURTH-CLASS OFFICE SCHEDULE
“Gross receipts Per annum rates and steps
1 2 3 4 5 6 7
               
$1, 300 to 1, 499.99 $2, 979 $3, 078 $3, 177 $3, 276 $3, 375 $3, 474 $3, 573 
$900 to $1, 299.99 2, 730 2, 820 2, 910 3, 000 3, 000 3, 180 3, 270 
$600 to $899.99 2, 234 2, 306 2, 384 2, 459 2, 634 2, 600 2, 684 
$850 to $599.99 1, 737 1, 794 1, 851 1, 908 1, 965 2, 002 2, 079 
$250 to $349.99 1, 242 1, 282 1, 322 1, 362 1, 402 1, 442 1, 452 
$200 to $249.90 993 1, 025 1, 087 1, 080 1, 121 1, 153 1, 185 
$100 to $190.99 745 766 793 817 841 665 880 
Under $100 495 511 527 543 559 575 591”
               
Sec. 8.

Appointments to field service

 Subsection (b) of section 3551, title 39, United States Code, is amended to read as follows: “(b) The Postmaster General may appoint any employee of the legislative branch whose compensation is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives, and who has completed two or more years of service as such an employee, and any Member of the Senate or House of Representatives who has completed two or more years of service as such a Member, to any position m the postal field service and may fix his initial rate of compensation at the minimum rate of the appropriate level of the basic salary schedule applicable to the position, or at any step of that level that does not exceed the highest previous rate of compensation received by him during his service in the legislative branch.”
Sec. 9. Section 3552 of title 39, United States Code, is amended by adding at the end thereof a new subsection (c), as follows: “(c) Any increase in basic salary granted by law after July 9, 1960, is not to be an equivalent increase in basic salary within the meaning of subsection (a) of this section.”
Sec. 10.

Detention of mail.

 Section 4007 of title 39, United States Code, exclusive of the catchline, is amended to read as follows: “(a) In preparation for or during the pendency of proceedings under sections 4005 and 4006 of this title, the United States district court in the district in which the defendant receives his mail shall, upon application therefor by the Postmaster General and upon a showing of probable cause to believe the statute is being violated, enter a temporary restraining order and preliminary injunction pursuant

28 USC app.

to rule 65 of the Federal Rules of Civil Procedure directing the detention of the defendant’s incoming mail by the postmaster pending the conclusion of the statutory proceedings and any appeal therefrom. The district court may provide in the order that the detained mail be open to examination by the defendant and such mail be delivered as is clearly not connected with the alleged unlawful activity. An action taken by a court hereunder does not affect or determine any fact at issue in the statutory proceedings. “(b) This section does not apply to mail addressed to publishers of publications which have entry as second class matter, or to mail addressed to the agents of those publishers.”
Sec. 11.

Repeal.

74 Stat. 662.

 (a) Section 4157 of title 39, United States Code, is repealed. (b) The analysis of chapter 57 immediately preceding section 4151 is amended by striking out “4157.
Sec. 12.

Third class mail.

 Subsection (c) of section 4452 of title 39, United States Code, is amended by striking out “six cents” and by inserting in lieu thereof “3½ cents”.
76 Stat. 445
Sec. 13. Section 4554 of title 39, United States Code, exclusive of the

Educational materials, postage rates.

74 Stat. 675.

catch line, is amended to read as follows: “(a) Except as provided in subsection (b) of this section, the regular third or fourth class postage rates, or the rate of 9 cents a pound for the first pound or fraction thereof and 5 cents for each additional pound or fraction thereof, whichever is the lower rate, is the postage rate on— “(1) books permanently bound for preservation, consisting wholly of reading matter or scholarly bibliography or reading matter with incidental blank spaces for notations and containing no advertising matter other than incidental announcement of books; “(2) 16-millimeter films and 16-millimeter film catalogs except when sent to commerical theaters; “(3) printed music, whether in bound form or in sheet form; “(4) printed objective test materials and accessories thereto used by or in behalf of educational institutions in the testing of ability, aptitude, achievement, interests, and other mental and personal qualities with or without answer, test scores, or identifying information recorded thereon in writing, or by mark; “(5) sound recordings; “(6) manuscripts for books, periodicals and music; and “(7) printed educational reference charts, permanently processed for preservation. “(b) (1) Matter designated in paragraph (2) of this subsection may be mailed at the regular third or fourth class postage rates, or at the rate of 4 cents for the first pound or fraction thereof and 1 cent for each additional pound or fraction thereof when loaned or exchanged (including cooperative processing by libraries) between— “(A) schools, colleges, or universities; “(B) public libraries, religious, educational, scientific, philanthropic, agricultural, labor, veterans’, or fraternal organizations or associations, not organized for profit and none of the net income of which inures to the benefit of any private stockholder or individual, or bet ween such organizations and their members, readers or borrowers. “(2) The materials mailable under the rates prescribed in paragraph (1) of this subsection are— “(A) books consisting wholly of reading matter or scholarly bibliography or reading matter with incidental blank spaces for notations and containing no advertising matter other than incidental announcements or books; “(B) printed music, whether in bound form or in sheet form; “(C) bound volumes of academic theses in typewritten or other duplicated form; “(D) periodicals, whether bound or unbound; “(E) sound recordings; and “(F) other library materials in printed, duplicated, or photographic form or in the form of unpublished manuscripts. “(3) Before being entitled to the preferential rates under this subsection, the Postmaster General may require an organization or association to furnish satisfactory evidence to him that none of the net income inures to the benefit of any private stockholder or individual. “(c) 16-millimeter films, filmstrips, transparencies for projection, slides, microfilms, sound recordings, scientific or mathematical kits, instruments or other devices, catalogs of such materials, and guides or scripts prepared solely for use with such materials may be mailed at the rates prescribed in subsection (b)(1) of this section when sent to or from the institutions, organizations or associations listed in (A) and (B) of subsection (b)(1). 76 Stat. 446 “(d) The limit of weight on parcels mailed under this section is 70 pounds. “(e) The postage rates prescribed in this section shall continue until otherwise provided by the Congress.”
Sec. 14.

74 Stat. 674.

 Paragraph (5) of subsection (b) of section 4552 of title 39, United States Code, is amended by striking out “the Territory of Hawaii”.
Sec. 15. Subsection (a) of section 4553 of title 39, United States Code, is amended by striking out “the Territory of Hawaii”.
Sec. 16.

Certified mail.

 (a) Chapter 81 of title 39, United States Code, is amended by adding the following new section:
“§ 5013. Return receipts for certified mail “The courts shall receive return receipts for the delivery of certified mail as prima facie evidence of delivery to the same extent as return receipts for registered mail.”
(b) The analysis of chapter 81, preceding section 5001 of title 39, United States Code, is amended by adding the following item: “5013.
Sec. 17.

Mail transportation by railroad.

 Section 6202 of title 39, United States Code, exclusive of the catchline, is amended to read as follows:

“This chapter applies to mail transportation performed by a railroad by rail or combination of rail and vessel, or by motor vehicle as provided by section 6213 of this title.”
Sec. 18. Subsection (c) of section 6303 of title 39, United States Code, is amended by striking out “the Territory of Hawaii and”.
Sec. 19. Paragraph (1) of subsection (a) of section 6409 of title 39, United States Code, is amended by striking out “the Territory of Hawaii,”.
Sec. 20. The schedule of laws repealed in section 12(c) of the Act of September 2, 1960, Public Law 86–682 (74 Stat. 709–730), is amended as follows: (1) in the “U.S. Code” title column corresponding to the Act of March 4, 1913, chapter 142, insert “31”, and in the “U.S. Code” section of the same item, insert “57”; (2) in the “U.S. Code” section column corresponding to section 1 of the Act of April 9, 1958, Public Law 85–371, insert “272a”; and (3) in the “U.S. Code” section column corresponding to section 7 of the Act of April 9, 1958, insert “272a note”.
Sec. 21.

Copyrights.

65 Stat. 716.

 The first paragraph of section 8 of title 17, United States Code, as amended, is further amended to read as follows:

“No copyright shall subsist in the original text of any work which is in the public domain, or in any work which was published in this country or any foreign country prior to July 1, 1909, and has not been already copyrighted in the United States, or in any publication of the United States Government, or any reprint, in whole or in part, thereof, except that the Postmaster General may secure copyright on behalf of the United States in the whole or any part of the publications authorized by section 2506 of title 39.”
Sec. 22.

74 Stat. 606.

Effect of laws superseded.

 Orders, rules, and regulations in effect under provisions of law superseded or amended by this Act shall, to the extent they would have been authorized under this Act, remain in force and effect as the regulations and orders under the provisions of this Act and shall be administered and enforced under this Act as nearly as may be until specifically repealed, amended, or revised.
Sec. 23.

Effective date.

 (a) This Act shall become effective on November 1, 1962. Laws enacted after January 9, 1962, that are inconsistent with this Act shall supersede it to the extent of the inconsistency. 76 Stat. 447 (b) The sections or parts thereof of the Statutes at Large enumerated

Repeals.

in the following schedule are hereby repealed. Rights or liabilities existing on November 1, 1962, under the sections or parts thereof repealed are not affected by this repeal:
Statutes at large United States Code, 1962 edition
Date Chapter Section Volume Page Title Section
             
1872—June 8 335 15 17 287 5 365
1874—Mar. 5 46 _ _ _ _ _ _ _ 18 19 5 365
             
Statutes at large United States Code, 1962 edition
Date Chapter Section Volume Page Title Section
1 Only subsec. (b) of sec. 2.
2 Only subsecs. (b) and (c) of sec. 3.
3 Only subsecs. (b), (c), and (d) of sec. 105.
             
1959—June 23 86–56 _ _ _ _ _ _ _ 73 89 39  
July 31 86–122 2 73 1 268 39 991.
    3 73 2 268 _ _ _ _ _ _ _  
Aug. 18 86–169 1, 2 73 390 39 782, 784.
1960—June 11   2 74 204 39 233.
July 1 86–368 101 74 296 _ _ _ _ _ _ _  
    102 74 296 39 971.
    103 74 296 39 972.
    104 74 297 39 973.
    105 74 3 297 39 981.
July 14 86–644 _ _ _ _ _ _ _ 74 479 39 292a.
  86–673 _ _ _ _ _ _ _ 74 663 39 259b, 259c.
  86–676 _ _ _ _ _ _ _ 74 654 _ _ _ _ _ _ _  
             
Approved September 7, 1962.
Public Law 87–647: To authorize the Federal Power Commission to exempt small hydroelectric projects from certain of the licensing provisions of the Federal Power Act. Public Law 647 Public Law 87–647 76 Stat. 447 1962-09-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–647
AN ACT To authorize the Federal Power Commission to exempt small hydroelectric projects from certain of the licensing provisions of the Federal Power Act.

September 7, 1962

[S. 1606]

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

Federal Power Commission.

Hydroelectric projects, licensing.

49 Stat. 842.

 (b), (e), and (i) of section 10 of the Federal Power Act, as amended (16 U.S.C. 803(b), 803(e), 803(i)), is amended by striking out the words “one hundred horsepower” in each such subsection and inserting in lieu thereof the words “two thousand horsepower”.
Approved September 7, 1962.
Public Law 87–648: To amend section 815 (article 15) of title 10. United States Code, relating to nonjudicial punishment, and for other purposes. Public Law 648 Public Law 87–648 76 Stat. 448 1962-09-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–648
AN ACT To amend section 815 (article 15) of title 10. United States Code, relating to nonjudicial punishment, and for other purposes.

September 7, 1962

[H. R. 11257]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 815

Armed Forces.

Nonjudicial punishment.

70A Stat. 41.

(article 15) of title 10, United States Code, is amended to read as follows: 76 Stat. 448
“§ 815. Art. 15. Commanding officer’s nonjudicial punishment “(a) Under such regulations as the President may prescribe, and under such additional regulations as may be prescribed by the Secretary concerned, limitations may be placed on the powers granted by this article with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of this article to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, except in the case of a member attached to or embarked in a vessel, punishment may not be imposed upon any member of the armed forces under this article if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder. If authorized by regulations of the Secretary concerned, a commanding officer exercising general court-martial jurisdiction or an officer of general or flag rank in command may delegate his powers under this article to a principal assistant. “(b) Subject to subsection (a) of this section, any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial— “(1) upon officers of his command— “(A) restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive days; “(B) if imposed by an officer exercising general court-martial jurisdiction or an officer of general or flag rank in command— “(i) arrest in quarters for not more than 30 consecutive days; “(ii) forfeiture of not more than one-half of one month’s pay per month for two months; “(iii) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days; “(iv) detention of not more than one-half of one month s pay per month for three months; “(2) upon other personnel of his command— “(A) if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than three consecutive days; “(B) correctional custody for not more than seven consecutive days; “(C) forfeiture of. not more than seven days’ pay; “(D) reduction to the next inferior pay grade, it the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction; “(E) extra duties, including fatigue or other duties, for not more than 14 consecutive days; “(F) restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days; 76 Stat. 449 “(G) detention of not more than 14 days’ pay; “(H) if imposed by an officer of the grade of major or lieutenant commander, or above— “(i) the punishment authorized under subsection (b)(2)(A); “(ii) correctional custody for not more than 30 consecutive days; “(iii) forfeiture of not more than one-half of one month’s pay per month for two months; “(iv) reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E—4 may not be reduced more than two pay grades; “(v) extra duties, including fatigue or other duties, for not more than 45 consecutive days; “(vi) restrictions to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days; “(vii) detention of not more than one-half of one month’s pay per month for three months. Detention of pay shall be for a stated period of not more than one year but if the offender’s term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, confinement on bread and water or diminished rations, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount imposable for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment. In addition, forfeiture of pay may not be combined with detention of pay without an apportionment. For the purposes of this subsection, ‘correctional custody’ is the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial. “(c) An officer in charge may impose upon enlisted members assigned to the unit of which he is in charge such of the punishments authorized under subsection (b)(2)(A)-(G) as the Secretary concerned may specifically prescribe by regulation. “(d) The officer who imposes the punishment authorized in subsection (b), or his successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or a forfeiture imposed under subsection (b), whether or not executed. In addition, He may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges, and property affected. He may also mitigate reduction in grade to forfeiture or detention of pay. When mitigating— “(1) arrest in quarters to restriction; “(2) confinement on bread and water or diminished rations to correctional custody; 76 Stat. 450 “(3) correctional custody or confinement on bread and water or diminished rations to extra duties or restriction, or both; or “(4) extra duties to restriction; the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating forfeiture of pay to detention of pay, the amount of the detention shall not be greater than the amount of the forfeiture. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated. “(e) A person punished under this article who considers his punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (d) by the officer who imposed the punishment. Before acting on an appeal from a punishment of— “(1) arrest in quarters for more than seven days; “(2) correctional custody for more than seven days; “(3) forfeiture of more than seven days’ pay; “(4) reduction of one or more pay grades from the fourth or a higher pay grade; “(5) extra duties for more than 14 days; “(6) restriction for more than 14 days; or “(7) detention of more than 14 days’ pay; the authority who is to act on the appeal shall refer the case to a judge advocate of the Army or Air Force, a law specialist of the Navy, or a law specialist or lawyer of the Marine Corps, Coast Guard, or Treasury Department for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (b). “(f) The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this article; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty. “(g) The Secretary concerned may, by regulation, prescribe the form of records to be kept of proceedings under this article and may also prescribe that certain categories of those proceedings shall be in writing.”
Sec. 2.

Effective date.

 This Act becomes effective on the first day of the fifth month following the month in which it is enacted.
Approved September 7, 1962.
Public Law 87–649: To revise, codify, and enact title 37 of the United States Code, entitled “Pay and Allowances of the Uniformed Services”. Public Law 649 Public Law 87–649 76 Stat. 451 1962-09-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 451 Public Law 87–649
AN ACT To revise, codify, and enact title 37 of the United States Code, entitled “Pay and Allowances of the Uniformed Services”.

September 7, 1962

[H. R. 10431]

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

Pay and Allowances of the Uniformed Services.

Enactment as Title 37, U.S. Code.

to pay and allowances of the uniformed services of the United States are revised, codified, and enacted as title 37 of the United States Code, entitled “Pay and Allowances of the Uniformed Services”, and may be cited as “37 U.S.C., §    ”, as follows:
<num value="37">TITLE 37—</num> <heading class="inline">PAY AND ALLOWANCES OF THE UNIFORMED SERVICES</heading> <toc> <referenceItem role="chapter"><designator><inline class="smallCaps">Chapter</inline></designator> <label></label><target>Sec.</target></referenceItem> <referenceItem role="chapter"><designator>1.</designator> <label leaderAlign="right" leaderChar="_">Definitions</label><target>101</target></referenceItem> <referenceItem role="chapter"><designator>3.</designator> <label leaderAlign="right" leaderChar="_">Basic Pay</label><target>201</target></referenceItem> <referenceItem role="chapter"><designator>5.</designator> <label leaderAlign="right" leaderChar="_">Special and Incentive Pays</label><target>301</target></referenceItem> <referenceItem role="chapter"><designator>7.</designator> <label leaderAlign="right" leaderChar="_">Allowances</label><target>401</target></referenceItem> <referenceItem role="chapter"><designator>9.</designator> <label leaderAlign="right" leaderChar="_">Leave</label><target>501</target></referenceItem> <referenceItem role="chapter"><designator>11.</designator> <label leaderAlign="right" leaderChar="_">Payments to Mentally Incompetent Persons</label><target>601</target></referenceItem> <referenceItem role="chapter"><designator>13.</designator> <label leaderAlign="right" leaderChar="_">Allotments and Assignments of Pay</label><target>701</target></referenceItem> <referenceItem role="chapter"><designator>15.</designator> <label leaderAlign="right" leaderChar="_">Prohibitions and Penalties</label><target>801</target></referenceItem> <referenceItem role="chapter"><designator>17.</designator> <label leaderAlign="right" leaderChar="_">Miscellaneous Rights and Benefits</label><target>901</target></referenceItem> <referenceItem role="chapter"><designator>19.</designator> <label leaderAlign="right" leaderChar="_">Administration</label><target>1001</target></referenceItem> </toc> <chapter> <num value="1">Chapter 1—</num> <heading class="inline">Definitions</heading> <toc> <referenceItem role="section"><designator>Sec.</designator> <label></label></referenceItem> <referenceItem role="section"><designator>101.</designator> <label>Definitions.</label></referenceItem> </toc> <section> <num value="101">§ 101 </num> <heading class="inline">Definitions</heading> <chapeau>In addition to the definitions in sections 1–5 of title 1, for the purposes<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/61/633">61 Stat. 633</ref>; <ref href="/us/stat/62/859">62 Stat. 859</ref>.</p></sidenote> of this title—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>“United States”, in a geographic sense, means the States and the District of Columbia;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>“possessions” includes the Canal Zone, Guam, American Samoa, and the guano islands;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>“uniformed services” means the Army, Navy, Air Force, Marine Corps. Coast Guard, Coast and Geodetic Survey, and Public Health Service;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>“armed forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <chapeau>“Secretary concerned” means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the Secretary of the Army, with respect to matters concerning the Army;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the Secretary of the Air Force, with respect to matters concerning the Air Force; ,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the Secretary of the Treasury, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>the Secretary of Commerce, with respect to matters concerning the Coast and Geodetic Survey; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>the Secretary of Health, Education, and Welfare, with respect to matters concerning the Public Health Service;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>“National Guard” means the Army National Guard and the Air National Guard;</content> </paragraph> <page identifier="/us/stat/76/452">76 <inline class="smallCaps">Stat</inline>. 452</page> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <chapeau>“Army National Guard” means that part of the organized militia of the several States, Puerto Rico, the Canal Zone, and the District of Columbia, active and inactive, that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>is a land force;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, or the Constitution;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>is organized, armed, and equipped wholly or partly at Federal expense; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>is federally recognized;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>“Army National Guard of the United States” means the reserve component of the Army all of whose members are members of the Army National Guard;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <chapeau>“Air National Guard” means that part of the organized militia of the several States, Puerto Rico, the Canal Zone, and the District of Columbia, active and inactive, that—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>is an air force:</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>is organized, armed, and equipped wholly or partly at Federal expense; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>is federally recognized;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>“Air National Guard of the United States” means the reserve component of the Air Force all of whose members are members of the Air National Guard;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>“officer” means commissioned or warrant officer;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>“commissioned officer” includes a commissioned warrant officer;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content>“warrant officer” means a person who holds a commission or warrant in a warrant officer grade;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">(14) </num> <content>“enlisted member” means a person in an enlisted grade;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">(15) </num> <content>“grade” means a step or degree, in a graduated scale of office or rank, that is established and designated as a grade by law or regulation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="16">(16) </num> <content>“rank” means the order of precedence among members of the uniformed services:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="17">(17) </num> <content>“rating” means the name (such as “boatswain’s mate”) prescribed for members of a uniformed service in an occupational held; “rate” means the name (such as “chief boatswain’s mate”) prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="18">(18) </num> <content>“active duty” means full-time duty in the active service of a uniformed service, and includes duty on the active list, full-time training duty, annual training duty, and attendance, while in the active service, at a school designated as a service school by la w or by the Secretary concerned;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="19">(19) </num> <content>“active duty for a period of more than 30 days” means active duty under a call or order that does not specify a period of 30 days or less:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="20">(20) </num> <content>“active service” means service on active duty:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="21">(21) </num> <content>“pay” includes basic pay, special pay, retainer pay, incentive pay. retired pay, and equivalent pay, but does not include allowances:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="22">(22) </num> <chapeau>“inactive-duty training” means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>duty prescribed for members of a reserve component by the Secretary concerned under section 206 of this title or any other law: and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>special additional duties authorized for members of a reserve component by an authority designated by the <page identifier="/us/stat/76/453">76 <inline class="smallCaps">Stat</inline>. 453</page>Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">and includes those duties when performed by members of a reserve component in their status as members of the National Guard, but does not include work or study in connection with a correspondence course of a uniformed service;</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="23">(23) </num> <content>“member” means a person appointed or enlisted in, or conscripted into, a uniformed service; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="24">(24) </num> <chapeau>“reserve component” means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the Army National Guard of the United States;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the Army Reserve;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the Naval Reserve;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the Marine Corps Reserve;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>the Air National Guard of the United States;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>the Air Force Reserve;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">(G) </num> <content>the Coast Guard Reserve; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">(H) </num> <content>the Reserve Corps of the Public Health Service.</content> </subparagraph> </paragraph> </section> </chapter> <chapter> <num value="3">Chapter 3—</num> <heading class="inline">Basic Pay</heading> <toc> <referenceItem role="section"><designator>Sec.</designator> <label></label></referenceItem> <referenceItem role="section"><designator>201.</designator> <label>Pay grades: assignment to; general rules.</label></referenceItem> <referenceItem role="section"><designator>202.</designator> <label>Pay grades: assignment to; rear admirals of upper half; officers holding certain positions in the Navy.</label></referenceItem> <referenceItem role="section"><designator>203.</designator> <label>Rates.</label></referenceItem> <referenceItem role="section"><designator>204.</designator> <label>Entitlement.</label></referenceItem> <referenceItem role="section"><designator>205.</designator> <label>Computation: service creditable.</label></referenceItem> <referenceItem role="section"><designator>206.</designator> <label>Reserves; members of National Guard: Inactive-duty training.</label></referenceItem> <referenceItem role="section"><designator>207.</designator> <label>Band leaders.</label></referenceItem> <referenceItem role="section"><designator>208.</designator> <label>Furlough pay: officers of Regular Navy or Regular Marine Corps.</label></referenceItem> <referenceItem role="section"><designator>209.</designator> <label>Members of naval officer candidate programs.</label></referenceItem> </toc> <section> <num value="201">§ 201. </num> <heading class="inline">Pay grades: assignment to; general rules</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content class="inline">For the purpose of computing their basic pay, commissioned officers of the uniformed services (other than commissioned warrant officers) are assigned by the grade or rank in which serving to the following pay grades: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:10%; height:4em; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Pay grade</th> <th style="width:20%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Army Air Force, and Marine Corps</th> <th style="width:30%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Navy, Coast Guard, and Coast and Geodetic Survey</th> <th style="width:40%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Public Health Service</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom"> </td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black" leaders="yes"></td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black" leaders="yes"></td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black"></td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–10</td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">General</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Admiral</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black"></td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–9</td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Lieutenant general</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Vice admiral</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black"></td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–8</td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Major general</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Rear admiral (upper half)</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em">Surgeon General.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom"></td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em">Deputy Surgeon General.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom"></td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em">Assistant Surgeon General having rank of major general.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–7</td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Brigadier general</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em">Rear admiral (lower half) and commodore.</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em">Assistant Surgeon General having rank of brigadier general.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–6</td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Colonel</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Captain</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em">Director grade.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–5</td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Lieutenant colonel</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Commander</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em">Senior grade.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–4</td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Major</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Lieutenant commander</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em">Full grade.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–3</td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Captain</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Lieutenant</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em">Senior assistant grade.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–2</td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">1st lieutenant</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Lieutenant (junior grade)</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em">Assistant grade.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–1</td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">2d lieutenant</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">Ensign</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em">Junior assistant grade.</td> </tr> </tbody> </table> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A contract surgeon who is serving full time with a uniformed service is entitled to the basic pay of a commissioned officer in pay grade 0–2 with two or less years of service computed under section 205 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to monthly pay at the rate of 50 percent of the basic pay of a commissioned officer in pay grade 0–1 with two or less years of service computed under section 205 of this title.</content> </subsection> <page identifier="/us/stat/76/454">76 <inline class="smallCaps">Stat</inline>. 454</page> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>For the purpose of computing their basic pay, warrant officers of the armed forces are assigned, by the warrant officer grade in which serving, to the following pay grades: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:60%%; text-align:left; vertical-align:center">Pay Grade</th> <th style="width:40%; text-align:left; vertical-align:center">  Warrant Officer Grade</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; text-indent:-1em; padding-left:3em" leaders="yes">W–4</td> <td style="text-align:left; vertical-align:top">Chief Warrant Officer, W–4</td> </tr> <tr> <td style="text-align:left; vertical-align:top; text-indent:-1em; padding-left:3em" leaders="yes">W–3</td> <td style="text-align:left; vertical-align:top">Chief Warrant Officer, W–3</td> </tr> <tr> <td style="text-align:left; vertical-align:top; text-indent:-1em; padding-left:3em" leaders="yes">W–2</td> <td style="text-align:left; vertical-align:top">Chief Warrant Officer, W–2</td> </tr> <tr> <td style="text-align:left; vertical-align:top; text-indent:-1em; padding-left:3em" leaders="yes">W–1</td> <td style="text-align:left; vertical-align:top">Warrant Officer, W–1</td> </tr> </tbody> </table> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>An aviation cadet of the Navy, Air Force, or Marine Corps is entitled to monthly basic pay at the rate of 50 percent of the basic pay of a commissioned officer in pay grade 0–1 with two or less years of service computed under section 205 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>Unless he is entitled to the basic pay of a higher pay grade, an aviation pilot of the Naval Reserve, Marine Corps Reserve, or Coast Guard Reserve is entitled to monthly basic pay at the rate prescribed for pay grade E–5.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>Except as provided by subsections (e) and (f) of this section, enlisted members of the uniformed services shall, for the purpose of computing their basic pay, be distributed by the Secretary concerned in the various enlisted pay grades set forth in section 203 of this title. However, except as provided by section 307 of this title, an enlisted member may not be placed in pay grade E–8 or E–9 until he has completed at least 8 years or 10 years, respectively, of enlisted service computed under section 205 of this title.</content> </subsection> </section> <section> <num value="202">§ 202. </num> <heading class="inline">Pay grades: assignment to; rear admirals of upper half; officers holding certain positions in the Navy</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>An officer not restricted in the performance of duty on the active list in the line of the Navy serving in the grade of rear admiral is entitled to the basic pay of a rear admiral of the upper half from the date on which the number of officers not restricted in the performance of duty on the active list in the line of the Navy serving in the grade of rear admiral below him on the lineal list becomes equal to or greater than the number of such officers above him on the lineal list. For the purpose of determining the number of rear admirals of the upper half, an officer not restricted in the performance of duty on the active list in the line of the Navy serving in the grade of admiral or vice admiral is considered as having the grade and position on the lineal list he would have if he had not been appointed admiral or vice admiral.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>An officer restricted in the performance of duty on the active list in the line of the Navy serving in the grade of rear admiral is entitled to the basic pay of a rear admiral of the upper half from the date on which any officer below him on the lineal list becomes entitled to that pay under subsection (a) of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>An officer on the active list of the Navy in a staff corps serving in the grade of rear admiral is entitled to the basic pay of a rear admiral of the upper half from the date on which his running mate becomes entitled to that pay under this section, but not before the date of the vacancy he was promoted to fill.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>A rear admiral of the Naval Reserve entitled to basic pay is entitled to the basic pay of a rear admiral of the upper half when any officer on the active list in the line of the Navy junior to him is in the upper half of the grade of rear admiral as determined under subsection (a) of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>An officer of the Navy or the Coast Guard holding a permanent appointment in the grade of rear admiral on the retired list who is entitled to the basic pay of a rear admiral of the lower half and who, in time of war or national emergency, has served satisfactorily on <page identifier="/us/stat/76/455">76 <inline class="smallCaps">Stat</inline>. 455</page>active duty for two years in that grade or in a higher grade is entitled when on active duty to the basic pay of a rear admiral of the upper half.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>Except for those whose basic pay is otherwise specifically authorized by law, the number of rear admirals on the active list of the Coast Guard entitled to the basic pay of a rear admiral of the upper half is one-half of the number of officers on the active list in that grade. If that division results in an odd number, the odd number shall be placed in the upper half. However, an officer who is entitled to the basic pay of a rear admiral of the upper half may not have his basic pay reduced solely because the number of rear admirals is reduced.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>Unless appointed to a higher grade under another provision of law, an officer of the Marine Corps, while serving as Judge Advocate General of the Navy or as Chief of the Bureau of Naval Weapons, is entitled to the basic pay of a major general.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <chapeau>Unless appointed to a higher grade under another provision of law, an officer of the naval service who is serving in one of the following positions is entitled to the basic pay of a rear admiral of the upper half—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Director of Budget and Reports;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Chief of Naval Materiel;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Chief of a Bureau;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Chief of the Dental Division in the Bureau of Medicine and Surgery;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Chief of Chaplains;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Judge Advocate General of the Navy; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>Chief of Naval Research.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <chapeau class="inline">An officer of the naval service who is serving in one of the following positions is entitled to the highest pay of his rank—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Assistant Director of Budget and Reports;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>detailed to duty as a Deputy Chief of a Bureau:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>detailed as Assistant Judge Advocate General of the Navy;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Assistant Chief of Naval Research; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Assistant Commandant of the Marine Corps.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="j">(j) </num> <content>An officer on the active list of the Navy in the grade of rear admiral who is serving as Deputy Comptroller of the Navy is entitled to the basic pay of a rear admiral of the upper half.</content> </subsection> </section> <page identifier="/us/stat/76/456">76 <inline class="smallCaps">Stat</inline>. 456</page> <section> <num value="203">§ 203. </num> <heading class="inline">Rates</heading> <content>The rates of monthly basic pay for members of the uniformed services within each pay grade are set forth in the following tables: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> <p xmlns="http://schemas.gpo.gov/xml/uslm" class="centered">Commissioned officers</p> </caption> <thead> <tr class="header" style="font-size:8pt"> <th rowspan="2" style="width:30%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Pay grade</th> <th colspan="7" style="width:70%; height:3em; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Years of service computed under section 205</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:10%; height:3em; text-align:center; border-right:1px solid black; border-bottom:1px solid black">2 or less</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 2</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 3</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 4</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 6</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 8</th> <th style="width:10%; text-align:center; border-bottom:1px solid black">Over 10</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–10 <sup xmlns="http://schemas.gpo.gov/xml/uslm">1</sup></td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$1, 200. 00</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$1, 250</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$1, 280</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$1, 250</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$1, 280</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$1, 300</td> <td style="text-align:right; vertical-align:bottom">$1, 300</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–9</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 063. 30</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 100</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 122</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 122</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 122</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 150</td> <td style="text-align:right; vertical-align:bottom">1, 150</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–8</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">063. 30</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 000</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1. 022</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">3, 022</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1. 022</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 100</td> <td style="text-align:right; vertical-align:bottom">1, 100</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–7</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">800, 28</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">860</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">860</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">860</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">900</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">800</td> <td style="text-align:right; vertical-align:bottom">950</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–6</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">592, 80</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">628</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">670</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">670</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">670</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">670</td> <td style="text-align:right; vertical-align:bottom">670</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–5</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">474. 24</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">503</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">640</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">540</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">540</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">540</td> <td style="text-align:right; vertical-align:bottom">560</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–4</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">400. 14</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">424</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">455</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">458</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">465</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">486</td> <td style="text-align:right; vertical-align:bottom">820</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–3 <sup xmlns="http://schemas.gpo.gov/xml/uslm">1</sup></td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">326. 04</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">346</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">372</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">418</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">440</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">460</td> <td style="text-align:right; vertical-align:bottom">480</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–2 <sup xmlns="http://schemas.gpo.gov/xml/uslm">1</sup></td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">250. 36</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">291</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">360</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">370</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">380</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">380</td> <td style="text-align:right; vertical-align:bottom">380</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–1 <sup xmlns="http://schemas.gpo.gov/xml/uslm">1</sup></td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">222. 30</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">251</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">314</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">314</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">314</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">314</td> <td style="text-align:right; vertical-align:bottom">314</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> </tbody> </table> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th rowspan="2" style="width:20%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Pay grade</th> <th colspan="8" style="width:80%; height:3em; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Years of service computed under section 205</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:10%; height:3em; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 12</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 14</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 16</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 18</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 20</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 22</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 26</th> <th style="width:10%; text-align:center; border-bottom:1px solid black">Over 30</th> </tr> </thead> <tfoot> <tr> <td colspan="9" style="text-align:left; text-indent:1em; font-size:8pt"><footnote xmlns="http://schemas.gpo.gov/xml/uslm" id="fn010456"><sup xmlns="http://schemas.gpo.gov/xml/uslm">1</sup> While serving as Chairmen of Che Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, basic pay for this grade Is 11,875 regardless of years of service computed under section 205 of this title.</footnote> </td> </tr> <tr> <td colspan="9" style="text-align:left; text-indent:1em; font-size:8pt"><footnote xmlns="http://schemas.gpo.gov/xml/uslm" id="fn020456"><sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> Does not apply to commissioned officers who have been credited with over 4 years active service as an enlisted member.</footnote> </td> </tr> </tfoot> <tbody> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–10 <ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn010456">1</ref></td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$1, 400</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$1, 400</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$1, 509</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$1, 500</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$1, 600</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$1, 600</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$1, 700</td> <td style="text-align:right; vertical-align:bottom">$1, 700</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–9</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 200</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 200</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 300</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 300</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 400</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 400</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 500</td> <td style="text-align:right; vertical-align:bottom">1, 500</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–8</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 150</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 150</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 200</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 250</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 300</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 350</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 350</td> <td style="text-align:right; vertical-align:bottom">1, 350</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–7</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">950</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 000</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 100</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 175</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 175</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 175</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1, 175</td> <td style="text-align:right; vertical-align:bottom">1, 175</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–6</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">670</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">600</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">800</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">840</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">860</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">910</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">985</td> <td style="text-align:right; vertical-align:bottom">985</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–5</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">590</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">630</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">680</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">720</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">745</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">775</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">775</td> <td style="text-align:right; vertical-align:bottom">775</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–4</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">550</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">670</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">610</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">630</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">630</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">630</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">030</td> <td style="text-align:right; vertical-align:bottom">630</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–3 <ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn010456">1</ref></td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">510</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">525</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">525</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">625</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">525</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">529</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">525</td> <td style="text-align:right; vertical-align:bottom">525</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–2 <ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn020456">2</ref></td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">380</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">380</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">380</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">380</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">380</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">380</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">380</td> <td style="text-align:right; vertical-align:bottom">380</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–1 <ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn020456">2</ref></td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">314</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">314</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">314</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">314</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">314</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">314</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">314</td> <td style="text-align:right; vertical-align:bottom">314</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> </tbody> </table> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> <p xmlns="http://schemas.gpo.gov/xml/uslm" class="centered">Commissioned officers credited with over 4 year of active service as an enlisted member</p> </caption> <thead> <tr class="header" style="font-size:8pt"> <th rowspan="2" style="width:16%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Pay grade</th> <th colspan="12" style="width:84%; height:3em; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Years of service computed under section 205</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:7%; height:3em; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 4</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 6</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 8</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 10</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 12</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 14</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 16</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 18</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 20</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 22</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 26</th> <th style="width:7%; text-align:center; border-bottom:1px solid black">Over 30</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–3</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$416</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$440</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$401</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$480</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$310</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$535</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$535</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$535</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$535</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$535</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$535</td> <td style="text-align:right; vertical-align:bottom">$535</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–2</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">370</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">380</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">395</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">415</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">435</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">460</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">450</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">450</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">460</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">450</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">450</td> <td style="text-align:right; vertical-align:bottom">450</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">O–1</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">314</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">335</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">350</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">365</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">380</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">400</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">400</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">400</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">400</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">400</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">400</td> <td style="text-align:right; vertical-align:bottom">400</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> </tbody> </table> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> <p xmlns="http://schemas.gpo.gov/xml/uslm" class="centered">Warrant officer</p> </caption> <thead> <tr class="header" style="font-size:8pt"> <th rowspan="2" style="width:20%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Pay grade</th> <th colspan="8" style="width:80%; height:3em; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Years of service computed under section 205</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:10%; height:3em; text-align:center; border-right:1px solid black; border-bottom:1px solid black">2 or less</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 2</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 3</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 4</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 6</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 8</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 10</th> <th style="width:10%; text-align:center; border-bottom:1px solid black">Over 12</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">W–4</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$332. 90</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$376</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$376</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$383</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$399</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$418</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$435</td> <td style="text-align:right; vertical-align:bottom">$405</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">W–3</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">302. 64</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">343</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">343</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">348</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">363</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">380</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">398</td> <td style="text-align:right; vertical-align:bottom">412</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">W–2</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">264. 82</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">298</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">298</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">807</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">328</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">342</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">355</td> <td style="text-align:right; vertical-align:bottom">360</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">W–1</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">219. 42</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">266</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">266</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">285</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">299</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">313</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">334</td> <td style="text-align:right; vertical-align:bottom">345</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> </tbody> </table> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th rowspan="2" style="width:30%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Pay grade</th> <th colspan="7" style="width:70%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Years of service computed under section 205</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:10%; height:3em; text-align:center; border-left:1px solid black; border-bottom:1px solid black">Over 14</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 16</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 18</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 20</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 22</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 26</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 30</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">W–4</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$486</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$504</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$516</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$528</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$543</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$576</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$595</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">W–3</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">427</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">441</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">458</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">470</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">487</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">506</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">506</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">W–2</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">381</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">323</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">406</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">417</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">440</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">440</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">440</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">W–1</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">354</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">364</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">375</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">390</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">380</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">390</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">390</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"> </td> </tr> </tbody> </table> <page identifier="/us/stat/76/457">76 <inline class="smallCaps">Stat</inline>. 457</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> <p xmlns="http://schemas.gpo.gov/xml/uslm" class="centered">Enlisted members</p> </caption> <thead> <tr class="header" style="font-size:8pt"> <th rowspan="2" style="width:28%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Pay grade</th> <th colspan="8" style="width:72%; height:3em; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Years of service computed under section 205</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:9%; height:3em; text-align:center; border-right:1px solid black; border-bottom:1px solid black">2 or less</th> <th style="width:9%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 2</th> <th style="width:9%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 3</th> <th style="width:9%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 4</th> <th style="width:9%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 6</th> <th style="width:9%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 8</th> <th style="width:9%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 10</th> <th style="width:9%; text-align:center; border-bottom:1px solid black">Over 12</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–9</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$390</td> <td style="text-align:right; vertical-align:bottom">$390</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–8</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$310</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">320</td> <td style="text-align:right; vertical-align:bottom">330</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–7</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$200. 39</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$236</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$238</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$250</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$260</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">270</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">285</td> <td style="text-align:right; vertical-align:bottom">300</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–6</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">175. 81</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">200</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">200</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">225</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">335</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">245</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">255</td> <td style="text-align:right; vertical-align:bottom">266</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–5</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">145. 24</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">180</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">180</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">205</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">210</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">220</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">240</td> <td style="text-align:right; vertical-align:bottom">240</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–4</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">122. 30</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">150</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">160</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">170</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">180</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">190</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">190</td> <td style="text-align:right; vertical-align:bottom">190</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–3</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">99. 87</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">124</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">124</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">141</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">141</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">141</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">141</td> <td style="text-align:right; vertical-align:bottom">141</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–2</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">85. 80</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">108</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">108</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">108</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">108</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">108</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">108</td> <td style="text-align:right; vertical-align:bottom">108</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–1</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">83. 20</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">105</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">105</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">105</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">105</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">105</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">105</td> <td style="text-align:right; vertical-align:bottom">105</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–1 (under 4 months)</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">78. 00</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom">_ _ _ _ _ _</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> </tbody> </table> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th rowspan="2" style="width:26.5%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Pay grade</th> <th colspan="8" style="width:73.5%; height:3em; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Years of service computed under section 205</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:10.5%; height:3em; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 14</th> <th style="width:10.5%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 16</th> <th style="width:10.5%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 18</th> <th style="width:10.5%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 20</th> <th style="width:10.5%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 22</th> <th style="width:10.5%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Over 25</th> <th style="width:10.5%; text-align:center; border-bottom:1px solid black">Over 30</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–9</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$400</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$410</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$420</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$430</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$440</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$440</td> <td style="text-align:right; vertical-align:bottom">$440</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–8</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">340</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">350</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">360</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">370</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">380</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">380</td> <td style="text-align:right; vertical-align:bottom">380</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–7</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">310</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">325</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">340</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">350</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">350</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">350</td> <td style="text-align:right; vertical-align:bottom">350</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–6</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">275</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">280</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">290</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">290</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">290</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">290</td> <td style="text-align:right; vertical-align:bottom">290</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–5</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">240</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">240</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">240</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">240</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">240</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">240</td> <td style="text-align:right; vertical-align:bottom">240</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–4</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">190</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">190</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">190</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">190</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">190</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">190</td> <td style="text-align:right; vertical-align:bottom">190</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–3</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">141</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">141</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">141</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">141</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">141</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">141</td> <td style="text-align:right; vertical-align:bottom">141</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–2</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">106</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">105</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">106</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">108</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">108</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">108</td> <td style="text-align:right; vertical-align:bottom">108</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">E–1</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">105</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">105</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">105</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">105</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">105</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">105</td> <td style="text-align:right; vertical-align:bottom">105</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content> </section> <section> <num value="204">§ 204. </num> <heading class="inline">Entitlement</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau class="inline">Except for members covered by section 202(i) of this title, the following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under section 205 of this title—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a member of a uniformed service who is on active duty; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 3033, 3496, 3541, 8033, 8496, or 8541 of title 10, or section 503, 504, 505, or 506 of title 32.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/161/198/202/491/524/527/610">70A Stat. 161, 198, 202, 491, 524, 527, 610</ref>.</p></sidenote></content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>For the purposes of subsection (a) of this section, under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date when he appears at the place of company rendezvous. However, this subsection does not authorize any expenditure before arriving at the place of rendezvous that is not authorized by law to be paid after arrival at that place.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Full-time training, training duty with pay, or other full-time duty performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in his status as a member of the National Guard, is active duty for the purposes of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>A payment accruing under any law to a member of a uniformed service incident to his release from active duty or for his return home incident to that release may be paid to him before his departure from <page identifier="/us/stat/76/458">76 <inline class="smallCaps">Stat</inline>. 458</page>his last duty station, whether or not he actually performs the travel involved. If a member receives a payment under this subsection but dies before that payment would have been made but for this subsection, no part of that payment may be recovered by the United States.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>A cadet of the United States Military Academy or the United States Air Force Academy, or a midshipman of the United States Naval Academy, who, upon graduation from one of those academies, is appointed as a second lieutenant of the Army or the Air Force is entitled to the basic pay of pay grade 0–1 beginning upon the date of his graduation.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <chapeau class="inline">A member of the Army or the Air Force (other than of the Regular Army or the Regular Air Force) is entitled to the pay and allowances provided by lav or regulation for a member of the Regular Army or the Regular Air Force, as the case may be, of corresponding grade and length of service, whenever—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1438">72 Stat. 1438</ref>.</p></sidenote> <content>he is called or ordered to active duty (other than for training under section 270(b) of title 10) for a period of more than 30 days, and is disabled in line of duty from disease while so employed; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>he is called or ordered to active duty, or to perform inactive-duty training, for any period of time, and is disabled in line of duty from injury while so employed.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <chapeau class="inline">A member of the National Guard is entitled to the pay and allowances provided by law or regulation for a member of the Regular Army or the Regular Air Force, as the case may be, of corresponding grade and length of service, whenever he is called or ordered to perform training under section 502, 503, 504, or 505 of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/610">70A Stat. 610</ref>.</p></sidenote>title 32—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for a period of more than 30 days, and is disabled in line of duty from disease while so employed; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for any period of time, and is disabled in line of duty from injury while so employed.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <content class="inline">A member of the Naval Reserve, Fleet Reserve, Marine Corps Reserve, Fleet Marine Corps Reserve, or Coast Guard Reserve is entitled to the pay and allowances provided by law or regulation for a member of the Regular Navy, Regular Marine Corps, or Regular Coast Guard, as the case may be, of corresponding grade and length of service, under the same conditions as those described in clauses (1) and (2) of subsection (g) of this section.</content> </subsection> </section> <section> <num value="205">§ 205. </num> <heading class="inline">Computation: service creditable</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau class="inline">Subject to subsections (b)-(d) of this section, for the purpose of computing the basic pay of a member of a uniformed service, his years of service are computed by adding—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>all periods of active service as an officer, Army field clerk, flight officer, or enlisted member of a uniformed service;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>all periods during which he was enlisted or held an appointment as an officer, Army field clerk, or flight officer of—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>a regular component of a uniformed service;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the Regular Army Reserve;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the Organized Militia before July 1, 1916;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>the National Guard;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>the National Guard Reserve;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>a reserve component of a uniformed service;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="G">(G) </num> <content>the Naval Militia;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="H">(H) </num> <content>the National Naval Volunteers;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="I">(I) </num> <content>the Naval Reserve Force;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="J">(J) </num> <content>the Army without specification of component;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="K">(K) </num> <content>the Air Force without specification of component;</content> </subparagraph> <page identifier="/us/stat/76/459">76 <inline class="smallCaps">Stat</inline>. 459</page> <subparagraph class="firstIndent1 fontsize10"> <num value="L">(L) </num> <content>the Marine Corps Reserve Force;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="M">(M) </num> <content>the Philippine Scouts: or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="N">(N) </num> <content>the Philippine Constabulary;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>tor a commissioned officer in service on June 30, 1922, all service that was then counted in computing longevity pay and all service as a contract surgeon serving full time;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>all periods during which he held an appointment as a nurse, reserve nurse, or commissioned officer in the Army Nurse Corps as it existed at any time before April 16, 1947, the Navy Nurse Corps as it existed at any time before April 16, 1947, or the Public Health Service, or a reserve component of any of them;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>all periods during which he was a deck officer or junior engineer in the Coast and Geodetic Survey;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>all periods that, under law in effect on January 10, 1962, were authorized to be credited in computing basic pay;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>for an officer of the Medical Corps or Dental Corps of the Army or Navy, an officer of the Air Force designated as a medical or dental officer, or an officer of the Public Health Service commissioned as a medical or dental officer—four years;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>for a medical officer named in clause (7) who has completed one year of medical internship or the equivalent thereof—one year in addition to the four years prescribed by clause (7); and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <chapeau>all periods while—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>on a temporary disability retired list, honorary retired list, or a retired list of a uniformed service;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>entitled to retired pay, retirement pay, or retainer pay, from a uniformed service or the Veterans’ Administration, as a member of the Fleet Reserve or the Fleet Marine Corps Reserve; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>a member of the Honorary Reserve of the Officers’ Reserve Corps or the Organized Reserve Corps.</content> </subparagraph> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Except for any period of active service described in clause (1) of this subsection and except as provided by section 1402(b)-(d) of title 10, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/107">70A Stat. 107</ref>.</p></sidenote>a period of service described in clauses (2)-(9) of this subsection that is performed while on a retired list, in a retired status, or in the Fleet Reserve or Fleet Marine Corps Reserve, may not be included to increase retired pay, retirement pay, or retainer pay.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content class="inline">A period of time may not be counted more than once under subsection (a) of this section. In addition, the amount of service authorized to be credited under clause (7) or (8) of subsection (a) of this section to an officer shall be reduced by the amount of any service otherwise creditable under that subsection that covers any part of his professional education or internship.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <chapeau class="inline">Notwithstanding any other law, service credited under clause (7) or (8) of subsection (a) of this section may not—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>be included in establishing eligibility for voluntary or involuntary retirement or separation from a uniformed service;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>increase the retired or retirement pay of a person who became entitled to that pay before May 1, 1956; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>increase the retired pay of a person who is entitled to that pay under chapter 67 of title 10, after April 30, 1956, and who does not perform active duty after May 1, 1956.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The periods of service authorized to be counted under subsection (a) of this section shall, under regulations prescribed by the Secretary concerned, include service performed by a member of a uniformed service before he became 18 years of age.</content> </subsection> </section> <page identifier="/us/stat/76/460">76 <inline class="smallCaps">Stat</inline>. 460</page> <section> <num value="206">§ 206. </num> <heading class="inline">Reserves; members of National Guard: inactive-duty training</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Under regulations prescribed by the Secretary concerned, and to the extent provided for by appropriations, a member of the National Guard or a member of a reserve component of a uniformed service who is not entitled to basic pay under section 204 of this title, is entitled to compensation, at the rate of 1/30 of the basic pay authorized for a member of a uniformed service of a corresponding grade entitled to basic pay, for each regular period of instruction, or period of appropriate duty, at which be is engaged for at least two hours, including that performed on a Sunday or holiday, or for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>The regulations prescribed under subsection (a) of this section for each uniformed service, the National Guard, and each of the classes of organization of the reserve components within each uniformed service, may be different. The Secretary concerned shall, for the National Guard and each of the classes of organization within each uniformed service, prescribe—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>minimum standards that must be met before an assembly for drill or other equivalent period of training, instruction, duty, or appropriate duties may be credited for pay purposes, and those standards may require the presence for duty of officers and enlisted members in numbers equal to or more than a minimum number or percentage of the unit strength for a specified period of time with participation in a prescribed kind of training;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the maximum number of assemblies or periods of other equivalent training, instruction, duty, or appropriate duties, that may be counted for pay purposes in each fiscal year or in lesser periods of time; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the minimum number of assemblies or periods of other equivalent training, instruction, duty, or appropriate duties that, must be completed in stated periods of time before the members of units or organizations can qualify for pay.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>A person enlisted in the inactive National Guard is not entitled to pay under this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>This section does not authorize compensation for work or study performed by a member of a reserve component in connection with correspondence courses of an armed force.</content> </subsection> </section> <section> <num value="207">§ 207. </num> <heading class="inline">Band leaders</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The leader of the Army Band is entitled to the basic pay of a captain in the Army.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The director of music at the United States Military Academy is entitled to the basic pay of a commissioned officer whose grade corresponds to the rank prescribed for the director by the Secretary of the Army.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The leader of the United States Navy Band is entitled to the basic pay of a lieutenant in the Navy.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>A member of the Marine Corps who is appointed as director or assistant director of the United States Marine Band under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1508">72 Stat. 1508</ref>.</p></sidenote>section 6222 of title 10 is entitled, while serving thereunder, only to the basic pay of an officer in the grade in which he is serving. However, his basic pay may not be less than that to which he was entitled at the time of his appointment under that section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>The leader of the Naval Academy Band is entitled to the basic pay of the grade the Secretary of the Navy prescribes. The second leader is entitled to the basic pay of a warrant officer, W–1.</content> </subsection> </section> <page identifier="/us/stat/76/461">76 <inline class="smallCaps">Stat</inline>. 461</page> <section> <num value="208">§ 208. </num> <heading class="inline">Furlough pay: officers of Regular Navy or Regular Marine Corps</heading> <content>An officer who is furloughed under section 6406 of title 10 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/415">70A Stat. 415</ref>.</p></sidenote>is entitled to pay at the rate of one-half of the basic pay to which he was entitled at the time of being furloughed.</content> </section> <section> <num value="209">§ 209. </num> <heading class="inline">Members of naval officer candidate programs</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content class="inline">Except when on active duty, a midshipman appointed under section 6904 of title 10 is entitled to retainer pay at the rate of $50 a month beginning on the day that he starts his first term of college work under that section and ending upon the completion of his instruction under that section, but not for more than four academic years.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content class="inline">Except when on active duty, a seaman recruit enlisted under section 6905 of title 10 is entitled to retainer pay at the rate of $50 a month beginning on the day he starts his first term of college work under that section and ending when his instruction under that section is completed.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content class="inline">While in flight training or on flight duty, a midshipman appointed under section 6906 of title 10 is entitled to the pay provided for a midshipman at the Naval Academy and to an additional amount equal to 50 percent of his pay for duty involving flying.</content> </subsection> </section> </chapter> <chapter> <num value="5">Chapter 5—</num> <heading class="inline">Special and Incentive Pays</heading> <toc> <referenceItem role="section"><designator>Sec.</designator> <label></label></referenceItem> <referenceItem role="section"><designator>301.</designator> <label>Incentive pay: hazardous duty.</label></referenceItem> <referenceItem role="section"><designator>302.</designator> <label>Special pay: physicians and dentists.</label></referenceItem> <referenceItem role="section"><designator>303.</designator> <label>Special pay: veterinarians.</label></referenceItem> <referenceItem role="section"><designator>304.</designator> <label>Special pay: diving duty.</label></referenceItem> <referenceItem role="section"><designator>305.</designator> <label>Special pay: sea and foreign duty.</label></referenceItem> <referenceItem role="section"><designator>306.</designator> <label>Special pay: officers holding positions of unusual responsibility and of critical nature.</label></referenceItem> <referenceItem role="section"><designator>307.</designator> <label>Special pay: proficiency pay for enlisted members.</label></referenceItem> <referenceItem role="section"><designator>308.</designator> <label>Special pay: reenlistment bonus.</label></referenceItem> <referenceItem role="section"><designator>309.</designator> <label>Reserves: members of National Guard: additional pay for performance of administrative duty.</label></referenceItem> </toc> <section> <num value="301">§ 301. </num> <heading class="inline">Incentive pay: hazardous duty</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to incentive pay, in the amount set forth in subsection (b) or (c) of this section, for the performance of hazardous duty required by orders. For the purposes of this subsection, “hazardous duty” means duty—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>as a crew member, as determined by the Secretary concerned, involving frequent and regular participation in aerial flight;.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>on board a submarine, including, in the case of nuclear-powered submarines, periods of training and rehabilitation after assignment thereto as determined by the Secretary concerned, and including submarines under construction from the time builders’ trials begin;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>as an operator or crew member of. an operational, selfpropelled submersible, including undersea exploration and research vehicles;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>involving frequent and regular participation in aerial flight, not as a crew member under clause (1) of this subsection;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>involving frequent and regular participation in glider flights;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>involving parachute jumping as an essential part of military duty;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>involving intimate contact with persons afflicted with leprosy;</content> </paragraph> <page identifier="/us/stat/76/462">76 <inline class="smallCaps">Stat</inline>. 462</page> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>involving the demolition of explosives as a primary duty, including training for that duty;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>as a low-pressure chamber inside observer;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>as a human acceleration or deceleration experimental subject; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>as a human test subject in thermal stress experiments.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>For the performance of the hazardous duty described in clause (1), (2), or (3) of subsection (a) of this section, a member is entitled to monthly incentive pay as follows: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> <p xmlns="http://schemas.gpo.gov/xml/uslm" class="centered">Commissioned officers</p> </caption> <thead> <tr class="header" style="font-size:8pt"> <th rowspan="2" style="width:30%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Pay grade</th> <th colspan="7" style="width:70%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Years of service computed under section 206</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:10%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">2 or less</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 2</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 3</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 4</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 6</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 8</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 10</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–10</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$166 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–9</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–8</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–7</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">160 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">160 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">160 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">160 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">160 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">160 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">160</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–6</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">200 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">200 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">215 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">215 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">215 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">215 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">215</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–5</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">190 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">190 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">205 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">205 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">205 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">205 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">205</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–4</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">170 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">170 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">185 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">185 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">185 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">185 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">210</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–3</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">145 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">145 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">155 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">180 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">185 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">190</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–2</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">115 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">125 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">150 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">150 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">160 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">170</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–1</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">100 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">135 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">135 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">140 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">145 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">155</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> </tr> </tbody> </table> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th rowspan="2" style="width:30%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Pay grade</th> <th colspan="7" style="width:70%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Years of service computed under section 206</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:10%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 12</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 14</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 16</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 18</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 22</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 26</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 30</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–10</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–9</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–8</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">165</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–7</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">160 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">160 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">160 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">160 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">160 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">160 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">160</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–6</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">215 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">215 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">220 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">245 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">245 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">245 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">245</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–5</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">210 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">225 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">230 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">245 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">245 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">245 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">245</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–4</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">215 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">220 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">230 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">240 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">240 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">240 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">240</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–3</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">200 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">205 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">205 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">205 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">205 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">205 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">205</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–2</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">180 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">185 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">185 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">185 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">185 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">185 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">185</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">O–1</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">180 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">170 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">170 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">170 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">170 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">170 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">170</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> </tr> </tbody> </table> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> <p xmlns="http://schemas.gpo.gov/xml/uslm" class="centered">Warrant officers</p> </caption> <thead> <tr class="header" style="font-size:8pt"> <th rowspan="2" style="width:30%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Pay grade</th> <th colspan="7" style="width:70%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Years of service computed under section 206</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:10%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">2 or less</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 2</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 3</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 4</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 6</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 8</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 10</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">W–4</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$115 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$115 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$115 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$115 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$120 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$125 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$135</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">W–3</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">110 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">115 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">115 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">115 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">120 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">120 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">125</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">W–2</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">110 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">110 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">110 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">115 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">120 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">125</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">W–1</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">100 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">110 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">120 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">125</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> </tr> </tbody> </table> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th rowspan="2" style="width:30%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Pay grade</th> <th colspan="7" style="width:70%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Years of service computed under section 206</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:10%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 13</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 14</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 16</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 18</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 22</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 26</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 30</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">W–4</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$145 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$155 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$160 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$165</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">W–3</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">135 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">140 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">140 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">140 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">140 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">140 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">140</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">W–2</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">130 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">135 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">135 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">135 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">135 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">135 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">135</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">W–1</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">130 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">130 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">130 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">130 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">130 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">130 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">130</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> </tr> </tbody> </table> <page identifier="/us/stat/76/463">76 <inline class="smallCaps">Stat</inline>. 463</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> <p xmlns="http://schemas.gpo.gov/xml/uslm" class="centered">Enlisted members</p> </caption> <thead> <tr class="header" style="font-size:8pt"> <th rowspan="2" style="width:30%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Pay grade</th> <th colspan="7" style="width:70%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Years of service computed under section 206</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:10%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">2 or less </th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 2</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 3</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 4</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 6</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 8</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 10</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–9</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$105</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–8</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–7</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">80 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">85 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">85 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">85 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">90 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">95 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">100</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–6</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">70 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">75 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">75 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">80 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">85 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">90 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">95</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–5</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">70 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">70 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">80 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">80 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">85 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">90</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–4</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">55 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">65 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">65 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">70 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">75 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">80 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">80</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–3</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">55 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–2</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">50 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–1</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">50 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">55 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">55 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">55 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">55 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">55 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">55</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–1 (under 4 months)</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">50 </td> <td style="text-align:center; vertical-align:bottom; border-left:1px solid black">_ _ _ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-left:1px solid black">_ _ _ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-left:1px solid black">_ _ _ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-left:1px solid black">_ _ _ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-left:1px solid black">_ _ _ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-left:1px solid black">_ _ _ _ _ _ _ _</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">Aviation cadets</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">50 </td> <td style="text-align:center; vertical-align:bottom; border-left:1px solid black">_ _ _ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-left:1px solid black">_ _ _ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-left:1px solid black">_ _ _ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-left:1px solid black">_ _ _ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-left:1px solid black">_ _ _ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-left:1px solid black">_ _ _ _ _ _ _ _</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> </tr> </tbody> </table> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th rowspan="2" style="width:30%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Pay grade</th> <th colspan="7" style="width:70%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Years of service computed under section 206</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:10%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 12</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 14</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 16</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 18</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 22</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 26</th> <th style="width:10%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Over 30</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–9</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$105</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–8</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–7</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">105</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–6</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">95 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">100 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">100 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">100 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">100 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">100 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">100</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–5</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">95 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">95 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">95 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">95 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">95 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">95 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">95</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–4</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">80 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">80 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">80 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">80 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">80 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">80 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">80</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–3</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–2</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">60</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom" leaders="yes">E–1</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">55 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">55 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">55 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">55 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">55 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">55 </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">55</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"></td> </tr> </tbody> </table> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>For the performance of the hazardous duty described in clause (4), (5), (6), (7), (8), (9), (10), or (11) of subsection (a) of this section, an officer is entitled to $110 a month and an enlisted member is entitled to $55 a month.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>In time of war, the President may suspend the payment of incentive pay for any hazardous duty described in subsection (a) of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>A member is entitled to only one payment of incentive pay, authorized by this section, for a period of time during which he qualifies for more than one payment of that pay.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>Under regulations prescribed by the President and to the extent provided for by appropriations, when a member of a reserve component of a uniformed service, or of the National Guard, who is entitled to compensation under section 206 of this title, performs, under orders, any duty described in subsection (a)(1)–(11) of this section for members entitled to basic pay, he is entitled to an increase in compensation equal to 1/30 of the monthly incentive pay authorized by subsection (b) or (c) of this section, as the case may be, for the performance of that hazardous duty by a member of a corresponding grade who is entitled to basic pay. He is entitled to the increase for as long as he is qualified for it, for each regular period of instruction, or period of appropriate duty, at which he is engaged for at least two hours, including that performed on a Sunday or holiday, or for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe under section 206(a) of this title. This subsection does not apply to a member who is entitled to basic pay under section 204 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>The Secretary of each military department shall report, to Congress before January 2 each year the number of officers of the Army, Navy, or Air Force, as the case may be, above the grade of major or lieutenant commander, by grade and age group, who are entitled to incentive pay under subsection (a)(1) of this section, and the average monthly incentive pay authorized by that section for those officers during the six-month period preceding the date of the report.</content> </subsection> </section> <page identifier="/us/stat/76/464">76 <inline class="smallCaps">Stat</inline>. 464</page> <section> <num value="302">§ 302. </num> <heading class="inline">Special pay: physicians and dentists</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau class="inline">In addition to any other basic pay, special pay, incentive pay, or allowances to which he is entitled, each of the following officers is entitled to special pay at the rates set forth in subsection (b) of this section:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>a commissioned officer—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>of the Regular Army or the Regular Navy who is in the Medical or Dental Corps of the Army or the Navy, as the case may be;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>of the Regular Air Force who is designated as a medical or dental officer of the Air Force; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>who is a medical or dental officer of the Regular Corps of the Public Health Service;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">who was on active duty on September 1, 1947; who retired before that date and was ordered to active duty after that date and before July 1, 1963; or who was appointed or designated as such an officer after September 1, 1947, and before July 1, 1963;</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>a commissioned officer—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>of a reserve component of the Army or Navy who is in the Medical or Dental Corps of the Army or the Navy, as the case may be;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>of a reserve component of the Air Force, of the Army or the Air Force without specification of component, or of the National Guard, who is designated as a medical or dental officer of the Army or the Air Force, as the case may be; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>who is a medical or dental officer of the Reserve Corps of the Public Health Service;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">who, after September 1, 1947, and before July 1, 1963, was ordered to active duty for a period of at least one year; and</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, the Air Force, or the National Guard, as the case may be, who was on active duty on September 1, 1947; who was retired before that date and was ordered to active duty after that date and before July 1, 1963; or who, after September 1, 1947, was appointed from any of those categories.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">However, an officer is not entitled to the special pay provided by this section while he is serving as a medical or dental intern.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>The amount of special pay to which an officer covered by subsection (a) of this section is entitled is—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>$100 a month for each month of active duty if he has not completed two years of active duty in a category named in that subsection;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>$150 a month for each month of active duty if he has completed at least two years of active duty in a category named in that subsection;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>$200 a month for each month of active duty if he has completed at least six years of active duty in a category named in that subsection; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>$250 a month for each month of active duty if he has completed at least 10 years of active duty in a category named in that subsection.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The amounts set forth in subsection (b) of this section may not be included in computing the amount of an increase in pay authorized by any other provision of this title or in computing retired pay or severance pay.</content> </subsection> </section> <page identifier="/us/stat/76/465">76 <inline class="smallCaps">Stat</inline>. 465</page> <section> <num value="303">§ 303. </num> <heading class="inline">Special pay: veterinarians</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>In addition to any other basic pay, special pay, incentive pay, or allowances to which he is entitled, each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>a commissioned officer—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>of the Regular Army who is in the Veterinary Corps;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>of the Regular Air Force who is designated as a veterinary officer; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>who is a veterinary officer of the Regular Corps of the Public Health Service;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">who was on active duty on June 29, 1953; who retired before that date and was ordered to active duty after that date and before July 1, 1963; or who was appointed or designated as such an officer after June 29, 1953, and before July 1, 1963;</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>a commissioned officer—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>of a reserve component of the Army who is in the Veterinary Corps of the Army;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>of a reserve component of the Air Force, of the Army or the Air Force without specification of component, or of the National Guard, who is designated as a veterinary officer of the Army or the Air Force, as the case may be; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>who is a veterinary officer of the Reserve Corps of the Public Health Service;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">who was on active duty on June 29, 1953, as a result of a call or order to active duty for a period of at least one year; or who, after that date and before July 1, 1963, was called or ordered to active duty for such a period; and</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2) of this subsection, in the Army, the Air Force, or the National Guard, as the case may be, who was on active duty on June 29, 1953; who was retired before that date and was ordered to active duty after that date and before July 1, 1963; or who after June 29, 1953, was appointed from one of those categories.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The amount set forth in subsection (a) of this section may not be included in computing the amount of an increase in pay authorized by any other provision of this title or in computing retired pay or severance pay.</content> </subsection> </section> <section> <num value="304">§ 304. </num> <heading class="inline">Special pay: diving duty</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Under regulations prescribed by the Secretary concerned, a member of a uniformed service who is entitled to basic pay and who is assigned by orders to the duty of diving is also entitled to special pay at a rate not more than $110 a month for periods during which diving duty is actually performed. A member may not be paid special pay under this subsection in addition to incentive pay authorized under section 301 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In time of war, the President may suspend the payment of diving-duty pay.</content> </subsection> </section> <section> <num value="305">§ 305. </num> <heading class="inline">Special pay: sea and foreign duty</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Except as provided by subsection (b) of this section, under regulations prescribed by the President, an enlisted member of a uniformed service who is entitled to basic pay is also, while on sea <page identifier="/us/stat/76/466">76 <inline class="smallCaps">Stat</inline>. 466</page>duty, or on duty in any place outside the United States, or in Alaska or Hawaii, entitled to special pay at the following monthly rates: <table xmlns="http://www.w3.org/1999/xhtml" width="40%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:25%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-right:1px solid black; border-bottom:1px solid black">Pay grade</th> <th style="width:15%; text-align:center; border-top:1px solid black; border-right:1px solid black; border-bottom:1px solid black">Monthly rate</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:top; border-right:1px solid black"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">E–9</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$22. 50    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">E–8</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">22. 50    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">E–7</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">22. 50    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">E–6</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">20. 00    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">E–5</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16. 00    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">E–4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13. 00    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">E–3</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9. 00    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">E–2</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8. 00    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">E–1</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8. 00    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Appropriations of the Department of Defense may not be paid, as foreign duty pay under subsection (a) of this section, to a member of a uniformed service who is a resident of Alaska, Hawaii, Puerto Rico, the Virgin Islands, or a possession, unless that member is serving in an area outside Alaska, Hawaii, the Virgin Islands, or a possession, of which he is a resident, as the case may be.</content> </subsection> </section> <section> <num value="306">§ 306. </num> <heading class="inline">Special pay: officers holding positions of unusual responsibility and of critical nature</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The Secretary concerned may designate positions of unusual responsibility which are of a critical nature to an armed force under his jurisdiction and may pay special pay, in addition to other pay prescribed by law, to an officer of an armed force who is entitled to the basic pay of pay grade 0–3, 0–4, 0–5, or 0–6 and who is performing the duties of such a position, <table xmlns="http://www.w3.org/1999/xhtml" width="40%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:25%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-right:1px solid black; border-bottom:1px solid black">Pay grade</th> <th style="width:15%; text-align:center; border-top:1px solid black; border-right:1px solid black; border-bottom:1px solid black">Monthly rate</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:top; border-right:1px solid black"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">O–6</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$150    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">O–5</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">100    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">O–4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">50    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">O–3</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">50    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The Secretary concerned shall prescribe the criteria and circumstances under which officers of an armed force under his jurisdiction are eligible for special pay under this section and, when he considers it necessary, may abolish that special pay.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Not more than 5 percent of the number or officers on active duty (other than for training) in an armed force in pay grade 0–3, and not more than 10 percent of the number of officers on active duty in an armed force in pay grade 0–4, 0–5, or 0–6, may be paid special pay under this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction, and by the Secretary of the Treasury for the Coast Guard when the Coast Guard is not operating as a service in the Navy.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>This section does not apply to a person who is entitled to special pay under section 302 or 303 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>The Secretary of Defense shall report to Congress by March 1 of each year on the administration of this section within each military department during the preceding calendar year. The Secretary of the Treasury shall make a similar report for the Coast Guard when the Coast Guard is not operating as a service in the Navy.</content> </subsection> </section> <page identifier="/us/stat/76/467">76 <inline class="smallCaps">Stat</inline>. 467</page> <section> <num value="307">§ 307. </num> <heading class="inline">Special pay: proficiency pay for enlisted members</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>An enlisted member of a uniformed service who is entitled to basic pay and is designated as being specially proficient in a military skill of the uniformed service concerned may—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>be advanced to an enlisted pay grade that is higher than his pay grade at the time of his.designation and be entitled to the basic pay and special or incentive pay of that higher grade; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in addition to other pay or allowances to which he is entitled under this title, be paid proficiency pay at a monthly rate that is not more than the rate prescribed in the following table for the proficiency rating to which he is assigned: <table xmlns="http://www.w3.org/1999/xhtml" width="40%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:25%; height:3em; text-align:center; border-left:1px solid black; border-top:1px solid black; border-right:1px solid black; border-bottom:1px solid black">Pay grade</th> <th style="width:15%; text-align:center; border-top:1px solid black; border-right:1px solid black; border-bottom:1px solid black">Monthly rate</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:top; border-right:1px solid black"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">P–1</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$50    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">P–2</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">100    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; text-indent:-1em; padding-left:2em" leaders="yes">P–3</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">150    </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-right:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>An enlisted member who has less than 8 or 10 years, as the case may be, of enlisted service computed under section 205 of this title and who is advanced under subsection (a)(1) of this section to pay grade E–8 or E–9, respectively, is entitled to the minimum amount of basic pay and special or incentive pay prescribed for that pay grade until his years of service computed under that section entitle him to a higher rate of those pays.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The Secretary concerned shall determine whether enlisted members of a uniformed service under his jurisdiction are to be paid proficiency pay either under subsection (a)(1) or (a)(2) of this section. However, he may elect only one of these methods for each uniformed service under his jurisdiction. If he elects to have proficiency pay paid under subsection (a)(1) of this section, enlisted members in a military grade or rank assigned to pay grade E–8 or E–9 may be paid proficiency pay at a monthly rate that is not more than the highest rate prescribed by subsection (a)(2) of this section. If he elects to have proficiency pay paid under subsection (a)(2) of this section, he snail prescribe, within the limitations set forth in that subsection, the pay for each proficiency rating prescribed therein. He shall also designate, from time to time, those skills within each uniformed service under his jurisdiction for which proficiency pay is authorized, and shall prescribe the criteria under which members of that uniformed service are eligible for a proficiency rating in each skill. He may, when he considers it necessary, increase, decrease, or abolish proficiency pay for any skill.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>This section shall be administered under regulations prescribed by the Secretary of Defense for the uniformed services under his jurisdiction, and by the Secretary of the Treasury for the Coast Guard when the Coast Guard is not operating as a service in the Navy.</content> </subsection> </section> <section> <num value="308">§ 308. </num> <heading class="inline">Special pay: reenlistment bonus</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Subject to subsections (b) and (c) of this section, a member of a uniformed service who reenlists in a regular component of the service concerned within three months after the date of his discharge or release from compulsory or voluntary active duty (other than for training), or who voluntarily extends his enlistment for at least two years, and <page identifier="/us/stat/76/468">76 <inline class="smallCaps">Stat</inline>. 468</page>who is not covered by section 207 of the Career Compensation Act of 1949, as amended (70 Stat. 338), is entitled to a bonus computed as follows: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:30%; text-align:center; border-top:1px solid black"></th> <th style="width:35%; text-align:center; border-left:1px solid black; border-top:1px solid black">Column 1</th> <th style="width:35%; text-align:center; border-left:1px solid black; border-top:1px solid black">Column 2</th> </tr> <tr class="header" style="font-size:8pt"> <th style="text-align:center">Reenrollment involved<ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn010468">1</ref></th> <th style="text-align:center; border-left:1px solid black"></th> <th style="text-align:center; border-left:1px solid black"></th> </tr> <tr class="header" style="font-size:8pt"> <th style="text-align:center; border-bottom:1px solid black"></th> <th style="text-align:center; border-left:1px solid black; border-bottom:1px solid black">Take—</th> <th style="text-align:center; border-left:1px solid black; border-bottom:1px solid black">Multiply by—</th> </tr> </thead> <tfoot> <tr> <td colspan="3" style="text-align:left; text-indent:1em; font-size:8pt"><footnote xmlns="http://schemas.gpo.gov/xml/uslm" id="fn010468"><sup xmlns="http://schemas.gpo.gov/xml/uslm">1</sup> Any reenlistment when a bonus was not authorized is not counted.</footnote> </td> </tr> <tr> <td colspan="3" style="text-align:left; text-indent:1em; font-size:8pt"><footnote xmlns="http://schemas.gpo.gov/xml/uslm" id="fn020468"><sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> Two-thirds of the monthly basic pay in the case of a member in pay grade E–1 at the time of discharge or release.</footnote> </td> </tr> <tr> <td colspan="3" style="text-align:left; text-indent:1em; font-size:8pt"><footnote xmlns="http://schemas.gpo.gov/xml/uslm" id="fn030468"><sup xmlns="http://schemas.gpo.gov/xml/uslm">3</sup> On the sixth anniversary of an Indefinite reenlistment, and on each anniversary thereafter, the member is entitled to a bonus equal to one-third of the monthly basic pay to which be is entitled on that anniversary date.</footnote> </td> </tr> <tr> <td colspan="3" style="text-align:left; text-indent:1em; font-size:8pt"><footnote xmlns="http://schemas.gpo.gov/xml/uslm" id="fn040468"><sup xmlns="http://schemas.gpo.gov/xml/uslm">4</sup> A bonus may not be paid to a member in pay grade E–1 or E–2 at the time of discharge or release.</footnote> </td> </tr> <tr> <td colspan="3" style="text-align:left; text-indent:1em; font-size:8pt"><footnote xmlns="http://schemas.gpo.gov/xml/uslm" id="fn050468"><sup xmlns="http://schemas.gpo.gov/xml/uslm">5</sup> A bonus may not be paid to a member In pay grade E–1, E–2, or E–3 at the time of discharge or release.</footnote> </td> </tr> </tfoot> <tbody> <tr> <td style="text-align:left; vertical-align:top"> </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:top; border-left:1px solid black"></td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">First</td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em">Monthly basic pay to which member was entitled at the time of discharge or release.<ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn020468">2</ref></td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; text-indent:-1em; padding-left:2em">Number of years specified in reenlistment contract, or six, if none specified.<ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn030468">3</ref></td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">Second</td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em">Two-thirds of the monthly basic pay to which the member was entitled at the time of discharge or release.<ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn040468">4</ref></td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em">Do.<ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn010468">1</ref></td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">Third</td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em">One-third at the monthly basic pay to which the member was entitled at the time of discharge or release.<ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn040468">4</ref></td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em">Do.<ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn020468">2</ref></td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">Fourth (and subsequent).</td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em">One-sixth of the monthly basic pay to which the member was entitled at the time of discharge or release.<ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn050468">5</ref></td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; text-indent:-1em; padding-left:2em">Do.<ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn030468">3</ref></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:left; vertical-align:top; border-left:1px solid black; border-bottom:1px solid black"></td> </tr> </tbody> </table> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">A member who reenlists—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>during his prescribed period of basic recruit training; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>after completing 20 years of active Federal service;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">is not entitled to a bonus. A member who reenlists before completing 20 years of active Federal service, but who will, under that enlistment, complete more than 20 years of that service, is entitled to a bonus computed by using as a multiplier only the number of years that, when added to his previous service, totals 20 years.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The total amount that may be paid to a member under this section, or under this section and any other law authorizing a reenlistment bonus, may not be more than $2,000.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>An officer of a uniformed service who reenlists in that service within three months after his release from active duty as an officer is entitled to a bonus computed under subsection (a) of this section, if he served as an enlisted member in that service immediately before serving as an officer. For the purposes of this subsection, the monthly basic pay, or appropriate fraction if the member received a bonus for a prior enlistment, or the grade in which he is enlisted, computed in accordance with his years of service computed under section 205 of this title, shall be used in column 1 of the table in subsection (a) of this section instead of the monthly basic pay to which he was entitled at the time of his release from active duty as an officer.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>Under regulations approved by the Secretary of Defense, or by the Secretary of the Treasury with respect to the Coast Guard, a member who voluntarily, or because of his misconduct, does not complete the term of enlistment for which a bonus was paid to him under this section shall refund that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>The Secretary concerned may prescribe regulations for the administration of this section in his department.</content> </subsection> </section> <section> <num value="309">§ 309. </num> <heading class="inline">Reserves; members of National Guard: additional pay for performance of administrative duty</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Under regulations prescribed by the Secretary concerned, an officer of the National Guard or of a reserve component of a uniformed service who commands an organization, and has administrative functions connected with it, is entitled to not more than $240 a year for <page identifier="/us/stat/76/469">76 <inline class="smallCaps">Stat</inline>. 469</page>the faithful performance of those functions, in addition to pay to which he is entitled under section 206 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>For the purpose of determining the amounts to be paid to officers performing the functions described in subsection (a) of this section, the Secretary concerned may, from time to time, divide those officers into classes and fix the amount payable to officers in each class.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>This section does not apply to an officer who is entitled to basic pay under section 204 of this title.</content> </subsection> </section> </chapter> <chapter> <num value="7">Chapter 7—</num> <heading class="inline">Allowances</heading> <toc> <referenceItem role="section"><designator>Sec.</designator> <label></label></referenceItem> <referenceItem role="section"><designator>401.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>402.</designator> <label>Basic allowance for subsistence.</label></referenceItem> <referenceItem role="section"><designator>403.</designator> <label>Basic allowance for quarters.</label></referenceItem> <referenceItem role="section"><designator>404.</designator> <label>Travel and transportation allowances; general.</label></referenceItem> <referenceItem role="section"><designator>405.</designator> <label>Travel and transportation allowances: per diem while on duty outside the United States or in Hawaii or Alaska.</label></referenceItem> <referenceItem role="section"><designator>406.</designator> <label>Travel and transportation allowances: dependents; baggage and household effects.</label></referenceItem> <referenceItem role="section"><designator>407.</designator> <label>Travel and transportation allowances: dislocation allowances.</label></referenceItem> <referenceItem role="section"><designator>408.</designator> <label>Travel and transportation allowances: travel within limits of duty station.</label></referenceItem> <referenceItem role="section"><designator>409.</designator> <label>Travel and transportation allowances: trailers.</label></referenceItem> <referenceItem role="section"><designator>410.</designator> <label>Travel and transportation allowances: miscellaneous categories.</label></referenceItem> <referenceItem role="section"><designator>411.</designator> <label>Travel and transportation allowances: administrative provisions.</label></referenceItem> <referenceItem role="section"><designator>412.</designator> <label>Appropriations for travel: may not be used for attendance at certain meetings.</label></referenceItem> <referenceItem role="section"><designator>413.</designator> <label>Chairman of the Joint Chiefs of Staff.</label></referenceItem> <referenceItem role="section"><designator>414.</designator> <label>Personal money allowance.</label></referenceItem> <referenceItem role="section"><designator>415.</designator> <label>Uniform allowance: officers; initial allowance.</label></referenceItem> <referenceItem role="section"><designator>416.</designator> <label>Uniform allowance: officers; additional allowances.</label></referenceItem> <referenceItem role="section"><designator>417.</designator> <label>Uniform allowance: officers; general provisions.</label></referenceItem> <referenceItem role="section"><designator>418.</designator> <label>Clothing allowance: enlisted members.</label></referenceItem> <referenceItem role="section"><designator>419.</designator> <label>Allowances while participating in international sports.</label></referenceItem> <referenceItem role="section"><designator>420.</designator> <label>Allowances: no increase while dependent is entitled to basic pay.</label></referenceItem> <referenceItem role="section"><designator>421.</designator> <label>Contract surgeons.</label></referenceItem> <referenceItem role="section"><designator>422.</designator> <label>Cadets, midshipmen, and naval officer candidates.</label></referenceItem> <referenceItem role="section"><designator>423.</designator> <label>Validity of allowance payments based on purported marriages.</label></referenceItem> <referenceItem role="section"><designator>424.</designator> <label>Band leaders.</label></referenceItem> <referenceItem role="section"><designator>425.</designator> <label>United States Navy Band; United States Marine Band: allowance while on concert tour.</label></referenceItem> <referenceItem role="section"><designator>426.</designator> <label>Prisoners in naval confinement facilities.</label></referenceItem> </toc> <section> <num value="401">§ 401. </num> <heading class="inline">Definitions</heading> <chapeau>In this chapter, “dependent”, with respect to a member of a uniformed service, means—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>his spouse;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>his unmarried legitimate child (including a stepchild, or an adopted child, who is in fact dependent on the member) who either—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>is under 21 years of age; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>is incapable of self-support because of a mental or physical incapacity, and in fact dependent on the member for over one-half of his support; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>his parent (including a stepparent or parent by adoption, and any person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before he became 21 years of age) who is in fact dependent on the member for over one-half of his support and actually resides in the member’s household.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">However, a person is not a dependent of a female member unless he is in fact dependent on her for over one-half of his support. For the purposes of this section, the relationship between a stepparent and his stepchild is terminated by the stepparent’s divorce from the parent by blood.</continuation> </section> <page identifier="/us/stat/76/470">76 <inline class="smallCaps">Stat</inline>. 470</page> <section> <num value="402">§ 402. </num> <heading class="inline">Basic allowance for subsistence</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Except as otherwise provided by this section or by another law, each member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for subsistence in the amount set forth in subsection (d) of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">An enlisted member is entitled to the basic allowance for subsistence, on a daily basis, of one of the following types—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>when rations in kind are not available;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when permission to mess separately is granted; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>when assigned to duty under emergency conditions where no messing facilities of the United States are available.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The allowance to an enlisted member, when authorized, may be paid in advance for a period of not more than three months. An enlisted member is entitled to the allowance while on an authorized leave of absence or while confined in a hospital, but not while being subsisted at the expense of the United States. The allowance for enlisted members who are on leave, or are otherwise authorized to mess separately, shall be equal to the cost of the ration as determined by the Secretary of Defense. Unless he is entitled to basic pay under<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 453.</p></sidenote> chapter 3 of this title, an enlisted member of a reserve component of a uniformed service, or of the National Guard, is entitled, in the discretion of the Secretary concerned, to rations in kind, or a part, thereof, when the instruction or duty periods, described in section 206(a) of this title, total at least eight hours in a calendar day.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>An officer of a uniformed service who is entitled to basic pay is, at all times, entitled to the basic allowances for subsistence on a monthly basis. An aviation cadet of the Navy, Air Force, or Marine Corps is entitled to the same basic allowance tor subsistence as is provided for an officer of the Navy, Air Force, or Marine Corps, respectively.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content class="inline">The basic allowance for subsistence for members of the uniformed services is as follows: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:80%; text-align:left; vertical-align:top" leaders="yes">Officers</td> <td style="width:20%; text-align:left; vertical-align:top">$47.88 a month.</td> </tr> <tr> <td style="text-align:left; vertical-align:top; text-indent:-1em; padding-left:1em">Enlisted members when rations in kind are not available.</td> <td style="text-align:left; vertical-align:top; text-indent:-1em; padding-left:1em">$2.565 a day. </td> </tr> <tr> <td style="text-align:left; vertical-align:top; text-indent:-1em; padding-left:1em">Enlisted members when assigned to duty under emergency conditions where no messing facilities of the United States are available.</td> <td style="text-align:left; vertical-align:top; text-indent:-1em; padding-left:1em">Not more than $3.42 a day. </td> </tr> </tbody> </table> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>Under regulations and in areas prescribed by the Secretary of Defense, an enlisted member who is granted permission to mess separately, and whose duties require him to buy at least one meal from other than a messing facility of the United States, is entitled to not more than the pro rata allowance authorized for each such meal for an enlisted member when rations in kind are not available.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>The President may prescribe regulations for the administration of this section.</content> </subsection> </section> <section> <num value="403">§ 403. </num> <heading class="inline">Basic allowance for quarters</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Except as otherwise provided by this section or by another law, a member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for quarters at the following <page identifier="/us/stat/76/471">76 <inline class="smallCaps">Stat</inline>. 471</page>monthly rates according to the pay grade in which he is assigned or distributed for basic pay purposes: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:30%; height:4em; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Pay grade</th> <th style="width:10%; text-align:center; border-top:1px solid black; border-left:1px solid black; border-bottom:1px solid black">With dependents</th> <th style="width:10%; text-align:center; border-top:1px solid black; border-left:1px solid black; border-bottom:1px solid black">Without dependents</th> <th style="width:30%; text-align:center; border-top:1px solid black; border-left:3px double black; border-bottom:1px solid black">Pay grade</th> <th style="width:10%; text-align:center; border-top:1px solid black; border-left:1px solid black; border-bottom:1px solid black">With dependents</th> <th style="width:10%; text-align:center; border-top:1px solid black; border-left:1px solid black; border-bottom:1px solid black">Without dependents</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top"></td> <td style="text-align:right; vertical-align:top; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:top; border-left:1px solid black"></td> <td style="text-align:left; vertical-align:top; border-left:3px double black"></td> <td style="text-align:right; vertical-align:top; border-left:1px solid black"></td> <td style="text-align:right; vertical-align:top; border-left:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–10</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">$171. 00 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">$136. 80 </td> <td style="text-align:left; vertical-align:top; border-left:3px double black; text-indent:-1em; padding-left:2em" leaders="yes">E–9</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">$67. 50 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">$45. 00 </td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–9</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">171. 00 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">136. 80 </td> <td style="text-align:left; vertical-align:top; border-left:3px double black; text-indent:-1em; padding-left:2em" leaders="yes">E–8</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">67. 50 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">45. 00 </td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–8</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">171. 00 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">136. 80 </td> <td style="text-align:left; vertical-align:top; border-left:3px double black; text-indent:-1em; padding-left:2em" leaders="yes">E–7</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">67. 50 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">45. 00 </td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–7</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">171. 00 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">136. 80 </td> <td style="text-align:left; vertical-align:top; border-left:3px double black; text-indent:-1em; padding-left:2em" leaders="yes">E–6</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">67. 50 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">45. 00 </td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–6</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">136. 80 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">119. 70 </td> <td style="text-align:left; vertical-align:top; border-left:3px double black; text-indent:-1em; padding-left:2em" leaders="yes">E–5</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">67. 50 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">45. 00 </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">O–5</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">138. 80 </td> <td style="text-align:right; vertical-align:top; border-right:3px double black">102. 50 </td> <td rowspan="3" style="text-align:left; vertical-align:top; border-right:1px solid black; text-indent:-1em; padding-left:2em">E–4 (7 or more years’ service creditable under section 205)</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black"></td> <td style="text-align:right; vertical-align:top"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">O–4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">119. 70 </td> <td style="text-align:right; vertical-align:top; border-right:3px double black">94. 20 </td> <td style="text-align:right; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:top"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">O–3</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">102. 50 </td> <td style="text-align:right; vertical-align:top; border-right:3px double black">85. 50 </td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">67. 50 </td> <td style="text-align:right; vertical-align:top">45. 00 </td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–2</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">94. 20 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">77. 10 </td> <td rowspan="3" style="text-align:left; vertical-align:top; border-left:3px double black; text-indent:-1em; padding-left:2em">E–4 (7 or more years’ service creditable under section 205)</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">O–1</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">85. 50 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">68. 40 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">W–4</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">119. 70 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">94. 20 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">45. 00 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">45. 00 </td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">W–3</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">102. 50 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">85. 50 </td> <td style="text-align:left; vertical-align:top; border-left:3px double black; text-indent:-1em; padding-left:2em" leaders="yes">E–3</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">45. 00 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">45. 00 </td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">W–2</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">94. 20 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">77. 10 </td> <td style="text-align:left; vertical-align:top; border-left:3px double black; text-indent:-1em; padding-left:2em" leaders="yes">E–2</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">45. 00 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">45. 00 </td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">W–1</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">85. 50 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">68. 40 </td> <td style="text-align:left; vertical-align:top; border-left:3px double black; text-indent:-1em; padding-left:2em" leaders="yes">E–1</td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">45. 00 </td> <td style="text-align:right; vertical-align:top; border-left:1px solid black">45. 00 </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:top; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:top; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:left; vertical-align:top; border-left:3px double black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:top; border-left:1px solid black; border-bottom:1px solid black"></td> <td style="text-align:right; vertical-align:top; border-left:1px solid black; border-bottom:1px solid black"> </td> </tr> </tbody> </table> <p class="indent0 fontsize10">A member in pay grade E–4 (less than seven years’ service), E–3, E–2, or E–1, is considered at all times to be without dependents.</p> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Except as otherwise provided by law, a member of a uniformed service who is assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service, appropriate to his grade, rank, or rating and adequate for himself, and his dependents, if with dependents, is not entitled to a basic allowance for quarters.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>A member of a uniformed service without dependents is not entitled to a basic allowance for quarters while he is on field duty, unless his commanding officer certifies that the member was necessarily required to procure quarters at his expense, or while he is on sea duty. For the purposes of this subsection, duty for a period of less than three months is not considered to be field duty or sea duty.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>A member of a uniformed service who is assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service may not be denied the basic allowance for quarters if, because of orders of competent authority, his dependents are prevented from occupying those quarters.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>Notwithstanding any other law (including those restricting the occupancy of housing facilities under the jurisdiction of a department or agency of the United States by members, and their dependents, of the armed forces above specified grades, or by members, and their dependents, of the Coast and Geodetic Survey and the Public Health Service), a member of a uniformed service, and his dependents, may be accepted as tenants in, and may occupy on a rental basis, any of those housing facilities, other than public quarters constructed or designated for assignment to and occupancy without charge by such a member, and his dependents, if any. Such a member may not, because of his occupancy under this subsection, be deprived of any money allowance to which he is otherwise entitled for the rental of quarters.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>Appropriations may not be used to pay a member of a uniformed service without dependents a basic, allowance for quarters while he is m a travel or leave status between permanent duty stations, including time granted as delay en route or proceed time.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>The President may prescribe regulations for the administration of this section, including definitions of the words “field duty” and “sea duty”.</content> </subsection> </section> <page identifier="/us/stat/76/472">76 <inline class="smallCaps">Stat</inline>. 472</page> <section> <num value="404">§ 404. </num> <heading class="inline">Travel and transportation allowances: general</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Under regulations prescribed by the Secretaries concerned, a member of a uniformed service is entitled to travel and transportation allowances for travel performed or to be performed under orders, without regard to the comparative costs of the various modes of transportation—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>upon a change of permanent station, or otherwise, or when away from his designated post of duty regardless of the length of time he is away from that post;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>upon appointment, call to active duty, enlistment, or induction, from his home or from the place from which called or ordered to active duty to his first station; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>upon separation from the service, placement on the temporary disability retired list, release from active duty, or retirement, from his last duty station to his home or the place from which he was called or ordered to active duty, whether or not he is or will be a member of a uniformed service at the time the travel is or will be performed.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">The Secretaries concerned may prescribe—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the conditions under which travel and transportation allowances are authorized, including advance payments thereof; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the allowances for the kinds of travel, but not more than the amounts authorized in this section.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <chapeau class="inline">Under uniform regulations prescribed by the Secretaries concerned, a member who—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>is retired, or is placed on the temporary disability retired list, under chapter 61 or title 10; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/91">70A Stat. 91</ref>.</p></sidenote> <content>is retired with pay under any other law, or, immediately following at least eight years of continuous active duty with no single break therein of more than 90 days, is discharged with severance pay or is involuntarily released from active duty with readjustment pay;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">may select his home for the purposes of the travel and transportation allowances authorized by subsection (a) of this section.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <chapeau>The travel and transportation allowances authorized for each kind of travel may not be more than one of the following—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>transportation in kind, reimbursement therefor, or a monetary allowance in place of the cost of transportation at a rate that is not more than 7 cents a mile based on distances established, over the shortest usually traveled route, under mileage tables prepared by the Chief of Finance of the Army under the direction of the Secretary of the Army;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>transportation in kind, reimbursement therefor, or a monetary allowance as provided by clause (1) of this section, plus a per diem in place of subsistence of not more than $12 a day; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a mileage allowance of not more than 10 cents a mile based on distances established under clause (1) of this section.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>A member who is on duty with, or is undergoing training for, the Military Air Transport Service, the Marine Corps Transport Squadrons, the Fleet Tactical Support Squadrons, or the Naval Aircraft Ferrying Squadrons? and who is away from his permanent station, may be paid a per diem in lieu of subsistence in an amount not more than the amount to which he would be entitled if he were performing travel in connection with temporary duty without, in either case, the issuance of orders for specific travel.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>The travel and transportation allowances authorized under this section may be paid on the member’s separation from the service or release from active duty, whether or not he performs the travel involved.</content> </subsection> </section> <page identifier="/us/stat/76/473">76 <inline class="smallCaps">Stat</inline>. 473</page> <section> <num value="405">§ 405. </num> <heading class="inline">Travel and transportation allowances: per diem while on duty outside United States or in Hawaii or Alaska</heading> <content>Without regard to the monetary limitations of this title, the Secretaries concerned may authorize the payment of a per diem, considering all elements or the cost of living to members of the uniformed services under their jurisdiction and their dependents, including a cost of quarters, subsistence, and other necessary incidental expenses, to such a member who is on duty outside of the United States or in Hawaii or Alaska, whether or not he is in a travel status. However, dependents may not be considered in determining the per diem allowance for a member in a travel status.</content> </section> <section> <num value="406">§ 406. </num> <heading class="inline">Travel and transportation allowances: dependents; baggage and household effects</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A member of a uniformed service who is ordered to make a change of permanent station is entitled to transportation in kind for his dependents, to reimbursement therefor, or to a monetary allowance in place of that transportation in kind at a rate to be prescribed, but not more than the rate authorized under section 404(d) of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In connection with a temporary or permanent change of station, a member is entitled to transportation (including packing, crating, drayage, temporary storage, and unpacking) of baggage and household effects, or reimbursement therefor, within such weight allowances prescribed by the Secretaries concerned, without regard to the comparative costs of the various modes of transportation.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <chapeau>The allowances and transportation authorized by subsections (a) and (b) of this section are in addition to those authorized by sections 404 and 405 of this title and are—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>subject to such conditions and limitations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for such grades, ranks, and ratings; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to and from such places;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">prescribed by the Secretaries concerned. Transportation of the household effects of a member may not be made by commercial air carrier at an estimated over-all cost that is more than the estimated over-all cost of the transportation thereof by other means, unless an appropriate transportation officer has certified in writing to his commanding officer that those household effects to be so transported are necessary for use in carrying out assigned duties, or are necessary to prevent undue hardship and other means of transportation will not fill those needs. However, not more than 1,000 pounds of unaccompanied baggage may be transported by commercial air carrier, without regard to the preceding sentence, under regulations prescribed under the authority of the Secretary of Defense.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The non temporary storage of baggage and household effects may be authorized in facilities of the United States, or in commercial facilities when it is considered to be more economical to the United States. However, the weight of baggage and household effects stored, plus the weight of the baggage and household effects transported, in connection with a change of station may not be more than the maximum weight limitations in regulations prescribed by the Secretaries concerned when it is not otherwise fixed by law. The nontemporary storage of baggage and household effects may not be authorized for a period longer than one year from the date the member concerned is separated from the service, except as prescribed in regulations by the Secretaries concerned for a member who, on the date of his separation, is confined in a hospital, or is in its vicinity, undergoing medical treatment.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <chapeau>When orders directing a change of permanent station for the member concerned have not been issued, or when they have been <page identifier="/us/stat/76/474">76 <inline class="smallCaps">Stat</inline>. 474</page>issued but cannot be used as authority for the transportation of his dependents, baggage, and household effects, the Secretaries concerned may authorize the movement of the dependents, baggage, and household effects and prescribe transportation in kind, reimbursement therefor, or a monetary allowance in place thereof, as the case may be, as authorized under subsection (a) or (b) of this section. This subsection may be used only under unusual or emergency circumstances, including those in which—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the member is performing duty at a place designated by the Secretary concerned as being within a zone from which dependents should be evacuated;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>orders which direct the member’s travel in connection with temporary duty do not provide for return to the permanent station or do not specify or imply any limit to the period of absence from his permanent station; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the member is serving on permanent duty at a station outside the United States, in Hawaii or Alaska, or on sea duty.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>Under regulations prescribed by the Secretary concerned, transportation for dependents, baggage, and household effects of a member is authorized if he dies while entitled to basic pay under chapter 3 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 453.</p></sidenote> <chapeau class="inline">Under uniform regulations prescribed by the Secretaries concerned, a member who—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>is retired, or placed on the temporary disability retired list, under chapter 61 of title 10; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/91">70A Stat. 91</ref>.</p></sidenote> <content>is retired with pay under any other law, or, immediately following at least eight years of continuous active duty with no single break therein of more than 90 days, is discharged with severance pay or is involuntarily released from active duty with readjustment pay;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">is entitled to transportation for his dependents, baggage, and household effects to the home selected under section 404(c) of this title. In addition, baggage and household effects may be shipped to a location other than the home selected by the member. In any case in which the costs are in excess of those which would have been incurred if shipment had been made to his selected home, the member shall pay that excess cost. If a member authorized to select a home under section 404 (c) of this title accrues that right or any entitlement under this subsection but dies before he exercises it, that right or entitlement accrues to and may be exercised by his surviving dependents, or his baggage and household effects may be shipped to the home of the person legally entitled thereto if there are no surviving dependents. However, in any case in which the costs are in excess of those which would have been incurred if shipment had been made to the members’ selected home, the surviving dependents or the person legally entitled to the baggage and household effects, as the case may be, shall pay that excess cost.</continuation> </subsection> </section> <section> <num value="407">§ 407. </num> <heading class="inline">Travel and transportation allowances: dislocation allowance</heading> <subsection class="inline"> <num value="a">(a) </num> <content>Except as provided by subsections (b) and (c) of this section, under regulations approved by the Secretary concerned, a member of a uniformed service whose dependents make an authorized move in connection with his permanent change of station, is entitled to a dislocation allowance equal to his basic allowance for quarters for one month.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>A member is not entitled to more than one dislocation allowance during a fiscal year unless—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the Secretary concerned finds that the exigencies of the service require the member to make more than one such change of station during that fiscal year; or</content> </paragraph> <page identifier="/us/stat/76/475">76 <inline class="smallCaps">Stat</inline>. 475</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the member is ordered to a service school as a permanent change of station.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">This subsection does not apply in time of national emergency declared after April 1, 1955, or in time of war.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>A member is not entitled to payment of a dislocation allowance when ordered from his home to his first duty station or from his last duty station to his home.</content> </subsection> </section> <section> <num value="408">§ 408. </num> <heading class="inline">Travel and transportation allowances: travel within limits of duty station</heading> <content>A member of a uniformed service may be directed, by regulations of the head of the department or agency in which he is serving, to procure transportation necessary for conducting official business of the United States within the limits of his station. Expenses so incurred by the member for train, bus, streetcar, taxicab, ferry, bridge, and similar fares and tolls, or for the use of privately-owned vehicles at a fixed rate a mile, shall be defrayed by the department or agency under which he is serving, or the member is entitled to be reimbursed for the expense.</content> </section> <section> <num value="409">§ 409. </num> <heading class="inline">Travel and transportation allowances: trailers</heading> <chapeau>Under regulations prescribed by the Secretaries concerned and in place of the transportation of baggage and household effects or payment of a dislocation allowance, a member, or in the case of his death his dependent, who would otherwise be entitled to transportation of baggage and household goods under section 406 of this title, may transport a house trailer or mobile dwelling within the United States, except in Hawaii or Alaska, for use as a residence by one of the following means—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>transport the trailer or dwelling and receive a monetary allowance in place of transportation at a rate to be prescribed by the Secretaries concerned, but not more than 20 cents a mile;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>deliver the trailer or dwelling to an agent of the United States for transportation by commercial means; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>transport the trailer or dwelling by commercial means and be reimbursed by the United States subject to such rates as may be prescribed by the Secretaries concerned.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">However, the cost of transportation under clause (2) or the reimbursement under clause (3) may not be more than the lesser of (A) the current average cost for the commercial transportation of a house trailer or mobile dwelling; (B) 36 cents a mile; or (C) the cost of transporting the baggage and household effects of the member or his dependent plus the dislocation allowance authorized in section 407 of this title. Any payment authorized by this section may be made in advance of the transportation concerned.</continuation> </section> <section> <num value="410">§ 410. </num> <heading class="inline">Travel and transportation allowances: miscellaneous categories</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>The following persons are entitled to such travel and transportation allowances provided by section 404 of this title, as prescribed by the Secretaries concerned—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>cadets of the United States Military Academy;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>midshipmen of the United States Naval Academy;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>cadets of the United States Air Force Academy;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>cadets of the Coast Guard Academy;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>applicants for enlistment:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>rejected applicants for enlistment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>general prisoners;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>discharged prisoners;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>insane patients transferred from military hospitals to other hospitals or to their homes; and</content> <page identifier="/us/stat/76/476">76 <inline class="smallCaps">Stat</inline>. 476</page> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>persons discharged from Saint Elizabeths Hospital after transfer from a uniformed service.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The Secretary concerned shall, in prescribing allowances under subsection (a) of this section, consider the rights of the United States, as well as those of the persons concerned.</content> </subsection> </section> <section> <num value="411">§ 411. </num> <heading class="inline">Travel and transportation allowances: administrative provisions</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content class="inline">For the administration of sections 404 (a), (b), and (d)-(f), 405, 406(a)-(f), 407, 409, and 410 of this title, the Secretaries concerned shall prescribe regulations that are, as far as practicable, uniform for all of the uniformed services.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">In establishing the rates and kinds of allowances authorized by the sections of this title designated by subsection (a) of this section, the Secretaries concerned shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>consider the average cost of first-class transportation, including sleeping accommodations, when prescribing a monetary allowance in place of transportation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>consider the current economic data on the cost of subsistence, including lodging and other necessary incidental expenses related thereto, when prescribing per diem rates; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>consider the average cost of first-class transportation, including sleeping accommodations and current economic data on the cost, of subsistence, including lodging and other necessary incidental expenses relating thereto, when prescribing mileage rates.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The Secretaries concerned shall determine what constitutes a travel status for the purposes of the sections of this title designated by subsection (a) of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The Secretary concerned shall define the words “permanent station” for the purposes of the sections of this title designated by subsection (a) of this section. The definition shall include a shore station or the home yard or home port of a vessel to which a member of a uniformed service who is entitled to basic pay may be ordered. An authorized change in the home yard or home port of such a vessel is a change of permanent station.</content> </subsection> </section> <section> <num value="412">§ 412. </num> <heading class="inline">Appropriations for travel: may not be used for attendance at certain meetings</heading> <content>Appropriations of the Department of Defense that are available for travel may not, without the approval of the Secretary concerned or his designee, be used for expenses incident to attendance of a member of an armed force under that department at a meeting of a technical, scientific, professional, or similar organization.</content> </section> <section> <num value="413">§ 413. </num> <heading class="inline">Chairman of the Joint Chiefs of Staff</heading> <content>The Chairman of the Joint Chiefs of Staff is entitled to the allowances provided by law for the Chief of Staff of the Army.</content> </section> <section> <num value="414">§ 414. </num> <heading class="inline">Personal money allowance</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau class="inline">In addition to other pay or allowances authorized by this title, an officer who is entitled to basic pay is entitled to a personal money allowance of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>$500 a year, while serving in the grade of lieutenant general or vice admiral, or in an equivalent grade or rank;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>$1,200 a year, in place of any other personal money allowance authorized by this section, while serving as Surgeon General of the Public Health Service, or as Director of the Coast and Geodetic Survey;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>$2,200 a year, in addition to the personal money allowance authorized by clause (1) of this subsection, while serving as a <page identifier="/us/stat/76/477">76 <inline class="smallCaps">Stat</inline>. 477</page>senior member of the Military Staff Committee of the United Nations;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>$2,200 a year, while serving in the grade of general or admiral, or in an equivalent grade or rank; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>$4,000 a year, in place of any other personal money allowance authorized by this section, while serving as Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">In addition to other pay or allowances authorized by law, an officer who is serving in one of the following positions is entitled to the amount set forth for that position, to be paid annually out of naval appropriations for pay, and to be spent in his discretion for the contingencies of his position—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Superintendent of the Naval Postgraduate School—$400;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Commandant of Midshipmen at the Naval Academy—$800;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>President of the Naval War College—$1,000;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Superintendent of the Naval Academy—$5,200; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Director of Naval Intelligence—$5,200.</content> </paragraph> </subsection> </section> <section> <num value="415">§ 415. </num> <heading class="inline">Uniform allowance: officers; initial allowance</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Subject to subsections (b) and (c) of this section, a reserve officer of an armed force or an officer of the Army, or the Air Force, without specification of component, is entitled to an initial allowance of not more than $200 as reimbursement for the purchase of required uniforms and equipment—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>upon first reporting for active duty (other than for training) for a period of more than 90 days;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>upon completing at least 14 days of active duty as a member of a reserve component; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>upon completing 14 periods, each of which was of at least two hours’ duration, of inactive-duty training as a member of the Ready Reserve.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value=" b">(b) </num> <content>An officer who has received an initial uniform reimbursement or allowance under any other law is not entitled to an initial allowance under subsection (a) of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>An officer who has served on active duty as an officer of a regular component of an armed force may not, on the basis of any duty performed within two years after his separation from that component, qualify for an initial allowance under subsection (a) of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <chapeau>An allowance of $250 for uniforms and equipment may be paid to each commissioned officer of the Public Health Service who is—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>on active duty;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>required by directive of the Surgeon General to wear a uniform; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>is entitled to the basic pay of pay grade O–1, O–2, or O–3.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">An officer is not entitled to more than one allowance under this subsection.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>An enlisted member of the Navy, Marine Corps, or Coast Guard who is initially appointed as a temporary officer under section 5596 or 5597 of title 10 or section 435 of title 14, as the case may<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/328/621">70A Stat. 328, 621</ref>; <i>Post</i>, p. 493.</p></sidenote> be, is entitled to a uniform allowance of $250.</content> </subsection> </section> <section> <num value="416">§ 416. </num> <heading class="inline">Uniform allowance: officers; additional allowance</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>In addition to the initial uniform allowance authorized by section 415(a)-(c) of this title, a reserve officer of an armed force who has not become entitled to a uniform reimbursement or allowance as an officer during the preceding four years, is entitled to not more than $50 as reimbursement for the purchase of required uni-<page identifier="/us/stat/76/478">76 <inline class="smallCaps">Stat</inline>. 478</page>forms and equipment, upon completion of each period, after July 9, 1952, of four years of service, as prescribed by section 1332 of title <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/102">70A Stat. 102</ref>.</p></sidenote>10, in an active status in a reserve component, including at least 28 days of active duty. However, periods of active duty of more than 90 days may not be included in computing that four years of service.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>In addition to the allowance provided by section 415(a)-(c) of this title and subsection (a) of this section, a reserve officer of an armed force, or an officer of the Army, or the Air Force, without specification of component, is entitled to not more than $100 as reimbursement for additional uniforms and equipment required on that duty, for each time that he enters on active duty for a period of more than 90 days. However, this subsection does not apply to a tour of active duty if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the officer, during that tour or within a period of two years before entering on that tour, received, under any law, an initial uniform reimbursement or allowance of more than $200; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the officer enters on that tour within two years after completing a period of active duty of more than 90 days’ duration.</content> </paragraph> </subsection> </section> <section> <num value="417">§ 417. </num> <heading class="inline">Uniform allowance: officers; general provisions</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Subject to standards, policies, and procedures prescribed by the Secretary of Defense, the Secretary of each military department may prescribe regulations that he considers necessary to carry out sections 415(a)-(c) and 416 of this title within his department. The Secretary of the Treasury, with the concurrence of the Secretary of the Navy, may prescribe regulations that he considers necessary to carry out those sections for the Coast Guard when it is not operating as a service in the Navy. As far as practicable, regulations for all reserve components shall be uniform.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Under regulations approved by the Secretary of Defense, or by the Secretary of the Treasury with respect to the Coast Guard when it is not operating as a service in the Navy, and subject to section 415(a)-(c) or 416 of this title, a reserve officer of an armed force who has received a uniform and equipment allowance under section 415(a)-(c) or 416 of this title, may, if a different uniform is required, be paid a uniform and equipment reimbursement upon transfer to, or appointment in, another reserve component.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>For the purposes of sections 415(a)-(c) and 416 of this title and subsections (a) and (b) of this section, an officer may count only that duty for which he is required to wear a uniform.</content> </subsection> </section> <section> <num value="418">§ 418. </num> <heading class="inline">Clothing allowance: enlisted members</heading> <content>The President may prescribe the quantity and kind of clothing to be furnished annually to an enlisted member of the armed forces or the National Guard, and may prescribe the amount of a cash allowance to be paid to such a member if clothing is not so furnished to him.</content> </section> <section> <num value="419">§ 419. </num> <heading class="inline">Allowances while participating in international sports</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/521">72 Stat. 521</ref>.</p></sidenote> <content>Section 716 of title 10 does not authorize the payment of allowances at higher rates than those provided for participation in military activities not covered by that section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Notwithstanding any other law, a member of a uniformed service is not entitled to travel and transportation allowances under sections 404–411 of this title for any period during which his expenses for travel or transportation are being paid by the agency sponsoring his participation in a competition covered by section 716 of title 10.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content class="inline">Notwithstanding any other law, a member of a uniformed service who has no dependents is not entitled to the basic allowances for subsistence and quarters authorized by sections 402 and 403 of <page identifier="/us/stat/76/479">76 <inline class="smallCaps">Stat</inline>. 479</page>this title for a period during which he is subsisted and quartered by the agency sponsoring his participation in a competition covered by section 716 of title 10.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/521">72 Stat. 521</ref>.</p></sidenote></content> </subsection> </section> <section> <num value="420">§ 420. </num> <heading class="inline">Allowances: no increase while dependent is entitled to basic pay</heading> <content>A member of a uniformed service may not be paid an increased allowance under this chapter, on account of a dependent, for any period during which that dependent is entitled to basic pay under section 204 or this title.</content> </section> <section> <num value="421">§ 421. </num> <heading class="inline">Contract surgeons</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content class="inline">A contract surgeon who is serving full time with a uniformed service is entitled to the basic allowances, and other allowances authorized by this chapter, of a commissioned officer in pay grade 0–2 with less than two years of service computed under section 205 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content class="inline">A contract surgeon who is serving part time with a uniformed service is entitled to the travel and transportation allowances authorized by this chapter under the same conditions and in the same amounts as are applicable to commissioned officers.</content> </subsection> </section> <section> <num value="422">§ 422. </num> <heading class="inline">Cadets, midshipmen, and naval officer candidates</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to the allowances provided by law for a midshipman in the Navy, and to travel and transportation allowances prescribed under section 410 of this title, while traveling under orders as a cadet or midshipman.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content class="inline">Each midshipman of the Navy to whom a Navy ration is not furnished is entitled to the commuted value of the ration in money for each day that he is on active duty, including each day that he is on leave. The Secretary of the Navy may prescribe regulations stating the conditions under which the commuted value shall be allowed and may prescribe regulations establishing the rates at which the ration shall be commuted.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <chapeau class="inline">A midshipman appointed under section 6904 of title 10, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/421">70A Stat. 421</ref>.</p></sidenote>or a seaman recruit who is enlisted under section 6905 of title 10, is entitled to the allowances provided for a midshipman at the United States Naval Academy for—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>initial travel to the college or university in which matriculated;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>travel while under orders; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>travel on discharge.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">However, allowance for travel on discharge may not be paid to such a midshipman or recruit who is discharged and who continues his scholastic instruction at the same college or university.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>While on flight training or on flight duty, a midshipman appointed under section 6906 of title 10 is entitled to the allowances<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/423">70A Stat. 423</ref>.</p></sidenote> provided for a midshipman at the United States Naval Academy.</content> </subsection> </section> <section> <num value="423">§ 423. </num> <heading class="inline">Validity of allowance payments based on purported marriages</heading> <content>A payment of an allowance, based on a purported marriage, that is made under this chapter, under the Career Compensation Act of 1949, or under the Pay Readjustment Act of 1942, before judicial <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/802">63 Stat. 802</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t37/s231">37 USC 231 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/56/359">56 Stat. 359</ref>; <ref href="/us/stat/63/839">63 Stat. 839</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t37/s17a/115/119">37 USC 17a note, 115, 119</ref>.</p></sidenote>annulment or termination of that marriage, is valid, if a court of competent jurisdiction adjudges or decrees that the marriage was entered into in good faith on the part of the spouse who is a member of a uniformed service or if, in the absence of such a judgment or decree, such a finding of good faith is made by the Secretary concerned or by a person designated by him to investigate the matter.</content> </section> <page identifier="/us/stat/76/480">76 <inline class="smallCaps">Stat</inline>. 480</page> <section> <num value="424">§ 424. </num> <heading class="inline">Band leaders</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The leader of the Army Band is entitled to the allowances of a captain in the Army.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The director of music at the United States Military Academy is entitled to the allowances of a commissioned officer whose grade corresponds to the rank prescribed for the director by the Secretary of the Army.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The leader of the United States Navy Band is entitled to the allowances of a lieutenant in the Navy.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>A member of the Marine Corps who is appointed as director or assistant director of the United States Marine Corps Band under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1508">72 Stat. 1508</ref>.</p></sidenote>section 6222 of title 10, is entitled, while serving thereunder, only to the allowances of an officer in the grade in which he is serving. However, his allowances may not be less than those to which he was entitled at the time of his appointment under that section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>The leader of the Naval Academy Band is entitled to the allowances of the pay grade prescribed for him by the Secretary of the Navy under section 207(e) of this title. The second leader is entitled to the allowances of a warrant officer, W–1.</content> </subsection> </section> <section> <num value="425">§ 425. </num> <heading class="inline">United States Navy Band; United States Marine Corps Band: allowances while on concert tour</heading> <content>While on concert tours approved by the President, the members of the United States Navy Band and the United States Marine Corps Band do not forfeit allowances.</content> </section> <section> <num value="426">§ 426. </num> <heading class="inline">Prisoners in naval confinement facilities</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A person who is confined in a naval confinement facility under the sentence of a court-martial is entitled to an amount fixed by the Secretary of the Navy, but not more than $3 a month, for necessary expenses.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Appropriations for the pay of the Navy or the Marine Corps, as the case may be, may be used for payments under this section.</content> </subsection> </section> </chapter> <chapter> <num value="9">Chapter 9—</num> <heading class="inline">Leave</heading> <toc> <referenceItem role="section"><designator>Sec.</designator> <label></label></referenceItem> <referenceItem role="section"><designator>501.</designator> <label>Payments tor unused accrued leave.</label></referenceItem> <referenceItem role="section"><designator>502.</designator> <label>Absences due to sickness, wounds, and certain other causes.</label></referenceItem> <referenceItem role="section"><designator>503.</designator> <label>Absence without leave or over leave.</label></referenceItem> <referenceItem role="section"><designator>504.</designator> <label>Cadets and midshipmen: chapter does not apply to.</label></referenceItem> </toc> <section> <num value="501">§ 501. </num> <heading class="inline">Payments for unused accrued leave</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>In subsections (b)-(f) of this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>“discharge” means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>in the case of an enlisted member, separation or release from active duty under honorable conditions or appointment as an officer; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>in the case of an officer, separation or release from active duty under honorable conditions;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>“child” means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>a legitimate child;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>a legally adopted child;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>a stepchild, if, at the time of the death of the member or former member, the stepchild was a member of his household;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>an illegitimate child, in the case of a female member or former member;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>an illegitimate child to whose support a male member or former member has been judicially ordered or decreed to contribute, of whom he has been judicially decreed to be the father, or of whom he has acknowledged in writing under oath that he is the father; and</content> </subparagraph> <page identifier="/us/stat/76/481">76 <inline class="smallCaps">Stat</inline>. 481</page> <subparagraph class="firstIndent1 fontsize10"> <num value="F">(F) </num> <content>a person to whom the member or former member, at the time of his death, stood in loco parentis and so stood for at least 12 months before his death;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>“parent” means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>a father or mother;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>a grandfather or grandmother;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>a stepfather or stepmother;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>a father or mother by adoption; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>a person who for a period of not less than one year before the death of the member or former member stood in loco parentis to him;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">except that not more than two persons may be treated as parents for the purposes of this clause, and preference shall be given to the persons who bore a parental relation at the time of, or most nearly before, the death of the member or former member; and</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau>“brother or sister” means—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>a brother or sister of the whole blood;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>a brother or sister of the half blood;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>a stepbrother or stepsister; or (D) a brother or sister by adoption.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>An officer of the Army, Navy, Air Force, Marine Corps, Coast Guard, or Coast and Geodetic Survey who had accrued leave to his credit at the time of his discharge is entitled to be paid in cash or by a check on the Treasurer of the United States for that leave on the basis of the basic pay and allowances to which he was entitled on the date of discharge. An enlisted member of such a uniformed service who had accrued leave to his credit at the time of his discharge is entitled to be paid in cash or by a check on the Treasurer of the United States for that leave on the basis of the basic pay to which he was entitled on the date of discharge, plus an allowance computed at the rate of 70 cents a day for subsistence, and for an enlisted member in pay grade E–9, E–8, E–7, E–6, or E–5, with dependents, an allowance computed at the rate of $1.25 a day for quarters. However, a payment may not be made under this subsection to a member who—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>is discharged for the purpose of accepting an appointment or a warrant, or entering into an enlistment, in his armed force; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>elects to carry over his unused leave to a new enlistment in his armed force on the day after the date of his discharge.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">A member to whom a payment may not be made under this subsection, or a member who reverts from officer to enlisted status, carries the accrued leave standing to his credit from the one status to the other within his armed force.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Unused accrued leave for which payment is made under subsection (b) of this section is not considered as service for any purpose.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <chapeau class="inline">Payments for unused accrued leave under subsection (b) of this section, in the case of a member or former member who dies after retirement or discharge and before he receives that payment, shall be made upon application, to or for the living survivors highest on the following list—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>his surviving spouse and children, in equal shares;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>his parents, in equal shares;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>his brothers and sisters, in equal shares; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the children of his deceased brothers and sisters, in equal shares.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">If there is no survivor, payment may not be made under this subsection. Payment under this subsection to a survivor who has passed his seventeenth birthday and who has not passed his twenty-first birthday discharges the obligations of the United States under this subsection.</continuation> </subsection> <page identifier="/us/stat/76/482">76 <inline class="smallCaps">Stat</inline>. 482</page> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>A member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or Coast and Geodetic Survey who is discharged under other than honorable conditions forfeits all accrued leave to his credit at the time of his discharge.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>Payment may not be made for leave in excess of 60 days upon discharge or retirement.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <chapeau>An officer of the Regular Corps of the Public Health Service, or an officer of the Reserve Corps of the Public Health Service on active duty, who is credited with accumulated and accrued annual leave on the date of his separation, retirement, or release from active duty, shall, if his application for that leave is approved by the Surgeon General, be paid for that leave in a lump-sum on the basis of his basic E subsistence allowance, and allowance for quarters whether or not he is receiving that allowance on that date. However, the number of days upon which the lump-sum payment is based may not be more than 60. A lump-sum payment may not be made under this subsection to an officer—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>whose appointment expires or is terminated and who, without a break in active service, accepts a new appointment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>who is retired for age in time of war and is continued on, or recalled to, active duty without a break in active service; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>who is transferred to another department or agency of the United States under circumstances in which, by any other law, his leave may be transferred.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">In this subsection, “accumulated annual leave” means unused accrued annual leave carried forward from one leave year into the next leave year, and “accrued annual leave” means the annual leave accruing to an officer during one leave year.</continuation> </subsection> </section> <section> <num value="502">§ 502. </num> <heading class="inline">Absences due to sickness, wounds, and certain other causes</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A member of the Army, Navy, Air Force. Marine Corps, Coast Guard, or Coast and Geodetic Survey, who is absent because of sickness or wounds, or who is directed by the Secretary concerned, or his designated representative, to be absent from duty to await orders landing disability retirement proceedings for a period that is longer<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 492.</p></sidenote> than the leave authorized by section 701 of title 10, is entitled to the pay and allowances to which he would be entitled if he were not so absent. A member who is absent with leave for any other reason for not longer than the leave authorized by that section is entitled to the same pay and allowances to which he would be entitled if he were not on leave, and to any additional allowances otherwise provided by law for members on leave.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Except as provided in subsection (a) of this section, a member who is authorized by the Secretary concerned, or his designated representative. to be absent for a period that is longer than the leave authorized by section 701 of title 10 is not entitled to pay or allowances during the part of his absence that is more than the number of days’ leave authorized by that section.</content> </subsection> </section> <section> <num value="503">§ 503. </num> <heading class="inline">Absence without leave or over leave</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A member of the Army. Navy, Air Force, Marine Corps, Coast Guard, or Coast and Geodetic Survey, who is absent without leave or over leave, forfeits all pay and allowances for the period of that absence, unless it is excused as unavoidable.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A commissioned officer of the Regular Corps of the Public Health Service, or an officer of the Reserve Corps of the Public Health Service on active duty, who is absent, without leave, forfeits all pay and allowances for the period of that absence, unless it is excused as unavoidable.</content> </subsection> </section> <page identifier="/us/stat/76/483">76 <inline class="smallCaps">Stat</inline>. 483</page> <section> <num value="504">§ 504. </num> <heading class="inline">Cadets and midshipmen: chapter does not apply to</heading> <content>This chapter does not apply to cadets at the United States Military Academy, the United States Air Force Academy, the Coast Guard Academy, midshipmen at the United States Naval Academy, or cadets or midshipmen serving elsewhere in the armed forces.</content> </section> </chapter> <chapter> <num value="11">Chapter 11—</num> <heading class="inline">Payments to Mentally Incompetent Persons</heading> <toc> <referenceItem role="section"><designator>Sec.</designator> <label></label></referenceItem> <referenceItem role="section"><designator>601.</designator> <label>Applicability.</label></referenceItem> <referenceItem role="section"><designator>602.</designator> <label>Payments: designation of person to receive amounts due.</label></referenceItem> <referenceItem role="section"><designator>603.</designator> <label>Regulations.</label></referenceItem> <referenceItem role="section"><designator>604.</designator> <label>Determination of Secretary final.</label></referenceItem> </toc> <section> <num value="601">§ 601. </num> <heading class="inline">Applicability</heading> <chapeau>This chapter applies to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>members of a.uniformed service who are on active duty (other than for training) or who are on a retired list of that service; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>members of the Fleet Reserve or Fleet Marine Corps Reserve.</content> </paragraph> </section> <section> <num value="602">§ 602. </num> <heading class="inline">Payments: designation of person to receive amounts due</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Active duty pay and allowances, amounts due for accrued or accumulated leave, or retired or retainer pay, that are otherwise payable to a member to whom this chapter applies and who, in the opinion of a board of medical officers or physicians, is mentally incapable of managing his affairs, may be paid for that member’s use or benefit to any person designated by the Secretary concerned, or by any officer to whom he delegates his authority under this section, without the appointment in judicial proceedings of a committee, guardian, or other legal representative.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>The board shall consist of at least three qualified medical officers or physicians, one of whom is specially Qualified in the treatment of mental disorders, appointed from available medical officers or physicians under his jurisdiction by the head of whichever of the following is providing medical treatment for the member, or by a person designated by that head—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Department of the Army;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Department of the Navy;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Department of the Air Force;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Department of Health, Education, and Welfare; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Veterans’ Administration.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">If the hospitalization or medical care of the member is not provided by the United States, the board shall be appointed by the Secretary of the department having jurisdiction of the member.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>A payment made to a person who is designated under this section discharges the obligation of the United States as to the amount paid.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>A person serving in a legal, medical, fiduciary, or other capacity, may not demand or accept a fee, commission, or other charge for any service performed under this chapter.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>This section does not apply in any case in which a legal committee, guardian, or other representative has been appointed by a court of competent jurisdiction, except as to payments made before the paying agency of the department concerned receives notice of that appointment.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>A person who is designated to receive payments under this section shall furnish satisfactory assurance that the amounts received by him will be applied to the use and benefit of the incompetent member, and, where the payments may reasonably be expected to be more than $1,000, shall provide a suitable bond to be paid for out of amounts due the incompetent member.</content> </subsection> </section> <page identifier="/us/stat/76/484">76 <inline class="smallCaps">Stat</inline>. 484</page> <section> <num value="603">§ 603. </num> <heading class="inline">Regulations</heading> <content>The Secretary concerned and the Administrator of Veterans’ Affairs shall prescribe regulations necessary to carry out this chapter.</content> </section> <section> <num value="604">§ 604. </num> <heading class="inline">Determination of the Secretary final</heading> <content>The determination as to the person authorized to receive a payment under section 602 of this title is final and is not subject to review by an official of the United States or a court.</content> </section> </chapter> <chapter> <num value="13">Chapter 13—</num> <heading class="inline">Allotments and Assignments of Pay</heading> <toc> <referenceItem role="section"><designator>Sec.</designator> <label></label></referenceItem> <referenceItem role="section"><designator>701.</designator> <label>Members of Army or Air Force; contract surgeons.</label></referenceItem> <referenceItem role="section"><designator>702.</designator> <label>Allotments: officers of Navy or Marine Corps.</label></referenceItem> <referenceItem role="section"><designator>703.</designator> <label>Allotments: members of Coast Guard.</label></referenceItem> <referenceItem role="section"><designator>704.</designator> <label>Allotments: officers of Public Health Service.</label></referenceItem> <referenceItem role="section"><designator>705.</designator> <label>Assignments: enlisted members of naval service.</label></referenceItem> <referenceItem role="section"><designator>706.</designator> <label>Commissioned officers of Coast and Geodetic Survey.</label></referenceItem> </toc> <section> <num value="701">§ 701. </num> <heading class="inline">Members of Army or Air Force; contract surgeons</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, a commissioned officer of the Army or the Air Force may transfer or assign his pay account, when due and payable.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b)</num> <content> A contract surgeon, or contract dental surgeon, of the Army or the Air Force, on duty in Alaska, Hawaii, the Philippine Islands, or Puerto Rico, may transfer or assign his pay account, when due and payable, under the regulations prescribed under subsection (a) of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>An enlisted member of the Army or the Air Force may not assign his pay, and if he does so, the assignment is void.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <chapeau>The Secretary of the Army or the Secretary of the Air Force, as the case may be, may allow a—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>member of the Army or the Air Force; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>contract surgeon of the Army or the Air Force;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">to make allotments from his pay for the support of his relatives, or for any other purpose that the Secretary concerned considers proper. If an allotment made under this subsection is paid to the allottee before the disbursing officer receives a notice of discontinuance from the officer required by regulation to furnish the notice, the amount of the allotment shall be credited to the disbursing officer. If an allotment is erroneously paid because the officer required by regulation to so report failed to report the death of the allotter or any other fact that makes the allotment not payable, the amount of the payment not recovered from the allottee shall, if practicable, be collected by the Chief of Finance (in cases involving the Army) or by the Secretary of the Air Force, from the officer who failed to make the report.</continuation> </subsection> </section> <section> <num value="702">§ 702. </num> <heading class="inline">Allotments: officers of Navy or Marine Corps</heading> <chapeau>The Secretary of the Navy, under regulations prescribed by him, may permit an officer of the Navy or Marine Corps to make allotments of his pay—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for the support of his family or relatives;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for his own savings; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>for other purposes.</content> </paragraph> </section> <section> <num value="703">§ 703. </num> <heading class="inline">Allotments: members of Coast Guard</heading> <content>Members of the Coast Guard may, under regulations prescribed by the Secretary of the Treasury, make allotments from their pay and allowances.</content> </section> <page identifier="/us/stat/76/485">76 <inline class="smallCaps">Stat</inline>. 485</page> <section> <num value="704">§ 704. </num> <heading class="inline">Allotments: officers of Public Health Service</heading> <content>Commissioned officers of the Public Health Service who are on active duty may, under regulations prescribed by the President, make allotments from their pay.</content> </section> <section> <num value="705">§ 705. </num> <heading class="inline">Assignments: enlisted members of naval service</heading> <content>Each assignment of pay due an enlisted member of the Navy or Marine Corps and each power of attorney or other authority to draw, receipt for, or transfer that pay, is void, unless attested by the member’s commanding officer and the disbursing officer having custody of the member’s pay record. An assignment of pay shall state the date when the transfer of pay to the assignee is to begin.</content> </section> <section> <num value="706">§ 706. </num> <heading class="inline">Commissioned officers of Coast and Geodetic Survey</heading> <content>Under regulations prescribed by the Secretary of Commerce, commissioned officers of the Coast and Geodetic Survey may make allotments or assignments of their pay.</content> </section> </chapter> <chapter> <num value="15">Chapter 15—</num> <heading class="inline">Prohibitions and Penalties</heading> <toc> <referenceItem role="section"><designator>Sec.</designator> <label></label></referenceItem> <referenceItem role="section"><designator>801.</designator> <label>Restriction on payment to certain officers.</label></referenceItem> <referenceItem role="section"><designator>802.</designator> <label>Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs.</label></referenceItem> <referenceItem role="section"><designator>803.</designator> <label>Commissioned officers of Army or Air Force: forfeiture of pay when dropped from rolls.</label></referenceItem> <referenceItem role="section"><designator>804.</designator> <label>Enlisted members of Army or Air Force: pay and allowances not to accrue during suspended sentence of dishonorable discharge.</label></referenceItem> <referenceItem role="section"><designator>805.</designator> <label>Sale of pay by members of naval service to be discouraged by commanding officer.</label></referenceItem> </toc> <section> <num value="801">§ 801. </num> <heading class="inline">Restriction on payment to certain officers</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>An officer of the Regular Navy or the Regular Marine Corps, other than a retired officer, may not be employed by a person furnishing naval supplies or war materials to the United States. If such an officer is so employed, he is not entitled to any payment from the United States during that employment.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If a retired officer of the Regular Navy or the Regular Marine Corps is engaged for himself or others in selling, or contracting or negotiating to sell, naval supplies or war materials to the Department of the Navy, he is not entitled to any payment from the United States while he is so engaged.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Payment may not be made from any appropriation, for a period of two years after his name is placed on that list, to an officer on a retired list of the Regular Army, the Regular Navy, the Regular Air Force, the Regular Marine Corps, the Regular Coast Guard, the Coast and Geodetic Survey, or the Public Health Service, who is engaged for himself or others in selling, or contracting or negotiating to sell, supplies or war materials to an agency of the Department of Defense, the Coast Guard, the Coast and Geodetic Survey, or the Public Health Service.</content> </subsection> </section> <section> <num value="802">§ 802. </num> <heading class="inline">Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs</heading> <content>A member of the Army, Navy, Air Force, or Marine Corps, on active duty who is absent from his regular duties for a continuous period of more than one day because of disease that is directly caused by and immediately follows his intemperate use of alcoholic liquor or habit-forming drugs is not entitled to pay for the period of that absence. However, a member whose pay is forfeited for more than one month is entitled to $5 for personal expenses for each full month that his pay is forfeited. Determinations of periods and causes of <page identifier="/us/stat/76/486">76 <inline class="smallCaps">Stat</inline>. 486</page>absence under this section shall be made as prescribed by the Secretary concerned, and are final.</content> </section> <section> <num value="803">§ 803. </num> <heading class="inline">Commissioned officers of Army or Air Force: forfeiture of pay when dropped from rolls</heading> <content>A commissioned officer of the Army or the Air Force who is dropped <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/89">70A Stat. 89</ref>.</p></sidenote>from the rolls under section 1161(b) of title 10 for absence without authority for three months forfeits all pay due or to become due.</content> </section> <section> <num value="804">§ 804. </num> <heading class="inline">Enlisted members of Army or Air Force: pay and allowances not to accrue during suspended sentence of dishonorable discharge</heading> <content>Pay and allowances do not accrue to an enlisted member of the Army or the Air Force who is in confinement under sentence of dishonorable discharge, while the execution of the sentence to discharge is suspended.</content> </section> <section> <num value="805">§ 805. </num> <heading class="inline">Sale of pay by members of naval service to be discouraged by commanding officer</heading> <content>The commanding officer of a naval vessel shall discourage each member of the crew from selling any part of his pay and may not attest a power of attorney for the transfer of pay unless he is satisfied that the power is not granted in consideration of money given for the purchase of pay.</content> </section> </chapter> <chapter> <num value="17">Chapter 17—</num> <heading class="inline">Miscellaneous Rights and Benefits</heading> <toc> <referenceItem role="section"><designator>Sec.</designator> <label></label></referenceItem> <referenceItem role="section"><designator>901.</designator> <label>Wartime pay of officer of armed force exercising command higher than his grade.</label></referenceItem> <referenceItem role="section"><designator>902.</designator> <label>Pay of crews of wrecked or lost naval vessels.</label></referenceItem> <referenceItem role="section"><designator>903.</designator> <label>Retired members recalled to active duty; former members.</label></referenceItem> <referenceItem role="section"><designator>904.</designator> <label>Officers of Navy or Marine Corps promoted under chapter 545 of title 10: effective date of beginning of pay and allowances.</label></referenceItem> <referenceItem role="section"><designator>905.</designator> <label>Officers of Navy or Marine Corps not covered by section 904 of this title: effective date of beginning of pay and allowances.</label></referenceItem> <referenceItem role="section"><designator>906.</designator> <label>Extension of enlistment: effect on pay and allowances.</label></referenceItem> </toc> <section> <num value="901">§ 901. </num> <heading class="inline">Wartime pay of officer of armed force exercising command higher than his grade</heading> <content>In time of war, an officer of an armed force who is serving with troops operating against an enemy and who exercises, under assignment in orders issued by competent authority, a command above that pertaining to his grade, is entitled to the pay and allowances (not above that of pay grade O–7) appropriate to the command so exercised.</content> </section> <section> <num value="902">§ 902. </num> <heading class="inline">Pay of crews of wrecked or lost naval vessels</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>When the accounts of the disbursing officer of a naval vessel are lost as a result of the destruction of the vessel, his return for the last month may, unless there is official evidence to the contrary, be used in computing later credits to and settling accounts of persons, other than officers, carried on his accounts. If the return for the last month has not been made, the pay accounts may be settled on principles of equity and justice.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>When a naval vessel is lost or has not been heard from for so long that her loss may be presumed, the General Accounting Office, under the direction of the Secretary of the Navy, may fix the date of loss of the vessel for the purpose of settling the accounts of persons aboard other than officers.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>When the crew of a naval vessel is separated from that vessel because of her wreck, loss, or destruction, the pay and emoluments of those officers and enlisted members that the Secretary considers (because of the sentence of a court-martial or the finding of a court <page identifier="/us/stat/76/487">76 <inline class="smallCaps">Stat</inline>. 487</page>of inquiry, or by other satisfactory evidence) to have done their utmost to save the vessel and, after the wreck, loss, or destruction, to have behaved themselves according to the discipline of the Navy, continue and shall be paid to them until their discharge or death, whichever is earlier.</content> </subsection> </section> <section> <num value="903">§ 903. </num> <heading class="inline">Retired members recalled to active duty; former members</heading> <content>A retired member or former member of a uniformed service, or a member of the Fleet Reserve or Fleet Marine Corps Reserve, who is serving on active duty is entitled to the pay and allowances to which he is entitled, under this title, for the grade, rank, or rating in which he is serving. In addition, while on active duty, he is entitled to the pay and allowances, while on leave of absence or while sick, of a member of a uniformed service of similar grade, rank, or rating who is entitled to basic pay.</content> </section> <section> <num value="904">§ 904. </num> <heading class="inline">Officers of Navy or Marine Corps promoted under chapter 545 of title 10: effective date of beginning of pay and allowances</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>An officer who is promoted under any of sections 5751–5774 of title 10 is entitled to the pay and allowances of the grade to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/346">70A Stat. 346</ref>.</p></sidenote>which promoted from the date of the occurrence of the vacancy that he was promoted to fill, if he is in one of the following categories—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>male line officers of the Navy not restricted in the performance of duty;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>male line officers of the Navy designated for engineering duty, aeronautical engineering duty, or special duty promoted to the grade of rear admiral;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>male line officers of the Navy designated for engineering duty, aeronautical engineering duty, or special duty who are promoted to the grade of lieutenant commander to nil vacancies in the combined grades of lieutenant commander, commander, and captain and whose promotion was delayed because there were no vacancies for them at the time when they would otherwise have been eligible for promotion under section 5769(b) of title 10;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>male line officers of the Navy designated for limited duty:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>women line officers on the active list of the Navy promoted to the grade of commander or lieutenant commander;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>male officers of the Marine Corps not restricted in the performance of duty;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>male officers of the Marine Corps designated for supply duty promoted to the grade of brigadier general;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>male officers of the Marine Corps designated for supply duty who are promoted to the grade of major to fill vacancies in the combined grades of major, lieutenant colonel, and colonel and whose promotion was delayed because there were no vacancies for them at the time when they would otherwise have been eligible for promotion under section 5769(b) of title 10;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>male officers of the Marine Corps designated for limited duty;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>women officers on the active list of the Marine Corps promoted to the grade of lieutenant colonel or major: or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>staff corps officers of the Navy promoted to the grade of rear admiral.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A male line officer of the Navy designated for engineering duty, aeronautical engineering duty, or special duty, or a male officer of the Marine Corps designated for supply duty, if not in a category listed in subsection (a) of this section, is entitled, when promoted under any of sections 5751–5774 of title 10, to the pay and allowances of the grade to which promoted from the date on which he became eligible for promotion to that grade.</content> </subsection> <page identifier="/us/stat/76/488">76 <inline class="smallCaps">Stat</inline>. 488</page> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>A woman line officer on the active list of the Navy promoted to the grade of lieutenant or a woman officer on the active list of the Marine Corps promoted to the grade of captain under any of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/346">70A Stat. 346</ref>.</p></sidenote>sections 5751–5774 of title 10 is entitled to the pay and allowances of the grade to which promoted from July 1 following the date on which the President approved the report of the selection board that recommended her for promotion.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Except as provided by subsection (e) of this section, a male staff corps officer or a woman staff corps officer who is promoted to a grade below rear admiral under any of sections 5751–5774 of title 10 is entitled to the pay and allowances of the grade to which promoted from the date on which his running mate in that grade became eligible for promotion to that grade.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <chapeau class="inline">An officer in the Nurse Corps who is promoted to the grade of captain or commander under any of sections 5751–5774 of title 10 is entitled to the pay and allowances of the grade to which promoted from—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the date of the occurrence of the vacancy that he was promoted to fill; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the date on which the President approved the report of the selection board that recommended him for promotion;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">whichever is later.</continuation> </subsection> </section> <section> <num value="905">§ 905. </num> <heading class="inline">Officers of Navy or Marine Corps not covered by section 904 of this title: effective date of beginning of pay and allowances</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau class="inline">The pay of an officer of the Regular Navy or the Regular Marine Corps begins on the date he accepts his initial appointment, except that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the pay of an officer required to give an official bond begins on the date the bond is approved by proper authority; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the pay of an officer commissioned within six months after his graduation from the United States Naval Academy begins on the date of rank stated in his commission.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1499">72 Stat. 1499</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s5891–5912">10 USC 5891–5912</ref>.</p></sidenote>A reserve officer who is promoted under chapter 549 of title 10 to a grade above lieutenant (junior grade) in the Naval Reserve or above first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the grade to which promoted for duty performed from the date on which he became eligible for promotion to that grade. However, if an officer has not established his professional and moral qualifications, as prescribed by the Secretary of the Navy under section 5867 of title 10, within one year after the date on which the President approved the report of the selection board that recommended him for promotion, he is entitled to the pay and allowances of the grade to which promoted only from the date he is appointed in that grade.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>A reserve officer who. is promoted under section 5908 of title 10 to the grade of lieutenant (junior grade) in the Naval Reserve or first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the higher grade for duty performed from the date given him as his date of rank.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/367">70A Stat. 367</ref>.</p></sidenote> <content>An officer of the Navy or Marine Corps who is promoted under section 5788 of title 10 is entitled to the pay and allowances of the higher grade from his date of rank in that grade unless he is entitled to them from an earlier date under another law.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1497">72 Stat. 1497</ref>.</p></sidenote> <content>A woman officer temporarily promoted under section 5787b of title 10 is entitled to the pay and allowances of the higher grade from the date of her eligibility for that temporary promotion.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/316">70A Stat. 316</ref>; <ref href="/us/stat/74/273">74 Stat. 273</ref>.</p></sidenote> <content>An officer appointed in a higher grade under section 5505 of title 10 is entitled to the pay and allowances of the higher grade from the date of his appointment in that grade.</content> </subsection> <page identifier="/us/stat/76/489">76 <inline class="smallCaps">Stat</inline>. 489</page> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>A member of the naval service who is appointed under section 5597 of title 10 is entitled to the pay and allowances of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/330">70A Stat. 330</ref>; <i>Post</i>, p. 493.</p></sidenote>grade in which appointed from the date that appointment is made. Such a person may not suffer a reduction in the pay and allowances to which he was entitled because of his permanent status at the time of his temporary appointment, or a reduction in the pay and allowances to which he was entitled under a prior temporary appointment in a lower grade.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <content>A member of the naval service who is appointed under section 5787 of title 10 is entitled to the pay and allowances of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/366">70A Stat. 366</ref>; <i>Post</i>, p. 493.</p></sidenote>grade in which appointed from the date that appointment is made. Such a member may not suffer a reduction in the pay and allowances to which he was entitled at the time of his appointment.</content> </subsection> </section> <section> <num value="906">§ 906. </num> <heading class="inline">Extension of enlistment: effect on pay and allowances</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A member of the Army or the Air Force, as the case may be, who extends his enlistment under section 3263 or 8263 of title 10 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1465/1516">72 Stat. 1465, 1516</ref>.</p></sidenote>is entitled to the same pay and allowances as though he had reenlisted.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A member of the Regular Navy or the Regular Marine Corps, as the case may be, who extends his enlistment under section 5539 of title 10 is entitled to the same pay and allowances as though<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/320">70A Stat. 320</ref>.</p></sidenote> he had reenlisted. For the purposes of determining entitlement to reenlistment bonus and to travel and transportation allowances upon discharge, all such extensions of enlistment are considered one continuous extension.</content> </subsection> </section> </chapter> <chapter> <num value="19">Chapter 19—</num> <heading class="inline">Administration</heading> <toc> <referenceItem role="section"><designator>Sec.</designator> <label></label></referenceItem> <referenceItem role="section"><designator>1001.</designator> <label>Regulations relating to pay and allowances.</label></referenceItem> <referenceItem role="section"><designator>1002.</designator> <label>Additional training or duty without pay: Reserves and members of National Guard.</label></referenceItem> <referenceItem role="section"><designator>1003.</designator> <label>Assimilation of pay and allowances.</label></referenceItem> <referenceItem role="section"><designator>1004.</designator> <label>Computation of pay and allowances for month or part of month.</label></referenceItem> <referenceItem role="section"><designator>1005.</designator> <label>Army and Air Force; prompt payments required.</label></referenceItem> <referenceItem role="section"><designator>1006.</designator> <label>Advance payments.</label></referenceItem> <referenceItem role="section"><designator>1007.</designator> <label>Deductions from pay.</label></referenceItem> </toc> <section> <num value="1001">§ 1001. </num> <heading class="inline">Regulations relating to pay and allowances</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A Secretary of a military department may not prescribe a regulation under this title or any other law, relating to the pay and allowances of members of an armed force under that department, unless it has been approved under procedures prescribed by the Secretary of Defense.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Regulations of the Secretary concerned relating to pay matters, similar to those covered by subsection (a) of this section, for members of the Coast Guard, the Coast and Geodetic Survey, and the Public Health Service, shall, as far as practicable, conform to regulations approved under that subsection.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The Secretary of Defense, the Secretary of the Treasury, the Secretary of Commerce, or the Secretary of Health, Education, and Welfare, may obtain from the Comptroller General an advisory opinion with respect to a proposed regulation especially affecting a department under that Secretary’s jurisdiction.</content> </subsection> </section> <section> <num value="1002">§ 1002. </num> <heading class="inline">Additional training or duty without pay: Reserves and members of National Guard</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A member of the National Guard, or of a reserve component, of a uniformed service, may, with his consent, be given additional training or other duty as provided by law, without pay, as may be authorized by the Secretary concerned.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A member who performs training or other duty without pay under subsection (a) of this section may, in the discretion of the <page identifier="/us/stat/76/490">76 <inline class="smallCaps">Stat</inline>. 490</page>Secretary concerned, be authorized the travel and transportation allowances prescribed by section 404 (a)-(d),and (f),of this title for travel performed to and from that training or duty, and, during the performance of that training or duty, be furnished with subsistence and quarters in kind or commutation thereof at a rate to be fixed by the Secretary concerned.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>This section does not authorize compensation for work or study performed by a member of a reserve component in connection with correspondence courses of an armed force.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>This section does not apply to a member who is entitled to basic pay under chapter 3 of this title.</content> </subsection> </section> <section> <num value="1003">§ 1003. </num> <heading class="inline">Assimilation of pay and allowances</heading> <content> <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 453, 461, 470.</p></sidenote>Chapters 3 and 5 and sections 402–407, 409–411, and 414 of this title apply equally to persons who are not serving as members of a uniformed service but whose pay or allowances, or both, are assimilated under law or a regulation prescribed under law, to the pay or allowances, or both, of commissioned officers, warrant officers, or enlisted members of any grade, rank, or rating in any uniformed service.</content> </section> <section> <num value="1004">§ 1004. </num> <heading class="inline">Computation of pay and allowances for month or part of month</heading> <content>A member of a uniformed service who is entitled to pay and allowances under this title for a continuous period of less than one month is entitled to his pay and allowances for each day of that period at the rate of 1/30 of the monthly amount of his pay and allowances. The thirty-first day of a calendar month may not be excluded from a computation under this section.</content> </section> <section> <num value="1005">§ 1005. </num> <heading class="inline">Army and Air Force: prompt payments required</heading> <content>Members of the Army and of the Air Force shall be paid at such times that arrears will at no time be more than two months, unless circumstances make further arrears unavoidable.</content> </section> <section> <num value="1006">§ 1006. </num> <heading class="inline">Advance payments</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Under regulations prescribed by the Secretary concerned, not more than three months’ pay may be paid in advance to a member of an armed force upon his permanent change of station.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Under regulations prescribed by the Secretary concerned, a member of an armed force who is on duty at a distant station where the pay and emoluments to which he is entitled cannot be disbursed regularly, may be paid in advance.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Under regulations prescribed by the Secretary concerned, an advance of pay to a member of an armed force who is on duty outside the United States, or other place designated by the President, of not more than two months’ basic pay may be made directly to his previously designated dependents who are ordered evacuated by competent authority. An advance of pay under this subsection is not subject to the conditions under which advances of pay may be made under subsection (a) or (b) of this section, and may be made only if all dependents of members of the armed forces are ordered evacuated from the place where the member’s dependents are located.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>If a person to whom an advance of pay is made under subsection (a), (b), or (c) of this section dies or is separated from his armed force, before liquidation of that advance, the amount remaining unliquidated at the time of his death or separation shall be credited to the account of the disbursing officer concerned. However, the unliquidated amount remains a debt of that person or his estate to the United States.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>As far as practicable, regulations for the administration of subsections (a)-(d) of this section shall be uniform for all of the armed forces.</content> </subsection> <page identifier="/us/stat/76/491">76 <inline class="smallCaps">Stat</inline>. 491</page> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>Under regulations prescribed by the Secretary of the Treasury, an advance of pay or not more than three months’ pay may be made to an officer or the Coast Guard who is ordered to sea duty or to or from shore duty beyond the seas. In addition, the Commandant of the Coast Guard may direct such advances as he considers necessary and proper to members of the Coast Guard stationed at distant stations where the pay and emoluments to which they are entitled cannot be paid regularly.</content> </subsection> </section> <section> <num value="1007">§ 1007. </num> <heading class="inline">Deductions from pay</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The pay of an officer of an armed force may be withheld, under section 82 of title 5, only for an indebtedness to the United States admitted by the officer or shown by the judgment of a court, or upon a special order issued in the discretion of the Secretary concerned.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>An amount due the United States from an enlisted member of the Army or the Air Force for articles sold to him on credit under section 4621(a)(1) or 9621(a)(1) of title 10, as the case <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/257/259">70A Stat. 257, 579</ref>.</p></sidenote>may be, shall be deducted from the next pay due him after the sale is reported. In the case of a member or the Army, the report shall be made to the Chief of Finance. An amount due the United States from an enlisted member of the Army or the Air Force for tobacco sold to him by the United States under section 4623 or 9623 of title 10 shall be deducted from his pay in the manner provided for the settlement of clothing accounts.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Under regulations prescribed by the Secretary concerned, an amount that an enlisted member of the Army or the Air Force is administratively determined to owe the United States or any of its instrumentalities may be deducted from his pay in monthly installments. However, after the deduction of pay forfeited by the sentence of a court-martial, if any, or otherwise authorized by law to be withheld, the deductions authorized by this section may not reduce the pay actually received for any month to less than one-third of his basic pay for that month.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Subject to subsection (c) of this section, an amount due the United States from an enlisted member of the Army or the Air Force may be deducted from his pay on final statement, or from his savings on his clothing allowance.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>The amount of any damage, or cost of repairs, to arms or equipment caused by the abuse or negligence of a member of the Army or the Air Force, as the case may be, who had the care of, or was using, the property when it was damaged, shall be deducted from his pay.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>If, upon final settlement of the accounts of an officer of the Army or the Air Force charged with the issue of an article of military supply, there is a deficiency of that article, or if an article of military supply with whose issue an officer is charged is damaged, the value of the lost article or the amount of the damage shall be charged against the officer and deducted from his monthly pay, unless he shows to the satisfaction of the Secretary of the Army or the Secretary of the Air Force, as the case may be, by one or more affidavits setting forth the circumstances, that he was not at fault.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>An amount due the United States from an officer of the Army or the Air Force for rations bought on credit, and for articles bought on credit under section 4621(a)(1) or 9621(a)(1) of title 10, shall be deducted from the next pay due that officer after the sale is reported.</content> </subsection> </section> </chapter> 76 Stat. 492
AMENDMENTS TO TITLE 10, ARMED FORCES Sec. 2.

70A Stat. 17; 72 Stat. 1439.

10 USC 501–516.

 Chapter 31 of title 10, United States Code, is amended as follows: (1) The following new section is added at the end thereof:
“§ 517. Authorized daily average: members in pay grades E–8 and E–9

Ante, p. 467.

“Except as provided in section 307 of title 37, the authorized daily average number of enlisted members on active duty (other than for training) in an armed force in pay grades E–8 and E–9 in a calendar year may not be more than 2 percent and 1 percent, respectively, of the number of enlisted members of that armed force who are on active duty (other than for training) on January 1 of that year.”
(2) The following new item is added at the end of the analysis: “517.
Sec. 3. Title 10, United States Code, is amended as follows: (1) The following new chapter is inserted after chapter 39: “Chapter 40— Leave “Sec. “701. “702. “703. “704.
“§ 701. Entitlement and accumulation “(a) A member of an armed force is entitled to leave at the rate of 2½ calendar days for each month of active service, excluding periods of— “(1) absence from duty without leave; “(2) absence over leave; and “(3) confinement as the result of a sentence of a court-martial. Full-time training, or other full-time duty for a period of more than 29 days, performed under section 316, 502, 503, 504, or 505 of title

70A Stat. 605, 610.

32 by a member of the Army National Guard of the United States or the Air National Guard of the United States in his status as a member of the National Guard, and for which he is entitled to pay, is active service for the purposes of this section. “(b) Notwithstanding any other provision of law, a member may not accumulate more than 60 days’ leave. However, leave taken during a fiscal year may be charged to leave accumulated during that fiscal year without regard to this limitation. “(c) A member who retired after August 9, 1946, who is continued on, or is recalled to, active duty, may have his leave which accumulated during his service before retirement carried over to his period of service after retirement. “(d) Leave accumulated under this section does not survive the death of the member during active service. “(e) Leave taken before discharge is considered to be active service.
“§ 702. Cadets and midshipmen “(a) Graduates of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the Coast Guard Academy who, upon graduation, are appointed in a regular component of an armed force, may, in the discretion of the Secretary concerned, or his designated representative, be granted graduation leave of not more than 60 days. Leave granted under this subsection is in addition to any other leave and may not be deducted 76 Stat. 493from or charged against other leave authorized by this chapter, and must be completed within three months of the date of graduation. Leave under this subsection may not be carried forward as credit beyond the date of reporting to the first permanent duty station or to a port of embarkation for permanent duty outside the United States or in Alaska or Hawaii. “(b) Sections 701, 702(a), 703, and 704 of this chapter do not apply to cadets at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, midshipmen at the United States Naval Academy, or cadets or midshipmen serving elsewhere in the armed forces. The Secretary concerned, or his designated representative, may prescribe regulations relating to leave for cadets and midshipmen.
“§ 703. Reenlistment leave “Leave for not more than 90 days may be authorized, in the discretion of the Secretary concerned, or his designated representative, to a member of an armed force who reenlists. Leave authorized under this section shall be deducted from leave accrued during active service before reenlistment or charged against leave that may accrue during future active service, or both.
“§ 704. Use of leave; regulations “(a) Under regulations prescribed by the Secretary concerned, or his designated representative, leave may be taken by a member on a calendar-day basis as vacation or absence from duty with pay, annually as accruing, or otherwise. “(b) Regulations prescribed under subsection (a) shall— “(1) provide equal treatment of officers and enlisted members; “(2) establish to the fullest extent practicable uniform policies for the several armed forces; “(3) provide that leave shall be taken annually as accruing to the extent consistent with military requirements and other exigencies; and “(4) provide for the determination of the number of calendar days of leave to which a member is entitled, including the number of calendar days of absence from duty or vacation to be counted or charged against leave.”
(2) The chapter analysis of subtitle A and the chapter analysis of part II of subtitle A are amended by inserting the following new item: “40. 701”.
Sec. 4. Section 4338 of title 10, United States Code, is amended—

70A Stat. 239.

 (1) by amending subsection (a) to read as follows: “(a) The director of music, who is also the leader of the Military Academy Band, has the rank prescribed by the Secretary of the Army.”; and (2) by striking out the words “counted under subsection (a)” in the first sentence of subsection (b).
Sec. 5. (a) Section 5597(i) of title 10, United States Code, is amended to read as follows: “(i) Each temporary appointment under this section, unless expressly declined, is, without formal acceptance or oath of office, regarded as accepted on the date made.” (b) Section 5787(g) of title 10, United States Code, is amended to read as follows: “(g) Each temporary appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date made.” 76 Stat. 494 (c)

Navy rations.

70A Stat. 379.

 Section 6081 (b) and (c) of title 10, United States Code, is amended to read as follows: “(b) Each midshipman is entitled to a Navy ration for each day that he is on active duty, including each day that he is on leave. “(c) The Secretary of the Navy may prescribe regulations stating the conditions under which the ration shall be allowed under subsection (b).”
Sec. 6. (a) The following sections of title 10, United States Code, are amended by striking out the words “, pay, and allowances” wherever they appear therein: (1) 3068(b) (last sentence). (2) 3071(b) (last sentence). (3) 3071(c) (last sentence). (b) The following sections of title 10, United States Code, are amended by striking out the words “and the pay and allowances” wherever they appear therein: (1)

71 Stat. 375.

 3069 (last sentence). (2) 3070(b) (last sentence). (3) 3070(c) (last sentence). (c) The following sections of title 10, United States Code, are amended by striking out the words “and is entitled to the pay and allowances of an officer serving in that rank”: (1)

70A Stat. 287.

 6139(a)(3d sentence). (2) 5140(a)(3d sentence). (3) 5143(a)(2d sentence). (4) 5206(a)(2d sentence). (d) Sections 3687 and 8687 of title 10, United States Code, are amended by striking out the words “pay and allowances, pensions,” and inserting the word “pensions” in place thereof. (e) Section 6148 (a) and (b) of title 10, United States Code, is amended by striking out the words “hospital benefits, and pay and allowances” and inserting the words “and hospital benefits” in place thereof. (f) Title 10, United States Code, is amended as follows: (1) Section 101(31)(A) is amended by striking out the words “section 301 of title 37” and inserting the words “section 206 of title 37” in place thereof. (2) Section 555(a) is amended by striking out the words “section 232(a) of title 37” and inserting the words “section 201(d) of title 37” in place thereof. (3) Sections 564(a)(1), 1166(a), 1167 (a) and (b), 1293, and 1305 are each amended by striking out the words “section 311 of title 37” and inserting the words “section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114)” in place thereof. (4)

72 Stat. 130.

 Section 1405(2) is amended by striking out the words “section 233(a)(7) of title 37” and inserting the words “section 205 (a)(7) and (8) of title 37” in place thereof. (5)

70A Stat. 378.

 Section 6033(a) is amended by striking out the words “sections 231–319 of”. (6)

72 Stat. 1513.

 Section 6912 is amended by striking out the words “section 251(a) of title 37” and inserting the words “section 402 (a) and (b) of title 37” in place thereof.
76 Stat. 495
AMENDMENTS TO TITLE 14, COAST GUARD Sec. 7. (a) Section 755 of title 14, United States Code, is amended—

63 Stat. 551.

 (1) by amending the catchline to read as follows:
“§ 755. Benefits.” ; and
(2) by striking out the words “pay, allowances, and” in subsection (a). (b) Section 462a of title 14, United States Code, is amended to read

70A Stat. 623.

as follows:
“§ 462a. Retired rear admirals; retired pay after two years of active duty “Each officer of the Coast Guard holding a permanent appointment in the grade of rear admiral on the retired list who is entitled to the pay of the lower half of that grade, and who, in time of war or national emergency, serves satisfactorily on active duty for two years in that grade or in a higher grade, is entitled when not on active duty to retired pay equal to 75 percent of the basic pay of a rear admiral of the upper half.”
(c) The analysis of chapter 13 is amended by striking out the following

14 USC 461–511.

item: “462a.

and inserting the following item in place thereof:

“462a. (d) The analysis of chapter 21 is amended by striking out the

14 USC 751–795.

following item: “755.

and inserting the following item in place thereof:

“755.
AMENDMENTS TO TITLE 32, NATIONAL GUARD Sec. 8. (a) Section 318 of title 32, United States Code, is amended

70A Stat. 605; 72 Stat. 1567.

by striking out the words “pay and allowances,”. (b) Sections 321(a)(2) and (3), (b)(2), and (f)(3), and 715(a)(3) of title 32, United States Code, are amended by striking out

72 Stat. 1544; 74 Stat. 878.

 the words “section 301 of title 37” wherever they appear therein and inserting the words “section 206 of title 37” in place thereof.
AMENDMENTS TO CERTAIN LAWS APPLICABLE TO COAST AND GEODETIC SURVEY Sec. 9. (a) Section 3(a) of the Act of August 10, 1956, ch. 1041, as amended (33 U.S.C. 857a(a)), is amended by adding the following

73 Stat. 358; 75 Stat. 507.

 new clause at the end thereof: “(10) Chapter 40. Leave.” (b) The Act of June 3, 1948, ch. 390, as amended, is further amended as follows: (1) Section 9 (33 U.S.C. 853h) is amended by striking out

62 Stat. 299.

the words “active-duty pay with longevity credit” wherever they appear and inserting the words “basic pay” in place thereof. (2) Section 16(a)(33 U.S.C. 853o(a)) is amended by striking

62 Stat. 299; 72 Stat. 132.

out the words “active-duty pay with longevity credit” wherever they appear and inserting the words “basic pay” in place thereof. 76 Stat. 496 (c) Active service in the Coast and Geodetic Survey as a deck officer or junior engineer and active service counted on June 30, 1922, for longevity pay, shall be credited to commissioned officers as active commissioned service for purposes of retirement and retirement pay.
AMENDMENT TO DEPENDENTS ASSISTANCE ACT OF 1950 Sec. 10.

Ante, p. 152.

50 USC app. 2201–2204.

Ante, p. 469.

 Sections 1–4 of the Dependents Assistance Act of 1950 (64 Stat. 795) are amended to read as follows:
“That for the duration of this Act, that part of section 401(3) of title 37, United States Code, which reads ‘and actually resides in the member’s household’ is suspended: Provided, That the dependency of the father or mother as required by that section shall be determined on the basis of an affidavit submitted by such father or mother, and such other evidence as the Secretary concerned may deem necessary under such regulations as he may prescribe, and no such father or mother shall be deemed dependent unless— “(1) the member of the uniformed service claiming such dependency has provided over one-half of the support of such father or mother for such period of time as the Secretary concerned may prescribe; or “(2) in the case of claimed dependency arising by reason of changed circumstances after the entrance of such member into active service subsequent to the effective date of this Act, such father or mother becomes in fact dependent on such member for over one-half of his or her support.
“Sec. 2.

Ante, p. 470.

 For the duration of this Act, the last sentence of section 403(a) of title 37, United States Code, is suspended.
“Sec. 3. For the duration of this Act, section 403(a) of title 37, United States Code, is amended by striking out that portion of the table therein which prescribes monthly basic allowances for quarters for enlisted members, and inserting the following new table in place thereof:
“ ’Pay grade Not over 3 dependents Over 2 dependents
 
E–9 $77. 10    $96. 90   
E–8 77. 10    96. 90   
E–7 77. 10    96. 90   
E–6 77. 10    96. 90   
E–5 77. 10    96. 90   
E–4 77. 10    96. 90   
   
“ ’Pay grade 1 dependent 2 dependents Over 2 dependents
 
E–3 $51. 30    $77. 10    $96. 90   
E–2 51. 30    77. 10    96. 90   
E–1 51. 30    77. 10    96. 90   
 
“Sec. 4. (a) Subject to section 403 of title 37, United States Code, enlisted members of the uniformed services without dependents shall be entitled to a basic allowance for quarters at the rate of $51.30 per month. “(b) The payment of the basic allowance for quarters provided in section 403(a) of title 37, United States Code, for enlisted members with dependents shall be made only for such periods as the enlisted member has in effect an allotment of pay not less than the sum of the basic allowance for quarters to which he is entitled plus $40 (or in the case of enlisted members in pay grades E–4 and E–5, $60; or in the case of enlisted members in pay grades E–6, E–7, E–8, and E–9, 76 Stat. 497$80), for the support of the dependent or dependents on whose account the allowance is claimed: Provided, That such allotment shall not be required, (1) for the calendar month in which such member enters on active duty in a pay status if the allotment is effective from the following month; (2) for the calendar month in which such member is discharged, if not immediately reenlisted; (3) for the calendar month in which such member is released from active duty; (4) for the calendar month in which dependency ceases; (5) for the calendar month in which dependency commences if the allotment is effective from the following month; (6) for the calendar month in which such member is assigned to quarters for himself and his dependents or for the calendar month in which such assignment is terminated: Provided further, That such allotment may be initiated, continued, modified, or discontinued in accordance with such regulations as may be prescribed by the Secretary of the Department concerned: And provided further, That the minimum allotment required for any month shall be based on the lowest rate of basic allowance for quarters to which the member is entitled and the lowest pay grade in which the member is serving during such month. “(c) The allotment required by subsection (b) of this section shall be paid to or on behalf of such dependent or dependents as may be specified by the enlisted member concerned, subject to such regulations as the Secretary concerned may prescribe. “(d) Any delay in initiating an allotment as required by this section shall not invalidate entitlement to basic allowance for quarters, provided that such allotment is made retroactive for such period as the member may elect to claim the allowance for his dependent or dependents. If the Secretary concerned finds that such delay was caused by the exigencies of the service, he may waive the allotment requirement, or the additional increment thereto, as applicable, for such retroactive period. “(e) The entitlement to the basic allowance for quarters provided for in this section shall be substantiated in such manner and in accordance with such regulations as the Secretary concerned may prescribe.”
AMENDMENTS TO PUBLIC HEALTH SERVICE ACT Sec. 11. The Public Health Service Act is amended as follows: (1) Section 206(a)(42 U.S.C. 207(a)) is amended by striking out the words “, with the same pay and allowances,”, “, with the pay and allowances thereof”, and “, with the pay and allowances thereof,”, wherever they appear. (2) Section 210(g)(42 U.S.C. 211(g)) is amended by striking out the word “pay” in clauses (1) and (2) thereof and inserting the words “basic pay” in place thereof. (3) Section 208(b)(42 U.S.C. 210(b)) is amended by striking out the first sentence and the words “Such officers,” in the second sentence and inserting the words “Commissioned officers on active duty” in place thereof.
SAVINGS AND SEVERABILITY PROVISIONS Sec. 12. (a) In sections 1–11 of this Act, it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act However, laws effective after January 9, 1962, that are inconsistent with this Act, shall be considered as superseding it to the extent of the inconsistency. (b) References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of sections 1–11 of this Act. 76 Stat. 498 (c) Actions taken under the replaced law shall be considered to have been taken under the corresponding provisions of sections 1–11 of this Act. (d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. (e) The enactment of this Act does not increase or decrease the pay or allowances, including retired or retainer pay, of any person.
RESTATEMENT OF SUSPENDED OR TEMPORARILY SUPERSEDED PROVISIONS Sec. 13. If on the effective date of this Act, a provision of law that is restated in this Act and repealed by section 14 would have been in a suspended or temporarily superseded status but for its repeal, the provisions of this Act that restate that provision have the same suspended or temporarily superseded status.
REPEAL PROVISIONS Sec. 14. The following laws are repealed except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this Act and except as provided in section 12: SCHEDULE OF LAWS REPEALED a. Revised Statutes
R.S. U.S. Code R.S. U.S. Code
Section Title Section Section Title Section
 
1198 37  310b  1574 37  243 
1268 37  242  1575 37  244 
 
b. Statutes at Large
Statutes at large U.S. Code
Date Chapter Section Volume Page Title Section
             
1886            
Dec. 20 3 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 24 351 37 308a.
             
1898            
Apr. 26 181 7 (less last proviso) 30 365 37 235a.
             
1906            
June 12 3078 (10tb par. under “Philippine Scouts”) 34 248 37 310a.
             
1907            
Mar.  4 2918 1 (10th par. under “Coast and Geodetic Survey”). 34 1322 33 562.
76 Stat. 499 SCHEDULE OF LAWS REPEALED—Continued b. Statutes at Large—Continued
Statutes at large U.S. Code
Date Chapter Section Volume Page Title Section
             
1930            
Mar.  6 94 1 (3d par. under “Public Health Service”). 41 507 37 4a.
May 18 190 11 (words before 1st semi colon) 41 603 33 860.
             
1926            
Mar  8 274 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 44 417 37 26a.
             
1935            
Apr. 9 54 Title I (words before 2d semicolon of 2d proviso of 1st par. under “Pay, and so forth of the Army”). 49 126 37 9a, 10a,
1940            
Oct. 17 899 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 54 1205 37 19a.
             
             
June  3 166 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 55 24(1 37 29b.
Aug. 21 390 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 555 655 37 17a.
             
1943            
June  5 340 4(e) [added] _ _ _ _ _ _ _ _ _ Uncodified
             
1944            
June 22 288 2 58 392 37 117a.
July  1 373 213 58 689 42 214.
Do   373 218(b) [added] _ _ _ _ _ _ _ _ _ 42 210–1(b).
Do   373 219(c) (last sentence) [added] _ _ _ _ _ _ _ _ _ 42 210–1(c).
Do   373 219(d) (as applicable to (c) (last sentence)) [added]. _ _ _ _ _ _ _ _ _ 42 210–1(d).
1945            
July  2 227 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 59 316 37 111a.
July  3 263 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 59 370 42 209c.
Oct.  6 393 9(e) 59 M2 37 208a.
             
1946            
Feb. 12 6 4 60 5 Uncodified
Feb. 18 30 (1st proviso under “General Provision”). 60 20 37 118a-1.
June 20 523 6.7 60 345 37 115a.
Aug.  2 756 3, 20 60 953, 865 87 117a-1, 257.
Aug.  9 931 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 60 963 37 31a, 32, 33a, 34–37.
             
1947            
July 26 344 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 61 510 37 34, 35.
Aug.  4 475 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 61 748 37 33, 33a, 38.
Aug. 7 612 302(f) 61 830 Uncodified
             
             
Feb. 28 83 5 (e) and (f) 62 40, 41 42 210a.
June 19 541 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 62 506 37 32, 35.
             
1949            
Aug. 17 452 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 83 611 37 39.
Oct.  5 600 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 63 703 37 310c, 310d.
Oct. 12 681 (less § 202 (proviso of (d)), and less $$ 207, 307, 511, 313, 518, 521, 522, 623, and 631). 63 802 37 231–237, 239–241, 251–256, 256a, 301–305, 308–310, 314, 316, 324
             
Apr 26 105 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 64 88 37 34
June  2 217 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 64 194 37 311(c), 308a.
June 21 342 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 64 249 37 351–354.
June 39 405 102 64 2288 37 820
Aug.  8 654 1, 2 (2d par., last sentence of 3d par., and 4th par., as applicable to last sentence of 3d par.). 64 426 42 210(b), 210-l(b)-(d).
Sept.  8 922 1, 4, 9 64 794, 795, 796 37 231, 252, 315.
Sept. 23 988 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 64 978 37 31a.
             
1951            
Nov.  1 664 1300 65 767 37 823.
             
1952            
May 10 810 (less § 5) 66 79 37 232, 251, 262, 308, 309, 321, 322.
June 25 459 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 66 166 87 234.
July  9 608 264 66 494 37 301.
             
1953            
Mar. 23 6 (as applicable to § 102(g) of the Act of Oct. 12, 1949, uh. 681 (63 Stat. 804)). 67 6 37 231.
June 29 158 8 67 89 87 234.
Aug.  1 306 605 67 349 5 174a.
Do   305 617 87 852 87 261a
Do   305 640 67 856 87 253a
Aug.  7 340 1800 87 437 5 59c.
76 Stat. 500 SCHEDULE OF LAWS REPEALED—Continued b. Statutes at Large—Continued
Statutes at large U.S. Code
Date Chapter Section Volume Page Title Section
             
1954            
June 30 432 729 68 355 87 287a.
July 10 585 2 68 488 37 239.
Aug. 29 1047 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 68 915 87 872a-372c.
Sept.  1 1211 3 (13th par.) 68 1126 40 491 (m).
             
1955            
Mar. 31 20 (less $$ 2 (15) and 6) 69 18 87 232, 235, 230, 258, 208, 322a.
June 21 172 1 69 169 33 862.
June 30 250 101 (as applicable to $ 102(g) of the Act of Oct. 13, 1949, ch. 681 (83 Stat. 804)), 203. 69 234, 225 87 231, 234.
Aug.  5 571 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 59 533 37 263.
Aug. 11 806 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 89 691 37 268.
             
1956            
Apr. 27 211 2(a) 70 116 49 314.
Apr. 30 211 2, 3 70 121,122 37 233, 234.
June 13 383 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 70 275 37 253.
July 24 682 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ TO 625 37 33.
Aug. 10 1041 20, 28 70A 627, 630 17 31a, 232, 261, 254, 255, 301.
1957 Public Law          
Aug. 28 85–208 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 71 484 37 285.
Do 85–272 4 71 697 87 324.
             
1958            
Mar. 17 85–347 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 72 73 37 253.
May 20 85–422 1, 3 73 122,129 37 33, 232, 235, 237, 240, 241, 262, 254.
Sept.  2 85–861 10, 11, 88 (d)(2), (f) 72 1556, 1567, 1568 37 38, 231, 255, 256a.
             
Mar. 23 86–4 3 (as applicable to $ 102(g) of the Act of Oct. 12, 1949, ch. 681 (68 Stat. 804)), 5. 73 13 87 231, 234.
Aug.  7 86–146 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 73 307 87 353, 353.
             
1960            
June 29 83–533 1(9) 74 247 87 37.
June 30 83–559 8 74 282 87 301.
July 12 86–635 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 74 469 37 285.
Do 86–637 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 74 471 87 253.
Do 80–638 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 74 471 87 253.
             
1961            
July 25 87–103 1 (as applicable to $ 208 of the Act of Oct. 12, 1949, ch. 681, as added (88 Stat. 488)). 76 219 37 239.
Aug. 17 87–140 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 76 341 87 253(c).
Do 87–145 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 75 382 87 236, 285(a), (c).
Aug. 25 87–164 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 76 401 37 801(b).
Aug. 30 87–188 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 75 410 37 310o-1,810d.
Sept. 14 87–233 3 76 507 37 254(o).
Sept. 20 87–304 9(b) 75 665 S3 863.
Oct.  4 87–374 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 75 804 87 283(o).
             
76 Stat. 501 SCHEDULE OF LAWS REPEALED c. Sections of Title 10, United States Code (1) Section 142(d). (2) Section 555 (a) (column headed “Pay Grade”). (3) Section 2772. (4) Section 3263(b). (5) Section 3536(b). (6) Section 3632. (7) Section 3633. (8) Section 3636. (9) Section 3689. (10) Section 4837 (less (d)). (11) Section 5062. (12) Section 5064(b) (the words pay, allowances,”). (13) Section5064(c) (last sentence). (14) Section 5111(b) (the words “pay, allowances, and”). (15) Section 5133(a) (last 20 words of 1st sentence, and last 13 words of last sentence). (16) Section 5134. (17) Section 5138(b) (the words “pay, allowances, and”). (18) Section 5142 (last sentence). (19) Section 5145(c) (last 12 words). (20) Section 5148(b) (the words “, pay, allowances,”). (21) Section 5149(a) (last sentence). (22) Section 5150(c) (the words “, pay, allowances,”). (23) Section 5150(d) (last sentence). (24) Section 5202(a) (last sentence). (25) Section 5505(c). (26) Section 5507. (27) Section 5539(b). (28) Section 5597(h) (last sentence). (29) Section 5775. (80) Section 5787(h) (last sentence). (31) Section 5787b(c). (32) Section 5788(c). (33) Section 5907. (34) Section 5908(a) (last sentence). (35) Section 6111. (36) Section 6112. (37) Section 6141. (38) Section 6142. (39) Section 6143. (40) Section 6144. (41) Section 6145. (42) Section 6146. (43) Section 6147. (44) Section 6221(b). (45) Section 6222(e). (46) Section 6224. (47) Section 6406(b). (48) Section 6904(b) and (c). (49) Section 6905(b) and (c). (50) Section 6906(c)(1st sentence). (51) Section 6915(f). (52) Section 6969(b)(less last sentence). (53) Section 8263(b). (54) Section 8632. 76 Stat. 502 (55) Section 8633. (56) Section 8636. (57) Section 8689. (58) Section 9837 (less (d)). d. Sections of Title 14, United States Code (1) Section 462. (2) Section 464. (3) Section 465. (4) Section 485(c). (5) Section 495. (6) Section 758a(f). e. Sections of Title 32, United States Code (1) Section 303(c).
Sec. 15.

Effective date.

 This Act shall take effect on November 1, 1962. Laws enacted after January 9, 1962, that are inconsistent with this Act shall supersede it to the extent of the inconsistency.
Approved September 7, 1962.
Public Law 87–650: To provide for the incorporation of the National Woman’s Relief Corps. Auxiliary to the Grand Army of the Republic, organized 1883, seventy-eight years old. Public Law 650 Public Law 87–650 76 Stat. 502 1962-09-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–650
AN ACT To provide for the incorporation of the National Woman’s Relief Corps. Auxiliary to the Grand Army of the Republic, organized 1883, seventy-eight years old.

September 7, 1962

[S. 2250]

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

National Woman’s Relief Corps.

Incorporation.

That the following persons, to wit:

President: Mabel R. Ginder, Toledo, Ohio;

Senior vice president: Jessie Johnston, Cheyenne, Wyoming;

Junior vice president: Irene Randolph, Minneapolis, Minnesota;

Secretary: Bessie K. Coughlin, Providence, Rhode Island;

Treasurer: Ocie M. Tumey, Springfield, Illinois, executive officers;

Legislative committee: Laura 1. Smith, chairman, 16 Temple Street, Providence, Rhode Island; Ethel Ferris Hasenbuhler, Washington, District of Columbia; and Marie Morgan, Indianapolis, Indiana;

Past national presidents: Cora M. Davis, Nehalem, Oregon; Catherine McBride Hoster, Indianapolis, Indiana; Annie Poole Atwood, Wollaston, Massachusetts; Beatrice J. Tyson, DeBary, Florida; Lizetta Coady, Detroit, Michigan; Mary J. Love, Louisville, Kentucky; Ida Heacock Baker, Parsons, Kansas; Elizabeth L. Kothe, Parkersburg, Iowa; Grace Houlette Hahn, Miami, Florida; Louise Haider, Santa Barbara. California; Anne Anschutz, Saint Louis, Missouri; Laura I. Smith, Providence, Rhode Island; Alice F. Larson, Minot, North Dakota; Grayce L. Vedetta, Brooklyn, New York; Harriette G. McCollough, Des Moines, Iowa; Eula M. Nelson. Springfield, Illinois; Daisy Heinemann, Milwaukee, Wisconsin; Grace L. Johnson, Toledo, Ohio; Ruth E. Johnson, Bellflower, California; Lucille V. Rand, Worcester, Massachusetts; Gertrude M. Edwards, Iroquois, South Dakota; Bessie K. Coughlin, Providence, Rhode Island; Elizabeth Jeans. Saint Louis, Missouri; and Josephine E. Parkhurst, Pulaski, New York, and their successors, are hereby created 76 Stat. 503and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the National Woman’s Relief Corps, Auxiliary to the.Grand Army of the Republic (hereafter referred to as the corporation), and by such name shall be known and have perpetual succession and the powers, limitations and restrictions herein contained. It shall be the duty of the persons named in this section, jointly and severally, to file with the Superintendent of Corporations of the District of Columbia a copy of this Act within fifteen days after the date of its enactment.
Sec. 2. A majority of the persons named in the first section of this Act. acting in person or by written proxy, are authorized to complete the organization of the corporation by the selection of officers, the adoption of a constitution and bylaws not inconsistent with this Act, and the doing of such other acts as may be necessary for such purpose.
Sec. 3. The purposes of the corporation shall be: To perpetuate

Purposes.

the memory of the Grand Army of the Republic, as we the National Woman’s Relief Corps are their auxiliary and were organized at their request in 1883, and of men who saved the Union in 1861 to 1865; to assist in every practicable way in the preservation and making available for research of documents and records pertaining to the Grand Army of the Republic and its members; to cooperate in doing honor to all those who have patriotically served our country in any war; to teach patriotism and the duties of citizenship, the true history of our country, and the love and honor of our flag; to oppose every tendency or movement that would weaken loyalty to, or make for the destruction or impairment of, our constitutional Union; and to inculcate and broadly sustain the American principles of representative government, of equal rights, and of impartial justice for all.
Sec. 4. The corporation shall have power—

Corporate powers.

 (1) to have succession by its corporate name; (2) to sue and be sued, complain and defend in any court of competent jurisdiction; (3) to adopt, use. and alter a corporate seal; (4) to choose such officers, as the corporation may require; (5) to adopt, amend, and alter a constitution and bylaws; not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation or its affairs; (6) to contract and be contracted with; (7) to take by lease, gift, purchase, grants, devise, or bequest from any public body or agency or any private corporation, association, parthership, firm, or individual and to hold absolutely or in trust for any of the purposes of the corporation any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State, (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State; and (8) to transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal, or mixed property.
Sec. 5. Eligibility for membership in the corporation and the rights,

Membership, eligibility.

 privileges, and designation of classes of members shall, except as provided in this Act, be determined as the constitution and bylaws of the corporation may provide. Eligibility for membership in the corporation shall be women, who are the wives, mothers, daughters, and sisters 76 Stat. 504of Union soldiers, sailors, and marines and other loyal women, who have not given aid or comfort to the enemies of the United States of America.
Sec. 6. The supreme governing authority of the corporation shall be the national convention thereof, composed of such officers and elected representatives from the several States as shall be provided by the rules and regulations: Provided, That the form of the government of the corporation shall always b? representative of the membership at large and shall not permit the concentration of the control thereof in the hands of a limited number of members or in a self-perpetuating group not so representative. The meetings of the national convention may be held in any State or in the District of Columbia.
Sec. 7. (a) During the intervals between the national convention the executive officers shall be the governing board of the corporation and shall be held responsible for the general policies, program, and activities of the corporation. (b) Upon the enactment of this Act the membership of the initial executive officers of the corporation shall consist of the executive officers of the National Woman’s Belief Corps, Auxiliary to the Grand Army of the Republic, the corporation described in section 18 of this Act, or such of them as may then be living and are qualified members of said executive officers, to wit: Mabel R. Ginder, Jessie Johnston, Irene Randolph, Bessie K. Coughlin, Ocie M. Tumey. Mary J. Love, Laura I. Smith, Ethel Ferris Hasenbuhler, and Marie Morgan. (c) Thereafter, the council of administration of the corporation shall consist of not less than seven members elected in the manner and for the term as may be prescribed in the constitution and bylaws of the corporation.
Sec. 8. The officers of the corporation shall be a national president, senior vice national president, junior vice national president, secretary and treasurer (which latter two offices may be held by one person), and such other officers as may be prescribed in the constitution and bylaws. The officers of the corporation shall be elected in such manner and for such terms and with such duties and titles as may be prescribed in the constitution and bylaws of the corporation.
Sec. 9. (a) The principal office of the corporation shall be located in Springfield, Illinois, but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States, and the District of Columbia, of the United States. (b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process, notice, or demand for the corporation, and service of such process, notice or demand required or permitted by law to be served upon the corporation may be served upon such agent. The corporation shall file with the Superintendent of Corporations of the District of Columbia a statement designating the initial and each successor registered agent of the corporation immediately following any such designation. As used in this Act the term “Superintendent of Corporations of the District of Columbia” means the Commissioners of the District of Columbia or any agent designated by them to perform the functions vested by this Act in the Superintendent of Corporations.
Sec. 10.

Use of income.

 (a) No part of the income or assets of the corporation shall inure to any of its members or officers as such, or be distributable to any of them, during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of reasonable compensation to 76 Stat. 505officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation. (b) The corporation shall not make loans to the.officers. Any member of the council of administration, who votes for or assents to the making of a loan or advance to an officer or member of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.
Sec. 11. The corporation and its officers and agents as such shall not contribute to or otherwise support or assist any political party or candidate for public office.
Sec. 12. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.
Sec. 13. The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.
Sec. 14. The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its national convention. All books and records of the corporation may be inspected by any member, or his agent or attorney, for any proper purpose at any reasonable time.
Sec. 15. (a) The accounts of the corporation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted at the place or places where the accounts of the corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the corporation and necessary to facilitate the audit snail be made available to the person or persons conducting the audit; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons. (b) A report of such independent audit shall be submitted to the

Report to Congress.

Congress not later than six months following the close of the fiscal year for which the audit was made. The report shall set forth the scope of the audit and include such statements as are necessary to present fairly the corporation’s assets and liabilities, surplus or deficit with an analysis of the changes therein during the year, sources and application of funds, and the financial results of any trading, manufacturing, publishing, or other commercial-type endeavor carried on by the corporation, together with the independent auditor’s opinion of those statements. Such report shall not be printed as a public document.
Sec. 16. Not later than six months following the close of the fiscal year the corporation shall report to the Congress on its activities during the preceding fiscal year. Such report may consist of a report on the proceedings of the national convention covering such fiscal year. Such report shall not be printed as a public document.
Sec. 17. The corporation and its subordinate corps shall have the sole and exclusive right to use the name, the National Woman’s Relief Corps, Auxiliary to the Grand Army of the Republic. The corporation shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as have heretofore been used by the Illinois corporation described in section 18 and the right to which may be lawfully transferred to the corporation.
76 Stat. 506
Sec. 18. The corporation may acquire the assets of the National Woman’s Relief Corps, Auxiliary to the Grand Army of the Republic, a corporation organized under the laws of the State of Illinois, upon discharging or satisfactorily providing for the payment and discharge of all the liability of such corporation and upon complying with all laws of the State of Illinois applicable thereto.
Sec. 19.

Distribution of assets.

 Upon any dissolution or final liquidation of the corporation, its assets shall be applied and distributed as follows: (a) All liabilities and obligations of the corporation shall be paid, Satisfied, and discharged, or adequate provision shall be made therefor; (b) Assets held by the corporation upon condition requiring return, transfer or conveyance, which condition occurs by reason of the dissolution, shall be returned, transferred or conveyed in accordance with such requirements; (c) Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational, or similar purposes, but not held upon a condition requiring return, transfer or conveyance by reason of the dissolution, shall be transferred or conveyed to one or more domestic or foreign corporations, societies, or organizations engaged in activities of a charitable, religious, eleemosynary, benevolent, educational, or similar purpose, pursuant to a plan of distribution adopted as provided in this Act; (d) Other assets, if any, shall be distributed in accordance with the provisions of the articles of incorporation or the bylaws to the extent that the articles of incorporation or bylaws determine the distributive rights of members, or any class or classes of members, or provide for distribution to others; (e) Any remaining assets may be distributed to such persons, societies, organizations or domestic or foreign corporations engaged in activities not for profit, as may be specified in a plan of distribution adopted by the council of administration of the corporation in compliance with the constitution and bylaws of the corporation and all Federal, State, and District of Columbia laws applicable thereto.
Sec. 20. The right to alter, amend, or repeat this Act is expressly reserved.
Approved September 7, 1962.
Public Law 87–651: To amend title 10, United States Code, to codify recent military laws, and to improve the Code. Public Law 651 Public Law 87–651 76 Stat. 506 1962-09-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–651
AN ACT To amend title 10, United States Code, to codify recent military laws, and to improve the Code.

September 7, 1962

[H. R. 10433]

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

Armed Forces.

 <num value="I"><inline class="smallCaps">Title</inline> I. </num> <heading class="inline"><inline class="smallCaps">Amendments to Title 10, United States Code To Incorporate Recent Laws</inline></heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">The second sentence of section 280 of title 10, United States <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/14">70A Stat. 14</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s671–686">10 USC 671–686</ref>.</p></sidenote>Code, is amended by striking out “<quotedText>513,</quotedText>” and “<quotedText>742,</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Chapter 39 of title 10, United States Code, is amended by adding after section 686: <page identifier="/us/stat/76/507">76 <inline class="smallCaps">Stat</inline>. 507</page> <quotedContent> <section> <num value="687">“§ 687. </num> <heading class="inline">Non-Regulars: readjustment payment upon involuntary release from active duty</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <chapeau>Except for members covered by subsection (b), a member of a reserve component or a member of the Army or the Air Force without component who is released from active duty involuntarily, or because he was not accepted for an additional tour of active duty for which he volunteered after he had completed a tour of active duty, and who has completed, immediately before his release, at least five years of continuous active duty as a commissioned officer, warrant officer, or enlisted member, is entitled to a readjustment payment computed by multiplying his years of active service, but not more than 18, by one-half of one month’s basic pay of the grade in which he is serving at the time of his release. For the purposes of this subsection—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a period of active duty is continuous if it is not interrupted by a break in service of more than 30 days;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>a part of a year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>a period for which the member concerned has received severance pay under another provision of law may not be included.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <chapeau>Subsection (a) does not apply to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a member who is released from active duty at his request;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>a member who is released from active duty for training;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>under regulations to be prescribed by the Secretary of Defense, or by the Secretary of the Treasury with respect to the Coast Guard when it is not operating as a service in the Navy, a member who is released from active duty because of moral or professional dereliction;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>a member who, upon release from active duty, is immediately eligible for retired pay or retainer pay based entirely on his military service;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>a member who, upon release from active duty, is immediately eligible for severance pay based on his military service and who elects to receive that severance pay; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>a member who, upon release from active duty, is immediately eligible for disability compensation under a law administered by the Veterans’ Administration and who elects to receive that disability compensation.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">However, this subsection does not prevent a member who elects to receive a readjustment payment under this section from becoming entitled to disability compensation based on his service performed after he makes that election.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>A member to whom a readjustment payment is made under this section is not entitled to mustering-out pay under the Mustering-Out Payment Act of 1944 (58 Stat. 8), the Veterans’ Readjustment Assistance Act of 1952 (66 Stat. 663), or chapter 43 of title 38. If he <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1272/1273/1222">72 Stat. 1272, 1273, 1222</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s2101–2105">38 USC 2101–2105</ref>.</p></sidenote>was paid mustering-out pay under one of those provisions before he became, entitled to a readjustment payment unaer this section, the amount of that mustering-out pay shall be deducted from the amount to which he is entitled under this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>Any readjustment payment to which a member becomes entitled under this section snail be reduced by the amount of any previous payment made to him under this section that he has not repaid to the United States. If he has repaid that amount to the United States, the period covered by it shall be treated as a period for which a payment has not been made under this section.</content> </subsection> <page identifier="/us/stat/76/508">76 <inline class="smallCaps">Stat</inline>. 508</page> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>A member’s acceptance of a readjustment payment under this section does not affect his entitlement to retired pay, retainer pay, or other retirement benefits from the United States.”</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s671–686">10 USC 671–686</ref>.</p></sidenote> <content>Chapter 39 of title 10, United States Code, is further amended by adding at the end of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“687.</designator> <label>Non-Regulars: readjustment payment upon involuntary release from active duty.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s711–717">10 USC 711–717</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Chapter 41 of title 10, United States Code, is amended by redesignating section 716, relating to the participation of members of the armed forces in international sports, as section “717”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content class="inline">Chapter 41 of title 10, United States Code, is further amended by redesignating item 716 of the analysis, relating to the participation of members of the armed forces in international sports, as item “717”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/37">70A Stat. 37</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1444">72 Stat. 1444</ref>.</p></sidenote> <content class="inline">Clauses (11) and (12) of section 802 of title 10, United States Code, are amended by inserting “<quotedText>Guam,</quotedText>” after “<quotedText>Puerto Rico,</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content class="inline">Section 1006(e) of title 10, United States Code, is amended by striking out “<quotedText>section 1391 of title 50</quotedText>” and inserting in place thereof “<quotedText>section 787 of title 14</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/89">70A Stat. 89</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 1163 of title 10, United States Code, is amended by adding at the end: <quotedContent> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>Under regulations to be prescribed by the Secretary concerned, which shall be as uniform as practicable, a member of a reserve component who is on active duty and is within two years of becoming eligible for retired pay or retainer pay under a purely military retirement system, may not be involuntarily released from that duty before he becomes eligible for that pay, unless his release is approved by the Secretary.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s1161–1167">10 USC 1161–1167</ref>.</p></sidenote> <content>Chapter 59 of title 10, United States Code, is amended by adding after section 1167: <quotedContent> <section> <num value="1168">“§ 1168. </num> <heading class="inline">Discharge or release from active duty: limitations</heading> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <content>A member of an armed force may not be discharged or released from active duty until his discharge certificate or certificate of release from active duty, respectively, and his final pay or a substantial part of that pay, are ready for delivery to him or his next of kin or legal representative.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>This section does not prevent the immediate transfer of a member to a Veterans’ Administration facility for necessary hospital care.”</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Chapter 59 of title 10, United States Code, is further amended by adding at the end of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“1168.</designator> <label>Discharge or release from active duty: limitations.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Sections 1201, 1202, and 1203 of title 10, United States <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/91">70A Stat. 91</ref>.</p></sidenote>Code, are amended by striking out “<quotedText>training) under section 270(b) of this title</quotedText>” and inserting in place thereof “<quotedText>training under section 270(b) of this title)</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/98">70A Stat. 98</ref>.</p></sidenote> <content class="inline">Section 1211(d) of title 10, United States Code, is amended by striking out “<quotedText>, (2), or (3)</quotedText>” in clause (1) and inserting “<quotedText>or (2)</quotedText>” in place thereof and by striking out “<quotedText>(5)</quotedText>” in clause (2) and inserting “<quotedText>(4)</quotedText>” in place thereof.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/71/160">71 Stat. 160</ref>.</p></sidenote> <content class="inline">Sections 1218 and 1219 of title 10, United States Code, are amended to read as follows: <page identifier="/us/stat/76/509">76 <inline class="smallCaps">Stat</inline>. 509</page> <quotedContent> <section> <num value="1218">“§ 1218. </num> <heading class="inline">Discharge or release from active duty: claims for compensation, pension, or hospitalization</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <chapeau class="inline">A member of an armed force may not be discharged or released from active duty because of physical disability until he—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>has made a claim for compensation, pension, or hospitalization, to be filed with the Veterans’ Administration, or has refused to make such a claim; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>has signed a statement that his right to make such a claim has been explained to him, or has refused to sign such a statement.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>A right that a member may assert after failing or refusing to sign a claim, as provided in subsection (a), is not affected by that failure or refusal.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>This section does not prevent the immediate transfer of a member to a Veterans’ Administration facility for necessary hospital care.</content> </subsection> </section> <section> <num value="1219">“§ 1219. </num> <heading class="inline">Statement of origin of disease or injury: limitations</heading> <content>“A member of an armed force may not be required to sign a statement relating to the origin, incurrence, or aggravation of a disease or injury that he has. Any such statement against his interests, signed by a member, is invalid.”</content> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Section 1220 of title 10, United States Code, is repealed.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content class="inline">Chapter 61 of title 10, United States Code, is amended by striking <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s1201–1221">10 USC 1201–1221</ref>.</p></sidenote>out of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“1218.</designator> <label>Explanation of rights before discharge.</label></referenceItem> <referenceItem role="section"><designator>“1219.</designator> <label>Statement against interest void.</label></referenceItem> <referenceItem role="section"><designator>“1220.</designator> <label>Location of accredited representatives at military installations.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 fontsize10">and inserting in place thereof:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“1218.</designator> <label>Discharge or release from active duty: claims for compensation, pension, or hospitalization.</label></referenceItem> <referenceItem role="section"><designator>“1219.</designator> <label>Statement of origin of disease or injury: limitations.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <content class="inline">Section 1334(b) of title 10, United States Code, is amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/104">70A Stat. 104</ref>.</p></sidenote>to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Time spent after retirement (without pay) for failure to conform to standards and qualifications prescribed under section 1001 of this title may not be credited in a computation of years of service under this chapter.”</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num> <content class="inline">Section 1405 of title 10, United States Code, is amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/130">72 Stat. 130</ref>.</p></sidenote> by striking out “<quotedText>6391(h), 6394(g)(2)</quotedText>” and inserting in place thereof “<quotedText>6394(h)</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Sections 1553 and 1554 of title 10, United States Code,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1267">72 Stat. 1267</ref>.</p></sidenote> are amended to read as follows: <quotedContent> <section> <num value="1553">“§ 1553. </num> <heading class="inline">Review of discharge or dismissal</heading> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <content>The Secretary concerned shall, after consulting the Administrator of Veterans’ Affairs, establish a board of review, consisting of five members, to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of any former member of an armed force under the jurisdiction of his department upon its own motion or upon the request of the former member or, if he is dead, his surviving spouse, next of kin, or legal representative. A motion or request for review must be made within 15 years after the date of the discharge or dismissal.</content> </subsection> <page identifier="/us/stat/76/510">76 <inline class="smallCaps">Stat</inline>. 510</page> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>A board established under this section may, subject to review by the Secretary concerned, change a discharge or dismissal, or issue a new discharge, to reflect its findings.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>A review by a board established under this section shall be based on the records of the armed forces concerned and such other evidence as may be presented to the board. A witness may present evidence to the board in person or by affidavit. A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Administrator of Veterans’ Affairs under chapter 59 of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1238">72 Stat. 1238</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s3401–3405">38 USC 3401–3405</ref>.</p></sidenote>title 38.</content> </subsection> </section> <section> <num value="1554">“§ 1554. </num> <heading class="inline">Review of retirement or separation without pay for physical disability</heading> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <content>The Secretary concerned shall from time to time establish boards of review, each consisting of five commissioned officers, two of whom shall be selected from officers of the Army Medical Corps, officers of the Navy Medical Corps, Air Force officers designated as medical officers, or officers of the Public Health Service, as the case may be, to review, upon the request of an officer retired or released from active duty without pay for physical disability, the findings and decisions of the retiring board, board of medical survey, or disposition board in his case. A request for review must be made within 15 years after the date of the retirement or separation.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>A board established under this section has the same powers as the board whose findings and decision are being reviewed. The findings of the board shall be sent to the Secretary concerned, who shall submit them to the President for approval.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>A review by a board established under this section shall be based upon the records of the armed forces concerned and such other evidence as may be presented to the board. A witness may present evidence to the board in person or by affidavit. A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Administrator of Veterans’ Affairs under chapter 59 of title 38.”</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s1551–1554">10 USC 1551–1554</ref>.</p></sidenote> <content>Chapter 79 of title 10, United States Code, is amended by striking out of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“1553.</designator> <label>Review of discharges and dismissals.</label></referenceItem> <referenceItem role="section"><designator>“1554.</designator> <label>Review of decisions of retiring boards and similar boards.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 fontsize10">and inserting in place thereof:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“1553.</designator> <label>Review of discharge or dismissal.</label></referenceItem> <referenceItem role="section"><designator>“1554.</designator> <label>Review of retirement or separation without pay for physical disability.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/71/45">71 Stat. 45</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 2633 of title 10, United States Code, is amended to read as follows: <quotedContent> <section> <num value="2633">“§ 2633. </num> <heading class="inline">Stevedoring and terminal services: vessels carrying cargo or passengers sponsored by military department</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>Notwithstanding section 628 of title 31, the Secretary of a military department may, under such regulations as he may prescribe, furnish stevedoring and terminal services and facilities to vessels carrying cargo, or passengers, or both, sponsored by his department.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The furnishing of services and facilities under this section shall be at fair and reasonable rates.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>The proceeds from furnishing services and facilities under this section shall be paid to the credit of the appropriation or fund out of which the services or facilities were supplied.”</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2631–2633">10 USC 2631–2633</ref>.</p></sidenote> <content class="inline">Chapter 157 of title 10, United States Code, is amended by adding after section 2633: <page identifier="/us/stat/76/511">76 <inline class="smallCaps">Stat</inline>. 511</page> <quotedContent> <section> <num value="2634">“§ 2634. </num> <heading class="inline">Motor vehicles: for members on permanent change of station</heading> <chapeau>“When a member of an armed force is ordered to make a permanent change of station, one motor vehicle owned by him and for his personal use may be transported to his new station at the expense of the United States—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>on a vessel owned by the United States; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>by privately owned American shipping services.”</content> </paragraph> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content class="inline">Chapter 157 of title 10, United States Code, is further amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2631–2633">10 USC 2631–2633</ref>.</p></sidenote>by striking out of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“2633.</designator> <label>Terminal Services, furnish to commercial steamship companies.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 fontsize10">and inserting in place thereof:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“2633.</designator> <label>Stevedoring and terminal services: vessels carrying cargo or passengers sponsored by military department.</label></referenceItem> <referenceItem role="section"><designator>“2634.</designator> <label>Motor vehicles: for members on permanent change of station.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="112"><inline class="smallCaps">Sec</inline>. 112. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Section 2672 of title 10, United States Code, is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1459">72 Stat. 1459</ref>.</p></sidenote>amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>$5,000</quotedText>” in the catchline and wherever it appears in the text and inserting in place thereof “<quotedText>$25,000</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>determines is urgently</quotedText>” in clause (1) and inserting in place thereof “<quotedText>or his designee determines is</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 2674(a) of title 10, United States Code, is amended by adding at the end: “<quotedText>However, a determination that a project is urgently needed is not required for a project costing not more than $5,000.</quotedText>”</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content class="inline">Chapter 159 of title 10 of United States Code, is amended by adding at the end after section 2678:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2661–2678">10 USC 2661–2678</ref>.</p></sidenote> <quotedContent> <section> <num value="2679">“§ 2679. </num> <heading class="inline">Representatives of veterans’ organizations: use of space and equipment</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>Upon certification to the Secretary concerned by the Administrator of Veterans’ Affairs, the Secretary shall allow accredited, paid, full-time representatives of the organizations named in section 3402 of title 38, or of other organizations recognized by the Administrator, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1238">72 Stat. 1238</ref>.</p></sidenote>to function on military installations under the jurisdiction of that Secretary that are on land and from which persons are discharged or released from active duty.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The commanding officer of each of those military installations shall allow the representatives described in subsection (a) to use available space and equipment at that installation.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>The regulations prescribed to carry out this section that are in effect on January 1, 1958, remain in effect until changed by joint action of the Secretary concerned and the Administrator.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>This section does not authorize the violation of measures of military security.</content> </subsection> </section> <section> <num value="2680">“§ 2680. </num> <heading class="inline">Reimbursement of owners of property acquired for public works projects for moving expenses</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>Under regulations approved by the Secretary of Defense and without regard to sections 1(M) 1 and 1003–1011 of title 5, the Secretary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/237">60 Stat. 237</ref>.</p></sidenote>of a military department, or his designee, may, upon application by the owners and the tenants of land to be acquired for a public works project of his department, reimburse those owners and tenants for those expenses, losses, or damages that he determines to be fair and reasonable and that are incurred by them as a direct result of moving themselves and their families and possessions because of that acquisition. However, application for reimbursement must be made within one year after that acquisition or within one year after the property is vacated, whichever date is later, and be accompanied by an itemized statement of the expenses, losses, and damages incurred.</content> </subsection> <page identifier="/us/stat/76/512">76 <inline class="smallCaps">Stat</inline>. 512</page> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The total payments under this section with respect to a parcel of land may not be more than 25 percent of the fair value of that land, as determined by the Secretary of the military department concerned. They are in addition to, but may not duplicate, any other payments that may be made under law as a result of acquisition of that. land.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>Any funds appropriated for civil or military public works may be used to make payments under this section.”</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2661–2678">10 USC 2661–2678</ref>.</p></sidenote> <content class="inline">Chapter 159 of title 10, United States Code, is further amended by striking out of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“2672.</designator> <label>Acquisition: interests in land when cost is not more than $5,000.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 fontsize10">and inserting in place thereof:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“2672.</designator> <label>Acquisition: interests in land when cost is not more than $25,000.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 fontsize10">and by adding the following at the end of the analysis:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“2670.</designator> <label>Representatives of veterans’ organizations: use of space and equipment.</label></referenceItem> <referenceItem role="section"><designator>“2680.</designator> <label>Reimbursement of owners of property acquired for public works projects for moving expenses.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="113"><inline class="smallCaps">Sec</inline>. 113. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2731–2736">10 USC 2731–2736</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Chapter 163 of title 10, United States Code, is amended by inserting after section 2734: <quotedContent> <section> <num value="2734a">“§ 2734a. </num> <heading class="inline">Property loss; personal injury or death: incident to noncombat activities of armed forces; foreign councountries; international agreements</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <chapeau>Under an international agreement to which the United States is a party that provides that claims against the United States arising out of the acts or omissions in the performance of official duty in a foreign country of a civilian employee, or a member, of an armed force may be adjudicated by that country under its laws and regulations, the Secretary of Defense may—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>reimburse that country for the agreed pro rata share of such amounts as are spent by that country to pay those claims, including the costs of settlement or arbitration; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>pay that country the agreed pro rata share of claims arising out of damage to the property of that country, including the costs of settlement or arbitration.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>A claim arising out of an act of an enemy of the United States or arising, directly, or indirectly, from an act of the armed forces, or a member thereof, while engaged in combat may not be considered or paid under this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>A reimbursement or payment under this section shall be made by the Secretary of Defense out of appropriations for that purpose. Those appropriations may be used to buy foreign currencies needed for the reimbursement.</content> </subsection> </section> <section> <num value="2734b">“§ 2734b. </num> <heading class="inline">Property loss; personal injury or death: incident to activities of armed forces of foreign countries in United States; international agreements</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>Where an international agreement to which the United States is a party provides that claims against a foreign country arising out of the acts or omissions in the performance of official duty in the United States, or a Territory, Commonwealth, or possession, of a civilian employee, or member, of the armed forces of that country, be adjudicated by the United States under its law’s and regulations subject to an agreed pro rata reimbursement, those claims may be prosecuted against the United States, or settled by the United States, under then existing laws and regulations as if the acts or omissions upon which they are based were the acts or omissions in the performance of official duty of a civilian employee, or a member, of an armed force.</content> </subsection> <page identifier="/us/stat/76/513">76 <inline class="smallCaps">Stat</inline>. 513</page> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>When a dispute arises in the settlement or adjudication of a claim under this section whether an act or omission was in the performance of official duty, or whether the use of a vehicle of the armed forces was authorized, the dispute shall be decided under the international agreement with the foreign country-concerned. Such a decision is final and conclusive. The Secretary of Defense may pay that part of the cost of obtaining such a decision that is chargeable to the United States under that, agreement.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>A claim arising out of an act of an enemy of the United States may not be considered or paid under this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>A payment under this section shall be made by the Secretary of Defense out of appropriations for that purpose.”</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Chapter 163 of title 10, United States Code, is amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2731–2736">10 USC 2731–2736</ref>.</p></sidenote>inserting in the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“2734a.</designator> <label>Property loss; personal Injury or death: incident to noncombat activities of armed forces; foreign countries; international agreements.</label></referenceItem> <referenceItem role="section"><designator>“2734b.</designator> <label>Property loss; personal injury or death: incident to activities of armed forces of foreign countries in United States; international agreements.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="114"><inline class="smallCaps">Sec</inline>. 114. </num> <content class="inline">Sections 3034(d)(4), 5081(c), 5201(d), and 8034(d)(4) of title 10, United States Code, are amended by striking out “<quotedText>pursuant<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/516">72 Stat. 516</ref>.</p></sidenote> to section 202(j) of the National Security Act of 1947, as amended</quotedText>” and inserting in place thereof “<quotedText>under section 124 of this title</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="115"><inline class="smallCaps">Sec</inline>. 115. </num> <content class="inline">Section 3853(1) of title 10, United States Code, is amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1486">72 Stat. 1486</ref>.</p></sidenote>by striking out “<quotedText>23</quotedText>” and inserting in place thereof “<quotedText>22</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="116"><inline class="smallCaps">Sec</inline>. 116. </num> <chapeau class="inline">Chapter 373 of title 10, United States Code, is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s4022–4025">10 USC 4022–4025</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/233">70A Stat. 233</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by repealing section 4023; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“4023.</designator> <label>Service club and library services.”</label></referenceItem> </toc> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="117"><inline class="smallCaps">Sec</inline>. 117. </num> <content class="inline">The last two sentences of sections 4337 and 9337 of title 10, United States Code, are amended to read as follows: “<quotedText>The chaplain is entitled to the same allowances for public quarters as are allowed to a captain, and to fuel and light for quarters in kind. The chaplain may be reappointed.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <num value="118"><inline class="smallCaps">Sec</inline>. 118. </num> <content class="inline">Sections 4621 (a) and (b) and 9621 (a) and (b) of title 10, United States Code, are amended by striking out “<quotedText>sections 172–172] of title 5</quotedText>” and inserting in place thereof “<quotedText>section 2208 of this title</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="119"><inline class="smallCaps">Sec</inline>. 119. </num> <chapeau class="inline">Chapter 447 of title 10, United States Code, is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s4741–4749">10 USC 4741–4749</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/268">70A Stat. 268</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by repealing section 4748; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“4748.</designator> <label>Motor vehicles: for members on permanent change of station.”</label></referenceItem> </toc> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="120"><inline class="smallCaps">Sec</inline>. 120. </num> <content class="inline">Section 5081 of title 10, United States Code, is amended by striking out subsection (e).</content> </section> <section class="firstIndent1 fontsize10"> <num value="121"><inline class="smallCaps">Sec</inline>. 121. </num> <chapeau class="inline">Section 5082 of title 10, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting the designation “<quotedText>(a)</quotedText>” before the words “<quotedText>In order that</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out of clauses (1)(A) and (2)(A) “<quotedText>as defined in section 5081 of this title</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>As used in this section, ‘operating forces’ means the several fleets, seagoing forces, sea-frontier forces, district forces, and such of the shore establishment of the Navy and other forces and activities as may be assigned thereto by the President or the Secretary of the Navy.”</content> </subsection> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="122"><inline class="smallCaps">Sec</inline>. 122. </num> <content class="inline">Section 6033(a) of title 10, United States Code, is amended by striking out “<quotedText>Except for the purposes of sections 231–319 of title 37</quotedText>” and inserting in place thereof “<quotedText>Except as otherwise specifically provided</quotedText>”.</content> </section> <page identifier="/us/stat/76/514">76 <inline class="smallCaps">Stat</inline>. 514</page> <section class="firstIndent1 fontsize10"> <num value="123"><inline class="smallCaps">Sec</inline>. 123. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1507">72 Stat. 1507</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 6148(e)(2) of title 10, United States Code, is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>section 331 of title 38</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/387">70A Stat. 387</ref>.</p></sidenote> <content>Section 6157 of title 10, United States Code, is repealed.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s6141–6161">10 USC 6141–6161</ref>.</p></sidenote> <content>Chapter 561 of title–10, United States Code, is amended by striking out of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“6157.</designator> <label>Motor vehicles: transportation on permanent change of station.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="124"><inline class="smallCaps">Sec</inline>. 124. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/429">70A Stat. 429</ref>.</p></sidenote> <content class="inline">Section 6954(a)(8) of title 10, United States Code, is amended by striking out “<quotedText>Railroad</quotedText>” and inserting in place thereof Canal.</content> </section> <section class="firstIndent1 fontsize10"> <num value="125"><inline class="smallCaps">Sec</inline>. 125. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/71/44">71 Stat. 44</ref>.</p></sidenote> <content class="inline">Section 7230 of title 10, United States Code, is amended to read as follows: <quotedContent> <section> <num value="7230">“§ 7230. </num> <heading class="inline">Sale of degaussing equipment</heading> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <content>To promote the installation, repair, and maintenance of degaussing equipment on vessels registered under the laws of the United States, the Secretary of the Navy may, under such regulations as he may prescribe, sell degaussing equipment that is available from Navy stocks, but that is not readily available commercially, to owners or operators of privately owned merchant ships of United States registry.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Sales under this section shall be at prices representing the current or estimated replacement cost to the Navy.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>The proceeds of sales under this section shall be paid to the credit of the current appropriation or fund concerned.”</content> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="126"><inline class="smallCaps">Sec</inline>. 126. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/520">70A Stat. 520</ref>.</p></sidenote> <content class="inline">Section 8352(a) of title 10, United States Code, is amended by striking out the second sentence.</content> </section> <section class="firstIndent1 fontsize10"> <num value="127"><inline class="smallCaps">Sec</inline>. 127. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/129">72 Stat. 129</ref>.</p></sidenote> <content class="inline">The table in section 8991 of title 10, United States Code, is amended by striking out “<quotedText>8962(c)</quotedText>” in footnote 1 and inserting in place thereof “<quotedText>8962(b)</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="128"><inline class="smallCaps">Sec</inline>. 128. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s9022–9025">10 USC 9022–9025</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/558">70A Stat. 558</ref>.</p></sidenote> <chapeau class="inline">Chapter 873 of title 10, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by repealing section 9023; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“9023.</designator> <label>Service club and library services.”</label></referenceItem> </toc> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="129"><inline class="smallCaps">Sec</inline>. 129. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s9741–9748">10 USC 9741–9748</ref>.</p></sidenote> <chapeau class="inline">Chapter 947 of title 10, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by repealing section 9748; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“9748.</designator> <label>Motor vehicles: for members on permanent change of station.”</label></referenceItem> </toc> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="130"><inline class="smallCaps">Sec</inline>. 130. </num> <content class="inline">Section 674(a) of title 10, United States Code, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>Units and members in the Standby Reserve may be ordered to active duty (other than for training) only as provided in section 672 of this title.”</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="131"><inline class="smallCaps">Sec</inline>. 131. </num> <content class="inline">Section 2276(b) of title 10, United States Code, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Any committee of Congress may inspect audits and reports of inspection made under subsection (a).”</content> </subsection> </quotedContent> </content> </section> <num value="II"><inline class="smallCaps">Title</inline> II. </num> <heading class="inline"><inline class="smallCaps">Transfer to Title 10 of Provisions in Title 5 Relating to Organization of Department of Defense</inline></heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s121–123">10 USC 121–123</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content>Chapter 3 of title 10, United States Code, is amended by inserting after section 123: <quotedContent> <section> <num value="124">“§ 124. </num> <heading class="inline">Combatant commands: establishment; composition; functions; administration and support</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <chapeau class="inline">With the advice and assistance of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>establish unified combatant commands or specified combatant commands to perform military missions; and</content> </paragraph> <page identifier="/us/stat/76/515">76 <inline class="smallCaps">Stat</inline>. 515</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>shall prescribe the force structure of those commands.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The military departments shall assign forces to combatant commands established under this section to perform the missions of those commands. A force so assigned is under the full operational command of the commander of the command to which it is assigned. It may be transferred from the command to which it is assigned only by authority of the Secretary and under procedures prescribed by the Secretary with the approval of the President. A force not so assigned remains, for all purposes, in the military department concerned.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>Combatant commands established under this section are responsible to the President and to the Secretary for such military missions as may be assigned to them by the Secretary with the approval of the President.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>Subject to the authority, direction, and control of the Secretary, each military department is responsible for the administration of forces assigned by that department to combatant commands established under this section. The Secretary shall assign the responsibility for the support of forces assigned to those commands to one or more of the military departments.</content> </subsection> </section> <section> <num value="125">“§ 125. </num> <heading class="inline">Functions, powers, and duties: transfer, reassignment, consolidation, or abolition</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <chapeau class="inline">Subject to section 401 of title 50, the Secretary of Defense shall <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/514">72 Stat. 514</ref>.</p></sidenote>take appropriate action (including the transfer, reassignment, consolidation, or abolition of any function, power, or duty) to provide more effective, efficient, and economical administration and operation, and to eliminate duplication, in the Department of Defense. However, except as provided by subsections (b) and (c), a function, power, or duty vested in the Department of Defense, or an officer, official, or agency thereof, by law may not be substantially transferred, reassigned, consolidated, or abolished unless the Secretary reports the details of the proposed transfer, reassignment, consolidation, or abolition to the Committees on Armed Services or the Senate and House of Representatives. The transfer, reassignment, consolidation, or abolition concerned takes effect on the first day after the expiration of the first 30 days that Congress is in continuous session after the Secretary so reports, unless either of those Committees, within that period, reports a resolution recommending that the proposed transfer, reassignment, consolidation, or abolition be rejected by the Senate or the House of Representatives, as the case may be, because it—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>proposes to transfer, reassign, consolidate, or abolish a major combatant function, power, or duty assigned to the Army, Navy, Air Force, or Marine Corps by section 3062(b), 5012, 5013, or 8062(c) of this title; and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/166/277/493">70A Stat. 166, 277, 493</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>would, in its judgment, tend to impair the defense of the United States.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">If either of those Committees, within that period, reports such a resolution and it is not adopted by the Senate or the House of Representatives, as the case may be, within the first 40 days that Congress is in continuous session after that resolution is so reported, the transfer, reassignment, consolidation, or abolition concerned takes effect on the first day after the expiration of that forty-day period. For the purposes of this subsection, a session may be considered as not continuous only if broken by an adjournment of Congress sine die. However, in computing the period that Congress is in continuous session, days that the Senate or the House of Representatives is not in session because of an adjournment of more than three days to a day certain are not counted.</continuation> </subsection> <page identifier="/us/stat/76/516">76 <inline class="smallCaps">Stat</inline>. 516</page> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content class="inline">Notwithstanding subsection (a), if the President determines it to be necessary because of hostilities or an imminent threat of hostilities, any function, power, or duty, including one assigned to the Army, Navy, Air Force, or Marine Corps by section 3062(b), 5012, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/166/277/493">70A Stat. 166, 277, 493</ref>.</p></sidenote>5013, or 8062(c) of this title, may be transferred, reassigned, or consolidated. The transfer, reassignment, or consolidation remains in effect until the President determines that hostilities have terminated or that there is no longer an imminent threat of hostilities, as the case may be.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content class="inline">Notwithstanding subsection (a), the Secretary of Defense may assign or reassign the development and operational use of new weapons or weapons systems to one or more of the military departments or one or more of the armed forces.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content class="inline">In subsection (a)(1), ‘major combatant function, power, or duty’ does not include a supply or service activity common to more than one military department. The Secretary of Defense shall, whenever he determines it will be more effective, economical, or efficient, provide for the performance of such an activity by one agency or such other organizations as he considers appropriate.</content> </subsection> </section> <section> <num value="126">“§ 126. </num> <heading class="inline">Transfer of funds and employees</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <chapeau>When a function, power, or duty or an activity of a department or agency of the Department of Defense is transferred or assigned to another department or agency of that department, balances of appropriations that the Secretary of Defense determines are available and needed to finance or discharge that function, power, duty, or activity, as the case may be, may, with the approval of the President, be transferred to the department or agency to which that function, power, duty, or activity, as the case may be, is transferred, and used for any purpose for which those appropriations were originally available. Balances of appropriations so transferred shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>be credited to any applicable appropriation account of the receiving department or agency; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>be credited to a new account that may be established on the books of the Department of the Treasury;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">and be merged with the funds already credited to that account and accounted for as one fund. Balances of appropriations credited to an account under clause (1) are subject only to such limitations as are specifically applicable to that account. Balances of appropriations credited to an account under clause (2) are subject only to such limitations as are applicable to the appropriations from which they are transferred.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>When a function, power, or duty or an activity of a department or agency of the Department of Defense is transferred to another department or agency of that department, those civilian employees of the department or agency from which the transfer is made that the Secretary of Defense determines are needed to perform that function, power, or duty, or for that activity, as the case may be, may, with the approval of the Director of the Bureau of the Budget, be transferred to the department or agency to which that function, power, duty, or activity, as the case may be, is transferred. The authorized strength in civilian employees of a department or agency from which employees are transferred under this section is reduced by the number of employees so transferred. The authorized strength in civilian employees of a department or agency to which employees are transferred under this section is increased by the number of employees so transferred.”</content> </subsection> </section> </quotedContent> </content> </subsection> <page identifier="/us/stat/76/517">76 <inline class="smallCaps">Stat</inline>. 517</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content class="inline">Chapter 3 of title 10, United States Code, is further amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s121–123">10 USC 121–123</ref>.</p></sidenote>by adding at the end of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“124.</designator> <label>Combatant commands: establishment; composition; functions; administration and support.</label></referenceItem> <referenceItem role="section"><designator>“125.</designator> <label>Functions, powers, and duties: transfer, reassignment, consolidation, or abolition.</label></referenceItem> <referenceItem role="section"><designator>“126.</designator> <label>Transfer of funds and employees.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content class="inline">Subtitle A of title 10, United States Code, is amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s101">10 USC 101 <i>et seq</i></ref>.</p></sidenote>adding after Chapter 3: <quotedContent> <chapter> <num value="4">“CHAPTER 4.—</num> <heading class="inline">DEPARTMENT OF DEFENSE</heading> <toc> <referenceItem role="section"><designator>“Sec.</designator> <label></label></referenceItem> <referenceItem role="section"><designator>“131.</designator> <label>Executive department.</label></referenceItem> <referenceItem role="section"><designator>“132.</designator> <label>Seal.</label></referenceItem> <referenceItem role="section"><designator>“133.</designator> <label>Secretary of Defense: appointment: powers and duties; delegation by.</label></referenceItem> <referenceItem role="section"><designator>“134.</designator> <label>Deputy Secretary of Defense: appointment; powers and duties; precedence.</label></referenceItem> <referenceItem role="section"><designator>“135.</designator> <label>Director of Defense Research and Engineering: appointment; powers and duties; precedence.</label></referenceItem> <referenceItem role="section"><designator>“136.</designator> <label>Assistant Secretaries of Defense: appointment; powers and duties; precedence.</label></referenceItem> <referenceItem role="section"><designator>“137.</designator> <label>General Counsel: appointment; powers and duties.</label></referenceItem> </toc> <section> <num value="131">“§ 131. </num> <heading class="inline">Executive department</heading> <content>“The Department of Defense is an executive department of the United States.</content> </section> <section> <num value="132">“§ 132. </num> <heading class="inline">Seal</heading> <content>“The Secretary of Defense shall have a seal for the Department of Defense. The design of the seal is subject to approval by the President. Judicial notice shall be taken of the seal.</content> </section> <section> <num value="133">“§ 133. </num> <heading class="inline">Secretary of Defense: appointment; powers and duties; delegation by</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content class="inline">There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Secretary of Defense within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content class="inline">The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 401 of title 50, he has authority, direction, and control over the Department of Defense.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <chapeau class="inline">The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by. the report, together with—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a report from each military department on the expenditures, work, and accomplishments of that department;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under section 125 of this title;<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 515.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>a report from the Reserve Forces Policy Board on the reserve programs of the Department of Defense, including a review of the effectiveness of chapters 51, 337, 361, 363, 549, 573, 837, 861, and 863 of this title, as far as they apply to reserve officers; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>such recommendations as he considers appropriate.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense as he may designate.</content> </subsection> </section> <page identifier="/us/stat/76/518">76 <inline class="smallCaps">Stat</inline>. 518</page> <section> <num value="134">“§ 134. </num> <heading class="inline">Deputy Secretary of Defense: appointment; powers and duties; precedence</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>There is a Deputy Secretary of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Deputy Secretary of Defense within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The Deputy Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. The Deputy Secretary shall act for, and exercise the powers of, the Secretary when the Secretary is absent or disabled.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>The Deputy Secretary takes precedence in the Department of Defense immediately after the Secretary.</content> </subsection> </section> <section> <num value="135">“§ 135. </num> <heading class="inline">Director of Defense Research and Engineering: appointment; powers and duties; precedence</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>There is a Director of Defense Research and Engineering, appointed from civilian life by the President, by and with the advice and consent of the Senate.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">The Director performs such duties relating to research and engineering as the Secretary of Defense may prescribe, including—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>being the principal adviser to the Secretary on scientific and technical matters;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>supervising all research and engineering activities in the Department of Defense; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>directing, controlling, assigning, and reassigning research and engineering activities that the Secretary considers need centralized management.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>The Director takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, and the Secretaries of the military departments.</content> </subsection> </section> <section> <num value="135">“§ 136. </num> <heading class="inline">Assistant Secretaries of Defense: appointment; powers and duties; precedence</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content class="inline">There are seven Assistant Secretaries of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <chapeau>The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. In addition, one of the Assistant Secretaries shall be the Comptroller of the Department of Defense and shall, subject to the authority, direction, and control of the Secretary—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>advise and assist, the Secretary in performing such budgetary and fiscal functions and duties, and in exercising such budgetary and fiscal powers, as are needed to carry out the powers of the Secretary;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>supervise and direct the preparation of budget estimates of the Department of Defense;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau>establish and supervise the execution of principles, policies, and procedures to be followed in connection with organizational arid administrative matters relating to—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the preparation and execution of budgets;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>fiscal, cost, operating, and capital property accounting;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>progress and statistical reporting; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>internal audit;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>establish and supervise the execution of policies and procedures relating to the expenditure and collection of funds administered by the Department of Defense; and</content> </paragraph> <page identifier="/us/stat/76/519">76 <inline class="smallCaps">Stat</inline>. 519</page> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>establish uniform terminologies, classifications, and procedures concerning matters covered by clauses (1)–(4).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <chapeau class="inline">Except as otherwise specifically provided by law, an Assistant Secretary may not issue an order to a military department unless—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the Secretary of Defense has specifically delegated that authority to him in writing; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the order is issued through the Secretary of the military department concerned, or his designee.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>In carrying out subsection (c) and sections 3010, 3012(b) (last two sentences), 5011 (first two sentences), 5031(a) (last two sentences), 8010, and 8012(b) (last two sentences) of this title, the<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 524.</p></sidenote> Secretary of each military department, his civilian assistants, and members of the armed forces under the jurisdiction of his department shall cooperate fully with personnel of the Office of the Secretary of Defense to achieve efficient administration of the Department of Defense and to carry out effectively the authority, direction, and control of the Secretary of Defense.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content class="inline">The Assistant Secretaries take precedence in the Department of Defense after the Secretary, the Deputy Secretary of Defense, the Secretaries of the military departments and the Director of Defense Research and Engineering.</content> </subsection> </section> <section> <num value="137">“§ 137. </num> <heading class="inline">General Counsel: appointment; powers and duties</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>There is a General Counsel of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The General Counsel is the chief legal officer of the Department of Defense. He shall perform such functions as the Secretary of Defense may prescribe.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>The General Counsel shall receive compensation at the rate prescribed by law for assistant secretaries of executive departments.”</content> </subsection> </section> </chapter> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content class="inline">The chapter analysis of subtitle A and the chapter analysis of part I of subtitle A of title 10, United States Code, are amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s101">10 USC 101 <i>et seq</i></ref>.</p></sidenote> by inserting the following new item: <quotedContent> <toc> <referenceItem role="section"><designator>“4.</designator> <label leaderAlign="right" leaderChar="_">Department of Defense</label><target>131”</target></referenceItem> </toc> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content class="inline">Section 141 of title 10, United States Code, is amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/6">70A Stat. 6</ref>.</p></sidenote>adding at the end: <quotedContent> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>After first informing the Secretary of Defense, a member of the Joint Chiefs of Staff may make such recommendations to Congress relating to the Department of Defense as he may consider appropriate.”</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Chapter 41 of title 10, United States Code, is amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s711–717">10 USC 711–717</ref>.</p></sidenote> by adding after section 717: <quotedContent> <section> <num value="718">“§ 718. </num> <heading class="inline">Secretary of Defense: detail of officers to assist</heading> <content>“Officers of the armed forces may be detailed for duty as assistants or personal aides to the Secretary of Defense. However, the Secretary may not establish a military staff other than that established by section 141 (a) of this title.”</content> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Chapter 41 of title 10, United States Code, is further amended by adding at the end of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“718.</designator> <label>Secretary of Defense: derail of officers to assist.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Chapter 81 of title 10, United States Code, is amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s1581–1586">10 USC 1581–1586</ref>.</p></sidenote>by inserting before section 1581: <quotedContent> <section> <num value="1580">“§ 1580. </num> <heading class="inline">Appointment generally</heading> <content>“Subject to civil service laws, the Secretary of Defense may appoint, and fix the compensation of, such civilian employees as may be necessary to perform the functions and duties, and exercise the powers, of the Department of Defense, other than those of the military departments.”</content> </section> </quotedContent> </content> </subsection> <page identifier="/us/stat/76/520">76 <inline class="smallCaps">Stat</inline>. 520</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s1581–1586">10 USC 1581–1586</ref>.</p></sidenote> <content class="inline">Chapter 81 of title 10, United States Code, is further amended by inserting at the beginning of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“1580.</designator> <label>Appointment generally.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2202">10 USC 2202</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Chapter 131 of title 10, United States Code, is amended by adding after section 2202: <quotedContent> <section> <num value="2203">“§ 2203. </num> <heading class="inline">Budget estimates</heading> <content>“To account for, and report, the cost of performance of readily identifiable functional programs and activities, with segregation of operating and capital programs, budget estimates of the Department of Defense shall be prepared, presented, and justified, where practicable, and authorized programs shall be administered, in such form and manner its the Secretary of Defense, subject to the authority and direction of the President, may prescribe. As far as practicable, budget estimates and authorized programs of the military departments shall be uniform and in readily comparable form.</content> </section> <section> <num value="2204">“§ 2204. </num> <heading class="inline">Obligation of appropriations</heading> <content>“To prevent overdrafts and deficiencies in the fiscal year for which appropriations are made, appropriations made to the Department of Defense or to a military department, and reimbursements thereto, are available for obligation and expenditure only under scheduled rates of obligation, or changes thereto, that have been approved by the Secretary of Defense. This section does not prohibit the Department of Defense from incurring a deficiency that it has been authorized by law to incur.</content> </section> <section> <num value="2205">“§ 2205. </num> <heading class="inline">Availability of reimbursements</heading> <content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/47/417">47 Stat. 417</ref>.</p></sidenote>“Reimbursements made to appropriations of the Department of Defense or a department or agency thereof under section 686 of title 31, or other amounts paid by or on behalf of a department or agency of the Department of Defense to another department or agency of the Department of Defense, or by or on behalf of personnel of any department or organization, for services rendered or supplies furnished, may be credited to authorized accounts. Funds so credited are available for obligation for the same period as the funds in the account so credited. Such an account shall be accounted for as one fund on the books of the Department of the Treasury.</content> </section> <section> <num value="2206">“§ 2206. </num> <heading class="inline">Disbursement of funds of military department to cover obligation of another agency of Department of Defense</heading> <content>“As far as authorized by the Secretary of Defense, a disbursing officer of a military department may, out of available advances, make disbursements to cover obligations in connection’with any function, power, or duty of another department or agency of the Department of Defense and charge those disbursements on vouchers, to the appropriate appropriation of that department or agency. Disbursements so made shall be adjusted in settling the accounts of the disbursing officer.</content> </section> <section> <num value="2207">“§ 2207. </num> <heading class="inline">Expenditure of appropriations: limitation</heading> <chapeau>“Money appropriated to the Department of Defense may not be spent under a contract other than a contract for personal services unless that contract provides that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the United States may, by written notice to the contractor, terminate the right of the contractor to proceed under the contract if the Secretary concerned or his designee finds, after notice and hearing, that the contractor, or his agent or other representative, offered or gave any gratuity, such as entertainment or a gift, to an officer, official, or employee of the United States to obtain a contract or favorable treatment in the awarding, amending, or <page identifier="/us/stat/76/521">76 <inline class="smallCaps">Stat</inline>. 521</page>making of determinations concerning the performance, of a contract; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>if a contract is terminated under clause (1), the United States has the same remedies against the contractor that it would have had if the contractor had breached the contract and, in addition to other damages, is entitled to exemplary damages in an amount at least three, but not more than 10, as determined by the Secretary or his designee, times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The existence of facts upon which the Secretary makes findings under clause (1) may be reviewed by any competent court.</continuation> </section> <section> <num value="2208">“§ 2208. </num> <heading class="inline">Working-capital funds</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <chapeau class="inline">To control and account more effectively for the cost of programs and work performed in the Department of Defense, the Secretary of Defense may require the establishment of working-capital funds in the Department of Defense to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>finance inventories of such supplies as he may designate; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>provide working capital for such industrial-type activities, and such commercial-type activities that provide common services within or among departments and agencies of the Department of Defense, as he may designate.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Upon the request of the Secretary of Defense, the Secretary of the Treasury shall establish working-capital funds established under this section on the books of the Department of the Treasury.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <chapeau class="inline">Working-capital funds shall be charged, when appropriate, with the cost of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>supplies that are procured or otherwise acquired, manufactured, repaired, issued, or used; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>services or work performed;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">including applicable administrative expenses, and be reimbursed from available appropriations or otherwise credited for those costs, including applicable administrative expenses and costs of using equipment.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>The Secretary of Defense may provide capital for working-capital funds by capitalizing inventories. If this method does not, in the determination of the Secretary of Defense, provide adequate amounts of working capital, such amounts as may be necessary may be appropriated for that purpose.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>Subject to the authority and direction of the Secretary of Defense, the Secretary of each military department shall allocate responsibility for its functions, powers, and duties to accomplish the most economical and efficient organization and operation of the activities, and the most economical and efficient use oi the inventories, for which working-capital funds are authorized by this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>The requisitioning agency may not incur a cost for supplies drawn from inventories, or services or work performed by industrial-type or commercial-type activities for which working-capital funds may be established under this section, that is more than the amount of appropriations or other funds available for those purposes.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <content>The appraised value of supplies returned to working-capital funds by a department, activity, or agency may be charged to that fund. The proceeds thereof shall be credited to current applicable appropriations and are available for expenditure for the same purposes that those appropriations are so available. Credits may not be made to appropriations under this subsection as the result of capitalization of inventories under subsection (d).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">“(h) </num> <content>The Secretary of Defense shall prescribe regulations governing the operation of activities and use of inventories authorized by <page identifier="/us/stat/76/522">76 <inline class="smallCaps">Stat</inline>. 522</page>this section. The regulations may, if the needs of the Department of Defense require it and it is otherwise authorized by law, authorize supplies to be sold to, or services to be rendered or work performed for, persons outside the Department of Defense. Working-capital funds shall be reimbursed for supplies so sold, services so rendered, or work so performed by charges to applicable appropriations or payments received in cash.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">“(i) </num> <content>Reports annually shall be made to the President and to Congress on the condition and operation of working-capital funds established under this section.</content> </subsection> </section> <section> <num value="2209">“§ 2209. </num> <heading class="inline">Management funds</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>To conduct economically and efficiently the operations of the Department of Defense that are financed by at least two appropriations but whose costs cannot be immediately distributed and charged to those appropriations, there is the Army Management Fund, the Navy Management Fund, and the Air Force Management Fund, each within its respective department and under the direction of the Secretary of that department. Each such fund shall consist of a corpus of $1,000,000 and such amounts as may be appropriated thereto from time to time. An account for an operation that is to be financed by such a fund may be established only with the approval of the Secretary of Defense.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Under such regulations as the Secretary of Defense may prescribe, expenditures may be made from a management fund for material (other than for stock), personal services, and services under contract. However, obligation may not be incurred against that fund if it is not chargeable to funds available under an appropriation of the department concerned or funds of another department or agency of the Department of Defense. The fund shall be promptly reimbursed from those funds for expenditures made from it.</content></subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>Notwithstanding any other provision of law, advances, by check or warrant, or reimbursements, may be made from available appropriations to a management fund on the basis of the estimated cost of a project. As adequate data becomes available, the estimated cost shall be revised and necessary adjustments made. Final adjustment shall be made with the appropriate funds for the fiscal year in which the advances or reimbursements are made. Except as otherwise provided by law, amounts advanced to management funds are available for obligation only during the fiscal year in which they are advanced.</content> </subsection> </section> <section> <num value="2210">“§ 2210. </num> <heading class="inline">Proceeds of sales of supplies: credit to appropriations</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>Current applicable appropriations of the Department of Defense may be created with proceeds of the disposals of supplies that are not financed by stock funds established under section 2208 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Obligations may, without regard to fiscal year limitations, be incurred against anticipated reimbursements to stock funds in such amounts and for such period as the Secretary of Defense, with the approval of the Director of the Bureau of the Budget, may determine to be necessary to maintain stock levels consistently with planned operations for the next fiscal year.</content> </subsection> </section> <section> <num value="2211">“§ 2211. </num> <heading class="inline">Reimbursement for equipment, material, or services furnished members of the United Nations</heading> <content>“Amounts paid by members of the United Nations for equipment or materials furnished, or services performed, in joint military operations shall be credited to appropriate appropriations of the Department of Defense in the manner authorized by section 2392(d) of title <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/453">75 Stat. 453</ref>.</p></sidenote>22.”</content> </section> </quotedContent> </content> </subsection> <page identifier="/us/stat/76/523">76 <inline class="smallCaps">Stat</inline>. 523</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content class="inline">Chapter 131 of title 10, United States Code, is further amended by adding at the end of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“2203.</designator> <label>Budget estimates.</label></referenceItem> <referenceItem role="section"><designator>“2204.</designator> <label>Obligation of appropriations.</label></referenceItem> <referenceItem role="section"><designator>“2205.</designator> <label>Availability of reimbursements.</label></referenceItem> <referenceItem role="section"><designator>“2206.</designator> <label>Disbursement of funds of military department to cover obligation of another agency of Department of Defense.</label></referenceItem> <referenceItem role="section"><designator>“2207.</designator> <label>Expenditure of appropriations: limitation.</label></referenceItem> <referenceItem role="section"><designator>“2208.</designator> <label>Working-capital funds.</label></referenceItem> <referenceItem role="section"><designator>“2209.</designator> <label>Management funds.</label></referenceItem> <referenceItem role="section"><designator>“2210.</designator> <label>Proceeds of sales of supplies: credit to appropriations.</label></referenceItem> <referenceItem role="section"><designator>“2211.</designator> <label>Reimbursement for equipment, material, or services furnished members of the United Nations.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Chapter 139 of title 10, United States Code, is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2352–2357">10 USC 2352–2357</ref>.</p></sidenote>amended by adding after section 2357: <quotedContent> <section> <num value="2358">“§ 2358. </num> <heading class="inline">Research projects</heading> <chapeau>“Subject to approval by the President, the Secretary of Defense or his designee may engage in basic and applied research projects that are necessary to the responsibilities of the Department of Defense in the field of basic and applied research and development and that relate to weapons systems and other military needs. Subject to approval by the President, the Secretary or his designee may perform assigned research and development projects—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>by contract.with educational or research institutions, private businesses, or other agencies of the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>through one or more of the military departments; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>by using employees and consultants of the Department of Defense.”</content> </paragraph> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content class="inline">Chapter 139 of title 10, United States Code, is further amended by adding at the end of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“2358.</designator> <label>Research projects.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Chapter 159 of title 10, United States Code, is amended by adding after section 2680:<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 511.</p></sidenote> <quotedContent> <section> <num value="2681">“§ 2681. </num> <heading class="inline">Construction or acquisition of family housing and community facilities in foreign countries</heading> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>In addition to family housing and to community facilities that otherwise may be constructed or acquired by the Department of Defense, the Secretary of Defense may, with the approval of the Director of the Bureau of the Budget, construct, or acquire by lease or otherwise, family housing to be occupied as public quarters, and community facilities, in foreign countries by using foreign currencies that have a value of not more than $250,000,000 and that were acquired under sections 1691–1724 of title 7 or through other commodity transactions of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/454">68 Stat. 454</ref>.</p></sidenote> the Commodity Credit Corporation.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The Department or Defense shall pay the Commodity Credit Corporation, from appropriations otherwise available for payment of quarters allowances for members of the armed forces and from appropriate allotments or rental charges for civilian employees, amounts equal to quarters allowances or allotments otherwise payable to, or rental charges collected from, persons occupying housing constructed or acquired under this section, less amounts equal to the costs of maintenance and operation of that housing. However, the total payments so made may not be more than the dollar value of the foreign currencies used for housing constructed or acquired under this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <chapeau>The Secretary of Defense shall report to the Committees on Armed Services of the Senate and House of Representatives on the fifteenth day of January, April, July, and October of each year—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the cost, number, and location of housing units constructed or acquired under this section during the three-month period covered by the report; and</content> </paragraph> <page identifier="/us/stat/76/524">76 <inline class="smallCaps">Stat</inline>. 524</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the cost, number, and location of housing units that are intended to be constructed or acquired under this section during the following three-month period.”</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2661–2680">10 USC 2661–2680</ref>.</p></sidenote> <content class="inline">Chapter 159 of title 10, United States Code, is further amended by adding at the end of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“2081.</designator> <label>Construction or acquisition of family housing and community facilities in foreign countries.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s3011–3018">10 USC 3011–3018</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Chapter 303 of title 10, United States Code, is amended by inserting before section 3011: <quotedContent> <section> <num value="3010">“§ 3010. </num> <heading class="inline">Organization</heading> <content>“The Department of the Army is separately organized under the Secretary of the Army. It operates under the authority, direction, and control of the Secretary of Defense.”</content> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content class="inline">Chapter 303 of title 10, United States Code, is further amended by inserting at the beginning of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“3010.</designator> <label>Organization.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/157/278/488">70A Stat. 157, 278, 488</ref>.</p></sidenote> <content class="inline">Sections 3012(b), 5031 (a),and 8012(b) of title 10, United States Code, are amended by adding the following at the end thereof: “<quotedText>The Secretary is responsible to the Secretary of Defense for the operation and efficiency of the Department. After first informing the Secretary of Defense, the Secretary may make such recommendations to Congress relating to the Department of Defense as he may consider appropriate.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <num value="212"><inline class="smallCaps">Sec</inline>. 212. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/277">70A Stat. 277</ref>.</p></sidenote> <content class="inline">The first sentence of section 5011 of title 10, United States Code, is amended to read as follows: “<quotedText>The Department of the Navy is separately organized under the Secretary of the Navy. It operates under the authority, direction, and control of the Secretary of Defense. It is composed of the executive part of the Department of the Navy; the Headquarters, United States Marine Corps; the entire operating forces, including naval aviation, of the United States Navy and of the United States Marine Corps, and the reserve components of those operating forces; and all field activities, headquarters, forces, bases, installations, activities, and functions under the control or supervision of the Secretary of the Navy.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <num value="213"><inline class="smallCaps">Sec</inline>. 213. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s8011–8018">10 USC 8011–8018</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Chapter 803 of title 10, United States Code, is amended by inserting before section 8011: <quotedContent> <section> <num value="8010">“§ 8010. </num> <heading class="inline">Organization</heading> <content>“The Department of the Air Force is separately organized under the Secretary of the Air Force. It operates under the authority, direction, and control of the Secretary of Defense.”</content> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Chapter 803 of title 10, United States Code, is further amended by inserting at the beginning of the analysis: <quotedContent> <toc> <referenceItem role="section"><designator>“8010.</designator> <label>Organization.”</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <num value="III"><inline class="smallCaps">Title</inline> III—</num> <heading class="inline"><inline class="smallCaps">Technical Provisions</inline></heading> <section> <heading class="smallCaps centered">amendment to universal military training and service act</heading> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/630">70A Stat. 630</ref>.</p></sidenote> <content class="inline">Section 4(d)(3) of the Universal Military Training and Service Act, as amended (50 App. U.S.C. 454(d)(3)), is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Each person who, subsequent to June 19, 1951, and on or before August 9, 1955, is inducted, enlisted, or appointed, under any provision of law, in the Armed Forces, including the reserve components thereof, or in the National Security Training Corps, prior to attaining the twenty-sixth anniversary of his birth, shall e required to serve on active training and service in the Armed Forces or in training in the National Security Training Corps, <page identifier="/us/stat/76/525">76 <inline class="smallCaps">Stat</inline>. 525</page>and in a reserve component, for a total period of eight years, unless sooner discharged on the grounds of personal hardship, in accordance with regulations and standards prescribed by the Secretary of Defense (or the Secretary of the Treasury with respect to the United States Coast Guard). Each such person, on release from active training and service in the Armed Forces or from training in the National Security Training Corps, if physically and mentally qualified, shall be transferred to a reserve component of the Armed Forces, and shall serve therein for the remainder of the period which he is required to serve under this paragraph and shall be deemed to be a member of the reserve component during that period. If the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, or the Secretary of the Treasury with respect to the United States Coast Guard, determines that enlistment, enrollment, or appointment in, or assignment to, an organized unit of a reserve component or an officers’ training program of the armed force in which he served is available to. and can, without undue personal hardship, be filled by such a person, that person shall enlist, enroll, or accept, appointment in, or accept assignment to, the organized unit or officers’ training program, and serve satisfactorily therein.”</content> </paragraph> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">separation pay or readjustment pay for reserves on active duty on july 9, 1956</heading> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <chapeau class="inline">A member of a reserve component who was serving on active duty on July 9, 1956, under an agreement entered into under section 235 of the Armed Forces Reserve Act of 1952 (66 Stat. 491),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/682">70A Stat. 682</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s963">50 USC 963</ref>.</p></sidenote> if he is involuntarily released from active duty before the expiration of that agreement, may elect to receive either—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the separation pay provided by that section; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>any readjustment payment to which he is entitled under section 687 of title 10, United States Code.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 507.</p></sidenote></content> </paragraph> </section> <section> <heading class="smallCaps centered">resolutions relating to transfers, reassignments, consolidations, or abolitions of combatant functions under section 125 of title 10, united states code</heading> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">For the purposes of this section, any resolution reported to the Senate or the House of Representatives pursuant to the provisions of section 125 of title 10, United States Code, shall be<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. S15.</p></sidenote> treated for the purpose of consideration by either House, in the same manner as a resolution with respect to a reorganization plan reported by a committee within the meaning of the Reorganization Act of 1949 as in effect on July 1, 1958 (5 U.S.C. 133z and the following), and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/203">63 Stat. 203</ref>.</p></sidenote>shall be governed by the provisions applicable to the consideration of any such resolution by either House of the Congress as provided by sections 205 and 206 of that Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>The provisions of this section are enacted by the Congress—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>as an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House, respectively, and supersede other rules only to the extent that they are inconsistent therewith; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>with full recognition of the constitutional right of either House to change the rules (as far as relating to the procedure in that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/76/526">76 <inline class="smallCaps">Stat</inline>. 526</page> <section> <heading class="smallCaps centered">compensation of assistant secretaries of navy</heading> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <content class="inline">The compensation of each of the Assistant Secretaries of the Navy is $20,000 a year.</content> </section> <section> <heading class="smallCaps centered">effective dates</heading> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>,</p></sidenote> <content class="inline">Section 108 of this Act is effective as of August 10, 1956, for all purposes. Section 304 of this Act is effective as of February 6, 1959.</content> </section> <section> <heading class="smallCaps centered">saving and severability clauses</heading> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Laws becoming effective after January 9, 1962, that are inconsistent with this Act snail be considered as superseding it to the extent of the inconsistency.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>References made by other laws, regulations and orders to the laws shall be considered to be made to the corresponding provisions of this Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Actions taken under the replaced law shall be considered to have been taken under the corresponding provisions of this Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>The enactment of this Act, except section 108, does not increase or decrease the pay or allowances, including retired and retainer pay, of any person.</content> </subsection> </section> <section> <heading class="smallCaps centered">repeals</heading> <num value="307"><inline class="smallCaps">Sec</inline>. 307. </num> <chapeau class="inline">The following laws are repealed except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act:</chapeau> <level> <heading class="smallCaps centered">Schedule of Laws Repealed</heading> <level> <num value="a"><inline class="smallCaps">a</inline>. </num> <heading class="inline"><inline class="smallCaps">statutes at large</inline></heading> <content> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:20%; height:3em; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Date</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Chapter</th> <th style="width:45%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Section</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Volume</th> <th style="width:15%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Page</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">1942—July 3</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">484</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">56</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">645.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">1947—July 26</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">343</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">301–204, 302, 308(a) (less applicability to $$ 2, 101–188, 803).</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">61</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">409, 500, 507, 500.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">1949—Aug. 10</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">412</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">4 (1st 2 pars.), 5, 6, 10(b), 11 (less $ 411)</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">63</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">579–581, 585–500.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">1951—Jan. 6</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1213</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">703</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">64</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">1235.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">1952—July 9</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">257(e)</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">66</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">497.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:4em" leaders="yes">July 14</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">726</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">401(b)</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">66</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">624.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">1953—Aug. 1</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">335</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">645 (provisos)</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">67</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">357.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">1954—June 30</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">432</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">719</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">68</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">353.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:4em" leaders="yes">July 27</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">579</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">509(b)</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">68</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">552.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:4em" leaders="yes">Aug. 31</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1152</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">68</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">1006</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:4em" leaders="yes">Sept. 1</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1210</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">407</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">68</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">1125.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:4em" leaders="yes">Sept</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1257</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">702(c)</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">68</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">1189.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">1955—July 15</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">368</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">507, 513(b)</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">69</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">350, 362.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">1956—July 9</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">534</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">70</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">517.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:4em" leaders="yes">Aug 1</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">852</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">23</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">70</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">911..</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:4em" leaders="yes">Aug. 3</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">SOT</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">411 (a)</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">70</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">1017.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:4em" leaders="yes">Aug. 10</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">1041</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">21 (less 1st sentence of $ 302)</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">70A</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">620.</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> </tbody> </table> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:20%; height:3em; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Date</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Public Law</th> <th style="width:45%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Section</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Volume</th> <th style="width:15%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Page</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">1957—Aug. 30</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">85–241</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">405</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">71</td> <td style="text-align:left; vertical-align:bottom">556.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">1958—Aug. 8</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">85–500</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">3 (a), (b), 5(b), 9(a) (less last sentence of $ 303(b)(1)).</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">72</td> <td style="text-align:left; vertical-align:bottom">514–516, 518, 521.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:4em" leaders="yes">Aug. 20</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">85–685</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">510,</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">72</td> <td style="text-align:left; vertical-align:bottom">662.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">1959—Sept. 21.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">99–317</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">1</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">73</td> <td style="text-align:left; vertical-align:bottom">589.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:4em" leaders="yes">Sept. 21</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">86–324</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">1</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">73</td> <td style="text-align:left; vertical-align:bottom">696.</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content> </level> <level> <num value="b"><inline class="smallCaps">b</inline>. </num> <heading class="inline"><inline class="smallCaps">section of title 14, united states Code</inline></heading> <content class="">Section 471a</content> </level> <level> <num value="c"><inline class="smallCaps">c</inline>. </num> <heading class="inline"><inline class="smallCaps">reorganization plan</inline></heading> <content> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:20%; height:3em; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Year</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Plan No.</th> <th style="width:45%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Section</th> <th style="width:10%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Volume</th> <th style="width:15%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Page</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">1953</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">6</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">4, 8</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">67</td> <td style="text-align:left; vertical-align:bottom">639</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content> </level> </level> </section> <page identifier="/us/stat/76/527">76 <inline class="smallCaps">Stat</inline>. 527</page> <section class="firstIndent1 fontsize10"> <num value="308"><inline class="smallCaps">Sec</inline>. 308. </num> <content class="inline">The analysis of chapter 13 of title 14, United States Code, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t14/s461–511">14 USC 461–511</ref>.</p></sidenote>is amended by striking out the following item: <quotedContent> <toc> <referenceItem role="section"><designator>“471a</designator> <label>Motor vehicles; transportation on permanent change of station.”</label></referenceItem> </toc> </quotedContent> </content> </section> Approved September 7, 1962.
Public Law 87–652: To authorize the Secretary of the Interior to convey certain lands in the State of Maryland to the Prince Georges Comity Hospital, and for other purposes. Public Law 652 Public Law 87–652 76 Stat. 527 1962-09-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–652
AN ACT To authorize the Secretary of the Interior to convey certain lands in the State of Maryland to the Prince Georges Comity Hospital, and for other purposes.

September 10, 1962

[H. R. 7782]

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

That the Secretary

Maryland.

Prince Georges County Hospital.

Land conveyance.

of the Interior is authorized to convey to the Prince Georges County Hospital, upon payment of 50 per centum of the fair market value as determined by the Secretary plus the cost of making the conveyance, all right, title, and interest of the United States of America in and to the following described parcel of land which comprises a portion of the Baltimore-Washington Parkway, being situated in Prince Georges County, Maryland:

Beginning at a stone at the end of the second line of tract numbered 121, a conveyance from Einar Mortenson and Vera Mortenson to the United States of America recorded in liber 794, folio 197, among the land records of Prince Georges County, Maryland;

thence with the third line of said conveyance, south 18 degrees 18 minutes 50 seconds west 439.37 feet to a stone, a corner common to the United States of America and Prince Georges County Hospital properties and formerly a corner common to the properties of Prince Georges County Hospital, Einar and Vera Mortenson and Elbertie Foudray;

thence with the second line of tract-numbered 120-B, a conveyance from Elbertie Foudray to the United States of America recorded in liber 794, folio 197, among the land records of Prince Georges County, Maryland, south 21 degrees 31 minutes 10 seconds west 230.54 feet to an iron pipe a corner common to the United States of America, Prince Georges County Hospital and now or formerly Louis and William Smallwood properties and formerly a corner common to the properties of Prince Georges County Hospital, Louis and William Smallwood and Elbertie Foudray;

thence with the third line of tract numbered 120-B, north 88 degrees 04 minutes 30 seconds west 431.10 feet to an iron pipe, a corner common to the United States of America and now or formerly Louis and William Smallwood properties and formerly a corner common to the properties of Louis and William Smallwood and Elbertie Foudray;

thence through the lands of the United States of America, formerly the lands of Elbertie Foudray and Einar Mortenson and Vera Mortenson, north 46 degrees 38 minutes 27 seconds east 898.82 feet to the point of beginning, and containing 3.225620 acres, more or less and as shown on the plat bearing drawing numbered NCP 123–395, dated May 22, 1961, and filed among the land records of National Capital Parks.
Approved September 10, 1962.
Public Law 87–653: To amend chapter 137, of title 10, United States Code, relating to procurement. Public Law 653 Public Law 87–653 76 Stat. 528 1962-09-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 528 Public Law 87–653
AN ACT To amend chapter 137, of title 10, United States Code, relating to procurement.

September 10, 1962

[H. R. 5532]

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

Armed Forces.

Procurement.
That title 10 of the United States Code is hereby amended as follows: (a)

70A Stat. 128.

Subsection 2304(a) is amended to read as follows: “(a) Purchases of and contracts for property or services covered by this chapter shall be made by formal advertising in all cases in which the use of such method is feasible and practicable under the existing conditions and circumstances. If use of such method is not feasible and practicable, the head of an agency, subject to the requirements for determinations and findings in section 2310, may negotiate such a purchase or contract, if—”. (b) Subsection 2304(a) (14) is amended to read as follows: “(14) the purchase or contract is for technical or special property that he determines to require a substantial initial investment or an extended period of preparation for manufacture, and for which he determines that formal advertising would be likely to result in additional cost to the Government by reason of duplication of investment or would result in duplication of necessary preparation which would unduly delay the procurement of the property;”. (c) Section 2304 is amended by adding a new subsection as follows: “(g) In all negotiated procurements in excess of $2,500 in which rates or prices are not fixed by law or regulation and in which time of delivery will permit, proposals shall be solicited from the maximum number of qualified sources consistent with the nature and requirements of the supplies or services to be procured, and written or oral discussions shall be conducted with all responsible offerors who submit proposals within a competitive range, price, and other factors considered: Provided, however, That the requirements of this subsection with respect to written or oral discussions need not be applied to procurements in implementation of authorized set-aside programs or to procurements where it can be clearly demonstrated from the existence of adequate competition or accurate prior cost experience with the product, that acceptance of an initial proposal without discussion would result in fair and reasonable prices and where the request for proposals notifies all offerors of the possibility that award may be made without discussion.” (d) The second sentence of subsection 2306(a) is amended by substituting “(f)” for “(e)”. (e) Section 2306 is amended by adding a new subsection as follows: “(f) A prime contractor or any subcontractor shall be required to submit cost or pricing data under the circumstances listed below, and shall be required to certify that, to the best of his knowledge and belief, the cost or pricing data he submitted was accurate, complete and current— “(1) Prior to the award of any negotiated prime contract under this title where the price is expected to exceed $100,000; “(2) Prior to the pricing of any contract change or modification for which the price adjustment is expected to exceed $100,000, or such lesser amount as may be prescribed by the head of the agency; “(3) Prior to the award of a subcontract at any tier, where the prime contractor and each higher tier subcontractor have been required to furnish such a certificate, if the price of such subcontract is expected to exceed $100,000; or 76 Stat. 529 “(4)

Prior to the pricing of any contract change or modification to a subcontract covered by (3) above, for which the price adjustment is expected to exceed $100,000, or such lesser amount as may be prescribed by the head of the agency.

“Any prime contract or change or modification thereto under which such certificate is required shall contain a provision that the price to the Government, including profit or fee, shall be adjusted to exclude any significant sums by which it may be determined by the head of the agency that such price was increased because the contractor or any subcontractor required to furnish such a certificate, furnished cost or pricing data which, as of a date agreed upon between the parties (which date shall be as close to the date of agreement on the negotiated price as is practicable), was inaccurate, incomplete, or noncurrent: Provided, That the requirements of this subsection need not be applied to contracts or subcontracts where the price negotiated is based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, prices set by law or regulation or, in exceptional cases where the head of the agency determines that the requirements of this subsection may be waived and states in writing his reasons for such determination.”

 (f) The first sentence of subsection 2310(b) is amended to read as

70A Stat. 132.

follows:

“Each determination or decision under clauses (11)–(16) of section 2304(a), section 2306(c), or section 2307(c) of this title and a decision

72 Stat. 967.

to negotiate contracts under clauses (2), (7), (8), (10), (12), or for property or supplies under clause (11) of section 2304(a), shall be based on a written finding by the person making the determination or decision, which finding shall set out facts and circumstances that (1) are clearly illustrative of the conditions described in clauses (11)–(16) of section 2304(a), (2) clearly indicate why the type of contract selected under section 2306(c) is likely to be less costly than any other type or that it is impracticable to obtain property or services of the kind or quality required except under such a contract, (3) clearly indicate why advance payments under section 2307(c) would be in the public interest, or (4) clearly and convincingly establish with respect to the use of clauses (2), (7), (8), (10), (12), and for property or supplies under clause (11) of section 2304(a), that formal advertising would not have been feasible and practicable.”

 (g) Section 2311 is amended to read as follows:

70A Stat. 132.
“§ 2311: Delegation “The head of an agency may delegate, subject to his direction, to any other officer or official or that agency, any power under this chapter except the power to make determinations and decisions under clauses (11)–(16) of section 2304(a) of this title. However, the power to make a determination or decision under section 2304(a) (11) of this title may be delegated to any other officer or official of that agency who is responsible for procurement, and only for contracts requiring the expenditure of not more than $100,000.”
(h) The amendments made by this Act shall take effect on the first

Effective date.

day of the third calendar month which begins after the date of enactment of this Act.
Approved September 10, 1962.
Public Law 87–654: To amend the Act of Jane 5, 1952, so as to remove certain restrictions on the real property conveyed to the Territory of Hawaii by the United States under authority of such Act. Public Law 654 Public Law 87–654 76 Stat. 530 1962-09-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 530 Public Law 87–654
AN ACT To amend the Act of Jane 5, 1952, so as to remove certain restrictions on the real property conveyed to the Territory of Hawaii by the United States under authority of such Act.

September 10, 1962

[H. R. 7278]

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

Hawaii.

Certain real property restrictions, removal.
That clause (a) of section 2 of the Act entitled “An Act to authorize the Secretary of the Navy to convey to the Territory of Hawaii certain real property at Kahului, Wailuku, Maui, Territory of Hawaii”, approved June 5, 1952 (66 Stat. 128), is amended by striking out “That particular structures or parcels not suitable for airport purposes may be leased for other purposes with the consent of the Secretary or the Navy” and by inserting in lieu thereof the following: “That particular structures and parcels of land not required or used for airport purposes may be sold, exchanged, or leased by the State of Hawaii with the consent of the Secretary of the Navy and the Administrator of the Federal Aviation Agency: Provided further, That the proceeds from any sale or lease, or the property received in any exchange, authorized by this section, shall be used for airport purposes”.
Sec. 2. Such Act is further amended by adding at the end thereof a new section as follows:
“Sec. 3.

Relinquishment of title by U.S.

In order that the State of Hawaii may convey good and clear title to any parcel of land conveyed by it under the exchange authority prescribed in clause (a) of section 2 of this Act, the Secretary of the Navy is authorized to relinquish to the State of Hawaii any right, title, and interest of the United States in and to such parcel free of any conditions set forth in section 2 on condition that the State of Hawaii agree, with respect to any lands received by such State in exchange for such parcel, to convey to the United States rights and interests substantially equal to those held by the United States in the lands originally conveyed by it to such State (then a Territory) under this Act, and such other rights and interests as the Secretary may deem necessary in the public interest.”
Sec. 3. The Secretary of the Navy shall execute such conveyance or other instrument in writing as may be necessary to carry out the amendment made by the first section of this Act.
Approved September 10, 1962.
Public Law 87–655: To incorporate the Naval Sea Cadet Corps. Public Law 655 Public Law 87–655 76 Stat. 530 1962-09-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–655
AN ACT To incorporate the Naval Sea Cadet Corps.

September 10, 1962

[S. 1308]

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

Naval Sea Cadet Corps.

Incorporation.
That the following named persons: John J. Bergen, William J. Catlett, Junior, Morgan Fitch, George Halas, John S. Leahy, Junior, and J. Pauli Marshall; members of the Navy League National Sea Cadet Committee and their associates and successors, are hereby created and declared to be a body corporate by the name of the Naval Sea Cadet Corps (hereinafter referred to as the “corporation”) and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.
76 Stat. 531
objects and purposes of the corporation Sec. 2. The objects and the purposes of the corporation shall be, through organization and cooperation with the Department of the Navy, to encourage and aid American boys to develop an interest and skill in basic seamanship and in its naval adaptations, to train them in seagoing skills and to teach them patriotism, courage, self-reliance, and kindred virtues.
completion of organization Sec. 3. The persons named in the first section, their associates and successors are hereby authorized to complete the organization of the corporation by the selection of officers, the adoption of a constitution and bylaws, the promulgation of rules or regulations that may be necessary for the accomplishment of the purposes of this corporation, and the doing of such other acts as may be necessary for such purposes.
corporate powers Sec. 4. The corporation shall have power— (1) to have succession by its corporate name; (2) to sue and be sued, complain and defend in any court of competent jurisdiction; (3) to adopt, use, and alter a corporate seal; (4) to choose such officers, managers, agents, and employees as the business of the corporation may require; (5) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs; (6) to contract and be contracted with; (7) to take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm or individual and to hold any property, real, personal or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State; (8) to transfer, convey, lease, sublease, encumber and otherwise alienate real, personal, or mixed property; and (9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise, subject in every case to all applicable provisions of Federal and State laws.
principal office, scope of activities; district of columbia agent Sec. 5. (a) The principal office of the corporation shall be located in Tacoma, Washington, or in such other place as may be later determined by the board of directors, but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States, territories, and possessions of the United States. (b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the Business address of such agent, shall be deemed notice to or service upon the corporation.
76 Stat. 532
membership Sec. 6. Eligibility for membership in the corporation and the rights, privileges, and designation of classes of members shall, except as provided in this title, be determined as the constitution and bylaws of the corporation may provide.
board of directors: composition, responsibilities Sec. 7. (a) Upon the enactment of this title and for not more than one year thereafter, the membership of the initial board of directors of the corporation shall consist of the present members of the board of directors of the Sea Cadet Corps of America, the corporation described in section 17 of this Act, or such of them as may then be living and are qualified members of said board of directors, to wit: John J. Bergen, William J. Catlett, Junior, Morgan Fitch, George Halas, John S. Leahy, Junior, and J. Pauli Marshall. (b) Thereafter, the board of directors of the corporation shall consist of such number (not less than ten and not more than twenty-five), shall be selected in such manner (including the filling of vacancies), and shall serve for such term as may be prescribed in the constitution and bylaws of the corporation. (c) The board of directors shall be the governing board of the corporation, and shall be responsible for the general policies and program of the corporation and for the control of all funds of the corporation.
officers; election and duties of officers Sec. 8. (a) The officers of the corporation shall be a president, one or more vice presidents (as may be prescribed in the constitution and bylaws of the corporation), a secretary, and a treasurer, and such other officers as may be provided in the constitution and bylaws. (b) The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the constitution and bylaws of the corporation.
use of income: loans to officers, directors, or employees Sec. 9. (a) No part of the income or assets of the corporation shall inure to any of its members, directors, or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the board of directors of the corporation. (b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan or advance to an officer, director, or employee of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.
nonpolitical nature of corporation Sec. 10. The corporation, and its officers and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for public office.
76 Stat. 533
liability for acts of officers and agents Sec. 11. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.
prohibition against issuance of stock or payment of dividends Sec. 12. The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.
books and records: inspection Sec. 13. The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any authority under the board of directors, and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time.
audit of financial transactions Sec. 14. (a) The accounts of the corporation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted at the place or places where the accounts of the corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audit; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons. (b) A report of such audit shall be made by the corporation to the

Report to Congress,

Congress not later than March 1 of each year. The report shall set forth the scope of the audit and shall include a verification by the person or persons conducting the audit of statements of (1) assets and liabilities, (2) capital and surplus or deficit, (3) surplus or deficit analysis, (4) income and expense, and (5) sources and application of funds. Such report shall not be printed as a public document.
use of assets on dissolution or liquidation Sec. 15. Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.
exclusive right to name, emblem, seats, and badges Sec. 16. The corporation shall have the sole and exclusive right to the name “Naval Sea Cadet Corps” and to have and to use in carrying out its purposes, distinctive insignia, emblems and badges, descriptive or designating marks, and words or phrases, as may be required in 76 Stat. 534the furtherance of its functions. No powers or privileges hereby granted shall, however, interfere or conflict with established or vested rights.
transfer of assets Sec. 17. The corporation may acquire the assets of the Sea Cadet Corps of America, a corporation organized under the laws of the State of Washington, upon discharging or satisfactorily providing for the payment and discharge of all of the liability of such corporation and upon complying with all laws of the State of Washington applicable thereto.
annual report Sec. 18. The corporation shall report annually to the Secretary of the Navy concerning its proceedings and activities for the preceding

Report to Congress.

calendar years. The Secretary of the Navy shall communicate to Congress the whole of such reports, or such portion thereof as he shall see fit.
reservation of right to amend or repeal chapter Sec. 19. The right to alter, amend, or repeal this title is expressly reserved.
Approved September 10, 1962.
Public Law 87–656: To encourage and aid the development of reconstructive medicine and surgery and the development of medico-surgical research by authorizing the licensing of tissue banks in the District of Columbia, by facilitating antemortem and postmortem donations of human tissue for tissue bank purposes, and for other purposes. Public Law 656 Public Law 87–656 76 Stat. 534 1962-09-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–656
AN ACT To encourage and aid the development of reconstructive medicine and surgery and the development of medico-surgical research by authorizing the licensing of tissue banks in the District of Columbia, by facilitating antemortem and postmortem donations of human tissue for tissue bank purposes, and for other purposes.

September 10, 1962

[S. 2321]

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

District of Columbia Tissue Bank Act.
That this Act may be cited as the “District of Columbia Tissue Bank Act”.
Sec. 2. Statement of Policy and Purpose.—Because of the rapid medical progress in the field of tissue preservation, tissue transplantation, and tissue culture, and because it is in the public interest to aid the development of this field of medicine, it is the policy and purpose of Congress in enacting this Act to encourage and aid the development of reconstructive medicine and surgery and the development of medico-surgical research by providing for the licensing and regulation of tissue banks, and by facilitating antemortem and postmortem authorizations for donations of tissue.
Sec. 3. Definitions.—

For the purposes of this Act, except where the context indicates a different meaning—

“Commissioners” means the Commissioners of the District of Columbia or their designated agent.

“Donor” means any person who, in accordance with the provisions of this Act, bequeaths or donates his tissue for removal after death in furtherance of the purposes of this Act, and also means any deceased person whose tissue is donated or disposed of for the purposes of this Act.

“Tissue” means any portion of the body of a dead human.

“Tissue bank” means a facility for procuring, removing, and disposing of portions of bodies of dead humans for the purposes of reconstructive medicine and surgery, and research and teaching in reconstructive medicine and surgery.
76 Stat. 535
Sec. 4. Tissue Bank Licenses and Regulations.—(a) No person shall operate any tissue bank in the District of Columbia without a valid license issued pursuant to this Act. No such license shall be issued except to persons duly licensed or duly registered as physicians under the Healing Arts Practice Act of the District of Columbia (45 Stat. 1326; title 2, ch. 1, D.C. Code, 1951 ed.) or to persons holding valid licenses to operate and maintain hospitals for humans pursuant to the Act entitled “An Act to regulate the establishment and maintenance of private hospitals and asylums in the District of Columbia”, approved April 20, 1908 (35 Stat. 64; D.C. Code, 1951 ed., title 32, ch. 3). (b) The Commissioners are authorized, after public hearing, to

Rules and regulations.

adopt and promulgate rules and regulations prescribing, without limitation, (1) the terms and conditions under which a tissue bank license may be issued and renewed; (2) the fees to be paid for the issuance and renewal of such licenses; (3) the duration of such licenses; (4) the grounds for suspension and revocation of such licenses; (5) the operation of tissue banks; (6) the conditions under which tissue may be processed, preserved, stored, and transported; and (7) the making, keeping, and disposition of records by tissue banks or by other persons processing, preserving, storing, or transporting tissue. (c) The Commissioners may, after notice and hearing, deny, suspend, or revoke any tissue bank license issued or applied for pursuant to this Act. (d) Any person aggrieved by any final decision or final order of the Commissioners denying, suspending, or revoking any tissue bank license or renewal thereof, issued or applied for under this Act, may obtain a review of such decision or order in the municipal court of appeals for the District of Columbia, and may seek review by the United States Court of Appeals for the District of Columbia of any judgment of the municipal court of appeals entered pursuant to its review of any such decision or order, all in accordance with subsection (f) of section 7 of the Act approved April 1, 1942, as added by the Act approved August 31, 1954 (68 Stat. 1048; sec. 11–772, D.C. Code, 1951 ed.). (e) Except with respect to the provisions as to licensing, the provisions of this Act, and the regulations made pursuant thereto, shall apply to Federal agencies situated in the District of Columbia, and to District of Columbia agencies.
Sec. 5. Penalties.—Any person violating any provision of this Act, or any regulation made pursuant to this Act, shall be fined not more than $300, or be imprisoned for not more than ninety days. Prosecution for violations of this Act and regulations made pursuant thereto shall be brought in the name of the District of Columbia.
Sec. 6. Donation of Tissue.—(a) Any person who, under the law of the District of Columbia, has capacity to make a valid will, may by will, codicil, or any written statement donate his tissue for the purposes of this Act. Any person who, in accordance with this Act, donates his tissue may, but shall not be required to, designate the purpose for which his tissue is to be used. Any physician or hospital validly operating a tissue bank shall have full authority to take the tissue so donated and use the same for the purposes enumerated in this Act. (b) No particular words shall be required for such person to donate his tissue, but any will, codicil, or written statement shall be liberally construed to effectuate the intent and purpose of the person desiring to donate his tissue for any purpose authorized by this Act. If, pursuant to this section or section 7, a person donates tissue by a written statement other than by a will or codicil, such statement shall be signed by him and be witnessed by two persons of legal age. 76 Stat. 536 (c) A provision in any will, codicil, or written statement which donates tissue as provided by this Act shall become effective immediately upon the death of the testator or donor, and shall constitute the authority for any physician or hospital validly operating a tissue bank to remove said tissue.
Sec. 7. Tissue Donations by Those Having Right to Body.—Any person having the right to a body for the purpose of burial may by a written statement donate any tissue from such body to any tissue bank, and in such written statement may designate the purpose or purposes for which such tissue is to be used. Such writing shall constitute full authority for the tissue bank to use such tissue for the purposes of this Act.
Sec. 8. Persons Entitled to the Body.—For the purposes of this Act, the order of priority in which persons are entitled to the body for burial and who may donate tissue therefrom shall be the following: (a) The surviving spouse. (b) If there be no surviving spouse, or if the surviving spouse is incompetent, unavailable, or does not claim the body for burial, then an adult child, a parent, an adult brother, or an adult sister of the decedent. Any one of such persons may make such donation: Provided, That tissue shall not be removed pursuant to a donation made by any one of such persons designated in this subsection if, before such tissue is removed, any one of such persons shall, in writing, notify the tissue bank which is to remove the tissue that he objects to such removal. (c) Any person whom the deceased during his lifetime designated by written instrument to take charge of his body for burial. (d) The person or agency who or which assumes custody of the body for burial, in any case in which the person designated as provided in paragraph (c) or all of the persons mentioned in paragraph (a) or (b) of this section have failed to claim the body.
Sec. 9. Office of the Coroner.—(a) The Commissioners are authorized to appoint such number of licensed physicians as they deem appropriate to perform such of the functions of the Coroner of the District of Columbia as the Commissioners shall prescribe. The Commissioners are authorized to fix the compensation of such physicians at a rate or rates not in excess of the per diem equivalent of the maximum rate for grade 18 of the General Schedule or the Classification

Post, p. 843.

Act of 1949, as amended. The Commissioners are further authorized, in their discretion, to accept the services of such physicians without compensation. (b) The Coroner of the District of Columbia may, in his discretion, allow tissue to be removed from any dead human body in his custody or under his jurisdiction: Provided, That such tissue removal shall not interfere with other functions of the Office of the Coroner: Provided further, That the person who, in accordance with section 8 of this Act, is entitled to the body for burial, shall first authorize such tissue removal.
Sec. 10. Movement and Disposition of Tissue by Tissue Banks.—Sections 675 and 676 of the Act entitled “An Act to establish a code of laws for the District of Columbia”, approved March 3, 1901 (31 Stat. 1296), as amended by the first section of the Act approved September 22, 1950 (64 Stat. 904; sec. 27–119a, D.C. Code, 1951 ed.), are amended (a) by striking, in the first sentence of such sections, the 76 Stat. 537words “remove, transport,”; (b) by inserting immediately after “designate,” in such first sentence the following: “or to remove from place to place, or transport, the dead body, or any part thereof, of a human being, except”; and (c) by inserting immediately after such first sentence of such sections the following: “Notwithstanding the provisions of the preceding sentence, the Commissioners may, in their discretion, by regulation authorize (a) tissue banks operating pursuant to the District of Columbia Tissue Bank Act or (b) other persons subject to regulations made pursuant to such Act, or both, to remove, transport, and dispose of tissue taken from such dead body without such permit.”
Sec. 11. Removal of Tissue Immediately After Death.—Section 683 of the Act entitled “An Act to establish a code of laws for the District of Columbia”, approved March 3, 1901 (31 U.S.C. 1298; sec.

31 Stat. 1298.

27–125, D.C. Code, 1951 ea.), is amended by adding at the end thereof the following: “Notwithstanding the provisions of this section, whenever any person is pronounced dead by a physician duly licensed or duly registered under the Healing Arts Practice Act of the District of Columbia (45 Stat. 1326; title 2, ch. 1, D.C. Code, 1951 ed.), tissue donated in accordance with the provisions of the District of Columbia Tissue Bank Act may be removed by or under the supervision of a person licensed under the authority of section 4 of such Act for preservation in a tissue bank operating pursuant to such Act, without regard for any time limitation, or for any permit or certificate requirement, established by this section: Provided, That with respect to a dead human body in the custody of the Coroner or under his jurisdiction, no tissue shall be removed therefrom for preservation except with the specific approval of the Coroner in each case.”
Sec. 12. Exemption of Licensed Undertakers From Act.—Nothing in this Act shall be construed (1) to prohibit undertakers licensed pursuant to paragraph 44A of section 7 of the Act entitled “An Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June 30, 1903, and for other purposes”, approved July 1, 1902, as amended (61 Stat. 711; sec. 47–2344a, D.C. Cede, 1951 ed.), from discharging their duties, or (2) to prohibit or affect in any way the authority, duties, rights, or obligations vested, imposed, or granted by the Act entitled “An Act for the promotion of anatomical science and to prevent the desecration of graves in the District of Columbia”, approved April 29, 1902 (32 Stat. 173, D.C. Code, 1951 ed., title 2, ch. 2).
Sec. 13. Coordination of Act With Reorganization Plan No. 5.—Nothing in this Act shall be construed so as to affect the authority vested in the Board of Commissioners of the District of Columbia by Reorganization Plan Numbered 5 of 1952 (66 Stat. 824). The performance

D. C. Code, title 1 app.

of any function vested by this Act in the Board of Commissioners or in any office or agency under the jurisdiction and control of said Board of Commissioners may be delegated by said Board of Commissioners in accordance with section 3 of such plan.
Sec. 14. Effective Date.—This Act, except section 4, shall take effect upon approval. Section 4 shall take effect sixty days after the Commissioners have initially promulgated regulations pursuant to such section.
Approved September 10, 1962.
Public Law 87–657: To establish the Point Reyes National Seashore in the State of California, and for other purposes. Public Law 657 Public Law 87–657 76 Stat. 538 1962-09-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 538 Public Law 87–657
AN ACT To establish the Point Reyes National Seashore in the State of California, and for other purposes.

September 13, 1962

[S. 476]

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

California.

Point Reyes National Seashore.

Establishment.
That in order to save and preserve, for purposes of public recreation, benefit, and inspiration, a portion of the diminishing seashore of the United States that remains undeveloped, the Secretary of the Interior (hereinafter referred to as the “Secretary”) is hereby authorized to take appropriate action in the public interest toward the establishment of the national seashore set forth in section 2 of this Act.
Sec. 2. (a) The area comprising that portion of the land and waters located on Point Reyes Peninsula, Marin County, California, which shall be known as the Point Reyes National Seashore, is described as follows by reference to that certain boundary map, designated NS–PR–7001, dated June 1, 1960, oh file with the Director, National Park Service, Washington, District of Columbia. Beginning at a point, not monumented, where the boundary line common to Rancho Punta de los Reyes (Sobrante) and Rancho Las Baulines meets the average high tide fine of the Pacific Ocean as shown on said boundary map; Thence southwesterly from said point 1,320 feet offshore on a prolongation of said boundary line common to Rancho Punta de los Reyes (Sobrante) and Rancho Las Baulines; Thence in a northerly and westerly direction paralleling the average high tide line of the snore of the Pacific Ocean; along Drakes Bay, and around Point Reyes; Thence generally northerly and around Tomales Point, offshore a distance of 1,320 feet from average high tide line: Thence southeasterly along a line 1,320 feet offshore and parallel to the average high tide line along the west shore of Bodega Bay and Tomales Bay to the intersection of this line with a prolongation of the most northerly tangent of the boundary of Tomales Bay State Park; Thence south 54 degrees 32 minutes west 1,320 feet along the prolongation of said tangent of Tomales Bay State Park boundary to the average high tide line on the shore of Tomales Bay; Thence following the boundary of Tomales Bay State Park in a southerly direction to a point lying 105.4 feet north 41 degrees east of an unimproved road heading westerly and northerly from Pierce Point Road; Thence south 41 degrees west 105.4 feet to a point on the north right-of-way of said unimproved road; Thence southeasterly along the north right-of-way of said unimproved road and Pierce Point Road to a point at the southwest corner of Tomales Bay State Park at the junction of the Pierce Point Road and Sir Francis Drake Boulevard; Thence due south to a point on the south right-of-way of said Sir Francis Drake Boulevard; Thence southeasterly along said south right-of-way approximately 3,100 feet to a point; Thence approximately south 19 degrees west approximately 300 feet; Thence south approximately 400 feet; Thence southwest to the most northerly corner of the Inverness watershed area; Thence southerly and easterly along the west property line of the Inverness watershed area approximately 9,040 feet to a point near the 76 Stat. 539intersection of this property line with an unimproved road as shown on said boundary map; Thence southerly along existing property lines that roughly follow said unimproved road to its intersection with Drakes Summit Road and to a point on the north right-of-way of Drakes Summit Road; Thence easterly approximately 1.000 feet along the north right-of-way of said Drakes Summit Road to a point which is a property line corner at the intersection with an unimproved road to the south; Thence southerly and easterly and then northerly, as shown approximately on said boundary map, along existing property lines to a point on the south right-of-way of the Bear Valley Road, approximately 1,500 feet southeast of its intersection with Sir Francis Drake Boulevard; Thence easterly and southerly along said south right-of-way of Bear Valley Road to a point on a property line approximately 1,000 feet west of the intersection of Bear Valley Road and Sir Francis Drake Boulevard in the village of Olema; Thence south approximately 1,700 feet to the northwest corner of property now owned by Helen U. and Mary S. Shafter; Thence southwest and southeast along the west boundary of said Shafter property to the southwest corner of said Shafter property: Thence approximately south 30 degrees east on a course approximately 1,700 feet to a point; Thence approximately south 10 degrees east on a course to the centerline of Olema Creek; Thence generally southeasterly up the centerline of Olema Creek to a point on the west right-of-way line of State Route Numbered 1; Thence southeasterly along westerly right-of-way line to State Highway Numbered 1 to a point where a prolongation of the boundary line common to Rancho Punta de los Reyes (Sobrante) and Rancho Las Baulines would intersect right-of-way line of State Highway Numbered 1; Thence southwesterly to and along said south boundary line of Rancho Punta de los Reyes (Sobrante) approximately 2,000 feet to a property corner; Thence approximately south 38 degrees east approximately 1,500 feet to the centerline of Pine Gulch Creek; Thence down the centerline of Pine Gulch Creek approximately 400 feet to the intersection with a side creek flowing from the west; Thence up said side creek to its intersection with said south boundary line of Rancho Punta de los Reyes (Sobrante); Thence southwest along said south boundary line of Rancho Punta de los Reyes to the point of beginning, containing approximately 53,000 acres. Notwithstanding the foregoing description, the Secretary is authorized to include within the Point Reyes National Seashore the entire tract of land owned by the Vedanta Society of Northern California west of the centerline of Olema Creek, in order to avoid a severance of said tract. (b) The area referred to in subsection (a) shall include also a right-of-way, to be selected by the Secretary, of not more than 400 feet in width to the aforesaid tract from the intersection of Sir Francis Drake Boulevard and Haggerty Gulch.
Sec. 3. (a) Except as provided in section 4, the Secretary is authorized to acquire, and it is the intent of Congress that he shall acquire as rapidly as appropriated funds become available for this purpose or as such acquisition can be accomplished by donation or with donated funds or by transfer, exchange, or otherwise the lands, waters, and other property, and improvements thereon and any interest therein, within the areas described in section 2 of this Act or which lie within 76 Stat. 540the boundaries of the seashore as established under section 5 of this Act (hereinafter referred to as “such area”). Any property, or interest therein, owned by a State or political subdivision thereof may be acquired only with the concurrence of such owner. Notwithstanding any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of this Act. In exercising his authority to acquire property in accordance with the provisions of this subsection, the Secretary may enter into contracts requiring the expenditure, when appropriated, of funds authorized by section 8 of this Act, but the liability of the United States under any such contract shall be contingent on the appropriation of funds sufficient to fulfill the obligations thereby incurred. (b) The Secretary is authorized to pay for any acquisitions which he makes by purchase under this Act their fair market value, as determined by the Secretary, who may in his discretion base his determination on an independent appraisal obtained by him. (c) In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property located within such area and convey to the grantor of such property any federally owned property under the jurisdiction of the Secretary within California and adjacent States, notwithstanding any other provision of law. The properties so exchanged shall be approximately equal in fair market value, provided that the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize the values of the properties exchanged.
Sec. 4.

No parcel of more than five hundred acres within the zone of approximately twenty-six thousand acres depicted on map numbered NS–PR–7002, dated August 15, 1961, on file with the director, National Park Service, Washington, District of Columbia, exclusive of that land required to provide access for purposes of the national seashore, shall be acquired without the consent of the owner so long as it remains in its natural state, or is used exclusively for ranching and dairying purposes including housing directly incident thereto.

“Ranching and dairying purposes.”

The term “ranching and dairying purposes”, as used herein, means such ranching and dairying, primarily for the production of food, as is presently practiced in the area.

In acquiring access roads within the pastoral zone, the Secretary shall give due consideration to existing ranching and dairying uses and shall not unnecessarily interfere with or damage such use.
Sec. 5. (a)

Publication in F. R.

As soon as practicable after the date of enactment of this Act and following the acquisition by the Secretary of an acreage in the area described in section 2 of this Act, that is in the opinion of the Secretary efficiently administrable to carry out the purposes of this Act, the Secretary shall establish Point Reyes National Seashore by the publication of notice thereof in the Federal Register. (b)

Notification of Governor, etc.

Such notice referred to in subsection (a) of this section shall contain a detailed description of the boundaries of the seashore which shall encompass an area as nearly as practicable identical to the area described in section 2 of this Act. The Secretary shall forthwith after the date of publication of such notice in the Federal Register (1) send a copy of such notice, together with a map showing such boundaries, by registered or certified mail to the Governor of the State and to the governing body of each of the political subdivisions involved; (2) cause a copy of such notice and map to be published in one or more newspapers which circulate in each of the localities; and (3) cause a certified copy of such notice, a copy of such map, and a copy of this Act to be recorded at the registry or deeds for the county involved.
76 Stat. 541
Sec. 6. (a) Any owner or owners (hereinafter in this subsection referred to as “owner”) of improved property on the date of its acquisition by the Secretary may, as a condition to such acquisition, retain the right of use and occupancy of the improved property for noncommercial residential purposes for a term of fifty years. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner. (b) As used in this Act, the term “improved property” shall mean

“Improved property.”

a private noncommercial dwelling, including the land on which it is situated, whose construction was begun before September 1, 1959, and structures accessory thereto (hereinafter in this subsection referred to as “dwelling”), together with such amount and locus of the property adjoining and in the same ownership as such dwelling as the Secretary designates to be reasonably necessary for the enjoyment of such dwelling for the sole purpose of noncommercial residential use and occupancy. In making such designation the Secretary shall take into account the manner of noncommercial residential use and occupancy in which the dwelling and such adjoining property has usually been enjoyed by its owner or occupant.
Sec. 7. (a) Except as otherwise provided in this Act, the property acquired by the Secretary under this Act shall be administered by the Secretary, subject to the provisions of the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535), as amended and supplemented, and in

16 USC 1.

accordance with other laws of general application relating to the national park system as defined by the Act of August 8, 1953 (67 Stat. 496), except that authority otherwise available to the Secretary

16 USC 1c.

for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of this Act. (b) The Secretary may permit hunting and fishing on lands and waters under his jurisdiction within the seashore in such areas and under such regulations as he may prescribe during open seasons prescribed by applicable local, State, and Federal law. The Secretary shall consult with officials of the State of California and any political subdivision thereof who have jurisdiction of hunting and fishing prior to the issuance of any such regulations, and the Secretary is authorized to enter into cooperative agreements with such officials regarding such hunting and fishing as he may deem desirable.
Sec. 8. There are authorized to be appropriated such sums as may

Appropriation.

be necessary to carry out the provisions of this Act, except that no more than $14,000,000 shall be appropriated for the acquisition of land and waters and improvements thereon, and interests therein, and incidental costs relating thereto, in accordance with the provisions of this Act.
Approved September 13, 1962.
Public Law 87–658: To provide authority to accelerate public works programs by the Federal Government and State and local bodies. Public Law 658 Public Law 87–658 76 Stat. 541 1962-09-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–658
AN ACT To provide authority to accelerate public works programs by the Federal Government and State and local bodies.

September 14, 1962

[S. 2965]

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

Public Works Acceleration Act.

be cited as the “Public Works Acceleration Act”.
76 Stat. 542
Sec. 2. (a) The Congress finds that (1) certain communities and areas in the Nation are presently burdened by substantial unemployment and underemployment and have failed to share fully in the economic gains of the recovery from the recession of 1960–1961 and (2) action by the Federal Government is necessary, both to provide immediate useful work for the unemployed and underemployed in these communities and to help these communities, through improvement of their facilities, to become more conducive to industrial development and better places in which to live and work. The Nation has a backlog of needed public projects, and an acceleration of these projects now will not only increase employment at a time when jobs are urgently required but will also meet longstanding public needs, improve community services, and enhance the health and welfare of citizens of the Nation. (b) The Congress further finds that Federal assistance to stimulate public works investment in order to increase employment opportunities is most urgently needed in those areas, both urban and rural, which qualify as redevelopment areas because they suffer from persistent and chronic unemployment and economic underdevelopment, as well as in other areas which have suffered from substantial unemployment for a period of at least twelve months.
Sec. 3. (a)

“Eligible area.”

For the purposes of this section the term “eligible area” means— (1) those areas which the Secretary of Labor designates each month as having been areas of substantial unemployment for at least nine of the preceding twelve months; and (2) those areas which are designated by the Secretary of Commerce under subsections (a) and (b) or section 5 of the Area

75 Stat. 48.

42 USC 2504.

Authority.

Redevelopment Act as “redevelopment areas”. (b) The President is authorized to initiate and accelerate in eligible areas those Federal public works projects which have been authorized by Congress, and those public works projects of States and local governments for which Federal financial assistance is authorized under provisions of law other than this Act, by allocating funds appropriated to carry out this section— (1) to the heads of the departments, agencies, and instrumentalities of the Federal Government responsible for the construction of Federal public works projects, and (2) to the heads of the departments, agencies, and instrumentalities of the Federal Government responsible for the administration of laws authorizing Federal financial assistance to public works projects of States and local governments. (c)

Grants-in-aid.

All grants-in-aid made from allocations made by the President under this section shall be made by the head of the department, agency, or instrumentality of the Federal Government administering the law authorizing such grants, and, except as otherwise provided in this subsection, shall be made in accordance with all of the provisions of such law except (1) provisions requiring allocation of funds among the States, and (2) limitations upon the total amount of such grants for any period. Notwithstanding any provision of such law requiring the Federal contribution to the State or local government involved to be less than a fixed portion of the cost of a project, grants-in-aid may be made under authority of this section which bring the total of all Federal contributions to such project up to 50 per centum of the cost of such project, or up to 75 per centum of the cost of such project if the State or local government does not have economic and financial capacity to assume all of the additional financial obligations required. (d)

Appropriations.

There is hereby authorized to be appropriated not to exceed $900,000,000 to be allocated by the President in accordance with subsection (b) of this section, except that not less than $300,000,000 shall 76 Stat. 543be allocated for public works projects in areas designated by the Secretary of Commerce as redevelopment areas under subsection (b) of section 5 of the Area Redevelopment Act.

75 Stat. 48.

42 USC 2504.

Rules and regulations.

 (e) The President shall prescribe rules, regulations, and procedures to carry out this section which will assure that adequate consideration is given to the relative needs of eligible areas. In prescribing such rules, regulations, and procedures the President shall consider among other relevant factors (1) the severity of the rates of unemployment in the eligible areas and the duration of such unemployment and (2) the income levels of families and the extent of underemployment in eligible areas. (f) Funds allocated by the President under this section shall

Restrictions.

be available only for projects— (1) which can be initiated or accelerated within a reasonably short period of time; (2) which will meet an essential public need; (3) a substantial portion of which can be completed within twelve months after initiation or acceleration; (4) which will contribute significantly to the reduction of local unemployment; (5) which are not inconsistent with locally approved comprehensive plans for the jurisdiction affected, wherever such plans exist. (g) Not more than 10 per centum of all amounts allocated by the President under this section shall be made available for public works projects within any one State. (h) The criteria to be used by the Secretary of Labor in determining areas of substantial unemployment for the purposes of paragraph (1) of subsection (a) of this section shall be the criteria established in section 6.3 of title 29 of the Code of Federal Regulations as in effect May 1, 1962.
Sec. 4. (a) No part of any allocation made by the President under this Act shall be made available during any fiscal year to any State or local government for any public works project, unless the proposed or planned total expenditure (exclusive of Federal funds) of such State or local government during such fiscal year for all its capital improvement projects is increased by an amount approximately equal to the non-Federal funds required to be made available for such public works project. (b) No part of any allocation made by the President under this Act shall be made available for any planning or construction, directly or indirectly, of any school or other educational facility.
Sec. 5. (a) Paragraph (4) of subsection (b) of section 202 of the

75 Stat. 174.

42 USC 1492.

Housing Amendments of 1955 is amended by adding at the end thereof the following new sentence: “This paragraph shall not apply to any financial assistance to be extended under subsection (a) of this section for the purpose of financing any project for public works or facilities to be initiated or accelerated as the result of a grant-in-aid from an allocation made by the President under section 9 of the Public Works Acceleration Act.” (b) Section 202 of the Housing Amendments of 1955 is amended by

42 USC 1492.

adding at the end thereof the following new subsection: “(e) The Administrator is authorized to make a grant-in-aid from any allocation made for such purpose by the President under section 9 of the Public Works Acceleration Act to any public entity described in clause (1) of subsection (a) of this section of not to exceed 50 per centum of the cost of construction of any project for public works or facilities, if such project would be eligible (without regard to the 76 Stat. 544restrictions and limitations of subsections (b) and (c) of this section) for financial assistance under clause (1) of subsection (a) of this section in accordance with the rules and regulations of the Administrator (as in effect on the date of enactment of this subsection) relating to the types of public works and facilities to which such assistance may be extended.”
Sec. 6.

69 Stat. 641; 73 Stat. 686.

40 USC 462.

Section 702 of the Housing Act of 1954 is amended by adding at the end thereof the following new subsection: “(g) Notwithstanding any other provision of this section, no advance made under this section for the planning of any public works project shall be required to be repaid if construction of such project is initiated as a result of a grant-in-aid made from an allocation made by the President under the Public Works Acceleration Act.”
Approved September 14, 1962, 9:40 a.m.
Public Law 87–659: To provide for the exchange of certain lands in Puerto Rico. Public Law 659 Public Law 87–659 76 Stat. 544 1962-09-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–659
AN ACT To provide for the exchange of certain lands in Puerto Rico.

September 14, 1962

[S. 3221]

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

Puerto Rico.

Land exchange.
That the Secretary of the Navy is hereby authorized to convey, from the lands comprising the United States Naval Station, San Juan, Puerto Rico, to the San Juan Darlington, Incorporated, all right, title, and interest of the United States in and to an irregularly shaped parcel of land containing .049 acre and which is contiguous to the lands of the said San Juan Darlington, Incorporated. Such conveyance shall be conditioned upon the conveyance to the United States by the said San Juan Darlington, Incorporated, of a parcel of like size, from which all improvements have been removed, which is contiguous to that portion of the lands comprising the United States Naval Station, San Juan, Puerto Rico, which adjoin the properties of the said San Juan Darlington, Incorporated.
Sec. 2. If necessary to facilitate the exchange of lands provided for in the first section of this Act, the Secretary may enter into such agreement with the government of the Commonwealth of Puerto Rico and prepare and execute instruments pursuant to such agreement as may be necessary to effectuate the relinquishment by such government of any interest it may have in the lands to be conveyed by the United States under such section in consideration of the United States conferring upon such government a similar interest in the lands to be conveyed to the United States under such section.
Sec. 3.

71 Stat. 469.

Public Law 187, Eighty-fifth Congress, is amended by— (1) striking out the word “and” at the end of paragraph (a) and inserting in lieu thereof the following: “excepting therefrom, however a .049 acre parcel of land to be conveyed by the United States to San Juan Darlington, Incorporated, in exchange for an adjacent parcel of land of like size,”; (2) striking out “; in consideration of” at the end of paragraph (b), and inserting in lieu thereof a comma and the word “and”; and (3) inserting after paragraph (b) a new paragraph as follows: “(c) The .049 acre parcel of land to be acquired from the San Juan Darlington, Incorporated, in exchange for the parcel of like size excepted from the description set out in paragraph (a) of this Act; in consideration of”.
Approved September 14, 1962.
Public Law 87–660: To provide for retrocession of legislative jurisdiction over United States Naval Supply Depot Clearfield, Ogden, Utah. Public Law 660 Public Law 87–660 76 Stat. 545 1962-09-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 545 Public Law 87–660
AN ACT To provide for retrocession of legislative jurisdiction over United States Naval Supply Depot Clearfield, Ogden, Utah.

September 14, 1962

[S. 2421]

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

Ogden, Utah.

Naval supply depot, jurisdiction.

any other provision of law, the Secretary of the Navy may, at such times as he may deem desirable, relinquish to the State of Utah all, or such portion as he may deem desirable for relinquishment, of the jurisdiction heretofore acquired by the United States over any lands within the United States Naval Supply Depot Clearfield, Ogden, Utah, reserving to the United States such concurrent or partial jurisdiction as he may deem necessary. Relinquishment of jurisdiction under the authority of this Act may be made by filing with the Governor of the State of Utah a notice of such relinquishment, which shall take effect upon acceptance thereof by the State of Utah in such manner as its laws may prescribe.
Approved September 14, 1962.
Public Law 87–661: To add certain lands to the Wasatch National Forest, Utah, and for other purposes. Public Law 661 Public Law 87–661 76 Stat. 545 1962-09-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–661
AN ACT To add certain lands to the Wasatch National Forest, Utah, and for other purposes.

September 14, 1962

[S. 1878]

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

Wasatch National Forest, Utah.

Land addition.

control of floods that may originate thereon and the reduction of soil erosion through the restoration of adequate vegetative cover and to promote their management and protection as national forest lands under principles of multiple use and sustained yield, the lands described in section 2 hereof are hereby included in the Wasatch National Forest. Subject to any valid claims now existing and hereafter maintained, any of such lands owned or hereafter acquired by the United States or any other land acquired pursuant to this Act are hereby added to such national forest and shall be subject to laws and regulations applicable to the national forests. The Secretary of Agriculture is authorized to acquire any lands described in section 2 hereof and other lands within the national forest situated in the townships within which the described lands are located not owned by the United States which he finds suitable to accomplish the purposes of this Act.
Sec. 2. This Act shall be applicable to the following described lands: salt lake meridian Township 2 north, range 1 east: Section 1, lots 1 to 4, inclusive, south half north half. Township 3 north, range 1 east: Sections 1 and 2; section 3, lots 1 and 2, south half northeast quarter; section 11, east half; sections 12 and 13; section 35, northwest quarter, south half northeast quarter, southeast quarter; section 36, south half northwest quarter, northeast quarter, south half. Township 4 north, range 1 east: Section 1, lots 3 and 4, south half northwest quarter, southwest quarter; sections 2 and 3; section 4, east half; section 9, east half; sections 10 to 15, inclusive; section 16, east half; section 21, east half; sections 22 to 27, inclusive; sections 34 to 36, inclusive.76 Stat. 546 Township 5 north, range 1 east: South half of sections 26 to 28, inclusive; section 29, southeast quarter; section 33, north half, southeast quarter; sections 34 and 35. Township 2 north, range 2 east: Sections 6 and 7; section 18, north half; southeast quarter. Township 3 north, range 2 east: Sections 18, 19, 30, and 31.
Sec. 3. There is hereby authorized to be appropriated not to exceed $400,000 to carry out the purposes of this Act.
Approved September 14, 1962.
Public Law 87–662: Authorizing the conveyance of certain property in the city of San Diego to the regents of the University of California. Public Law 662 Public Law 87–662 76 Stat. 546 1962-09-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–662
AN ACT Authorizing the conveyance of certain property in the city of San Diego to the regents of the University of California.

September 14, 1962

[S. 1108]

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

University of California.

Conveyance.
That the Secretary of the Navy, or his designee, is authorized and directed when he determines that the following described land at Camp Matthews, California, is available for conveyance to the regents of the University of California for educational and related purposes, to convey said land, together with all improvements and appurtenances, to the regents of the University of California by quitclaim deed without monetary consideration therefor but upon the conditions set forth in this Act.
Sec. 2. The property to be conveyed comprising approximately 544 acres of land is more particularly described as follows: The easterly half of pueblo lot 1300; all of pueblo lot 1309; all of pueblo lot 1310; all of that portion of pueblo lot 1311 lying easterly of Pacific Highway and southerly of Miramar Road; all that portion of pueblo lot 1314 lying southerly of Miramar Road; all that portion of pueblo lot 1315 lying southerly of Miramar Road; all that portion of the westerly half of pueblo lot 1316 lying southerly of Miramar Road; said pueblo lands being according to the map thereof made by James Pascoe of 1870, a certified copy of which is filed as miscellaneous map numbered 36 in the office of the county recorder of San Diego County, California; excepting therefrom any property previously conveyed to the State of California or the city of San Diego for highway purposes.
Sec. 3.

Conditions.

The deed of conveyance executed pursuant to this Act shall include the conditions that (a) such property shall be held by the regents of the University of California so long as the property conveyed shall be used for educational purposes: (b) if at any time the Secretary of the Navy determines, upon advice received from the Secretary of Health, Education, and Welfare, that the property so conveyed, is not held for such purposes, title thereto shall immediately revert to the United States; and (c) in the event of any such reversion, title to all improvements made thereon by the regents of the University of California during its occupancy shall vest in the United States without payment of compensation therefor. Such deed of conveyance shall be subject to such other conditions as the Secretary of the Navy may deem appropriate to protect the interests of the United States.
Sec. 4.

Exchange.

The regents of the University of California may exchange portions of the property described in section 2 for other adjacent lands of approximately equal value in order to develop such property boundaries as may be best suited for the purposes of the University of California.
76 Stat. 547
Sec. 5. Section 3 shall be applicable in all respects to any land received by the regents of the University of California, under the exchange provisions authorized in section 4, and any land conveyed by the regents of the University of California pursuant to such exchange shall be received by the grantee thereof free and clear of the conditions prescribed in the first sentence of section 3.
Approved September 14, 1962.
Public Law 87–663: To amend title 10, United States Code, to authorize the appointment of citizens or nationals of the United States from American Samoa, Guam, or the Virgin Islands to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy. Public Law 663 Public Law 87–663 76 Stat. 547 1962-09-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–663
AN ACT To amend title 10, United States Code, to authorize the appointment of citizens or nationals of the United States from American Samoa, Guam, or the Virgin Islands to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy.

September 14, 1962

[S. 3628]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That title 10, United

U. S. Military, Naval, and Air Force Academies.

Nationals, appointment.

70A Stat. 240.

States Code, is amended as follows: (1) Section 4342(a) is amended— (A) by striking out the word “and” at the end of clause (8); (B) by striking out the period at the end of clause (9) and inserting the word “; and” in place thereof; and (C) by adding the following new clause at the end thereof: “(10) one cadet from American Samoa, Guam, or the Virgin Islands nominated by the Secretary of the Army upon recommendations of their respective Governors.” (2) Section 4342(c) is amended— (A) by striking out the words “clauses (1)–(5)” and inserting the words “clauses (1)–(5) and (10)” in place thereof; and (B) by striking out the words “or Puerto Rico,” and inserting the words “, Puerto Rico, American Samoa, Guam, or the Virgin Islands,” in place thereof. (3) Section 6954(a) is amended by adding the following new clause at the end thereof: “(9) One from American Samoa, Guam, or the Virgin Islands nominated by the Secretary of the Navy upon recommendations of their respective Governors.” (4) Section 6958(b) is amended— (A) by striking out the words “clauses (3)–(7)” and inserting the words “clauses (3)–(7) and (9)” in place thereof; and (B) by striking out the words “or Puerto Rico,” and inserting the words “, Puerto Rico, American Samoa, Guam, or the Virgin Islands,” in place thereof. (5) Section 9342(a) is amended— (A) by striking out the word “and” at the end of clause (8); (B) by striking out the period at the end of clause (9) and inserting the word “; and” in place thereof; and (C) by adding the following new clause at the end thereof: “(10) one cadet from American Samoa, Guam, or the Virgin Islands nominated by the Secretary of the Air Force upon recommendations of their respective Governors.” (6) Section 9342(c) is amended— (A) by striking out the words “clauses (1)–(5)” and inserting the words “clauses (1)–(5) and (10)” in place thereof; and (B) by striking out the words “or Puerto Rico,” and inserting the words “, Puerto Rico, American Samoa, Guam, or the Virgin Islands,” in place thereof.
Approved September 14, 1962.
Public Law 87–664: To authorize the Attorney General to compel the production of documentary evidence required in civil investigations for the enforcement of the antitrust laws, and for other purposes. Public Law 664 Public Law 87–664 76 Stat. 548 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 548 Public Law 87–664
AN ACT To authorize the Attorney General to compel the production of documentary evidence required in civil investigations for the enforcement of the antitrust laws, and for other purposes.

September 19, 1962

[S. 167]

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

Antitrust Civil Process Act.
That this Act may be cited as the “Antitrust Civil Process Act”.
definitions Sec. 2. For the purposes of this Act— (a) The term “antitrust law” includes: (1) Each provision of law defined as one of the antitrust laws by section 1 of the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914 (38 Stat. 730, as amended; 15 U.S.C. 12), commonly known as the Clayton Act; (2) The Federal Trade Commission Act (15 U.S.C. 41 and

38 Stat. 717.

the following); and (3) Any statute hereafter enacted by the Congress which prohibits, or makes available to the United States in any court of the United States any civil remedy with respect to (A) any restraint upon or monopolization of interstate or foreign trade or commerce, or (B) any unfair trade practice in or affecting such commerce; (b) The term “antitrust order” means any final order, decree, or judgment of any court of the United States, duly entered in any case or proceeding arising under any antitrust law; (c) The term “antitrust investigation” means any inquiry conducted by any antitrust investigator for the purpose of ascertaining whether any person is or has been engaged in any antitrust violation; (d) The term “antitrust violation” means any act or omission in violation of any antitrust law or any antitrust order; (e) The term “antitrust investigator” means any attorney or investigator employed by the Department of Justice who is charged with the duty of enforcing or carrying into effect any antitrust law; (f) The term “person” means any corporation, association, partnership, or other legal entity not a natural person; (g) The term “documentary material” includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document; and (h) The term “custodian” means the antitrust document custodian or any deputy custodian designated under section 4(a) of this Act.
civil investigative demand Sec. 3. (a) Whenever the Attorney General, or the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice, has reason to believe that any person under investigation may be in possession, custody, or control of any documentary material relevant to a civil antitrust investigation, fie may, prior to the institution of a civil or criminal proceeding thereon, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person to produce such material for examination. 76 Stat. 549 (b) Each such demand shall— (1) state the nature of the conduct constituting the alleged antitrust violation which is under investigation and the provision of law applicable thereto; (2) describe the class or classes of documentary material to be produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; (3) prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction; and (4) identify the custodian to whom such material shall be made available. (c) No such demand shall— (1) contain any requirement which would be held to be unreasonable if contained in a subpena duces tecum issued by a court of the United States in aid of a grand jury investigation of such alleged antitrust violation; or (2) require the production of any documentary evidence which would be privileged from disclosure if demanded by a subpena duces tecum issued by a court of the United States in aid of a grand jury investigation of such alleged antitrust violation. (d) Any such demand may be served by any antitrust investigator, or by any United States marshal or deputy marshal, at any place within the territorial jurisdiction of any court of the United States. (e) Service of any such demand or of any petition filed under section 5 of this Act may be made upon a partnership, corporation, association, or other legal entity by— (1) delivering a duly executed copy thereof to any partner, executive officer, managing agent, or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity; (2) delivering a duly executed copy thereof to the principal office or place of business of the partnership, corporation, association, or entity to be served; or (3) depositing such copy in the United States mails, by registered or certified mail duly addressed to such partnership, corporation, association, or entity at its principal office or place of business. (f) A verified return by the individual serving any such demand or petition setting forth the manner of such service shall be proof of such service, in the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand.
antitrust document custodian Sec. 4. (a) The Assistant Attorney General in charge of the Anti-trust Division of the Department of Justice shall designate an anti-trust investigator to serve as antitrust document custodian, and such additional antitrust investigators as he shall determine from time to time to be necessary to serve as deputies to such officer. (b) Any person upon whom any demand issued under section 3 has been duly served shall make such material available for inspection and copying or reproduction to the custodian designated therein at the principal place of business of such person (or at such other place as such custodian and such person thereafter may agree and prescribe in writing or as the court may direct, pursuant to section 5(a) of this Act) on the return date specified in such demand (or on such later 76 Stat. 550date as such custodian may prescribe in writing). Such person may upon written agreement between such person and the custodian substitute for copies of all or any part of such material originals thereof. (c) The custodian to whom any documentary material is so delivered shall take physical possession thereof, and shall be responsible for the use made thereof and for the return thereof pursuant to this Act. The custodian may cause the preparation of such copies of such documentary material as may be required for official use under regulations which shall be promulgated by the Attorney General. While in the possession of the custodian, no material so produced shall be available for examination, without the consent of the person who produced such material, by any individual other than a duly authorized officer, member, or employee of the Department of Justice. Under such reasonable terms and conditions as the Attorney General shall prescribe, documentary material while in the possession of the custodian shall be available for examination by the person who produced such material or any duly authorized representative of such person. (d) Whenever any attorney has been designated to appear on behalf of the United States before any court or grand jury in any case or proceeding involving any alleged antitrust violation, the custodian may deliver to such attorney such documentary material in the possession of the custodian as such attorney determines to be required for use in the presentation of such case or proceeding on behalf of the United States. Upon the conclusion of any such case or proceeding, such attorney shall return to the custodian any documentary material so withdrawn which has not passed into the control of such court or grand jury through the introduction thereof into the record of such case or proceeding. (e) Upon the completion of (1) the antitrust investigation for which any documentary material was produced under this Act, and (2) any case or proceeding arising from such investigation, the custodian shall return to the person who produced such material all such material (other than copies thereof made by the Department of Justice pursuant to subsection (c)) which has not passed into the control of any court or grand jury through the introduction thereof into the record of such case or proceeding. (f) When any documentary material has been produced by any person under this Act for use in any antitrust investigation, and no such case or proceeding arising therefrom has been instituted within a reasonable time after completion of the examination and analysis of all evidence assembled in the course of such investigation, such person shall be entitled, upon written demand made upon the Attorney General or upon the Assistant Attorney General in charge of the Antitrust Division, to the return of all documentary material (other than copies thereof made by the Department of Justice pursuant to subsection (c)) so produced by such person. (g) In the event of the death, disability, or separation from service in the Department of Justice of the custodian of any documentary material produced under any demand issued under this Act, or the official relief of such custodian from responsibility for the custody and control of such material, the Assistant Attorney General in charge of the Antitrust Division shall promptly (1) designate another anti-trust investigator to serve as custodian thereof, and (2) transmit notice in writing to the person who produced such material as to the identity and address of the successor so designated. Any successor so designated shall have with regard to such materials all duties and responsibilities imposed by this Act upon his predecessor in office with regard thereto, except that he shall not be held responsible for any default or dereliction which occurred before his designation as custodian.
76 Stat. 551
judicial proceedings Sec. 5. (a) Whenever any person fails to comply with any civil investigative demand duly served upon him under section 3 or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the Attorney General, through such officers or attorneys as he may designate, may file, in the district court of the United States for any Judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this Act, except that, if such person transacts business in more than one such district such petition shall be filed in the district in which such person maintains his principal place of business, or in such other district in which such person transacts business as may be agreed upon by the parties to such petition. (b) Within twenty days after the service of any such demand upon any person, or at any time before the return date specified in the demand, whichever period is shorter, such person may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, and serve upon such custodian a petition for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this Act, or upon any constitutional or other legal right or privilege of such .person. (c) At any time during which any custodian is in custody or control of any documentary material delivered by any person in compliance with any such demand, such person may file, in the district court of the United States for the judicial district within which the office of such custodian is situated, and serve upon such custodian a petition for an order of such court requiring the performance by such custodian of any duty imposed upon him by this Act. (d) Whenever any petition is filed in any district court of the United States under this section, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry into effect the provisions of this Act. Any final order so entered shall be subject to appeal pursuant to section 1291 of title 28 of the United States Code. Any disobedience

65 Stat. 726.

of any final order entered under this section by any court shall be punished as a contempt thereof. (e) To the extent that such rules may have application and are not inconsistent with the provisions of this Act, the Federal Rules of Civil Procedure shall apply to any petition under this Act.

28 USC app.
criminal penalty Sec. 6. (a) Section 1505, title 18, United States Code, is amended

62 Stat. 770.

to read as follows:
Ҥ 1505. Obstruction of proceedings before departments, agencies, and committees

“Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any witness in any proceeding pending before any department or agency of the United States, or in connection with any inquiry or investigation being had by either House, or any committee of either House, or any joint committee of the Congress; or

76 Stat. 552

“Whoever injures any party or witness in his person or property on account of his attending or having attended such proceeding, inquiry, or investigation, or on account of his testifying or having testified to any matter pending therein; or

“Whoever, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part with any civil investigative demand duly and properly made under the Antitrust Civil Process Act willfully removes from any place, conceals, destroys, mutilates, alters, or by other means falsifies any documentary material which is the subject of such demand; or

“Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which such proceeding is being had before such department or agency of the United States, or the due and proper exercise of the power of inquiry under which such inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—

“Shall be fined not more than $5,000 or imprisoned not more than five years, or both.”
(b)

18 USC 1501–1509.

The analysis of chapter 73 of title 18 of United States Code is amended so that the title of section 1505 shall read therein as follows: “1505.
saving provision Sec. 7. Nothing contained in this Act shall impair the authority of the Attorney General, the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice, or any antitrust investigator to (a) lay before any grand jury impaneled before any district court of the United States any evidence concerning any alleged antitrust violation, (b) invoke the power of any such court to compel the production of any evidence before any such grand jury, or (c) institute any proceeding for the enforcement of any order or process issued in execution of such power, or to punish disobedience of any such order or process by any person, including a natural person.
Approved September 19, 1962.
Public Law 87–665: To amend title 18, United States Code, section 4163, relating to discharge of prisoners. Public Law 665 Public Law 87–665 76 Stat. 552 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–665
AN ACT To amend title 18, United States Code, section 4163, relating to discharge of prisoners.

September 19, 1962

[H. R. 10493]

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

Crimes and offenses.

Federal prisoners, discharge date.

62 Stat. 853.
That section 4163 of title 18, United States Code, is amended to read as follows: “Except as hereinafter provided a prisoner shall be released at the expiration of his term of sentence less the time deducted for good conduct. A certificate of such deduction shall be entered on the commitment by the warden or keeper. If such release date falls upon a Saturday, a Sunday, or on a Monday which is a legal holiday at the place of confinement, the prisoner may be released at the discretion of the warden or keeper on the preceding Friday. If such release date falls on a holiday which falls other than on a Saturday, Sunday, or Monday, the prisoner may be released at the discretion of the warden or keeper on the day preceding the holiday.”
Approved September 19, 1962.
Public Law 87–666: To improve due process in the consideration and final adjudication of disputed claims for veterans’ benefits by providing that the claimant shall be furnished a brief statement of the facts and law applicable to the case appealed and afforded an opportunity to reply thereto. Public Law 666 Public Law 87–666 76 Stat. 553 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 553 Public Law 87–666
AN ACT To improve due process in the consideration and final adjudication of disputed claims for veterans’ benefits by providing that the claimant shall be furnished a brief statement of the facts and law applicable to the case appealed and afforded an opportunity to reply thereto.

September 19, 1962

[H. R. 857]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That chapter 71 of

Veterans.

Appeals, statement of facts and law.

72 Stat. 1240.

title 38, United States Code, is amended by deleting sections 4005 and 4007 thereof, redesignating section 4006 as 4007, and inserting after section 4004 the following new sections:
“§ 4005. Filing of notice of disagreement and appeal “(a) Appellate review will be initiated by a notice of disagreement and completed by a substantive appeal after a statement of the case is furnished as prescribed in this section. Each appellant will be accorded hearing and representation rights pursuant to the provisions of this chapter and regulations of the Administrator. “(b) (1) Except in the case of simultaneously contested claims, notice of disagreement shall be filed within one year from the date of mailing of notice of the result of initial review or determination. Such notice, and appeals, must be in writing and be filed with the activity which entered the determination with which disagreement is expressed (hereafter referred to as the ‘agency of original jurisdiction’). A notice of disagreement postmarked before the expiration of the one-year period will be accepted as timely filed. “(2) Notices of disagreement, and appeals, must be in writing and may be filed by the claimant, his legal guardian, or such accredited representative, attorney, or authorized agent as may be selected by him. Not more than one recognized organization, attorney, or agent will be recognized at any one time in the prosecution of a claim. “(c) If no notice of disagreement is filed in accordance with this chapter within the prescribed period, the action or determination shall become final and the claim will not thereafter be reopened or allowed, except as may otherwise be provided by regulations not inconsistent with this title. “(d) (1) Where the claimant, or his representative, within the time specified in this chapter, files a notice of disagreement with the decision of the agency of original jurisdiction, such agency will take such development or review action as it deems proper under the provisions of regulations not inconsistent with this title. If such action does not resolve the disagreement either by granting the benefit sought or through withdrawal of the notice of disagreement, such agency will prepare a statement of the case consisting of— “(A) A summary of the evidence in the case pertinent to the issue or issues with which disagreement has been expressed; “(B) A citation or discussion of the pertinent law, regulations, and, where applicable, the provisions of the Schedule for Rating Disabilities; “(C) The decision on such issue or issues and a summary of the reasons therefor. “(2) A statement of the case, as required by this subsection, will not disclose matters that would be contrary to section 3301 of this title or otherwise contrary to the public interest. Such matters may be disclosed to a designated representative unless the relationship between the claimant and the representative is such that disclosure to the representative would be as harmful as if made to the claimant. “(3) Copies of the ‘statement of the case’ prescribed in paragraph (1) of this subsection will be submitted to the claimant and to his 76 Stat. 554representative, if there is one. The claimant will be afforded a period of sixty days from the date the statement of the case is mailed to file the formal appeal. This may be extended for a reasonable period on request for good cause shown. The appeal should set out specific allegations of error of fact or law, such allegations related to specific items in the statement of the case. The benefits sought on appeal must be clearly identified. The agency of original jurisdiction may close the case for failure to respond after receipt of the statement of the case, but questions as to timeliness or adequacy of response shall be determined by the Board of Veterans’ Appeals. “(4) The appellant will be presumed to be in agreement with any statement of fact contained in the statement of the case to which no exception is taken. “(5) The Board of Veterans’ Appeals will base its decision on the entire record and may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.
“§ 4005A. Simultaneously contested claims “(a) In simultaneously contested claims where one is allowed and one rejected, the time allowed for the filing of a notice of disagreement shall be sixty days from the date notice of the adverse action is mailed. In such cases the agency of original jurisdiction shall promptly notify all parties in interest at the last known address of the action taken, expressly .inviting attention to the fact that notice of disagreement will not be entertained unless filed within the sixty-day period prescribed by this subsection. “(b) Upon the filing of a notice of disagreement, all parties in interest will be furnished with a statement of the case in the same manner as is prescribed in section 4005. The party in interest who filed a notice of disagreement will be allowed thirty days from the date of mailing of such statement of the case in which to file a formal appeal. Extension of time may be granted for good cause shown but with consideration to the interests of the other parties involved. The substance of the appeal will be communicated to the other party or parties in interest and a period of thirty days will be allowed for filing a brief or argument in answer thereto. Such notice shall be forwarded to the last known address of record of the parties concerned, and such action shall constitute sufficient evidence of notice.
“§ 4006. Administrative appeals “Application for review on appeal may be made within the one-year period prescribed in section 4005 of this title by such officials of the Veterans’ Administration as may be designated by the Administrator. An application entered under this paragraph shall not operate to deprive the claimant of the right of review on appeal as provided in this chapter.”
Sec. 2. The table of headings at the beginning of chapter 71 is amended by striking; “4005. “4006. “4007.

and inserting in lieu thereof:

“4005. “4005A. “4006. “4007.
Sec. 3.

Effective date.

The amendments made by this Act shall be effective January 1, 1963.
Approved September 19, 1962.
Public Law 87–667: To amend section 491 of title 18, United States Code, prohibiting certain acts involving the use of tokens, slugs, disks, devices, papers, or other things which are similar in size and shape to the lawful coins or other currency of the United States. Public Law 667 Public Law 87–667 76 Stat. 555 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 555 Public Law 87–667
JOINT RESOLUTION To amend section 491 of title 18, United States Code, prohibiting certain acts involving the use of tokens, slugs, disks, devices, papers, or other things which are similar in size and shape to the lawful coins or other currency of the United States.

September 19, 1962

[H. R. 8038]

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

Crimes and offenses.

Slugs, disks, etc., penalty.

62 Stat. 709.

of section 491 of title 18, United States Code, which precedes subsection (c) thereof is amended to read as follows:
“§ 491. Tokens or paper used as money “(a) Whoever, being 18 years of age or over, not lawfully authorized, makes, issues, or passes any coin, card, token, or device in metal, or its compounds, intended to be used as money, or whoever, being 18 years of age or over, with intent to defraud, makes, utters, inserts, or uses any card, token, slug, disk, device, paper, or other thing similar in size and shape to any of the lawful coins or other currency of the United States or any coin or other currency not legal tender in the United States, to procure anything of value, or the use or enjoyment of any property or service from any automatic merchandise vending machine, postage-stamp machine, turnstile, fare box, coinbox telephone, parking meter or other lawful receptacle, depository, or contrivance designed to receive or to be operated by lawful coins or other currency of the United States, shall be fined not more than $1,000, or imprisoned not more than one year, or both. “(b)

Whoever manufactures, sells, offers, or advertises for sale, or exposes or keeps with intent to furnish or sell any token, slug, disk, device, paper, or other thing similar in size and shape to any of the lawful coins or other currency of the United States, or any token, disk, paper, or other device issued or authorized in connection with rationing or food and fiber distribution by any agency of the United States, with knowledge or reason to believe that such tokens, slugs, disks, devices, papers, or other things are intended to be used unlawfully or fraudulently to procure anything of value, or the use or enjoyment of any property or service from any automatic merchandise vending machine, postage-stamp machine, turnstile, fare box, coin-box telephone, parking meter, or other lawful receptacle, depository, or contrivance designed to receive or to be operated by lawful coins or other currency of the United States shall be fined not more than $1,000 or imprisoned not more than one year, or both.

“Nothing contained in this section shall create immunity from criminal prosecution under the laws of any State, Commonwealth of Puerto Rico, territory, possession, or the District of Columbia.”

Approved September 19, 1962.
Public Law 87–668: Extending the duration of copyright protection in certain cases. Public Law 668 Public Law 87–668 76 Stat. 555 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–668
JOINT RESOLUTION Extending the duration of copyright protection in certain cases.

September 19, 1962

[H. J. Res. 627]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That in any case in which

Copyright term.

Extension.

the renewal term of copyright subsisting in any work on the date of approval of this resolution would expire prior to December 31, 1965, such term is hereby continued until December 31, 1965.
Approved September 19, 1962.
Public Law 87–669: To amend section 2103 of title 28, United States Code, relating to appeals improvidently taken. Public Law 669 Public Law 87–669 76 Stat. 556 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 556 Public Law 87–669
AN ACT To amend section 2103 of title 28, United States Code, relating to appeals improvidently taken.

September 19, 1962

[H. R. 75]

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

Supreme Court.

Appeals.

62 Stat. 962.
That section 2103 of title 28, United States Code, is amended to read as follows:
“§ 2103. Appeal from State court or from a United States court of appeals improvidently taken regarded as petition for writ of certiorari “If an appeal to the Supreme Court is improvidently taken from the decision of the highest court of a State, or of a United States court of appeals, in a case where the proper mode of a review is by petition for certiorari, this alone shall not be ground for dismissal; out the papers whereon the appeal was taken shall be regarded and acted on as a petition for writ of certiorari and as if duly presented to the Supreme Court at the time the appeal was taken. Where in such a case there appears to be no reasonable ground for granting a petition for writ of certiorari it shall be competent for the Supreme Court to adjudge to the respondent reasonable damages for his delay, and single or double costs.”
Sec. 2. Item 2103 of the chapter analysis of chapter 133 title 28, United States Code, is amended to read as follows: “2103.
Approved September 19, 1962.
Public Law 87–670: To validate payments of certain special station per diem allowances and certain basic allowances for quarters made in good faith to commissioned officers of the Public Health Service. Public Law 670 Public Law 87–670 76 Stat. 556 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–670
AN ACT To validate payments of certain special station per diem allowances and certain basic allowances for quarters made in good faith to commissioned officers of the Public Health Service.

September 19, 1962

[H. R. 10195]

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

Public Health Service.

Payment of certain allowances, validation.
That the following payments are validated: (1) payments of special station per diem allowances for quarters made before January 1, 1959, to commissioned officers of the Public Health Service having Alaska as their permanent duty station at the time of payment, which payments were not valid because the officers occupied Government rental quarters at less than their basic allowance for quarters, and (2) payments of basic allowances for quarters made before February 1, 1959, to commissioned officers of the Public Health Service occupying Government rental quarters at Indian health facilities, which payments were not valid because such quarters were adequate public quarters. Any commissioned officer or former commissioned officer who has made repayment to the United States of any amount so paid him as a station per diem allowance for quarters or a basic allowance for quarters may, upon his application within one year after the date of enactment of this Act, nave refunded to him the amount so repaid. Any appropriation that was available for the payment of salaries of commissioned officers of the Public Health Service at any time during the years 1955 through 1959 is available for the payments of the refunds authorized by this Act.
Approved September 19, 1962.
Public Law 87–671: To establish a procedure for the use of independent medical experts by the Board of Veterans’ Appeals. Public Law 671 Public Law 87–671 76 Stat. 557 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 557 Public Law 87–671
AN ACT To establish a procedure for the use of independent medical experts by the Board of Veterans’ Appeals.

September 19, 1962

[H. R. 852]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That chapter 71 of

Veterans.

Appeals, use of independent medical experts.

72 Stat. 1240.

title 38, United States Code, is amended by adding at the end thereof:
“§ 4009. Independent medical opinions “(a) When, in the judgment of the Board, expert medical opinion, in addition to that available within the Veterans’ Administration, is warranted by the medical complexity or controversy involved in an appeal case, the Board is authorized to secure an advisory medical opinion from one or more independent medical experts who are not employees of the Veterans’ Administration. “(b) The Administrator shall make necessary arrangements with recognized medical schools, universities, or clinics to furnish such advisory medical opinions at the request of the Chairman of the Board. Such arrangement will provide that the actual selection of the expert or experts to give the advisory opinion in any individual case will be made by an appropriate official of such institution.”
Sec. 2. Section 3301 of title 38, United States Code, is amended by adding at the end of paragraph (1) thereof the following new sentence: “And to an independent medical expert or experts for an advisory opinion pursuant to section 4009 of this title.”
Sec. 3. The table of sections at the end of chapter 71 of title 38, United States Code, is amended by adding at the end thereof: “4009.
Sec. 4. The amendments made by this Act shall be effective January

Effective date.

1, 1963.
Approved September 19, 1962.
Public Law 87–672: To amend section 4281, title 18, of the United States Code to increase from $30 to $100 the amount of gratuity which may be furnished by the Attorney General to prisoners discharged from imprisonment or released on parole. Public Law 672 Public Law 87–672 76 Stat. 557 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–672
AN ACT To amend section 4281, title 18, of the United States Code to increase from $30 to $100 the amount of gratuity which may be furnished by the Attorney General to prisoners discharged from imprisonment or released on parole.

September 19, 1962

[H. R. 11017]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 4281, title 18, United States Code, is hereby amended by striking out the

62 Stat. 856.

figure “30” and inserting in lieu thereof the figure “100”.
Approved September 19, 1962.
Public Law 87–673: To amend the Act of January 30, 1913, to provide that the American Hospital of Paris shall have perpetual succession. Public Law 673 Public Law 87–673 76 Stat. 557 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–673
AN ACT To amend the Act of January 30, 1913, to provide that the American Hospital of Paris shall have perpetual succession.

September 19, 1962

[H. R. 11996]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 9 of the

American Hospital of Paris.

Charter extension.

Act entitled “An Act to incorporate the American Hospital of Paris” approved January 30, 1913 (37 Stat. 655), is amended by striking out “for the term of fifty years” and inserting in lieu thereof “in perpetuity”.
Approved September 19, 1962.
Public Law 87–674: To amend title 38, United States Code, to provide for the restoration of certain widows and children to the rolls upon annulment of their marriages or remarriages, and for other purposes. Public Law 674 Public Law 87–674 76 Stat. 558 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 558 Public Law 87–674
AN ACT To amend title 38, United States Code, to provide for the restoration of certain widows and children to the rolls upon annulment of their marriages or remarriages, and for other purposes.

September 19, 1962

[H. R. 5234]

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

Veterans.

Widows and children, restoration to rolls.

72 Stat. 1106.
That paragraph (3) of section 101 of title 38, United States Code, is amended by striking out “and who has not remarried (unless the purported remarriage is void)” and inserting in lieu thereof the following: “and who has not remarried or (in cases not involving remarriage) has not since the death of the veteran, and after enactment of the 1962 amendment to this paragraph, lived with another man and held herself out openly to the public to be the wife of such other man”.
Sec. 2. Section 103 of title 38, United States Code, is amended by adding at the end thereof the following: “(d) The remarriage of the widow of a veteran shall not bar the furnishing of benefits to her as the widow of the veteran if the remarriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Veterans’ Administration determines that the annulment was secured through fraud by either party or collusion. “(e) The marriage of a child of a veteran shall not bar recognition of such child as the child of the veteran for benefit purposes if the marriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Veterans’ Administration determines that the annulment was secured through fraud by either party or collusion.”
Sec. 3.

Post, p. 948.

Section 3010 of title 38, United States Code, is amended by adding at the end thereof the following: “(f) The effective date of the award of benefits to a widow or of an award or increase of benefits based on recognition of a child, upon annulment of a marriage shall be the date the judicial decree of annulment becomes final if a claim therefor is filed within one year from the date the judicial decree of annulment becomes final; in all other cases the effective date shall be the date the claim is filed.”
Approved September 19, 1962.
Public Law 87–675: To repeal certain obsolete provisions of title 38, United States Code, relating to unemployment compensation for Korean conflict veterans. Public Law 675 Public Law 87–675 76 Stat. 558 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–675
AN ACT To repeal certain obsolete provisions of title 38, United States Code, relating to unemployment compensation for Korean conflict veterans.

September 19, 1962

[H. R. 860]

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

Korean veterans.

Unemployment compensation.

72 Stat. 1216.
That (a) chapter 41 of title 38, United States Code, is amended by striking out sections 2001 through 2009, and by redesignating sections 2010, 2011, 2012, 2013, and 2014 as sections 2001, 2002, 2003, 2004, and 2005, respectively. (b) The analysis of such chapter 41 is amended to read as follows: “Sec. “2001. “2002. “2003. “2004. “2005. 76 Stat. 559 (c) The section herein redesignated as section 2005 is further amended by striking out “subchapter” and inserting in lieu thereof “chapter”. (d) Such chapter 41 is further amended by striking out the headings of subchapters I and II. (e) Claims for benefits under sections 2001 through 2009 of chapter

Savings provisions.

41 of title 38, United States Code., for any benefit week beginning before January 31, 1900, which claims are pending on the date these sections are repealed, shall be adjudicated in the same manner and with the same effect as if the sections had not been repealed. For the purpose of administering the program with respect to such claims, all functions, powers, and duties conferred upon the Secretary of Labor by sections 2001 through 2009 are continued in effect, and all rules and regulations established by the Secretary of Labor pursuant to these sections, and in effect when the sections are repealed, shall remain in full force and effect until modified or suspended.
Approved September 19, 1962.
Public Law 87–676: To amend the Federal Home Loan Bank Act to give Puerto Rico the same treatment as a State in the election of Federal Home Loan Bank Directors. Public Law 676 Public Law 87–676 76 Stat. 559 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–676
AN ACT To amend the Federal Home Loan Bank Act to give Puerto Rico the same treatment as a State in the election of Federal Home Loan Bank Directors.

September 19, 1962

[H. R. 10383]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (e)

Puerto Rico.

Federal Home Loan Bank Act, amendment.

75 Stat. 487.

12 USC 1427.

“States” or “State.”

of section 7 of the Federal Home Loan Bank Act, as amended, is hereby amended by striking out the last sentence of said subsection and inserting in lieu thereof the following: “The term ‘States’ or ‘State’ as used in this section shall mean the States of the Union, the District of Columbia, and the Commonwealth of Puerto Rico. The Board, by regulation or otherwise, may add an additional elective directorship to the board of directors of the bank of any district in which the Commonwealth of Puerto Rico is included at the time such directorship is added and which does not then include five or more States, may fix the commencement and the duration, which shall not exceed two years, of the initial term of any directorship so added, and may fill any such initial term by appointment: Provided, That (1) any directorship added pursuant to the foregoing provisions of this sentence shall be designated by the Board, pursuant to subsection (b) of this section, as representing the members located in the Commonwealth of Puerto Rico, (2) such designation of such directorship shall not be changed, and (3) such directorship shall automatically cease to exist if and when the Commonwealth of Puerto Rico ceases to be included in such district.”
Approved September 19, 1962.
Public Law 87–677: To amend the Bankruptcy Act in respect to the salaries of retired referees. Public Law 677 Public Law 87–677 76 Stat. 559 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–677
AN ACT To amend the Bankruptcy Act in respect to the salaries of retired referees.

September 19, 1962

[H. R. 12157]

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

Courts.

Retired referees, salaries.

60 Stat. 328.

of section 40 of the Bankruptcy Act (11 U.S.C. 68(d)) is amended to read as follows: “d. (1) All referees in bankruptcy and employees in the offices of such referees shall be deemed to be officers and employees in the judi-76 Stat. 560cial branch of the United States Government within the meaning of the Civil Service Retirement Act. “(2) Any referee who has retired or been retired under the provisions of paragraph (1) of this subdivision may, if called upon by a judge of a court of bankruptcy, perform such duties of a referee, conciliation commissioner, or special master under this Act, within the jurisdiction of the court, as he may be able and willing to undertake. The retired referee shall receive as compensation for his services, either full or part time, the salary authorized for the referee serving the territory to which the retired referee is assigned. However, the rate of compensation of a retired referee assigned to serve on a full-time basis in the territory of a part-time referee shall be the minimum rate established by the Judicial Conference of the United States for full-time service. Salaries authorized under this paragraph shall be subject to the provisions of section 13(b) of the Civil Service

70 Stat. 757.

5 USC 2263.

Retirement Act.”
Approved September 19, 1962.
Public Law 87–678: Granting consent of Congress to the State of Delaware and the State of New Jersey to enter into a compact to establish the Delaware River and Bay Authority for the development of the area in both States bordering the Delaware River and Bay. Public Law 678 Public Law 87–678 76 Stat. 560 1962-09-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–678
JOINT RESOLUTION Granting consent of Congress to the State of Delaware and the State of New Jersey to enter into a compact to establish the Delaware River and Bay Authority for the development of the area in both States bordering the Delaware River and Bay.

September 20, 1962

[H. J. Res. 783]

 Whereas, the State of Delaware and the State of New Jersey, pursuant

Delaware-New Jersey Compact.

to legislative authority adopted by each State, being 53 Laws of Delaware, chapter 145, and P.L. 1961, chapter 66 of the Laws of New Jersey, have provided, subject to the consent of Congress, for a compact, known as the Delaware-New Jersey Compact, establishing “The Delaware River and Bay Authority” for the development of the area in both States bordering the said Delaware River and Bay; and Whereas, said compact reads as follows: DELAWARE-NEW JERSEY COMPACT Whereas, The State of Delaware and New Jersey are separated by the Delaware River and Bay which create a natural obstacle to the uninterrupted passage of traffic other than by water and with normal commercial activity Between the two States thereby hindering the economic growth and development of those areas in both States which border the River and Bay; and Whereas, the pressures of existing trends from increasing traffic, growing population and greater industrialization indicate the need for closer cooperation between the two States in order to advance the economic development and to improve crossings, transportation, terminal and other facilities of the area; and Whereas, the financing, construction, operation and maintenance of such crossings, transportation, terminal and other facilities of commerce and the over-all planning for future economic development of the area may be best accomplished for the benefit of the two States and their citizens, the region and nation, by the cordial cooperation of Delaware and New Jersey by and through a joint or common agency or authority; 76 Stat. 561 Now, therefore, the State of Delaware and the State of New Jersey, do hereby solemnly covenant and agree, each with the other as follows:
Article I. short title. This Compact shall be known as the “Delaware-New Jersey Compact.”
Article II. definitions.

“Crossing” means any structure or facility adapted for public use in crossing the Delaware River or Bay between the States, whether by bridge, tunnel, ferry or other device, and by any vehicle or means of transportation of persons or property, as well as all approaches thereto and connecting and service routes and all appurtenances and equipment relating thereto.

“Transportation facility” and “terminal facility” mean any structure or facility other than a crossing as herein defined, adapted for public use within each of the States party hereto in connection with the transportation of persons or property, including railroads, motor vehicles, watercraft, airports and aircraft, docks, wharves, piers, slips, basins, storage places, sheds, warehouses, and every means or vehicle of transportation now or hereafter in use for the transportation of persons and property or the storage, handling or loading of property, as well as all appurtenances and equipment related thereto.

“Appurtenances” and “equipment” mean all works, buildings, structures, devices, appliances and supplies, as well as every kind of mechanism, arrangement, object or substance related to and necessary or convenient for the proper construction, equipment, maintenance, improvement and operation of any crossing, transportation facility or terminal facility.

“Project” means any undertaking or program for the acquisition or creation of any crossing, transportation facility or terminal facility, or any part thereof, as well as for the operation, maintenance and improvement thereof.

“Tunnel” means a tunnel of one or more tubes.

“Governor” means any person authorized by the Constitution and law of each State to exercise the functions, powers and duties of that office.

“Authority” means the Authority created by this Compact or any agency successor thereto.

The singular whenever used herein shall include the plural, and the plural shall include the singular.
Article III. faithful cooperation. They agree to and pledge, each to the other, faithful cooperation in the effectuation of this Compact and any future amendment or supplement thereto, and of any legislation expressly in implementation thereof hereafter enacted, and in the planning, development, financing, construction, operation, maintenance and improvement of all projects entrusted to the Authority created by this Compact.
76 Stat. 562
Article IV. establishment of agency; purposes. The two States agree that there shall be created and they do hereby create a body politic, to be known as “The Delaware River and Bay Authority” (for brevity hereinafter referred to as the “Authority”), which shall constitute an agency of government of the State of Delaware and the State of New Jersey for the following general public purposes, and which shall be deemed to be exercising essential governmental functions in effectuating such purposes, to wit: (a) The planning, financing, development, construction, purchase, lease, maintenance, improvement and operation of crossings between the States of Delaware and New Jersey across the Delaware River or Bay at any location south of the boundary line between the State of Delaware and the Commonwealth of Pennsylvania as extended across the Delaware River to the New Jersey shore of said river, together with such approaches or connections thereto as in the judgment of the Authority are required to make adequate and efficient connections between such crossings and any public highway or other routes in the State of Delaware or in the State of New Jersey; and (b) The planning, financing, development, construction, purchase, lease, maintenance, improvement and operation of any transportation or terminal facility within those areas of both States which border on or are adjacent to the Delaware River or Bay south of the aforesaid line and which in the judgment of the States is required for the sound economic development of the area; and (c)

The performance of such other functions as may be hereafter entrusted to the Authority by concurrent legislation expressly in implementation hereof.

The Authority shall not undertake any project or part thereof, other than a crossing, without having first secured approval thereof by concurrent legislation of the two States expressly in implementation hereof.

Article V. commissioners.

The Authority shall consist of ten Commissioners, five of whom shall be residents of and qualified to vote in, and shall be appointed from, the State of Delaware, and five of whom shall be residents of and qualified to vote in, and shall be appointed from, the State of New Jersey; not more than three of the Commissioners of each State shall be of the same political party; the Commissioners for each State shall be appointed in the manner fixed and determined from time to time by the law of each State respectively. Each Commissioner shall hold office for a term of five years, and until his successor shall have been appointed and qualified, but the terms of the first Commissioners shall be so designated that the term of one Commissioner from each State shall expire each year. All terms shall run to the first day of July. Any vacancy, however created, shall be filled for the unexpired term only. Any Commissioner may be suspended or removed from office as provided by law of the State from which he shall be appointed.

Commissioners shall be entitled to reimbursement for necessary expenses to be paid only from revenues of the Authority and may not receive any other compensation for services to the Authority except such as may from time to time be authorized from such revenues by concurrent legislation.

76 Stat. 563
Article VI. board action. The Commissioners shall have charge of the Authority’s property and affairs and shall, for the purpose of doing business, constitute a Board; but no action of the Commissioners shall be binding or effective unless taken at a meeting at which at least three Commissioners from each State are present, and unless at least three Commissioners from each State shall vote in favor thereof. The vote of any one or more of the Commissioners from each State shall be subject to cancellation by the Governor of such State at any time within 10 days (Saturdays, Sundays, and public holidays in the particular State excepted) after receipt at the Governor’s Office of a certified copy of the minutes of the meeting at which such vote was taken. Each State may provide by law for the manner of delivery of such minutes, and for notification of the action thereon.
Article VII. general powers. For the effectuation of its authorized purposes, the Authority is hereby granted the following powers: a. To have perpetual succession. b. To adopt and use an official seal. c. To elect a chairman and a vice-chairman from among the Commissioners. The chairman and vice-chairman shall be elected from different. States, and shall each hold office for two years. The chairmanship and vice-chairmanship shall be alternated between the two States. d. To adopt by-laws to govern the conduct of its affairs by the Board of Commissioners, and it may adopt rules and regulations and may make appropriate orders to carry out and discharge its powers, duties and functions, but no by-law, or rule, regulation or order shall take effect until it has been filed with the Secretary of State of each State or in such other manner in each State as may be provided by the law thereof. In the establishment of rules, regulations and orders respecting the use of any crossing, transportation or terminal facility owned or operated by the Authority, including approach roads, it shall consult with appropriate officials of both States in order to insure, as far as possible, uniformity of such rules, regulations and orders with the law of both States. e. To appoint, or employ, such other officers, agents, attorneys, engineers and employees as it may require for the performance of its duties and to fix and determine their qualifications, duties, compensation, pensions, terms of office and all other conditions and terms of employment and retention. f. To enter into contracts and agreements with either State or with the United States, or with any public body, department, or other agency of either State or of the United States or with any individual, firm or corporation, deemed necessary or advisable for the exercise of its purposes and powers. g. To accept from any government or governmental department, agency or other public or private body, or from any other source, grants or contributions or money or property as well as loans, advances, guarantees, or other forms of financial assistance which it may use for or in aid of any of its purposes. h. To acquire (by gift, purchase or condemnation), own, hire, lease, use, operate and dispose of property, whether real, personal 76 Stat. 564or mixed, or of any interest therein, including any rights, franchise and property for any crossing, facility or other project owned by another, and which the Authority is authorized to own and operate. i. To designate as express highways, and control public and private access thereto, all or any approaches to any crossing or other facility of the Authority for the purpose of connecting the same with any highway or other route in either State. j. To borrow money and to evidence such loans by bonds, notes or other obligations, either secured or unsecured, and either in registered or unregistered form, and to fund or refund such evidences of indebtedness, which may be executed with facsimile signatures of such persons as may be designated by the Authority and by a facsimile of its corporate seal. k. To procure and keep in force adequate insurance or otherwise provide for the adequate protection of its property, as well as to indemnify it or its officers, agents or employees against loss or liability with respect to any risk to which it or they may be exposed in carrying out any function hereunder. l. To grant the use of, by franchise, lease or otherwise, and to make charges for the use of, any crossing, facility or other project or property owned or controlled by it. m. To exercise the right of eminent domain to acquire any property or interest therein. n. To determine the exact location, system and character of and all other matters in connection with any and all crossings, transportation or terminal facilities or other projects which it may be authorized to own, construct, establish, effectuate, operate or control. o. To exercise all other powers not inconsistent with the Constitutions of the two States or of the United States, which may be reasonably necessary or incidental to the effectuation of its authorized purposes or to the exercise of any of the foregoing powers, except the power to levy taxes or assessments, and generally to exercise in connection with its property and affairs, and in connection with property within its control, any and all powers which might be exercised by a natural person or a private corporation in connection with similar property and affairs.
Article VIII. additional powers. For the purpose of effectuating the authorized purposes of the Authority, additional powers may be granted to the Authority by legislation of either State without the concurrence of the other, and may be exercised within such State, or may be granted to the Authority by Congress and exercised by it; but no additional duties or obligations shall be undertaken by the Authority under the law of either State or of Congress without authorization by the law of both States.
Article IX. eminent domain.

If the Authority shall find and determine that any property or interest therein is required for a public use because in furtherance of the purposes of the Authority, said determination shall not be affected by the fact that such property has theretofore been taken over or is then devoted to a public use, but the public use in the hands 76 Stat. 565or under the control of the Authority, shall be deemed superior to the public use for which it has theretofore been taken or to which it is then devoted.

In any condemnation proceedings in connection with the acquisition by the Authority of property or property rights of any character in either State and the right of inspection and immediate entry ‘thereon, through the exercise by it of its power of eminent domain, any existing or future law or rule of court of the State in which such property is located with respect to the condemnation of property for the construction, reconstruction and maintenance of highways therein, shall control. The Authority shall have the same power and authority with respect thereto as the State agency named in any such law; provided that nothing herein contained shall be construed as requiring joint or concurrent action by the two States with respect to the enactment, repeal or amendment of any law or rule of court on the subject of condemnation under which the Authority may proceed by virtue of this Article.

If the established grade of any street, avenue, highway or other route shall be changed by reason of the construction by the Authority of any work so as to cause loss or injury to any property abutting on such street, avenue, highway or other route, the Authority may enter into voluntary agreements with such abutting property owners and pay reasonable compensation for any loss or injury so sustained, whether or not it be compensable as damages under the condemnation law of the State.

The power of the Authority to acquire property by condemnation shall be a continuing power, and no exercise thereof shall be deemed to exhaust it.

Article X. revenues and application. The Authority is hereby authorized to establish, levy and collect such tolls and other charges as it may deem necessary, proper or desirable, in connection with any crossing, transportation or terminal facility or other project which it is or may be authorized at any time to construct, own, operate or control, and the aggregate of said tolls and charges shall be at least sufficient (1) to meet the combined expenses of operation, maintenance and improvement thereof (2) to pay the cost of acquisition or construction, including the payment, amortization and retirement of bonds or other securities or obligations assumed, issued or incurred by the Authority, together with interest thereon and (3) to provide reserves for such purposes; and the Authority is hereby authorized and empowered, subject to prior pledges, if any, to pledge such tolls and other revenues or any part thereof as security for the repayment with interest of any moneys borrowed by it or advanced to it for its authorized purposes and as security for the satisfaction of any other obligations assumed by it in connection with such loans or advances. There shall be allocated to the cost of the acquisition, construction, operation, maintenance and improvement of such facilities and projects, such proportion of the general expenses of the Authority as it shall deem properly chargeable thereto.
Article XI. covenant with bondholders. The two said States covenant and agree with each other and with the holders of any bonds or other securities or obligations of the Authority, assumed, issued or incurred by it and as security for 76 Stat. 566which there may be pledged the tolls and revenues .or any part thereof of any crossing, transportation or terminal facility or other project, that the two said States will not, so long as any of such bonds or other obligations remain outstanding and unpaid, diminish or impair the power of the Authority to establish, levy and collect tolls and other charges in connection therewith, and that neither of the two said States will, so long as any of such bonds or other obligations remain outstanding and unpaid, authorize any crossing of the Delaware River or Delaware Bay south of the line mentioned in Article IV (a) of this Compact, by any person or body other than the Authority; unless, in either case, adequate provision shall be made by law for the protection of those advancing money upon such obligations.
Article XII. securities lawful investments. The bonds or other securities or obligations which may be issued by the Authority pursuant to this Compact, or any amendments hereof or supplements hereto, are hereby declared to be negotiable instruments, and are hereby made securities in which all State and municipal officers and bodies of each State, all banks, bankers, trust companies, savings banks, building and loan associations, saving and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of either State, may properly and legally invest any funds, including capital, belonging to them or within their control; and said obligations are hereby made securities which may properly and legally be deposited with and shall be received by any State or municipal officer or agency of either State for any purpose for which the deposit of bonds or other obligations of such State is now or may hereafter be authorized.
Article XIII. tax status. The powers and functions exercised by the Authority under this Compact and any amendments hereof or supplements hereto are and will be in all respects for the benefit of the people of the States of Delaware and New Jersey, the region and nation, for the increase of their commerce and prosperity and for the enhancement of their general welfare. To this end, the Authority shall be regarded as performing essential governmental functions in exercising such powers and functions and in carrying out the provisions of this Compact and of any law relating thereto, and shall not be required to pay any taxes or assessments of any character, levied by either State or political subdivision thereof, upon any of the property used by it for such purposes, or any income or revenue therefrom, including any profit from a sale or exchange. The bonds or other securities or obligations issued by the Authority, their transfer and the interest paid thereon or income therefrom, including any profit from a sale or exchange, shall at all times be free from taxation by either State or any subdivision thereof.
76 Stat. 567
Article XIV. jurisdiction; use of lands. Each of the two States hereby consents to the use and occupancy by the Authority of any lands and property of the Authority in such State for the construction, operation, maintenance or improvement of any crossing, transportation or terminal facility or other project which it is or may be authorized at any time to construct, own or operate, including lands lying under water.
Article XV. review and enforcement of rules.

Judicial proceedings to review any by-law, rule, regulation, order or other action of the Authority or to determine the meaning or effect thereof, may be brought in such court of each State, and pursuant to such law or rules thereof, as a similar proceeding with respect to any agency of such State might be brought.

Each State may provide by law what penalty or penalties shall be imposed for violation of any lawful rule, regulation or order of the Authority, and, by law or rule of court, for the manner of enforcing the same.

Article XVI. no pledge of credit. The Authority shall have no power to pledge the credit or to create any debt or liability of the State of Delaware, of the State of New Jersey, or of any other agency or of any political subdivision of said States.
Article XVII. local cooperation. All municipalities, political subdivisions and every department, agency or public body of each of the States are hereby authorized and empowered to cooperate with, aid and assist the Authority in effectuating the provisions of this Compact and of any amendment hereof or supplement hereto.
Article XVIII. depositaries. All banks, bankers, trust companies, savings banks and other persons carrying on a banking business under the laws of either State are authorized to give security for the safekeeping and prompt payment of moneys of the Authority deposited by it with them, in such manner and form as may be required by and may be approved by the Authority, which security may consist of a good and sufficient undertaking with such sureties as may be approved by the Authority, or may consist of the deposit with the Authority or other depositary approved by the Authority as collateral of such securities as the Authority may approve.
76 Stat. 568
Article XIX. agency police. Members of the police force established by the Authority, regardless of their residence, shall have in each State, on the crossings, transportation or terminal facilities and other projects and the approaches thereto, owned, operated or controlled by the Authority, and at such other places and under such circumstances as the law of each State may provide, all the powers of investigation, detention and arrest conferred by law on peace officers, sheriffs or constables in such State or usually exercised by such officers in each State.
Article XX. reports and audits.

The Authority shall make annual reports to the Governors and Legislatures of the State of Delaware and the State of New Jersey, setting forth in detail its operations and transactions, and may make such additional reports from time to time to the Governors and Legislatures as it may deem desirable.

It shall, at least annually, cause an independent audit of its fiscal affairs to be made and shall furnish a copy of such audit report together with such additional information or data with respect to its affairs as it may deem desirable to the Governors and Legislatures of each State.

It shall furnish such information or data with respect to its affairs as may be requested by the Governors or Legislatures of each State.

Article XXI. boundaries unaffected.

The existing territorial or boundary lines of the States, or the jurisdiction of the two States established by said boundary lines, shall not be changed hereby.

Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the consent of Congress is hereby given to the States of Delaware and New Jersey to enter into the Compact set forth in this resolution, except that nothing contained in such compact shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the area which forms the subject of such compact.
Sec. 2. In addition to any other requirement of law, any project constructed by the Delaware River and Bay Authority in or over the navigable waters of the United States shall be subject to the procedural requirements of section 2(a) of the Fish and Wildlife Coordination

72 Stat. 564.

Act, as amended (48 Stat. 401; 16 U.S.C. 662(a)).
Sec. 3. Nothing in this resolution shall be construed as— (a) amending or superseding the provisions of the Act of September 27, 1961 (75 Stat. 688), or (b) granting the consent of Congress to the use of tolls collected on any crossing for the financing of any transportation or terminal facility constructed or operated by the Authority, or (c) granting advance consent of Congress for the performance by the Authority of other functions, as contemplated by Article IV, paragraph (c) of the Compact or for the assumption by the Authority of additional powers, as contemplated by Article VIII of the Compact.
76 Stat. 569
Sec. 4. The right is hereby reserved to the Congress or any of its standing committees to require of the Authority the disclosure and furnishing of such information and data as is deemed appropriate by the Congress or any committee thereof having jurisdiction of the subject matter of this resolution.
Sec. 5. The right to alter, amend, or repeal this joint resolution is hereby expressly reserved.
Approved September 20, 1962.
Public Law 87–679: Providing for the designation of the period October 1962 through October 1963 as “National Safety Council Fiftieth Anniversary Year”. Public Law 679 Public Law 87–679 76 Stat. 569 1962-09-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–679
JOINT RESOLUTION Providing for the designation of the period October 1962 through October 1963 as “National Safety Council Fiftieth Anniversary Year”.

September 20, 1962

[S. J. Res. 222]

 Whereas October 1962 marks the beginning of the fiftieth anniversary observance of the founding of the National Safety Council: and Whereas the council has striven faithfully during this half century to develop and implement sound, effective programs directed toward the prevention of accidents of all kinds; and Whereas the prevention of accidents is of the greatest importance to the success of our economy and the well-being of our Nation; and Whereas the records have shown a notable and steady decline in the rates of accidental death and injury as a result of national programs of the organized safety movement; and Whereas this decline in accident rates demonstrates the value of nationwide safety activities as carried on under the leadership of the National Safety Council; and Whereas the Congress enacted a Federal charter for the National Safety Council; and Whereas the National Safety Council, as a guardian of the public interest, has proved its dedication to the safety and welfare of the Nation’s citizens, as set forth in its Federal charter: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the President is authorized

National Safety Council Fiftieth Anniversary Year, 1962–1963.

Proclamation authorization.

and requested to issue a proclamation designating the period October 1962 through October 1963 as “National Safety Council Fiftieth Anniversary Year,” and calling upon the governments of the States and communities and the people of the United States to join in observance of this significant occasion and to increase their efforts to reduce the number of accidents in homes, in industry, in public places, and on our streets and highways.
Approved September 20, 1962.
Public Law 87–680: To amend the Cooperative Forest Management Act. Public Law 680 Public Law 87–680 76 Stat. 569 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–680
AN ACT To amend the Cooperative Forest Management Act.

September 25, 1962

[H. R. 9728]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Cooperative Forest Management Act (64 Stat. 473; 16 U.S.C. 568c, 568d) is amended by striking out of the first sentence of section 2 thereof “$2,500,000” and inserting “$5,000,000”.
Approved September 25, 1962.
Public Law 87–681: To amend the Bankruptcy Act, as amended. Public Law 681 Public Law 87–681 76 Stat. 570 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 570 Public Law 87–681
AN ACT To amend the Bankruptcy Act, as amended.

September 25, 1962

[H. R. 5393]

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

Bankruptcy Act, amendment.
That clause (1) of subsection a of section 2 of the Bankruptcy Act approved July 1,

66 Stat. 420.

1898, as amended (11 U.S.C. 11 (a)(1)), is amended to read as follows: “(1)

Bankruptcy courts.

Jurisdiction.

Adjudge persons bankrupt who have had their principal place of business, resided, or had their domicile within their respective territorial jurisdictions for the preceding six months, or for a longer portion of the preceding six months than in any other jurisdiction, or who do not have their principal place of business, reside, or have their domicile within the United States, but have property within their jurisdiction, or in any cases transferred to them pursuant to this Act;”.
Sec. 2. Subsection a of section 2 of the Bankruptcy Act (11 U.S.C. 11(a)) is amended (1) by deleting the word “and” at the end of clause

52 Stat. 844; 66 Stat. 421.

(20); (2) by striking out the period at the end of clause (21) and inserting “; and”; and (3) by adding the following new paragraph: “(22) Exercise, withhold, or suspend the exercise of jurisdiction, having regard to the rights or convenience of local creditors and to all other relevant circumstances, where a bankrupt has been adjudged bankrupt by a court of competent jurisdiction without the United States.”
Sec. 3. Subsection d of section 21 of the Bankruptcy Act (11 U.S.C.

52 Stat. 853.

Evidence.

Certified copies of proceedings, etc.

44d) is amended to read as follows: “d. Certified copies of proceedings before a referee, or of papers, when issued by the clerk, referee, or an employee of the referee designated by his order, which shall be filed in the office of the clerk, shall be admitted as evidence with like force and effect as certified copies of the records of district courts of the United States are now or may hereafter be admitted as evidence.”
Sec. 4. The first paragraph of subsection c of section 48 of the Bankruptcy

74 Stat. 198.

Trustees, compensation.

Act (11 U.S.C. 76c) is amended to read as follows: “c. Trustees. The compensation of trustees for their services, payable after they are rendered, shall be a fee of $10 for each estate, deposited with the clerk at the time the petition is filed in each case, except where installment payments may be authorized pursuant to section 40

11 USC 68.

of this Act, and such further sum as the court may allow, as follows:”
Sec. 5. Subsection i of section 57 of the Bankruptcy Act (11 U.S.C.

52 Stat. 866.

Secured claims, settlement provisions.

93(i)) is amended to read as follows: “i. Whenever a creditor whose claim against a bankrupt estate is secured, in whole or in part, by the individual undertaking of a person, fails to prove and file that claim, that person may do so in the creditor’s name, and he shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by him in the creditor’s name, to the extent that he discharges the undertaking except that in absence of an agreement to the contrary, he shall not be entitled to any dividend until the amount paid to the creditor on the undertaking plus the dividends paid to the creditor from the bankrupt estate on the claim equal the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust for such person.”
Sec. 6. Clause (6) of subsection a of section 58 of the Bankruptcy Act (11 U.S.C. 94(a) (6)1 is amended to read as follows: “(6) the proposed compromise of a controversy unless the court, for cause shown, directs that notice be not sent;”.
76 Stat. 571
Sec. 7. Subsection b of section 59 of the Bankruptcy Act (11 U.S.C. 95(b)) is amended to read as follows:

66 Stat. 425.

Petitions.

Requirements.

 “b. Three or more creditors who have provable claims not contingent as to liability against a person, amounting in the aggregate to $500 in excess of the value of any securities held by them, or, if all of the creditors of the person are less than twelve in number, then one or more of the creditors whose claim or claims equal that amount, may file a petition to have him adjudged a bankrupt; but the claim or claims, if unliquidated, shall not be counted in computing the number and the aggregate amount of the claims of the creditors joining in the petition, if the court determines that the claim or claims cannot be readily determined or estimated to be sufficient, together with the claims of the other creditors, to aggregate $500, without unduly delaying the decision upon the adjudication.”
Sec. 8. Clause (1) of subsection a of section 64 of the Bankruptcy Act (11 U.S.C. 104(a)(1)) is amended to read as follows:

66 Stat. 426.

Order of payment.

 “(1) the costs and expenses of administration, including the actual and necessary costs and expenses of preserving the estate subsequent to filing the petition; the fees for the referees’ salary and expense fund; the filing fees paid by creditors in involuntary cases or by persons other than the bankrupts in voluntary cases; where property of the bankrupt, transferred or concealed by him either before or after the filing of the petition, is recovered for the benefit of the estate of the bankrupt by the efforts and at the cost and expense of one or more creditors, the reasonable costs and expenses of the recovery; the trustees expenses in opposing the bankrupt’s discharge or in connection with the criminal prosecution of an offense punishable under chapter 9 of title 18 of the United States Code, or an offense concerning the business or

18 USC 151–155.

property of the bankrupt punishable under other laws, Federal or State; the fees and mileage payable to witnesses as now or hereafter provided by the laws of the United States, and one reasonable attorney’s fee, for the professional services actually rendered, irrespective of the number of attorneys employed, to the bankrupt in voluntary and involuntary cases, and to the petitioning creditors in involuntary cases, and if the court adjudges the debtor bankrupt over the debtor’s objection or pursuant to a voluntary petition filed by the debtor during the pendency of an involuntary proceeding, for the reasonable costs and expenses incurred, or the reasonable disbursements made, by them, including but not limited to compensation of accountants and appraisers employed by them, in such amount as the court may allow. Where an order is entered in a proceeding under any chapter of this Act directing that bankruptcy be proceeded with, the costs and expenses of administration incurred in the ensuing bankruptcy proceeding shall have priority in advance of payment of the unpaid costs and expenses of administration, including the allowances provided for in such chapter, incurred in the superseded proceeding and in the suspended bankruptcy proceeding, if any;”.
Sec. 9. Subsection b of section 70 of the Bankruptcy Act (11 U.S.C. 110(b)) is amended to read as follows:

52 Stat. 880.

Executory contracts.

 “b. The trustee shall assume or reject an executory contract, including an unexpired lease of real property, within sixty days after the adjudication or within thirty days after the qualification of the trustee, whichever is later, but the court may for cause shown extend or reduce the time. Any such contract or lease not assumed or rejected within that time shall be deemed to be rejected. If a trustee is not appointed, any such contract or lease shall be deemed to be rejected within thirty days after the date of the order directing that a trustee be not 76 Stat. 572appointed. A trustee, shall file, within sixty days after adjudication or within thirty days after he has qualified, whichever is later, unless the court for cause shown extends or reduces the time, a statement under oath showing which, if any, of the contracts of the bankrupt are executory in whole or in part, including unexpired leases of real property, and which, if any, have been rejected by the trustee. Unless a lease of real property expressly otherwise provides, a rejection of the lease or of any covenant therein by the trustee of the lessor does not deprive the lessee of his estate. A general covenant or condition in a lease that it shall not be assigned shall not be construed to prevent the trustee from assuming the same at his election and subsequently assigning the same; but an express covenant that an assignment by operation of law or the bankruptcy of a specified party thereto or of either party shall terminate the lease or give the other party an election to terminate the same is enforcible. A trustee who elects to assume a contract, or lease of the bankrupt and who subsequently, with the approval of the court and upon such terms and conditions as the court may fix after hearing upon notice to the other party to the contract or lease, assigns the contract or lease to a third person, is not liable for breaches occurring after the assignment.”
Sec. 10. Subsection f of section 70 of the Bankruptcy Act (11 U.S.C.

52 Stat. 882.

Appraisers.

110(f)) is amended to read as follows: “f. The court shall appoint a competent and disinterested appraiser and upon cause shown may appoint additional appraisers, who shall appraise all the items of real and personal property belonging to the bankrupt estate and who shall prepare and file with the court their report thereof. Real and personal property shall, when practicable, be sold subject to the approval of the court. It shall not be sold otherwise than subject to the approval of the court for less than 75 per centum of its appraised value. Whenever a sale of real or personal property of a bankrupt is made by or through an auctioneer employed by the court, receiver, or trustee, the auctioneer must be a duly licensed or authorized auctioneer in the place where the sale is to be conducted.”
Sec. 11. Subsection a of section 77 of the Bankruptcy Act (11 U.S.C.

49 Stat. 911.

Railroads.

Petition for reorganization.

205(a)) is amended to read as follows: “(a) Any railroad corporation may file a petition stating that it is insolvent or unable to meet its debts as they mature and that it desires to effect a plan of reorganization. The petition shall be filed with the court in whose territorial jurisdiction the corporation, during the preceding six months or the greater portion thereof, has had its principal executive or operating office, and a copy of the petition shall at the same time be filed with the Interstate Commerce Commission (hereinafter called the ‘Commission’). When any railroad, although engaged in interstate commerce, lies wholly within one State, the proceedings shall be brought in the United States district court for the district in which its principal operating office has been located during the preceding six months or the greater portion thereof. The petition shall be accompanied by payment to the clerk of a filing fee of $150. Upon the filing of such a petition, the judge shall enter an order either approving it as properly filed under this section, if satisfied that it complies with this section and has been filed in good faith, or dismissing it, if he is not so satisfied. If the petition is so approved, the court in which the order is entered shall, during the pendency of the proceedings under this section and for the purposes thereof, have exclusive jurisdiction of the debtor and its property wherever located, and shall have and may exercise in addition to the powers conferred by this section all the powers, not inconsistent with this section, which a court of the United States would have had if it had appointed a receiver in equity of the property of the debtor for any purpose. Process of the court 76 Stat. 573shall extend to and be valid when served in any judicial district. The Supreme Court of the United States shall promulgate rules relating to the service of process outside of the district in which the proceeding is pending, and any other rules which it may deem advisable in order to aid district courts and courts of appeal in exercising the jurisdiction herein conferred upon them. The railroad corporation shall be referred to in the proceedings as a ‘debtor’. Any railroad corporation

“Debtor.”

the majority of the capital stock of which having power to vote for the election of directors is owned, either directly or indirectly through an intervening medium, by any railroad corporation filing a petition as a debtor may file, with the court in which the other debtor has filed such a petition, and in the same proceeding, a petition, a copy of which shall also be filed at the same time with the Commission, stating that it is insolvent or unable to meet its debts as they mature, and that it desires to effect a reorganization in connection with, or as a part of the plan of reorganization of the other debtor; and upon the riling of the petition, the judge shall enter an order either approving it as properly filed under this section, if satisfied that it complies with this section and has been filed in good faith, or dismissing it if not so satisfied, and thereupon the court, if it approves the petition, shall have the same jurisdiction with respect to such debtor, its property and its creditors and stockholders, as the court has with respect to the other debtor. Creditors of any railroad corporation, having claims aggregating not less than 5 per centum of all the indebtedness of the corporation as shown in the latest annual report which it has filed with the Commission at the time when the petition is filed, may, if the corporation has not filed a petition under this section, file with the court m which the corporation might file a petition under this section, a petition stating that the corporation is insolvent or unable to meet its debts as they mature and that the creditors have claims aggregating not less than 5 per centum of all such indebtedness of the corporation and propose that it shall effect a reorganization; copies of the petition shall be filed at the same time with the Commission and served upon the corporation. The corporation shall, within ten days after such service, answer the petition. If the answer admits the jurisdiction of the court and the material allegations of the petition, the judge shall enter an order approving the petition as properly filed if satisfied that it complies with this section and has been filed in good faith, or dismissing it, if not so satisfied. If the answer denies either the jurisdiction or the court or any material allegation of the petition, the judge shall summarily determine the issues presented by the pleadings without the intervention of a jury, and if he finds that the material allegations are sustained by the proofs and that the petition complies with this section and has been filed in good faith, the judge shall enter an order approving the petition; otherwise, he shall dismiss the petition. If such a petition is so approved, the proceedings thereon shall continue with like effect as if the railroad corporation had itself filed a petition under this section. If a petition is dismissed, neither the petition nor the answer of a debtor constitute an act of bankruptcy or an admission of insolvency or of inability to meet maturing obligations or be admissible in evidence, without the debtor’s consent, in any proceedings then or thereafter pending or commenced under this Act or in any State or United States court. If, in any case in which the issues have not already been tried under the provisions of this subdivision, any of the creditors, prior to the hearing provided for in paragraph (1) of subsection (c) of this section, appear and controvert the facts alleged in the petition, the judge shall determine, as soon as may lie, the issues presented by the pleadings, without the intervention of a jury, and, unless the material allegations of the petition are sustained by the proofs, shall dismiss the petition.”
76 Stat. 574
Sec. 12.

52 Stat. 888.

Section 160 of the Bankruptcy Act (11 U.S.C. 560) is amended to read as follows:
“Sec. 160.

Trustees.

In any case, the judge at any time, without or upon cause shown, may appoint additional trustees and cotrustees, or remove trustees and appoint substitute trustees; and upon each such appointment the judge shall fix a hearing to be held within thirty days to consider objections to the retention in office of the trustee. At least ten days’ notice of the hearing shall be given to the persons designated in section 161 of this Act.”
Sec. 13.

52 Stat. 901.

Section 247 of the Bankruptcy Act (11 U.S.C. 647) is amended to read as follows:
“Sec. 247.

Hearings.

The judge shall fix a time of hearing for the consideration of applications for allowances, of which hearing notice shall be given to the applicants, the trustee, the debtor, the creditors, stockholders, indenture trustees, the Securities and Exchange Commission, and such other persons as the judge may designate, except that notice need not be given to any class of creditors or stockholders which does not participate under the plan as confirmed by the court from which no appeal is pending and the time allowed for appeal has expired. In the case of allowances for services and reimbursement in a superseded bankruptcy proceeding, notice need be given only to the applicants, the debtor, the trustee, and the unsecured creditors, and may be given to such other classes of creditors or other persons as the judge may designate. In the case of the dismissal of a proceeding under this chapter and the entry of an order therein directing that bankruptcy be proceeded with, notice of the hearing to consider allowances need not be given to stockholders.”
Sec. 14. Clause (6) of subsection a of section 265 of the Bankruptcy

52 Stat. 903.

Act (11 U.S.C. 665(a) (6)) is amended to read as follows: “(6) copies of plans, alterations or modifications in plans, and any notices of hearings on the plans, alterations, or modifications;”
Sec. 15. Clause (7) of subsection a of section 265 of the Bankruptcy Act (11 U.S.C. 665(a) (7)) is amended to read as follows: “(7) the orders approving any plan or plans or alterations or modifications in plans;”
Sec. 16. Clause (2) of subsection a of section 393 of the Bankruptcy

52 Stat. 914.

Unregistered securities.

Act (11 U.S.C. 793(a) (2)) is amended to read as follows: “(2) any transaction in any security issued pursuant to an arrangement in exchange for claims against the debtor or partly in exchange and partly for cash and /or property, or issued upon exercise of any right to subscribe or conversion privilege so issued, except (A) transactions by an issuer or an underwriter in connection with a distribution otherwise than pursuant to the arrangement, and (B) transactions by a dealer as to securities constituting the whole or a part of an unsold allotment to or subscription by the dealer as a participant in a distribution of such securities by the issuer or by or through an underwriter otherwise than pursuant to the arrangement.”
Approved September 25, 1962.
Public Law 87–682: To extend to fishermen the same treatment accorded farmers in relation to estimated income tax. Public Law 682 Public Law 87–682 76 Stat. 575 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 575 Public Law 87–682
AN ACT To extend to fishermen the same treatment accorded farmers in relation to estimated income tax.

September 25, 1962

[H. R. 6413]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) the following

Taxes.

Declaration by fishermen.

provisions of the Internal Revenue Code of 1954 are amended by inserting “or fishing” after “from farming” each place it appears: (1) Section 6015(f) (relating to treatment of return as declaration

68A Stat. 737; 72 Stat. 1660.

or amendment). (2) Section 6073(b) (relating to time for filing declarations of

68A Stat. 750.

estimated income tax by individuals). (3) Section 6153(b) (relating to installment payments of estimated income tax by individuals who are farmers). (4) Subsections (b) and (d)(1)(C) of section 6654 (relating to additions to tax for failure by individual to pay estimated income tax). (b) Section 6073(a) of the Internal Revenue Code of 1954 (relating to time for filing declarations of estimated income tax by individuals other than farmers) is amended by striking out “individuals not regarded as farmers” and inserting in lieu thereof “individuals regarded as neither farmers nor fishermen”. (c) The headings of subsections (a) and (b) of section 6073, and subsection (b) of section 6153, of the Internal Revenue Code of 1954 are each amended by inserting “or Fishermen” after “Farmers”.
Sec. 2. The amendments made by the first section of this Act shall

Effective date.

apply only with respect to taxable years beginning after December 31, 1962.
Approved September 25, 1962.
Public Law 87–683: To amend the Act of June 6, 1924, chapter 270 (43 Stat. 463), relating to the National Capital Park and Planning Commission, as amended by the National Capital Planning Act of 1952 (66 Stat. 781; 40 U.S.C. 71). Public Law 683 Public Law 87–683 76 Stat. 575 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–683
AN ACT To amend the Act of June 6, 1924, chapter 270 (43 Stat. 463), relating to the National Capital Park and Planning Commission, as amended by the National Capital Planning Act of 1952 (66 Stat. 781; 40 U.S.C. 71).

September 25, 1962

[H. R. 9954]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2b of the

National Capital Planning Commission.

Membership.

Act of June 6, 1924 (43 Stat. 463), relating to the National Capital Park and Planning Commission, as amended by the Act of July 19, 1952, chapter 949, known as the National Capital Planning Act of 1952 (66 Stat. 781; 40 U.S.C. 71(a) (b) (1)), is hereby amended by inserting

40 USC 71a.

before “the chairmen of the committees” the words “the Administrator of the National Capital Transportation Agency,”.
Approved September 25, 1962.
Public Law 87–684: Making appropriations for military construction for the Department of Defense for the fiscal year ending June 30, 1963, and for other purposes. Public Law 684 Public Law 87–684 76 Stat. 576 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 576 Public Law 87–684
AN ACT Making appropriations for military construction for the Department of Defense for the fiscal year ending June 30, 1963, and for other purposes.

September 25, 1962

[H. R. 12870]

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

Military Construction Appropriation Act, 1963.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1963, for military construction functions administered by the Department of Defense, and for other purposes, namely: Military Construction, Army For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations and facilities for the Army as currently authorized in military public works or military construction Acts, in sections 2673 and 2675 of title 10, United

72 Stat. 1459, 1460.

States Code, to remain available until expended, $181,272,000. Military Construction, Navy For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy as currently authorized in military public works or military construction Acts, in sections 2673 and 2675 of title 10, United States Code, including personnel in the Bureau of Yards and Docks and other personal services necessary for the purposes of this appropriation, to remain available until expended, $193,355,000. Military Construction, Air Force For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Air Force as currently authorized in military public works or military construction Acts, in sections 2673 and 2675 of title 10,

68 Stat. 47.

70A Stat. 590.

United States Code, the Act of April 1, 1954 (Public Law 325), without regard to section 9774(d) of title 10, United States Code, to remain available until expended, $847,810,500. Military Construction, Defense Agencies For acquisition, construction, installation and equipment of temporary or permanent public works, installations and facilities for activities and agencies of the Department of Civil Defense (other than the military departments and the Office of Defense), as currently authorized in military public works or military construction acts, in sections 2673 and 2675 of title 10, United States Code, to remain available until expended, $35,677,000; and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation “Research, development, test, and evaluation, Defense Agencies” as determined by the Secretary of Defense: Provided, That the unexpended balances of the appropriation “Military Construction, Advanced Research Projects Agency, Department of Defense” shall be merged with this appropriation and accounted for as one fund effective July 1, 1962: Provided further, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate. 76 Stat. 577 Military Construction, Army Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, to remain available

10 USC 2231–2238.

until expended, $8,000,000. Military Construction, Naval Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, to remain available until expended, $7,000,000. Military Construction, Air Force Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, to remain available until expended, $5,000,000. Military Construction, Army National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, to remain available until expended, $7,000,000. Military Construction, Air National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, to remain available until expended, $14,000,000. Loran Stations, Defense For construction of additional loran stations by the Coast Guard, to remain available until expended, $20,000,000, which shall be transferred on approval of the Secretary of Defense to the appropriation, “Acquisition, construction, and improvements”, Coast Guard. Military Construction, Foreign Countries, Department of Defense The appropriation available to the Department of Defense for “Military Construction, Foreign Countries, Department of Defense”, shall not be available for obligation after June 30, 1962. Department of Defense Family Housing Management Account During the current fiscal year, not to exceed a total of $712,427,500 shall be available for obligation against the Department of Defense Family Housing Management Account for the purpose of section 501(b) of Public Law 87–554, approved July 27, 1962, as follows:

Ante, p. 237.

 76 Stat. 578 For the Army: Construction, $46,625,000; Operation and maintenance, $135,115,000; Debt payments, $49,863,000. For the Navy and Marine Corps: Construction, $92,542,000; Operation and maintenance—Navy, $58,360,000; Marine Corps, $7,700,000; Debt payments—Navy, $25,744,000; Marine Corps, $4,691,000. For the Air Force: Construction, $100,771,000; Operation and maintenance, $98,986,000; Debt payments, $89,574,000. For Defense Agencies: Operation and maintenance, $2,456,500.

The foregoing amounts available for obligation for operation and maintenance may be increased as determined by the Secretary of Defense: Provided, That such increased amounts are transferred from applicable operation and maintenance appropriations for the current fiscal year: Provided further, That the total obligations against the account are authorized to be increased accordingly.

 General Provisions
Sec. 101. Funds appropriated to the military departments for construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the second session of the Eighty-seventh Congress.
Sec. 102.

Cost-plus-a-fixed-fee contract.

None of the funds appropriated in this Act shall be expended for payments under a cost-plus-a-fixed-fee contract for work where cost estimates exceed $25,000 to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor.
Sec. 103.

Expediting construction.

None of the funds appropriated in this Act shall be expended for additional costs involved in expediting construction unless the Secretary of Defense certifies such costs to be necessary to protect the national interest and establishes a reasonable completion date for each project, taking into consideration the urgency of the requirement, the type and location of the project, the climatic and seasonal conditions affecting the construction and the application of economical construction practices.
Sec. 104.

Bakeries, laundries, etc.

None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its Territories or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates.
Sec. 105.

Motor vehicles, hire, etc.

Funds appropriated to the military departments for construction are hereby made available for: (1) hire of passenger motor vehicles, and (2) the construction, or acquisition by lease or otherwise, of family housing and community facilities projects in foreign countries as authorized by section 407(b) of the Act of September 1, 1954

69 Stat. 350.

5 USC 171z–1.

(68 Stat. 1119), as amended.
Sec. 106. Appropriations to the military departments for construction may be charged for the cost of administration, supervision and 76 Stat. 579inspection of family housing authorized pursuant to title IV of the Act of August 11, 1955 (Public Law 345), as amended, in an amount

69 Stat. 646.

12 USC 1748a–1748g, 1720; 42 USC 1594–1594f.

not to exceed 3½ per centum of the cost of each such project: Provided, That such appropriations shall be reimbursed from the proceeds of any mortgage executed on each such project.
Sec. 107. Funds appropriated to the military departments for construction may be used for advances to the Bureau of Public Roads, Department of Commerce, for the purposes of section 210 of title 23, United States Code, when projects authorized therein are certified

72 Stat. 908; 75 Stat. 123.

as important to the national defense by the Secretary of Defense.
Sec. 108. Nope of the funds appropriated in this Act may be used

New bases.

to begin construction of new bases for which specific appropriations have not been made.
Sec. 109. During the current fiscal year, appropriations available

Family quarters.

for construction of family quarters for personnel shall not be obligated for such construction at a cost per family unit in excess of $22,000 on housing units for generals or equivalent; $19,800 on housing units for colonels or equivalent; $17,600 on housing units for majors and lieutenant colonels, or equivalent; $15,400 on housing units for second lieutenants, lieutenants, captains, and warrant officers, or equivalent; or $13,200 on housing units for enlisted personnel, except that when such units are constructed outside the continental United States or in Alaska, the average cost per unit of all such units shall not exceed $32,000 and in no event shall the individual cost exceed $40,000.
Sec. 110. No part of the funds contained in this Act shall be used

Air Force Academy.

to incur obligations for the planning, design, or construction of facilities for an Air Force Academy the total cost of which will be in excess of $140,986,000, except for construction pursuant to section 2674 of title 10, United States Code, as amended.

72 Stat. 1459.
Sec. 111. No part of the funds provided in this Act shall be used

Land purchase.

for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Bureau of Yards and Docks, except: (a) where there is a determination of value by a Federal court, (b) purchases negotiated by the Attorney General or his designee, and (c) where the estimated value is less than $25,000.
Sec. 112. None of the funds appropriated in this Act may be used

Foreign projects.

to make payments under contracts for any project in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor.
Sec. 113. This Act may be cited as the Military Construction Appropriation

Short title.

Act, 1963.
Approved September 25, 1962.
Public Law 87–685: To amend section 9 of the Act of May 22, 1928, as amended, authorizing and directing a national survey of forest resources. Public Law 685 Public Law 87–685 76 Stat. 579 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–685
AN ACT To amend section 9 of the Act of May 22, 1928, as amended, authorizing and directing a national survey of forest resources.

September 25, 1962

[S. 3064]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the last sentence of section 9 of the Act of May 22, 1928, as amended (45 Stat. 699,702; 16 U.S.C. 581h), is hereby amended by striking out “$1,500,000” and

63 Stat. 271

inserting in lieu thereof “$2,500,000”.
Approved September 25, 1962.
Public Law 87–686: To provide for the regulation of credit life insurance and credit accident and health insurance in the District of Columbia. Public Law 686 Public Law 87–686 76 Stat. 580 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 580 Public Law 87–686
AN ACT To provide for the regulation of credit life insurance and credit accident and health insurance in the District of Columbia.

September 25, 1962

[S. 2357]

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

The Act for the Regulation of Credit Life Insurance and Credit Accident and Health Insurance.
That (a) this Act, regulating credit life insurance and credit accident and health insurance in the District of Columbia may be cited as “The Act for the Regulation of Credit Life Insurance and Credit Accident and Health Insurance”. (b) All life insurance and all accident and health insurance in connection with loans or other credit transactions of less than five years duration in the District of Columbia shall be subject to the provisions of this Act. Such insurance written in connection with a loan or other credit transaction of five years duration or more shall not be subject to the provisions of this Act, nor shall such insurance be subject to the provisions of this Act if the issuance of the insurance is an isolated transaction on the part of the insurer not related to a plan or regular course of conduct for insuring debtors of the creditor.
definitions Sec. 2. For the purpose of this Act— (a) “Commissioners” means the Commissioners of the District of Columbia; (b) “Credit life insurance” means insurance issued on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction; (c) “Credit accident and health insurance” means insurance against the disability of a debtor which provides indemnity for payments on a specific loan or other credit transaction; (d) “Creditor” means the lender of money or vendor of goods, services, or property, including a lessor under a lease intended as a security, for which payment is arranged through a loan or other credit transaction, and includes any successor to the right, title, or interest of any such lender, vendor, or lessor; (e) “Debtor” means a borrower of money or purchaser of goods, services, or property, including a lessee under a lease intended as a security, for which payment is arranged through a loan or other credit transaction; (f) “District” means the District of Columbia; (g) “Indebtedness” means the amount payable by a debtor to a creditor in connection with a loan or other credit transaction; and (h) “Superintendent” means the Superintendent of Insurance of the District of Columbia.
forms of credit life insurance and credit accident and health insurance Sec. 3. Credit life insurance and credit accident and health insurance shall be issued only in the following forms: (a) Individual policies of life insurance issued to debtors on the term plan; (b) Individual policies of accident and health insurance issued to debtors on a term plan or disability provisions in individual life policies to provide such coverage; (c) Group policies of life insurance issued to creditors providing insurance upon the lives of debtors on the term plan; 76 Stat. 581 (d) Group policies of accident and health insurance issued to creditors on a term plan insuring debtors or disability provisions in group life policies to provide such coverage.
amount of credit life insurance and credit accident and health insurance Sec. 4. (a) The amount of credit life insurance shall not exceed the initial indebtedness however the indebtedness may be repayable: Provided, however, That nothing contained herein shall be deemed to supersede or repeal the limitation on the amount of group insurance specified in section 10(2) (d) of chapter V of the Life Insurance Act of the District of Columbia, as amended (48 Stat. 1164; sec. 35–710 (2)(d), D.C. Code, 1951 ed.). In cases where an indebtedness is

64 Stat. 330.

repayable in substantially equal installments, the amount of insurance shall at no time exceed the scheduled amount of unpaid indebtedness in the case of any individual policy or the actual amount of the unpaid indebtedness in the case of any group policy. (b) The amount of indemnity payable by credit accident and health insurance in the event of disability, as defined in the policy, shall not exceed the aggregate of the periodic scheduled unpaid installments of indebtedness; and the amount of each periodic indemnity payment shall not exceed the original indebtedness divided by the number of periodic installments.
term of credit life insurance and credit accident and health insurance Sec. 5. The term of any credit life insurance or credit accident and health insurance shall, subject to acceptance by the insurance company, commence on the date when the debtor becomes obligated to the creditor, except that where a group policy provides coverage with respect to existing obligations the insurance on a debtor with respect to such indebtedness shall commence on the effective date of the policy. Where evidence of insurability is required and such evidence is furnished more than thirty days from the date when the debtor becomes obligated to the creditor, the term of the insurance may commence on the date on which the insurance company determines the evidence to be satisfactory, and in such event there shall be an appropriate refund or adjustment of any charge to the debtor for insurance. The term of such insurance shall not extend more than fifteen days beyond the scheduled maturity date of the indebtedness except when extended without additional cost to the debtor. If the indebtedness is discharged due to renewal or refinancing prior to the scheduled maturity date, the insurance in force shall be terminated before any new insurance may be issued in connection with the renewal or refinanced indebtedness. In all cases of termination prior to scheduled maturity, a refund shall be paid or credited as provided in section 8.
provisions of policies and certificates of insurance; disclosure to debtors Sec. 6. (a) All credit life insurance and credit accident and health insurance shall be evidenced by an individual policy, or in the case of group insurance by a group policy and individual certificates of insurance. (b) Each individual policy or certificate of credit life insurance, each individual policy or certificate of credit accident and health insurance, and each individual policy or certificate of credit life insur-76 Stat. 582ance and credit accident and health insurance shall, in addition to other requirements of law, set forth the name and home office address of the insurance company, and the identity by name or otherwise of the person insured, the rate or amount of payment, if any, by the debtor separately in connection with credit life insurance and credit accident and health insurance, a description of the coverage, including the amount and term thereof (which in the case of group insurance may be by description rather than stated amount and term), any exceptions, limitations, or restrictions, and shall state that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness and, whenever the amount of insurance may exceed the unpaid indebtedness, that any such excess shall be payable to a beneficiary, other than the creditor, named by the debtor or to his estate. (c) Except as hereinafter provided, an individual policy or certificate of insurance shall be delivered to the insured debtor at the time the indebtedness is incurred. (d) If a debtor makes a separate payment for credit life or credit accident and health insurance and an individual policy or certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred, a copy of the application for such policy or a notice of proposed insurance shall be delivered at such time to the debtor by the creditor. The copy of the application for or notice of proposed insurance shall be signed by the debtor and shall set forth the identity by name or otherwise of the person insured; the rate or amount of payment by the debtor separately for credit life insurance and credit accident and health insurance; and a statement that within thirty days, if the insurance is accepted by the insurance company, there will be delivered to the debtor an individual policy or certificate of insurance containing the name and home office address of the insurance company, and a description of the amount, term, and coverage including any exceptions, limitations, and restrictions. The copy of the application for, or notice of, proposed insurance shall refer exclusively to insurance coverage, and shall be separate and apart from the loan, sale, or other credit statement of account, instrument, or agreement unless the information required by this subsection is prominently set forth in such statement of account, instrument, or agreement. If a debtor does not make a separate payment for credit life or credit accident and health insurance, an application need not be taken or a notice of proposed insurance given. In any case, upon acceptance of the insurance by the insurance company, and within thirty days of the date upon which the term of the insurance commences, the insurance company shall cause the individual policy or certificate of insurance to be delivered to the debtor. Said application or notice of proposed insurance shall state that, upon acceptance by the insurance company, the insurance shall become effective as provided in section 5.
filing, approval, and withdrawal of forms Sec. 7. (a) All forms of policies, certificates of insurance, notices of proposed insurance, applications for insurance, binders, endorsements and riders delivered or issued for delivery in the District and the premium rates pertaining thereto shall be filed with the Superintendent by the insurance company, in such manner and together with such supporting information as the Superintendent may reasonably require. In any case where a group policy is made for a group in the District and the policy is neither delivered nor issued for delivery in the District, the form of policy and all other forms and premium rates referred to in the preceding sentence shall be filed with the Superintendent by the insurance company. 76 Stat. 583 (b) The Superintendent may, within thirty days after the filing of any form of policy, certificate of insurance, notice of proposed insurance, application for insurance, binder, endorsement or rider, disapprove any such form if the premium rates charged or to be charged appear by reasonable assumptions to be excessive in relation to benefits paid or to be paid, or if the form contains provisions which are unjust, unfair, inequitable, misleading, or deceptive. In determining whether to disapprove any such form the Superintendent may give due consideration to past and prospective loss experience within and outside the District, to underwriting practice and judgment to the extent appropriate, and to all other relevant factors within and outside the District, and he may take into account the experience of the individual company. (c) If the Superintendent notifies the insurance company that the form does not comply with the requirements of this Act, it shall be unlawful thereafter for such insurance company to issue or use such form. In such notice, the Superintendent shall specify the reason for his disapproval and state that a hearing will be granted promptly upon request in writing by the insurance company. No such policy, certificate of insurance, notice of proposed insurance, application for insurance, binder, endorsement, or rider shall be issued or used until the expiration of thirty days after it has been so filed, unless the Superintendent shall give his prior written approval thereto. (d) The Superintendent may, at any time after a hearing, held after not less than twenty days’ written notice to the insurance company, withdraw his approval of any such form if it does not meet the requirements of this Act. (e) The insurance company shall not issue such forms or use them after the effective date of such withdrawal of approval. (f) The insurance company may revise such forms and the premium rates pertaining thereto from time to time, and such revised forms and premium rates shall be filed with the Superintendent and shall be subject to all the preceding requirements of this section, in like manner as though they were original filings with the Superintendent.
refunds Sec. 8. (a) Each individual policy or certificate of credit life insurance or credit accident and health insurance shall provide that in the event of termination of the insurance prior to the scheduled maturity date of the indebtedness, any refund of an amount paid by the debtor for insurance shall be paid or credited promptly to the person entitled thereto: Provided, That the Superintendent shall prescribe a minimum refund and no refund which would be less than such minimum need be made. The formula to be used in computing refunds shall be filed with the Superintendent who may disapprove such formula if he finds that it is unjust or unreasonable. (b) If a creditor requires a debtor to make a payment in connection with credit life insurance or credit accident and health insurance and an individual policy or certificate of insurance is not issued, the creditor shall promptly give written notice to such debtor and shall promptly make an appropriate credit to the account. (c) The amount charged to a debtor for credit life or credit accident and health insurance shall not exceed the premium rate charged by the insurance company at the time the charge to the debtor is determined.
76 Stat. 584
claims Sec. 9. (a) All claims shall be paid either by draft drawn upon the insurance company or by check of the insurance company to the order of the claimant to whom payment of the claim is due pursuant to the policy provisions, or upon direction of such claimant to one specified, and every insurance company shall be held to strict settlement of all such claims. (b) It shall be unlawful for any creditor, having received any such check or draft from such insurance company, to fail to correctly credit the account, pay to or upon the direction of, or otherwise correctly account to the claimant to whom payment is due for the full amount of such check or draft, less any lawful deductions therefrom. (c) No plan or arrangement shall be used whereby any person, firm, or corporation other than the insurance company or its designated claim representative shall be authorized to settle or adjust claims. The creditor shall not be designated as claim representative for the insurance company in adjusting claims, nor, in the case of an individual creditor, shall the spouse of such creditor or any relative of the creditor or spouse within the third degree of consanguinity be so designated, nor shall any officer or employee of a corporate creditor or any spouse or relative of such officer, employee, or spouse within the third degree of consanguinity be so designated: Provided, That a group policyholder may, by arrangement with the group insurance company, draw drafts or checks in payment of claims due to the group policyholder subject to audit and review by the insurance company.
existing insurance—choice of insurer Sec. 10. When credit life insurance or credit accident and health insurance is required as additional security for any indebtedness, the creditor may not require that the insurance be written through any particular insurance company or any particular agent, and the debtor shall, upon request to the creditor, nave the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by him or of procuring and furnishing the required coverage through any insurance company authorized to transact an insurance business within the District.
enforcement Sec. 11. (a) In the case of any violation of this Act by an insurance company, agent, solicitor, or broker, the Superintendent shall have authority to proceed in accordance with the provisions of sections 6 and 27 of the Act approved June 19, 1934, as amended (48 Stat. 1131

72 Stat. 20, 21.

and 1140; secs. 35–405 and 35–426, D.C. Code, 1951 ed.), and sections 3 and 36 of the Act approved October 9, 1940, as amended (54 Stat.

72 Stat. 21, 25.

1066 and 1079; secs. 35–1306 and 35–1340, D.C. Code, 1951 ed.). (b) In the case of any violation of this Act by a creditor or by any other person not licensed in the District as an insurance agent, solicitor, or broker, regardless of the fact that such creditor or other person is not required by law to be so licensed, the penalties and the procedure for their imposition shall be as set forth in section 43 of the Act approved October 9, 1940, as amended (54 Stat. 1082; sec. 35–1347, D.C. Code, 1951 ed.).
76 Stat. 585
judicial review Sec. 12. Any insurance company, agent, solicitor, or broker aggrieved by any order or action of the Superintendent under this Act may contest the validity of such order or action by appeal or through any other appropriate proceeding, in accordance with the procedures prescribed by sections 44 and 45 of the Act approved October 9, 1940, as amended (54 Stat. 1082; secs. 35–1348 and 35–1349, D.C. Code, 1951 ed.): Provided, That any such insurance company, agent, solicitor, or broker which is licensed in the District, under the Life Insurance Act approved June 19, 1934, as amended (48 Stat. 1127, et seq.; sec. 35–301, et seq., D.C. Code, 1951 ed.), may contest the validity of such order or action by appeal or through any other appropriate proceeding in accordance with the procedures prescribed by such Act approved June 19, 1934.
effect of reorganization plan numbered 5 of 1952 Sec. 13. Nothing in this Act shall be construed so as to affect the authority vested in the Commissioners by Reorganization Plan Numbered 5 of 1952 (66 Stat. 824). The performance of any function

D. C. Code title 1 app.

vested by this Act in the Commissioners or in any office or agency under the jurisdiction and control of said Commissioners may be delegated by said Commissioners in accordance with section 3 of such plan.
effective date Sec. 14. This Act shall take effect ninety days after its approval. Approved September 25, 1962.
 Public Law 87–687: To correct certain land descriptions in the Act entitled “An Act to declare that the United States holds in trust for the pueblos of Santa Ana, Zia, Jemez, San Felipe, Santo Domingo, Cochiti, Isleta, and San Ildefonso certain public domain lands”. Public Law 687 Public Law 87–687 76 Stat. 585 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–687
AN ACT To correct certain land descriptions in the Act entitled “An Act to declare that the United States holds in trust for the pueblos of Santa Ana, Zia, Jemez, San Felipe, Santo Domingo, Cochiti, Isleta, and San Ildefonso certain public domain lands”.

September 25, 1962

[S. 2696]

 Be it enacted the Senate and House of Representatives of the United States of America in Congress assembled,
That section 7 of the

Indian pueblos, N. Mex.

Land descriptions, correction.

Act entitled “An Act to declare that the United States holds in trust for the pueblos of Santa Ana, Zia, Jemez, San Felipe, Santo Domingo, Cochiti, Isleta, and San Ildefonso certain public domain lands”, approved September 14, 1961 (75 Stat. 500), is amended by striking

75 Stat. 504.

out— “Township 8 north, range 2 east: “Section 4, lots 1, 2, 3, 4, 13, 14, 15, and 16, south half north half; “Section 6, lots 1, 2, 12, 13, 14, and 15, northeast quarter east half northwest quarter.”

and inserting in lieu thereof

“Township 8 north, range 1 east: “Section 4, lots 1, 2, 3, 4, 13, 14, 15, and 16, south half north half; “Section 6, lots 1, 2, 12, 13, 14, and 15, northeast quarter, east half northwest quarter.”
Approved September 25, 1962.
Public Law 87–688: To extend the application of certain laws to American Samoa. Public Law 688 Public Law 87–688 76 Stat. 586 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 586 Public Law 87–688
AN ACT To extend the application of certain laws to American Samoa.

September 25, 1962

[H. R. 10062]

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

American Samoa.

Application of certain laws, extension.
That, upon request of the Secretary of the Interior— (a) the head of any Federal department, agency, or corporation may, notwithstanding any other provision of law, extend to American Samoa, without reimbursement, such scientific, technical, and other assistance under any program which it administers as, in the judgment of the Secretary of the Interior, will promote the welfare of American Samoa. The provisions of the preceding sentence shall not apply to financial assistance under any grant-in-aid program. The Secretary of the Interior shall not request assistance pursuant to this subsection which will involve nonreimbursable costs as estimated for him in advance by the heads of the departments, agencies, and corporations concerned in excess of an aggregate of $150,000 in any one fiscal year; (b) the Secretary of Agriculture may extend to American Samoa the benefits of the National School Lunch Act (60 Stat. 230), as amended (42 U.S.C. 1751 et seq.); and (c) the Secretary of Health, Education, and Welfare may extend to American Samoa the benefits of the Vocational Education Act of 1946 (60 Stat. 775; 20 U.S.C. 15i et seq.), the Library Services Act (70 Stat. 293; 20 U.S.C. 351 et seq.), the Hospital Survey and Construction Act (Act of August 13, 1946; 60 Stat. 1040; 42 U.S.C. 291 et seq.), and section 314 of the Public Health Service Act (58 Stat. 693; 42 U.S.C. 246), all as amended.
vocational education Sec. 2. (a) American Samoa shall be entitled to share in the benefits of the Vocational Education Act of 1946 (20 U.S.C. 15i et seq.), and any Act amendatory thereof or supplementary thereto, upon the same terms and conditions as any of the several States. There is hereby authorized to be appropriated, for the fiscal year ending June 30, 1962, and annually thereafter, the sum of $80,000, to be available for allotment to American Samoa under such Act and the modifications hereinafter provided. (b) Sums appropriated under the authority of subsection (a) of this section shall be allocated for vocational education in (1) agriculture, (2) home economics, (3) trades and industries, and (4) distributive occupations, in the proportion which the amount authorized to lie appropriated under paragraphs (1), (2), (3), and (4), respectively,

60 Stat. 775.

20 USC 15j.

of section 3 of the Vocational Education Act of 1946, bears to the sum of such amounts except insofar, as the Commissioner of Education, with the approval of the Secretary of Health, Education, and Welfare, deems it necessary to modify said proportions to meet special conditions existing in American Samoa. (c) The provisions of section 3, section 7, and section 8(b) of the

20 USC 15j, 15o, 15p.

Vocational Education Act of 1946, shall apply to sums appropriated under this section with such modifications as the Commissioner of Education, with the approval of the Secretary of Health, Education, and Welfare, shall deem necessary to meet special conditions existing in American Samoa. (d) In addition to the sums authorized to be appropriated under

20 USC 15q.

section 9 of the Vocational Education Act of 1946, there are hereby 76 Stat. 587authorized to be appropriated such additional sums as may be necessary to carry out the provisions of this section, such sums to be expended for the same purposes and in the same manner as provided in section 7 of the Act of February 23, 1917 (20 U.S.C. 15).

39 Stat. 933.
national school lunch act Sec. 3. (a) The National School Lunch Act (42 U.S.C. 1751 et seq.)

60 Stat. 230.

is amended by inserting “American Samoa,” after “Guam,” wherever appearing in such Act, except that after “the apportionment for Guam,” in section 4, such Act is amended by inserting the following

66 Stat. 591.

42 USC 1753.

: “the apportionment for American Samoa,”. (b) The amendments made by this section shall be applicable only

Applicability.

with respect to funds appropriated after the date of enactment of this Act.
public health service act Sec. 4. (a) The Public Health Service Act (42 U.S.C. 201 et seq.)

58 Stat. 682

is amended as follows: (1) in section 314 strike out subsection (1) and insert in lieu

70 Stat. 910.

42 USC 246.

thereof the following: “(l) Except as otherwise provided in this subsection the provisions of this section shall be applicable to Guam and American Samoa in the same manner in which they apply to the States. Amounts paid to Guam or American Samoa from its allotment under subsection (a), (b), (c), or (e) of this section, together with matching funds of Guam or American Samoa, respectively, may, with the approval of the Surgeon General, be expended in carrying out the purposes specified in any such subsection or subsections other than the one under which the allotment was made.”; (2) in subsections (a) and (d) of section 631 insert “American

42 USC 2911.

Samoa,” after “Guam,”; and (3) in sections 624 and 652 insert a comma and “American

42 USC 291g, 291t.

Samoa,” after “Virgin Islands”. (b) The amendments made by this section shall become effective

Effective date.

July 1, 1962.
library services act Sec. 5. (a) The Library Services Act (20 U.S.C. 351 et seq.) is

70 Stat. 293.

amended as follows: (1) in subsection (a) of section 4 strike out “and to the Virgin

20 USC 353, 355.

Islands” and insert in lieu thereof a comma and “American Samoa, and the Virgin Islands”; (2) in subsection (a) of section 6 strike out “and of Guam” and insert in lieu thereof a comma and “American Samoa, or Guam”; and (3) in the remainder of such Act insert “American Samoa,” after “Guam,” wherever appearing therein. (b) The amendments made by this section shall become effective

Effective date.

July 1, 1962.
Approved September 25, 1962.
Public Law 87–689: To amend section 2 of the Act of July 31, 1947 (61 Stat. 681), and for other purposes. Public Law 689 Public Law 87–689 76 Stat. 587 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–689
AN ACT To amend section 2 of the Act of July 31, 1947 (61 Stat. 681), and for other purposes.

September 25, 1962

[H. R. 9280]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2 of the

Materials on public lands.

Sale.

Act of July 31, 1947 (61 Stat. 681; 30 U.S.C. 602), is hereby amended to read as follows: 76 Stat. 588
“Sec. 2. (a) The Secretary shall dispose of materials under this Act to the highest responsible qualified bidder after formal advertising and such other public notice as he deems appropriate: Provided, however, That the Secretary may authorize negotiation of a contract for the disposal of materials if— “(1) the contract is for the sale of less than two hundred fifty thousand board-feet of timber; or, if “(2) the contract is for the disposal of materials to be used in connection with a public works improvement program on behalf of a Federal, State, or local governmental agency and the public exigency will not permit the delay incident to advertising; or, if “(3) the contract is for the disposal of property for which it is impracticable to obtain competition. “(b)

Report to Congress.

A report shall be made to Congress on January 1 and July 1 of each year of the contracts made under clauses (2) and (3) of subsection (a) during the period since the date of the last report. The report shall— “(1) name each purchaser; “(2) furnish the appraised value of the material involved; “(3) state the amount of each contract; “(4) describe the circumstances leading to the determination that the contract should be entered into by negotiation instead of competitive bidding after formal advertising.”
Sec. 2.

Repeal.

The Act of March 4, 1913 (37 Stat. 1015), as amended by the Act of July 3, 1926 (44 Stat. 890; 16 U.S.C. 614–615), is hereby repealed. Rights and liabilities existing under that Act on the date of the enactment of this Act shall not be affected thereby.
Approved September 25, 1962.
Public Law 87–690: To provide for the relief of certain enlisted members of the Coast Guard. Public Law 690 Public Law 87–690 76 Stat. 588 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–690
AN ACT To provide for the relief of certain enlisted members of the Coast Guard.

September 25, 1962

[H. R. 12459]

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

Coast Guard.

Relief of enlisted members.
That all payments of basic allowance for subsistence heretofore made to enlisted members of the Coast Guard who were assigned to the Coast Guard air detachments located at New Orleans, Louisiana; Biloxi, Mississippi; or Corpus Christi, Texas, during the period beginning on July 1, 1958, and ending on May 23, 1961, and which are otherwise correct, are validated to the extent that those allowances were paid because the military commander concerned determined that no Government mess was available to those enlisted members under section 310 of the Career

63 Stat. 812; 69 Stat. 538.

Compensation Act of 1949, as amended (37 U.S.C. 251). Any enlisted member who has made a repayment to the United States of the amount so paid to him as a basic allowance for subsistence is entitled to be paid the amount involved, if otherwise proper.
Sec. 2.

Relief of certifying officers.

The Comptroller General of the United States, or his designee, shall relieve authorized certifying officers of the Coast Guard from accountability or responsibility for any payments described in the first section of this Act, and shall allow credits in the settlement of the accounts of those officers for payments which are found to be free from fraud and collusion.
Sec. 3. Appropriations available to the United States Coast Guard for the pay and allowances of military personnel are available for payments under this Act.
Approved September 25, 1962.
Public Law 87–691: To amend provisions of law relating to personal property coming into the custody of the property clerk, Metropolitan Police Department, and for other purposes. Public Law 691 Public Law 87–691 76 Stat. 589 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 589 Public Law 87–691
AN ACT To amend provisions of law relating to personal property coming into the custody of the property clerk, Metropolitan Police Department, and for other purposes.

September 25, 1962

[S. 3317]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 413

D. C.

Metropolitan Police Dept.

Personal property.

55 Stat. 185.

of the Revised Statutes of the United States relating to the District of Columbia, as amended (sec. 4–156, D.C. Code, 1961 edition), is amended by adding thereto the following subsection: “(e) Whenever the owner of property in the custody of the property clerk has been notified by the property clerk, by registered or certified mail, to take possession of such property within thirty days after the date of mailing of such notification, and such owner fails so to do within such period, such property shall be thereafter treated as other unclaimed, abandoned, or lost property and shall be disposed of as provided in section 417 of this chapter: Provided, That if, in the

Post, p. 591.

opinion of the property clerk, such property has no salable value, and if within thirty days after the date of mailing such notification such property is not reclaimed by its owner and removed by him from the custody of the property clerk, such property shall be disposed of by destruction or otherwise, as the Commissioners of the District of Columbia by regulation or order shall provide.”
Sec. 2. Section 416 of the Revised Statutes of the United States relating to the District of Columbia, as amended (sec. 4–159, D.C. Code, 1961 edition), is amended to read as follows:
“Sec. 416. (a) All property or money taken on suspicion of having

Feloniously obtained property.

been feloniously obtained, or of being the proceeds of crime, and for which there is no other claimant than the person from whom such property was taken, and all lost property coming into possession of any member of the police force, and all property and money taken from pawnbrokers as the proceeds of crime or from persons alleged to be insane, intoxicated, or otherwise incapable of taking care of themselves, shall be transmitted as soon as practicable to the property clerk to be fully registered and advertised for the benefit of all parties interested, and for the information of the public as to the amount and disposition of the property so taken into custody by the police. “(b) (1) Whenever any money or property of a deceased person of

Deceased persons’ property.

a value of less than $1,000 coming into the custody of the property clerk shall remain in his custody for a period of six months or more without being claimed and repossessed by the next of kin or the legal representative of such deceased person, such money or property shall be disposed of as lost or abandoned property as provided in section 417 of this chapter: Provided, That prior to the disposition of such

Post, p. 591.

property of a deceased person it shall be the duty of the property clerk to ascertain whether there is pending in the United States District Court for the District of Columbia any petition seeking the appointment of a legal representative of such deceased person, and, if such a petition is pending in such court, the property clerk shall not dispose of such property until final disposition by the court of such petition: Provided further, That in any case where the property clerk acquires actual knowledge that a petition for the appointment of a legal representative of such deceased person has been filed or is pending in a court outside of the District of Columbia, the property clerk shall not dispose of such property until final disposition by the court of such petition. “(b) (2) Whenever any money or property of a deceased person shall be of a value of $1,000 or more and shall have remained in the 76 Stat. 590custody of the property clerk for at least six months, all records pertaining to the same shall be referred by the property clerk to the Corporation Counsel of the District of Columbia for the purpose of instituting appropriate proceedings to effect the appointment of an administrator of the estate of such decedent: Provided, That upon expiration of the time for final settlement of such estate under law then in effect, the residue thereof in the absence of any claim by the heirs-at-law or next of kin of the decedent, as provided by law, shall be deposited into the Registry of the Probate Court, and upon the expiration of a period of three years, no demand having been made upon such funds by lawful heirs or other rightful claimants, the amount so deposited in such registry shall be deposited in the Treasury to the credit of the District of Columbia: Provided further, That if the administrator does not take possession of such property within three months front the date of his appointment, the property clerk may, after giving such administrator thirty days’ notice by registered or certified mail, sell such property at public auction, and, after deducting the expenses of such sale, and expense incident to the maintenance of custody of such property, shall pay the remaining proceeds of such sale over to such administrator. “(c)

Insane persons’ property.

Whenever the property clerk has custody of any property belonging to any person who has been adjudged of unsound mind and a committee has been appointed for such person but fails to take possession of the property of such person in the custody of the property clerk within six months from the date of such committees appointment, the property clerk shall give such committee sixty days’ notice by registered or certified mail of his intention to sell such property at public auction or otherwise dispose of such property in accordance with law. If, upon the expiration of such sixty days’ notice, the committee has not taken custody of such property, (a) the property clerk is authorized to sell such property at public auction, and, after deducting the expenses of the sale, expenses incident to the maintenance and custody of such property, and any amounts due the District of Columbia for care and maintenance of the adjudicated patient, shall pay the remaining proceeds of the sale over to such committee, or (b) if in the opinion of the property clerk any such property has no salable value, he is authorized to dispose of such property by destruction or otherwise as the Commissioners of the District of Columbia shall, by regulation or order, determine. “(d) (1)

Storage.

The said Commissioners are authorized, in their discretion, to store in any commercial warehouse or garage in the District of Columbia, or in or on any facility under the jurisdiction of the District of Columbia, any property coming into the custody of the property clerk pursuant to this chapter, including vehicles impounded by any officer or member of the Metropolitan Police force. “(2)

Fees.

The Commissioners are authorized to fix, by regulation, the fees to be charged to reimburse the District of Columbia for the cost of services rendered by the Metropolitan Police force in taking custody of and protecting such property and for the cost of storing such property in any commercial warehouse or garage, and whenever any such property is stored in or on any facility under the jurisdiction of the District of Columbia, the Commissioners shall fix the storage fee in an amount reasonably estimated by them to be the value of the storage service rendered for each day during which such property is so stored, and to collect all such fees due and owing for such property before releasing such property to its owner or his legal representative: Provided, That the Commissioners are authorized, in their discretion, to waive the charging and collecting of such fees for property taken into custody as evidence, the proceeds of crime, or from persons sup-76 Stat. 591posed to be insane: Provided further, That the property clerk is authorized to sell at public auction pursuant to subsection (a) of section 417 of this chapter any property stored in a commercial garage

Infra.

or warehouse, when the storage charges for such property exceed 75 per centum of its value as determined by the property clerk, regardless of the amount of time for which such property is required by other sections of this chapter to be held by the property clerk. “(3) Fees collected by reason of this section shall be deposited in the Treasury to the credit of the District of Columbia.”
Sec. 3. Subsections (a), (b), and (c) of section 306 of the Act

Repeal.

approved June 29, 1953 (67 Stat. 101, ch. 159), are hereby repealed.
Sec. 4. Section 417 of the Revised Statutes of the United States

Sale at public auction.

relating to the District of Columbia, as amended (sec. 4–160, D.C. Code, 1961 edition), is amended to read as follows:
“Sec. 417. (a) All property, except perishable property and animals and property of insane persons, not otherwise disposed of in accordance with section 416 of this chapter, that shall remain in the

Supra.

custody of the property clerk for not less than ninety days, except motor vehicles which shall be held for not less than sixty days, without being claimed and repossessed, shall, after having been three times advertised in a daily newspaper of general circulation published in the District of Columbia, be sold at public auction, and the proceeds of such sale, after deducting the expenses of the sale, and all other expenses incident to such custody, having been retained by the said property clerk for a period of at least ninety days without being claimed and repossessed, shall be deposited in the Treasury to the credit of the District of Columbia: Provided, That if in the opinion of the property clerk any such property has no salable value, he is authorized to dispose of such property by destruction or otherwise as the Commissioners of the District of Columbia shall, by order or regulation, determine. “(b) Whenever the property clerk shall have in his custody any

Motor vehicles.

motor vehicle upon which there is a lien or liens of record in the Office of the Recorder of Deeds of the District of Columbia he shall, prior to the sale thereof pursuant to this section, notify by registered or certified mail each lienor and lienee in any such case of such custody and impending sale, and if such lienor or lienee fail to remove such property from the custody of the property clerk within thirty days from the date of the mailing of such notification, such lien or liens shall be considered to have been abandoned, and shall be thenceforth null and void. Upon being notified in writing of such fact by the property clerk, the Recorder of Deeds of the District of Columbia is authorized to indicate on his records that such lien or liens are thenceforth null and void and the property clerk is authorized to sell any such motor vehicle at public auction free and clear of such lien or liens; except that the proceeds of such sale shall be available, first, for the payment of all expenses incident to such sale and custody; second, for the payment of such liens so declared null and void; third, for payment to the owner in accordance with subsection (a) of this section; and the remainder, if any, shall be deposited in the Treasury of the United States to the credit of the District of Columbia. “(c) All money, except money of insane persons, that shall remain in the custody of the property clerk for six months shall be so advertised, and if not claimed and repossessed within thirty days, it shall likewise be deposited in the Treasury to the credit of the District of Columbia.”
Sec. 5. Neither the government of the District of Columbia nor any

Liability for damage.

officer or employee thereof shall be liable for damage to any property 76 Stat. 592resulting from the removal of such property from public space, or the transportation of such property into the custody of the property clerk, Metropolitan Police Department, nor for damage to any such property while such property is in the custody of the property clerk, Metropolitan Police Department, when such custody is maintained pursuant to the requirements of law, except that the government of the District of Columbia or any such officer or employee may be liable for damage to such property as a result of gross negligence in the removal, transportation, or storage of such property: Provided, That should a judgment be entered for the District of Columbia against any commercial warehouseman or garagekeeper for damage to such property in his care, recovery on such judgment, less all administrative expenses and court costs to the District of Columbia involved in such litigation, shall be paid by the District of Columbia to the owner of the damaged property as determined by the property clerk. For the purpose of

“Gross negligence.”

this section the term “gross negligence” means a willful intent to injure property, or a reckless or wanton disregard of the rights of another in his property.
Sec. 6. Nothing in this Act shall be construed so as to affect the authority vested in the Board of Commissioners of the District of

D. C. Code title 1 app.

Columbia by Reorganization Plan Numbered 5 of 1952 (66 Stat. 824). The performance of any function vested by this Act in the Board of Commissioners or in any office or agency under the jurisdiction and control of said Board of Commissioners may be delegated by said Board of Commissioners in accordance with section 3 of such plan.
Approved September 25, 1962.
Public Law 87–692: To amend title III of the Public Health Service Act to authorize grants for family clinics for domestic agricultural migratory workers, and for other purposes. Public Law 692 Public Law 87–692 76 Stat. 592 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–692
AN ACT To amend title III of the Public Health Service Act to authorize grants for family clinics for domestic agricultural migratory workers, and for other purposes.

September 25, 1962

[S. 1130]

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

Public health.

Migratory workers.

58 Stat. 691.

42 USC 241–242g.
That title III of the Public Health Service Act (42 U.S.C., ch. 6A, subch. II) is amended by inserting at the end of part A thereof the following new section:
“grants for family health service clinics for domestic agricultural migratory workers “Sec. 310. There are hereby authorized to be appropriated for the fiscal year ending June 30, 1963, the fiscal year ending June 30, 1964, and the fiscal year ending June 30, 1965, such sums, not to exceed $11,000,000 for any year, as may be necessary to enable the Surgeon General (1) to make grants to public and other nonprofit agencies, institutions, and organizations for paying part of the cost of (i) establishing and operating family health service clinics for domestic agricultural migratory workers and their families, including training persons to provide services in the establishing and operating of such clinics, and (ii) special projects to improve health services for and the health conditions of domestic agricultural migratory workers and their families, including training persons to provide health services for or otherwise improve the health conditions of such migratory workers and their families, and (2) to encourage and cooperate in programs for the purpose of improving health services for or otherwise improving the health conditions of domestic agricultural migratory workers and their families.”
Approved September 25, 1962.
Public Law 87–693: To provide for the recovery from tortiously liable third persons of the coat of hospital and medical care and treatment furnished by the United States. Public Law 693 Public Law 87–693 76 Stat. 593 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 593 Public Law 87–693
AN ACT To provide for the recovery from tortiously liable third persons of the coat of hospital and medical care and treatment furnished by the United States.

September 25, 1962

[H. R. 298]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) in any

Hospital and medical care, third party liability.

case in which the United States is authorized or required by law to furnish hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) to a person who is injured or suffers a disease, after the effective date of this Act, under circumstances creating a tort liability upon some third person (other than or in addition to the United States and except employers of seamen treated under the provisions of section 322 of the Act of July 1, 1944 (58 Stat. 696), as amended (42 U.S.C. 249)) to pay damages therefor, the United States shall have a right to recover from said third person the reasonable value of the care and treatment so furnished or to be furnished and shall, as to this right be subrogated to any right or claim that the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors has against such third person to the extent of the reasonable value of the care and treatment so furnished or to be furnished. The head of the department or agency of the United States furnishing such care or treatment may also require the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors, as appropriate, to assign his claim or cause of action against the third person to the extent of that right or claim. (b) The United States may, to enforce such right, (1) intervene

Legal proceedings.

or join in any action or proceeding brought by the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors, against the third person who is liable for the injury or disease; or (2) if such action or proceeding is not commenced within six months after the first day in which care and treatment is furnished by the United States in connection with the injury or disease involved, institute and prosecute legal proceedings against the third person who is liable for the injury or disease, in a State or Federal court, either alone (in its own name or in the name of the injured person, his guardian, personal representative, estate, dependents, or survivors) or in conjunction with the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors. (c) The provisions of this section shall not apply with respect to

Veterans’ treatment, exception.

hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) furnished by the Veterans’ Administration to an eligible veteran for a service-connected disability under the provisions of chapter 17 of title 38, United States Code.

72 Stat. 1140; Ante, p. 381.

38 USC 601–643.

Regulations.
Sec. 2. (a) The President may prescribe regulations to carry out this Act, including regulations with respect to the determination and establishment of the reasonable value of the hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) furnished or to be furnished. (b) To the extent prescribed by regulations under subsection (a),

Settlement provisions.

the head of the department or agency of the United States concerned may (1) compromise, or settle and execute a release of, any claim which the United States has by virtue of the right established by section 1; or (2) waive any such claim, in whole or in part, for the convenience of the Government, or if he determines that collection would result in undue hardship upon the person who suffered the injury or disease resulting in care or treatment described in section 1. 76 Stat. 594 (c) No action taken by the United States in connection with the rights afforded under this legislation shall operate to deny to the injured person the recovery for that portion of his damage not covered hereunder.
Sec. 3. This Act does not limit or repeal any other provision of law providing for recovery by the United States of the cost of care and treatment described in section 1.
Sec. 4.

Effective date.

This Act becomes effective on the first day of the fourth month following the month in which enacted.
Approved September 25, 1962.
Public Law 87–694: To repeal section 557 and to amend section 559 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901. Public Law 694 Public Law 87–694 76 Stat. 594 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–694
AN ACT To repeal section 557 and to amend section 559 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901.

September 25, 1962

[H. R. 12689]

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

D. C.

Commissioners of deeds, appointment provisions, deletion.
That section 557 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901 (31 Stat. 1189, 1279; D.C. Code, sec. 1–401) is repealed.
Sec. 2. Section 559 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901 (31 Stat. 1189, 1279; D.C. Code, sec. 1–402, 1–502), is amended by striking out “commissioners of deeds and”.
Approved September 25, 1962.
Public Law 87–695: To provide for the use of lauds in the Garrison Dam project by the Three Affiliated Tribes of the Fort Berthold Reservation. Public Law 695 Public Law 87–695 76 Stat. 594 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–695
AN ACT To provide for the use of lauds in the Garrison Dam project by the Three Affiliated Tribes of the Fort Berthold Reservation.

September 25, 1962

[S. 1161]

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

Indians.

Grazing privileges, Garrison Dam project, N. Dak.
Subject to the right of the United States to occupy, use, and control the lands acquired by the United States within the Fort Berthold Reservation for the construction, operation, and maintenance of the Garrison Dam and Reservoir project pursuant to the Flood Control Act of 1944, approved

58 Stat. 887.

33 USC 701–1 et seq.

December 22, 1944, and amendatory laws, as determined necessary by the Secretary of the Army adequately to serve said purposes, the Three Affiliated Tribes of the Fort Berthold Reservation shall be permitted to graze stock without charge on such former Indian land as the Secretary of the Army determines is not devoted to other beneficial uses, and to lease such land for grazing purposes to members or non-members of the tribes on such terms and conditions as the Secretary of the Interior may prescribe. The foregoing grant of grazing privileges shall be subject to rights under existing grazing leases and permits.
Approved September 25, 1962.
Public Law 87–696: To declare that certain lands of the United States are held by the United States in trust for the Jicarilla Apache Tribe of the Jicarilla Reservation. Public Law 696 Public Law 87–696 76 Stat. 595 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 595 Public Law 87–696
AN ACT To declare that certain lands of the United States are held by the United States in trust for the Jicarilla Apache Tribe of the Jicarilla Reservation.

September 25, 1962

[S. 2971]

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

That all right, title,

Indians.

Jicarilla Apache Tribe, N. Mex.

Trust lands.

and interest of the United States in and to the following described lands, containing 7.00 acres, more or less, situated within the Jicarilla Apache Indian Reservation in the State of New Mexico, are hereby declared to be held by the United States in trust for the Jicarilla Apache Tribe of the Jicarilla Reservation, New Mexico, subject to a reservation of the right of the United States to use so much of such lands, together with all facilities now thereon or hereafter installed by the United States, as shall in the opinion of the Secretary of the Interior be needed for the administration of the affairs of the tribe, and subject to a reservation in the United States of a right-of-way across any part of such lands which the Secretary of the Interior deems desirable in connection with the administration of the affairs of the tribe:

Township 30 north, range 1 west, New Mexico principal meridian (surveyed): Beginning at corner numbered 1 from which the southwest corner of section 15, township 30 north, range 1 west, New Mexico principal meridian, Rio Arriba County (surveyed), bears due south a distance of 11.142 chains and due west a distance of 15.651 chains; thence from corner numbered 1 due north a distance of 7.071 chains to corner numbered 2; thence due east a distance of 7.071 chains to corner numbered 3; thence due south a distance of 7.071 chains to corner numbered 4; thence due west a distance of 7.071 chains to the point of beginning, containing 5 acres, more or less.

Township 31 north, range 2 west, New Mexico principal meridian (surveyed): Beginning at corner numbered 1 from which the southwest corner of section 29, township 31 north, range 2 west, New Mexico principal meridian, Rio Arriba County (surveyed), bears due south a distance of 21.471 chains and due west a distance of 23.138 chains; thence from corner numbered 1 due west a distance of 3.162 chains to corner numbered 2; thence due north a distance of 3.162 chains to corner numbered 3; thence due east a distance of 3.162 chains to corner numbered 4; thence due south a distance of 3.162 chains to the point of beginning, containing 1 acre, more or less.

Also beginning at corner numbered 1 from which the southwest corner of section 29, township 31 north, range 2 west, New Mexico principal meridian, Rio Arriba County (surveyed), bears due south a distance of 26.043 chains and due west a distance of 23.138 chains; thence from corner numbered 1 due north a distance of 3.162 chains to corner numbered 2; thence due east a distance of 3.162 chains to corner numbered 3; thence due south a distance of 3.162 chains to corner numbered 4; thence due west a distance of 3.162 chains to the point of beginning, containing 1 acre, more or less.

Sec. 2. The Indian Claims Commission is directed to determine in accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed

25 USC 70a.

by this Act should or should not be set off against any claim against the United States determined by the Commission.
Approved September 25, 1962.
Public Law 87–697: To provide for a reduction in the workweek of the Fire Department of the District of Columbia, and for other purposes. Public Law 697 Public Law 87–697 76 Stat. 596 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 596 Public Law 87–697
AN ACT To provide for a reduction in the workweek of the Fire Department of the District of Columbia, and for other purposes.

September 25, 1962

[S. 3086]

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

D. C. Fire Dept.

Reduction in workweek.
That paragraph (a) of subsection (a) of section 2 of the Act entitled “An Act to amend the Act entitled ‘An Act to classify the officers and members of the Fire Department of the District of Columbia, and for other purposes’,

34 Stat. 314.

approved June 20, 1906, and for other purposes”, approved June 19, 1948 (62 Stat. 498), as amended (sec. 4–404a(a), D.C. Code, 1961 edition),

75 Stat. 830.

Workweek.

is amended to read as follows: “(a) (1) Beginning with the first day of the first pay period which begins not less than one hundred and twenty days after enactment of this amendatory subsection or which begins on or after July 1, 1962, whichever is later, the Commissioners or the District of Columbia are authorized and directed to establish a workweek for officers and members of the Firefighting Division of the Fire Department of the District of Columbia which will result in an average workweek of not to exceed forty-eight hours during an administratively established workweek cycle which the Commissioners are hereby authorized to establish from time to time.”
Sec. 2. (a) Paragraphs (b), (c), (d), (e), and (f) of subsection (a) of section 2 of such Act approved June 19, 1948 (62 Stat. 498), as amended (sec. 4–404a(a), D.C. Code, 1961 edition), are hereby redesignated as paragraphs (2), (3), (4), (5), and (6), respectively. (b) Paragraph (c) of subsection (a) of section 2 of such Act approved June 19, 1948, as amended, and redesignated as paragraph (3) by this section, is amended by striking therefrom the period and

Temporary services.

inserting in lieu thereof a colon and the following: “Provided, That notwithstanding the provisions of this subsection, the Commissioners of the District of Columbia or their designated agent or agents may, whenever the exigencies of the Fire Department require temporary or short-term services of one or more officers or members, order such officer, officers, member, or members to perform such services.”
Sec. 3.

Computation of pay.

75 Stat. 832.

Clause (E) of subsection (b) of section 405 of the District of Columbia Police and Firemen’s Salary Act of 1953 (67 Stat. 76), as amended (sec. 4–821, D.C. Code, 1961 edition), is amended to read as follows: “(E) In the case of the Firefighting Division of the Fire Department of the District of Columbia— “(i) a biweekly rate shall be divided by two to derive a weekly rate; “(ii) the weekly rate shall be divided by the number of workdays in the average established workweek to arrive at a daily rate; “(iii) a daily rate shall be divided by two to derive a one-half daily rate; and “(iv) an hourly rate shall be determined by dividing the daily rate of pay by twelve, except for the purpose of computation of holiday pay.”
Sec. 4. (a)

Annual leave.

Accrual.

In lieu of the annual leave to which officers and members of the Firefighting Division of the Fire Department of the District of Columbia are entitled under the provisions of section 203(a) of the

5 USC 2062.

Annual and Sick Leave Act of 1951 (65 Stat. 679), as amended, such 76 Stat. 597officers and members shall be entitled to annual leave which shall accrue as follows: (1) Four and eight-tenths hours for each full biweekly pay period in the case of officers and members with less than three years’ service; (2) Seven and five-tenths hours for each full biweekly pay period in the case of officers and members with three but less than fifteen years’ service; (3) Nine and six-tenths hours for each biweekly pay period in the case of officers and members with fifteen years’ or more service. (b) Accumulated annual leave to the credit of each officer and member of such Firefighting Division shall be adjusted by applying a four-fifths factor so that each officer and member of such Firefighting Division shall be given credit for four-fifths of a day of leave for each day of such accumulated annual leave, and thereafter accumulated annual leave credited to him pursuant to the Annual and Sick Leave Act of 1951, as amended, shall be similarly adjusted when an

5 USC 2061 note.

officer or member is transferred to the Firefighting Division from another agency or from another division of the Fire Department. (c) When an officer or member of such Firefighting Division is transferred to another agency or to another division of the Fire Department, whose employees are entitled to annual leave with pay pursuant to the Annual and Sick Leave Act of 1951, as amended, the reverse of the formula in subsection (b) shall be applied for the purpose of adjusting accumulated annual leave. (d) For computation on an hourly basis, all adjusted days of annual

Computation on hourly basis.

leave or fractions thereof, as provided in subsections (b) and (c) of this section, and days of sick leave shall be multiplied by twelve to determine the number of hours of annual or sick leave to which each such officer or member of such Firefighting Division shall be entitled, and the number of hours of annual or sick leave shall be divided by twelve to determine the number of days, or fraction thereof, of annual or sick leave to which such officer or member of such Firefighting Division shall be entitled. (e) Notwithstanding any provision in any other law, the amount of

Effective date.

annual leave accumulated on the effective date of this Act, if thirty days or more, shall, upon conversion to the new total in accordance with this section, be the maximum accumulation authorized: Provided, That if the amount of annual leave accumulated before the conversion is less than thirty days on the effective date of this Act, then, after conversion to the new total, leave which is not used shall accumulate for use in succeeding years until it totals no more than twenty-four days at the beginning of the first complete biweekly pay period.
Sec. 5. This Act shall take effect on the first day of the first pay period which begins not less than one hundred and twenty days alter its enactment, or on or after the first day of the first pay period which begins on or after July 1, 1962, whichever is later.
Approved September 25, 1962.
Public Law 87–698: To amend the Act of August 27, 1954 (68 Stat. 868) with respect to the Uintah and Ouray Reservation in Utah. Public Law 698 Public Law 87–698 76 Stat. 597 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–698
AN ACT To amend the Act of August 27, 1954 (68 Stat. 868) with respect to the Uintah and Ouray Reservation in Utah.

September 25, 1962

[S. 1924]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 10 of

Indians.

Uintah and Ouray Reservation, Utah.

Stock.

25 USC 6771.

the Act of August 27, 1954 (68 Stat. 868) is amended by adding at the end thereof the following: 76 Stat. 598

“The stock of any corporation organized by the mixed-blood group for the purpose of empowering the officers of such corporation to act as the authorized representatives of said mixed-blood group in the joint management with the tribe and in the distribution and unadjudicated or unliquidated claims against the United States, all gas, oil, and mineral rights of every kind, and all other assets not susceptible to equitable and practicable distribution shall not be subject to mortgage, pledge, hypothecation, levy, execution, attachment or other similar process, while such stock remains in the ownership of the original stockholder or his heirs or legatees, but the interest of stockholders in any distribution by such corporation shall be subject to the usual processes of the law.”

Approved September 25, 1962.
Public Law 87–699: To amend section 128 of title 28, United States Code, to constitute Richland, Washington, a place of holding court for the eastern district of Washington, southern division, and to waive section 142 of title 28, United States Code, with respect to the United States District Court for the Eastern District of Washington, southern division, holding court at Richland, Washington. Public Law 699 Public Law 87–699 76 Stat. 598 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–699
AN ACT To amend section 128 of title 28, United States Code, to constitute Richland, Washington, a place of holding court for the eastern district of Washington, southern division, and to waive section 142 of title 28, United States Code, with respect to the United States District Court for the Eastern District of Washington, southern division, holding court at Richland, Washington.

September 25, 1962

[S. 1307]

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

District court.

Richland, Wash.

62 Stat. 894.
That the second section of section 128(a)(2) of title 28, United States Code, is hereby amended to read as follows:

“Court for the southern division shall be held at Yakima, Walla Walla, and Richland”;

That the limitations and restrictions contained in section 142, title 28, United States Code, shall be waived insofar as pertains to holding court by the United States District Court for the Eastern District of Washington, southern division, at Richland, Washington.

Approved September 25, 1962.
Public Law 87–700: To relieve owners of abutting property from certain assessments in connection with the repair of alleys and sidewalks in the District of Columbia. Public Law 700 Public Law 87–700 76 Stat. 598 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–700
AN ACT To relieve owners of abutting property from certain assessments in connection with the repair of alleys and sidewalks in the District of Columbia.

September 25, 1962

[S. 3315]

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

D. C.

Assessment of property, relief in certain cases.
That the second sentence in the second paragraph under the caption “assessment and permit work” in the first section of the Act entitled “An Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes”, approved August 7, 1894 (28 Stat. 247), as amended (sec. 7–608, D.C. Code, 1961 edition), is amended by striking “said property” and inserting in lieu thereof “said property: Provided, That no such assessment shall be levied against abutting property for the cost of repairing alleys or sidewalks when the damage requiring such repair is caused by the growth of roots of trees on public space or the cause of such damage is otherwise beyond the control of the owner of such property”.
Sec. 2. The amendment made by the first section of this Act shall apply to repairs to alleys or to sidewalks the completion of which repairs shall occur on or after the effective date of this Act.
Sec. 3.

Effective date.

This Act shall take effect ten days after its approval.
Approved September 25, 1962.
Public Law 87–701: To authorize appropriations for the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes. Public Law 701 Public Law 87–701 76 Stat. 599 1962-09-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 599 Public Law 87–701
AN ACT To authorize appropriations for the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes.

September 26, 1962

[H. R. 11974]

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

Atomic Energy Commission, appropriation.

Acquisition, etc., of property.

71 Stat. 274.

42 USC 2017.
Sec. 101. Plant or Facility Acquisition or Construction.—There is hereby authorized to be appropriated to the Atomic Energy Commission in accordance with the provisions of section 261a (1) of the Atomic Energy Act of 1954, as amended, the sum of $159,415,000 for acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, as follows: (a) Special Nuclear Materials.— Project 63–a–1, modifications to production and supporting installations, $5,000,000. Project 63–a–2, modifications to facilities for conversion of UNH to UF4, $1,450,000. Project 63–a–3, radioactive waste disposal facilities, Hanford, Washington, $3,700,000. (b) Special Nuclear Materials.— Project 63–b–1, consolidated service facility, Hanford, Washington, $955,000. Project 63–b–2, additional high level waste storage tanks, Savannah River, South Carolina, $6,000,000. Project 63–b–3, health physics headquarters addition, Savannah River, South Carolina, $1,000,000. Project 63–b–4, emergency duty personnel shelters, various sites, $4,000,000. (c) Atomic Weapons.— Project 63–c–1, weapons production, development, and test installations, $10,000,000. Project 63–C–2, addition to special metallurgical facility, Mound Laboratory, Miamisburg, Ohio, $540,000. Project 63–C–3, production plant addition, Mound Laboratory, Miamisburg, Ohio, $300,000. Project 63–c–4, hydraulic centrifuge installation, Sandia Base, New Mexico, $700,000. Project 63–C–5, specialized plant additions and modifications, phase II, Oak Ridge, Tennessee, $2,200,000. Project 63–C–6, pulsed power research facility, Lawrence Radiation Laboratory, California, $1,950,000. Project 63–C–7, gamma irradiation facility, Sandia Base, New Mexico, $650,000. Project 63–c–8, dynamic test complex, Lawrence Radiation Laboratory, California, $265,000. Project 63–c–9, nondestructive test facility, Oak Ridge, Tennessee, $510,000. Project 63–c–10, processing facilities, Rocky Flats, Colorado, $3,000,000. (d) Atomic Weapons.— Project 63–d–1, terminal facilities—115 kilovolt power line, Los Alamos Scientific Laboratory, New Mexico, $1,950,000. Project 63–d–2, environmental control facilities, phase III, Kansas City, Missouri, $l,200,000. Project 63–d–3, engineering building addition, Lawrence Radiation Laboratory, California, $4,000,000.76 Stat. 600 Project 63–d–4, model shop addition (Sandia), Livermore, California, $820,000. Project 63–d–5, engineering model shop, Kansas City, Missouri, $1,000,000. Project 63–d–6, improvement of United States Highway 95—Las Vegas, Nevada, to the Nevada test site, $9,000,000. (e) Reactor Development.— Project 63–e–1, housing for lithium cooled reactor experiment, $5,000,000. Project 63–e–2, modifications to reactors, $5,000,000. Project 63–e–3, organic reactor project, $20,000,000. Project 63–e–4, research and development test plants for Project Rover, $10,000,000. Project 63–e–5, modifications and additions, CANEL, Middletown, Connecticut, $1,400,000. (f) Reactor Development.— Project 63–f–1, cafeteria, Argonne National Laboratory, Illinois, $1,500,000. (g) Physical Research.— Project 63–g–1, accelerator improvements, Lawrence Radiation Laboratory, California, $750,000. Project 63–g–2, accelerator improvements, Cambridge and Princeton accelerators, $800,000. Project 63–g–3, accelerator improvements, Argonne National Laboratory, Illinois, $500,000. Project 63–g–4, accelerator and reactor additions and modifications, Brookhaven National Laboratory, New York, $2,250,000. (h) Physical Research.— Project 63–h–1, low level radiochemistry laboratory, Hanford, Washington, $1,200,000. Project 63–h–2, inorganic materials laboratory, Lawrence Radiation Laboratory, California, $2,500,000. Project 63–h–3, corporation yard, Lawrence Radiation Laboratory, California, $1,500,000. Project 63–h–4, mathematics and computer building, Argonne National Laboratory, Illinois, $2,300,000. Project 63–h–5, building addition for physics and mathematics, Brookhaven National Laboratory, New York, $5,000,000. Project 63–h–6, water treatment plant, Brookhaven National Laboratory, New York, $1,000,000. (i) Biology and Medicine.— Project 63–i–1, biological research laboratory additions, Oak Ridge National Laboratory, Tennessee, $930,000. (j) Isotopes Development.— Project 63–j–1, isotopes technology laboratory, Oak Ridge National Laboratory, Tennessee, $390,000. Project 63–j–2, marine products development irradiator, $600,000. Project 63–j–3, two mobile irradiators, $700,000. (k) Community.— Project 63–k–1, White Rock Elementary School, Los Alamos, New Mexico, $600,000. Project 63–k–2, real estate development, Los Alamos, New Mexico, $600,000. Project 63–k–3, additional water well, Los Alamos, New Mexico, $165,000. (l) General Plant Projects.— $34,540,000.
Sec. 102. Limitations.—(a) The Commission is authorized to start any project set forth in subsections 101 (a), (c), (e), and (g), only 76 Stat. 601if the currently estimated cost of that project does not exceed by more than 25 per centum the estimated cost set forth for that project. (b) The Commission is authorized to start any project set forth in subsections 101 (b), (d), (f), (h), (i), (j), and (k), only if the currently estimated cost of that project does not exceed by more than 10 per centum the estimated cost set forth for that project. (c) The Commission is authorized to start a project under subsection 101(1) only if it is in accordance with the following: 1. For community operations, the maximum currently estimated cost of any project shall be $100,000 and the maximum currently estimated cost of any building included in such project shall be $10,000. 2. For all other programs, the maximum currently estimated cost of any project shall be $500,000 and the maximum currently estimated cost of any building included in such a project shall be $100,000. 3. The total cost of all projects undertaken under subsection 101(1) shall not exceed the estimated cost set forth in that subsection by more than 10 per centum.
Sec. 103. Advanced Planning and Design.—There are hereby authorized to be appropriated funds for advance planning, construction design, and architectural services, in connection with projects which are not otherwise authorized by law, and the Atomic Energy Commission is authorized to use funds currently or otherwise available to it for such purposes.
Sec. 104. Restoration or Replacement.—There are hereby authorized to be appropriated funds necessary to restore or to replace plants or facilities destroyed or otherwise seriously damaged, and the Atomic Energy Commission is authorized to use funds currently or otherwise available to it for such purposes.
Sec. 105. Currently Available Funds.—In addition to the sums authorized to be appropriated to the Atomic Energy Commission by section 101 of this Act, there are hereby authorized to be appropriated to the Atomic Energy Commission to accomplish the purposes of this Act such sums of money as may be currently available to the Atomic Energy Commission.
Sec. 106. Substitution.—Funds authorized to be appropriated or otherwise made available by this Act may be used to start any other new project for which an estimate was not included in this Act if it be a substitute for a project or portion of a project authorized in subsections 101 (a), (b), (c), and (d) and the estimated cost thereof is within the limit of cost or the project for which substitution is to be made, and the Commission certifies that— (a) the project is essential to the common defense and security; (b) the new project is required by changes in weapon characteristics or weapon logistic operations; and (c) it is unable to enter into a contract with any person, including a licensee, on terms satisfactory, to the Commission to furnish from a privately owned plant or facility the product or services to be provided in the new project.
Sec. 107. Amendment of Prior Year Acts.—(a) Section 101 of Public Law 86–50 is amended by striking therefrom the figure

73 Stat. 81.

“$165,400,000” and substituting therefor the figure “$172,900,000”. (b) Section 101(g) of Public Law 86–50 is amended by striking

73 Stat. 82.

therefrom “Project 60–g–3, transuranium laboratory, Oak Ridge National Laboratory, Tennessee, $1,200,000” and substituting therefor “Project 60–g–3, transuranium processing plant, Oak Ridge National Laboratory, Tennessee, $8,700,000”. 76 Stat. 602 (c)

75 Stat. 676.

Section 101 of Public Law 87–315 is amended as follows: (1) by striking therefrom the figure “$3,000,000” for project 62–a–5, additional reactor confinement, Savannah River, South Carolina, and substituting therefor the figure “$12,000,000”; (2) by striking therefrom the figure “$7,500,000” for project 62–c–1, weapons production, development, and test installations, and substituting therefor the figure “$15,000,000”; (3) by striking therefrom the figure “$1,000,000”

75 Stat. 677.

for project 62–i–3, controlled environment laboratory, Brookhaven National Laboratory, New York, and substituting therefor the figure “$1,800,000”; and (4) by striking therefrom the figure “$700,000” for project 62–i–4, animal bioradiological laboratory, Lawrence Radiation Laboratory, California, and substituting therefor the figure “$980,000”. (d)

72 Stat. 490.

Section 101 of Public Law 85–590 is amended by striking therefrom the figure “$386,679,000” and substituting therefor the figure “$436,879,000”.
Sec. 108.

73 Stat. 82.

 Rescissions.—(a) Public Law 86–50, as amended, is further amended by rescinding therefrom authorization for a project, except for funds heretofore obligated, as follows:

Project 60–e–14, experimental low-temperature process heat reactor, $4,000,000.

 (b)

73 Stat. 85.

Section 111 of Public Law 86–50 is rescinded.
Sec. 109. Cooperation With European Atomic Energy Community.—There is hereby authorized to be appropriated to the Atomic Energy Commission, in accordance with the provisions of section

71 Stat. 274.

42 USC 2017.

261a(2) of the Atomic Energy Act of 1954, as amended, the sum of $5,000,000, in addition to the sum of $10,000,000 previously authorized, which shall be available for carrying out the purposes of section

72 Stat. 1084.

42 USC 2292.

3 of Public Law 85–846, providing for cooperation with the European Atomic Energy Community.
Sec. 110. Cooperative Power Reactor Demonstration Program.—(a)

71 Stat. 409; 75 Stat. 679.

Section 111 of Public Law 85–162, as amended, is further amended by striking out the date “June 30, 1962” in clause (3) of subsection (a) and inserting in lieu thereof the date “June 30, 1963”. (b) There is hereby authorized to be appropriated to the Atomic Energy Commission the sum of $3,000,000 to be available, in addition to the funds heretofore authorized, for carrying out the Commission’s power reactor demonstration program in accordance with the terms

73 Stat. 84, 86.

and conditions provided in sections 110 and 112 of Public Law 86–50. (c) Funds authorized and appropriated to the Commission and authorized waivers of the Commission’s use charges, available for the third round of the Commission’s power reactor demonstration program, shall also be available to the Commission for use in a supplemental program of third round cooperative arrangements in accordance with the criteria heretofore submitted to the Joint Committee on Atomic Energy and in accordance with the provisions of subsections

71 Stat. 409; 72 Stat. 493.

111 (b) and (f) of Public Law 85–162. Under any such arrangements the Commission may furnish funds for design assistance without regard to the provisions of section 169 of the Atomic Energy Act of

68 Stat. 952.

42 USC 2209.

1954. No funds or waiver of use charges made available by this section shall be available for projects heretofore approved under the power reactor demonstration program or for other nuclear power projects already under construction. (d) Funds authorized and appropriated to the Commission and authorized waivers of the Commission’s use charges, available in support of unsolicited proposals from the utility industry to construct nuclear powerplants, shall also be available to the Commission for use in a cooperative arrangement with any person or persons for participation in a nuclear reactor project to generate electricity, process 76 Stat. 603heat, or both. Any such arrangement shall be entered into in accordance with the criteria for the third round of the Commission’s power reactor demonstration program, including the provisions of section 111(b) of Public Law 85–162: Provided, however, That under any

71 Stat. 409.

such arrangement the Commission may furnish funds for design assistance without regard to the provisions of section 169 of the Atomic Energy Act of 1954.

68 Stat. 952.

42 USC 2209.
Sec. 111. Organic Reactor Project.—(a) The Commission is authorized to enter into cooperative arrangements with any person or persons for participation in the development, design, construction, and operation of an organic reactor authorized under project 63–e–3 of section 101(e) of this Act, and the utilization of the steam generated

Ante, p. 600.

by the reactor plant. Under such arrangements— (1) the Commission is authorized to obtain the participation of such person or persons to the fullest extent consistent with the Commission’s direction of the project and ownership of the reactor; (2) the reactor plant may be constructed upon a site provided by a participating party with or without compensation; (3) the reactor plant shall be operated by, or under contract with, the Commission, for such period of time as the Commission determines to be advisable for research and development purposes and for such additional period as the Commission may determine to be necessary in the best interest of the Government. Upon the expiration of such period, the Commission may offer the reactor plant and its appurtenances for sale to a participating party or parties at a price to reflect appropriate depreciation, but not to include construction costs assignable to research and development, or the Commission may dismantle the reactor plant and its appurtenances; (4) the Commission may sell steam to a participating party at rates based upon the present cost of, or the projected cost of, comparable steam from a plant using conventional fuels at the reactor location; and (5) any steam sold shall be used for industrial, manufacturing, or other commercial purposes, including the generation of electric power for use by a participating party, or for research and development related thereto, but shall not be used for the generation or electric power for sale by a participating party. The participating party or parties shall provide facilities required for such utilization of the steam generated by the nuclear plant. (b) Before the Commission enters into any arrangement or amendment thereto under the authority of subsection (a) of this section, the basis for the arrangement or amendment thereto which the Commission proposes to execute (including the name of the proposed participating party or parties with whom the arrangement is to be made, a general description of the proposed powerplant, the estimated amount of cost to be incurred by the Commission and by the participating parties, and the general features of the proposed arrangement or amendment) shall be submitted to the Joint Committee, and a

Review by Joint Committee.

period of forty-five days shall elapse while Congress is in session (in computing such forty-five days, there shall be excluded the days on which either House is not in session because of adjournment for more than three days): Provided, however, That the Joint Committee, after having received the basis for a proposed arrangement or amendment thereto, may by resolution in writing waive the conditions of, or all or any portion of, such forty-five day period: Provided further, That such arrangement or amendment shall be entered into in accordance with the basis for the arrangement or amendment submitted as 76 Stat. 604provided herein: And provided further, That no basis for arrangement need be resubmitted to the Joint Committee for the sole reason that the estimated amount of the cost to be incurred by the Commission exceeds the estimated cost previously submitted to the Joint Committee by not more than fifteen per centum. (c) In the event no satisfactory proposal for a cooperative arrangement is received, the Commission may, if the project is still deemed desirable, proceed with design, construction, and operation of such a reactor plant at a Commission installation. The electric energy generated shall be used by the Commission in connection with the operation of such installation and the provisions of section 112 of Public Law

73 Stat. 86.

Conditions.

86–50 shall be applicable to this project.
Sec. 112. (a) The Commission is not authorized— (1) to enter into any arrangements for the construction or operation of electric generating and transmission facilities at the Hanford New Production Reactor, or (2) to sell any byproduct energy produced incident to the operation of the reactor and is directed to withhold from beneficial use and dissipate such byproduct energy, or (3) to enter into agreements, as part of such arrangements, to lease or contract for the operation of the reactor during periods when the reactor is not being operated or maintained for production or other Commission purposes, unless and until the Commission shall make the determinations required by subsection (b). (b)

Determinations.

Before entering into any arrangement or sale of the type described in subsection (a), the Commission shall make the following determinations: (1) Useable byproduct energy will be produced incident to the production of special nuclear material in the reactor in accordance with the design of the reactor as originally authorized by Congress; (2) The sale of byproduct energy could provide a substantial financial return to the United States Treasury for the benefit of the taxpayers; (3) The national defense posture would be improved by the enhanced capability for resumption of special nuclear material production through non-Federal operation and maintenance of the reactor during periods when it is not being operated for special nuclear material production. (c) All expenses of modifications of the Hanford New Production Reactor made at the request of a non-Federal entity, and all expenses of constructing and operating the electric energy generating and transmission facilities at the New Production Reactor, shall be borne by such non-Federal entity. (d) Any losses to the Bonneville Power Administration, in connection with the arrangements or sales authorized herein, shall be borne by its system customers through rate adjustments. (e) The Commission shall not enter into any arrangements for the sale of byproduct energy from the Hanford New Production Reactor unless it determines that the purchaser has offered fifty per cent participation to private organizations and fifty per cent participation to public organizations on a non-discriminatory basis in the sale of electric energy generated therewith. (f)

Congressional authorization.

No Federal agency may acquire the generating facilities without prior Congressional authorization and in the event of such authorization the generating facilities shall be acquired subject to contracts then in existence for disposition of the electric energy produced by the facilities. 76 Stat. 605 (g) Before the Commission enters into any arrangements pursuant to this section, the basis for such arrangements and the determinations required by subsection (b), with supporting data, shall be submitted to the Joint Committee on Atomic Energy and a period of forty-five

Review by Joint Committee.

days shall elapse: Provided, however, That the Joint Committee, after having received such documents, may, by majority concurrence in writing, waive the conditions of or all or any portion of such forty-five day period.
Approved September 26, 1962.
Public Law 87–702: To provide for the coinage of a medal in recognition of the distinguished services of Sam Rayburn, Speaker of the House of Representatives. Public Law 702 Public Law 87–702 76 Stat. 605 1962-09-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–702
JOINT RESOLUTION To provide for the coinage of a medal in recognition of the distinguished services of Sam Rayburn, Speaker of the House of Representatives.

September 26, 1962

[S. J. Res. 133]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That, in recognition of the

Sam Rayburn.

Gold medal.

distinguished public service and outstanding contribution to the general welfare of Sam Rayburn, Speaker of the House of Representatives, the Secretary of the Treasury is authorized and directed to cause to be struck and presented to the estate of the late Speaker Sam Rayburn a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary, but to include the phrase “For services rendered to the people of the United States”. There is authorized to be appropriated the sum of $2,500 to carry out the purposes of this section.
Sec. 2. The Secretary of the Treasury is authorized and directed to cause duplicates in bronze of such medal to be struck and sold, under such regulations as he may prescribe, at a price sufficient to cover the cost thereof (including labor). The proceeds of the sale of such bronze medals shall be reimbursed to the appropriation then current for the expenditure of the Bureau of the Mint chargeable for the cost of the manufacture of medals.
Approved September 26, 1962.
Public Law 87–703: To improve and protect farm income, to reduce costs of farm programs to the Federal Government, to reduce the Federal Government’s excessive stocks of agricultural commodities, to maintain reasonable and stable prices of agricultural commodities and products to consumers, to provide adequate supplies of agricultural commodities for domestic and foreign needs, to conserve natural resources, and for other purposes. Public Law 703 Public Law 87–703 76 Stat. 605 1962-09-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–703
AN ACT To improve and protect farm income, to reduce costs of farm programs to the Federal Government, to reduce the Federal Government’s excessive stocks of agricultural commodities, to maintain reasonable and stable prices of agricultural commodities and products to consumers, to provide adequate supplies of agricultural commodities for domestic and foreign needs, to conserve natural resources, and for other purposes.

September 27, 1962

[H. R. 12391]

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

Food and Agriculture Act of 1962.

be cited as the “Food and Agriculture Act of 1962”.
<num value="I">TITLE I—</num><heading class="inline">LAND-USE ADJUSTMENT</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <chapeau>The Soil Conservation and Domestic Allotment Act (49 <sidenote><p class="firstIndent1 fontsize8">Soil Conservation and Dome a tic Allotment Act, amendments.</p></sidenote>Stat. 163), as amended, is further amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by repealing subsections (b), (c), (d), (e), (f), and (g) of section 7; <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/1148">49 Stat. 1148</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s590g">16 USC 590g</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s590h">16 USC 590h</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by repealing subsection (a) of section 8;</content> </paragraph> <page identifier="/us/stat/76/606">76 <inline class="smallCaps">Stat</inline>. 606</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by amending the first sentence of subsection (b) of section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/31">52 Stat. 31</ref>.</p></sidenote>8 of said Act, as amended, by striking out the language “<quotedText>Subject to the limitations provided in subsection (a) of this section, the</quotedText>” and inserting in lieu thereof the word “<quotedText>The</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num><content>by adding a new subsection at the end of section 16 of said <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/1151">49 Stat. 1151</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s590p">16 USC 590p</ref>.</p></sidenote>Act to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e) </num><paragraph class="inline"><num value="1">(1) </num><content>For the purpose of promoting the conservation and economic use of land, the Secretary, without regard to the foregoing provisions of this Act, except those relating to the use of the services of State and local committees, is authorized to enter into agreements, to be carried out during such period not to exceed ten years as he may determine, with farm and ranch owners and operators providing for changes in cropping systems and land uses and for practices or measures to be carried out primarily on any lands owned or operated by them and regularly used in the production of crops (including crops such as tame hay, alfalfa, and clovers, which do not require annual tillage, and including lands covered by conservation reserve contracts <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/191/195">70 Stat. 191–195</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1831/1837">7 USC 1831–1837</ref>.</p></sidenote>under subtitle B of the Soil Bank Act) for the purpose of conserving and developing soil, water, forest, wildlife, and recreation resources. Such agreements shall include such terms and conditions as the Secretary may deem desirable to effectuate the purposes of this subsection and may provide for payments, the furnishing of materials and services, and other assistance in amounts determined by the Secretary to be fair and reasonable, in consideration of the obligations undertaken by the farm and ranch owners and operators and the rights acquired by the Secretary: <proviso><i>Provided</i>, That agreements for the establishment of tree cover may not provide for annual payments with respect to such land for a period in excess of five years.</proviso></content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>No agreement shall be entered into under this subsection covering land with respect to which the ownership has changed in the two year period preceding the first year of the contract period unless (a) the new ownership was acquired by will or succession as a result of the death of the previous owner, (b) the land becomes a part of an existing farm or ranch, or (c) the land is combined with other land as a farming or ranching enterprise which the Secretary determines will effectuate the purposes of the program: <proviso><i>Provided</i>, That this provision shall not prohibit the continuation of an agreement by a new owner after an agreement has once been entered into under this subsection.</proviso></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers, including provision for sharing, on a fair and equitable basis, in payments under this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The Secretary may agree to such modification of agreements previously entered into as he may determine to be desirable to carry out the purposes of this subsection or to facilitate the practical administration of the program carried out pursuant to this subsection.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>The Secretary shall issue such regulations as he determines necessary to carry out the provisions of this subsection.</content> </paragraph> <page identifier="/us/stat/76/607">76 <inline class="smallCaps">Stat</inline>. 607</page> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>Notwithstanding any other provision of law, the Secretary, to the extent he deems it desirable to carry out the purposes of this subsection, may provide in any agreement hereunder for (A) preservation for a period not to exceed the period covered by the agreement and an equal period thereafter of the cropland, crop acreage, and allotment history applicable to land covered by the agreement for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation on the production of such crop; or (B) surrender of any such history and allotments.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>There is hereby authorized to be appropriated such sums as may be necessary to carry out this subsection. The Secretary is authorized to utilize the facilities, services, authorities, and funds of the Commodity Credit Corporation in discharging his functions and responsibilities under this subsection including payment of costs of administration for the program authorized under this subsection: <proviso><i>Provided</i>, That after June 30, 1963, the Commodity Credit Corporation shall not make any expenditures for carrying out the purposes of this subsection unless the Corporation has received funds to cover such expenditures from appropriations made to carry out the purposes of this subsection. The Secretary shall not enter into agreements hereunder which would require payments, the furnishing of materials and services, and other assistance, in amounts in excess of $10,000,000 for any calendar year, except that the Secretary may enter into agreements hereunder with respect to hinds previously covered by conservation reserve contracts which would require payments, the furnishing of materials and services, and other assistance, in an additional amount for the calendar year 1963 not exceeding $15,000,000.”</proviso></content> </paragraph></subsection> </quotedContent></content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>by adding a new subsection at the end of section 16 of said Act to read as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s590p">16 USC 590p</ref>; <i>Ante</i>, p. 606.</p></sidenote> <quotedContent> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <content>The Secretary is authorized to use the services, facilities, and authorities of Commodity Credit Corporation for the purpose of making disbursements to producers under programs formulated pursuant to sections 8 and 16(e) of this Act: <proviso><i>Provided</i>, That no such disbursements <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s590h">16 USC 590h</ref>.</p></sidenote>shall be made by Commodity Credit Corporation unless it has received funds to cover the amount thereof from appropriations available for the purpose of carrying out such programs.”</proviso></content></subsection> </quotedContent></content></paragraph></section> <section class="firstIndent1 fontsize10"><num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><subsection class="inline"><num value="a">(a) </num><content>Section 31 of title III of the Bankhead-Jones Farm <sidenote><p class="firstIndent1 fontsize8">Bankhead-Jones Farm Tenant Act, amendments.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1010">7 USC 1010</ref>.</p></sidenote>Tenant Act (50 Stat. 525), as amended, is amended by striking out “<quotedText>including the retirement of lands which are submarginal or not primarily suitable for cultivation,</quotedText>” and by inserting following “<quotedText>natural resources,</quotedText>” the phrase “<quotedText>protecting fish and wildlife,</quotedText>” and by striking out the period at the end thereof and inserting “<quotedText>, but not to build industrial parks or establish private industrial or commercial enterprises.</quotedText>”</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Subsection (a) of section 32 of title III of the Bankhead-Jones <sidenote><p class="firstIndent1 fontsize8">Repeal.</p></sidenote>Farm Tenant Act, as amended, is repealed. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/50/526">50 Stat. 526</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1011">7 USC 1011</ref>.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 32(e) of title III of the Bankhead-Jones Farm Tenant Act, as amended, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>to cooperate With Federal, State, territorial, and other public agencies in developing plans for a program of land con-<page identifier="/us/stat/76/608">76 <inline class="smallCaps">Stat</inline>. 608</page>serration and land utilization, to assist in carrying out such plans by means of loans to State and local public agencies designated by the State legislature or the Governor, to conduct surveys and investigations relating to conditions and factors affecting, and the methods of accomplishing most effectively the purposes of this title, and to disseminate information concerning these activities. Loans to State and local public agencies shall be made only if such plans have been submitted to, and not disapproved within 45 days by, the State agency having supervisory responsibility over such plans, or by the Governor if there is no such State agency. No appropriation shall be made for any single loan under this subsection in excess of $250,000 unless such loan has been approved by resolutions adopted by the Committee on Agriculture and Forestry of the Senate and the Committee on Agriculture of the House of Representatives. Loans under this subsection shall be made under contracts which will provide, under such terms and conditions as the Secretary deems appropriate, for the repayment thereof in not more than 30 years, with interest at the average, rate, as determined by the Secretary of the Treasury, payable by the Treasury on its marketable public obligations outstanding at the beginning of the fiscal year in which the loan is made, which are neither due nor callable for redemption for 15 years from date of issue. Repayment of principal and interest on such loans shall begin within 5 years.”</content> </subsection> </quotedContent></content></subsection></section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><sidenote><p class="firstIndent1 fontsize8">Watershed Protection and Flood Prevention Act, amendments.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/254">74 Stat. 254</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s1004">16 USC 1004</ref>.</p></sidenote><chapeau class="inline">The Watershed Protection and Flood Prevention Act (68 Stat. 666), as amended, is amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Paragraph (1) of section 4 of said Act is amended by changing the semicolon at the end thereof to a colon and adding the following: “<quotedText><proviso><i>Provided</i>, That when a local organization agrees to operate and maintain any reservoir or other area included in a plan for public fish and wildlife or recreational development, the Secretary shall be authorized to bear not to exceed one-half of the costs of (a) the land, easements, or rights-of-way acquired or to be acquired by the local organization for such reservoir or other area, and (b) minimum basic facilities needed for public health and safety, access to, and use of such reservoir or other area for such purposes:</proviso> <proviso><i>Provided further</i>, That the Secretary shall be authorized to participate in recreational development in any watershed project only to the extent that the need therefor is demonstrated in accordance with standards established by him, taking into account the anticipated man-days of use of the projected recreational development and giving consideration to the availability within the region of existing water-based outdoor recreational developments:</proviso> <proviso><i>Provided further</i>, That the Secretary shall be authorized to participate in not more than one recreational development in a watershed project containing less than seventy-five thousand acres, or two such developments in a project containing between seventy-five thousand and one hundred and fifty thousand acres, or three such developments in projects exceeding one hundred and fifty thousand acres:</proviso> <proviso><i>Provided further</i>, That when the Secretary and a local organization have agreed that the immediate acquisition by the local organization of land, easements, or rights-of-way is advisable for the preservation of sites for works of improvement included in a plan from encroachment by residential, commercial, industrial, or other development, the Secretary shall be authorized to advance to the local organization from funds appropriated for construction of works of improvement the amounts required for the acquisition of such land, easements or rights-of-way; and, except where such <page identifier="/us/stat/76/609">76 <inline class="smallCaps">Stat</inline>. 609</page>costs are to be borne by the Secretary, such advance shall be repaid by the local organization, with interest, prior to construction of the works of improvement, for credit to such construction funds.</proviso></quotedText>”</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Clause (A) of paragraph 2 of section 4 of said Act is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/1088">70 Stat. 1088</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s1004">16 USC 1004</ref>.</p></sidenote>amended to read as follows: “<quotedText>(A) such proportionate share, as is determined by the Secretary to be equitable in consideration of national needs and assistance authorized for similar purposes under other Federal programs, of the costs of installing any works of improvement, involving Federal assistance (excluding engineering costs), which is applicable to the agricultural phases of the conservation, development, utilization, and disposal of water or for fish and wildlife or recreational development, and</quotedText>”.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content>Clause (B) of paragraph 2 of section 4 of the Watershed Protection and Flood Prevention Act (68 Stat. 666), as amended, is amended to read as follows: <quotedContent> <subparagraph class="firstIndent1 fontsize10"><num value="B">“(B) </num><content>all of the cost of installing any portion of such works applicable to other purposes except that any part of the construction cost (including engineering costs) applicable to flood prevention and features relating thereto shall be borne by the Federal Government and paid for by the Secretary out of funds appropriated for the purposes of this Act: <proviso><i>Provided</i>, That, in addition to and without limitation on the authority of the Secretary to make loans or advancements under section 8, the Secretary may pay for any storage of water for anticipated <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s1006a">16 USC 1006a</ref>.</p></sidenote>future demands or needs for municipal or industrial water included in any reservoir structure constructed or modified under the provisions of this Act not to exceed 30 per centum of the total estimated cost of such reservoir structure where the local organization gives reasonable assurances, and there is evidence, that such demands for the use of such storage will be made within a period of time which will permit repayment of the cost of such water supply storage within the life of the reservoir structure:</proviso> <proviso><i>Provided further</i>, That the local organization shall agree prior to initiation of construction or modification of any reservoir structure including such water supply storage to repay the cost of such water supply storage for anticipated future demands:</proviso> <proviso><i>And provided further</i>, That the entire amount of the cost paid by the Secretary for such water supply storage for anticipated future demands shall be repaid within the life of the reservoir structure but in no event to exceed fifty years after the reservoir structure is first used for the storage of water for water supply purposes, except that (1) no repayment of the cost of such water supply storage for anticipated future demands need be made until such supply is first used, and (2) no interest shall be charged on the cost of such water supply storage for anticipated future demands until such supply is first used, but in no case shall the interest-free period exceed ten years. The interest rate used for purposes of computing the interest on the unpaid balance shall be determined in accordance with the provisions of section 8.”</proviso></content></subparagraph> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content>Section 5 of the Watershed Protection and Flood Prevention Act (68 Stat. 666), as amended, is amended to read as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/1089">70 Stat. 1089</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s1005">16 USC 1005</ref>.</p></sidenote> <quotedContent> <section class="firstIndent1 fontsize10"><num value="5"><inline class="smallCaps">“Sec</inline>. 5. </num><paragraph class="inline"><num value="1">(1) </num><content>At such time as the Secretary and the interested local organization have agreed on a plan for works of improvement, and the Secretary has determined that the benefits exceed the costs, and the local organization has met the requirements for participation in carrying out the works of improvement as set forth m section 4, the local organization may secure engineering and other services, including the design, preparation of contracts and specifications, awarding of contracts, and supervision of construction, in connection with such works of improvement, by retaining or employing a professional engi-<page identifier="/us/stat/76/610">76 <inline class="smallCaps">Stat</inline>. 610</page>neer or engineers satisfactory to the Secretary or may request the Secretary to provide such services: <proviso><i>Provided</i>, That if the local organization elects to employ a professional engineer or engineers, the Secretary shall reimburse the local organization for the costs of such engineering and other services secured by the local organization as are properly chargeable to such works of improvement in an amount not to exceed the amount agreed upon in the plan for works of improvement or any modification thereof:</proviso> <proviso><i>Provided further</i>, That the Secretary may advance such amounts as may be necessary to pay for such services, but such advances with respect to any works of improvement shall not exceed 5 per centum of the estimated installation cost of such works.</proviso></content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Except as to the installation of works of improvement on Federal lands, the Secretary shall not construct or enter into any contract for the construction of any structure.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Whenever the estimated Federal contribution to the construction cost of works of improvement in the plan for any watershed or subwatershed area shall exceed $250,000 or the works of improvement include any structure having a total capacity in excess of twenty-five hundred acre-feet, the Secretary shall transmit a copy of the plan and the justification therefor to the Congress through the President.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>Any plan for works of improvement involving an estimated Federal contribution to construction costs in excess of $250,000 or including any structure having a total capacity in excess of twenty-five hundred acre-feet (a) which includes reclamation or irrigation works or which affects public or other lands or wildlife under the jurisdiction of the Secretary of the Interior, (b) which includes Federal assistance for floodwater detention structures, shall be submitted to the Secretary of the Interior or the Secretary of the Army, respectively, for his views and recommendations at least thirty’ days prior to transmission of the plan to the Congress through the President. The views and recommendations of the Secretary of the Interior, and the Secretary of the Army, if received by the Secretary prior to the expiration of the above thirty-day period, shall accompany the plan transmitted by the Secretary to the Congress through the President.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>Prior to any Federal participation in the works of improvement under this Act, the President shall issue such rules and regulations as he deems necessary or desirable to carry out the purposes of this Act, and to assure the coordination of the work authorized under this Act and related work of other agencies, including the Department of the Interior and the Department of the Army.”</content> </paragraph></section> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content>The last proviso of section 7 of the Watershed Protection <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/131">74 Stat. 131</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s701b">33 USC 701b and note</ref>.</p></sidenote>and Flood Prevention Act, 68 Stat. 666, as amended, is amended to read as follows: <proviso>“<quotedText><i>Provided further</i>, That in connection with the eleven watershed improvement programs authorized by section 13 of the Act of December 22, 1944 (58 Stat. 887), as amended and supplemented, the Secretary of Agriculture is authorized to prosecute additional works of improvement for the conservation, development, utilization, and disposal of water in accordance with the provisions of section 4 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/667">68 Stat. 667</ref>; <ref href="/us/stat/70/1088">70 Stat. 1088</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s1004">16 USC 1004</ref>.</p></sidenote>of this Act or any amendments hereafter made thereto</quotedText>”.</proviso></content> </section> <num value="II">TITLE II—</num><heading class="inline">AGRICULTURAL TRADE DEVELOPMENT</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <chapeau>Title IV of the Agricultural Trade Development and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/610">73 Stat. 610</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1731/1736">7 USC 1731–1736</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1731">7 USC 1731</ref>.</p></sidenote>Assistance Act of 1954, as amended, is further amended as follows:</chapeau> <level class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Section 401 is amended by adding at the end thereof the following new sentence: “It is also the purpose of this title to stimulate and increase the sale of surplus agricultural commodities for dollars through long-term supply agreements and through <page identifier="/us/stat/76/611">76 <inline class="smallCaps">Stat</inline>. 611</page>the extension of credit for the purchase of such commodities, by agreements either with friendly nations or with the private trade, thereby assisting the development of the economies of friendly nations and maximizing dollar trade.</content> </level> <level class="firstIndent1 fontsize10"> <num value="2">(2) </num><chapeau>Section 402 is amended—</chapeau> <level class="firstIndent1 fontsize10"><num value="a">(a) </num> <content>by inserting “<quotedText>, including financial institutions acting <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/610">73 Stat. 610</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1732">7 USC 1732</ref>.</p></sidenote>in behalf of such nations,</quotedText>” after the words “<quotedText>friendly nations</quotedText>”; and</content> </level> <level class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>by adding at the end thereof the following: “<quotedText>In furtherance of the purpose of maximizing dollar sales through the private trade, the Secretary of Agriculture is authorized to enter into sales agreements with foreign and United States private trade under which he shall undertake to provide for the delivery of surplus agricultural commodities over such periods of time and under the terms and conditions set forth in this title. Any agreement entered into hereunder with the private trade shall provide for the furnishing of such security as the Secretary determines necessary to provide reasonable and adequate assurance of payment of the amount due for agricultural commodities sold pursuant to such agreement.</quotedText>”</content></level> </level> <level class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>Section 403 is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1733">7 USC 1733</ref>.</p></sidenote></chapeau> <level class="firstIndent1 fontsize10"><num value="a">(a) </num> <content>by deleting the words “<quotedText>approximately equal</quotedText>” from the last sentence thereof and substituting therefor the word “<quotedText>reasonable</quotedText>”; and</content> </level> <level class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>by inserting after the word “<quotedText>agreement</quotedText>” in the last sentence thereof the following: “<quotedText>, except that the date for beginning such annual payment may be deferred for a period not later than two years after such date of last delivery,</quotedText>”.</content></level></level> <level class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Section 405 is amended to read as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1735">7 USC 1735</ref>.</p></sidenote> <quotedContent> <section class="firstIndent1 fontsize10"> <num value="405"><inline class="smallCaps">“Sec</inline>. 405. </num> <content>In the case of such agreements, the Secretary may enter into agreements with other friendly and historic supplying nations of such commodities for their participation in the supply and assistance program herein authorized on a proportionate and equitable basis.</content></section> </quotedContent></content></level> <level class="firstIndent1 fontsize10"><num value="5">(5) </num><content>Section 406 is amended by inserting after the word “<quotedText>sections</quotedText>” <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1736">7 USC 1736</ref>.</p></sidenote>the following: “<quotedText>101 (b) and (c),</quotedText>”.</content></level></section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content>Section 416 of the Agricultural Act of 1949, as amended, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/438">68 Stat. 438</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1431">7 USC 1431</ref>.</p></sidenote>is further amended by inserting in clause (4) after the words “<quotedText>needy persons</quotedText>” the words “<quotedText>and in nonprofit school lunch programs</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content>Section 308 of the Agricultural Trade Development and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/609">73 Stat. 609</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1697">7 USC 1697</ref>.</p></sidenote>Assistance Act of 1954, as amended, is further amended by inserting after the words “<quotedText>needy persons</quotedText>” the words “<quotedText>and in nonprofit school lunch programs</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content>Section 9 of the Act of September 6, 1958 (Public Law 85–931), is amended by inserting after the words “<quotedText>needy persons</quotedText>” the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1792">72 Stat. 1792</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1431b">7 USC 1431b</ref>.</p></sidenote>words “<quotedText>and in nonprofit school lunch programs</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content>In any school feeding programs undertaken hereafter outside the United States pursuant to section 416 of the Agricultural Act of 1949, as amended, section 308 of Public Law 480 (83d Congress), as amended, and section 9 of the Act of September 6, 1958, as amended, the Secretary shall receive assurances satisfactory to him that, insofar as practicable, there will be student participation in the financing of such programs on the basis of ability to pay, and such programs shall be undertaken with the understanding that commodities will be available for those programs only in accordance with the provisions of such statutes and that commodities made available under section 416 of the Agricultural Act of 1949, as amended, will be available only in accordance with the priorities established in such section.</content> </section> 76 Stat. 612 <num value="III">TITLE III—</num><heading class="inline">COMMODITY PROGRAMS</heading> <subtitle><num value="A"><inline class="smallCaps">Subtitle A</inline>—</num><heading class="inline"><inline class="smallCaps">Feed Grains</inline></heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content>Section 105(c) of the Agricultural Act of 1949, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/6/301">75 Stat. 6, 301</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1441">7 USC 1441 note</ref>.</p></sidenote>amended, is amended by adding the following new paragraphs (5) and (6): <quotedContent> <paragraph class="firstIndent1 fontsize10"><num value="5">“(5) </num><content>The level of price support for the 1963 crop of corn shall be established by the Secretary at such level not less than 65 per centum of the parity price therefor as the Secretary may determine. Eighteen cents per bushel of the support price for corn, and a comparable portion of the support price for grain sorghums and barley shall be made available to producers through payments in kind. Such payments in kind shall be made on the number of bushels of such feed grain determined by multiplying the actual acreage of such feed grain planted on the farm for harvest in 1963 by the adjusted average yield per acre for the 1959 and 1960 crop acreage of such feed grain. Such payments in kind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for corn, grain sorghums, and barley (such feed grains to be valued by the Secretary at not less than the support price minus that part of the support price made available through payments in kind) and, notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of such certificates. In the case of any certificate not presented for redemption within 30 days of the date of its issuance, reasonable costs of storage and other carrying charges, as determined by the Secretary, for the period beginning 30 days after its issuance and ending with the date of its presentation for redemption shall be deducted from the value of the certificate. The Secretary shall provide for the sharing of such certificates among the producers on the farm on the basis of their respective shares in the crop produced on the farm with respect to which such certificates are issued, or the proceeds therefrom. If the operator of the farm elects to participate in the special agricultural conservation program for 1963 for corn, grain sorghums, and barley, price support shall be made available to the producers on such farm only if such producers divert from the production of such feed grains m accordance with the provisions of such program an acreage on the farm equal to the number of acres which such operator agrees to divert, and the agreement shall so provide.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>The Secretary shall require as a condition of eligibility for price support on the 1963 crop of corn, grain sorghums, and barley that the producer shall participate in the special agricultural conservation program for 1963 for corn, grain sorghums, and barley to the extent prescribed by the Secretary: <proviso><i>Provided</i>, That the Secretary may provide that no producer of malting barley shall be required as a condition of eligibility for price support for barley to participate in the special agricultural conservation program for 1963 if such producer has previously produced a malting variety of barley, plants barley only of an acceptable malting variety for harvest in 1963, does not knowingly devote an acreage on the farm to barley in excess of 110 per centum of the average acreage devoted on the farm to barley in 1959 and 1960, and does not knowingly devote an acreage on the farm to corn and grain sorghums in excess of the average acreage devoted on the farm to corn and grain sorghums in 1959 and 1960.”</proviso></content> </paragraph> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content>Section 16 of the Soil Conservation and Domestic Allotment <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/1151">49 Stat. 1151</ref>; <i>Ante</i>, p. 607.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s590p">16 USC 590p</ref>.</p></sidenote>Act, as amended, is amended by adding the following new subsection: <page identifier="/us/stat/76/613">76 <inline class="smallCaps">Stat</inline>. 613</page> <quotedContent> <subsection class="indent0 fontsize10"><num value="g">“(g) </num><chapeau>Notwithstanding any other provision of law’—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The Secretary shall formulate and carry out a special agricultural conservation program for 1963, without regard to provisions which would be applicable to the regular agricultural conservation program, under which, subject to such terms and conditions as the Secretary determines, conservation payments in amounts determined by the Secretary to be fair and reasonable shall be made to producers who divert acreage from the production of corn, grain sorghums, and barley to an approved conservation use and increase their average acreage of cropland devoted in 1959 and 1960 to designated soil-conserving crops or practices including summer fallow and idle land by an equal amount: <proviso><i>Provided</i>, That the Secretary may permit such diverted acreage to be devoted to the production of guar, sesame, safflower, sunflower, castor beans, and flax, when such crops are not in surplus supply and will not be in surplus supply if permitted to be grown on the diverted acreage, subject to the condition that payment with respect to diverted acreage devoted to any such crop shall be at a rate determined by the Secretary to be fair and reasonable, taking into consideration the use of such acreage for the production of such crops, but in no event shall the payment exceed one-half the rate which would otherwise be applicable if such acreage were devoted to conservation uses and no price support shall be made available for the production of any such crop on such diverted acreage. Such special agricultural conservation program shall require the producer to take such measures as the Secretary may deem appropriate to keep such diverted acreage free from erosion, insects, weeds, and rodents. The acreage eligible for payments in cash or in an equivalent amount in kind under such conservation program shall be an acreage equivalent to 20 per centum of the average acreage on the farm planted to corn, grain sorghums, and barley in the crop years 1959 and 1960 or up to twenty-five acres, whichever is greater. Payments in kind only may be made by the Secretary for the diversion of up to an additional 30 per centum of the average acreage on the farm planted to corn, grain sorghums, and barley, in the crop years 1959 and 1960. Payments may be made at the basic county support rate for the 1962 crop in effect at the time payment rates for the special feed grain program for 1963 are established, adjusted to reflect any changes between the national support rates for the 1962 and 1963 crops on an amount of the commodity not in excess of 50 per centum of the normal production of the acreage diverted from the commodity on the farm based on its adjusted average yield per acre for the 1959 and 1960 crop acreage. The Secretary may make such adjustments in acreage and yields for the 1959 and 1960 crop years as he determines necessary to correct for abnormal factors affecting production, and to give due consideration to tillable acreage, crop rotation practices, type of soil, soil and water conservation measures, and topography. The Secretary may also make such adjustments in yields as he determines necessary to reflect any increases in yields since the 1959 and 1960 crop years as the result of the adoption or the improvement of an irrigation system if such improvement or adoption of such irrigation system was made prior to the effective date of this sentence but such adjustment in yields shall apply only to payments with respect to acreage diverted pursuant to the requirements of section 105(c)(6) of the Agricultural Act of 1949, as amended. To the extent that a producer <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 612.</p></sidenote>proves the actual acreages and yields for the farm for the 1959 and 1960 crop years, such acreages and yields shall be used in <page identifier="/us/stat/76/614">76 <inline class="smallCaps">Stat</inline>. 614</page>making determinations. The Secretary may make not to exceed 50 per centum of any payments to producers in advance of determination of performance. Notwithstanding any other provision of this subsection (g)(1), barley shall not be included in the program for a producer of malting barley exempted pursuant to <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 612.</p></sidenote>section 105(c) (6) of the Agricultural Act of 1949 who participates only with respect to corn and grain sorghums and does not knowingly devote an acreage on the farm to barley in excess of 110 per centum of the average acreage devoted on the farm to barley in 1959 and 1960.</proviso></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>There are hereby authorized to be appropriated such amounts as may be necessary to enable the Secretary to carry out this section 16(g). Obligations may be incurred m advance of appropriations therefor and the Commodity Credit Corporation is authorized to advance from its capital funds such sums as may be necessary to pay administrative expenses in connection with such program during the fiscal year ending June 30, 1963, and to pay such costs as may be incurred in carrying out section 303 of the Food and Agriculture Act of 1962.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The Secretary shall provide by regulations for the sharing of payments under this subsection among producers on the farm on a fair and equitable basis and in keeping with existing contracts.”</content> </paragraph></subsection> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <content>Payments in cash shall be made by Commodity Credit Corporation and payments in kind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for feed grains (valued at not less than the support price minus that part of the support price made available through payments in kind) and, notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of such certificates at such time and in such manner as the Secretary determines will best effectuate the purposes of the special feed grain program for 1963 authorized by this Act. In the case of any certificate not presented for redemption within thirty days of the date of its issuance, reasonable costs of storage and other carrying charges, as determined by the Secretary, for the period beginning thirty days after its issuance and ending with the date of its presentation for redemption shall be deducted from the value of the certificate.</content> </section> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <content>Notwithstanding any other provision of law, the Secretary may place such limits on the extent that producers may participate in the special feed grain conservation program for 1963 authorized by this Act as he determines necessary because of an emergency created by drought or other disaster, or in order to prevent or alleviate a shortage in the supply of corn, grain sorghums, or barely.</content> </section> <section class="firstIndent1 fontsize10"> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <content>The Agricultural Act of 1949, as amended, is amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/994">72 Stat. 994</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1441">7 USC 1441 note</ref>.</p></sidenote>striking out subsection (a) of section 105 and inserting in lieu thereof the following: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/1051">63 Stat. 1051</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1441">7 USC 1441</ref>.</p></sidenote><content class="inline">Notwithstanding the provisions of section 101 of this Act, beginning with the 1964 crop, price support shall be made available to producers for each crop of corn at such level, not less than 50 per centum or more than 90 per centum of the parity price therefor, as the Secretary determines will not result in increasing Commodity Credit Corporation stocks of corn.”</content></subsection> </quotedContent></content> </section> </subtitle> <page identifier="/us/stat/76/615">76 <inline class="smallCaps">Stat</inline>. 615</page> <subtitle><num value="B"><inline class="smallCaps">Subtitle B</inline>—</num><heading class="inline"><inline class="smallCaps">Wheat</inline></heading> <section> <heading class="smallCaps centered">program for 1963</heading> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num> <paragraph class="inline"><chapeau>Price support for the 1963 crop of wheat shall be made available as provided in section 101 of the Agricultural Act of 1949, as amended, except that (1) price support shall be made available only <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/1051">63 Stat. 1051</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1441">7 USC 1441</ref>.</p></sidenote>to cooperators, and only in the commercial wheat-producing area, (2) if the operator of the farm elects to participate in the program formulated under section 307—</chapeau> <subparagraph class="firstIndent1 fontsize10"><num value="A">(A) </num><content>price support shall be made available to the producers on such farm only if such producers divert from the production of wheat in accordance with the provisions of such program and acreage on the farm equal to the number of acres which such operator agrees to divert, and the agreement shall so provide, and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="B">(B) </num><content>the level of price support for wheat of the 1963 crop to such participating producers shall be at a national average of two dollars per bushel and the amount by which such level of two dollars per bushel exceeds the national average level available to cooperators who are not participating producers shall be made available as hereinafter provided, and</content></subparagraph></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the national average level of price support for wheat of the 1963 crop to cooperators who are not participating producers shall be one dollar and eighty-two cents per bushel. The amount by which the level of two dollars per bushel exceeds the level of price support available to cooperators who are not participating producers shall be made available through payments in kind, on the number of bushels of wheat determined by multiplying the actual acreage of wheat planted on the farm for harvest in 1963 by the normal yield of wheat for the farm. Such payments in kind shall be made through the issuance of negotiable certificates which the Commodity Credit Corporation shall redeem for wheat (such wheat to be valued by the Secretary at not less than the current support price for wheat to cooperators who are not participants in the program formulated under section 307) and, notwithstanding any other provision of law, the Commodity Credit Corporation shall, in accordance with regulations prescribed by the Secretary, assist the producer in the marketing of such certificates. In the case of any certificate not presented for redemption within 30 days of the date of its issuance, reasonable costs of storage and other carrying charges, as determined by the Secretary, for the period beginning 30 days after its issuance and ending with the date of its presentation for redemption shall be deducted from the value of the certificate. The Secretary shall provide for the sharing of such certificates among the producers on the farm on the basis of their respective shares in the wheat crop produced on the farm, or the proceeds therefrom. For purposes of section 407 of the Agricultural Act of 1949, the “current <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/1055">63 Stat. 1055</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1427">7 USC 1427</ref>.</p></sidenote>support price” for wheat during the marketing year for the 1963 crop shall be the support price for such crop to cooperators who are not participants in the program formulated under section 307.</content></paragraph> </section> <section class="firstIndent1 fontsize10"><num value="307"><inline class="smallCaps">Sec</inline>. 307. </num><subsection class="inline"><num value="a">(a) </num><chapeau>If marketing quotas are in effect for the 1963 crop of wheat, producers on any farm, except a farm on which a new farm wheat allotment is established for the crop, in the commercial wheat-producing area shall be eligible for payments determined as provided m subsection (b) upon compliance with the conditions hereinafter prescribed:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Such producers shall divert from the production of wheat an acreage on the farm equal to 20 per centum of the higher of (i) the average acreage of the crops of wheat planted for harvest in the calendar years 1959, 1960, and 1961, with adjustments for <page identifier="/us/stat/76/616">76 <inline class="smallCaps">Stat</inline>. 616</page>abnormal weather conditions, established crop-rotation practices on the farm, and such other factors as the Secretary determines should be considered, but not to exceed 15 acres, or (ii) the farm acreage allotment for the 1963 crop of wheat. Such producers may divert additional acreage on the farm not in excess of the larger of one and one-half times the amount diverted under the preceding sentence or such acreage as will bring the total acreage diverted to 10 acres: <proviso><i>Provided</i>, That the total acreage diverted shall not exceed the larger of (i) or (ii) of the preceding sentence.</proviso></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Such diverted acreage shall be devoted to conservation uses including summer fallow, approved by the Secretary, and such measures shall be taken as the Secretary may deem appropriate to keep such diverted acreage free from erosion, insects, weeds, and rodents: <proviso><i>Provided</i>, That the Secretary may permit such diverted acreage to be devoted to the production of guar, sesame, safflower, sunflower, castor beans, and flax when such crops are not in surplus supply and will not be in surplus supply if permitted to be grown on the diverted acreage, subject to the provisions of subsection (b) (4) of this section.</proviso></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The total acreage of cropland on the farm devoted to soil-conserving uses, including summer-fallow and idle land, but excluding the acreage diverted as provided above and acreage diverted under the special program for feed grains, shall not be less than the total average acreage of cropland devoted to soil-conserving uses, including summer-fallow and idle land on the farm in 1959 and 1960. Certification by the producer with respect to such acreage may be accepted as evidence of compliance with the foregoing provision. The total average acreage devoted to soil-conserving uses, including summer-fallow and idle land, in 1959 and 1960, shall be subject to adjustment to the extent the Secretary determines appropriate for abnormal weather conditions or other factors affecting production, established crop-rotation practices on the farm, changes in the constitution of the farm, participation in other Federal farm programs, or to give effect to the provisions of law relating to release and reapportionment or preservation of history.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num><chapeau>The actual acreage planted to wheat for harvest on the farm in 1963 shall be reduced by the total amount of acres diverted under this section below whichever of the following acreages is the larger—</chapeau> <subparagraph class="firstIndent1 fontsize10"><num value="A">(A) </num><content>the farm acreage allotment for the 1963 crop of wheat;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="B">(B) </num><content>the average acreage of the crops of wheat planted for harvest in the calendar years 1959, 1960, and 1961 with adjustments as provided above, but not to exceed 15 acres.</content></subparagraph> </paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><paragraph class="inline"><num value="1">(1) </num><content>Upon compliance with the conditions prescribed in subsection (a) producers on the farm shall be eligible for payments which shall be made by Commodity Credit Corporation in cash or wheat not in excess of 50 per centum of the value, at the estimated basic county support rate (available to cooperators who are not participants in the program formulated pursuant to this section) per bushel for Number 1 wheat for the county in which the farm is considered as being located for the administration of farm marketing quotas for wheat, of the number of bushels equal to the adjusted yield per acre of wheat for the farm, multiplied by the number of diverted acres other than acres devoted to special crops pursuant to the proviso in subsection (a)(2) of this section, payment for which shall be computed in accordance with subsection (b) (4) of this section.</content></paragraph> <page identifier="/us/stat/76/617">76 <inline class="smallCaps">Stat</inline>. 617</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Secretary may make such adjustments in yields for the 1959 and 1960 crop years as he determines necessary to correct for abnormal factors affecting production and to give due consideration to tillable acreage, crop-rotation practices, type of soil, soil and water conservation measures, and topography. To the extent that a producer proves the actual yields for the farm for the 1959 and 1960 crop years, such yields shall be used in making determinations.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The Secretary shall provide by regulations for the sharing of payments among producers on the farm on a fair and equitable basis, he medium of payment shall be determined by the Secretary. If payments are made in wheat, the value of the payments in cash shall be converted to wheat at not less than the current support price for wheat to cooperators who are not participants in the program formulated pursuant to this section. Wheat received as payment-in-kind may be marketed without penalty but shall not be eligible for price support.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Payment with respect to diverted acreage devoted to special crops pursuant to the proviso of subsection (a) (2) of this section shall be at a rate determined by the Secretary to be fair and reasonable taking into consideration the use of such acreage for the production of such crops: <proviso><i>Provided</i>, That in no event shall the payment exceed one-half the rate which would otherwise be applicable if such acreage were devoted to conservation uses and no price support shall be made available for the production of any such crop on such diverted acreage.</proviso></content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Any acreage diverted from the production of wheat to conservation uses for which payment is made under the program formulated pursuant to this section shall be in addition to any acreage diverted to conservation uses for which payment is made under any other Federal program except that the foregoing shall not preclude the making of cost-sharing payments under the agricultural conservation program or the Great Plains program for conservation practices carried out on any acreage devoted to soil-conserving uses under the program formulated pursuant to this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>The Secretary may provide for adjusting any payment on account of failure to comply with the terms and conditions of the program formulated under this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>Not to exceed 50 per centum of any payment to producers under this section may be made in advance of determination of performance.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>The program formulated pursuant to this section may include such terms and conditions, in addition to those specifically provided for herein, as the Secretary determines are desirable to effectuate the purposes of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <content>Wheat stored to avoid or postpone a marketing quota penalty under the Agricultural Adjustment Act of 1938, as amended and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/31">52 Stat. 31</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1281">7 USC 1281</ref>.</p></sidenote>supplemented, shall not be released from storage for underplanting based upon acreage diverted hereunder, and in determining production of the crop of wheat for the purpose of releasing wheat from storage on account of underproduction the normal yield of the acres diverted from the allotment shall be deemed to be actual production of wheat.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num> <content>The Secretary is authorized to promulgate such regulations as may be necessary to carry out the provisions of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="i">(i) </num> <content>The Commodity Credit Corporation is authorized to utilize its capital funds and other assets for the purpose of making the payments authorized herein and to pay administrative expenses necessary in carrying out this section during the period ending June 30, 1963. There is authorized to be appropriated such amounts as may be necessary to pay administrative expenses necessary in carrying out this section after June 30, 1963.</content></subsection> </section> <page identifier="/us/stat/76/618">76 <inline class="smallCaps">Stat</inline>. 618</page> <section class="firstIndent1 fontsize10"><num value="308"><inline class="smallCaps">Sec</inline>. 308. </num><subsection class="inline"><num value="a">(a) </num><content>Section 334(e) of the Agricultural Adjustment Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/300">75 Stat. 300</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1334">7 USC 1334</ref>.</p></sidenote>of 1938, as amended, is amended by changing the period to a comma at the end of the next to the last sentence and adding the following: <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 615.</p></sidenote>“<quotedText>or section 307 of the Food and Agriculture Act of 1962.</quotedText>”</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The special wheat program formulated under section 307 of this Act shall not be applicable to any farm receiving an additional allotment under section 334(i) of the Agricultural Adjustment Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/101">72 Stat. 101</ref>; <ref href="/us/stat/75/778">75 Stat. 778</ref>.</p></sidenote>1938, as amended.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="309"><inline class="smallCaps">Sec</inline>. 309. </num> <content>Item (7) of Public Law 74, Seventy-seventh Congress, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/297">75 Stat. 297</ref>; <i>Post</i>, p. 909.</p></sidenote>amended (7 U.S.C. 1340(7)), as amended, is amended by changing the period at the end thereof to a colon, and adding the following: <proviso>“<quotedText><i>Provided further</i>, That a farm marketing quota on the 1963 crop of wheat shall be applicable to any farm on which the acreage of wheat exceeds the smaller of (1) 15 acres, or (2) the highest number of acres actually planted to wheat on the farm for harvest in any of the calendar years 1959, 1960, or 1961.</quotedText>”</proviso></content></section> </subtitle> <level> <heading class="smallCaps centered">program for 1004 and subsequent crops</heading> <subtitle><num value="B"><inline class="smallCaps">Subtitle B</inline>—</num><heading class="inline"><inline class="smallCaps">Wheat</inline></heading> <section class="firstIndent1 fontsize10"> <num value="310"><inline class="smallCaps">Sec</inline>. 310. </num> <content>Section 331 of the Agricultural Adjustment Act of 1938, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/52">52 Stat. 52</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1331">7 USC 1331</ref>.</p></sidenote>amended, is hereby amended by striking out the last paragraph thereof and inserting in lieu thereof the following paragraphs: <quotedContent> <p class="firstIndent1 fontsize10">“Wheat which is planted and not disposed of prior to the date prescribed by the Secretary for the disposal of excess acres of wheat is an addition to the total supply of wheat and has a direct effect on the price of wheat in interstate and foreign commerce and may also affect the supply and price of livestock and livestock products. In the circumstances, wheat not disposed of prior to such date must be considered in the same manner as mechanically harvested wheat in order to achieve the policy of the Act.</p> <p class="firstIndent1 fontsize10">“The diversion of substantial acreages from wheat to the production of commodities which are in surplus supply or which will be in surplus supply if they are permitted to be grown on the diverted acreage would burden, obstruct, and adversely affect interstate and foreign commerce in such commodities, and would adversely affect the prices of such commodities in interstate and foreign commerce. Small changes in the supply of a commodity could create a sufficient surplus to affect seriously the price of such commodity in interstate and foreign commerce. Large changes in the supply of such commodity could have a more acute effect on the price or the commodity in interstate and foreign commerce and, also, could overtax the handling, processing, and transportation facilities through which the flow of interstate and foreign commerce in such commodity is directed. Such adverse effects caused by overproduction in one year could further result in a deficient supply of the commodity in the succeeding year, causing excessive increases in the price of the commodity in interstate and foreign commerce in such year. It is, therefore, necessary to prevent acreage diverted from the production of wheat to be used to produce commodities which are in surplus supply or which will be in surplus supply if they are permitted to be grown on the diverted acreage.</p> <p class="firstIndent1 fontsize10">“The provisions of this part affording a cooperative plan to wheat producers are necessary in order to minimize recurring surpluses and shortages of wheat in interstate and foreign commerce, to provide for the maintenance of adequate reserve supplies thereof, to provide for an adequate and orderly flow of wheat and its products in interstate and foreign commerce at prices which are fair and reasonable to farmers and consumers, and to prevent acreage diverted from the pro-<page identifier="/us/stat/76/619">76 <inline class="smallCaps">Stat</inline>. 619</page>duction of wheat from adversely affecting other commodities in interstate and foreign commerce.”</p> </quotedContent> </content> </section> </subtitle> </level> <section class="firstIndent1 fontsize10"> <num value="311"><inline class="smallCaps">Sec</inline>. 311. </num> <content>Section 332 of the Agricultural Adjustment Act of 1938, as amended, is hereby amended by striking out the provisions of such <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/903">68 Stat. 903</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1332">7 USC 1332</ref>.</p></sidenote>section and by inserting in lieu thereof the following: <quotedContent> <section> <heading class="smallCaps centered">“national marketing quota</heading> <num value="332"><inline class="smallCaps">“Sec</inline>. 332. </num><subsection class="inline"><num value="a">(a) </num><content>Whenever prior to April 15 in any calendar year the Secretary determines that the total supply of wheat in the marketing year beginning in the next succeeding calendar year will, in the absence of a marketing quota program, likely be excessive, the Secretary shall proclaim that a national marketing quota for wheat shall be in effect for such marketing year and for either the following marketing year or the following two marketing years, if the Secretary determines and declares in such proclamation that a two- or three-year marketing quota program is necessary to effectuate the policy or the Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>If a national marketing quota for wheat has been proclaimed for any marketing year, the Secretary shall determine and proclaim the amount of the national marketing quota for such marketing year not earlier than January 1 or later than April 15 of the calendar year preceding the year in which such marketing year begins. The amount of the national marketing quota for wheat for any marketing year shall be an amount of wheat which the Secretary estimates (i) will be utilized during such marketing year for human consumption in the United States as food, food products, and beverages, composed wholly or partly of wheat, (ii) will be utilized during such marketing year in the United States for seed, (iii) will be exported either in the form of wheat or products thereof, and (iv) as the average amount which was utilized as livestock (including poultry) feed in the marketing years beginning in 1959 and I960; less (A) an amount of wheat equal to the estimated imports of wheat into the United States during such marketing year and, (B) if the stocks of wheat owned by the Commodity Credit Corporation are determined by the Secretary to be excessive, an amount of wheat determined by the Secretary to be a desirable reduction in such marketing year in such stocks to achieve the policy of the Act: <proviso><i>Provided</i>, That if the Secretary determines that the total stocks of wheat in the Nation are insufficient to assure an adequate carryover for the next succeeding marketing year, the national marketing quota otherwise determined shall be increased by the amount the Secretary determines to be necessary to assure an adequate carryover:</proviso> <proviso><i>And provided further</i>, That the national marketing quota for wheat for any marketing year shall be not less than one billion bushels.</proviso></content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>If, after the proclamation of a national marketing quota for wheat for any marketing year, the Secretary has reason to believe that, because of a national emergency or because of a material increase in the demand for wheat, the national marketing quota should be terminated or the amount thereof increased, he shall cause an immediate investigation to be made to determine whether such action is necessary in order to meet such emergency or increase in the demand for wheat. If, on the basis of such investigation, the Secretary finds that such action is necessary, he shall immediately proclaim such finding and the amount of any such increase found by him to be necessary and thereupon such national marketing quota shall be so increased or terminated. In case any national marketing quota is increased under this subsection, the Secretary shall provide for such increase by increasing acreage allotments established under this part by a uniform percentage.”</content></subsection></section> </quotedContent></content> </section> <page identifier="/us/stat/76/620">76 <inline class="smallCaps">Stat</inline>. 620</page> <section class="firstIndent1 fontsize10"> <num value="312"><inline class="smallCaps">Sec</inline>. 312. </num> <content>Section 333 of the Agricultural Adjustment Act of 1938, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/53">52 Stat. 53</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1333">7 USC 1333</ref>.</p></sidenote>as amended, is hereby amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“national acreage allotment</heading> <num value="333"><inline class="smallCaps">“Sec</inline>. 333. </num> <content>Whenever the amount of the national marketing quota for wheat is proclaimed for any marketing year, the Secretary at the same time shall proclaim a national acreage allotment for the crop of wheat planted for harvest in the calendar year in which such marketing year begins. The amount of the national acreage allotment for any crop of wheat shall be the number of acres which the Secretary determines on the basis of expected yields and expected underplantings of farm acreage allotments will, together with (1) the expected production on the increases in acreage allotments for farms based upon small-farm <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 621; <ref href="/us/usc/t7/s1335">7 USC 1335</ref>.</p></sidenote>base acreages pursuant to section 335, and (2) the expected production on increased acreages resulting from the small-farm exemption pursuant to section 335, make available a supply of wheat equal to the national marketing quota for wheat for such marketing year.”</content> </section> </quotedContent></content></section> <section class="firstIndent1 fontsize10"> <num value="313"><inline class="smallCaps">Sec</inline>. 313. </num> <chapeau>Section 334 of the Agricultural Adjustment Act of 1938, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1334">7 USC 1334</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/300">75 Stat. 300</ref>.</p></sidenote>as amended, is further amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>By amending subsection (e) thereof by striking out in the first sentence thereof “<quotedText>any of the 1962, 1963, and 1964 crops</quotedText>” and inserting in lieu thereof “<quotedText>the 1962 and 1963 crops</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/1117">70 Stat. 1117</ref>.</p></sidenote><content class="inline">By repealing subsection (g) thereof and by redesignating subsections (h) and (i) thereof as (g) and (h) respectively.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/101">72 Stat. 101</ref>; <ref href="/us/stat/75/778">75 Stat. 778</ref>.</p></sidenote><content class="inline">By amending subsection (i) thereof, redesignated by this section as subsection (h), by inserting the following sentence immediately following the seventh sentence thereof: “<quotedText>The land-use <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 622.</p></sidenote>provisions of section 339 shall not be applicable to any farm receiving an additional allotment under this subsection.</quotedText>”</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>By adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="i">“(i) </num><content>If, with respect to any crop of wheat, the Secretary finds that the acreage allotments of farms producing any type of wheat are inadequate to provide for the production of a sufficient quantity of such type of wheat to satisfy the demand therefor, the wheat acreage allotment for such crop for each farm located in a county designated by the Secretary as a county which (1) is capable of producing such type of wheat, and (2) has produced such type of wheat for commercial food products during one or more of the five years immediately preceding the year in which such crop is harvested, shall be increased by such uniform percentage as he deems necessary to provide for such quantity. No increase shall be made under this subsection in the wheat acreage allotment of any farm for any crop if any wheat other than such type of wheat is planted on such farm for such crop. Any increases in wheat acreage allotments authorized by this subsection shall be in addition to the National, State, and county wheat acreage allotments, and such increases shall not be considered in establishing future State, county, and farm allotments. The provisions of paragraph (6) of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/55/204">55 Stat. 204</ref>.</p></sidenote>Public Law 74, Seventy-seventh Congress (7 U.S.C. 1340(6)), and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/51">52 Stat. 51</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1326">7 USC 1326</ref>.</p></sidenote>section 326(b) of this Act, relating to the reduction of the storage amount of wheat shall apply to the allotment for the farm established without regard to this subsection and not to the increased allotment under this subsection. The land-use provisions of section 339 shall not be applicable to any farm receiving an increased allotment under this subsection and the producers on such farms shall not be required to comply with such provisions as a condition of eligibility for price support.”</content></subsection> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="314"><inline class="smallCaps">Sec</inline>. 314. </num> <content>Part III of subtitle B of title III of the Agricultural <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/52">52 Stat. 52</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1331/1339">7 USC 1331–1339</ref>.</p></sidenote>Adjustment Act of 1938, as amended, is hereby amended by adding immediately after section 334 thereof the following: <page identifier="/us/stat/76/621">76 <inline class="smallCaps">Stat</inline>. 621</page> <quotedContent> <section> <heading class="smallCaps centered">“commercial area</heading> <num value="334a"><inline class="smallCaps">“Sec</inline>. 334a. </num> <content>If the acreage allotment for any State for any crop of wheat is twenty-five thousand acres or less, the Secretary, in order to promote efficient administration of this Act and the Agricultural Act of 1949, may designate such State as outside the commercial wheat-producing area for the marketing year for such crop. If such State is so designated, acreage allotments for such crop and marketing quotas for the marketing year therefor shall not be applicable to any farm in such State. Acreage allotments in any State shall not be increased by reason of such designation.”</content> </section> </quotedContent></content></section> <section class="firstIndent1 fontsize10"> <num value="315"><inline class="smallCaps">Sec</inline>. 315. </num> <content>Section 335 of the Agricultural Adjustment Act of 1938, as amended, is hereby amended to read as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/54">52 Stat. 54</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1335">7 USC 1335</ref>.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“small farm exemption</heading> <num value="335"><inline class="smallCaps">“Sec</inline>. 335. </num> <content>Notwithstanding any other provision of this part, no farm marketing quota for any crop of wheat shall be applicable to any farm with a farm acreage allotment of less than fifteen acres if the acreage of such crop of wheat does not exceed the small-farm base acreage determined for the farm, unless the operator elects in writing on a form and within the time prescribed by the Secretary to be subject to the farm acreage allotment and marketing quota. The small-farm base acreage for a farm shall be the smaller of (A) the average acreage of the crop of wheat planted for harvest in the three years 1959, 1960, and 1961, or such later three-year period, excluding 1963, determined by the Secretary to be representative, with adjustments for abnormal weather conditions, established crop-rotation practices on the farm, and such other factors as the Secretary determines should be considered for the purpose of establishing a fair and equitable small-farm base acreage, or (B) fifteen acres. The acreage allotment for any farm shall be the larger of (1) the small-farm base acreage determined as provided above on the basis of the three-year period 1959–1961, reduced by the same percentage by which the national acreage allotment for the crop is reduced below fifty-five million acres, or (2) the acreage allotment determined without, regard to (1) above. If the operator of any such farm fails to make such election with respect to any crop of wheat, (i) for the purposes of Public Law 74, Seventy-seventh Congress (7 U.S.C. 1340), as amended, the farm acreage allotment <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/55/203">55 Stat. 203</ref>.</p></sidenote>for such crop of wheat shall be deemed to be the larger of (A) the small-farm base acreage or (B) the acreage allotment for the farm, (ii) the land-use provisions of section 339 shall be inapplicable to the <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 622.</p></sidenote>farm, (iii) such crop of wheat shall not be eligible for price support, and (iv) wheat marketing certificates applicable to such crop shall not be issued with respect to the farm. The additional acreage required to provide acreage allotments for farms based upon small-farm base acreages under this section shall be in addition to National, State, and county acreage allotments.”</content> </section> </quotedContent></content></section> <section class="firstIndent1 fontsize10"> <num value="316"><inline class="smallCaps">Sec</inline>. 316. </num> <content>Section 336 of the Agricultural Adjustment Act of 1938, as amended, is hereby amended to read as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/55">52 Stat. 55</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1336">7 USC 1336</ref>.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“referendum</heading> <num value="336"><inline class="smallCaps">“Sec</inline>. 336. </num> <content>If a national marketing quota for wheat for one, two, or three marketing years is proclaimed, the Secretary shall, not later than sixty days after such proclamation is published in the Federal Register, conduct a referendum, by secret ballot, of farmers to determine whether they favor or oppose marketing quotas for the marketing year or years for which proclaimed. Any producer who has a farm acreage allotment shall be eligible to vote in any referendum held pursuant to <page identifier="/us/stat/76/622">76 <inline class="smallCaps">Stat</inline>. 622</page>this section, except that a producer who has a farm acreage allotment of less than fifteen acres shall not be eligible to vote unless the farm <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 621.</p></sidenote>operator elected pursuant to section 335 to be subject to the farm marketing quota. The Secretary shall proclaim the results of any referendum held hereunder within thirty days after the date of such referendum, and if the Secretary determines that more than one-third of the farmers voting in the referendum voted against marketing quotas, the Secretary shall proclaim that marketing quotas will not be in effect with respect to the crop of wheat produced for harvest in the calendar year following the calendar year in which the referendum is held. If the Secretary determines that two-thirds or more of the farmers voting in a referendum approve marketing quotas for a period of two or three marketing years, no referendum shall be held for the subsequent year or years of such period.”</content> </section> </quotedContent></content></section> <section class="firstIndent1 fontsize10"> <num value="317"><inline class="smallCaps">Sec</inline>. 317. </num> <content>Section 337 of the Agricultural Adjustment Act of 1938, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/55">52 Stat. 55</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1337">7 USC 1337</ref>.</p></sidenote>as amended, is hereby repealed.</content> </section> <section class="firstIndent1 fontsize10"> <num value="318"><inline class="smallCaps">Sec</inline>. 318. </num> <content>The Agricultural Adjustment Act of 1938, as amended, is hereby amended by adding after section 338 a new section as follows: <quotedContent> <section> <heading class="smallCaps centered">“land use</heading> <num value="339"><inline class="smallCaps">“Sec</inline>. 339. </num><subsection class="inline"><num value="a">(a) </num><paragraph class="inline"><num value="1">(1) </num><content>During any year in which marketing quotas for wheat are in effect, the producers on any farm (except a new farm receiving an allotment from the reserve for new farms) on which any crop is produced on acreage required to be diverted from the production of wheat shall be subject to a penalty on such crop, in addition to any marketing quota penalty applicable to such crops, as provided in this subsection unless (1) the crop is designated by the Secretary as one which is not in surplus supply and will not be in surplus supply if it is permitted to be grown on the diverted acreage, or as one the production of which will not substantially impair the purpose of the requirements of this section, or (2) no wheat is produced on the farm, and the producers have not filed an agreement or a statement of intention to participate in the payment program formulated pursuant to subsection (b) of this section. The acreage required to be diverted from the production of wheat on the farm shall be an acreage of cropland equal to the number of acres determined by multiplying the farm acreage allotment by the diversion factor determined by dividing the number of acres by which the national acreage allotment is reduced below fifty-five million acres by the number of acres in the national acreage allotment. The actual production of any crop subject to penalty under this subsection shall be regarded as available for marketing and the penalty on such crop shall be computed on the actual acreage of such crop at the rate of 65 per centum of the parity price per bushel of wheat as of May 1 of the calendar year in which such crop is harvested, multiplied by the normal yield of wheat per acre established for the farm. Until the producers on any farm pay the penalty on such crop, the entire crop of wheat produced on the farm and any subsequent crop of wheat subject to marketing quotas in which the producer has an interest shall be subject to a lien in favor of the United States for the amount of the penalty. Each producer having an interest in the crop or crops on acreage diverted or required to be diverted from the production of wheat shall be jointly and severally liable for the entire amount of the penalty. The persons liable for the payment or collection of the penalty under this section shall be liable also for interest thereon at the rate of 6 per centum per annum from the date the penalty becomes due until the date of payment of such penalty.</content></paragraph> <page identifier="/us/stat/76/623">76 <inline class="smallCaps">Stat</inline>. 623</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary may require that the acreage on any farm diverted from the production of wheat be land which was diverted from the production of wheat in the previous year, to the extent he determines that such requirement is necessary to effectuate the purposes of this subtitle.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num><content>The Secretary may permit the diverted acreage to be grazed in accordance with regulations prescribed by the Secretary.</content> </paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>The Secretary is authorized to formulate and carry out a program with respect to the 1964 and 1965 crops of wheat under which, subject to such terms and conditions as he determines are desirable to effectuate the purposes of this section, payments may be made in amounts not in excess of 50 per centum of the estimated basic county support rate on the normal production of the acreage diverted taking into account the income objectives of the Act, determined by the Secretary to be fair and reasonable with respect to acreage diverted pursuant to subsection (a) of this section. The Secretary may permit producers on any farm to divert from the production of wheat an acreage, in addition to the acreage diverted pursuant to subsection (a), equal to 20 per centum of the farm acreage allotment for wheat: <proviso><i>Provided</i>, That the producers on any farm may, at their election, divert, such acreage in addition to the acreage diverted pursuant to subsection (a), as will bring the total acreage diverted on the farm to fifteen acres. Such program shall require (1) that the diverted acreage shall be devoted to conservation uses approved by the Secretary; (2) that the total acreage of cropland on the farm devoted to soil-conserving uses, including summer fallow and idle land but excluding the acreage diverted as provided above, shall be not less than the total average acreage of cropland devoted to soil-conserving uses including summer fallow and idle land on the farm during a representative period, as determined by the Secretary, adjusted to the extent the Secretary determines appropriate for (i) abnormal weather conditions or other factors affecting production, (ii) established crop-rotation practices on the farm, (iii) participation in other Federal farm programs, (iv) unusually high percentage of land on the farm devoted to conserving uses, and (v) other factors which the Secretary determines should be considered for the purpose of establishing a fair and equitable soil-conserving acreage for the farm; and (3) that the producer shall not knowingly exceed (i) any farm acreage allotment in effect for any commodity produced on the farm, and (ii) except as the Secretary may by regulations prescribe, with the farm acreage allotments on any other farm for any crop in which the producer has a share:</proviso> <proviso><i>Provided</i>, That no producer shall be deemed to have exceeded a farm acreage allotment for wheat if the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty:</proviso> <proviso><i>And provided further</i>, That no producer shall be deemed to have exceeded a farm acreage allotment for any crop of wheat if the farm is exempt from the farm marketing quota for such crop under section 335. The producers on a new farm shall not be eligible for <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 521.</p></sidenote>payments hereunder. The Secretary shall provide for the sharing of payment among producers on the farm on a fair and equitable, basis. Payments may be made in cash or in wheat.</proviso></content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num><content>The Secretary may provide for adjusting any payment on account of failure to comply with the terms and conditions of the land-use program formulated under subsection (b) of this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>Not to exceed 50 per centum of any payment to producers under subsection (b) of this section may be made m advance of determination of performance.</content> </subsection> <page identifier="/us/stat/76/624">76 <inline class="smallCaps">Stat</inline>. 624</page> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>The Secretary may permit the diverted acreage to be devoted to the production of guar, sesame, safflower, sunflower, castor beans, and flax, when such crops are not in surplus supply and will not be in surplus supply if permitted to be grown on the diverted acreage, subject to the condition that payment with respect to diverted acreage devoted to any such crop shall be at a rate determined by the Secretary to be fair and reasonable taking into consideration the use of such acreage for the production of such crops: <proviso><i>Provided</i>, That in no event shall the payment exceed one-half the rate which would otherwise be applicable if such acreage were devoted to conservation uses and no price support shall be made available for the production of any such crop on such diverted acreage.</proviso></content> </subsection> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <content>The program formulated pursuant to subsection (b) of this section may include such terms and conditions, including provision for the control of erosion, in addition to those specifically provided for herein, as the Secretary determines are desirable to effectuate the purposes of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">“(g) </num> <content>The Secretary is authorized to promulgate such regulations as may be desirable to carry out the provisions of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">“(h) </num> <content>The Commodity Credit Corporation is authorized to utilize its capital funds and other assets for the purpose of making the payments authorized in this section and to pay administrative expenses necessary in canning out this section during the period ending June 30, 1963. There is authorized to be appropriated such amounts as may be necessary thereafter to pay such administrative expenses.”</content> </subsection></section> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="319"><inline class="smallCaps">Sec</inline>. 319. </num> <chapeau>Public Law 74, Seventy-seventh Congress (7 U.S.C. 1340), <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/55/503">55 Stat. 203</ref>.</p></sidenote>as amended, is hereby amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>By amending paragraph (1) to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The farm marketing quota for any crop of wheat shall be the actual production of the acreage planted to such crop of wheat on the farm less the farm marketing excess. The farm marketing excess shall be an amount equal to twice the normal yield of wheat per acre established for the farm multiplied by the number of acres of such crop of wheat on the farm in excess of the farm acreage allotment for such crop unless the producer, in accordance with regulations issued by the Secretary and within the time prescribed therein, establishes to the satisfaction of the Secretary the actual production of such crop of wheat on the farm. If such actual production is so established, the farm marketing excess shall be an amount equal to the actual production of the number of acres of wheat on the farm in excess of the farm acreage allotment for such crop. In determining the farm marketing quota and farm marketing excess, any acreage of wheat remaining after the date prescribed by the Secretary for the disposal of excess acres of wheat shall be included as acreage of wheat on the farm, and the production thereof shall be appraised in such manner as the Secretary determines will provide a reasonably accurate estimate of such production. Any acreage of wheat disposed of in accordance with regulations issued by the Secretary prior to such date as may be prescribed by the Secretary shall be excluded in determining the farm marketing quota and farm marketing excess. Self-seeded (volunteer) wheat shall be included in determining the acreage of wheat. Marketing quotas for any marketing year shall be in effect with respect to wheat harvested in the calendar year in which such marketing year begins notwithstanding that the wheat is marketed prior to the beginning of such marketing year.”</content> </paragraph> </quotedContent></content></paragraph> <page identifier="/us/stat/76/625">76 <inline class="smallCaps">Stat</inline>. 625</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>By amending paragraph (2) to read as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/55/204">55 Stat. 204</ref>.</p></sidenote> <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Whenever farm marketing quotas are in effect with respect to any crop of wheat, the producers on a farm shall be subject to a penalty on the farm marketing excess of wheat at a rate per bushel equal to 65 per centum of the parity price per bushel of wheat as of May 1 of the calendar year in which the crop is harvested. Each producer having an interest in the crop of wheat on any farm for which a farm marketing excess of wheat is determined shall be jointly and severally liable for the entire amount of the penalty on the farm marketing excess.”</content> </paragraph> </quotedContent></content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>By inserting in paragraph (3) “<quotedText>twice</quotedText>” before “<quotedText>the normal production</quotedText>” in the first and second sentences thereof, and by inserting in the second sentence thereof “<quotedText>twice the</quotedText>” between “<quotedText>of</quotedText>” and “<quotedText>normal</quotedText>” in the phrase “<quotedText>upon the basis of normal production</quotedText>”, by striking out “<quotedText>corn and</quotedText>” from the first sentence thereof, and by striking out “<quotedText>corn or</quotedText>” from the last sentence thereof.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>By amending paragraph (4) to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>Until the producers on any farm store, deliver to the Secretary, or pay the penalty on, the farm marketing excess of any crop of wheat, the entire crop of wheat produced on the farm and any subsequent crop of wheat subject to marketing quotas in which the producer has an interest shall be subject to a lien in favor of the United States for the amount of the penalty.”</content></paragraph> </quotedContent></content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num><content>By striking out “<quotedText>corn or</quotedText>” from paragraph (5).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>By striking out “<quotedText>corn or</quotedText>” from paragraph (6).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>By repealing paragraph (7), and by renumbering paragraphs <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/297">75 Stat. 297</ref>.</p></sidenote>(8) through (11) as (7) through (10), respectively.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>By striking out “<quotedText>corn or</quotedText>” and “<quotedText>, as the case may be,</quotedText>” from paragraph (8), redesignated by this section as paragraph (7), <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/55/205">55 Stat. 205</ref>.</p></sidenote>and adding at the end of such paragraph the following sentence: “<quotedText>If the buyer fails to collect such penalty, such buyer and all persons entitled to share in the wheat marketed from the farm or the proceeds thereof shall be jointly and severally liable for such penalty.</quotedText>”</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>By repealing paragraph (12), and by adding the following <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/55/872">55 Stat. 872</ref>.</p></sidenote>new paragraphs to follow paragraph (11), redesignated by this section as paragraph (10): <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="11">“(11) </num> <content>The persons liable for the payment or collection of the penalty on any amount of wheat shall be liable also for interest thereon at the rate of 6 per centum per annum from the date the penalty becomes due until the date of payment of such penalty.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">“(12) </num> <content>If marketing quotas for wheat are not in effect for any marketing year, all previous marketing quotas applicable to wheat shall be terminated, effective as of the first day of such marketing year. Such termination shall not abate any penalty previously incurred by a producer or relieve any buyer of the duty to remit penalties previously collected by him.”</content> </paragraph> </quotedContent></content></paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="320"><inline class="smallCaps">Sec</inline>. 320. </num> <chapeau>Section 301(b) (13) of the Agricultural Adjustment Act of 1938, as amended, is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1201">7 USC 1201</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/902">68 Stat. 902</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/212">70 Stat. 212</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out paragraph (A);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting in paragraphs (D) and (E) after the words “<quotedText>in the case of rice</quotedText>” the words “<quotedText>and wheat</quotedText>”, by inserting in said paragraphs after the words “<quotedText>per acre of rice</quotedText>” the following: “<quotedText>or wheat, as the case may be,</quotedText>”, and by inserting in said paragraph after “<quotedText>determined</quotedText>” the following: “<quotedText>in the case of rice, or during the five years immediately preceding the year in which such normal yield is determined in the case of wheat</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by striking from paragraph (G) the following: (A) “<quotedText>wheat,</quotedText>” in each of the two places it first occurs therein; (B) “<quotedText>and, in the case of wheat, but not in the case of corn, cotton, or <page identifier="/us/stat/76/626">76 <inline class="smallCaps">Stat</inline>. 626</page>peanuts, for trends in yields</quotedText>”; (C) “<quotedText>ten calendar years in the case of wheat, and</quotedText>”; and (D) “<quotedText>in the case of corn, cotton, or peanuts,</quotedText>”.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="321"><inline class="smallCaps">Sec</inline>. 321. </num> <chapeau>Section 371 of the Agricultural Adjustment Act of 1938, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1371">7 USC 1371</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/64">52 Stat. 64</ref>.</p></sidenote>as amended, is hereby amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Subsection (a) is amended by deleting “<quotedText>corn, wheat,</quotedText>” in the first sentence thereof.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/904">68 Stat. 904</ref>.</p></sidenote><content class="inline">The first sentence of subsection (b) is amended by striking out “<quotedText>any national acreage allotment for corn or</quotedText>”, “<quotedText>wheat,</quotedText>” and “<quotedText>in order to effect the declared policy of this Act or</quotedText>”.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="322"><inline class="smallCaps">Sec</inline>. 322. </num> <content>Section 385 of the Agricultural Adjustment Act of 1938, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/68">52 Stat. 68</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1385">7 USC 1385</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 622.</p></sidenote>as amended, is hereby amended by inserting in the first sentence after “<quotedText>parity payment,</quotedText>” the following: “<quotedText>payment under section 339,</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="323"><inline class="smallCaps">Sec</inline>. 323. </num> <content>The amendments to the Agricultural Adjustment Act of 1938, as amended, and to Public Law 74, Seventy-seventh Congress, as amended, made by sections 310 through 322 of this Act shall be in effect only with respect to programs applicable to the crops planted for harvest in the calendar year 1964 or any subsequent year and the marketing years beginning in the calendar year 1964, or any subsequent year.</content> </section> <section> <heading class="smallCaps centered">wheat marketing allocation program</heading> <num value="324"><inline class="smallCaps">Sec</inline>. 324. </num> <content>Title III of the Agricultural Adjustment Act of 1938, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/38">52 Stat. 38</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1301/etseq">7 USC 1301 <i>et seq</i></ref>.</p></sidenote>amended, is hereby amended (1) by designating subtitles D and E as subtitles E and F, respectively, and (2) by inserting after subtitle C a new subtitle D as follows: <quotedContent> <subtitle><num value="D"><inline class="smallCaps">“Subtitle D</inline>—</num><heading class="inline"><inline class="smallCaps">Wheat Marketing Allocation</inline></heading> <section> <heading class="smallCaps centered">“legislative findings</heading> <num value="379a"><inline class="smallCaps">“Sec</inline>. 379a. </num> <content>Wheat, in addition to being a basic food, is one of the great export crops of American agriculture and its production for domestic consumption and for export is necessary to the maintenance of a sound national economy and to the general welfare. The movement of wheat from producer to consumer, in the form of the commodity or any of the products thereof, is preponderantly in interstate and foreign commerce. Unreasonably low prices of wheat to producers impair their purchasing power for nonagricultural products and place them in a position of serious disparity with other industrial groups. The conditions affecting the production of wheat are such that without Federal assistance, producers cannot effectively prevent disastrously low prices for wheat: It is necessary, in order to assist wheat producers in obtaining fair prices, to regulate the price of wheat used for domestic food and for exports in the manner provided in this subtitle.</content> </section> <section> <heading class="smallCaps centered">“wheat marketing allocation</heading> <num value="379b"><inline class="smallCaps">“Sec</inline>. 379b. </num> <content>During any marketing year for which a marketing quota is in effect for wheat, beginning with the marketing year for the 1964 crop, a wheat marketing allocation program shall be in effect as provided in this subtitle. Whenever a wheat marketing allocation program is in effect for any marketing year the Secretary shall determine (1) the wheat marketing allocation for such year which shall be the amount of wheat which in determining the national marketing quota for such marketing year he estimated would be used during such year for human consumption in the United States, as food, food products, and beverages, composed wholly or partly of wheat, and that portion of the amount of wheat which in determining such quota he estimated would be exported in the form of wheat or products thereof during the marketing year on which the Secretary determines that marketing <page identifier="/us/stat/76/627">76 <inline class="smallCaps">Stat</inline>. 627</page>certificates shall be issued to producers in order to achieve, insofar as practicable, the price and income objectives of this subtitle, and (2) the national allocation percentage which shall be the percentage which the national marketing allocation is of the national marketing quota. Each farm shall receive a wheat marketing allocation for such marketing year equal to the number of bushels obtained by multiplying the number of acres in the farm acreage allotment for wheat by the normal yield of wheat for the farm as determined by the Secretary, and multiplying the resulting number of bushels by the national allocation percentage. If a noncommercial wheat-producing area is established for any marketing year, farms in such area shall be given wheat marketing allocations which are determined by the Secretary to be fair and reasonable in relation to the wheat marketing allocation given producers in the commercial wheat-producing area.</content> </section> <section> <heading class="smallCaps centered">“marketing certificates</heading> <num value="379c"><inline class="smallCaps">“Sec</inline>. 379c. </num><subsection class="inline"><num value="a">(a) </num><content>The Secretary shall provide for the issuance of wheat marketing certificates for each marketing year for which a wheat marketing allocation program is in effect for the purpose of enabling producers on any farm with respect to which certificates are issued to receive, in addition to the other proceeds from the sale of wheat, an amount equal to the value of such certificates. The wheat marketing certificates issued with respect to any farm for any marketing year shall be in the amount of the farm wheat marketing allocation for such year, but not to exceed (i) the actual acreage of wheat planted on the farm for harvest in the calendar year in which the marketing year begins multiplied by the normal yield of wheat for the farm, plus (ii) the amount of wheat stored to avoid or postpone a marketing quota penalty, which is released from storage during the marketing year on account of underplanting or underproduction. The Secretary shall provide for the sharing of wheat marketing certificates among producers on the farm on the basis of their respective shares in the wheat crop produced on the farm, or the proceeds therefrom.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>No producer shall be eligible to receive wheat marketing certificates with respect to any farm for any marketing year in which a marketing quota penalty is assessed for any commodity on such farm or in which the farm has not complied with the land-use requirements of section 339 to the extent prescribed by the Secretary, or in which, <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 622.</p></sidenote>except as the Secretary may by regulation prescribe, the producer exceeds the farm acreage allotment on any other farm for any commodity in which he has an interest as a producer. No producer shall lie deemed to have exceeded a farm acreage allotment for wheat if the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty. No producer shall be deemed to have exceeded the farm acreage allotment for wheat on any other farm, if such farm is exempt from the farm marketing quota for such crop under section 335. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 621.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>Whenever a wheat marketing allocation program is in effect for any marketing year, the Secretary shall determine and proclaim for such marketing year the face value per bushel of marketing certificates. The face value per bushel of marketing certificates shall be equal to the amount by which the level of price support for wheat accompanied by certificates exceeds the level of price support for wheat not accompanied by certificates (noncertificate wheat).</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>Marketing certificates and transfers thereof shall be represented by such documents, marketing cards, records, accounts, certifications, or other statements or forms as the Secretary may prescribe.</content></subsection> </section> <page identifier="/us/stat/76/628">76 <inline class="smallCaps">Stat</inline>. 628</page> <section> <heading class="smallCaps centered">“marketing restrictions</heading> <num value="379d"><inline class="smallCaps">“Sec</inline>. 379d. </num><subsection class="inline"><num value="a">(a) </num><content>All persons are prohibited from acquiring marketing certificates from (he producer to whom such certificates are issued, unless such certificates are acquired in connection with the acquisition from such producer of a number of bushels of wheat equivalent to the marketing certificates. Marketing certificates shall be transferable only in accordance with regulations prescribed by the Secretary. Any unused certificates legally held by persons other than the producer to whom such certificates are issued shall be purchased by Commodity Credit Corporation if tendered to the Corporation for purchase in accordance with regulations prescribed by the Secretary. Notwithstanding the foregoing provisions of this section, Commodity Credit Corporation is authorized to purchase from producers certificates not accompanied by wheat in cases where the Secretary determines that it would constitute an undue hardship to require the producer to transfer his certificates only in connection with the disposition of wheat.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>During any marketing year for which a wheat marketing allocation program is in effect, (i) all persons engaged in the processing of wheat into food products shall, prior to marketing any such product for human food in the United States, acquire marketing certificates equivalent to the number of bushels of wheat contained in such product, and (ii) all persons exporting wheat or food products shall prior to such export acquire marketing certificates equivalent to the number of bushels so exported. Marketing certificates shall be valid to cover only sales or exportations made during the marketing year with respect to which they are issued, and after being once used to cover a sale or export of a food product or an export of wheat shall be void and shall be disposed of in accordance with regulations prescribed by the Secretary. Notwithstanding the foregoing provisions hereof, the Secretary may require marketing certificates issued for any marketing year to be acquired to cover sales or exportations made on or after the date during the calendar year in which wheat harvested in such calendar year begins to be marketed as determined by the Secretary even though such wheat is marketed prior to the beginning of the marketing year, and marketing certificates for such marketing year shall be valid to cover sales or exportations made on or after the date so determined by the Secretary.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>Upon the giving of a bond or other undertaking satisfactory to the Secretary to secure the purchase of and payment for such marketing certificates as may be required, and subject to such regulations as he may prescribe, any person required to have marketing certificates in order to market, or export a commodity may be permitted to market any such commodity without having first acquired marketing certificates.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num><sidenote><p class="firstIndent1 fontsize8">“Food products.”</p></sidenote><content class="inline">As used in this subtitle, the term ‘food products’ means any product composed wholly or partly of wheat to be used for human consumption, including beverage.</content></subsection> </section> <section> <heading class="smallCaps centered">“assistance in purchase and sale of marketing certificates</heading> <num value="379e"><inline class="smallCaps">“Sec</inline>. 379e. </num> <content>For the purpose of facilitating the purchase and sale of marketing certificates, the Commodity Credit Corporation is authorized to issue, buy, and sell marketing certificates in accordance with regulations prescribed by the Secretary. Such regulations may authorize the Corporation to issue and sell certificates in excess of the quantity of certificates which it purchases. Such regulations may authorize the Corporation in the sale of marketing certificates to charge, in addition to the face value thereof, an amount determined <page identifier="/us/stat/76/629">76 <inline class="smallCaps">Stat</inline>. 629</page>by the Secretary to be appropriate to cover estimated administrative costs in connection with the purchase and sale of the certificates and estimated interest incurred on funds of the Corporation invested in certificates purchased by it.</content> </section> <section> <heading class="smallCaps centered">“conversion factors</heading> <num value="379f"><inline class="smallCaps">“Sec</inline>. 379f. </num> <content>The Secretary shall establish conversion factors which shall be used to determine the amount of wheat contained in any food product. The conversion factor for any such food product shall be determined upon the basis of the weight of wheat used in the manufacture of such product.</content> </section> <section> <heading class="smallCaps centered">“authority to facilitate transition</heading> <num value="379g"><inline class="smallCaps">“Sec</inline>. 379g. </num> <content>The Secretary is authorized to take such action as he determines to be necessary to facilitate the transition from the program currently in effect to the program provided for in this subtitle. Notwithstanding any other provision of this subtitle, such authority shall include, but shall not be limited to, the authority to exempt all or a portion of the wheat or food products made therefrom in the channels of trade on the effective date of the program under this subtitle from the marketing restrictions in subsection (b) of section 379d, or to sell certificates to persons owning such wheat or food products at such prices as the Secretary may determine. Any such certificate shall be issued by Commodity Credit Corporation.</content> </section> <section> <heading class="smallCaps centered">“reports and records</heading> <num value="379h"><inline class="smallCaps">“Sec</inline>. 379h. </num> <content>This section shall apply to processors of wheat, warehousemen and exporters of wheat and food products, and all persons purchasing, selling, or otherwise dealing in wheat marketing certificates. Any such person shall, from time to time on request of the Secretary, report to the Secretary such information and keep such records as the Secretary finds to be necessary to enable him to carry out the provisions of this subtitle. Such information shall be reported and such records shall be kept in such manner as the Secretary shall prescribe. For the purpose of ascertaining the correctness of any report made or record kept, or of obtaining information required to be furnished in any report, but not so furnished, the Secretary is hereby authorized to examine such books, papers, records, accounts, correspondence, contracts, documents, and memorandums as he has reason to believe are relevant and are within the control of such person.</content> </section> <section> <heading class="smallCaps centered">“penalties</heading> <num value="379i"><inline class="smallCaps">“Sec</inline>. 379i. </num><subsection class="inline"><num value="a">(a) </num><content>Any person who violates or attempts to violate or who participates or aids in the violation of any of the provisions of subsection (b) of section 379d of this Act shall forfeit to the United States a sum equal to two times the face value of the marketing certificates involved in such violation. Such forfeiture shall be recoverable in a civil action brought in the name of the United States.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Any person, except a producer in his capacity as a producer, who violates or attempts to violate or who participates or aids in the violation of any provision of this subtitle, or of any regulation, governing the acquisition, disposition, or handling of marketing certificates or who fails to make any report or keep any record as required by section 379h shall be deemed guilty or a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $5,000 for each violation.</content> </subsection> <page identifier="/us/stat/76/630">76 <inline class="smallCaps">Stat</inline>. 630</page> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>Any person who, in his capacity as a producer, knowingly violates or attempts to violate or participates or aids in the violation of any provision of this subtitle, or of any regulation, governing the acquisition, disposition, or handling of marketing certificates or fails to make any report or keep any record as required by section 379h shall, (i) forfeit any right to receive marketing certificates, in whole or in part as the Secretary may determine, with respect to the farm or farms and for the marketing year with respect to which any such act or default is committed, or (ii), if such marketing certificates have already been issued, pay to the Secretary, upon demand, the amount of the face value of such certificates, or such part thereof as the Secretary may determine. Such determination by the Secretary with respect to the amount of such marketing certificates to be forfeited or the amount to be paid by such producer shall take into consideration the circumstances relating to the act or default committed and the seriousness of such act or default.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>Any person who falsely makes, issues, alters, forges, or counterfeits any marketing certificate, or with fraudulent intent possesses, transfers, or uses any such falsely made, issued, altered, forged, or counterfeited marketing certificate, shall be deemed guilty of a felony and upon conviction thereof shall be subject to a fine of not more than $10,000 or imprisonment of not more than ten years, or both.</content> </subsection> </section> <section> <heading class="smallCaps centered">“regulations</heading> <num value="379j"><inline class="smallCaps">“Sec</inline>. 379j. </num> <content>The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this subtitle including but not limited to regulations governing the acquisition, disposition, or handling of marketing certificates.”</content> </section></subtitle> </quotedContent></content></section> <section class="firstIndent1 fontsize10"> <num value="325"><inline class="smallCaps">Sec</inline>. 325. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/1051">63 Stat. 1051</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1421">7 USC 1421 note</ref>.</p></sidenote><chapeau class="inline">The Agricultural Act of 1949, as amended, is amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/6">74 Stat. 6</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1445">7 USC 1445</ref>.</p></sidenote><content class="inline">By inserting after section 106 the following new section: <quotedContent> <section class="firstIndent1 fontsize10"><num value="107"><inline class="smallCaps">“Sec</inline>. 107. </num><chapeau>Notwithstanding the provisions of section 101 of this Act, beginning with the 1964 crop—</chapeau> <paragraph class="firstIndent1 fontsize10"><num value="1">“(1) </num><content>price support for wheat accompanied by marketing certificates shall be at such level not less than 65 per centum or more than 90 per centum of the parity price therefor as the Secretary determines appropriate taking into consideration the factors specified <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/1054">63 Stat. 1054</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1421">7 USC 1421</ref>.</p></sidenote>in section 401(b),</content></paragraph> <paragraph class="firstIndent1 fontsize10"><num value="2">“(2) </num><content>if marketing quotas are in effect for wheat price support for wheat not accompanied by marketing certificates shall be at such level as the Secretary determines appropriate taking into consideration competitive world prices of wheat, the feeding value of wheat in relation to feed grains, and the level at which price support is made available for feed grains,</content></paragraph> <paragraph class="firstIndent1 fontsize10"><num value="3">“(3) </num><content>price support shall be made available only to cooperators; and if a commercial wheat-producing area is established for such crop, price support shall be made available only in the commercial wheat-producing area,</content></paragraph> <paragraph class="firstIndent1 fontsize10"><num value="4">“(4) </num><content>the level of price support for any crop of wheat for which a national marketing quota is not proclaimed or for which marketing quotas have been disapproved by producers shall be as provided in section 101, and</content></paragraph> <paragraph class="firstIndent1 fontsize10"><num value="5">“(5) </num><content>if marketing quotas are in effect for the crop of wheat, a ‘cooperator’ with respect to any crop of wheat produced on a farm shall be a producer who (i) does not knowingly exceed (A) the farm acreage allotment for wheat or any other commodity on the farm or (B) except as the Secretary may by regulation prescribe, the farm acreage allotment on any other farm for any <page identifier="/us/stat/76/631">76 <inline class="smallCaps">Stat</inline>. 631</page>commodity in which he has an interest as a producer, and (ii) complies with the land-use requirements of section 339 of the Agricultural Adjustment Act of 1938, as amended, to the extent prescribed <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 622.</p></sidenote>by the Secretary. If marketing quotas are not in effect for the crop of wheat, a ‘cooperator’ with respect to any crop of wheat produced on a farm shall be a producer who does not knowingly exceed the farm acreage allotment for wheat. No producer shall be deemed to have exceeded a farm acreage allotment for wheat if the entire amount of the farm marketing excess is delivered to the Secretary or stored in accordance with applicable regulations to avoid or postpone payment of the penalty, but the producer shall not be eligible to receive price support on such marketing excess. No producer shall be deemed to have exceeded the farm acreage allotment for wheat on any other farm, if such farm is exempt from the farm marketing quota for such crop under section 335.” <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 621.</p></sidenote></content></paragraph> </section> </quotedContent></content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>By changing the period at the end of the third sentence in section 407 to a colon and adding the following: <proviso>“<quotedText><i>Provided</i>, That <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/1055">63 Stat. 1055</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1427">7 USC 1427</ref>.</p></sidenote>if a wheat marketing allocation program is in effect, the current support price for wheat shall be the support price for wheat accompanied by marketing certificate and wheat sold shall be accompanied by a marketing certificate.</quotedText>”</proviso></content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="326"><inline class="smallCaps">Sec</inline>. 326. </num> <content>Notwithstanding any other provision of law, performance rendered in good faith in reliance upon action or advice of an authorized representative of the Secretary may be accepted as meeting the requirements of subsections (c), (d),and (g) of section 16 of the Soil Conservation and Domestic Allotment Act, as amended, or of section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/6/302">75 Stat. 6, 302</ref>; <i>Ante</i>, p. 613.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s590p">16 USC 590p</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 615.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 622.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/297">75 Stat. 297</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1334">7 USC 1334 note</ref>.</p></sidenote>307 of the Food and Agriculture Act of 1962, section 339 of the Agricultural Act of 1938, as amended, or of section 124 of the Agricultural Act of 1961, and payment may be made therefor in accordance with such action or advice to the extent the Secretary deems it desirable in order to provide fair and equitable treatment.</content> </section> <section class="firstIndent1 fontsize10"> <num value="327"><inline class="smallCaps">Sec</inline>. 327. </num> <content>In the establishment of State, county, and farm acreage allotments for wheat under the Agricultural Adjustment Act of 1938, as amended, the acreage which is determined under regulations of the Secretary to have been diverted from the production of wheat under the special programs formulated pursuant to section 307 of this Act, section 339 of the Agricultural Adjustment Act of 1938, as amended, and section 124 of the Agricultural Act of 1961, shall be credited to the State, county, and farm as though such acreage had actually been devoted to the production of wheat.</content> </section> <section class="firstIndent1 fontsize10"> <num value="328"><inline class="smallCaps">Sec</inline>. 328. </num> <content>Effective with the 1964 crop, during any year in which an acreage diversion program is in effect for feed grains, the Secretary shall, notwithstanding any other provision of law, permit producers of feed grains to have acreage devoted to the production of feed grains considered as devoted to the production of wheat and producers of wheat to have acreage devoted to the production of wheat considered as devoted to the production of feed grains to such extent and subject to such terms and conditions as the Secretary determines will not impair the effective operation of the program for feed grains or wheat.</content> </section> <num value="IV">TITLE IV—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <chapeau>The Consolidated Farmers Home Administration Act of 1961 (75 Stat. 307) is amended as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1921">7 USC 1921 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1923">7 USC 1923</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>By inserting in section 303 after “<quotedText>use and conservation</quotedText>” a comma and the following “<quotedText>including recreational uses and facilities</quotedText>”;</content> </paragraph> <page identifier="/us/stat/76/632">76 <inline class="smallCaps">Stat</inline>. 632</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1926">7 USC 1926</ref>.</p></sidenote><content class="inline">By inserting in section 306(a) after “<quotedText>soil conservation practices,</quotedText>” the following: “<quotedText>shifts in land use including the development of recreational facilities,</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1929">7 USC 1929</ref>.</p></sidenote><content class="inline">By striking out in section 309 (f) (1) the figure “<quotedText>$10,000,000</quotedText>” and inserting in lieu thereof the figure “<quotedText>$25,000,000</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1942">7 USC 1942</ref>.</p></sidenote><content class="inline">By inserting in section 312 after the words “<quotedText>and conservation</quotedText>” the words “<quotedText>including recreational uses and facilities</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>By adding at the end thereof a new section as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="343"><inline class="smallCaps">“Sec</inline>. 343. </num><sidenote><p class="firstIndent1 fontsize8">“Farmers.”</p></sidenote><content class="inline">As used in this title (1) the term ‘farmers’ shall be deemed to include persons who are engaged in, or who, with assistance afforded under this title, intend to engage in, fish farming, and (2) <sidenote><p class="firstIndent1 fontsize8">“Farming.”</p></sidenote>the term ‘farming’ shall be deemed to include fish farming.”</content> </section> </quotedContent></content></paragraph></section> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content>Congress hereby reconfirms its long-standing policy of favoring the use by governmental agencies of the usual and customary channels, facilities, and arrangements of trade and commerce, and directs the Secretary of Agriculture and the Commodity Credit Corporation to the maximum extent practicable to adopt policies and procedures designed to minimize the acquisition of stocks by the Commodity Credit Corporation, to encourage orderly marketing of farm commodities through private competitive trade channels, both cooperative and noncooperative, and to obtain maximum returns in the marketplace for producers and for the Commodity Credit Corporation.</content> </section> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <content>The Agricultural Adjustment Act, as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/906">68 Stat. 906</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s608c">7 USC 608c</ref>.</p></sidenote>amended, is further amended as follows: Section 8c(6) is amended by striking the period at the end of (I) thereof and inserting in lieu thereof the following: <proviso>“<quotedText>: <i>Provided</i>, That with respect to orders applicable to cherries such projects may provide for any form of marketing promotion including paid advertising.</quotedText>”</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/293">75 Stat. 293</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1427">7 USC 1427</ref>.</p></sidenote><content class="inline">Section 407 of the Agricultural Act of 1949, as amended, is amended by adding at the end thereof a new sentence as follows: “<quotedText>Notwithstanding the foregoing, whenever prior to December 31, 1963, the Secretary determines it necessary in order to assure the Nation an adequate supply of milk free of contamination by radioactive fallout, he may make feed owned or controlled by the Commodity Credit Corporation available to producers of milk in any area or areas of the United States at such prices and on such terms and conditions as he deems appropriate in the public interest.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <num value="405"><inline class="smallCaps">Sec</inline>. 405. </num> <content>If any provision of this Act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of this Act and the applicability thereof to other persons and circumstances shall not be affected thereby.</content></section> Approved September 27, 1962, 1:00 p.m.
Public Law 87–704: To authorize the Secretary of the Treasury to issue certificates of honorable service in lieu of certificates of disenrollment to certain persons who served as temporary members of the United States Coast Guard Reserve during World War II. Public Law 704 Public Law 87–704 76 Stat. 632 1962-09-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–704
AN ACT To authorize the Secretary of the Treasury to issue certificates of honorable service in lieu of certificates of disenrollment to certain persons who served as temporary members of the United States Coast Guard Reserve during World War II.

September 27, 1962

[H. R. 2292]

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

Coast Guard.

Reserves, recognition.
That chapter 21 of of title 14, United States Code, be amended by inserting therein after section 762 the following new section: 76 Stat. 633
“§ 763. Certificate of honorable service of temporary members “In recognition of the service of temporary members of the Reserve during World War II, the Secretary may upon request issue an appropriate certificate of honorable service in lieu of a certificate of disenrollment issued to any person following disenrollment under honorable conditions from service as a temporary member during the period from December 7, 1941, to July 1, 1946, both dates inclusive. Issuance of a certificate of honorable service to any person under this section does not entitle him to any rights, privileges, or benefits under any law of the United States.”
(b) The analysis of chapter 21 of title 14, United States Code, is amended by inserting following “762.

the following:

“763.
Approved September 27, 1962.
Public Law 87–705: To amend the District of Columbia Unemployment Compensation Act, as amended. Public Law 705 Public Law 87–705 76 Stat. 633 1962-09-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–705
AN ACT To amend the District of Columbia Unemployment Compensation Act, as amended.

September 27, 1962

[H. R. 12762]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section

D. C. Unemployment Compensation Act, amendment.

Experience rating period.

57 Stat. 106.

3(c) (4) (i) of the District of Columbia Unemployment Compensation Act, approved August 28, 1935 (49 Stat. 946), as amended (sec. 46–303, D.C. Code), is amended by striking out the period at the end thereof and inserting in lieu thereof a colon and the following: “Provided, That for the calendar year 1963, and for each calendar year thereafter, any employer who is subject to this Act by virtue of the amendment or section 1 (b) (5) (G) of this Act by the Act of March 30, 1962, and who has not been subject to this Act for a sufficient period

Ante, p. 46.

to meet this requirement, may qualify for a rate less than the standard rate if his account could have been charged with benefit payments throughout a lesser period but, in no event, less than the twelve consecutive calendar months ending on the computation date (as herein defined) for that calendar year.” (b) Section 3(c) (5) of such Act is amended by adding at the end

60 Stat. 527.

Classification of employers.

thereof the following: “The Board shall compute rates for the second six months of 1963 for all employers first acquiring the necessary twelve months’ benefit experience under section 3(c) (4) (i) on the computation date June 30, 1963. Such rates shall be based upon such employer’s experience in the payment of contributions and benefits charged against his account through June 30, 1963, prior to the crediting of his account with trust fund interest. All employers issued a rate for the second six months of 1963, under this subsection, shall have a computation date of September 30, 1963, for the calendar year 1964.” (c) Section 3(c) (9) (b) of such Act is amended by striking out the

57 Stat. 108.

semicolon at the end thereof and inserting in lieu thereof a colon and the following: “Provided, That for an employer whose account could have been charged with benefit payments throughout at least twelve but less than thirty-six consecutive calendar months ending on the computation date, the term ‘average annual payroll’ means the total

“Average annual payroll.”

amount of wages for employment paid by him during the twelve-month period ending ninety days prior to the computation date;”.
Approved September 27, 1962.
Public Law 87–706: To authorize the Secretary of the Interior to construct, operate, and maintain the upper division of the Baker Ferlerai reclamation project, Oregon, and for other purposes. Public Law 706 Public Law 87–706 76 Stat. 634 1962-09-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 634 Public Law 87–706
AN ACT To authorize the Secretary of the Interior to construct, operate, and maintain the upper division of the Baker Ferlerai reclamation project, Oregon, and for other purposes.

September 27, 1962

[H. R. 575]

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

Baker Federal reclamation project, Oreg.

Construction authorization.
That for the purposes of providing irrigation water, controlling floods, conserving and developing fish and wildlife, and providing recreational benefits, the Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory

43 USC 371 note.

thereof or supplementary thereto), is authorized to construct, operate, and maintain the facilities of the upper division of the Baker Federal reclamation project, Oregon. The principal works of the project shall consist of a dam and reservoir, pumping plants, and related facilities.
Sec. 2.

Repayment period, extension.

53 Stat. 1193; 72 Stat. 542.

 (a) The period provided in subsection (d), section 9, of the Reclamation Project Act of 1939, as amended (43 U.S.C. 485h), for repayment of the construction cost properly chargeable to any block of lands and assigned to be repaid by irrigators, may be extended to fifty year, exclusive of any development period, from the time water is first delivered to that block or to as near that number of years as is consistent with the adoption and operation of a variable repayment plan as is provided therein. Costs allocated to irrigation in excess of the amount determined by the Secretary to be within the ability of the irrigators to repay, within the repayment period or periods herein specified, shall be returned to the reclamation fund within such period or periods from revenues derived by the Secretary of the Interior from the disposition of power from the McNary project power facilities. (b) Any lands in the upper division of the Baker project, Oregon, which are held in private ownership by a person whose holdings exceed the equivalent of one hundred and twenty acres of class 1 land shall, to the extent they exceed that acreage, be deemed excess lands. No water shall be furnished to such excess lands from, through, or by means of project works unless (1) the owner’s total holdings do not exceed one hundred and sixty irrigable acres or (2) said owner shall have executed a valid recordable contract with respect to the excess in like manner as provided in the third sentence of section 46 of the Act of May 25, 1926 (44 Stat. 636, 649, 43 U.S.C. 423e). In computing “the equivalent of one hundred and twenty acres of class 1 land” under the first sentence of this section, each acre of class 2 land shall be counted as seventy-five one-hundredths of an acre, each acre of class 3 land shall be counted as fifty-five one-hundredths of an acre, and each acre of class 4 land shall be counted as thirty-eight one-hundredths of an acre.
Sec. 3.

Public recreation facilities.

 (a) The Secretary of the Interior is authorized, in connection with the upper division of the Baker project, to construct minimum basic public recreation facilities and to arrange for the operation and maintenance of the same by an appropriate State, or local agency or organization. The cost of constructing such facilities shall be non-reimbursable and nonreturnable under the reclamation laws. (b)

Fish and wild-life conservation.

 The Secretary may make such reasonable provision in the works authorized by this Act as he finds to be required for the conservation and development of fish and wildlife in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended;

60 Stat. 1080.

16 U.S.C. 661–666c, inclusive), and the portion of the construction costs allocated to these purposes and to flood control, together with an appropriate share of the operation, maintenance, and replacement costs 76 Stat. 635therefor, shall he nonreimbursable and nonreturnable. Before the works are transferred to an irrigation water user’s organization for care, operation, and maintenance, the organization shall have agreed to operate them in a manner satisfactory to the Secret ary of the Interior with respect to achieving the fish and wildlife benefits, and to return the works to the United States for care, operation, and maintenance in the event of failure to comply with the requirements to achieve such benefits. (c) The works authorized in this Act shall be operated for flood control in accordance with regulations prescribed by the Secretary of the Army pursuant to section 7 of the Flood Control Act approved September 22, 1944 (58 Stat. 887).

33 USC 709.

Appropriation.
Sec. 4. There is hereby authorized to be appropriated for construction of the Baker Federal reclamation project the sum of $6,168,000 (February 1962 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for operation and maintenance of the project.
Approved September 27, 1962.
Public Law 87–707: To amend part I of the Interstate Commerce Act in order to provide that the provisions of section 4(1) thereof, relating to long-and short-haul charges, shall not apply to express companies. Public Law 707 Public Law 87–707 76 Stat. 635 1962-09-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–707
AN ACT To amend part I of the Interstate Commerce Act in order to provide that the provisions of section 4(1) thereof, relating to long-and short-haul charges, shall not apply to express companies.

September 27, 1962

[S. 319]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 4(1)

Interstate Commerce Act, amendment.

Long-and short-haul charges, exemption.

71 Stat. 292.

of the Interstate Commerce Act (49 U.S.C. 4(1)) is amended by inserting before the period at the end thereof a colon and the following: “And provided further, That the provisions of this paragraph shall not apply to express companies subject to the provisions of this part, except that the exemption herein accorded express companies shall not be construed to relieve them from the operation of any other provision contained in this Act”.
Approved September 27, 1962.
Public Law 87–708: To amend the Act of February 28, 1901, to insure that policemen and firemen in the District of Columbia will receive medical care for all injuries and diseases. Public Law 708 Public Law 87–708 76 Stat. 635 1962-09-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–708
AN ACT To amend the Act of February 28, 1901, to insure that policemen and firemen in the District of Columbia will receive medical care for all injuries and diseases.

September 27, 1962

[H. R. 12727]

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

D.C. policemen and firemen.

Medical care.

sentence of paragraph (7) of the first section of the Act entitled “An Act relating to the Metropolitan Police of the District of Columbia”, approved February 28, 1901, as amended (D.C. Code, sec. 4–124), is

34 Stat. 222.

amended by inserting after “Fire Department of said District” the following: “for any injury received or disease contracted (whether or not received or contracted in the performance of duty)”.
Approved September 27, 1962.
Public Law 87–709: To provide for the formation of partnerships in the District of Columbia and to make uniform the law with respect thereto. Public Law 709 Public Law 87–709 76 Stat. 636 1962-09-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 636 Public Law 87–709
AN ACT To provide for the formation of partnerships in the District of Columbia and to make uniform the law with respect thereto.

September 27, 1962

[H. R. 12675]

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

D. C.

Uniform Partnership Act.
That this Act to provide for the formation of partnerships in the District of Columbia and to make uniform the law with respect thereto shall be in effect in the District of Columbia on and after the date of the enactment of this Act.
Part I preliminary provisions
Section 1. Name of Act.— This Act may be cited as the “Uniform Partnership Act”.
Sec. 2. Definition of Terms.—

In this Act, “court” includes every court and judge having jurisdiction in the case.

“Business” includes every trade, occupation, or profession.

“Person” includes individuals, partnerships, corporations, and other associations.

“Bankrupt” includes bankrupt under the Federal Bankruptcy Act or insolvent under any law of the District of Columbia.

“Conveyance” includes every assignment, lease, mortgage, or encumbrance.

“Real property” includes land and any interest or estate in land.
Sec. 3. Interpretation of Knowledge and Notice.— (1) A person has “knowledge” of a fact within the meaning of this Act not only when he has actual knowledge thereof, but also when he has knowledge of such other facts as in the circumstances show bad faith. (2) A person has “notice” of a fact within the meaning of this Act when the person who claims the benefit of the notice— (a) states the fact to such person, or (b) delivers through the mail, or by other means of communication, a written statement of the fact to such person or to a proper person at his place of business or residence.
Sec. 4. Rules of Construction.— (1) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this Act. (2) The law of estoppel shall apply under this Act. (3) The law of agency shall apply under this Act. (4) This Act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those jurisdictions which enact it. (5) This Act shall not be construed so as to impair the obligations of any contract existing when the Act goes into effect, nor to affect any action or proceedings begun or right accrued before this Act takes effect.
Sec. 5. Rules for Cases Not Provided for in This Act.— In any case not provided for in this Act the rules of law and equity, including the law merchant, shall govern.
Part II nature of a partnership
Sec. 6. Partnership Defined.— (1) A partnership is an association of two or more persons to carry on as coowners a business for profit. (2) But any association formed under any other statute of this jurisdiction, or any statute adopted by authority, other than the au-76 Stat. 637thority of this jurisdiction is not a partnership under this Act, unless such association would have been a partnership in this jurisdiction prior to the adoption of this Act; but this Act shall apply to limited partnerships except insofar as the statutes of the District of Columbia relating to such partnerships are inconsistent herewith.
Sec. 7. Rules for Determining the Existence of a Partnership.— In determining whether a partnership exists, these rules shall apply: (1) Except as provided by section 16 persons who are not partners as to each other are not partners as to third persons. (2) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such co-owners do or do not share any profits made by the use of the property. (3) The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived. (4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment— (a) as a debt by installments or otherwise, (b) as wages of an employee or rent to a landlord, (c) as an annuity to a widow or representative of a deceased partner, (d) as interest on a loan, though the amount of payment varies with the profits of the business, (e) as the consideration for the sale of the goodwill of a business or other property by installments or otherwise.
Sec. 8. Partnership Property.— (1) All property originally brought into the partnership stock or subsequently acquired by purchase or otherwise, on account of the partnership, is partnership property. (2) Unless the contrary intention appeal’s, property acquired with partnership funds is partnership property. (3) Any estate in real property may be acquired in the partnership name. Title so acquirea can be conveyed only in the partnership name. (4) A conveyance to a partnership in the partnership name, though without words of inheritance, passes the entire estate of the grantor unless a contrary intent appears.
Part III relations of partners to persons dealing with the partnership
Sec. 9. Partner Agent of Partnership as to Partnership Business.— (1) Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing nas knowledge of the fact that he has no such authority. (2) An act of a partner which is not apparently for the carrying on of the business of the partnership in the usual way does not bind the partnership unless authorized by the other partners. 76 Stat. 638 (3) Unless authorized by the other partners or unless they have abandoned the business, one or more but less than all the partners have no authority to— (a) assign the partnership property in trust for creditors or on the assignee’s promise to pay the debts of the partnership, (b) dispose of the goodwill of the business, (c) do any other act which would make it impossible to carry on the ordinary business of a partnership, (d) confess a judgment, (e) submit a partnership claim or liability to arbitration or reference. (4) No act of a partner in contravention of a restriction on authority shall bind the partnership to persons having knowledge of the restriction.
Sec. 10. Conveyance of Real Property of the Partnership.— (1) Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property unless the partner’s act binds the partnership under the provisions of paragraph (1) of section 9, or unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority. (2) Where title to real property is in the name of the partnership, a conveyance executed by a partner, in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of paragraph (1) of section 9. (36) Where title to real property is in the name of one or more but not all the partners, and the record does not disclose the right of the partnership, the partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partners’ act does not bind the partnership under the provisions of paragraph (1) of section 9, unless the purchaser or his assignee is a holder for value, without knowledge. (4) W’here the title to real property is in the name of one or more or all the, partners, or in a third person in trust for the partnership, a conveyance executed by a partner in the partnership name, or in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of paragraph (1) of section 9. (5) Where the title to real property is in the names of all the partners a conveyance executed by all the partners passes all their rights in such property.
Sec. 11. Partnership Bound by Admission of Partner.— An admission or representation made, by any partner concerning partnership affairs within the scope of his authority as conferred by this Act is evidence against the partnership.
Sec. 12. Partnership Charged With Knowledge of or Notice to Partner.— Notice to any partner of any matter relating to partnership affairs, and the knowledge of the partner acting in the particular matter, acquired while a partner or then present to his mind, and the knowledge of any other partner who reasonably could and should have communicated it to the acting partner, operate as notice to or knowledge of the partnership, except in the case of a fraud on the partnership committed by or with the consent of that partner.
Sec. 13. Partnership Bound by Partner’s Wrongful Act.— Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership or with the authority of his copartners, loss or injury is caused to any person, not being a partner 76 Stat. 639in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act.
Sec. 14. Partnership Bound by Partner’s Breach of Trust.— The partnership is bound to make good the loss: (a) Where one partner acting within the scope of his apparent authority receives money or property of a third person and misapplies it; and (b) Where the partnership in the course of its business receives money or property of a third person and the money or property so received is misapplied by any partner while it is in the custody of the partnership.
Sec. 15. Nature of Partner’s Liability.— All partners are liable— (a) jointly and severally for everything chargeable to the partnership under sections 13 and 14, (b) jointly for all other debts and obligations of the partnership; but any partner may enter into a separate obligation to perform a partnership contract.
Sec. 16. Partner by Estoppel.— (1) When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him to any one, as a partner in an existing partnership or with one or more persons not actual partners, he is liable to any such person to whom such representation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership, and if he has made such representation or consented to its being made in a public manner he is liable to such person, whether the representation has or has not been made or communicated to such person so giving credit by or with the knowledge of the apparent partner making the representation or consenting to its being made. (a) When a partnership liability results, he is liable as though he were an actual member of the partnership. (b) When no partnership liability results, he is liable jointly with the other persons, if any, so consenting to the contract or representation as to incur liability, otherwise separately. (2) When a person has been thus represented to be a partner in an existing partnership, or with one or more persons not actual partners, he is an agent of the persons consenting to such representation to bind them to the same extent and in the same manner as though he were a partner in fact, with respect to persons who rely upon the representation. Where all the members of the existing partnership consent to the representation, a partnership act or obligation results; but in all other cases it is the joint act or obligation of the person acting and the persons consenting to the representation.
Sec. 17. Liability of Incoming Partner.— A person admitted as a partner into an existing partnership is liable for all the obligations of the partnership arising before his admission as though he had been a partner when such obligations were incurred, except that this liability shall be satisfied only out of partnership property.
Part IV relations of partners to one another
Sec. 18. Rules Determining Rights and Duties of Partners.— The rights and duties of the partners in relation to the partnership shall be determined, subject to any agreement between them, by the following rules: (a) Each partner shall be repaid bis contributions, whether by way of capital or advances to the partnership property and share 76 Stat. 640equally in the profits and surplus remaining after all liabilities, including those to partners, are satisfied; and must contribute toward the losses, whether of capital or otherwise, sustained by the partnership according to his share in the profits. (b) The partnership must indemnify every partner in inspect of payments made and’personal liabilities reasonably incurred by him in the ordinary and proper conduct of its business or for the preservation of its business or property. (c) A partner, who in aid of the partnership makes any payment or advance beyond the amount of capital which he agreed to contribute, shall be paid interest from the date of the payment or advance. (d) A partner shall receive interest on the capital contributed by him only from the date when repayment should be made. (e) All partners have equal rights in the management and conduct of the partnership business. (f) No partner is entitled to remuneration for acting in the partnership business, except that a surviving partner is entitled to reasonable compensation for his services in winding up the partnership affairs. (g) No person can become a member of a partnership without the consent of all the partners. (h) Any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners; but no act in contravention of any agreement between the partners may tie done rightfully without the consent of all the partners.
Sec. 19. Partnership Books.— The partnership books shall be kept, subject to any agreement between the partners, at the principal place of business of the partnership, and every partner shall at all times have access to and may inspect and copy any of them.
Sec. 20. Duty of Partners to Render Information.— Partners shall render on demand true and full information of all things affecting the partnership to any partner or the legal representative of any deceased partner or partner under legal disability.
Sec. 21. Partner Accountable as a Fiduciary.— (1) Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from any use by him of its property. (2) This section applies also to the representatives of a deceased partner engaged in the liquidation of the affairs of the partnership as the personal representatives of the last surviving partner.
Sec. 22. Right to an Account.— Any partner shall have the right to a formal account as to partnership affairs— (a) If he is wrongfully excluded from the partnership business or possession of its property by his copartners, (b) If the right exists under the terms of any agreement, (c) As provided by section 21, (d) Whenever other circumstances render it just and reasonable.
Sec. 23. Continuation of Partnership Beyond Fixed Term.— (1) When a partnership for a fixed term or particular undertaking is continued after the termination of such term or particular undertaking without any express agreement, the rights and duties of the partners remain the same as they were at such termination, so far as is consistent with a partnership at will. 76 Stat. 641 (2) A continuation of the business by the partners or such of them as habitually acted therein during the term, without any settlement or liquidation of the partnership affairs, is prima facie evidence of a continuation of the partnership.
Part V property rights of a partner
Sec. 24. Extent of Property Rights of a Partner.— The property rights of a partner are (1) his rights in specific partnership property, (2) his interest in the partnership, and (3) his right to participate in the management.
Sec. 25. Nature of a Partner’s Right in Specific Partnership Property.— (1) A partner is coowner with his partners of specific partnership property holding as a tenant in partnership. (2) The incidents of this tenancy are such that: (a) A partner, subject to the provisions of this Act and to any agreement between the partners, has an equal right with his partners to possess specific partnership property for partnership purposes; but he has no right to possess such property for any other purpose without the consent of his partners. (b) A partner’s right in specific partnership property is not assignable except in connection with the assignment of rights of all the partners in the same property. (c) A partner’s right in specific partnership property is not subject to attachment or execution, except on a claim against the partnership. When partnership property is attached for a partnership debt the partners, or any of them, or the representatives of a deceased partner, cannot claim any right under the homestead or exemption laws. (d) On the death of a partner his right in specific partnership property vests in the surviving partner or partners, except where the deceased was the last surviving partner, when his right in such property vests in his legal representative. Such surviving partner or partners, or the legal representative of the last surviving partner, has no right to possess the partnership property for any but a partnership purpose. (e) A partner’s right in specific partnership property is not subject to dower, curtesy, or allowances to widows, heirs, or next of kin.
Sec. 26. Nature of Partner’s Interest in the Partnership.— A partner’s interest in the partnership is his share of the profits and surplus, and the same is personal property.
Sec. 27. Assignment of Partner’s Interest.— (1) A conveyance by a partner of his interest in the partnership does not of itself dissolve the partnership, nor, as against the other partners in the absence of agreement, entitle the assignee, during the continuance of the partnership, to interfere in the management or administration of the partnership business or affairs, or to require any information or account of partnership transactions, or to inspect the partnership books; but it merely entitles the assignee to receive in accordance with his contract the profits to which the assigning partner would otherwise be entitled. (2) In case of a dissolution of the partnership, the assignee is entitled to receive his assignor’s interest and may require an account from the date only of the last account agreed to by all the partners.
Sec. 28. Partner’s Interest Subject to Charging Order.— (1) On due application to a competent court, by any judgment creditor of a partner, the court which entered the judgment, order, or decree, 76 Stat. 642or any other court, may charge the interest of the debtor partner with payment of the unsatisfied amount of such judgment debt with interest thereon; and may then or later appoint a receiver of his share of the profits, and of any other money due or to fall due to him in respect of the partnership, and make all other orders, directions, accounts, and inquiries which the debtor partner might have made, or which the circumstances of the case may require. (2) The interest charged may be redeemed at any time before foreclosure, or in case of a sale being directed by the court may be purchased without thereby causing a dissolution: (a) With separate property, by any one or more of the partners, or (b) With partnership property, by any one or more of the partners with the consent of all the partners whose interests are not so charged or sold. (3) Nothing in this Act shall be held to deprive a partner of his right, if any, under the exemption laws, as regards his interest in the partnership.
Part VI dissolution and winding up
Sec. 29. Dissolution Defined.— The dissolution of a partnership is the change in the relation of the partners caused by any partner ceasing to be associated in the carrying on as distinguished from the winding up of the business.
Sec. 30. Partnership Not Terminated by Dissolution.— On dissolution the partnership is not terminated, but continues until the winding up of partnership affairs is completed.
Sec. 31. Causes of Dissolution.— Dissolution is caused: (1) With-out violation of the agreement between the partners— (a) by the termination of the definite term or particular undertaking specified in the agreement, (b) by the express will of any partner when no definite term or particular unaertaking is specified, (c) by the express will of all the partners who have not assigned their interests or suffered them to be charged for their separate debts, either before or after the termination of any specified term or particular undertaking, (d) by the expulsion of any partner from the business bona fide in accordance with such a power conferred by the agreement between the partners; (2) In contravention of the agreement between the partners, where the circumstances do not permit a dissolution under any other provision of this section, by the express will of any partner at any time; (3) By any event which makes it unlawful for the business of the partnership to be carried on or for the members to carry it on in partnership; (4) By the death of any partner; (5) By the bankruptcy of any partner or the partnership; (6) By decree of court under section 32.
Sec. 32. Dissolution by Decree of Court.— (1) On application by or for a partner the court shall decree a dissolution whenever— (a) a partner has been declared a lunatic in any judicial proceeding or is shown to be of unsound mind, (b) a partner becomes in any other way incapable of performing his part of the partnership contract, (c) a partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business, 76 Stat. 643 (d) a partner wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him, (e) the business of the partnership can only be carried on at a loss, (f) other circumstances render a dissolution equitable. (2) On the application of the purchaser of a partner’s interest under sections 27 and 28— (a) after the termination of the specified term or particular undertaking, (b) at any time if the partnership was a partnership at will when the interest was assigned or when the charging order was issued.
Sec. 33. General Effect of Dissolution on Authority of Partner.— Except so far as may be necessary to wind up partnership affairs or to complete transactions begun but not then finished, dissolution terminates all authority of any partner to act for the partnership— (1) with respect to the partners— (a) when the dissolution is not by the act, bankruptcy or death of a partner; or (b) when the dissolution is by such act, bankruptcy or death of a partner, in cases where section 34 so requires; (2) with respect to persons not partners, as declared in section 35.
Sec. 34. Right of Partner to Contribution From Copartners After Dissolution.— Where the dissolution is caused by the act, death, or bankruptcy of a partner, each partner is liable to his copartners for his share of any liability created by any partner acting for the partnership as if the partnership had not been dissolved unless— (a) the dissolution being by act of any partner, the partner acting for.the partnership had knowledge of the dissolution, or (b) the dissolution being by the death or bankruptcy of a partner, the partner acting for the partnership had knowledge or notice of the death or bankruptcy.
Sec. 35. Power of Partner To Bind Partnership to Third Persons After Dissolution.— (1) After dissolution a partner can bind the partnership except as provided in paragraph (3)— (a) by any act appropriate for winding up partnership affairs or completing transactions unfinished at dissolution; (b) by any transaction which would bind the partnership if dissolution had not taken place, provided the other party to the transaction, (I) had extended credit to the partnership prior to dissolution and had no knowledge or notice of the dissolution; or (II) though he had not so extended credit, had nevertheless known of the partnership prior to dissolution, and, having no knowledge or notice of dissolution, the fact of dissolution had not been advertised in a newspaper of general circulation in the place (or in each place if more than one) at which the partnership business was regularly carried on. (2) The liability of a partner under paragraph (1)(b) shall be satisfied out of partnership assets alone when such partner has been prior to dissolution— (a) unknown as a partner to the person with whom the contract is made; and (b) so far unknown and inactive in partnership affairs that the business reputation of the partnership could not be said to have been in any degree due to his connection with it. 76 Stat. 644 (3) The partnership is in no case bound by any act of a partner after dissolution— (a) where the partnership is dissolved because it is unlawful to carry on the business, unless the act is appropriate for winding up partnership affairs; or (b) where the partner has become bankrupt; or (c) where the partner has no authority to wind up partnership affairs; except by a transaction with one who, (I) had extended credit to the partnership prior to dissolution and had no knowledge or notice of his want of authority; or (II) had not extended credit to the partnership prior to dissolution, and, having no knowledge or notice of his want of authority, the fact of his want of authority had not been advertised in the manner provided for advertising the fact of dissolution in paragraph (1)(b)(II). (4) Nothing in this section shall affect the liability under section 16 or any person who after dissolution represents himself or consents to another representing him as a partner in a partnership engaged in carrying on business.
Sec. 63. Effect of Dissolution on Partner’s Existing Liability.— (1) The dissolution of the partnership does not of itself discharge the existing liability of any partner. (2) A partner is discharged from any existing liability upon dissolution of the partnership by an agreement to that effect between himself, the partnership creditor and the person or partnership continuing the business; and such agreement may be inferred from the course of dealing between the creditor having Knowledge of the dissolution and the person or partnership continuing the business. (3) Where a person agrees to assume the existing obligations of a dissolved partnership, the partners whose obligations have been assumed shall be discharged from any liability to any creditor of the partnership who, knowing of the agreement, consents to a material alteration in the nature or time of payment of such obligations. (4) The individual property of a deceased partner shall be liable for all obligations of the partnership incurred while he was a partner but subject to the prior payment of his separate debts.
Sec. 37. Right To Wind Up.— Unless otherwise agreed the partners who have not wrongfully dissolved the partnership or the legal representative of the last surviving partner, not bankrupt, has the right to wind up the partnership affairs: Provided, however, That any partner, his legal representative or his assignee, upon cause shown, may obtain winding up by the court.
Sec. 38. Rights of Partners to Application of Partnership Property.— (1) When dissolution is caused in any way, except in contravention of the partnership agreement, each partner, as against his copartner and all persons claiming through them in respect of their interests in the partnership, unless otherwise agreed, may have the partnership property applied to discharge its liabilities, and the surplus applied to pay in cash the net amount owing to the respective partners. But if dissolution is caused by expulsion of a partner bona fide under the partnership agreement and if the expelled partner is discharged from all partnership liabilities, either by payment or agreement under section 36(2), he shall receive in cash only the net amount due him from the partnership. (2) When dissolution is caused in contravention of the partnership agreement the rights of the partners shall be as follows: (a) Each partner who has not caused dissolution wrongfully shall have— 76 Stat. 645 (I) all the rights specified in paragraph (1) of this section, and (II) the right, as against each partner who has caused the dissolution wrongfully, to damages for breach of the agreement. (b) The partners who have not caused the dissolution wrongfully, if they all desire to continue the business in the same name, either by themselves or jointly with others, may do so, during the agreed term for the partnership and for that purpose may possess the partnership property, provided they secure the payment by bond approved by the court, or pay to any partner who has caused the dissolution wrongfully, the value of his interest in the partnership at the dissolution, less any damages recoverable under clause (2)(a)(II) of this section, and in like manner indemnify him against all present or future partnership liabilities. (c) A partner who has caused the dissolution wrongfully shall have— (I) if the business is not continued under the provisions of paragraph (2)(b) all the rights of a partner under paragraph (1), subject to clause (2)(a)(II) of this section, (II) if the business is continued under paragraph (2)(b) of this section, the right as against his copartners and all claiming through them in respect of their interests in the partnership to nave the value of his interest in the partnership, less any damages caused to his copartners by the dissolution, ascertained and paid to him in cash, or the payment secured by bond approved by the court, and to be released from all existing liabilities of the partnership; but in ascertaining the value of the partner’s interest the value of the goodwill of the business shall not be considered.
Sec. 39. Rights Where Partnership Is Dissolved for Fraud or Misrepresentation.— Where a partnership contract is rescinded on the ground of the fraud or misrepresentation of one of the parties thereto, the party entitled to rescind is, without prejudice to any other right, entitled— (a) To a lien on, or right of retention of, the surplus of the partnership property after satisfying the partnership liabilities to third persons for any sum of money paid by him for the purchase of an interest in the partnership and for any capital or advances contributed by him; and (b) To stand, after all liabilities to third persons have been satisfied, in the place of the creditors of the partnership for any payments made by him in respect of the partnership liabilities; and (c) To be indemnified by the person guilty of the fraud or making the representation against all debts and liabilities of the partnership.
76 Stat. 646
Sec. 40. Rules for Distribution.— In settling accounts between the partners after dissolution, the following rules shall be observed, subject to any agreement to the contrary: (a) The assets of the partnership are— (I) the partnership property, (II) the contributions of the partners necessary for the payment of all the liabilities specified in clause (b) of this paragraph. (b) The liabilities of the partnership shall rank in order of payment, as follows: (I) Those owing to creditors other than partners, (II) Those owing to partners other than for capital and profits, (III) Those owing to partners in respect of capital, (IV) Those owing to partners in respect of profits. (c) The assets shall be applied in the order of their declaration in clause (a) of this paragraph to the satisfaction of the liabilities. (d) The partners shall contribute, as provided by section 18(a), the amount necessary to satisfy the liabilities; but if any, but not all, of the partners are insolvent, or, not being subject to process, refuse to contribute, the other partners shall contribute their share of the liabilities, and, in the relative proportions in which they share the profits, the additional amount necessary to pay the liabilities. (e) An assignee for the benefit of creditors or any person appointed by the court shall have the right to enforce the contributions specified in clause (d) of this paragraph. (f) Any partner or his legal representative shall have the right to enforce the contributions specified in clause (d) of this paragraph, to the extent of the amount which he has paid in excess of his share of the liability. (g) The individual property of a deceased partner shall be liable for the contributions specified in clause (d) of this paragraph. (h) When partnership property and the individual properties of the partners are in possession of a court for distribution, partnership creditors shall have priority on partnership property and separate creditors on individual property, saving the rights of lien or secured creditors as heretofore. (i) Where a partner has become bankrupt or his estate is insolvent the claims against his separate property shall rank in the following order: (I) Those owing to separate creditors, (II) Those owing to partnership creditors, (III) Those owing to partners by way of contribution.
Sec. 41. Liability of Persons Continuing the Business in Certain Cases.— (1) When any new partner is admitted into an existing partnership, or when any partner retires and assigns (or the representative of the deceased partner assigns) his rights in partnership property to two or more of the partners, or to one or more of the partners and one or more third persons, if the business is continued without liquidation of the partnership affairs, creditors of the first or dissolved partnership are also creditors of the partnership so continuing the business. 76 Stat. 647 (2) When all but one partner retire and assign (or the representative of a deceased partner assigns) their rights in partnership property to the remaining partner, who continues the, business without liquidation of partnership affairs, either alone or with others, creditors of the dissolved partnership are also creditors of the person or partnership so continuing the business. (3) When any partner retires or dies and the business of the dissolved partnership is continued as set forth in paragraphs (1) and (2) of this section, with the consent of the retired partners or the representative of the deceased partner, but without any assignment of his right in partnership property, rights of creditors of the dissolved partnership and of the creditors of the person or partnership continuing the business shall be as if such assignment had been made. (4) When all the partners or their representatives assign their rights in partnership property to one or more third persons who promise to pay the debts and who continue the business of the dissolved partnership, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business. (5) When any partner wrongfully causes a dissolution and the remaining partners continue the business under the provisions of section 38(2)(b), either alone or with others, and without liquidation of the partnership affairs, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business. (6) When a partner is expelled and the remaining partners continue the business either alone or with others, without liquidation of the partnership affairs, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business. (7) The liability of a third person becoming a partner in the partnership continuing the business, under this section, to the creditors of the dissolved partnership shall be satisfied out of partnership property only. (8) When the business of a partnership after dissolution is continued under any conditions set forth in this section, the creditors of the dissolved partnership, as against the separate creditors of the retiring or deceased partner or the representative of the deceased partner, have a prior right to any claim of the retired partner or the representative of the deceased partner against the person or partnership continuing the business on account of the retired or aeceased partner’s interest in the dissolved partnership or on account of any consideration promised for such interest or for his right in partnership property. (9) Nothing in this section shall be held to modify any right of creditors to set aside any assignment on the ground of fraud. (10) The use by the person or partnership continuing the business of the partnership name, or the name of a deceased partner as part thereof, shall not of itself make the individual property of the deceased partner liable for any debts contracted by such person or partnership.
Sec. 42. Rights of Retiring or Estate of Deceased Partner When the Business Is Continued.— When any partner retires or dies, and the business is continued under any of the conditions set forth in section 41 (1), (2), (3), (5), (6), or section 38(2)(b), without any settlement of accounts as between him or his estate and the person or partnership continuing the business, unless otherwise agreed, he or his legal representative, as against such persons or partnership, may have the value of his interest at the date of dissolution ascertained, and 76 Stat. 648shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with interest, or, at his option or at the option of his legal representative, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership; provided that the creditors, or the representative of the retired or deceased creditors of the dissolved partnership as against the separate partner, shall have priority on any claim arising under this section, as provided by section 41 (8) of this Act.
Sec. 43. Accrual of Right to Account.— The right to an account of his interest shall accrue to any partner, or his legal representative, as against the winding up partners or the surviving partners or the person or partnership continuing the business, at the date of dissolution, in the absence of any agreement to the contrary.
Approved September 27, 1962.
Public Law 87–710: To amend section 172 of the Internal Revenue Code of 1954 to provide a seven-year net operating loss carryover for certain regulated transportation corporations. Public Law 710 Public Law 87–710 76 Stat. 648 1962-09-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–710
AN ACT To amend section 172 of the Internal Revenue Code of 1954 to provide a seven-year net operating loss carryover for certain regulated transportation corporations.

September 27, 1962

[H. R. 12526]

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

Taxes.

Operating loss carryovers.

72 Stat. 1678.
That (a) subsection (b) of section 172 of the Internal Revenue Code of 1954 (relating to net operating loss deduction) is amended to read as follows: “(b) Net Operating Loss Carrybacks and Carryovers.— “(1) Years to which loss may be carried.— A net operating loss for any taxable year— “(A) ending after December 31, 1957, shall be a net operating loss carryback to each of the 3 taxable years preceding the taxable year of the loss, and “(B) ending after December 31, 1955, shall (except as provided in subparagraph (C)) be a net operating loss carry-over to each of the 5 taxable years following the taxable year of such loss, or “(C) ending after December 31, 1955, in the case of a tax-payer which is a regulated transportation corporation (as denned in subsection (j)(l)), shall (except as provided in subsection (j)) be a net operating loss carryover to each of the 7 taxable years following the taxable year of such loss. “(2) Amount of carrybacks and carryovers.— Except as provided in subsections (i) and (j), the entire amount of the net operating loss for any taxable year (hereinafter in this section

“Loss year.”

referred to as the ‘loss year’) shall be canned to the earliest of the taxable years to which (by reason of paragraph (1)) such loss may be carried. The portion of such loss which shall be carried to each of the other taxable years shall be the excess, if any, of the amount of such loss over the sum of the taxable income for each of the prior taxable years to which such loss may be carried. For purposes of the preceding sentence, the taxable income for any such prior taxable years shall be computed— “(A) with the modifications specified in subsection (d) other than paragraphs (1), (4), and (6) thereof; and “(B) by determining the amount of the net operating loss deduction without regard to the net operating loss for the loss year or for any taxable year thereafter, and the taxable income so computed shall not be considered to be less than zero.” 76 Stat. 649 (b) Section 172 of such Code is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i)

72 Stat. 1678.

the following new subsection: “(j) Carryover of Net Operating Loss for Certain Regulated Transportation Corporations.— “(1) Definition.— For purposes of subsection (b)(1)(C), the

Supra.

“Regulated transportation corporation.”

 term ‘regulated transportation corporation’ means a corporation— “(A) 80 percent or more of the gross income of which (computed without regard to dividends and capital gains and losses) for the taxable year is derived from the furnishing or sale of transportation described in subparagraph (A), (C)(i), (E), or (F) of section 1503(c)(1) and taken into

68A Stat. 368.

account for purposes of section 1503(c)(2), “(B) which is described in section 1503(c)(3), or “(C) which is a member of a regulated transportation system. “(2) Regulated transportation system.— For purposes of this subsection, a corporation shall be treated as a member of a regulated transportation system for a taxable year if— “(A) it is a member of an affiliated group of corporations making a consolidated return for such taxable year, and “(B) 80 percent or more of the aggregate gross income of the members of such affiliated group (computed without regard to dividends and capital gains and losses) for such taxable year is derived from sources described in paragraph (1)(A). For purposes of subparagraph (B), income derived by a corporation described in section 1503(c)(3) from leases described in subparagraph (A) thereof shall be considered as derived from sources described in paragraph (1)(A). “(3) Limitation.— For purposes of subsection (b)(1)(C)— “(A) a net operating loss may not be a net operating loss carryover to the 6th taxable year following the loss year unless the taxpayer is a regulated transportation corporation for such 6th taxable year; and “(B) a net operating loss may not be a net operating loss carryover to the 7th taxable year following the loss year unless the taxpayer is a regulated transportation corporation for the 6th taxable year following the loss year and for such 7th taxable year. “(4) Taxable years beginning in 1955 and ending in 1956.— In the case of a net operating loss for a taxable year beginning in 1955 and ending in 1956, the amount of such loss which may be carried— “(A) to the 6th taxable year following the loss year shall be the amount which bears the same ratio to the amount which (but for this paragraph) would be carried to such 6th taxable year as the number of days in the loss year after December 31, 1955, bears to the total number of days in the loss year, and “(B) to the 7th taxable year following the loss year shall be the amount (if any) by which (i) the amount carried to the 6th taxable year (determined imder subparagraph (A)), exceeds (ii) the taxable income (computed as provided in subsection (b)(2)) for such 6th taxable year.”
Sec. 2. The amendments made by the first section of this Act shall apply only with respect to net operating losses for taxable years ending after December 31, 1955.
Approved September 27, 1962.
Public Law 87–711: To amend Public Law 86–184, an Act to provide for the striking of medals in commemoration of the one hundredth anniversary of the admission of West Virginia into the Union as a State. Public Law 711 Public Law 87–711 76 Stat. 650 1962-09-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 650 Public Law 87–711
AN ACT To amend Public Law 86–184, an Act to provide for the striking of medals in commemoration of the one hundredth anniversary of the admission of West Virginia into the Union as a State.

September 27, 1962

[S. 3154]

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

West Virginia.

Centennial medals.

73 Stat. 417.
That Public Law 86–184 is hereby amended by striking out, in section 1, line 7, the words “not more than two hundred thousand silver medals” and inserting in lieu thereof “not more than twenty platinum medals, twenty thousand silver medals, and seven hundred and fifty thousand bronze medals.”
Sec. 2. Public Law 86–184 is further amended by striking out, in section 2(b), line 2, the words “in silver”.
Approved September 27, 1962.
Public Law 87–712: To provide for the establishment of the Padre Island National Seashore. Public Law 712 Public Law 87–712 76 Stat. 650 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–712
AN ACT To provide for the establishment of the Padre Island National Seashore.

September 28, 1962

[S. 4]

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

Padre Island National Seashore, Tex.

Establishment.
That in order to save and preserve, for purposes of public recreation, benefit, and inspiration, a portion of the diminishing seashore of the United States that remains undeveloped, the Secretary of the Interior shall take appropriate action in the public interest toward the establishment of the following described lands and waters as the Padre Island National Seashore: Beginning at a point one statute mile northerly of North Bird Island on the easterly line of the Intracoastal Waterway; thence due east to a point on Padre Island one statute mile west of the mean high water line of the Gulf of Mexico; thence southwesterly paralleling the said mean high water line of the Gulf of Mexico a distance of about three and five-tenths statute miles; thence due east to the two-fathom line on the east side of Padre Island as depicted on United States Coast and Geodetic Survey chart numbered 1286; thence along the said two-fathom line on the east side of Padre Island as depicted on United States Coast and Geodetic Survey charts numbered 1286, 1287, and 1288 to the Willacy-Cameron County line extended; thence westerly along said county line to a point 1,500 feet west of the mean high water line of the Gulf of Mexico as that line was determined by the survey of J. S. Boyles and is depicted on sections 9 and 10 of the map entitled “Survey of Padre Island made for the office of the Attorney General of the State of Texas”, dated August 7 to 11, 1941, and August 11,13, and 14, 1941, respectively; thence northerly along a line parallel to said survey line of J. S. Boyles and distant therefrom 1,500 feet west to a point on the centerline of the Port Mansfield Channel; thence westerly along said centerline to a point three statute miles west of the said two-fathom line; thence northerly parallel with said two-fathom line to 27 degrees 20 minutes north latitude; thence westerly along said latitude to the easterly line of the Intracoastal Waterway; thence northerly following the easterly line of the Intracoastal Waterway as indicated by channel markers in the Laguna Madre to the point of beginning.
Sec. 2. (a)

Acquisition of land, etc.

 The Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to acquire by donation, purchase with 76 Stat. 651donated or appropriated funds, condemnation, transfer from any Federal agency, exchange, or otherwise, the land, water’s, and other property, and improvements thereon and any interest therein, within the areas described in the first section of this Act or which be within the boundaries of the seashore as established under section 3 of this Act (hereinafter referred to as “such area”). Any property, or interest therein, owned by the State of Texas or political subdivision thereof may be acquired only with the concurrence of such owner. Notwithstanding any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of this Act. (b) The Secretary is authorized to pay for any acquisitions which he makes by purchase under this Act their fair market value, as determined by the Secretary, who may in his discretion base his determination on an independent appraisal obtained by him. (c) In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property located within such area and convey to the grantor of such property any federally owned property under the jurisdiction of the Secretary within such area. The properties so exchanged shall be approximately equal in fair market value: Provided, That the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize the values of the properties exchanged.
Sec. 3. (a) As soon as practicable after the date of enactment of

Notice.

this Act and following the acquisition by the Secretary of an acreage in the area described in section 1 of this Act, that is in the opinion of the Secretary efficiently administrable to carry out the purposes of this Act, the Secretary shall establish the area as a national seashore by the publication of notice thereof in the Federal Register.

Publication in F. R.

 (b) Such notice referred to in subsection (a) of this section shall contain a detailed description of the boundaries of the seashore which shall encompass an area as nearly as practicable identical to the area described in section 1 of this Act. The Secretary shall forthwith after the date of publication of such notice in the Federal Register (1) send a copy of such notice, together with a map showing such boundaries,

Circulation.

 by registered or certified mail to the Governor of the State and to the governing body of each of the political subdivisions involved; (2) cause a copy of such notice and map to be published in one or more newspapers which circulate in each of the localities; and (3) cause a certified copy of such notice, a copy of such map, and a copy of this Act to be recorded at the registry of deeds for the county involved.
Sec. 4. (a) When acquiring land, waters, or interests therein, the

Mineral reservation.

 Secretary shall permit a reservation by the grantor of all or any part of the oil and gas minerals in such land or waters and of other minerals therein which can be removed by similar means, with the right of occupation and use of so much of the surface of the land or waters as may be required for all purposes reasonably incident to the mining or removal of such from beneath the surface of these lands and waters and the lands and waters adjacent thereto, under such regulations as may be prescribed by the Secretary with respect to such mining or removal. (b) Any acquisition hereunder shall exclude and shall not diminish any right of occupation or use of the surface under grants, leases, or easements existing on April 11, 1961, which are reasonably necessary for the exploration, development, production, storing, processing, or transporting of oil and gas minerals that are removed from outside the boundaries of the national seashore and the Secretary may grant 76 Stat. 652additional rights of occupation or use of the surface for the purposes aforesaid upon the terms and under such regulations as may be prescribed by him.
Sec. 5.

Administration.

 Except as otherwise provided in this Act, the property acquired by the secretary under this Act shall be administered by the Secretary, subject to the provisions of the Act entitled “An Act to establish a National Park Service and for other purposes”, approved

16 USC 1.

August 25, 1916 (39 Stat. 535), as amended and supplemented, and in accordance with other laws of general application relating to the areas administered and supervised by the Secretary through the National Park Service; except that authority otherwise available to the Secretary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of this Act.
Sec. 6.

Roadways.

 The Secretary may provide for roadways from the north and south boundaries of such public recreation area to the access highways from the mainland to Padre Island.
Sec. 7.

Gunnery or bombing ranges.

 The Secretary of the Interior shall enter into such administrative agreements with the Secretary of the Navy as the Secretary of the Navy may deem necessary to assure that the Secretary of the Interior will not exercise any authority granted by this Act so as to interfere with the use by the Department of the Navy of any aerial gunnery or bombing range located in the vicinity of Padre Island.
Sec. 8.

Appropriation.

 There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act; except that no more than $5,000,000 shall be appropriated for the acquisition of land and waters and improvements thereon, and interests therein, and incidental costs relating thereto, in accordance with the provisions of this Act.
Approved September 28, 1962, 12:40 p.m.
Public Law 87–713: To exclude deposits of petrified wood from appropriation under the United States mining laws. Public Law 713 Public Law 87–713 76 Stat. 652 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–713
AN ACT To exclude deposits of petrified wood from appropriation under the United States mining laws.

September 28, 1962

[H. R. 10540]

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

Petrified wood.

Sale.
That section 3 of the Act of July 23, 1955 (69 Stat. 368; 30 U.S.C. 611), is amended to read: “No deposit of common varieties of sand, stone, gravel, pumice, pumicite, or cinders and no deposit of petrified wood shall be deemed a valuable mineral deposit within the meaning of the mining laws of the United States so as to give effective validity to any mining claim hereafter located under such mining laws: Provided, however, That nothing herein shall affect the validity of any mining location based upon discovery of some other mineral occurring in or in association with such a deposit. ‘Common varieties’ as used in this Act does not include deposits of such materials which are valuable because the deposit has some property giving it distinct and special value and does not include so-called ‘block pumice’ which occurs in nature in

Definition.

pieces having one dimension of two inches or more. ‘Petrified wood’ as used in this Act means agatized, opalized, petrified, or silicified wood, or any material formed by the replacement of wood by silica or other matter.”
Sec. 2. The Secretary of the Interior shall provide by regulation that limited quantities of petrified wood may be removed without charge from those public lands which he shall specify.
Approved September 28, 1962.
Public Law 87–714: To assure continued fish and wildlife benefits from the national fish and wildlife conservation areas by authorizing their appropriate incidental or secondary use for public recreation to the extent that such use is compatible with the primary purposes of such areas, and for other purposes. Public Law 714 Public Law 87–714 76 Stat. 653 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 653 Public Law 87–714
AN ACT To assure continued fish and wildlife benefits from the national fish and wildlife conservation areas by authorizing their appropriate incidental or secondary use for public recreation to the extent that such use is compatible with the primary purposes of such areas, and for other purposes.

September 28, 1962

[H. R. 1171]

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

Interior Dept.

National fish and wildlife areas, public recreational use.

of mounting public demands for recreational opportunities on national wildlife refuges, game ranges, national fish hatcheries, and other conservation areas administered by the Secretary of the Interior for fish and wildlife purposes; and in recognition also of the resulting imperative need, if such recreational opportunities are provided, to assure that any present or future recreational use will be compatible with, and will not prevent accomplishment of, the primary purposes for which the said conservation areas were acquired or established, the Secretary of the Interior is authorized, as an appropriate incidental or secondary use, to administer such areas or parts thereof for public recreation when in his judgment public recreation can be an appropriate incidental or secondary use: Provided, That such public recreation use shall be permitted only to the extent that is practicable and not inconsistent with other previously authorized Federal operations or with the primary objectives for which each particular area is established: Provided further, That in order to insure accomplishment of such primary objectives, the Secretary, after consideration of all authorized uses, purposes, and other pertinent factors relating to individual areas, shall curtail public recreation use generally or certain types of public recreation use within individual areas or in portions thereof whenever he considers such action to be necessary: And provided further, That none of the aforesaid refuges, hatcheries, game ranges, and other conservation areas shall be used during any fiscal year for those forms of recreation that are not directly related to the primary purposes and functions of the individual areas until the Secretary shall have determined— (a) that such recreational use will not interfere with the primary purposes for which the areas were established, and (b) that funds are available for the development, operation, and maintenance of these permitted forms of recreation. This section shall not be construed to repeal or amend previous enactments relating to particular areas.
Sec. 2. In order to avoid adverse effects upon fish and wildlife

Land acquisition.

populations and management operations of the said areas that might otherwise result from public recreation or visitation to such areas, the Secretary is authorized to acquire limited areas of land for recreational development adjacent to the said conservation areas in existence or approved by the Migratory Bird Conservation Commission as of the date of enactment of this Act: Provided, That the acquisition of any land or interest therein pursuant to this section shall be accomplished only with such funds as may be appropriated therefor by the Congress or donated for such purposes, but such property shall not be acquired with funds obtained from the sale of Federal migratory bird hunting stamps. Lands acquired pursuant to this section shall become a part of the particular conservation area to which they are adjacent.
Sec. 3. In furtherance of the purposes of this Act, the Secretary is

Acceptance of funds, etc.

authorized to cooperate with public and private agencies, organizations, and individuals, and he may accept and use, without further 76 Stat. 654authorization, donations of funds and real and personal property. Such acceptance may be accomplished under the terms and conditions of restrictive covenants imposed by donors when such covenants are deemed by the Secretary to be compatible with the purposes of the wildlife refuges, games ranges, fish hatcheries, and other fish and wildlife conservation areas.
Sec. 4. The Secretary may establish reasonable charges and fees and issue permits for public use of national wildlife refuges, game ranges, national fish hatcheries, and other conservation areas administered by the Department of the Interior for fish and wildlife purposes.

Regulations.

Penalties.

62 Stat. 684.

The Secretary may issue regulations to carry out the purposes of this Act. A violation of such regulations shall be a petty offense (18 U.S.C. 1) with maximum penalties of imprisonment for not more than six months, or a fine of not more than $500, or both.
Sec. 5.

Appropriation.

 There is authorized to be appropriated such funds as may be necessary to carry out the purposes of this Act, including the construction and maintenance of public recreational facilities.
Approved September 28, 1962.
Public Law 87–715: To provide for the production and distribution of educational and training films for use by deaf persons, and for other purposes. Public Law 715 Public Law 87–715 76 Stat. 654 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–715
AN ACT To provide for the production and distribution of educational and training films for use by deaf persons, and for other purposes.

September 28, 1962

[S. 2511]

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

Deaf persons.

Educational films, production and distribution.

42 USC 2491.
That (a) the first section of the Act entitled “An Act to provide in the Department of Health, Education, and Welfare for a loan service of captioned films for the deaf”, approved September 2, 1958 (72 Stat. 1742), is amended to read as follows:
“That the objectives of this Act are— “(a) to promote the general welfare of deaf persons by (1) bringing to such persons understanding and appreciation of those films which play such an important part m the general and cultural advancement of hearing persons, (2) providing, through these films, enriched educational and cultural experiences through which deaf persons can be brought into better touch with the realities of their environment, and (3) providing a wholesome and rewarding experience which deaf persons may share together; and “(b) to promote the educational advancement of deaf persons by (1) carrying on research in the use of educational and training films for the deaf, (2) producing and distributing educational and training films for the deaf, and (3) training persons in the use of films for the deaf.”
(b)

42 USC 2493.

 Paragraphs (4), (5), and (6) of section 3(b) of such Act are redesignated as paragraphs (5), (6), and (7), respectively, and there is inserted after paragraph (3) the following: “(4) provide for the conduct of research in the use of educational and training films for the deaf, for the production and distribution of training films for the deaf, and for the training of persons in the use of films for the deaf.” (c)

42 USC 2494.

 Section 4 of such Act is amended by striking out “$250,000” and inserting in lieu thereof “$1,500,000”.
Approved September 28, 1962.
Public Law 87–716: To provide that the Uniform Limited Partnership Act shall apply in the District of Columbia. Public Law 716 Public Law 87–716 76 Stat. 655 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 655 Public Law 87–716
AN ACT To provide that the Uniform Limited Partnership Act shall apply in the District of Columbia.

September 28, 1962

[H. R. 11019]

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

D. C.

Uniform Limited Partnership Act.
That this Act to provide for the formation of limited partnerships in the District of Columbia and to make uniform the law with respect thereto, shall be in effect in the District of Columbia on and after the date of the enactment of this Act.
limited partnership defined Section 1. A limited partnership is a partnership formed by two or more persons under the provisions of section 2, having as members one or more general partners and one or more limited partners. The limited partners as such shall not be bound by the obligations of the partnership.
formation Sec. 2. (1) Two or more persons desiring to form a limited partnership shall— (a) sign and swear to a certificate, which shall state— I. the name of the partnership, II. the character of the business, III. the location of the principal place of business, IV. the name and place of residence of each member; general and limited partners being respectively designated, V. the term for which the partnership is to exist, VI. the amount of cash and a description of and the agreed value of the other property contributed by each limited partner, VII. the additional contributions, if any, agreed to be made by each limited partner and the times at which or events on the happening of which they shall be made, VIII. the time, if agreed upon, when the contribution of each limited partner is to be returned, IX. the share of the profits or the other compensation by way of income which each limited partner shall receive by reason of his contribution, X. the right, if given, of a limited partner to substitute an assignee as contributor in his place, and the terms and conditions of the substitution, XI. the right, if given, of the partners to admit additional limited partners, XII. the right, if given, of one or more of the limited partners to priority over other limited partners, as to contributions or as to compensation by way of income, and the nature of such priority, XIII. the right, if given, of the remaining general partner or partners to continue the business on the death, retirement, or insanity of a general partner, and XIV. the right, if given, of a limited partner to demand and receive property other than cash in return for his contribution; (b) file for record the certificate in the Office of the Recorder of Deeds of the District of Columbia. (2) A limited partnership is formed if there has been substantial compliance in good faith with the requirements of paragraph (1).
76 Stat. 656
business which may be carried on Sec. 3. A limited partnership may carry on any business which a partnership without limited partners may carry on.
character of limited parner’s contribution Sec. 4. The contributions of a limited partner may be cash or other property, but not services.
a name not to contain surname of limited partner; exceptions Sec. 5. (1) The surname of a limited partner shall not appear in the partnership name, unless— (a) it is also the surname of a general partner, or (b) prior to the time when the limited partner became such the business had been carried on under a name in which his surname appeared. (2) A limited partner whose name appears in a partnership name contrary to the provisions of paragraph (1) is liable as a general partner to partnership creditors who extend credit to the partnership without actual knowledge that he is not a general partner.
liability for false statements in certificate Sec. 6. If the certificate contains a false statement, one who suffers loss by reliance on such statement may hold liable any party to the certificate who knew the statement to be false— (a) at the time he signed the certificate, or (b) subsequently, but within a sufficient time before the statement was relied upon to enable him to cancel or amend the certificate, or to file a petition for its cancellation or amendment as provided in section 25(3).
limited partner not liable to creditors Sec. 7. A limited partner shall not become liable as a general partner unless, in addition to the exercise of his rights and powers as a limited partner, he takes part in the control of the business.
admission of additional limited partners Sec. 8. After the formation of a limited partnership, additional limited partners may be admitted upon filing an amendment to the original certificate in accordance with the requirements of section 25.
rights, powers, and liabilities of a general partner Sec. 9. (1) A general partner shall have all the rights and powers and be subject to all the restrictions and liabilities of a partner in a partnership without limited partners, except that without the written consent or ratification of the specific act by all the limited partners, a general partner or all of the general partners have no authority to— (a) do any act in contravention of the certificate, (b) do any act which would make it impossible to carry on the ordinary business of the partnership, (c) confess a judgment against the partnership, (d) possess partnership property, or assign their rights in specific partnership property, for other than a partnership purpose, (e) admit a person as a general partner, 76 Stat. 657 (f) admit a person as a limited partner, unless the right so to do is given in the certificate, (g) continue the business with partnership property on the death, retirement, or insanity of a general partner, unless the right so to do is given in the certificate.
rights of a limited partner Sec. 10. (1) A limited partner shall have the same rights as a general partner to— (a) have the partnership books kept at a principal place of business of the partnership, and at all times to inspect and copy any of them, (b) have on demand true and full information of all things affecting the partnership, and a formal account of partnership affairs whenever circumstances render it just and reasonable, and (c) have dissolution and winding up by decree of court. (2) A limited partner shall have the right to receive a share of the profits or other compensation by way of income, and to the return of his contribution as provided in sections 15 and 16.
status of person erroneously believing himself a limited partner Sec. 11. A person who has contributed to the capital of a business conducted by a person or partnership erroneously believing that he has become a limited partner in a limited partnership is not, by reason of this exercise of the rights of a limited partner, a general partner with the person or in the partnership carrying on the business, or bound by the obligations of such person or partnership: Provided, That on ascertaining the mistake he promptly renounces his interest in the profits of the business, or other compensation by way of income.
one person both general and limited partner Sec. 12. (1) A person may be a general partner and a limited partner in the same partnership at the same time. (2) A person who is a general, and also at the same time n limited, partner shall have all the rights and powers and be subject to all the restrictions of a general partner, except that, in respect to his contribution, he shall have the rights against the other members which he would have had if he were not also a general partner.
loans and other business transactions with limited partner Sec. 13. (1) A limited partner also may loan money to and transact other business with the partnership, and, unless he is also a general partner, receive on account of resulting claims against, the partnership, with general creditors, a pro rata share of the assets. No limited partner shall in respect to any such claim— (a) receive or hold as collateral security any partnership property, or (b) receive from a general partner or the partnership any payment, conveyance, or release from liability, if at the time the assets of the partnership are not sufficient to discharge partnership liabilities to persons not claiming as general or limited partners. (2) The receiving of collateral security, or a payment, conveyance, or release in violation of the provisions of paragraph (1) is a fraud on the creditors of the partnership.
76 Stat. 658
relation of limited partners inter se Sec. 14. Where there are several limited partners the members may agree that one or more of the limited partners shall have a priority over other limited partners as to the return of their contributions, as to their compensation by way of income, or as to any other matter. If such an agreement is made it shall be stated in the certificate, and in the absence of such a statement all the limited partners shall stand upon equal footing.
compensation of limited partner Sec. 15. A limited partner may receive from the partnership the share of the profits or the compensation by way of income stipulated for in the certificate: Provided, That after such payment is made, whether from the property of the partnership or that, of a general partner, the partnership assets are in excess of all liabilities of the partnership except liabilities to limited partners on account of their contributions and to general partners.
withdrawal or reduction of limited partner’s contribution Sec. 16. (1) A limited partner shall not receive from a general partner or out of partnership property any part of his contribution until— (a) all liabilities of the partnership, except liabilities to general partners and to limited partners on account of their contributions, nave been paid or there remains property of the partnership sufficient to pay them, (b) the consent of all members is had, unless the return of the contribution may be rightfully demanded under the provisions of paragraph (2), and (c) the certificate is canceled or so amended as to set forth the withdrawal or reduction. (2) Subject to the provisions of paragraph (1) a limited partner may rightfully demand the return of his contribution— (a) on the dissolution of a partnership, or (b) when the date specified in the certificate for its return has arrived, or (c) after he has given six months’ notice in writing to all other members, if no time is specified in the certificate either for the return of the contribution or for the dissolution of the partnership. (3) In the absence of any statement in the certificate to the contrary or the consent of all members, a limited partner, irrespective of the nature of his contribution, has only the right to demand and receive cash in return for his contribution. (4) A limited partner may have the partnership dissolved and its affairs wound up when— (a) he rightfully but unsuccessfully demands the return of his contribution, or (b) the other liabilities of the partnership have not been paid, or the partnership property is insufficient for their payment as required by paragraph (la) and the limited partner would otherwise be entitled to the return of his contribution.
liability of limited partner to partnership Sec. 17. (1) A limited partner is liable to the partnership— (a) for the difference between his contribution as actually made and that stated in the certificate as having been made, and (b) for any unpaid contribution which he agreed in the certificate to make in the future at the time and on the conditions stated in the certificate. 76 Stat. 659 (2) A limited partner holds as trustee for the partnership— (a) specific property stated in the certificate as contributed by him, but which was not contributed or which has been wrongfully returned, and (b) money or other property wrongfully paid or conveyed to him on account of his contribution. (3) The liabilities of a limited partner as set forth in this section can be waived or compromised only by the consent of all members; but a waiver or compromise shall not affect the right of a creditor of a partnership, who extended credit or whose claim arose after the filing and before a cancellation or amendment of the certificate, to enforce such liabilities. (4) When a contributor has rightfully received the return in whole or in part of the capital of his contribution, he is nevertheless liable to the partnership for any sum, not in excess of such return with interest, necessary to discharge its liabilities to all creditors who extended credit or whose claims arose before such return.
nature of limited partner’s interest in partnership Sec. 18. A limited partner s interest in the partnership is personal property.
assignment of limited partner’s interest Sec. 19. (1) A limited partner’s interest is assignable. (2) A substituted limited partner is a person admitted to all the rights of a limited partner who has died or has assigned his interest in a partnership. (3) An assignee, who does not become a substituted limited partner, has no right to require any information or account of the partnership transactions or to inspect the partnership books; he is only entitled to receive the share of the profits or other compensation by way of income, or the return of his contribution, to which his assignor would otherwise be entitled. (4) An assignee shall have the right to become a substituted limited partner if all the members (except the assignor) consent thereto or if the assignor, being thereunto empowered by the certificate, gives the assignee that right. (5) An assignee becomes a substituted limited partner when the certificate is appropriately amended in accordance with section 25. (6) The substituted limited partner has all the rights and powers, and is subject to all the restrictions and liabilities of his assignor, except those liabilities of which he was ignorant at the time he became a limited partner and which could not be ascertained from the certificate. (7) The substitution of the assignee as a limited partner does not release the assignor from liability to the partnership under sections 6 and 17.
effect of retirement, death, or insanity of a general partner Sec. 20. The retirement, death, or insanity of a general partner dissolves the partnership, unless the business is continued by the remaining general partners— (a) under a right so to do stated in the certificate, or (b) with the consent of all members.
76 Stat. 660
death of limited partner Sec. 21. (1) On the death of a limited partner his executor or administrator shall have all the rights of a limited partner for the purpose of settling his estate, and such power as the aeceased had to constitute his assignee a substituted limited partner. (2) The estate of a deceased limited partner shall be liable for all his liabilities as a limited partner.
rights of creditors of limited partner Sec. 22. (1) On due application to a court of competent jurisdiction by any judgment creditor of a limited partner, the court may charge the interest of the indebted limited partner with payment of the unsatisfied amount of the judgment debt; and may appoint a receiver, and make all other orders, directions, and inquiries which the circumstances of the case may require. (2) The interest may be redeemed with the separate property of any general partner, but may not be redeemed with partnership property. (3) The remedies conferred by paragraph (1) shall not be deemed exclusive of others which may exist. (4) Nothing in this Act shall be held to deprive a limited partner of his statutory exemption.
distribution of assets Sec. 23. (1) In settling accounts after dissolution the liabilities of the partnership shall be entitled to payment in the following order: (a) Those to creditors, in the order of priority as provided by law, except those to limited partners on account of their contributions. and to general partners. (b) Those to limited partners in respect to their share of the profits and other compensation by way of income on their contributions. (c) Those to limited partners in respect to the capital of their contributions. (d) Those to general partners other than for capital and profits. (e) Those to general partners in respect to profits. (f) Those to general partners in respect to capital. (2) Subject to any statement in the certificate or to subsequent agreement, limited partners share in the partnership assets in respect to their claims for capital, and in respect to their claims for profits or for compensation by way of income on their contributions respectively, in proportion to the respective amounts of such claims.
when certificate shall be canceled of amended Sec. 24. (1) The certificate shall be canceled when the partnership is dissolved or all limited partners cease to be such. (2) A certificate shall be amended when— (a) there is a change in the name of the partnership or in the amount or character of the contribution of any limited partner, (b) a person is substituted as a limited partner, (c) an additional limited partner is admitted, (d) a person is admitted as a general partner, (e) a general partner retires, dies, or becomes insane, and the business is continued under section 20, (f) there is a change in the character of the business of the partnership, 76 Stat. 661 (g) there is a false or erroneous statement in the certificate, (h) there is a change in the time as stated in the certificate for the dissolution of the partnership or for the return of a contribution, (i) a time is fixed for the dissolution of the partnership, or the return of a contribution, no time having been specified in the certificate, or (j) the members desire to make a change in any other statement in the certificate in order that it shall accurately represent the agreement between them.
requirements for amendment and for cancellation of certificate Sec. 25. (1) The writing to amend a certificate shall— (a) conform to the requirements of section 2(1)(a) as far as necessary to set forth clearly the change in the certificate which it is desired to make, and (b) be signed and sworn to by all members, and an amendment substituting a limited partner or adding a limited or general partner shall be signed also by the member to be substituted or added, and when a limited partner is to be substituted, the amendment shall also be signed by the assigning limited partner. (2) The writing to cancel a certificate shall be signed by all members. (3) A person desiring the cancellation or amendment of a certificate, if any person designated in paragraphs (1) and (2) as a person who must execute the writing refuses to do so, may petition the United States District Court for the District of Columbia to direct a cancellation or amendment thereof. (4) If the court finds that the petitioner has a right to have the writing executed by a person who refuses to do so, it shall order the Recorder of Deeds of the District of Columbia where the certificate is recorded to record the cancellation or amendment of the certificate; and where the certificate is to be amended, the court shall also cause to be filed for record in said office a certified copy of its decree setting forth the amendment. (5) A certificate is amended or canceled when there is filed for record in the office of the Recorder of Deeds of the District of Columbia where the certificate is recorded— (a) a writing in accordance with the provisions of paragraph (1) or (2),or (b) a certified copy of the order of court in accordance with the provisions of paragraph (4). (6) After the certificate is duly amended in accordance with this section, the amended certificate shall thereafter be for all purposes the certificate provided for by this Act
parties to actions Sec. 26. A contributor, unless he is a general partner, is not a proper party to proceedings by or against a partnership, except where the object is to enforce a limited partner’s right against or liability to the partnership.
name of act Sec. 27. This Act may be cited as the “Uniform Limited Partnership Act”.
76 Stat. 662
rules of construction Sec. 28. (1) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this Act. (2) This Act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those States which enact it. (3) This Act shall not be so construed as to impair the obligations of any contract existing when the Act goes into effect, nor to affect any action on proceedings begun or right accrued before this Act takes effect.
rules for cases not provided for in this act Sec. 29. In any case not provided for in this Act the rules of law and equity, including the law merchant, shall govern.
provisions for existing limited partnerships Sec. 30.

31 Stat. 1189.

 (1) A limited partnership formed under the Act approved March 3, 1901, as amended, prior to the adoption of this Act, may become a limited partnership under this Act Dy complying with the provisions of section 2: Provided, That the certificate sets forth— (a) the amount of the original contribution of each limited partner, and the time when the contribution was made, and (b) that the property of the partnership exceeds the amount sufficient to discharge its liabilities to persons not claiming as general or limited partners by an amount greater than the sum of the contributions of its limited partners. (2) A limited partnership formed under the Act approved March 3, 1901, as amended, prior to the adoption of this Act, until or unless it becomes a limited partnership under this Act, shall continue to be governed by the provisions of Thirty-first Statutes at Large, page

D. C. Code 41–101 to 41–1091, 41–111; 41–113 to 41–131.

1415, chapter 854, sections 1498–1506, 1508, 1510–1528, as amended, except that such partnership shall not be renewed unless so provided in the original agreement.
repeal Sec. 31. Except as affecting existing limited partnerships to the extent set forth in section 30, Thirty-first Statutes at Large, page 1415, chapter 854, sections 1498–1506, 1508, 1510–1528, as amended, is hereby repealed.
Approved September 28, 1962.
Public Law 87–717: To amend certain lending limitations on real estate and construction loans applicable to national banks. Public Law 717 Public Law 87–717 76 Stat. 662 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–717
AN ACT To amend certain lending limitations on real estate and construction loans applicable to national banks.

September 28, 1962

[H. R. 7796]

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

National banks.

Real estate and construction loans, lending limitations.

69 Stat. 634.
That the fourth sentence of the first paragraph of section 24 of the Federal Reserve Act (12 U.S.C. 371) is amenaed to read as follows: “No such association shall make such loans in an aggregate sum in excess of the amount of the capital stock of such association paid in and unimpaired plus the amount of its unimpaired surplus fund, or in excess of 70 per centum of the amount of its time and savings deposits, whichever is the greater.”
76 Stat. 663
Sec. 2. The first sentence of the third paragraph of section 24 of the Federal Reserve Act (12 U.S.C. 371) is amended to read as follows:

73 Stat. 489.

“Loans made to finance the construction of industrial or commercial buildings and having maturities of not to exceed eighteen months where there is a valid and binding agreement entered into by a financially responsible lender to advance the full amount of the bank’s loan upon completion of the buildings and loans made to finance the construction of residential or farm buildings and having maturities of not to exceed eighteen months, shall not be considered as loans secured by real estate within the meaning of this section but shall be classed as ordinary commercial loans whether or not secured by a mortgage or similar lien on the real estate upon which the building or buildings are being constructed: Provided, That no national banking association shall invest in, or be liable on, any such loans in an aggregate amount in excess of 100 per centum of its actually paid-in and unimpaired capital plus 100 per centum of its unimpaired surplus fund.”
Approved September 28, 1962.
Public Law 87–718: To provide further for cooperation with States in administration and enforcement of certain Federal laws. Public Law 718 Public Law 87–718 76 Stat. 663 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–718
AN ACT To provide further for cooperation with States in administration and enforcement of certain Federal laws.

September 28, 1962

[S. 3475]

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

That, in order to

Agriculture Dept.

Federal law enforcement, cooperation with State agencies.

avoid duplication of functions, facilities, and personnel, and to attain closer coordination and greater effectiveness and economy in administration of Federal and State laws and regulations relating to the marketing of agricultural products and to the control or eradication of Slant and animal diseases and pests, the Secretary of Agriculture is hereby authorized, in the administration and enforcement of such Federal laws within his area of responsibility, whenever he deems it feasible and in the public interest, to enter into cooperative arrangements with State departments of agriculture and other State agencies charged with the administration and enforcement of such State laws and regulations and to provide that any such State agency which has adequate facilities, personnel, and procedures, as determined by the Secretary, may assist the Secretary in the administration and enforcement of such Federal laws and regulations to the extent and in the manner he deems appropriate in the public interest.

Further, the Secretary is authorized to coordinate the administration of such Federal laws and regulations with such State laws and regulations wherever feasible. However, nothing herein shall affect the jurisdiction of the Secretary of Agriculture under any Federal law, or any authority to cooperate with State agencies or other agencies or persons under existing provisions of law, or affect any restrictions of law upon such cooperation.
Approved September 28, 1962.
Public Law 87–719: To amend the Atomic Energy Community Act of 1955, as amended, to provide for the disposal of federally owned properties at Los Alamos, New Mexico, and for other purposes. Public Law 719 Public Law 87–719 76 Stat. 664 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 664 Public Law 87–719
AN ACT To amend the Atomic Energy Community Act of 1955, as amended, to provide for the disposal of federally owned properties at Los Alamos, New Mexico, and for other purposes.

September 28, 1962

[S. 3580]

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

Atomic Energy Community Act of 1955, amendment.

Definitions.

69 Stat. 473.

42 USC 2304.

That the Atomic Energy Community Act of 1955, as amended, is hereby further amended in the following respects:

Section 21 b. is hereby amended by striking the period after the words “General Manager” in subsection (2), by inserting after the quotation mark: “; or (3) Los Alamos, New Mexico, designated on a map on file at the principal office of the Commission, entitled ‘Minimum Geographic Area, Los Alamos, New Mexico,’ bearing the legend ‘Boundary Line, Minimum Geographic Area, Los Alamos, New Mexico’ and marked ‘Approved, April 5, 1962, A. R. Luedecke, General Manager.’ ”
Sec. 2. Section 21 i. is hereby amended by striking therefrom the period appearing after the words “Hanford, Washington” by inserting a comma in lieu thereof and by adding thereafter: “or that area which, on the date Los Alamos is included within this Act, constitutes the County of Los Alamos, New Mexico, excluding therefrom, however, that land which is, on said date, under the administrative control of the National Park Service of the Department of the Interior.”
Sec. 3. Section 21 I. is hereby amended by inserting “any natural gas distribution system,” after the comma following “electrical distribution system”.
Sec. 4. A new subsection is hereby added to section 21, as follows: “m.

“Single” and “single family.”

 The terms ‘single’ and ‘single family’ when used in connection with ‘house’ or ‘residential property’ shall include each separate unit of a residential structnre which the Commission has classified as a residential structure containing two or more separate single family

Intra.

units pursuant to section 41 c. of this Act.”
Sec. 5.

Appraisals costs, reimbursement.

42 USC 2322.

 Section 32 is hereby amended by striking therefrom the third sentence and substituting in lieu thereof the following: “The Federal Housing Commissioner shall be reimbursed from the Community Disposal Operations Fund for the cost of such appraisals.”
Sec. 6. Section 36 b. is hereby amended to read as follows: “b.

Purchase price credits.

42 USC 2326.

 An occupant of a single family or duplex house shall, upon application therefor, be entitled to a credit, against the purchase price of any residential property purchased through the exercise of u priority right established under the provisions of section 42, for the amount by which the current fair market value of the Government’s interest in the single family or duplex house of which he was an occupant is enhanced as a result of improvements to the premises of such single family or duplex house made by, or at the expense of, such occupant.”
Sec. 7.

Property classification.

42 USC 2331.

 Section 41 a. is hereby amended by inserting between the word “Act” and the comma: “, or, in the case of Los Alamos, upon its inclusion within this Act”.
Sec. 8. A new subsection is hereby added to section 41, as follows: “c. Prior to the date any residential property is first offered for sale at Los Alamos, the Commission shall further classify each residential structure within the community of Los Alamos either as a single family house, a duplex house, an apartment house, a dormitory, or as a residential structure containing two or more separate single family units and shall post, at the offices of the Commission at Los 76 Stat. 665Alamos, a list, available for public inspection at reasonable times, showing the classification of each such residential structure. For the purposes of this Act, each such residential structure will thereafter be deemed to be a single family house, a duplex house, an apartment house, a dormitory, or a residential structure containing two or more separate single family units in accordance with its classification. In determining the classification of each such residential structure containing two or more single family units, the Commission shall consider (1) the practicability of selling separately the single family units, and (2) the insurability of mortgages under section 223(a) of the National Housing Act, as amended.”

68 Stat. 605.

12 USC 1715n.

Property disposal.

69 Stat. 476.

42 USC 2342.
Sec. 9. Section 52 a. is hereby amended by striking the period after the words “chapter 8” in subsection (2) and by inserting thereafter: “; or (3) property which in the opinion or the Commission should be retained by the Commission for its own use.”
Sec. 10. The first sentence in section 53 b. is hereby amended by striking everything after the word “bids” and inserting a period at the end thereof.
Sec. 11. Section 53 c. is hereby amended by striking everything after

75 Stat. 409.

42 USC 2343.

the word “appropriate” and inserting a period at the end thereof.
Sec. 12. Section 55 d. is hereby amended by inserting between the

42 USC 2345.

 word “community” and the semicolon “or after June 30, 1966, in the case of Los Alamos”.
Sec. 13. Section 57 b. is hereby amended by adding the following

42 USC 2347.

sentence: “The zoning restrictions to be taken into account at Los Alamos shall be those which the local government is likely to enact with respect to those lots.”
Sec. 14. A new section is hereby added, as follows:

Cooperatives.
“Sec. 58. Cooperatives.— The Commission may grant to cooperatives, the entire initial membership of which is restricted to project-connected persons, such priorities for the purchase of apartment buildings as the Commission determines fair and reasonable. The priority with respect to each cooperative shall terminate if within Such time as the Commission may prescribe the cooperative has not obtained one hundred per centum initial membership consisting of project-connected persons. The 15 per centum deduction specified by subsection 35 a., the deduction provided by 36 d., the financing provisions

42 USC 2325, 2326, 2362–2366.

of section 62, and the indemnity provided by sections 63, 64, 65, and 66 shall be applicable to priority sales of apartment buildings to such cooperatives. The term ‘cooperative’ as used herein means a corporation or a trust of the character described in section 213(a)(1) of the National Housing Act, as amended.”

64 Stat. 54.

12 USC 1715e.

70 Stat. 653.

42 USC 2362.
Sec. 15. Section 62 a. is hereby amended by deleting “house, apartment building, or dormitory” and by inserting in lieu thereof “such property”.
Sec. 16. Section 62 d. is hereby amended to read as follows:

Contracts.

 “d. The Commission may sell any notes and mortgages acquired under subsections a. and c. of this section on terms set by the Commission. Notwithstanding any other provisions of law and without regard to the provisions of section 3709 of the Revised Statutes, the Commission may, in accordance with such tenus and conditions as it may prescribe, (1) enter into contracts for servicing any of the notes and mortgages it has acquired, and (2) sell or enter into contracts to sell to a servicer any notes and mortgages with respect to which a servicing contract has been entered into by the servicer with the Commission: Provided, That with respect to sales of notes and mortgages under (2) the Commission shall comply with section 3709 of the Revised Statutes unless it determines that such compliance would not be feasible.”

41 USC 5.
76 Stat. 666
Sec. 17.

Indemnification provisions.

69 Stat. 479.

42 USC 2363.

 Section 63 is hereby amended by inserting the following between the word “Act” and the comma: “, or, in the case of Los Alamos, not more than fifteen years after the date it is included within this Act”.
Sec. 18.

42 USC 2364.

 Section 64, clause (a) is hereby amended by inserting between the word “Richland” and the semicolon: “or four thousand six hundred and twenty in the case of Los Alamos”.
Sec. 19. Section 64, clause (b) is hereby amended by inserting between the word “Richland” and the period: “or eleven thousand seven hundred and sixty-nine in the case of Los Alamos”.
Sec. 20.

Utilities.

42 USC 2372.

 Section 72 is hereby amended by inserting between the word “Act” and the period: “in the case of Oak Ridge and Richland, or, in the case of Los Alamos, not later than five years after the date it is included within this Act”.
Sec. 21.

42 USC 2375.

 Section 75 is hereby amended by striking the period after the word “transferee”, by inserting a colon in lieu thereof and by adding thereafter: “Provided, That at Los Alamos, utilities may be given to the county or other local governmental entity.”
Sec. 22.

Municipalities.

Organization assistance.

42 USC 2381.

 Section 81 is hereby amended by inserting the following between the words “Act” and “to cooperate”: “in the case of Oak Ridge and Richland, or, in the case of Los Alamos, not to extend beyond five years after the date it is included within this Act,”.
Sec. 23.

42 USC 2383.

 Section 83 is hereby amended by inserting between the word “Act” and the period: “in the case of Oak Ridge and Richland, or, in the case of Los Alamos, not later than five years after the date it is included within this Act”.
Sec. 24.

Appropriation provisions.

42 USC 2312.

 Section 118 b. is hereby amended by striking the word “and” between the words “Oak Ridge” and “the sum of, by inserting a comma in lieu thereof, by inserting between the words “at Richland” and “for”: “and the sum of $8,719,000 at Los Alamos”, by inserting between the words “installations” and “authorized”: “and utilities”, and by inserting between the words “pursuant to” and “chapter”: “chapter 7 and”.
Approved September 28, 1962.
Public Law 87–720: To aathorlze the sale, without regard to the six-month waiting period prescribed, of chestnut extract proposed to be disposed of pursuant to the Strategic and Critical Materials Stock Piling Act. Public Law 720 Public Law 87–720 76 Stat. 666 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–720
AN ACT To aathorlze the sale, without regard to the six-month waiting period prescribed, of chestnut extract proposed to be disposed of pursuant to the Strategic and Critical Materials Stock Piling Act.

September 28, 1962

[H. R. 12416]

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

Chestnut extract.

Disposition.
That the Administrator of General Services is hereby authorized to dispose of, by negotiation or otherwise, approximately four thousand tons of chestnut extract now held in the national stockpile. Such disposition may be made without regard to the provisions of section 3 of the

60 Stat. 597.

50 USC 98b.

Strategic and Critical Materials Stock Piling Act, relating to dispositions on the basis of a revised determination pursuant to section 2 of said Act, to the effect that no such disposition shall be made until

Publication in F. R.

Notification.

six months after publication in the Federal Register and transmission to the Congress and to the Armed Services Committees thereof of a notice of the proposed disposition.
Approved September 28, 1962.
Public Law 87–721: To amend section 5155 of the Revised Statutes relating to bank branches which may be retained upon conversion or consolidation or merger. Public Law 721 Public Law 87–721 76 Stat. 667 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 667 Public Law 87–721
AN ACT To amend section 5155 of the Revised Statutes relating to bank branches which may be retained upon conversion or consolidation or merger.

September 28, 1962

[H. R. 12899]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (b)

Bank branches.

Retention aftermerger.

of section 5155 of the Revised Statutes, as amended (12 U.S.C. 36), is amended to read as follows: “(b) (1) A national bank resulting from the conversion of a State bank may retain and operate as a branch any office which was a branch of the State bank immediately prior to conversion if such office— “(A) might be established under subsection (c) of this section as a new branch of the resulting national bank, and is approved by the Comptroller of the Currency for continued operation as a branch of the resulting national bank; “(B) was a branch of any bank on February 25, 1927; or “(C) is approved by the Comptroller of the Currency for continued operation as a branch of the resulting national bank. The Comptroller of the Currency may not grant approval under clause (C) of this paragraph if a State bank (in a situation identical to that of the national bank) resulting from the conversion of a national bank would be prohibited by the law of such State from retaining and operating as a branch an identically situated office which was a branch of the national bank immediately prior to conversion. “(2) A national bank (referred to in this paragraph as the ‘resulting bank’), resulting from the consolidation of a national bank (referred to in this paragraph as the ‘national bank’) under whose charter the consolidation is effected with another bank or banks, may retain and operate as a branch any office which, immediately prior to such consolidation, was in operation as— “(A) a main office or branch office of any bank (other than the national bank) participating in the consolidation if, under subsection (c) of this section, it might be established as a new branch of the restilting bank, and if the Comptroller of the Currency approves of its continued operation after the consolidation; “(B) a branch of any bank participating in the consolidation, and which, on February 25, 1927, was in operation as a branch of any bank; or “(C) a branch of the national bank and which, on February 25, 1927, was not in operation as a branch of any bank, if the Comptroller of the Currency approves of its continued operation after the consolidation. The (Comptroller of the Currency may not grant approval under clause (C) of this paragraph if a State bank (in a situation identical to that of the resulting national bank) resulting from the consolidation into a State bank or another bank or banks would be prohibited by the law of such State from retaining and operating as a Branch an identically situated office which was a branch of the State bank immediately prior to consolidation. “(3) As used in this subsection, the term ‘consolidation’ includes a

“Consolidation.”

merger.”
Approved September 28, 1962.
Public Law 87–722: To place authority over the trust powers of national banks in the Comptroller of the Currency. Public Law 722 Public Law 87–722 76 Stat. 668 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 668 Public Law 87–722
AN ACT To place authority over the trust powers of national banks in the Comptroller of the Currency.

September 28, 1962

[H. R. 12577]

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

National banks.

Trust powers.
That (a) the Comptroller of the Currency shall be authorized and empowered to grant by special permit to national banks applying therefor, when not in contravention of State or local law, the right to act as trustee, executor, administrator, registrar of stocks and bonds, guardian of estates, assignee, receiver, committee of estates of lunatics, or in any other fiduciary capacity in which State banks, trust companies, or other corporations which come into competition with national banks are permitted to act under the laws of the State in which the national bank is located. (b) Whenever the laws of such State authorize or permit the exercise of any or all of the foregoing powers by State banks, trust companies, or other corporations which compete with national banks, the granting to and the exercise of such powers by national banks shall not be deemed to be in contravention of State or local law within the meaning of this Act. (c) National banks exercising any or all of the powers enumerating in this section shall segregate all assets held in any fiduciary capacity from the general assets of the bank and shall keep a separate set of books and records showing in proper detail all transactions engaged in under authority of this section. The State banking authorities may have access to reports of examination made by the Comptroller of the Currency insofar as such reports relate to the trust department of such bank, but nothing in this Act shall be construed as authorizing the State banking authorities to examine the books, records, and assets of such bank. (d) No national bank shall receive in its trust department deposits of current funds subject to check or the deposit of checks, drafts, bills of exchange, or other items for collection or exchange purposes. Funds deposited or held in trust by the bank awaiting investment shall be carried in a separate account and shall not be used by the bank in the conduct of its business unless it shall first set aside in the trust department United States bonds or other securities approved by the Comptroller of the Currency. (e) In the event of the failure of such bank the owners of the funds held in trust for investment shall have a lien on the bonds or other securities so set apart in addition to their claim against the estate of the bank. (f) Whenever the laws of a State require corporations acting in a fiduciary capacity to deposit securities with the State authorities for the protection of private or court trusts, national banks so acting shall be required to make similar deposits and securities so deposited shall be held for the protection of private or court trusts, as provided by the State law. National banks in such cases shall not be required to execute the bond usually required of individuals if State corporations under similar circumstances are exempt from this requirement. National banks shall have power to execute such bond when so required by the laws of the State. (g) In any case in which the laws of a State require that a corporation acting as trustee, executor, administrator, or in any capacity specified in this section, shall take an oath or make an affidavit, the president, vice president, cashier, or this officer of such national bank may take the necessary oath or execute the necessary affidavit. 76 Stat. 669 (h) It shall be unlawful for any national banking association to lend any officer, director, or employee any funds held in trust under the powers conferred by this section. Any officer, director, or employee

Penalty.

 making such loan, or to whom such loan is made, may be fined not more than $5,000, or imprisoned not more than five years, or may be both fined and imprisoned, in the discretion of the court. (i) In passing upon applications for permission to exercise the powers enumerated in this section, the Comptroller of the Currency may take into consideration the amount of capital and surplus of the applying bank, whether or not such capital and surplus is sufficient under the circumstances of the case, the needs of the community to be served, and any other facts and circumstances that seem to him proper, and may grant or refuse the application accordingly: Provided, That no permit shall be issued to any national banking association having a capital and surplus less than the capital and surplus required by State law of State banks, trust companies, and corporations exercising such powers. (j) Any national banking association desiring to surrender its right to exercise the powers granted under this section, in order to relieve itself of the necessity of complying with the requirements of this section, or to have returned to it any securities which it may have deposited with the State authorities for the protection of private or court trusts, or for any other purpose, may file with the Comptroller of the Currency a certified copy of a resolution of its board of directors signifying such desire. Upon receipt of such resolution, the Comptroller of the Currency, after satisfying himself that such bank has been relieved in accordance with State law of all duties as trustee, executory, administrator, registrar of stocks and bonds, guardian of estates, assignee, receiver, committee of estates of lunatics or other fiduciary, under court, private, or other appointments previously accepted under authority of this section, may, in his discretion, issue to such bank a certificate certifying that such bank is no longer authorized to exercise the powers granted by this section. Upon the issuance of such a certificate by the Comptroller of the Currency, such bank (1) shall no longer be subject to the provisions of this section or the regulations of the Comptroller of the Currency made pursuant thereto, (2) shall be entitled to have returned to it any securities which it may have deposited with the State authorities for the protection of private or court trusts, and (3) shall not exercise thereafter any of the powers granted by this section without first applying for and obtaining a new permit to exercise such powers pursuant to the provisions of this section. The Comptroller of the Currency is authorized and empowered to promulgate such regulations as he may deem necessary to enforce compliance with the provisions of this section and the proper exercise of the powers granted therein.
Sec. 2. Nothing contained in this Act shall be deemed to affect or curtail

Savings provisions.

the right of any national bank to act in fiduciary capacities under a permit granted before the date of enactment of this Act by the Board or Governors of the Federal Reserve System, nor to affect the validity of any transactions entered into at any time by any national bank pursuant to such permit. On and after the date of enactment of this Act the exercise or fiduciary powers by national banks shall be subject to the provisions of this Act and the requirements of regulations issued by the Comptroller of the Currency pursuant to the authority granted by this Act.
76 Stat. 670
Sec. 3.

Repeal.

 Subsection (k) of section 11 of the Federal Reserve Act (12

38 Stat. 262.

 U.S.C. 248(k)) is repealed.
Sec. 4. Paragraph (2) of subsection (a) of section 584 of the Internal

68A Stat. 203.

Revenue Code of 1954 is amended by inserting “or the Comptroller of the Currency” immediately after “the Board of Governors of the Federal Reserve System”.
Sec. 5. Section 581 of the Internal Revenue Code of 1954 is amended by striking out “section 11 (k) of the Federal Reserve Act (38 Stat. 262; 12 U.S.C. 248(k))”, and inserting in lieu thereof “authority of the Comptroller of the Currency”.
Approved September 28, 1962.
Public Law 87–723: To provide additional funds under section 202(a)(4) of the Housing Act of 1959, and to amend title V of the Housing Act of 1940, in order to provide low and moderate cost housing, both urban and rural, for the elderly. Public Law 723 Public Law 87–723 76 Stat. 670 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–723
AN ACT To provide additional funds under section 202(a)(4) of the Housing Act of 1959, and to amend title V of the Housing Act of 1940, in order to provide low and moderate cost housing, both urban and rural, for the elderly.

September 28, 1962

[H. R. 12628]

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

Senior Citizens Housing Act of 1962.
That this Act may be cited as the “Senior Citizens Housing Act of 1962”.
Sec. 2. The Congress finds that there is a large and growing need for suitable housing for older people both in urban and rural areas. Our older citizens face special problems in meeting their housing needs because of the prevalence of modest and limited incomes among the elderly, their difficulty in obtaining liberal long-term home mortgage credit, and their need for housing planned and designed to include features necessary to the safety and convenience of the occupants in a suitable neighborhood environment. The Congress further finds that the present programs for housing the elderly under the Housing and Home Finance Agency have proven the value of Federal credit assistance in this field and at the same time demonstrated the urgent need for an expanded and more comprehensive effort to meet our responsibilities to our senior citizens.
Sec. 3.

Leans, revolving fund.

73 Stat. 667; 75 Stat. 163.

12 USC 170lq.

 (a) Section 202(a)(4) of the Housing Act of 1959 is amended by striking out “$125,000,060” and inserting in lieu thereof “$225,000,000”. (b) Effective with respect to applications for loans under section 202 of the Housing Act of 1959 made after the date of the enactment of this Act— (1) section 202(d)(1) of such Act is amended by striking out “(A)”, and by striking “, and (B)” and all that follows and inserting in lieu thereof a period; (2) section 202(d)(7) of such Act is amended by striking out all that follows “new structures” and inserting in lieu thereof a period; and (3) section 202(d)(8) of such Act is amended by striking out “(A)”, and by striking out “, and (B)” and all that follows and inserting in lieu thereof a period.
Sec. 4.

Farm housing, financial assistance.

63 Stat. 432.

42 USC 1471.

 (a) (1) Section 501 of the Housing Act of 1949 is amended— (A) by striking out the period at the end of subsection (a) and inserting in lieu thereof the following: “, and (3) to elderly persons who are or will be the owners of land in rural areas for the construction, improvement, alteration, or repair of dwellings and related facilities, the purchase of previously occupied dwellings 76 Stat. 671and related facilities and the purchase of land constituting a minimum adequate site, in order to provide them with adequate dwellings and related facilities for their own use.”; (B) by inserting at the end of subsection (b) the following new paragraph: “(3) For the purposes of this title, the term ‘elderly persons’ means

“Elderly persons.”

 persons who are 62 years of age or over.”; and (C) by inserting immediately before the semicolon at the end of clause (1) of subsection (c) the following: “, or that he is an elderly person in a rural area without an adequate dwelling or related facilities for his own use”. (2) Section 502(a) of such Act is amended by adding at the end

Loans for homing on adequate farms.

42 USC 1472.

thereof the following new sentence: “In cases of applicants who are elderly persons, the Secretary may accept the personal liability of any person with adequate repayment ability who will cosign the applicant’s note to compensate for any deficiency in the applicant’s repayment ability.” (b) Title V of the Housing Act of 1949 is amended by adding at

63 Stat. 432.

42 USC 1471–1484.

the end thereof the following new section:
“direct and insured loans to provide housing and related facilities for elderly persons and families in rural areas “Sec. 515. (a) The Secretary is authorized to make loans to private nonprofit corporations and consumer cooperatives to provide rental housing and related facilities for elderly persons and elderly families of low or moderate income in rural areas, in accordance with terms and conditions substantially identical with those specified in section 502; except that—

42 USC 1472.

 “(1) no such loan shall exceed the development cost or the value of the security, whichever is less; “(2) such loans shall bear interest at rates determined by the Secretary, not to exceed the maximum rate provided in section 202(a)(3) of the Housing Act of 1959; and

73 Stat. 667.

12 USC 1701q.

 “(3) such a loan may be made for a period of up to fifty years from the making of the loan. There is authorized to be appropriated not to exceed $50,000,000,

Appropriation.

which shall constitute a revolving fund to be used by the Secretary in carrying out this subsection. “(b) The Secretary is authorized to insure and make commitments to insure loans made to any individual, corporation, association, trust, or partnership to provide rental housing and related facilities for elderly persons and elderly families in rural areas, in accordance with terms and conditions substantially identical with those specified in section 502; except that— “(1) no such loan shall exceed $100,000 or the development cost or the value of the security, whichever is least; “(2) such loans shall bear interest at rates determined by the Secretary, not to exceed the maximum rate provided in section 203(b)(5) of the National Housing Act;

68 Stat. 591.

12 USC 1709.

 “(3) provide for complete amortization by periodic payments within such term as the Secretary may prescribe; “(4) for insuring such loans, the Secretary shall utilize the Agricultural Credit Insurance Fund subject to all the provisions

Agricultural Credit Insurance Fund.

75 Stat. 309, 308.

7 USC 1929. 1928.

of section 309 and the second and third sentences of section 308 of the Consolidated Farmers Home Administration Act of 1961, including the authority in section 309(f)(1) of that Act to utilize the insurance fund to make, sell, and insure loans which could be 76 Stat. 672insured under this subsection; but the aggregate of the principal amounts of such loans made by the Secretary and not disposed of shall not exceed $10,000,000 outstanding at any one time; and the Secretary may take liens running to the United States though the notes may be held by other lenders; and “(5)

Loan authority, expiration date.

 no loan shall be insured under this subsection after June 30, 1964. “(c) No loan shall be made or insured under subsection (a) or (b) unless the Secretary finds that the construction involved will be undertaken in an economical manner and will not be of elaborate or extravagant design or materials. “(d) As used in this section— “(1)

Definitions.

 the term ‘housing’ means new or existing housing suitable for dwelling use by elderly persons or elderly families; “(2) the term ‘related facilities’ includes cafeterias or dining halls, community rooms or buildings, appropriate recreation facilities, and other essential service facilities; “(3) the term ‘elderly persons’ means persons who are 62 years of age or over; and the term ‘elderly families’ means families the head of which (or his spouse) is 62 years of age or over; and “(4) the term ‘development cost’ means the costs of constructing, purchasing, improving, altering, or repairing new or existing housing and related facilities and purchasing and improving the necessary land, including necessary and appropriate fees and charges approved by the Secretary. “(e)

63 Stat. 438; 75 Stat. 186.

42 USC 1483.

 Amounts made available pursuant to section 513 of this Act shall be available for administrative expenses incurred under this section.”
(c)

42 USC 1481.

42 USC 1474.

Ante, p. 671.

 (1) Section 511 of the Housing Act of 1949 is amended— (A) by striking out “section 504(b)” and inserting in lieu thereof “section 504(b) or 515(a)”; and (B) by striking out “$650,000,000” and inserting in lieu thereof “$700,000,000, of which $50,000,000 shall be available exclusively for assistance to elderly persons as provided in clause (3) of

42 USC 1471.

42 USC 1476.

42 USC 1484.

section 501(a)”. (2) Section 506(a) of such Act is amended by striking out “section 514” each place it appears and inserting in lieu thereof “sections 514 and 515”. (3) Section 504(a) of such Act is amended by striking out “(1) in the form of a loan, or combined loan and grant, in excess of $1,000, or (2) in the form of a grant (whether or not combined with a loan) in excess of $500” and inserting in lieu thereof “in the form of a loan, grant, or combined loan and grant in excess of $1,000”. (4) Paragraph (12) of section 5200 of the Revised Statutes (12 U.S.C. 84) is amended by inserting “or title V of the Housing Act of 1949,” immediately before “shall be subject under this section”.
Approved September 28, 1962.
Public Law 87–724: Making continuing appropriations for the fiscal year 1963, and for other purposes. Public Law 724 Public Law 87–724 76 Stat. 672 1962-09-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–724
JOINT RESOLUTION Making continuing appropriations for the fiscal year 1963, and for other purposes.

September 29, 1962

[H. J. Res. 897]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the joint, resolution of

Ante, p. 427.

August 31, 1962 (Public Law 87–625), is hereby amended by striking out “September 30, 1962” and inserting in lieu thereof “October 31, 1962”.
Approved September 29, 1962.
Public Law 87–725: To amend the provisions of the Perishable Agricultural Commodities Act, 1930, relating to practices in the marketing of perishable agricultural commodities. Public Law 725 Public Law 87–725 76 Stat. 673 1962-10-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 673 Public Law 87–725
AN ACT To amend the provisions of the Perishable Agricultural Commodities Act, 1930, relating to practices in the marketing of perishable agricultural commodities.

October 1, 1962

[S. 1037]

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

Perishable Agricultural Commodities Act, 1930, amendment.

50 Stat. 725; 46 Stat. 532.

Definitions.

(6) and (7) of the first section of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a), are amended to read as follows: “(6) The term ‘dealer’ means any person engaged in the business of buying or selling in wholesale or jobbing quantities, as defined by the Secretary, any perishable agricultural commodity in interstate or foreign commerce, except that (A) no producer shall be considered as a ‘dealer’ in respect to sales of any such commodity of his own raising; (B) no person buying any such commodity solely for sale at retail shall be considered as a ‘dealer’ until the invoice cost of his purchases of perishable agricultural commodities in any calendar year are in excess of $90,000; and (C) no person buying any commodity for canning and/or processing within the State where grown shall be considered a ‘dealer’ whether or not the canned or processed product is to be shipped in interstate or foreign commerce, unless such product is frozen or packed in ice, or consists of cherries in brine, within the meaning of paragraph (4) of this section. Any person not considered as a ‘dealer under clauses (A), (B), and (C) may elect to secure a license under the provisions of section 3, and in such case and while the license is in effect such person shall be considered as a ‘dealer’; “(7) The term ‘broker’ means any person engaged in the business of negotiating sales and purchases of any perishable agricultural commodity in interstate or foreign commerce for or on behalf of the vendor or the purchaser, respectively, except that no person shall be deemed to be a ‘broker’ if such person is an independent agent negotiating sales for and on behalf of the vendor and if the only sales of such commodities negotiated by such person are sales of frozen fruits and vegetables having an invoice value not in excess of $90,000 in any calendar year.”
Sec. 2. The first section of such Act (7 U.S.C. 499a) is further amended by adding at the end thereof the following new paragraphs: “(9) The term ‘responsibly connected’ means affiliated or connected with a commission merchant, dealer, or broker as (A) partner in a partnership, or (B) officer, director, or holder of more than 10 per centum of the outstanding stock of a corporation or association; “(10) The terms ‘employ’ and ‘employment’ mean any affiliation of any person with the business operations of a licensee, with or without compensation, including ownership or selfemployment.”
Sec. 3. The third sentence of section 3(b) of such Act (7 U.S.C.

License fees.

64 Stat. 217.

499c(b)) is amended to read as follows: “Upon the filing of the application, and annually thereafter, the applicant shall pay such fee as the Secretary determines necessary to meet the reasonably anticipated expenses for administering this Act and the Act to prevent the destruction or dumping of farm produce, approved March 3, 1927 (7 U.S.C. 491–497), but in no event shall such tee exceed $50. Such fee,

44 Stat. 1355.

when collected, shall be deposited in the Treasury of the United States as a special fund, without fiscal year limitation, to be designated as the ‘Perishable Agricultural Commodities Act Fund’, which shall be

“Perishable Agricultural Commodities Act Fund.”

available for all expenses necessary to the administration of this Act and the Act approved March 3, 1927, referred to above: Provided, That financial statements prescribed by the Director of the Bureau of the Budget for the last completed fiscal year, and as estimated for the current and ensuing fiscal years, shall be included in the budget as 76 Stat. 674submitted to the Congress annually. The Secretary shall give public notice of any increase to be made m the annual fee prescribed by him hereunder and shall allow a reasonable time prior to the effective date of such increase for interested persons to file their views on or objections to such increase.”
Sec. 4.

46 Stat. 533.

 Section 3 of such Act (7 U.S.C. 499c) is further amended by adding at the end thereof the following new subsection: “(c)

Trade names.

 A licensee may conduct business in more than one trade name or change the name under which business is conducted without requiring an additional or new license. The Secretary may disapprove the use of a trade name if, in his opinion, the use of the trade name by the licensee would be deceptive, misleading, or confusing to the trade, and the Secretary may, after notice and opportunity for a hearing, suspend for a period not to exceed ninety days the license of any licensee who continues to use a trade name which the Secretary has disapproved for use by such licensee. The Secretary may refuse to issue a license to an applicant if he finds that the trade name in which the applicant proposes to do business would be deceptive, misleading, or confusing to the trade if used by such applicant.”
Sec. 5.

Bankruptcy.

70 Stat. 726.

 Section 4(a) of such Act (7 U.S.C. 499d(a)) is amended by inserting before the period at the end thereof “:And provided further, That the license of any licensee shall terminate upon said licensee, or in case the licensee is a partnership, any partner, being discharged as a bankrupt”.
Sec. 6. Section 4(b) of such Act (7 U.S.C. 499d(b)) is amended to read as follows: “(b)

License refusal.

 The Secretary shall refuse to issue a license to an applicant if he finds that the applicant, or any person responsibly connected with the applicant, is a person who, or is or was responsibly connected with a person who— “(A)

7 USC 499h.

 has had his license revoked under the provisions of section 8 within two years prior to the date of the application or whose license is currently under suspension; “(B) within two years prior to the date of application has been found after notice and opportunity for hearing to have committed

7 USC 499b.

any flagrant or repeated violation of section 2, but this provision shall not apply to any case in which the license of the person found to have committed such violation was suspended and the suspension period has expired or is not in effect; “(C) within two years prior to the date of the application, has been found guilty in a Federal court of having violated the provisions

44 Stat. 1355.

of the Act of March 3, 1927 (7 U.S.C. 491–497), relating to the prevention of destruction and dumping of farm produce; or “(D)

Post, p. 675;

7 USC 499g.

 has failed, except in the case of bankruptcy and subject to his right of appeal under section 7(c), to pay any reparation order issued against him within two years prior to the date of the application.”
Sec. 7. Section 4(c) of such Act (7 U.S.C. 499d(c)) is amended to read as follows: “(c)

Period of license ineligibility.

 Any applicant ineligible for a license by reason of the provisions of subsection (b) of this section may, upon the expiration of the two-year period applicable to him, be issued a license by the Secretary if such applicant furnishes a surety bond in the form and amount satisfactory to the Secretary as assurance that his business will be conducted in accordance with this Act and that he will pay all reparation orders which may be issued against him in connection with transactions occurring within four years following the issuance of the license, subject to his right of appeal under section 7(c). In the event such applicant does not furnish such a surety bond, the Secretary 76 Stat. 675shall not issue a license to him until three years have elapsed after the date of the applicable order of the Secretary or decision of the court on appeal. If the surety bond so furnished is terminated for any reason without the approval of the Secretary the license shall be automatically canceled as of the date of such termination and no new license shall be issued to such person during the four-year period without a new surety bond covering the remainder of such period. The Secretary, based on changes in the nature and volume of business conducted by a bonded licensee, may require an increase or authorize a reduction in the amount of the bond. A bonded licensee who is notified by the Secretary to provide a bond in an increased amount shall do so within a reasonable time to be specified by the Secretary, and upon failure of the licensee to provide such bond his license shall be automatically suspended until such bond is provided.”
Sec. 8. Subsections (c) and (d) of section 6 of such Act (7 U.S.C. 499f) are amended by striking out “$500” each place it appears and

74 Stat. 200; 48 Stat. 587.

inserting in lieu thereof “$1,500”.
Sec. 9. Section 7(c) of such Act (7 U.S.C. 499g(c)) is amended by

Bond on appeal.

48 Stat. 587; 54 Stat. 214.

striking the second sentence thereof and substituting therefor the following: “Such appeal shall be perfected by the filing with the clerk of said court a notice of appeal, together with a petition in duplicate which shall recite prior proceedings before the Secretary and shall state the grounds upon which petitioner relies to defeat the right of the adverse party to recover the damages claimed, with proof of service thereof upon the adverse party. Such appeal shall not be effective unless within thirty days from and after the date of the reparation order the appellant also files with the clerk a bond in double the amount of the reparation awarded against the appellant conditioned upon the payment of the judgment entered by the court, plus interest and costs, including a reasonable attorney’s fee for the appellee, if the appellee shall prevail. Such bond shall be in the form of cash, negotiable securities having a market value at least equivalent to the amount of bond prescribed, or the undertaking of a surety company on the approved list of sureties issued by the Treasury Department of the United States.”
Sec. 10. Section 7(d) of such Act (7 U.S.C. 499g(d)) is amended

Stay of license termination on appeal.

50 Stat. 729.

by striking the proviso at the end of the section and substituting therefor the following: “Provided, That if on the appeal the appellee firevails or if the appeal is dismissed the automatic suspension of license shall become effective at the expiration of thirty days from the date of the judgment on the appeal, but if the judgment is stayed by a court of competent jurisdiction the suspension shall become effective ten days after the expiration of such stay, unless prior thereto the judgment of the court has been satisfied.”
Sec. 11. Section 8(b) of such Act (7 U.S.C. 499h(b)) is amended

Employment of certain persons by licensees.

70 Stat. 727.

to read as follows: “(b) Except with the approval of the Secretary, no licensee shall employ any person, or any person who is or has been responsibly connected with any person— “(1) whose license has been revoked or is currently suspended by order of the Secretary; “(2) who has been found after notice and opportunity for hearing to have committed any flagrant or repeated violation of section 2, but this provision shall not apply to any case in which the license of the person found to have committed such violation was suspended and the suspension period has expired or is not in effect; or “(3) against whom there is an unpaid reparation award issued within two years, subject to his right of appeal under section 7(c). 76 Stat. 676 The Secretary may approve such employment at any time following nonpayment of a reparation award, or after one year following the

7 USC 499b.

revocation or finding of flagrant or repeated violation of section 2, if the licensee furnishes and maintains a surety bond in form and amount satisfactory to the Secretary as assurance that such licensee’s business will be conducted in accordance with this Act and that the licensee will pay all reparation awards, subject to its right of appeal under section

Ante, p. 675.

7 USC 499g.

7(c), which may be issued against it in connection with transactions occurring within four years following the approval. The Secretary may approve employment without a surety bond after the expiration of two years from the effective date of the applicable disciplinary order. The Secretary, based on changes in the nature and volume of business conducted by the licensee, may require an increase or authorize a reduction in the amount of the bona. A licensee who is notified by the Secretary to provide a bond in an increased amount shall do so within a reasonable time to be specified by the Secretary, and if the licensee fails to do so the approval of employment shall automatically terminate. The Secretary may, after thirty days’ notice and an opportunity for a hearing, suspend or revoke the license of any licensee who, after the date given in such notice, continues to employ any person in violation of this section.”
Sec. 12. The Act of June 10, 1933 (48 Stat. 123; 7 U.S.C. 581–589), popularly known as the Export Apple and Pear Act, is amended by adding at the end thereof a new section as follows:
“Sec. 10.

Appropriation.

 There are hereby authorized to be appropriated such sums as may be necessary for the administration of this Act.”
Approved October 1, 1962.
Public Law 87–726: To authorize the President to proclaim May 15 of each year as Peace Officers Memorial Day and the calendar week of each year during which such May 15 occurs as Police Week. Public Law 726 Public Law 87–726 76 Stat. 676 1962-10-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–726
JOINT RESOLUTION To authorize the President to proclaim May 15 of each year as Peace Officers Memorial Day and the calendar week of each year during which such May 15 occurs as Police Week.

October 1, 1962

[H. J. Res. 730]

 Whereas the police officers of America have worked devotedly and selflessly in behalf of the people of this Nation, regardless of the peril or hazard to themselves; and Whereas these officers have safeguarded the lives and property of their fellow Americans; and Whereas by the enforcement of our laws, these same officers have given our country internal freedom from fear of the violence and civil disorder that is presently affecting other nations; and Whereas these men and women by their patriotic service and their dedicated efforts have earned the gratitude of the Republic: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Peace Officers Memorial Day.
That the President is authorized and requested to issue proclamations (1) designating May 15 of each year as Peace Officers Memorial Day in honor of the Federal, State, and municipal officers who have been killed or disabled in the line of duty, (2) designating in each year the calendar

Police Week.

week during which such May 15 occurs as Police Week, in recognition of the service given by the men and women who, night and day, stand guard in our midst to protect us through enforcement of our laws, and (3) inviting the governments of the States and communities and the people of the United States to observe such day and week with appropriate ceremonies and activities.
Approved October 1, 1962.
Public Law 87–727: To amend the Act of August 20, 1954 (68 Stat. 752), in order to provide for the construction, operation, and maintenance of additional features of the Talent division of the Rogue River Basin reclamation project, Oregon. Public Law 727 Public Law 87–727 76 Stat. 677 1962-10-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 677 Public Law 87–727
AN ACT To amend the Act of August 20, 1954 (68 Stat. 752), in order to provide for the construction, operation, and maintenance of additional features of the Talent division of the Rogue River Basin reclamation project, Oregon.

October 1, 1962

[S. 1023]

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

Agate Dam and Reservoir, Oreg.

Construction authority.

43 USC 371 note.

the works described in section 1 of the Act of August 20, 1954 (68 Stat. 752), the Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), is authorized to construct, operate, and maintain as a part of the Talent division of the Rogue River Basin project, Oregon, the following works: Agate Dam and Reservoir, a diversion dam, feeder canals, and related facilities.
Sec. 2. (a) The Secretary of the Interior is authorized, in connection

Recreation facilities.

with the works authorized by this Act, to construct minimum basic public recreation facilities and to arrange for the operation and maintenance of the same by an appropriate State or local agency or organization. The cost of constructing such facilities shall be non-reimbursable and nonreturnable under the reclamation laws. (b) The Secretary may make such reasonable provision in the

Fish and wild-life.

works authorized by this Act as he finds to be required for the conservation and development of fish and wildlife in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C., sec. 661, and the following), and the portion

60 Stat. 1080.

 of the construction costs allocated to these purposes together with an appropriate share of the operation, maintenance, and replacement costs therefor, shall be nonreimbursable and nonreturnable.
Sec. 3. (a) Section 3 of the Act of August 20, 1954, supra, is amended by inserting after the figure “$22,900,000” the following: “, and for the construction of Agate Dam and Reservoir the sum of $1,802,000 (January 1960 costs), in each case”. (b) Section 2, subsection (c) of said Act is amended by deleting the final period and adding to the last sentence “from the date when each irrigation repayment contract becomes effective.”
Approved October 1, 1962.
Public Law 87–728: To approve an amendatory repayment contract negotiated with the Quincy Columbia Basin Irrigation District, authorize similar contracts with any of the Columbia Basin Irrigation Districts, and to amend the Columbia Basin Project Act of 1943 (57 Stat. 14), as amended, and for other purposes. Public Law 728 Public Law 87–728 76 Stat. 677 1962-10-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–728
AN ACT To approve an amendatory repayment contract negotiated with the Quincy Columbia Basin Irrigation District, authorize similar contracts with any of the Columbia Basin Irrigation Districts, and to amend the Columbia Basin Project Act of 1943 (57 Stat. 14), as amended, and for other purposes.

October 1, 1962

[H. R. 11164]

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

Quincy Columbia Basin Irrigation District.

Repayment contracts.

repayment contract with the Quincy Columbia Basin Irrigation District negotiated by the Secretary of the Interior, pursuant to subsection (a) of section 7 of the Reclamation Project Act of 1939 (53 Stat. 1192; 43 U S.C. 485f), which contract was approved by the district electors on February 13, 1962, is hereby approved and the Secretary is hereby authorized to execute it on behalf of the United States and to negotiate and execute on behalf of the United States amendatory repayment contracts in substantially the same form or amendatory repayment contracts containing substantially the same provisions with the South and East Columbia Basin Irrigation Districts.
76 Stat. 678
Sec. 2. Upon any amendatory repayment contract with a Columbia Basin Irrigation District approved or authorized by this Act becoming effective to bind the United States, that district’s share of the operation and maintenance funds expended or obligated for the construction of drainage works including appropriate interest thereon during calendar years 1960, 1961, and 1962 shall be capitalized and charged as a part of the construction cost of the project works assigned directly to irrigation and the Secretary shall either refund to it or give it credit for (as it may elect) all operation and maintenance payments (including interest paid by it in connection therewith) which it has made for the construction of drainage works during those years, such credit, if so elected by the district, to be applied against future development period and/or construction charges of the district as they become due.
Sec. 3.

43 USC 371 note.

 The Columbia Basin project shall be governed by the Federal reclamation laws, being the Act of June 17, 1902 (32 Stat. 388,), and all Acts amendatory thereof or supplementary thereto, except that sections 2, 3, 7, and 9 of the Columbia Basin Project Act of March 10,

16 USC 835a, 835b, 835C–3, 835c–5.

16 USC 835c.

Secretary of Interior.

Authority.

 1943 (57 Stat. 14), as amended, are hereby repealed and section 4 of the Columbia Basin Project Act, as amended, is further amended to read as follows:
“Sec. 4. (a) For the purposes of assisting in the permanent settlement of farm families, protecting project land, and facilitating project development, the Secretary is authorized to administer public lands of the United States in the project area and lands acquired under this section; to sell, exchange, or lease such lands; to dedicate portions of such lands for public purposes in keeping with sound project development; to acquire in the name of the United States, at prices satisfactory to him, such lands or interests in lands, within or adjacent to the project area, as he deems appropriate for the protection, development, or improvement of the project; and to accept donations of real and personal property for the purposes of this Act. Any moneys realized on account of donations for purposes of this Act shall be covered into the Treasury as trust funds. “(b) Contracts, exchanges, and leases made under this section shall be on terms that, in the Secretary’s judgment, are in keeping with sound project development. In addition, land sale and exchange contracts shall be on a basis that, in the Secretary’s judgment, provides for the return, in a reasonable period of years, of not less than the appraised value of the land and improvements thereon. Qualification of applicants for the purchase of land for irrigation farming shall be prescribed as provided in subsection (c) of section 4 of the

43 USC 433.

Act of December 5, 1924 (43 Stat. 7021, notwithstanding any other provisions of law. No farm unit shall be sold to, and no contract to sell a-farm unit shall be entered into with, any person, corporation, or jointstock association which has theretofore purchased or entered into a contract to purchase a farm unit from the United States on the Columbia Basin project. The foregoing provisions of this paragraph shall apply only to the sale of farm units which are suitable for settlement purposes. Farm units which, in the opinion of the Secretary, are not suitable for settlement purposes may be sold with a preference to resident project landowners as supplemental units, subject to the applicable irrigable acreage limitations on the delivery of water, but the purchasers thereof shall not be entitled to benefits of the Act

43 USC 451 et seq.

of August 13, 1953 (67 Stat. 566) with respect thereto.”
76 Stat. 679
Sec. 4. The Secretary is hereby authorized and directed to amend

Existing contracts, modification.

 or modify all existing contracts, instruments, rules, regulations, forms, and procedures entered into or issued under the Columbia Basin Project Act, as amended (16 U.S.C., chap. 12D) prior to the date of

57 Stat. 14.

enactment of this Act to conform to the provisions of this Act.
Sec. 5. (a) Notwithstanding the provisions of the Federal reclamation

Water delivery to quarter sections.

laws, water may be delivered to a farm unit platted before the enactment of this Act that contains a nominal quarter section of land exceeding one hundred and sixty irrigable acres insofar as those provisions limit the delivery of water to irrigable lands in excess of one hundred and sixty irrigable acres. (b) The rights of any vendee or grantee as defined in section 3 of the Columbia Basin Project Act of 1943 are hereby preserved as to

16 USC 835b.

any transactions that were consummated by contract or deed prior to repeal of said section 3 by this Act.
Sec. 6. The following sections of the Columbia Basin Project Act of March 10, 1943, are hereby amended in the following respects: (a) Section 5(b). Delete the last sentence thereof.

16 USC 835c–1.

16 USC 835c–2.

 (b) Section 6. Delete “under section 2 hereof” and insert in lieu thereof the words “for the repayment thereof”. (c) Section 8. Delete “and to include in the contracts hereinbefore

16 USC 835C–4.

 provided for” and insert in lieu thereof the words “and to include in contracts relating to the Columbia Basin project”.
Sec. 7. The Act of June 23, 1959 (73 Stat. 87) is hereby amended

Water delivery to State-owned land.

16 USC 835a note.

to permit delivery of water to not to exceed six hundred and forty acres of irrigable lands whether or not said lands are in conformed farm units, owned by the State of Washington for use by the Washington State University for agricultural research purposes.
Approved October 1, 1962.
Public Law 87–729: To amend the Manpower Development and Training Act of 1982 with regard to reimbursement of the railroad unemployment insurance account. Public Law 729 Public Law 87–729 76 Stat. 679 1962-10-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–729
AN ACT To amend the Manpower Development and Training Act of 1982 with regard to reimbursement of the railroad unemployment insurance account.

October 1, 1962

[S. 3529]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (h)

Railroad unemployment insurance account, reimbursement.

Ante, p. 27.

 of section 203 of the Manpower Development and Training Act of 1962 is amended, effective March 15, 1962, by inserting “(1)” after the subsection designation, and by adding at the end of such subsection the following new paragraph: “(2) If unemployment benefits under the Railroad Unemployment Insurance Act are paid to a person taking training under this

52 Stat. 1094.

45 USC 367.

Act and eligible for a training allowance, the railroad unemployment insurance account in the unemployment trust fund shall be reimbursed, from funds herein appropriated, for all of such benefits paid prior to July 1, 1964, and for 50 per centum of the amount of such benefits paid on or after that date. The amount of such reimbursement shall be determined by the Secretary of Labor on the basis of reports furnished to him by the Railroad Retirement Board and such amount shall then be placed in the railroad unemployment insurance account.”
Approved October 1, 1962.
Public Law 87–730: Making appropriations for the Legislative Branch for the fiscal year ending June 30, 1963, and for other purposes. Public Law 730 Public Law 87–730 76 Stat. 680 1962-10-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 680 Public Law 87–730
AN ACT Making appropriations for the Legislative Branch for the fiscal year ending June 30, 1963, and for other purposes.

October 2, 1962

[H. R. 11151]

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

Legislative Branch Appropriation Act, 1963.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year ending June 30, 1963, and for other purposes, namely:
SENATE Compensation of the Vice President and Senators, Mileage of the President of the Senate and Senators, and Expense Allowances of the Vice President and Leaders of the Senate compensation of the vice president and senators For compensation of the Vice President and Senators of the United States, $2,471,140. mileage of president of the senate and of senators For mileage of the President of the Senate and of Senators, $58,370. expense allowances of the vice president, and majority and minority leaders For expense allowance of the Vice President, $10,000; Majority Leader of the Senate, $2,000; and Minority Leader of the Senate, $2,000; in all, $14,000. Salaries, Officers and Employees For compensation of officers, employees, clerks to Senators, and others as authorized by law, including agency contributions and longevity compensation as authorized, which shall be paid from this appropriation without regard to the below limitations, as follows: office of the vice president For clerical assistance to the Vice President, at rates of compensation to be fixed by him in basic multiples of $5 per month, $127,645. chaplain Chaplain of the Senate, $8,810. office of the secretary For office of the Secretary, $720,460: Provided, That effective July 1, 1962, the Secretary may appoint and fix the compensation of a second assistant parliamentarian at not to exceed $5,700 basic per annum. committee employees For professional and clerical assistance to standing committees, and the Select Committee on Small Business, $2,551,200. 76 Stat. 681 conference committees

For clerical assistance to the Conference of the Majority, at rates of compensation to be fixed by the chairman of said committee, $77,325.

For clerical assistance to the Conference of the Minority, at rates of compensation to be fixed by the chairman of said committee, $77,325.

 administrative and clerical assistants to senators For administrative and clerical assistants and messenger service for Senators, $12,676,275. office of sergeant at arms and doorkeeper For office of Sergeant at Arms and Doorkeeper, $2,522,780: Provided, That effective July 1, 1962, the Sergeant at Arms may employ a chief messenger at $2,460 basic per annum, and a truck driver at $2,700 basic per annum. offices of the secretaries for the majority and the minority For the offices of the Secretary for the Majority and the Secretary for the Minority, $126,350. offices of the majority and minority whips For four clerical assistants, two for the Majority Whip and two for the Minority Whip, at rates of compensation to be fixed in basic multiples or $60 per annum by the respective Whips, $14,170 each; in all, $28,340. official reporters of debates For office of the Official Reporters of Debates, $214,990. Office of the Legislative Counsel of the Senate For salaries and expenses of the Office of the Legislative Counsel of the Senate, $232,240. Contingent Expenses of the Senate legislative reorganization For salaries and expenses, legislative reorganization, $125,940. senate policy committees For salaries and expenses of the Majority Policy Committee and the Minority Policy Committee, $163,975 for each such committee; in all, $327,950. joint economic committee For salaries and expenses of the Joint Economic Committee, $250,000. joint committee on atomic energy For salaries and expenses of the Joint Committee on Atomic Energy, $294,010. joint committee on printing For salaries and expenses of the Joint Committee on Printing, $114,125; for expenses of compiling, preparing, and indexing the Congressional Directory, $1,600; in all, $115,725. 76 Stat. 682 automobiles and maintenance For purchase, exchange, driving, maintenance, and operation of four automobiles, one for the Vice President, one for the President Pro Tempore, one for the Majority Leader, and one for the Minority Leader, $36,000. furniture For service and materials in cleaning and repairing furniture, and for the purchase of furniture, $31, 190, and an additional amount for furniture, fiscal year 1962, $8,340: Provided, That the furniture purchased is not available from other agencies of the Government. inquiries and investigations For expenses of inquiries and investigations ordered by the Senate or conducted pursuant to section 134(a) of Public Law 601, Seventy-ninth

60 Stat. 831.

2 USC 190b.

Congress, including $380,000 for the Committee on Appropriations, to be available also for the purposes mentioned in Senate Resolution Numbered 193, agreed to October 14, 1943, $3,797,210. folding documents For the employment of personnel for folding speeches and pamphlets at a gross rate of not exceeding $1.90 per hour per person, $34,295. mail transportation For maintaining, exchanging, and equipping motor vehicles for carrying the mails and for official use of the offices of the Secretary and Sergeant at Arms, $16,560. miscellaneous items For miscellaneous items, exclusive of labor, $2,390,565, including $85,000 for payment to the Architect of the Capitol in accordance with

75 Stat. 199.

40 USC 174j–4.

section 4 or Public Law 87–82, approved July 6, 1961. postage stamps For postage stamps for the offices of the Secretaries for the Majority and Minority, $140; and for airmail and special-delivery stamps for office of the Secretary, $160; office of the Sergeant at Arms, $125; Senators and the President of the Senate, as authorized by law, $55,550; in all, $55,975. stationery (revolving fund) For stationery for Senators and the President of the Senate, $181,800; and for stationery for committees and officers of the Senate, $13,200; in all, $195,000, to remain available until expended. communications For an amount for communications which may be expended interchangeably for payment, in accordance with such limitations and restrictions as may be prescribed by the Committee on Rules and Administration, of charges on official telegrams and long-distance telephone calls made by or on behalf of Senators or the President of the Senate, such telephone calls to be in addition to those authorized by the provisions of the Legislative Branch Appropriation Act, 1947 (60 Stat. 392; 2 U.S.C. 46c, 46d, 46e), as amended, and the First

70 Stat. 360; 72 Stat. 442.

Deficiency Appropriation Act, 1949 (63 Stat. 77; 2 U.S.C. 46d–l), $15,150. 76 Stat. 683 HOUSE OF REPRESENTATIVES Salaries, Mileage for the Members, and Expense Allowance of the Speaker compensation of members For compensation of Members (wherever used herein the term “Member” shall include Members of the House of Representatives and the Resident Commissioner from Puerto Rico), $10,672,000. mileage of members and expense allowance of the speaker For mileage of Members and expense allowance of the Speaker, as authorized by law, $200,000. Salaries, Officers and Employees For compensation of officers and employees, as authorized by law, as follows: office of the speaker For the Office of the Speaker, $83,710. office of the parliamentarian For the Office of the Parliamentarian, including $2,000 for. preparing the Digest of the Rules, $64,635. office of the chaplain For the Office of the Chaplain, $8,810. office of the clerk For the Office of the Clerk, including $119,000 for the House Recording Studio, $1,154,490. committee employees For committee employees, including the Committee on Appropriations, $2,925,000. office of the sergeant at arms For the Office of the Sergeant at Arms, including $8,000 for additional clerical assistants, $618,150. office of the doorkeeper For the Office of the Doorkeeper, $1,059,325. special and minority employees For six minority employees, $88,405. For the office of the majority floor leader, including $2,000 for official expenses of the majority leader, $72,805. For the office of the minority floor leader, including $2,000 for official expenses of the minority leader, $56,295. For the office of the majority whip, $29,720. For the office of the minority whip, $29,720.76 Stat. 684 For two printing clerks, one for the majority caucus room and one for the minority caucus room, to be appointed by the majority and minority leaders, respectively, $13,565. For a technical assistant in the office of the attending physician, to be appointed by the attending physician, subject to the approval of the Speaker, $11,535. office of the postmaster For the Office of the Postmaster, including $9,100 for employment of substitute messengers, and extra services of regular employees when required at the basic salary rate of not to exceed $2,100 per annum each, $326,125. official reporters of debates For official reporters of debates, $202,915. official reporters to committees For official reporters to committees, $204,995. committee on appropriations For salaries and expenses, studies and examinations of executive agencies, by the Committee on Appropriations, and temporary personal services for such committee, to be expended in accordance with

60 Stat. 834.

2 USC 72a.

section 202(b) of the Legislative Reorganization Act, 1946, and to be available for reimbursement to agencies for services performed. $600,000. office of the legislative counsel For salaries and expenses of the Office of the Legislative Counsel of the House, $229,000. Members’ Clerk Hire For clerk hire, necessarily employed by each Member in the discharge of his official and representative duties, $20,400,000. Contingent Expenses of the House furniture For furniture and materials for repairs of the same, including labor, tools, and machinery for furniture repair shops, and for the purchase of packing boxes, $262,550. miscellaneous items For miscellaneous items, exclusive of salaries unless specifically ordered by the House of Representatives, including the sum of $60,000 for payment to the Architect of the Capitol in accordance with section

54 Stat. 1056.

40 USC 174k.

208 of the Act approved October 9, 1940 (Public Law 812); the exchange, operation, maintenance, and repair of the Clerk’s motor vehicles; the exchange, operation, maintenance, and repair of the folding room motortruck; the exchange, maintenance, operation, and repair of the post office motor vehicles for carrying the mails; not to exceed $5,000 for the purposes authorized by section 1 of House Resolution 348, approved June 29, 1961; the sum of $600 for hire of automobile for the Sergeant at Arms; materials for folding; and for 76 Stat. 685stationery for the use of committees, departments, and officers of the House; $2,600,000, of which such amount as may be necessary may be transferred to the appropriation under this heading for the fiscal year 1962. reporting hearings For stenographic reports of hearings of committees other than special and select committees, $150,000, of which such amount as may be necessary may be transferred to the appropriation under such heading for the fiscal year 1962. special and select committees For salaries and expenses of special and select committees authorized by the House, $2,935,000, of which such amount as may be necessary may be transferred to the appropriation under such heading for the fiscal year 1962. joint committee on internal revenue taxation For salaries and expenses of the Joint Committee on Internal Revenue Taxation, $322,500. joint committee on immigration and nationality policy For salaries and expenses of the Joint Committee on Immigration and Nationality Policy, $20,000. joint committee on defense production For all necessary expenses of the Joint Committee on Defense Production as authorized by the Defense Production Act of 1950, as amended, $65,000.

64 Stat. 798.

50 USC app. 2061.

 office of the coordinator of information For salaries and expenses of the Office of the Coordinator of Information, $113,875. telegraph and telephone For telegraph and telephone service, exclusive of personal services, $1,350,000, of which such amount as may be necessary may be transferred to the appropriation under this head for the fiscal year 1962. stationery (revolving fund) For a stationery allowance of $1,800 for each Member for the first session of the Eighty-eighth Congress, $788,400, to remain available until expended. attending physician’s office For medical supplies, equipment, and contingent expenses of the emergency room and for the attending physician and his assistants, including an allowance of $1,500 to be paid to the attending physician in equal monthly installments as authorized by the Act approved June 27, 1940 (54 Stat. 629), and including an allowance of $75 per month each to five assistants as provided by the House resolutions adopted July 1, 1930, January 20, 1932, November 18, 1940, and May 21, 1959, and Public Law 242, Eighty-fourth Congress, $16,545.

69 Stat. 499.

 76 Stat. 686 postage stamps Postage stamp allowances for the first session of the Eighty-eighth Congress, as follows: Postmaster, $320; Clerk, $640; Sergeant at Arms, $480; Doorkeeper, $400; airmail and special-delivery postage stamps for each Member, the Speaker, the majority and minority leaders, the majority and minority whips, and to each standing committee, as authorized by law; $183,640. folding documents For folding speeches and pamphlets, at a gross rate not exceeding $2.54 per thousand or for the employment of personnel at a gross rate not exceeding $1.91 per hour per person, $240,000. revision of laws For preparation and editing of the laws as authorized by 1 U.S.C.

61 Stat. 637, 638, 640.

202, 203, 213, $19,515, to be expended under the direction of the Committee on the Judiciary. speaker’s automobile For purchase, exchange, hire, driving, maintenance, repair, and operation of an automobile for the Speaker, $10,000. majority leader’s automobile For purchase, exchange, hire, driving, maintenance, repair, and operation of an automobile for the majority leader of the House, $10,000. minority leader’s automobile For purchase, exchange, hire, driving, maintenance, repair, and operation of an automobile for the minority leader of the House, $10,000. portrait of speaker For the procurement of a portrait of Honorable John W. McCormack, Speaker of the House of Representatives, $2,500, to remain available until expended, and to be disbursed by the Clerk of the House under the direction of the Speaker. Administrative Provisions

Salaries or wages paid out of the items herein for the House of Representatives shall hereafter be computed at basic rates, plus increased and additional compensation, as authorized and provided by law.

Notwithstanding any other provision of law, the Sergeant at Arms of the House is authorized and directed on and after the date of enactment of this Act to make such arrangements as may be necessary for any committee of Members of the Senate and House of Representatives duly appointed to attend the funeral of a deceased Member of the House. Notwithstanding any other provision of law, there shall be paid out of the contingent fund of the House, under such rules and regulations as the Committee on House Administration may prescribe, such sums as may be necessary to defray the funeral expenses of the deceased Member and to defray the expenses of such committee, the Sergeant at Arms of the House or a representative of his office, and the widow (or widower) or minor children, or both, of the deceased Member incurred in attending the funeral rites and burial of such Member.

 76 Stat. 687 Capitol Police general expenses For purchasing and supplying uniforms; the purchase, maintenance, and repair of police motor vehicles, including two-way police radio equipment; contingent expenses, including $25 per month for extra services performed for the Capitol Police Board by such member of the staff or the Sergeant at Arms of the Senate or the House, as may be designated by the Chairman of the Board; $36,700. capitol police board

To enable the Capitol Police Board to provide additional protection for the Capitol Buildings and Grounds, including the Senate and House Office Buildings and the Capitol Power Plant, $129,500. Such sum shall be expended only for payment of salaries and other expenses of personnel detailed from the Metropolitan Police of the District of Columbia, and the Commissioners or the District of Columbia are authorized and directed to make such details upon the request of the Board. Personnel so detailed shall, during the period of such detail, serve under the direction and instructions of the Board and are authorized to exercise the same authority as members of such Metropolitan Police and members of the Capitol Police and to perform such other duties as may be assigned by the Board. Reimbursement for salaries and other expenses or such detail personnel shall be made to the government of the District of Columbia, and any sums so reimbursed shall be credited to the appropriation or appropriations from which such salaries and expenses are payable and shall be available for all the purposes thereof: Provided, That any person detailed under the authority of this paragraph or under similar authority in the Legislative Branch Appropriation Act, 1942, and the Second

55 Stat. 456.

54 Stat. 629; 60 Stat. 408.

40 USC 213a and note.

Deficiency Appropriation Act, 1940, from the Metropolitan Police of the District of Columbia shall be deemed a member of such Metropolitan Police during the period or periods of any such detail for all purposes of rank, pay, allowances, privileges and benefits to the same extent as though such detail had not been made, and at the termination thereof any such person who was a member of such police on July 1, 1940, shall have a status with respect to rank, pay, allowances, privileges, and benefits which is not less than the status of such person in such police at the end of such detail: Provided further, That the Commissioners of the District of Columbia are directed to pay the captain and the lieutenant detailed under the authority of this paragraph the same salary as that paid the two lieutenants so detailed in fiscal year 1955 plus $625 and such increase in basic compensation as may be subsequently provided by law so long as these positions are held by the present incumbents and that the Commissioners of the District of Columbia are directed to pay the deputy chief detailed under the authority of this paragraph the same salary as that paid in fiscal year 1961 plus $1,025 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent and that the Commissioners of the District of Columbia are directed to pay the uniformed lieutenant detailed under the authority of this paragraph and serving as acting captain a salary of the rank of captain and such increases in basic compensation as may be subsequently provided by law.

The foregoing amounts under “Capitol Police” shall be disbursed by the Clerk of the House.

 76 Stat. 688 Joint Committee on Reduction of Nonessential Federal Expenditures For an amount to enable the Joint Committee on Reduction of Nonessential Federal Expenditures to carry out the duties imposed upon it by section 601 of the Revenue Act of 1941 (55 Stat. 726), to remain available during the existence of the committee, $26,790, to be disbursed by the Secretary of the Senate. Education of Pages For education of congressional pages and pages of the Supreme Court, pursuant to section 243 of the Legislative Reorganization Act,

60 Stat. 839.

2 USC 88a.

1946, $68,365, which amount shall be advanced and credited to the applicable appropriation of the District of Columbia, and the Board of Education of the District of Columbia is hereby authorized to employ such personnel for the education of pages as may be required and to pay compensation for such services in accordance with such rates of compensation as the Board of Education may prescribe. Penalty Mail Costs For expenses necessary under section 2 of Public Law 286, Eighty-third

67 Stat. 614.

39 USC 4167 and note.

Congress, $3,986,000, to be available immediately. Statements of Appropriations For the preparation, under the direction of the Committees on Appropriations of the Senate and House of Representatives, of the statements for the second session of the Eighty-seventh Congress, showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular approSriation bills as required by law, $8,000, to be paid to the persons esignated by the chairmen of such committees to supervise the work. ARCHITECT OF THE CAPITOL Office of the Architect of the Capitol salaries

For the Architect of the Capitol, Assistant Architect of the Capitol, and Second Assistant Architect of the Capitol, at salary rates of $20,700, $19,000, and $17,500 per annum, respectively, and other personal services at rates of pay provided by law; and hereafter the Assistant Architect of the Capitol shall act as Architect of the Capitol during the absence or disability of that official or whenever there is no Architect, and, in case of the absence or disability of the Assistant Architect, the Second Assistant Architect of the Capitol shall so act; $363,000.

Appropriations under the control of the Architect of the Capitol shall be available for expenses of travel on official business not to exceed in the aggregate under all funds the sum of $20,000.

 contingent expenses To enable the Architect of the Capitol to make surveys and studies and to meet unforeseen expenses in connection with activities under his care, $50,000. 76 Stat. 689 Capitol Buildings and Grounds capitol buildings For necessary expenditures for the Capitol Building and electrical substations of the Senate and House Office Buildings, under the jurisdiction of the Architect of the Capitol, including minor improvements, maintenance, repair, equipment, supplies, material, fuel, oil, waste, and appurtenances; furnishings and office equipment; special and protective clothing for workmen; uniforms or allowances therefor as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); personal and other services; cleaning and repairing works of

68 Stat. 1114.

41 USC 5.

art, without regard to section 3709 of the Revised Statutes, as amended; purchase or exchange, maintenance and operation of a passenger motor vehicle; purchase of necessary reference books and periodicals; not to exceed $500 for expenses of attendance, when specifically authorized by the Architect of the Capitol, at meetings or conventions in connection with subjects related to work under the Architect of the Capitol, $1,282,000: Provided, That not to exceed $385,000 of the unobligated balance of the appropriation under this head for the fiscal year 1962 is hereby continued available until June 30, 1963. extension of the capitol For an additional amount for “Extension of the Capitol”, $500,000. capitol grounds For care and improvement of grounds surrounding the Capitol, Senate and House Office Buildings; Capitol Power Plant; personal and other services; care of trees; planting; fertilizers; repairs to pavements, walks, and roadways; waterproof wearing apparel; maintenance of signal lights; and for snow removal by hire of men and equipment or under contract without regard to section 3709 of the Revised Statutes, as amended; $435,000.

41 USC 5.

 senate office buildings For maintenance, miscellaneous items and supplies, including furniture, furnishings, and equipment, and for labor and material incident thereto, and repairs thereof; for purchase of waterproof wearing apparel, and for personal and other services; including eight female attendants in charge of ladies’ retiring rooms at $1,800 each; for the care and operation of the Senate Office Buildings, including the subway and subway transportation systems connecting the Senate Office Buildings with the Capitol; uniforms or allowances therefor as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); to be expended under the control and supervision of the Architect

68 Stat. 1114.

of the Capitol; in all, $2,235,000. legislative garage For maintenance, repairs, alterations, personal and other services, and all other necessary expenses, $63,000. house office buildings For maintenance, including equipment; waterproof wearing apparel; uniforms or allowances therefor as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); prevention and 76 Stat. 690eradication of insect and other pests without regard to section 3709

41 USC 5.

of the Revised Statutes, as amended; miscellaneous items; and for all necessary services; $1,703,000. acquisition of property, construction, and equipment, additional house office building To enable the Architect of the Capitol, under the direction of the House Office Building Commission, to continue to provide for the acquisition of property, construction, and equipment of an additional fireproof office building for the use of the House of Representatives, and other changes and improvements, authorized by the Additional

40 USC 175 note.

House Office Building Act of 1955 (69 Stat. 41, 42), $8,500,000. capitol power plant For lighting, heating, and power (including the purchase of electrical energy) for the Capitol, Senate and House Office Buildings, Supreme Court Building, Congressional Library Buildings, and the grounds about the same, Botanic Garden, legislative garage, and for air-conditioning refrigeration not supplied from plants in any of such buildings; for heating the Government Printing Office, Washington City Post Office, and Folger Shakespeare Library, reimbursement for which shall be made and covered into the Treasury; personal and other services, fuel, oil, materials, waterproof wearing apparel, and all other necessary expenses in connection with the maintenance and operation of the plant; $2,052,000. Library Buildings and Grounds structural and mechanical care For necessary expenditures for mechanical and structural maintenance, including improvements, equipment, supplies, waterproof wearing apparel, and personal and other services, $844,500, or which not to exceed $20,000 shall be available for expenditure without regard to

41 USC 5.

section 3709 of the Revised Statutes, as amended: Provided, That the unobligated balance of the appropriation under this head for the fiscal year 1962 is hereby continued available until June 30, 1963. furniture and furnishings For furniture, partitions, screens, shelving, and electrical work pertaining thereto and repairs thereof, office and library equipment, apparatus, and labor-saving devices, $225,000. BOTANIC GARDEN salaries and expenses For all necessary expenses incident to maintaining, operating, repairing, and improving the Botanic Garden and the nurseries, buildings, grounds, collections, and equipment pertaining thereto, including personal services; waterproof wearing apparel; not to exceed $25 for emergency medical supplies; traveling expenses, including bus fares, not to exceed $275; the prevention and eradication of insect and other pests and plant diseases by purchase of materials and procurement of personal services by contract without regard to the provisions of any other Act; purchase and exchange of motor trucks; purchase and exchange, maintenance, repair, and operation of a passenger motor 76 Stat. 691vehicle; purchase of botanical books, periodicals, and books of reference, not to exceed $100; all under the direction of the Joint Committee on the Library; $452,000: Provided, That not to exceed $62,000 of the unobligated balance of the appropriation under this head for the fiscal year 1962 is hereby continued available until June 30, 1964. LIBRARY OF CONGRESS Salaries and Expenses For necessary expenses of the Library of Congress, not otherwise provided for, including development and maintenance of the Union Catalogs; custody, care, and maintenance of the Library Buildings; special clothing; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board; $9,810,430: Provided, That not to exceed $67,000 of the unobligated balance of the appropriation under this head for the fiscal year 1962 is hereby continued available until June 30, 1963: Provided further, That not to exceed $1,100,000 shall be available for reimbursement to the General Services Administration for alterations, including air conditioning, of space to be occupied by the Library of Congress in the Naval Weapons Plant. Copyright Office salaries and expenses For necessary expenses of the Copyright Office, including publication of the decisions of the United States courts involving copyrights, $1,619,700. Legislative Reference Service salaries and expenses For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946, as amended (2 U.S.C. 166), $1,870,000: Provided, That no part of this appropriation may be

60 Stat. 836.

used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration or the Senate Committee on Rules and Administration. Distribution of Catalog Cards salaries and expenses For necessary expenses for the preparation and distribution of catalog cards and other publications of the Library, $2,700,700. Books for the General Collections For necessary expenses (except personal services) for acquisition of books, periodicals, and newspapers, and all other material for the increase of the Library, $570,000, to remain available until expended. Books for the Law Library For necessary expenses (except personal services) for acquisition of books, legal periodicals, and all other material for the increase of the law library, $110,000, to remain available until expended. 76 Stat. 692 Books for the Blind salaries and expenses

46 Stat. 1487; 71 Stat. 630.

For necessary salaries and expenses to carry out the provisions of the Act approved March 3, 1931 (2 U.S.C. 135a), as amended, $1,884,700. Organizing and Microfilming the Papers of the Presidents salaries and expenses For necessary expenses to carry out the provisions of the Act of

2 USC 131 note.

 August 16, 1957 (71 Stat. 368), $112,800, to remain available until expended. Preservation of Early American Motion Pictures For necessary expenses to enable the Librarian of Congress to provide for the conversion to safety base film of the George Kleine Collection of nitrate film, and the paper prints of early American motion pictures now in the custody of the Library, $60,600. Collection and Distribution of Library Materials (Special Foreign Currency Program) For necessary expenses for carrying out the provisions of section 104(n) of the Agricultural Trade Development and Assistance Act

72 Stat. 1790.

of 1954, as amended (7 U.S.C. 1704(n)), to remain available until expended, $678,000, of which $630,000 shall be available for the purchase of foreign currencies which accrue under that Act and which the Treasury Department shall determine to be excess to the normal requirements of the United States. Indexing and Microfilming the Russian Orthodox Greek Catholic Church Records in Alaska For necessary expenses to carry out the provisions of the Act of July 31, 1961 (75 Stat. 241), $15,000, to remain available until expended. Administrative Provisions

Appropriations in this Act available to the Library of Congress for salaries shall be available for expenses of investigating the loyalty of Library employees; special and temporary services (including employees engaged by the day or hour or in piecework); and services as

60 Stat. 810.

authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a).

Not to exceed ten positions in the Library of Congress may be exempt from the provisions of appropriation Acts concerning the employment of aliens during the current fiscal year, but the Librarian shall not make any appointment to any such position until he has ascertained that he cannot secure for such appointments a person in any of the categories specified in such provisions who possesses the special qualifications for the particular position and also otherwise meets the general requirements for employment in the Library of Congress.

 76 Stat. 693 GOVERNMENT PRINTING OFFICE Printing and Binding For authorized printing and binding for the Congress; not to exceed $7,500 for printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (44 U.S.C. 182);

49 Stat. 1546.

printing, binding, and distribution of the Federal Register (including the Code of Federal Regulations) as authorized by law (44 U.S.C. 309, 311, 311a); and printing and binding of Government publications

49 Stat. 502; 67 Stat. 388; 56 Stat. 1045.

 authorized by law to be distributed without charge to the recipients; $15,200,000: Provided, That this appropriation shall not be available for printing and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture): Provided further, That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years. Office of Superintendent of Documents salaries and expenses For necessary expenses of the Office of Superintendent of Documents, including compensation of all employees in accordance with the Act entitled “An Act to regulate and fix rates of pay for employees and officers of the Government Printing Office”, approved June 7, 1924 (44 U.S.C. 40); travel expenses (not to exceed $1,500); price lists

43 Stat. 658.

and bibliographies; repairs to buildings, elevators, and machinery; and supplying books to depository libraries; $4,683,600: Provided, That $200,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), with the approval of the Public Printer, only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments. acquisition of site and construction of annex For necessary expenses in carrying out the provisions of the Act approved October 4, 1961 (Public Law 87–373), $6,450,000, to remain

75 Stat. 803.

44 USC 61 note.

available until expended, and to be available for transfer to the Administrator of General Services. GENERAL PROVISIONS
Sec. 102. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles.
Sec. 103. Whenever any office or position not specifically established by the Legislative Pay Act of 1929 is appropriated for herein or whenever

46 Stat. 32.

2 USC 60a note.

the rate of compensation or designation of any position appropriated for herein is different from that specifically established for such position by such Act, the rate of compensation and the designation of the position, or either, appropriated for or provided herein, shall be the permanent law with respect thereto: Provided, That the provisions herein for the various items of official expenses of Members, officers, and committees of the Senate and House, and clerk hire for Senators and Members shall be the permanent law with respect thereto: Provided further, That the provisions relating to positions and salaries thereof carried in House Resolutions 331, 341, 348, 402, 449, 76 Stat. 694487, 509, and 560 of the Eighty-seventh Congress shall be the permanent law with respect thereto: Provided further, That the provisions of House Resolution 476 of the Eighty-seventh Congress shall be the permanent law with respect thereto.
Sec. 104. No part of any appropriation contained in this Act shall be paid as compensation to any person appointed after June 30, 1935, as an officer or member of the Capitol Police who does not meet the standards to be prescribed for such appointees by the Capitol Police Board: Provided, That the Capitol Police Board is hereby authorized to detail police from the House Office, Senate Office, and Capitol Buildings for police duty on the Capitol Grounds.
Sec. 105. No part of any amount appropriated in this Act shall be available to finance, under authority of section 4167(a) of title 39,

74 Stat. 663.

United States Code, the mailing and delivering of mail matter sent through the mails with a simplified form of address under the franking privilege by any Member or Member-elect of Congress to postal patrons, including those patrons on rural or star routes.
Sec. 106. (a) This section shall apply to— (1) Each employee of the Senate whose compensation is paid from the appropriation for Salaries, Officers and Employees under the heading “Office of the Secretary”, except the Assistant to the Majority, and the Assistant to the Minority. (2) Each employee of the Senate whose compensation is paid from such appropriation under the heading “Office of Sergeant at Arms and Doorkeeper”, except employees designated on the rolls as “special employees”. (3) Each employee of the Senate whose compensation is paid from such appropriation under the heading “Official Reporters of Debates”. (4) Each employee of the Senate whose compensation is paid from such appropriation under the heading “Offices of the Secretaries for the Majority and the Minority”. (5) Each employee of the Senate authorized by Senate resolution to be appointed by the Secretary or Sergeant at Arms, except employees designated on the rolls as “special employees”. (6) Telephone operators, including the chief operator and assistant chief operators, on the United States Capitol telephone exchange. (7) Members of the Capitol Police. (b)

“Longevity compensation.”

 An employee to whom this section applies shall be paid during any period of continuous service as such an employee additional basic compensation (hereinafter referred to as “longevity compensation”) at the rate of $120 per annum if at the time of such payment the annual rate of basic compensation (exclusive of longevity compensation) of the position in which employed is less than $1,800, or $180 per annum if at such time such rate is $1,800 or more, for each five years of service performed as such an employee during such period. No employee shall receive more than four such increases upon the basis of any period of continuous service, and nothing in this section shall be construed to authorize the payment to any employee of total compensation, including longevity compensation, in excess of the maximum amount prescribed by law or Senate employees generally. Notwithstanding the first sentence of this subsection, the first increase under this section for telephone operators (exclusive of the chief operator and assistant chief operators), who on September 1, 1962, have more than 25 years of service as a telephone operator on the United States Capitol telephone exchange shall be $240 basic per annum. In computing length of continuous service for the purposes of this section only service performed subsequent to August 31, 1957, shall be credited, and in the case of employees of the Official Reporters of Debates of the Senate there shall be credited any service as such 76 Stat. 695an employee performed during the period beginning on September 1, 1957, and ending on June 30, 1960, whether or not compensated from the appropriation referred to in subsection (a). Continuity of service for the purpose of this subsection shall not be deemed to be broken by separations from service of not more than thirty days, by the performance of service as an employee, other than an employee subject to the provisions of this section, whose compensation is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives, or by the performance of active military service in the armed forces of the United States, but such separations and service shall not be credited for the purposes of this section. Longevity compensation under this section shall be payable on and after the first day of the first month following completion of the five-year period upon which such compensation is based. (c) The Act of February 13, 1945 (Public Law 2, 79th Cong.; 2

Repeals.

59 Stat. 4.

U.S.C. 60i), is repealed, and no longevity increase payable under authority of such Act prior to the effective date of this section shall be payable on or after such date. (d) Section 105 of the Legislative Branch Appropriation Act, 1959 (Public Law 85–570) is repealed. Any member of the Capitol Police

72 Stat. 453.

 who prior to the effective date of this section completed service entitling him to be paid at a rate specified in such section 105 shall be entitled, so long as he continues to serve without break in service of more than thirty days as a member of the Capitol Police, to continue to be paid at such rate and, in addition, to receive any longevity increases for which he may become qualified under subsection (b) of this section, except that while receiving compensation at a rate specified in such section 105(1) no such member shall receive more than three longevity increases under subsection (b) based upon any period of continuous service, and (2) in computing length of service for the purpose of such longevity increases, only service performed subsequent to the date on which such member began receiving compensation at a rate prescribed by such section 105 small be counted. (e)

This section shall become effective on September 1, 1962.

Effective date.

This Act may be cited as the “Legislative Branch Appropriation

Short title.

Act, 1963”.
Approved October 2, 1962.
Public Law 87–731: To promote the foreign policy of the United States by authorizing a loan to the United Nations and the appropriation of funds therefor. Public Law 731 Public Law 87–731 76 Stat. 695 1962-10-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–731
AN ACT To promote the foreign policy of the United States by authorizing a loan to the United Nations and the appropriation of funds therefor.

October 2, 1962

[S. 2768]

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

United Nations.

Loan.

authorized to be appropriated to the President, without fiscal-year limitation, out of any money in the Treasury not otherwise appropriated, $100,000,000 for a loan to the United Nations. The proceeds of such loan shall not be used to relieve members of the United Nations of their obligation to pay arrearages on payments of any United Nations assessments, and shall not be used to reduce regular or special assessments against any such members.
Sec. 2. The total amount of money that may be loaned to the United Nations pursuant to the authorization contained in the first section of this Act shall not exceed the aggregate amount of loans made by other nations.
76 Stat. 696
Sec. 3. There shall be deducted from the annual payment of the assessed share of the United States of the budget of the United Nations an amount equal to the corresponding annual installment of principal and interest due to the United States on account of the loan made pursuant to section 1.
Sec. 4.

Future borrowing.

 Nothing herein shall be regarded as authorizing the United States to participate in any future United Nations borrowing. It is the sense of the Congress that the United States shall use its best efforts to promote a pattern of United Nations financing (including a vigorous program for collection of delinquencies on annual assessments of nations and maintenance of such annual assessments on a

Report to Congress.

current basis) that will avoid any future largescale deficits. The Department of State is hereby instructed to submit to the Congress, not later than January 31, 1963, a report on steps taken in the 17th Session of the General Assembly of the United Nations on long-term financing of the United Nations.
Sec. 5. The Congress hereby expresses its satisfaction that the International Court of Justice has decided that the expenditures authorized in resolutions of the United Nations General Assembly relating to operations in the Middle East and in the Congo are “expenses of the

“Expenses of the Organization.”

Organization” within the meaning of the United Nations Charter, thereby providing a sound basis for obtaining prompt payment of assessments for such expenditures by making them obligations of all members of the United Nations.
Sec. 6. It is the sense of the Congress that the United Nations should take immediate steps to give effect to the advisory opinion of the International Court of Justice on the financial obligations of members of the United Nations in order to assure prompt payment of all assessments, including assessments to cover the cost of operations to maintain or restore international peace and security.
Approved October 2, 1962.
Public Law 87–732: To amend the Soil Conservation and Domestic Allotment Act, as amended, to add a new section 16A to limit financial and technical assistance for drainage of certain wetlands. Public Law 732 Public Law 87–732 76 Stat. 696 1962-10-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–732
AN ACT To amend the Soil Conservation and Domestic Allotment Act, as amended, to add a new section 16A to limit financial and technical assistance for drainage of certain wetlands.

October 2, 1962

[H. R. 8520]

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

Agriculture Dept.

Wetlands drainage assistance, limitation.

49 Stat. 1151.

16 USC 590p.
That the Soil Conservation and Domestic Allotment Act, as amended, is further amended by inserting after section 16 thereof the following new section:
“Sec. 16A. The Secretary of Agriculture shall not enter into an agreement in the States of North Dakota, South Dakota, and Minnesota to provide financial or technical assistance for wetland drainage on a farm under authority of this Act, if the Secretary of the Interior has made a finding that wildlife preservation will be materially harmed on that farm by such drainage and that preservation of such land in its undrained status will materially contribute to wildlife preservation and such finding, identifying specifically the farm and the land on that farm with respect to which the finding was made, has been filed with the Secretary of Agriculture within ninety days after the filing of the application for drainage assistance: Provided, That the limitation against furnishing such financial or technical assistance shall terminate (1) at such time as the Secretary of the Interior notifies the Secretary of Agriculture that such limitation should not be applicable, (2) one year after the date on which the adverse finding of the Secretary of the Interior was filed unless during that time an 76 Stat. 697offer has been made by the Secretary of the Interior or a State government agency to lease or to purchase the wetland area from the owner thereof as a waterfowl resource, or (3) five years after the date on which such adverse finding was filed if such an offer to lease or to purchase such wetland area has not been accepted by the owner thereof: Provided further, That upon any change in the ownership of the land with respect to which such adverse finding was filed, the eligibility of such land for such financial or technical assistance shall be redetermined in accordance with the provisions of this section.”
Approved October 2, 1962.
Public Law 87–733: Expressing the determination of the United States with respect to the situation in Cuba. Public Law 733 Public Law 87–733 76 Stat. 697 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–733
JOINT RESOLUTION Expressing the determination of the United States with respect to the situation in Cuba.

October 3, 1962

[S. J. Res. 230]

 Whereas President James Monroe, announcing the Monroe Doctrine in 1823, declared that the United States would consider any attempt on the part of European powers “to extend their system to any portion of this hemisphere as dangerous to our peace and safety”; and Whereas in the Rio Treaty of 1947 the parties agreed that “an armed

62 Stat. 1681.

 attack by any State against an American State shall be considered as an attack against all the American States, and, consequently, each one of the said contracting parties undertakes to assist in meeting the attack in the exercise of the inherent right of individual or collective self-defense recognized by article 51 of the Charter of the United Nations”: and

59 Stat. 1044.

 Whereas the Foreign Ministers of the Organization of American States at Punta del Este in January 1962 declared: “The present Government of Cuba has identified itself with the principles of Marxist-Leninist ideology, has established a political, economic, and social system based on that doctrine, and accepts military assistance from extracontinental Communist powers, including even the threat of military intervention in America on the part of the Soviet Union”; and Whereas the international Communist movement has increasingly extended into Cuba its political, economic, and military sphere of influence; Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the United States is determined—

Cuba.

Congressional determination.

 (a) to prevent by whatever means may be necessary, including the use of arms, the Marxist-Leninist, regime in Cuba from extending, by force or the threat of force, its aggressive or subversive activities to any part of this hemisphere; (b) to prevent in Cuba the creation or use of an externally supported military capability endangering the security of the United States; and (c) to work with the Organization of American States and with freedom-loving Cubans to support the aspirations of the Cuban people for self-determination.
Approved October 3, 1962.
Public Law 87–734: To provide for the acquisition of and the payment for individual Indian and tribal lands of the Lower Brule Sioux Reservation in South Dakota, required by the United States for the Big Bend Dam and Reservoir project on the Missouri River, and for the rehabilitation, social, and economic development of the members of the tribe, and for other purposes. Public Law 734 Public Law 87–734 76 Stat. 698 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 698 Public Law 87–734
AN ACT To provide for the acquisition of and the payment for individual Indian and tribal lands of the Lower Brule Sioux Reservation in South Dakota, required by the United States for the Big Bend Dam and Reservoir project on the Missouri River, and for the rehabilitation, social, and economic development of the members of the tribe, and for other purposes.

October 3, 1962

[H. R. 5144]

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

Lower Brule Sioux Reservation, S. Dak.

Land acquisition for Big Bend Dam and Reservoir project.

33 USC 701–1 et seq.
That in furtherance of the Big Bend Dam and Reservoir project authorized by the Flood Control Act of December 22, 1944 (58 Stat. 887,891)— (a) The entire interest, including gravel but excluding the interest in oil, gas, and all other minerals of any nature whatsoever, in approximately 14,299.03 acres of land within the taking area described in this Act in the Lower Brule Sioux Reservation in South Dakota, in which the Lower Brule Sioux Tribe or individual Indians have a trust or restricted interest, and any interest the tribe or Indians may have within the bed of the Missouri River so far as it is within the boundaries of the reservation are hereby taken by the United States for the Big Bend Dam and Reservoir project on the Missouri River, and in consideration thereof and for trust or restricted lands heretofore acquired by the United States in condemnation proceedings for the Big Bend project the United States will pay to the tribe and the individual Indian owners, out of funds available for the Big Bend Dam and Reservoir project— (1) a sum aggregating $825,000, to be disbursed in accordance with the provisions of schedules prepared pursuant to section 2(b) or this Act; and (2) the amount of $400,715, which shall be in settlement of all claims, rights, and demands of the tribe and individual Indians arising out of the taking under this Act, to be disbursed in accordance with the provisions of section 2 hereof. (b) Upon a determination by the Secretary of the Army, within two years from the date of enactment of this Act, filed among the appropriate land records of the Department of the Interior, that any of the lands described in this Act are not required for Big Bend project purposes, title to such land shall be revested in the former owner.
Sec. 2.

Compensation.

 (a) The payments authorized by section 1 of this Act, less the amounts heretofore deposited by the United States in the case entitled United States of America. Plaintiff against 867.50 acres of land, etc., and Crow Creek Tribe or Sioux Indians et al., Defendants, civil numbered 335, filed in the United States District Court for the District of South Dakota, for trust property acquired in the taking area described in this Act, shall be deposited to the credit of the tribe in the Treasury of the United States and shall draw interest on the principal at the rate of 4 per centum per annum until expended. (b)

Schedules.

 The amount paid pursuant to section 1(a)(1) of this Act shall located in accordance with Indian ownership schedules prepared by the Secretary of the Interior, after consultation with the Lower Brule Tribal Council to correct known errors and to insure fair and equitable allocation. These schedules shall reflect the amount agreed upon by the Secretary of the Army and the Secretary of the Interior as the basis for negotiation, after appropriate acreage adjustments, increased by a uniform percentage to equal the amount paid. The amounts allocated for payment of property owned by individual Indians shall be credited to their respective individual Indian money 76 Stat. 699accounts. No part of the compensation provided for in section 1 shall be subject to any lien, debt, or claim of any nature whatsoever against the tribe or the individual Indian owners entitled to the compensation, except delinquent debts owed to the United States by the tribe, or delinquent debts owed to the tribe or to the United States by the individual Indians entitled to the compensation: Provided, That such compensation shall not be applied to the payment of such individual delinquent debts unless the Secretary of the Interior first determines and certifies that no hardship will result from the payment of such delinquent debts. (c) The tribal council, with the approval of the Secretary of the Interior, shall make available from the funds authorized by section 1(a)(2) of this Act not to exceed $247,325, to pay the expenses, costs, losses, and damages incurred by members of the tribe as a direct result of moving themselves and their possessions, including dwellings and other buildings owned by the individual members, on account of the acquisition referred to in section 1 of this Act. The balance of the amount paid pursuant to section 1(a)(2) shall be consolidated with the appropriation authorized by section 3 of this Act and shall be expended in accordance with the provisions of section 3.
Sec. 3. There is authorized to be appropriated the additional sum

Economic and social conditions, improvement.

of $1,968,750 which shall be deposited in the Treasury of the United States to the credit of the tribe and which shall draw interest on the principal at the rate of 4 per centum per annum until expended, for the purposes of developing individual and family plans, relocating, reestablishing, and providing other assistance designed to improve the economic and social conditions of enrolled members of the tribe on the date of enactment of this Act. The funds authorized by this section shall be expended in accordance with plans and programs approved by both the tribal council and the Secretary of the Interior: Provided, That $400,000 shall be allocated exclusively for industrial development on the reservation or within fifty miles of any exterior boundary of the reservation with preferential right of employment for members of the tribe. Nothing in this Act shall be construed to prevent cooperative action with the Crow Creek Sioux Tribe on industrial development or other programs: And provided further, That no part of such funds shall be used for per capita payments, or for the purchase of land by the tribe except for the purpose of resale to individual Indians in furtherance of the rehabilitation program authorized by this section, which resale is hereby authorized.
Sec. 4. The Secretary of the Army, out of funds appropriated for

Indian cemeteries, etc., relocation.

the Big Bend project other than funds provided by this Act, is authorized and directed to relocate and reestablish such Indian cemeteries, tribal monuments, and shrines within the taking area of the Big Bend project as the tribal council, with the approval of the Secretary of the Interior, shall select and designate: Provided, That reinterment of individual remains, but not entire cemeteries, outside the reservation boundaries is authorized if desired by the next of kin and approved by the tribal council, but in no event will reinterment be made to a site which exceeds the equivalent distance from the disinterment site to the farthest point at which reinterment could be made within the reservation boundaries.
Sec. 5. The Secretary of the Army is authorized and directed out

Government and agency facilities.

of funds appropriated for the Big Bend project other than funds provided by this Act to protect, replace, relocate, or reconstruct any existing essential governmental and agency facilities on the reservation, including schools, hospitals, Public Health Service and Bureau of Indian Affairs offices, facilities, service buildings, and employees’ quarters, roads, bridges, and incidental matters or facilities in con-76 Stat. 700section therewith, which the Secretary of the Interior determines will be impaired or required by reason of the Big Bend project: Provided, however, That the design criteria employed shall be reasonably comparable to that of the presently existing roads, bridges, and facilities.
Sec. 6.

New town, construction.

 The Secretary of the Army, under plans approved by the Secretary of the Interior after consultation with the Lower Brule Tribal Council, is authorized and directed, out of funds appropriated for the Big Bend project other than funds provided by this Act, to locate, lay out, and construct on tribal land on a site provided by the Lower Brule Sioux Council with the approval of the Secretary of the Interior a townsite for the new town of Lower Brule, including substitute and replacement streets, utilities, including water, sewerage, and electricity, taking into account the relocation and replacement or the governmental and agency facilities as provided for in section 5 of this Act and the reasonable future growth of the new town: Provided, however, That the design criteria employed shall be reasonably comparable to that of the existing town streets, utilities, and facilities. The tribal council is authorized, with the approval of the Secretary of the Interior (a) to convey, with or without compensation, tribal land, exclusive of minerals, for church or cemetery purposes for so long as the land is used for such purposes, and (b) to sell unimproved lots, exclusive of minerals, in the relocated town of Lower Brule at competitive sale to the highest qualified bidder but for not less than the appraised value, pursuant to such terms and conditions as the Secretary of the Interior may prescribe.
Sec. 7.

Mineral reservation.

 All minerals of any kind whatsoever, including oil and gas, but excluding gravel, in the lands taken by this Act are hereby reserved for the benefit of the tribe or individual Indian owners as their interests may appear. All right, title, and interest of the United States in such minerals in trust or restricted land heretofore acquired by the United States for the Big Bend project are hereby revested in the former owners. All such minerals in trust or restricted land hereafter acquired by the United States for the Big Bend project shall be reserved for the benefit of the owners as their interests may appear. Notwithstanding the foregoing provisions of this section the exploration and development of such minerals, including oil and gas, within the taking area shall be subject to all reasonable regulations of the Secretary of the Army necessary for the protection of the Big Bend project.
Sec. 8.

Vacating, effective date.

 Members of the Lower Brule Sioux Tribe now residing within the taking area of the Big Bend project shall have the right without charge to remain on and use the lands taken by this Act until required to vacate at such times as may be fixed by the Secretary of the Army, with the approval of the Secretary of the Interior: Provided, That the time for vacating in any event will not extend beyond July 1, 1963.
Sec. 9.

Timber, etc.

 Individual Indians and the tribe are authorized without charge to retain timber and improvements removed by them from their respective trust or restricted lands on the reservation acquired by this Act and heretofore acquired by the United States for the Big Bend project. Up to sixty days before the individual Indian landowners and the tribe are required to vacate the taking area in accordance with i his Act, they shall have the right, without charge, to cut and remove all timber and to salvage any improvements on their respective lands, but, if such rights are not exercised or are waived within the time prescribed, the tribe, through its tribal council, may exercise such lights: Provided, That the timber cut and the salvage permitted by this section shall not be construed to be compensation.
76 Stat. 701
Sec. 10. Subject to the right of the United States to occupy, use,

Grazing privileges.

 and control trust and restricted lands acquired by this Act and heretofore acquired in condemnation action civil numbered 335 for the construction, operation, and maintenance of the Big Bend Dam and Reservoir project pursuant to the Flood Control Act of 1944, approved December 22, 1944, and amendatory laws, as determined necessary by

33 USC 701–1 et seq.

 the Secretary of the Army adequately to serve said purposes, the Lower Brule Sioux Tribe shall be permitted, after the Big Bend Dam gates are closed and the waters of the Missouri River impounded, to graze stock without charge on such of the land described in this section as lies between the level of the reservoir and the taking line described in section 16 of this Act and as the Secretary of the Army determines is not devoted to other beneficial uses and to lease such land for grazing purposes to members or nonmembers of the tribe on such terms and conditions as the Secretary of the Interior may prescribe. The tribe ind members thereof shall have without cost the right of free access

Hunting and fishing rights.

 to the shoreline of the reservoir including the right, to hunt and fish in and on the aforesaid shoreline and reservoir, subject, however, to regulations governing the corresponding use by other citizens of the United States.
Sec. 11.

Notwithstanding any other provision of law, for the purposes

Purchase and sale of land.

of (1) providing substitute land for individual Indians who owned land within the taking area of the Fort Randall or Big Bend projects, (2) consolidating landholdings, and (3) eliminating fractionated heirship interests within the reservation, the Secretary of the Interior is authorized to purchase, with funds made available by such individual Indians or by the tribe, land or interests in land, and to sell tribal land upon request of the tribe, but no service charge shall tie made by the United States. The land selected by and purchased for individual Indians may be either inside or outside the boundaries of the reservation. Title to any land or interests in land acquired within the boundaries of the reservation shall be taken in the name of the United States in trust for the tribe or the individual Indian for whom the land is acquired, and title to any land or interests in land acquired outside the boundaries of the reservation shall be taken in the name of the individual for whom it is acquired: Provided, That title to lands outside the exterior boundaries of the reservation acquired by the tribe shall be taken in the name of the tribe subject to a restriction against alienation without the consent of the Secretary of the Interior, but shall not be exempt from taxation.

For the purposes of this section, the Secretary of the Interior is authorized

Partition or sale of individually owned lands.

to partition or sell individually owned lands in which all interests are held in trust or restricted status (1) upon the request of the owners of not less than a 25 per centum interest in such land where ten persons or more own or claim interests in the land, or (2) upon the request of the owners of not less than a 50 per centum interest in such land where fewer than ten persons own or claim interests in the land. For the purpose of this section, the Secretary of the Interior may represent any Indian owner who is a minor or who is under any other legal disability, and the Secretary, after first giving reasonable notice by publication of the proposed sale, is authorized to represent any Indian owner or claimant who cannot be located after reasonable and diligent search. Sales of all Indian trust or restricted interests in land shall be in accordance with the following procedure:

 (a) Upon receipt of requests from the required ownership interests,

Procedure

the Secretary shall notify the tribe and each owner of an undivided Indian interest in the land by a letter directed to his last known address that each such owner and the tribe has a right to purchase the land for its appraised value, unless one of the owners objects within 76 Stat. 702the time fixed by the Secretary, or for a lower price if all of the owners agree, and that if more than one owner or if one owner and the tribe wants to purchase the land it will be sold on the basis of sealed competitive bids restricted to the owners of undivided interests in the land and the tribe. (b) If no Indian owner of an undivided interest in the land elects to purchase the land within the time fixed by the Secretary, and the tribe owns no interest in the land, the Secretary shall offer to sell the land at its appraised value to the tribe, unless one of the Indian owners or his authorized representative objects within the time fixed by the Secretary to a sale to the tribe at the appraised value. (c) If any Indian owner or his authorized representative objects to a sale to the tribe at the appraised value, the Secretary shall offer the land for sale by sealed competitive bid with a preferential right in the tribe or any Indian owner to meet the high bid, unless one of the Indian owners or his authorized representative objects within the time fixed by the Secretary to the grant of such preferential right. All bids shall be rejected if no bid substantially equal to the appraised value is received. (d) If any Indian owner or his authorized representative objects to a sale by sealed competitive bid with a preferential right to meet the high bid, the Secretary shall offer the land for sale by sealed, bids with-out

Sale at auction.

such preferential right: Provided, That, if at any time before sealed bids are invited the tribe or one of the Indian owners asks that the land be sold at auction, then after notice to all interested parties, including the tribe, the land shall be sold at auction immediately after the opening of the sealed bids and auction bidding shall be limited to the Indian owners, the tribe, and persons who submitted sealed bids in amounts not less than 75 per centum of the appraised value of the land. The highest sealed bid shall be considered the opening auction bid. No sale shall be made unless the price is equal to the highest sealed bid and substantially equal to the appraised value. (e)

Power of attorney.

 The Secretary may, when he deems it in the best interests of the Indian owners, obtain a power of attorney from the owner of a non-Indian interest in the land to be sold authorizing the Secretary to sell and convey the interest of the non-Indian owner in accordance with any part of the procedure provided in this section.
Sec. 12.

Fees and expenses.

 The Secretary of the Treasury, upon certification by the Secretary of the Interior, shall reimburse the tribe for fees and expenses incurred in connection with the taking of Indian lands within the reservation for the Big Bend project: Provided, That such reimbursable fees and expenses shall not exceed in the aggregate, $75,000: Provided further, That attorney fees shall be paid under the terms of a contract approved by the Secretary of the Interior.
Sec. 13.

Notice of rejection.

 (a) Any individual Indian who has been duly tendered payment in accordance with the schedules prepared pursuant to section 2(b) of this Act, shall have the right to reject the sum tendered by filing a notice of rejection with the Chief of Engineers, United States Army, Washington, District of Columbia, or with the superintendent of the Pierre Indian Agency, Pierre, South Dakota, within one year from the date of enactment of this Act or within ninety days after the tender is made, whichever date is later. For the purpose of this section, the Secretary of the Interior and the tribe are authorized to represent any Indian entitled to payment who is a minor, or under any other legal disability, or who cannot be located after a reasonable and diligent search, and any person who is an undetermined heir or devisee of a deceased Indian. (b)

District court, jurisdiction.

 If the land of any Indian rejecting payment is included in condemnation proceedings heretofore instituted, the court in those proceedings shall proceed to determine the just compensation to which 76 Stat. 703the individual is entitled and, if the land is not included in such condemnation proceedings, jurisdiction is hereby conferred upon the United States District Court for the District of South DaKota to determine just compensation in accordance with procedures applicable to the determination of just compensation in condemnation proceedings. No court or statutory costs, but all other costs and expenses, including attorney’s fees, shall be at the contesting individual’s expense. Suit may be brought on behalf of any individual rejecting payment within one year after the date of the rejection. If a notice of rejection of the tender of payment is filed, at least 10 per centum of the tender deposited in the individual Indian money account shall be withheld from disbursement pending a final determination under this subsection.
Sec. 14. No part of any expenditure made by the United States under

Offset or counterclaims.

any of the provisions of this Act shall be charged by the United States as an offset or counterclaim against any tribal claim against the United States which has arisen prior to the date of enactment of this Act. The payment of Sioux benefits as provided for in section 17 of the Act of March 2, 1889 (25 Stat. 888), as amended, shall be continued under the

25 USC 474.

provisions of section 14 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), on the basis now in operation without regard to the loss of tribal land within the taking area for the Big Bend project.
Sec. 15. There is hereby authorized to be appropriated such amounts

Appropriation.

as may be necessary for the purposes of this Act.
Sec. 16. The land taken by section 1 of this Act, embracing approximately

Legal land descriptions.

14,299.03 acres, and the land heretofore acquired in condemnation proceedings by civil numbered 335, embracing approximately 310.00 acres, are the lands identified and delimited on a map entitled, “A map delimiting tribal and individual Indian trust and restricted land of the Lower Brule Sioux Reservation acquired by the United States for the Big Bend Dam and Reservoir project for the sum of $825,000”. Legal descriptions of the lands shown therein shall be prepared by the Secretary of the Army and attached thereto. The map and descriptions shall be prepared oy the Secretary of the Army and shall be filed among the land records of the Bureau of Indian Affairs in Washington, District of Columbia, and a duplicate original filed and maintained at the agency in Pierre, South Dakota. A true and correct copy of the map and descriptions shall be furnished without cost to the tribe. The Secretary of the Army shall prepare and furnish the Secretary of the Interior and the tribe tract by tract legal descriptions of trust and restricted land acquired by this Act within two years of enactment of this Act: Provided, That within ninety days after notice of rejection is filed pursuant to subsection 13(a) the Secretary of the Army shall furnish to the individual Indian and to the Superintendent of the Pierre Indian Agency a legal description of the lands covered by the rejection.
Sec. 17. All funds authorized by this Act paid to the tribe and individual

Tax exemption.

Indians shall be exempt from all forms of State and Federal taxation.
Sec. 18. The Secretary of the Army is authorized and directed to pay

Lessee or permittee, reimbursement.

to any bona fide lessee or permittee owning improvements situated on Indian tribal land the fair value, as determined by the Secretary, or by a court of competent jurisdiction, of any such improvements which will be rendered inoperative or be otherwise adversely affected by the construction of the Big Bend Dam and Reservior project.
Approved October 3, 1962.
Public Law 87–735: To provide tor the acquisition of and the payment for individual Indian and tribal lands of the Crow Creek Sioux Reservation in South Dakota, required by the United States for the Big Bend Dam and Reservoir project on the Missouri River, and for the rehabilitation, social, and economic development of the members of the tribe, and for other purposes. Public Law 735 Public Law 87–735 76 Stat. 704 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 704 Public Law 87–735
AN ACT To provide tor the acquisition of and the payment for individual Indian and tribal lands of the Crow Creek Sioux Reservation in South Dakota, required by the United States for the Big Bend Dam and Reservoir project on the Missouri River, and for the rehabilitation, social, and economic development of the members of the tribe, and for other purposes.

October 3, 1962

[H. R. 5165]

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

Crow Creek Sioux Reservation, S. Dak.

Land acquisition for Big Bend Dam and Reservoir project.

33 USC 701–1 et seq.
That in furtherance of the Big Bend Dam and Reservoir project authorized by the Flood Control Act of December 22, 1944 (58 Stat. 887, 891)— (a) The entire interest, including gravel but excluding the interest in oil, gas, and all other minerals of any nature whatsoever, in approximately 6,283.57 acres of land within the taking area described in this Act in the Crow Creek Sioux Reservation in South Dakota, in which the Crow Creek Sioux Tribe or individual Indians have a trust or restricted interest, and any interest the tribe or Indians may have within the bed of the Missouri River so far as it is within the boundaries of the reservation are hereby taken by the United States for the Big Bend Dam and Reservoir project on the Missouri River, and in consideration thereof and for 132.61 acres of trust or restricted lands heretofore acquired by the United States in condemnation proceedings for the Big Bend project the United States will pay to the tribe and the individual Indian owners, out of funds available for the Big Bend Dam and Reservoir project— (1) a sum aggregating $355,000 to be disbursed in accordance with the provisions of schedules prepared pursuant to section 2(b) of this Act; and (2) the amount of $209,302, which shall be in settlement of all claims, rights, and demands of the tribe and individual Indians arising out of the taking under this Act, to be disbursed in accordance with the provisions of section 2 hereof. (b) Upon a determination by the Secretary of the Army, within two years from the date of enactment of this Act, filed among the appropriate land records of the Department of the Interior, that any or the lands described in this Act are not required for Big Bend project purposes, title to such land shall be revested in the former owner.
Sec. 2.

Compensation.

 (a) The payments authorized by section 1 of this Act, less the amounts heretofore deposited by the United States in the case entitled United States of America, Plaintiff, against 867.50 acres of land, etc., and Crow Creek Tribe of Sioux Indians et al., Defendants, civil numbered 335, filed in the United States District Court for the District of South Dakota, for trust property acquired in the taking area described in this Act, shall be deposited to the credit of the tribe in the Treasury of the United States and shall draw interest on the principal at the rate of 4 per centum per annum until expended: Provided, That there shall not be deducted from the payments authorized by section 1 of this Act amounts deposited as compensation in the aforesaid case for improvements located on lands not owned by the individual Indian owner of the improvements. (b)

Schedules.

 The amount paid pursuant to section 1(a)(1) of this Act shall be allocated in accordance with Indian ownership schedules prepared by the Secretary of the Interior, after consultation with the Crow Creek Tribal Council to correct known errors and to insure fair and equitable allocation. These schedules shall reflect the amount agreed upon by the Secretary of the Army and the Secretary of the Interior as the basis for negotiation, after appropriate acreage adjustments, increased by a uniform percentage to equal the amount paid. The 76 Stat. 705amounts allocated for payment of property owned by individual Indians shall be credited to their respective individual Indian money accounts. No part of the compensation provided for in section 1 shall be subject to any lien, debt, or claim of any nature whatsoever against the tribe or the individual Indian owners entitled to the compensation, except delinquent debts owed to the United States by the tribe, or delinquent debts owed to the tribe or to the United States by the individual Indians entitled to the compensation: Provided, That such compensation shall not be applied to the payment of such delinquent debts unless the Secretary of the Interior first determines and certifies that no hardship will result from the payment of such delinquent debts. (c) The tribal council with the approval of the Secretary of the Interior shall make available from the funds authorized by section 1(a)(2) of this Act not to exceed $77,550, to pay the expenses, costs, losses, and damages incurred by members of the tribe as a direct result of moving themselves and their possessions, including dwellings and other buildings owned by the individual members, on account of the acquisition referred to in section 1 of this Act. The balance of the amount paid pursuant to section 1(a)(2) shall be consolidated with the appropriation authorized by section 3 of this Act and shall be expended in accordance with the provisions of section 3.
Sec. 3. There is authorized to be appropriated the additional sum

Economic and social conditions, improvement.

of $3,802,500 which shall be deposited in the Treasury of the United States to the credit of the tribe and which shall draw interest on the principal at the rate of 4 per centum per annum until expended, for the purposes of developing individual and family plans, relocating, reestablishing, and providing other assistance designed to improve the economic and social conditions of enrolled members of the tribe on the date of enactment of this Act. The funds authorized by this section shall be expended in accordance with plans and programs approved by both the tribal council and the Secretary of the Interior: Provided, That $400,000 shall be allocated exclusively for industrial development on the reservation or within fifty miles of any exterior boundary of the reservation with preferential right of employment for members of the tribe. Nothing in this Act shall be construed to prevent cooperative action with the Lower Brule Sioux Tribe on industrial development or other programs: And provided further, That no part of such funds shall be used for per capita payments, or for the purchase of land by the tribe except for the purpose of resale to individual Indians in furtherance of the rehabilitation program authorized by this section, which resale is hereby authorized.
Sec. 4. The Secretary of the Army, out of funds appropriated for

Indian cemeteries, etc., relocation.

the Big Bend project other than funds provided by this Act, is authorized and directed to relocate and reestablish such Indian cemeteries, tribal monuments, and shrines within the taking area of the Big Bend project as the tribal council, with the approval of the Secretary of the Interior, shall select and designate: Provided, That reinterment of individual remains, but not entire cemeteries, outside the reservation boundaries is authorized if desired by the next of kin and approved by the tribal council, but in no event will reinterment be made to a site which exceeds the equivalent distance from the disinterment site to the farthest point at which reinterment could be made within the reservation boundaries.
Sec. 5. The Secretary of the Army is authorized and directed out of

Government and agency facilities.

funds appropriated for the Big Bend project other than funds provided by this Act to protect, replace, relocate, or reconstruct any existing essential governmental and agency facilities on the reservation, including schools, hospitals, Public Health Service and Bureau 76 Stat. 706of Indian Affairs offices, facilities, service buildings, and employees’ quarters, roads, bridges, and incidental matters or facilities in connection therewith, which the Secretary of the Interior determines will be impaired or required by reason of the Big Bend project: Provided, however, That the design criteria employed shall be reasonably comparable to that of the presently existing roads, bridges, and facilities.
Sec. 6.

Townsite, construction.

The Secretary of the Army, under plans approved by the Secretary of the Interior after consultation with the Crow Creek Tribal Council, is authorized and directed out of funds appropriated for the Big Bend project other than funds provided by this Act, to locate and construct on tribal land selected by the Crow Creek Tribal Council with the approval of the Secretary of the Interior, a townsite adequate for fifty homes, including streets, utilities, including water, sewage, and electricity, taking into account the reasonable future growth of the townsite, a community center containing space and facilities for community gatherings, tribal offices, tribal council chamber, Bureau of Indian Affairs and Public Health Service offices and quarters and a combination gymnasium and auditorium: Provided, That not to exceed $350,000 snail be withdrawn from funds of the tribe authorized under section 3 of this Act, and transferred to funds available for the Big Bend Dam and Reservoir project upon request of the Secretary of the Army after completion of the work.

The tribal council is authorized with the approval of the Secretary of the Interior (a) to convey, with or without compensation, tribal land, exclusive of minerals, for church or cemetery purposes for so long as the land is used for such purposes, and (b) to sell unimproved lots in the townsite, exclusive of minerals, at competitive sale to the highest qualified bidder but for not less than the appraised value, pursuant to such terms and conditions as the Secretary may prescribe.
Sec. 7.

Mineral reservation.

 All minerals of any kind whatsoever, including oil and gas, but excluding gravel, in the lands taken by this Act are hereby reserved for the benefit of the tribe or individual Indian owners as their interests may appear. All right, title, and interest of the United States in such minerals in trust or restricted land heretofore acquired by the United States for the Big Bend project, are hereby revested in the former owners. All such minerals in trust or restricted land hereafter acquired by the United States for the Big Bend project shall be reserved for the benefit of the owners as their interests may appear. Notwithstanding the foregoing provisions of this section the exploration and development of such minerals, including oil and gas, within the taking area shall be subject to all reasonable regulations of the Secretary of the Army necessary for the protection of the Big Bend project.
Sec. 8.

Vacating, effective date.

 Members of the Crow Creek Sioux Tribe now residing within the taking area of the Big Bend project shall have the right without charge to remain on and use the lands taken by this Act until required to vacate at such times as may be fixed by the Secretary of the Army, with the approval of the Secretary of the Interior: Provided, That the time for vacating in any event will not extend beyond July 1, 1963.
Sec. 9.

Timber, etc.

 Individual Indians and. the tribe are authorized without charge to retain timber and improvements removed by them from their respective trust or restricted lands on the reservation acquired by this Act and heretofore acquired by the United States for the Big Bend project. Up to sixty days before the individual Indian land-owners and the tribe are required to vacate the taking area in accordance with this Act, they shall have the right, without charge, to cut and remove all timber and to salvage any improvements on their respective lands but, if such rights are not exercised or are waived 76 Stat. 707within the time prescribed, the tribe, through its tribal council, may exercise such rights: Provided, That the timber cut and the salvage permitted by this section shall not be construed to be compensation.
Sec. 10. Subject to the right of the United States to occupy, use, and

Grazing privileges.

control trust and restricted lands acquired by this Act and heretofore acquired in condemnation action civil numbered 335 for the construction, operation, and maintenance of the Big Bend Dam and Reservoir project pursuant to the Flood Control Act of 1944, approved December 22, 1944, and amendatory laws, as determined necessary by the Secretary

33 USC 701–1 et seq.

of the Army adequately to serve said purposes, the Crow Creek Sioux Tribe shall be permitted, after the Big Bend Dam gates are closed and the waters of the Missouri River impounded, to graze stock without charge on such of the land described in this section as lies between the level of the reservoir and the taking line described in section 16 of this Act and as the Secretary of the Army determines is not devoted to other beneficial uses and to lease such land for grazing purposes to members or nonmembers of the tribe on such terms and conditions as the Secretary of the Interior may prescribe. The tribe and members thereof shall have without cost the right of free

Hunting and fishing rights.

access to the shoreline of the reservoir including the right to hunt and fish in and on the aforesaid shoreline and reservoir, subject, however, to regulations governing the corresponding use by other citizens of the United States.
Sec. 11.

Notwithstanding any other provision of law, for the purposes

Purchase and sale of land.

of (1) providing substitute land for individual Indians who owned land within the taking area of the Fort Randall or Big Bend projects, (2) consolidating land holdings, and (3) eliminating fractionated heirship interests within the reservation, the Secretary of the Interior is authorized to purchase, with funds made available by such individual Indians or by the tribe, land or interests in land, and to sell tribal land upon request of the tribe, but no service charge shall be made by the United States. The land selected by and purchased for individual Indians may be either inside or outside the boundaries of the reservation. Title to any land or interests in land acquired within the boundaries of the reservation shall be taken in the name of the United States in trust for the tribe or the individual Indian for whom the land is acquired, and title to any land or interests in land acquired outside the boundaries of the reservation shall be taken in the name of the individual for whom it is acquired: Provided, That title to lands outside the exterior boundaries of the reservation acquired by the tribe shall be taken in the name of the tribe subject to a restriction against alienation without the consent of the Secretary of the Interior, but shall not be exempt from taxation.

For the purposes of this section, but without limiting the authority

Partition or sale of Individually owned lands.

25 USC 151, 372.

contained in the Act of June 25, 1910 (36 Stat. 855), as amended, the Secretary of the Interior is authorized to partition or sell individually owned lands in which all interests are held in trust or restricted status (1) upon the request of the owners of not less than a 25 per centum interest in such land where ten persons or more own or claim interests in the land, or (2) upon the request of the owners of not less than a 50 per centum interest in such land where fewer than ten persons own or claim interests in the land. For the purpose of this section, the Secretary of the Interior may represent any Indian owner who is a minor or who is under any other legal disability, and the Secretary, after first giving reasonable notice by publication of the proposed sale, is authorized to represent any Indian owner or claimant who cannot be located after reasonable and diligent search. Sales of all Indian trust or restricted interests in land shall be in accordance with the following procedure:

 76 Stat. 708 (a)

Procedure.

 Upon receipt of requests from the required ownership interests, the Secretary shall notify the tribe and each owner of an undivided Indian interest in the land by a letter directed to his last known address that each such owner and the tribe has a right to purchase the land for its appraised value, unless one of the owners objects within the time fixed by the Secretary, or for a lower price if all of the owners agree, and that if more than one owner or if one owner and the tribe wants to purchase the land it will be sold on the basis of sealed competitive bids restricted to the owners of undivided interests in the land and the tribe. (b) If no Indian owner of an undivided interest in the land elects to purchase the land within the time fixed by the Secretary, and the tribe owns no interest in the land, the Secretary shall offer to sell the land at its appraised value to the tribe, unless one of the Indian owners or his authorized representative objects within the time fixed by the Secretary to a sale to the tribe at the appraised value. (c) if any Indian owner or his authorized representative objects to a sale to the tribe at the appraised value, the Secretary shall offer the land for sale by sealed competitive bid with a preferential right in the tribe or any Indian owner to meet the high bid, unless one of the Indian owners or his authorized representative objects within the time fixed by the Secretary to the grant of such preferential right. All bids shall be rejected if no bid substantially equal to the appraised value is received. (d) If any Indian owner or his authorized representative objects to a sale by sealed competitive bid with a preferential right to meet the high bid, the Secretary shall offer the land for sale by sealed bids

Sale at auction.

without such preferential right: Provided, That, if at any time before sealed bids are invited the tribe or one of the Indian owners asks that the land be sold at auction, then after notice to all interested parties including the tribe, the land shall be sold at auction immediately after the opening of the sealed bids and auction bidding shall be limited to the Indian owners, the tribe, and persons who submitted sealed bids in amounts not less than 75 per centum of the appraised value of the land. The highest sealed bid shall be considered the opening auction bid. No sale shall be made unless the price is equal to the highest sealed bid and substantially equal to the appraised value. (e)

Power of attorney.

 The Secretary may, when he deems it in the best interests of the Indian owners, obtain a power of attorney from the owner of a non-Indian interest in the land to be sold authorizing the Secretary to sell and convey the interest, of the non-Indian owner in accordance with any part of the procedure provided in this section.
Sec. 12.

Fees and expenses.

 The Secretary of the Treasury, upon certification by the Secretary of the Interior, shall reimburse the tribe for fees and expenses incurred in connection with the taking of Indian lands within the reservation for the Big Bend project: Provided, That such reimbursable fees and expenses shall not exceed in the aggregate $75,000: Provided further, That attorney fees shall be paid under the terms of a contract approved by the Secretary of the Interior.
Sec. 13.

Notice of rejection.

 (a) Any individual Indian who has been duly tendered payment in accordance with the schedules prepared pursuant to section 2(b) of this Act, shall have the right to reject the sum tendered by filing a notice of rejection with the Chief of Engineers, United States Army, Washington, District of Columbia, or with the superintendent of the Pierre Indian Agency, Pierre, South Dakota, within one year from the date of enactment of this Act or within ninety days after the tender is made, whichever date is later. For the purpose of this section, the Secretary of the Interior and the tribe are authorized to represent any Indian entitled to payment who is a minor, or under 76 Stat. 709any other legal disability, or who cannot be located after a reasonable and diligent search, and any person who is an undetermined heir or devisee of a deceased Indian. (b) If the land of any Indian rejecting payment is included in

District court, jurisdiction.

condemnation proceedings heretofore instituted, the court in those proceedings shall proceed to determine the just compensation to which the individual is entitled and if the land is not included in such condemnation proceedings, jurisdiction is hereby conferred upon the United States District Court for the District of South Dakota to determine just compensation in accordance with procedures applicable to the determination of just compensation in condemnation proceedings. No court or statutory costs but all other costs and expenses including attorney’s fees shall be at the contesting individual’s expense. Suit may be brought on behalf of any individual rejecting payment within one year after the date of the rejection. If a notice of rejection of the tender of payment is filed, at least 10 per centum of the tender deposited in the individual Indian money account shall be withheld from disbursement pending a final determination under this subsection.
Sec. 14. No part of any expenditure made by the United States

Offset or counterclaims.

 under any of the provisions of this Act shall be charged by the United States as an offset or counterclaim against any tribal claim against the United States which has arisen prior to the date of enactment of this Act The payment of Sioux benefits as provided for in section 17 of the Act. of March 2, 1889 (25 Stat. 888), as amended, shall be continued under the provisions of section 14 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), on the basis now in operation

25 USC 474.

without regard to the loss of tribal land within the taking area for the Big Bend project.
Sec. 15. There are hereby authorized to be appropriated such

Appropriation.

amounts as may be necessary for the purposes of this Act.
Sec. 16. The land taken by section 1 of this Act, embracing approximately

Legal land descriptions.

6,283.57 acres, and the land heretofore acquired in condemnation proceedings by civil numbered 335, embracing approximately 132.61 acres/are the lands identified and delimited on a map entitled, “A map delimiting tribal and individual Indian trust and restricted land or the Crow Creek Sioux Reservation acquired by the United States for the Big Bend Dam and Reservoir project for the sum of $355,000”. Legal descriptions of the lands shown therein shall be prepared by the Secretary of the Army and attached thereto. The map and descriptions shall be prepared by the Secretary of the Army and shall be filed among the land records of the Bureau of Indian Affairs in Washington, District of Columbia, and a duplicate original filed and maintained at the agency in Pierre, South Dakota. A true and correct copy of the map and descriptions shall be furnished without cost to the tribe. The Secretary of the Army shall prepare and furnish the Secretary of the Interior and the tribe tract by tract legal descriptions of trust and restricted land acquired by this Act within two years of enactment of this Act: Provided, That within ninety days after notice of rejection is filed pursuant to subsection 13(a) the Secretary of the Army shall furnish to the individual Indian and to the Superintendent of the Pierre Indian Agency a legal description of the lands covered by the rejection.
Sec. 17. All funds authorized by this Act paid to the tribe and individual

Tax exemption.

Indians shall be exempt from all forms of State and Federal taxation.
76 Stat. 710
Sec. 18.

Leasee or permittee, reimbursement.

 The Secretary of the Army is authorized and directed to pay to any bona fide lessee or permittee owning improvements situated on Indian tribal land the fair value, as determined by the Secretary, or by a court of competent jurisdiction, of any such improvements which will be rendered inoperative or be otherwise adversely affected by the construction of the Big Bend Dam and Reservoir project.
Approved October 3, 1962.
Public Law 87–736: To authorize the President to order units and members in the Ready Reserve to active duty for not more than twelve months, and for other purposes. Public Law 736 Public Law 87–736 76 Stat. 710 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–736
JOINT RESOLUTION To authorize the President to order units and members in the Ready Reserve to active duty for not more than twelve months, and for other purposes.

October 3, 1962

[S. J. Res. 224]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Armed Forces.

Ready Reserve, active duty.
That, notwithstanding any other provision of law, until February 28, 1963, the President may, without the consent of the persons concerned, order any unit, or any member, of the Ready Reserve of an armed force to active duty for not more than twelve consecutive months. However, not more than one hundred and fifty thousand members of the Ready Reserve may be on active duty (other than for training), without their consent, under this section at any one time.
Sec. 2.

Extension of military service.

 Notwithstanding any other provision of law, until February 28, 1963, the President may authorize the Secretary of Defense to extend enlistments, appointments, periods of active duty, periods of active duty for training, periods of obligated service or other military status, in any component of an armed force or in the National Guard that expire before February 28, 1963, for not more than twelve months. However, if the enlistment of a member of the Ready Reserve who is ordered to active duty under the first content this Act would expire after February 28, 1963, but before he has served the entire period for which he was so ordered to active duty, his enlistment may be extended until the last day of that period.
Sec. 3. No member of the Ready Reserve who was involuntarily ordered to active duty or whose period of active duty was extended

10 USC 263 note.

under the Act of August 1, 1961, Public Law 87–117 (75 Stat. 242), may be involuntarily ordered to active duty under this Act.
Approved October 3, 1962.
Public Law 87–737: To amend the District of Columbia Traffic Act, 1925, as amended, to increase the fee charged for learners’ permits. Public Law 737 Public Law 87–737 76 Stat. 710 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–737
AN ACT To amend the District of Columbia Traffic Act, 1925, as amended, to increase the fee charged for learners’ permits.

October 3, 1962

[S. 1291]

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

D. C. Traffic Act, 1925, amendment.
That subsection (a)(2) of section 7 of the District of Columbia Traffic Act, 1925 (43 Stat. 1121), as amended (62 Stat. 173; 68 Stat. 732; sec. 40–301(a)(2), District of Columbia Code, 1951 edition), be amended by striking “$1” and inserting in lieu thereof “$2”.
Approved October 3, 1962.
Public Law 87–738: To amend sections 1 and 5b of chapter V of the Life Insurance Act for the District of Columbia. Public Law 738 Public Law 87–738 76 Stat. 711 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 711 Public Law 87–738
AN ACT To amend sections 1 and 5b of chapter V of the Life Insurance Act for the District of Columbia.

October 3, 1962

[H. R. 8738]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That paragraph (1)

Life Insurance Act, D. C. Amendment.

62 Stat. 28.

of subsection (c) of section 1 of chapter V of the Life Insurance Act (D.C. Code, sec. 35–701 (c)(1)) is amended to read as follows: “(1) The minimum standard for the valuation of all such policies and contracts shall be the Commissioners reserve evaluation method defined in paragraph (2), 3½ per centum interest, and the following tables: “(i) For all ordinary policies of life insurance issued on the

Mortality tables.

standard basis, excluding any disability and accidental death benefits in such policies, the Commissioners 1941 Standard Ordinary Mortality Table for such policies issued prior to the operative date of the next to the last paragraph of section 5b (d) of

62 Stat. 32.

this chapter, and the Commissioners 1958 Standard Ordinary Mortality Table for such policies issued on or after such operative date; provided that for any category of such policies issued on female risks all modified net premiums and present values

Female risks.

referred to in this section may be calculated according to an age not more than three years younger than the actual age of the insured. “(ii) For all industrial life insurance policies issued on the

Industrial policies.

standard basis, excluding any disability and accidental death benefits in such policies, the 1941 Standard Industrial Mortality Table for such policies issued prior to the operative date of the last paragraph of section 5b(d) of this chapter, and the Commissioners 1961 Standard Industrial Mortality Table for such policies issued on or after such operative date. “(iii) For individual annuity and pure endowment contracts,

Annuity and endowment contracts.

excluding any disability and accidental death benefits in such policies, the 1937 Standard Annuity Mortality Table or, at the option of the company, the Annuity Mortality Table for 1949, Ultimate, or any modification of either of these tables approved by the Superintendent. “(iv) For group annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the Group Annuity Mortality Table for 1951, any modification of such table approved by the Superintendent, or, at the option of the company, any of the tables or modifications of tables specified for individual annuity and pure endowment contracts. “(v) For total and permanent disability benefits in or supplementary

Disability benefits.

to ordinary policies or contracts, for policies or contracts issued on or after January 1, 1966. the tables of period 2 disablement rates and the 1930 to 1950 termination rates of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit; for policies or contracts issued on or after January 1, 1961, and prior to January 1, 1966, either such tables or, at the option of the company, the Class (3) Disability Table (1926); and for policies issued prior to January 1, 1961, the Class (3) Disability Table, (1926). Any such table shall, for active lives, be combined with a mortality table permitted for calculating the reserves for life insurance policies. “(vi) For accidental death benefits in or supplementary to

Accidental death benefits.

policies, for policies issued on or after January 1, 1966, the 1959 Accidental Death Benefits Table; for policies issued on or after 76 Stat. 712January 1, 1961, and prior to January 1, 1966, either such table or, at the option of the company, the Intercompany Double Indemnity Mortality Table; and for policies issued prior to January 1, 1961, the Intercompany Double Indemnity Mortality Table. Either table shall be combined with a mortality table permitted for calculating the reserves for life insurance policies. “(vii)

Group life insurance.

 For group life insurance, life insurance issued on the substandard basis and other special benefits, such tables as may be approved by the Superintendent.”
Sec. 2. Subsections (d), (e), and (g) of section 5b of chapter V of the Life Insurance Act (D.C. Code, sec. 35–705b(d)) are amended to

74 Stat. 227; 62 Stat. 33.

read as follows: “(d)

Uniform percentage.

Except as provided in the third paragraph of this subsection, the adjusted premiums for any policy referred to in subsection (a) shall be calculated on an annual oasis and shall be such uniform percentage of the respective premiums specified in the policy for each policy year, excluding any extra premiums charged because of impairments or special hazards, that the present value, at the date of issue of the policy, of all such adjusted premiums shall be equal to the sum of (i) the then present value of the future guaranteed benefits provided for by the policy; (ii) 2 per centum of the amount of insurance, if the insurance be uniform in amount, or of the equivalent uniform amount, as hereinafter defined, if the amount of insurance varies with duration of the policy; (iii) 40 per centum of the adjusted premium for the first policy year; (iv) 25 per centum of either the adjusted premium for the first policy year or the adjusted premium for a whole life policy of the same uniform or equivalent uniform amount with uniform premiums for the whole of life issued at the same age for the same amount of insurance, whichever is less: Provided, however, That in applying the percentages specified in (iii) and (iv) above, no adjusted premium shall be deemed to exceed 4 per centum of the amount of insurance or uniform amount equivalent thereto.

Juvenile policies.

“In the case of a policy providing an amount of insurance varying with duration of the policy, the equivalent uniform amount thereof for the purpose of this subsection shall be deemed to be the uniform amount of insurance provided by an otherwise similar policy, containing the same endowment benefit or benefits, if any, issued at the same age and for the same term, the amount of which does not vary with duration and the benefits under which have the same present value at the date of issue as the benefits under the policy: Provided, however, That in the case of a policy providing a varying amount of insurance issued on the life of a child under age ten, the equivalent uniform amount may be computed as though the amount of insurance provided by the policy prior to the attainment of age ten were the amount provided by such policy at age ten.

Term riders.

“The adjusted premiums for any policy providing term insurance benefits by rider or supplemental policy provision shall be equal to (a) the adjusted premiums for an otherwise similar policy issued at the same age without such term insurance benefits, increased, during the period for which premiums for such term insurance benefits are payable, by (b) the adjusted premiums for such term insurance, the foregoing items (a) and (b) being calculated separately and as specified in the first two paragraphs of this subsection except that, for the purposes of (ii), (iii), and (iv) of the first such paragraph, the amount of insurance or equivalent uniform amount of insurance used in the calculation of the adjusted premiums referred to in (b) shall be equal to the excess of the corresponding amount determined for the entire policy over the amount used in the calculation of the adjusted premiums in (a).

76 Stat. 713

“Except as otherwise provided in the next succeeding paragraphs

Adjusted premiums, calculations.

of this subsection, all adjusted premiums and present values referred to in this section shall for all policies of ordinary insurance be calculated on the basis of the Commissioners 1941 Standard Ordinary Mortality Table: Provided, That for any category of ordinary insurance issued on female risks, adjusted premiums and present values may be calculated according to an age not more than three years younger than the actual age of the insured, and such calculations for all policies of industrial insurance shall be made on the basis of the 1941 Standard Industrial Mortality Table. All calculations shall be made on the basis of the rate of interest, not exceeding 31/2 per centum per annum, specified in the policy for calculating cash surrender values, if any, and paid-up nonforfeiture benefits: Provided, however, That in calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than 130 per centum of the rates of mortality according to such applicable table: Provided further, That for insurance issued on a substandard basis, the calculation of any such adjusted premiums and present values may be based on such other table of mortality as may b specified by the company and approved by the Superintendent.

“In the case of ordinary policies issued on or after the operative date of this paragraph as defined herein, all adjusted premiums and present values referred to in this section shall be calculated on the basis of the Commissioners 1958 Standard Ordinary Mortality Table and the rate of interest, not exceeding 3½ per centum per annum, specified in the policy for calculating cash surrender values, if any, and paid-up nonforfeiture benefits: Provided, That for any category of ordinary insurance issued on female risks, adjusted premiums and present values may be calculated according to an age not more than three years younger than the actual age of the insured: Provided, however, That m calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, ottered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioners 1958 Extended Term Insurance Table: Provided further, That for insurance issued on a substandard basis, the calculation of any such adjusted premiums and present values may be based on such other table of mortality as may be specified by the company and approved by the Superintendent. After the effective date of the

74 Stat. 227.

amendatory Act of 1960, any company may file with the Superintendent a written notice of its election to comply with the provisions of this paragraph after a specified date before January first, nineteen hundred and sixty-six. After the filing of such notice, then upon such specified date (which shall be the operative date of this paragraph for such company), this paragraph shall become operative with respect to the ordinary policies thereafter issued by such company. If a

Operative date.

company makes no such election, the operative date of this paragraph for such company shall be January first, nineteen hundred and sixty-six.

76 Stat. 714

Industrial policies.

“In the ease of industrial policies issued on or after the operative date of this paragraph as denned herein, all adjusted premiums and present values referred to in this section shall be calculated on the basis of the Commissioners 1961 Standard Industrial Mortality Table and the rate of interest, not exceeding 3% per centum per annum, specified in the policy for calculating cash surrender values, if any, and paid-up nonforfeiture benefits: Provided, however, That in calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioners 1961 Industrial Extended Term Insurance Table: Provided further, That for insurance issued on a substandard basis, the calculation of any such adjusted premiums and present values may be based on such other table of mortality as may be specified by the company and approved by the Superintendent. After the effective date of this amendatory Act of 1962, any company may file with the Superintendent a written notice of its election to comply with the provisions of this paragraph after a specified date before January first, nineteen hundred and sixty-eight. After the filing of such notice, then upon such specified date (which shall be the operative date of this paragraph for such company), this paragraph shall become operative with respect to the industrial policies thereafter issued

Operative date.

by such company. If a company makes no such election, the operative date of this paragraph for such company shall be January first, nineteen hundred and sixty-eight.

 “(e)

Cash surrender value.

 Any cash surrender value and any paid-up nonforfeiture benefit, available under any such policy in the event of default in the payment of any premium due at any time other than on the policy anniversary, shall be calculated with allowance for the lapse of time and the payment of fractional premiums beyond the last preceding policy anniversary. All values referred to m subsections (b), (c), and (d) may be calculated upon the assumption that any death benefit is payable at the end of the policy or contract year of death. The net value of any paid-up additions, other than paid-up term additions, shall be not less than the dividends used to provide such additions. Notwithstanding the provisions of subsection (b), additional benefits payable (i) in the event of death or dismemberment by accident or accidental means, (ii) in the event of total and permanent disability,, (iii) as reversionary annuity or deferred reversionary annuity benefits, (iv) as term insurance benefits provided by a rider or supplemental policy provision to which, if issued as a separate policy, this section would not apply, (v) as term insurance on the life of a child or on the lives of children provided in a policy on the life of a parent of the child, if such term insurance expires before the child’s age is twenty-six, is uniform in amount after the child’s age is one, and has not become paid up by reason of the death of a parent of the child, and (vi) as other policy benefits additional to life insurance and endowment benefits and premiums for all such additional benefits, shall be disregarded in ascertaining cash surrender values and nonforfeiture benefits required by this section, and no such additional lienefits shall be required to be included in any paid-up nonforfeiture benefits. 76 Stat. 715 “(g) After February 19, 1948, any company may file with the Superintendent a written notice of its election to comply with the provisions of this section after a specified date before January 1, 1950. After the filing of such notice, then upon such specified date (which shall be the operative date for such company), this section shall become operative with respect to the policies and contracts thereafter issued by such company. If a company makes no such election, the

Operative date.

operative date of this section for such company shall be January 1, 1950: Provided, however, That the operative date of the last two paragraphs of subsection (d) shall be as stated therein.”
Approved October 3, 1962.
Public Law 87–739: To permit investment of funds of insurance companies organized within the District of Columbia in obligations of the Inter-American Development Bank. Public Law 739 Public Law 87–739 76 Stat. 715 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–739
AN ACT To permit investment of funds of insurance companies organized within the District of Columbia in obligations of the Inter-American Development Bank.

October 3, 1962

[S. 3358]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 35(1)

D. C.

Insurance company funds, investment.

68 Stat. 494.

of chapter III of the Act of June 19, 1934 (48 Stat. 1152, as amended; D.C. Code, title 35, sec. 535 (1)), is amended to read as follows: “(1) Bonds, notes, or other evidences of indebtedness of the United States, any State, territory, or possession of the United States, the District or Columbia, the Dominion of Canada, any Province of the Dominion of Canada, or of any administration, agency, authority, or instrumentality of any of the political units enumerated; or obligations issued or guaranteed as to principal and interest by the International Bank for Reconstruction and Development or by the Inter-American Development Bank.”
Sec. 2. Section 18(1) of chapter II of the Act of October 9, 1940 (54 Stat. 1072; D.C. Code, title 35, sec. 1321(1)), is amended to read

68 Stat. 494.

as follows “(1) Bonds or other evidences of indebtedness of the United States,

Fire casualty, etc.

 or of any State; or of the Dominion of Canada, or of any Province thereof; or obligations issued or guaranteed as to principal and interest by the International Bank for Reconstruction and Development or by the Inter-American Development Bank”.
Approved October 3, 1962.
Public Law 87–740: To amend the Life Insurance Act of the District of Columbia. Public Law 740 Public Law 87–740 76 Stat. 715 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–740
AN ACT To amend the Life Insurance Act of the District of Columbia.

October 3, 1962

[S. 2977]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That clause (a)

Life Insurance Act, D. C.

Amendment.

Group policies, exemptions.

64 Stat. 333.

of the proviso in the first sentence of section 11 of chapter V of the Life Insurance Act, as amended (D.C. Code 35–711), is amended to read as follows: “(a) That provisions (6) to (10), inclusive, shall not apply to policies issued to a creditor to insure debtors of such creditor, or to policies issued pursuant to section 10(8) of this chapter;”.
Approved October 3, 1962.
Public Law 87–741: Making appropriations for sundry independent executive bureaus, boards, commissions, corporations, agencies, and offices, for the fiscal year ending June 30, 1963, and for other purposes. Public Law 741 Public Law 87–741 76 Stat. 716 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 716 Public Law 87–741
AN ACT Making appropriations for sundry independent executive bureaus, boards, commissions, corporations, agencies, and offices, for the fiscal year ending June 30, 1963, and for other purposes.

October 3, 1962

[H. R. 12711]

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

Independent Offices Appropriation Act, 1963.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for sundry independent executive bureaus, boards, commissions, corporations, agencies, and offices, for the fiscal year ending June 30, 1963, namely:
<num value="I">TITLE I</num> <heading class="centered">EXECUTIVE OFFICE OF THE PRESIDENT</heading> <appropriations level="major"><heading>NATIONAL AERONAUTICS AND SPACE COUNCIL</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For expenses necessary for the National Aeronautics and Space Council, established by section 201 of the National Aeronautics and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/427">72 Stat. 427</ref>; <ref href="/us/stat/75/46">75 Stat. 46</ref>.</p></sidenote>Space Act. of 1958, as amended (42 U.S.C. 2471), including hire of passenger motor vehicles, reimbursement of the General Services Administration for security guard services, and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), but at rates for individuals not to exceed$100 per diem, $530,000.</content> </appropriations> </appropriations> <appropriations level="major"><heading>OFFICE OF EMERGENCY PLANNING</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For expenses necessary for the Office of Emergency Planning, including services as authorized by section 15 of the Act of August 2, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>1946 (5 U.S.C. 55a); reimbursement of the General Services Administration for security guard services; expenses of attendance of cooperating officials and individuals at meetings concerned with the work of the Office; $5,000,000: <proviso><i>Provided</i>, That contracts for not to exceed two persons under this appropriation for temporary or intermittent services as authorized by section 15 of the Act of August 2, 1946 (5 U.</proviso>S.C. 55a), may be renewed annually, and one such contract may provide for a per diem rate of not to exceed $75.</content> </appropriations> <appropriations level="intermediate"><heading>Civil Defense and Defense Mobilization Functions of Federal Agencies</heading> <content>For expenses necessary to enable other Federal agencies to perform civil defense and defense mobilization functions, including payments by the Department of Labor to State employment security agencies for the full cost of administration of defense manpower mobilization activities, $5,000,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/76/717">76 <inline class="smallCaps">Stat</inline>. 717</page> <appropriations level="major"><heading>OFFICE OF SCIENCE AND TECHNOLOGY</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For expenses necessary for the Office of Science and Technology, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), $750,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF DEFENSE</heading> <appropriations level="intermediate"><heading>Civil Defense, Department of Defense</heading> <appropriations level="small"><heading>operation and maintenance</heading> <content>For expenses, not otherwise provided for, necessary for carrying out civil defense activities, including the hire of motor vehicles; and financial contributions to the States for civil defense purposes, as authorized by law, $75,000,000, of which not to exceed $13,500,000 shall be available for allocation under section 205 of the Federal Civil Defense Act of 1950, as amended.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/533">72 Stat. 533</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s2286">50 USC app. 2286</ref>.</p></sidenote></content> </appropriations> <appropriations level="small"><heading>research</heading> <content>For expenses, not otherwise provided for, necessary for studies, research, surveys, and marking, to develop measures and plans for civil defense, $38,000,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>general provisions</heading> <content> <p class="indent0 fontsize10">Appropriations contained in this Act for carrying out civil defense activities shall not be available in excess of the limitations on appropriations contained in Section 408 of the Federal Civil Defense Act, as amended (50 U.S.C. App. 2260).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/1257">64 Stat. 1257</ref>.</p></sidenote></p> <p class="indent0 fontsize10">No part of any appropriation in this Act shall be available for the construction of warehouses or for the lease of warehouse space in any building which is to be constructed specifically for civil defense activities.</p> <p class="indent0 fontsize10">No part of any appropriation contained in this Act, or of the funds available for expenditure by any corporation or agency included in this Act, shall be used for construction of fallout shelters in Government owned or leased buildings except where specifically provided.</p> </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE</heading> <appropriations level="intermediate"><heading>Public Health Service</heading> <appropriations level="small"><heading>emergency health activities</heading> <content>For expenses necessary for carrying out emergency planning and preparedness functions of the Public Health Service, and procurement, storage (including underground storage), distribution, and maintenance of emergency civil defense medical supplies and equipment authorized by section 201(h) of the Federal Civil Defense Act of 1950, as amended (50 U.S.C., app. 2281(h)), $7,000,000, to remain <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/1248">64 Stat. 1248</ref>.</p></sidenote>available until expended.</content> </appropriations> </appropriations> </appropriations> <page identifier="/us/stat/76/718">76 <inline class="smallCaps">Stat</inline>. 718</page> <appropriations level="major"><heading>INDEPENDENT OFFICES</heading> <subheading>CIVIL AERONAUTICS BOARD</subheading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For necessary expenses of the Civil Aeronautics Board, including employment of temporary guards on a contract or fee basis; not to exceed $1,000 for official reception and representation expenses; hire, operation, maintenance, and repair of aircraft; hire of passenger motor vehicles; and services as authorized by section 15 of the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>August 2, 1946 (5 U.S.C. 55a), at rates for individuals not to exceed $100 per diem; $9,150,000.</content> </appropriations> <appropriations level="intermediate"><heading>Payments to Air Carriers (Liquidation of Contract Authorization)</heading> <content>For payments to air carriers of so much of the compensation fixed and determined by the Civil Aeronautics Board under section 406 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/763">72 Stat. 763</ref>; <i>Ante</i>, p. 145.</p></sidenote>of the Federal Aviation Act of 1958 (49 U.S.C. 1376), as is payable by the Board, $79,564,000, of which not to exceed $5,000,000 shall be available for subsidy for helicopter operations during the current fiscal year, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="major"><heading>CIVIL SERVICE COMMISSION</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content> <p class="indent0 fontsize10">For necessary expenses, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); not to exceed $10,000 for medical examinations performed for veterans by private physicians on a fee basis; payment in advance for library membership in societies whose publications are available to members only or to members at a price lower than to the general public; not to exceed $83,000 for performing the duties imposed upon the Commission by the Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1181/118k–118n">5 USC 1181, 118k–118n</ref>.</p></sidenote>of July 19, 1940 (54 Stat. 767); reimbursement of the General Services Administration for security guard services for protection of confidential files; and not to exceed $5,000 for actuarial services by contract, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t41/s5">41 USC 5</ref>.</p></sidenote>without regard to section 3709, Revised Statutes, as amended; $21,349,000: <proviso> <i>Provided</i>, That no part of this appropriation shall be available for the Career Executive Board established by Executive <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s631">5 USC 631 note</ref>.</p></sidenote>Order 10758 of March 4, 1958, as amended.</proviso></p> <p class="indent0 fontsize10">No part of the appropriations herein made to the Civil Service Commission shall be available for the salaries and expenses of the Legal Examining Unit in the Examining and Personnel Utilization Division of the Commission, established pursuant to Executive Order <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/cfr/t3/s1943–1948/256">3 CFR 1943–1948 Comp., p. 256</ref>.</p></sidenote>9358 of July 1, 1943.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Investigation of United States Citizens for Employment by International Organizations</heading> <content>For expenses necessary to carry out the provisions of Executive <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s287">22 USC 287 note</ref>.</p></sidenote>Order No. 10422 of January 9, 1953, as amended, prescribing procedures for making available to the Secretary General of the United Nations, and the executive heads of other international organizations, certain information concerning United States citizens employed, or being considered for employment by such organizations, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), $430,000: <proviso> <i>Provided</i>, That this appropriation shall be available for advances or reimbursements to the applicable appro-<page identifier="/us/stat/76/719">76 <inline class="smallCaps">Stat</inline>. 719</page>priations or funds of the Civil Service Commission and the Federal Bureau of Investigation for expenses incurred by such agencies under said Executive order:</proviso> <proviso> <i>Provided further</i>, That members of the International Organizations Employees Loyalty Board may be paid actual transportation expenses, and per diem in lieu of subsistence authorized by the Travel Expense Act of 1949, as amended, while traveling on <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/166">63 Stat. 166</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s835">5 USC 835 note</ref>.</p></sidenote>official business away from their homes or regular places of business, including periods while en route to and from and at the place where their services are to be performed:</proviso> <proviso> <i>Provided further</i>, That nothing in sections 281 or 283 of title 18, United States Code, or in section 190 <sidenote><p class="firstIndent1 fontsize8">Conflict of interest.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/697">62 Stat. 697</ref>.</p></sidenote>of the Revised Statutes (5 U.S.C. 99) shall be deemed to apply to any person because of appointment for part-time or intermittent service as a member of the International Organizations Employees Loyalty Board in the Civil Service Commission as established by Executive Order 10422, dated January 9, 1953, as amended.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s287">22 USC 287 note</ref>.</p></sidenote></proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Annuities Under Special Acts</heading> <content>For payment of annuities authorized by the Act of May 29, 1944, as amended (48 U.S.C. 1373a), and the Act of August 19, 1950, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/257">58 Stat. 257</ref>; <ref href="/us/stat/70/607">70 Stat. 607</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/465">64 Stat. 465</ref>; <ref href="/us/stat/72/49">72 Stat. 49</ref>.</p></sidenote>amended (33 U.S.C. 771–775), $2,000,000.</content> </appropriations> <appropriations level="intermediate"><heading>Government Payment for Annuitants, Employees Health Benefits Fund</heading> <content>For payment to the “Employees health benefits fund” of Government contributions with respect to annuitants, as authorized by section 7 of the Federal Employees Health Benefits Act (73 Stat. 713), <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s3006">5 USC 3006</ref>.</p></sidenote>$4,200,000, to remain available until expended: <proviso><i>Provided</i>, That not to exceed $1,074,000 of the funds in the “Employees health benefits fund” shall be available for reimbursement to the Civil Service Commission for administrative expenses incurred by the Commission during the current fiscal year in the administration of the Federal Employees Health Benefits Act of 1959 (73 Stat. 713), including services as authorized <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s3001">5 USC 3001 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a).</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Government Contributions, Retired Employees Health Benefits Fund</heading> <content>For payment to the “Retired employees health benefits fund” of Government contributions with respect to retired employees, as authorized by section 4 of the Retired Federal Employees Health Benefits Act (74 Stat. 850), $8,000,000, to remain available until expended: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s3053">5 USC 3053</ref>.</p></sidenote><proviso><i>Provided</i>, That the unexpended balance of the appropriation granted under this heading for the fiscal year 1962 shall be merged with this appropriation:</proviso> <proviso><i>Provided further</i>, That, without regard to the provisions of any other Act, not to exceed $375,000 of the funds in the “Retired employees health benefits fund” shall be available for reimbursement to the Civil Service Commission for administrative expenses incurred by the Commission during the fiscal year ending June 30, 1963, in the administration of the Retired Federal Employees Health Benefits Act.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Limitation on Administrative Expenses, Employees Life Insurance Fund</heading> <content>Not to exceed $255,000 of the funds in the “Employees life insurance fund” shall be available for reimbursement to the Civil Service Commission for administrative expenses incurred by the Commission during the current fiscal year in the administration of the Federal <page identifier="/us/stat/76/720">76 <inline class="smallCaps">Stat</inline>. 720</page>Employees’ Group Life Insurance Act of 1954, as amended (5 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/736">68 Stat. 736</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/678">69 Stat. 678</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/87">72 Stat. 87</ref>.</p></sidenote>2091–2103), including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a): <proviso><i>Provided</i>, That this limitation shall include expenses incurred under section 10 of the Act, notwithstanding the provisions of section 1 of Public Law 85–377 (5 U.S.C. 2094(c)).</proviso></content> </appropriations> </appropriations> <appropriations level="major"><heading>FEDERAL AVIATION AGENCY</heading> <appropriations level="intermediate"><heading>Operations</heading> <content>For necessary expenses of the Federal Aviation Agency, not otherwise provided for, including administrative expenses for research and development and for establishment of air navigation facilities, and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/170">60 Stat. 170.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1101">49 USC 1101 note</ref>.</p></sidenote>carrying out the provisions of the Federal Airport Act; not to exceed $10,000 for representation allowances and for official entertainment: purchase of three passenger motor vehicles for replacement only; and Purchase and repair of skis and snowshoes; $480,000,000: <proviso><i>Provided</i>, hat total costs of aviation medicine, including equipment, for the Federal Aviation Agency, whether provided in the foregoing appropriation or elsewhere in this Act, shall not exceed $5,100,000 or include m excess of 315 positions:</proviso> <proviso><i>Provided further</i>, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the maintenance and operation of air navigation facilities.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Facilities and Equipment</heading> <content>For an additional amount for the acquisition, establishment, and improvement by contract or purchase and hire of air navigation and experimental facilities, including the initial acquisition of necessary sites by lease or grant; the construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Agency stationed at remote localities where such accommodations are not available (at a total cost of construction of not to exceed $50,000 per housing unit in Alaska); and purchase of six aircraft; $125,000,000, to remain available until expended: <proviso><i>Provided</i>, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment of air navigation facilities:</proviso> <proviso><i>Provided further</i>, That no part of the foregoing appropriation shall be available for the construction of a new wind tunnel.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Grants-in-Aid for Airports (Liquidation of Contract Authorization)</heading> <content>For liquidation of obligations incurred under authority granted in <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1101–1111">49 USC 1101–1111 passim</ref>.</p></sidenote>the Act of August 3, 1955 (69 Stat. 441), to enter into contracts, $20,000,000, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Grants-in-Aid for Airports</heading> <content>For an additional amount for grants-in-aid for airports pursuant to the provisions of the Federal Airport Act, as amended, $75,000,000, to remain available until expended, as follows: for the purposes of section 5(d)(1) of such Act, $66,500,000 for the fiscal year 1964; for the purposes of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/524">75 Stat. 524</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1104">49 USC 1104</ref>.</p></sidenote>section 5(d)(2) of such Act, $1,500,000 for the fiscal year 1964; and for the purposes of section 5(d)(3) of such Act, $7,000,000 for the fiscal year 1964.</content> </appropriations> <page identifier="/us/stat/76/721">76 <inline class="smallCaps">Stat</inline>. 721</page> <appropriations level="intermediate"><heading>Research and Development</heading> <content>For expenses, not otherwise provided for, necessary for research, development, and service testing in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301–1542), including construction <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/731">72 Stat. 731</ref>; <i>Ante</i>, p. 143.</p></sidenote>of experimental facilities and acquisition of necessary sites by lease or grant, $35,000,000, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Washington National Airport</heading> <content>For expenses incident to the care, operation, maintenance, improvement and protection of the Washington National Airport, including purchase of two passenger motor vehicles for replacement only, for police type use, which may exceed by $3Q0 each the general purchase price limitation for the current fiscal year; purchase, cleaning and repair of uniforms; and arms and ammunition; $3,475,000.</content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, Dulles International Airport</heading> <content>For expenses incident to the care, operation, maintenance, improvement and protection of the Dulles International Airport, including purchase of one passenger motor vehicle for police type use, which may exceed by $300 the general purchase price limitation for the current fiscal year; purchase, cleaning and repair of uniforms; and arms and ammunition; $3,250,000.</content> </appropriations> <appropriations level="intermediate"><heading>Construction, Washington National Airport</heading> <content>For necessary expenses for construction at Washington National Airport, including acquisition of land, $2,000,000, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Construction and Development, Additional Washington Airport</heading> <content>For an additional amount for “Construction and development, additional Washington airport”, $3,200,000, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Civil Supersonic Aircraft Development</heading> <chapeau class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary for the development of a civil supersonic aircraft, including advances of funds with-out regard to the provisions of section 3648 of the Revised Statutes, as amended (31 U.o.C. 529), $20,000,000, to remain available until expended.</chapeau> <appropriations level="small"><heading>general provision</heading> <content>During the current fiscal year applicable appropriations to the Federal Aviation Agency shall be available for the Federal Aviation Agency to conduct the activities specified in the Act of October 26, 1949, as amended (5 U.S.C. 596a), under determinations and regulations <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/907">63 Stat. 907</ref>.</p></sidenote>by the Administrator of the Federal Aviation Agency; maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; and uniforms, or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1114">68 Stat. 1114</ref>.</p></sidenote></content> </appropriations> </appropriations> </appropriations> <page identifier="/us/stat/76/722">76 <inline class="smallCaps">Stat</inline>. 722</page> <appropriations level="major"><heading>FEDERAL COMMUNICATIONS COMMISSION</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For necessary expenses in performing the duties of the Commission as authorized by law, including land and structures (not to exceed $25,000), special counsel fees, improvement and care of grounds and repairs to buildings (not to exceed $15,000), services as authorized by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), not to exceed $500 for official reception and representation expenses, and purchase of not to exceed two passenger motor vehicles for replacement only, $14,486,000.</content> </appropriations> </appropriations> <appropriations level="major"><heading>FEDERAL POWER COMMISSION</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For expenses necessary for the work of the Commission, as authorized by law, including hire of passenger motor vehicles, and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a) at rates not to exceed $100 per diem for individuals, $10,700,000.</content> </appropriations> </appropriations> <appropriations level="major"><heading>FEDERAL TRADE COMMISSION</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 2131), and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), $11,282,500: <proviso><i>Provided</i>, That no part of the foregoing appropriation shall be expended upon any investigation hereafter provided by concurrent resolution of the Congress until funds are appropriated subsequently to the enactment of such resolution to finance the cost of such investigation.</proviso></content> </appropriations> </appropriations> <appropriations level="major"><heading>GENERAL ACCOUNTING OFFICE</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For necessary expenses of the General Accounting Office, including rental or lease of office space in foreign countries without regard to the provisions of section 3648 of the Revised Statutes, as amended (31 LS.C. 529), services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), and purchase of one passenger motor vehicle at not to exceed $6,000, $43,900,000.</content> </appropriations> </appropriations> <appropriations level="major"><heading>GENERAL SERVICES ADMINISTRATION</heading> <appropriations level="intermediate"><heading>Operating Expenses, Public Buildings Service</heading> <content>For necessary expenses, not otherwise provided for, of real property management and related activities as provided by law; rental of buildings in the District of Columbia; restoration of leased premises; moving Government agencies (including space adjustments) in connection with the assignment, allocation, and transfer of building space; acquisition by purchase or otherwise of real estate and interests therein; and contractual services incident to cleaning or servicing buildings and moving; $181,200,000: <proviso> <i>Provided</i>, That this appropriation shall be available, without regard to section 322 of the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/47/412/1517">47 Stat. 412, 1517</ref>.</p></sidenote>June 30, 1932, as amended (40 U.S.C. 278a), with respect to buildings, or parts thereof, heretofore leased under the appropriation for “Emergency operating expenses”:</proviso> <proviso> <i>Provided further</i>, That this appropriation <page identifier="/us/stat/76/723">76 <inline class="smallCaps">Stat</inline>. 723</page>shall be available to provide such fencing, lighting, guard booths, and other removable facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its function of protecting the person of the President of the United States and his immediate family, the President-elect, and the .Vice President pursuant to Title 18, U.S.C. 3056.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/65/122">65 Stat. 122</ref>.</p></sidenote></proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Repair and Improvement of Public Buildings</heading> <content>For expenses, not otherwise provided for, necessary to alter public buildings and to acquire additions to sites pursuant to the Public Buildings Act of 1059 (73 Stat. 479) and to alter other Federally-owned <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s601">40 USC 601 note</ref>.</p></sidenote>buildings and to acquire additions to sites thereof, including grounds, approaches and appurtenances, wharves and piers, together with the necessary dredging adjacent thereto; and care and safe-guarding of sites; preliminary planning of projects by contract or otherwise; maintenance, preservation, demolition, and equipment; $65,000,000, to remain available until expended: <proviso><i>Provided</i>, That for the purposes of this appropriation, buildings constructed pursuant to the Public Buildings Purchase Contract Act of 1954 (40 U.S.C. 356) and the Post Office Department Property Act of 1954 (39 U.S.C.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/518/521">68 Stat. 518, 521</ref>.</p></sidenote> 2104 et seq.), and buildings under the. control of another department or agency where alteration of such buildings is required in connection with the moving of such other department or agency from buildings then, or thereafter to be, under the control of General Services Administration shall be considered to be public buildings.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Construction, Public Buildings Projects</heading> <content> <p class="indent0 fontsize10">For an additional amount for expenses, not otherwise provided for, necessary to construct public buildings projects and alter public buildings by extension or conversion where the estimated cost for a project is in excess of $200,000 pursuant to the Public Buildings Act of 1959 (73 Stat. 479), including equipment for such buildings, $180,955,600, and not to exceed $500,000 of this amount shall be available to the Administrator for construction of small public buildings outside the District of Columbia as the Administrator approves and deems necessary, all to remain available until expended: <proviso><i>Provided</i>, That the foregoing amount shall be available for public buildings projects at locations and at maximum construction improvement costs (excluding funds for sites and expenses) as follows:</proviso></p> <list> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse, Juneau, Alaska, $11,482,600;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Border station (construction and alteration), Nogales, Arizona, $997,500;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Federal office building, Bakersfield, California, $1,311,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Border patrol station, Calexico, California, $288,800;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">General Services Administration stores depot, Denver, Colorado. $5.505.200;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and Federal office building, Wallingford, Connecticut. $836,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse, Gainesville, Florida, $2,178,300;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse (construction and alteration), Marianna. Florida, $518,700;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Federal office building, Tampa, Florida, $2,254,300;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and Federal office building, Macon, Georgia, $3,605,400;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Border station, Porthill, Idaho, $116,800;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Courthouse and Federal office building, Chicago, Illinois, in addition to the sum heretofore provided, $5,000,000;<page identifier="/us/stat/76/724">76 <inline class="smallCaps">Stat</inline>. 724</page></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and Federal office building, Seymour, Indiana, $455,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse (construction and alteration), Owensboro, Kentucky, $280,200;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Federal office building (construction and alteration), New Orleans, Ixmisiana, $1,225,500;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse (construction and alteration), New Orleans, Louisiana, $3,447,500;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and Federal office building, Augusta, Maine, $2,470,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Border patrol sector headquarters, Houlton, Maine, $318,200;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Federal office building, Boston, Massachusetts, $27,114,900;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office, Webster, Massachusetts, $390,400;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse (construction and alteration), Grand Rapids. Michigan, $700,100;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Border station, Pigeon River, Minnesota, $281,200;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse, Clarksdale, Mississippi, $1,164,700;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Federal office building, Kansas City, Missouri, $29,816,700;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Courthouse and Federal office building, Billings, Montana, $5,342,800;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse (construction and alteration), Grand Island, Nebraska, $305,900;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse, North Platte, Nebraska, $1,444,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Courthouse and Federal office building, Reno, Nevada, $3,310,700;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse, Concord, New Hampshire, $3,187,200;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Courthouse and Federal office building, Albuquerque, New Mexico, $6,932,100;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse,-Fayetteville, North Carolina, $2,022,500;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse (construction and alteration), Grand Forks, North Dakota, $308,700;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and Federal office building (construction and alteration), Canton, Ohio, $2,503,200;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse (construction and alteration), Oklahoma City, Oklahoma, $754,300;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office Federal office building and courthouse, Tulsa, Oklahoma, $8,958,500;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and Federal office building, Westerly, Rhode Island, $469,300;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse, Pierre, South Dakota, $2,482,300;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and Federal office building, Sioux Falls, South Dakota, $2,565,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse, Winchester, Tennessee, $860,900;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and Federal office building, Austin, Texas, $9,257,700;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Border station, Del Rio, Texas, $285,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Border patrol sector headquarters, Del Rio, Texas, $437,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse (construction and alteration), Houston, Texas, $1,323,300;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Courthouse and Federal office building, Ogden, Utah, $4,493,500;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and courthouse, Montpelier, Vermont, in addition to the sum heretofore provided, $509,000;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Health, Education, and Welfare office building (construction and alteration), Charlottesville, Virginia, $2,062,400;</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Post office and Federal office building, Richland, Washington, $7,716,800;</listContent></listItem> </list> <p class="indent0 fontsize10">Post office and courthouse, Cheyenne, Wyoming, $4,664,500: <proviso><i>Provided further</i>, That the foregoing limits of costs may be exceeded to the extent that savings are effected in other projects, but by not to exceed 10 per centum:</proviso> <proviso><i>Provided further</i>, That not to exceed $6,500,000 of the foregoing appropriation may be used for partial construction of the authorized public building project at Baltimore, Maryland.</proviso></p> </content> </appropriations> <page identifier="/us/stat/76/725">76 <inline class="smallCaps">Stat</inline>. 725</page> <appropriations level="intermediate"><heading>Sites and Expenses, Public Buildings Projects</heading> <content>For an additional amount for expenses necessary in connection with the construction of public buildings projects not otherwise provided for, as specified under this head in the Independent Offices Appropriation Acts of 1959 and 1960, including preliminary planning of public <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1066">72 Stat. 1066</ref>; <ref href="/us/stat/73/505">73 Stat. 505</ref>.</p></sidenote>buildings projects by contract or otherwise, $27,500,000, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Payments, Public Buildings Purchase Contracts</heading> <content>For payments of principal, interest, taxes, and any other obligations under contracts entered into pursuant to the Public Buildings Purchase Contract Act of 1954 (40 U.S.C. 356), $5,440,000.</content> </appropriations> <appropriations level="intermediate"><heading>Additional Court Facilities</heading> <content>For an additional amount for expenses, not otherwise provided for, necessary to provide, directly or indirectly, additional space, facilities and courtrooms for the judiciary, including alteration and extension of Government-owned buildings and acquisition of additions to sites of such buildings; rents; furnishings and equipment; repair and alteration of rented space; moving Government agencies in connection with the assignment and transfer of space; preliminary planning; preparation of drawings and specifications by contract or otherwise; and administrative expenses; $8,500,000, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Operating Expenses, Federal Supply Service</heading> <content>For expenses, not otherwise provided, necessary for supply distribution, procurement, inspection, operation of the stores depot system (including contractual services incident to receiving, handling, and shipping warehouse items), and other supply management and related activities, as authorized by law, $40,500,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/518">68 Stat. 518</ref>.</p></sidenote></content> </appropriations> <appropriations level="intermediate"><heading>General Supply Fund</heading> <content>To increase the general supply fund established by the Federal Property and Administrative Services Act of 1949, as amended (5 U.S.C. 630g), $13,500,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/377/382">63 Stat. 377, 382</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 401.</p></sidenote></content> </appropriations> <appropriations level="intermediate"><heading>Operating Expenses, Utilization and Disposal Service</heading> <content>For necessary expenses, not otherwise provided for, incident to the utilization and disposal of excess and surplus property, as authorized by law, $8,500,000, to be derived from proceeds from the transfer of excess property and the disposal of surplus property.</content> </appropriations> <appropriations level="intermediate"><heading>Operating Expenses, National Archives and Records Service</heading> <content>For necessary expenses in connection with Federal records management and related activities as provided by law, including reimbursement for security guard services, and contractual services incident to movement.or disposal of records, $14,000,000.</content> </appropriations> <appropriations level="intermediate"><heading>Operating Expenses, Transportation and Communications Service</heading> <content>For necessary expenses of transportation, communications and public utilities management and related activities, as provided by law, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed$75 per diem for individuals, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>$4,097,000.</content> </appropriations> <page identifier="/us/stat/76/726">76 <inline class="smallCaps">Stat</inline>. 726</page> <appropriations level="intermediate"><heading>Strategic and Critical Materials</heading> <content>For necessary expenses in carrying out the provisions of the Strategic <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/596">60 Stat. 596</ref>.</p></sidenote>and Critical Materials Stock Piling Act (50 U.S.C. 98–98h), during the current fiscal year, for transportation and handling, within the United States (including charges at United States ports), storage, security, and maintenance of strategic and other materials acquired for or transferred to the supplemental stockpile established pursuant to section 104(b) of the Agricultural Trade Development and Assistance <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/607">73 Stat. 607</ref>.</p></sidenote>Act of 1954 (7 U.S.C. 1704(b)), not to exceed $2,000,000 for carrying out the provisions of the National Industrial Reserve Act of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/1225">62 Stat. 1225</ref>.</p></sidenote> 1948 (50 U.S.C. 451–462), relating to machine tools and industrial manufacturing equipment for which the General Services Administration is responsible, including reimbursement for security guard services, services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), and not to exceed $3,000,000 for operating expenses, $18,000,000, to be derived from sales of strategic and critical materials: <proviso><i>Provided</i>, That no part of funds available shall be used for construction of warehouses or tank storage facilities:</proviso> <proviso><i>Provided further</i>, That during the current fiscal year the General Services Administration is authorized to acquire leasehold interests in property, for periods not in excess of twenty years, for the storage, security, and maintenance of strategic, critical, and other materials and equipment held pursuant to the aforesaid Acts provided said leasehold interests are at nominal cost to the Government:</proviso> <proviso><i>Provided further</i>, That during the current fiscal year, there shall be no limitation on the value of surplus strategic and critical materials which, in accordance with section 6(a) of the Strategic and Critical Materials Stock <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/598">60 Stat. 598</ref>.</p></sidenote>Piling Act (50 U.S.C. 98e(a)), may be transferred without reimbursement to stockpiles established in accordance with said Act:</proviso> <proviso><i>Provided further</i>, That any receipts from sales during the current fiscal year snail be promptly deposited into the Treasury except as otherwise provided herein:</proviso> <proviso><i>Provided further</i>, That during the current fiscal year materials in the inventory maintained under the Defense <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/798">64 Stat. 798</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s2061">50 USC app. 2061</ref>.</p></sidenote>Production Act of 1950, as amended, and, after compliance with the disposal requirements of section 3(e) of the Strategic and Critical Materials Stock Piling Act, excess materials in the national stockpile established pursuant to that Act, shall be available, without reimbursement, for transfer at fair market value to contractors as payment for expenses of refining, processing, or otherwise beneficiating materials, pursuant to section 3(c) of the Strategic and Critical Materials <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s98b">50 USC 98b</ref>.</p></sidenote>Stock Piling Act, into a form best suitable for stockpiling.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Salaries and Expenses, Office of Administrator</heading> <content>For expenses of executive direction for activities under the control of the General Services Administration, $1,350,000: <proviso><i>Provided</i>, That not to exceed $500 shall be available for reception and representation expenses.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Allowances and Office Facilities for Former Presidents</heading> <content>For carrying out the provisions of the Act of August 25, 1958 (72 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t3/s102">3 USC 102 note</ref></p></sidenote>Stat. 838), $320,000: <proviso><i>Provided</i>, That the Administrator of General Services shall transfer to the Secretary of the Treasury such sums as may be necessary to carry out the provisions of sections (a) and (e) of such Act.</proviso></content> </appropriations> <page identifier="/us/stat/76/727">76 <inline class="smallCaps">Stat</inline>. 727</page> <appropriations level="intermediate"><heading>Administrative Operations Fund</heading> <chapeau class="firstIndent1 fontsize10">Funds available to General Services Administration for administrative operations, in support of program activities, and for reimbursable services, shall be expended and accounted for, as a whole, through a single fund, which is hereby authorized: <proviso><i>Provided</i>, That costs and obligations for such administrative operations, and for reimbursable services for the respective program activities and for other agencies, shall be accounted for in accordance with systems approved by the General Accounting Office:</proviso> <proviso><i>Provided further</i>, That the total amount deposited into said account for administrative operations for the fiscal year 1963 from funds mfide available to General Services Administration in this Act (excluding reimbursements for automatic data processing services) shall not exceed $11,400,000:</proviso> <proviso><i>Provided further</i>, That amounts deposited into said account for administrative operations for each program (excluding reimbursements for automatic data processing services) shall not exceed the amounts included in the respective program appropriations for such purposes.</proviso></chapeau> <appropriations level="small"><heading>general provisions</heading> <content> <p class="indent0 fontsize10">The appropriate appropriation or fund available to the General Services Administration shall be credited with (1) cost of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Government corporations pursuant to law (40 U.S.C. 129); (2) reimbursements for services performed in <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/61/584">61 Stat. 584</ref>.</p></sidenote>respect to bonds and other obligations under the jurisdiction of the General Services Administration, issued by public authorities, States, or other public bodies, and such services in respect to such bonds or obligations as the Administrator deems necessary and in the public interest may, upon the request and at the expense of the issuing agencies, be provided from the appropriate foregoing appropriation; and (3) appropriations or funds available to other agencies, and transferred to the General Services Administration, in connection with property transferred to the General Services Administration pursuant to the Act of July 2, 1948 (50 U.S.C. 451 ff), and such appropriations <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/1225">62 Stat. 1225</ref>.</p></sidenote>or funds may be so transferred, with the approval of the Bureau of the Budget.</p> <p class="indent0 fontsize10">Appropriations to the General Services Administration under the heading “Construction, Public Buildings Projects” made in this Act shall be available, subject to the provisions of the Public Buildings Act of 1959 for (1) acquisition of buildings and sites thereof by purchase, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/479">73 Stat. 479</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s601">40 USC 601 note</ref>.</p></sidenote>condemnation, or otherwise, including prepayment of purchase contracts, (2) extension or conversion of Government-owned buildings, and (3) construction of new buildings, in addition to those set forth under that appropriation: <proviso><i>Provided</i>, That nothing herein shall authorize an expenditure of funds for acquisition, extension or conversion, or construction without the approval of the Committees on Appropriations of the Senate and House of Representatives.</proviso></p> <p class="indent0 fontsize10">Expenditures heretofore made pursuant to contract or stipulation from, and unexpended obligations heretofore incurred against, appropriations under the heading “Construction, Public Buildings Projects” in prior Appropriation Acts for the purposes of acquisition of buildings and sites thereof by purchase, condemnation, or otherwise, including prepayment of purchase contracts, are hereby ratified.</p> <p class="indent0 fontsize10">Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.</p> <p class="indent0 fontsize10">No part of any money appropriated by this or any other Act for any agency of the executive branch of the Government shall be used during the current fiscal year for the purchase within the continental <page identifier="/us/stat/76/728">76 <inline class="smallCaps">Stat</inline>. 728</page>limits of the United States of any typewriting machines except in accordance with regulations issued pursuant to the provisions of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/377">63 Stat. 377</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s471">40 USC 471 note</ref>.</p></sidenote>Federal Property and Administrative Services Act of 1949, as amended.</p> <p class="indent0 fontsize10">Not to exceed 2 per centum of any appropriation made available to the General Services Administration for the current fiscal year by this Act may be transferred to any other such appropriation, but no such appropriation shall be increased thereby more than 2 per centum: <proviso><i>Provided</i>, That such transfers shall apply only to operating expenses, and shall not exceed in the aggregate the amount of $2,000,000.</proviso></p> <p class="indent0 fontsize10">Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for (a) reimbursement to the General Services Administration for those expenses of renovation and alteration of buildings and facilities which constitute public improvements, performed in accordance with the Public Buildings Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s601">40 USC 601 note</ref>.</p></sidenote>of 1959 (73 Stat. 479) or other applicable law, and (b) transfer or reimbursement to applicable appropriations to said Administration for rents and related expenses, not otherwise provided for, of providing, directly or indirectly, such suitable general purpose space as may be required by any such department or agency, in the District of Columbia or elsewhere.</p> <p class="indent0 fontsize10">No part of any appropriation contained in this Act shall be used for the payment of rental on lease agreements for the accommodation of Federal agencies in buildings and improvements which are to be erected by the lessor for such agencies at an estimated cost of construction in excess of $200,000 or for the payment of the salary of any person who executes such a lease agreement: <proviso><i>Provided</i>, That the foregoing proviso shall not be applicable to projects for which a prospectus for the lease construction of space has been submitted to and approved by the appropriate Committees of the Congress in the same manner as for public buildings construction projects pursuant to the Public Buildings Act of 1959.</proviso></p> </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>HOUSING AND HOME FINANCE AGENCY</heading> <appropriations level="intermediate"><heading>Office of the Administrator</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Office of the Administrator, including services as authorized by section 15 of the Act of August 2, 1946 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>(5 U.S.C. 55a), at rates not to exceed $75 per diem for individuals; and purchase of two passenger motor vehicles for replacement only; $14,500,000: <proviso> <i>Provided</i>, That necessary expenses of inspections and of providing representatives at the site of projects being planned or undertaken by local public agencies pursuant to title I of the Housing <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/413">63 Stat. 413</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1450–1464">42 USC 1450–1464</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/77">64 Stat. 77</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749–1749c">12 USC 1749–1749c</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/642">69 Stat. 642</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1491–1497">42 USC 1491–1497</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/640">68 Stat. 640</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s460–462">40 USC 460–462</ref>.</p></sidenote>Act of 1949, as amended, projects financed through loans to educational institutions authorized by title IV of the Housing Act of 1950, as amended, projects and facilities financed by loans to public agencies pursuant to title II of the Housing Amendments of 1955, as amended, urban planning financed through grants to State and local government agencies pursuant to title VII of the Housing Act of 1954, as amended, and reserves of planned public works financed through advances to municipalities and other public agencies pursuant to title VII of the Housing Act of 1954, as amended, shall be compensated by such agencies or institutions by the payment of fixed fees which in the aggregate will cover the costs of rendering such services, and expenses for such purpose shall be considered nonadministrative; and for the <page identifier="/us/stat/76/729">76 <inline class="smallCaps">Stat</inline>. 729</page>purpose of providing such inspections, the Administrator may utilize any agency and such agency may accept reimbursement or payment for such services from such institutions, or the Administrator, and shall credit such amounts to the appropriations or funds against which such charges have been made, but such nonadministrative expenses shall not exceed $3,250,000.</proviso> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Urban Planning Grants</heading> <content>For grants in accordance with the provisions of section 701 of the Housing Act of 1954, as amended, $18,000,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/678">73 Stat. 678</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s461">40 USC 461</ref>.</p></sidenote></content> </appropriations> <appropriations level="intermediate"><heading>Urban Studies and Housing Research</heading> <content>For urban studies and housing research as authorized by the Housing Acts of 1948 and 1956, as amended, including administrative expenses in connection therewith, $375,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1747/1703">12 USC 1747 note, 1703 note</ref>.</p></sidenote></content> </appropriations> <appropriations level="intermediate"><heading>Mass Transportation Loans and Grants</heading> <content>For necessary expenses in connection with loans including purchase of securities and obligations in connection with mass transportation facilities, as authorized by clause (2) of section 202(a) of the Housing Amendments of 1955, as amended, and grants in connection with mass<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/173">75 Stat. 173</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1492">42 USC 1492</ref>.</p></sidenote> transportation demonstration projects, as authorized by section 103(b) of the Housing Act of 1949, as amended, including not to exceed <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/416">63 Stat. 416</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1453">42 USC 1453</ref>.</p></sidenote>$200,000 for administrative expenses, $32,500,000: <proviso><i>Provided</i>, That no part of this appropriation shall be used for administrative expenses in connection with loans including the purchase of securities and obligations which are to be financed with funds borrowed from the Secretary of the Treasury or grants to be made requiring payments in excess of the amount herein appropriated therefor.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Open Space Land Grants</heading> <content>For expenses in connection with grants to aid in the acquisition of open-space land or interests therein, and with the provision of technical assistance to State and local public bodies (including the undertaking of studies and publication of information), $15,000,000: <proviso><i>Provided</i>, That not to exceed $250,000 may be used for administrative expenses and technical assistance, and no part of this appropriation shall be used for administrative expenses in connection with grants requiring payments in excess of the amount herein appropriated therefor.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Low Income Housing Demonstration Programs</heading> <content>For low income housing demonstration programs pursuant to section 207 of the Housing Act of 1961, $3,000,000: <proviso><i>Provided</i>, That not <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/165">75 Stat. 165</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1436">42 USC 1436</ref>.</p></sidenote>to exceed $40,000 of this appropriation may be used for administrative expenses, and no part shall be used for administrative expenses in connection with contracts to make grants in excess of the amount herein appropriated therefor.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Public Works Planning Fund</heading> <content>For the revolving fund established pursuant to section 702 of the Housing Act of 1954, as amended (40 U.S.C. 462), $12,000,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/641">69 Stat. 641</ref>; <ref href="/us/stat/75/175">75 Stat. 175</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s462">40 USC 462</ref>.</p></sidenote></content> </appropriations> <page identifier="/us/stat/76/730">76 <inline class="smallCaps">Stat</inline>. 730</page> <appropriations level="intermediate"><heading>Urban Renewal Fund (Liquidation of Contract Authorization)</heading> <content>For an additional amount for payment of grants as authorized by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/413">63 Stat. 413</ref>.</p></sidenote>title I of the Housing Act of 1949, as amended (42 U.S.C. 1453, 1456), $300,000,000.</content> </appropriations> <appropriations level="intermediate"><heading>Housing for the Elderly Fund</heading> <content>For the revolving fund established pursuant to section 202 of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/667">73 Stat. 667</ref>.</p></sidenote>Housing Act of 1959, as amended (12 U.S.C. 1701q et seq.), $45,000,000.</content> </appropriations> <appropriations level="intermediate"><heading>Public Housing Administration</heading> <appropriations level="small"><heading>annual contributions</heading> <content>For the payment of annual contributions to public housing agencies in accordance with section 10 of the United States Housing Act of 1937, as amended (42U.S.C. 1410), $180,000,000.</content> </appropriations> <appropriations level="small"><heading>administrative expenses</heading> <content>For administrative expenses of the Public Housing Administration, $14,359,000, to be expended under the authorization for such expenses contained in title II of this Act.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>INTERSTATE COMMERCE COMMISSION</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For necessary expenses of the Interstate Commerce Commission, including not to exceed $5,000 for the e plovment of special counsel; services as authorized by section 15 of the Act of August 2, 1946 (5 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>U.S.C. 55a), at rates for individuals not to exceed $100 per diem; and purchase of not to exceed fifty-seven passenger motor vehicles of which fifty-five shall be for replacement only; $22,606,000, of which not less than $1,753,700 shall be available for expenses necesary to carry out railroad safety activities and not less than $1,170,800 shall be available for expenses necessary to carry out locomotive inspection activities: <proviso><i>Provided</i>, That Joint Board members and cooperating State commissioners may use Government transportation requests when traveling in connection with their duties as such.</proviso></content> </appropriations> </appropriations> <appropriations level="major"><heading>NATIONAL AERONAUTICS AND SPACE ADMINISTRATION</heading> <appropriations level="intermediate"><heading>Research, Development, and Operation</heading> <content>For necessary expenses, not otherwise provided for, of the National Aeronautics and Space Administration, including research, development, operations, technical services; repairs, alterations, minor construction; supplies, materials, and equipment; uniforms or allowances therefor, as authorized by the Act of September 1, 1954, as<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1114">68 Stat. 1114</ref>.</p></sidenote> amended (5 U.S.C. 2131); purchase of aircraft (including not to exceed three for administrative use); hire, maintenance and operation of aircraft; hire of passenger motor vehicles; and purchase of ten passenger motor vehicles for replacement only; $2,897,878,000, to remain available until expended.</content> </appropriations> <page identifier="/us/stat/76/731">76 <inline class="smallCaps">Stat</inline>. 731</page> <appropriations level="intermediate"><heading>Construction of Facilities</heading> <chapeau class="firstIndent1 fontsize10">For advance planning, design and construction of facilities for the National Aeronautics and Space Administration and for the acquisition or condemnation of real property, as authorized by law, $776,237,000, to remain available until expended.</chapeau> <appropriations level="small"><heading>general provisions</heading> <content> <p class="indent0 fontsize10">Not to exceed 5 per centum of any appropriation made available to the National Aeronautics and Space Administration by this Act may be transferred to any other such appropriation.</p> <p class="indent0 fontsize10">Not to exceed $26,250 of appropriations other than “Construction of facilities” in this Act for the National Aeronautics and Space Administration shall be available for scientific consultations and emergency or extraordinary expense, to be expended upon the approval or authority of the Administrator and his determination shall be final and conclusive.</p> </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>NATIONAL CAPITAL HOUSING AUTHORITY</heading> <appropriations level="intermediate"><heading>Operation and Maintenance of Properties</heading> <content>For the operation and maintenance of properties under title I of the District of Columbia Alley Dwelling Act, $40,000: <proviso><i>Provided</i>, That <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/930">48 Stat. 930</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/dcc/5–111">D. C. Code 5–111</ref>.</p></sidenote>all receipts derived from sales, leases, or other sources shall be covered into the Treasury of the United States monthly:</proviso> <proviso><i>Provided further</i>, That so long as funds are available from appropriations for the foregoing purposes, the provisions of section 507 of the Housing Act of 1950 (Public Law 475, Eighty-first Congress), shall not be effective.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/81">64 Stat. 81</ref>.</p></sidenote></proviso></content> </appropriations> </appropriations> <appropriations level="major"><heading>NATIONAL SCIENCE FOUNDATION</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For expenses necessary to carry out the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/149">64 Stat. 149</ref>.</p></sidenote>including award of graduate fellowships; services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); purchase of two passenger motor vehicles (including one medium sedan for replacement only at not to exceed $3,000); hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services; $322,500,000, to remain available until expended: <proviso><i>Provided</i>, That of the foregoing amount not less than $37,600,000 shall be available for tuition, grants, and allowances in connection with a program of supplementary training for secondary school science and mathematics teachers:</proviso> <proviso><i>Provided further</i>, That not to exceed $1,000,000 of the foregoing appropriation may be used to purchase foreign currencies which accrue under title I of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), for the purposes authorized by section 104(k) of that Act.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/275">72 Stat. 275</ref>.</p></sidenote></proviso></content> </appropriations> </appropriations> <appropriations level="major"><heading>RENEGOTIATION BOARD</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For necessary expenses of the Renegotiation Board, including hire of passenger motor vehicles and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), $2,450,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote></content> </appropriations> </appropriations> <page identifier="/us/stat/76/732">76 <inline class="smallCaps">Stat</inline>. 732</page> <appropriations level="major"><heading>SECURITIES AND EXCHANGE COMMISSION</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1114">68 Stat. 1114</ref>.</p></sidenote>For necessary expenses, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 2131), and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates for individuals not to exceed $100 per diem, $12,800,000.</content> </appropriations> </appropriations> <appropriations level="major"><heading>SELECTIVE SERVICE SYSTEM</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For expenses necessary for the operation and maintenance of the Selective Service System, as authorized by title I of the Universal <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s451">50 USC app. 451 note</ref>.</p></sidenote>Military Training and Service Act (62 Stat. 604), as amended, including services as authorized by section 15 of the Act of August 2, 1946<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> (5 U.S.C. 55a); purchase of seventeen passenger motor vehicles for replacement only; not to exceed $62,000 for the National Selective Service Appeal Hoard; and $38,000 for the National Advisory Committee on the Selection of Physicians, Dentists, and Allied Specialists; $37,585,000: <proviso><i>Provided</i>, That during the current fiscal year, the President may exempt this appropriation from the provisions of subsection <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665</ref>.</p></sidenote>(c) of section 3679 of the Revised Statutes, as amended, whenever he deems such action to be necessary in the interest of national defense.</proviso></content> </appropriations> </appropriations> <appropriations level="major"><heading>VETERANS ADMINISTRATION</heading> <appropriations level="intermediate"><heading>General Operating Expenses</heading> <content>For necessary operating expenses of the Veterans Administration, not otherwise provided for, including expenses incidental to securing employment for war veterans; uniforms or allowances therefor, as authorized by law; not to exceed $1,000 for official reception and representation expenses; reimbursement of the Department of the Army for the services of the officer assigned to the V eterans’ Administration to serve as Assistant Deputy Administrator; purchase of one passenger motor vehicle at not to exceed $7,500; and reimbursement of the General Services Administration for security guard service; $157,669,000: <proviso><i>Provided</i>, That no part of this appropriation shall be used to pay in excess of twenty-two persons engaged in public relations work:</proviso> <proviso><i>Provided further</i>, That no part of this appropriation shall be used to pay educational institutions for reports and certifications of attendance at such institutions an allowance at a rate in excess of $1 per month for each eligible veteran enrolled in and attending such institution.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Medical Administration and Miscellaneous Operating Expenses</heading> <content>For expenses necessary for administration of the medical, hospital, domiciliary, construction and supply, research, employee education and training activities, as authorized by law, $13,772,000.</content> </appropriations> <appropriations level="intermediate"><heading>Medical and Prosthetic Research</heading> <content>For expenses necessary for carrying out programs of medical and prosthetic research and development, as authorized by law, to remain available until expended, $30,500,000, of which $1,000,000 shall be for prosthetic research and development activities.</content> </appropriations> <page identifier="/us/stat/76/733">76 <inline class="smallCaps">Stat</inline>. 733</page> <appropriations level="intermediate"><heading>Medical Care</heading> <content>For expenses necessary for the maintenance and operation of hospitals and domiciliary facilities; for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Veterans Administration including care and treatment in facilities not under the jurisdiction of the Veterans Administration, and furnishing recreational articles and facilities; maintenance,operation and acquisition of farms and burial grounds; repairing, altering, improving or providing facilities in the several hospitals and homes under the jurisdiction of the Veterans Administration, not otherwise provided for, either by contract, or by the hire of temporary employees and purchase of materials; purchase of eighty-eight passenger motor vehicles for replacement, only; uniforms or allowances therefor as authorized by law (5 U.S.C. 2131); and aid to State homes as authorized <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1114">68 Stat. 1114</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1146">72 Stat. 1146</ref>.</p></sidenote>by section 641 of title 38, United States Code; $1,017,892,000, plus reimbursements: <proviso><i>Provided</i>, That allotments and transfers may be made from this appropriation to the Department of Health, Education, and Welfare (Public Health Service), the Army, Navy, and Air Force Departments, for disbursements by them under the various headings of their applicable appropriations, of such amounts as are necessary for the care and treatment of beneficiaries of the Veterans Administration.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Compensation and Pensions</heading> <content>For the payment of compensation, pensions, gratuities, and allowances (including burial awards authorized by section 902 of title 38, United States Code, and subsistence allowances for vocational rehabilitation), <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1169">72 Stat. 1169</ref>.</p></sidenote>authorized under any Act of Congress, or regulation of the President based thereon, including emergency officers’ retirement pay and annuities, the administration of which is now or may hereafter be placed in the Veterans Administration, and for the payment of adjusted service credits as provided in sections 401 and 601 of the Act of May 19, 1924, as amended, $3,832,000,000, to remain available<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/43/125/128">43 Stat. 125, 128</ref>.</p></sidenote> until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Readjustment Benefits</heading> <content>For the payment of benefits to or on behalf of veterans as authorized by part VIII, Veterans Regulation No. 1(a), as saved from repeal by section 12(a) of the Act of September 2, 1958 (72 Stat. 1264), and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1">38 USC note prec. pt. 1</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1167">72 Stat. 1167 <i>et seq</i></ref>.</p></sidenote>chapters 21, 33, 35, 37, and 39 of title 38, United States Code, and for supplies, equipment, and tuition authorized by chapter 31 of title 38, United States Code, $91,500,000, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Veterans Insurance and Indemnities</heading> <content>For military and naval insurance, for national service life insurance, for servicemen’s indemnities, and for service-disabled veterans insurance, $32,000,000, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Grants to the Republic of the Philippines</heading> <content>For payment to the Republic of the Philippines of grants in accordance with sections 631 to 634 of title 38, United States Code, for <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1145">72 Stat. 1145</ref>.</p></sidenote>expenses incident to medical care and treatment of veterans, $500,000.</content> </appropriations> <page identifier="/us/stat/76/734">76 <inline class="smallCaps">Stat</inline>. 734</page> <appropriations level="intermediate"><heading>Construction of Hospital and Domiciliary Facilities</heading> <content>For hospital and domiciliary facilities, for planning and for major alterations, improvements, and repairs and extending any of the facilities under the jurisdiction of the Veterans Administration or for any of the purposes set forth in sections 5001, 5002, and 5004, title 38, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1251">72 Stat. 1251</ref>.</p></sidenote>United States Code, $77,000,000, to remain available until expended: <proviso><i>Provided</i>, That the limitation under the head “Hospital and domiciliary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/211">69 Stat. 211</ref>.</p></sidenote>facilities” in the Independent Offices Appropriation Act, 1956, on the amount available for technical services for rehabilitation of the neuropsychiatrie hospital at Downey, Illinois, is reduced from “$2,900,000” to “$2,063,225”.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Loan Guaranty Revolving Fund</heading> <content>During the current fiscal year, the Loan guaranty revolving fund shall be available for expenses, but not to exceed $220,545,000, for property acquisitions and other loan guaranty and insurance operations <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1203">72 Stat. 1203</ref>; <ref href="/us/stat/74/532">74 Stat. 532</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1801–1825">38 USC 1801–1825</ref>.</p></sidenote>under Chapter 37, title 38, United States Code, except administrative expenses, as authorized by section 1824 of such title: <proviso><i>Provided</i>, That the retained earnings of the Direct loans to veterans and reserves revolving fund shall be available, during the current fiscal year, for transfer to said Loan guaranty revolving fund in such amounts as may be necessary to provide for the foregoing expenses.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Supply Fund</heading> <chapeau class="firstIndent1 fontsize10">During the current fiscal year, the Supply fund shall be available for the purchase of one passenger motor vehicle for replacement only.</chapeau> <appropriations level="small"><heading>administrative provisions</heading> <content> <p class="indent0 fontsize10">Not to exceed 5 per centum of any appropriation for the current fiscal year for “Compensation and pensions”, “Readjustment benefits”, and “Veterans insurance and indemnities” may be transferred to any other of the mentioned appropriations, but not to exceed 10 per centum of the appropriations so augmented.</p> <p class="indent0 fontsize10">Appropriations available to the Veterans Administration for the current fiscal year for salaries and expenses shall be available for services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>55a).</p> <p class="indent0 fontsize10">The appropriation available to the Veterans Administration for the current fiscal year for “Medical care” shall be available for funeral, burial, and other expenses incidental thereto (except burial awards <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1169">72 Stat. 1169</ref>.</p></sidenote>authorized by section 902 of title 38, United States Code), for beneficiaries of the Veterans Administration receiving care under such appropriations.</p> <p class="indent0 fontsize10">No part of the appropriations in this Act for the Veterans Administration (except the appropriation for “Construction of hospital and domiciliary facilities”) shall be available for the purchase of any site for or toward the construction of any new hospital or home.</p> <p class="indent0 fontsize10">No part of the foregoing appropriations shall be available for hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement of cost is made to the appropriation at such rates as may be fixed by the Administrator of Veterans Affairs.</p> </content> </appropriations> </appropriations> </appropriations> <page identifier="/us/stat/76/735">76 <inline class="smallCaps">Stat</inline>. 735</page> <level> <heading class="smallCaps centered">Independent Offices—General Provisions</heading> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">Where appropriations in this title are expendable for <sidenote><p class="firstIndent1 fontsize8">Travel expenses.</p></sidenote>travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefor in the budget estimates submitted for the appropriations: <proviso><i>Provided</i>, That this section shall not apply to travel gerformed by uncompensated officials of local boards and appeal oards of the Selective Service System, to travel performed in connection with the investigation of aircraft accidents by the Civil Aeronautics Board, or to payments to interagency motor pools where separately set forth in the budget schedules.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">No part of any appropriation contained in this title shall <sidenote><p class="firstIndent1 fontsize8">Positions of employees entering Armed Forces.</p></sidenote>be available to pay the salary of any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service and has within ninety days after his release from such service or from hospitalization continuing after discharge for a period of not more than one year made application for restoration to his former position and has been certified by the Civil Service Commission as still qualified to perform the duties of his former position and has not been restored thereto.</content> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content class="inline">No part of any appropriation made available by the provisions <sidenote><p class="firstIndent1 fontsize8">Real estate purchase or sale, restriction.</p></sidenote>of this title shall be used for the purchase or sale of real estate or for the purpose of establishing new offices outside the District of Columbia: <proviso><i>Provided</i>, That this limitation shall not apply to programs which have been approved by the Congress and appropriations made therefor.</proviso></content> </section> </level> <num value="II">TITLE II—</num> <heading class="inline">CORPORATIONS</heading> <chapeau class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The following corporations and agencies, respectively, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/61/584">61 Stat. 584</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote>be necessary in carrying out the programs set forth in the Budget for the current fiscal year for each such corporation or agency, except as hereinafter provided:</p></chapeau> <appropriations level="major"><heading>FEDERAL HOME LOAN BANK BOARD</heading> <appropriations level="intermediate"><heading>Limitation on Administrative and Nonadministrativf. Expenses, Federal Home Loan Bank Board</heading> <content>Not to exceed a total of $2,037,500 shall be available for administrative expenses of the Federal Home Loan Bank Board, which, may procure services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem for individuals, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>and contracts for such services with one organization may be renewed annually, purchase of one passenger motor vehicle (medium sedan) at not to exceed $3,000, and uniforms or allowances therefor in accordance with the Act of September 1, 1954, as amended (5 U.S.C. 2131–2133), and said amount shall be derived from funds available to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1114">68 Stat. 1114</ref>.</p></sidenote> the Federal Home Loan Bank Board, including those in the Federal Home Loan Bank Board revolving fund and receipts of the Federal Home Loan Bank Board for the current fiscal year and prior fiscal years, and the Board may utilize and may make payment tor services and facilities of the Federal home loan banks, the Federal Reserve <page identifier="/us/stat/76/736">76 <inline class="smallCaps">Stat</inline>. 736</page>banks, the Federal Savings and Loan Insurance Corporation, and other agencies of the Government (including payment for office space): <proviso><i>Provided</i>, That all necessary expenses in connection with the conservatorship of institutions insured oy the Federal Savings and Loan Insurance Corporation or preparation for or conduct of proceedings<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/634">68 Stat. 634</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1464">12 USC 1464</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/259">64 Stat. 259</ref>; <ref href="/us/stat/73/691">73 Stat. 691</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1730/1730a">12 USC 1730, 1730a</ref>.</p></sidenote> under section 5(d) of the Home Owners’ Loan Act of 1933 or section 407 or 408 of the National Housing Act and all necessary expenses (including services performed on a contract or fee basis, but not including other personal services) in connection with the handling, including the purchase, sale, and exchange, of securities on behalf of Federal home-loan banks, and the sale, issuance, and retirement of, or payment of interest on, debentures or bonds, under the Federal Home Loan Bank Act, as amended, shall be considered as nonadministrative expenses for the purposes hereof:</proviso> <proviso><i>Provided further</i>, That members and alternates of the Federal Savings and Loan Advisory Council shall be entitled to reimbursement from the Board as approved by the Board for transportation expenses incurred in attendance at meetings of or concerned with the work of such Council and may be paid not to exceed $25 per diem in lieu of subsistence:</proviso> <proviso><i>Provided further</i>, That expenses oi any functions of supervision (except of Federal home-loan banks) vested in or exercisable by the Board shall be considered as nonadministrative expenses:</proviso> <proviso><i>Provided further</i>, That not to exceed $1,000 shall be available for official reception and representation expenses:</proviso> <proviso><i>Provided further</i>, That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of the Board shall be incurred, allowed, and paid in accordance with the provisions of the Federal Home Loan Bank Act of July 22, 1932, as amended (12 U.</proviso>S.C. 1421–1449): <proviso><i>Provided further</i>, That the nonadministrative expenses (except those included in the first proviso hereof) for the supervision and examination of Federal and State chartered institutions (other than special examinations determined by the Board to be necessary) shall not exceed $11,500,000.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Limitation on Administrative Expenses, Federal Savings and Loan Insurance Corporation</heading> <content>Not to exceed $1,140,000 shall be available for administrative expenses, which shall be on an accrual basis and shall be exclusive of interest paid, depreciation, properly capitalized expenditures, expenses in connection with liquidation of insured institutions or preparation for or conduct of proceedings under section 407 or 408 of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/259">64 Stat. 259</ref>; <ref href="/us/stat/73/691">73 Stat. 691</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1730/1730a">12 USC 1730, 1730a</ref>.</p></sidenote>National Housing Act, liquidation or handling of assets of or derived from insured institutions, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of insured institutions, legal fees and expenses, and payments for expenses of the Federal Home Loan Bank Board determined by said Board to be properly allocable to said Corporation, and said Corporation may utilize and may make payment tor services and facilities of the Federal home-loan banks, the Federal Reserve banks, the Federal Home Loan Bank Board, and other agencies of the Government: <proviso><i>Provided</i>, That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of said Corporation shall be incurred allowed and paid in accordance with title IV of the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/1255">48 Stat. 1255</ref>.</p></sidenote>June 27, 1934, as amended (12 U.S.C. l724–1730a).</proviso></content> </appropriations> </appropriations> <page identifier="/us/stat/76/737">76 <inline class="smallCaps">Stat</inline>. 737</page> <appropriations level="major"><heading>GENERAL SERVICES ADMINISTRATION</heading> <appropriations level="intermediate"><heading>Limitation on Administrative Expenses, Reconstruction Finance Corporation Liquidation Fund</heading> <content>Not to exceed $25,000 (to be computed on an accrual basis) of the funds derived from liquidation of functions of Reconstruction Finance Corporation transferred to General Services Administration under Reorganization Plan No. 1 of 1957 (22 F.R. 4633), shall be available <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/71/647">71 Stat. 647</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s133z–15">5 USC 133z–15 note</ref>.</p></sidenote>during the current fiscal year for administrative expenses incident to the liquidation of said functions: <proviso><i>Provided</i>, That as used herein the term “administrative expenses” shall be construed to include all salaries and wages, services performed on a contract or fee basis, and travel and other expenses, including the purchase of equipment and supplies, of administrative offices, but this amount shall be exclusive of costs of services performed on a contract or fee basis in connection with the termination of contracts or in the performance of legal services:</proviso> <proviso><i>Provided further</i>, That the distribution of administrative expenses to the account shall be made in accordance with generally recognized accounting principles and practices.</proviso></content> </appropriations> </appropriations> <appropriations level="major"><heading>HOUSING AND HOME FINANCE AGENCY</heading> <appropriations level="intermediate"><heading>Limitation on Administrative Expenses, Office of the Administrator, College Housing Loans</heading> <content>Not to exceed $1,800,000 shall be available for all administrative expenses of carrying out the functions of the Administrator under the program of housing loans to educational institutions (title IV of the Housing Act of 1950, as amended, 12 U.S.C. 1749–1749d), but this <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/77">64 Stat. 77</ref>.</p></sidenote>amount shall be exclusive of payment for services and facilities of the Federal Reserve banks or any member thereof, the Federal home-loan banks, and any insured bank within the meaning of the Act creating the Federal Deposit Insurance Corporation (Act of August 23, 1935, as amended, 12 U.S.C. 264) which has been designated by the Secretary of the Treasury as a depository of public money of the United States.</content> </appropriations> <appropriations level="intermediate"><heading>Limitation on Administrative Expenses, Office of the Administrator, Public Facility Loans</heading> <content>Not to exceed $1,150,000 of funds in the revolving funds established pursuant to title II of the Housing Amendments of 1955, as amended, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/642">69 Stat. 642</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1491–1497">42 USC 1491–1497</ref>.</p></sidenote>shall be available for administrative expenses, but this amount shall be exclusive of payment for services and facilities of the Federal Reserve banks or any member thereof, the Federal home-loan banks, and any insured bank within the meaning of the Act creating the Federal Deposit Insurance Corporation (Act of August 23, 1935, as amended, 12 U.S.C. 264) which has been designated by the Secretary of the Treasury as a depository of public money of the United States.</content> </appropriations> <page identifier="/us/stat/76/738">76 <inline class="smallCaps">Stat</inline>. 738</page> <appropriations level="intermediate"><heading>Limitation on Administrative and Nonadministrative Expenses, Office of the Administrator, Housing for the Elderly</heading> <content>Not to exceed $725,000 of funds in the revolving fund established pursuant to section 202 of the Housing Act of 1959, as amended (12 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/667">73 Stat. 667</ref>.</p></sidenote>U.S.C. 1701q et seq.), shall be available for administrative and nonadministrative expenses, but this amount shall be exclusive of payment for services and facilities of the Federal National Mortgage Association, the Federal Reserve banks or any member thereof, the Federal home-loan banks and any insured bank within the meaning of the Act creating the Federal Deposit Insurance Corporation (Act of August 23, 1935, as amended (12 U.S.C. 264)) which has been designated by the Secretary of the Treasury as a depository of public money of the United States.</content> </appropriations> <appropriations level="intermediate"><heading>Limitation on Administrative Expenses, Office of the Administrator, Revolving Fund (Liquidating Programs)</heading> <content>During the current fiscal year not to exceed $145,000 shall be available for administrative expenses, but this amount shall be exclusive of expenses necessary in the case of defaulted obligations to protect the interests of the Government and legal services on a contract or fee basis and of payment for services and facilities of the Federal Reserve banks or any member thereof, any servicer approved by the Federal National Mortgage Association, the Federal home-loan banks, and any insured bank within the meaning of the Act of August 23, 1935, as amended, creating the Federal Deposit Insurance Corporation (12 U.S.C. 264) which has been designated by the Secretary of the Treasury as a depository of public money of the United States.</content> </appropriations> <appropriations level="intermediate"><heading>Limitation on Administrative Expenses, Federal National Mortgage Association</heading> <content>Not to exceed $8,250,000 shall be available for administrative expenses, which shall be on an accrual basis, and shall be exclusive of interest paid, expenses (including expenses for fiscal agency services performed on a contract or fee basis) in connection with the issuance and servicing of securities, depreciation, properly capitalized expenditures, fees for servicing mortgages, expenses (including services performed on a force account, contract, or fee basis, but not including other personal services) in connection with the acquisition, protection, operation, maintenance, improvement, or disposition or real or personal property belonging to said Association or m which it has an interest, cost of salaries, wages, travel, and other expenses of persons employed outside of the continental United States, expenses of services performed on a contract or fee basis in connection with the performance of legal services, and all administrative expenses reimbursable from other Government agencies, and said Association may utilize and may make payment for services and facilities of the Federal Reserve banks and other agencies of the Government: <proviso><i>Provided</i>, That the distribution of administrative expenses to the accounts of the Association shall be made in accordance with generally recognized accounting principles and practices.</proviso></content> </appropriations> <page identifier="/us/stat/76/739">76 <inline class="smallCaps">Stat</inline>. 739</page> <appropriations level="intermediate"><heading>Limitation on Administrative and Non administrative Expenses, Federal Housing Administration</heading> <content>For administrative expenses in carrying out duties imposed by or pursuant to law, not to exceed $10,400,000 of the various funds of the Federal Housing Administration shall be available, in accordance with the National Housing Act, as amended (12 U.S.C. 1701), including <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/1246">48 Stat. 1246</ref>.</p></sidenote>uniforms or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 21.31): <proviso><i>Provided</i>, That funds shall <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1114">68 Stat. 1114</ref>.</p></sidenote>be available for contract actuarial services (not to exceed $1,500):</proviso> <proviso><i>Provided further</i>, That nonadministrative expenses of all kinds regardless of source classified by section 2 of Public Law 387, approved October 25, 1949, including all appraisal fees regardless of source or <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/905">63 Stat. 905</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1702">12 USC 1702</ref>.</p></sidenote>method of financing shall not exceed $67,500,000:</proviso> <proviso><i>Provided further</i>, That the foregoing limitation shall not apply to fees and other expenses paid by and between private parties in connection with cases processed under the Certified Agency Program.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Limitation on Administrative and Nonadministrative Expenses, Public Housing Administration</heading> <content>Not to exceed the amount appropriated for such expenses by title I of this Act shall be available for the administrative expenses of the Public Housing Administration in carrying out the provisions of the United States Housing Act of 1937, as amended (42 U.S.C. 1401–1433), <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/50/888">50 Stat. 888</ref>.</p></sidenote>including purchase of uniforms, or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1114">68 Stat. 1114</ref>.</p></sidenote>purchase of not to exceed one passenger motor vehicle for replacement only: <proviso><i>Provided</i>, That necessary expenses of providing representatives of the Administration at the sites of non-Federal projects in connection with the construction of such non-Federal projects by public housing agencies with the aid of the Administration, shall be compensated by such agencies by the payment of fixed fees which in the aggregate in relation to the development costs of such projects will cover the costs of rendering such services, and expenditures by the Administration for such purpose shall be considered nonadministrative expenses, and funds received from such payments may be used only for the payment of necessary expenses of providing representatives of the Administration at the sites of non-Federal projects:</proviso> <proviso><i>Provided further</i>, That all expenses of the Public Housing Administration not specifically limited in this Act, in carrying out its duties imposed by law, shall not exceed $1,200,000.</proviso> </content> </appropriations> </appropriations> <num value="III">TITLE III—</num> <heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content class="inline">No part of any appropriation contained in this Act, or of <sidenote><p class="firstIndent1 fontsize8">Publicity or propaganda.</p></sidenote>the funds available for expenditure by any corporation or agency included in this Act, shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before the Congress.</content> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content class="inline">No part of any appropriation contained in this Act, or <sidenote><p class="firstIndent1 fontsize8">Personnel work</p></sidenote>of the funds available for expenditure by any corporation or agency included in this Act, shall be used to pay the compensation of any employee engaged in personnel work in excess of the number that would be provided by a ratio of one such employee to one hundred and thirty-five, or a part thereof, full-time, part-time, and intermittent employees of the corporation or agency concerned: <proviso> <i>Provided</i>, That for purposes of this section employees shall be considered as engaged in personnel work if they spend half time or more in person-<page identifier="/us/stat/76/740">76 <inline class="smallCaps">Stat</inline>. 740</page>nel administration consisting of direction and administration of the personnel program; employment, placement, and separation; job evaluation and classification; employee relations and services; wage administration; and processing, recording, and reporting.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num><sidenote><p class="firstIndent1 fontsize8">Fallout shelters.</p></sidenote> <content class="inline">No part of any appropriation contained in this or any other Act, or of any funds available for expenditure by any corporation or agency, snail be used for construction of fallout shelters unless the specific projects have been authorized by appropriate Committees of the Congress.</content> </section> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num><sidenote><p class="firstIndent1 fontsize8">Research projects.</p></sidenote> <content class="inline"> <p class="inline">None of the funds provided herein shall be used to pay any recipient of a grant for the conduct of a research project an amount for indirect expenses in connection with such project in excess of 25 per centum of the direct costs.</p> <p class="indent0 fontsize10"> <sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote>This Act may be cited as the “<shortTitle role="act">Independent Offices Appropriation Act, 1963</shortTitle>”.</p> </content> </section> Approved October 3, 1962.
Public Law 87–742: To amend the Act of March 8, 1922, as amended, to extend its provisions to the townsite laws applicable in the State of Alaska. Public Law 742 Public Law 87–742 76 Stat. 740 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–742
AN ACT To amend the Act of March 8, 1922, as amended, to extend its provisions to the townsite laws applicable in the State of Alaska.

October 3, 1962

[H. R. 11266]

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

Alaska.

Coal, oil or gas lands, disposition.
That section 3 of the Act of March 8, 1922 (42 Stat. 415), as amended (75 Stat. 384; 48 U.S.C. 376, 377, 377a), is further amended to read as follows:
“Sec. 3. The Secretary of the Interior may (a) sell under the provisions of section 2455 of the Revised Statutes (43 U.S.C. 1171), as amended, or (b) make disposition under the following townsite laws, as amended: Sections 2380 and 2381 of the Revised Statutes (43

26 Stat. 1099.

U.S.C. 711, 712); section 11 of the Act of March 3, 1891 (26 Stat. 1009; 48 U.S.C. 355); Act of May 25, 1926 (44 Stat. 629; 48 U.S.C. 355a–355d); and Act of March 12, 1914 (38 Stat. 305; 48 U.S.C. 301, 302, 303–308), of any lands in Alaska known to contain workable coal, oil or gas deposits, or that may be valuable for the coal, oil or gas contained therein, and which are otherwise subject to sale or disposition under said section 2455, as amended, or the said townsite laws, as amended, upon the condition that the patent issued to the purchaser

42 Stat. 416.

 thereof shall contain the reservation required by section 2 of this Act.”
Approved October 3, 1962.
Public Law 87–743: To amend section 1208(a) of the Merchant Marine Act, 1936, to authorize investment of the war risk insurance fund in securities of, or guaranteed by, the United States. Public Law 743 Public Law 87–743 76 Stat. 740 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–743
AN ACT To amend section 1208(a) of the Merchant Marine Act, 1936, to authorize investment of the war risk insurance fund in securities of, or guaranteed by, the United States.

October 3, 1962

[H. R. 11728]

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

War risk insurance fund.

Investment.

64 Stat. 775.
That section 1208 (a) of the Merchant Marine Act, 1936 (46 U.S.C. 1288(a)), is amended by inserting at the end thereof the following: “Upon the request of the Secretary of Commerce, the Secretary of the. Treasury may invest or reinvest all or any part of the fund in securities of the United States or in securities guaranteed as to principal and interest by the United States. The interest and benefits accruing from such securities shall be deposited to the credit of the fund.”
Approved October 3, 1962.
Public Law 87–744: To amend the Act of July 13, 1946, to authorize the construction, maintenance, and operation of certain additional toll bridges over or across the Delaware River and Bay. Public Law 744 Public Law 87–744 76 Stat. 741 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 741 Public Law 87–744
AN ACT To amend the Act of July 13, 1946, to authorize the construction, maintenance, and operation of certain additional toll bridges over or across the Delaware River and Bay.

October 3, 1962

[H. R. 12818]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That sections 3, 4,

Delaware River and Bay.

Additional toll bridges.

and 5 of the Act entitled “An Act to authorize the State of Delaware, by and through its State highway department, to construct, maintain, and operate a toll bridge across the Delaware River near Wilmington, Delaware”, approved July 13, 1946 (60 Stat. 533), are hereby amended to read as follows:
“Sec. 3. The Delaware River and Bay Authority or its successor is

Delaware River and Bay Authority, toll charges.

 hereby authorized to fix and charge tolls for transit over such bridge, and the rates of toll so fixed shall be the legal rates until changed by the Secretary of the Army under the authority of the General Bridge Act of 1946.

60 Stat. 847.

33 USC 525 note.
“Sec. 4. The Delaware River and Bay Authority or its successor in fixing the rates of toll to be charged for the use of such bridge and in fixing the rates of toll to be charged for the use of each additional bridge over or across the Delaware River and Bay operated under the authority conferred in section 5 of this Act, shall from time to time adjust them, together with the rates of tolls and other charges made for the use of any other toll crossings under, over, along, or across the Delaware River and Bay between the States of Delaware and New Jersey, which it may be operating so as to provide a fund sufficient— “(1) to pay the reasonable cost of maintaining, repairing, improving, and operating said bridge and such other toll crossings and the approaches thereto under economical management; “(2) to pay the cost of constructing, reconstructing, or improving all toll crossings operated by the Delaware River and Bay Authority; “(3) to pay the principal of and the interest upon bonds issued for the cost of said bridge and toll crossings, including bonds issued to refund such bonds at or prior to maturity and financing costs; and “(4) to provide constructing, operating, improving, repairing, maintenance, and debt service reserve funds of such character and amount as the Delaware River and Bay Authority or its successors shall determine to be necessary to insure the proper construction, operation, maintenance, repair, and improvement of the bridge and other toll crossings, and to protect the holders of bonds issued to finance the cost of said bridge and other toll crossings.
“Sec. 2. The Delaware River and Bay Authority, or its successor,

Construction, maintenance, and operation.

is hereby authorized to construct, maintain, and operate additional toll bridges over or across the Delaware River and Bay between the States of Delaware and New Jersey in accordance with the provisions of the General Bridge Act of 1946, except that the fixing, changing, and adjusting of rates of toll and the duration of toll charges for use of said additional bridges shall not be subject to the provisions of section 506 of the said General Bridge Act of 1946. In addition to

62 Stat. 267.

33 USC 529.

the powers granted to the Delaware River and Bay Authority by the laws of the States of Delaware and New Jersey there is hereby conferred upon said authority, or its successor all such rights and powers to enter upon land and acquire, condemn, occupy, possess, and use real 76 Stat. 742estate and other property needed for the location, construction, improvement, maintenance, and operation of additional bridges over or across the Delaware River and Bay as are possessed by railroad corporations for railroad purposes in the State in which such real estate or other property is situate, upon making just compensation therefor, to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes of such State.”
Sec. 2.

Reservation.

 The right to alter, amend, or repeal this Act is hereby expressly reserved.
Approved October 3, 1962.
Public Law 87–745: To amend the District of Columbia Traffic Act, 1025, as amended, to authorize the Commissioners of the District of Columbia to assess reasonable fees for the restoration of motor vehicle operators’ permits and operating privileges after suspension or revocation thereof. Public Law 745 Public Law 87–745 76 Stat. 742 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–745
AN ACT To amend the District of Columbia Traffic Act, 1025, as amended, to authorize the Commissioners of the District of Columbia to assess reasonable fees for the restoration of motor vehicle operators’ permits and operating privileges after suspension or revocation thereof.

October 3, 1962

[S. 2793]

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

D. C.

Motor vehicle operators’ permits, restoration fees.

46 Stat. 1424.
That the first sentence of subsection (a) of section 6 of the District of Columbia Traffic Act, 1925, as amended (43 Stat. 1121; sec. 40–603(a), D.C. Code, 1951 edition), is amended by striking “issuance and revocation of operators’ permits” and inserting in lieu thereof “issuance, suspension, and revocation of operators’ permits and the suspension and revocation of operating privileges, including rules and regulations assessing reasonable fees to reimburse the District for the cost of restoring suspended or revoked operators’ permits and privileges, such fees not to exceed the amount of $5 per restoration”.
Approved October 3, 1962.
Public Law 87–746: To amend the Act providing for the economic and social development in the Ryukyu Islands. Public Law 746 Public Law 87–746 76 Stat. 742 1962-10-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–746
AN ACT To amend the Act providing for the economic and social development in the Ryukyu Islands.

October 4, 1962

[H. R. 10937]

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

Ryukyu Islands.

Funds, increase.
That section 4 of the Act of July 12, 1960 (Public Law 86–629; 74 Stat. 462), is amended by striking out the figure “$6,000,000” and inserting the figure “$12,000,000” in place thereof.
Approved October 4, 1962.
Public Law 87–747: To provide for the withdrawal and orderly disposition of mineral interests in certain public lands in Pima County, Arizona. Public Law 747 Public Law 87–747 76 Stat. 743 1962-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 743 Public Law 87–747
AN ACT To provide for the withdrawal and orderly disposition of mineral interests in certain public lands in Pima County, Arizona.

October 5, 1962

[H. R. 10566]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) subject to

Pima County, Aria.

Withdrawal of mineral interests.

valid existing rights, the mineral interests of the United States which have been reserved in patents or other conveyances, heretofore issued under the public land laws, in the lands more fully described in section 2 hereof are hereby withdrawn from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from disposal under the Act of July 31, 1947, as amended (61 Stat. 681;30U.S.C. 601–604). (b) The withdrawal effected by this Act—

64 Stat. 572.

 (1) precludes location of claims, or entry for prospecting or other purposes, under the mining laws. (2) shall not be modified or revoked except by Act of Congress.
Sec. 2.

This Act shall be applicable only to the lands which are within the area situated in Pima County, Arizona, described as follows:

From the northeast corner of section 1, township 11 south, range 14 east, southerly along the range line separating ranges 14 and 15 east to the northeast corner of section 1, township 13 south, range 14 east;

From the northeast corner of section 1, township 13 south, range 14 east, easterly along the township line separating townships 12 and 13 south to the northeast corner of section 1, township 13 south, range 16 east;

From the northeast comer of section 1, township 13 south, range 16 east in a southerly direction along the range line separating ranges 16 and 17 east to the northeast comer of section 1, township 17 south, range 16 east;

From the northeast comer of section 1, township 17 south, range 16 east in a westerly direction along the township line separating townships 16 and 17 south to the northeast comer of section 1, township 17 south, range 13 east;

From the northeast comer of section 1, township 17 south, range 13 east in a northerly direction along the range line separating ranges 13 and 14 east to the northeast comer of section 24, township 15 south, range 13 east;

From the northeast corner of section 24, township 15 south, range 13 east, westerly to the northeast corner of section 21, township 15 south, range 13 east;

From the northeast corner of section 21, township 15 south, range 13 east, northerly to the northeast corner of section 28, township 14 south, range 13 east;

From the northeast comer of section 28, township 14 south, range 13 east, westerly to the northeast comer of section 27, township 14 south, range 12 east;

From the northeast corner of section 27, township 14 south, range 12 east, northerly to the northeast comer of section 10, township 14 south, range 12 east;

From the northeast corner of section 10, township 14 south, range 12 east, westerly to the northeast corner of section 8, township 14 south, range 12 east;

From the northeast corner of section 8, township 14 south, range 12 east, northerly to the northeast corner of section 5, township 13 south, range 12 east;

76 Stat. 744

From the northeast corner of section 5, township 13 south, range 12 east, westerly to the southwest corner of section 31, township 12 south, range 12 east;

From the southwest corner of section 31, township 12 south, range 12 east, northerly to the Pima-Pinal County line;

From there, easterly along the Pima-Pinal County line to the northeast corner of section 1, township 11 south, range 14 east; and

The southeast quarter of the southeast quarter, section 11, township 17 south, range 13 east, all Gila and Salt River base and meridian;

Except all parcels of land lying within present boundaries of Coronado National Forest, the Saguaro National Monument, and military reservations.
Approved October 5, 1962.
Public Law 87–748: To amend chapter 85 of title 28 of the United States Code relating to the Jurisdiction of the United States district courts, and for other purposes. Public Law 748 Public Law 87–748 76 Stat. 744 1962-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–748
AN ACT To amend chapter 85 of title 28 of the United States Code relating to the Jurisdiction of the United States district courts, and for other purposes.

October 5, 1962

[H. R. 1960]

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

Courts.

Actions against Government officials.

28 USC 1331–1360.
That chapter 85 of title 28 of the United States Code is amended— (a) By adding at the end thereof the following new section:
“§ 1361. Action to compel an officer of the United States to perform his duty “The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plantiff.”
(b) By adding at the end of the table of sections for chapter 85 of title 28 of the United States Code the following: “1361.
Sec. 2. Section 1391 of title 28 of the United States Code is amended by adding at the end thereof the following new subsection: “(e)

A civil action in which each defendant is an officer or employee of the United States or any agency thereof acting in his official capacity or under color of legal authority, or an agency of the United States, may, except as otherwise provided by law, be brought in any judicial district in which: (1) a defendant in the action resides, or (2) the cause of action arose, or (3) any real property involved in the action is situated, or (4) the plaintiff resides if no real property is involved in the action.

“The summons and complaint in such an action shall be served as Provided by the Federal Rules of Civil Procedure except that the

28 USC app.

delivery of the summons and complaint to the officer or agency as required by the rules may be made by certified mail beyond the territorial limits of the district in which the action is brought.”
Approved October 5, 1962.
Public Law 87–749: To amend the Smith-Lever Act of May 8, 1914, as amended. Public Law 749 Public Law 87–749 76 Stat. 745 1962-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 745 Public Law 87–749
AN ACT To amend the Smith-Lever Act of May 8, 1914, as amended.

October 5, 1962

[H. R. 12589]

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

Smith-Lever Act, amendment.

May 8, 1914 (38 Stat. 372), as amended by the Act of June 26, 1953 (7 U.S.C. 341–348), and by the Act of August 11, 1955 (7 U.S.C.

67 Stat. 83; 69 Stat. 683.

 347a), is hereby amended as follows: (a) Section 2 is amended by inserting the words “or Territory or possession” immediately before the words “receiving the benefits of this Act.” (b) Subsection 3(b) is amended by: (1) deleting the phrase

Federal Extension Service.

7 USC 343.

Alaska “, Hawaii, Puerto Rico,”; (2) substituting the word “available” for the word “received”; (3) substituting the date “1962” for the date “1953”; (4) deleting the phrase “such sums shall be”; (5) deleting the phrase “, Alaska, Hawaii, and Puerto Rico as existed immediately prior to the passage of this Act”; and (6) deleting the proviso to said subsection. (c) Subsection 3(c) 1 is amended to read as follows:

Appropriation distribution.

 “1. Four per centum of the sum so appropriated for each fiscal year shall be allotted to the Federal Extension Service for administrative, technical, and other services, and for coordinating the extension work of the Department and the several States, Territories, and possessions.” (d) Subsection 3(c)2 is amended by: (1) deleting so much thereof as precedes the first proviso and substituting therefor the following: “Or the remainder so appropriated for each fiscal year 20 per centum shall be paid to the several States in equal proportions, 40 per centum shall be paid to the several States in the proportion that the rural population of each bears to the total rural population of the several States as determined by the census, and the balance shall be paid to the several States in the proportion that the farm population of each bears to the total farm population of the several States as determined by the census:”; and (2) deleting the phrase “, Alaska, Hawaii, and Puerto Rico” from the first proviso. (e) Subsection 3(d) is amended by adding the word “additional” immediately after the word “such” in said subsection. (f) Section 4 is amended by (1) deleting the phrase “, Territory or

Allocation of funds on quarterly basis.

possession” wherever it appears in said section; and (2) by striking out the phrase “equal semi-annual payments on the first day of January and July” and substituting the phrase “equal quarterly payments in or about July, October, January, and April”. (g) Sections 5 and 6 are amended by deleting therefrom the phrases “, Territory, or possession,” and “, Territory, or possession” wherever they occur therein. (h) Subsection 8(b) is amended by deleting the phrase “, Alaska,

7 USC 347a.

 Hawaii, and Puerto Rico”. (i) By adding a new section 10 reading as follows: “The term

Definition.

‘State’ means the States of the Union and Puerto Rico.”
Approved October 5, 1962.
Public Law 87–750: To revise the boundaries of the Virgin Islands National Park, Saint John, Virgin Islands, and for other purposes. Public Law 750 Public Law 87–750 76 Stat. 746 1962-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 746 Public Law 87–750
AN ACT To revise the boundaries of the Virgin Islands National Park, Saint John, Virgin Islands, and for other purposes.

October 5, 1962

[S. 2429]

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

Virgin islands Notional Park, Saint John, V.I.

Boundary revision.

16 USC 398, 398a.
That, in furtherance of the purposes of the Act of August 2, 1956 (70 Stat. 940), as amended, providing for the establishment of the Virgin Islands National Park, and in order to preserve for the benefit of the public significant coral gardens, marine life, and seascapes in the vicinity thereof, the boundaries of such park, subject to valid existing rights, are hereby revised to include the adjoining lands, submerged lands, and waters described as follows: North Offshore Area

Beginning at the hereinafter lettered point A on the shore of Cruz Bay, a corner in the Virgin Islands National Park boundary, being also a corner of lot F, Cruz Bay, added to the park by order of designation signed June 29, 1960, by the Assistant Secretary of the Interior pursuant to the Act of August 2, 1956 (70 Stat. 940), and published in

25 F. R. 6408.

the Federal Register of July 7, 1960, the said corner being the terminus of the course recited therein as “north 58 degrees 50 minutes west a distance of 20.0 feet, more or less, along Government land to a point for the third call in the metes and bounds description lot F, Cruz Bay.

From the initial point A, distances in nautical miles, along direct courses between the hereinafter lettered points at geographic positions (latitudes north, longitudes west):

Northwestward approximately 0.13 mile to point B, latitude 18 degrees 20 minutes 08 seconds, longitude 64 degrees 47 minutes 43 seconds in Cruz Bay; 0.43 mile to point C, latitude 18 degrees 20 minutes 08 seconds, longitude 64 degrees 48 minutes 10 seconds in Pillsbury Sound; 1 36 miles to point D, latitude 18 degrees 21 minutes 30 seconds, longitude 64 degrees 48 minutes 10 seconds in Windward Passage; 1.64 miles to point E, latitude 18 degrees 22 minutes 10 seconds, longitude 64 degrees 46 minutes 35 seconds in the Atlantic Ocean; 1.99 miles to point F, latitude 18 degrees 22 minutes 45 seconds, longitude 64 degrees 44 minutes 35 seconds in the Narrows; 3.18 miles to point G, latitude 18 degrees 22 minutes 00 seconds, longitude 64 degrees 41 minutes 20 seconds in Sir Francis Drake Channel; 1.04 miles to point H, latitude 18 degrees 21 minutes 10 seconds, longitude 64 degrees 40 minutes 40 seconds in Haulover Bay;

Southwestward approximately 0.22 mile to point I, a bound post on the shore of Haulover Bay marking a comer of the Virgin Islands National Park boundary as shown on drawing numbered NP–VI–7000 entitled “Acquisition Area Virgin Islands National Park”, approved November 15, 1956, by the Acting Secretary of the Interior in accordance with the provisions of the Act of August 2, 1956, supra, being also the southeasterly comer of estate Haulover 5a and 5c east end quarter as delineated on the municipality of Saint Thomas and Saint John drawing PW file numbered 9i–24–T51 dated October 26, 1950;

Thence running generally westward along the Virgin Islands National Park northerly boundary as it follows the northerly shore of the island of Saint John as shown on the said drawing numbered NP–VI–7000 and on drawing numbered NP–VI–7003 76 Stat. 747entitled “Land Ownership Cruz Bay Creek” depicting the boundary adjustment affected by the said order of designation to point A, the point of beginning.

The area described contains approximately 4,100 acres.

 South Offshore Area

Beginning at the hereinafter lettered point L, a concrete bound post on the shore of Drunk Bay marking a northeasterly corner in the Virgin Islands National Park boundary as shown on the said drawing numbered NP–VI–7000, being also the northeasterly corner of parcel numbered 1, estate Concordia (A), as delineated on the Leo R. Sibilly, civil engineer, drawing file numbered C9–13–T55.

From the initial point L, distances in nautical miles, along direct courses between the hereinafter lettered points at geographic positions (latitudes north, longitudes west):

Eastward approximately 0.32 mile to point M, latitude 18 degrees 18 minutes 48 seconds, longitude 64 degrees 41 minutes 50 seconds in Sabbat Channel; 0.88 mile to point N, latitude 18 degrees 17 minutes 55 seconds, longitude 64 degrees 41 minutes 50 seconds in the Caribbean Sea; 0.40 mile to point O, latitude 18 degrees 17 minutes 55 seconds, longitude 64 degrees 42 minutes 15 seconds in the Caribbean Sea; 1.88 miles to point P, latitude 18 degrees 18 minutes 48 seconds, longitude 64 degrees 44 minutes 00 seconds in the Caribbean Sea; 1.89 miles to point Q, latitude 18 degrees 18 minutes 48 seconds, longitude 64 degrees 45 minutes 50 seconds in the Caribbean Sea; 0.45 mile to point R, latitude 18 degrees 19 minutes 15 seconds, longitude 64 degrees 45 minutes 50 seconds in Fish Bay;

Eastward approximately 0.08 mile to point S on the shore of Fish Bay, a corner in the present Virgin Islands National Park, as delineated on said drawing numbered NP–VI–700Q, being the northwesterly corner of parcel numbered 2 estate Fish Bay, numbered 8 Reef Bay Quarter, and the terminus of the delineated course “south 78 degrees 52 minutes west distance 1,178.9 feet” as depicted on the Leo R. Sibilly, civil engineer, drawing file numbered G9–385–756.

Thence running generally eastward along the present southerly park boundary as it follows the southerly shore of the island of Saint John as depicted on the said drawing numbered NP–VI–7000 to point L, the point of beginning.

The area described contains approximately 1,550 acres.

Lands, submerged lands, and waters added to the Virgin Islands National Park pursuant to this Act shall be subject to administration by the Secretary of the Interior in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 14), as amended and supplemented.
Sec. 2. Within the boundaries of Virgin Islands National Park as

Acquisition of lands, etc.

established and adjusted pursuant to the Act of August 2, 1956 (70 Stat. 940), and as revised by this Act, the Secretary of the Interior

16 USC 398, 398a.

is authorized to acquire lands, waters, and interests therein by purchase, exchange or donation or with donated funds.
Sec. 3. Nothing in this Act shall be construed as-authorizing any limitation on customary uses of or access to the areas specified in section 1 for bathing and fishing (including setting out of fishpots and landing boats), subject to such regulations as the Secretary of the Interior may find reasonable and necessary for protection of natural conditions and prevention of damage to marine life and formations.
76 Stat. 748
Sec. 4. There are hereby authorized to be appropriated such sums, but not more than $1,250,000, as are necessary to acquire lands pursuant to section 2 of this Act.
Approved October 5, 1962.
Public Law 87–751: To provide that individuals enlisted into the Armed Forces of the United States shall take an oath to support and defend the Constitution of the United States. Public Law 751 Public Law 87–751 76 Stat. 748 1962-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–751
AN ACT To provide that individuals enlisted into the Armed Forces of the United States shall take an oath to support and defend the Constitution of the United States.

October 5, 1962

[H. R. 218]

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

Armed Forces.

Enlistment oath.

70A Stat. 17.
That section 501 of title 10, United States Code, is amended as follows:
Ҥ 501. Enlistment oath: who may administer

“Each person enlisting in an armed force shall take the following oath:

“ ‘I _ _ _ _ _ _ _ _ _ _ _ _ _ , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.’

This oath or affirmation may be taken before any commissioned officer of any armed force.”
Sec. 2.

National Guard.

70A Stat. 602.

 Section 304 of title 32, United States Code, is amended to lead as follows:
Ҥ 304. Enlistment oath

“Each person enlisting in the National Guard shall sign an enlistment contract and subscribe to the following oath:

“ ‘I do hereby acknowledge to have voluntarily enlisted this _ _ _ _ day of_ _ _ _ _ _ _ _ _ _ _, 19_ _, in the_ _ _ _ _ _ _ _ _ _ _National Guard of the State of _ _ _ _ _ _ _ _ _ _ _ for a period of _ _ _ _ _ _ _ year(s) under the conditions prescribed by law, unless sooner discharged by proper authority.

“ ‘I, _ _ _ _ _ _ _ _ _ _ _ _ _ , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and of the State of _ _ _ _ _ _ _ _ against all enemies, foreign and domestic; that I will bear true faith and allegiance to them; and that I will obey the orders of the President of the United States and the Governor of _ _ _ _ _ _ _ _ _ _ _ _ _ and the orders of the officers appointed over me, according to law and regulations. So help me God.’

This oath may be taken before any officer of the National Guard of the State or territory, or of Puerto Rico, the Canal Zone, or the District of Columbia, as the case may be, or before any other person authorized by the law of the jurisdiction concerned to administer oaths of enlistment in the National Guard.”
Sec. 3.

Effective date.

 This Act does not affect any oath taken before one year after its enactment.
Approved October 5, 1962.
Public Law 87–752: To direct the Secretary of the Interior to convey certain public lands in the State of California to the city of Needles. Public Law 752 Public Law 87–752 76 Stat. 749 1962-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 749 Public Law 87–752
AN ACT To direct the Secretary of the Interior to convey certain public lands in the State of California to the city of Needles.

October 5, 1962

[H. R. 2952]

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

Needles, Calif.

Land conveyance.

of the Interior shall issue to the city of Needles, in the county of San Bernardino, State of California, upon payment by the city into the Treasury of the United States, not more than five years after the Secretary has notified the city of the purchase price which shall be an amount equal to the fair market value plus the cost of any appraisal of the lands as of the effective date of this Act as determined by the Secretary after the appraisal of the lands by contract appraisal or otherwise, a patent or deed for the following described lands situated within the city limits of said city of Needles or adjacent thereto, in the State of California comprising a total of 340 acres more or less (all range references are to San Bernardino base and meridian) with a reservation to the United States of the coal, phosphate, sodium, potassium, oil, gas, oil shale, native asphalt, solid and semisolid bitumen and bituminous rock (including oil-impregnated rock or sands from which oil is recoverable only by special treatment after the deposit is mined or quarried), together with the right to prospect for, mine, and remove the same under applicable provisions of law: (a) The southwest quarter of the northwest quarter of section 30 in township 9 north, range 23 east, subject to Atchison, Topeka, and Santa Fe Railway right-of-way, comprising 40 acres more or less (otherwise described as Government lot 2 in said section 30) whenever the Secretary of the Interior determines that there is no further Federal need for this parcel. (b) The southeast quarter of the northwest quarter of section 30 in township 9 north, range 23 east, subject to Atchison, Tokepa, and Santa Fe Railway right-of-way, comprising 40 acres more or less. (c) The north half of the south half of the southeast quarter of the southwest quarter, and the southwest quarter of the southwest quarter of the southeast quarter of the southwest quarter, and the southeast quarter of the southeast quarter of the southeast quarter of the southwest quarter section 30, township 9 north, range 23 east, comprising 15 acres more or less. (d) The northeast quarter of the northeast quarter of the northeast quarter of the northwest quarter, and the northwest quarter of the northwest quarter of the northeast quarter of the northwest quarter section 31, township 9 north, range 23 east, comprising 5 acres more or less. (e) The northeast quarter of section 31 in township 9 north, range 23 east, comprising 160 acres more or less. (f) The southeast quarter of the northwest quarter of section 32 in township 9 north, range 23 east, comprising 40 acres more or less. (g) The southeast quarter of the southeast quarter of section 32 in township 9 north, range 23 east, subject to United States Highway 66–95 right-of-way, comprising 40 acres more or less.
Sec. 2. The conveyance authorized and directed by this Act shall

Existing valid claims.

be made subject to any existing valid claims against the lands described in the first section of this Act, and to any reservations necessary to protect continuing uses of said lands by the United States.
Sec. 3. The lands described in the first section of this Act shall be segregated from all forms of appropriation under the public land laws 76 Stat. 750including the mining and mineral leasing laws, from the date of approval of this Act, until the Secretary snail provide otherwise by

Publication in F. R.

publication of an order in the Federal Register.
Sec. 4. The execution of the patents or deeds described in section 1 of this Act shall not relieve any person of any liability to the United States arising prior to the date of such conveyances for unauthorized use of the conveyed lands.
Approved October 5, 1962.
Public Law 87–753: To amend section 9(b) of the Act entitled “An Act to prevent pernicious political activities” (the Hatch Political Activities Act) to reduce the requirement that the Civil Service Commission impose no penalty less than thirty days suspension for any violation of section 9 of the Act. Public Law 753 Public Law 87–753 76 Stat. 750 1962-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–753
AN ACT To amend section 9(b) of the Act entitled “An Act to prevent pernicious political activities” (the Hatch Political Activities Act) to reduce the requirement that the Civil Service Commission impose no penalty less than thirty days suspension for any violation of section 9 of the Act.

October 5, 1962

[S. 919]

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

Hatch Political Activities Act, amendment.

64 Stat. 475.
That section 9 (o) of the Act entitled “An Act to prevent pernicious political activities”, approved August 2, 1939, as amended (5 U.S.C. 118i(b)), is amended by striking out “Provided further, That in no case shall the penalty be less than ninety days’ suspension without pay:”, and inserting in lieu thereof “Provided further, That in no case shall the penalty be less than thirty days’ suspension without pay:”.
Approved October 5, 1962.
Public Law 87–754: To authorize the sale of the mineral estate in certain lands. Public Law 754 Public Law 87–754 76 Stat. 750 1962-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–754
AN ACT To authorize the sale of the mineral estate in certain lands.

October 5, 1962

[H. R. 8134]

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

Maricopa County, Ariz.

Sale of mineral lands.
That (a) subject to valid existing rights, the mineral interests of the United States, which have been reserved in patents or other conveyances, heretofore issued under the public land laws, in the lands more fully described herein are hereby withdrawn from all forms of location and appropriation and the lands involved are withdrawn from entry, for prospecting or other purposes under the public land laws, including the mining and mineral leasing laws, and from disposal under the Act of July 31,

64 Stat. 572.

1947, as amended (61 Stat. 681; 30 U.S.C. 601–604). (b) The withdrawals effected by this Act shall not be modified or revoked except by Act of Congress. This Act shall be applicable only to the lands which are situated in: Township 3 north, range 6 east, Gila and Salt River meridian, Maricopa County, Arizona. Section 10. All. Section 11. Lots 6,7,8,9, west half east half, west half. Section 14. Lots 9,10,11,12, west half east half, west half. Section 15. All. Section 22. All. Section 23. Lots 9, 10, 11, 12, west half. Section 26. Lots 9, 10, 11, 12, west half. Section 27. All. Total 4,540.57 acres.
Approved October 5, 1962.
Public Law 87–755: To amend section 510(a)(1), Merchant Marine Act, 1936. Public Law 755 Public Law 87–755 76 Stat. 751 1962-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 751 Public Law 87–755
AN ACT To amend section 510(a)(1), Merchant Marine Act, 1936.

October 5, 1962

[H. R. 10022]

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

Merchant Marine Act, 1936, amendment.

72 Stat. 17.

46 USC 1160.

“Obsolete vessel.”

section 510(a)(1), of the Merchant Marine Act, 1936, is amended to read as follows: “Provided, That until June 30, 1964, the term ‘obsolete vessel’ shall mean a vessel or vessels, each of which (A) is of not less than one thousand three hundred and fifty gross tons, (B) is not less than twelve years old, and (C) is owned by a citizen or citizens of the United States and has been owned by such citizen or citizens for at least three years immediately prior to the date of acquisition hereunder.”
Approved October 5, 1962.
Public Law 87–756: To amend title VIII of the National Housing Act with respect to the authority of the Federal Housing Commissioner to pay certain real property taxes and to make payments in lieu of real property taxes. Public Law 756 Public Law 87–756 76 Stat. 751 1962-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–756
AN ACT To amend title VIII of the National Housing Act with respect to the authority of the Federal Housing Commissioner to pay certain real property taxes and to make payments in lieu of real property taxes.

October 5, 1962

[H. R. 13067]

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

Military housing.

Payments in lieu of taxes.

the National Housing Act is amended by adding at the end thereof the following new section:
“Sec. 811. (a) The Commissioner is authorized to make payments in

63 Stat. 570; 70 Stat. 273; 73 Stat. 683.

12 USC 1748–1748h–2.

lieu of taxes on any real property to which title has been or is hereafter acquired by him in fee under section 803 as effective prior to August 11, 1955, and on which taxes or payments in lieu of such taxes were payable or paid prior to acquisition by the Commissioner. Such payments may be made in connection with tax years occurring prior to or subsequent to the date of the enactment of this section. The amount of any such payments shall not exceed taxes on similar property and shall not include interest or penalties. If the Commissioner has acquired or hereafter acquires title in fee to real property by foreclosure or by transfer from some other department or agency of the Govenment or otherwise during a tax year, he may make a payment in lieu of taxes prorated for that portion of the year remaining after his acquisition of title. This subsection shall not authorize any lien against property held by the Commissioner, nor the payment of any tax, nor any payment in lieu of any tax, on any interest of the Commissioner as lessee or mortgagee. “(b) Nothing in this title shall be construed to exempt any real property which has been or is hereafter acquired and held by the Commissioner under section 809 or 810 from taxation by any State or political subdivision thereof, to the same extent, according to its value, as other real property is taxed.”
Approved October 5, 1962.
Public Law 87–757: To amend the Act entitled “An Act to incorporate the Hungarian Reformed Federation of America”, approved March 2, 1907, and for other purposes. Public Law 757 Public Law 87–757 76 Stat. 752 1962-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 752 Public Law 87–757
AN ACT To amend the Act entitled “An Act to incorporate the Hungarian Reformed Federation of America”, approved March 2, 1907, and for other purposes.

October 5, 1962

[S. 699]

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

Hungarian Reformed Federation of America.

Membership benefits.
That section 2 of the Act entitled “An Act to incorporate the Hungarian Reformed Federation of America”, approved March 2, 1907 (34 Stat. 1226), is amended by striking out the period at the end of the first sentence and inserting in lieu thereof a semicolon and the following: “to provide all types of benefits which are now or hereafter may be authorized by the laws of the District of Columbia relating to fraternal benefit associations.”
Sec. 2. Section 755 of the Act entitled “An Act to establish a Code of Law for the District of Columbia”, approved March 3, 1901 (31 Stat.

D. C. Code 35–907.

1189), is amended by striking out “which shall not exceed fifty-five years, and that medical examinations are required of applicants for life benefits,”.
Approved October 5, 1962.
Public Law 87–758: To authorize the construction of a National Fisheries Center and Aquarium in the District of Columbia and to provide for its operation. Public Law 758 Public Law 87–758 76 Stat. 752 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–758
AN ACT To authorize the construction of a National Fisheries Center and Aquarium in the District of Columbia and to provide for its operation.

October 9, 1962

[H. R. 8181]

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

D. C.

National Fisheries Center and Aquarium.

Construction authorization.
authorization for national fisheries center and aquarium Section 1. (a) The Administrator of General Services (hereinafter referred to as the “Administrator”) is hereby authorized to plan, construct, and maintain a National Fisheries Center and Aquarium in the District of Columbia or its vicinity for research in fisheries and for the display of fresh water and marine fishes and other aquatic resources for educational, recreational, cultural, and scientific purposes. (b) The Administrator is further authorized to use Federal land and property for purposes of this Act with the consent of the particular agency having administrative jurisdiction thereover, and, if said property is unavailable for purposes hereof, he may purchase, lease, or otherwise acquire such lands, waters, and interests therein, as he may deem necessary to carry out the provisions of subsection (a) of this section.
operation of the national fisheries center and aquarium Sec. 2. (a) The Secretary of the Interior (hereinafter referred to as the “Secretary”) shall operate the National Fisheries Center and Aquarium. (b) The Secretary is further authorized to— (1) construct, purchase or lease, and operate and maintain vessels for specimen collecting purposes and, without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5), to contract for such collection of specimens and to purchase or exchange specimens and exhibit materials; 76 Stat. 753 (2) prepare for free distribution or exhibit or to offer for sale at cost illustrated catalogs of specimens, brochures, and other printed matter and films, animations and photographic and other material pertaining to the National Fisheries Center and Aquarium and its objectives and to aquariums generally, all or any of which may be reproduced by any printing or other process without regard to existing regulations, the proceeds of sales to be covered into the United States Treasury; (3) employ, as authorized by section 15 of the Administrative Expenses Act of 1946 (5 U.S.C., sec. 55a), but at rates not to

60 Stat. 810.

 exceed $50 per diem plus expenses, experts, consultants, or organizations thereof, as required to assist with the planning, design, construction, and operation of the National Fisheries Center and Aquarium; (4) permit on such terms and conditions as he shall consider to lie in the public interest the use of auditorium and other areas for meetings and exhibits of societies and groups whose purposes are related to fish and wildlife generally; and (5) encourage the use of the educational and scientific facilities and equipment at the National Fisheries Center and Aquarium by individuals of any nation with which the United States maintains diplomatic relations and which extends similar use of its educational and scientific facilities and equipment to citizens of the United States.
delegation of responsibility for operation of the national fisheries center and aquarium Sec. 3. The Secretary shall assign the responsibility for the operation of the National Fisheries Center and Aquarium and related activities to that branch of the Bureau of Sport Fisheries and Wildlife having as its major activity the rearing and holding of living fishes, including the operation of aquariums.
establishment of a national fisheries center and aquarium advisory board Sec. 4. There is hereby established a nonpartisan Advisory Board to lie known as the National Fisheries Center and Aquarium Advisory Board. The Advisory Board shall meet from time to time on the call of the Chairman. The functions of the Board shall be to render advice and to submit recommendations to the Secretary of the Interior upon his request, or upon its own initiative, concerning the management and operation of the National Fisheries Center and Aquarium. Five members shall constitute a quorum to transact business. The Secretary may designate an employee of the Department to serve as Executive Secretary to the Board.
members of the advisory board Sec. 5. (a) The Advisory Board shall be composed of nine members. The Secretary shall designate the Chairman of the Advisory Board. The Assistant Secretary of the Interior for Fish and Wildlife shall be a member of such Board ex officio. The remaining eight members of such Board shall be appointed as follows— (1) two Members of the Senate, appointed by the President of the Senate; 76 Stat. 754 (2) two Members of the House of Representatives, appointed by the Speaker of the House of Representatives; (3) two individuals appointed by the Secretary, one of whom shall be engaged in or closely associated with, sport fishing, and one of whom shall be engaged in, or closely associated with, commercial fishing; and (4) two individuals appointed by the Secretary from the public at large. (b) Bach class of two members of the Advisory Board referred to in subsection (a) shall be appointed for terms of four years, except that, of each such class of two members initially appointed, one shall be appointed for a term of two years. Any person appointed to fill a vacancy occurring prior to the expiration or the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Of each class of two members of such Board referred to in paragraphs (1) and (2) of subsection (a), not more than one shall be from the same political party, and not more than one shall be from the same State. Any member of such Board referred to in such paragraphs (1) and (2) who shall cease to be a Member of Congress during the term of his appointment under this section shall cease to be a member of such Board. (c) Any vacancy in the Advisory Board shall be filled in the same manner as in the case of the original appointment.
compensation of the advisory board Sec. 6. Members of the Advisory Board, other than members appointed under paragraphs (3) and (4) of subsection (a) of section 5, shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Board. Members of the Board appointed under paragraphs (3) and (4) of subsection (a) of section 5 may each receive $50 per diem when engaged in the actual performance of duties vested in the Board, in addition to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of such duties.
annual report Sec. 7. The Director of the National Fisheries Center and Aquarium shall prepare for the Advisory Board an annual report for presentation to the Secretary of the Interior and to the Congress.
appropriation Sec. 8. Funds appropriated and expended hereunder for construction of the buildings for the National Fisheries Center and Aquarium shall not exceed $10,000,000: Provided, That the expenditure of such funds shall be made subject to the condition that the Secretary of the Interior shall establish charges relating to visitation to and uses of the National Fisheries Center and Aquarium at such rates as in the Secretary’s judgment will produce revenues to (a) liquidate the costs of construction within a period of not to exceed thirty years and (b) pay for the annual operation and maintenance costs thereof.
Approved October 9, 1962.
Public Law 87–759: To establish the sesquicentennial commission for the celebration of the Battle of New Orleans, to authorize the Secretary of the Interior to acquire certain property within Chalmette National Historical Park, and for other purposes. Public Law 759 Public Law 87–759 76 Stat. 755 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 755 Public Law 87–759
JOINT RESOLUTION To establish the sesquicentennial commission for the celebration of the Battle of New Orleans, to authorize the Secretary of the Interior to acquire certain property within Chalmette National Historical Park, and for other purposes.

October 9, 1962

[S. J. Res. 60]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) there is hereby

Battle of New Orleans Sesquicentennial Celebration Commission.

Establishment.

established a commission to be known as the “Battle of New Orleans Sesquicentennial Celebration Commission” (hereinafter referred to as the “Commission”) which shall be composed of twenty-three members as follows: (1) Eight members who shall be Members of the Senate, to be appointed by the President of the Senate (two each from Louisiana, Kentucky, Mississippi, and Tennessee); (2) Eight members who shall be Members of the House of Representatives, to be appointed by the Speaker of the House of Representatives (two each from Louisiana, Kentucky, Mississippi, and Tennessee); (3) One representative of the Department of the Interior who shall be the Director of the National Park Service, or his designee, and who shall serve as executive officer of the Commission; and (4) Six members to be appointed by the President. (b) The President shall, at the time of appointment, designate one of the members appointed by him to serve as Chairman. The members of the Commission shall receive no salary.
Sec. 2. The function of the Commission shall be to develop and to

Function.

execute plans for the observance in December 1964 and January 1965 of the one hundred and fiftieth anniversary of the Battle of Chalmette, or New Orleans. In carrying out these functions, the Commission is authorized to cooperate with and to assist such groups as the State of Louisiana and the city of New Orleans may establish to celebrate the sesquicentennial of the Battle of New Orleans.
Sec. 3. The Commission may employ, without regard to the civil

Employees, compensation.

63 Stat. 954.

5 USC 1071 note.

service laws or the Classification Act of 1949, such employees as may be necessary in carrying out its functions: Provided, however, That no employee whose position would be subject to the Classification Act of 1949, as amended, if said Act were applicable to such position, shall be paid a salary at a rate in excess of the rate payable under said Act for positions of equivalent difficulty or responsibility. Such rates of compensation may be adopted by the Commission as may be authorized by the Classification Act of 1949, as amended, as of the same date such rates are authorized for positions subject to said Act. The Commission shall make adequate provision for administrative review of any determination to dismiss any employee.
Sec. 4. (a) The Commission is authorized to accept donations of

Acceptance of donations, etc.

money, property, or personal services; to cooperate with patriotic and historical societies and with institutions of learning; and to call upon other Federal departments or agencies for their advice and assistance in carrying out the purposes of this resolution. The Commission, to such extent as it finds to be necessary, may procure supplies, services, and property and make contracts, and may exercise those powers that are necessary to enable it to carry out efficiently and in the public interest the purposes of this resolution: Provided, however, That all expenditures of the Commission shall be made from donated funds only. (b) Expenditures of the Commission shall be paid by the executive officer of the Commission, who shall keep complete records of such expenditures and who shall account also for all funds received by the 76 Stat. 756(Commission. A report of the activities of the Commission, including an accounting of funds received and expended, shall be furnished by the Commission to the Congress within one year following the celebration a

Report to Congress.

Property, use.

s prescribed by this resolution. The Commission snail terminate upon submission of its report to the Congress. (c) Any property acquired by the Commission remaining upon termination of the celebration may be used by the Secretary of the Interior for purposes of the national park system or may be disposed of as surplus property. The net revenues, after payment of Commission expenses, derived from Commission activities, shall be deposited in the Treasury of the United States.
Sec. 5.

Lands, acquisition.

16 USC 231–231d.

Within the boundaries of Chalmette National Historical Park as designated by the Secretary of the Interior on March 20, 1958, pursuant to the Act of August 10, 1939 (53 Stat. 1342), and depicted on drawing numbered NHPCHAL–7008, said Secretary, notwithstanding the proviso in section 3 of said Act, is hereby authorized to acquire the following lands and interests in lands with funds heretofore appropriated and otherwise available for such purpose:

Beginning at the point of intersection of the west line of Fazendeville Road with a line 50 feet south of southerly boundary of right-of-way of the Louisiana Southern Railway at coordinate point X—2,425,730.76 and Y—467,506.11; (the bearings and coordinates herein stated are in accord with the Louisiana geodetic survey plane grid system); and running thence south 66 degrees 32 minutes 46 seconds east, parallel to said southerly boundary of right-of-way of Louisiana Southern Railway, a distance of 30 feet to coordinate point X—2,425,758.28 and Y—467,494.17; thence south 23 degrees 45 minutes 21 seconds west for a distance of 917.90 feet along the east right-of-way of Fazendeville Road to a point;

Thence south 66 degrees 14 minutes 39 seconds east for a distance of 161.83 feet to a point; thence south 23 degrees 45 minutes 21 seconds west on a line parallel to Fazendeville Road for a distance of 1,406.51 feet to a point; thence north 64 degrees 19 minutes 9 seconds west for a distance of 161.92 feet to a point on the east right-of-way of Fazendeville Road; thence south 23 degrees 45 minutes 21 seconds west along the east right-of-way of Fazendeville Road for a distance of 19.41 feet to a point;

Thence south 64 degrees 19 minutes 9 seconds east for a distance of 95.70 feet to a point; thence south 23 degrees 45 minutes 21 seconds west on a line parallel to Fazendeville Road for a distance of 54.90 feet to a point; thence north 64 degrees 19 minutes 9 seconds west for a distance of 95.70 feet to a point on the east right-of-way of Fazendeville Road; thence south 23 degrees 45 minutes 21 seconds along the east right-of-way of Fazendeville Road for a distance of 279.44 feet to a point;

Thence crossing Fazendeville Road on a line running north 49 degrees 02 minutes 49 seconds west for a distance of 31.40 feet to a point on the west right-of-way of Fazendeville Road; thence north 23 degrees 45 minutes 21 seconds east along the west right-of-way of Fazendeville Road for a distance of 2,663.28 feet to a point which is the point of beginning; containing 7.02 acres more or less, including 1.83 acres more or less within the right-of-way of the Fazendeville Road; and excluding lot 15, as shown on a map of survey by F. C. Gandolfo, Junior, dated January 9, 1953, and being in section 10 of township 13 south, range 12 east,, parish of Saint Bernard, State of Louisiana, and known locally as Fazendeville.
76 Stat. 757
Sec. 6. The joint resolution of July 14, 1960 (Public Law 86–650),

U. S. Constitution, anniversary.

74 Stat. 508.

is amended to read as follows:
“declaration of policy “Section 1. It is hereby declared to be the policy of the Congress to authorize appropriate activities on the part of the Federal Government in celebration of the one hundred and seventy-fifth anniversary of the formation of the Constitution of the United States and to provide a means whereby similar activities by the States and by the people may be encouraged and coordinated in a comprehensive national observance to the end that our citizens may gain a deeper appreciation of the priceless national heritage represented by the Constitution as a living document and a renewed zeal for the perpetuation and advancement of the ideals of government of which it is the embodiment.
“establishment of the commission “Sec. 2. (a) For the purpose of carrying out the policy set forth in section 1 of this Act, there is hereby established a commission, to be known as the ‘United States Constitution One Hundred and

United States Constitution One Hundred and Seventy-fifth Anniversary Commission.

Seventy-fifth Anniversary Commission’ (hereinafter referred to as the ‘Commission’) for the celebration of the one hundred and seventy-fifth anniversary of the existence of the Constitution, and to be composed of twelve Commissioners, as follows: The President of the United States; the President of the Senate and the Speaker of the House of Representatives, ex officio; three persons to be appointed by the President of the United States; three Senators to be appointed by the President of the Senate; and three Representatives by the Speaker of the House of Representatives. “(b) Service of an individual as a member of the Commission or employment of an individual by the Commission as an attorney, or expert in any business or professional field, on a part-time or full-time basis, with or without compensation, shall not be considered as service or employment bringing such individual within the provisions of sections 281, 283, 284, 434, or 1914 of title 18 of the United States Code, or section 190 of the Revised Statutes (5 U.S.C. 99).

Conflict of interest.

 “(c) Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. “(d) A person appointed to the Commission in the status of a Member of Congress, but who thereafter ceases to have such status, shall nevertheless continue as a member of the Commission.
“compensation of the commission “Sec. 3. The members of the Commission shall serve without compensation, but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission.
“organization and staff of the commission “Sec. 4. (a) The Commission shall select a Chairman from among its members. “(b) The Chairman may appoint an Executive Director, to serve at his pleasure, whose compensation shall be fixed by the Commission. “(c) The Executive Director, with the approval of the Chairman, may appoint and fix the compensation of such assistants and subordinates as he deems necessary. “(d) The Commission may procure temporary and intermittent services to the same extent as is authorized by section 15 of the Act of 76 Stat. 758

60 Stat. 810.

August 2, 1946 (5 U.S.C. 55a), but at rates not to exceed $50 per diem for individuals. “(e)

63 Stat. 954.

5 USC 1071 note.

 Neither the civil service laws nor the Classification Act of 1949, as amended, shall apply to any exercise of the authority conferred by subsection (b), (c), or (d) of this section: Provided, however, That no employee whose position would be subject to the Classification Act of 1949, as amended, if said Act were applicable to such position, shall be paid a salary at a rate in excess of the rate payable under said Act for positions of equivalent difficulty or responsibility. Such rates of compensation may be adopted by the Commission as may be authorized by the Classification Act of 1949, as amended, as of the same date such rates are authorized for positions subject to said Act. The Commission shall make adequate provision for administrative review of any determination to dismiss any employee. “(f) Mail matter sent by the Commission as penalty mail or franked mail shall be accepted for mail subject to Section 4156 of title 39,

74 Stat. 661.

United States Code, as amended.
“office space for the commission “Sec. 5. The Secretary of the Interior, after consultation with the Commission, shall make available to it such office space in a building or buildings in the Independence National Historical Park as, in the judgment of the Secretary, it may require for performance of its functions.
“duties of the commission “Sec. 6. (a) The Commission shall request the cooperation of appropriate officials in all branches, departments, and agencies of the United States in planning ceremonies or other activities in their respective components of the Federal Government in observance of the one hundred and seventy-fifth anniversary of the formation of the Constitution, and all such officials are authorized and requested to consult with the Commission. “(b) The Commission shall request the appointment by the Governors of each of the fifty States of individuals or committees to consult with the Commission and to assist in coordinating the activities of the Federal Government, the governments of the States, and private individuals and organizations in carrying out the purposes of this Act “(c) The Commission shall take appropriate action to encourage, assist, and coordinate activities by municipal, county, and other local governmental units in carrying out the purposes of this Act. “(d) The Commission snail make its assistance available to public and private schools in planning programs, ceremonies, and other activities, and obtaining written and audiovisual materials for use in such activities in connection with the anniversary. “(e) The Commission shall solicit the cooperation of colleges, universities, and other institutions of higher education in encouraging the study and understanding of the Constitution by suitable recognition through scholarships or otherwise of promising students who display an interest in it. “(f) The Commission shall solicit the cooperation of, and make its assistance available to, civic, patriotic, and religious organizations undertaking any activities in connection with the anniversary. “(g) The Commission shall endeavor to promote worldwide understanding of the United States Constitution by encouraging, and if practicable assisting in, student exchange programs and any other means by which citizens of foreign countries may be afforded opportunities to learn about our constitutional processes. 76 Stat. 759 “(h) The Commission is authorized to accept on behalf of the United States such gifts of money or other property as in its judgment may be appropriate to carry out the purposes of this Act, but shall be accountable therefor in the same manner as for appropriated funds or property purchased with appropriated funds.
“proclamations by the president “Sec. 7. The President is hereby authorized and requested to issue proclamations— “(1) designating September 17, 1962, as Constitution Day and

Constitution Day.

calling upon the people of the United States to observe such day with special ceremonies and other activities in celebration of the one hundred and seventy-fifth anniversary of the formation of the Constitution; “(2) designating December 15, 1962, as Bill of Rights Day and

Bill of Rights Day.

calling upon the people of the United States to observe such day with appropriate ceremonies and activities; and “(3) designating the period from September 17, 1962, to July 4, 1963, inclusive, as a period dedicated to a renewal of national awareness of the priceless heritage which the Constitution represents, and calling upon the people of the United States to engage in such educational and inspirational activities as will deepen their understanding of the Constitution and strengthen their devotion to it.
“distribution of copies of the constitution “Sec. 8. The Attorney General, acting through the Immigration and Naturalization Service, is hereby authorized and directed to make available a suitable copy of the Constitution of the United States and the amendments thereto to each person entering the,United States during the one-year period which begins on September 17, 1962.
“disposal of property of the commission “Sec. 9. (a) After the Commission has discharged all its functions pursuant to this Act except for those under this section and section 10, it shall transfer to the Secretary of the Interior such of its records and other property as in his judgment are appropriate for permanent preservation or display in the Independence National Historical Park. “(b) The Commission shall transfer the remainder of its records and property to the Administrator of General Services, who shall hold and dispose of such records and property in accordance with the Federal Property and Administrative Services Act of 1949.

63 Stat. 377.

40 USC 471 note.
“final report of commission “Sec. 10. The Commission shall make a final report of its activities to the Congress on or before the first day of the second session of the Eighty-eighth Congress, and upon the filing of such report, the Commission shall cease to exist.
“expenditures or the commission “Sec. 11. All expenditures of the Commission shall be made from donated funds only.”
Sec. 7. Nothing contained in this joint resolution shall affect the validity of actions heretofore lawfully taken under authority of the joint resolution of July 14, 1960 (Public Law 86–650).

74 Stat. 508.
Approved October 9, 1962.
Public Law 87–760: Authorizing the issuance of a gold medal to General of the Army Douglas MacArthur. Public Law 760 Public Law 87–760 76 Stat. 760 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 760 Public Law 87–760
JOINT RESOLUTION Authorizing the issuance of a gold medal to General of the Army Douglas MacArthur.

October 9, 1962

[S. J. Res. 228]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

General Douglas Mac Arthur.

Gold medal.
That, in recognition of the gallant service rendered by General of the Army Douglas MacArthur to his country, the President of the United States is authorized to award to General of the Army Douglas MacArthur, in the name of Congress, an appropriate gold medal. For such purpose the Secretary of the Treasury is authorized and directed to cause to be struck a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary.
Sec. 2. The Secretary of the Treasury is authorized and directed to coin and furnish to the MacArthur Memorial Foundation not more than five hundred thousand copies in bronze of such medal, of such size or sizes as shall be determined by the Secretary in consultation with the MacArthur Memorial Foundation. The medals shall be made and delivered at such times as may be required by the MacArthur Memorial Foundation in quantities of not less than two thousand. The medals shall be considered to be national medals within the meaning of section 3551 of the Revised Statutes.
Sec. 3.

31 USC 368.

 The Secretary of the Treasury shall cause such gold medals and such bronze medals to be struck and furnished at not less than the estimated cost of manufacture, including labor, materials, dies, use of machinery, and overhead expenses; and security satisfactory to the Director of the Mint shall be furnished to indemnify the United States for the full payment of such cost.
Approved October 9, 1962.
Public Law 87–761: To amend the Act of July 14, 1955, relating to air pollution control, to authorize appropriations for an additional two-year period, and for other purposes. Public Law 761 Public Law 87–761 76 Stat. 761 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–761
AN ACT To amend the Act of July 14, 1955, relating to air pollution control, to authorize appropriations for an additional two-year period, and for other purposes.

October 9, 1962

[S. 455]

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

Air pollution control.
That the first sentence of section 5 of the Act entitled “An Act to provide research and technical assistance relating to air pollution control”, approved July

69 Stat. 322; 73 Stat. 646.

15, 1955, as amended (42 U.S.C., sec. 1857d), is amended by striking out “nine fiscal years during the period beginning July 1, 1955, and ending June 30, 1964,” and inserting in lieu thereof “eleven fiscal years during the period beginning July 1, 1955, and ending June 30, 1966,”.
Sec. 2. Section 3 of the Act entitled “An Act to provide research and technical assistance relating to air pollution control”, approved

69 Stat. 322.

July 15, 1955, as amended (42 U.S.C., sec. 1857b), is amended by inserting “(a)” immediately after “Sec. 3.”, and by adding at the end thereof the following new subsection: “(b)

Motor vehicle exhausts.

Studies.

 In view of the nationwide significance of the problems of air pollution from motor vehicles, the Surgeon General shall conduct studies of the amounts and kinds of substances discharged from the exhausts of motor vehicles and of the effects of the discharge of such substances, including the amounts and kinds of such substances which, from the standpoint of human health, it is safe for motor vehicles to discharge into the atmosphere.”
Approved October 9, 1962.
Public Law 87–762: To authorize the Secretary of Interior to construct, operate, and maintain the Oroville-Tonasket unit of the Okanogan-Similkameen division. Chief Joseph Dam project, Washington, and for other purposes. Public Law 762 Public Law 87–762 76 Stat. 761 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 761 Public Law 87–762
AN ACT To authorize the Secretary of Interior to construct, operate, and maintain the Oroville-Tonasket unit of the Okanogan-Similkameen division. Chief Joseph Dam project, Washington, and for other purposes.

October 9, 1962

[S. 1060]

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

Interior Department.

Chief Joseph Dam project. Wash,

of furnishing a new and a supplemental water supply for the irrigation of approximately eight thousand four hundred and fifty acres of land in Okanogan County, Washington, for the purpose of undertaking the rehabilitation and betterment of existing works serving a major portion of these lands and for conservation and development of fish and wildlife resources, the Secretary of Interior is authorized to construct, operate, and maintain the Oroville-Tonasket unit of the Okanogan-Similkameen division of the Chief Joseph Dam project, in accordance with the provisions of the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). The principal works of the unit shall consist of:

43 USC 371 note.

facilities to permit enlargement and utilization of Palmer Lake storage; related canal, diversion dam, pumping plants, and distribution systems; and necessary works incidental to the rehabilitation of the existing irrigation system.
Sec. 2. The basic period provided in subsection (d), section 9,

Construction costs, repayment period.

53 Stat. 1195; 72 Stat. 542.

of the Reclamation Project Act of 1939, as amended (43 U.S.C. 485h), for repayment of the construction cost properly chargeable to any block of lands may be extended to fifty years, exclusive or any development period, from the time water is first delivered to that block. Power and energy required for irrigation pumping for the Oroville-Tonasket unit shall be made available by the Secretary from the Chief Joseph Dam powerplant and other Federal plants interconnected therewith at rates not to exceed the cost of such power and energy from the Chief Joseph Dam taking into account all costs of the dam, reservoir, and powerplant which are determined by the Secretary under the provisions of the Federal reclamation laws to be properly allocable to such irrigation pumping power and energy.
Sec. 3. The Secretary may make such provisions for fish and wild-life

Fish and wild-life conservation.

 conservation, including the installation, operation and maintenance of fish screens at the pump plants and diversion dam, and provision for sufficient flows in the rivers below Palmer Lake, as he finds to be required for the mitigation of losses or damages to existing fishery and wildlife resources, and, if he determines that it is practicable and desirable to reestablish anadromous fish runs in the Similkameen River, may make such provisions, including the construction, operation, and maintenance or fish ladders and other control works, and downstream flow releases as he finds to be required to accomplish that purpose. The Secretary is further authorized to make provisions for access to project areas for the general public, including fishermen and hunters. An appropriate portion of the construction costs of the unit shall be allocated as provided in the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661 et seq.), which,

60 Stat. 1080; 72 Stat. 563.

together with the portion of the operation, maintenance, and replacement costs allocated to this function or the equivalent capitalized value thereof, shall be nonreimbursable and nonretumable under the Federal reclamation laws.
Sec. 4. There are hereby authorized to be appropriated for construction

Appropriation.

of the works authorized by this Act not to exceed $3,210,000, 76 Stat. 762plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations from January 1961 construction costs as indicated by engineering cost indices applicable to the type of construction involved herein, and not to exceed $400,000 for carrying out the provisions of section 3 of this Act, in addition to the cost of fish screens, when the Secretary finds that conditions justify such expenditures. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said works.
Approved October 9, 1962.
Public Law 87–763: To amend section 6 of the Act of May 29, 1884. Public Law 763 Public Law 87–763 76 Stat. 762 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–763
AN ACT To amend section 6 of the Act of May 29, 1884.

October 9, 1962

[S. 3120]

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

Agriculture.

Diseased livestock and poultry.

Interstate movement.

44 Stat. 774.
That section 6 of the Act of May 29, 1884 (23 Stat. 32), as amended (21 U.S.C. 115), is further amended by changing the period at the end of such section to a colon and inserting immediately thereafter the following: “Provided, That such livestock or poultry may be so delivered and received for such transportation and so transported and moved if the Secretary of Agriculture determines that such action will not endanger the livestock or poultry of the United States and authorizes such action, and such delivery, receipt, transportation, and movement are made in strict compliance with such rules and regulations as the Secretary of Agriculture may prescribe to protect the livestock and poultry of the United States.”
Approved October 9, 1962.
Public Law 87–764: To amend section 142 of title 28, United States Code, with regard to furnishing court quarters and accommodations at places where regular terms of court are authorized to be held, and for other purposes. Public Law 764 Public Law 87–764 76 Stat. 762 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–764
AN ACT To amend section 142 of title 28, United States Code, with regard to furnishing court quarters and accommodations at places where regular terms of court are authorized to be held, and for other purposes.

October 9, 1962

[S. 3156]

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

District courts.

Quarters and accommodations.

62 Stat. 898.
That section 142 of title 28, United States Code, is amended by adding at the end of such section the following: “The foregoing restrictions shall not, however, preclude the Administrator of General Services, at the request of the Director of the Administrative Office of the United States Courts, from providing such court quarters and accommodations as the Administrator determines can appropriately be made available at places where regular terms of court are authorized by law to be held, but only if such court quarters and accommodations have been approved as necessary by the judicial council of the appropriate circuit.”
Approved October 9, 1962.
Public Law 87–765: To establish in the Library of Congress a library of musical scores and other instructional materials to further educational, vocational, and cultural opportunities in the field of music for blind persons. Public Law 765 Public Law 87–765 76 Stat. 763 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 763 Public Law 87–765
AN ACT To establish in the Library of Congress a library of musical scores and other instructional materials to further educational, vocational, and cultural opportunities in the field of music for blind persons.

October 9, 1962

[S. 3408]

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

Blind persons.

Library of musical scores.

Establishment.

Librarian of Congress shall establish and maintain a library of musical scores, instructional texts, and other specialized materials for the use of blind residents of the United states and its possessions in furthering their educational, vocational, and cultural opportunities in the field of music. Such scores, texts, and materials shall be made available on a loan basis under regulations developed by the Librarian or his designee in consultation with persons, organizations, and agencies engaged in work for the blind. (b) There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this Act.
Approved October 9, 1962.
Public Law 87–766: To consent to the amendment of the Pacific Marine Fisheries Compact and to the participation of certain additional States in such compact in accordance with the terms of such amendment. Public Law 766 Public Law 87–766 76 Stat. 763 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–766
AN ACT To consent to the amendment of the Pacific Marine Fisheries Compact and to the participation of certain additional States in such compact in accordance with the terms of such amendment.

October 9, 1962

[S. 3431]

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

Pacific Marine Fisheries Compact, amendment.

Congress is hereby given to (1) the amendment of the Pacific Marine Fisheries Compact, initially approved by the Act of July 24, 1947 (61 Stat. 419), between the States or California, Oregon, and Washington, by the addition of a new article XII to such compact as set forth in section 2 of this Act, and (2) to the participation in such compact, in accordance with the terms of such article, of the States of Alaska and Hawaii and any other State having rivers or streams tributary to the Pacific Ocean.
Sec. 2. Article XII of the Pacific Marine Fisheries Compact, as agreed to by the States of California, Oregon, and Washington, reads as follows:
“Article XII

“The States of Alaska or Hawaii, or any state having rivers or

Additional States.

Participation.

streams tributary to the Pacific Ocean may become a contracting state by enactment of the Pacific Marine Fisheries Compact. Upon admission of any new state to the compact, the purposes of the compact and the duties of the commission shall extend to the development of joint programs for the conservation, protection and prevention of physical waste of fisheries in which the contracting states are mutually concerned and to all waters of the newly admitted state necessary to develop such programs.

“This article shall become effective upon its enactment by the States of California, Oregon, and Washington and upon ratification by Congress by virtue of the authority vested in it under Article 1, section 10, of the Constitution of the United States.”
Sec. 3. The right to alter, amend, or repeal this Act is expressly

Reservation

reserved.
Approved October 9, 1962.
Public Law 87–767: Granting the consent and approval of Congress for the State of Maryland, the Commonwealth of Virginia, and the District of Columbia to amend the Washington Metropolitan Area Transit Regulation Compact, and for other purposes. Public Law 767 Public Law 87–767 76 Stat. 764 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 764 Public Law 87–767
JOINT RESOLUTION Granting the consent and approval of Congress for the State of Maryland, the Commonwealth of Virginia, and the District of Columbia to amend the Washington Metropolitan Area Transit Regulation Compact, and for other purposes.

October 9, 1962

[H. J. Res. 693]

Washington Metropolitan Area Transit Regulation Compact, amendment.

40 USC 651 note.

 Whereas the State of Maryland and the Commonwealth of Virginia have entered into a compact, known as the Washington Metropolitan Area Transit Regulation Compact, hereinafter called compact, creating the Washington Metropolitan Area Transit Commission, hereinafter called Commission; and Whereas Congress, by Public Law 86–794 (74 Stat. 1031), consented to the entry into the compact by the State of Maryland and the Commonwealth of Virginia, and authorized and directed the Board of Commissioners of the District of Columbia to enter into and execute the compact on behalf of the United States for the District of Columbia; and Whereas the Commission has recommended specific amendments to the compact, to wit: (1) To include within the Washington metropolitan area transit district the Dulles International Airport and all cities which lie within the metropolitan district; (2) To exempt from the Commission’s jurisdiction transportation performed by a carrier whose only transportation is between points outside the metropolitan district and points inside the metropolitan district; (3) To clarify the Commission’s jurisdiction over interstate taxicab operations; (4) To provide that the annual reports of the Commission lie submitted on a fiscal year basis; and Whereas the State of Maryland and the Commonwealth of Virginia have by legislation (chapter 114, Acts of Maryland General Assembly, 1962; and chapter 67, Acts of Virginia General Assembly, 1962) adopted identical amendments to the compact, to become effective upon consent of Congress, by which article I, and sections 1

74 Stat. 1032, 1035, 1049.

 and 24 of article XII, respectively, of the compact are amended to read as follows:
“article i “There is hereby created the Washington Metropolitan Area Transit District, hereinafter referred to as Metropolitan District, which shall embrace the District of Columbia, the cities of Alexandria and Falls Church, the counties of Arlington and Fairfax, and political subdivisions of the State of Virginia located within those counties and that portion of Loudoun County, Virginia, occupied by the Dulles International Airport and the counties of Montgomery and Prince Georges, in the State of Maryland and political subdivisions of the State of Maryland located within said counties, and all other cities now or hereafter existing in Maryland or Virginia within the geographic area bounded by the outer boundaries of the combined area of said counties, cities and airport.
“article xii “Transportation Covered “(1) (a) This Act shall apply to the transportation for hire by any carrier of persons between any points in the Metropolitan 76 Stat. 765District and to the persons engaged in rendering or performing such transportation service, except— “(1) transportation by water; “(2) transportation by the Federal Government, the signatories hereto, or any political subdivision thereof; “(3) transportation by motor vehicles employed solely in transporting school children and teachers to or from public or private schools; “(4) transportation performed in the course of an operation over a regular route, between a point in the Metropolitan District and a point outside the Metropolitan District, including transportation between points on such regular route within the Metropolitan District as to interstate and foreign commerce, if authorized by certificate of public convenience and necessity or permit issued by the Interstate Commerce Commission, and any carrier whose only transportation within the Metropolitan District is within this exemption shall not be deemed to lie a carrier subject to the Compact; provided, however, if the primary function of a carrier’s entire operations is the furnishing of mass transportation service within the Washington Metropolitan Area Transit District, then such operations in the Metropolitan District shall be subject to the jurisdiction of the Commission; “(5) transportation performed by a common carrier by rail-road subject to Part I of the Interstate Commerce Act, as amended.

24 Stat. 379.

49 USC 1 et seq.

 “(b) The provisions of this Title II shall not apply to transportation as specified in this section solely within the Commonwealth of Virginia and to the activities of persons engaged in such transportation, nor shall any provision of this Title II be construed to infringe the exercise of any power or the discharge of any duties conferred or imposed upon the State Corporation Commission of the Commonwealth of Virginia by the Virginia Constitution. “(c) Notwithstanding the provisions of paragraph (a) of this section, this Act shall apply to taxicabs and other vehicles used in performing a bona fide taxicab service having a seating capacity of eight passengers or less in addition to the driver thereof with respect only to (i) the rate or charges for transportation from one signatory to another within the confines of the Metropolitan District, and (ii) requirements for minimum insurance coverage.
“Annual Report of the Commission “24. The Commission shall make an annual report for each fiscal year ending June thirtieth, to the Governor of Virginia and the Governor of Maryland, and to the Board of Commissioners of the District, of Columbia as soon as practicable after June thirtieth, but no later than the 1st day of January of each year, which shall contain, in addition to a report of the work performed under this Act, such other information and recommendations concerning passenger transportation within the Metropolitan District, as the Commission deems advisable.” Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Consent of Congress.
That the consent of Congress is hereby given to the State of Maryland and the Commonwealth of Virginia to effectuate the foregoing amendments to the compact, 76 Stat. 766and the Commissioners of the District of Columbia are authorized and directed to effectuate said amendments on behalf of the United States for the District of Columbia.
Sec. 2.

Repeal.

 Section 5 of Public Law 86–794 (74 Stat. 1050) is repealed.
Sec. 3. The right of Congress to alter, amend, or repeal this Act is hereby expressly reserved.
Approved October 9, 1962.
Public Law 87–768: To modify the application of the personal holding company tax in the case of consumer finance companies. Public Law 768 Public Law 87–768 76 Stat. 766 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–768
AN ACT To modify the application of the personal holding company tax in the case of consumer finance companies.

October 9, 1962

[H. R. 8824]

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

Consumer finance companies.

Personal holding company tax, exception.

68A Stat. 182.

26 USC 542.
That section 542(c)(7) of the Internal Revenue Code of 1954 (relating to exceptions to the term “personal holding company”) is amended to read as follows: “(7) a lending company, not otherwise excepted by this subsection, authorized to engage in and actively and regularly engaged in the small loan business (consumer finance business) under one or more State statutes providing for the direct regulations of such business, 80 percent or more of the gross income of which consists of either or both of the following— “(A) lawful interest, discount, or other authorized charges received from loans made to individuals in accordance with the provisions of applicable State law, and “(B) lawful income received from domestic subsidiary corporations (of which stock possessing at least 80 percent of the voting power of all classes of stock and of which at least 80 percent of each class of the non voting stock is owned directly by such lending company), which are themselves excepted under this paragraph or paragraph; (6), (8), or (9) of this subsection, if at least 60 percent of the gross income is lawful interest, discount, or other authorized charges received from loans made in accordance with the provisions of such small loan (consumer finance) laws to individuals, each of whose indebtedness to such company did not at any time during the taxable year exceed in principal amount the limit prescribed for small loans by such law (or, if there is no such limit, $1,500), and if the deductions allowed to

68A Stat. 45.

such company under section 162 (relating to trade or business expenses), other than for compensation for personal services rendered by shareholders (including members of the shareholder’s

68A Stat. 188.

family as described in section 544(a)(2)), constitute 15 percent or more of its gross income, and the loans to a person, who is a shareholder in such company during the taxable year by or for whom 10 percent or more in value of its outstanding stock is owned directly or indirectly (including, in the case of an individual, stock owned by the members of his family as defined in section 544(a)(2)), outstanding at any time during such year do not exceed $5,000 in principal amount;”.
Sec. 2.

Effective date.

 The amendment made by the first section of this Act shall apply with respect to taxable years beginning after December 31, 1961.
Approved October 9, 1962.
Public Law 87–769: To amend title 10, United States Code, to authorize the Secretary of Defense, the Secretaries of the military departments, and the Secretary of the Treasury to settle certain claims for damage to, or loss of, property, or personal injury or death, not cognizable under any other law. Public Law 769 Public Law 87–769 76 Stat. 767 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 767 Public Law 87–769
AN ACT To amend title 10, United States Code, to authorize the Secretary of Defense, the Secretaries of the military departments, and the Secretary of the Treasury to settle certain claims for damage to, or loss of, property, or personal injury or death, not cognizable under any other law.

October 9, 1962

[H. R. 310]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That title 10, United

Armed Forces.

Property damage or personal injury claims, settlement authority.

70A Stat. 152.

10 USC 2731–2735.

States Code, is amended as follows: (1) Chapter 163 is amended— (A) by adding the following new section at the end thereof:
“§ 2736. Property loss; personal injury or death: incident to use of property of the United States and not cognizable under other law “(a) Under such regulations as the Secretary concerned may prescribe, he or his designee may settle and pay, in an amount not more than $1,000, a claim against the United States, not cognizable under any other provision of law, for— “(1) damage to, or loss of, property; or “(2) personal injury or death; caused by a civilian official or employee of a military department or the Coast Guard, or a member of the armed forces, incident to the use of a vehicle of the United States at any place, or any other property of the United States on a Government installation. “(b) Under such regulations as the Secretary of Defense may prescribe, he or his designee has the same authority as the Secretary of a military department with respect to a claim, not cognizable under any other provision of law, for— “(1) damage to, or loss of, property; or “(2) personal injury or death; caused by a civilian official or employee of the Department of Defense not covered by subsection (a), incident to the use of a vehicle of the United States at any place, or any other property of the United States on a Government installation. “(c) A claim may not be allowed under subsection (a) or (b) if the damage to, or loss of, property, or the personal injury or death was caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee. “(d) A claim for personal injury or death under this section may not be allowed for more than the cost of reasonable medical, hospital, and burial expenses actually incurred, and not otherwise furnished or paid by the United States. “(e) No claim may be allowed under this section unless it is presented in writing within two years after it accrues. “(f) A claim may not be paid under subsection (a) or (b) unless the amount tendered is accepted by the claimant in full satisfaction. “(g) No claim or any part thereof, the amount of which is legally recoverable by the claimant under an indemnifying law or indemnity contract, may be paid under this section. No subrogated claim may be paid under this section. “(h) So far as practicable, regulations prescribed under this section shall be uniform. Regulations prescribed under this section by the Secretaries of the military departments must be approved by the Secretary of Defense.”; and
76 Stat. 768 (B) by adding the following item at the end of the analysis: “2736. (2)

Repeal.

 Chapter 653 is amended— (A)

70A Stat. 473.

 by repealing section 7625; and (B) by striking out the following item in the analysis: “7625.
Approved October 9, 1962.
Public Law 87–770: To provide for the exemption of fowling nets from duty, and for other purposes. Public Law 770 Public Law 87–770 76 Stat. 768 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–770
AN ACT To provide for the exemption of fowling nets from duty, and for other purposes.

October 9, 1962

[H. R. 6682]

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

Fowling nets.

Free importation.

46 Stat. 679.
That paragraph 1725 of the Tariff Act of 1930, as amended (U.S. Code, title 19, sec. 1201, par. 1725), is hereby further amended to read as follows: “Par. 1725. (a) Nets or finished sections of nets for use in otter trawl fishing, if composed wholly or in chief value of manila. “(b) Nets or sections or parts of nets, finished or unfinished, of whatever material or materials composed, for use in taking wild birds under license issued by an appropriate Federal or State governmental authority.”
Sec. 2.

Local advertising.

Definition.

74 Stat. 1017.

 (a) Section 4216(f)(4)(C) of the Internal Revenue Code of 1954 (relating to the definition of local advertising) is amended by striking out “or appears in a newspaper” and inserting in lieu thereof “, appears in a newspaper or magazine, or is displayed by means of an outdoor advertising sign or poster”. (b) The amendment made by subsection (a) shall apply with respect to articles sold on or after the first day of the first calendar quarter beginning more than 20 days after the date of the enactment of this Act.
Approved October 9, 1962.
Public Law 87–771: To amend section 514(1) of the Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended. Public Law 771 Public Law 87–771 76 Stat. 769 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–771
AN ACT To amend section 514(1) of the Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended.

October 9, 1962

[H. R. 9747]

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

Soldiers’ and Sailors’ Civil Relief Act of 1940, amendment.

58 Stat. 722.
That section 514(1) of the Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended (50 U.S.C. App. 574(1)), is amended— (1) by striking out the colon before the proviso and inserting a period in place thereof; and (2) by inserting the following before the proviso: “Where the owner of personal property is absent from his residence or domicile solely by reason of compliance with military or naval orders, this section applies with respect to personal property, or the use thereof, within any tax jurisdiction other than such place of residence or domicile, regardless of where the owner may be serving in compliance with such orders:”.
Approved October 9, 1962.
Public Law 87–772: To amend the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946, as amended. Public Law 772 Public Law 87–772 76 Stat. 769 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 769 Public Law 87–772
AN ACT To amend the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946, as amended.

October 9, 1962

[H. R. 4333]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That paragraph (1)

Trademarks.

Registration and protection.

of subsection (a) of section 1 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (60 Stat. 427), as amended,

15 USC 1051.

 is amended by striking the words “as might be calculated to deceive” and inserting in lieu thereof “as to be likely, when applied to the goods of such other person, to cause confusion, or to cause mistake, or to deceive”; and by striking the words “or services” from the proviso thereof.
Sec. 2. Subsection (d) of section 2 is amended by striking the

Concurrent registration.

15 USC 1052.

language beginning with the word “confusion”, first appearance, and ending with the word “herewith” at the end of said subsection and inserting in lieu thereof the following: “confusion, or to cause mistake, or to deceive: Provided, That when the Commissioner determines that confusion, mistake, or deception is not likely to result from the continued use by more than one person of the same or similar marks under conditions and limitations as to the mode or place of use of the marks or the goods in connection with which such marks are used, concurrent registrations may be issued to such persons when they have become entitled to use such marks as a result of their concurrent lawful use in commerce prior to (i) the earliest of the filing dates of the applications pending or of any registration issued under This Act; or (ii) July 5, 1947, in the case of registrations previously issued under the Act of March 3, 1881, or February 20, 1905, and continuing in full

21 Stat. 502.

33 Stat. 724.

15 USC 81 note.

force and effect on that date; or (iii) July 5, 1947, in the case of applications filed under the Act of February 20, 1905, and registered after July 5, 1947. Concurrent registrations may also be issued by the Commissioner when a court of competent jurisdiction has finally determined that more than one person is entitled to use the same or similar marks in commerce. In issuing concurrent registrations, the Commissioner shall describe conditions and limitations as to the mode or place of use of (he mark or the goods in connection with which such mark is registered to the respective persons.”
Sec. 3. Section 6 is amended by striking the entire section and

Unregistrable matter, disclaimer.

15 USC 1056.

inserting in lieu thereof the following:
“Sec. 6. (a) The Commissioner may require the applicant to disclaim an unregistrable component of a mark otherwise registrable. An applicant may voluntarily disclaim a component of a mark sought to be registered. “(b) No disclaimer, including those made under paragraph (d) of section 7 of this Act, shall prejudice or affect the applicant’s or registrant’s

Post, p. 770.

rights then existing or thereafter arising in the disclaimed matter, or his right of registration on another application if the disclaimed matter be or shall have become distinctive of his goods or services.”
Sec. 4.

The first sentence of subsection (a) of section 7 is amended

Registration certificates.

15 USC 1057.

by striking therefrom the word “either”; by striking the words “name printed” and inserting in lieu thereof the words “signature placed”; by striking the words “and attested by an assistant commissioner or by one of the law examiners duly designated by the Commissioner,” and by striking the words “and a record thereof, together with printed 76 Stat. 770copies of the drawing and statement of the applicant, shall be kept in books for that purpose” and inserting in lieu thereof the words “, and a record thereof shall be kept in the Patent Office.” The second sentence of subsection (a) of section 7 is amended by striking therefrom the word “certificate” and inserting the word “registration” in lieu thereof; by striking therefrom the words “the drawing of”; and by striking the words “the grant of”.

Surrender, cancellation, or amendment.

Subsection (d) of section 7 is amended by striking the entire subsection and inserting in lieu thereof the following: “Upon application of the registrant the Commissioner may permit any registration to be surrendered for cancelation, and upon cancelation appropriate entry shall be made in the records of the Patent Office. Upon application of the registrant and payment of the prescribed fee, the Commissioner for good cause may permit any registration to be amended or to be disclaimed in part: Provided, That the amendment or disclaimer does not alter materially the character of the mark. Appropriate entry shall be made in the records of the Patent Office and upon the certificate of registration or, if said certificate is lost or destroyed, upon a certified copy thereof.”

Patent Office records.

Subsection (e) of section 7 is amended by striking the words “certificates of”; by adding an “s” to the word “registration”; and striking the words “a chief of division” and inserting in lieu thereof “an employee of the Office”.

Mistakes, correction.

Subsection (f) of section 7 is amended by striking from the first sentence the words “, signed by the Commissioner and sealed with the seal of the Patent Office”; by striking the word “certificate”, second occurrence; and by striking the word “certificate”, third occurrence, and inserting the word “registration” in lieu thereof.
Sec. 5.

Registration renewal.

15 USC 1059.

 Section 9 is amended by striking the entire section and inserting in lieu thereof the following:
“Sec. 9. (a) Each registration may be renewed for periods of twenty years from the end of the expiring period upon payment of the prescribed fee and the filing of a verified application therefor, setting forth those goods or services recited in the registration on or in connection with which the mark is still in use in commerce and having attached thereto a specimen or facsimile showing current use of the mark, or showing that any nonuse is due to special circumstances which excuse such nonuse and it is not due to any intention to abandon the mark. Such application may be made at any time within six months before the expiration of the period for which the registration was issued or renewed, or it may be made within three months after such expiration on payment of the additional fee herein prescribed. “(b) If the Commissioner refuses to renew the registration, he shall notify the registrant of his refusal and the reasons therefor. “(c)

60 Stat. 427.

15 USC 1051.

 An applicant for renewal not domiciled in the United States shall be subject to and comply with the provisions of section 1(d) hereof.”
Sec. 6.

Assigned registration, cancellation.

15 USC 1060.

 Section 10 is amended by changing the colon following the word “conducted” to a period and striking the words “Provided, That any assigned registration may be canceled at any time if the registered mark is being used by, or with the permission of, the assignee so as to misrepresent the source of the goods or services in connection with which the mark is used”; and striking the sentence “The Commissioner shall keep a separate record of such assignments submitted to him for recording.” and inserting in lieu thereof “A separate record of assignments submitted for recording hereunder shall be maintained in the Patent Office.”
Sec. 7.

15 USC 1062.

Subsection (a) of section 12 is amended by changing the period at the end thereof to a colon and inserting after the colon the 76 Stat. 771following: “Provided, That in the ease of an applicant claiming concurrent use, or in the case of an application to be placed in an interference as provided for in section 16 of this Act, the mark, if otherwise

15 USC 1066.

registrable, may be published subject to the determination of the rights of the parties to such proceedings.”

Subsection (c) of section 12 is amended by striking therefrom the

15 USC 1062.

first word of the last sentence and inserting in lieu thereof the words “Marks published under this”.
Sec. 8. Section 13 is amended by striking the words “notice of” each

15 USC 1063.

occurrence, and by adding at the end t hereof the following sentence: “An opposition may be amended under such conditions as may be prescribed by the Commissioner.”
Sec. 9. Section 14 is amended by striking said section in its entirety

Registration cancellation, petition.

and inserting in lieu thereof the following:
“Sec. 14. A verified petition to cancel a registration of a mark, stating the grounds relied upon, may, upon payment of the prescribed fee, be filed by any person who believes that he is or will he damaged by the registration of a mark on the principal register established by this Act, or under the Act of March 3, 1881, or the Act of February 20,

21 Stat. 502.

33 Stat. 724.

15 USC 81 note.

1905— “(a) within five years from the date of the registration of the mark under this Act; or “(b) within five years from the date of publication under section 12(c) hereof of a mark registered under the Act of March 3, 1881, or the Act of February 20, 1905; or “(c) at any time if the registered mark becomes the common descriptive name of an article or substance, or has been abandoned, or its registration was obtained fraudulently or contrary to the provisions of section 4 or of subsections (a), (b), or (c) of section 2 of this Act for a registration hereunder, or contrary to similar

15 USC 1054, 1052.

 prohibitory provisions of said prior Acts for a registration thereunder, or if the registered mark is being used by, or with the permission of, the registrant so as to misrepresent the source of the goods or services in connection with which the mark is used; or “(d) at any time if the mark is registered under the Act of March 3, 1881, or the Act of February 20, 1905, and has not been published under the provisions of subsection (c) of section 12 of this Act; or “(e) at any time in the case of a certification mark on the ground that the registrant (1) does not control, or is not able legitimately to exercise control over, the use of such mark, or (2) engages in the production or marketing of any goods or services to which the certification mark is applied, or (3) permits the use of the certification mark for purposes other than to certify, or (4) discriminately refuses to certify or to continue to certify the goods or services of any person who maintains the standards or conditions which such mark certifies: “Provided, That the Federal Trade Commission may apply to cancel on the grounds specified in subsections (c) and (e) of this section any mark registered on the principal register established by this Act, and the prescribed fee shall not be required.”
Sec. 10.

Section 15 is amended by striking “(c) and (d)” in the first

15 USC 1065.

paragraph and inserting in lieu thereof the following: “(c) and (e)”.

Section 15 is amended by striking “or trade name” from paragraph numbered (4).
Sec. 11. Section 16 is amended by striking therefrom the word “purchasers”.
Sec. 12. Section 21 is amended by striking the entire section, and

15 USC 1071.

inserting in lieu thereof the following: 76 Stat. 772
“Sec. 21.

Appeals, procedure.

 (a) (1) An applicant for registration of a mark, party to an interference proceeding, party to an opposition proceeding, party to an application to register as a lawful concurrent user, party to a cancellation proceeding, a registrant who has filed an

15 USC 1058.

affidavit as provided in section 8, or an applicant for renewal, who is dissatisfied with the decision of the Commissioner or Trademark Trial and Appeal Board, may appeal to the United States Court of Customs and Patent Appeals thereby waiving his right to proceed under section 21(b) hereof: Provided, That such appeal shall be dismissed if any adverse party to the proceeding, other than the Commissioner, shall, within twenty days after the appellant has filed notice of appeal according to section 21(a)(2) hereof, files notice with the Commissioner that he elects to have all further proceedings conducted as provided in section 21(b) hereof. Thereupon the appellant shall have thirty day’s thereafter within which to file a civil action under said section 21(b), in default of which the decision appealed from shall govern the further proceedings in the case. “(2) When an appeal is taken to the United States Court of Customs and Patent Appeals, the appellant shall give notice thereof to the Commissioner, and shall file in the Patent Office his reasons of appeal, specifically set forth in writing, within such time after the date of the decision appealed from, not less than sixty days, as the Commissioner appoints. “(3) The court shall, before hearing such appeal, give notice of the time and place of the hearing to the Commissioner and the parties thereto. The Commissioner shall transmit to the court certified copies of all the necessary original papers and evidence in the case specified by the appellant and any additional papers and evidence specified by the appellee, and in an ex parte case the Commissioner shall furnish the court with the grounds of the decision of the Patent Office, in writing, touching all the points involved by the reasons of appeal. “(4) The court shall near and determine such appeal on the evidence produced before the Patent Office, and the decision shall be confined to the points set forth in the reasons of appeal. Upon its determination, the court shall return to the Commissioner a certificate of its proceedings and decision, which shall be entered of record in the Patent Office and govern the further proceedings in the case. “(b)

Civil action.

 (1) Whenever a person authorized by section 21(a) hereof to appeal to the United States Court of Customs and Patent Appeals is dissatisfied with the decision of the Commissioner or Trademark Trial and Appeal Board, said person may, unless appeal has been taken to said Court of Customs and Patent Appeals, nave remedy by a civil action if commenced within such time after such decision, not less than sixty days, as the Commissioner appoints or as provided in section 21(a). The court may adjudge that an applicant is entitled to a registration upon the application involved, that a registration involved should be canceled, or such other matter as the issues in the proceeding require, as the facts in the case may appear. Such adjudication shall authorize the Commissioner to take any necessary action, upon compliance with the requirements of law. “(2) Tlie Commissioner shall not be made a party to an inter partes proceeding under this subsection, but he shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall have the right to intervene in the action. “(3) In all cases where there is no adverse party, a copy of the complaint shall be served on the Commissioner; and all the expenses of the proceedings shall be paid by the party bringing them, whether the final decision is in his favor or not. In suits brought hereunder, the record in the Patent Office shall be admitted on motion of any 76 Stat. 773party, upon such terms and conditions as to costs, expenses, and the further cross-examination of the witnesses as the court imposes, without prejudice to the right of any party to take further testimony. The testimony and exhibits of the record in the Patent Office, when admitted, shall have the same effect as if originally taken and produced in the suit. “(4) Where there is an adverse party, such suit may be instituted against the party in interest as shown by the records of the Patent Office at the time of the decision complained of, but any party in interest, may become a party to the action. If there be adverse parties residing in a plurality of districts not embraced within the same State, or an adverse party residing in a foreign country, the United States District Court for the District of Columbia shall have jurisdiction and may issue summons against the adverse parties directed to the marshal of any district in which any adverse party resides. Summons against adverse parties residing in foreign countries may be served by publication or otherwise as the court directs.”
Sec. 13. Section 23 is amended by striking from the last paragraph

60 Stat. 435.

15 USC 1091.

thereof the words “has begun the lawful use of his mark in foreign commerce and that he”.
Sec. 14. Section 24 is amended by inserting in the second sentence

15 USC 1092.

 thereof, following the word “time”, the following: “, upon payment of the prescribed fee and the filing of a verified petition stating the ground therefor,”; and by inserting in the third sentence following the word “Board” the word “which”.
Sec. 15. Section 29 is amended by deleting the following: “under

15 USC 1111.

21 Stat. 502.

33 Stat. 724.

15 USC 81 note.

the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register established by this Act, shall” and inserting in lieu thereof the following: “in the Patent Office, may”; and by deleting “so to mark goods bearing the registered mark, or by a registrant under the Act of March 19, 1920, or by the registrant of a mark on the

41 Stat. 533.

15 USC 81 note.

supplemental register provided by this Act” and inserting in lieu thereof “to give such notice of registration,”.
Sec. 16. Section 30 is amended by striking the word “shall” in the

15 USC 1112.

first sentence and inserting in lieu thereof the word “may”; and by striking therefrom all of said section except the first sentence thereof and inserting in lieu thereof the following: “The applicant may file an application to register a mark for any or all of the goods and services upon or in connection with which he is actually using the mark: Provided, That when such goods or services fall within a plurality of classes, a fee equaling the sum of the fees for filing an application in each class shall be paid, and the Commissioner may issue a single certificate of registration for such mark.”
Sec. 17. Subsection (1) of section 32 is amended by striking the

15 USC 1114.

entire subsection and inserting in lieu thereof the following: “Any person who shall, without the consent of the registrant—

Infringement.

 “(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or “(b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive. 76 Stat. 774 shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive.”

Paragraph (b) of subsection (2) of section 32 is amended by striking the word “published” and inserting in lieu thereof the word “publisher”.
Sec. 18.

Registered mark.

60 Stat. 438.

15 USC 1115.

Subsection (a) of section 33 is amended by striking therefrom the words “certificate of” in the first line, and changing “certificate”, second appearance, to “registration”.

Subsection (b) of section 33 is amended by striking the word “certificate”, first appearance, and inserting the word “registration” in lieu thereof and by striking therefrom the word “certificate”, second appearance, and inserting in lieu thereof “affidavit filed under the

Ante, p. 771.

provisions of said section 15”.

Paragraph (3) of subsection (b) of section 33 is amended by striking therefrom the words “has been assigned and”; and by striking therefrom the word “assignee” and inserting in lieu thereof the words “registrant or a person in privity with the registrant”.

Paragraph (5) of subsection (b) of section 33 is amended by striking therefrom the word “the” following the words “date prior to” and inserting in lieu thereof the words “registration of the mark under this Act or”; by striking therefrom “(a) or” following the word “subsection”; and by changing the period to “; or”.

Paragraph (6) of subsection (b) of section 33 is amended by inserting the words “registration under this Act or” after the word “the”, second appearance; by striking therefrom “(a) or” following the word “subsection”, first appearance; by striking from the proviso the words “only where the said mark has been published pursuant to subsection

Ante, p. 771.

(c) of section 12 and shall apply”; by striking the words “the date of” following the words “prior to” in said proviso and inserting in lieu thereof “such registration or such”; by striking therefrom the words “under subsection (a) or (c) of section 12 of this Act”; and by changing the period to “; or”.
Sec. 19.

15 USC 1117.

 Section 35 is amended by striking “31(1)(b)” and inserting in lieu thereof “32”.
Sec. 20.

International onventions.

15 USC 1126.

 Subsection (b) of section 44 is amended by striking said subsection in its entirety and inserting in lieu thereof the following: “(b) Any person whose country of origin is a party to any convention or treaty relating to trademarks, trade or commercial names, or the repression of unfair competition, to which the United States is also a party, or extends reciprocal rights to nationals of the United States by law, shall be entitled to the benefits of this section under the conditions expressed herein to the extent necessary to give effect to any provision of such convention, treaty or reciprocal law, in addition to the rights to which any owner of a mark is otherwise entitled by this Act.”

Subsection (e) of section 44 is amended by inserting after the word “a” in the second sentence the words “certification or a”; and by striking from said second sentence the words “application for or”.
Sec. 21.

Definitions.

15 USC 1127.

Section 45 is amended as follows: The sixth paragraph of said section, relating to the definition of “applicant, registrant”, is amended by changing “and”, second appearance, to “, predecessors,”.

The ninth paragraph of said section, relating to the meaning of the terms “trade name” and “commercial name”, is amended by inserting a comma between the words “commercial” and “agricultural”.

The eleventh paragraph of said section, being the definition of “service mark”, is amended by striking the definition in its entirety and inserting in lieu thereof:

76 Stat. 775

“The term ‘service mark’ means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services or others. Titles, character names and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.”

The fifteenth paragraph of said section, relating to use in commerce, is amended by changing the period at the end of said paragraph to a comma and adding the words “or the services are rendered in more than one State or in this and a foreign country and the person rendering the services is engaged in commerce in connection therewith.”

The seventeenth paragraph of said section, relating to the meaning of the term “colorable imitation”, is amended by changing “terms” to “term” and deleting the word “purchasers” at the end thereof.

The final paragraph of said section is amended by striking therefrom the word “commence” and inserting in lieu thereof the word “commerce”.
Approved October 9, 1962.
Public Law 87–773: To provide criminal penalties for trafficking in phonograph records tearing forged or counterfeit labels. Public Law 773 Public Law 87–773 76 Stat. 775 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–773
AN ACT To provide criminal penalties for trafficking in phonograph records tearing forged or counterfeit labels.

October 9, 1962

[H. R. 11793]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That chapter 113,

Phonograph records bearing forged labels.

Penalty for transportation.

title 18, United States Code, as amended, is further amended by adding at the end thereof the following new section:
“§ 2318. Transportation, sale, or receipt of phonograph records bearing forged or counterfeit labels “Whoever knowingly and with fraudulent intent transports, causes to be transported, receives, sells, or offers for sale in interstate or foreign commerce any phonograph record, disk, wire, tape, film, or other article on which sounds are recorded, to which or upon which is stamped, pasted, or affixed any forged or counterfeited label, knowing the label to have been falsely made, forged, or counterfeited, shall be fined not more than $1,000 or imprisoned not more than one year, or both.”
Sec. 2. The chapter analysis of chapter 113, title 18, United States Code, is amended by adding at the end thereof the following: “Sec. 2318.
Approved October 9, 1962.
Public Law 87–774: To eliminate the requirements for certain detailed estimates in the annual budgets. Public Law 774 Public Law 87–774 76 Stat. 775 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–774
AN ACT To eliminate the requirements for certain detailed estimates in the annual budgets.

October 9, 1962

[H. R. 10613]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (d) of section 5 of the Act of July 16, 1914, as amended by section 16 of the Administrative Expenses Act of 1946 (5 U.S.C. 78(d)) is

60 Stat. 810.

Repeal.

 repealed.
Approved October 9, 1962.
Public Law 87–775: To provide for the disposition of judgment funds of the Cherokee Nation or Tribe of Indians of Oklahoma. Public Law 775 Public Law 87–775 76 Stat. 776 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 776 Public Law 87–775
AN ACT To provide for the disposition of judgment funds of the Cherokee Nation or Tribe of Indians of Oklahoma.

October 9, 1962

[H. R. 11590]

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

Indians.

Cherokee Tribe, Okla.

Judgment funds, disposition.

25 USC 355 note.
That the Secretary of the Interior is authorized and directed to distribute per capita to all persons whose names appear on the rolls of the Cherokee Nation, which rolls were closed and made final as of March 4, 1907, pursuant to the Act of April 26, 1906 (34 Stat. 137), and subsequent additions thereto, all funds which were appropriated by the Act of September 30, 1961 (75 Stat. 733), in satisfaction of a judgment that was obtained by the Cherokee Tribe in the Indian Claims Commission against the United States in docket numbered 173, together with the interest accrued thereon, except $1,432,084.17 which by stipulation of the parties has been set aside tor the payments of any offsets that are finally determined to be due the United States, and except the amount allowed for attorney fees and expenses.
Sec. 2.

Share payments.

 (a) Except as provided in subsections (b) and (c) of this section, a share or proportional share payable to a living adult shall be paid directly to such adult; (b) a share payable to a deceased enrollee shall be distributed to his heirs or legatees upon the filing of proof of death and inheritance satisfactory to the Secretary of the Interior, or his authorized representative, whose findings and determinations upon such proof shall be final and conclusive: Provided, That proportional snares of deceased heirs amounting to $10 or less shall not be distributed, and no inherited share amounting to $5 or less shall be paid, and the money shall revert to the tribe; (c) a share or proportional share payable to a person under twenty-one years of age or to a person under legal disability shall be paid in accordance with such procedures as the Secretary determines will adequately protect the best interests of such persons.
Sec. 3.

Claims.

 (a) All claims for per capita shares. whether by a living enrollee or by the heirs or legatees of a deceased enrollee, shall be filed with the Area Director of the Bureau of Indian Affairs, Muskogee, Oklahoma, not later than three years from the date of approval or this Act. Thereafter, all claims and the right to file same shall be forever barred and the unclaimed shares shall revert to the tribe. (b) Tribal funds that revert to the tribe pursuant, to this Act, including interest and income therefrom, may be advanced or expended for any purpose that is authorized by the principal chief of the Cherokee Nation and approved by the Secretary of the Interior.
Sec. 4.

Tax exemption.

 No part of any funds which may lie distributed in accordance with the provisions of this Act shall be subject to Federal or State income tax.
Sec. 5.

Funds not subject to liens, etc.

 No part of any of the funds which may be so distributed shall be subject to any lien, debt, or claim of any nature whatsoever against the tribe or individual Indians except delinquent debts owed by the tribe to the United States, or owed by individual Indians to the tribe or to the United States.
Sec. 6. Payments made under this Act shall not be held to be “other income and resources”, as that term is used in sections 2(a)(10)(A), 402(a)(7), 1002(a)(8), and 1402(a)(8) of the Social Security Act

74 Stat. 988; 53 Stat. 1379; 74 Stat. 997; 64 Stat. 555.

(42 U.S.C. 302(a)(10)(A), 602(a)(7), 1202(a)(8), and 1352(a)(8)).
76 Stat. 777
Sec. 7. All costs incident to making the payments authorized by this

Cost payments.

Act shall be paid by appropriate withdrawals from the judgment fund and interest on the judgment fund, using the interest fund first.
Sec. 8. The Secretary of the Interior is authorized to prescribe

Rules and regulations.

rules and regulations to carry out the provisions of this Act.
Approved October 9, 1962.
Public Law 87–776: To amend the Administrative Expenses Act of 1946 to provide a more reasonable allowance for transportation of house trailers or mobile dwellings by certain governmental officers and employees upon their transfer from one official station to another. Public Law 776 Public Law 87–776 76 Stat. 777 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–776
AN ACT To amend the Administrative Expenses Act of 1946 to provide a more reasonable allowance for transportation of house trailers or mobile dwellings by certain governmental officers and employees upon their transfer from one official station to another.

October 9, 1962

[H. R. 10652]

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

Administrative Expenses Act of 1946, amendment.

60 Stat. 806; 72 Stat. 14.

of subsection (b) of the first section of the Administrative Expenses Act of 1946 (5 U.S.C. 73b–1) is amended by striking out “to a reasonable allowance, not to exceed 20 cents per mile, in lieu of such transportation” and inserting in lieu thereof, “in lieu of the transportation to which he would otherwise be entitled under subsection (a) of this section, to a reasonable allowance, not to exceed 20 cents per mile for transportation of the house trailer or mobile dwelling if such trailer or dwelling is transported by such officer or employee, or, if such trailer or dwelling is not so transported by such officer or employee, to commercial transportation of the house trailer or mobile dwelling, at Government expense, or reimbursement to such officer or employee therefor, including the payment of necessary tolls, charges, and permit fees, except that no payment under this sentence shall exceed the maximum payment to which such officer or employee would otherwise be entitled under this section for transportation and temporary storage of his household goods and personal effects in connection with this transfer”.
Approved October 9, 1962.
Public Law 87–777: To amend section 6112 of title 10, United States Code. Public Law 777 Public Law 87–777 76 Stat. 777 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–777
AN ACT To amend section 6112 of title 10, United States Code.

October 9, 1962

[H. R. 11217]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 6112

Naval Service.

Retired officers, withholding pay.

70A Stat. 381.

of title 10, United States Code, is amended— (1) by striking out tile designation “(a)” at the beginning thereof; and (2) by repealing subsection (b).
Sec. 2. Section 1409 of the Supplemental Appropriation Act, 1953 (66 Stat. 661), and section 1309 of the Supplemental Appropriation Act, 1954 (67 Stat. 437; 5 U.S.C. 59c), are each amended by striking out the word “two” and inserting in lieu thereof the word “three”
Approved October 9, 1962.
Public Law 87–778: To provide for the conveyance of all right, title, and Interest of the United States reserved or retained in certain lands heretofore conveyed to the city of El Paso, Texas. Public Law 778 Public Law 87–778 76 Stat. 778 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 778 Public Law 87–778
AN ACT To provide for the conveyance of all right, title, and Interest of the United States reserved or retained in certain lands heretofore conveyed to the city of El Paso, Texas.

October 9, 1962

[H. R. 11887]

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

El Paso, Tex.

Land conveyance.
That the Secretary of the Army is authorized and directed to convey to the city of El Paso, Texas, all of the right, title, and interest of the United States reserved or retained in parcel C by the quitclaim deed from the United States to the city of El Paso, Texas, dated June 27, 1957, entered into under authority of the Act of August 2, 1956 (70 Stat. 950; Public Law 929, Eighty-fourth Congress).
Sec. 2.

Conditions.

 The conveyance authorized herein shall be subject to the following conditions: (a) That the city, in accepting the conveyance, agrees for itself, its grantees, successors, and assigns to forego (1) any use of the property which will be noxious by the emission of smoke, noise, odor, or dust, and (2) the erection on the premises of any structure exceeding 500 feet in height above the ground. (b) That the city shall pay to the United States the fair market value of the property interest conveyed under the first section of this Act.
Approved October 9, 1962.
Public Law 87–779: To amend the Home Owners’ Loan Act of 1933 and the Federal Home Loan Bank Act. Public Law 779 Public Law 87–779 76 Stat. 778 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–779
AN ACT To amend the Home Owners’ Loan Act of 1933 and the Federal Home Loan Bank Act.

October 9, 1962

[H. R. 13044]

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

Housing.

Multifamily loans.

Home Owners’ Loan Act of 1933, amendment.

48 Stat. 132.

12 USC 1464.
That (a) so much of the first sentence of section 5(c) of the Home Owners’ Loan Act of 1933 as precedes the comma after “first lien thereon” is amended to read as follows: “Such associations shall lend their funds only on the security of their shares or on the security of first liens upon real property within fifty miles of their home office which constitute first liens upon homes, combinations of homes and business property, other dwelling units, or combinations of dwelling units, including homes, and business property involving only minor or incidental business use (all of which may be defined by the Board): Provided, That not more than $35,000 for each single-family dwelling, and not more than such amount per room as the Board may determine by regulation within the limits allowable (at the time of the loan) in section 207(c)(3)

70 Stat. 1092.

12 USC 1713.

 of the National Housing Act for any other dwelling unit covered by such lien, shall be loaned on the security of any such lien, and the Board shall by regulation limit to not more than 15 per centum of the assets of the association the aggregate amount or amounts of the 76 Stat. 779investments which may be made by an association under the foregoing provisions of this sentence on the security of property which comprises or includes more than four dwelling units or does not constitute homes or combinations of homes and business property; except that not exceeding 20 per centum of the assets of such association may be loaned on the security of first liens upon improved real estate without regard to the foregoing limitations”. (b) The first sentence of such section 5(c) is further amended by

73 Stat. 687.

striking out “one-to four family homes” in the first proviso and inserting in lieu thereof “real property of the type described in this sentence in the matter preceding this proviso”. (c) The fourth paragraph of such section 5(c) is amended by striking

75 Stat. 189.

 out “$35,000 limitation” and inserting in lieu thereof “dollar amount limitation”.
Sec. 2. (a) Paragraph (6) of section 2 of the Federal Home Loan

Federal Home Loan Bank Act, amendment.

48 Stat. 1754; 49 Stat. 293.

12 USC 1422.

Bank Act is amended by striking out “upon which there is located a dwelling for not more than four families” and inserting in lieu thereof “upon which is located, or which comprises or includes, one or more homes or other dwelling units, nil of which may be defined by the Board”. (b) Section 10(b) of such Act is amended by striking out “$35,000”

47 Stat. 732; 68 Stat. 634.

12 USC 1430.

and inserting in lieu thereof “a sum equal to $35,000 for each home or other dwelling unit covered by such mortgage”.
Approved October 9, 1962.
Public Law 87–780: Providing for the establishment of an annual National School Lunch Week. Public Law 780 Public Law 87–780 76 Stat. 779 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–780
JOINT RESOLUTION Providing for the establishment of an annual National School Lunch Week.

October 9, 1962

[S. J. Res. 211]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the seven-day period

National School Lunch Week.

 beginning on the second Sunday of October in each year is hereby designated as National School Lunch Week, and the President is requested to issue annually a proclamation calling on the people of the United States to observe such week with appropriate ceremonies and activities.
Approved October 9, 1962.
Public Law 87–781: To protect the public health by amending the Federal Food, Drug, and Cosmetic Act to assure the safety, effectiveness, and reliability of drugs, authorize standardization of drug names, and clarify and strengthen existing inspection authority; and for other purposes. Public Law 781 Public Law 87–781 76 Stat. 780 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 780 Public Law 87–781
AN ACT To protect the public health by amending the Federal Food, Drug, and Cosmetic Act to assure the safety, effectiveness, and reliability of drugs, authorize standardization of drug names, and clarify and strengthen existing inspection authority; and for other purposes.

October 10, 1962

[S. 1552]

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

Drug Amendments of 1962.
That this Act, divided into titles and sections according to the following table of contents, may be cited as the “Drug Amendments of 1962”. TABLE OF CONTENTS Title I— part a— Sec. 101. Sec. 102. Sec. 108. Sec. 104. Sec. 105. Sec. 106. Sec. 107. part b— Sec. 111. Sec. 112. Sec. 113. Sec. 114. part c— Sec. 131. Title II— Sec. 201. Sec. 202. Sec. 203. Title III— Sec. 301. Sec. 302. Sec. 303. Sec. 304. Sec. 305. Sec. 306. Sec. 307. Sec. 308.
<num value="I">TITLE I—</num> <heading class="inline">DRUGS</heading> <part> <num value="A"><inline class="smallCaps">Part</inline> A—</num> <heading class="inline"><inline class="smallCaps">Amendments To Assure Safety, Effectiveness, and Reliability</inline></heading> <section> <heading class="smallCaps centered">requirement of adequate controls in manufacture</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1049">52 Stat. 1049</ref>.</p></sidenote> <content class="inline">Clause (2) of section 501(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351(a)) is amended to read as follows: “<quotedText>(2)(A) if it has been prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; or (B) if it is a drug and the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not <page identifier="/us/stat/76/781">76 <inline class="smallCaps">Stat</inline>. 781</page>operated or administered in conformity with current good manufacturing practice to assure that such drug meets the requirements of this Act as to safety and has the identity and strength, and meets the quality and purity characteristics, which it purports or is represented to possess;</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">effectiveness and safety of new drugs</heading> <num value=". 102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 201(p)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(p)(1)), defining the term “<quotedText>new drug</quotedText>”, is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1041">52 Stat. 1041</ref>.</p></sidenote>amended by (A) inserting therein, immediately after the words “<quotedText>to evaluate the safety</quotedText>”, the words “<quotedText>and effectiveness</quotedText>”, and (B) inserting therein, immediately after the words “<quotedText>as safe</quotedText>”, the words “<quotedText>and effective</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 201 (p)(2) of such Act (21 U.S.C. 321(p)(2)) is amended by inserting therein, immediately after the word “<quotedText>safety</quotedText>”, the words “<quotedText>and effectiveness</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 505(b) of such Act (21 U.S.C. 355(b)) is amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1052">52 Stat. 1052</ref>.</p></sidenote>inserting therein, immediately after the words “<quotedText>is safe for use</quotedText>”, the words “and whether such drug is effective in use”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 505(d) of such Act (21 U.S.C. 355(d)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>If the Secretary finds, after due notice to the applicant in <sidenote><p class="firstIndent1 fontsize8">Grounds for refusing application.</p></sidenote>accordance with subsection (c) and giving him an opportunity for a hearing, in accordance with said subsection, that (1) the investigations, reports of which are required to be submitted to the Secretary pursuant to subsection (b), do not include adequate tests by all methods reasonably applicable to show whether or not such drug is safe for use under the conditions prescribed, recommended, or suggested in the proposed labeling thereof; (2) the results of such tests show that such drug is unsafe for use under such conditions or do not show that such drug is safe for use under such conditions; (3) the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug are inadequate to preserve its identity, strength, quality, and purity; (4) upon the basis of the information submitted to him as part of the application, or upon the basis of any other information before him with respect to such drug, he has insufficient information to determine whether such drug is safe for use under such conditions; or (5) evaluated on the basis of the information submitted to him as part of the application and any other information before him with respect to such drug, there is a lack of substantial evidence that the drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the proposed labeling thereof; or (6) based on a fair evaluation of all material facts, such labeling is false or misleading in any particular; he shall issue an order refusing to approve the application. If, after such notice and opportunity <sidenote><p class="firstIndent1 fontsize8">Approval of application.</p></sidenote>for hearing, the Secretary finds that clauses (1) through (6) do not apply, he shall issue an order approving the application. As used in this subsection and subsection (e), the term ‘substantial evidence’ means evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified by scientific training and experience to evaluate the effectiveness of the drug involved, on the basis of which it could fairly and responsibly be concluded by such experts that the drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling or proposed labeling thereof.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Section 505(e) of such Act (21 U.S.C. 355(e)) is amended to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1052">52 Stat. 1052</ref>.</p></sidenote>read as follows: <page identifier="/us/stat/76/782">76 <inline class="smallCaps">Stat</inline>. 782</page> <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e) </num><sidenote><p class="firstIndent1 fontsize8">Suspension of approval.</p></sidenote> <content>The Secretary shall, after due notice and opportunity for hearing to the applicant, withdraw approval of an application with respect to any drug under this section if the Secretary finds (1) that clinical or other experience, tests, or other scientific data show that such drug is unsafe for use under the conditions of use upon the basis of which the application was approved; (2) that new evidence of clinical experience, not contained in such application or not available to the Secretary until after such application was approved, or tests by new methods, or tests by methods not deemed reasonably applicable when such application was approved, evaluated together with the evidence available to the Secretary when the application was approved, shows that such drug is not shown to be safe tor use under the conditions of use upon the basis of which the application was approved; or (3) on the‘basis of new information before him with respect to such drug, evaluated together with the evidence available to him when the application was approved, that there is a lack of substantial evidence that the drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling thereof; or (4) that the application contains any untrue statement of a material fact: <proviso><i>Provided</i>, That if the Secretary (or in his absence the officer acting as Secretary) finds that there is an imminent hazard to the public health, he may suspend the approval of such application immediately, and give the applicant prompt notice of his action and afford the applicant the opportunity for an expedited hearing under this subsection; but the authority conferred by this proviso to suspend the approval of an application shall not be delegated.</proviso> The Secretary may also, after due notice and opportunity for hearing to the applicant, withdraw the approval of an application with respect to any drug under this section if the Secretary finds (1) that the applicant has failed to establish a system for maintaining required records, or has repeatedly or deliberately failed to maintain such records or to make required reports, in accordance with a regulation or order under subsection (j), or the applicant has refused to permit access to, or copying or verification of, such records as required by paragraph (2) of such subsection; or (2) that on the basis of new information before him, evaluated together with the evidence before him when the application was approved, the methods used in, or the facilities and controls used for, the manufacture, processing, and packing of such drug are inadequate to assure and preserve its identity, strength, quality, and purity and were not made adequate within a reasonable time after receipt of written notice from the Secretary specifying the matter complained of; or (3) that on the basis of new information before him, evaluated together with the evidence before him when the application was approved, the labeling of such drug, based on a fair evaluation of all material facts, is false or misleading in any particular and was not corrected within a reasonable time after receipt of written notice from the Secretary specifying the matter complained of. Any order under this subsection shall state the findings upon which it is based.”</content> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">records and reports as to experience on new drugs</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 505 of the Federal Food, Drug, and Cosmetic Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1052">52 Stat. 1052</ref>.</p></sidenote>(21 U.S.C. 355) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="j">“(j) </num> <paragraph class="inline"> <num value="1">(l) </num> <content class="inline">In the case of any drug for which an approval of an application filed pursuant to this section is in effect, the applicant shall establish and maintain such records, and make such reports to the Secretary, of data relating to clinical experience and other data or <page identifier="/us/stat/76/783">76 <inline class="smallCaps">Stat</inline>. 783</page>information, received or otherwise obtained by such applicant with respect to such drug, as the Secretary may by general regulation, or by order with respect to such application, prescribe on the basis of a finding that such records and reports are necessary in order to enable the Secretary to determine, or facilitate a determination, whether there is or may be ground for invoking subsection (e) of this section: <proviso><i>Provided, however</i>, That regulations and orders issued under this subsection and under subsection (i) shall have due regard for the professional ethics of the medical profession and the interests of patients and shall provide, where the Secretary deems it to be appropriate, for the examination, upon request, by the persons to whom such regulations or orders are applicable, of similar information received or otherwise obtained by the Secretary.</proviso></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Every person required under this section to maintain records, <sidenote><p class="firstIndent1 fontsize8">Access to records.</p></sidenote>and every person in charge or custody thereof, shall, upon request of an officer or employee designated by the Secretary, permit such officer or employee at all reasonable times to have access to and copy and verify such records.”</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Section 505(i) of such Act (21 U.S.C. 355(i)) is amended (1) <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1052">52 Stat. 1052</ref>.</p></sidenote>by inserting “<quotedText>the foregoing subsections of</quotedText>” immediately after “<quotedText>operation o</quotedText>f”; (2) by inserting “<quotedText>and effectiveness</quotedText>” immediately after “<quotedText>safety</quotedText>”; and (3) by adding at the end thereof the following new sentences: “Such regulations may, within the discretion of the Secretary,<sidenote><p class="firstIndent1 fontsize8">Regulations pertaining to exemption.</p></sidenote> among other conditions relating to the protection of the public health, provide for conditioning such exemption upon—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the submission to the Secretary, before any clinical testing of a new drug is undertaken, of reports, by the manufacturer or the sponsor of the investigation of such drug, of preclinical tests (including tests on animals) of such drug adequate to justify the proposed clinical testing;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the manufacturer or the sponsor of the investigation of a new drug proposed to be distributed to investigators for clinical testing obtaining a signed agreement from each of such investigators that patients to whom the drug is administered will be under his personal supervision, or under the supervision of investigators responsible to him, and that he will not supply such drug to any other investigator, or to clinics, for administration to human beings; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the establishment and maintenance of such records, and the making of such reports to the Secretary, by the manufacturer or the sponsor of the investigation of such drug, of data (including but not limited to analytical reports by investigators) obtained as the result of such investigational use of such drug, as the Secretary finds will enable him to evaluate the safety and effectiveness of such drug in the event of the filing of an application pursuant to subsection (b).</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Such regulations shall provide that such exemption shall be conditioned upon the manufacturer, or the sponsor of the investigation, requiring that experts using such drugs for investigational purposes certify to such manufacturer or sponsor that they will inform any human beings to whom such drugs, or any controls used in connection therewith, are being administered, or their representatives, that such drugs are being used for investigational purposes and will obtain the consent of such human beings or their representatives, except where they deem it not feasible or, in their professional judgment, contrary to the best interests of such human beings. Nothing in this subsection shall be construed to require any clinical investigator to submit directly to the Secretary reports on the investigational use of drugs.”</continuation> </subsection> <page identifier="/us/stat/76/784">76 <inline class="smallCaps">Stat</inline>. 784</page> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1042">52 Stat. 1042</ref>.</p></sidenote> <content>Section 301(e) of such Act (21 U.S.C. 331(e)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s373">21 USC 373</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s355">21 USC 355</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 782.</p></sidenote> <content>The refusal to permit access to or copying of any record as required by section 703; or the failure to establish or maintain any record, or make any report, required under section 505 (i) or (j), or the refusal to permit access to or verification or copying of any such required record.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1043">52 Stat. 1043</ref>.</p></sidenote> <content>Section 302(a) of such Act (21 U.S.C. 332(a)) is amended by striking out “<quotedText>(e),</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">new drug clearance procedure</heading> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1052">52 Stat. 1052</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 505(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(a)), is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <content>No person shall introduce or deliver for introduction into interstate commerce any new drug, unless an approval of an application filed pursuant to subsection (b) is effective with respect to such drug.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 505(c) of such Act (21 U.S.C. 355(c)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <chapeau>Within one hundred and eighty days after the filing of an application under this subsection, or such additional period as may be agreed upon by the Secretary and the applicant, the Secretary shall either—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>approve the application if he then finds that none of the grounds for denying approval specified in subsection (d) applies, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>give the applicant notice of an opportunity for a hearing before the Secretary under subsection (d) on the question whether such application is approvable. If the applicant elects to accept the opportunity for hearing by written request within thirty days after such notice, such hearing shall commence not more than ninety days after the expiration of such thirty days unless the Secretary and the applicant otherwise agree. Any such hearing shall thereafter be conducted on an expedited basis and the Secretary’s order thereon shall be issued within ninety days after the date fixed by the Secretary for filing final briefs.”</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 505(f) of such Act (21 U.S.C. 355(f)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <content>Whenever the Secretary finds that the facts so require, he shall revoke any previous order under subsection (d) or (e) refusing, withdrawing, or suspending approval of an application and shall approve such application or reinstate such approval, as may be appropriate.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num><sidenote><p class="firstIndent1 fontsize8">Appeal.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1052">52 Stat. 1052</ref>.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The first four sentences of section 505(h) of such Act (21 U.S.C. 355(h)) are amended to read as follows: “<quotedText>An appeal may be taken by the applicant from an order of the Secretary refusing or withdrawing approval of an application under this section. Such appeal shall be taken by filing in the United States court of appeals for the circuit wherein such applicant resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia Circuit, within sixty days after the entry of such order, a written petition praying that the order of the Secretary be set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by him for that purpose, and thereupon the Secretary shall certify and file in the court the record upon which the order complained of was entered, as provided in section 2112 of title 28, United States Code. Upon the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/941">72 Stat. 941</ref>.</p></sidenote>filing of such petition such court shall have exclusive jurisdiction to affirm or set aside such order, except that until the filing of the record the Secretary may modify or set aside his order.</quotedText>”</content> </paragraph> <page identifier="/us/stat/76/785">76 <inline class="smallCaps">Stat</inline>. 785</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The ninth sentence of such section 505(h) is amended to read as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s355">21 USC 355</ref>.</p></sidenote>follows: “<quotedText>The judgment of the court affirming or setting aside any such order of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28 of the United States Code.</quotedText>”<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/928">62 Stat. 928</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The amendments made by this subsection shall not apply to any appeal taken prior to the date of enactment of this Act.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 301(1) of such Act (21 U.S.C. 331(1)) is amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1042">52 Stat. 1042</ref>.</p></sidenote> by (1) inserting “<quotedText>approval of</quotedText>” before “<quotedText>an application</quotedText>”, and (2) striking out “<quotedText>effective</quotedText>” and inserting in lieu thereof “<quotedText>in effect</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Clause (C) of section 503(b)(1) of such Act (21 U.S.C. 353(b)(1))<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1051">52 Stat. 1051</ref>.</p></sidenote> is amended by striking out “<quotedText>effective</quotedText>” and inserting in lieu thereof “<quotedText>approved</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Clause (A) of paragraph (3) of section 409(c) of such Act (21 U.S.C/ 348(c)) is amended by inserting before the semicolon at the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1785">72 Stat. 1785</ref>.</p></sidenote>end thereof the following: “<quotedText>, except that this proviso shall not apply with respect to the use of a substance as an ingredient of feed for animals which are raised for food production, if the Secretary finds (i) that, under the conditions of use and feeding specified in proposed labeling and reasonably certain to be followed in practice, such additive will not adversely affect the animals for which such feed is intended, and (ii) that no residue of the additive will be found (by methods of examination prescribed or approved by the Secretary by regulations, which regulations shall not be subject to subsections (f) and (g)) in any edible portion of such animal after slaughter or in any food yielded by or derived from the living animal</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Subparagraph (B) of paragraph (5) of section 706(b) of such Act (21 U.S.C. 376(b)) is amended by inserting before the period at<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/399">74 Stat. 399</ref>.</p></sidenote> the end of the subparagraph a colon and the following proviso: “<quotedText><proviso><i>Provided</i>, That clause (i) of this subparagraph (B) shall not apply with respect to the use of a color additive as an ingredient of feed for animals which are raised for food production, if the Secretary finds that, under the conditions of use and feeding specified in proposed labeling and reasonably certain to be followed in practice, such additive win not adversely affect the animals for which such feed is intended, and that no residue of the additive will be found (by methods of examination prescribed or approved by the Secretary by regulations, which regulations shall not be subject to subsection (d)) in any edible portion of such animals after slaughter or in any food yielded by or derived from the living animal</proviso></quotedText>”.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">certification of antibiotics</heading> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 507(a) of such Act (21 U.S.C. 357(a)) is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/463">59 Stat. 463</ref>.</p></sidenote>amended by adding at the end thereof the following new sentence: “<quotedText>For purposes of this section and of section 502(1), the term ‘antibiotic drug’ means any drug intended for use by man containing any quantity of any chemical substance which is produced by a microorganism and which has the capacity to inhibit or destroy microorganisms in dilute solution (including the chemically synthesized equivalent of any such substance).</quotedText>”</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 507(a) of such Act (21 U.S.C. 357(a)) is further amended by striking the w<quotedText>or</quotedText>d “<quotedText>or</quotedText>” preceding the word “<quotedText>bacitracin</quotedText>” and by adding after the word “<quotedText>bacitracin</quotedText>” a comma and the following: “<quotedText>or any other antibiotic drug,</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 502(1) of such Act (21 U.S.C. 352(1)) is amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/463">59 Stat. 463</ref>.</p></sidenote>striking the word “<quotedText>or</quotedText>” preceding the word “<quotedText>bacitracin</quotedText>” and by adding immediately after “<quotedText>bacitracin,</quotedText>” the following: “<quotedText>or any other antibiotic drug,</quotedText>”.</content> </subsection> <page identifier="/us/stat/76/786">76 <inline class="smallCaps">Stat</inline>. 786</page> <subsection class="indent0 fontsize10"> <num value="d">(d) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/464">59 Stat. 464</ref>.</p><p class="firstIndent1 fontsize8">Exemption; determinations.</p></sidenote> <chapeau>Section 507 (c) of such Act (21 U.S.C. 357 (c)) is amended by adding at the end thereof the following: “In deciding whether an antibiotic drug, or class of antibiotic drugs, is to be exempted from the requirement of certification the Secretary shall give consideration, among other relevant factors, to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>whether such drug or class of drugs is manufactured by a person who has, or hereafter shall have, produced fifty consecutive batches of such drug or class of drugs in compliance with the regulations for the certification thereof within a period of not more than eighteen calendar months, upon the application by such person to the Secretary; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>whether such drug or class of drugs is manufactured by any person who has otherwise demonstrated such consistency in the production of such drug or class of drugs, in compliance with the regulations for the certification thereof, as in the judgment of the Secretary is adequate to insure the safety and efficacy of use thereof.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">When an antibiotic drug or a drug manufacturer has been exempted from the requirement of certification, the manufacturer may still obtain certification of a batch or batches of that drug if he applies for and meets the requirements for certification. Nothing in this Act shall be deemed to prevent a manufacturer or distributor of an antibiotic drug from making a truthful statement in labeling or advertising of the product as to whether it has been certified or exempted from the requirement of certification.”</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/464">59 Stat. 464</ref>.</p></sidenote> <content>The first sentence of section 507(e) of such Act (21 U.S.C. 357(e)) is amended to read as follows: “<quotedText>No drug which is subject to section 507 shall be deemed to be subject to any provision of section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s355">21 USC 355</ref>.</p></sidenote>505 except a new drug exempted from the requirements of this section and of section 502(1) pursuant to regulations promulgated by the Secretary: <proviso><i>Provided</i>, That, for purposes of section 505, the initial request for certification, as thereafter duly amended, pursuant to section 507, of a new drug so exempted shall lie considered a part of the application filed pursuant to section 505(b) with respect to the person filing such request and to such drug as of the date of the exemption.</proviso></quotedText>”</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/463">59 Stat. 463</ref>; <i>Post</i>, p. 787.</p></sidenote> <content>Section 507 of such Act (21 U.S.C. 357) is further amended by adding at the end of such section the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="h">“(h) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s355">21 USC 355</ref>.</p></sidenote> <content>In the case of a drug for which, on the day immediately preceding the effective date of this subsection, a prior approval of an application under section 505 had not been withdrawn under section 505(e), the initial issuance of regulations providing for certification or exemption of such drug under this section 507 shall, with respect to the conditions of use prescribed, recommended, or suggested in the labeling covered by such application, not be conditioned upon an affirmative finding of the efficacy of such drug. Any subsequent amendment or repeal of such regulations so as no longer to provide for such certification or exemption on the ground of a lack of efficacy of such drug for use under such conditions of use may be effected only on or after that effective date of clause (3) of the first sentence of section 505(e) which would be applicable to such drug under such conditions of use if such drug were subject to section 505(e), and then only if (1) such amendment or repeal is made in accordance with the procedure specified in subsection (f) of this section (except that such amendment or repeal may be initiated either by a proposal of the Secretary or by a petition of any interested person) and (2) the Secretary finds, on the basis of new information with respect to such drug evaluated together with the information before him when the application under section 505 became effective or was approved, that <page identifier="/us/stat/76/787">76 <inline class="smallCaps">Stat</inline>. 787</page>there is a lack of substantial evidence (as defined in section 505(d)) that the drug has the effect it purports or is represented to have under such conditions of use.” </content> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">records and reports as to experience on antibiotics</heading> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 507 of such Act (21 U.S.C. 357) is amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/463">59 Stat. 463</ref>.</p></sidenote> by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="g">“(g) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Every person engaged in manufacturing, compounding, or processing any drug within the purview of this section with respect to which a certificate or release has been issued pursuant to this section shall establish and maintain such records, and make such reports to the Secretary, of data relating to clinical experience and other data or information, received or otherwise obtained by such person with respect to such drug, as the Secretary may by general regulation, or by order with respect to such certification or release, prescribe on the basis of a finding that such records and reports are necessary in order to enable the Secretary to make, or to facilitate, a determination as to whether such certification or release should be rescinded or whether any regulation issued under this section should be amended or repealed: <proviso><i>Provided, however</i>, That regulations and orders issued under this subsection and under clause (3) of subsection (d) shall have due regard for the professional ethics of the medical profession and the interests of patients and shall provide, where the Secretary deems it to be appropriate, for the examination, upon request, by the persons to whom such regulations or orders are applicable, of similar information received or otherwise obtained by the Secretary.</proviso> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Every person required under this section to maintain records, <sidenote><p class="firstIndent1 fontsize8">Access to records.</p></sidenote>and every person having charge or custody thereof, shall, upon request of an officer or employee designated by the Secretary, permit such officer or employee at all reasonable times to have access to and copy and verify such records.”</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Section 507(d) of such Act (21 U.S.C. 357(d)) is amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/463">59 Stat. 463</ref>.</p><p class="firstIndent1 fontsize8">Regulations pertaining to exemption.</p></sidenote>adding at the end thereof the following new sentences: “Such regulations may, within the discretion of the Secretary, among other conditions relating to the protection of the public health, provide for conditioning the exemption under clause (3) upon—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the submission to the Secretary, before any clinical testing of a new drug is undertaken, of reports, by the manufacturer or the sponsor of the investigation or such drug, of preclinical tests (including tests on animals) of such drug adequate to justify the proposed clinical testing;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the manufacturer or the sponsor of the investigation of a new drug proposed to lie distributed to investigators for clinical testing obtaining a signed agreement from each of such investigators that patients to whom the drug is administered will be under his personal supervision, or under the supervision of investigators responsible to him, and that he will not supply such drug to any other investigator, or to clinics, for administration to human beings; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the establishment and maintenance of such records, and the making of such reports to the Secretary, by the manufacturer or the sponsor of the investigation of such drug, of data (including but not limited to analytical reports by investigators) obtained as the result of such investigational use of such drug, as the Secretary finds will enable him to evaluate the safety and effectiveness of such drug in the event of the filing of an application for certification or release pursuant to subsection (a).</content> </paragraph> <page identifier="/us/stat/76/788">76 <inline class="smallCaps">Stat</inline>. 788</page> <continuation class="indent0 firstIndent0 fontsize10">Such regulations shall provide that such exemption shall be conditioned upon the manufacturer, or the sponsor of the investigation, requiring that experts using such drugs for investigational purposes certify to such manufacturer or sponsor that they will inform any human beings to whom such drugs, or any controls used in connection therewith, are being administered, or their representatives, that such drugs are being used for investigational purposes and will obtain the consent of such human beings or their representatives, except where they deem it not feasible or, in their professional judgment, contrary to the best interests of such human beings. Nothing in this subsection shall be construed to require any clinical investigator to submit directly to the Secretary reports on the investigational use of drugs.”</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 784.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 783, 782, 787.</p></sidenote> <content>Section 301 (e) of such Act (21 U.S.C. 331 (e)), as amended by section 103(c) of this Act, is further amended by striking out “<quotedText>505 (i) or (j)</quotedText>” and inserting in lieu thereof “<quotedText>505 (i) or (j), or 507 (d) or (g)</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">effective dates and application of part a</heading> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Except as otherwise provided in this section, the amendments made by the foregoing sections of this part A shall take effect on the date of enactment of this Act.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The amendments made by sections 101,103,105, and 106 of this part. A shall, with respect to any drug, take effect on the first day of the seventh calendar month following the month in which this Act is enacted.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="firstIndent1 fontsize8">“Enactment date.”</p><p class="firstIndent1 fontsize8">“Basic Act.”</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1040">52 Stat. 1040</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s301">21 USC 301</ref>.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">As used in this subsection, the term “enactment date” means the date of enactment of this Act; and the term “basic Act” means the Federal Food, Drug, and Cosmetic Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>An application filed pursuant to section 505(b) of the basic Act which was “effective” within the meaning of that Act on the day immediately preceding the enactment date shall be deemed, as of the enactment date, to be an application “approved” by the Secretary within the meaning of the basic Act as amended by this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1052">52 Stat. 1052</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s355">21 USC 355</ref>.</p></sidenote> <chapeau>In the case of any drug with respect to which an application filed under section 505 (b) of the basic Act is deemed to be an approved application on the enactment date by virtue of paragraph (2) of this subsection—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the amendments made by this Act to section 201 (p), and <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 781.</p></sidenote>to subsections (b) and (d) of section 505, of the basic Act, insofar as such amendments relate to the effectiveness of drugs, shall not, so long as approval of such application is not withdrawn or suspended pursuant to section 505(e) of that Act, apply to such drug when intended solely for use under conditions prescribed, <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 781.</p></sidenote>recommended, or suggested in labeling covered by such approved application, but shall apply to any changed use, or conditions of use, prescribed, recommended, or suggested in its labeling, including such conditions of use as are the subject of an amendment or supplement to such application pending on, or filed after, the enactment date; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 782.</p></sidenote> <content>clause (3) of the first sentence of section 505(e) of the basic Act, as amended by this Act, shall not apply to such drug when intended solely for use under conditions prescribed, recommended, or suggested in labeling covered by such approved application (except with respect to such use, or conditions of use, as are the subject of an amendment or supplement to such approved application, which amendment or supplement has been approved after the enactment date under section 505 of the basic Act as amended by this Act) until whichever of the following first <page identifier="/us/stat/76/789">76 <inline class="smallCaps">Stat</inline>. 789</page>occurs: (i) the expiration of the two-year period beginning with the enactment date; (ii) the effective date of an order under section 505(e) of the basic Act, other than clause (3) of the first <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 781</p></sidenote>sentence of such section 505(e), withdrawing or suspending the approval of such application.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>In the case of any drug which, on the day immediately preceding the enactment date, (A) was commercially used or sold in the United States, (B) was not a new drug as defined by section 201 (p) of the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s321">21 USC 321</ref>.</p></sidenote> basic Act as then in force, and (C) was not covered by an effective application under section 505 of that Act, the amendments to section 201 (p) made by this Act shall not apply to such drug when intended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s355">21 USC 355</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 781.</p></sidenote> solely for use under conditions prescribed, recommended, or suggested in labeling with respect to such drug on that day.</content> </paragraph> </subsection> </section> </part> <part> <num value="B"><inline class="smallCaps">Part</inline> B—</num> <heading class="inline"><inline class="smallCaps">Standardization of Drug Names</inline></heading> <section> <heading class="smallCaps centered">review and designation of official names</heading> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.), as amended by this Act, is further amended by adding at the end of chapter V the following new section: <quotedContent> <section> <heading class="smallCaps centered">“authority to designate official names</heading> <num value="508">“<inline class="smallCaps">Sec</inline>. 508. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary may designate an official name for any drug if he determines that such action is necessary or desirable in the interest of usefulness and simplicity. Any official name designated under this section for any drug shall be the only official name of that drug used in any official compendium published after such name has been prescribed or for any other purpose of this Act. In no event, however, shall the Secretary establish an official name so as to infringe a valid trademark.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Within a reasonable time after the effective date of this section, and at such other times as he may deem necessary, the Secretary shall cause a review to be made of the official names by which drug<sidenote><p class="firstIndent1 fontsize8">Review of names.</p></sidenote> are identified in the official United States Pharmacopeia, the official Homoeopathic Pharmacopoeia of the United States, and the official National Formulary, and all supplements thereto, to determine whether revision of any of those names is necessary or desirable in the interest of usefulness and simplicity.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>Whenever he determines after any such review’ that (1) any such official name is unduly complex or is not useful for any other reason, (2) two or more official names have been applied to a single drug, or to two or more drugs which are identical in chemical structure and pharmacological action and which are substantially identical in strength, quality, and purity, or (3) no official name has been applied to a medically useful drug, he shall transmit in writing to the compiler of each official compendium in which that drug or drugs are identified and recognized his request for the recommendation of a single official name for such drug or drugs which will have usefulness and simplicity. Whenever such a single official name has not been recommended within one hundred and eighty days after such request, or the Secretary determines that any name so recommended is not useful for any reason, he shall designate a single official name for such drug or drugs. Whenever he determines that the name so recommended is useful, he shall designate that name as the official name of such drug or drugs. Such designation shall be made as a regulation upon public notice and in accordance with the procedure set forth in section 4 of the Administrative Procedure Act (5 U.S.C. 1003).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/238">60 Stat. 238</ref>.</p></sidenote></content> </subsection> <page identifier="/us/stat/76/790">76 <inline class="smallCaps">Stat</inline>. 790</page> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>After each such review, and at such other times as the Secretary may determine to be necessary or desirable, the Secretary shall cause to be compiled, published, and publicly distributed a list which shall list all revised official names of drugs designated under this section and shall contain such descriptive and explanatory matter as the Secretary may determine to be required for the effective use of those names.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>Upon a request in writing by any compiler of an official compendium that the Secretary exercise the authority granted to him under section 508(a), he shall upon public notice and in accordance with the procedure set forth in section 4 of the Administrative Procedure <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/238">60 Stat. 238</ref>.</p></sidenote>Act (5 U.S.C. 1003) designate the official name of the drug for which the request is made.”</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>This section shall take effect on the date of its enactment.</content> </subsection> </section> <section> <heading class="smallCaps centered">name to be used on drug label</heading> <num value="112"><inline class="smallCaps">Sec</inline>. 112. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1050">52 Stat. 1050</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Section 502(e) of such Act (21 U.S.C. 352(e)) is amended by—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>inserting the subparagraph designation “<quotedText>(1)</quotedText>” after “<quotedText>(e)</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>striking out the words “<quotedText>If it is a drug and is not designated solely by a name recognized in an official compendium unless its label bears (1) the common or usual name or the drug, if such there be; and (2), in case it is fabricated from two or more ingredients, the common or usual name of each active ingredient</quotedText>”, and inserting in lieu thereof “<quotedText>If it is a drug, unless (A) its label bears, to the exclusion of any other nonproprietary name (except the applicable systematic chemical name or the chemical formula), (i) the established name (as defined in subparagraph (2)) of the drug, if such there be, and (ii), in case it is fabricated from two or more ingredients, the established name and quantity of each active ingredient</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>striking out the words “<quotedText>the name</quotedText>” and inserting in lieu thereof the words “<quotedText>the established name</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>inserting therein, immediately after the colon following the words “<quotedText>contained therein</quotedText>”, the following: “<proviso><i>Provided</i>, That the requirement for stating the quantity of the active ingredients, other than the quantity of those specifically named in this paragraph, shall apply only to prescription drugs; and (B) for any prescription drug the established name of such drug or ingredient, as the case may be, on such label (and on any labeling on which a name for such drug or ingredient is used) is printed prominently and in type at least half as large as that used thereon for any proprietary name or designation for such drug or ingredient:</proviso>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>striking out the words “<quotedText>clause (2) of this paragraph</quotedText>” in the proviso to such paragraph and inserting in lieu thereof “<quotedText>clause (A)(ii) or clause (B) of this subparagraph</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>adding at the end of such paragraph the following new subparagraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 789.</p></sidenote> <content>As used in this paragraph (e), the term ‘established name’, with respect to a drug or ingredient thereof, means (A) the applicable official name designated pursuant to section 508, or (B), if there is no such name and such drug, or such ingredient, is an article recognized in an official compendium, then the official title thereof in such compendium, or (C) if neither clause (A) nor clause (B) of this subparagraph applies, then the common or usual name, if any, of such drug or of such ingredient: <proviso><i>Provided further</i>, That where clause (B) of this subparagraph applies to an article recognized in the United States <page identifier="/us/stat/76/791">76 <inline class="smallCaps">Stat</inline>. 791</page>Pharmacopeia and in the Homoeopathic Pharmacopoeia under different official titles, the official title used in the United States Pharmacopeia shall apply unless it is labeled and offered for sale as a homoeopathic drug, in which case the official title used in the Homoeopathic Pharmacopoeia shall apply.”</proviso></content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 502(g) of such Act (21 U.S.C. 352(g)) is amended by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1050">52 Stat. 1050</ref>.</p></sidenote> inserting immediately before the period at the end thereof a colon and the following proviso: “<quotedText><proviso><i>Provided further</i>, That, in the event of inconsistency between the requirements of this paragraph and those of paragraph (e) as to the name by which the drug or its ingredients shall be designated, the requirements of paragraph (e) shall prevail</proviso></quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>This section shall take effect on the first day of the seventh calendar month following the month in which this Act is enacted.</content> </subsection> </section> <section> <heading class="smallCaps centered">exclusion of cosmetics</heading> <num value="113"><inline class="smallCaps">Sec</inline>. 113. </num> <content class="inline">Chapter V of the Federal Food, Drug, and Cosmetic Act, as amended by section 111 of this Act, is further amended by adding at <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 789.</p></sidenote>the end thereof the following: <quotedContent> <section> <heading class="smallCaps centered">“nonapplicability to cosmetics</heading> <num value="509">“<inline class="smallCaps">Sec</inline>. 509. </num> <content class="inline">This chapter, as amended by the Drug Amendments of 1962, shall not apply to any cosmetic unless such cosmetic is also a drug or device or component thereof.”</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">information to physicians</heading> <num value="114"><inline class="smallCaps">Sec</inline>. 114. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), as amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1042">52 Stat. 1042</ref>.</p></sidenote>this Act, is further amended by adding at the end thereof the following new paragraph <quotedContent> <subsection class="indent0 fontsize10"><num value="o">“(o) </num> <content>In the case of a prescription drug distributed or offered for sale in interstate commerce, the failure of the manufacturer, packer, or distributor thereof to maintain for transmittal, or to transmit, to any practitioner licensed by applicable State law to administer such drug who makes written request for information as to such drug, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved by the Secretary. Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this Act.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>This section shall take effect on the first day of the seventh calendar month following the month in which this Act is enacted.</content> </subsection> </section> </part> <part> <num value="C"><inline class="smallCaps">Part</inline> C—</num> <heading class="inline"><inline class="smallCaps">Amendments as to Advertising</inline></heading> <section> <heading class="smallCaps centered">prescription drug advertisements</heading> <num value="131"><inline class="smallCaps">Sec</inline>. 131. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is further amended by adding at the end thereof <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1050">52 Stat. 1050</ref>.</p></sidenote>the following new paragraph: <quotedContent> <subsection class="indent0 fontsize10"><num value="n">“(n) </num> <content>In the case of any prescription drug distributed or offered for sale in any State, unless the manufacturer, packer, or distributor thereof includes in all advertisements and other descriptive printed matter issued or caused to be issued by the manufacturer, packer, or distributor with respect to that drug a true statement of (1) the established name as defined in section 502(e), printed prominently and in<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 790</p></sidenote> type at least half as large as that used for any trade or brand name thereof, (2) the formula showing quantitatively each ingredient of such drug to the extent required for labels under section 502(e), and (3) such other information in brief summary relating to side effects, <page identifier="/us/stat/76/792">76 <inline class="smallCaps">Stat</inline>. 792</page>contraindications, and effectiveness as shall be required in regulations which shall be issued by the Secretary in accordance with the procedure<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/919">70 Stat. 919</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s371">21 USC 371</ref>.</p></sidenote> specified in section 701(e) of this Act: <proviso><i>Provided</i>, That (A) except in extraordinary circumstances, no regulation issued under this paragraph shall require prior approval by the Secretary of the content of any advertisement, and (B) no advertisement of a prescription drug, published after the effective date of regulations issued under this paragraph applicable to advertisements of prescription drugs, shall, with respect to the matters specified in this paragraph or covered by such regulations, lie subject to the provisions of sections 12 through 17 of the Federal Trade Commission Act, as amended (15 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/114">52 Stat. 114</ref>.</p></sidenote>52–57). This paragraph (n) shall not be applicable to any printed matter which the Secretary determines to be labeling as defined in section 201 (in) of this Act.”</proviso> </content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1041">52 Stat. 1041</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s321">21 USC 321</ref>.</p></sidenote> <content>No drug which was being commercially distributed prior to the date of enactment of this Act shall be deemed to be misbranded under paragraph (n) of section 502 of the Federal Food, Drug, and Cosmetic Act, as added by this section, until the earlier of the following dates: (1) the first day of the seventh month following the month in which this Act is enacted; or (2) the effective date of regulations first issued under clause (3) of such paragraph (n) in accordance with the procedure specified in section 701 (e) of the Federal Food, Drug, and Cosmetic Act.</content> </subsection> </section> </part> <num value="II">TITLE II—</num> <heading class="inline">FACTORY INSPECTION AND EFFECT ON STATE LAWS</heading> <section> <heading class="smallCaps centered">factory inspection</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/67/477">67 Stat. 477</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 704(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(a)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <chapeau class="inline">For purposes of enforcement of this Act, officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable times? any factory, warehouse, or establishment in which food, drugs, devices, or cosmetics are manufactured, processed, packed, or held, for introduction into interstate commerce or after such introduction, or to enter any vehicle being used to transport or hold such food, drugs, devices, or cosmetics in interstate commerce; and (2) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials; containers, and labeling therein. In the case of any factory, warehouse, establishment, or consulting laboratory in which prescription drugs are manufactured, processed, packed, or held, the inspection shall extend to all things therein, (including records, files, papers, processes, controls, and facilities) bearing on whether prescription drugs which are adulterated or misbranded within the meaning of this Act, or which may not be manufactured, introduced into interstate commerce, or sold, or offered for sale by reason of any provision of this Act, have been or are being manufactured, processed, packed, transported, or held in any such place, or otherwise bearing on violation of this Act. No inspection authorized for prescription drugs by the preceding sentence shall extend to (A) financial data, (B) sales data other than shipment data, (C) pricing data, (D) personnel data (other than data as to qualifications of technical and professional personnel performing functions subject to this Act), and (E) research data (other than data, relating to new drugs and antibiotic drugs, subject to reporting <page identifier="/us/stat/76/793">76 <inline class="smallCaps">Stat</inline>. 793</page>and inspection under regulations lawfully issued pursuant to section 505 (i) or (j) or section 507 (d) or (g) of this Act, and data, relating <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 783, 782, 787.</p></sidenote>to other drugs, which in the case of a new drug would be subject to reporting or inspection under lawful regulations issued pursuant to section 505(j) of this Act). A separate notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. The provisions of the second sentence of this subsection shall not apply to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>pharmacies which maintain establishments in conformance with any applicable local laws regulating the practice of pharmacy and medicine and which are regularly engaged in dispensing prescription drugs, upon prescriptions of practitioners licensed to administer such drugs to patients under the care of such practitioners in the course of their professional practice, and which do not, either through a subsidiary or otherwise, manufacture, prepare, propagate, compound, or process drugs for sale other than in the regular course of their business of dispensing or selling drugs at retail;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>practitioners licensed by law to prescribe or administer drugs and who manufacture, prepare, propagate, compound, or process drugs solely for use in the course of their professional practice;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>persons who manufacture, prepare, propagate, compound, or process drugs solely for use in research, teaching, or chemical analysis and not for sale;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">such other classes of persons as the Secretary may by regulation exempt from the application of this section upon a finding that inspection as applied to such classes of persons in accordance with this section is not necessary for the protection of the public health.”</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 704(b) of such Act (21 U.S.C. 374(b)) is amended by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/67/477">67 Stat. 477</ref>.</p></sidenote> inserting after “<quotedText>warehouse,</quotedText>” the words “<quotedText>consulting laboratory</quotedText>,”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content class="inline">Section 302(a) of such Act (21 U.S.C. 332(a)) is amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1043">52 Stat. 1043</ref>.</p></sidenote>striking out “<quotedText>(f),</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content class="inline">Nothing in the amendments made by subsections (a) and (b) of this section shall be construed to negate or derogate from any authority of the Secretary existing prior to the enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">effect on state laws</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content class="inline">Nothing in the amendments made by this Act to the Federal Food, Drug, and Cosmetic Act shall be construed as invalidating <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1040">52 Stat. 1040</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s301">21 USC 301</ref>.</p></sidenote>any provision of State law which would be valid in the absence of such amendments unless there is a direct and positive conflict between such amendments and such provision of State law.</content> </section> <section> <heading class="smallCaps centered">effective date</heading> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content class="inline">The amendments made by this title shall take effect on the date of enactment of this Act.</content> </section> <num value="III">TITLE III—</num> <heading class="inline">REGISTRATION OF DRUG ESTABLISHMENTS AND PATENT INFORMATION</heading> <section> <heading class="smallCaps centered">findings and declaration</heading> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content class="inline">The Congress hereby finds and declares that in order to make regulation of interstate commerce in drugs effective, it is necessary to provide for registration and inspection of all establishments in which drugs are manufactured, prepared, propagated, compounded, <page identifier="/us/stat/76/794">76 <inline class="smallCaps">Stat</inline>. 794</page>or processed; that the products of all such establishments are likely to enter the channels or interstate commerce and directly affect such commerce; and that the regulation of interstate commerce in drugs without provision for registration and inspection of establishments that may be engaged only in intrastate commerce in such drugs would discriminate against and depress interstate commerce in such drugs, and adversely burden, obstruct, and affect such interstate commerce.</content> </section> <section> <heading class="smallCaps centered">registration of producers of drugs</heading> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 789, 791.</p></sidenote> <content class="inline">Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end thereof the following section: <quotedContent> <section> <heading class="smallCaps centered">“registration of producers of drugs</heading> <num value="510">“<inline class="smallCaps">Sec</inline>. 510. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">As used in this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the term ‘manufacture, preparation, propagation, compounding, or processing’ shall include repackaging or otherwise changing the container, wrapper, or labeling of any ding package in furtherance of the distribution of the drug from the original place of manufacture to the person who makes final delivery or sale to the ultimate consumer:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the term ‘name’ shall include in the case of a partnership the name of each partner and, in the case of a corporation, the name of each corporate officer and director, and the State of incorporation.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>On or before December 31 of each year every person who owns or operates any establishment in any State engaged in the manufacture, preparation, propagation, compounding, or processing of a drug or drugs shall register with the Secretary his name, places of business, and all such establishments.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>Every person upon first engaging in the manufacture, preparation, propagation, compounding, or processing of a drug or drugs in any establishment which he owns or operates in any State shall immediately register with the Secretary his name, place of business, and such establishment.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>Every person duly registered in accordance with the foregoing subsections of this section shall immediately register with the Secretary any additional establishment which he owns or operates in any State and in which he begins the manufacture, preparation, propagation. compounding, or processing of a drug or drugs.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num> <content>The Secretary may assign a registration number to any person or any establishment registered in accordance with this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">“(f) </num> <content>The Secretary shall make available for inspection, to any person so requesting, any registration filed pursuant to this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">“(g) </num> <chapeau>The foregoing subsections of this section shall not apply to—</chapeau><paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>pharmacies which maintain establishments in conformance with any applicable local laws regulating the practice of pharmacy and medicine and which are regularly engaged in dispensing prescription drugs, upon prescriptions of practitioners licensed to administer such drugs to patients under the care of such practitioners in the course of their professional practice, and which do not manufacture, prepare, propagate, compound, or process drugs for sale other than in the regular course of their business of dispensing or selling drugs at retail;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>practitioners licensed by law to prescribe or administer drugs and who manufacture, prepare, propagate, compound, or process drugs solely for use in the course of their professional practice; </content> </paragraph> <page identifier="/us/stat/76/795">76 <inline class="smallCaps">Stat</inline>. 795</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>persons who manufacture, prepare, propagate, compound, or process drugs solely for use in research, teaching, or chemical analysis and not for sale;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>such other classes of persons as the Secretary may by regulation exempt from the application of this section upon a finding that registration by such classes of persons in accordance with this section is not necessary for the protection of the public health.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="h">“(h) </num> <content>Every establishment in any State registered with the Secretary pursuant to this section shall lie subject to inspection pursuant to section 704 and shall be so inspected by one or more officers or <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/67/477">67 Stat. 477</ref>; <i>Ante</i>, p. 792.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s374">21 USC 374</ref>.</p></sidenote>employees duly designated by the Secretary at least once in the two-year period beginning with the date of registration of such establishment pursuant to this section and at least once in every successive two-year period thereafter.</content> </subsection> <subsection class="indent0 fontsize10"><num value="i">“(i) </num> <content>Any establishment within any foreign country engaged in the manufacture, preparation, propagation, compounding, or processing of a drug or drugs shall be permitted to register under this section pursuant to regulations promulgated by the Secretary. Such regulations shall include provisions for registration of any such establishment upon condition that adequate and effective means are available, by arrangement with the government of such foreign country or otherwise, to enable the Secretary to determine from time to time whether drugs manufactured, prepared, propagated, compounded, or processed in such establishment, if imported or offered for import into the United States, shall lie refused admission on any of the grounds set forth in section 801(a) of this Act.”<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 796.</p></sidenote></content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">transitional provisions</heading> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <content class="inline">Any person who, on the day immediately preceding the date of enactment of this Act, owned or operated any establishment in any State (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act as amended by this Act) engaged in the manufacture,<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 796.</p></sidenote> preparation, propagation, compounding, or processing of a drug or drugs, shall, if he first registers in accordance with subsection (b) of section 510 of that Act (as added thereto by this Act) prior to the first <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 794.</p></sidenote>day of the seventh calendar month following the month in which this Act is enacted, be deemed to have complied with that subsection for the calendar year 1962. Such registration, if made within such period and effected in 1963, shall also be deemed to be in compliance with such subsection for that calendar year.</content> </section> <section> <heading class="smallCaps centered">failure to register</heading> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <content class="inline">Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end thereof the following <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 791.</p></sidenote>new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="p">“(p) </num> <content class="inline">The failure to register as required by section 510.”</content> </paragraph> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">drugs from nonregistered establishments misbranded</heading> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <content class="inline">Section 502 of such Act (21 U.S.C. 352) is amended by <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 791</p></sidenote>adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="o">“(o) </num> <content>If it is a drug and was manufactured, prepared, propagated, compounded, or processed in an establishment in any State not duly registered under section 510.”</content> </paragraph> </quotedContent> </content> </section> <page identifier="/us/stat/76/796">76 <inline class="smallCaps">Stat</inline>. 796</page> <section> <heading class="smallCaps centered">samples of imported drugs</heading> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1058">52 Stat. 1058</ref>.</p></sidenote> <content class="inline">Section 801 (a) of such Act (21 U.S.C. 381(a)) is amended by inserting, after the first sentence thereof, the following new sentence: “<quotedText>The Secretary of Health, Education, and Welfare shall furnish to the Secretary of the Treasury a list of establishments registered <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 795.</p></sidenote>pursuant to subsection (i) of section 510 and shall request that if any drugs manufactured, prepared, propagated, compounded, or processed in an establishment not so registered are imported or offered for import into the United States, samples of such drugs be delivered to the Secretary of Health, Education, and Welfare, with notice of such delivery to the owner or consignee, who may appear before the Secretary of Health, Education, and Welfare and have the right to introduce testimony.</quotedText>”</content> </section> <section> <heading class="smallCaps centered">definitions</heading> <num value="307"><inline class="smallCaps">Sec</inline>. 307. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1041">52 Stat. 1041</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 201(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(a)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The term ‘State’, except as used in the last sentence of section 702(a), means any State or Territory of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The term ‘Territory’ means any Territory or possession of the United States, including the District of Columbia, and excluding the Commonwealth of Puerto Rico and the Canal Zone.”</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The second sentence of section 702(a) of such Act (21 U.S.C. 372(a)) is amended by inserting before the words “<quotedText>a Territory</quotedText>” the words “the Commonwealth of Puerto Rico or”.</content> </subsection> </section> <section> <heading class="smallCaps centered">information on patents for drugs</heading> <num value="308"><inline class="smallCaps">Sec</inline>. 308. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1056">52 Stat. 1056</ref>.</p></sidenote> <content class="inline">Section 702 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 372) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content class="inline">The Secretary is authorized and directed, upon request from the Commissioner of Patents, to furnish full and complete information with respect to such questions relating to drugs as the Commissioner may submit concerning any patent application. The Secretary is further authorized, upon receipt of any such request, to conduct or cause to be conducted, such research as may be required.”</content> </subsection> </quotedContent> </content> </section> Approved October 10, 1962.
Public Law 87–782: To amend section 511(h) of the Merchant Marine Act, 1936, as amended, in order to extend the time for commitment of construction reserve funds. Public Law 782 Public Law 87–782 76 Stat. 796 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–782
AN ACT To amend section 511(h) of the Merchant Marine Act, 1936, as amended, in order to extend the time for commitment of construction reserve funds.

October 10, 1962

[S. 3396]

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

Merchant Marine Act, 1936, amendment.

Construction reserve funds.

75 Stat. 661.

46 USC 1161.
That the proviso at the end of section 511(h) of the Merchant Marine Act, 1936, as amended, is amended to read as follows: “Provided, That until January 1, 1963, in addition to the extensions hereinbefore permitted, further extensions may be granted ending not later than December 31, 1963.”
Sec. 2.

Effective date.

 The amendment made by the first section of this Act shall take effect December 31, 1962, or on the date of enactment of this Act, whichever date first occurs.
Approved October 10, 1962.
Public Law 87–783: Granting consent of the Congress to a compact entered Into between the State of Maryland and the Commonwealth of Virginia for the creation of the Potomac River Compact of 1958. Public Law 783 Public Law 87–783 76 Stat. 797 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 797 Public Law 87–783
JOINT RESOLUTION Granting consent of the Congress to a compact entered Into between the State of Maryland and the Commonwealth of Virginia for the creation of the Potomac River Compact of 1958.

October 10, 1962

[H. J. Res. 659]

 Whereas the State of Maryland and the Commonwealth of Virginia

Potomac River Compact of 1958.

Consent of Congress.

have entered into a compact, known as the Potomac River Compact of 1958, by means of concurrent legislation for that purpose, being chapter 269 of the Acts of the General Assembly of Maryland of 1959 and being found in chapters 5 and 28 of the 1959 Extraordinary Session of the General Assembly of Virginia: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the consent of the Congress, subject to the provisions and conditions of section 2 of this joint resolution, is given to the State of Maryland and the Commonwealth of Virginia for the Potomac River Compact of 1958 and for each and every part and article thereof: Provided, That nothing in this compact snail be construed as impairing or in any manner affecting any right or jurisdiction of the United States in or over the region which forms the subject of the compact or the power of Congress pursuant to the United States Constitution over interstate or foreign commerce. The compact reads as follows: “POTOMAC RIVER COMPACT OF 1958 “preamble “Whereas Maryland and Virginia are both vitally interested in conserving and improving the valuable fishery resources of the Tidewater portion of the Potomac River, and “Whereas, certain provisions of the Compact of 1785 between Maryland and Virginia having become obsolete, Maryland and Virginia each recognizing that Maryland is the owner of the Potomac River bed and waters to the low water mark of the southern shore thereof, as laid out on the Mathews-Nelson survey of 1927, and that Virginia is the owner of the Potomac River bed and waters southerly from said low water mark as laid out, and that the citizens of Virginia have certain riparian rights along the southern shore of the river, as shown on said Mathews-Nelson survey, and, in common with the citizens of Maryland, the right of fishing in said river, Maryland and Virginia nave agreed that the necessary conservation and improvement of the tidewater portion of the Potomac fishery resources can be best, achieved by a Commission comprised of representatives of both Maryland and Virginia, charged with the establishment and maintenance of a program to conserve and improve these resources, and “Whereas, at a meeting of the commissioners appointed by the Governors of the State of Maryland and the Commonwealth of Virginia, to-wit: Carlyle Barton, M. William Adelson, Stephen R. Collins, Edward S. Delaplaine and William J. McWilliams, Esquires, on the part of the State of Maryland, and Mills E. Godwin, Jr., Howard H. Adams, Robert Y. Button, John Warren Cooke and Edward E. Lane, Esquires, on the part of the Commonwealth of Virginia, at Mount Vernon, Virginia, on the twentieth of December, in the year one thousand nine hundred and fifty-eight, the following Potomac River Compact of 1958 between the Commonwealth of Virginia and the State of Maryland was mutually agreed to by the said Commissioners: Now, therefore, be it 76 Stat. 798
“Resolved by the Commissioners appointed by the Governors of the State of Maryland and the Commonwealth of Virginia, meeting in joint session, that they do unanimously recommend to the said respective Governors that there be a new compact, to be designated as the “Potomac River Compact of 1958”, and that the said new compact be referred as promptly as possible to the Legislatures of the State of Maryland and the Commonwealth of Virginia for appropriate action, and to the end and after ratification and adoption by said Legislatures the same be submitted to the Congress of the United States for approval.
“Article I “commission—membership and organization
“Section 1. Commission Created.— The Potomac River Fisheries Commission, hereinafter designated as “Commission”, is hereby created.
“Sec. 2. Members.— The Commission shall consist of six members, three from Maryland and three from Virginia. The Maryland members shall be the members of the Tidewater Fisheries Commission of Maryland or its successor agency and the Virginia members shall be the members of the Virginia Fisheries Commission or its successor agency. If the membership of either of the respective State Commissions exceeds three, then the three Commission members from that State shall be selected by the Governor thereof from the members of the State Commission; and if the membership of either of the respective State Commissions is less than three, the three Commission members from that State shall lie the member or members of the State Commission, and such additional person or persons who shall be appointed by the Governor as may be necessary to constitute a total of three Commissioners.
“Sec. 3. Term, Vacancies.— The term of Commissioners who are members of their respective State Commissions shall be conterminous with their term on their State Commission. The term of Commissioners who are not members of their State Commission shall be four years. Vacancies on the Commission shall be filled by appointment of the Governor of the State entitled to fill the vacancy, except that where the State Commission has three members, the person filling a vacancy on the State Commission shall ex officio become a member of the Commission.
“Sec. 4. Chairman.— The Chairman of the Commission shall alternate from year to year between the representatives of Maryland and Virginia. Subject to such alternation, the Chairman shall be elected by the Commissioners for a term of one year.
“Sec. 5. Compensation, Expenses.— Commissioners shall be entitled to receive from the General Fund of the Commission compensation of twenty-five dollars ($25.00) for each day or portion thereof spent in the performance of their duties, and reimbursement of reasonable expenses incident to the performance of their duties.
“Sec. 6. Meetings, Quorum.—

Commission meetings shall be held at least once each quarter, and at such other times as the Commission may determine.

“In order to constitute a quorum for the transaction of any business at least two of the three members from each State must be present and must vote on the business being transacted.
“Sec. 7. Office and Employees.— The Commission shall establish and maintain an office at such locations as it may select, and may employ an Executive Secretary who shall serve at the pleasure of the Commission, and such other administrative, clerical, scientific, and legal personnel as it deems necessary. The powers, duties and com-76 Stat. 799pensation of all employees shall be as prescribed by the Commission, and the employees shall not be subject to the provisions of Article 64A of the Annotated Code of Maryland nor to the provisions of the Virginia Personnel Act, as the same may be from time to time in effect. The Commission may extend to any employee or employees membership in the Virginia Supplemental Retirement System or the Maryland Employees’ Retirement System, whichever is applicable, subject to the laws relating to each such retirement system.
“Article II “jurisdictional boundaries

“The territory in which the Potomac River Fisheries Commission shall have jurisdiction shall be those waters of the Potomac River enclosed within the following described area:

“Beginning at the intersection of mean low water mark at Point Lookout and an established line running from Smiths Point to Point Lookout, marking Chesapeake Bay waters; thence following the mean low water line of the shore northwesterly across the respective mouths of all creeks to Gray Point at the westerly entrance into Rowley Bay; thence in a straight line northwesterly to the southerly extremity of Kitts Point; thence along the mean low water line to the southwesterly point of St. Inigoes Neck; thence in a straight line westerly to the most easterly point of St. Georges Island; thence following the mean low water line in a general northwesterly direction, across the respective mouths of all creeks and inlets to the southwesterly point of Huggins Point; thence in a straight line southwesterly to the eastern extremity of the sand bar known as Heron Island; thence northwesterly following the ridge of Heron Island Bar to its westerly extremity; thence southwesterly in a straight line to the most southerly point of Blakiston Island; thence in a straight line northwesterly to the southern extremity of Colton’s Point; thence following the mean low water line westerly, excluding all creeks and inlets, to the point marking the southeasterly entrance into St. Catherine Sound; thence westerly in a straight line to the southern extremity of St. Catherine Island Sandbar; thence northwesterly, along the westerly edge of said sand bar continuing along the mean low water line of the southwesterly side of St. Catherine Island to the northwesterly point of said island; thence westerly in a straight line to Cobb Point Bar Lighthouse; thence northwesterly along the ridge of Cobb Point Sandbar to the southerly extremity of Cobb Point; thence following the mean low water line in general northwesterly and northerly directions across the respective mouths of all creeks and inlets to a point at the easterly entrance into Port Tobacco River, due east of Windmill Point; thence in a straight line westerly to Windmill Point; thence southwesterly following the mean low water line across the respective mouths of all creeks and inlets to Upper Cedar Point; thence southwesterly in a straight line across the mouth of Nanjemoy Creek to a point on shore at the village of Riverside; thence following the mean low water line, southwesterly, northwesterly and northerly across the respective mouths of all creeks and inlets to Smiths Point; thence northerly in a st raight line to Liverpool Point; thence northerly in a straight line to Sandy Point; thence following the mean low water line northerly, across the respective mouths of all creeks and inlets to Moss Point; thence northerly in a straight line across Chicamuxen Creek to the southernmost point of Stump Neck; thence following the mean low water line northeasterly, across the respective mouths of all creeks and inlets, to a point at the southerly entrance into Mattawoman Creek; thence in a straight line northeasterly across the mouth of Mattawoman Creek to the south-76 Stat. 800westerly point of Cornwallis Neck; thence following the mean low water line northeasterly, across the respective mouths of all creeks and inlets, to Chapman Point; thence in a straight line northeasterly to Pomonkey or Hillis Point; thence following the mean low water line in a northerly direction across the respective mouths of all creeks and inlets, to a point on Marshall Hall shore, due south of Ferry Point; thence northeasterly in a straight line to Bryan Point; thence northeasterly in a straight line to the northwest extremity of Mockley Point; thence northeasterly in a straight line to Hatton Point; thence northerly in a straight line to the southwesternmost point of Indian Queen Bluff; thence following the mean low water line northerly across the respective mouths of all creeks and inlets, to Rosier Bluff Point; thence in a straight line northerly to the intersection with the District of Columbia line at Fox Ferry Point; thence following the boundary line of the District of Columbia southwesterly to a point on the lower or southern shore of the Potomac River, said point being the intersection of the boundary line of the Commonwealth of Virginia with the boundary line of the District of Columbia; thence following the mean low water line of the Potomac River on the southern, or Virginia shore, as defined in the Black-Jenkins Award of 1877 and as laid out in the Mathews-Nelson Survey of 1927, beginning at the intersection of the Potomac River and the District of Columbia line at Jones Point and running to Smiths Point; and thence in a straight line across the mouth of the Potomac River on the established line from Smiths Point to Point Lookout, to the mean low water mark at Point Lookout, the place of beginning.
“Article III “commission powers and duties
“Section 1. Oyster Bars.— The Commission shall make a survey of the oyster bars within its jurisdiction and may reseed and replant said oyster bars as may from time to time be necessary.
“Sec. 2. Fish and Seafood.— The Commission may by regulation prescribe the type, size and description of all species of finfish, crabs, oysters, clams and other shellfish which may be taken or caught, within its jurisdiction, the places where they may be taken or caught, and the manner of taking or catching.
“Sec. 3. Research.— The Commission shall maintain a program of research relating to the conservation and repletion of the fishery resources within its jurisdiction, and to that end may cooperate and contract with scientists and public and private scientific agencies engaged in similar work, and may purchase, construct, lease, borrow or otherwise acquire by any lawful method such property, structures, facilities, or equipment as it deems necessary.
“Sec. 4. Licenses.— (a) The Commission shall issue such licenses as it may prescribe which shall thereupon be required for the taking of finfish, crabs, oysters, clams or other shellfish from the waters within the jurisdiction of the Commission, and for boats, vessels and equipment used for such taking. Recognizing that the right of fishing in the territory over which the Commission shall have jurisdiction is and shall be common to and equally enjoyed by the citizens of Virginia and Maryland, the Commission shall make no distinction between the citizens of Virginia or Maryland in any rule, regulation or the granting of any licenses, privileges, or rights under this compact. “(b) Licenses for the taking of oysters and clams and the commercial taking of finfish and crabs withm the jurisdiction of the Commission shall be granted only to citizens of Maryland or Virginia who76 Stat. 801have resided in either or both states for at least twelve months immediately preceding the application for the license. Within six months after the effective date of this compact, the Commission shall adopt a schedule of licenses, the privileges granted thereby, and the fees therefor, which may be modified from time to time in the discretion of the Commission. “(c) The licenses hereby authorized may be issued at such places, by such persons, and in accordance with such procedures as the Commission may determine.
“Sec. 5. Expenditures.— The Commission is authorized to expend funds for the purposes of general administration, repletion of the fish and shellfish in the Potomac River, and the conservation and research programs authorized under this compact, subject to the limitations provided in this compact.
“Sec. 6. Grants, Contributions, etc.— The Commission is authorized to receive and accept (or to refuse) from any and all public and private sources such grants, contributions, appropriations, donations, and gifts as may be given to it, which shall be paid into and become part of the General Fund of the Commission, except where the donor instructs that it shall be used for a specific project, study, purpose, or program, in which event it shall lie placed in a special account, which shall be administered under the same procedure as that prescribed for the General Fund.
“Sec. 7. Cooperation of State Agencies.— The Commission may call upon the resources and assistance of the Virginia Fisheries Laboratory, the Maryland Department of Research and Education, and all other agencies, institutions, and departments of Maryland and Virginia which shall cooperate fully with the Commission upon such request.
“Sec. 8. Regulations.— The Commission shall have the power to make, adopt and publish such rules and regulations as may be necessary or desirable for the conduct of its meetings, such hearings as it may from time to time hold, and for the administration of its affairs.
“Sec. 9. Inspection Tax.— The Commission may impose an inspection tax, in an amount as fixed from time to time by the Commission, not exceeding per bushel, upon all oysters caught within the limits of the Potomac River. The tax shall be paid by the buyer at the place in Maryland or Virginia where the oysters are unloaded from vessels and are to be shipped no further in bulk in vessel, to an agent of the Commission, or to such officer or employee of the Virginia Fisheries Commission or of the Maryland Department of Tidewater Fisheries, as may be designated by the Commission, and by him paid over to the Commission.
“Article IV “commission regulations—procedure and review
“Section 1. Notice, Hearing, Vote.— No regulation shall be adopted by the Commission unless: “(a) A public hearing is held thereon; “(b) Prior to the hearing the Commission has given notice of the proposed regulation by publication thereof at least once a week for three successive weeks in at least one newspaper published, or having a general circulation in each county of Maryland and Virginia contiguous to the waters within the Commission’s jurisdiction, the first such publication to be at least thirty days but not more than forty-five days prior to the date of the hearing; “(c) A copy of the proposed regulation is mailed at least thirty days but not more than forty-five days prior to the hearing, to the clerk of the court of each county of Maryland and Virginia contiguous 76 Stat. 802to the waters within the Commission’s jurisdiction, who shall post the same in a conspicuous place at or in the courthouse; and “(d) The regulation is approved by at least four members of the Commission.
“Sec. 2. Recording, Effective Date.— (a) Regulations of the Commission shall be exempt from the provisions of Chapter 1.1 (§ 9–6.1 et seq.) of Title 9 of the Code of Virginia (1950 Edition, as amended from time to time), and of section 9 of Article 41 of the Annotated Code of Maryland (1957 Edition, as amended from time to time). Copies of Commission regulations shall be kept on public file and available for public reference in the offices of the Commission, the office of the clerk of court in each county of Maryland and Virginia contiguous to the waters within the Commission’s jurisdiction, the office of the Virginia Division of Statutory Research and Drafting, the office of the Maryland Department of Legislative Reference, the office of the Virginia Fisheries Commission, and the office of the Maryland Department of Tidewater Fisheries. “(b) No regulation of the Commission shall become effective until thirty (30) days after the date of its adoption, or such later date as may be fixed by the Commission. “(c) Leasing, dredging or patent tonging shall be authorized by the Commission only if such authorization is granted by joint action of the Legislatures of Maryland and Virginia.
“Sec. 3. Review.— Any person aggrieved by any regulation or order of the Commission may at any time file a petition for declatory judgment with respect to the validity or construction thereof, in the circuit court of any county in Maryland or Virginia contiguous to the waters within the Commission’s jurisdiction. A review of the final judgment of the circuit court may be appealed to the court of highest appellate jurisdiction of the state in accordance with the rules of procedure in such state.
“Sec. 4. Revision by Legislative Action.— Regulations of the Commission may be amended, modified, or rescinded by joint enactment of the General Assembly of Maryland and the General Assembly of Virginia.
“Sec. 5. Revision of Compact.— At any time subsequent to the adoption of this compact the Governor or Legislature of either Maryland or Virginia may call for the appointment of a Commission to make further study and recommendations concerning revision and amendments to this compact, at which time the Governors of the respective states shall act forthwith in compliance with the request for the appointment of said Commission.
“Article V “enforcement of laws and regulations: penalties
“Section 1. Responsibility for Enforcement.— The regulations and orders of the Commission shall be enforced by the joint effort of the law enforcement agencies and officers of Maryland and Virginia.
“Sec. 2. Penalties.— The violation of any regulation of the Commission shall be a misdemeanor. Unless a lesser punishment is provided by the Commission, such violation shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or confinement in a penal institution for not more than one (1) year, or both, in the discretion of the court, and any vessel, boat, or equipment used in the taking of finfish, crabs, oysters, clams, or other shellfish from the Potomac River in violation of any regulation of the Commission or of applicable laws may be confiscated by the court, upon the abandonment thereof or the conviction of the owner or operator thereof.
76 Stat. 803
“Sec. 3. Jurisdiction of Court.— The officer making an arrest or preferring a charge for violation of a regulation of the Commission or an applicable state law respecting the waters within the Commission’s jurisdiction shall take the alleged offender to a court of competent jurisdiction in either state, in a county adjacent to the portion of the Potomac River where the alleged offense occurred, which shall thereupon have jurisdiction over the offense.
“Sec. 4. Disposition of Fines and Forfeitures.— All fines imposed for violation of regulations of the Commission or applicable state laws respecting the waters within the Commission’s jurisdiction shall be paid into the court in which the case is prosecuted, and accounted for under the laws applicable to that court. Any property confiscated under the provisions of this compact shall be turned over to the Commission, which may retain, use or dispose of it as it deems best.
“Article VI “commission finances
“Section 1. Budget.— The Commission shall approve and adopt a proposed annual budget showing estimated income, revenues, appropriations, and grants from all sources, and estimated necessary expenditures and shall send a copy thereof to the Governors of Maryland and Virginia.
“Sec. 2. Appropriations.— The said Governors shall place in the proposed budget of their respective states for each year the sum of not less than fifty thousand dollars ($50,000.00) for the expenses and the other purposes of the Commission for that year, except that none of the sum so appropriated shall be used for law enforcement purposes; and the General Assembly of each of the two states agrees to appropriate annually not less than this sum to the Commission.
“Sec. 3. General Fund.— (a) The General Fund shall consist of: “(1) All income and revenue received from the issuance of licenses under this compact; “(2) The proceeds of the disposition of property confiscated pursuant to the provisions of this compact; “(3) The proceeds of the inspection tax upon oysters imposed pursuant to this compact; and “(4) The funds appropriated to the Commission by the two States. “(b) The General Fund of the Commission shall be kept in such bank or depository as the Commission shall from time to time select. The General Fund shall be audited annually by the Auditor of Public Accounts of Virginia and the State Auditor of Maryland acting jointly, and at such other times as the Commission may request.
“Article VII “effect on existing laws and prior compact
“Section 1. Existing Rights.— The rights, including the privilege of erecting and maintaining wharves and other improvements, of the citizens of each State along the shores of the Potomac River adjoining their lands shall be neither diminished, restricted, enlarged, increased nor otherwise altered by this compact, and the decisions of the courts construing that portion of Article VII of the Compact of 1785 relating to the rights of riparian owners shall be given full force and effect.
“Sec. 2. Existing Laws.— The laws of the State of Maryland relating to finfish, crabs, oysters, and clams in the Potomac River, as set 76 Stat. 804forth in Article 66C of the Annotated Code of Maryland and as in effect on December 1, 1958, shall be and remain applicable in the Potomac River except to the extent changed, amended, or modified by regulations of the Commission adopted in accordance with this compact.
“Sec. 3. Existing Licenses.— The rights and privileges of licensees to take and catch finfish, crabs, oysters, clams, and other shellfish in the Potomac River, which are in effect at the time this compact becomes effective, shall continue in force for a period of six months at which time every such license and every such right and privilege shall be abrogated.
“Article VIII “effect of ratification “These articles shall be laid before the Legislatures of Virginia and Maryland, and their approbation being obtained, shall be confirmed and ratified by a law of each State, never to be repealed or altered by either, without the consent of the other.
“Article IX “effective date “This compact, which takes the place of the Compact of 1785 between Maryland and Virginia, shall take effect at the expiration of sixty days after the completion of the last act legally necessary to make it operative, and thereupon the said Compact of 1785 shall no longer have any force or effect.”
Sec. 2. (a) The right to alter, amend, or repeal this joint resolution is hereby expressly reserved. (b) The right is hereby reserved to the Congress or any of its standing committees to require of the Potomac River Fisheries Commission the disclosure and furnishing of such information and data as is deemed appropriate by the Congress or any committee thereof having jurisdiction of the subject matter of this resolution.
Approved October 10, 1962.
Public Law 87–784: To amend the Act directing the Secretary of the Interior to convey certain public lands in the State of Nevada to the Colorado River Commission of Nevada in order to extend for five years the time for selecting such lands. Public Law 784 Public Law 87–784 76 Stat. 804 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–784
AN ACT To amend the Act directing the Secretary of the Interior to convey certain public lands in the State of Nevada to the Colorado River Commission of Nevada in order to extend for five years the time for selecting such lands.

October 10, 1962

[S. 3089]

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

Colorado River Commission, Nev.

Land conveyance provisions, extension.
That the Act entitled “An Act to direct the Secretary of the Interior to convey certain public lands in the State of Nevada to the Colorado River Commission of Nevada acting for the State of Nevada”, approved March 6, 1958 (72 Stat. 31), is amended as follows: (1) in section 2, strike out “five years” and insert in lieu thereof “ten years”; (2) in section 3, strike out “five-year” and insert in lieu thereof “ten-year”; and (3) at the end of section 4(c) add: “The appraisal shall be of the fair market value of the lands as of the effective date of this Act.”
Approved October 10, 1962.
Public Law 87–785: To amend the Act of August 9, 1955, for the purpose of including the Southern Ute Indian Reservation among reservations excepted from the twenty-five year lease limitation. Public Law 785 Public Law 87–785 76 Stat. 805 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 805 Public Law 87–785
AN ACT To amend the Act of August 9, 1955, for the purpose of including the Southern Ute Indian Reservation among reservations excepted from the twenty-five year lease limitation.

October 10, 1962

[H. R. 8113]

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

Indians.

Southern Ute Reservation.

73 Stat. 597.

sentence of section 1 of the Act of August 9, 1955 (69 Stat. 539), as amended (25 U.S.C. 415), is hereby further amended by deleting the words “and on” and inserting in lieu thereof the words, “, the Southern Ute Reservation, and”.
Approved October 10, 1962.
Public Law 87–786: To amend the Federal Property and Administrative Services Act of 1949 so as to permit donations of surplus personal property to schools for the mentally retarded, schools for the physically handicapped, radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations, and public libraries. Public Law 786 Public Law 87–786 76 Stat. 805 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–786
AN ACT To amend the Federal Property and Administrative Services Act of 1949 so as to permit donations of surplus personal property to schools for the mentally retarded, schools for the physically handicapped, radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations, and public libraries.

October 10, 1962

[H. R. 11378]

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

That the first sentence

Federal Property and Administrative Services Act of 1949, amendment.

70 Stat. 493.

of paragraph (3) of subsection (j) of section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484 (j)) is amended (a) by striking out in clauses (A) and (B) the words “and universities’ and inserting in lieu thereof, in each such clause, the phrase “universities, schools for the mentally retarded, schools for the physically handicapped, and radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations”, and (b) by striking out the word “and” before “(B)” and by inserting immediately before the period at the end of such sentence the following: “, and (C) public libraries”.

Section 203(j) of such Act is further amended by inserting at the end thereof the following paragraph:

“(7) The term ‘public library’, as used in this subsection, means a

“Public library.”

library that serves free all residents of a community, district, State, or region, and receives its financial support in whole or in part from public funds.”
Approved October 10, 1962.
Public Law 87–787: To extend for two years the period for which payments in lieu of taxes may be made with respect to certain real property transferred by the Reconstruction Finance Corporation and its subsidiaries to other Government departments. Public Law 787 Public Law 87–787 76 Stat. 805 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–787
AN ACT To extend for two years the period for which payments in lieu of taxes may be made with respect to certain real property transferred by the Reconstruction Finance Corporation and its subsidiaries to other Government departments.

October 10, 1962

[H. R. 11594]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section 703 of the Federal Property and Administrative Services Act of 1949 (69 Stat. 722) is amended by striking out the figures “1963”, and inserting

74 Stat. 165.

40 USC 523.

in lieu thereof the figures “1965”. (b) Section 704 of such Act (69 Stat. 723) is amended by striking

40 USC 524.

 out the figures “1962”, and inserting in lieu thereof the figures “1964”.
Approved October 10, 1962.
Public Law 87–788: To authorize the Secretary of Agriculture to encourage and ass let the several States in carrying on a program of forestry research, and for other purposes. Public Law 788 Public Law 87–788 76 Stat. 806 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 806 Public Law 87–788
AN ACT To authorize the Secretary of Agriculture to encourage and ass let the several States in carrying on a program of forestry research, and for other purposes.

October 10, 1962

[H. R. 12688]

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

Forestry.

Research programs, promotion.
That it is hereby recognized that research in forestry is the driving force behind progress in developing and utilizing the resources of the Nation’s forest and related rangelands. The production, protection, and utilization of the forest resources depend on strong technological advances and continuing development of the knowledge necessary to increase the efficiency of forestry practices and to extend the benefits that flow from forest and related rangelands. It is recognized that the total forestry research efforts of the several State colleges and universities and of the Federal Government are more fully effective if there is close coordination between such programs, and it is further recognized that forestry schools are especially vital in the training of research workers in forestry.
Sec. 2.

Cooperation with States.

In order to promote research in forestry, the Secretary of Agriculture is hereby authorized to cooperate with the several States for the purpose of encouraging and assisting them in carrying out programs of forestry research.

Such assistance shall be in accordance with plans to be agreed upon in advance by the Secretary and (a) land-grant colleges or agricultural experiment stations established under the Morrill Act of July 2,

7 USC 301–308.

69 Stat. 671.

7 USC 361a–3611.

1862 (12 Stat. 503), as amended, and the Hatch Act of March 2, 1887 (24 Stat. 440), as amended, and (b) other State-supported colleges and universities offering graduate training in the sciences basic to forestry and having a forestry school; however, an appropriate State representative designated by the State’s Governor shall, in any agreement drawn up with the Secretary of Agriculture for the purposes of this Act, certify those eligible institutions of the State which will qualify for assistance and shall determine the proportionate amounts of assistance to be extended these certified institutions.
Sec. 3.

Appropriation.

 To enable the Secretary to carry out the provisions of this Act there are hereby authorized to be appropriated such sums as the Congress may from time to time determine to be necessary but not exceeding in any one fiscal year one-half the amount appropriated for Federal forestry research conducted directly by the Department of Agriculture for the fiscal year preceding the year in which the budget is presented for such appropriation. Funds appropriated and made available to the States under this Act shall be in addition to allotments or grants that may be made under other authorizations.
Sec. 4.

State-certified institutions, matching funds.

 The amount paid by the Federal Government to any State-certified institutions eligible for assistance under this Act shall not exceed during any fiscal year the amount available to and budgeted for expenditure by such college or university during the same fiscal year for forestry research from non-Federal sources. The Secretary is authorized to make such expenditures on the certificate of the appropriate official of the college or university having charge of the forestry research for which the expenditures as herein provided arc to be made. If any or all of the colleges or universities certified for receipt of funds under this Act fails to make available and budget for expenditure for forestry research in any fiscal year sums at least as much as the amount for which it would be eligible for such year under this Act, the difference between the Federal funds available and the funds made available and budgeted for expenditure by the college or university shall be reapportioned by the Secretary to other eligible colleges or 76 Stat. 807universities of the same State if there be any which qualify therefor and, if there be none, the Secretary shall reapportion such differences to the qualifying colleges and universities of other States participating in the forestry research program.
Sec. 5. Apportionments among participating States and administrative

Apportionments among States.

expenses in connection with the program shall be determined by the Secretary after consultation with a national advisory board of not less than seven officials of the forestry schools of the State-certified eligible colleges and universities chosen by a majority of such schools. In making such apportionments consideration shall be given to pertinent factors including, but not limited to, areas of non-Federal commercial forest land and volume of timber cut annually from growing stock.
Sec. 6. The Secretary is authorized and directed to prescribe such

Appointment of advisory committee.

 rules and regulations as may be necessary to carry out the provisions of this Act and to furnish such advice and assistance through a cooperative State forestry research unit in the Department of Agriculture as will best promote the purposes of this Act. The Secretary is further authorized and directed to appoint an advisory committee which shall be constituted to give equal representation to Federal-State agencies concerned with developing and utilizing the Nation’s forest resources and to the forest industries. The Secretary and the national advisory board shall seek at least once each year the counsel and advice of the advisory committee to accomplish effectively the purposes of this Act.
Sec. 7. The term “forestry research” as used in this Act shall include

“Forestry research.”

investigations relating to: (1) Reforestation and management of land for the production of crops of timber and other related products of the forest; (2) management of forest and related watershed lands to improve conditions of waterflow and to protect resources against floods and erosion; (3) management of forest and related rangeland for production of forage for domestic livestock and game and improvement of food and habitat for wildlife; (4) management of forest lands for outdoor recreation; (5) protection of forest land and resources against fire, insects, diseases, or other destructive agents; (6) utilization of wood and other forest products; (7) development of sound policies for the management of forest lands and the harvesting and marketing of forest products; and (8) such other studies as may be necessary to obtain the fullest and most effective use of forest resources.
Sec. 8. The term “State” as used in this Act shall include Puerto

“State.”

Rico.
Approved October 10, 1962.
Public Law 87–789: To provide for the establishment of the Fort Saint Marks National Historic Site. Public Law 789 Public Law 87–789 76 Stat. 807 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–789
AN ACT To provide for the establishment of the Fort Saint Marks National Historic Site.

October 10, 1962

[H. R. 12164]

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

Fort Saint Marks National Historic Site, Fla.

Establishment.

of the Interior may accept on behalf of the United States a donation of the site of Fort Saint Marks, located at Saint Marks, Florida, together with all improvements thereon and appurtenances thereto, and such surrounding or adjacent land as is reasonably necessary to carry out the purposes of this Act. When so acquired, such property shall be designated as the Fort Saint Marks National Historic Site, and shall be set aside as a public national memorial.
76 Stat. 808
Sec. 2. In order to provide for the proper development of the Fort Saint Marks National Historic Site, the Secretary or the Interior shall erect thereon and maintain as parts thereof the following— (1) a museum, which shall contain items of historical interest pertaining to Fort Saint Marks; (2) such markers, structures, and landscaping as may in his judgment be appropriate.
Sec. 3. The Secretary of the Interior, acting through the National Park Service, shall administer, protect, develop, and maintain the Fort Saint Marks National Historic Site subject to the provisions of this Act and in accordance with the provisions of the Act of August 25, 1916, entitled “An Act to establish a National Park Service, and for

39 Stat. 535.

other purposes other purposes” (16 U.S.C. 1 and others), as amended and supplemented, and the provisions of the Act of August 21, 1935, entitled “An Act to provide for the preservation of historic American sites, buildings, and antiquities of national significance, and for ”

49 Stat. 666.

Appropriation.

(16 U.S.C. 461, 467), as amended.
Sec. 4. There is authorized to be appropriated not to exceed $100,000 for the purposes of this Act.
Approved October 10, 1962.
Public Law 87–790: To extend for a temporary period the existing provisions of law relating to the free importation of personal and household effects brought into the United States under Government orders, and for other purposes. Public Law 790 Public Law 87–790 76 Stat. 808 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–790
AN ACT To extend for a temporary period the existing provisions of law relating to the free importation of personal and household effects brought into the United States under Government orders, and for other purposes.

October 10, 1962

[H. R. 12180]

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

Duty-free entries and tax relief.

Personal and household effects.
That subsection (b) of the first section of the Act entitled “An Act relating to the free importation of personal and household effects brought into the United States under Government orders, and for other purposes”, approved June 30, 1955 (Public Law 126, Eighty-fourth Congress; 69 Stat.

74 Stat. 289.

50 USC app. 801 note.

Monofilament gill fish nets.

46 Stat. 672; Ante, pp. 72. 404.

242), as amended, is amended by striking out “July 1, 1962” and inserting in lieu thereof “July 1, 1964”.
Sec. 2. (a) Section 201 of the Tariff Act of 1930 (19 U.S.C. 1201) is amended by adding at the end thereof the following new paragraph: “Par. 1829. Monofilament gill nets for use in fish sampling, under such rules and regulations as the Secretary of the Treasury may prescribe.” (b)

Effective date.

 The amendment made by subsection (a) shall be effective with respect to articles entered or withdrawn from warehouse for consumption on and after the day following the date of enactment of this Act.
Sec. 3.

Accident and health insurance contracts.

73 Stat. 122.

26 USC 809.

 (a) Section 809(d)(6) of the Internal Revenue Code of 1954 (relating to deduction for group life, accident, and health insurance) is amended— (1) by striking out “group life insurance contracts and group accident and health insurance contracts” and inserting in lieu thereof “accident and health insurance contracts (other than those to which paragraph (5) applies) and group life insurance contracts”; and (2) by striking out the heading and inserting in lieu thereof “(6) Certain accident and health insurance and group life insurance.—”. (b)

26 USC 815.

 Section 815(c)(2)(C) of such Code (relating to policyholders surplus account) is amended by striking out “group life and group 76 Stat. 809accident and health insurance contracts” and inserting in lieu thereof “accident and health insurance and group life insurance contracts”. (c) The amendments made by this section shall apply to taxable

Effective date.

years beginning after December 31, 1962.
Approved October 10, 1962.
Public Law 87–791: To authorize reimbursement to appropriations of the United States Secret Service of moneys expended for the purchase of counterfeits. Public Law 791 Public Law 87–791 76 Stat. 809 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–791
AN ACT To authorize reimbursement to appropriations of the United States Secret Service of moneys expended for the purchase of counterfeits.

October 10, 1962

[H. R. 12451]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That title 18, United

U.S. Secret Service.

65 Stat. 122.

States Code, section 3056, as amended, is hereby further amended by adding at the end thereof the following sentence: “Moneys expended from Secret Service appropriations for the purchase of counterfeits and subsequently recovered shall be reimbursed to the appropriation current at the time of deposit.”
Approved October 10, 1962.
Public Law 87–792: To encourage the establishment of voluntary pension plans by self-employed individuals. Public Law 792 Public Law 87–792 76 Stat. 809 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–792
AN ACT To encourage the establishment of voluntary pension plans by self-employed individuals.

October 10, 1962

[H. R. 10]

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

Self-Employed Individuals Tax Retirement Act of 1962.

be cited as the “Self-Employed Individuals Tax Retirement Act of 1962”.
SEC. 2. QUALIFICATION OF PLANS. Section 401 of the Internal Revenue Code of 1954 (relating to qualified pension, profit-sharing, and stock bonus plans) is amended— (1) by adding at the end of paragraph (5) of subsection (a)

68A Stat. 135.

26 USC 401.

the following new sentence: “For purposes of this paragraph and paragraph (10), the total compensation of an individual who is an employee within the meaning of subsection (c)(1) means such

Post, p. 811.

Post, p. 811.

individual’s earned income (as defined in subsection (c)(2)), and the basic or regular rate of compensation of such an individual shall be determined, under regulations prescribed by the Secretary or his delegate, with respect to that portion of his earned income which bears the same ratio to his earned income as the basic or regular compensation of the employees under the plan bears to the total compensation of such employees.”; (2) by adding at the end of subsection (a) the following new paragraphs: “(7) A trust shall not constitute a qualified trust under this section unless the plan of which such trust is a part provides that, upon its termination or upon complete discontinuance of contributions under the plan, the rights of all employees to benefits 76 Stat. 810accrued to the date of such termination or discontinuance, to the extent then funded, or the amounts credited to the employees’ accounts are nonforfeitable. This paragraph shall not apply to benefits or contributions which, under provisions of the plan adopted pursuant to regulations prescribed by the Secretary or his delegate to preclude the discrimination prohibited by paragraph (4), may not be used for designated employees in the event of early termination of the plan. “(8) A trust forming part of a pension plan shall not constitute a qualified trust under this section unless the plan provides that forfeitures must not be applied to increase the benefits any employee would otherwise receive under the plan. “(9) In the case of a plan which provides contributions or benefits for employees some or all of whom are employees within the meaning oi subsection (c)(1), a trust forming part of such plan shall not constitute a qualified trust under this section unless, under the plan, the entire interest of each employee— “(A)

Post, p. 812.

 either will be distributed to him not later than his taxable year in which he attains the age of 70% years, or, in the case of an employee other than an owner-employee (as defined in subsection (c)(3)), in which he retires, whichever is the later, or “(B) will be distributed, commencing not later than such taxable year, (i) in accordance with regulations prescribed by the Secretary or his delegate, over the life of such employee or over the lives of such employee and his spouse, or (ii) in accordance with such regulations, over a period not extending beyond the life expectancy of such employee or the life expectancy of such employee and his spouse. A trust shall not be disqualified under this paragraph by reason of distributions under a designation, prior to the date of the enactment of this paragraph, by any employee under the plan of which such trust is a part, of a method of distribution which does riot meet the terms of the preceding sentence. “(10) In the case of a plan which provides contributions or benefits for employees some or all of whom are owner-employees

Post, p. 812.

 (as defined in subsection (c)(3))— “(A)

26 USC 401.

 paragraph (3) and the first and second sentences of paragraph (5) shall not apply, but— “(i) such plan shall not be considered discriminatory within the meaning of paragraph (4) merely because the contributions or benefits of or on behalf of employees under the plan bear a uniform relationship to the total compensation, or the basic or regular rate of compensation, of such employees, and “(ii) such plan shall not be considered discriminatory within the meaning of paragraph (4) solely because under the plan contributions described in subsection (e)(3)(A)

Post, p. 818.

26 USC 404.

Post, p. 820.

 which are in excess of the amounts which may be deducted under section 404 (determined without regard to section 404(a)(10)) for the taxable year may be made on behalf of any owner-employee; and 76 Stat. 811 “(B) a trust forming a part of such plan shall constitute a qualified trust under this section only if the requirements in subsection (d) are also met.”; and

Post, p. 812.

 (3) by redesignating subsection (c) as subsection (h) and inserting after subsection (b) the following new subsections: “(c) Definitions and Rules Relating to Self-Employed Individuals and Owner-Employees.— For purposes of this section— “(1) Employee.— The term ‘employee’ includes, for any taxable year, an individual who has earned income (as defined in paragraph (2)) for the taxable year. To the extent provided in regulations prescribed by the Secretary or his delegate, such term also includes, for any taxable year— “(A) an individual who would be an employee within the meaning of the preceding sentence but for the fact that the trade or business carried on by such individual did not have net profits for the taxable year, and “(B) an individual who has been an employee within the meaning of the preceding sentence for any prior taxable year. “(2) Earned income.— “(A) In general.— The term ‘earned income’ means the net earnings from self-employment (as defined in section 1402(a)) to the extent that such net earnings constitute

26 USC 1402.

26 USC 911.

earned income (as defined in section 911(b) but determined with the application of subparagraph (B)), but such net earnings shall be determined— “(i) without regard to paragraphs (4) and (5) of section 1402(c), “(ii) in the case of any individual who is treated as an employee under sections 3121(d)(3)(A), (C), or (D),

26 USC 3121.

without regard to paragraph (2) of section 1402(c), and “(iii) without regard to items which are not included in gross income for purposes of this chapter, and the deductions properly allocable to or chargeable against such items. For purposes of this subparagraph, sections 911(b) and 1402, as in effect for a taxable year ending on December 31, 1962, and subparagraph (B), as in effect for a taxable year beginning on January 1, 1963, shall be treated as having been in effect for all taxable years ending before such date. “(B) Earned income when both personal services and captial are material income-producing factors.— In applying section 911 (b) for purposes of subparagraph (A), in the

26 USC 911.

case of an individual who is an employee within the meaning of paragraph (1) and who is engaged in a trade or business in which both personal services and capital are material income-producing factors and with respect to which the individual actually renders personal services on a full-time, or substantially full-time, basis, so much of his share of the net profits of such trade or business as does not exceed $2,500 shall be considered as earned income. In the case of any such individual who is engaged in more than one trade or business with respect to which he actually renders substantial personal services, if with respect to all such trades or businesses 76 Stat. 812he actually renders personal services on a full-time, or substantially full-time, basis, there shall be considered as earned income with respect to the trades or businesses in which both personal services and capital are material income-producing factors— “(i) so much of his share of the net profits of such trades or businesses as does not exceed $2,500, reduced by “(ii) his share of the net profits of any trade or business in which only personal services is a material income-producing factor. The preceding sentences shall not be construed to reduce the share of net profits of any trade or business which under the second sentence of section 911(b) would be considered as earned income of any such individual. “(3) Owner-employee.— The term ‘owner-employee’ means an employee who— “(A) owns the entire interest in an unincorporated trade or business, or “(B) in the case of a partnership, is a partner who owns more than 10 percent of either the capital interest or the profits interest in such partnership. To the extent provided in regulations prescribed by the Secretary or his delegate, such term also means an individual who has been an owner-employee within the meaning of the preceding sentence. “(4) Employer.— An individual who owns the entire interest in an unincorporated trade or business shall be treated as his own employer. A partnership shall be treated as the employer of each partner who is an employee within the meaning of paragraph (1). “(5) Contributions on behalf of owner-employees.— The term ‘contribution on behalf of an owner-employee’ includes, except as the context otherwise requires, a contribution under a plan— “(A) by the employer for an owner-employee, and “(B) by an owner-employee as an employee. “(d) Additional Requirements for Qualification of Trusts and Plans Benefiting Owner-Employees.— A trust forming part of a pension or profit-sharing plan which provides contributions or benefits for employees some or all of whom are owner-employees shall constitute a qualified trust under this section only if, in addition to meeting

26 USC 401.

the requirements of subsection (a), the following requirements of this subsection are met by the trust and by the plan of which such trust is a part: “(1) In the case of a trust which is created on or after the date of the enactment of this subsection, or which was created before such date but is not exempt from tax under section 501(a) as an

26 USC 501.

organization described in subsection (a) on the day before such date, the trustee is a bank, but a person (including the employer) other than a bank may be granted, under the trust instrument, the power to control the investment of the trust funds either by directing investments (including reinvestments, disposals, and exchanges) or by disapproving proposed investments (including 76 Stat. 813reinvestments, disposals, and exchanges). This paragraph shall not apply to a trust created or organized outside the United States before the date of the enactment of this subsection if, under section

26 USC 402.

402(c), it is treated as exempt from tax under section 501(a) on the day before such date; or, to the extent provided under regulations prescribed by the Secretary or his delegate, to a trust which uses annuity, endowment, or life insurance contracts of a life insurance company exclusively to fund the benefits prescribed by the trust, if the life insurance company supplies annually such information about trust transactions affecting owner-employees as the Secretary or his delegate shall by forms or regulations prescribe. For purposes of this paragraph, the term ‘bank’ means a bank as defined in section 581, a corporation which under the

26 USC 581.

laws of the State of its incorporation is subject to supervision and examination by the commissioner of banking or other officer of such State in charge of the administration of the banking laws of such State, and, in the case of a trust created or organized outside the United States, a bank or trust company, wherever incorporated, exercising fiduciary powers and subject to supervision and examination by governmental authority. “(2) Under the plan— “(A) the employees’ rights to or derived from the contributions under the plan are nonforfeitable at the time the contributions are paid to or under the plan; and “(B) in the case of a profit-sharing plan, there is a definite formula for determining the contributions to be made by the employer on behalf of employees (other than owner-employees). Subparagraph (A) shall not apply to contributions which, under provisions of the plan adopted pursuant to regulations prescribed by the Secretary or his delegate to preclude the discrimination prohibited by subsection (a)(4), may not be used to provide

26 USC 401.

benefits for designated employees in the event of early termination of the plan. “(3) The plan benefits each employee having a period of employment of 3 years or more. For purposes of the preceding sentence, the term ‘employee’ does not include any employee whose customary employment is for not more than 20 hours in any one week or is for not more than 5 months in any calendar year. “(4) Under the plan— “(A) contributions or benefits are not provided for any owner-employee unless such owner-employee has consented to being included under the plan; and “(B) no benefits may be paid to any owner-employee, except in the case of his becoming disabled (within the meaning of section 213(g)(3)), prior to his attaining the age

72 Stat. 1614.

26 USC 213.

of 59½ years. “(5) The plan does not permit— “(A) contributions to be made by the employer on behalf of any owner-employee in excess of the amounts which may be 76 Stat. 814

68A Stat. 138; Post, p. 820.

26 USC 404.

deducted under section 404 (determined without regard to section 404(a)(10)) for the taxable year; “(B) in the case of a plan which provides contributions or benefits only for owner-employees, contributions to be made on behalf of any owner-employee in excess of the amounts which may be deducted under section 404 (determined without regard to section 404(a)(10)) for the taxable year; and “(C) if a distribution under the plan is made to any employee and if any portion of such distribution is an amount

Post, p. 823.

described in section 72(m)(5)(A)(i), contributions to be made on behalf of such employee for the 5 taxable years succeeding the taxable year in which such distribution is made. Subparagraphs (A) and (B) shall not apply to any contribution which is not considered to be an excess contribution (as defined in

Post, p. 815.

Post, p. 817.

subsection (e)(1)) by reason of the application of subsection (e)(3). “(6)

26 USC 401.

26 USC 1401–1403.

26 USC 3101–3126.

42 USC 401 et seq.

 Except as provided in this paragraph, the plan meets the requirements of subsection (a)(4) without taking into account for any purpose contributions or benefits under chapter 2 (relating to tax on self-employment income), chapter 21 (relating to Federal Insurance Contributions Act), title II of the Social Security Act, as amended, or any other Federal or State law. If— “(A) of the contributions deductible under section 404 (determined without regard to section 404 (a)(10)), not more than one-third is deductible by reason of contributions by the employer on behalf of owner-employees, and “(B) taxes paid by the owner-employees under chapter 2 (relating to tax on self-employment income), and the taxes which would be payable under such chapter 2 by the owner-employees

26 USC 1402.

but for paragraphs (4) and (5) of section 1402(c), are taken into account as contributions by the employer on behalf of such owner-employees,

26 USC 3111.

then taxes paid under section 3111 (relating to tax on employers) with respect to an employee may, for purposes of subsection (a)(4), be taken into account as contributions by the employer for such employee under the plan. “(7) Under the plan, if an owner-employee dies before his entire interest has been distributed to him, or if distribution has been

Ante, p. 810.

 commenced in accordance with subsection (a)(9)(B) to his surviving spouse and such surviving spouse dies before his entire interest has been distributed to such surviving spouse, his entire interest (or the remaining part of such interest if distribution thereof has commenced) will, within 5 years after his death (or the death of his surviving spouse), be distributed, or applied to the purchase of an immediate annuity for his beneficiary or beneficiaries (or the beneficiary or beneficiaries of his surviving spouse) which will be payable for the life of such beneficiary or beneficiaries (or for a term certain not extending beyond the life expectancy of such beneficiary or beneficiaries) and which will be immediately distributed to such beneficiary or beneficiaries. The preceding sentence shall not apply if distribution of the interest of an owner-employee has commenced and such distribution is for a term certain over a period permitted under subsection (a)(9)(B)(ii). “(8) Under the plan— “(A) any contribution which is an excess contribution, together with the income attributable to such excess

Post, p. 817.

contribution, is (unless subsection (e)(2)(E) applies) to be repaid 76 Stat. 815to the owner-employee on whose behalf such excess contribution is made; “(B) if for any taxable year the plan does not, by reason of subsection (e)(2)(A), meet (for purposes of section 404)

Post, p. 816.

the requirements of this subsection with respect to an owner-employee, the income for the taxable year attributable to the interest of such owner-employee under the plan is to be paid to such owner-employee; and “(C) the entire interest of an owner-employee is to be repaid to him when required by the provisions of subsection (e)(2)(E).

Post, p. 817.

 “(9) (A) If the plan provides contributions or benefits for an owner-employee who controls, or for two or more owner-employees who together control, the trade or business with respect to which the plan is established, and who also control as an owner-employee or as owner-employees one or more other trades or businesses, such plan and the plans established with respect to such other trades or businesses, when coalesced, constitute a single plan which meets the requirements of subsection (a)(including paragraph (10) thereof) and of this subsection with respect to

68A Stat. 134; Ante, p. 810.

26 USC 401.

the employees of all such trades or businesses (including the trade or business with respect to which the plan intended to qualify under this section is established). “(B) For purposes of subparagraph (A), an owner-employee, or two or more owner-employees, shall be considered to control a trade or business if such owner-employee, or such two or more owner-employees together— “(i) own the entire interest in an unincorporated trade or business, or “(ii) in the case of a partnership, own more than 50 percent of either the capital interest or the profits interest in such partnership. For purposes of the preceding sentence, an owner-employee, or two or more owner-employees, shall be treated as owning any interest in a partnership which is owned, directly or indirectly, by a partnership which such owner-employee, or such two or more owner-employees, are considered to control within the meaning of the preceding sentence. “(10) The plan does riot provide contributions or benefits for any owner-employee who controls (within the meaning of paragraph (9)(B)), or for two or more owner-employees who together control, as an owner-employee or as owner-employees, any other trade or business, unless the employees of each trade or business which such owner-employee or such owner-employees control are included under a plan which meets the requirements of subsection (a)(including paragraph (10) thereof) and of this subsection, and provides contributions and benefits for employees which are not less favorable than contributions and benefits provided for owner-employees under the plan. “(11) Under the plan, contributions on behalf of any owner-employee may be made only with respect to the earned income of such owner-employee which is derived from the trade or business with respect to which such plan is established. “(e) Excess Contributions on Behalf of Owner-Employees.— “(1) Excess contribution defined.— For purposes of this section, the term ‘excess contribution’ means, except as provided in paragraph (3)— “(A) if, in the taxable year, contributions are made under the plan only on behalf of owner-employees, the amount of 76 Stat. 816any contribution made on behalf of any owner-employee which (without regard to this subsection) is not deductible under section 404 (determined without regard to section 404

68A Stat. 138; Post, p. 820.

26 USC 404.

(a)(10)) for the taxable year; or “(B) if, in the taxable year, contributions are made under the plan on behalf or employees other than owner-employees— “(i) the amount of any contribution made by the employer on behalf of any owner-employee which (without regard to this subsection) is not deductible under section 404 (determined without regard to section 404(a)(10)) for the taxable year; “(ii) the amount of any contribution made by any owner-employee (as an employee) at a rate which exceeds the rate of contributions permitted to be made by employees other than owner-employees; “(iii) the amount of any contribution made by any owner-employee (as an employee) which exceeds the lesser of $2,500 or 10 percent of the earned income for such taxable year derived by such owner-employee from the trade or business with respect to which the plan is established; and “(iv) in the case of any individual on whose behalf contributions are made under more than one plan as an owner-employee, the amount of any contribution made by such owner-employee (as an employee) under all such plans which exceeds $2,500; and “(C) the amount of any contribution made on behalf of an owner-employee in any taxable year for which, under

Infra.

paragraph (2)(A) or (E), the plan does not (for purposes of section 404) meet the requirements of subsection (d) with respect to such owner-employee. For purposes of this subsection, the amount of any contribution which is allocable (determined in accordance with regulations prescribed by the Secretary or his delegate) to the purchase of life, accident, health, or other insurance shall not be taken into account. “(2) Effect of excess contribution.— “(A) In general.— If an excess contribution (other than an excess contribution to which subparagraph (E) applies) is made on behalf of an owner-employee in any taxable year, the plan with respect to which such excess contribution is made shall, except as provided in subparagraphs (C) and (D), be considered, for purposes of section 404, as not meeting the requirements of subsection (d) with respect to such owner-employee for the taxable year and for all succeeding taxable years. “(B) Inclusion of amounts in gross income of owner-employees.— For any taxable year for which any plan does not meet the requirements of subsection (d) with respect to an owner-employee by reason of subparagraph (A), the gross income or such owner-employee shall, for purposes of this chapter, include the amount of net income for such taxable year attributable to the interest of such owner-employee under such plan. “(C) Repayment within prescribed period.— Subparagraph (A) shall not apply to an excess contribution with respect to any taxable year, if, on or before the close of the 6month period beginning on the day on which the Secretary or his delegate sends notice (by certified or registered mail) 76 Stat. 817to the person to whom such excess contribution was paid of the amount of such excess contribution, the amount of such excess contribution, and the net income attributable thereto, is repaid to the owner-employee on whose behalf such excess contribution was made. If the excess contribution is an excess contribution as defined in paragraph (1)(A) or (Bl (i), or is an excess contribution as defined in paragraph (1)(C) with respect to which a deduction has been claimed under section 404, the notice required by the preceding sentence shall

26 USC 404.

not be mailed prior to the time that the amount of the tax under this chapter of such owner-employee for the taxable year in which such excess contribution was made has been finally determined. “(D) Repayment after prescribed period.— If an excess contribution, together with the net income attributable thereto, is not repaid within the 6month period referred to in subparagraph (C), subparagraph (A) shall not apply to an excess contribution with respect to any taxable year beginning with the taxable year in which the person to whom such excess contribution was paid repays the amount of such excess contribution to the owner-employee on whose behalf such excess contribution was made, and pays to such owner-employee the amount of net income attributable to the interest of such owner-employee which, under subparagraph (B), has been included in the gross income of such owner-employee for any prior taxable year. “(E) Special rule if excess contribution was willfully made.— If an excess contribution made on behalf of an owner-employee is determined to have been willfully made, then— “(i) subparagraphs (A), (B), (C),and (D) shall not apply with respect to such excess contribution; “(ii) there shall be distributed to the owner-employee on whose behalf such excess contribution was willfully made his entire interest in all plans with respect to which he is an owner-employee; and “(iii) no plan shall, for purposes of section 404, be considered as meeting the requirements of subsection (d) with respect to such owner-employee for the taxable year in which it is determined that such excess contribution was willfully made and for the 5 taxable years following such taxable year. “(F) Statute of limitations.— In any case in which subparagraph (A) applies, the period for assessing any deficiency arising by reason of— “(i) the disallowance of any deduction under section 404 on account of a plan not meeting the requirements of subsection (d) with respect to the owner-employee on whose behalf an excess contribution was made, or “(ii) the inclusion, under subparagraph (B), in gross income of such owner-employee of income attributable to the interest of such owner-employee under a plan, for the taxable year in which such excess contribution was made or for any succeeding taxable year shall not expire prior to one year after the close of the 6month period referred to in subparagraph (C). “(3) Contributions for premiums on annuity, etc., contracts.— A contribution by the employer on behalf of an owner-employee shall not be considered to be an excess contribution within the meaning of paragraph (1), if—

Ante, p. 815.

 76 Stat. 818 “(A) under the plan such contribution is required to be applied (directly or through a trustee) to pay premiums or other consideration for one or more annuity, endowment, or life insurance contracts on the life of such owner-employee issued under the plan, “(B)

68A Stat. 138; Post, p. 820.

26 USC 404.

 the amount of such contribution exceeds the amount deductible under section 404 (determined without regard to section 404(a)(10)) with respect to contributions made by the employer on behalf of such owner-employee under the plan, and “(C) the amount of such contribution does not exceed the average of the amounts which were deductible under section 404 (determined without regard to section 404(a)(10)) with respect to contributions made by the employer on behalf of such owner-employee under the plan (or which would have been deductible under such section if such section had been in effect) for the first 3 taxable years (i) preceding the year in which the last such annuity, endowment, or life insurance contract was issued under the plan and (ii) in which such owner-employee derived earned income from the trade or business with respect to which the plan is established, or for so many of such taxable years as such owner-employee was engaged in such trade or business and derived earned income therefrom. In the case of any individual on whose behalf contributions described in subparagraph (A) are made under more than one plan as an owner-employee during any taxable year, the preceding sentence shall not apply if the amount of such contributions under all such plans for such taxable year exceeds $2,500. Any contribution which is not considered to be an excess contribution by reason of the application of this paragraph shall, for purposes of subparagraphs (B)(ii), (iii), and (iv) of paragraph

Ante, p. 816.

(1), be taken into account as a contribution made by such owner-employee as an employee to the extent that the amount of such contribution is not deductible under section 404 (determined without regard to section 404(a)(10)) for the taxable year, but only for the purpose of applying such subparagraphs to other contributions made by such owner-employee as an employee. ‘(f) Certain Custodial Accounts.— “(1) Treatment as qualified trust.— For purposes of this title, a custodial account shall be treated as a qualified trust under this section, if— “(A) such custodial account would, except for the fact that it is not a trust, constitute a qualified trust under this section; “(B)

Ante, p. 812.

 the custodian is a bank (as defined in subsection (d)(1)); “(C) the investment of the funds in such account (including all earnings) is to be made— “(i) solely in regulated investment company stock with respect to which an employee is the beneficial owner, or “(ii) solely in annuity, endowment, or life insurance contracts issued by an insurance company; “(D) the shareholder of record of any such stock described in subparagraph (C)(i) is the custodian or its nominee; and “(E) the contracts described in subparagraph (C)(ii) are held by the custodian until distributed under the plan. For purposes of this title, in the case of a custodial account treated as a qualified trust under this section by reason of the preceding 76 Stat. 819sentence, the custodian of such account shall be treated as the trustee thereof. “(2) Definition.— For purposes of paragraph (1), the term ‘regulated investment company’ means a domestic corporation which— “(A) is a regulated investment company within the meaning of section 851(a), and

26 USC 851.

 “(B) issues only redeemable stock. “(g) Annuity Defined.— For purposes of this section and sections 402, 403, and 404, the term ‘annuity’ includes a face-amount certificate,

26 USC 402, 403, 404.

 as defined in section 2(a)(15) of the Investment Company Act of 1940 (15 U.S.C., sec. 80a–2); but does not include any contract or certificate

54 Stat. 790.

issued after December 31, 1962, which is transferable, if any person other than the trustee of a trust described in section 401(a) which is exempt from tax under section 501(a) is the owner of such contract

26 USC 401, 501.

or certificate.”
SEC. 3. DEDUCTIBILITY OF CONTRIBUTIONS TO PLANS. (a) Inclusion of Self-Employed Individuals.— Section 404(a) of the Internal Revenue Code of 1954 (relating to the deductibility of contributions to pension, annuity, profit-sharing, or stock bonus plans or plans of deferred compensation) is amended— (1) by striking out in paragraph (2) “and (6),” and inserting in lieu thereof “(6), (7), and (8), and, if applicable, the requirements of section 401(a)(9) and (10) and of section 401(d)

Ante, pp. 810–812.

(other than paragraph (1)),”; and (2) by adding after paragraph (7) the following new paragraphs: “(8) Self-employed individuals.— In the case of a plan included in paragraph (1), (2), or (3) which provides contributions or benefits for employees some or all of whom are employees within the meaning of section 401(c)(1), for purposes of this section— “(A) the term ‘employee’ includes an individual who is an employee within the meaning of section 401(c)(1), and the employer of such individual is the person treated as his employer under section 401(c)(4); “(B) the term ‘earned income’ has the meaning assigned to it by section 401 (c)(2); “(C) the contributions to such plan on behalf of an individual who is an employee within the meaning of section 401 (c)(1) shall be considered to satisfy the conditions of section 162 or 212 to the extent that such contributions do not exceed

26 USC 162, 212.

the earned income of such individual derived from the trade or business with respect to which such plan is established, and to the extent that such contributions are not allocable (determined in accordance with regulations prescribed by the Secretary or his delegate) to the purchase of life, accident, health, or other insurance; and “(D) any reference to compensation shall, in the case of an individual who is an employee within the meaning of section 401(c)(1), be considered to be a reference to the earned income of such individual derived from the trade or business with respect to which the plan is established. “(9) Plans benefiting self-employed individuals.— In the case of a plan included in paragraph (1), (2), or (3) which provides contributions or benefits for employees some or all of whom are employees within the meaning of section 401(c)(1)— “(A) the limitations provided by paragraphs (1), (2), (3), and (7) on the amounts deductible for any taxable year shall 76 Stat. 820be computed, with respect to contributions on behalf of employees (other than employees within the meaning of section

Ante, p. 811.

 401(c)(1)), as if such employees were the only employees for whom contributions and benefits are provided under the plan; “(B) the limitations provided by paragraphs (1), (2), (3), and (7) on the amounts deductible tor any taxable year shall be computed, with respect to contributions on behalf of employees within the meaning of section 401 (c)(1)— “(i) as if such employees were the only employees for whom contributions and benefits are provided under the plan, and “(ii) without regard to paragraph (1)(D), the second and third sentences of paragraph (3), and the second sentence of paragraph (7); and “(C) the amounts deductible under paragraphs (1), (2), (3), and (7), with respect to contributions on behalf of any employee within the meaning of section 401(c)(1), shall not exceed the applicable limitation provided in subsection (e). “(10)

Infra.

 Special, limitation on amount allowed as deduction for self-employed individuals.— Notwithstanding any other provision of this section, the amount allowable as a deduction under paragraphs (1), (2), (3), and (7) in any taxable year with respect to contributions made on behalf of an individual who is an employee within the meaning of section 401(c)(1) shall be an amount equal to one-half of the contributions made on behalf of such individual in such taxable year which are deductible under such paragraphs (determined with the application of paragraph (9) and of subsection (e) but without regard to this paragraph). For

26 USC 401.

purposes of section 401, the amount which may be deducted, or the amount deductible, under this section with respect to contributions made on behalf of such individual shall be determined without regard to the preceding sentence.” (b) Limitations on Deductible Contributions on Behalf of Self-Employed Individuals.— Section 404 of the Internal Revenue

26 USC 404.

Code of 1954 (relating to the deductibility of contributions to pension, annuity, profit-sharing, or stock bonus plans or plans of deferred compensation) is amended by adding after subsection (d) the following new subsections: “(e) Special Limitations for Self-Employed Individuals.— “(1) In general.— In the case of a plan included in subsection (a)(1), (2), or (3), which provides contributions or benefits for employees some or all of whom are employees within the meaning of section 401(c)(1), the amounts deductible under subsection (a)(determined without regard to paragraph (10) thereof) in any taxable year with respect to contributions on behalf of any employee within the meaning of section 401(c)(1) shall, subject to the provisions of paragraph (2), not exceed $2,500, or 10 percent of the earned income derived by such employee from the trade or business with respect to which the plan is established, whichever is the lesser. “(2) Contributions made under more than one plan.— “(A) Overall limitation.— In any taxable year in which amounts are deductible with respect to contributions under two or more plans on behalf of an individual who is an employee within the meaning of section 401(c)(1) with respect to such plans, the aggregate amount deductible for such taxable year under all such plans with respect to contributions on behalf of such employee (determined without regard to 76 Stat. 821subsection (a)(10)) shall not exceed $2,500, or 10 percent of the earned income derived by such employee from the trades or businesses with respect to which the plans are established, whichever is the lesser. “(B) Allocation of amounts deductible.— In any case in which the amounts deductible under subsection (a)(with the application of the limitations of this subsection) with respect to contributions made on behalf of an employee within the meaning of section 401(c)(1) under two or more plans

Ante, p. 811.

are, by reason of subparagraph (A), less than the amounts deductible under such subsection determined without regard to such subparagraph, the amount deductible under subsection (a)(determined without regard to paragraph (10) thereof) with respect to such contributions under each such plan shall be determined in accordance with regulations prescribed by the Secretary or his delegate. “(3) Contributions allocable to insurance protection.— For purposes of this subsection, contributions which are allocable (determined under regulations prescribed by the Secretary or his delegate) to the purchase of life, accident, health, or other insurance shall not be taken into account. “(f) Certain Loan Repayments Considered as Contributions.— For purposes of this section, any amount paid, directly or indirectly, by an owner-employee (within the meaning of section 401(c)(3)) in repayment of any loan which under section 72(m)(4)(B) was treated as an amount received under a contract purchased by a trust described in section 401(a) which is exempt from tax under section 501(a) or purchased as a part of a plan described in

Ante, p. 812.

Post, p. 823.

 section 403(a) shall be

26 USC 401, 501, 403.

treated as a contribution to which this section applies on behalf of such owner-employee to such trust or to or under such plan.”
SEC. 4. TAXABILITY OF DISTRIBUTIONS. (a) Employees’ Annuities.— Section 72(d)(2) of the Internal Revenue Code of 1954 (relating to employees’ annuities) is amended

26 USC 72.

to read as follows: “(2) Special rules for application of paragraph (1).— For purposes of paragraph (1)— “(A) if the employee died before any amount was received as an annuity under the contract, the words ‘receivable by the employee’ shall be read as ‘receivable by a beneficiary of the employee’; and “(B) any contribution made with respect to the contract while the employee is an employee within the meaning of section 401(c)(1) which is not allowed as a deduction under section 404 shall be treated as consideration for the contract contributed by the employee.”

26 USC 404.

 (b) Special Rules Relating to Self-Employed Individuals and Owner-Employees.— Section 72 of the Internal Revenue Code of 1954 (relating to annuities, etc.) is amended by redesignating subsection

26 USC 72.

(m) as subsection (o) and by inserting after subsection (1) the following new subsections: “(m) Special Rules Applicable to Employee Annuities and Distributions Under Employee Plans.— “(1) Certain amounts received before annuity starting date.— Any amounts received under an annuity, endowment, or life insurance contract before the annuity starting date which are not received as an annuity (within the meaning of subsection (e)(2)) shall be included in the recipient’s gross income for the taxable year in which received to the extent that— 76 Stat. 822 “(A) such amounts, plus all amounts theretofore received under the contract and includible in gross income under this paragraph, do not exceed “(B)

26 USC 404.

 the aggregate premiums or other consideration paid for the contract while the employee was an owner-employee which were allowed as deductions under section 404 for the taxable year and all prior taxable years. Any such amounts so received which are not includible in gross income under this paragraph shall be subject to the provisions of subsection (e). “(2)

26 USC 72.

 Computation op consideration paid by the employee.— In computing— “(A) the aggregate amount of premiums or other consideration paid for the contract for purposes of subsection (c)(1)(A)(relating to the investment in the contract), “(B) the consideration for the contract contributed by the employee for purposes of subsection (d)(1)(relating to employee’s contributions recoverable in 3 years), and “(C) the aggregate premiums or other consideration paid for purposes of subsection (e)(1)(B)(relating to certain amounts not received as an annuity), any amount allowed as a deduction with respect to the contract under section 404 which was paid while the employee was an employee within the meaning of section 401 (c)(1) shall be treated as consideration contributed by

Ante, p. 811.

the employer, and there shall not be taken into account any portion of the premiums or other consideration for the contract paid while the employee was an owner-employee which is properly allocable (as determined under regulations prescribed by the Secretary or his delegate) to the cost of life, accident, health, or other insurance. “(3) Life insurance contracts.— “(A) This paragraph shall apply to any life insurance contract— “(i)

26 USC 403.

26 USC 401.

26 USC 501.

 purchased as a part of a plan described in section 403(a), or “(ii) purchased by a trust described in section 401(a) which is exempt from tax under section 501(a) if the proceeds of such contract are payable directly or indirectly to a participant in such trust or to a beneficiary of such participant. “(B) Any contribution to a plan described in subparagraph (A)(i) or a trust described in subparagraph (A)(ii) which is allowed as a deduction under section 404, and any income of a trust described in subparagraph (A)(ii), which is determined in accordance with regulations prescribed by the Secretary or his delegate to have been applied to purchase the life insurance protection under a contract described in subparagraph (A), is includible in the gross income of the participant for the taxable year when so applied. “(C) In the case of the death of an individual insured under a contract described in subparagraph (A), an amount equal to the cash surrender value of the contract immediately before the death of the insured shall be treated as a payment under such plan or a distribution by such trust, and the excess of the amount payable by reason of the death of the insured over such cash surrender value shall not be includible in gross income under this section and shall be treated as provided in

26 USC 101.

section 101. 76 Stat. 823 “(4) Amounts constructively received.— “(A) Assignments or pledges.— If during any taxable year an owner-employee assigns (or agrees to assign) or pledges (or agrees to pledge) any portion of his interest in a trust described in section 401(a) which is exempt from tax under section 501(a) or any portion of the value of a contract purchased as part of a plan described in section 403(a), such

26 USC 401, 501, 403.

portion shall be treated as having been received by such owner-employee as a distribution from such trust or as an amount received under the contract. “(B) Loans on contracts.—If during any taxable year, an owner-employee receives, directly or indirectly, any amount from any insurance company as a loan under a contract purchased by a trust described in section 401(a) which is exempt from tax under section 501(a) or purchased as part of a plan described in section 403(a), and issued by such insurance company, such amount shall be treated as an amount received under the contract. “(5) Penalties applicable to certain amounts received by owner-employees.— “(A) This paragraph shall apply— “(i) to amounts (other than any amount received by an individual in his capacity as a policyholder of an annuity, endowment, or life insurance contract which is in the nature of a dividend or similar distribution) which are received from a qualified trust described in section 401(a) or under a plan described in section 403(a) and which are received by an individual, who is, or has been, an owner-employee, before such individual attains the age of 59% years, for any reason other than the individual’s becoming disabled (within the meaning of section 213(g)(3)), but only to the extent that such amounts

72 Stat. 1614.

26 USC 213.

are attributable to contributions paid on behalf of such individual (whether or not paid by him) while he was an owner-employee, “(ii) to amounts which are received from a qualified trust described in section 401(a) or under a plan described in section 403(a) at any time by an individual who is, or has been, an owner-employee, or by the successor of such individual, but only to the extent that such amounts are determined, under regulations prescribed by the Secretary or his delegate, to exceed the benefits provided for such individual under the plan formula, and “(iii) to amounts which are received, by an individual who is, or has been, an owner-employee, by reason of the distribution under the provisions of section 401(e)(2)(E) of his entire interest in all qualified trusts described in section 401(a) and in all plans described

Ante, p. 817

in section 403(a). “(B) (i) If the aggregate of the amounts to which this paragraph applies received by any person in his taxable year equals or exceeds $2,500, the increase in his tax for the taxable year in which such amounts are received and attributable to such amounts shall not be less than 110 percent of the aggregate increase in taxes, for the taxable year and the 4 immediately preceding taxable years, which would have resulted if such amounts had been included in such person’s gross income ratably over such taxable years. 76 Stat. 824 “(ii)

26 USC 404.

 If deductions have been allowed under section 404 for contributions paid on behalf of the individual while he is an owner-employee for a number of prior taxable years less than 4, clause (i) shall be applied by taking into account a number of taxable years immediately preceding the taxable year in which the amount was so received equal to such lesser number. “(C) If subparagraph (B) does not apply to a person for the taxable year, the increase in tax of such person for the taxable year attributable to the amounts to which this paragraph applies shall be 110 percent of such increase (computed without regard to this subparagraph). “(D)

26 USC 402, 403.

 Subparagraph (A)(ii) of this paragraph shall not apply to any amount to which section 402(a)(2) or 403(a)(2) applies. “(E) For special rules for computation of taxable income for taxable years to which this paragraph applies, see subsection (n)(3). “(6)

Post, p. 825.

 Owner-employee defined.—For purposes of this subsection, the term.‘owner-employee’ has the meaning assigned to it by section 401(c)(3). “(n)

Ante, p. 812.

 Treatment of Certain Distributions With Respect to Contributions by Self-Employed Individuals.— “(1) Application of subsection.— “(A) Distributions by employees’ trust.— Subject to the provisions of subparagraph (C), this subsection shall apply to amounts distributed to a distributee, in the case of an

26 USC 401.

26 USC 501.

 employees’ trust described in section 401(a) which is exempt from tax under section 501(a), if the total distributions payable to the distributee with respect to an employee are paid to the distributee within one taxable year of the distributee— “(i) on account of the employee’s death, “(ii) after the employee has attained the age of 59 years, or “(iii) after the employee has become disabled (within the meaning of section 213(g)(3)). “(B)

72 Stat. 1614.

26 USC 213.

 Annuity plans.— Subject to the provisions of subparagraph (C), this subsection shall apply to amounts paid to a payee, in the case of an annuity plan described in section 403(a), if the total amounts payable to the payee with respect to an employee are paid to the payee within one taxable year of the payee— “(i) on account of the employee’s death, “(ii) after the employee has attained the age of 59% years, or “(iii) after the employee has become disabled (within the meaning of section 213(g)(3)). “(C) Limitations and exceptions.— This subsection shall apply— “(i) only with respect to so much of any distribution or payment to which (without regard to this subparagraph) subparagraph (A) or (B) applies as is attributable to contributions made on behalf of an employee while he was an employee within the meaning of section 401(c)(1), and “(ii)

Ante, p. 811.

 if the recipient is the employee on whose behalf such contributions were made, only if contributions which were allowed as a deduction under section 404 have been made on behalf of such employee while he was an employee within the meaning of section 401(c)(1) for 76 Stat. 8255 or more taxable years prior to the taxable year in which the total distributions payable or total amounts payable, as the case may be, are paid. This subsection shall not apply to amounts described in clauses (ii) and (iii) of subparagraph (A) of subsection (m)(5)(but, in the case of amounts described in clause (ii) of

Ante, p. 823.

such subparagraph, only to the extent that subsection (m)(5) applies to such amounts). “(2) Limitation of tax.— In any case to which this subsection applies, the tax attributable to the amounts to which this subsection applies for the taxable year in which such amounts are received snail not exceed whichever of the following is the greater: “(A) 5 times the increase in tax which would result from the inclusion in gross income of the recipient of 20 percent of so much of the amount so received as is includible in gross income, or “(B) 5 times the increase in tax which would result if the taxable income of the recipient for such taxable year equaled 20 percent of the amount of the taxable income of the recipient for such taxable year determined under paragraph (3)(A). “(3) Determination of taxable income.— Notwithstanding section 63 (relating to definition of taxable income), for purposes

26 USC 63.

only of computing the tax under this chapter attributable to amounts to which this subsection or subsection (m)(5) applies and which are includible in gross income— “(A) the taxable income of the recipient for the taxable year of receipt shall be treated as being not less than the amount by which (i) the aggregate of such amounts so includible in gross income exceeds (ii) the amount of the deductions allowed for such taxable year under section 151 (relating to

26 USC 151.

deductions for personal exemptions); and “(B) in making ratable inclusion computations under paragraph (5)(B) of subsection (m), the taxable income of the recipient for each taxable year involved in such ratable inclusion shall be treated as being not less than the amount required by such paragraph (5)(B) to be treated as includible in gross income for such taxable year. In any case in w’hich the preceding sentence results in an increase in taxable income for any taxable year, the resulting increase in the taxes imposed by section 1 or 3 tor such taxable year shall not

26 USC 1, 3.

 be reduced by any credit under part IV of subchapter A (other than section 31 thereof) which, but for this sentence, would be

26 USC 31.

allowable.” (c) Capital Gains Treatment of Certain Employees’ Trust Distributions.—Section 402(a)(2) of the Internal Revenue Code of 1954 (relating to capital gains treatment for certain distributions) is amended by adding at the end thereof the following new sentence: “This paragraph shall not apply to distributions paid to any distributee to the extent such distributions are attributable to contributions made on behalf of the employee while he was an employee within the meaning of section 401(c)(1).”

Ante, p. 811.

 (d) Capital Gains Treatment of Certain Employees’ Annuity Payments.— Section 403(a) of the Internal Revenue Code of 1954

26 USC 403.

(relating to taxability of a beneficiary under a qualified annuity plan) is amended— (1) by striking out in paragraph (2)(A)(i) “which meets the requirements of section 401(a)(3), (4), (5), and (6)” and inserting in lieu thereof “described in paragraph (1)”; 76 Stat. 826 (2) by adding at the end of paragraph (2)(A) the following new sentence: “This subparagraph shall not apply to amounts paid to any payee to the extent such amounts are attributable to contributions made on behalf of the employee while he was an employee within the meaning of section 401 (c)(1)”; and (3)

Ante, p. 811.

 by adding after paragraph (2) the following new paragraph: “(3) Self-employed individuals.— For purposes of this subsection, the term ‘employee’ includes an individual who is an employee within the meaning of section 401(c)(1), and the employer of such individual is the person treated as his employer under section 401(c)(4).”
SEC. 5. PLANS FOR PURCHASE OF UNITED STATES BONDS. (a)

26 USC 401–404.

 Qualified Bond Purchase Plans.— Part I of subchapter D of chapter 1 of the Internal Revenue Code of 1954 (relating to deferred compensation, etc.) is amended by adding at the end thereof the following new section:
“SEC. 405. QUALIFIED BOND PURCHASE PLANS. “(a) Requirements for Qualification.— A plan of an employer for the purchase for and distribution to his employees or their beneficiaries of United States bonds described in subsection (b) shall constitute a qualified bond purchase plan under this section if— “(1)

26 USC 401.

Ante, pp. 810, 812.

 the plan meets the requirements of section 401 (a)(3), (4), (5), (6), (7), and (8) and, if applicable, the requirements of section 401(a)(9) and (10) and of section 401 (d)(other than paragraphs (1), (5)(B), and (8)); and “(2) contributions under the plan are used solely to purchase for employees or their beneficiaries United States bonds described in subsection (b). “(b) Bonds to Which Applicable.— “(1)

40 Stat. 288.

31 USC 774.

 Characteristics of bonds.— This section shall apply only to a bond issued under the Second Liberty Bond Act, as amended, which by its terms, or by regulations prescribed by the Secretary under such Act— “(A) provides for payment of interest, or investment yield, only upon redemption; “(B) may be purchased only in the name of an individual; “(C) ceases to bear interest, or provide investment yield, not later than 5 years after the death of the individual in whose name it is purchased; “(D) may be redeemed before the death of the individual in whose name it is purchased only if such individual— “(i) has attained the age of 59 years, or “(ii) has become disabled (within the meaning of section 213(g)(3)); and “(E)

72 Stat. 1614.

26 USC 213.

 is nontransferable. “(2) Must be purchased in name of employee.— This section shall apply to a bond described in paragraph (1) only if it is purchased in the name of the employee. “(c) Deduction for Contributions to Bond Purchase Plans.— Contributions paid by an employer to or under a qualified bond purchase plan shall be allowed as a deduction in an amount determined

26 USC 404, 401, 501.

under section 404 in the same manner and to the same extent as if such contributions were made to a trust described in section 401(a) which is exempt from tax under section 501(a). 76 Stat. 827 “(d) Taxability of Beneficiary of Qualified Bond Purchase Plan.— “(1) Gross income not to include bonds at time of distribution.—For purposes of this chapter, in the case of a distributee of a bond described in subsection (b) under a qualified bond purchase plan, or from a trust described in section 401(a) which is

26 USC 401, 501.

exempt from tax under section 501(a), gross income does not include any amount attributable to the receipt of such bond. Upon redemption of such bond, the proceeds shall be subject to taxation under this chapter, but the provisions of section 72 (relating

26 USC 72.

26 USC 1232.

to annuities, etc.) and section 1232 (relating to bonds and other evidences of indebtedness) shall not apply. “(2) Basis.— The basis of any bond received by a distributee under a qualified bond purchase plan— “(A) if such bond is distributed to an employee, or with respect to an employee, who at the time of purchase of the

Ante, p. 811.

 bond, was an employee other than an employee within the meaning of section 401(c)(1), shall be the amount of the contributions by the employee which were used to purchase the bond, and “(B) if such bond is distributed to an employee, or with respect to an employee, who, at the time of purchase of the bond, was an employee within the meaning or section 401(c)(1), shall be the amount of the contributions used to purchase the bond which were made on behalf of such employee and were not allowed as a deduction under subsection (c). The basis of any bond described in subsection (b) received by a distributee from a trust described in section 401(a) which is exempt from tax under section 501(a) shall be determined under regulations prescribed by the Secretary or his delegate. “(e) Capital Gains Treatment Not To Apply to Bonds Distributed by Trusts.—Section 402(a)(2) shall not apply to any bond

26 USC 402.

described in subsection (b) distributed to any distributee and, for purposes of applying such section, any such bond distributed to any distributee and any such bond to the credit of any employee shall not be taken into account. . “(f) Employee Defined.—For purposes of this section, the term ‘employee’ includes an individual who is an employee within the meaning of section 401(c)(1), and the employer of such individual shall be the person treated as his employer under section 401 (c)(4).

Ante, p. 812.

 “(g) Proof of Purchase.—At the time of purchase of any bond to which this section applies, proof of such purchase shall be furnished in such form as will enable the purchaser, and the employee in whose name such bond is purchased, to comply with the provisions of this section. “(h) Regulations.— The Secretary or his delegate shall prescribe such regulations as may be necessary to carry out the provisions of this section.”
(b) Clerical Amendment.—The table of sections for such part is amended by adding at the end thereof the following new item: “Sec. 405.
SEC. 6. PROHIBITED TRANSACTIONS. Section 503 of the Internal Revenue Code of 1954 (relating to prohibited

26 USC 503.

 transactions) is amended by adding at the end thereof the following new subsection: “(j) Trusts Benefiting Certain Owner-Empioyees.— “(1) Prohibited transactions.— In the case of a trust described in section 401(a) which is part of a plan providing contributions or benefits for employees some or all of whom are owner-employees (as defined in section 401(c)(3)) who control (within the meaning of section 401(d)(9)(B)) the trade or business with respect

Ante, p. 815.

76 Stat. 828to which the plan is established, the term ‘prohibited transaction’ also means any transaction in which such trust, directly or indirectly— “(A) lends any part of the corpus or income of the trust to; “(B) pays any compensation for personal services rendered to the trust to; “(C) makes any part of its services available on a preferential basis to; or “(D) acquires for the trust any property from, or sells any property to;

26 USC 267.

any person described in subsection (o) or to any such owner-employee, a member of the family (as defined in section 267 (c)(4)) of any such owner-employee, or a corporation controlled by any such owner-employee through the ownership, directly or indirectly, of 50 percent or more of the total combined voting power of all classes of stock entitled to vote or 50 percent or more of the total value of shares of all classes of stock of the corporation. “(2) Special rule for loans.— For purposes of the application of paragraph (1)(A), the following rules shall apply with respect to a loan made before the date of the enactment of this subsection which would be a prohibited transaction if made in a taxable year beginning after December 31, 1962: “(A) If any part of the loan is repayable prior to December 31, 1965, the renewal of such part of the loan for a period not extending beyond December 31, 1965, on the same terms, shall not be considered a prohibited transaction. “(B) If the loan is repayable on demand, the continuation of the loan beyond December 31, 1965, shall be considered a prohibited transaction.”
SEC. 7. OTHER SPECIAL RULES, TECHNICAL CHANGES, AND ADMINISTRATIVE PROVISIONS. (a)

26 USC 37.

 Retirement Income Credit.—Section 37 (c)(1) of the Internal Revenue Code of 1954 (relating to definition of retirement income) is amended— (1) by striking out subparagraph (A) and inserting in lieu thereof the following: “(A)

Ante, p. 811.

26 USC 401, 501.

 pensions and annuities (including, in the case of an individual who is, or has been, an employee within the meaning of section 401(c)(1), distributions by a trust described in section 401(a) which is exempt from tax under section 501 (a)),”; and (2) by striking out “and” at the end of subparagraph (C), by striking out “or” at the end of subparagraph (D) and inserting in lieu thereof “and”, and by adding after subparagraph (D) the following new subparagraph: “(E)

Ante, p. 826.

 bonds described in section 405(b)(1) which are received under a qualified bond purchase plan described in section 405(a) or in a distribution from a trust described in section 401 (a) which is exempt from tax under section 501 (a), or”. (b)

26 USC 62.

 Adjusted Gross Income.— Section 62 of the Internal Revenue Code of 1954 (relating to the definition of adjusted gross income) is amended by inserting after paragraph (6) the following new paragraph: “(7) Pension, profit-sharing, annuity, and bond purchase plans of self-employed individuals.—In the case of an individual who is an employee within the meaning of section 401

26 USC 404.

Ante, p. 826.

(c)(1), the deductions allowed by section 404 and section 405(c) to the extent attributable to contributions made on behalf of such individual.” 76 Stat. 829 (c) Death Benefits.— Section 101(b) of the Internal Revenue Code of 1954 (relating to employees’ death benefits) is amended—

26 USC 101.

 (1) by striking out clause (ii) of paragraph (2)(B) and inserting in lieu thereof the following: “(ii) under an annuity contract under a plan described in section 403(a), or”; and

26 USC 403.

 (2) by adding at the end thereof the following new paragraph: “(3) Self-employed individual not considered an employee.— For purposes of this subsection, the term ‘employee’ does not include an individual who is an employee within the meaning of section 401(c)(1)(relating to self-employed individuals).”

Ante, p. 811.

 (d) Amounts Received Through Accident or Health Insurance.— Section 104(a) of the Internal Revenue Code of 1954 (relating

26 USC 104.

 to compensation for injuries or sickness) is amended by adding at the end thereof the following new sentence:

“For purposes of paragraph (3), in the case of an individual who is, or has been, an employee within the meaning of section 401 (c)(1)(relating to self-employed individuals), contributions made on behalf of such individual while he was such an employee to a trust described in section 401(a) which is exempt from tax under section 501(a), or

26 USC 401, 501.

under a plan described in section 403(a), shall, to the extent allowed as deductions under section 404, be treated as contributions by the

26 USC 404.

employer which were not includible in the gross income of the employee.”

 (e) Amounts Received Under Accident and Health Plans.—Section 105 of the Internal Revenue Code of 1954 (relating to amounts

26 USC 105.

 received under accident and health plans) is amended by adding at the end thereof the following new subsection: “(g) Self-Employed Individual Not Considered an Employee.—For purposes of this section, the term ‘employee’ does not include an individual who is an employee within the meaning of section 401 (c)(1)(relating to self-employed individuals).” (f) Net Operating Loss Deduction.— Section 172(d)(4) of the

26 USC 172.

Internal Revenue Code of 1954 (relating to nonbusiness deductions of taxpayers other than corporations) is amended— (1) by striking out “and” at the end of subparagraph (B); (2) by striking out the period at the end of subparagraph (C) and inserting “; and”; and (3) by adding after subparagraph (C) the following new subparagraph: “(D) any deduction allowed under section 404 or section 405(c) to the extent attributable to contributions which are

Ante, p. 8 26.

made on behalf of an individual who is an employee within the meaning of section 401(c)(1) shall not be treated as attributable to the trade or business of such individual.” (g) Certain Life Insurance Reserves.— Section 805(d)(1) of the Internal Revenue Code of 1954 (relating to pension plan reserves) is

26 USC 805.

amended— (1) by striking out in subparagraph (B) “meeting the requirements of section 401 (a)(3), (4), (5), and (6) or” and inserting in

26 USC 401.

26 USC 403.

lieu thereof “described in section 403(a), or plans meeting”; and (2) by striking out in subparagraph (C) “and (6)” and inserting in lieu thereof “(6), (7), and (8)”. (h) Unincorporated Businesses Electing To Be Taxed as Corporations.—Section 1361(d) of the Internal Revenue Code of 1954 (relating to unincorporated business enterprises electing to be

26 USC 1361.

taxed as domestic corporations) is amended by inserting before the period at the end thereof the following: “other than an employee within the meaning of section 401(c)(1)(relating to self-employed 76 Stat. 830

Ante, p. 826.

individuals), or for purposes of section 405 (relating to qualified bond purchase plans) other than an employee described in section 405(f)”. (i)

26 USC 2039.

 Estate Tax Exemption of Employees’ Annuities.—Section 2039 of the Internal Revenue Code of 1954 (relating to exemption from the gross estate of annuities under certain trusts and plans) is amended— (1)

26 USC 401.

 by striking out in subsection (c)(2) “met the requirements of section 401(a)(3), (4), (5), and (6)” and inserting “was a plan described in section 403(a)”; and (2)

26 USC 403.

 by adding at the end of subsection (c) the following new sentence: “For purposes of this subsection, contributions or payments on behalf of the decedent while he was an employee within

Ante, p. 811.

the meaning of section 401(c)(1) made under a trust or plan described in paragraph (1) or (2) shall be considered to be contributions or payments made by the decedent.” (j)

26 USC 2517.

 Gift Tax Exemption of Employees’ Annuities.— Section 2517 of the Internal Revenue Code of 1954 (relating to exclusion from gift tax in case of certain annuities under qualified plans) is amended— (1) by striking out in subsection (a)(2) “met the requirements of section 401(a)(3), (4), (5), and (6)” and inserting in lieu thereof “was a plan described in section 403(a)”; and (2) by adding at the end of subsection (b) the following new sentence: “For purposes of this subsection, payments or contributions on behalf of an individual while he was an employee within the meaning of section 401(c)(1) made under a trust or plan described in subsection (a)(1) or (2) shall be considered to be payments or contributions made by the employee.” (k)

26 USC 3306.

 Federal Unemployment Tax Act.— Section 3306(b)(5) of the Internal Revenue Code of 1954 (relating to definition of wages) is amended by striking out subparagraph (B) and inserting in lieu thereof the following new subparagraphs: “(B) under or to an annuity plan which, at the time of such payment, is a plan described in section 403(a), or “(C) under or to a bond purchase plan which, at the time of such payment, is a qualified bond purchase plan described in

Ante, p. 826.

section 405(a);”. (l)

26 USC 3401.

 Withholding of Income Tax.— Section 3401(a)(12) of the Internal Revenue Code of 1954 (relating to definition of wages) is amended by striking out subparagraph (B) and inserting in lieu thereof the following new subparagraphs: “(B) under or to an annuity plan which, at the time of such payment, is a plan described in section 403(a); or “(C) under or to a bond purchase plan which, at the time of such payment, is a qualified bond purchase plan described in section 405(a).” (m) Information Requirements.— (1)

26 USC 6041–6046.

 In general.— Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1954 (relating to information concerning transactions with other persons) is amended by adding after section 6046 the following new section:
“SEC. 6047. INFORMATION RELATING TO CERTAIN TRUSTS AND ANNUITY AND BOND PURCHASE PLANS. “(a) Trustees and Insurance Companies.— The trustee of a trust described in section 401(a) which is exempt from tax under section 501 (a) to which contributions have been paid under a plan on behalf

Ante, p. 812.

of any owner-employee (as defined in section 401(c)(3)), and each insurance company or other person which is the issuer of a contract purchased by such a trust, or purchased under a plan described in section 403(a), contributions for which have been paid on behalf of 76 Stat. 831any owner-employee, shall file such returns (in such form and at such times), keep such records, make such identification of contracts and funds (and accounts within such funds), and supply such information, as the Secretary or his delegate shall by forms or regulations prescribe. “(b) Owner-Employees.— Every individual on whose behalf contributions have been paid as an owner-employee (as defined in section 401(c)(3))—

Ante, p. 812.

26 USC 401, 501.

 “(1) to a trust described in section 401(a) which is exempt from tax under section 501(a), or “(2) to an insurance company or other person under a plan described in section 403(a),

26 USC 403.

 shall furnish the trustee, insurance company, or other person, as the case may be, such information at such times and in such form and manner as the Secretary or his delegate shall prescribe by forms or regulations. “(c) Employees Under Qualified Bond Purchase Plans.— Every individual in whose name a bond described in section 405(b)(1) is

Ante, p. 826.

 purchased by his employer under a qualified bond purchase plan described in section 405(a), or by a trust described in section 401(a) which is exempt from tax under section 501(a), shall furnish— “(1) to his employer or to such trust, and “(2) to the Secretary (or to such person as the Secretary may by regulations prescribe), such information as the Secretary or his delegate shall by forms or regulations prescribe. “(d) Cross Reference.— “For criminal penalty for furnishing fraudulent information, see section 7207.”
(2) Clerical amendment.— The table of sections for such subpart

Infra.

26 USC 7207.

B is amended by adding after the reference to section 6046 the following: “Sec. 6047. (3) Penalty.— Section 7207 of the Internal Revenue Code of 1954 (relating to fraudulent returns, statements, or other documents) is amended by adding at the end thereof the following new sentence: “Any person required pursuant to section 6047 (b) or

Ante, p. 830.

(c) to furnish any information to the Secretary or any other person who willfully furnishes to the Secretary or such other person any information known by him to be fraudulent or to be false as to any material matter shall be fined not more than $1,000, or imprisoned not more than 1 year, or both.”
SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1962.
Approved October 10, 1962.
Public Law 87–793: To adjust postal rates, and for other purposes. Public Law 793 Public Law 87–793 76 Stat. 832 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 832 Public Law 87–793
AN ACT To adjust postal rates, and for other purposes.

October 11, 1962

[H. R. 7927]

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

Postal Service and Federal Employees Salary Act of 1962.
That this Act may be cited as the “Postal Service and Federal Employees Salary Act of 1962”.
PART I—POSTAL SERVICE <num value="I"><inline class="smallCaps">Title I</inline>—</num><heading class="inline"><inline class="smallCaps">Postal Rates</inline></heading> <section> <heading class="smallCaps centered">first-class mail</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/664">74 Stat. 664</ref>.</p></sidenote><content class="inline">Section 4253(a) of title 39, United States Code, is amended by striking out the words “<quotedText>four</quotedText>” and “<quotedText>three</quotedText>” wherever appearing in subsection (a) and inserting in lieu thereof the words “<quotedText>five</quotedText>” and “<quotedText>four</quotedText>”, respectively.</content> </section> <section> <heading class="smallCaps centered">airmail</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><subsection class="inline"><num value="a">(a) </num><chapeau>Section 4303 of title 39, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out the word “<quotedText>seven</quotedText>” in subsection (a) and inserting in lieu thereof the word “<quotedText>eight</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out the word “<quotedText>five</quotedText>” in subsection (b) and inserting in lieu thereof the word “<quotedText>six</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by increasing each of the rates under the heading “First pound over 8 ounces or fraction thereof” in the table in subsection (d)(1) by 8 cents;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by striking out paragraph (2) of subsection (d) and inserting in lieu thereof the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The rate of postage on air mail of the first class weighing in excess of eight ounces shall be the rate provided by subsection (a) for each ounce not in excess of eight ounces, plus 5 cents for each ounce or fraction thereof in excess of eight ounces, but in no case less than the rate provided under paragraph (1) for air parcels.”</content></paragraph> </quotedContent></content></paragraph></subsection> </section> <section> <heading class="smallCaps centered">second class within county of publication</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content>Subsections (a) and (b) of section 4358 of title 39, United <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/668">74 Stat. 668</ref>.</p></sidenote>States Code, are amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a) </num><content>Except as provided in subsection (b), the rate of postage on publications admitted as second-class mail when addressed for delivery within the county in which they are published and entered is as follows: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> <p xmlns="http://schemas.gpo.gov/xml/uslm" role="title" class="centered">“[In cents]</p> </caption> <thead> <tr class="header" style="font-size:8pt"> <th style="width:70%; height:2em; text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black"> </th> <th style="width:15%; text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">“Mailed after January 6, 1963, and prior to January 1, 1965</th> <th style="width:15%; text-align:center; vertical-align:top; border-top:1px solid black; border-bottom:1px solid black">Mailed after December 31, 1964</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">“Rate per pound</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1  </td> <td style="text-align:right; vertical-align:top">1¼</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Minimum charge per piece</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">⅛</td> <td style="text-align:right; vertical-align:top">⅛</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <chapeau>The rate of postage on the following publications admitted as second-class mail when mailed for delivery, within the county in which they are published and entered, by letter carrier at the office of mailing, shall be—</chapeau> <page identifier="/us/stat/76/833">76 <inline class="smallCaps">Stat</inline>. 833</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>publications issued more frequently than weekly, one cent a copy;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>publications issued less frequently than weekly—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>weighing two ounces or less, one cent a copy;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>weighing more than two ounces, two cents a copy.”</content></subparagraph> </paragraph> </subsection> </quotedContent></content> </section> <section> <heading class="smallCaps centered">second class beyond county of publication</heading> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num><subsection class="inline"><num value="a">(a) </num><content>Section 4359(b) of title 39, United States Code, is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/669">74 Stat. 669</ref>.</p></sidenote>amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num><paragraph class="inline"><num value="1">(1) </num><content>Except as provided by paragraphs (2), (3), and (4), the rates of postage on publications mailed in accordance with subsection (a) are as follows: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> <p xmlns="http://schemas.gpo.gov/xml/uslm" role="title" class="centered">“[In cents]</p> </caption> <thead> <tr class="header" style="font-size:8pt"> <th style="width:55%; height:2em; text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black"> </th> <th style="width:15%; text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">“Mailed after January 6, 1963, and prior to January 1, 1964</th> <th style="width:15%; text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Mailed during calendar year 1964</th> <th style="width:15%; text-align:center; vertical-align:top; border-top:1px solid black; border-bottom:1px solid black">Mailed after December 31, 1964</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black">“Rate per pound:</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black">  Advertising portion:</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">    Zones 1 and 2</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3.4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3.8</td> <td style="text-align:right; vertical-align:top">4.2</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">    Zone 3</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4.4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4.8</td> <td style="text-align:right; vertical-align:top">5.2</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">    Zone 4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6.4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6.8</td> <td style="text-align:right; vertical-align:top">7.2</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">    Zone 5</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8.4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8.8</td> <td style="text-align:right; vertical-align:top">9.2</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">    Zone 6</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10.4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10.8</td> <td style="text-align:right; vertical-align:top">11.2</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">    Zone 7</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12.0</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12.0</td> <td style="text-align:right; vertical-align:top">12.0</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">    Zone 8</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14.0</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14.0</td> <td style="text-align:right; vertical-align:top">14.0</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">  Nonadvertising portion</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2.6</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2.7</td> <td style="text-align:right; vertical-align:top">2.8</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Minimum charge per piece</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">.6</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">.8</td> <td style="text-align:right; vertical-align:top">1.0</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The postage on classroom publications is 60 per centum of the postage computed in accordance with paragraph (1).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The rates of postage on publications of a qualified nonprofit organization mailed in accordance with subsection (a) are as follows: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> <p xmlns="http://schemas.gpo.gov/xml/uslm" role="title" class="centered">“[In cents]</p> </caption> <thead> <tr class="header" style="font-size:8pt"> <th style="width:55%; height:2em; text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black"> </th> <th style="width:15%; text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">“Mailed after January 6, 1963, and prior to January 1, 1964</th> <th style="width:15%; text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Mailed during calendar year 1964</th> <th style="width:15%; text-align:center; vertical-align:top; border-top:1px solid black; border-bottom:1px solid black">Mailed after December 31, 1964</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">“Rate per pound</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1.6  </td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1.7  </td> <td style="text-align:right; vertical-align:top">1.8  </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Minimum charge per piece</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">.125</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">.125</td> <td style="text-align:right; vertical-align:top">.125</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau>In lieu of the minimum charge per piece presented by paragraph <sidenote><p class="firstIndent1 fontsize8">Certain publications, minimum charge.</p></sidenote>(1), the minimum charge per piece to be paid by the following publications (other than publications to which paragraph (2) or paragraph (3) is applicable) shall be as follows—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>publications mailing fewer than 5,000 copies per issue outside the county of publication—one-half cent per piece;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>any issue of a publication the advertising portion of which does not exceed 5 per centum of the entire issue—.55 of a cent per piece when mailed after January 6, 1963, and prior to January 1, 1964, .65 of a cent per piece when mailed during calendar year 1964, and .75 of a cent per piece when mailed after December 31, 1964.”</content> </subparagraph> </paragraph></subsection> </quotedContent></content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 4359(e) (2) of title 39, United States Code, is amended by striking out “<quotedText>and fraternal,</quotedText>” and inserting in lieu thereof the following: “<quotedText>fraternal, and associations of rural electric cooperatives, and not to exceed one publication published by the official highway agency of a State which meets all or the requirements of section 4354 and which contains no advertising</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 4360 of title 39, United States Code, is repealed. <sidenote><p class="firstIndent1 fontsize8">Repeal.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/670">74 Stat. 670</ref>.</p></sidenote></content></subsection> </section> <page identifier="/us/stat/76/834">76 <inline class="smallCaps">Stat</inline>. 834</page> <section> <heading class="smallCaps centered">second-class transient mail</heading> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/670">74 Stat. 670</ref>.</p></sidenote><content class="inline">Section 4362 of title 39, United States Code, is amended by striking out “<quotedText>two cents</quotedText>” and inserting in lieu thereof “<quotedText>four cents</quotedText>”.</content></section> <section> <heading class="smallCaps centered">controlled circulation publications</heading> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content>Section 4422 of title 39, United States Code, is amended by striking out “<quotedText>12 cents a pound or fraction thereof</quotedText>” and inserting in lieu thereof the following: “<quotedText>12½ cents a pound or fraction thereof when mailed after January 6, 1963, and prior to January 1, 1964, 13 cents a pound or fraction thereof when mailed during calendar year 1964, and 13½ cents a pound or fraction thereof when mailed after December 31, 1964</quotedText>”.</content></section> <section> <heading class="smallCaps centered">third-class mail</heading> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/673">74 Stat. 673</ref>; <i>Ante</i>, p. 444.</p></sidenote><chapeau class="inline">Section 4452 of title 39, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><content>by amending subsections (a), (b), and (c) to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <content>Except as provided in subsection (c) of this section, and subject to the minimum charge per piece provided in subsection (b) of this section, the postage rates on third-class mail are as follows: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:45%; height:2em; text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">“Type of mailing</th> <th colspan="2" style="width:10%; text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Rate</th> <th style="width:45%; text-align:center; vertical-align:top; border-top:1px solid black; border-bottom:1px solid black">Unit</th> </tr> </thead> <tbody> <tr> <td style="text-align:center; vertical-align:top; border-right:1px solid black"> </td> <td colspan="2" style="text-align:center; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:center; vertical-align:top"> </td> </tr> <tr> <td style="text-align:center; vertical-align:top; border-right:1px solid black"> </td> <td colspan="2" style="text-align:center; vertical-align:top; border-right:1px solid black">Cents</td> <td style="text-align:left; vertical-align:top"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td rowspan="2" style="text-align:left"><math xmlns="http://www.w3.org/1998/Math/MathML"><mo xmlns="http://www.w3.org/1998/Math/MathML" stretchy="true">{</mo></math></td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4</td> <td style="text-align:left; vertical-align:top">First 2 ounces or fraction thereof.</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">(1) Individual piece</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2</td> <td style="text-align:left; vertical-align:top; text-indent:-1em; padding-left:1em">Each additional ounce or fraction thereof.</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black">(2) Bulk mailings under subsec. (e) of this section of:</td> <td colspan="2" style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black">   (A) Books and catalogs of 24 pages or more.</td> <td colspan="2" style="text-align:right; vertical-align:top; border-right:1px solid black">12</td> <td style="text-align:left; vertical-align:top">Each pound or fraction thereof.</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black">     seeds, cuttings, bulbs, roots, scions and plants.</td> <td colspan="2" style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">   (B) Other matter</td> <td colspan="2" style="text-align:right; vertical-align:top; border-right:1px solid black">18</td> <td style="text-align:left; vertical-align:top">  Do.</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td colspan="2" style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Matter mailed in bulk under subsection (e) of this section is subject to a minimum charge for each piece of 2⅝ cents when mailed subsequent to January 6, 1963 and prior to January 1, 1964, <math xmlns="http://www.w3.org/1998/Math/MathML"><mn>2</mn><mfrac bevelled="true"><mn>6</mn><mn>8</mn></mfrac></math> cents when mailed during calendar year 1964, and 2⅞ cents when mailed after December 31, 1964, except that the minimum charge per piece on such matter mailed by qualified nonprofit organizations is 1¼ cents.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>The pound rates on matter mailed in bulk under subsection (e) by qualified nonprofit organizations are 50 per centum of the pound rates provided by subsection (a).”</content></subsection> </quotedContent></content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>subsections (a) and (b) of</quotedText>” wherever it appears in subsection (d).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by striking out “<quotedText>$20</quotedText>” and “<quotedText>twenty pounds</quotedText>” in subsection (e) and inserting in lieu thereof “<quotedText>$30</quotedText>” and “<quotedText>fifty pounds</quotedText>”, respectively, effective January 1, 1963.</content></paragraph></section> <section> <heading class="smallCaps centered">fourth-class mail</heading> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/674">74 Stat. 674</ref>.</p></sidenote><content class="inline">Section 4552(b)(5) of title 39, United States Code, relating to size and weight limitations on fourth-class matter mailed to or from certain areas, is amended by striking out the words “<quotedText>Territory of Hawaii</quotedText>” and inserting in lieu thereof the words “<quotedText>States of Alaska and Hawaii,</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 445.</p></sidenote><content class="inline">Section 4554 of title 39, United States Code (relating to books, films, and similar educational materials), is amended by striking out that part of subsection (a) which precedes paragraph (1) and inserting in lieu thereof the following: <page identifier="/us/stat/76/835">76 <inline class="smallCaps">Stat</inline>. 835</page> <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <content>Except as provided in subsection (b) of this section, the postage rate is 9½ cents a pound for the first pound or fraction thereof and 5 cents for each additional pound or fraction thereof when mailed after January 6, 1963 and prior to January 1, 1964, and 10 cents for the first pound or fraction thereof and 5 cents for each additional pound or fraction thereof when mailed after December 31, 1963, except that the rate now or hereafter prescribed for third- or fourth-class matter shall apply in every case where such rate is lower than the rate prescribed in this subsection on—”.</content></subsection> </quotedContent></content></section> <section> <heading class="smallCaps centered">fees for second-class entry and registration</heading> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num> <chapeau>Section 4357 of title 39, United States Code, is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/668">74 Stat. 668</ref>.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>$25</quotedText>” in subsection (a)(1) and inserting in lieu thereof “<quotedText>$30</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>$50</quotedText>” in subsection (a) (2) and inserting in lieu thereof “<quotedText>$60</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by striking out “<quotedText>$100</quotedText>” in subsection (a)(3) and inserting in lieu thereof “<quotedText>$120</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by striking out “<quotedText>$10</quotedText>” in the first sentence of subsection (b) and inserting in lieu thereof “<quotedText>$15</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>by striking out the second sentence of subsection (b) and inserting in lieu thereof the following: “<quotedText>The fee for each additional entry is $15, except that if the additional entry is made within zones 3 to 8, inclusive (determined from the office of publication and entry), of the zones established for purposes of fourth-class mail, such fee shall be $50.</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>by striking out “<quotedText>$20</quotedText>” in subsection (c) and inserting in lieu thereof “<quotedText>$’25</quotedText>”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>by striking out the last sentence in subsection (d).</content></paragraph> </section> <section> <heading class="smallCaps centered">permit fees for mailing without stamps</heading> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num> <content>Section 4052(b) of title 39, United States Code, is amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/656">74 Stat. 656</ref>.</p></sidenote>by striking out “<quotedText>$10</quotedText>” and inserting in lieu thereof “<quotedText>$15</quotedText>”.</content></section> <section> <heading class="smallCaps centered">fixing of fees by postmaster general</heading> <num value="112"><inline class="smallCaps">Sec</inline>. 112. </num> <content>Section 507 of title 39, United States Code, is amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/581">74 Stat. 581</ref>.</p></sidenote>adding at the end thereof the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"><num value="12">“(12) </num><content>the issuance of a permit for prepayment of postage without stamps.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">“(13) </num> <content>the entry, re-entry, or additional entry of a periodical publication as second-class mail.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">“(14) </num> <content>the registry of a news agent.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">Fees prescribed by the Postmaster General under paragraphs (12) to (14), inclusive, shall be collected in lieu of the corresponding fees established under section 4052(b) or 4357.”</continuation> </quotedContent></content> </section> <section> <heading class="smallCaps centered">keys and other small articles</heading> <num value="113"><inline class="smallCaps">Sec</inline>. 113. </num> <content>Section 4651(b) of title 39, United States Code, is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/676">74 Stat. 676</ref>.</p></sidenote>amended by striking out “<quotedText>5 cents</quotedText>” and inserting in lieu thereof “<quotedText>6 cents</quotedText>”.</content></section> <section> <heading class="smallCaps centered">method of determining gross receipts</heading> <num value="114"><inline class="smallCaps">Sec</inline>. 114. </num> <content>Section 711(c) of title 39, United States Code, is amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/584">74 Stat. 584</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/134">72 Stat. 134</ref>.</p></sidenote>by striking out “<quotedText>Public Law 85–426</quotedText>” and inserting in lieu thereof “<quotedText>any Act of Congress enacted on or after May 27, 1958</quotedText>”.</content></section> <page identifier="/us/stat/76/836">76 <inline class="smallCaps">Stat</inline>. 836</page> <section> <heading class="smallCaps centered">standards for determination of qualifications of applicants for positions of postmaster</heading> <num value="115"><inline class="smallCaps">Sec</inline>. 115. </num> <content>In evaluating the qualifications of applicants for positions of postmaster, the United States Civil Service Commission shall give, with respect to each applicant, all due and appropriate consideration to experience in the postal field service, including seniority, length of service, level of difficulty and responsibility of work, attendance, awards and commendations, and performance rating.</content> </section> <num value="II"><inline class="smallCaps">Title II</inline>—</num><heading class="inline"><inline class="smallCaps">Postal Policy</inline></heading> <section class="firstIndent1 fontsize10"><num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/599">74 Stat. 599</ref>.</p></sidenote><content class="inline">Section 2302(c)(4) of title 39, United States Code, is amended by striking out “<quotedText>deemed to be attributable to the performance of public services under section 2303(b) of this title</quotedText>” and inserting in lieu thereof “<quotedText>determined under section 2303 of this title to be attributable to the performance of public services</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><chapeau>Section 2303(a) of title 39, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"><num value="1">(1) </num><content>by amending the heading so as to read <quotedContent> <section><num value="2303">“§ 2303. </num><heading>Identification of public services and costs thereof”;</heading></section> </quotedContent></content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out paragraph 1(A) and inserting in lieu thereof the following: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>reduced rates for certain publications as provided by <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 833.</p></sidenote>section 4359 of this title;”;</content> </subparagraph> </quotedContent></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by striking out paragraph 1(C) and inserting in lieu thereof the following: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>second class mailings at postage rates as provided by <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 832.</p></sidenote>section 4358 of this title;”; and</content> </subparagraph> </quotedContent></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by striking out paragraph (2) and inserting in lieu thereof the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>10 per centum of tile gross cost of the operation of third-class post offices and the star route system, and 20 per centum of the gross cost of the operation of fourth-class post offices and rural routes.”</content> </paragraph> </quotedContent></content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>by adding at the end thereof the following new sentence: “<quotedText>The terms ‘total loss’ and ‘loss’ as used in this section mean the amounts by which the total allocated costs incurred by the postal establishment in the performance of the public services enumerated in this subsection exceed the total revenues received by the postal establishment for the performance of such public services.</quotedText>”</content></paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/600">74 Stat. 600</ref>.</p></sidenote><content class="inline">Section 2303(b) of title 39, United States Code, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num><content>The Postmaster General shall report to the Congress, on or before February 1 of each year beginning with the year 1963, the estimated amount of the losses or costs (or percentage of costs) specified in subsection (a) incurred by the postal establishment in the then current fiscal year in the performance of the public services enumerated in such subsection. The aggregate amount of the losses or costs (or percentage of costs) specified in subsection (a), incurred by the postal establishment in any fiscal year in the performance of such public services, shall be excluded from the total cost of operating the postal establishment for purposes of adjustment of postal rates and fees, including any adjustment pursuant to the provisions of section 207(b) of the Act of February 28, 1925, relating to reformation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/43/1067">43 Stat. 1067</ref>.</p></sidenote>of classification (39 U.S.C., 1958 ed. 247).”</content></subsection> </quotedContent></content></subsection> <page identifier="/us/stat/76/837">76 <inline class="smallCaps">Stat</inline>. 837</page> <subsection class="indent0 fontsize10"><num value="d">(d) </num><content>The table of contents of chapter 27 of title 39, United States Code, is amended by striking out <quotedContent> <toc> <referenceItem role="section"><designator>“2303.</designator> <label>Identification of and appropriations for public services.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 firstIndent0 fontsize10">and inserting in lieu thereof:</p> <quotedContent> <toc> <referenceItem role="section"><designator>“2303.</designator> <label>Identification of public services and costs thereof.”.</label></referenceItem> </toc> </quotedContent></content></subsection> </section> <num value="III"><inline class="smallCaps">Title III</inline>—</num><heading class="inline"><inline class="smallCaps">Miscellaneous</inline></heading> <section> <heading class="smallCaps centered">eligibility of certain organizations for second-class entry</heading> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <chapeau>Section 4355(a) of title 39, United States Code, is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/667">74 Stat. 667</ref>.</p></sidenote>amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting after the words “<quotedText>State board of health</quotedText>” in subparagraph (3) a comma and the words “<quotedText>or a State industrial development agency</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out the period at the end of subparagraph (9) and inserting in lieu of such period a semicolon and the word “<quotedText>or</quotedText>”; and ‘</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end thereof the following new subparagraph (10): <quotedContent> <paragraph class="firstIndent1 fontsize10"><num value="10)">“(10) </num><content>published by any public or nonprofit private elementary or secondary institution of learning or its administrative or governing body.”.</content></paragraph> </quotedContent></content> </paragraph> </section> <section> <heading class="smallCaps centered">educational materials</heading> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <chapeau>Section 4554 of title 39, United States Code, is amended—<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 834.</p></sidenote></chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out paragraph (5) of subsection (a) and inserting in lieu thereof the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>sound recordings, including incidental announcements of recordings and guides or scripts prepared solely for use with such recordings;”;</content> </paragraph> </quotedContent></content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out the period at the end of paragraph (6) of subsection ( a) and inserting in lieu thereof a semicolon;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end of subsection (a) the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>printed educational reference charts, permanently processed for preservation; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>looseleaf pages, and binders therefor, consisting of medical information for distribution to doctors, hospitals, medical schools, and medical students.”</content> </paragraph> </quotedContent></content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by striking out the word “<quotedText>students’</quotedText>” immediately preceding the word “<quotedText>notetions</quotedText>” in paragraph (1) of subsection (a) and in paragraph (2) of subsection (b);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>by inserting after the words “<quotedText>loaned or exchanged</quotedText>” in paragraph (1) of subsection (b) the following: “<quotedText>(including cooperative processing by libraries)</quotedText>”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>by striking out: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>bound volumes of periodicals;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>phonograph recordings; and”</content></subparagraph> </quotedContent> <p class="indent0 firstIndent0 fontsize10">in paragraph (2) of subsection (b) and inserting in lieu thereof:</p> <quotedContent> <subparagraph class="firstIndent1 fontsize10"><num value="D">“(D)</num> <content>periodicals, whether bound or unbound;</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>sound recordings; and”; and</content> </subparagraph> </quotedContent> </content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>by striking out “<quotedText>and catalog of those items</quotedText>” in subsection (c) and inserting in lieu thereof “<quotedText>scientific or mathematical kits, instruments, or other devices and catalogs of those items, and guides or scripts prepared solely for use with such materials</quotedText>”.</content></paragraph></section> <section> <heading class="smallCaps centered">reading and other materials for blind persons</heading> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <content>Sections 4653 and 4654 of title 39, United States Code, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/677">74 Stat. 677</ref>.</p></sidenote>are amended to read as follows: <page identifier="/us/stat/76/838">76 <inline class="smallCaps">Stat</inline>. 838</page> <quotedContent> <section><num value="4653">“§ 4653. </num><heading>Publications for blind persons</heading> <subsection class="indent0 fontsize10"><num value="a">“(a) </num><sidenote><p class="firstIndent1 fontsize8">Free postage.</p></sidenote><chapeau class="inline">The following matter may be mailed free of postage—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau>books, pamphlets, and other reading matter, including pages thereof:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>published (whether prepared by hand, or printed) either in raised characters or in sightsavingsize type, or in the form of sound recordings, for use of blind persons;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in packages not exceeding the weight prescribed by the Postmaster General;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>containing no advertising or other matter whatsoever;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>unsealed;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <chapeau>sent—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>by an institution, agency, publisher, organization, or association (including a library or school and including organizations or associations of or for blind people), not conducted for private profit, as a loan to blind readers, or when returned by the blind reader to the lender; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>to a blind person without cost to the blind person; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>to an institution, agency, publisher, organization, or association (including a library or school and including organizations or associations of or for blind people), not conducted for private profit, to be furnished to a blind person without cost to such blind person.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>magazines, periodicals, and other regularly issued publications:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>published (whether prepared by hand, or printed) either in raised characters or in sightsavingsize type, or in the form of sound recordings, for use of blind persons;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>containing no advertising;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>for which no subscription fee is charged.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num><sidenote><p class="firstIndent1 fontsize8">Postage rate.</p></sidenote><chapeau class="inline">There may be mailed at the rate of postage of 1 cent for each pound or fraction thereof—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau>books, pamphlets, and other reading matter, including pages thereof:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>published (whether prepared by hand, or printed) either in raised characters or in sightsavingsize type, or in the form of sound recordings, for use of blind persons;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in packages not exceeding the weight prescribed by the Postmaster General;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>containing no advertising or other matter whatsoever;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>unsealed;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">“(E) </num> <chapeau>sent—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>by an institution, agency, publisher, organization, or association (including a library or school and including organizations or associations of or for blind people), not conducted for private profit, on a rental basis to blind readers, or when returned by the blind reader to such organizations, at a price not greater than the cost price thereof; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>to a blind person at a price not greater than the cost price thereof; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>to an institution, agency, publisher, organization, or association (including a library or school and including organizations or associations of or for blind people), not conducted for private profit, to be furnished <page identifier="/us/stat/76/839">76 <inline class="smallCaps">Stat</inline>. 839</page>to a blind person at a price not greater than the cost price thereof.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>magazines, periodicals, and other regularly issued publications:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>published (whether prepared by hand, or printed) either in raised characters or in sightsavingsize type, or in the form of sound recordings, for use of blind persons;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>containing no advertising;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>when furnished by an institution, agency, publisher, organization, or association (including a library or school and including organizations or associations of or for blind people), not conducted for private profit, to a blind person, at a price not greater than the cost price thereof.</content></subparagraph> </paragraph> </subsection></section> <section><num value="4654">“§ 4654. </num><heading>Reproducers, sound recordings, and other materials and appliances for the preparation of reading matter for blind persons</heading> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <chapeau>Reproducers, or parts thereof, for sound recordings for blind <sidenote><p class="firstIndent1 fontsize8">Government property, free postage.</p></sidenote>persons which are the property of the United States Government may be mailed free of postage when sent for repair, or returned after repair—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>by an organization, institution, public library, or association for blind persons, not conducted for private profit;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>by a blind person to such an agency not conducted for private profit;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>from such an agency to an organization, institution, public library, or association for blind persons not conducted for private profit; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>to a blind person.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <chapeau>The Postmaster General may extend the free mailing privilege provided by subsection (a) or this section to reproducers or parts thereof for sound recordings for blind persons, braille writers and other appliances for blind persons or parts thereof, that are the property of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>State governments or subdivisions thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>public libraries;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>private agencies for the blind not conducted for private profit; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>blind individuals.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <chapeau>The Postmaster General may also permit the mailing free of postage of paper, records, tapes, and other materials for use by the recipients for the production (whether by hand or printed) of reading matter either in raised characters or sightsavingsize type, or in the form of sound recordings, for use of blind persons, where such materials are the property of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>State governments or subdivisions thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>public libraries;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>private agencies for the blind not conducted for private profit; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>blind individuals.”</content></paragraph></subsection></section> </quotedContent></content> </section> <section> <heading class="smallCaps centered">repeals and technical amendments</heading> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num><subsection class="inline"><num value="a">(a) </num><chapeau>The following provisions of law are repealed:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The third proviso in section 3 of the Act of October 30, 1951, as amended by the Act of June 23, 1959 (73 Stat. 89; <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/728">74 Stat. 728</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 447.</p></sidenote>Public Law 86–56);</content></paragraph> <page identifier="/us/stat/76/840">76 <inline class="smallCaps">Stat</inline>. 840</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Sections 204(d), 204(e)(1), and 204(e)(2) of the Postal <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/1263">62 Stat. 1263</ref>; <ref href="/us/stat/74/727">74 Stat. 727</ref>.</p></sidenote>Rate Revision and Federal Employees Salary Act of 1948, as amended by the Act of July 14, 1960 (74 Stat. 479; Public Law 86–644);</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/670/676">74 Stat. 670, 676</ref>.</p></sidenote><content class="inline">Sections 4361 and 4652 of title 39, United States Code.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 4359(a) of title 39, United States Code, is amended by striking out “<quotedText>4358, 4361, and 4362</quotedText>” and inserting in lieu thereof “<quotedText>4358 and 4362</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/672">74 Stat. 672</ref>.</p></sidenote><content class="inline">Section 4451(d) of title 39, United States Code, is amended by striking out “<quotedText>(a) (2)</quotedText>” and inserting in lieu thereof “<quotedText>(a) (3)</quotedText>”.</content></subsection> </section> <section> <heading class="smallCaps centered">communist political propaganda</heading> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/654">74 Stat. 654</ref>.</p></sidenote><content class="inline">Chapter 51 of title 39, United States Code, is amended by adding at the end thereof the following new section: <quotedContent> <section> <num value="4008">“§ 4008. </num><heading>Communist political propaganda</heading> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <content>Mail matter, except sealed letters, which originates or which is printed or otherwise prepared in a foreign country and which is determined by the Secretary of the Treasury pursuant to rules and regulations to be promulgated by him to be ‘communist political propaganda’, shall be detained by the Postmaster General upon its arrival for delivery in the United States, or upon its subsequent deposit in the United States domestic mails, and the addressee shall be notified that such matter has been received and will be delivered only upon the addressee’s request, except that such detention shall not be required in the case of any matter which is furnished pursuant to subscription or which is otherwise ascertained by the Postmaster General to be desired by the addressee. If no request for delivery is made by the addressee within a reasonable time, which shall not exceed sixty days, the matter detained shall be disposed of as the Postmaster General directs.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>For the purposes of this section, the term ‘communist political propaganda’ means political propaganda, as defined in section l(j) of the Foreign Agents Registration Act of 1938, as amended (22 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/56/250">56 Stat. 250</ref>.</p></sidenote>U.S.C. 611 (j)), issued by or on behalf of any country with respect to which there is in effect a suspension or withdrawal of tariff concessions <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/65/73">65 Stat. 73</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1362">19 USC 1362</ref>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 876.</p></sidenote>pursuant to section 5 of the Trade Agreements Extension Act of 1951 or section 231 of the Trade Expansion Act of 1962, or any country from which any type of foreign assistance is withheld pursuant to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/444">75 Stat. 444</ref>; <i>Ante</i>, p. 261.</p></sidenote>section 620(f) of the Foreign Assistance Act of 1961, as amended.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>The provisions of this section shall not be applicable with respect to (1) matter addressed to any United States Government agency, or any public library, or to any college, university, graduate school, or scientific or professional institution for advanced studies, or any official thereof, or (2) material whether or not ‘communist political propaganda’ addressed for delivery in the United States pursuant to a reciprocal cultural international agreement under which the United States Government mails an equal amount of material for delivery in any country described in subsection (b).”</content> </subsection></section> </quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The table of contents of chapter 51 of title 39. United States Code, is amended by adding at the end thereof the following: <quotedContent> <toc> <referenceItem role="section"><designator>“4008.</designator> <label>Communist political propaganda.”</label></referenceItem> </toc> </quotedContent></content></subsection></section> <section> <heading class="smallCaps centered">effective date</heading> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num> <content>Except as otherwise provided, the foregoing provisions of this part shall become effective on January 7, 1963.</content></section> <page identifier="/us/stat/76/841">76 <inline class="smallCaps">Stat</inline>. 841</page> <section> <heading class="smallCaps centered">notice with respect to obscene matter distributed by mail and detention thereof</heading> <num value="307"><inline class="smallCaps">Sec</inline>. 307. </num> <content>In order to alert the recipients of mail and the general public to the fact that large quantities of obscene, lewd, lascivious, and indecent matter are being introduced into this country from abroad and disseminated in the United States by means of the United States mails, the Postmaster General shall publicize such fact (1) by appropriate notices posted in post offices, and (2) by notifying recipients of mail, whenever he deems it appropriate in order to carry out the purposes of this section, that the United States mails may contain such obscene, lewd, lascivious, or indecent matter. Any person may file a written request with his local post office to detain obscene, <sidenote><p class="firstIndent1 fontsize8">Written request for detention.</p></sidenote>lewd, lascivious, or indecent matter addressed to him, and the Postmaster General shall detain and dispose of such matter for such period as the request is in effect. The Postmaster General shall permit the return of mail containing obscene, lewd, lascivious, or indecent matter, to local post offices, without cost to the recipient thereof. Nothing in this section shall be deemed to authorize the Postmaster General to open, inspect, or censor any mail except on specific request by the addressee thereof. The Postmaster General is authorized to prescribe such regulations as he may deem appropriate to carry out the purposes of this section.</content></section> PART II—FEDERAL SALARY REFORM <num value="I"><inline class="smallCaps">Title I</inline>—</num><heading class="inline"><inline class="smallCaps">General Policy</inline></heading> <section> <heading class="smallCaps centered">short title</heading> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <content>This part may be cited as the “<shortTitle role="part">Federal Salary Reform Act <sidenote><p class="firstIndent1 fontsize8">Federal Salary Reform Act of 1962.</p></sidenote>of 1962</shortTitle>”.</content></section> <section> <heading class="smallCaps centered">declaration of policy</heading> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <chapeau>The Congress hereby declares that, whereas the functions of a Federal salary system are to fix salary rates for the services rendered by Federal employees so as to make possible the employment of persons well qualified to conduct the Government’s programs and to control expenditures of public funds for personal services with equity to the employee and to the taxpayer, and whereas fulfillment of these functions is essential to the development and maintenance of maximum proficiency in the civilian services of Government, then, accordingly, Federal salary fixing shall be based upon the principles that—</chapeau> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>There shall be equal pay for substantially equal work, and pay distinctions shall be maintained in keeping with work and performance distinctions; and</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Federal salary rates shall be comparable with private enterprise salary rates for the same levels of work.</content></subsection> <continuation class="indent0 firstIndent0 fontsize10">Salary levels for the several Federal statutory salary systems shall be interrelated, and salary levels shall be set and henceforth adjusted in accordance with the above principles.</continuation> </section> <section> <heading class="smallCaps centered">implementation of policy</heading> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num> <content>In order to give effect to the policy stated in section 502, the President: (1) shall direct such agency or agencies, as he deems appropriate, to prepare and submit to him annually a report which compares the rates of salary fixed by statute for Federal employees with the rates of salary paid for the same levels of work in private <page identifier="/us/stat/76/842">76 <inline class="smallCaps">Stat</inline>. 842</page>enterprise as determined on the basis of appropriate annual surveys conducted by the Bureau of Labor Statistics, and, after seeking the views of such employee organizations as he deems appropriate and in <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>such manner as he may provide, (2) shall report annually to the Congress (a) this comparison of Federal and private enterprise salary rates and (b) such recommendations for revision of statutory salary schedules, salary structures, and compensation policy, as he deems advisable.</content></section> <section class="firstIndent1 fontsize10"><num value="504"><inline class="smallCaps">Sec</inline>. 504. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="firstIndent1 fontsize8">Higher minimum compensation rates.</p><p class="firstIndent1 fontsize8">Presidential authority.</p></sidenote><content class="inline">Whenever the President shall find that the salary rates in private enterprise for one or more occupations in one or more areas or locations are so substantially above the salary rates of statutory pay schedules as to handicap significantly the Government’s recruitment or retention of well-qualified persons in positions compensated under (1) section 603(b) of the Classification Act of 1949, <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 843.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/607">74 Stat. 607</ref>.</p></sidenote>as amended (5 U.S.C. 1113(b)), (2) the provisions of part III of title 39, United States Code, relating to personnel in the postal field service, (3) the pay scales for physicians, dentists, and nurses in the Department of Medicine and Surgery of the Veterans’ Administration <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1243">72 Stat. 1243</ref>; <i>Post</i>, p. 859.</p></sidenote>under chapter 73 of title 38, United States Code, or (4) sections 412 and 415 of the Foreign Service Act of 1946, as amended (22 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, pp. 861, 862.</p></sidenote>867 and 870), he may establish for such areas or locations higher minimum rates of basic compensation for one or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all step rates of the salary range for each such grade or level: <proviso><i>Provided</i>, That in no case shall any minimum salary rate so established exceed the seventh salary rate prescribed by law for the grade or level. The President may authorize the exercise of the authority conferred upon him by this section by the Civil Service Commission or, in the case of employees not subject to the civil service laws and regulations, by such other agency or agencies as he may designate.</proviso></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8">Compensation rates, revision.</p></sidenote><content class="inline">Within the limitations specified in subsection (a), rates of basic compensation established under such subsection may be revised from time to time by the President or by such agency or agencies as he may designate. Such actions or revisions shall have the force and effect of law.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Any increase in rate of basic compensation established under this section shall not be regarded as an “equivalent increase” in compensation within the meaning of section 701 (a) of the Classification <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 847.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 854.</p></sidenote>Act of 1949, as amended, and section 3552 of title 39 of the United States Code.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num> <chapeau>The functions, duties, and regulations of the departments and the Civil Service Commission with respect to this title, the Classification Act of 1949, as amended, the provisions of part III of title 39, United States Code, relating to personnel in the postal field service, the Foreign Service Act of 1946, as amended, and the provisions of chapter 73 of title 38 of the United States Code relating to personnel of the Department of Medicine and Surgery in the Veterans’ Administration, shall be subject to such policies and rules as the President may issue. Among other things, the President’s policies and rules may provide for—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>preparing and reporting to him the annual comparison of Federal salary rates with private enterprise rates,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>obtaining and reporting to him the views of employee organizations on such annual comparison, and on other salary matters,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>reviewing and reporting to him on the adequacy of the Federal statutory salary structures for the Federal programs to which they apply,</content></paragraph> <page identifier="/us/stat/76/843">76 <inline class="smallCaps">Stat</inline>. 843</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>reviewing the relationship of Federal statutory salary rates and private enterprise salary rates in specific occupation and local areas, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>providing step-increases in recognition of high quality performance and providing for properly relating supervisory salary rates paid under one system to those of subordinates paid under another system.</content> </paragraph> </section> <num value="II"><inline class="smallCaps">Title II</inline>—</num><heading class="inline"><inline class="smallCaps">Pay System of the Classification Act of 1949</inline></heading> <section> <heading class="smallCaps centered">short title</heading> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <content>This title may be cited as the “<shortTitle role="title">Classification Act Amendments <sidenote><p class="firstIndent1 fontsize8">Classification Act Amendments of 1962.</p></sidenote>of 1962</shortTitle>”.</content> </section> <section> <heading class="smallCaps centered">basic compensation schedules</heading> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num><subsection class="inline"><num value="a">(a) </num><content>Section 603(b) of the Classification Act of 1949, as amended (74 Stat. 298; 5 U.S.C. 1113(b)), is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <chapeau>The compensation schedules for the General Schedule shall be as follows:</chapeau> <level> <heading class="smallCaps centered">“compensation schedule i</heading> <content class="indent1 firstIndent-1 fontsize8">“(To be effective for the period beginning on the first day of the first pay period beginning on or after the date of enactment of this Act, and ending immediately prior to the applicable initial effective date of Compensation Schedule II set forth below) <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:30%; text-align:center; border-right:1px solid black; border-top:1px solid black"> </th> <th colspan="10" style="width:70%; text-align:center; border-top:1px solid black">Per annum rates and steps</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:30%; text-align:center; border-right:1px solid black">“Grade</th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:30%; text-align:center; border-right:1px solid black"> </th> <th style="width:7%; height:2.5em; text-align:center; border-right:1px solid black">1</th> <th style="width:7%; text-align:center; border-right:1px solid black">2</th> <th style="width:7%; text-align:center; border-right:1px solid black">3</th> <th style="width:7%; text-align:center; border-right:1px solid black">4</th> <th style="width:7%; text-align:center; border-right:1px solid black">5</th> <th style="width:7%; text-align:center; border-right:1px solid black">6</th> <th style="width:7%; text-align:center; border-right:1px solid black">7</th> <th style="width:7%; text-align:center; border-right:1px solid black">8</th> <th style="width:7%; text-align:center; border-right:1px solid black">9</th> <th style="width:7%; text-align:center">10</th> </tr> </thead> <tbody> <tr> <td style="text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:center; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:center; vertical-align:top; border-top:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–1</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,245</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,350</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,455</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,560</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,665</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,770</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,875</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,980</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,085</td> <td style="text-align:right; vertical-align:top">$4,190</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–2</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,560</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,665</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,770</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,875</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,980</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,085</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,190</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,295</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,400</td> <td style="text-align:right; vertical-align:top">4,505</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–3</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,820</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,925</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,030</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,135</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,240</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,345</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,455</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,580</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,705</td> <td style="text-align:right; vertical-align:top">4,830</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,110</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,250</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,390</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,530</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,670</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,810</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,950</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,090</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,230</td> <td style="text-align:right; vertical-align:top">5,370</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–5</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,565</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,885</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,045</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,205</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,365</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,525</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,685</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,845</td> <td style="text-align:right; vertical-align:top">6,005</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–6</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,035</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,205</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,375</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,545</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,715</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,885</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,056</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,225</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,395</td> <td style="text-align:right; vertical-align:top">6,565</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–7</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,540</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,910</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,095</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,280</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,465</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,650</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,835</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,020</td> <td style="text-align:right; vertical-align:top">7,205</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–8</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,090</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,296</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,705</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,910</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,115</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,320</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,525</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,730</td> <td style="text-align:right; vertical-align:top">7,935</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–9</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,675</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,900</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,125</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,350</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,575</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,800</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,025</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,250</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,475</td> <td style="text-align:right; vertical-align:top">8,700</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–10</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,290</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,535</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,780</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,025</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,270</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,515</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,760</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,005</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,250</td> <td style="text-align:right; vertical-align:top">9,195</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–11</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,045</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,310</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,575</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,840</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,105</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,370</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,635</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,900</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,165</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–12</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,475</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,790</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,105</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,420</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,735</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,050</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,365</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,680</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,995</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–13</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,150</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,515</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,880</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,245</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,610</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,975</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,340</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,705</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,070</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–14</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,845</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,270</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,695</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,120</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,545</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,970</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,395</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,820</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,245</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–15</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,565</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,045</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,525</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,005</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,485</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,965</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,445</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,925</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–16</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,000</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–17</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">19,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">19,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">20,000</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–18</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">20,000</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content> </level> <level> <heading class="smallCaps centered">“compensation schedule ii</heading> <content class="indent1 firstIndent-1 fontsize8">“(To be effective on the first day of the first pay period beginning on or after January 1, 1964, and thereafter) <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:30%; text-align:center; border-right:1px solid black; border-top:1px solid black"> </th> <th colspan="10" style="width:70%; text-align:center; border-top:1px solid black">Per annum rates and steps</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:30%; text-align:center; border-right:1px solid black">“Grade</th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:7%; text-align:center; border-bottom:1px solid black"> </th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:30%; text-align:center; border-right:1px solid black; border-bottom:1px solid black"> </th> <th style="width:7%; height:2.5em; text-align:center; border-right:1px solid black; border-bottom:1px solid black">1</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">2</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">3</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">4</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">5</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">6</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">7</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">8</th> <th style="width:7%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">9</th> <th style="width:7%; text-align:center; border-bottom:1px solid black">10</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–1</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,305</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,410</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,515</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">S3,620</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,830</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,935</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,830</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,145</td> <td style="text-align:right; vertical-align:top">$4,250</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–2</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,620</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,830</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,935</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,010</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,145</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,250</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,355</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,460</td> <td style="text-align:right; vertical-align:top">4,565</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–3</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,880</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,985</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,090</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,195</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,300</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,405</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,525</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,650</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,775</td> <td style="text-align:right; vertical-align:top">4,900</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,215</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,355</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,495</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,635</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,775</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,915</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,055</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,195</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,335</td> <td style="text-align:right; vertical-align:top">5,475</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–5</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,690</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,850</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,010</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,170</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,330</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,490</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,650</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,810</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,970</td> <td style="text-align:right; vertical-align:top">6,130</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–6</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,235</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,410</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,585</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,760</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,935</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,110</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,285</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,460</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,635</td> <td style="text-align:right; vertical-align:top">6,810</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–7</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,795</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,990</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,185</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,380</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,575</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,770</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,965</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,160</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,355</td> <td style="text-align:right; vertical-align:top">7,550</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–8</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,390</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,600</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,810</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,020</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,230</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,440</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,650</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,860</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,070</td> <td style="text-align:right; vertical-align:top">8,280</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–9</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,030</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,260</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,490</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,720</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,950</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,180</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,410</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,640</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,870</td> <td style="text-align:right; vertical-align:top">9,100</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–10</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,690</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,945</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,200</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,4,55</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,710</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,965</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,220</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,475</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,730</td> <td style="text-align:right; vertical-align:top">9,985</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–11</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,410</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,690</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,970</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,250</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,530</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,810</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,090</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,370</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,650</td> <td style="text-align:left; vertical-align:top"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–12</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,980</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,310</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,640</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,970</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,300</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,630</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,960</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,290</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,620</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–13</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,110</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,495</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,880</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,265</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,650</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,035</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,420</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14 805</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–14</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,615</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,065</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,515</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,965</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,415</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,865</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,315</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,765</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,215</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–15</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,665</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,180</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,695</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,210</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,240</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,755</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">19,270</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–16</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,000</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–17</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">19,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">19,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">20,000</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">GS–18</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">20,000</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">--------”</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content> </level></subsection> </quotedContent></content> </subsection> <page identifier="/us/stat/76/844">76 <inline class="smallCaps">Stat</inline>. 844</page> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8">Compensation Schedule I, initial adjustment of rates.</p></sidenote><chapeau class="inline">The rates of basic compensation of officers and employees to whom Compensation Schedule I of the General Schedule set forth in subsection (a) of this section applies shall, subject to the provisions of paragraph (10) of this subsection, be initially adjusted, effective on the first day of the first pay period beginning on or after the date of enactment of this Act, as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="firstIndent1 fontsize8">Grades 1–3.</p></sidenote><content class="inline">If the officer, or employee is receiving basic compensation immediately prior to the first day of the first pay period which begins on or after the date of enactment of this Act at the first, second, third, fourth, fifth, sixth, or seventh scheduled rate, or at the first or second longevity rate of a grade below grade 4 of the General Schedule of the Classification Act of 1949, as amended, he shall be advanced as follows: Employees in step 1 to step 2 of the new schedule; step 2 to step 3; step 3 to step 4; step 4 to step 5; step 5 to step 6; step 6 to step 7; step 7 to step 8; the first longevity step to step-9; and the second longevity step to step 10.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent1 fontsize8">Grades 1–3.</p><p class="firstIndent1 fontsize8">Third longevity rate.</p></sidenote><content class="inline">If the officer or employee is receiving basic compensation immediately prior to the first day of the first pay period which begins on or after the date of enactment of this Act at the third longevity rate of a grade below grade 4 of the General Schedule of the Classification Act of 1949, as amended, he shall receive basic compensation at the highest rate of the appropriate grade plus an amount equal to the value of the maximum within grade increment provided for that grade in effect on and after such day.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="firstIndent1 fontsize8">Grades 4–10.</p></sidenote><content class="inline">If the officer or employee is receiving basic compensation immediately prior to the first day of the first pay period which begins on or after the date of enactment of this Act at the first, second, third, fourth, fifth, sixth, or seventh scheduled rate, or at the first, second, or third longevity rate, of grade 4, 5, 6, 7, 8, 9, or 10 of the General Schedule of the Classification Act of 1949, as amended, he shall receive a rate of basic compensation at the corresponding first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, or tenth rate of the appropriate grade in effect on and after such day.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num><sidenote><p class="firstIndent1 fontsize8">Grades 11–14.</p></sidenote><content class="inline">If the officer or employee is receiving basic compensation immediately prior to the first day of the first pay period which begins on or after the date of enactment of this Act at the first, second, third, fourth, fifth, or sixth scheduled rate, or at the first, second, or third longevity rate of grade 11, 12, 13, or 14 of the General Schedule of the Classification Act of 1949, as amended, he shall receive a rate of basic compensation at the corresponding first, second, third, fourth, fifth, sixth, seventh, eighth; or ninth rate of the appropriate grade in effect on and after such day.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num><sidenote><p class="firstIndent1 fontsize8">Grade 15.</p></sidenote><content class="inline">If the officer or employee is receiving basic compensation immediately prior to the first day of the first pay period which begins on or after the date of enactment of this Act at the first, second, third, fourth, or fifth scheduled rate, or at the first, second, or third longevity rate of grade 15 of the General Schedule of the Classification Act of 1949, as amended, he shall receive a rate of basic compensation at the corresponding first, second, third, fourth, fifth, sixth, seventh, or eighth rate of such grade in effect on and after such day.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num><sidenote><p class="firstIndent1 fontsize8">Grades 16 or 17.</p></sidenote><content class="inline">If the officer or employee is receiving basic compensation immediately prior to the first day of the first pay period, which begins on or after the date of enactment of this Act at the first, second, third, fourth, or fifth rate of grade 16 or grade 17 of the General Schedule of the Classification Act of 1949, as amended, he shall receive a rate of basic compensation at the corresponding <page identifier="/us/stat/76/845">76 <inline class="smallCaps">Stat</inline>. 845</page>first, second, third, fourth, or fifth rate of the appropriate grade in effect on and after such day.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>If the officer or employee is receiving basic compensation <sidenote><p class="firstIndent1 fontsize8">Grade 18.</p></sidenote>immediately prior to the first day of the first pay period which begins on or after the date of enactment of this Act at the rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended, he shall receive a rate of basic compensation at the corresponding rate of such grade in effect on and after such day.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>If the officer or employee is receiving basic compensation <sidenote><p class="firstIndent1 fontsize8">Rates between scheduled or longevity rates.</p></sidenote>immediately prior to the first day of the first pay period which begins on or after the date of enactment of this Act at a rate between two scheduled or two longevity rates, or between a scheduled and a longevity rate, of a grade of the General Schedule, he shall receive a rate of basic compensation at the higher of the two corresponding rates, as specified in paragraphs (1) through (6) of this subsection, in effect on and after such day.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>If the officer or employee is receiving basic compensation <sidenote><p class="firstIndent1 fontsize8">Maximum longevity or scheduled rates.</p></sidenote>immediately prior to the first day of the first pay period which begins on or after the date of enactment of this Act at a rate in excess of the maximum longevity rate for his grade, or in excess of the maximum scheduled rate for his grade if there is no longevity rate for his grade, he shall receive (A) the rate of the new schedule, in effect on and after such day, prescribed by paragraphs (1) through (6) of this subsection for employees at the maximum longevity rate or at the maximum scheduled rate, as the case may be, for his grade, or (B) if such rate is less than his existing rate, (i) the lowest rate of the new schedule for his grade which equals or exceeds his existing rate or (ii) if there is no such rate, his existing rate.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>Service of officers and employees performed immediately <sidenote><p class="firstIndent1 fontsize8">Certain previous service.</p></sidenote>preceding the first day of the first pay period which begins on or after the date of enactment of this Act, in the grade of the General Schedule in which their respective positions were placed on such day, shall be counted toward not to exceed one step increase under the time in grade provisions of subsection (a) of section 701 of the Classification Act of 1949 as amended by <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 847.</p></sidenote>this Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>If the officer or employee, immediately prior to the first day of the first pay period which began on or after the date of enactment of this Act, is receiving, pursuant to paragraph (4) of section 2(b) of the Federal Employees Salary Increase Act of 1955, an existing aggregate rate of compensation determined <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/173">69 Stat. 173</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1113">5 USC 1113 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s926">5 USC 926 note</ref>.</p></sidenote>under section 208(b) of the Act of September 1, 1954 (68 Stat. 1111; Public Law 763, Eighty-third Congress), plus the amount of the increase provided by section 2 of the Federal Employees Salary Increase Act of 1955, by section 2 of the Federal Employees Salary Increase Act of 1958, and by section 112 of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/203">72 Stat. 203</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1113">5 USC 1113 and note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/298">74 Stat. 298</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1113">5 USC 1113 and note</ref>.</p></sidenote>the Federal Employees Salary Increase Act of 1960, he shall receive an aggregate rate of compensation equal to the sum of (A) his existing aggregate rate of compensation determined under such section 208(b) of the Act of September 1, 1954, (B) the amount of the increase provided by section 2 of the Federal Employees Salary Increase Act of 1955, (C) the amount of the increase provided by section 2 of the Federal Employees Salary Increase Act of 1958, (D) the amount of the increase provided by section 112 of the Federal Employees Salary Increase Act of 1960, and (E) the amount of the increase made by this section in the maximum rate of his grade, until (i) he <page identifier="/us/stat/76/846">76 <inline class="smallCaps">Stat</inline>. 846</page>leaves his position, or (ii) he is entitled to receive aggregate compensation at a higher rate by reason of the operation of this Act or any other provision of law; but, when such position becomes vacant, the aggregate rate of compensation of any subsequent appointee thereto shall be fixed in accordance with applicable provisions of law. Subject to clauses (i) and (ii) of the immediately preceding sentence of this paragraph, the amount of the increase provided by this section shall be held and considered for the purpose of section 208(b) of such Act of September 1, 1954, to constitute a part of the existing rate of compensation of such employee.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="firstIndent1 fontsize8">Compensation Schedule II, initial adjustment of rates.</p></sidenote><chapeau class="inline">The rates of basic compensation of officers and employees to whom Compensation Schedule II of the General Schedule set forth in subsection (a) of this section applies shall be initially adjusted, effective as of the first day of the first pay period beginning on or after January 1, 1964, as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>If the officer or employee is receiving basic compensation immediately prior to the first day of the first pay period which begins on or after January 1, 1964, at one of the rates of a grade in the General Schedule of the Classification Act of 1949, as amended, he shall receive a rate of basic compensation at the corresponding rate in effect on and after such date.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent1 fontsize8">Rate between two rates.</p></sidenote><content class="inline">If the officer or employee is receiving basic compensation immediately prior to the first day of the first pay period which begins on or after January 1, 1964, at a rate between two rates of a grade in the General Schedule of the Classification Act of 1949, as amended, he shall receive a rate of basic compensation at the higher of the two corresponding rates in effect on and after such date.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="firstIndent1 fontsize8">Maximum rate of grade.</p></sidenote><content class="inline">If the officer or employee is receiving basic compensation immediately prior to the first day of the first pay period which begins on or after January 1, 1964, at a rate in excess of the maximum rate for his grade, as in effect on and after such date, he shall receive (A) the rate of the new schedule prescribed for employees at the maximum rate for his guide, or (B) his existing rate of basic compensation if such existing rate is higher.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>If the officer or employee, immediately prior to the first day of the first pay period which begins on or after January 1, 1964, is receiving, pursuant to paragraph (4) of section 2(b) of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/173">69 Stat. 173</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1113">5 USC 1113 note</ref>.</p></sidenote>the Federal Employees Salary Increase Act of 1955, an existing aggregate rate of compensation determined under section 208(b) of the Act of September 1, 1954 (68 Stat. 1111; Public Law 763, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s926">5 USC 926 note</ref>.</p></sidenote>Eighty-third Congress), plus the amount of the increase provided by section 2 of the federal Employees Salary Increase Act of 1955, by section 2 of the Federal Employees Salary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/203">72 Stat. 203</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/298">74 Stat. 298</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1113">5 USC 1113 and note</ref>.</p></sidenote>Increase Act of 1958, and by section 112 of the Federal Employees Salary Increase Act of 1960, and the amount of the initial increase provided by this section, he shall receive an aggregate rate of compensation equal to the sum of (A) his existing aggregate rate of compensation determined under such section 208(b) of the Act of September 1, 1954, (B) the amount of the increase provided by section 2 of the Federal Employees Salary Increase Act of 1955, (C) the amount of the increase provided by section 2 of the Federal Employees Salary Increase Act of 1958, (D) the amount of the increase provided by section 112 of the Federal Employees Salary Increase Act of i960, and (E) the amount of the increase made by this section in the maximum rate of his grade, until (i) he leaves his position, or (ii) he is entitled to receive aggregate compensation at a higher rate by reason of the operation of this <page identifier="/us/stat/76/847">76 <inline class="smallCaps">Stat</inline>. 847</page>Act or any other provision of law; but, when such position becomes vacant, the aggregate rate of compensation of any subsequent appointee thereto shall be fixed in accordance with applicable provisions of law. Subject to clauses (i) and (ii) of the immediately preceding sentence of this paragraph, the amount of the increase provided by this section shall be held and considered for the purpose of section 208 (b) of such Act of September 1, 1954, to constitute a part of the existing rate of compensation of such employee.</content></paragraph></subsection> </section> <section> <heading class="smallCaps centered">step-increases</heading> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num><content>Title VII of the Classification Act of 1949, as amended (5 U.S.C. 1121–1125), relating to step-increases under such Act, is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/1100">64 Stat. 1100</ref>; <ref href="/us/stat/65/613">65 Stat. 613</ref>.</p></sidenote>amended to read as follows: <quotedContent> <title><num value="VII"><inline class="smallCaps">“Title VII</inline>—</num><heading class="inline"><inline class="smallCaps">Step-Increases</inline></heading> <section class="firstIndent1 fontsize10"><num value="701"><inline class="smallCaps">“Sec</inline>. 701. </num><subsection class="inline"><num value="a">(a) </num><chapeau>Each officer or employee compensated on a per annum basis, and occupying a permanent position within the scope of the compensation schedules fixed by this Act, who has not attained the maximum rate of compensation for the grade in which his position is placed, shall be advanced in compensation successively to the next higher rate within the grade at the beginning of the next pay period following the completion of (1) each fifty-two calendar weeks of service in salary rates 1, 2, and 3, or (2) each one hundred and four calendar weeks of service in salary rates 4, 5, and 6, or (3) each one hundred and fifty-six calendar weeks of service in salary rates 7, 8, and 9, subject to the following conditions:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>That no equivalent increase in compensation from any cause was received during such period;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>That his work is of an acceptable level of competence as determined by the head of the department; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>That the benefit of successive step-increases shall be preserved, under regulations issued by the Commission, for officers and employees whose continuous service is interrupted in the public interest by service with the Armed Forces or by service in essential non-Government civilian employment during a period of war or national emergency.</content> </subparagraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Any increase in compensation granted by law shall not be construed to be an equivalent increase in compensation within the meaning of subsection (a).</content></subsection></section> <section class="firstIndent1 fontsize10"><num value="702"><inline class="smallCaps">“Sec</inline>. 702. </num><subsection class="inline"><num value="a">(a) </num><content>Within the limit of available appropriations and in accordance with regulations prescribed by the Commission, the head of each department is authorized to grant additional step-increases in recognition of high quality performance above that ordinarily found in the type of position concerned. Step-increases under this section shall be in addition to those under section 701 and shall not be construed to be an equivalent increase in compensation within the meaning of subsection (a) of section 701.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>No officer or employee shall be eligible under this section for more than one such additional step-increase within any period of fifty-two weeks.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="703"><inline class="smallCaps">“Sec</inline>. 703. </num> <content>This title shall not apply to the compensation of persons <sidenote><p class="firstIndent1 fontsize8">Presidential appointments, exception.</p></sidenote>appointed by the President, by and with the advice and consent of the Senate.”</content></section>
general compensation rules Sec. 604. (a) Section 802(b) of the Classification Act of 1949, as amended (5 U.S.C. 1132(b)), relating to the salary to be received by

63 Stat. 969.

an officer or employee who is promoted or transferred to a higher grade, is amended to read as follows: 76 Stat. 848 “(b) Any officer or employee who is promoted or transferred to a position in a higher grade shall receive basic compensation at the lowest rate of such higher grade which exceeds his existing rate of basic compensation by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of any officer or employee so promoted or transferred who is receiving basic compensation at a rate in excess of the maximum rate for his grade under any provision of law, there is no rate in such higher grade which is at least two step-increases above his existing rate of basic compensation, he shall receive (1) the maximum rate of such higher grade, or (2) his existing rate of basic compensation, if such existing rate is the higher. In case any such officer or employee so promoted or transferred is receiving basic compensation at a rate saved to him

Infra.

under section 507 of this Act upon reduction in grade, such officer or employee shall receive (A) basic compensation at a rate two steps above the rate which he would be receiving if such section 507 were not applicable in his case, or (B) his existing rate of basic compensation, if such existing rate is the higher.” (b)

Basic compensation of certain employees, retention.

Section 802 of such Act is amended by adding at the end thereof a new subsection to read as follows: “(d) The Commission may issue regulations governing the retention of the rate of basic compensation of an employee who together with his position is brought under this Act. If any such employee so entitled to receive a retained rate under regulations issued pursuant to this subsection is later demoted to a position under this Act, his rate of basic compensation shall be determined in accordance with section 507 of this Act, except that service in the position which was brought under the Act shall, for purposes of section 507, be considered as service under this Act.”. (c)

Supervisors of wage board employees, compensation.

Section 803 of the Classification Act of 1949, as amended (5 U.S.C. 1133), is amended to read as follows:
“Sec. 803. Each employee in a position under this Act, who regularly has responsibility for supervision (including supervision over the technical aspects of the work concerned) over employees whose compensation is fixed and adjusted from time to time by wage boards or similar administrative authorities as nearly as is consistent with the public interest in accordance with prevailing rates, may, in accordance with regulations issued by the Commission, be paid at one of the scheduled rates for his grade which is above the highest rate of basic compensation being paid to any such prevailing-rate employee regularly supervised, or at the maximum rate for his grade, as provided for in such regulations.”.
salary retention Sec. 605. Section 507 of the Classification Act of 1949, as amended (72 Stat. 830; 5 U.S.C. 1107), is amended— (1) by striking out “(other than grade 16, 17, or 18 of the General Schedule)” in paragraph (1) of subsection (a) of such section: and (2) by striking out “(B) in the same grade or in the same and higher grades;” in paragraph (4) of subsection (a) of such section; and by inserting in lieu thereof “(B) in any grade or grades higher than the grade to which demoted;”.
top grade positions under classification act of 1949 Sec. 606. (a) Section 505 (b) of the Classification Act of 1949, as

75 Stat. 786.

amended (5 U.S.C. 1105(b)), relating to the limitation on numbers of positions in grades 16, 17, and 18 of the General Schedule of such 76 Stat. 849Act, is amended by striking out “not to exceed an aggregate of nineteen hundred and eighty-nine” and substituting in lieu thereof “not to exceed an aggregate of twenty-four hundred, in addition to any professional engineering positions primarily concerned with research and development and professional positions in the physical and natural sciences and medicine which may be placed in such grades”. (b) Section 505(j) of such Act is amended by inserting after the

Department of Defense.

73 Stat. 700; 75 Stat. 786.

word “positions” the following: “(in addition to any professional engineering positions primarily concerned with research and development and professional positions in the physical and natural sciences and medicine which may be placed in such grades)”. (c) Section 505 of such Act is further amended by inserting after

Warden, Bureau of Prisons.

subsection (j) the following new subsections: “(k) The Attorney General is authorized, without regard to any other provision of this section, to place a total of ten positions of Warden in the Bureau of Prisons in grade 16 of the General Schedule. Such positions shall be in addition to the number of positions authorized to be placed in such grade by subsection (b). “(l) The Attorney General is authorized, without regard to any

Member, Board of Parole.

other provision of this section, to place a total of eight positions of Member of the Board of Parole in grade 17 of the General Schedule. Such positions shall be in addition to the number of positions authorized to be placed in such grade by subsection (b).”
conforming changes in existing law Sec. 607. (a) The following provisions of law are hereby repealed:

Repeals.

Commerce, Budget Officers.

 (1) Section 104 of the Department of Commerce and Related Agencies Appropriation Act, 1956 (69 Stat. 234; 5 U.S.C. 592(d)), authorizing grade 17 of the General Schedule of the Classification Act of 1949 for the position of Budget Officer of the Department of Commerce so long as the position is held by the present incumbent. (2) Section 206 of the Public Works Appropriation Act, 1956 (69

Interior, Director, Division of Budget and Finance.

Stat. 360; 5 U.S.C. 483–2), authorizing the Secretary of the Interior to place the position of Director, Division of Budget and Finance, in grade 17 of the General Schedule established by the Classification Act of 1949 so long as the position is held by the present incumbent. (3) The second paragraph under the heading “Administrative Provisions”

Engineers, Chief, Programs Branch.

in title III of the Public Works Appropriation Act, 1956 (69 Stat. 364; 10 U.S.C. 1335, note), authorizing the Chief of Engineers to place the position of Chief of the Programs Branch, Office of the Assistant Chief of Engineers for Civil Works, in grade 17 of the General Schedule established by the Classification Act of 1949 so long as the position is held by the present incumbent. (4) Section 24(d) of the Area Redevelopment Act (75 Stat. 62;

Area Redevelopment Act, certain positions.

42 U.S.C. 2521(d)), authorizing five positions in grades 16, 17, and 18 of the General Schedule established by the Classification Act of 1949 for agencies performing functions under that Act. (5) The fourth sentence of section 3(a) of the Fish and Wildlife

Fish and Wildlife, Commissioner.

Act of 1956 (70 Stat. 1120; 16 U.S.C. 742b(a)), relating to the annual salary of the Commissioner of Fish and Wildlife in the Department of the Interior, which reads: “He shall receive compensation at the same rate as that provided for grade GS–18.”. (6) That part of section 207 of the Agricultural Act of 1956 (70

Agriculture, surplus disposal administrator.

Stat. 200; 7 U.S.C. 1857), relating to the annual salary of an agricultural surplus disposal administrator in the Department of Agriculture, which reads: “, at a salary rate of not exceeding $15,000 per annum,”. 76 Stat. 850 (7)

Reporting requirement.

Section 1102 of the Classification Act of 1949, as amended (63 Stat. 971; 5 U.S.C. 1073), relating to the submission of reports with 3sct to the rates of compensation under, and the administration of, Act. (b)

Bureau of prisons, certain positions.

The second proviso of the paragraph under the heading “Federal Prison System” and under the subheading “salaries and expenses, bureau of prisons” in title II (the Department of Justice Appropriation Act, 1956) of the Departments of State and Justice, the Judiciary, and Related Agencies Appropriations Act, 1956 (69 Stat. 273; Public Law 133, Eighty-fourth Congress; 5 U.S.C. 298a) is amended by striking out “three positions” and inserting in lieu thereof “one position”.
Sec. 608. (a)

Affected positions, transfer to General Schedule.

Each position specifically referred to in, or covered by, any repeal made by section 607(a) of this title shall be placed in the appropriate grade of the General Schedule of the Classification Act of 1949, as amended, in accordance with the provisions of such Act. (b)

Supergrades.

Positions in grade 16, 17, or 18, as the case may be, of the General Schedule of the Classification Act of 1949, as amended, immediately prior to the effective date of this section, shall remain, on and after such effective date, in their respective grades, until appropriate action is taken under section 505 of the Classification Act of

Ante, pp. 848, 849.

1949 as in effect on and after such effective date.
savings provisions Sec. 609. (a) The changes in existing law made by this title shall not affect any position existing immediately prior to the effective date of any such changes in existing law, the compensation attached to such position, and any incumbent thereof, his appointment thereto, and his entitlement to receive the compensation attached thereto, until appropriate action is taken in accordance with this title. (b) The incumbent of each such position immediately prior to the effective date of this title shall continue to receive the rate of basic compensation which he was receiving immediately prior to such effective date until he leaves such position or until he is entitled to receive compensation at a higher rate in accordance with law. When such incumbent leaves such position, the rate of basic compensation of each subsequent appointee to such position shall be determined in accordance

Ante, p. 843.

with the Classification Act of 1949, as amended.
effective dates Sec. 610. Except as otherwise expressly provided in this title, the provisions of this title shall become effective on the first day or the first pay period which begins on or after the date of enactment of this Act.
<num value="III"><inline class="smallCaps">Title III</inline>—</num><heading class="inline"><inline class="smallCaps">Postal Field Service Employees</inline></heading> <section> <heading class="smallCaps centered">short title</heading> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num><sidenote><p class="firstIndent1 fontsize8">Postal Employees Salary Adjustment Act of 1962.</p></sidenote><content class="inline">This title may be cited as the “<shortTitle role="title">Postal Employees Salary Adjustment Act of 1962</shortTitle>”.</content></section> <section> <heading class="smallCaps centered">postal field service schedules</heading> <num value="702"><inline class="smallCaps">Sec</inline>. 702. </num> <content>Subsection (a) of section 3542 of title 39, United States <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 443.</p></sidenote>Code, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a) </num><chapeau>There are established basic compensation schedules for positions in the postal field service which shall be known as the Postal <page identifier="/us/stat/76/851">76 <inline class="smallCaps">Stat</inline>. 851</page>Field Service Schedules and for which the symbol shall be ‘PFS’. Each such schedule shall be in effect for the period specified with respect to such schedule. Except as provided in sections 3543 and <sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote>3544 of this title, basic compensation shall be paid to all employees <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 853.</p></sidenote>in accordance with these schedules.</chapeau> <level> <heading class="smallCaps centered">“postal field service schedule i</heading> <content class="indent1 firstIndent-1 fontsize8">“(To be effective for the period beginning on the first day of the first pay period beginning on or after the date of enactment of this Act, and ending immediately prior to the applicable initial effective date of the second PFS schedule set forth below) <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:center; border-right:1px solid black; border-top:1px solid black"> </th> <th colspan="12" style="width:72%; text-align:center; border-top:1px solid black">Per annum rates and steps</th> </tr> <tr> <th style="width:28%; text-align:center; border-right:1px solid black">“PFS</th> <th style="width:6%; text-align:left"></th> <th style="width:6%; text-align:left"></th> <th style="width:6%; text-align:left"></th> <th style="width:6%; text-align:left"></th> <th style="width:6%; text-align:left"></th> <th style="width:6%; text-align:left"></th> <th style="width:6%; text-align:left"></th> <th style="width:6%; text-align:left"></th> <th style="width:6%; text-align:left"></th> <th style="width:6%; text-align:left"></th> <th style="width:6%; text-align:left"></th> <th style="width:6%; text-align:left"></th> </tr> <tr> <th style="width:28%; text-align:center; border-right:1px solid black"> </th> <th style="width:6%; height:2.5em; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">1</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">2</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">3</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">4</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">5</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">6</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">7</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">8</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">9</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">10</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">11</th> <th style="width:6%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">12</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">1</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,595</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,855</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,985</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,115</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,245</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,375</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,505</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,635</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,765</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,895</td> <td style="text-align:right; vertical-align:top">$5,025</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,905</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,040</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,175</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,310</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,445</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,580</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,715</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,850</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,985</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,120</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,255</td> <td style="text-align:right; vertical-align:top">5,390</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">3</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,230</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,375</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,520</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,665</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,810</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,955</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,100</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,245</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,390</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,535</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,680</td> <td style="text-align:right; vertical-align:top">5,825</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,565</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,885</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,045</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,205</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,365</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,525</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,685</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,845</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,005</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,165</td> <td style="text-align:right; vertical-align:top">6,325</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">5</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,965</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,130</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,295</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,460</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,625</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,790</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,955</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,120</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,285</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,450</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,615</td> <td style="text-align:right; vertical-align:top">6,780</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">6</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,365</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,545</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,905</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,085</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,265</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,445</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,625</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,805</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,985</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,165</td> <td style="text-align:right; vertical-align:top">7,345</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">7</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,805</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,195</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,390</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,585</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,780</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,975</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,170</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,365</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,560</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">8</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,285</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,495</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,705</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,915</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,125</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,335</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,545</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,755</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,965</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,175</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">9</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,805</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,030</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,255</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,480</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,705</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,930</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,155</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,380</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,605</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,830</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">10</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,395</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,040</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,885</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,130</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,375</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,620</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,865</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,110</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,355</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,600</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">11</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,045</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,310</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,575</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,840</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,105</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,370</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,635</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,900</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,165</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">12</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,840</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,135</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,430</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,020</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,315</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,610</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,905</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,200</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">13</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,050</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,375</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,700</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,025</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,350</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,675</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,325</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">14</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,705</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,060</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,415</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,770</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,125</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,480</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,835</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,190</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,545</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">15</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,780</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,170</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,560</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,950</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,340</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,730</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,120</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,510</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,900</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">16</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,955</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,385</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,815</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,245</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,675</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,105</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,535</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,965</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">17</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,200</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,730</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,200</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,670</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,140</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,610</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,080</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,550</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">18</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,500</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">19</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,750</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,250</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,750</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,250</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,750</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">19,250</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">20</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">19,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">19,500</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">-------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content> </level> <level> <heading class="smallCaps centered">“postal field service schedule ii</heading> <content class="indent1 firstIndent-1 fontsize8">“(To be effective on the first day of the first pay period beginning on or after January 1, 1964, and thereafter) <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:center; border-right:1px solid black; border-top:1px solid black"> </th> <th colspan="12" style="width:72%; text-align:center; border-top:1px solid black">Per annum rates and steps</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:center; border-right:1px solid black">“PFS</th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:center; border-right:1px solid black"> </th> <th style="width:6%; height:2.5em; text-align:center; border-right:1px solid black">1</th> <th style="width:6%; text-align:center; border-right:1px solid black">2</th> <th style="width:6%; text-align:center; border-right:1px solid black">3</th> <th style="width:6%; text-align:center; border-right:1px solid black">4</th> <th style="width:6%; text-align:center; border-right:1px solid black">5</th> <th style="width:6%; text-align:center; border-right:1px solid black">6</th> <th style="width:6%; text-align:center; border-right:1px solid black">7</th> <th style="width:6%; text-align:center; border-right:1px solid black">8</th> <th style="width:6%; text-align:center; border-right:1px solid black">9</th> <th style="width:6%; text-align:center; border-right:1px solid black">10</th> <th style="width:6%; text-align:center; border-right:1px solid black">11</th> <th style="width:6%; text-align:center">12</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-top:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">1</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,600</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,820</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,950</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,080</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,210</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,340</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,470</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,600</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,730</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,860</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,990</td> <td style="text-align:right; vertical-align:top">$5,120</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">2</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,010</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,145</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,280</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,415</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,550</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,685</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,820</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,955</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,090</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,226</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,360</td> <td style="text-align:right; vertical-align:top">5,495</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">3</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,345</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,490</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,635</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,780</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,926</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,070</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,215</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,360</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,605</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,650</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,795</td> <td style="text-align:right; vertical-align:top">5,940</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,690</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,850</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,010</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,170</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,330</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,490</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,650</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,810</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,970</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,130</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,290</td> <td style="text-align:right; vertical-align:top">6,450</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">5</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,085</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,255</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,425</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,596</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,785</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,935</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,105</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,275</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,445</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,615</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,785</td> <td style="text-align:right; vertical-align:top">6,955</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">6</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,685</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,870</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,055</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,240</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,425</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,610</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,795</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,980</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,165</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,350</td> <td style="text-align:right; vertical-align:top">7,535</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">7</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,950</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,150</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,350</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,650</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,750</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,950</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,150</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,850</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,650</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,750</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">8</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,440</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,655</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,870</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,085</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,300</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,515</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,730</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,945</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,160</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,375</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">9</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,965</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,200</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,435</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,670</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,905</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,140</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,375</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,610</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,845</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,080</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">10</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,650</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,900</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,150</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,400</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,650</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,900</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,150</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,400</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,650</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,900</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">11</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,410</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,690</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,970</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,250</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,530</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,810</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,090</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,370</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,650</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">12</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,270</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,575</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,880</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,185</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,490</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,795</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,100</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,405</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,710</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">13</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,210</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,545</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,880</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,215</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,550</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,885</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,220</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,555</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,890</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">14</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,240</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,610</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,980</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,350</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,720</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,090</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,460</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,830</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,200</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">15</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,370</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,780</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,190</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,600</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,010</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,420</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,830</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,240</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,650</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">16</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,625</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,075</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,525</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,975</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,425</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,875</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,325</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,775</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">17</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,406</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,990</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,485</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,980</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,475</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,970</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,465</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">18</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,500</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">19</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,750</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,250</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">17,750</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,280</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,750</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">19,250</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">-------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">20</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">18,500</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">19,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">19,800</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">--------</td> <td style="text-align:left; vertical-align:top">-------”.</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content></level> </subsection> </quotedContent></content> </section> <section> <heading class="smallCaps centered">rural carrier schedules</heading> <num value="703"><inline class="smallCaps">Sec</inline>. 703. </num><subsection class="inline"><num value="a">(a) </num><content>Section 3543(a) of title 39, United States Code, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <chapeau>There are established basic compensation schedules which shall be known as the Rural Carrier. Schedules, and for which the symbol shall be ‘RCS’. Each such schedule shall be in effect for the period specified with respect to such schedule.</chapeau> <page identifier="/us/stat/76/852">76 <inline class="smallCaps">Stat</inline>. 852</page> <level> <heading class="smallCaps centered">“rural carrier schedule i</heading> <content class="indent1 firstIndent-1 fontsize8">“(To be effective for the period beginning on the first day of the first pay period beginning on or after the date of enactment of this Act, and ending immediately prior to the applicable initial effective date of the second RCS Schedule set forth below) <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </th> <th colspan="12" style="width:72%; text-align:center; border-top:1px solid black">“Per annum rates and steps</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:left; vertical-align:top; border-right:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:left; vertical-align:top; border-right:1px solid black"> </th> <th style="width:6%; height:2.5em; text-align:center; border-right:1px solid black">1</th> <th style="width:6%; text-align:center; border-right:1px solid black">2</th> <th style="width:6%; text-align:center; border-right:1px solid black">3</th> <th style="width:6%; text-align:center; border-right:1px solid black">4</th> <th style="width:6%; text-align:center; border-right:1px solid black">5</th> <th style="width:6%; text-align:center; border-right:1px solid black">6</th> <th style="width:6%; text-align:center; border-right:1px solid black">7</th> <th style="width:6%; text-align:center; border-right:1px solid black">8</th> <th style="width:6%; text-align:center; border-right:1px solid black">9</th> <th style="width:6%; text-align:center; border-right:1px solid black">10</th> <th style="width:6%; text-align:center; border-right:1px solid black">11</th> <th style="width:6%; text-align:center">12</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-top:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; text-indent:-1em; padding-left:1em">Carriers in rural delivery service:</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; text-indent:-2em; padding-left:2em" leaders="yes"> Fixed compensation per annum</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,027</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,127</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,227</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,327</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,427</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,527</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,627</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,727</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,827</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,927</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$3,027</td> <td style="text-align:right; vertical-align:bottom">$3,127</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; text-indent:-2em; padding-left:2em" leaders="yes"> Compensation per mile per annum for each mile up to 30 miles of route</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">73</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">77</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">79</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">81</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">83</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">85</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">87</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">89</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">91</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">93</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">95</td> <td style="text-align:right; vertical-align:bottom">97</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; text-indent:-2em; padding-left:2em" leaders="yes"> For each mile of route over 30 miles</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">24</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">24</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">24</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">24</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">24</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">24</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">24</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">24</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">24</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">24</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">24</td> <td style="text-align:right; vertical-align:bottom">24</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content></level> <level> <heading class="smallCaps centered">“rural carrier schedule ii</heading> <content class="indent1 firstIndent-1 fontsize8">“(To be effective for the period beginning on the first day of the first pay period beginning on or after January 1, 1904, and thereafter) <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </th> <th colspan="12" style="width:72%; text-align:center; border-top:1px solid black">“Per annum rates and steps</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:left; vertical-align:top; border-right:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:left; vertical-align:top; border-right:1px solid black"> </th> <th style="width:6%; height:2.5em; text-align:center; border-right:1px solid black">1</th> <th style="width:6%; text-align:center; border-right:1px solid black">2</th> <th style="width:6%; text-align:center; border-right:1px solid black">3</th> <th style="width:6%; text-align:center; border-right:1px solid black">4</th> <th style="width:6%; text-align:center; border-right:1px solid black">5</th> <th style="width:6%; text-align:center; border-right:1px solid black">6</th> <th style="width:6%; text-align:center; border-right:1px solid black">7</th> <th style="width:6%; text-align:center; border-right:1px solid black">8</th> <th style="width:6%; text-align:center; border-right:1px solid black">9</th> <th style="width:6%; text-align:center; border-right:1px solid black">10</th> <th style="width:6%; text-align:center; border-right:1px solid black">11</th> <th style="width:6%; text-align:center">12</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-top:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; text-indent:-1em; padding-left:1em">Carriers in rural delivery service:</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; text-indent:-2em; padding-left:2em" leaders="yes"> Fixed compensation per annum</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,080</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,180</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,280</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,380</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,480</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,580</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,080</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,780</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,880</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$2,880</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$3,080</td> <td style="text-align:right; vertical-align:bottom">$3,180</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; text-indent:-2em; padding-left:2em" leaders="yes"> Compensation per mile per annum for each mile up to 30 miles of route</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">77</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">79</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">81</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">83</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">86</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">87</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">89</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">91</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">93</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">96</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">97</td> <td style="text-align:right; vertical-align:bottom">99</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; text-indent:-2em; padding-left:2em" leaders="yes"> For each mile of route over 30 miles</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">25</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">25</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">25</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">25</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">25</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">25</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">25</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">25</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">25</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">25</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">25</td> <td style="text-align:right; vertical-align:bottom">25”</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content></level> </subsection> </quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/646">74 Stat. 646</ref>.</p></sidenote><content class="inline">Section 3543(c) of title 39, United States Code, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>The Postmaster General may pay such additional compensation as he may determine to be fair and reasonable in each individual case to rural carriers serving heavily patronized routes.”</content> </subsection> </quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The first sentence of section 3543(f) of title 39, United States Code, is amended to read as follows: “In addition to the compensation provided in the Rural Carrier Schedule, each rural carrier shall be paid for equipment maintenance a sum equal to— <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>12 cents per mile for each mile or major fraction of a mile scheduled, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>$4.20 per day, whichever is greater.”</content> </paragraph> </quotedContent></content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Section 3543 of title 39, United States Code, is amended by adding thereto new subsections (i) and (j) as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="i">“(i) </num><sidenote><p class="firstIndent1 fontsize8">Substitute of record.</p></sidenote><content class="inline">Each person serving as a substitute of record on the effective date of this subsection shall be placed in step 2 of the Rural Carrier Schedule and he shall be advanced by step-increases, on the basis of time on the rolls prior to the effective date, in accordance with the <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 854.</p></sidenote>schedule of step-increases provided in section 3552, except that no such person shall be so advanced to a step higher than the step to which a regular carrier with the same length of service would have advanced prior to such effective date. Thereafter, he shall be advanced by step-increases, pursuant to the provisions of sections 3552 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/649">74 Stat. 649</ref>.</p></sidenote>and 3553 of this title. On and after the effective date of this subsection, each substitute rural carrier shall be paid the daily rate, based on the step attained by him, for the route on which service is performed.</content> </subsection> <subsection class="indent0 fontsize10"><num value="j">“(j) </num> <content>Each temporary rural carrier who, on the effective date of this subsection, is serving on a vacant route pending the appointment of a <page identifier="/us/stat/76/853">76 <inline class="smallCaps">Stat</inline>. 853</page>regular rural carrier shall be placed in step 2 and shall be advanced by step-increases on the basis of any prior substitute or temporary rural carrier service in accordance with the schedule of step-increases provided in section 3552.” <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 854.</p></sidenote></content></subsection> </quotedContent></content></subsection> </section> <section> <heading class="smallCaps centered">fourth class office schedules</heading> <num value="704"><inline class="smallCaps">Sec</inline>. 704. </num><subsection class="inline"><num value="a">(a) </num><content>Section 3544(a) of title 39, United States Code, is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/647">74 Stat. 647</ref>.</p></sidenote>amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <chapeau>There are established basic compensation schedules which shall lie known as the Fourth Class Office Schedules, and for which the symbol shall be ‘EOS’, for postmasters in post offices of the fourth class. Each such schedule shall be in effect for the period specified with respect to such schedule. Each such schedule is based upon the gross postal receipts as contained in returns of the post office for the calendar year immediately preceding. Basic compensation shall be paid to postmasters in post offices of the fourth class in accordance with these schedules.</chapeau> <level> <heading class="smallCaps centered">“fourth class office schedule i</heading> <content class="indent1 firstIndent-1 fontsize8">“(To be effective for the period beginning on the first day of the first pay period beginning on or after the date of enactment of this Act and ending immediately prior to the applicable initial effective date of the second FOB schedule set forth below) <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:center; border-right:1px solid black; border-top:1px solid black"> </th> <th colspan="12" style="width:72%; text-align:center; border-top:1px solid black">Per annum rates and steps</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:center; border-right:1px solid black">“Gross receipts</th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:center; border-right:1px solid black; border-bottom:1px solid black"> </th> <th style="width:6%; height:2.5em; text-align:center; border-right:1px solid black; border-bottom:1px solid black">1</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">2</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">3</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">4</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">5</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">6</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">7</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">8</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">9</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">10</th> <th style="width:6%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">11</th> <th style="width:6%; text-align:center; border-bottom:1px solid black">12</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:top"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">$1,300 to $1,499.99</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,277</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,386</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,495</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,604</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,713</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,822</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,931</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,040</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,149</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,258</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,367</td> <td style="text-align:right; vertical-align:top">$4,476</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">$900 to $1,299.99</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,003</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,102</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,201</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,300</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,399</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,498</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,597</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,696</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,795</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,894</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,993</td> <td style="text-align:right; vertical-align:top">4,092</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">$600 to $899.99</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,457</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,540</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,623</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,706</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,789</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,872</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,955</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,038</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,121</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,204</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,287</td> <td style="text-align:right; vertical-align:top">3,370</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">$350 to $599.99</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,911</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,973</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,035</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,097</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,159</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,221</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,283</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,345</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,407</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,469</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,531</td> <td style="text-align:right; vertical-align:top">2,593</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">$250 to $349.99</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,366</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,410</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,454</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,498</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,542</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,586</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,630</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,674</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,718</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,762</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,806</td> <td style="text-align:right; vertical-align:top">1,850</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">$200 to $249.99</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,092</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,128</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,164</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,300</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,235</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,272</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,308</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,344</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,380</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,416</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,452</td> <td style="text-align:right; vertical-align:top">1,488</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">$100 to $199.99</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">820</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">846</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">872</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">898</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">924</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">950</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">976</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,002</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,028</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,054</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,080</td> <td style="text-align:right; vertical-align:top">1,106</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Under $100</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">545</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">562</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">579</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">596</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">613</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">630</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">647</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">664</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">681</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">698</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">715</td> <td style="text-align:right; vertical-align:top">732</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content> </level> <level> <heading class="smallCaps centered">“fourth class schedule ii</heading> <content class="indent1 firstIndent-1 fontsize8">“(To be effective on the first day of the first pay period beginning on or after January 1, 1964, and thereafter) <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:center; border-right:1px solid black; border-top:1px solid black"> </th> <th colspan="12" style="width:72%; text-align:center; border-top:1px solid black">Per annum rates and steps</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:center; border-right:1px solid black">“Gross receipts</th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> <th style="width:6%; text-align:center; border-bottom:1px solid black"> </th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:28%; text-align:center; border-right:1px solid black"> </th> <th style="width:6%; height:2.5em; text-align:center; border-right:1px solid black">1</th> <th style="width:6%; text-align:center; border-right:1px solid black">2</th> <th style="width:6%; text-align:center; border-right:1px solid black">3</th> <th style="width:6%; text-align:center; border-right:1px solid black">4</th> <th style="width:6%; text-align:center; border-right:1px solid black">5</th> <th style="width:6%; text-align:center; border-right:1px solid black">6</th> <th style="width:6%; text-align:center; border-right:1px solid black">7</th> <th style="width:6%; text-align:center; border-right:1px solid black">8</th> <th style="width:6%; text-align:center; border-right:1px solid black">9</th> <th style="width:6%; text-align:center; border-right:1px solid black">10</th> <th style="width:6%; text-align:center; border-right:1px solid black">11</th> <th style="width:6%; text-align:center">12</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-top:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">$1,300 to $1,499.99</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,426</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,540</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,654</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,768</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,882</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$3,996</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,110</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,224</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,338</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,452</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$4,566</td> <td style="text-align:right; vertical-align:top">$4,680</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">$900 to $1,299.99</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,140</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,243</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,346</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,449</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,552</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,655</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,758</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,861</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,964</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,067</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,170</td> <td style="text-align:right; vertical-align:top">4,273</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">$600 to $899.99</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,569</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,655</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,741</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,827</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,913</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,999</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,085</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,171</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,257</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,343</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">3,429</td> <td style="text-align:right; vertical-align:top">3,515</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">$350 to $599.99</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,998</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,063</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,128</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,193</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,258</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,323</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,388</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,453</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,518</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,583</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">2,648</td> <td style="text-align:right; vertical-align:top">2,713</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">$250 to $349.99</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,428</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,474</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,520</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,566</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,612</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,658</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,704</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,750</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,796</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,842</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,888</td> <td style="text-align:right; vertical-align:top">1,934</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">$200 to $249.99</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,142</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,179</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,216</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,253</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,290</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,327</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,364</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,401</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,438</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,475</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,512</td> <td style="text-align:right; vertical-align:top">1,549</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">$100 to $199.99</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">857</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">884</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">911</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">938</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">965</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">992</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,019</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,046</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,073</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,111</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">1,127</td> <td style="text-align:right; vertical-align:top">1,154</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">Under $100</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">569</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">588</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">607</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">626</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">645</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">664</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">683</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">702</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">721</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">740</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">750</td> <td style="text-align:right; vertical-align:top">778”.</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content></level></subsection></quotedContent></content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 3544(b) of title 39, United States Code, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>The basic salary of postmasters in fourth-class post offices <sidenote><p class="firstIndent1 fontsize8">Gross receipts category.</p></sidenote>shall be readjusted for changes in gross receipts at the start of the first pay period after the beginning of each fiscal year. When a post office is restored to a gross receipts category held by it prior to relegation to a lower gross receipts category, the postmaster’s basic salary may be adjusted to the highest salary step held by him when the post office was in the higher gross receipts category. In all other cases, in adjusting a postmaster’s basic salary under this section, the basic salary shall be fixed at the lowest step which is higher than the basic salary received by the postmaster at the end of the preceding fiscal year. If there is no such step the basic salary shall be fixed at the highest step for the adjusted gross receipts of the office. <page identifier="/us/stat/76/854">76 <inline class="smallCaps">Stat</inline>. 854</page>Each increase in basic salary because of change in gross receipts shall <sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote>be deemed the equivalent of a step-increase under section 3552 of this title and the waiting period, for purposes of advancement to the next step, shall begin on the date of adjustment.”</content></subsection></quotedContent></content></subsection></section> <section class="firstIndent1 fontsize10"> <num value="705"><inline class="smallCaps">Sec</inline>. 705. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/649">74 Stat. 649</ref>.</p></sidenote><content class="inline">Section 3552 of title 39, United States Code, is amended to read as follows: <quotedContent> <section> <num value="3552">“§ 3552. </num><heading>Automatic advancement by step increases</heading> <subsection class="indent0 fontsize10"><num value="a">“(a) </num><paragraph class="inline"><num value="1">(1) </num><chapeau>Each employee in levels 1 through 6 of the Postal Field Service Schedule, each employee subject to the Rural Carrier Schedule, and each employee subject to the Fourth Class Office Schedule, who has not reached the highest step for his position, shall be advanced successively to the next higher step as follows:</chapeau> <subparagraph class="firstIndent1 fontsize10"><num value="A">“(A) </num><content>To steps 2, 3, 4, 5, 6, and 7—at the beginning of the first pay period following the completion of fifty-two calendar weeks of satisfactory service; and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="B">“(B) </num><content>To steps 8 and above—at the beginning of the first pay period following the completion of one hundred and fifty-six calendar weeks of satisfactory service.</content></subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>Each employee in the postal field service in level 7 or above of the Postal Field Service Schedule, who has not reached the highest step for his position, shall be advanced successively to the next higher step, as follows:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>To steps 2, 3, and 4—at the beginning of the first pay period following the completion of fifty-two calendar weeks of satisfactory service;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>To steps 5, 6, and 7—at the beginning of the first pay period following the completion of one hundred and four calendar weeks of satisfactory service; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>To steps 8 and above—at the beginning of the first pay period following the completion of one hundred and fifty-six calendar weeks of satisfactory service.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The receipt of an equivalent increase during any of the waiting periods specified in this subsection shall cause a new full waiting period to commence for further step-increases.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Any increase in basic compensation granted by law on or after the date of enactment of the Postal Employees Salary Adjustment Act <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 850.</p></sidenote>of 1962, to employees in the postal field service shall not be deemed to be an equivalent increase in basic compensation within the meaning of subsection (a) of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>The benefit of successive step-increases shall be preserved, under regulations prescribed by the Postmaster General, for employees whose continuous service is interrupted by service in the armed services.”</content> </subsection> </section> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="706"><inline class="smallCaps">Sec</inline>. 706. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/649">74 Stat. 649</ref>.</p></sidenote><content class="inline">Section 3554 of title 39, United States Code, is amended to read as follows: <quotedContent> <section> <num value="3554">“§ 3554. </num><heading>Compensation of certain temporary employees</heading> <content>“Temporary employees hired for a continuous period of one year or less for a position in the postal field service shall be paid basic compensation at the entrance step of the position to which they are appointed.”.</content></section> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="707"><inline class="smallCaps">Sec</inline>. 707. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/651">74 Stat. 651</ref>.</p></sidenote><content class="inline">Section 3559 of title 39, United States Code, is amended to read as follows: <quotedContent> <section> <num value="3559">“§ 3559. </num><heading>Promotions</heading> <content>“An employee who is promoted to a position in the Postal Field Service Schedule which is not more than two salary levels above the salary level of the position from which promoted shall be paid basic compensation at the lowest step of the higher salary level which exceeds his existing basic compensation by not less than two steps of <page identifier="/us/stat/76/855">76 <inline class="smallCaps">Stat</inline>. 855</page>the salary level from which promoted. An employee who is promoted to a position in the Postal Field Service Schedule which is more than two salary levels above the level of the position from which promoted shall be paid basic compensation at the lowest step of the higher salary level which exceeds his existing basic compensation by not less than three steps of the salary level from which promoted. If there is no step in the salary level to which the employee is promoted which exceeds his existing basic compensation by at least the amount of the specified difference, the employee shall be paid the rate for the maximum step of the salary level to which promoted, or his existing basic compensation, whichever is higher.”.</content></section> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="708"><inline class="smallCaps">Sec</inline>. 708. </num> <content>Subsection (a)(4) of section 6402 of title 39, United <sidenote><p class="firstIndent1 fontsize8">Star route contract.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/696">74 Stat. 696</ref>.</p></sidenote>States Code, is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"><num value="4">“(4) </num><content>delivery and collection service may not be established or extended under a star route contract on a rural route except when such rural route does not meet the minimum standards established by the Post master General, and becomes vacant; and”.</content></paragraph> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="709"><inline class="smallCaps">Sec</inline>. 709. </num> <content>Section 3101 of title 39, United States Code, is amended <sidenote><p class="firstIndent1 fontsize8">Definitions.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/607">74 Stat. 607</ref>.</p></sidenote>by deleting paragraphs (5) and (6), and inserting in lieu thereof, the following: <quotedContent> <paragraph class="firstIndent1 fontsize10"><num value="5">“(5) </num><content>‘basic salary’ and ‘basic compensation’ mean the rate of annual or hourly compensation specified by law, exclusive of overtime and night differential.”.</content></paragraph> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="710"><inline class="smallCaps">Sec</inline>. 710. </num> <content>Subsection 3541(d) of title 39, United States Code, is <sidenote><p class="firstIndent1 fontsize8">Compensation.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/644">74 Stat. 644</ref>.</p></sidenote>amended by (a) inserting in paragraph (3) thereof, after “<quotedText>rural carriers,</quotedText>” the phrase “<quotedText>(other than substitute rural carriers,)</quotedText>” and (b) adding a new paragraph (5) as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"><num value="5">“(5) </num><content>To compute the daily rate of basic compensation for substitute rural carriers, the annual rate of compensation shall be divided by 304.”.</content></paragraph> </quotedContent></content> </section> <section> <heading class="smallCaps centered">conversion as of the first pay period beginning on or after the date of enactment of this act</heading> <num value="711"><inline class="smallCaps">Sec</inline>. 711. </num><subsection class="inline"><num value="a">(a) </num><chapeau>The basic compensation of each employee subject to Postal Field Service Schedule I or Rural Carrier Schedule I, as the <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 851, 852.</p></sidenote>case may be, on the effective date of such schedule shall be determined as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Each employee shall be assigned to the same numerical level and step he was in prior to the effective date of such schedule, except that employees in the first four levels of the Postal Field Service Schedule and employees (except employees subject to section 3543(j) of title 39, United States Code) in the Rural <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 852.</p></sidenote>Carrier Schedule shall be advanced as follows: Employees in step 1 to step 2 of the new schedule; step 2 to step 3; step 3 to step 4; step 4 to step 5; step 5 to step 6; step 6 to step 7; step. 7 to step 8. If changes in level or step would otherwise occur on the effective date of such schedule without regard to the enactment of such schedule, such changes shall be deemed to have occurred prior to conversion under this paragraph.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>In addition to conversion under paragraph (1) of this subsection, each employee shall be advanced one additional step for each longevity step which he had earned on or prior to such conversion.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><content>Credit toward the next step-increase (other than toward longevity steps) earned by an employee who had not reached step 7 or who is not advanced to step 7 under paragraph (1) prior to the effective date of such schedule shall he creditable under subsection 3552(a) and section 3553 of title 39, United States <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 854.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/649">74 Stat. 649</ref>.</p></sidenote><page identifier="/us/stat/76/856">76 <inline class="smallCaps">Stat</inline>. 856</page>Code, toward further step-increases if no step-increases were granted pursuant to paragraph (2) of this subsection. Credit earned toward longevity step-increases prior to the effective date of such schedule shall not be creditable toward further step-increases <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 854.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/649">74 Stat. 649</ref>.</p></sidenote>pursuant to subsection 3552(a), and section 3553 of title 39, United States Code.</content> </paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>The basic compensation of each postmaster subject to the <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 853.</p></sidenote>Fourth Class Office Schedule I on the effective date of such schedule shall be determined as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Each postmaster shall be assigned to the same receipts category and numerical step he was in prior to the effective date of such schedule. If changes in receipts category or step would otherwise occur on the effective date of such schedule without regard to the enactment of such schedule, such changes in receipts category or step shall be deemed to have occurred prior to conversion.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Postmasters who, as of the effective date of this schedule, have not reached step 7, shall retain credit for advancement to the next step under section 3552(a) and section 3553 of title 39, United States Code, if no step-increases are granted pursuant to paragraph 3 of this subsection. Credit earned toward longevity step-increases prior to the effective date of such schedule shall not be creditable toward further step-increases under section 3552(a) and section 3553 of title 39, United States Code.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>For each longevity step earned on or prior to the effective date of such schedule postmasters shall be advanced one step.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>If the existing basic compensation of any employee subject to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t39/s3542/3544">39 USC 3542–3544</ref>.</p></sidenote>the Postal Field Service Schedule, Rural Carrier Schedule, or Fourth Class Office Schedule, as the case may be, is greater than the rate established by subsection (a) or (b) of this section, he shall be placed in the first step of such schedule which exceeds his existing basic compensation; if the existing basic compensation is greater than any numerical step, his existing basic compensation shall be established as his basic compensation.</content></subsection> </section> <section> <heading class="smallCaps centered">conversion as of the first pay period beginning on or after january 1, 1964</heading> <num value="712"><inline class="smallCaps">Sec</inline>. 712. </num> <chapeau>The basic compensation of each employee subject to the <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 851–853.</p></sidenote>Postal Field Service Schedule II, Rural Carrier Schedule II, or Fourth Class Office Schedule II, as the case may be, on the effective date of such schedule shall be determined as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Each employee shall be assigned to the same numerical step for his position which he had attained prior to the effective date of such schedule. If changes in levels, receipts categories, or steps would otherwise occur on the effective date of such schedule without regard to enactment of such schedule, such changes shall be deemed to have occurred prior to conversion.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>If existing basic compensation is greater than the rate to which the employee is converted under paragraph (1) of this section, the employee shall be placed in the lowest step which exceeds his basic compensation; if the existing basic compensation exceeds the maximum step of his position, his existing basic compensation shall be established as his basic compensation.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="713"><inline class="smallCaps">Sec</inline>. 713. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/584/585">74 Stat. 584, 585</ref>; <i>Ante</i>, p. 835.</p></sidenote><content class="inline">Subject to sections 711(c) and 712(2) of this title, rates of compensation fixed by reason of section 3560 of title 39, United <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/569">75 Stat. 569</ref>; <i>Post</i>, p. 857.</p></sidenote>States Code, shall not be increased by this title, notwithstanding any provision of such section to the contrary.</content></section> <page identifier="/us/stat/76/857">76 <inline class="smallCaps">Stat</inline>. 857</page> <section> <heading class="smallCaps centered">basic salary in cases of assignments of postal employees</heading> <num value="714"><inline class="smallCaps">Sec</inline>. 714. </num><subsection class="inline"><num value="a">(a) </num><content>Section 3335(b) of title 39, United States Code, is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/612">74 Stat. 612</ref>.</p></sidenote>amended by adding at the end thereof the following sentence: “<quotedText>The Postmaster General may pay, as he deems advisable, in cases of such assignments, a basic salary computed in accordance with the provisions of such section 3559 without regard to the requirement in this subsection <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 854.</p></sidenote>of assignment for more than thirty days in a calendar year.</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Each payment, of an increase in basic salary which was made prior to the date of enactment of this section for services performed for periods of thirty days or less in any calendar year in the course of an assignment referred to in section 3335(b) of title 39, United States Code, by a postal field service employee assigned to duties and responsibilities of a higher salary level, and which would have been authorized by such section 3335(b), if such services had been performed in the course of such assignment after the completion by such employee of thirty days of service in any calendar year in such higher salary level, are hereby validated to the same extent as if such services had been performed after the completion of thirty days of service in any calendar year in the course of such assignment. Payments of increases validated by this subsection shall be considered as basic salary for the purposes of the Civil Service Retirement Act (5 U.S.C. 2251–2267). <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/743">70 Stat. 743</ref>.</p></sidenote></content></subsection> </section> <section> <heading class="smallCaps centered">salary protection revision</heading> <num value="715"><inline class="smallCaps">Sec</inline>. 715. </num><subsection class="inline"><num value="a">(a) </num><content>Section 3560(a)(1) of title 39, United States Code, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/569">75 Stat. 569</ref>.</p></sidenote>is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>basic salary and salary level, with respect to the Postal Field Service Schedule,”.</content> </paragraph> </quotedContent></content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 3560(b) (4) of title 39, United States Code, is amended to read as follows: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>who, for two continuous years immediately prior to such reduction in salary standing, served in the postal field service with any salary standing higher than the salary standing to which he is reduced; and ”.</content> </paragraph> </quotedContent></content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <chapeau>Section 3560(c) of title 39, United States Code, is amended—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out the period at the end of paragraph (B) and inserting “<quotedText>; or</quotedText>” in lieu of such period, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end of such section 3560(c) the following paragraph: <quotedContent> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the amount of the rate in the lowest salary standing which such employee held during the two years immediately preceding such reduction in salary standing augmented by each step increase which he would have earned in such salary standing and by each increase provided by law in such salary rate.”.</content> </subparagraph> </quotedContent></content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num><paragraph class="inline"><num value="1">(1) </num><content>Subject to paragraph (2) of this section, the amendments made by this section to sections 3560(a) (1), 3560(b) (4), and 3560(c) of title 39, United States Code, shall apply only with respect to reductions in salary standing occurring on or after the date of enactment of this Act.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Payments not authorized by section 3560 of title 39, United States Code, which were made prior to the date of enactment of this Act to employees in the postal held service in connection with reductions in salary standing and which would have been authorized under such section 3560 if the amendments made by this section to subsections (b)(4) and (c) of such section 3560 had been in effect at the time such payments were made, are hereby validated to the same extent as if such amendments had been in effect at such time.</content></paragraph> </subsection> </section> <page identifier="/us/stat/76/858">76 <inline class="smallCaps">Stat</inline>. 858</page> <section> <heading class="smallCaps centered">rules for special compensation</heading> <num value="716"><inline class="smallCaps">Sec</inline>. 716. </num><sidenote>39 USC 3101, 3103–3105, 3111–3116.</sidenote><content class="inline">Chapter 41 of title 39, United States Code, is amended by adding immediately following section 3105 a new section 3106 as follows: <quotedContent> <section> <num value="3106">“§ 3106. </num><heading>Special compensation rules</heading> <content><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/645/647">74 Stat. 645–647</ref>.</p></sidenote> “In order that, the basic compensation schedules in sections 3542, 3543, and 3544 of this title may be used equitably and with maximum effect to attract and motivate employees, the Postmaster General may prescribe regulations pursuant to which he may, within the limit of available appropriations, grant to any officer or employee <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 854.</p></sidenote>before the expiration of the periods prescribed by section 3552, step-increases in recognition of extra competence: <proviso><i>Provided</i>, That no officer or employee shall be eligible under this section for more than one such additional step-increase within any period of fifty-two weeks, and such increase shall not be considered to be an equivalent increase.”</proviso></content> </section> </quotedContent></content> </section> <section> <heading class="smallCaps centered">personnel requirements</heading> <num value="717"><inline class="smallCaps">Sec</inline>. 717. </num><subsection class="inline"><num value="a">(a) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/609">74 Stat. 609</ref>; <ref href="/us/stat/75/795">75 Stat. 795</ref>.</p></sidenote><content class="inline">Section 3301 of title 39, United States Code, is amended to read as follows: <quotedContent> <section> <num value="3301">“§ 3301. </num><heading>Personnel requirements</heading> <content>“The Postmaster General shall determine the personnel requirements of the postal field service, and fix the number of supervisors and other employees in that service, except that there may not be at any one time more than one assistant postmaster employed at any post office or a total of 70 employees assigned to salary levels 18, 19, and 20 in the postal field service.”</content></section> </quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s43">5 USC 43 note</ref>.</p></sidenote><content class="inline">Section 1310(a) of the Act of November 1, 1951 (65 Stat. 757), as amended, which fixes a ceiling on permanent employees in the Federal Government, is amended by inserting after the word <proviso>“<quotedText><i>Provided</i>,</quotedText>” the following:</proviso> “<quotedText>That increases in the number of permanent personnel in the Postal Field Service not exceeding 10 per centum above the total number of its permanent employees on September 1, 1950, shall not be chargeable to this limitation: <proviso><i>And provided further</i></proviso></quotedText>”.</content></subsection> </section> <section> <heading class="smallCaps centered">conforming amendment</heading> <num value="718"><inline class="smallCaps">Sec</inline>. 718. </num><subsection class="inline"><num value="a">(a) </num><content>The table of contents of chapter 41 of title 39, United <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t39/s3101">39 USC 3101</ref>.</p></sidenote>States Code, is amended by adding after the heading entitled “<inline class="smallCaps">employees generally</inline>”, the following: <quotedContent> <toc> <referenceItem role="section"><designator>“3106.</designator> <label>Special compensation rules”.</label></referenceItem> </toc> </quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><content>The table of contents of chapter 45 of title 39, United States <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t39/s3501">39 USC 3501</ref>.</p></sidenote>Code, is amended by deleting <quotedContent> <toc> <referenceItem role="section"><designator>“3558.</designator> <label>Longevity step-increases”.</label></referenceItem> </toc> </quotedContent></content></subsection> </section> <section> <heading class="smallCaps centered">repeals</heading> <num value="719"><inline class="smallCaps">Sec</inline>. 719. </num> <content>Sections 101 through 105 of the Act of July 1, 1960 (74 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/296/298">74 Stat. 296–298</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/650">74 Stat. 650</ref>.</p></sidenote>Stat. 296, Public Law 86–568), and section 3558 of title 39, United States Code, are repealed.</content></section> <section> <heading class="smallCaps centered">effective dates</heading> <num value="720"><inline class="smallCaps">Sec</inline>. 720. </num> <content>Except as otherwise expressly provided in this title, the provisions of this title shall become effective on the first day of the first pay period which begins on or after the date of enactment of this Act, except that section 712 (conversion rules for second postal field service salary increases) shall become effective on the first day of the first pay period which begins on or after January 1, 1964.</content></section> 76 Stat. 859 <num value="IV"><inline class="smallCaps">Title IV</inline>—</num><heading class="inline"><inline class="smallCaps">Department of Medicine and Surgery in the Veterans’ Administration</inline></heading> <section class="firstIndent1 fontsize10"><num value="801"><inline class="smallCaps">Sec</inline>. 801. </num><subsection class="inline"><num value="a">(a) </num><content>Section 4103 of title 38 of the United States Code, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1243">72 Stat. 1243</ref>; <ref href="/us/stat/74/300">74 Stat. 300</ref>.</p></sidenote>relating to the appointment and annual salaries of the Chief Medical Director and certain other officers of the Department of Medicine and Surgery of the Veterans’ Administration, is amended by striking out the words “<quotedText>not to exceed eight Assistant Chief Medical Directors</quotedText>” in subsection (a) and inserting in lieu thereof the words “<quotedText>not to exceed five Assistant Chief Medical Directors, such Medical Directors as may be designated to suit the needs of the Department,</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><content>Such section is further amended by striking out subsections (d) to (i), inclusive, and inserting in lieu thereof the following: <quotedContent> <subsection class="indent0 fontsize10"><num value="d">“(d) </num><content><p class="inline">Each Assistant Chief Medical Director shall be appointed by the Administrator upon the recommendation of the Chief Medical Director and shall be paid a salary of $20,000 a year.</p> <p class="firstIndent1 fontsize10">“One Assistant Chief Medical Director shall be a qualified doctor of dental surgery or dental medicine who shall be directly responsible to the Chief Medical Director for the operations of the Dental Service.</p></content></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e) </num><content>Medical Directors, during their period of service as such, shall lie paid a salary of $18,500 minimum to $19,500 maximum a year.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f) </num><content><p class="inline">The Director of Nursing Service shall be a qualified registered nurse, appointed by the Administrator, and shall be responsible to the Chief Medical Director for the operation of the Nursing Service. During the period of service as such, the Director of Nursing Service shall be paid, effective on the first day of the first pay period beginning on or after—</p> <p class="indentUp1 fontsize10">“the date of enactment of the Federal Salary Reform Act of 1962, a salary of $14,565 minimum to $17,925 maximum a year; <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 841.</p></sidenote></p> <p class="indentUp1 fontsize10">“January 1, 1964, a salary of $15,665 minimum to $19,270 maximum a year.</p></content></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g) </num><content><p class="inline">The Administrator may appoint a chief pharmacist and a chief dietitian. During the period of his service as such, the chief pharmacist and the chief dietitian shall be paid, effective on the first day of the first pay period beginning on or after—</p> <p class="indentUp1 fontsize10">“the date of enactment of the Federal Salary Reform Act of 1962, a salary of $14,565 minimum to $17,925 maximum a year;</p> <p class="indentUp1 fontsize10">“January 1, 1964, a salary of $15,665 minimum to $19,270 maximum a year.</p></content></subsection> <subsection class="indent0 fontsize10"><num value="h">“(h) </num><content>Except as provided in subsection (j), any appointment under this section shall be for a period of four years but persons so appointed shall be subject to removal by the Administrator for cause.</content></subsection> <subsection class="indent0 fontsize10"><num value="i">“(i) </num><content>Reappointments may be made for successive like periods.</content></subsection> <subsection class="indent0 fontsize10"><num value="j">“(j) </num><content>The Administrator may designate a member of the Chaplain Service of the Veterans’ Administration as Director, Chaplain Service, for a period of two years, subject to removal by the Administrator for cause. During the period that any such member serves as Director, Chaplain Service, he shall be paid a salary, as determined by the Administrator, within the minimum and maximum salary limitations prescribed for grade GS–15 positions by the Classification Act of 1949, as amended. Redesignations under this subsection may be made <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 843.</p></sidenote>for successive like periods. An individual designated as Director, Chaplain Service, shall at the end of his period of service as Director revert to the position, grade, and status which he held immediately prior to being designated Director, Chaplain Service, and all service as Director, Chaplain Service, shall be creditable as service in the former position.”</content></subsection> </quotedContent></content></subsection> </section> <page identifier="/us/stat/76/860">76 <inline class="smallCaps">Stat</inline>. 860</page> <section> <heading class="smallCaps centered">physicians, dentists, and nurses</heading> <num value="802"><inline class="smallCaps">Sec</inline>. 802. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1245">72 Stat. 1245</ref>; <ref href="/us/stat/74/301">74 Stat. 301</ref>.</p></sidenote><content class="inline">Section 4107 of such title 38 relating to the minimum and maximum rates of annual salary of certain physicians, dentists, and nurses of the Department of Medicine and Surgery of the Veterans’ Administration is amended to read as follows: <quotedContent> <section><num value="4107">“§ 4107. </num><heading>Grades and pay scales</heading> <subsection class="indent0 fontsize10"><num value="a">“(a) </num><paragraph class="inline"><num value="1">(1) </num><chapeau>Effective on the first day of the first pay period beginning on or alter the date of enactment of the Federal Salary Reform Act <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 841.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1244">72 Stat. 1244</ref>.</p></sidenote>of 1962, the grades and per annum full-pay ranges for positions provided in paragraph (1) of section 4104 of this title shall he as follows:</chapeau> <level> <heading class="smallCaps centered">“physician and dentist schedule</heading> <content> <list> <listItem><listContent class="indent1 fontsize10 depth0">“Director grade, $16,000 minimum to $19,000 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Executive grade, $15,250 minimum to $18,750 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Chief grade, $14,565 minimum to $18,405 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Senior grade, $12,845 minimum to $16,245 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Intermediate grade, $11,150 minimum to $14,070 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Full grade, $9,475 minimum to $11,995 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Associate grade, $8,045 minimum to $10,165 maximum.</listContent></listItem> </list></content></level> <level> <heading class="smallCaps centered">“nurse schedule</heading> <content> <list> <listItem><listContent class="indent1 fontsize10 depth0">“Assistant Director grade, $12,845 minimum to $16,245 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Chief grade, $11,150 minimum to $14,070 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Senior grade, $9,475 minimum to $11,995 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Intermediate grade, $8,045 minimum to $10,165 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Full grade, $6,675 minimum to $8,700 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Associate grade, $5,820 minimum to $7,575 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Junior grade, $5,035 minimum to $6,565 maximum.</listContent></listItem> </list></content></level></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau>Effective on the first day of the first pay period beginning on or after January 1, 1964, the per annum full pay ranges for positions provided in paragraph (1) of section 4104 of this title shall be as follows:</chapeau> <level> <heading class="smallCaps centered">“physician and dentist schedule</heading> <content> <list> <listItem><listContent class="indent1 fontsize10 depth0">“Chief grade, $15,665 minimum to $19,785 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Senior grade, $13,615 minimum to $17,215 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Intermediate grade, $11,725 minimum to $14,805 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Full grade, $9,980 minimum to $12,620 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Associate grade, $8,410 minimum to $10,650 maximum.</listContent></listItem> </list> </content> </level> <level> <heading class="smallCaps centered">“nurse schedule</heading> <content> <list> <listItem><listContent class="indent1 fontsize10 depth0">“Assistant director grade, $13,615 minimum to $17,215 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Chief grade, $11,725 minimum to $14,805 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Senior grade, $9,980 minimum to $12,620 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Intermediate grade, $8,410 minimum to $10,650 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Full grade, $7,030 minimum to $9,100 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Associate grade, $6,090 minimum to $7,890 maximum.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0"></listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">“Junior grade, $5,235 minimum to $6,810 maximum.</listContent></listItem> </list></content></level> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>No person may hold the director grade unless he is serving as a director of a hospital, domiciliary, center, or outpatient clinic (independent). No person may hold the executive grade unless he holds the position of chief of staff at a hospital, center, or outpatient clinic (independent), or the position of clinic director at an outpatient clinic, or comparable position.”</content></subsection></section></quotedContent></content> </section> <section class="firstIndent1 fontsize10"><num value="803"><inline class="smallCaps">Sec</inline>. 803. </num><subsection class="inline"><num value="a">(a) </num><content><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1246">72 Stat. 1246</ref>.</p></sidenote>Section 4108 of such title 38 which formerly prescribed the maximum amount of pay and allowances for medical, surgical, <page identifier="/us/stat/76/861">76 <inline class="smallCaps">Stat</inline>. 861</page>or dental specialists of the Department of Medicine and Surgery of the Veterans’ Administration is amended, effective on the date of enactment of this Act, to read as follows: <quotedContent> <section> <num value="4108">“§ 4108. </num><heading>Administration</heading> <content>“Notwithstanding any law, Executive order, or regulation, the Administrator shall prescribe by regulation the hours and conditions of Employment and leaves of absence of physicians, dentists, and nurses.”.</content></section> </quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The table of contents of chapter 73 of such title 38 is amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s4101/4115">38 USC 4101–4115</ref>.</p></sidenote>by striking out <quotedContent> <toc> <referenceItem role="section"><designator>“4108.</designator> <label>Specialist ratings.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 firstIndent0 fontsize10">and inserting in lieu thereof</p> <quotedContent> <toc> <referenceItem role="section"><designator>“4108.</designator> <label>Administration.”</label></referenceItem> </toc> </quotedContent></content></subsection></section> <section> <heading class="smallCaps centered">directors of hospitals, domiciliaries, and centers</heading> <num value="804"><inline class="smallCaps">Sec</inline>. 804. </num> <content>Section 4111(b) of such title 38, relating to the annual <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1247">72 Stat. 1247</ref>.</p></sidenote>salary of certain individuals serving as director of a hospital, domiciliary, or center, is amended, effective on the date of enactment of this Act, to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num><content>Notwithstanding any other provision of law, the per annum salary rate of each individual serving as a director of a hospital, domiciliary, or center who is not a physician in the medical service shall not be less than the rate of salary which he would receive under section 4107 of this title if his service as a director of a hospital, <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 860.</p></sidenote>domiciliary, or center had been service as a physician in the director grade. This subsection shall not affect the allocation of any position of director of a hospital, domiciliary, or center to any grade of the General Schedule of the Classification Act of 1949, except with respect <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 843.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1113">5 USC 1113</ref>.</p></sidenote>to changes in rate of salary pursuant to the preceding sentence, and shall not affect the applicability of the Performance Rating Act of 1950 to any individual.” <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/1098">64 Stat. 1098</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s2001">5 USC 2001 note</ref>.</p><p class="firstIndent1 fontsize8">Effective date.</p></sidenote></content></subsection> </quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="805"><inline class="smallCaps">Sec</inline>. 805. </num> <content>Except as otherwise expressly provided in this title, this title shall become effective on the first day of the first pay period which begins on or after the date of enactment of this Act.</content> </section> <num value="V"><inline class="smallCaps">Title V</inline>—</num><heading class="inline"><inline class="smallCaps">Foreign Service Act of 1946</inline></heading> <section> <heading class="smallCaps centered">short title</heading> <num value="901"><inline class="smallCaps">Sec</inline>. 901. </num> <content>This title may be cited as the “<shortTitle role="title">Foreign Service Salary <sidenote><p class="firstIndent1 fontsize8">Foreign Service Salary Reform Act of 1962.</p></sidenote>Reform Act of 1962</shortTitle>”.</content> </section> <section> <heading class="smallCaps centered">foreign service officers</heading> <num value="902"><inline class="smallCaps">Sec</inline>. 902. </num> <content>The fourth sentence of section 412 of the Foreign Service Act of 1946, as amended (22 U.S.C. 867), is amended to read as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/1003">60 Stat. 1003</ref>; <ref href="/us/stat/72/211">72 Stat. 211</ref>.</p></sidenote>follows: <quotedContent> <p class="firstIndent1 fontsize10">“On the first day of the first pay period which begins on or after the date of enactment of the Foreign Service Salary Reform Act of 1962, the per annum salaries of Foreign Service officers within each of the other classes shall be as follows:</p> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-top:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">“Class 1</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$18,975</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$19,650</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">----------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">----------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">----------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">----------</td> <td style="text-align:left; vertical-align:top">----------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 2</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,900</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,400</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$16,900</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$17,400</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$17,900</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$18,400</td> <td style="text-align:right; vertical-align:top">$18,900</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 3</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,440</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,885</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,330</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,775</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,220</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,665</td> <td style="text-align:right; vertical-align:top">16,110</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,160</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,515</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,880</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,245</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,610</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,975</td> <td style="text-align:right; vertical-align:top">13,340</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 5</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,315</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,620</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,925</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,230</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,535</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,840</td> <td style="text-align:right; vertical-align:top">11,145</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 6</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,705</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,960</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,215</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,470</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,726</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,980</td> <td style="text-align:right; vertical-align:top">9,235</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 7</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,475</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,690</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,905</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,120</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,335</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,550</td> <td style="text-align:right; vertical-align:top">7,765</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 8</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,540</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,910</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,095</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,280</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,465</td> <td style="text-align:right; vertical-align:top">6,650</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> <page identifier="/us/stat/76/862">76 <inline class="smallCaps">Stat</inline>. 862</page> <p class="firstIndent1 fontsize10">“On the first day of the first pay period which begins on or after January 1, 1964, the per annum salaries of Foreign Service officers within each of the other classes shall be as follows:</p> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-top:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">“Class 1</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$18,975</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$19,650</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">----------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">----------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">----------</td> <td style="text-align:left; vertical-align:top; border-right:1px solid black">----------</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 2</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,900</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,400</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$16,900</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$17,400</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$17,900</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$18,400</td> <td style="text-align:right; vertical-align:top">$18,900</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 3</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,265</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,735</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,205</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">15,675</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,145</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">16,615</td> <td style="text-align:right; vertical-align:top">17,085</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,110</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,495</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,880</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,265</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,650</td> <td style="text-align:right; vertical-align:top">14,035</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 5</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,695</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,015</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,335</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,655</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10:975</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,295</td> <td style="text-align:right; vertical-align:top">11,615</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 6</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,090</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,355</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,620</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,885</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,150</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,415</td> <td style="text-align:right; vertical-align:top">9,680</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 7</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,810</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,035</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,260</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,485</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,710</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,935</td> <td style="text-align:right; vertical-align:top">8,160</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 8</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,795</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,990</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,185</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,380</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,575</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,770</td> <td style="text-align:right; vertical-align:top">6,965”.</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">foreign service staff officers and employees</heading> <num value="903"><inline class="smallCaps">Sec</inline>. 903. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/1003">60 Stat. 1003</ref>; <ref href="/us/stat/72/212">72 Stat. 212</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s870">22 USC 870</ref>.</p></sidenote><content class="inline">Section 415 of such Act is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"><num value="415"><inline class="smallCaps">“Sec</inline>. 415. </num><subsection class="inline"><num value="a">(a) </num><content><p class="inline">Effective on the first day of the first pay period which begins on or after the date of enactment of the Foreign Service Salary Reform Act of 1962, there shall be ten classes of Foreign Service staff officers and employees, referred to hereafter as staff officers and employees, and the per annum salaries of staff officers and employees within each class shall be as follows:</p> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-top:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">“Class 1</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$13,440</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$13,885</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$14,330</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$14,775</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$15,220</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$15,665</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$16,110</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$16,555</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$17,000</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 2</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,150</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,515</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,880</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,245</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,610</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,975</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,340</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,705</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,070</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 3</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,315</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,620</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,925</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,230</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,535</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,840</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,145</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,450</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,755</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,705</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,960</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,215</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,470</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,980</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,235</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,490</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,745</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 5</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,910</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,140</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,370</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,600</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,830</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,060</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,290</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,520</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,750</td> <td style="text-align:right; vertical-align:top">$8,980</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 6</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,225</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,435</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,645</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,855</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,065</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,275</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,485</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,695</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,905</td> <td style="text-align:right; vertical-align:top">8,115</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 7</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,610</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,800</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,990</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,180</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,370</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,560</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,750</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,940</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,130</td> <td style="text-align:right; vertical-align:top">7,320</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 8</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,060</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,230</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,400</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,570</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,740</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,910</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,080</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,250</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,420</td> <td style="text-align:right; vertical-align:top">6,590</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 9</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,575</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,875</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,025</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,175</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,325</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,475</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,625</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,775</td> <td style="text-align:right; vertical-align:top">5,930</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 10</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,110</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,250</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,390</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,530</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,670</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,825</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,980</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,135</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,290</td> <td style="text-align:right; vertical-align:top">5,445</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> <p class="firstIndent1 fontsize10">“On the first day of the first pay period which begins on or after January 1, 1964, the per annum salaries of staff officers and employees within each class shall be as follows:</p> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-top:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-top:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes">“Class 1</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$14,265</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$14,735</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$15,206</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$15,675</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$16,145</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$16,615</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$17,085</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$17,555</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">$18,025</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 2</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,725</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,110</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,495</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,880</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,265</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">13,650</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,035</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,420</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">14,805</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 3</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,695</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,015</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,335</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,655</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,975</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,295</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,615</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">11,935</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">12,255</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 4</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,090</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,355</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,620</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,885</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,150</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,415</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,680</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,945</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">10,210</td> <td style="text-align:left; vertical-align:top">--------</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 5</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,295</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,535</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,775</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,015</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,255</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,495</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,735</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,975</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">9,215</td> <td style="text-align:right; vertical-align:top">$9,455</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 6</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,570</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,785</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,000</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,215</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,430</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,645</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,860</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,075</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">8,290</td> <td style="text-align:right; vertical-align:top">8,606</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 7</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,890</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,085</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,280</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,475</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,670</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,865</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,060</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,255</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">7,450</td> <td style="text-align:right; vertical-align:top">7,645</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 8</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,270</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,445</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,620</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,795</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,970</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,145</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,320</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,495</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">6,670</td> <td style="text-align:right; vertical-align:top">6,845</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 9</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,715</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,870</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,025</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,180</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,335</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,490</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,645</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,800</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,955</td> <td style="text-align:right; vertical-align:top">6,110</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black" leaders="yes"> Class 10</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,215</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,355</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,495</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,635</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,775</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">4,915</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,060</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,215</td> <td style="text-align:right; vertical-align:top; border-right:1px solid black">5,370</td> <td style="text-align:right; vertical-align:top">5,525</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <content>Notwithstanding the provisions of subsection (a) of this section, the Secretary may, under such regulations as he may prescribe, classify positions at levels below class 10, and establish salary rates therefor at lower rates than those prescribed by this section, for American employees recruited abroad who are not available or are not qualified for transfer to another post and who perform duties of a more routine nature than are generally performed at the class 10 level.”</content></subsection></section> </quotedContent></content></section> <section> <heading class="smallCaps centered">conversion</heading> <num value="904"><inline class="smallCaps">Sec</inline>. 904. </num> <content>Foreign Service officers, Reserve officers, and Foreign Service staff officers and employees who are entitled to receive basic compensation immediately prior to the effective date of this title at one of the rates provided by section 412 or 415 of the Foreign Service <sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote>Act of 1946, shall receive basic compensation on and after the effective date of this title at the rate of their class determined to be appropriate <page identifier="/us/stat/76/863">76 <inline class="smallCaps">Stat</inline>. 863</page>by the Secretary of State: <proviso><i>Provided</i>, That staff officers and employees shall be transferred to the new staff classes established by this Act as follows:</proviso> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">Present claim under section 413 of the Foreign Service Act of 1946</th> <th style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:1em">Corresponding new class under section 415 of the Foreign Service Act of 1946, as amended</th> </tr> </thead> <tfoot> <tr> <td colspan="2" style="text-align:justify; font-size:8pt"><footnote xmlns="http://schemas.gpo.gov/xml/uslm" id="fn010863"><sup>1</sup> Remain at present class and salary rate until revised pursuant to new section 415(b).</footnote></td> </tr> </tfoot> <tbody> <tr> <td style="text-align:left" leaders="yes">FSS– 1</td> <td style="text-align:left; vertical-align:top">FSS– 1</td> </tr> <tr> <td style="text-align:left" leaders="yes">FSS– 2</td> <td style="text-align:left; vertical-align:top">FSS– 1</td> </tr> <tr> <td style="text-align:left" leaders="yes">FSS– 3</td> <td style="text-align:left; vertical-align:top">FSS– 2</td> </tr> <tr> <td style="text-align:left" leaders="yes">FSS– 4</td> <td style="text-align:left; vertical-align:top">FSS– 2</td> </tr> <tr> <td style="text-align:left" leaders="yes">ESS– 5</td> <td style="text-align:left; vertical-align:top">FSS– 3</td> </tr> <tr> <td style="text-align:left" leaders="yes">FSS– 6</td> <td style="text-align:left; vertical-align:top">FSS– 3</td> </tr> <tr> <td style="text-align:left" leaders="yes">FSS– 7</td> <td style="text-align:left; vertical-align:top">FSS– 4</td> </tr> <tr> <td style="text-align:left" leaders="yes">FSS– 8</td> <td style="text-align:left; vertical-align:top">FSS– 5</td> </tr> <tr> <td style="text-align:left" leaders="yes">FSS– 9</td> <td style="text-align:left; vertical-align:top">FSS– 6</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">FSS–10</td> <td style="text-align:left; vertical-align:top">FSS– 7</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">FSS–11</td> <td style="text-align:left; vertical-align:top">FSS– 8</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">FSS–12</td> <td style="text-align:left; vertical-align:top">FSS– 9</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">FSS–13</td> <td style="text-align:left; vertical-align:top">FSS–10</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">FSS–14 and below</td> <td style="text-align:left"> (<ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn010863"><sup>1</sup></ref>)</td> </tr> </tbody> </table> </content> </section> <section> <heading class="smallCaps centered">conforming amendments</heading> <num value="905"><inline class="smallCaps">Sec</inline>. 905. </num> <content>The heading of section 642 of the Foreign Service Act of 1946 is amended by deleting the words “<quotedText>and longevity</quotedText>” and section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/837">74 Stat. 837</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1017">22 USC 1017</ref>.</p></sidenote>642 is amended by deleting “<quotedText>(a)</quotedText>” in the first paragraph and by deleting subsection (b) in its entirety.</content></section> <section> <heading class="smallCaps centered">effective date</heading> <num value="906"><inline class="smallCaps">Sec</inline>. 906. </num> <content>Except as otherwise expressly provided in this title, this title shall become effective on the first day of the first pay period which begins on or after the date of enactment of this Act.</content> </section> <num value="VI"><inline class="smallCaps">Title VI</inline>—</num><heading class="inline"><inline class="smallCaps">Miscellaneous Salary Provisions</inline></heading> <section> <heading class="smallCaps centered">revision of salary limitations for certain scientific and professional positions</heading> <num value="1001"><inline class="smallCaps">Sec</inline>. 1001. </num><subsection class="inline"><num value="a">(a) </num><paragraph class="inline"><num value="1">(1) </num><content>Section 2(b) of the Act of August 1, 1947 (Public Law 313, Eightieth Congress, as amended (75 Stat. 789; 5 U.S.C. 1161–1163)), relating to the rates of compensation of certain scientific or professional positions, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num><content>The per annum rates of compensation for positions established pursuant to the provisions of this Act shall not be less than the minimum rate of grade 16 of the General Schedule of the Classification Act of 1949, as amended, nor more than the highest rate of grade 18 of the <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 843.</p></sidenote>General Schedule of such Act and shall be subject to the approval of the United States Civil Service Commission.”.</content></subsection> </quotedContent></content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The first section of such Act is amended by adding at the end thereof the following new subsection: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/789">75 Stat. 789</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1161">5 USC 1161</ref>.</p></sidenote> <quotedContent> <subsection class="indent0 fontsize10"><num value="g">“(g) </num><content>the Librarian of Congress is authorized to establish and fix the compensation for not more than eight scientific or professional positions in the Library of Congress, each such position being established to carry out research and development functions of the Library which require the services of specially qualified personnel. Section 2(a) shall not apply to positions established under this subsection.”</content></subsection> </quotedContent></content></paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><content>Section 1581 (b) of title 10 of the United States Code, relating <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70A/118">70A Stat. 118</ref>.</p></sidenote>to the rates of compensation of certain scientific or professional positions in the Department of Defense, is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num><content>Subject to the Civil Service Commission’s approval as to rates, the Secretary may fix the compensation for positions established under <page identifier="/us/stat/76/864">76 <inline class="smallCaps">Stat</inline>. 864</page>subsection (a). However, the per annum compensation may not be less than the minimum rate of grade 16 of the General Schedule of <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 843.</p></sidenote>the Classification Act of 1949, as amended, nor more than the highest rate of grade 18 of the General Schedule of such Act.”.</content></subsection> </quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><content>Section 4 of the Act of May 29, 1959 (73 Stat. 63; Public Law <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s402">50 USC 402 note</ref>.</p></sidenote>86–36), as amended by section 204 of the Act of October 4, 1961 (75 Stat. 791; Public Law 87–367), authorizing scientific and professional positions in the National Security Agency, is amended by striking out “<quotedText>, as amended by paragraph (34) (B) of the first section of the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s1581">10 USC 1581</ref>.</p></sidenote>September 2, 1958 (72 Stat. 1456; Public Law 85–861)</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num><content>The proviso contained in the first sentence of section 208(g) <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/447">64 Stat. 447</ref>.</p></sidenote>of the Public Health Service Act, as amended (42 U.S.C. 210(g)), relating to the rates of compensation of certain scientific, professional, and administrative personnel in the Public Health Service, is amended to read as follows: <proviso><i>Provided</i>, That the rates of compensation for positions established pursuant to the provisions of this subsection shall not be less than the minimum rate of grade 16 of the General Schedule <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 843.</p></sidenote>of the Classification Act of 1949, as amended, nor more than the highest rate of grade 18 of the General Schedule of such Act, and shall be subject to the approval of the Civil Service Commission.”.</proviso></content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num><content>The proviso contained in the second sentence of section 12 of the Act of May 29, 1884 (62 Stat. 198 as amended and supplemented; 21 U.S.C. 113a), authorizing the Secretary of Agriculture to employ and fix the compensation of technical experts and scientists for research and study of foot-and-mouth disease and other animal diseases, is amended to read as follows: “<quotedText>: <proviso><i>Provided</i>, That the number so employed shall not exceed five and that the maximum compensation for each shall not exceed the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended.</proviso></quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num><content>Section 203(b) (2) of the National Aeronautics and Space Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/791">75 Stat. 791</ref>.</p></sidenote>of 1958 (72 Stat. 429; 42 U.S.C. 2473(b) (2)), as amended, authorizing the Administrator of the National Aeronautics and Space Administration to establish and fix the compensation of four hundred and twenty-five scientific, engineering, and administrative positions, is amended by striking out, in the second sentence, “<quotedText>, except that (A) to the extent the Administrator deems such action necessary to the discharge of his responsibilities, he may appoint and fix the compensation (up to a limit of $19,000 a year, or up to a limit of $21,000 a year for a maximum of thirty positions) of</quotedText>” and by inserting in lieu thereof “<quotedText>, except that (A) to the extent the Administrator deems such action necessary to the discharge of his responsibilities, he may appoint and fix the compensation (at not to exceed the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended, or, for a maximum of thirty positions, not to exceed $21,000 a year) of</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num><content>That part of the proviso in section 161d. of the Atomic Energy <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/948">68 Stat. 948</ref>.</p></sidenote>Act of 1954, as amended (71 Stat. 613; 42 U.S.C. 2201), fixing a limit of $19,000 on the compensation of scientific and technical personnel, is amended by striking out the words “<quotedText>up to a limit of $19,000)</quotedText>” and inserting in lieu thereof “<quotedText>up to a limit of the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended)</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num><content>Section 302(f) of the Federal Aviation Act of 1958 (72 Stat. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/791">75 Stat. 791</ref>.</p></sidenote>746: 49 U.S.C. 1343(d)), as amended, authorizing the Administrator of the Federal Aviation Agency to select, employ, and fix the compensation of 23 positions at rates not to exceed $19,500 per annum, is amended by striking out “<quotedText>$19,500 per annum</quotedText>” and inserting in lieu thereof “<quotedText>the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended</quotedText>”.</content></subsection> <page identifier="/us/stat/76/865">76 <inline class="smallCaps">Stat</inline>. 865</page> <subsection class="indent0 fontsize10"><num value="i">(i) </num><content>Section 2 of the Act of June 14, 1948, as amended (62 Stat. 441; 66 Stat. 43; 22 U.S.C. 290a), relating to the compensation of the United States representative and alternate on the Executive Board of the World Health Organization, is amended by striking out “<quotedText>Such representative shall be entitled to receive compensation at a rate not to exceed $12,000 per annum and any such alternate shall be entitled to receive compensation at a rate not to exceed $10,000 per annum</quotedText>”, and inserting in lieu thereof “<quotedText>Such representative and any such alternate shall each be entitled to receive compensation at one of the rates provided by section 412 of the Foreign Service Act of 1946, as amended,</quotedText>”. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 861</p></sidenote></content></subsection> <subsection class="indent0 fontsize10"><num value="j">(j) </num><content>Section 104(b) of the Mutual Educational and Cultural Exchange Act of 1961 (75 Stat. 530; Public Law 87–256) authorizing <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2454">22 USC 2454</ref>.</p></sidenote>the fixing of the compensation of not to exceed ten employees without regard to the Classification Act of 1949, is amended to read as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/954">63 Stat. 954</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1071">5 USC 1071 note</ref>.</p></sidenote>follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num><content>The President is authorized to employ such other personnel as he deems necessary to carry out the provisions and purposes of this Act, and of such personnel not to exceed ten may be compensated without regard to the provisions of the Classification Act of 1949, as amended, but not in excess of the highest rate of grade 18 of the general schedule established by such Act. Such positions shall lie in addition to the number authorized by section 505 of the Classification Act of 1949, as amended.” <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1101">5 USC 1101</ref>.</p></sidenote></content></subsection> </quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="k">(k) </num><paragraph class="inline"><num value="1">(1) </num><content>Section 625(b) of the Foreign Assistance Act of 1961 (75 Stat. 449; Public Law 87–195), as amended, is amended by striking <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2385">22 USC 2385</ref>.</p></sidenote>out “<quotedText>and of these, not to exceed eight may be compensated at a rate in excess of the highest rate provided for grades of such general schedule but not in excess of $19,000 per year</quotedText>” and inserting in lieu thereof “<quotedText>but not in excess of the highest rate of grade 18 of such general schedule</quotedText>”.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 625(c) of such Act is amended by striking out “<quotedText>and of these, not to exceed three may be compensated at a rate in excess of the highest rate provided for grades of such general schedule but not in excess of $19,000 per year</quotedText>” and inserting in lieu thereof “<quotedText>but not in excess of the highest rate of grade 18 of such general schedule</quotedText>”.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="l">(l) </num><content>Section 7(b) of the Peace Corps Act (75 Stat. 615; Public Law 87–293) is amended by striking out “<quotedText>and of these not to exceed two <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2506">22 USC 2506</ref>.</p></sidenote>may be compensated at a rate in excess of the highest rate provided for grades of such general schedule but not in excess of $19,000 per year</quotedText>” and inserting in lieu thereof “<quotedText>but not in excess of the highest rate of grade 18 of such general schedule</quotedText>”.</content></subsection> </section> <section> <heading class="smallCaps centered">agricultural stabilization and conservation county committee employees</heading> <num value="1002"><inline class="smallCaps">Sec</inline>. 1002. </num> <content>The rates of compensation of persons employed by the county committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) shall be increased by amounts equal, as nearly as may be practicable, to the increases provided by title II of this part for corresponding rates <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 843.</p></sidenote>of compensation in the appropriate schedule or scale of pay.</content> </section> <section> <heading class="smallCaps centered">assistant united states attorneys</heading> <num value="1003"><inline class="smallCaps">Sec</inline>. 1003. </num><subsection class="inline"><num value="a">(a) </num><content>The last paragraph of section 508 of title 28 of the United States Code is amended to read as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/10">69 Stat. 10</ref>.</p></sidenote> <quotedContent> <p class="firstIndent1 fontsize10">“Assistant United States attorneys and attorneys appointed under section 503 of this title—not more than $17,500.”</p> </quotedContent></content></subsection> <page identifier="/us/stat/76/866">76 <inline class="smallCaps">Stat</inline>. 866</page> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed by section 508 of title 28, United States Code, shall be increased by 7½ per centum effective on the first day of the first pay period which begins on or after the date of enactment of this Act.</content></subsection> </section> <section> <heading class="smallCaps centered">employees in the judicial branch</heading> <num value="1004"><inline class="smallCaps">Sec</inline>. 1004. </num><subsection class="inline"><num value="a">(a) </num><content>The rates of basic compensation of officers and employees in or under the judicial branch of the Government whose rates of compensation are fixed by or pursuant to paragraph (2) of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/329">60 Stat. 329</ref>.</p></sidenote>subdivision a of section 62 of the Bankruptcy Act (11 U.S.C. 102(a) (2)), section 3656 of title 18 of the United States Code, the third sentence of section 603, section 604(a)(5), or section 672 to 675 inclusive, of title 28 of the United States Code or section 107(a) (6) <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/739">70 Stat. 739</ref>.</p></sidenote>of the Act of July 31, 1956, as amended (5 U.S.C. 2206(a) (6)), are hereby increased by two amounts, the first amount to be effective for the period beginning as of the first day of the first pay period which begins on or after the date of enactment of this Act, and ending immediately prior to the first day of the first pay period which begins on or after January 1, 1964, and the second amount to be effective on the first day of the first pay period which begins on or after January 1, 1964, and thereafter, which reflect the respective applicable <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 643.</p></sidenote>increases provided by title II of this part in corresponding rates of compensation for officers and employees subject to the Classification <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/934">63 Stat. 934</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1091">5 USC 1091 note</ref>.</p> </sidenote>Act of 1949, as amended.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The limitations provided by applicable law on the effective date of this section with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges are hereby increased by two amounts, the first amount to be effective for the period beginning as of the first day of the first pay period which begins on or after the date of enactment of this Act, and ending immediately prior to the first day of the first pay period which begins on or after January 1, 1964, and the second amount to be effective on the first day of the first pay period which begins on or after January 1, 1964, and thereafter, which reflect the respective applicable increases provided by title II of this part in corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/922">62 Stat. 922</ref>; <ref href="/us/stat/74/303">74 Stat. 303</ref>.</p></sidenote><content class="inline">Section 753(e) of title 28 of the United States Code (relating to the compensation of court reporters for district courts) is amended by striking out the existing salary limitation contained therein and inserting a new limitation to be effective for the period beginning as of the first day of the first pay period which begins on or after the date of enactment of this Act, and ending immediately prior to the first day of the first pay period which begins on Or after January 1, 1964, and a second new limitation effective on the first day of the first pay period which begins on or after January 1, 1964, and thereafter, which reflect the respective applicable increases provided by title II of this part in corresponding rates of compensation for officers and employees subject to the Classification Act of 1949, as amended.</content></subsection> </section> <section> <heading class="smallCaps centered">employees in the legislative branch</heading> <num value="1005"><inline class="smallCaps">Sec</inline>. 1005. </num><subsection class="inline"><num value="a">(a) </num><content>Each officer and employee in or under the legislative branch of the Government whose rate of compensation is increased by section 5 of the Federal Employees Pay Act of 1946 shall be paid additional compensation at the rate of 7 per centum of his <page identifier="/us/stat/76/867">76 <inline class="smallCaps">Stat</inline>. 867</page>gross rate of compensation (basic compensation plus additional compensation authorized by law).</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The basic compensation of each employee in the office of a Senator is hereby adjusted, effective on October 16, 1962, to the lowest multiple of $60 which will provide a gross rate of compensation not less than the gross rate such employee was receiving immediately prior thereto, except that the foregoing provisions of this subsection shall not apply in the case of any employee if on or before the fifteenth day following the date of enactment of this Act the Senator by whom such employee is employed notifies the disbursing office of the Senate in writing that he does not wish such provisions to apply to such employee. In any case in which, at the expiration of the time within which a Senator may give notice under this subsection, such Senator is deceased such notice shall be deemed to have been given.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Notwithstanding the provision referred to in subsection (d), the rates of gross compensation of the elected officers of the Senate (except the Presiding Officer of the Senate), the Legislative Counsel of the Senate, the Official Reporters of Debates of the Senate, the Parliamentarian of the Senate, the Senior Counsel in the Office of the Legislative Counsel of the Senate, and the Chief Clerk of the Senate are hereby increased by 7 per centum.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>The paragraph imposing limitations on basic and gross compensation or officers and employees of the Senate appearing under the heading “SENATE” in the Legislative Appropriation Act, 1956, as amended (74 Stat. 304; Public Law 86–568), is amended to read as follows: <quotedContent> <p class="firstIndent1 fontsize10">“No officer or employee whose compensation is disbursed by the Secretary of the Senate shall be paid basic compensation at a rate in excess of $8,880 per annum, or gross compensation at a rate in excess of $18,880 per annum, unless expressly authorized by law.”</p> </quotedContent></content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>The limitation on gross rate per hour per person provided by applicable law on the effective date of this section with respect to the folding of speeches and pamphlets for the Senate is hereby increased by 7 per centum. The amount of such increase shall be computed to the nearest cent, counting one-half cent and over as a whole cent. The provisions of subsection (a) of this section shall not apply to employees whose compensation is subject to such limitation.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>Each officer or employee of the House of Representatives, whose compensation is disbursed by the Clerk of the House of Representatives and is not increased automatically, or is not permitted to be increased administratively, by reason of any other provision of this section, shall receive additional compensation at the rate of 7 per centum of the rate of his total annual compensation in effect immediately prior to the effective date of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <content>The limitations on gross rate per thousand and gross rate per hour per person provided by applicable law on the effective date of this section with respect to the folding of speeches and pamphlets for the House of Representatives are hereby increased by 7 per centum. The amount of each such increase shall be computed to the nearest cent, counting one-half cent and over as a whole cent.</content> </subsection> <subsection class="indent0 fontsize10"><num value="h">(h) </num> <content>The additional compensation provided by this section shall be considered a part of basic compensation for the purposes of the Civil Service Retirement Act (5 Ù.S.C. 2251 and the following). <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/743">70 Stat. 743</ref>.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"><num value="i">(i) </num> <content>Notwithstanding any other provision of this section, no rate of compensation which exceeds $21,500 shall be increased by this section, and no increase provided by this section shall cause the gross rate of compensation (basic plus additional compensation authorized by law) or the total annual compensation of any officer or employee to exceed $21,500.</content></subsection> <page identifier="/us/stat/76/868">76 <inline class="smallCaps">Stat</inline>. 868</page> <subsection class="indent0 fontsize10"><num value="j">(j) </num> <content>Insofar as the provisions of this section apply to officers and employees whose compensation is based on a monthly pay period which begins on the first day of the month, such provisions shall become effective on October 16, 1962.</content></subsection> </section> <section> <heading class="smallCaps centered">saving provision</heading> <num value="1006"><inline class="smallCaps">Sec</inline>. 1006. </num> <content>Notwithstanding any provision of this Act, no rate of basic, gross, or total annual compensation or salary shall be reduced by reason of the enactment of this Act.</content> </section> <section> <heading class="smallCaps centered">absorption of costs</heading> <num value="1007"><inline class="smallCaps">Sec</inline>. 1007. </num><subsection class="inline"><num value="a">(a) </num><content>The departments, agencies, establishments, and corporations in the executive branch shall absorb the costs of the increases in basic compensation provided by this Act to the fullest extent possible without seriously affecting the immediate execution of essential functions.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>No request for additional or supplemental appropriations to meet the increases in basic compensation provided by this Act shall be transmitted to the Congress unless it is accompanied by a certification of the Director of the Bureau of the Budget that the amounts requested are necessary to provide for the continued execution of essential functions of the department, agency, or corporation concerned.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Pursuant to the objective of this section, heads of the executive branch activities concerned are directed to review with meticulous care each vacancy resulting from voluntary resignation, retirement, or death and to determine whether the duties of the position can be reassigned to other employees or whether the position can be abolished without seriously affecting the execution of essential functions.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Nothing contained in subsection (a) of this section shall be held or considered to require (1) the separation from the service of any individual by reduction in force or other personnel action or (2) the placing of any individual in a leave-without-pay status.</content></subsection> </section> <section> <heading class="smallCaps centered">effective date</heading> <num value="1008"><inline class="smallCaps">Sec</inline>. 1008. </num> <content>Except as otherwise expressly provided, this title shall become effective on the first day of the first pay period which begins on or after the date of enactment of this Act.</content> </section> <section> <heading class="smallCaps centered">ceiling provision</heading> <num value="1009"><inline class="smallCaps">Sec</inline>. 1009. </num> <content>Except as provided in section 1005, no rate of compensation which exceeds $20,000 per annum shall be increased or established by or pursuant to this Act and no increase made by or pursuant to this Act shall cause any rate of compensation to exceed $20,000 per annum.</content></section> PART III—ADJUSTMENT OF ANNUITIES
Sec. 1101. (a) The annuity of each person who, on the effective date of this section, is receiving or entitled to receive an annuity from the civil service retirement and disability fund shall be increased by 5 per centum of the amount of such annuity. (b) The annuity of each person who receives or is entitled to receive an annuity from the civil service retirement and disability fund commencing during the period which begins on the day following the effective date of this section and ends five years after such date, shall be increased in accordance with the following table: 76 Stat. 869
If the annuity commences between— The annuity shall be increased by—
  January 2, 1963, and December 31, 1963 4 per centum
  January 1, 1964, and December 31, 1964 3 per centum
  January 1, 1965, and December 31, 1965 2 per centum
  January 1, 1966, and December 31, 1966 1 per centum
(c) In lieu of any other increase provided by this section, the annuity of a survivor of a retired employee or Member of Congress who received an increase under this section shall be increased by a percentage equal to the percentage by which the annuity of such employee or Member was so increased. (d) No increase provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions. (e) The limitation reading “or (3) the sum necessary to increase such annuity, exclusive of annuity purchased by voluntary contributions under the second paragraph or section 10 of this Act, to $2,160” contained in section 8(c) (1) or the Civil Service Retirement Act of May 29, 1930, as amended by the Acts of July 16, 1952 (66 Stat. 722; Public Law 555, Eighty-second Congress), and August 31, 1954 (68 Stat. 1043; Public Law 747, Eighty-third Congress), shall not be

5 USC 736c.

effective on or after the effective date of this section. (f) The limitation contained in the next to the last sentence of section 8(d) (1) of the Civil Service Retirement Act of May 29, 1930, as amended, as enacted by the Act of August 11, 1955 (69 Stat. 692; Public Law 369, Eighty-fourth Congress), shall not be effective on

5 USC 736c.

and after the effective date of this section. (g) The increases provided by this section shall take effect on the effective date of this section, except that any increase under subsection (b) or (c) shall take effect on the beginning date of the annuity. (h) The monthly installment of annuity after adjustment under this section shall be fixed at the nearest dollar.
Sec. 1102. (a) Section 1 of the Civil Service Retirement Act is

70 Stat. 743.

5 USC 2251.

amended by adding at the end thereof the following new subsection: “(t) The term ‘price index’ shall mean the annual average over a calendar year of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics.” (b) Such Act is further amended by redesignating section 18 as 19,

5 USC 2251 note.

and by inserting after section 17 the following new section:
“cost-of-living adjustment of annuities “Sec. 18. (a) After January 1, 1964, and after each succeeding January 1, the Commission shall determine the per centum change in the price index from the later of 1962 or the year preceding the most recent cost-of-living adjustment to the latest complete year. On the basis of such Commission determination, the following adjustments shall be made: “(1) Effective April 1, 1964, if the change in the price index from 1962 to 1963 shall have equaled a rise of at least 3 per centum, each annuity payable from the fund which has a commencing date earlier than January 2, 1963, shall be increased by the per centum rise in the price index adjusted to the nearest one-tenth of 1 per centum. “(2) Effective April 1 of any year other than 1964 after the price index change shall have equaled a rise of at least 3 per centum, each annuity payable from the fund which has a commencing date earlier than January 2 of the preceding year shall be increased by the per centum rise in the price index adjusted to the nearest one-tenth of 1 per centum. 76 Stat. 870 “(b) Eligibility for an annuity increase under this section shall be governed by the commencing date of each annuity payable from the fund as of the effective date of an increase, except as follows: “(1) Effective from the date of the first increase under this section, an annuity payable from the fund ‘to an annuitant’s survivor

70 Stat. 754.

5 USC 2260.

(other than a child entitled under section 10(d)), which annuity commenced the day after the annuitant’s death, shall be increased as provided in subsection (a) (1) or (a) (2) if the commencing date of annuity to the annuitant was earlier than January 2 of the year preceding the first increase. “(2) Effective from its commencing date, an annuity payable from the fund to an annuitant’s survivor (other than a child entitled under section 10(d)), which annuity commences the day after the annuitant’s death and after the effective date of the first increase under this section, shall be increased by the total per centum increase the annuitant was receiving under this section at death. “(3) For purposes of computing an annuity which commences after the effective date of the first increase under this section to a child under section 10(d), the items $600, $720, $1,800, and $2,160 appearing in section 10(d) shall be increased by the total per centum increase allowed and in force under this section, and, m case of a deceased annuitant, the items 40 per centum and 50 per centum appearing in section 10(d) shall be increased by the total per centum increase allowed and in force under this section to the annuitant at death. Effective from the date of the first increase under this section, the provisions of this paragraph shall apply as if such first increase were in effect with respect to computation of a child’s annuity under section 10(d) which commenced between January 2 of the year preceding the first increase and the effective date of the first increase. “(c) No increase in annuity provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions. “(d) The monthly installment of annuity after adjustment under this section shall be fixed at the nearest dollar.”
Sec. 1103. (a)

5 USC 2259.

Section 9(g) of the Civil Service Retirement Act is amended to read as follows: “(g) The annuity as hereinbefore provided (excluding any increase

5 USC 2257.

because of retirement under section 7) for any married employee or Member retiring under this Act, or any portion of such annuity

Infra.

designated in writing for purposes of section 10(a)(1), shall Ge reduced by 2½ per centum of so much thereof as does not exceed $3,600 and by 10 per centum of so much thereof as exceeds $3,600, unless the employee or Member notifies the Commission in writing at the time of retirement that he does not desire his wife or husband to receive an annuity as provided in section 10(a)(1).” (b)

5 USC 2260.

Section 10(a) (1) of such Act is amended to read as follows: “(1) If an employee or Member dies after having retired under any provision of this Act and is survived by a wife or husband to whom the employee or Member was married at the time of retirement, such wife or husband shall be paid an annuity equal to 55 per centum of an annuity computed as provided in subsections (a), (b),

5 USC 2259.

(c), (d), (e), and (f) of section 9, as may apply with respect to the annuitant, or of such portion thereof as may have been designated in writing for such purpose by the employee or Member at the time of retirement, unless the employee or Member has notified the Commission in writing at the time of retirement that he does not desire his wife or husband to receive such annuity.” 76 Stat. 871 (c) Section 10(b) of such Act is amended by striking out “50 per centum” and inserting in lieu thereof “55 per centum”. (d) Section 10(c) of such Act is amended by striking out “50 per centum” and inserting in lieu thereof “55 per centum”. (e) Section 10(e) of such Act is amended by striking out “50 per centum” and inserting in lieu thereof “55 per centum”. (f) (A) Section 1 (j) of the Civil Service Retirement Act is amended

5 USC 2251.

by substituting a comma for the period at the end thereof and adding the following: “or such unmarried child between eighteen and twenty-one years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. A child whose twenty-first birthday occurs prior to July 1 or after August 31 of any calendar year, and while he is regularly pursuing such a course of study or training, shall be deemed for the purposes of this paragraph and section 10(d) to have attained the age of twenty-one on the first day of

5 USC 2260.

July following such birthday. A child who is a student shall not be deemed to have ceased to be a student during any interim between school years if the interim does not exceed four months and if he shows to the satisfaction of the Commission that he has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately following the interim.” (B) The third sentence of section 10(d) of the Act is amended to read as follows: “The child’s annuity shall commence on the day after the employee or Member dies, and such annuity granted under this Act or under the Act of May 29, 1930, as amended from and after

5 USC 2251 note.

February 28, 1948, or any right thereto shall terminate on the last day of the month before (1) his attaining age eighteen unless incapable of self-support, (2) his becoming capable of self-support after age eighteen, (3) his marriage, or (4) his death, except that the annuity of a child who is a student as described in section 1 (j) shall terminate on the last day of the month before (1) his marriage, (2) his death, (3) his ceasing to be such a student, or (4) his attaining age twenty-one.”
Sec. 1104. Section 1101 of this part shall take effect on January 1,

Effective date.

1963. The amendments made by section 1103 (except subsection (f)) shall not apply in the case of employees or Members retired or otherwise separated prior to the date of enactment of this Act, and the rights of such persons and their survivors shall continue in the same manner and to the same extent as if these amendments had not been enacted.
 Approved October 11, 1962, 9:30 a.m.
Public Law 87–794: To promote the general welfare, foreign policy, and security of the United States through international trade agreements and through adjustment assistance to domestic industry, agriculture, and labor, and for other purposes. Public Law 794 Public Law 87–794 76 Stat. 872 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 872 Public Law 87–794
AN ACT To promote the general welfare, foreign policy, and security of the United States through international trade agreements and through adjustment assistance to domestic industry, agriculture, and labor, and for other purposes.

October 11, 1962

[H. R. 11970]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <num value="I">TITLE I—</num><heading class="inline">SHORT TITLE AND PURPOSES<sidenote><p class="firstIndent1 fontsize8">Trade Expansion Act of 1962.</p></sidenote></heading> <section> <num value="101">SEC. 101. </num> <heading>SHORT TITLE.</heading> <content>This Act may be cited as the “<shortTitle role="act">Trade Expansion Act of 1962</shortTitle>”.</content> </section> <section> <num value="102">SEC. 102. </num> <heading>STATEMENT OF PURPOSES.</heading> <chapeau>The purposes of this Act are, through trade agreements affording mutual trade benefits—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to stimulate the economic growth of the United States and maintain and enlarge foreign markets for the products of United States agriculture, industry, mining, and commerce;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to strengthen economic relations with foreign countries through the development of open and nondiscriminatory trading in the free world; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to prevent Communist economic penetration.</content> </paragraph> </section> <num value="II">TITLE II—</num><heading class="inline">TRADE AGREEMENTS</heading> <chapter><num value="1">CHAPTER 1—</num><heading class="inline">GENERAL AUTHORITY</heading> <section> <num value="201">SEC. 201. </num> <heading>BASIC AUTHORITY FOR TRADE AGREEMENTS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <chapeau>Whenever the President determines that any existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that any of the purposes stated in section 102 will be promoted thereby, the President may—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>after June 30, 1962, and before July 1, 1967, enter into trade agreements with foreign countries or instrumentalities thereof; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>proclaim such modification or continuance of any existing duty or other import restriction, such continuance of existing duty-free or excise treatment, or such additional import restrictions, as he determines to be required or appropriate to carry out any such trade agreement.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>Except as otherwise provided in this title, no proclamation pursuant to subsection (a) shall be made—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>decreasing any rate of duty to a rate below 50 percent of the rate existing on July 1, 1962; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>increasing any rate of duty to (or imposing) a rate more than 50 percent above the rate existing on July 1, 1934.</content> </paragraph> </subsection> </section> <section> <num value="202">SEC. 202. </num> <heading>LOW-RATE ARTICLES.</heading> <content>Section 201(b) (1) shall not apply in the case of any article for which the rate of duty existing on July 1, 1962, is not more than 5 percent ad valorem (or ad valorem equivalent). In the case of an article subject to more than one rate or duty, the preceding sentence shall be applied by taking into account the aggregate of such rates.</content></section></chapter> <page identifier="/us/stat/76/873">76 <inline class="smallCaps">Stat</inline>. 873</page> <chapter><num value="2">CHAPTER 2—</num><heading class="inline">SPECIAL PROVISIONS CONCERNING EUROPEAN ECONOMIC COMMUNITY</heading> <section><num value="211">SEC. 211. </num><heading>IN GENERAL.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>In the case of any trade agreement with the European Economic Community, section 201 (b)(1) shall not apply to articles in any category if, before entering into such trade agreement, the President determines with respect to such category that the United States and all countries of the European Economic Community together accounted for 80 percent or more of the aggregated world export value of all the articles in such category.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>For purposes of subsection (a)—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>As soon as practicable after the date of the enactment of this Act, the President shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>after taking into account the availability of trade statistics, select a system of comprehensive classification of articles by category, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>make public his selection of such system.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>As soon as practicable after the President has selected a system pursuant to paragraph (1), the Tariff Commission shall—</chapeau> <subparagraph class="firstIndent1 fontsize10"><num value="A">(A) </num><content>determine the articles falling within each category of such system, and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>make public its determinations.</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">The determination of the Tariff Commission as to the articles included in any category may be modified only by the Tariff Commission. Such modification by the Tariff Commission may be made only for the purpose of correction, and may be made only before the date on which the first list of articles specifying this section is furnished by the President to the Tariff Commission pursuant to section 221.</continuation> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <chapeau>For the purpose of making a determination under subsection (a) with respect to any category—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The determination of the countries of the European Economic Community shall be made as of the date of the request under subsection (d).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>The President shall determine “aggregated world export value” with respect to any category of articles—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>on the basis of a period which he determines to be representative for such category, which period shall be included in the most recent 5-year period before the date of the request under subsection (d) for which statistics are available and shall contain at least 2 one-year periods,</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>on the basis of the dollar value of exports as shown by trade statistics in use by the Department of Commerce, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <chapeau>by excluding exports—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>from any country of the European Economic Community to another such country, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>to or from any country or area which, at any time during the representative period, was denied trade agreement benefits under section 231, or under section 5 of the Trade Agreements Extension Act of 1951, or under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/65/73">65 Stat. 73</ref>; <i>Post</i>, p. 882.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1362">19 USC 1362</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 78.</p></sidenote>section 401(a) of the Tariff Classification Act of 1962.</content> </clause></subparagraph> </paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num><chapeau>Before the President makes a determination under subsection (a) with respect to any category, the Tariff Commission shall (upon request of the President) make findings as to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the representative period for such category,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the aggregated world export value of the articles falling within such category, and</content></paragraph> <page identifier="/us/stat/76/874">76 <inline class="smallCaps">Stat</inline>. 874</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the percentage of the aggregated world export value of such articles accounted for by the United States and the countries of the European Economic Community,</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">and shall advise the President of such findings.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>The exception to section 201(b) (1) provided by subsection (a) shall not apply to any article referred to in Agricultural Handbook No. 143, United States Department of Agriculture, as issued in September 1959.</content> </subsection> </section> <section> <num value="212">SEC. 212. </num> <heading>AGRICULTURAL COMMODITIES.</heading> <content>In the case of any trade agreement with the European Economic Community, section 201(b) (1) shall not apply to any article referred to in Agricultural Handbook No. 143, United States Department of Agriculture, as issued in September 1959, if before entering into such agreement the President determines that such agreement will tend to assure the maintenance or expansion of United States exports of the like article.</content> </section> <section> <num value="213">SEC. 213. </num> <heading>TROPICAL AGRICULTURAL AND FORESTRY COMMODITIES.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <chapeau>Section 201 (b) (1) shall not apply to any article if, before entering into the trade agreement covering such article, the President determines that—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>such article is a tropical agricultural or forestry commodity;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the like article is not produced in significant quantities in the United States; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>the European Economic Community has made a commitment with respect to duties or other import restrictions which is likely to assure access for such article to the markets of the European Economic Community which—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>is comparable to the access which such article will have to the markets of the United States, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>will be afforded substantially without differential treatment as among free world countries of origin.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>For purposes of subsection (a), a “tropical agricultural or forestry commodity” is an agricultural or forestry commodity with respect to which the President determines that more than one-half of the world production is in the area of the world between 20 degrees north latitude and 20 degrees south latitude.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <chapeau>Before the President makes a determination under subsection (a) with respect to any article, the Tariff Commission shall (upon request of the President) make findings as to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>whether or not such article is an agricultural or forestry commodity more than one-half of the world production of which is in the area of the world between 20 degrees north latitude and 20 degrees south latitude, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>whether or not the like article is produced in significant quantities in the United States,</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">and shall advise the President of such findings.</continuation> </subsection></section> </chapter> <chapter><num value="3">CHAPTER 3—</num><heading class="inline">REQUIREMENTS CONCERNING NEGOTIATIONS</heading> <section><num value="221">SEC. 221. </num><heading>TARIFF COMMISSION ADVICE.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>In connection with any proposed trade agreement under this title, the President shall from time to time publish and furnish the Tariff Commission with lists of articles which may be considered for modification or continuance of United States duties or other import restrictions, or continuance of United States duty-free or exise treatment. In the case of any article with respect to which consideration <page identifier="/us/stat/76/875">76 <inline class="smallCaps">Stat</inline>. 875</page>may be given to reducing the rate of duty below the 50 percent limitation contained in section 201(b) (1), the list shall specify the section or sections of this title pursuant to which such consideration may be given.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Within 6 months after receipt of such a list, the Tariff Commission shall advise the President with respect to each article of its judgment as to the probable economic effect of modifications of duties or other import restrictions on industries producing like or directly competitive articles, so as to assist the President in making an informed judgment as to the impact that might be caused by such modifications on United States industry, agriculture, and labor.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <chapeau>In preparing its advice to the President, the Tariff Commission shall, to the extent practicable—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>investigate conditions, causes, and effects relating to competition between the foreign industries producing the articles in question and the domestic industries producing the like or directly competitive articles;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>analyze the production, trade, and consumption of each like or directly competitive article, taking into consideration employment, profit levels, and use of productive facilities with respect to the domestic industries concerned, and such other economic factors in such industries as it considers relevant, including prices, wages, sales, inventories, patterns of demand, capital investment, obsolescence of equipment, and diversification of production;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>describe the probable nature and extent of any significant change in employment, profit levels, use of productive facilities and such other conditions as it deems relevant in the domestic industries concerned which it believes such modifications would cause; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>make special studies (including studies of real wages paid in foreign supplying countries), whenever deemed to be warranted, of particular proposed modifications affecting United States industry, agriculture, and labor, utilizing to the fullest extent practicable the facilities of United States attachés abroad and other appropriate personnel of the United States.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>In preparing its advice to the President, the Tariff Commission shall, after reasonable notice, hold public hearings.</content> </subsection> </section> <section> <num value="222">SEC. 222. </num> <heading>ADVICE FROM DEPARTMENTS.</heading> <content>Before any trade agreement is entered into under this title, the President shall seek information and advice with respect to such agreement from the Departments of Agriculture, Commerce, Defense, Interior, Labor, State, and Treasury, and from such other sources as he may deem appropriate.</content> </section> <section> <num value="223">SEC. 223. </num> <heading>PUBLIC HEARINGS.</heading> <content>In connection with any proposed trade agreement under this title, the President shall afford an opportunity for any interested person to present his views concerning any article on a list published pursuant to section 221, any article which should be so listed, any concession which should be sought by the United States, or any other matter relevant to such proposed trade agreement. For this purpose, the President shall designate an agency or an interagency committee <sidenote><p class="firstIndent1 fontsize8">Designation of agency by President.</p></sidenote>which shall, after reasonable notice, hold public hearings, shall prescribe regulations governing the conduct of such hearings, and shall furnish the President with a summary of such hearings.</content> </section> <section> <num value="224">SEC. 224. </num> <heading>PREREQUISITE FOR OFFERS.</heading> <content>The President may make an offer for the modification or continuance of any duty or other import restriction, or continuance of duty-free or excise treatment, with respect to any article only after he has <page identifier="/us/stat/76/876">76 <inline class="smallCaps">Stat</inline>. 876</page>received advice concerning such article from the Tariff Commission under section 221(b), or after the expiration of the relevant 6-month period provided for in that section, whichever first occurs, and only after the President has received a summary of the hearings at which an opportunity to be heard with respect to such article has been afforded under section 223.</content> </section> <section> <num value="225">SEC. 225. </num> <heading>RESERVATION OF ARTICLES FROM NEGOTIATIONS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <chapeau>While there is in effect with respect to any article any action taken under—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>section 232, 351, or 352,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>section 2(b) of the Act entitled “An Act to extend the authority of the President to enter into trade agreements under section 350 of the Tariff Act of 1930, as amended”, approved July <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/678">72 Stat. 678</ref>.</p></sidenote>1, 1954 (19U.S.C., sec. 1352a), or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>section 7 of the Trade Agreements Extension Act of 1951 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/65/74">65 Stat. 74</ref>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 882.</p></sidenote>(19 U.S.C., sec. 1364),</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">the President shall reserve such article from negotiations under this title for the reduction of any duty or other import restriction or the elimination of any duty.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>During the 5-year period which begins on the date of the enactment of this Act, the President shall reserve an article (other than an article which, on the date of the enactment of this Act, was described in subsection (a) (3)) from negotiation under this title for the reduction of any duty or other import restriction or the elimination of any duty where—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>pursuant to section 7 of the Trade Agreements Extension Act of 1951 (or pursuant to a comparable Executive Order), the Tariff Commission found by a majority of the Commissioners voting that such article was being imported in such increased quantities as to cause or threaten serious injury to an industry,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>such article is included in a list furnished to the Tariff Commission pursuant to section 221 (and has not been included in a prior list so furnished), and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>upon request on behalf of the industry, made not later than 60 days after the date of the publication of such list, the Tariff Commission finds and advises the President that economic conditions in such industry have not substantially improved since the date of the report of the finding referred to in paragraph (1). (c) In addition to the articles described by subsections (a) and (b), the President shall also so reserve any other article which he determines to be appropriate, taking into consideration the advice of the Tariff Commission under section 221(b), any advice furnished to him under section 222, and the summary furnished to him under section 223.</content> </paragraph> </subsection> </section> <section> <num value="226">SEC. 226. </num> <heading>TRANSMISSION OF AGREEMENTS TO CONGRESS.</heading> <content>The President shall transmit promptly to each House of Congress a copy of each trade agreement entered into under this title, together with a statement, in the light of the advice of the Tariff Commission under section 221(b) and of other relevant considerations, of his reasons for entering into the agreement.</content></section> </chapter> <chapter><num value="4">CHAPTER 4—</num><heading class="inline">NATIONAL SECURITY</heading> <section> <num value="231">SEC. 231. </num><heading>PRODUCTS OF COMMUNIST COUNTRIES OR AREAS.</heading> <content>The President shall, as soon as practicable, suspend, withdraw, or prevent the application of the reduction, elimination, or continuance of any existing duty or other import restriction, or the continuance of any existing duty-free or excise treatment, proclaimed in carrying out any trade agreement under this title or under section 350 of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/943">48 Stat. 943</ref>; <i>Post</i>, pp. 881–883.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1351">19 USC 1351</ref>.</p></sidenote>Tariff Act of 1930, to products, whether imported directly or in-<page identifier="/us/stat/76/877">76 <inline class="smallCaps">Stat</inline>. 877</page>directly, of any country or area dominated or controlled by Communism.</content> </section> <section> <num value="232">SEC. 232. </num> <heading>SAFEGUARDING NATIONAL SECURITY.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>No action shall be taken pursuant to section 201 (a) or pursuant to section 350 of the Tariff Act of 1930 to decrease or eliminate the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/943">48 Stat. 943</ref>; <i>Post</i>, pp. 881–883.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1351">19 USC 1351</ref>.</p></sidenote>duty or other import restriction on any article if the President determines that such reduction or elimination would threaten to impair the national security.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Upon request of the head of any department or agency, upon <sidenote><p class="firstIndent1 fontsize8">Office of Emergency Planning.</p><p class="firstIndent1 fontsize8">Investigation by Director.</p></sidenote>application of an interested party, or upon his own motion, the Director of the Office of Emergency Planning (hereinafter in this section referred to as the “Director”) shall immediately make an appropriate investigation, in the course of which he shall seek information and advice from other appropriate departments and agencies, to determine the effects on the national security of imports of the article which is the subject of such request, application, or motion. If, as a result of such investigation, the Director is of the opinion that the said article is being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security, he shall promptly so advise the President, and, unless the President determines that the article is not being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security as set forth in this section, he shall take such action, and for such time, as he deems necessary to adjust the imports of such article and its derivatives so that such imports will not so threaten to impair the national security.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>For the purposes of this section, the Director and the President <sidenote><p class="firstIndent1 fontsize8">Domestic production for national defense.</p></sidenote>shall, in the light of the requirements of national security and without excluding other relevant factors, give consideration to domestic production needed for projected national defense requirements, the capacity of domestic industries to meet such requirements, existing and anticipated availabilities of the human resources, products, raw materials, and other supplies and services essential to the national defense, the requirements of growth of such industries and such supplies and services including the investment, exploration, and development necessary to assure such growth, and the importation of goods in terms of their quantities, availabilities, character, and use as those affect such industries and the capacity of the United States to meet national security requirements. In the administration of this section, <sidenote><p class="firstIndent1 fontsize8">Foreign competition, impact on domestic industries.</p></sidenote>the Director and the President shall further recognize the close relation of the economic welfare of the Nation to our national security, and shall take into consideration the impact of foreign competition on the economic welfare of individual domestic industries; and any substantial unemployment, decrease in revenues of government, loss of skills or investment, or other serious effects resulting from the displacement of any domestic products by excessive imports shall be considered, without excluding other factors, in determining whether such weakening of our internal economy may impair the national security.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>A report shall be made and published upon the disposition of each request, application, or motion under subsection (b). The Director shall publish procedural regulations to give effect to the authority conferred on him by subsection (b).</content></subsection></section> </chapter> <page identifier="/us/stat/76/878">76 <inline class="smallCaps">Stat</inline>. 878</page> <chapter><num value="5">CHAPTER 5—</num><heading class="inline">ADMINISTRATIVE PROVISIONS</heading> <section> <num value="241">SEC. 241. </num><heading>SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num><sidenote><p class="firstIndent1 fontsize8">Appointment by President.</p></sidenote><content class="inline">The President shall appoint, by and with the advice and consent of the Senate, a Special Representative for Trade Negotiations, who shall be the chief representative of the United States for each negotiation under this title and for such other negotiations as in the President’s judgment require that the Special Representative be the chief representative of the United States, and who shall be the chairman of the organization established pursuant to section 242(a). The Special Representative for Trade Negotiations shall hold office at the pleasure of the President, shall be entitled to receive the same compensation and allowances as a chief of mission, and shall have the rank of ambassador extraordinary and plenipotentiary.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The Special Representative for Trade Negotiations shall, in the performance of his functions under subsection (a), seek information and advice with respect to each negotiation from representatives of industry, agriculture, and labor, and from such agencies as he deems appropriate.</content> </subsection> </section> <section> <num value="242">SEC. 242. </num> <heading>INTERAGENCY TRADE ORGANIZATION.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>The President shall establish an interagency organization to assist him in carrying out the functions vested in him by this title and sections 351 and 352. Such organization shall, in addition to the Special Representative for Trade Negotiations, be composed of the heads of such departments and of such other officers as the President shall designate. It shall meet at such times and with respect to such matters as the President or the chairman of the organization shall direct. The organization may invite the participation in its activities of any agency not represented in the organization when matters of interest to such agency are under consideration.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>In assisting the President, the organization shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>make recommendations to the President on basic policy issues arising in the administration of the trade agreements program,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>make recommendations to the President as to what action, if any, he should take on reports with respect to tariff adjustment submitted to him by the Tariff Commission under section 301 (e),</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>advise the President of the results of hearings concerning foreign import restrictions held pursuant to section 252(d), and recommend appropriate action with respect thereto, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>perform such other functions with respect to the trade agreements program as the President may from time to time designate.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The organization shall, to the maximum extent practicable, draw upon the resources of the agencies represented in the organization, as well as such other agencies as it may determine, including the Tariff Commission. In addition, the President may establish by regulation such procedures and committees as he may determine to be necessary to enable the organization to provide for the conduct of hearings pursuant to section 252(d), and for the carrying out of other functions assigned to the organization pursuant to this section.</content> </subsection> </section> <section> <num value="243">SEC 243. </num> <heading>CONGRESSIONAL DELEGATES TO NEGOTIATIONS.</heading> <content>Before each negotiation under this title, the President shall, upon the recommendation of the Speaker of the House of Representatives, select two members (not of the same political party) of the Committee on Ways and Means, and shall, upon the recommendation of the President of the Senate, select two members (not of the same political party) of the Committee on Finance, who shall be accredited as members of the United States delegation to such negotiation.</content></section> </chapter> <page identifier="/us/stat/76/879">76 <inline class="smallCaps">Stat</inline>. 879</page> <chapter><num value="6">CHAPTER 6—</num><heading class="inline">GENERAL PROVISIONS</heading> <section> <num value="251">SEC. 251. </num><heading>MOST-FAVORED-NATION PRINCIPLE.</heading> <content>Except as otherwise provided in this title, in section 350(b) of the Tariff Act of 1, 930, or in section 401(a) of the Tariff Classification <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 881.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 78.</p></sidenote>Act of 1962, any duty or other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this title or section 350 of the Tariff Act of 1930 shall apply to products <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/943">48 Stat. 943</ref>; <i>Post</i>, pp. 881–883.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1351">19 USC 1351</ref>.</p></sidenote>of all foreign countries, whether imported directly or indirectly.</content> </section> <section> <num value="252">SEC. 252. </num> <heading>FOREIGN IMPORT RESTRICTIONS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <chapeau>Whenever unjustifiable foreign import restrictions impair the value of tariff commitments made to the United States, oppress the commerce of the United States, or prevent the expansion of trade on a mutually advantageous basis, the President shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>take all appropriate and feasible steps within his power to eliminate such restrictions,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>refrain from negotiating the reduction or elimination of any United States import restriction under section 201(a) in order to obtain the reduction or elimination of any such restrictions, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>notwithstanding any provision of any trade agreement under this Act and to the extent he deems necessary and appropriate, impose duties or other import restrictions on the products of any foreign country or instrumentality establishing or maintaining such foreign import restrictions against United States agricultural products, when he deems such duties and other import restrictions necessary and appropriate to prevent the establishment or obtain the removal of such foreign import restrictions and to provide access for United States agricultural products to the markets of such country or instrumentality on an equitable basis.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>Whenever a foreign country or instrumentality the products of which receive benefits of trade agreement concessions made by the United States—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>maintains nontariff trade restrictions, including variable import fees, which substantially burden United States commerce in a manner inconsistent with provisions of trade agreements, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau><p class="inline">engages in discriminatory or other acts (including tolerance <sidenote><p class="firstIndent1 fontsize8">Discriminatory acts.</p></sidenote>of international cartels) or policies unjustifiably restricting United States commerce,</p> <p class="indent0 firstIndent0 fontsize10">the President shall, to the extent, that such action is consistent with the purposes of section 102—</p></chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>suspend, withdraw, or prevent the application of benefits <sidenote><p class="firstIndent1 fontsize8">Suspension, etc., of benefits.</p></sidenote>of trade agreement concessions to products of such country or instrumentality, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>refrain from proclaiming benefits of trade agreement concessions to carry out a trade agreement with such country or instrumentality.</content> </subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <chapeau>Whenever a foreign country or instrumentality, the products of <sidenote><p class="firstIndent1 fontsize8">Unreasonable import restrictions.</p></sidenote>which receive benefits of trade agreement concessions made by the United States, maintains unreasonable import restrictions which either directly or indirectly substantially burden United States commerce, the President may, to the extent that such action is consistent with the purposes of section 102, and having due regard for the international obligations of the United States—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>suspend, withdraw, or prevent the application of benefits of trade agreement concessions to products of such country or instrumentality, or</content></paragraph> <page identifier="/us/stat/76/880">76 <inline class="smallCaps">Stat</inline>. 880</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>refrain from proclaiming benefits of trade agreement concessions to carry out a trade agreement with such country or instrumentality.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>The President shall provide an opportunity for the presentation of views concerning foreign import restrictions which are referred to in subsections (a), (b), and (c) and are maintained against United States commerce. Upon request by any interested person, the President shall, through the organization established pursuant to section 242(a), provide for appropriate public hearings with respect to such restrictions after reasonable notice and provide for the issuance of regulations concerning the conduct of such hearings.</content> </subsection> </section> <section> <num value="253">SEC. 253. </num> <heading>STAGING REQUIREMENTS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <chapeau>Except as otherwise provided in this section and in section 254, the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement under this title shall not exceed the aggregate reduction which would have been in effect on such day if—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>one-fifth of the total reduction under such agreement for such article had taken effect on the date of the first proclamation pursuant to section 201(a) to carry out such trade agreement, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the remaining four-fifths of such total reduction had taken effect in four equal installments at 1-year intervals after the date referred to in paragraph (1).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Subsection (a) shall not apply to any article with respect to which the President has made a determination under section 213(a).</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>In the case of an article the rate of duty on which has been or is to be reduced pursuant to a prior trade agreement, no reduction shall take effect pursuant to a trade agreement entered into under section 201(a) before the expiration of 1 year after the taking effect of the final reduction pursuant to such prior agreement.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <chapeau>If any part of a reduction takes effect, then any time thereafter during which such part of the reduction is not in effect by reason of legislation of the United States or action thereunder shall be excluded in determining—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the 1-year intervals referred to in subsection (a)(2), and (2) the expiration of the 1 year referred to in subsection (c).</content> </paragraph> </subsection> </section> <section> <num value="254">SEC. 254. </num> <heading>ROUNDING AUTHORITY.</heading> <chapeau>If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitation provided by section 201 (b) (1) or 253 by not more than whichever of the following is lesser:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the difference between the limitation and the next lower whole number, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>one-half of 1 percent ad valorem or an amount the ad valorem equivalent of which is one-half of 1 percent.</content> </paragraph> </section> <section> <num value="255">SEC. 255. </num> <heading>TERMINATION.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>Every trade agreement entered into under this title shall be subject to termination or withdrawal, upon due notice, at the end of a period specified in the agreement. Such period shall be not more than 3 years from the date on which the agreement becomes effective. If the agreement is not terminated or withdrawn from at the end of the period so specified, it shall be subject to termination or withdrawal thereafter upon not more than 6 months’ notice.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The President may at any time terminate, in whole or in part, any proclamation made under this title.</content></subsection> </section> <page identifier="/us/stat/76/881">76 <inline class="smallCaps">Stat</inline>. 881</page> <section> <num value="256">SEC. 256. </num> <heading>DEFINITIONS.</heading> <chapeau>For purposes of this title—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The term “European Economic Community” means the instrumentality known by such name or any successor thereto.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The countries of the European Economic Community as of any date shall be those countries which on such date are agreed to achieve a common external tariff through the European Economic Community.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The term “agreement with the European Economic Community” means an agreement to which the United States and all countries of the European Economic Community (determined as of the date such agreement is entered into) are parties. For purposes of the preceding sentence, each country for which the European Economic Community signs an agreement shall be treated as a party to such agreement.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The term “existing on July 1, 1962”, as applied to a rate of duty, refers to the lowest nonpreferential rate of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) existing on such date or (if lower) the lowest nonpreferential rate to which the United States is committed on such date and which may be proclaimed under section 350 of the Tariff Act of 1930. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/943">48 Stat. 943</ref>; <i>Infra</i>; <i>Post</i>, pp. 882, 883.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1351">19 USC 1351</ref>.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>The term “existing on July 1, 1934”, as applied to a rate of duty, refers to the rate of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) existing on such date.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>The term “existing” without the specification of any date, when used with respect to any matter relating to entering into, or any proclamation to carry out, a trade agreement, means existing on the day on which such trade agreement is entered into, and, when referring to a rate of duty, refers to the rate of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) existing on such day.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>The term “ad valorem equivalent” means the ad valorem equivalent of a specific rate or, in the case of a combination of rates including a specific rate, the sum of the ad valorem equivalent of the specific rate and of the ad valorem rate. The ad valorem equivalent shall be determined by the President on the basis of the value of imports of the article concerned during a period determined by him to be representative. In determining the value of imports, the President shall utilize, to the maximum extent practicable, the standards of valuation contained in section 402 or 402a of the Tariff Act of 1930 (19 U.S.C., sec., 1401a or 1402) applicable to the article concerned during such representative <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/943">70 Stat. 943</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/46/708">46 Stat. 708</ref>.</p></sidenote>period.</content> </paragraph> </section> <section> <num value="257">SEC. 257. </num> <heading>RELATION TO OTHER LAWS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>The first sentence of subsection (b) of section 350 of the Tariff Act of 1930 is amended by striking out “<quotedText>this section</quotedText>” each place it <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/943">48 Stat. 943</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1351">19 USC 1351</ref>.</p></sidenote>appears and inserting in lieu thereof “<quotedText>this section or the Trade Expansion Act of 1962</quotedText>”. The second sentence of such subsection (b) is amended by striking out “<quotedText>this Act</quotedText>” and inserting in lieu thereof “<quotedText>this Act or the Trade Expansion Act of 1962</quotedText>”. The third sentence of such subsection (b) is amended by striking out “<quotedText>1955,</quotedText>” in paragraph (2) and inserting in lieu thereof “<quotedText>1955, and before July 1, 1962,</quotedText>” and by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>In order to carry out a foreign trade agreement entered into after June 30, 1962, and before July 1, 1967, below the lowest rate permissible by applying title II of the Trade Expansion Act of 1962 to the rate of duty (however established, and even though <page identifier="/us/stat/76/882">76 <inline class="smallCaps">Stat</inline>. 882</page>temporarily suspended by Act of Congress or otherwise) existing on July 1, 1962, with respect to such product.”</content> </paragraph> </quotedContent></content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8">Repeal.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/164/165">69 Stat. 164, 165</ref>; <ref href="/us/stat/72/673">72 Stat. 673</ref>.</p></sidenote><content class="inline">Subsections (a) (5) and (e) of section 350 of the Tariff Act of 1930 are repealed.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>For purposes only of entering into trade agreements pursuant to the notices of intention to negotiate published in the Federal Register <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/fr/25/4764/11119">25 F.R. 4764, 11119</ref>.</p></sidenote>of May 28, 1960, and the Federal Register of November 23, 1960, the period during which the President is authorized to enter into <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/943">48 Stat. 943</ref>; <i>Ante</i>, p. 881; <i>Post</i>, p. 883.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1351">19 USC 1351</ref>.</p></sidenote>foreign trade agreements under section 350 of the Tariff Act of 1930 is hereby extended from the close of June 30, 1962, until the close of December 31, 1962.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>The second and third sentences of section 2(a) of the Act entitled “An Act to amend the Tariff Act of 1930”, approved June <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/944">48 Stat. 944</ref>.</p></sidenote>12, 1934, as amended (19 U.S.C., sec. 1352(a)), are each amended by striking out “<quotedText>this Act</quotedText>” and inserting in lieu thereof “<quotedText>this Act or the Trade Expansion Act of 1962</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num><paragraph class="inline"><num value="1">(1) </num><sidenote><p class="firstIndent1 fontsize8">Repeal.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/65/73">65 Stat. 73</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1362/1365">19 USC 1362–1365</ref>.</p></sidenote><content class="inline">Sections 5, 6, 7, and 8(a) of the Trade Agreements Extension Act of 1951 are repealed.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Action taken by the President under section 5 of such Act and in effect on the date of the enactment of this Act shall be considered as <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 876.</p></sidenote>having been taken by the President under section 231.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Any investigation by the Tariff Commission under section 7 of such Act which is in progress on the date of the enactment of this <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 883.</p></sidenote>Act shall be continued under section 301 as if the application by the interested party were a petition under such section for tariff adjustment under section 351. For purposes of section 301(f), such petition shall be treated as having been filed on the date of the enactment of this Act.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num><sidenote><p class="firstIndent1 fontsize8">Repeal.</p></sidenote><content class="inline">Section 2 of the Act entitled “An Act to extend the authority of the President to enter into trade agreements under section 350 of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/678">72 Stat. 678</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1352a">19 USC 1352a</ref>.</p></sidenote>Tariff Act of 1930, as amended”, approved July 1, 1954, is repealed. Any action (including any investigation begun) under such section 2’ before the date of the enactment of this Act shall be considered as having been taken or begun under section 232.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num><paragraph class="inline"><num value="1">(1) </num><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 74.</p></sidenote><content class="inline">Section 102(1) of the Tariff Classification Act of 1962 is amended by striking out “<quotedText>of schedules 1 to 7, inclusive,</quotedText>”.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 75.</p></sidenote><content class="inline">Section 203 of the Tariff Classification Act of 1962 is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">“Sec</inline>. 203. </num> <chapeau>For purposes of applying sections 323 and 350 of the <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 883.</p><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote>Tariff Act of 1930, as amended, and the Trade Expansion Act of 1962 with respect to the Tariff Schedules of the United States—</chapeau> <paragraph class="firstIndent1 fontsize10"><num value="1">“(1) </num><content>The rate of duty in rate column numbered 2 for each item in schedules 1 to 7, inclusive, of the Tariff Schedules of the United States shall be treated as the rate of duty existing on July 1, 1934.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The lowest preferential or nonpreferential rate of duty in rate column numbered 1 for each item in schedules 1 to 7, inclusive, of the Tariff Schedules of the United States on the effective date <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 78.</p></sidenote>provided in section 501(a) of this Act shall be treated as the lowest preferential or nonpreferential rate of duty, respectively, existing on July 1, 1962; except that in the case of any such item included <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 73.</p></sidenote>in a supplemental report made pursuant to section 101 (c) of this Act to reflect a change proclaimed by the President after July 1, 1962 (other than a change to which the United States was committed on July 1, 1962), the rate treated as the lowest nonpreferential rate of duty existing on July 1, 1962, shall be the rate which the Commission specifically declares in such supplemental report to be the rate which, in its judgment, conforms to the fullest extent practicable to the rate regarded as existing on July 1, 1962, under section 256(4) of the Trade Expansion Act of 1962.</content></paragraph> <page identifier="/us/stat/76/883">76 <inline class="smallCaps">Stat</inline>. 883</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Legislation entering into force after the effective date provided for in section 501(a) of this Act which results in the permanent <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 78.</p></sidenote>reclassification of any article without specifying the rate of duty applicable thereto, and proclamations under section 202(c) of this Act, shall be considered as having been in effect since June <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 75.</p></sidenote>30, 1962.”</content> </paragraph></section> </quotedContent></content></paragraph></subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <content>Nothing contained in this Act shall be construed to affect in any way the provisions of section 22 of the Agricultural Adjustment Act, or to apply to any import restriction heretofore or hereafter <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/261">64 Stat. 261</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s624">7 USC 624</ref>.</p></sidenote>imposed under such section.</content></subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <content>Part I of title III of the Tariff Act of 1930 is amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1301/etseq">19 USC 1301 <i>et seq</i></ref>.</p></sidenote>adding at the end thereof the following new section: <quotedContent> <section> <num value="323">“SEC. 323. </num> <heading>CONSERVATION OF FISHERY RESOURCES.</heading> <content>“Upon the convocation of a conference on the use or conservation of international fishery resources, the President shall, by all appropriate means at his disposal, seek to persuade countries whose domestic fishing practices or policies affect such resources, to engage in negotiations in good faith relating to the use or conservation of such resources. If, after such efforts by the President and by other countries which have agreed to engage in such negotiations, any other country whose conservation practices or policies affect the interests of the United States and such other countries, has, in the judgment of the President, failed or refused to engage in such negotiations in good faith, the President may, if he is satisfied that such action is likely to be effective in inducing such country to engage in such negotiations in good faith, increase the rate of duty on any fish (in any form) which is the product of such country, for such time as he deems necessary, to a rate not more than 50 percent above the rate existing on July 1, 1934.”</content> </section> </quotedContent></content></subsection></section> <section> <num value="258">SEC. 258. </num> <heading>REFERENCES.</heading> <content>All provisions of law (other than this Act and the Trade Agreements Extension Act of 1951) in effect after June 30, 1962, referring <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/65/72">65 Stat. 72</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1360">19 USC 1360 note</ref>.</p></sidenote>to section 350 of the Tariff Act of 1930, to that section as amended, to the Act entitled “An Act to amend the Tariff Act of 1930”, approved June 12, 1934, to that Act as amended, or to agreements entered into, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/943">48 Stat. 943</ref>; <i>Ante</i>, pp. 881, 882.</p><p class="firstIndent1 fontsize8"><i>Supra</i>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1351">19 USC 1351</ref>.</p></sidenote>or proclamations issued, under any of such provisions, shall be construed, unless clearly precluded by the context, to refer also to this Act, or to agreements entered into or proclamations issued, pursuant to this Act.</content> </section> </chapter> <num value="III">TITLE III—</num><heading class="inline">TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE</heading> <chapter><num value="1">CHAPTER 1—</num><heading class="inline">ELIGIBILITY FOR ASSISTANCE</heading> <section> <num value="301">SEC. 301. </num> <heading>TARIFF COMMISSION INVESTIGATIONS AND REPORTS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num><paragraph class="inline"><num value="1">(1) </num><content>A petition for tariff adjustment under section 351 may be filed with the Tariff Commission by a trade association, firm, certified or recognized union, or other representative of an industry.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>A petition for a determination of eligibility to apply for adjustment assistance under chapter 2 may be filed with the Tariff Commission by a firm or its representative, and a petition for a determination of eligibility to apply for adjustment assistance under chapter 3 may be filed with the Tariff Commission by a group of workers or by their certified or recognized union or other duly authorized representative.</content></paragraph> <page identifier="/us/stat/76/884">76 <inline class="smallCaps">Stat</inline>. 884</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="firstIndent1 fontsize8">Investigation by Tariff Commission.</p></sidenote><content class="inline">Whenever a petition is filed under this subsection, the Tariff Commission shall transmit a copy thereof to the Secretary of Commerce.</content> </paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><paragraph class="inline"><num value="1">(1) </num><content>Upon the request of the President upon resolution of either the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives, upon its own motion, or upon the filing of a petition under subsection (a) (1), the Tariff Commission shall promptly make an investigation to determine whether, as a result in major part of concessions granted under trade agreements, an article is being imported into the United States in such increased quantities as to cause, or threaten to cause, serious injury to the domestic industry producing an article which is like or directly competitive with the imported article.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>In making its determination under paragraph (1), the Tariff Commission shall take into account all economic factors which it considers relevant, including idling of productive facilities, inability to operate at a level of reasonable profit, and unemployment or underemployment.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>For purposes of paragraph (1), increased imports shall be considered to cause, or threaten to cause, serious injury to the domestic industry concerned when the Tariff Commission finds that such increased imports have been the major factor in causing, or threatening to cause, such injury.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>No investigation for the purpose of paragraph (1) shall be made, upon petition filed under subsection (a)(1), with respect to the same subject matter as a previous investigation under paragraph (1), unless one year has elapsed since the Tariff Commission made its report to the President of the results of such previous investigation.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><paragraph class="inline"><num value="1">(1) </num><content>In the case of a petition by a firm for a determination of <sidenote><p class="firstIndent1 fontsize8">Petition by a firm.</p></sidenote>eligibility to apply for adjustment assistance under chapter 2, the Tariff Commission shall promptly make an investigation to determine whether, as a result in major part of concessions granted under trade agreements, an article like or directly competitive with an article produced by the firm is being imported into the United States in such increased quantities as to cause, or threaten to cause, serious injury to such firm. In making its determination under this paragraph, the Tariff Commission shall take into account all economic factors which it considers relevant, including idling of productive facilities of the firm, inability of the firm to operate at a level of reasonable profit, and unemployment or underemployment in the firm.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent1 fontsize8">Petition by group of workers.</p></sidenote><content class="inline">In the case of a petition by a group of workers for a determination of eligibility to apply for adjustment assistance under chapter 3, the Tariff Commission shall promptly make an investigation to determine whether, as a result in major part of concessions granted under trade agreements, an article like or directly competitive with an article produced by such workers’ firm, or an appropriate subdivision thereof, is being imported into the United States in such increased quantities as to cause, or threaten to cause, unemployment or underemployment of a significant number or proportion of the workers of such firm or subdivision.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>For purposes of paragraphs (1) and (2), increased imports shall be considered to cause, or threaten to cause, serious injury to a firm or unemployment or underemployment, as the case may be, when the Tariff Commission finds that such increased imports have been the major factor in causing, or threatening to cause, such injury or unemployment or underemployment.</content></paragraph> </subsection> <page identifier="/us/stat/76/885">76 <inline class="smallCaps">Stat</inline>. 885</page> <subsection class="indent0 fontsize10"><num value="d">(d) </num><paragraph class="inline"><num value="1">(1) </num><content>In the course of any investigation under subsection (b)(1), the Tariff Commission shall, after reasonable notice, hold public hearings and shall afford interested parties opportunity to be present, to produce evidence, and to be heard at such hearings.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>In the course of any investigation under subsection (c)(1) or (c)(2), the Tariff Commission shall, after reasonable notice, hold public hearings if requested by the petitioner, or if, within 10 days after notice of the filing of the petition, a hearing is requested by any other party showing a proper interest in the subject matter of the investigation, and shall afford interested parties an opportunity to be present, to produce evidence, and to be heard at such hearings.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>Should the Tariff Commission find with respect to any article, as the result of its investigation, the serious injury or threat thereof described in subsection (b), it shall find the amount of the increase in, or imposition of, any duty or other import restriction on such article which is necessary to prevent or remedy such injury and shall include such finding in its report to the President.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num><paragraph class="inline"><num value="1">(1) </num><content>The Tariff Commission shall report to the President the <sidenote><p class="firstIndent1 fontsize8">Report to President.</p></sidenote>results of each investigation under this section and include in each report any dissenting or separate views. The Tariff Commission shall furnish to the President a transcript of the hearings and any briefs which may have been submitted in connection with each investigation.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The report of the Tariff Commission of its determination under subsection (b) shall be made at the earliest practicable time, but not later than 6 months after the date on which the petition is filed (or the date on which the request or resolution is received or the motion is adopted, as the case may be). Upon making such report to the President, the Tariff Commission shall promptly make public such report, and shall cause a summary thereof to be published in the <sidenote><p class="firstIndent1 fontsize8">Publication in F. R.</p></sidenote>Federal Register.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The report of the Tariff Commission of its determination under subsection (c) (1) or (c) (2) with respect to any firm or group of workers shall be made at the earliest practicable time, but not later than 60 days after the date on which the petition is filed.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num> <content>Except as provided in section 257(e)(3), no petition shall lie filed under subsection (a), and no request, resolution, or motion shall be made under subsection (b), prior to the close of the 60th day after the date of the enactment of this Act.</content> </subsection> </section> <section> <num value="302">SEC. 302. </num> <heading>PRESIDENTIAL ACTION AFTER TARIFF COMMISSION DETERMINATION.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <chapeau>After receiving a report from the Tariff Commission containing an affirmative finding under section 301(b) with respect to any industry, the President may—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>provide tariff adjustment for such industry pursuant to section 351 or 352,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>provide, with respect to such industry, that its firms may request the Secretary of Commerce for certifications of eligibility to apply for adjustment assistance under chapter 2,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>provide, with respect to such industry, that its workers may request the Secretary of Labor for certifications of eligibility to apply for adjustment assistance under chapter 3, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>take any combination of such actions.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num><paragraph class="inline"><num value="1">(1) </num><content>The Secretary of Commerce shall certify, as eligible to apply for adjustment assistance under chapter 2, any firm in an industry with respect to which the President has acted under subsection (a) (2), upon a showing by such firm to the satisfaction of the Secretary of Commerce that the increased imports (which the Tariff Commission has determined to result from concessions granted under <page identifier="/us/stat/76/886">76 <inline class="smallCaps">Stat</inline>. 886</page>trade agreements) have caused serious injury or threat thereof to such firm.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Secretary of Labor shall certify, as eligible to apply for adjustment assistance under chapter 3, any group of workers in an industry with respect to which the President has acted under subsection (a) (3), upon a showing by such group of workers to the satisfaction of the Secretary of Labor that the increased imports (which the Tariff Commission has determined to result from concessions granted under trade agreements) have caused or threatened to cause unemployment or underemployment of a significant number or proportion of workers of such workers’ firm or subdivision thereof.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>After receiving a report from the Tariff Commission containing an affirmative finding under section 301(c) with respect to any firm or group of workers, the President may certify that such firm or group of workers is eligible to apply for adjustment assistance.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Any certification under subsection (b) or (c) that a group of workers is eligible to apply for adjustment assistance shall specify the date on which the unemployment or underemployment began or threatens to begin.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>Whenever the President determines, with respect to any certification of the eligibility of a group of workers, that separations from the firm or subdivision thereof are no longer attributable to the conditions specified in Section 301(c) (2) or in subsection (b) (2) of this section, he shall terminate the effect of such certification. Such termination shall apply only with respect to separations occurring after the termination date specified by the President.</content></subsection></section> </chapter> <chapter><num value="2">CHAPTER 2—</num><heading class="inline">ASSISTANCE TO FIRMS</heading> <section> <num value="311">SEC. 311. </num><heading>CERTIFICATION OF ADJUSTMENT PROPOSALS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>A firm certified under section 302 as eligible to apply for adjustment assistance may, at any time within 2 years after the date of such certification, file an application with the Secretary of Commerce for adjustment assistance under this chapter. Within a reasonable time after filing its application, the firm shall present a proposal for its economic adjustment.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>Adjustment assistance under this chapter consists of technical assistance, financial assistance, and tax assistance, which may be furnished singly or in combination. Except as provided in subsection (c), no adjustment assistance shall be provided to a firm under this chapter until its adjustment proposal shall have been certified by the Secretary of Commerce—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to be reasonably calculated materially to contribute to the economic adjustment of the firm,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to give adequate consideration to the interests of the workers of such firm adversely affected by actions taken in carrying out trade agreements, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to demonstrate that the firm will make all reasonable efforts to use its own resources for economic development.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>In order to assist a firm which has applied for adjustment assistance under this chapter in preparing a sound adjustment proposal, the Secretary of Commerce may furnish technical assistance to such firm prior to certification of its adjustment proposal.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Any certification made pursuant to this section shall remain in force only for such period as the Secretary of Commerce may prescribe.</content> </subsection> </section> <section> <num value="312">SEC. 312. </num> <heading>USE OF EXISTING AGENCIES.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>The Secretary of Commerce shall refer each certified adjustment proposal to such agency or agencies as he determines to be appropriate to furnish the technical and financial assistance necessary to carry out such proposal.</content></subsection> <page identifier="/us/stat/76/887">76 <inline class="smallCaps">Stat</inline>. 887</page> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>Upon receipt of a certified adjustment proposal, each agency concerned shall promptly—</chapeau> <paragraph class="firstIndent1 fontsize10"><num value="1">(1) </num><content>examine the aspects of the proposal relevant to its functions, and</content></paragraph> <paragraph class="firstIndent1 fontsize10"><num value="2">(2) </num><content>notify the Secretary of Commerce of its determination as to the technical and financial assistance it is prepared to furnish to carry out the proposal.</content></paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Whenever and to the extent that any agency to which an adjustment proposal has been referred notifies the Secretary of Commerce of its determination not to furnish technical or financial assistance, and if the Secretary of Commerce determines that such assistance is necessary to carry out the adjustment proposal, he may furnish adjustment assistance under sections 313 and 314 to the firm concerned.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>There are hereby authorized to be appropriated to the Secretary of Commerce such sums as may be necessary from time to time to carry out his functions under this chapter in connection with furnishing adjustment assistance to firms, which sums are authorized to be appropriated to remain available until expended.</content> </subsection> </section> <section> <num value="313">SEC. 313. </num> <heading>TECHNICAL ASSISTANCE.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>Upon compliance with section 312(c), the Secretary of Commerce may provide to a firm, on such terms and conditions as he determines to be appropriate, such technical assistance as in his judgment will materially contribute to the economic adjustment of the firm.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>To the maximum extent practicable, the Secretary of Commerce shall furnish technical assistance under this section and section 311(c) through existing agencies, and otherwise through private individuals, firms, or institutions.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The Secretary of Commerce shall require a firm receiving technical assistance under this section or section 311(c) to share the cost thereof to the extent he determines to be appropriate.</content> </subsection> </section> <section> <num value="314">SEC. 314. </num> <heading>FINANCIAL ASSISTANCE.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>Upon compliance with section 312(c), the Secretary of Commerce may provide to a firm, on such terms and conditions as he determines to be appropriate, such financial assistance in the form of guarantees of loans, agreements for deferred participations in loans, or loans, as in his judgment will materially contribute to the economic adjustment of the firm. The assumption of an outstanding indebtedness of the firm, with or without recourse, shall be considered to be the making of a loan for purposes of this section.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>Guarantees, agreements for deferred participations, or loans shall be made under this section only for the purpose of making funds available to the firm—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for acquisition, construction, installation, modernization, development, conversion, or expansion of land, plant, buildings, equipment, facilities, or machinery, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in cases determined by the Secretary of Commerce to be exceptional, to supply working capital.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>To the maximum extent practicable, the Secretary of Commerce shall furnish financial assistance under this section through agencies furnishing financial assistance under other law.</content> </subsection> </section> <section> <num value="315">SEC. 315. </num> <heading>CONDITIONS FOR FINANCIAL ASSISTANCE.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>No loan shall be guaranteed and no agreement for deferred participation in a loan shall be made by the Secretary of Commerce in an amount which exceeds 90 percent of that portion of the loan made for purposes specified in section 314(b).</content></subsection> <page identifier="/us/stat/76/888">76 <inline class="smallCaps">Stat</inline>. 888</page> <subsection class="indent0 fontsize10"><num value="b">(b) </num><paragraph class="inline"><num value="1">(1) </num><chapeau>Any loan made or deferred participation taken up by the Secretary of Commerce shall bear interest at a rate not less than the greater of—</chapeau> <subparagraph class="firstIndent1 fontsize10"><num value="A">(A) </num><content>4 percent per annum, or</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="B">(B) </num><content>a rate determined by the Secretary of the Treasury for the year in which the loan is made or the agreement for such deferred participation is entered into.</content></subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Secretary of the Treasury shall determine annually the rate referred to in paragraph (1)(B), taking into consideration the current average market yields on outstanding interest-bearing marketable public debt obligations of the United States of maturities comparable to those of the loans outstanding under section 314.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Guarantees or agreements for deferred participation shall be made by the Secretary of Commerce only with respect to loans bearing interest at a rate which he determines to be reasonable. In no event shall the guaranteed portion of any loan, or the portion covered by an agreement for deferred participation, bear interest at a rate more than 1 percent per annum above the rate prescribed by subsection (b) (determined when the guarantee is made or the agreement is entered into), unless the Secretary of Commerce shall determine that special circumstances justify a higher rate, in which case such portion of the loan shall bear interest at a rate not more than 2 percent per annum above such prescribed rate.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <chapeau>The Secretary of Commerce shall make no loan or guarantee having a maturity in excess of 25 years, including renewals and extensions, and shall make no agreement for deferred participation in a loan which has a maturity in excess of 25 years, including renewals and extensions. Such limitation on maturities shall not, however, apply to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>securities or obligations received by the Secretary of Commerce as claimant in bankruptcy or equitable reorganization, or as creditor in other proceedings attendant upon insolvency of the obligor, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>an extension or renewal for an additional period not exceeding 10 years, if the Secretary of Commerce determines that such extension or renewal is reasonably necessary for the orderly liquidation of the loan.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>No financial assistance shall be provided under section 314 unless the Secretary of Commerce determines that such assistance is not otherwise available to the firm, from sources other than the United States, on reasonable terms, and that there is reasonable assurance of repayment by the borrower.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>The Secretary of Commerce shall maintain operating reserves with respect to anticipated claims under guarantees and under agreements for deferred participation made under section 314. Such reserves shall be considered to constitute obligations for purposes of section 1311 of the Supplemental Appropriation Act, 1955 (31 U.S.C., <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/830">68 Stat. 830</ref>.</p></sidenote>sec. 200).</content> </subsection> </section> <section> <num value="316">SEC. 316. </num> <heading>ADMINISTRATION OF FINANCIAL ASSISTANCE.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <chapeau>In making and administering guarantees, agreements for deferred participation, and loans under section 314, the Secretary of Commerce may—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>require security for any such guarantee, agreement, or loan, and enforce, waive, or subordinate such security;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>assign or sell at public or private sale, or otherwise dispose of, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with such guarantees, agreements, or loans, and col-<page identifier="/us/stat/76/889">76 <inline class="smallCaps">Stat</inline>. 889</page>lect, compromise, and obtain deficiency judgments with respect to all obligations assigned to or held by him in connection with such guarantees, agreements, or loans until such time as such obligations may be referred to the Attorney General for suit or collection;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>renovate, improve, modernize, complete, insure, rent, sell, or otherwise deal with, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any real or personal property conveyed to or otherwise acquired by him in connection with such guarantees, agreements, or loans;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>acquire, hold, transfer, release, or convey any real or personal property or any interest therein whenever deemed necessary or appropriate, and execute all legal documents for such purposes; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>exercise all such other powers and take all such other acts as may be necessary or incidental to the carrying out of functions pursuant to section 314.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Any mortgage acquired as security under subsection (a) shall be recorded under applicable State law.</content> </subsection> </section> <section> <num value="317">SEC. 317. </num> <heading>TAX ASSISTANCE.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <chapeau>If—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to carry out an adjustment proposal of a firm certified pursuant to section 311, such firm applies for tax assistance under this section within 24 months after the close of a taxable year and alleges in such application that it has sustained a net operating loss for such taxable year,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the Secretary of Commerce determines that any such alleged loss for such taxable year arose predominantly out of the carrying on of a trade or business which was seriously injured, during such year, by the increased imports which the Tariff Commission has determined to result from concessions granted under trade agreements, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the Secretary of Commerce determines that tax assistance under this section will materially contribute to the economic adjustment of the firm,</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">then the Secretary of Commerce shall certify such determinations with respect to such firm for such taxable year. No determination or certification under this subsection shall constitute a determination of the existence or amount of any net operating loss for purposes of section 172 of the Internal Revenue Code of 1954. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s172">26 USC 172</ref>; <i>Infra</i>.</p></sidenote></continuation> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Effective with respect to net operating losses for taxable years ending after December 31, 1955, subsection (b) of section 172 of the Internal Revenue Code of 1954 (relating to net operating loss carrybacks <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68A/63">68A Stat. 63</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1678">72 Stat. 1678</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 648.</p></sidenote>and carryovers) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <heading><inline class="smallCaps">Net Operating Loss Carrybacks and Carryovers</inline>.—</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading><inline class="smallCaps">Years to which loss may be carried</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"><num value="A">“(A) </num><clause class="inline"><num value="i">(i) </num><content>Except as provided in clause (ii), a net operating loss for any taxable year ending after December 31, 1957, shall be a net operating loss carryback to each of the 3 taxable years preceding the taxable year of such loss.</content></clause> <clause class="indent0 fontsize10"> <num value="ii">“(ii) </num> <content>In the case of a taxpayer with respect to a taxable year ending on or after December 31, 1962, for which a certification has been issued under section 317 of the Trade Expansion Act of 1962, a net operating loss for such taxable year shall be a net operating loss carryback to each of the 5 taxable years preceding the taxable year of such loss.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Except as provided in subparagraph (C), a net operating loss for any taxable year ending after December 31, 1955, shall be a net operating loss carryover to each of the 5 taxable years following the taxable year of such loss.</content></subparagraph> <page identifier="/us/stat/76/890">76 <inline class="smallCaps">Stat</inline>. 890</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>In the case of a taxpayer which is a regulated transportation <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 649.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s172">26 USC 172</ref>.</p></sidenote>corporation (as denned in subsection (j)(l)), a net operating loss for any taxable, year ending after December 31, 1955, shall (except as provided in subsection (j)) be a net operating loss carryover to each of the 7 taxable years following the taxable year of such loss.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading><inline class="smallCaps">Amount of carrybacks and carryovers</inline>.—</heading> <chapeau>Except as provided in subsections (i) and (j), the entire amount of the net operating loss for any taxable year (hereinafter in this section referred to as the ‘loss year’) shall be carried to the earliest of the taxable years to which (by reason of paragraph (1)) such loss may be carried. The portion of such loss which shall be carried to each of the other taxable years shall be the excess, if any, of the amount of such loss over the sum of the taxable income for each of the prior taxable years to which such loss may be carried. For purposes of the preceding sentence, the taxable income for any such prior taxable year shall be computed—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>with the modifications specified in subsection (d) other than paragraphs (1), (4), and (6) thereof; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>by determining the amount of the net operating loss deduction without regard to the net operating loss for the loss year or for any taxable year thereafter,</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">and the taxable income so computed shall not be considered to be less than zero.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading><inline class="smallCaps">Special rules</inline>.—</heading> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau>Paragraph (1)(A)(ii) shall apply only if—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>there has been filed, at such time and in such manner as may be prescribed by the Secretary or his delegate, a notice of filing of the application under section 317 of the Trade Expansion Act of 1962 for tax assistance, and, after its issuance, a copy of the certification under such section, and</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>the taxpayer consents in writing to the assessment, within such period as may be agreed upon with the Secretary or his delegate, of any deficiency for any year to the extent attributable to the disallowance of a deduction previously allowed with respect to such net operating loss, even though at the time of filing such consent the assessment of such deficiency would otherwise be prevented by the operation of any law or rule of law.</content> </clause> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau>In the case of—</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>a partnership and its partners, or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>an electing small business corporation under subchapter S and its shareholders,</content></clause> <continuation class="indent0 firstIndent0 fontsize10">paragraph (1) (A) (ii) shall apply as determined under regulations prescribed by the Secretary or his delegate. Such paragraph shall apply to a net operating loss of a partner or such a shareholder only if it arose predominantly from losses in respect of which certifications under section 317 of the Trade Expansion Act of 1962 were filed under this section.”</continuation> </subparagraph></paragraph></subsection> </quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><content>Subsection (n) of section 6501 of the Internal Revenue Code of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1663">72 Stat. 1663</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s6501">26 USC 6501</ref>.</p></sidenote>1954 (relating to limitations on assessment and collection in the case of net operating loss carrybacks) is amended by inserting before the period:, or within 18 months after the date on which the taxpayer <sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote>files in accordance with section 172(b) (3) a copy of the certification (with respect to such taxable year) issued under section 317 of the Trade Expansion Act of 1962, whichever is later”.</content></subsection> <page identifier="/us/stat/76/891">76 <inline class="smallCaps">Stat</inline>. 891</page> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>Section 6511(d) (2) (A) of the Internal Revenue Code of 1954 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68A/808">68A Stat. 808</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s6511">26 USC 6511</ref>.</p></sidenote>(relating to special period of limitation on credit or refund with respect to net operating loss carrybacks) is amended to read as follows: <quotedContent> <subparagraph class="firstIndent1 fontsize10"><num value="A">“(A) </num><heading><inline class="smallCaps">Period of limitation</inline>.—</heading> <chapeau>If the claim for credit or refund relates to an overpayment attributable to a net operating loss carryback, in lieu of the 3-year period of limitation prescribed in subsection (a), the period shall be that period which ends with the expiration of the 15th day of the 40th month (or the 39th month, in the case of a corporation) following the end of the taxable year of the net operating loss which results in such carryback, or the period prescribed in subsection (c) in respect of such taxable year, whichever expires later; except that—</chapeau> <clause class="firstIndent1 fontsize10"><num value="i">“(i) </num><content>with respect to an overpayment attributable to a net operating loss carryback to any year on account of a certification issued to the taxpayer under section 317 of the Trade Expansion Act of 1962, the period shall not expire before the expiration of the sixth month following the month in which such certification is issued to the taxpayer, and</content></clause> <clause class="firstIndent1 fontsize10"><num value="ii">“(ii) </num><content>with respect to an overpayment attributable to the creation of, or an increase m, a net operating loss carryback as a result of the elimination of excessive profits by a renegotiation (as defined in section 1481(a)(1) <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68A/362">68A Stat. 362</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s1481">26 USC 1481</ref>.</p></sidenote>(A)), the period shall not expire before September 1, 1959, or the expiration of the twelfth month following the month in which the agreement or order for the elimination of such excessive profits becomes final, whichever is the later.</content></clause> <continuation class="indent0 firstIndent0 fontsize10">In the case of such a claim, the amount of the credit or refund may exceed the portion of the tax paid within the period provided in subsection (b)(2) or (c), whichever is applicable, to the extent of the amount of the overpayment attributable to such carryback.”</continuation> </subparagraph> </quotedContent></content> </subsection> </section> <section> <num value="318">SEC. 318. </num> <heading>PROTECTIVE PROVISIONS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>Each recipient of adjustment assistance under section 313, 314, or 317 shall keep records which fully disclose the amount and disposition by such recipient of the proceeds, if any, of such adjustment assistance, and which will facilitate an effective audit. The recipient shall also keep such other records as the Secretary of Commerce may prescribe.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The Secretary of Commerce and the Comptroller General of the United States shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient pertaining to adjustment assistance under sections 313, 314, and 317.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <chapeau>No adjustment assistance shall be extended under section 313, 314, or 317 to any firm unless the owners, partners, or officers certify to the Secretary of Commerce—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the names of any attorneys, agents, and other persons engaged by or on behalf of the firm for the purpose of expediting applications for such adjustment assistance, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the fees paid or to be paid to any such person.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>No financial assistance shall be provided to any firm under section 314 unless the owners, partners, or officers shall execute an agreement binding them and the firm for a period of 2 years after such financial assistance is provided, to refrain from employing, tendering any office or employment to, or retaining for professional services any person who, on the date such assistance or any part thereof was provided, or within one year prior thereto, shall have <page identifier="/us/stat/76/892">76 <inline class="smallCaps">Stat</inline>. 892</page>served as an officer, attorney, agent, or employee occupying a position or engaging in activities which the Secretary of Commerce shall have determined involve discretion with respect to the provision of such financial assistance.</content> </subsection> </section> <section> <num value="319">SEC. 319. </num> <heading>PENALTIES.</heading> <content>Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, or whoever willfully overvalues any security, for the purpose of influencing in any way the action of the Secretary of Commerce under this chapter, or for the purpose of obtaining money, property, or anything of value under this chapter, shall be fined not more than $5,000 or imprisoned for not more than two years, or both.</content> </section> <section> <num value="320">SEC. 320. </num> <heading>SUITS.</heading> <content>In providing technical and financial assistance under sections 313 and 314, the Secretary of Commerce may sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, and jurisdiction is conferred upon such district court to determine such controversies without regard to the amount in controversy; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against him or his property. Nothing in this section shall be construed to except the activities pursuant to sections 313 and 314 from the application of sections <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/910/984">62 Stat. 910, 984</ref>; <ref href="/us/stat/75/539">75 Stat. 539</ref>.</p></sidenote>507(b) and 2679 of title 28 of the United States Code, and of section 367 of the Revised Statutes (5 U.S.C., sec. 316).</content> </section> </chapter> <chapter><num value="3">CHAPTER 3—</num><heading class="inline">ASSISTANCE TO WORKERS</heading> <section> <num value="321">SEC. 321. </num><heading>AUTHORITY.</heading> <content>The Secretary of Labor shall determine whether applicants are entitled to receive assistance under this chapter and shall pay or provide such assistance to applicants who are so entitled.</content></section> <subchapter><num value="A"><b>Subchapter A—</b></num><heading class="inline"><b>Trade Readjustment Allowances</b></heading> <section> <num value="322">SEC. 322. </num> <heading>QUALIFYING REQUIREMENTS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>Payment of a trade readjustment allowance shall be made to an adversely affected worker who applies for such allowance for any week of unemployment which begins after the 30th day after the date of the enactment of this Act and after the date determined under section 302(d), subject to the requirements of subsections (b) and (c).</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>Total or partial separation shall have occurred—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>after the date of the enactment of this Act, and after the date determined under section 302(d), and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>before the expiration of the 2-year period beginning on the day on which the most recent determination under section 302(d) was made, and before the termination date (if any) specified under section 302(e).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <chapeau>Such worker shall have had—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in the 156 weeks immediately preceding such total or partial separation, at least 78 weeks of employment at wages of $15 or more a week, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in the 52 weeks immediately preceding such total or partial separation, at least 26 weeks of employment at wages of $15 or more a week in a firm or firms with respect to which a determination of unemployment or underemployment under section 302 has been made, or</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">if data with respect to weeks of employment are not available, equivalent amounts of employment computed under regulations prescribed by the Secretary of Labor.</continuation> </subsection> </section> <page identifier="/us/stat/76/893">76 <inline class="smallCaps">Stat</inline>. 893</page> <section> <num value="323">SEC. 323. </num> <heading>WEEKLY AMOUNTS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>Subject to the other provisions of this section, the trade readjustment allowance payable to an adversely affected worker for a week of unemployment shall be an amount equal to 65 percent of his average weekly wage or to 65 percent of the average weekly manufacturing wage, whichever is less, reduced by 50 percent of the amount of his remuneration for services performed during such week.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Any adversely affected worker who is entitled to trade readjustment allowances and who is undergoing training approved by the Secretary of Labor, including on-the-job training, shall receive for each week in which he is undergoing any such training, a trade readjustment allowance in an amount (computed for such week) equal to the amount computed under subsection (a) or (if greater) the amount of any weekly allowance for such training to which he would be entitled under any other Federal law for the training of workers, if he applied for such allowance. Such trade readjustment allowance shall be paid in lieu of any training allowance to which the worker would be entitled under such other Federal law.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The amount of trade readjustment allowance payable to an adversely affected worker under subsection (a) or (b) for any week shall be reduced by any amount of unemployment insurance which he has received or is seeking with respect to such week; but, if the appropriate State or Federal agency finally determines that the worker was not entitled to unemployment insurance with respect to such week, the reduction shall not apply with respect to such week.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <content>If unemployment insurance, or a training allowance under the Manpower Development and Training Act of 1962 or the Area <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 23.</p></sidenote>Redevelopment Act, is paid to an adversely affected worker for any <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/47">75 Stat. 47</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2501">42 USC 2501 note</ref>.</p></sidenote>week of unemployment with respect to which he would be entitled (determined without regard to subsection (c) or (e) or to any disqualification under section 327) to a trade readjustment allowance <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 895.</p></sidenote>if he applied for such allowance, each such week shall be deducted from the total number of weeks of trade readjustment allowance otherwise payable to him under section 324(a) when he applies for a trade readjustment allowance and is determined to be entitled to such allowance. If the unemployment insurance or the training allowance paid to such worker for any week of unemployment is less than the amount of the trade readjustment allowance to which he would be entitled if he applied for such allowance, he shall receive, when he applies for a trade readjustment allowance and is determined to be entitled to such allowance, a trade readjustment allowance for such week equal to such difference.</content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>Whenever, with respect to any week of unemployment, the total amount payable to an adversely affected worker as remuneration for services performed during such week, as unemployment insurance, as a training allowance referred to in subsection (d), and as a trade readjustment allowance would exceed 75 percent of his average weekly wage, his trade readjustment allowance for such week shall be reduced by the amount of such excess.</content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f) </num> <content>The amount of any weekly payment to be made under this section which is not a whole dollar amount shall be rounded upward to the next higher whole dollar amount.</content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g) </num><paragraph class="inline"><num value="1">(1) </num><chapeau>If unemployment insurances is paid under a State law to an adversely affected worker for a week for which—</chapeau> <page identifier="/us/stat/76/894">76 <inline class="smallCaps">Stat</inline>. 894</page> <subparagraph class="firstIndent1 fontsize10"><num value="A">(A) </num><content>he receives a trade readjustment allowance, or</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="B">(B) </num><content>he makes application for a trade readjustment allowance and would be entitled (determined without regard to subsection (c) or (e)) to receive such allowance,</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">the State agency making such payment shall, unless it has been reimbursed for such payment under other Federal law, be reimbursed from funds appropriated pursuant to section 337, to the extent such payment does not exceed the amount of the trade readjustment allowance which such worker would have received, or would have been entitled to receive, as the case may be, if he had not received the State payment. The amount of such reimbursement shall be determined by the Secretary of Labor on the basis of reports furnished to him by the State agency.</continuation></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>In any case in which a State agency is reimbursed under paragraph (1) for payments of unemployment insurance made to an adversely affected worker, such payments, and the period of unemployment of such worker for which such payments were made, may be disregarded under the State law (and for purposes of applying section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68A/440">68A Stat. 440</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3303">26 USC 3303</ref>.</p></sidenote>3303 of the Internal Revenue Code of 1954) in determining whether or not an employer is entitled to a reduced rate of contributions permitted by the State law.</content> </paragraph> </subsection> </section> <section> <num value="324">SEC 324. </num> <heading>TIME LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <chapeau>Payment of trade readjustment allowances shall not be made to an adversely affected worker for more than 52 weeks, except, that, in accordance with regulations prescribed by the Secretary of Labor—</chapeau> <paragraph class="firstIndent1 fontsize10"><num value="1">(1) </num><content>such payments may be made for not more than 26 additional weeks to an adversely affected worker to assist him to complete training approved by the Secretary of Labor, or</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>such payments shall be made for not more than 13 additional weeks to an adversely affected worker who had reached his 60th birthday on or before the date of total or partial separation, (b) Except for a payment made for an additional week specified in subsection (a), a trade readjustment allowance shall not be paid for a week of unemployment beginning more than 2 years after the beginning of the appropriate week. A trade readjustment allowance shall not be paid for any additional week specified in subsection (a) if such week begins more than 3 years after the beginning of the appropriate week. The appropriate week for a totally separated worker is the week of his most recent total separation. The appropriate week for a partially separated worker is the week in respect of which he first receives a trade readjustment allowance following his most recent partial separation.</content> </paragraph> </subsection> </section> <section> <num value="325">SEC. 325. </num> <heading>APPLICATION OF STATE LAWS.</heading> <chapeau>Except where inconsistent with the provisions of this chapter and subject to such regulations as the Secretary of Labor may prescribe, the availability and disqualification provisions of the State law—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>under which an adversely affected worker is entitled to unemployment insurance (whether or not he has filed a claim for such insurance), or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if he is not so entitled to unemployment insurance, of the State in which he was totally or partially separated,</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall apply to any such worker who files a claim for trade readjustment allowances. The State law so determined with respect to a separation of a worker shall remain applicable, for purposes of the preceding sentence, with respect to such separation until such worker becomes entitled to unemployment insurance under another State law (whether or not he has filed a claim for such insurance).</continuation> </section> </subchapter> <page identifier="/us/stat/76/895">76 <inline class="smallCaps">Stat</inline>. 895</page> <subchapter><num value="B"><b>Subchapter B—</b></num><heading class="inline"><b>Training</b></heading> <section> <num value="326">SEC. 326. </num> <heading>IN GENERAL.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>To assure that the readjustment of adversely affected workers shall occur as quickly and effectively as possible, with minimum reliance upon trade readjustment allowances under this chapter, every effort shall be made to prepare each such worker for full employment in accordance with his capabilities and prospective employment opportunities. To this end, and subject to this chapter, adversely affected workers shall be afforded, where appropriate, the testing, counseling, training, and placement services provided for under any Federal law. Such workers may also be afforded supplemental assistance necessary to defray transportation and subsistence expenses for separate maintenance when such training is provided in facilities which are not within commuting distance of their regular place of residence. The Secretary of Labor in defraying such subsistence expenses shall not afford any individual an allowance exceeding $5 a day; nor shall the Secretary authorize any transportation expense exceeding the rate of 10 cents per mile.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>To the extent practicable, before adversely affected workers are referred to training, the Secretary of Labor shall consult with such workers’ firm and their certified or recognized union or other duly authorized representative and develop a worker retraining plan which provides for training such workers to meet the manpower needs of such firm, in order to preserve or restore the employment relationship between the workers and the firm.</content> </subsection> </section> <section> <num value="327">SEC. 327. </num> <heading>DISQUALIFICATION FOR REFUSAL OF TRAINING, ETC.</heading> <content>Any adversely affected worker who, without good cause, refuses to accept or continue, or fails to make satisfactory progress in, suitable training to which he has been referred by the Secretary of Labor shall not thereafter be entitled to trade readjustment allowances until he enters or resumes training to which he has been so referred.</content> </section> </subchapter> <subchapter><num value="C"><b>Subchapter C—</b></num><heading class="inline"><b>Relocation Allowances</b></heading> <section> <num value="328">SEC 328. </num> <heading>RELOCATION ALLOWANCES AFFORDED.</heading> <content>Any adversely affected worker who is the head of a family as defined in regulations prescribed by the Secretary of Labor and who has been totally separated may file an application for a relocation allowance, subject to the terms and conditions of this subchapter.</content> </section> <section> <num value="329">SEC. 329. </num> <heading>QUALIFYING REQUIREMENTS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <chapeau>A relocation allowance may be granted only to assist an adversely affected worker in relocating within the United States and only if the Secretary of Labor determines that such worker cannot reasonably be expected to secure suitable employment in the commuting area in which he resides and that such worker—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which he wishes to relocate, or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>has obtained a bona fide offer of such employment.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>A relocation allowance shall not be granted to such worker unless—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for the week in which the application for such allowance is filed, he is entitled (determined without regard to section 323 (c) and (e)) to a trade readjustment allowance or would be so entitled (determined without regard to whether he filed application therefor) but for the fact that he has obtained the employment referred to in subsection (a) (1), and</content></paragraph> <page identifier="/us/stat/76/896">76 <inline class="smallCaps">Stat</inline>. 896</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>such relocation occurs within a reasonable period after the filing of such application or (in the case of a worker who has been referred to training by the Secretary of Labor) within a reasonable period after the conclusion of such training.</content> </paragraph> </subsection> </section> <section> <num value="330">SEC. 330. </num> <heading>RELOCATION ALLOWANCE DEFINED.</heading> <chapeau><sidenote><p class="firstIndent1 fontsize8">“Relocation allowance.”</p></sidenote> For purposes of this subchapter, the term “relocation allowance” means—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the reasonable and necessary expenses, as specified in regulations prescribed by the Secretary of Labor, incurred in transporting a worker and his family and their household effects, and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a lump sum equivalent to two and one-half times the average weekly manufacturing wage.</content></paragraph> </section> </subchapter> <subchapter><num value="D"><b>Subchapter D—</b></num><heading class="inline"><b>General Provisions</b></heading> <section> <num value="331">SEC. 331. </num> <heading>AGREEMENTS WITH STATES.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>The Secretary of Labor is authorized on behalf of the United States to enter into an agreement with any State, or with any State agency. Under such an agreement, the State agency (1) as agent of the United States, will receive applications for, and will provide, assistance on the basis provided in this chapter, (2) where appropriate, will afford adversely affected workers who apply for assistance under this chapter testing, counseling, referral to training, and placement services, and (3) will otherwise cooperate with the Secretary of Labor and with other State and Federal agencies in providing assistance under this chapter.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Each agreement under this subchapter shall provide the terms and conditions upon which the agreement may be amended, suspended, or terminated.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Each agreement under this subchapter shall provide that unemployment insurance otherwise payable to any adversely affected worker will not be denied or reduced for any week by reason of any right to allowances under this chapter.</content> </subsection> </section> <section> <num value="332">SEC. 332. </num> <heading>PAYMENTS TO STATES.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>The Secretary of Labor shall from time to time certify to the Secretary of the Treasury for payment to each State which has entered into an agreement under section 331(1) the sums necessary to enable such State as agent of the United States to make payments of allowances provided for by this chapter, and (2) the sums reimbursable to a State pursuant to section 323(g). The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payment to the State in accordance with such certification, from the funds for carrying out the purposes of this chapter. Sums reimbursable to a State pursuant to section 323(g) shall be credited to the account of such State in the Unemployment Trust Fund and shall be used only for the payment of cash benefits to individuals with respect to their unemployment, exclusive of expenses of administration.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>All money paid a State under this section shall be used solely for the purposes for which it is paid; and any money so paid which is not used for such purposes shall be returned, at the time specified in the agreement under this subchapter, to the Treasury and credited to current applicable appropriations, funds, or accounts from which payments to States under this section may be made.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Any agreement under this subchapter may require any officer or employee of the State certifying payments or disbursing funds under the agreement, or otherwise participating in the performance of the agreement, to give a surety bond to the United States in such amount as the Secretary of Labor may deem necessary, and may provide for the payment of the cost of such bond from funds for carrying out the purposes of this chapter.</content></subsection> </section> <page identifier="/us/stat/76/897">76 <inline class="smallCaps">Stat</inline>. 897</page> <section> <num value="333">SEC. 333. </num> <heading>LIABILITIES OF CERTIFYING AND DISBURSING OFFICERS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>No person designated by the Secretary of Labor, or designated pursuant to an agreement under this subchapter, as a certifying officer, shall, in the absence of gross negligence or intent to defraud the United States, be liable with respect to the payment of any allowance certified by him under this chapter.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>No disbursing officer shall, in the absence of gross negligence or intent to defraud the United States, be liable with respect to any payment by him under this chapter if it was based upon a voucher signed by a certifying officer designated as provided in subsection (a).</content> </subsection> </section> <section> <num value="334">SEC. 334. </num> <heading>RECOVERY OF OVERPAYMENTS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <chapeau>If a State agency or the Secretary of Labor, or a court of competent jurisdiction finds that any person—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>has made, or has caused to be made by another, a false statement or representation of a material fact knowing it to be false, or has knowingly failed or caused another to fail to disclose a material fact; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>as a result of such action has received any payment of allowances under this chapter to which he was not entitled, such person shall be liable to repay such amount to the State agency or the Secretary of Labor, as the case may be, or either may recover such amount by deductions from any allowance payable to such person under this chapter. Any such finding by a State agency or the Secretary of Labor may be made only after an opportunity for a fair hearing.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Any amount repaid to a State agency under this section shall be deposited into the fund from which payment was made. Any amount repaid to the Secretary of Labor under this section shall be returned to the Treasury and credited to the current, applicable appropriation, fund, or account from which payment was made.</content> </subsection> </section> <section> <num value="335">SEC. 335. </num> <heading>PENALTIES.</heading> <content>Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for himself or for any other person any payment or assistance authorized to be furnished under this chapter or pursuant to an agreement under section 331 shall be fined not more than $1,000 or imprisoned for not more than one year, or both.</content> </section> <section> <num value="336">SEC. 336. </num> <heading>REVIEW.</heading> <content>Except as may be provided in regulations prescribed by the Secretary of Labor to carry out his functions under this chapter, determinations under this chapter as to the entitlement of individuals for adjustment assistance shall be final and conclusive for all purposes and not subject to review by any court or any other officer. To the maximum extent practicable and consistent with the purposes of this chapter, such regulations shall provide that such determinations by a State agency will be subject to review in the same manner and to the same extent as determinations under the State law.</content> </section> <section> <num value="337">SEC. 337. </num> <heading>AUTHORIZATION OF APPROPRIATIONS.</heading> <content>There are hereby authorized to be appropriated to the Secretary of Labor such sums as may be necessary from time to time to carry out his functions under this chapter in connection with furnishing adjustment assistance to workers, which sums are authorized to be appropriated to remain available until expended.</content> </section> <section> <num value="338">SEC. 338. </num> <heading>DEFINITIONS.</heading> <chapeau>For purposes of this chapter—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The term “adversely affected employment” means employment in a firm or appropriate subdivision of a firm, if workers of such firm or subdivision are eligible to apply for adjustment assistance under this chapter.</content></paragraph> <page identifier="/us/stat/76/898">76 <inline class="smallCaps">Stat</inline>. 898</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>The term “adversely affected worker” means an individual who, because of lack of work in an adversely affected employment—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>has been totally or partially separated from such employment, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>has been totally separated from employment with the firm in a subdivision of which such adversely affected employment exists.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The term “average weekly manufacturing wage” means the national gross average weekly earnings of production workers in manufacturing industries for the latest calendar year (as officially published annually by the Bureau of Labor Statistics of the Department of Labor) most recently published before the period for which the assistance under this chapter is furnished.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The term “average weekly wage” means one-13th of the total wages paid to an individual in the high quarter. For purposes of this computation, the high quarter shall be that quarter in which the individual’s total wages were highest among the first 4 of the last 5 completed calendar quarters immediately before the quarter in which occurs the week with respect to which the computation is made. Such week shall be the week in which total separation occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary of Labor.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>The term “average weekly hours” means the average hours worked by the individual (excluding overtime) in the employment from which he has been or claims to have been separated in the 52 weeks (excluding weeks during which the individual was sick or on vacation) preceding the week specified in the last sentence of paragraph (4).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>The term “partial separation” means, with respect to an individual who has not been totally separated, that he has had his hours of work reduced to 80 percent or less or his average weekly hours in adversely affected employment and his wages reduced to 75 percent or less of his average weekly wage in such adversely affected employment.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>The term “remuneration” means wages and net earnings derived from services performed as a self-employed individual.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>The term “State” includes the District of Columbia and the Commonwealth of Puerto Rico; and the term “United States” when used in the geographical sense includes such Commonwealth.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>The term “State agency” means the agency of the State which administers the State law.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>The term “State law” means the unemployment insurance law of the State approved by the Secretary of Labor under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68A/443">68A Stat. 443</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304</ref>.</p></sidenote>section 3304 of the Internal Revenue Code of 1954.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>The term “total separation” means the layoff or severance of an individual from employment with a firm in which, or in a subdivision of which, adversely affected employment exists.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>The term “unemployment insurance” means the unemployment insurance payable to an individual under any State Jaw or Federal unemployment insurance law, including title <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1361/1371">42 USC 1361–1371</ref>; <ref href="/us/usc/t45/s367">45 USC 367</ref>; <ref href="/us/usc/t42/s1400l">42 USC 1400<i>l</i> note</ref>.</p></sidenote>XV of the Social Security Act, the Railroad Unemployment Insurance Act, and the Temporary Extended Unemployment Compensation Act of 1961.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content>The term “week” means a week as defined in the applicable State law.</content></paragraph> <page identifier="/us/stat/76/899">76 <inline class="smallCaps">Stat</inline>. 899</page> <paragraph class="firstIndent1 fontsize10"> <num value="14">(14) </num><chapeau>The term “week of unemployment” means with respect to an individual any week for which his remuneration for services performed during such week is less than 75 percent of his average weekly wage and in which, because of lack of work—</chapeau> <subparagraph class="firstIndent1 fontsize10"><num value="A">(A) </num><content>if he has been totally separated, he worked less than the full-time week (excluding overtime) in his current occupation, or</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="B">(B) </num><content>if he has been partially separated, he worked 80 percent or less of his average weekly hours.</content></subparagraph> </paragraph></section></subchapter> </chapter> <chapter><num value="4">CHAPTER 4—</num><heading class="inline">TARIFF ADJUSTMENT</heading> <section> <num value="351">SEC. 351. </num><heading>AUTHORITY.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num><paragraph class="inline"><num value="1">(1) </num><content>After receiving an affirmative finding of the Tariff Commission under section 301(b) with respect to an industry, the President may proclaim such increase in, or imposition of, any duty or other import restriction on the article causing or threatening to cause serious injury to such industry as he determines to be necessary to prevent or remedy serious injury to such industry.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>If the President does not, within 60 days after the date on which he receives such affirmative finding, proclaim the increase in, or imposition of, any duty or other import restriction on such article found and reported by the Tariff Commission pursuant to section 301(e)—</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>he shall immediately submit a report to the House of Representatives <sidenote><p class="firstIndent1 fontsize8">Presidential report to Congress.</p></sidenote>and to the Senate stating why he has not proclaimed such increase or imposition, and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>such increase or imposition shall take effect (as provided in paragraph (3)) upon the adoption by both Houses of the Congress (within the 60-day period following the date on which the report referred to in subparagraph (A) is submitted to the House of Representatives and the Senate), by the yeas and nays by the affirmative vote of a majority of the authorized membership of each House, of a concurrent resolution stating in effect that the Senate and House of Representatives approve the increase in, or imposition of, any duty or other import restriction on the article found and reported by the Tariff Commission.</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">For purposes of subparagraph (B), in the computation of the 60-day period there shall be excluded the days on which either House is not in session because of adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die. The report referred to in subparagraph (A) shall be delivered to both Houses of the Congress on the same day and shall be delivered to the Clerk of the House of Representatives it the House of Representatives is not in session and to the Secretary of the Senate if the Senate is not in session.</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>In any case in which the contingency set forth in paragraph (2) (B) occurs, the President shall (within 15 days after the adoption of such resolution) proclaim the increase in, or imposition of, any duty or other import restriction on the article which was found and reported by the Tariff Commission pursuant to section 301(e).</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The President may, within 60 days after the date on which he receives an affirmative finding of the Tariff Commission under section 301 (b) with respect to an industry, request additional information from the Tariff Commission. The Tariff Commission shall, as soon as practicable but in no event more than 120 days after the date on which it receives the President’s request, furnish additional information with respect to such industry in a supplemental report. For purposes of paragraph (2), the date on which the President receives such supplemental report shall be treated as the date on which the Presi-<page identifier="/us/stat/76/900">76 <inline class="smallCaps">Stat</inline>. 900</page>dent received the affirmative finding of the Tariff Commission with respect to such industry.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <chapeau>No proclamation pursuant to subsection (a) shall be made—</chapeau> <paragraph class="firstIndent1 fontsize10"><num value="1">(1) </num><content>increasing any rate of duty to a rate more than 50 percent above the rate existing on July 1, 1934, or, if the article is dutiable but no rate existed on July 1, 1934, the rate existing at the time of the proclamation,</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in the case of an article not subject to duty, imposing a duty in excess of 50 percent ad valorem.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">For purposes of paragraph (1), the term “existing on July 1, 1934” has the meaning assigned to such term by paragraph (5) of section 256.</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num><paragraph class="inline"><num value="1">(1) </num><chapeau>Any increase in, or imposition of, any duty or other import restriction proclaimed pursuant to this section or section 7 of the <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 882.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1364">19 USC 1364</ref>.</p></sidenote>Trade Agreements Extension Act of 1951—</chapeau> <subparagraph class="firstIndent1 fontsize10"><num value="A">(A) </num><content>may be reduced or terminated by the President when he determines, after taking into account the advice received from the Tariff Commission under subsection (d)(2) and after seeking advice of the Secretary of Commerce and the Secretary of Labor, that such reduction or termination is in the national interest, and</content></subparagraph> <subparagraph class="firstIndent1 fontsize10"><num value="B">(B) </num><content>unless extended under paragraph (2), shall terminate not later than the close of the date which is 4 years (or, in the case of any such increase or imposition proclaimed pursuant to such section 7, 5 years) after the effective date of the initial proclamation or the date of the enactment of this Act, whichever date is the later.</content></subparagraph></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Any increase in, or imposition of, any duty or other import restriction proclaimed pursuant to this section or pursuant to section 7 of the Trade Agreements Extension Act of 1951 may be extended in whole or in part by the President for such periods (not in excess of 4 years at any one time) as he may designate if he determines, after taking into account the advice received from the Tariff Commission under subsection (d) (3) and after seeking advice of the Secretary of Commerce and the Secretary of Labor, that such extension is in the national interest.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d) </num><paragraph class="inline"><num value="1">(1) </num><content>So long as any increase in, or imposition of, any duty or other import restriction pursuant to this section or pursuant to section 7 of the Trade Agreements Extension Act of 1951 remains in effect, the Tariff Commission shall keep under review developments with respect to the industry concerned, and shall make annual reports to the President concerning such developments.</content></paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Upon request of the President or upon its own motion, the Tariff Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of the reduction or termination of the increase in, or imposition of, any duty or other import restriction pursuant to this section or section 7 of the Trade Agreements Extension Act of 1951.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Upon petition on behalf of the industry concerned, filed with the Tariff Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date any increase or imposition referred to in paragraph (1) or (2) of subsection (c) is to terminate by reason of the expiration of the applicable period prescribed in paragraph (1) or an extension thereof under paragraph (2), the Tariff Commission shall advise the President of its judgment as to the probable economic effect on such industry of such termination.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>In advising the President under this subsection as to the probable economic effect on the industry concerned, the Tariff Commission shall take into account all economic factors which it considers <page identifier="/us/stat/76/901">76 <inline class="smallCaps">Stat</inline>. 901</page>relevant, including idling of productive facilities, inability to operate at a level of reasonable profit, and unemployment or underemployment.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Advice by the Tariff Commission under this subsection shall be given on the basis of an investigation during the course of which the Tariff Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>The President, as soon as practicable, shall take such action as he determines to be necessary to bring trade agreements entered into under section 350 of the Tariff Act of 1930 into conformity with the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/943">48 Stat. 943</ref>; <i>Ante</i>, pp. 881–883.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1351">19 USC 1351</ref>.</p></sidenote>provisions of this section. No trade agreement shall be entered into under section 201(a) unless such agreement permits action in conformity with the provisions of this section.</content> </subsection> </section> <section> <num value="352">SEC. 352. </num> <heading>ORDERLY MARKETING AGREEMENTS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>After receiving an affirmative finding of the Tariff-Commission under section 301(b) with respect to an industry, the President may, in lieu of exercising the authority contained in section 351(a) (1) but subject to the provisions of sections 351(a) (2), (3), and (4), negotiate international agreements with foreign countries limiting the export from such countries and the import into the United States of the article causing or threatening to cause serious injury to such industry, whenever he determines that such action would be more appropriate to prevent or remedy serious injury to such industry than action under section 351(a) (1).</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>In order to carry out an agreement concluded under subsection <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote>(a), the President is authorized to issue regulations governing the entry or withdrawal from warehouse of the article covered by such agreement. In addition, in order to carry out a multilateral agreement concluded under subsection (a) among countries accounting for a significant part of world trade in the article covered by such agreement, the President is also authorized to issue regulations governing the entry or withdrawal from warehouse of the like article which is the product of countries not parties to such agreement.</content></subsection></section> </chapter> <chapter><num value="5">CHAPTER 5—</num><heading class="inline">ADVISORY BOARD</heading> <section> <num value="361">SEC. 361. </num><heading>ADJUSTMENT ASSISTANCE ADVISORY BOARD.</heading> <subsection class="indent0 fontsize10"><num value="a">(a) </num> <content>There is hereby created the Adjustment Assistance Advisory Board, which shall consist of the Secretary of Commerce, as Chairman, and the Secretaries of the Treasury, Agriculture, Labor, Interior, and Health, Education, and Welfare, the Administrator of the Small Business Administration, and such other officers as the President deems appropriate. Each member of the Board may designate an officer of his agency to act for him as a member of the Board. The Chairman may from time to time invite the participation of officers of other agencies of the executive branch.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>At the request of the President, the Board shall advise him and the agencies furnishing adjustment assistance pursuant to chapters 2 and 3 on the development of coordinated programs for such assistance, giving full consideration to ways of preserving and restoring the employment relationship of firms and workers where possible, consistent with sound economic adjustment.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>The Chairman may appoint for any industry an industry committee composed of members representing employers, workers, and the public, for the purpose of advising the Board. Members of any such committee shall, while attending meetings, be entitled to receive compensation and reimbursement as provided in section 401(3). The <sidenote><p class="firstIndent1 fontsize8">Conflict of interest, exemption.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1603">72 Stat. 1603</ref>.</p></sidenote>provisions of section 1003 of the National Defense Education Act of 1958 (20 U.S.C. 583) shall apply to members of such committee.</content></subsection> </section> </chapter> 76 Stat. 902 <num value="IV">TITLE IV—</num><heading class="inline">GENERAL PROVISIONS</heading> <section> <num value="401">SEC. 401. </num> <heading>AUTHORITIES.</heading> <chapeau>The head of any agency performing functions under this Act may—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>authorize the head of any other agency to perform any of such functions;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>prescribe such rules and regulations as may be necessary to perform such functions; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to the extent necessary to perform such functions, procure the temporary (not in excess of one year) or intermittent services of experts or consultants or organizations thereof, including stenographic reporting services, by contract or appointment, and in such cases such services shall be without regard to the civil service and classification laws, and, except in the case of stenographic reporting services by organizations, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). Any individual so employed may be compensated at a rate not in excess of $75 per diem, and, while such individual is away from his home or regular place of business, he may be allowed transportation and not to exceed $16 per diem in lieu of subsistence and other expenses.</content> </paragraph> </section> <section> <num value="402">SEC. 402. </num> <heading>REPORTS.</heading> <subsection class="indent0 fontsize10"><num value="n">(n) </num> <content>The President shall submit to the Congress an annual report on the trade agreements program and on tariff adjustment and other adjustment assistance under this Act. Such report shall include information regarding new negotiations, changes made in duties and other import restrictions of the United States, reciprocal concessions obtained, changes in trade agreements in order to effectuate more fully the purposes of the trade agreements program (including the incorporation therein of escape clauses), the results of action taken to obtain removal of foreign trade restrictions (including discriminatory restrictions) against United States exports, remaining restrictions, and the measures available to seek their removal in accordance with the purposes of this Act, and other information relating to the trade agreements program and to the agreements entered into thereunder.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>The Tariff Commission shall submit to the Congress, at least once a year, a factual report on the operation of the trade agreements program.</content> </subsection> </section> <section> <num value="403">SEC. 403. </num> <heading>TARIFF COMMISSION.</heading> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>In order to expedite the performance of its functions under this Act, the Tariff Commission may conduct preliminary investigations, determine the scope and manner of its proceedings, and consolidate proceedings before it.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>In performing its functions under this Act, the Tariff Commission may exercise any authority granted to it under any other Act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The Tariff Commission shall at all times keep informed concerning the operation and effect of provisions relating to duties or other import restrictions of the United States contained in trade agreements entered into under the trade agreements program.</content> </paragraph> </section> <section> <num value="404">SEC. 404. </num> <heading>SEPARABILITY.</heading> <content>If any provision of this Act or the application of any provision to any circumstances or persons shall be held invalid, the validity of the remainder of this Act, and of the application of such provision to other circumstances or persons, shall not be affected thereby.</content> </section> <section> <num value="405">SEC. 405. </num> <heading>DEFINITIONS.</heading> <chapeau>For purposes of this Act—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The term “agency” includes any agency, department, board, wholly or partly owned corporation, instrumentality, commission, or establishment of the United States.</content></paragraph> <page identifier="/us/stat/76/903">76 <inline class="smallCaps">Stat</inline>. 903</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The term “duty or other import restriction” includes (A) the rate and form of an import duty, and (B) a limitation, prohibition, charge, and exaction other than duty, imposed on importation or imposed for the regulation of imports.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The term “firm” includes an individual proprietorship, partnership, joint venture, association, corporation (including a development corporation), business trust, cooperative, trustees in bankruptcy, and receivers under decree of any court. A firm, together with any predecessor, successor, or affiliated firm controlled or substantially beneficially owned by substantially the same persons, may be considered a single firm where necessary to prevent unjustifiable benefits.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>An imported article is “directly competitive with” a domestic article at an earlier or later stage of processing, and a domestic article is “directly competitive with” an imported article at an earlier or later stage of processing, if the importation of the imported article has an economic effect on producers of the domestic article comparable to the effect of importation of articles in the same stage of processing as the domestic article. For purposes of this paragraph, the unprocessed article is at an earlier stage of processing.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>A product of a country or area is an article which is the growth, produce, or manufacture of such country or area.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>The term “modification”, as applied to any duty or other import restriction, includes the elimination of any duty.</content></paragraph></section> Approved October 11, 1962, 12:15 p.m.
Public Law 87–795: To amend section 305 of the Communications Act of 1934, as amended. Public Law 795 Public Law 87–795 76 Stat. 903 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–795
AN ACT To amend section 305 of the Communications Act of 1934, as amended.

October 11, 1962

[H. R. 11732]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 305 of

Foreign government radio stations in D. C.

48 Stat. 1083.

47 USC 305.

the Communications Act of 1934, as amended, is further amended by addition of a new subsection as follows: “(d) The provisions of sections 301 and 303 of this Act notwithstanding, the President may, provided he determines it to be consistent with and in the interest of national security, authorize a foreign government, under such terms and conditions as he may prescribe, to construct and operate at the seat of government of the United States a low-power radio station in the fixed service at or near the site of the embassy or legation of such foreign government for transmission of its messages to points outside the United States, but only (1) where he determines that the authorization would be consistent with the national interest of the United States and (2) where such foreign government has provided reciprocal privileges to the United States to construct and operate radio stations within territories subject to its jurisdiction. Foreign government stations authorized pursuant to the provisions of this subsection shall conform to such rules and regulations as the President may prescribe. The authorization of such stations, and the renewal, modification, suspension, revocation, or other termination of such authority shall be in accordance with such procedures as may be established by the President and shall not be subject to the other provisions of this Act or of the Administrative Procedure Act.”

60 Stat. 237.

5 USC 1001 note.
Approved October 11, 1962.
Public Law 87–796: To amend title 10, United States Code, to authorize the Secretary of the Navy to take possession of the naval oil shale reserves, and for other purposes. Public Law 796 Public Law 87–796 76 Stat. 904 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 904 Public Law 87–796
AN ACT To amend title 10, United States Code, to authorize the Secretary of the Navy to take possession of the naval oil shale reserves, and for other purposes.

October 11, 1962

[H. R. 5423]

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

Navy.

Naval oil shale reserves, possession.

70A Stat. 457.
That title 10, United States Code, is amended as follows: (1) Section 7421 is amended to read as follows: “(a) The Secretary of the Navy shall take possession of all properties inside the naval petroleum and oil shale reserves that are or may become subject to the control of and use by the United States for naval purposes, except as otherwise provided in section 7438 hereof. “(b) The Secretary has exclusive jurisdiction and control over those lands inside naval petroleum reserves numbered 1 and 2 that are covered by leases granted under sections 181–184, 185–188, 189–194, 201, 202–209, 211–214, 223, 224–226, 226d, 226e, 227–229a, 241, 251, and

41 Stat. 437.

Administration.

Post, p. 906.

261–263 of title 30, and shall administer those leases.” (2) Section 7422 is amended to read as follows: “(a) Except as otherwise provided in section 7438 hereof, the Secretary of the Navy, directly or by contract, lease, or otherwise, shall explore, prospect, conserve, develop, use, and operate the naval petroleum and oil shale reserves in his discretion, subject to approval by the President. “(b) The naval petroleum and oil shale reserves and lands outside naval petroleum reserve numbered 1 covered by contracts under section

70A Stat. 459.

7426 of this title, shall be used and operated for— “(1) the protection, conservation, maintenance, and testing of those reserves; or “(2) the production of petroleum, gas, oil shale and products thereof whenever and to the extent that the Secretary, with the approval of the President, finds that it is needed for national defense and the production is authorized by a joint resolution of Congress.” (3)

Production requirements.

Reexamination.

Section 7423 is amended to read as follows:

“The Secretary of the Navy shall from time to time reexamine the need for the production of petroleum or products from oil shale for national defense when that production is authorized under section 7422 of this title. If he finds that the authorized quantity is no longer needed, he shall reduce production to the amount currently needed for national defense.”

 (4)

Oil reserves, contracts with owners, etc.

Section 7424 is amended to read as follows: “(a) To consolidate and protect the oil lands owned by the United States, the Secretary of the Navy may— “(1) contract with owners and lessees of land inside or adjoining naval petroleum and oil shale reserves for— “(A) conservation in the ground of oil and gas; and “(B) compensation for estimated drainage in lieu of drilling or operating offset wells; and “(2) acquire privately owned lands or leases inside naval petroleum reserve numbered 1 by exchange of— “(A) lands of the United States inside naval petroleum reserve numbered 1; “(B) the right to royalty production from any of the naval petroleum reserves; and “(C) the right’ to any money due the United States as a result of the wrongful extraction of petroleum products from lands inside naval petroleum reserve numbered 1. 76 Stat. 905 “(b) The Secretary shall report annually to Congress all agreements under this section.” (5) Section 7428 is amended to read as follows:

Agreements and leases.

70A Stat. 460.

“Every unit or cooperative plan of development and operation, except a plan authorized by section 7426 of this title, and every lease affecting lands owned by the United States within the naval petroleum and oil shale reserves shall contain a provision authorizing the Secretary of the Navy, subject to approval by the President and to any limitation in the plan or lease, to change from time to time the rate of prospecting and development on, and the quantity and rate of production from, lands of the United States under the plan or lease, notwithstanding any other provision of law.”

 (6) Section 7430 is amended to read as follows:

Disposition of products.

 “(a) The Secretary of the Navy in administering the naval petroleum and oil shale reserves under this chapter shall use, store, sell, or exchange for other petroleum or refined products, the oil and gas products, including royalty products, oil shale and products therefrom produced, from lands in the naval petroleum and oil shale reserves and lands outside petroleum reserve numbered 1 covered by joint, unit, or other cooperative plans for the benefit of the United States. “(b) Each sale of petroleum, gas, other hydrocarbons, oil shale, or products therefrom, under this section shall be made by the Secretary at public sale to the highest qualified bidder at such time, in such amounts, and after such advertising as the Secretary considers proper.”

Prior approval for certain transactions.

 (7) Section 7431 is amended to read as follows: “The Committees on Armed Services of the Senate and the House of Representatives must be consulted and the President’s approval must be obtained before any condemnation proceedings may be started under this chapter and before any of the following transactions authorized by this chapter may be effective: “(1) A lease of any part of the naval petroleum or oil shale reserves. “(2) A contract to alienate from the United States the use, control, or possession of any part of the naval petroleum or oil shale reserves (except that consultation and Presidential approval are not required in connection with the issuance of permits, licenses, easements, grazing and agricultural leases, rights-of-way, and similar contracts pertaining to use of the surface area of the naval petroleum and oil shale reserves). “(3) A contract to sell the oil and gas (other than royalty oil and gas), oil shale, and products therefrom produced from any part of the naval petroleum and oil shale reserves. “(4) A contract for conservation or for compensation for estimated drainage. “(5) An agreement to exchange land, the right to royalty production, or the right to any money due the United States.” (8) Section 7432 is amended to read as follows:

Expenditures.

 “(a) Expenses incurred by the Secretary of the Navy with respect to the naval petroleum and oil shale reserves shall be paid from appropriations made available for the purposes specified in this chapter. “(b) Expenditures necessary to carry out this chapter shall be made under the direction of the President, who shall submit estimates for these expenditures as prescribed by law.” (9) Section 7433 is amended to read as follows:

Disposition of royalties.

 “(a) Any oil, gas, gasoline or other substance accruing to the United States as royalty from any lease under this chapter shall be delivered 76 Stat. 906to the United States, or shall be paid for in money, as the Secretary of the Navy elects. “(b) All money accruing to the United States from lands in the naval petroleum and oil shale reserves shall be covered into the Treasury.” (10)

Quarterly reports.

Section 7434 is amended to read as follows:

“Within thirty days after the close of each quarter, the Secretary of the Navy shall report to the Committees on Armed Services of the Senate and House of Representatives the production from the naval petroleum and oil shale reserves during the preceding quarter.”

 (11)

Foreign interests.

Section 7435 is amended to read as follows: “(a) If the laws, customs, or regulations of any foreign country deny the privilege of leasing public lands to citizens or corporations of the United States, citizens of that foreign country, or corporations controlled by citizens of that country, may not, by contract made after July 1, 1937, or by stock ownership, holding, or control, acquire or own any interest in, or right to any benefit from, any lease of land in the naval petroleum, naval oil shale, or other naval fuel reserves made under sections 181–184, 185–188, 189–194, 201, 202–209, 211–214, 223,

41 Stat. 437.

224–226, 226d, 226e, 227–229a, 241, 251, and 261–263 of title 30, or under this chapter. “(b) The Secretary of the Navy may cancel any lease for any violation of this section.” (12)

Rifle, Colo., demonstration facility.

Possession and use.

Section 7438 is amended to read as follows:
“§ 7438. Rifle, Colorado, Plant; possession, use, and transfer of “(a) The Secretary of the Interior shall take possession of the experimental demonstration facility near Rifle, Colorado, which was constructed and operated by the Department of the Interior on lands on or near the naval oil shale reserves under the Act of April 5, 1944,

30 USC 321–325.

chapter 172 (58 Stat. 190), as amended. “(b) The Secretary of the Interior, subject to the approval of the President, shall by contract, lease, or otherwise encourage the use of the facility described in subsection (a) above in research, development, test, evaluation, and demonstration work. For such purposes the Secretary of the Interior may use, lease for use by institutions, organizations, or individuals, public or private, or transfer by letter to the Secretary of the Navy the facility described in subsection (a) above and may construct, install, and operate, or lease for operation additional experimental facilities on such lands. The Secretary of the Interior may, after consultation by the Secretary of the Navy with the Committees on Armed Services of the Senate and the House of Representatives, mine and remove, or authorize the mining and removal, of any oil shale or products therefrom from lands in the naval oil shale reserves that may be needed for such experimentation. “(c) Nothing herein contained shall be construed— “(1) to authorize the commercial development and operation of the naval oil shale reserves by the Government in competition with private industry; or “(2) in diminution of the responsibility of the Secretary of the Navy in providing oil shale and products therefrom for needs of national defense.”
(13) The analysis of chapter 641 is amended as follows: In the last line after the figure “7438” delete the words

and insert in lieu thereof the words

Approved October 11, 1962.
Public Law 87–797: To authorize the Secretary of the Interior to create trial boards for the United States Park Police, and for other purposes. Public Law 797 Public Law 87–797 76 Stat. 907 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 907 Public Law 87–797
AN ACT To authorize the Secretary of the Interior to create trial boards for the United States Park Police, and for other purposes.

October 11, 1962

[H. R. 8567]

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

U. S. Park Police.

Disciplinary action.

making and enforcement of rules and regulations for the government, conduct, and discipline of the United States Park Police, the Secretary of the Interior may provide, in addition to any other penalties authorized by law, for fines of not to exceed $100 and for suspensions without pay for not more than seven days for any violation of such rules and regulations. (b) Disciplinary action involving a suspension without pay for three days or less may, after due notice to the accused, be taken pursuant to a summary proceeding by the Chief of the United States Park Police. Any person subject to such a proceeding shall be entitled to a trial board proceeding upon his request made at any time prior to the imposition of summary penalties but not thereafter. (c) Disciplinary action against any member of the United States Park Police involving a fine or a suspension without pay for more than three days shall be taken only after a proceeding before a trial board and on the basis of written charges referred to the trial board by the Chief of the United States Park Police. Timely service of a copy of such charges shall be made upon the accused. Any such charges referred to a trial board may be altered or amended in the discretion of the trial board under such regulations as the Secretary may adopt. The accused shall be entitled to an opportunity to be heard before the trial board on any charge referred to it and on any altered or amended charge. (d) Any member of the United States Park Police accused of

Counsel for accused.

violating the rules and regulations for the proper government, conduct, and discipline of the United States Park Police shall be entitled to representation by counsel of his choice.
Sec. 2. (a) The Secretary of the Interior is authorized to create

Trial boards, creation.

one or more trial boards for the trial of members of the United States Park Police who are charged with any violation of the rules and regulations for the proper government, conduct, and discipline of the United States Park Police; to prescribe the rules of procedure before such trial boards; and to change or abolish any trial board: Provided, however, That no changes in the rules of procedure shall be effective, and no trial boards shall be abolished or changed, with respect to charges upon which a hearing has already commenced. Each trial board shall consist of three persons designated by the Secretary. One and only one member of each such board shall be a member of the United States Park Police; he shall, except in the case of a trial of an officer with the rank of inspector, have a rank no lower than that of the accused. The other two members shall be employed in the Department of the Interior and hold a grade at least equivalent to that of the accused. The Secretary shall designate the chairman of each trial board. (b) The findings and sentence of a trial board with respect to fines

Appeals.

and suspensions within the limits authorized by this Act shall be final and conclusive unless notice of an appeal therefrom in writing is given within ten days to the Secretary of the Interior. If such notice is given, the accused may present his appeal to the Secretary in writing. The Secretary may grant or request an oral presentation of such appeal. The Secretary is authorized, but is not required, in his review of the evidence and findings of a trial board to receive new 76 Stat. 908evidence, either oral, written, or documentary: Provided, That if any new evidence is received, the accused shall be accorded the right of such submission, and he is authorized to confirm or modify the findings and sentence of a trial board, to dismiss the charges, or to remand the case to the trial board for such further proceedings as he may deem necessary, but no such modification shall increase the severity of the sentence of the trial board. Notwithstanding the provisions of this or any other law, the decision of the Secretary on appeal with respect to fines and suspensions within the limits authorized by this Act shall be final and conclusive. Any other decision of the Secretary shall be subject to such appeal, if any, as may otherwise be authorized by law.
Sec. 3. (a)

Oaths.

The Chairman of any trial board appointed pursuant to this Act is authorized to administer oaths and to take affirmations of witnesses before such board. (b)

Subpenas, issuance.

Any trial board appointed pursuant to this Act shall, in any proceeding before it, have the power to issue subpenas in the name of the chief judge of the United States District Court for the District of Columbia to compel witnesses to appear and testify and to produce all relevant books, records, papers, or documents. Witnesses other than those employed by the United States Department of the Interior who are subpenaed to appear before a trial board shall be entitled to the same fees that are paid to witnesses for attendance before the United States District Court for the District of Columbia, but such fees need not be tendered to the witnesses in advance of their appearing and testifying or producing books, records, papers, or documents. (c)

Perjury.

Any willful false swearing on the part of any witness before a trial board provided for herein as to any material fact shall be deemed to be perjury and shall be punished in the manner prescribed by law for such offense. (d) If any witness who has been personally summoned shall neglect or refuse to obey a subpena issued pursuant to this Act, the chairman of the trial board may report that fact to the United States District Court for the District of Columbia or to one of the judges thereof and said court, or any judge thereof, is authorized to compel obedience to the subpena to the same extent that witness may be compelled to obey the subpenas of that court.
Sec. 4. Each member of a trial board appointed pursuant to this Act shall take an oath for the faithful and impartial performance of the duties of the office.
Sec. 5. The rules and regulations of the United States Park Police which are in effect as of the date of the approval of this Act are hereby ratified and shall remain in force until changed, altered, amended, or abolished by the Secretary of the Interior.
Approved October 11, 1962.
Public Law 87–798: To amend the Consolidated Farmers Home Administration Act of 1961 in order to increase the limitation on the amount of loans which may be insured under subtitle A of such Act. Public Law 798 Public Law 87–798 76 Stat. 908 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–798
AN ACT To amend the Consolidated Farmers Home Administration Act of 1961 in order to increase the limitation on the amount of loans which may be insured under subtitle A of such Act.

October 11, 1962

[H. R. 12653]

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

Real estate loans.

75 Stat. 308.

7 USC 1928.
That section 308 of the Consolidated Farmers Home Administration Act of 1961 is amended by striking out the figure “$150,000,000” and inserting in lieu thereof the figure “$200,000,000”.
Approved October 11, 1962.
Public Law 87–799: To authorize the Secretary of the Interior to participate in financing the construction of a bridge at Cape Hatteras National Seashore, in the State of North Carolina, and for other purposes. Public Law 799 Public Law 87–799 76 Stat. 909 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 909 Public Law 87–799
AN ACT To authorize the Secretary of the Interior to participate in financing the construction of a bridge at Cape Hatteras National Seashore, in the State of North Carolina, and for other purposes.

October 11, 1962

[H. R. 8983]

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

Oregon Inlet, N. C.

Bridge construction cost, participation authorization.

facilitate visitor travel within Cape Hatteras National Seashore the Secretary of the Interior is authorized to pay $500,000 toward the cost of construction of a bridge across Oregon Inlet between Bodie and Hatteras Islands, in the State of North Carolina, exclusive of any financing for which the project may qualify under the Federal aid to highway laws: Provided, That the bridge shall constitute and be maintained as a part of the State highway system.
Sec. 2. The Secretary may make payments on the cost of construction of the bridge referred to in section 1 of this Act only from funds specifically appropriated for that purpose.
Approved October 11, 1962.
Public Law 87–800: To provide for the removal of an encumbrance on the title of certain real property heretofore conveyed to the Board of Education of the Vallejo School District, Vallejo, California, by the United States Housing Corporation. Public Law 800 Public Law 87–800 76 Stat. 909 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–800
AN ACT To provide for the removal of an encumbrance on the title of certain real property heretofore conveyed to the Board of Education of the Vallejo School District, Vallejo, California, by the United States Housing Corporation.

October 11, 1962

[H. R. 9491]

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

Vallejo Unified School District, Vallejo, Calif.

Title.

of General Services shall convey to the Vallejo Unified School District, Vallejo, California, without monetary consideration to the United States, all right, title, and interest of the United States in and to the real property situated in the township of Vallejo, county of Solano, State of California, which real property was conveyed to the Board of Education of the Vallejo School District, Vallejo, California, by the United States Housing Corporation by deed dated June 22, 1928, recorded in book 17 at page 400 in the office of the County Recorder of the county of Solano, State of California.
Approved October 11, 1962.
Public Law 87–801: To amend section 309 of the Food and Agriculture Act of 1962. Public Law 801 Public Law 87–801 76 Stat. 909 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–801
AN ACT To amend section 309 of the Food and Agriculture Act of 1962.

October 11, 1962

[H. R. 13241]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That item (7) of

Food and Agriculture Act of 1962, amendment.

75 Stat. 297; Ante, p. 618.

Public Law 74, Seventy-seventh Congress (7 U.S.C. 1340(7)), as amended by section 309 of the Food and Agriculture Act of 1962, is amended by changing the period at the end thereof to a comma and adding “or 1963.”
Approved October 11, 1962.
Public Law 87–802: To authorize the Commissioners of the District of Columbia to delegate the function of approving contracts not exceeding $50,000. Public Law 802 Public Law 87–802 76 Stat. 910 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 910 Public Law 87–802
AN ACT To authorize the Commissioners of the District of Columbia to delegate the function of approving contracts not exceeding $50,000.

October 11, 1962

[S. 1651]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (b)

66 Stat. 824.

D. C. Code title 1 app.

of section 3 of Reorganization Plan Numbered 5 of 1952 is amended by striking “$25,000” and inserting in lieu thereof “$50,000”.
Approved October 11, 1962.
Public Law 87–803: To provide for the nutritional enrichment and sanitary packaging of rice prior to its distribution under certain Federal programs, including the national school lunch program. Public Law 803 Public Law 87–803 76 Stat. 910 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–803
AN ACT To provide for the nutritional enrichment and sanitary packaging of rice prior to its distribution under certain Federal programs, including the national school lunch program.

October 11, 1962

[S. 3152]

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

Rice.

Enrichment and packaging.

7 USC 1431c.
That section 201 (a) of the Act of September 21, 1959 (73 Stat. 606, 610), is amended (1) by striking out “cornmeal, grits, and white flour” and inserting in lieu thereof “cornmeal, grits, rice, and white flour”, (2) by inserting “enriched rice,” immediately after “enriched corn grits,” (3) by adding after the word “pounds” in the last sentence thereof the following phrase “unless a larger container is requested by the recipient agency”, and (4) by adding at the end thereof the following new sentence: “Nothing in this section shall prohibit the distribution of fortified parboiled rice which is substantially equal in nutritional value to that of enriched rice.”
Approved October 11, 1962.
Public Law 87–804: Authorizing the President of the United States to designate the period from November 26, 1962, through December 2, 1962, as National Cultural Center Week. Public Law 804 Public Law 87–804 76 Stat. 910 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–804
JOINT RESOLUTION Authorizing the President of the United States to designate the period from November 26, 1962, through December 2, 1962, as National Cultural Center Week.

October 15, 1962

[S. J. Res. 214]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

National Cultural Center Week.
That the President of the United States is hereby authorized and requested to issue a proclamation designating the period from November 26, 1962, through December 2, 1962, as National Cultural Center Week; urging all persons, organizations, and governmental agencies involved in fostering the performing arts in this Nation to publicize and observe such week; and calling upon the Governors of the States to join in promoting the National Cultural Center campaign.
Approved October 15, 1962.
Public Law 87–805: To amend the provisions contained in part II of the Interstate Commerce Act concerning registration of State certificates whereby a common carrier by motor vehicle may engage in interstate and foreign commerce within a State. Public Law 805 Public Law 87–805 76 Stat. 911 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 911 Public Law 87–805
AN ACT To amend the provisions contained in part II of the Interstate Commerce Act concerning registration of State certificates whereby a common carrier by motor vehicle may engage in interstate and foreign commerce within a State.

October 15, 1962

[S. 320]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That paragraph (1)

Interstate Commerce Act, amendment.

49 Stat. 551.

49 USC 306.

of subsection (a) of section 206 of the Interstate Commerce Act is amended by striking out the last two sentences and by inserting in lieu thereof the following: “Pending the determination of any such application the continuance of such operation shall be lawful.”
Sec. 2. Subsection (a) of section 206 of the Interstate Commerce Act

74 Stat. 382.

is amended by adding at the end thereof the following new paragraphs: “(6) On and after the date of the enactment of this paragraph no

Intrastate motor carriers, interstate operations.

certificate of public convenience and necessity under this part shall be required for operations in interstate or foreign commerce by a common carrier by motor vehicle operating solely within a single State and not controlled by, controlling, or under a common control with any carrier engaged in operations outside such State, if such carrier has obtained from the commission of such State authorized to issue such certificates, a certificate of public convenience and necessity authorizing motor vehicle common carrier operations in intrastate commerce and such certificate recites that it was issued after notice to interested persons through publication in the Federal Register of the filing of the application

Publication in F. R.

and of the desire of the applicant also to engage in transportation in interstate and foreign commerce within the limits of the intrastate authority granted, that reasonable opportunity was afforded interested persons to be heard, that the State commission has duly considered the question of the proposed interstate and foreign operations and has found that public convenience and necessity require that the carrier authorized to engage in intrastate operations also be authorized to engage in operations in interstate and foreign commerce within limits which do not exceed the scope of the intrastate operations authorized to be conducted. Such operations in interstate and foreign commerce shall, however, be subject to all other applicable requirements of this Act and the regulations prescribed hereunder. Such

Certification of registration.

rights to engage in operations in interstate or foreign commerce shall be evidenced by appropriate certificates of registration issued by the Commission which shall be valid only so long as the holder is a carrier engaged in operations solely within a single State, not controlled by, controlling, or under a common control with a carrier engaged in operation outside such State, and except as provided in section 5 and in

54 Stat. 905.

49 USC 5.

the conditions and limitations stated herein, may be transferred pursuant to such rules and regulations as may be prescribed by the Commission, but may not be transferred apart from the transfer of the corresponding intrastate certificate, and the transfer of the intrastate certificate without the interstate or foreign rights shall terminate the right to engage in interstate or foreign commerce. The termination,

Termination date.

restriction in scope, or suspension of the intrastate certificate shall on the 180th day thereafter terminate or similarly restrict, the right to engage in interstate or foreign commerce unless the intrastate certificate shall have been renewed, reissued, or reinstated or the restrictions removed within said one hundred eighty-day period. Such rights shall be subject to suspension or termination by the Commission in accordance with the provisions of this Act governing the suspension and termination of certificates issued by the Commission. The Commission may impose reasonable requirements with respect to the filing 76 Stat. 912with it of certified copies of such State certificates and other appropriate statements and data, and compliance with applicable requirements established by and under the authority of statutes applicable to interstate and foreign operations administered by the Commission, as conditions precedent to engaging in interstate and foreign operations under the authority of such State certificate. In accordance with such reasonable rules as may be prescribed by the Commission, any party in interest, who or which opposed in the State commission proceeding the authorization of operations in interstate or foreign commerce, may petition the Commission for reconsideration of the decision of the State commission authorizing operations in interstate or foreign commerce, and upon such reconsideration upon the record made before the State commission, the Commission may affirm, reverse, or modify the decision of the State commission, but only with respect to the authorization of operations in interstate and foreign commerce. “(7) (A) In the case of any person who or which on the date of the enactment of this paragraph was in operation solely within a single State as a common carrier by motor vehicle in intrastate commerce (excluding persons controlled by, controlling, or under a common control with, a carrier engaged in operations outside such State), and who or which was also lawfully engaged in such operations in interstate or foreign commerce under the certificate exemption provisions of the second proviso of paragraph (1) of this subsection, as in effect immediately before the date of the enactment of this paragraph or who or which would have been so lawfully engaged in such operations but for the pendency of litigation to determine the validity of such person’s intrastate operations to the extent such litigation is resolved in favor of such person, and has continued to so operate since that date (or if engaged in furnishing seasonal service only, was lawfully engaged in such operations in the year 1961 during the season ordinarily covered by its operations, and such operations have not been discontinued), except in either instance as to interruptions of service over which such person had no control, the Commission shall issue to such person a certificate of registration authorizing the continuance of such transportation in interstate and foreign commerce if application and proof

State certificate.

of operations are submitted as provided in this subsection. Such certificate of registration shall not exceed in scope the services authorized by the State certificate to be conducted in intrastate commerce, and shall be subject to the same terms, conditions, and limitations as are contained in or attached to the State certificate except to the extent that such terms, conditions, or limitations are inconsistent with the requirements established by or under this Act. If the effectiveness of the State certificate is limited to a specified period of time, the certificate of registration issued under this paragraph (7) shall be similarly limited. Operations in interstate and foreign commerce under such certificates of registration shall be subject to all other applicable requirements of this Act and the regulations prescribed hereunder. Certificates of registration shall be valid only so long as the holder is a carrier engaged in operation solely within a single State, not controlled by, controlling, or under a common control with a carrier engaged in operation outside such State, and except as provided in

54 Stat. 905.

49 USC 5.

section 5 and in the conditions and limitations stated herein, may be transferred pursuant to such rules and regulations as may be prescribed by the Commission, but may not be transferred apart from the transfer of the corresponding intrastate certificate, and the transfer of the intrastate certificate without the interstate or foreign rights shall terminate the right to engage in interstate or foreign commerce.

Termination date.

The termination, restriction in scope, or suspension of the intrastate certificate shall on the 180th day thereafter terminate or similarly restrict the right to engage in interstate or foreign commerce unless 76 Stat. 913the intrastate certificate shall have been renewed, reissued, or reinstated or the restrictions removed within said one hundred and eighty-day period. Such certificates of registration shall be subject to suspension or termination by the Commission in accordance with the provisions of this Act governing the suspension and termination of certificates of public convenience and necessity issued by the Commission. “(B) All rights to engage in operations in interstate and foreign commerce under the provisions of the second proviso of paragraph (1) of this subsection, as in effect immediately before the date of the enactment of this paragraph, shall cease and terminate, but any carrier lawfully engaged in interstate and foreign operations on the date of the enactment of this paragraph or any carrier who would have been so lawfully engaged in such operations but for the pendency of litigation

Pendency of litigation.

to determine the validity of such person’s intrastate operations to the extent such litigation is resolved in favor of such person, pursuant to such provisions, may continue such operations for 120 days after such date and, if an appropriate application for a certificate of registration is filed within such period, such operations may be continued pending the determination of such application. The Commission shall prescribe the form of such application, the information and documents to be furnished, the manner of filing, and the persons to whom or the manner of giving notice to interested persons of such filings. Issues arising in the determination of such applications shall be determined in the most expeditious manner and, so far as practicable and legally permissible, without formal hearings or other proceedings. A notice

Notice of intent.

of intent to engage in interstate and foreign operations accompanied by certified copies of effective, lawfully issued or acquired State certificates filed with the Commission as evidence of authority to operate in interstate or foreign commerce under the provisions of the second proviso of paragraph (1) of this subsection, as in effect immediately before the date of the enactment of this paragraph, shall be conclusive proof that the applicant is lawfully engaged in interstate and foreign operations and the scope thereof.”
Approved October 15, 1962.
Public Law 87–806: To set aside certain lands in Washington for Indians of the Quinault Tribe. Public Law 806 Public Law 87–806 76 Stat. 913 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–806
AN ACT To set aside certain lands in Washington for Indians of the Quinault Tribe.

October 15, 1962

[S. 507]

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

Indiana.

Certain trust lands.

set aside under the provisions of the Act of August 22, 1914 (38 Stat. 704), for lighthouse purposes at or near Cape Elizabeth on the Quinault Indian Reservation, State of Washington, and consisting of eighty-five and five one hundredths acres, more or less, in lots 1, 2, and 3 in section 34, township 22 north, range 13 west, Willamette meridian, which lands are excess to the needs of the Treasury Department, shall be, and the same are hereby, set aside in trust for the Quinault Tribe of Indians, in the same manner and to the same extent as other real property held in trust by the United States for said tribe.
Sec. 2. The Indian Claims Commission is directed to determine in

Indian Claims Commission.

accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed

25 USC 70a.

by this Act should or should not be set off against any claim against the United States determined by the Commission.
Approved October 15, 1962.
Public Law 87–807: To provide for more effective administration of public assistance in the District of Columbia, to make certain relatives responsible for support of needy persons, and for other purposes. Public Law 807 Public Law 87–807 76 Stat. 914 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 914 Public Law 87–807
AN ACT To provide for more effective administration of public assistance in the District of Columbia, to make certain relatives responsible for support of needy persons, and for other purposes.

October 15, 1962

[S. 914]

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

District of Columbia Public Assistance Act of 1962.
That this Act may be cited as the “District of Columbia Public Assistance Act of 1962”.
definitions Sec. 2. As used in this Act, the word “District” means the District of Columbia; the word “Commissioners” means the Commissioners of the District of Columbia or the agents, agencies, officers, and employees designated by them to perform any function vested in them by this Act; the term “public assistance” means payment in or by money, medical care, remedial care, goods or services to, or for the benefit of, needy persons; the word “recipient” means a person to whom or on whose behalf public assistance is granted and the word “State” includes Puerto Rico, Guam, and the Virgin Islands.
categories and administration of public assistance Sec. 3. (a) The following categories of public assistance are hereby established: (1) Old Age Assistance; (2) Aid to the Blind; (3) Aid to the Disabled; (4) Aid to Dependent Children; (5) General Public Assistance. (b) This Act shall be administered by the Commissioners who shall— (1) provide for maximum cooperation with other agencies rendering services to maintain and strengthen family life and to help applicants for public assistance and recipients to attain self-support or self-care; (2) establish and enforce such rules and regulations as may be necessary or desirable to carry out the provisions of this Act; (3) cooperate in all necessary respects with agencies of the United States Government in the administration of this Act, and accept any funds, goods, or services payable to the District for public assistance and for administering public assistance; (4) enter into reciprocal agreements with any State relative to the provision of public assistance to residents and nonresidents.
eligibility for public assistance Sec. 4. Public assistance shall be awarded to or on behalf of any needy individual who either (a) has resided in the District for one year immediately preceding the date of filing his application for such assistance; or (b) who was born within one year immediately preceding the application for such aid, if the parent or other relative with whom the child is living has resided in the District for one year immediately preceding the birth; or (c) is otherwise within one of the categories of public assistance established by this Act: Provided, That no persons shall be eligible for old-age assistance established by category number 1, subsection (a) of section 3 of this Act, unless 76 Stat. 915he has resided in the district for five years or more within the nine years immediately preceding application for such assistance, and who has resided continuously therein for one year immediately preceding the said application.
amount of public assistance Sec. 5. (a) The amount of public assistance which any person shall receive shall be determined in accordance with regulations approved by the Commissioners. (b) Such amount as referred to in subsection (a) of this section shall not be less than the full amount determined as necessary on the basis of the minimum needs of such person as established in accordance with such regulations. (c) The provisions of subsection (b) of this section shall become effective upon enactment.
application for public assistance Sec. 6. Application for public assistance shall be accepted from, or on behalf of, any person who believes himself eligible for public assistance. Such application shall be made in the manner and form prescribed by the Commissioners, and shall contain such information as the Commissioners shall require.
investigation of applicant Sec. 7. Whenever the Commissioners shall receive an application for public assistance, they shall promptly make an investigation and record of the circumstances of the applicant in order to ascertain the facts supporting I he application and to obtain such other information as they may require.
award and payment of public assistance Sec. 8. (a) Upon completion of the investigation, the Commissioners shall determine whether the applicant is eligible for public assistance, the type and amount of public assistance for which he is eligible, and the date from which such public assistance shall begin, and shall furnish public assistance with reasonable promptness to all eligible persons: Provided, That such date shall not be prior to the first day of the calendar month in which such determination is made, except that as a result of reconsideration or review of a case, and in order to correct previous erroneous administrative action such as undue delay or improper denial of assistance, an initial payment of public assistance may be made for a period beginning prior to the first day of the calendar month in which the eligibility determination is made. (b) Money payments of public assistance shall be made by check, except that in emergency cases under section 10 of this Act, money payments of public assistance may be made in cash, and to accomplish such purpose the Commissioners are authorized to make necessary provisions for advancing from time to time to one or more officers or employees of the District such sum or sums as the Commissioners may determine: Provided, That no such advance shall be made to any such officer or employee who has not been previously bonded in such amount and form as the Commissioners shall determine.
76 Stat. 916
recipient incapacitated Sec. 9. Whenever a recipient has been found by the Commissioners to be incapable of taking care of himself, his property, or his money, and a person has been judicially appointed as legal representative, or a responsible person has been appointed by the Commissioners, on behalf of such incapacitated individual for the purpose of receiving and managing such individual’s public assistance payments (whether or not he is such individual’s legal representative for other purposes), public assistance payments may be made on behalf of such individual to such judicially appointed legal representative, or to such responsible person appointed by the Commissioners.
emergency public assistance Sec. 10. The Commissioners may grant emergency public assistance pending completion of investigation when eligibility has been established pursuant to section 4 of this Act: Provided, That such emergency assistance shall not be granted in any case for a period exceeding thirty days.
redetermination of grants Sec. 11. All public assistance grants made under this Act shall be reconsidered by the Commissioners as frequently as they may deem necessary, but in every case the Commissioners shall make such reconsiderations at least once in each year. After such further investigation as the Commissioners may deem necessary, the amount of public assistance may be changed, or may be entirely withdrawn, if the Commissioners find that any such grant has been made erroneously, or if they find that the recipient’s circumstances have altered sufficiently to warrant such action. If at any time during the continuance of public assistance the recipient thereof becomes possessed of income or resources in excess of the amount previously reported by him, or if other changes should occur in the circumstances previously reported by him which would alter either his need or his eligibility, it shall lie his duty to notify the Commissioners of such fact immediately on the receipt or possession of such additional income or resources, or on the change of circumstances.
records Sec. 12. (a) The Commissioners are directed to prescribe regulations governing the custody, use, and preservation of the records, papers, files, and communications of the Commissioners relating to public assistance. Except as herein otherwise provided, such regulations shall provide safeguards restricting the use or disclosure of information concerning applicants for, or recipients of, public assistance to purposes directly connected with the administration of public assistance. The Commissioners are authorized in their discretion to include in such regulations provision for the public to have access to the records of disbursement or payment of public assistance made after the effective date of this Act. (b) No person who obtains information by virtue of any regulation made pursuant to subsection (a) of this section shall use such information for commercial or political purposes. (c) This section and section 13 of this Act shall be construed as State legislation conforming to the requirements of section 618 of the

65 Stat. 569.

Revenue Act of 1951 (Public Law 183, Eighty-second Congress).
76 Stat. 917
penalties Sec. 13. Any person violating subsection (b) of section 12 of this Act shall be punished by a fine of not more than $500, or by imprisonment of not more than ninety days, or by both such fine and imprisonment. Prosecutions for such violations and for violations of section 17(a) of this Act shall be brought to the municipal court for the District of Columbia by the Corporation Counsel or any of his assistants.
funeral expenses Sec. 14. On the death of a recipient, reasonable funeral expenses may be paid, subject to rules and regulations approved by the Commissioners.
hearings Sec. 15. An applicant for, or recipient of, public assistance aggrieved by the action or inaction of the Commissioners shall be entitled to a hearing. Each applicant or recipient shall be notified of his rights to a hearing. Upon request for such hearing, reasonable notice or the time and place thereof shall be given to such applicant or recipient. Such hearing shall be conducted in accordance with rules and regulations prescribed by the Commissioners. The findings of the Commissioners on any appeal shall be final.
public assistance not assignable Sec. 16. Public assistance awarded under this Act shall not be transferable or assignable at law or in equity, and none of the money paid or payable to any recipient under this Act shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
fraud in obtaining public assistance—repayment Sec. 17. (a) Any person who by means of false statement, failure to disclose information, or impersonation, or by other fraudulent device obtains or attempts to obtain or any person who knowingly aids or abets such person in the obtaining or attempting to obtain, (1) any grant or payment of public assistance to which he is not entitled; (2) a larger amount of public assistance than that to which he is entitled; or (3) payment of any forfeited grant of public assistance; or any person who with intent to defraud the District aids or abets in the buying or in any way disposing of the real property of a recipient of public assistance, shall be guilty of a misdemeanor and shall be sentenced to pay a fine of not more than $500, or imprisoned not to exceed one year, or both. (b) Any person who obtains any payment of public assistance to which he is not entitled, or in excess of that to which he is entitled shall be liable to repay such sum, or if continued on assistance, shall have future grants proportionately reduced until the excess amount received has been repaid. In any case in which, under this section, a person is liable to repay any sum, such sum may be collected without interest by civil action brought in the name of the District. Any repayment required by this subsection may, in the discretion of the Commissioners, be waived in whole or in part, upon a finding by the Commissioners that such repayment would deprive such person, his spouse, parent, or child of shelter or subsistence needed to enable such person, spouse, parent, or child to maintain a minimum standard of health and well-being.
76 Stat. 918
property Sec. 18. (a) At the death of any person who has received public assistance in the form of old-age assistance, or aid to the disabled pursuant to the provisions of this Act, or of any Act repealed by this Act, the District shall have a preferred claim for the amount of any such public assistance against the estate of the deceased recipient. Notwithstanding the provisions of any other law, no statute of limitations shall be deemed applicable as a defense to any claim of the District made pursuant to this section. The Commissioners are authorized to waive any such claim when in their judgment they deem it appropriate to do so. (b) In addition to the remedy provided by subsection (a) of this section, or by any other provision of law, the Commissioners may file

Notice.

a notice in the office of the Recorder of Deeds in any case where public assistance in the form of old-age assistance or aid to the disabled is granted to any person under this Act, and such notice shall constitute and have the effect of a lien in favor of the District against the real and personal property of such person for the amount of such public assistance which theretofore has been granted or which may thereafter be granted to, or on behalf of, such persons. Any such lien may be enforced by a proceeding filed in the United States District Court for the District of Columbia. The Commissioners shall file in the office of the Recorder of Deeds a release of any such real and personal property from the effect of such lien whenever there has been repaid to the District the amount of the public assistance theretofore granted to, or on behalf of, such person. The Commissioners are also authorized to release any such lien when in their judgment they deem it appropriate to do so. Such notices and releases may be filed without payment of fees. (c) If the District collects from any recipient of public assistance in the form of old-age assistance or aid to the disabled or from his estate, or otherwise, any amount with respect to public assistance furnished him under this Act, or under any Act repealed by this Act, the pro rata share to which the United States is equitably entitled shall be paid to the United States in accordance with the provisions

49 Stat. 620.

of the Social Security Act, as amended (42 U.S.C. 303, 603, 1203, 1353). The pro rata share due the District shall be deposited as miscellaneous receipts to the credit of the District.
responsible relatives Sec. 19. (a) The husband, wife, father, mother, or adult child of a recipient of public assistance, or of a person in need thereof, shall, according to his ability to pay, be responsible for the support of such person. Any such recipient of public assistance or person in need thereof or the Commissioners may bring an action to require such husband, wife, father, mother, or adult child to provide such support and the court shall have the power to make orders requiring such husband, wife, father, mother, or adult child to pay to such recipient of public assistance or to such person in need thereof such sum or sums of money in such installments as the court in its discretion may direct and such orders may be enforced in the same manner as orders for alimony. (b) The Commissioners shall be empowered on behalf of the District to sue such husband, wife, father, mother, or adult child for the amount of public assistance granted under this Act or under any Act repealed by this Act to such recipient or for so much thereof as such husband, wife, father, mother, or adult child is reasonably able to pay. 76 Stat. 919 (c) All suits, actions, and court proceedings under this section shall be brought in the domestic relations branch of the municipal court for the District of Columbia. To the extent applicable, the provisions of the Act entitled “An Act to establish a domestic relations branch in the municipal court for the District of Columbia, and for other purposes”, approved April 11, 1956, shall be followed in suits, actions,

70 Stat. 111.

D. C. Code 11–758.

and proceedings brought pursuant to this section.
payment of expenses Sec. 20. All necessary expenses incurred by the District in carrying out the provisions of this Act shall be disbursed in the same manner as other expenses of the District are disbursed.
delegation of authority Sec. 21. The Commissioners are authorized to make provisions for delegation and subdelegation of any function vested in them by this Act to any agency, officer, or employee of the District.
voluntary services Sec. 22. The Commissioners are authorized to accept voluntary services in administering the provisions of this Act. Such voluntary services shall not create any obligation against the District.
appropriations Sec. 23. (a) The Commissioners shall include in their annual estimates of appropriations such sums as may be needed to carry out the provisions or this Act. (b) Unobligated balances of appropriations for the Department of Public Welfare are hereby made available for the purposes of this Act.
repeals Sec. 24. The following Acts are hereby” repealed: The Act entitled “An Act to provide aid to dependent children in the District of Columbia”, approved June 14, 1944 (58 Stat. 277); the Act entitled

D. C. Code 32–751.

“An Act to amend the code of laws for the District of Columbia in relation to providing assistance against old-age want”, approved August 24, 1935 (49 Stat. 747); and the Act entitled “An Act to provide

D. C. Code 46–201.

aid for needy blind persons of the District of Columbia and authorizing appropriations therefor”, approved August 24, 1935 (49 Stat. 744), as amended. Notwithstanding such repeal, all claims of

D. C. Code 46–101.

the District of Columbia for recovery of amounts expended for aid or assistance granted under such repealed Acts which it now has, or which would nave accrued had such Acts not been repealed, shall be recoverable in the same manner and to the same extent as such amounts would be recoverable had such aid or assistance been granted under the provisions of this Act.
reorganization Sec. 25. This Act shall not be considered as affecting the authority vested in the Board of Commissioners of the District of Columbia by Reorganization Plan Numbered 5 of 1952 (66 Stat. 824), and the

D. C. Code title 1 app.

performance of any function vested by said plan in the Board of Commissioners or in any office or agency under the jurisdiction and control of said Board of Commissioners shall continue to be subject to delega-76 Stat. 920tion by said Board of Commissioners in accordance with section 3 of such plan. Any function vested by this Act in any agency established pursuant to such plan shall be deemed to be vested in said Board of Commissioners and shall be subject to delegation in accordance with such plan.
validity Sec. 26. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby.
effective date Sec. 27. Except as otherwise provided in this Act, the provisions of this Act shall take effect on the first day of the second month following the date of enactment.
Approved October 15, 1962.
Public Law 87–808: To amend the Housing Amendments of 1955 to make Indian tribes eligible for Federal loans to finance public works or facilities, and for other purposes. Public Law 808 Public Law 87–808 76 Stat. 920 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–808
AN ACT To amend the Housing Amendments of 1955 to make Indian tribes eligible for Federal loans to finance public works or facilities, and for other purposes.

October 15, 1962

[S. 2454]

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

Indians.

Public works loans, eligibility.

69 Stat. 642.

42 USC 1491.
That section 201 of the Housing Amendments of 1955 is amended by— (a) striking out in the first paragraph “subdivisions” and inserting in lieu thereof “subdivisions, and Indian tribes”; (b) striking out in the second paragraph “States,” and inserting in lieu thereof “States, and Indian tribes,”; and (c) striking out in the third paragraph “of States,” and inserting in lieu thereof “of States, and Indian tribes,”.
Sec. 2.

75 Stat. 173.

42 USC 1492.

Section 202 of such Act is amended by— (a) striking out in clause (1) of subsection (a) “same State),” and inserting in lieu thereof “same State), and Indian tribes”; (b) inserting “, or an Indian tribe” before the period at the end of the second sentence in subsection (c).
Sec. 3.

75 Stat. 175.

42 USC 1497.

Section 207 of such Act is amended by striking out in the first sentence “instrumentalities” and inserting in lieu thereof “instrumentalities, and Indian tribes”.
Approved October 15, 1962.
Public Law 87–809: To extend the time during which loans for mass transportation facilities may be made under title II of the Housing Amendments of 1955. Public Law 809 Public Law 87–809 76 Stat. 920 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–809
JOINT RESOLUTION To extend the time during which loans for mass transportation facilities may be made under title II of the Housing Amendments of 1955.

October 15, 1962

[S. J. Res. 235]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

75 Stat. 174.

42 USC 1492.
That section 202(d) of the Housing Amendments of 1955 is amended by striking out “December 31, 1962” and inserting in lieu thereof “June 30, 1963”.
Approved October 15, 1962.
Public Law 87–810: To amend the Federal Aviation Act of 1958. as amended, to aid the Civil Aeronautics Board in the investigation of aircraft accidents, and for other purposes. Public Law 810 Public Law 87–810 76 Stat. 921 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 921 Public Law 87–810
AN ACT To amend the Federal Aviation Act of 1958. as amended, to aid the Civil Aeronautics Board in the investigation of aircraft accidents, and for other purposes.

October 15, 1962

[S. 962]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 701(c)

Federal Aviation Act of 1958, amendment.

Aircraft accidents.

72 Stat. 781.

49 USC 1441.

of the Federal Aviation Act of 1958 is amended by adding at the end thereof the following:

“In carrying out its duties under this title, the Board is authorized to examine and test to the extent necessary any civil aircraft, aircraft engine, propeller, appliance, or property aboard an aircraft involved in an accident in air commerce. In the case of any fatal accident, the Board is authorized to examine the remains of any deceased person aboard the aircraft at the time of the accident, who dies as a result of the accident, and to conduct autopsies or such other tests thereof as may be necessary to the investigation of the accident: Provided, That to the extent consistent with the needs of the accident investigation, provisions of local law protecting religious beliefs with respect to autopsies shall be observed.”

Sec. 2. Section 701(d) of the Federal Aviation Act is amended to read: “Aircraft “(d) Any civil aircraft, aircraft engine, propeller, appliance, or property aboard an aircraft involved in an accident in air commerce, shall be preserved in accordance with, and shall not be moved except in accordance with, regulations prescribed by the Board.”
Sec. 3. Section 1105 of the Federal Aviation Act of 1958 is amended

49 USC 1505.

by inserting after the first sentence thereof the following:

“The Board may avail itself of the assistance of the Federal Bureau of Investigation and of any investigatory or intelligence agency of the United States in the investigation of the activities of any person in connection with an aircraft accident. The Board may avail itself of the assistance of any medical agency of the United States in the conduct of such autopsies or tests on the remains of deceased persons aboard the aircraft at the time of the accident, who die as a result of the accident, as may be necessary to aid the Board in the investigation of an aircraft accident.”
Sec. 4. Section 902 of the Federal Aviation Act is amended by adding

72 Stat. 784; 75 Stat. 466.

49 USC 1472.

thereto a new subsection (o) to read: “Interference With Aircraft Accident Investigation “(o) Any person who knowingly and without authority removes, conceals, or withholds any part of a civil aircraft involved in an accident, or any property which was aboard such aircraft at the time of the accident, shall be subject to a fine of no less than $100 nor more than $5,000, or imprisonment for not more than one year, or both.”
Sec. 5. Section 203 of the Federal Aviation Act of 1958 is amended

72 Stat. 742.

49 USC 1323.

by adding thereto a new subsection (c) to read: “Acceptance of Donations “(c) The Board, on behalf of the United States, is authorized to accept any gift or donation of money or personal property, or of services, where appropriate, for the purposes of its functions under 76 Stat. 922

49 USC 1441–1443.

 title VII of this Act. For adequate compensation, by sale, lease, or otherwise, the Board, on behalf of the United States, is authorized to dispose of any such personal property or interest therein: Provided, That such disposition shall be made in accordance with the Federal

63 Stat. 377.

40 USC 471 note.

Property and Administrative Services Act of 1949, as amended.”
Approved October 15, 1962.
Public Law 87–811: To amend section 362(b) of the Communications Act of 1934. Public Law 811 Public Law 87–811 76 Stat. 922 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–811
AN ACT To amend section 362(b) of the Communications Act of 1934.

October 15, 1962

[S. 1288]

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

Vessels.

Communications equipment inspection, waiver.

50 Stat. 196; 68 Stat. 706.
That the following language be added to section 362(b) of the Communications Act of 1934 (47 U.S.C.A. 360):

“The Commission may, upon a finding that the public interest would be served thereby, waive the annual inspection required under this section from the time of first arrival at a United States port from a foreign port, for the sole purpose of enabling the vessel to proceed coastwise to another port in the United States where an inspection can lie held: Provided, That such waiver may not exceed a period of thirty days.”

Approved October 15, 1962.
Public Law 87–812: To amend the Migratory Bird Conservation Act. Public Law 812 Public Law 87–812 76 Stat. 922 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–812
AN ACT To amend the Migratory Bird Conservation Act.

October 15, 1962

[S. 3504]

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

45 Stat. 1225.
That section 18 of the Migratory Bird Conservation Act (16 U.S.C. 715q) is hereby amended by striking out “commisison” and inserting in lieu thereof “commission” and by striking out “$5,000” and inserting in lieu thereof “$7,500”.
Approved October 15, 1962.
Public Law 87–813: To amend title 13, United States Code, to preserve the confidential nature of copies of reports filed with the Bureau of the Census on a confidential basis. Public Law 813 Public Law 87–813 76 Stat. 922 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–813
AN ACT To amend title 13, United States Code, to preserve the confidential nature of copies of reports filed with the Bureau of the Census on a confidential basis.

October 15, 1962

[S. 3631]

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

Census reports.

68 Stat. 1013.
That section 9(a) of title 13, United States Code, is amended by adding at the end thereof the following: “No department, bureau, agency, officer, or employee of the Government, except the Secretary in carrying out the purposes of this title, shall require, for any reason, copies of census reports which have been retained by any such establishment or individual. Copies of census reports which have been so retained shall be immune from legal process, and shall not, without the consent of the individual or establishment concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding.”
Approved October 15, 1962.
Public Law 87–814: To amend the Act of September 7, 1950, to extend the regulatory authority of the Federal and State agencies concerned under the terms of the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington May 31, 1949, and for other purposes. Public Law 814 Public Law 87–814 76 Stat. 923 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 923 Public Law 87–814
AN ACT To amend the Act of September 7, 1950, to extend the regulatory authority of the Federal and State agencies concerned under the terms of the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington May 31, 1949, and for other purposes.

October 15, 1962

[S. 2568]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2 of the

Tuna Conventions Act of 1950, amendment.

64 Stat. 777.

Act entitled “Tuna Conventions Act of 1950” (16 U.S.C. 951) is amended by repealing subsection (e) in its entirety and substituting therefor a new subsection (e) as follows: “(e) ‘United States’ shall include all areas under the sovereignty

“United States.”

of the United States, the Trust Territory of the Pacific Islands, and the Canal Zone.”
Sec. 2. Section 6 of the Act entitled “Tuna Conventions Act of 1950” (16 U.S.C. 955) is amended by striking out the phrase “head of the enforcement agency” where it appears once each in subsections (a) and (b) and inserting in lieu thereof in both places the term “Secretary of the Interior,” and by adding a new subsection (c) immediately following subsection (b), as follows: “(c) Regulations required to carry out recommendations of the

Regulations.

commission made pursuant to paragraph 5 of article II of the Convention for the Establishment of an Inter-American Tropical Tuna Commission shall be promulgated as hereinafter provided by the Secretary

1 UST 230.

of the Interior upon approval of such recommendations by the Secretary of State and the Secretary of the Interior. The Secretary

Publication in F. R.

of the Interior shall cause to be published in the Federal Register a general notice of proposed rulemaking and shall afford interested persons an opportunity to participate in the rulemaking through (1) submission or written data, views, or arguments, and (2) oral presentation at a public hearing. Such regulations shall be published in the Federal Register and shall be accompanied by a statement of the considerations involved in the issuance of the regulations. After

Applicability.

publication in the Federal Register such regulations shall be applicable to all vessels and persons subject to the jurisdiction of the United States on such date as the Secretary of the Interior shall prescribe, but in no event prior to an agreed date for the application by all countries whose vessels engage in fishing for species covered by the convention in the regulatory area on a meaningful scale in terms of effect upon the success of the conservation program, of effective measures for the implementation of the commission’s recommendations applicable to all vessels and persons subject to their respective jurisdictions. The Secretary of the Interior shall suspend at any time the application of any such regulations when, after consultation with the Secretary of State and the United States Commissioners, he determines that foreign fishing operations in the regulatory area are such as to constitute a serious threat to the achievement of the objectives of the commission’s recommendations. The regulations thus promulgated may include the selection for regulation of one or more of the species covered by the convention; the division of the convention waters into areas; the establishment of one or more open or closed seasons as to each area; the limitation of the size of the fish and quantity of the catch which may be taken from each area within any season during which fishing is allowed; the limitation or prohibition of the incidental catch of a regulated species which may be retained, taken, possessed, or landed by vessels or persons fishing for other species of fish; the requiring of such clearance certificates for vessels as may be necessary to carry out the purposes of the convention and this Act; and such other measures incidental thereto as the Secretary of the Interior may 76 Stat. 924deem necessary to implement the recommendations of the commission: Provided, That upon the promulgation of any such regulations the Secretary of the Interior shall promulgate additional regulations, with the concurrence of the Secretary of State, which shall become effective simultaneously with the application of the regulations hereinbefore referred to (1) to prohibit the entry into the United States, from any country when the vessels of such country are being used in the conduct of fishing operations in the regulatory area in such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the commission, of fish in any form of those species which are subject to regulation pursuant to a recommendation of the commission and which were taken from the regulatory area; and (2) to prohibit entry into the United States, from any country, of fish in any form of those species which are subject to regulation pursuant to a recommendation of the commission and which were taken from the regulatory area by vessels other than those of such country in such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the commission. In the case of repeated and flagrant fishing operations in the regulatory area by the vessels of any country which seriously threaten the achievement of the objectives of the commission’s recommendations, the Secretary of the Interior, with the concurrence of the Secretary of State, may, in his discretion, also prohibit the entry from such country of such other species of tuna, m any form, as may be under investigation by the commission and which were taken in the regulatory area. The aforesaid prohibitions shall continue until the Secretary of the Interior is satisfied that the condition warranting the prohibition no longer exists, except that all fish in any form of the species under regulation which were previously prohibited from entry shall continue to be prohibited from entry.”
Sec. 3. Section 7 of the Act entitled “Tuna Conventions Act of

64 Stat. 778.

1950” (16 U.S.C. 956) is amended by deleting the section in its entirety and substituting in lieu thereof the following:
“Sec. 7. Any person authorized to carry out enforcement activities under this Act and any person authorized by the commissions shall have power without warrant or other process, to inspect, at any reasonable time, catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this Act to be made, kept, or furnished.”
Sec. 4.

Violations.

Section 8 of the Act entitled “Tuna Conventions Act of 1950” (16 U.S.C. 957) is amended by deleting the section in its entirety and substituting in lieu thereof the following:
“Sec. 8. (a) It shall be unlawful for any master or other person in charge of a fishing vessel of the United States to engage in fishing in violation of any regulation adopted pursuant to section 6(c) of

Ante, p. 923.

this Act, or for any person knowingly to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation of such regulations. “(b) It shall be unlawful for the master or any person in charge of any fishing vessel of the United States or any person on board such vessel to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this Act to be made, kept, or furnished; or to fail to stop upon being hailed by a duly authorized official of the United States; or to refuse to permit the duly authorized officials of the United States or authorized officials of the commissions to board such vessel or inspect its catch, equipment, books, documents, records, or other articles or question the persons on board in accordance with the provisions of this Act, or the convention, as the case may be. 76 Stat. 925 “(c) It shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 6(c) of this Act, from

Ante, p. 923.

any country, any fish in any form of those species subject to regulation pursuant to a recommendation of the commission, or any tuna in any form not under regulation but under investigation by the commission, during the period such fish have been denied entry in accordance with the provisions of section 6(c) of this Act. In the case of any fish as described in this subsection offered for entry into the United States, the Secretary of the Interior shall require proof satisfactory to him that such fish is not ineligible for such entry under the terms of section 6(c) of this Act. “(d) Any person violating any provision of subsection (a) of this

Penalties.

section shall be fined not more than $25,000, and for a subsequent violation of any provisions of said subsection (a) shall be fined not more than $50,000. “(e) Any person violating any provision of subsection (b) of this section shall be fined not more than $1,000, and for a subsequent violation of any provision of subsection (b) shall be fined not more than $5,000. “(f) Any person violating any provision of subsection (c) of this section shall be fined not more than $100,000. “(g) All fish taken or retained in violation of subsection (a) of this section, or the monetary value thereof, may be forfeited. “(h) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, .under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act.”
Sec. 5. Section 10 of the Act entitled “Tuna Conventions Act of 1950” (16 U.S.C. 959) is amended by deleting the section in its entirety

64 Stat. 779.

and substituting in lieu thereof the following:
“Sec. 10. (a) The judges of the United States district courts and

Enforcement.

United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and the regulations issued pursuant thereto. “(b) Enforcement of the provisions of this Act and the regulations issued pursuant thereto shall be the joint responsibility of the United States Coast Guard, the United States Department of the Interior, and the United States Bureau of Customs. In addition, the Secretary of the Interior may designate officers and employees of the States of the United States, of the Commonwealth of Puerto Rico, and of American Samoa to carry out enforcement activities hereunder. When so designated, such officers and employees are authorized to function as Federal law enforcement agents for these purposes. “(c) Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this Act. “(d) Such person so authorized shall have the power— “(1) with or without a warrant or other process, to arrest any persons subject to the jurisdiction of the United States at any place within the jurisdiction of the United States committing in his presence or view a violation of this Act or the regulations issued thereunder; “(2) with or without a warrant or other process, to search any vessel subject to the jurisdiction of the United States, and, if as a result of such search he has reasonable cause to believe that such 76 Stat. 926vessel or any person on board is engaging in operations in violation of the provisions of this Act or the regulations issued thereunder, then to arrest such person. “(e) Such person so authorized may seize, whenever and wherever lawfully found; all fish taken or retained in violation of the provisions of this Act or the regulations issued pursuant thereto. Any fish so seized may be disposed of pursuant to the order of a court of competent jurisdiction, pursuant to the provisions of subsection (f) of this section or, if perishable, in a manner prescribed by regulations of the Secretary of the Interior. “(f) Notwithstanding the provisions of section 2464 of title 28 of

62 Stat. 974.

the United States Code, when a warrant of arrest or other process in rem is issued in any cause under this section, the marshal or other officer shall stay the execution of such process, or discharge any fish seized if the process has been levied, on receiving from the claimant of the fish a bond or stipulation for the value of the property with sufficient surety to be approved by a judge of the district court having jurisdiction of the offense, conditioned to deliver the fish seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value in money or otherwise to answer the decree oi the court in such cause. Such bond or stipulation shall be returned to the court and judgment thereon against both the principal and sureties may be recovered in event of any breach of the conditions thereof as determined by the court. In the discretion of the accused, and subject to the direction of the court, the fish may be sold for not less than its reasonable market value and the proceeds of such sale placed in the registry of the court pending judgment in the case.”
Sec. 6. Nothing in this Act shall be construed to amend or repeal the provisions of section 4311 of the Revised Statutes, as amended (46 U.S.C. 251).
Approved October 15, 1962.
Public Law 87–815: To amend title 38, United States Code, to provide an extension of the period within which certain educational programs must be begun and completed in the case of persons called to active duty during the Berlin crisis, and for other purposes. Public Law 815 Public Law 87–815 76 Stat. 926 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–815
AN ACT To amend title 38, United States Code, to provide an extension of the period within which certain educational programs must be begun and completed in the case of persons called to active duty during the Berlin crisis, and for other purposes.

October 15, 1962

[S. 2697]

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

Veterans.

Education or training, waiver of time limitation.

72 Stat. 1177.
That section 1613 of title 38, United States Code, is amended by inserting “(a)” immediately before “No”, and by adding at the end thereof the following new subsection: “(b) In computing the three-year period referred to in section 1612(a) of this title and the eight- and five-year periods referred to in subsection (a) of this section, the Administrator shall disregard in the case of any eligible veteran any period of active duty performed by such veteran, before August 1, 1962, pursuant to (1) a call or order thereto issued to him as a Reserve after July 30, 1961, or (2) an extension of an enlistment, appointment, or period of duty with the Armed

75 Stat. 242.

10 USC 263 note.

War orphans; educational assistance.

72 Stat. 1194.

Forces pursuant to section 2 of Public Law 87–117.”
Sec. 2. (a) Section 1712(a) of title 38, United States Code, is amended by redesignating paragraph (4) as paragraph (5), and by striking out paragraph (3) and inserting in lieu thereof the following: “(3) if the death or the parent from whom eligibility is derived 76 Stat. 927occurs after the eligible person’s eighteenth birthday but before his twenty-third birthday, then (unless paragrah (4) applies) such period shall end five years after the death of such parent; “(4) if he serves on duty with the Armed Forces as an eligible person after his eighteenth birthday but before his twenty-third birthday, then such period shall end five years after his first discharge or release from such duty with the Armed Forces (excluding from such five years all periods during which the eligible person served on active duty before August 1, 1962, pursuant to (A) a call or order thereto issued to him as a Reserve after July 30, 1961, or (B) an extension of an enlistment, appointment, or period of duty with the Armed Forces pursuant to section 2 of Public Law 87–117); however, in no event shall such period be extended beyond his thirty-first birthday by reason of this paragraph; and”. (b) Section 2 of Public Law 86–236, and section 5 of Public Law

War orphans of Spanish-American and post-Korean veterans.

73 Stat. 471.

38 USC 1712 note.

74 Stat. 1023.

38 USC 1701 note.

86–785, are each amended by inserting “(a)” immediately before “In the case of”, and by adding at the end thereof the following: “(b) In computing the five-year period prescribed in subsection (a), the Administrator of Veterans’ Affairs shall disregard all periods of active duty performed by such individual before August 1, 1962, pursuant to a call or order thereto issued to him as a Reserve after July 30, 1961, or pursuant to an extension of an enlistment, appointment, or period of duty with the Armed Forces pursuant to section 2 of Public Law 86–117.”
Sec. 3. Paragraph (26) of section 101 of title 38, United States

72 Stat. 1109.

Code, is amended (1) by striking out “Reserves” and inserting in lieu thereof “Reserve”, and (21 by striking out “members” and inserting in lieu thereof “a member”.
Sec. 4. Section 624(b) of title 38, United States Code, is amended

73 Stat. 332.

by striking out “temporarily”.
Sec. 5. Section 230 of title 38, United States Code, is amended by

VA Regional Office in Europe.

72 Stat. 1116.

adding at the end thereof the following: “(c) The Administrator is authorized to establish and maintain an office in Europe, at such location as he deems appropriate, to render technical advice and assistance in the administration of veterans’ programs in that area.”
Sec. 6. (a) The text of section 235 of title 38, United States Code,

VA employee benefits overseas.

73 Stat. 265.

is amended by inserting “or to the Veterans’ Administration office established in Europe pursuant to section 230(c) of this title” immediately after “Republic of the Philippines” both places it appears. (b) The catchline of section 235 of title 38, United States Code, and item 235 of the analysis of chapter 3 of title 38, United States Code, are each amended by striking out “in the Republic of the Philippines” and inserting in lieu thereof “at oversea offices”.
Sec. 7. (a) Section 1502(a) of title 38, United States Code, is

Readjustment benefits.

72 Stat. 1171.

amended to read as follows: “(a) Every veteran who is in need of vocational rehabilitation on account of a service-connected disability which is, or but for the receipt of retirement pay would be, compensable under chapter 11 of this title shall be furnished such vocational rehabilitation as may lie prescribed by the Administrator, if such disability— “(1) arose out of service during World War II or the Korean conflict; or “(2) arose out of service after World War II, and before the Korean conflict, or after the Korean conflict, and is rated for compensation purposes as 30 per centum or more, or if less than 76 Stat. 92830 per centum is clearly shown to have caused a pronounced employment handicap.” (b) The first sentence of section 1502(c)(3) of title 38, United States

72 Stat. 1171; 74 Stat. 820.

Code, is amended to read as follows: “(3) Vocational rehabilitation may not be afforded to a veteran on account of post-World War II service after nine years following his discharge or release; except vocational rehabilitation may be afforded to any person until— “(A) August 20, 1963, if such person was discharged or released before August 20, 1954, or “(B) Nine years after the date of the enactment of this subparagraph if such person is eligible for vocational rehabilitation by reason of a disability arising from service before such date of enactment, but either after World War II, and before the Korean conflict, or after the Korean conflict.” (c) Section 1502(c) (4) of title 38, United States Code, is amended (1) by striking out “Korean conflict service” and inserting in lieu thereof “post-World War II service”; and (2) by striking out “his service during the Korean conflict” and inserting in lieu thereof “such service”. (d)

Repeal.

72 Stat. 1171.

Section 1502(d) of title 38, United States Code, is repealed.
Approved October 15, 1962.
Public Law 87–816: To validate payments of certain per diem allowances made to members and former members of the United States Coast Guard while serving in special programs overseas. Public Law 816 Public Law 87–816 76 Stat. 928 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–816
AN ACT To validate payments of certain per diem allowances made to members and former members of the United States Coast Guard while serving in special programs overseas.

October 15, 1962

[H. R. 7099]

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

Coast Guard.

Per diem allowances, validation.
That all duly authorized payments of per diem allowances made to members of the United States Coast Guard who served in the precommissioning details of the Mediterranean loran program of the United States Coast Guard from September 17, 1958, to April 1, 1959, are validated. Any member or former member who has made repayment to the United States of any amount authorized and so paid to him as a per diem allowance is entitled to have refunded to him the amount so repaid. No member or former member who has received per diem payments referred to in this section shall be entitled to receive quarters or subsistence allowance in addition to the validated per diem payments for the same period.
Sec. 2. The Comptroller General of the United States, or his designee, shall relieve disbursing officers of the United States from accountability or responsibility for any duly authorized payments described in section 1 of this Act, and shall allow credits in settlement of the accounts of those officers for duly authorized payments which are found to be free from fraud or collusion.
Sec. 3. Appropriations available to the United States Coast Guard for operating expenses are available for payments under this Act.
Approved October 15, 1962.
Public Law 87–817: To incorporate the American Symphony Orchestra League. Public Law 817 Public Law 87–817 76 Stat. 929 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 929 Public Law 87–817
AN ACT To incorporate the American Symphony Orchestra League.

October 15, 1962

[S. 3338]

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

That the following

American Symphony Orchestra League, incorporation.

persons—

Harold Gregory, Salt Lake City, Utah; Samuel R. Rosenbaum, Philadelphia, Pennsylvania; Mrs. Harry Fagg, Beaumont, Texas; Frank E. Joseph, Shaker Heights, Ohio; John D. Wright, Phoenix, Maryland; Doctor George Szell, Cleveland, Ohio; Henry Denecke, Cedar Rapids, Iowa; Harry Levenson, Worcester, Massachusetts; Theodore C. Russell, Jackson, Mississippi; Stanley Williams, Milwaukee, Wisconsin; Oliver M. Clegg, Magnolia, Arkansas; R. Philip Hanes, Junior, Winston-Salem, North Carolina; Mrs. Ben Hale Golden, Lookout Mountain, Tennessee; Miles F. Portlock, Junior, Orkney Springs, Virginia; Mrs. B. H. Littlefield, Bradenton, Florida; Cecil W. Slocum, Omaha, Nebraska; Max Rudolph, Cincinnati, Ohio; Mrs. Ward T. Langstroth, Billings, Montana; Elden Bayley, Springfield, Ohio; George Barati, Honolulu, Hawaii; Mrs. Albert C. Olsen, Buffalo, New York; John Edwards, Pittsburgh, Pennsylvania; Mrs. Mignonne P. Ladin, New York, New York; Leslie C. White, Doraville, Georgia; Mrs. Fitzgerald Parker, Nashville, Tennessee; Doctor Peter Paul Fuchs, Baton Rouge, Louisiana; R. Wilton Billstein, Woodbury, New Jersey; Mrs. Elizabeth S. Greene, West Hartford, Connecticut; Gibson Morrissey, Roanoke, Virginia; Alfred C. Connable, Kalamazoo, Michigan; Mrs. Holmes Frederick, Greenville, South Carolina; William Steinberg, Pittsburgh, Pennsylvania; Virginia Wartman, Allentown, Pennsylvania; Robert L. Conn, Springfield, Illinois; Paul O. Grammer, Essex Fells, New Jersey; Henry Janiec, Spartanburg, South Carolina; Charles B. Stacy, Charleston, West Virginia; Doctor James Christian Pfohl, Charlotte, North Carolina; Frederick I. Moyer, Castle Rock, Colorado; Thomas D. Perry, Junior, Hingham, Massachusetts; Carlos Moseley, New York, New York; Mrs. G. Robert Herberger, Scottsdale, Arizona; James P. Robertson, Wichita, Kansas; Myron Levite, Brooklyn, New York; Mrs. Leo R. Pflaum, Wayzata, Minnesota;

and their successors, are hereby created and declared to be a body corporate by the name of American Symphony Orchestra League (hereinafter referred to as the corporation) and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.
76 Stat. 930
completion of organization Sec. 2. A majority of the persons named in the first section of this Act are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws not inconsistent with this Act, and the doing of such other acts as may be necessary for such purpose.
purposes of the corporation Sec. 3. The purposes of the corporation shall be to— (1) serve as a coordinating, research and educational agency and clearinghouse for symphony orchestras in order to help strengthen the work in their local communities; (2) assist in the formation of new symphony orchestras; (3) through suitable means, encourage and recognize the work of America’s musicians, conductors, and composers; and (4) aid the expansion of the musical and cultural life of the United States through suitable educational and service activities.
corporate powers Sec. 4. The corporation shall have power— (1) to have succession by its corporate name; (2) to sue and be sued, complain and defend in any court of competent jurisdiction; (3) to adopt, use, and alter a corporate seal; (4) to choose such officers, managers, agents, and employees as the business of the corporation may require; (5) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs; (6) to contract and be contracted with; (7) to take by lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State; (8) to transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal, or mixed property; and (9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of Federal and State laws.
principal office; scope of activities; district of columbia agent Sec. 5. (a) The principal office of the corporation shall be located in Charleston, West Virginia, or in such other place as may be later determined by the board of directors, but the activities oi the corporation shall not be confined to that place, but may be conducted throughout, the United States, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. (b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for 76 Stat. 931the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.
membership; voting rights Sec. 6. (a) Eligibility for membership in the corporation and the rights, privileges, and designation of classes of members shall, except as provided in this Act, be determined as the constitution and bylaws of the corporation may provide. (b) Each member of the corporation, other than honorary, sustaining or associate members, shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation.
board of directors; composition, responsibilities Sec. 7. (a) Upon the enactment of this Act the membership of the initial board of directors of the corporation shall consist of the following persons: R. Wilton Billstein, Woodbury, New Jersey; Igor Buketoff, Fort Wayne, Indiana; Mrs. Ronald A. Dougan, Beloit, Wisconsin; Mrs. J. W. Graham, Sioux City, Iowa; Howard Harrington, Detroit, Michigan; William Herring, Winston-Salem, North Carolina; Harold Kendrick, New Haven, Connecticut; Robert MacIntyre, Birmingham, Alabama; Thomas Perry, Junior, Boston, Massachusetts; Mrs. H. W. Roberts, Dallas, Texas; Mrs. Jouett Shouse, Washington, District of Columbia; Alan Watrous, Dallas, Texas; John S. Edwards, Pittsburgh, Pennsylvania; Mrs. Fred Lazarus III, Cincinnati, Ohio; Charles W. Bonner, Fresno, California; Alfred Connable, Kalamazoo, Michigan; Victor Feldbrill, Winnipeg, Manitoba, Canada; Mrs. Gerald S. Greene, West Hartford, Connecticut; Mrs. G. Robert Herberger, Scottsdale, Arizona; Thomas Iannaccone, Rochester, New York; Dr. Richard Lert, Hollywood, California; Mrs. Fitzgerald Parker, Nashville, Tennessee; Mrs. Leo R. Pflaum, Wayzata, Minnesota; Miss Helen Ryan, Orlando, Florida; George Szell, Cleveland, Ohio; Jackson Wiley, Springfield, Ohio; George Irwin, Quincy, Illinois; R. H. Wangerin, Louisville, Kentucky. (b) Thereafter, the board of directors of the corporation shall consist of such number, shall be selected in such manner (including the filling of vacancies), and shall serve for such term as may be prescribed in the constitution and bylaws of the corporation. (c) The board of directors shall be the governing board of the corporation and, during the intervals between the meetings of members, shall be responsible for the general policies and program of the corporation and for the control of all contributed funds as may be raised by the corporation.
76 Stat. 932
officers; election and duties of officers Sec. 8. (a) The officers of the corporation shall be a president, one or more vice presidents (as may be prescribed in the constitution and bylaws of the corporation), a secretary, and a treasurer, and one or more assistant secretaries and assistant treasurers as may be provided in the constitution and bylaws. (b) The officers of the corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the constitution and bylaws of the corporation.
use of income; loans to officers, directors, or employees Sec. 9. (a) No part of the income or assets of the corporation shall inure to any of its members, directors, or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the board of directors of the corporation. (b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan or advance to an officer, director, or employee of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.
nonpolitical nature of corporation Sec. 10. The corporation, and its officers and directors as such, shall not contribute to or otherwise support or assist any political party or candidate for public office.
liability for acts of officers and agents Sec. 11. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.
prohibition against issuance of stock or payment of dividends Sec. 12. The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.
books and records; inspection Sec. 13. The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any authority under the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time.
76 Stat. 933
audit of financial transactions Sec. 14. (a) The accounts of the American Symphony Orchestra League shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted at the place or places where the accounts of the corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audit; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons. (b) A report of such audit shall be made by the corporation to the Congress not later than March 1 of each year. The report shall set forth the scope of the audit and shall include a verification by the person or persons conducting the audit of statements of (1) assets and liabilities, (2) capital and surplus or deficit, (3) surplus or deficit analysis, (4) income and expense, and (5) sources and application of funds. Such report shall not be printed as a public document.
use of assets on dissolution or liquidation Sec. 15. Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.
exclusive right to name, emblem, seals, and badges Sec. 16. The corporation shall have the sole and exclusive right to the name “American Symphony Orchestra League” and to have and to use in carrying out its purposes distinctive insignia, emblems and badges, descriptive or designating marks, and words or phrases as may be required in the furtherance of its functions. No powers or privileges hereby granted shall, however, interfere or conflict with established or vested rights.
transfer of assets Sec. 17. The corporation may acquire the assets of the American Symphony Orchestra League, Incorporated, a corporation organized under the laws of the States of Virginia and Michigan, upon discharging or satisfactorily providing for the payment and discharge of all or the liability of such corporation and upon complying with all laws of the States of Virginia and Michigan applicable thereto.
reservation of right to amend or repeal charter Sec. 18. The right to alter, amend, or repeal this Act is expressly reserved.
Approved October 15, 1962.
Public Law 87–818: To amend the Act of July 15, 1955, relating to the conservation of anthracite coal resources. Public Law 818 Public Law 87–818 76 Stat. 934 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 934 Public Law 87–818
AN ACT To amend the Act of July 15, 1955, relating to the conservation of anthracite coal resources.

October 15, 1962

[H. R. 4094]

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

Anthracite coal resources.

Conservation.
That the Act entitled “An Act to provide for the conservation of anthracite coal resources through measures of flood control and anthracite mine drainage,

69 Stat. 352.

and for other purposes”, approved July 15, 1955 (30 U.S.C. 572), is amended in the following respects: (1)

Abandoned coal mines, congressional policy.

30 USC 571.

The second sentence of section 1 is amended to read as follows: “It is therefore declared to be the policy of the Congress to provide for the control and drainage of water in the anthracite coal formations and thereby conserve natural resources, promote national security, prevent injuries and loss of life, and preserve, public and private property, and to seal abandoned coal mines and to fill voids in abandoned coal mines, in those instances where such work is in the interest of the public health or safety.”; (2)

Financial contributions.

30 USC 572.

The preamble clause of section 2 is amended to read as follows: “The Secretary of the Interior is authorized, in order to carry out the above-mentioned purposes, to make financial contributions on the basis of programs or projects approved by the Secretary to the Commonwealth of Pennsylvania (hereinafter designated as the ‘Commonwealth’) to seal abandoned coal mines and to fill voids in abandoned coal mines, in those instances where such work is in the interest of the public health or safety, and for control and drainage of water which, if not so controlled or drained, will cause the flooding of anthracite coal formations, said contributions to be applied to the cost of drainage works, pumping plants, and related facilities but subject, however, to the following conditions and limitations:”; (3)

Amount.

Section 2(b) is amended to read as follows: “The total amount of contributions by the Secretary of the Interior under the authority of this Act shall not exceed $8,500,000, of which $1,500,000 of the unexpended balance remaining as of July 31, 1962, shall be reserved for the control and drainage of water;”; (4)

Limitation on use.

Section 2(c) is amended to read as follows: “The amounts contributed by the Secretary of the Interior under the authority of this Act and the equally matched amounts contributed by the Commonwealth shall not be used for operating and maintaining projects constructed pursuant to this Act or for the purchase of culm, rock, or spoil banks;”; (5) Section 2(d) is amended by striking out the word “and” after the semicolon; (6)

Project locations.

Section 2(e) is amended to read as follows: “Projects constructed pursuant to this Act shall be so located, operated, and maintained as to provide the maximum conservation of anthracite coal resources or, in those instances where such work would be in the interest of the public health or safety, to seal abandoned coal mines and to fill voids in abandoned coal mines, and, where possible, to avoid creating inequities among those mines which may be affected by the waters to be controlled thereby; and”; (7)

Projects economically justified.

Section 2 is further amended by adding a new subsection to read as follows: “(f) Projects for the sealing of abandoned coal mines or the filling of voids in abandoned coal mines shall be determined by the Secretary of the Interior to be economically justified. The Secretary shall 76 Stat. 935not find any project to be economically justified unless the potential benefits are estimated by him to exceed the estimated cost of the project.” (8) Section 5 is amended by adding a sentence to read as follows:

Report to Congress.

30 USC 575.

“The Secretary of the Interior shall, on or before the first day of February of each year after the institution of the program for the sealing of abandoned coal mines or the filling of voids in abandoned coal mines, submit a report to Congress of the actions taken under this Act.”
Approved October 15, 1962.
Public Law 87–819: To amend section 641 of title 38, United States Code, to provide that deductions shall not be made from Federal payments to a State home because of amounts collected from the estates of deceased veterans and used for recreational or other purposes not required by State laws, and to amend chapter 35 of such title in order to afford educational assistance in certain cases beyond the age limitations prescribed in such chapter. Public Law 819 Public Law 87–819 76 Stat. 935 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–819
AN ACT To amend section 641 of title 38, United States Code, to provide that deductions shall not be made from Federal payments to a State home because of amounts collected from the estates of deceased veterans and used for recreational or other purposes not required by State laws, and to amend chapter 35 of such title in order to afford educational assistance in certain cases beyond the age limitations prescribed in such chapter.

October 15, 1962

[H. R. 9737]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 641(b)

Veterans.

Federal payments to State homes.

72 Stat. 1146.

of title 38, United States Code, is amended by adding immediately below paragraph (2) thereof the following: “No reduction shall be made under this subsection by reason of the retention or collection by a State home of any amounts from the estate of a deceased veteran if such amounts are placed in a post fund or other special fund and used for the benefit of the State home or its inhabitants in providing— “(A) educational, recreational, or entertainment facilities or activities; “(B) operation of post exchanges; or “(C) other activities or facilities for the benefit of the home or its inhabitants which are not specifically required by State law (including the cost of any necessary insurance to protect the property of such fund or any of its facilities).”
Sec. 2. Section 1712 of title 38, United States Code, is amended

Educational assistance beyond age limitation.

72 Stat. 1194.

by adding at the end thereof a new subsection as follows: “(c) Notwithstanding the provisions of subsection (a) of this section, an eligible person may be afforded educational assistance beyond the age limitation applicable to him under such subsection if (1) he suspends pursuit of his program of education after having enrolled in such program within the time period applicable to him under such subsection, (2) he is unable to complete such program after the period of suspension and before attaining the age limitation applicable to him under such subsection, and (3) the Administrator finds that the suspension was due to conditions beyond the control of such person; but in no event shall educational assistance be afforded such person by reason of this subsection beyond the age limitation applicable to him under subsection (a) of this section plus a period of time equal to the period he was required to suspend the pursuit of his program, or beyond his thirty-first birthday, whichever is earlier.”
Approved October 15, 1962.
Public Law 87–820: To amend the Act of September 7, 1957, relating to aircraft loan guarantees. Public Law 820 Public Law 87–820 76 Stat. 936 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 936 Public Law 87–820
AN ACT To amend the Act of September 7, 1957, relating to aircraft loan guarantees.

October 15, 1962

[H. R. 10129]

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

Aircraft loan guarantees.
That subsection (a) of section 2 of the Act of September 7, 1957 (Public Law 85–307; 71

49 USC 1324 note.

Stat. 629), is amended to read as follows: “(a) ‘Secretary’ means the Secretary of Commerce.”
Sec. 2. Section 3 of such Act of September 7, 1957, is amended— (1) by striking out “Board” the first place it appears in the first sentence of such section 3 and inserting in lieu thereof “Secretary”; (2) by inserting “Civil Aeronautics” immediately preceding “Board” the second place it appeal’s in such first sentence; (3) by striking out the term “United States” each place it appears in clause (c) of such first sentence and inserting in lieu thereof in each such place “forty-eight contiguous States”; and (4) by striking out “Board” where it appears in the second sentence of such section 3 and inserting in lieu thereof “Secretary”.
Sec. 3. Section 4 of such Act of September 7, 1957, is amended— (1) by striking out “$5,000,000” in subsection (d) and inserting in lieu thereof “$10,000,000”; and (2) by striking out “Board” in subsections (e) and (f) and inserting in lieu thereof in each of such subsections “Secretary”.
Sec. 4. Section 5 of such Act of September 7, 1957, is amended by striking out “Board” and inserting in lieu thereof “Secretary”.
Sec. 5. (a) Subsection (a) of section 6 of such Act of September 7, 1957, is amended— (1) by striking out “it” the first place it appears therein and inserting in lieu thereof “him”; (2) by striking out “it” the second place it appears therein and inserting in lieu thereof “he”; and (3) by striking out “Board” and inserting in lieu thereof “Secretary”. (b) Section 6 of such Act of September 7, 1957, is amended by adding at the end thereof the following new subsection: “(c) The Secretary shall make available to the Comptroller General of the United States such information with respect to the loan guaranty program under this Act as the Comptroller General may

42 Stat. 20.

31 USC 1.

require to carry out his duties under the Budget and Accounting Act, 1921.”
Sec. 6. Section 7 of such Act of September 7, 1957, is amended by striking out “Board” in subsections (b) and (c) and inserting in lieu thereof in each of such subsections “Department of Commerce”.
Sec. 7. Section 8 of such Act of September 7, 1957, is amended by striking out “five” and inserting in lieu thereof “ten”.
Sec. 8. Section 410 of the Federal Aviation Act of 1958 (49 U.S.C.

72 Stat. 769.

1380), is amended by adding at the end thereof the following new sentence: “The provisions of this section shall not be applicable to the guaranty of loans by the Secretary of Commerce under the provisions

71 Stat. 629.

49 USC 1324 note.

of such Act of September 7, 1957, as amended, but the Secretary of Commerce shall consult with and consider the views and recommendations of the Board in making such guaranties.”
Sec. 9. (a)

Orders, etc., effective until terminated.

All orders, determinations, rules, regulations, permissions, approvals, agreements, rulings, directives, and privileges which have been issued, made, or granted, or allowed to become effective, by 76 Stat. 937the Civil Aeronautics Board, or any court of competent jurisdiction, under any provision of law amended by this Act, or in the exercise of duties, powers, or functions which, under this Act, are vested in the Secretary of Commerce, and which are in effect on the date of enactment of this Act shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed by the Secretary of Commerce or by any court of competent jurisdiction, or by operation of law. (b) The provisions of this Act shall not affect any proceedings pending before the Civil Aeronautics Board on the date of enactment of this Act; but any such proceedings shall be continued before the Secretary of Commerce, orders issued therein, and payments made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or repealed by the Secretary of Commerce, or by operation of law. (c) The provisions of this Act. shall not affect suits commenced

Prior suits not affected.

prior to the date of its enactment; and all such suits shall be continued by the Secretary of Commerce, proceedings therein had, appeals therein taken, and judgments therein rendered, in the same manner and with the same effect as if this Act had not been enacted. No suit, action, or other proceeding lawfully commenced by or against the Civil Aeronautics Board or officer or the United States, in relation to the discharge of official duties, shall abate by reason of any transfer of authority, power, or duties from the Board or officer to the Secretary of Commerce under the provisions of this Act, but the court upon a motion or a supplemental petition filed at any time within twelve months after such transfer, showing the necessity for a survival o5 such suit, action, or other proceeding to obtain a settlement of the questions involved, may allow the same to be maintained by or against the Secretary of Commerce.
Sec. 10. (a) The officers, employees, and property (including office

Transfer of personnel and equipment.

equipment and official records) of the Civil Aeronautics Board which the Bureau of the Budget, after consultation with the Board, shall determine to have been employed by the Board in the exercise and performance of those powers and duties vested in and imposed upon it by the Act of September 7, 1957 (71 Stat. 629), as in effect on the day

49 USC 1324 note.

before the date of enactment of this Act, and which are vested by this Act in the Secretary of Commerce, shall be transferred to the Department of Commerce upon such date or dates as the Bureau of the Budget shall specify. The transfer of personnel under this section shall be without reduction in classification or compensation, except that this requirement shall not operate after the end of the fiscal year during which such transfer is made to prevent the adjustment of classification or compensation to conform to the duties to which such transferred personnel may be assigned. (b) All records transferred to the Secretary of Commerce under

Records, availability to Secretary of Commerce.

this Act shall be available for use by him to the same extent as if such records were originally records of the Secretary.
Approved October 15, 1962.
Public Law 87–821: To amend the Act concerning gifts to minors In the District of Columbia. Public Law 821 Public Law 87–821 76 Stat. 938 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 938 Public Law 87–821
AN ACT To amend the Act concerning gifts to minors In the District of Columbia.

October 15, 1962

[H. R. 11018]

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

District of Columbia Uniform Gifts to Minors Act.
That the Act entitled “An Act concerning gifts of securities to minors in the District of Columbia”, approved August 3, 1956 (70 Stat. 1028; D.C. Code, sec. 21–214), is amended to read as follows:
“Section 1.

Definitions.

As used in this Act, the following terms shall have the meaning ascribed to each: “(1) ‘Adult’: one who has attained the age of twenty-one years. “(2) ‘Bank’: any person or association of persons carrying on the business of banking, whether incorporated or not, in the District of Columbia. “(3) ‘Broker’: one who is lawfully engaged in the business of effecting transactions in securities for the account of others; a bank which effects such transactions; and one who is lawfully engaged in buying and selling securities for his own account, through a broker or otherwise, as a part of a regular business. “(4) ‘Court’: The United States District Court for the District of Columbia. “(5) ‘Custodial property’: “(A) All securities, money, life insurance and annuity contracts under the supervision of the same custodian for the same minor as a consequence of a gift or gifts made to the minor in the manner prescribed in this Act; “(B) The income from the custodial property; and “(C) The proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment, or other disposition of such securities, money, life insurance and annuity contracts, and income. “(6) ‘Custodian’: one so designated in the manner prescribed in this Act. “(7) ‘Guardian of a minor’: the general guardian, guardian, tutor, or curator of the minor’s property, estate or person. “(8) ‘Issuer’: one who places or authorizes the placing of his name on a security (other than as a transfer agent) to evidence that it represents a share, participation or other interest in his property or in an enterprise or to evidence his duty or undertaking to perform an obligation evidenced by the security, or who becomes responsible for or in place of any such person. “(9) ‘Legal representative’: the executor or the administrator, general guardian, committee, conservator, tutor, or curator of a person’s property or estate. “(10) ‘Life insurance and annuity contracts’: shall include only insurance and annuity contracts on the life of a minor or a member of the minor’s family as herein defined. “(11) ‘Member of a minor’s family’: any of the minor’s parents, grandparents, brothers, sisters, uncles, and aunts, whether of the whole blood or the half blood, or by or through legal adoption. “(12) ‘Minor’: one who has not attained the age of twenty-one years. “(13) ‘Security’: any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate, or, in general, any in-76 Stat. 939terest or instrument commonly known as a security, or any certificate of interest of participation in, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. ‘Security’ does not include a security of which the donor is the issuer. A ‘security’ is in ‘registered form’ when it specifies a person entitled to it or to the right it evidences and its transfer may be registered upon books maintained for that purpose by or on of the issuer. “(14) ‘Transfer agent’: one who acts as authenticating trustee, transfer agent, registrar, or other agent for an issuer in the registration of transfers of its securities or in the issue of new securities or in the cancellation of surrendered securities. “(15) ‘Trust company’: a bank authorized to exercise trust powers.
“Sec. 2. (a) An adult may, during his lifetime, make a gift of a

Registration or delivery.

security, money, life insurance or annuity contract to one who is a minor on the date of the gift, if the subject of the gift is a security— “(1) in registered form, by registering it in the name of the donor, another adult, or a trust company, followed, in substance, by the words: ‘as custodian for (name of minor) under the District of Columbia Uniform Gifts to Minors Act’; “(2) not in registered form, by delivering it to an adult other than the donor or a trust company, accompanied by a statement of gift in the following form, in substance, signed by the donor and the designated custodian: “GIFT UNDER THE DISTRICT OF COLUMBIA UNIFORM GIFTS TO MINORS ACT

“I, (name of donor), hereby deliver to (name of custodian) as custodian for (name of minor) under the District of Columbia Uniform Gifts to Minors Act, the following security(ies); (insert an appropriate description of the security or securities delivered sufficient to identify it or them).

-------------------------------------------

(signature of donor)

Dated: -------------------------------------------

(Name of custodian) hereby acknowledges receipt of the above described security (les) as custodian for the above minor under the above Act.

-------------------------------------------

(signature of custodian)

Dated:-------------------------------------------

 “(3) If the subject of the gift is a life insurance or annuity contract, the ownership of the contract shall be registered by the donor of such contract in his own name or in the name of an adult member of the minor’s family or in the name of any guardian of the minor, followed by the words ‘as custodian for (name of minor) under the District of Columbia Uniform Gifts to Minors Act’, and such contract shall be delivered to the person in whose name it is thus registered as custodian. If the contract is registered in the name of the donor, as custodian, such registration shall of itself constitute the delivery required by this section. “(4) If the subject of the gift is money, by paying or delivering it to a broker or a bank for credit to an account in the name of the donor, another adult, or a bank with trust powers, followed, in substance, by the words: ‘as custodian for (name of minor) under the District of Columbia Uniform Gifts to Minors Act’. “(b) Any gift made in the manner prescribed in subsection (a) may be made to only one minor. 76 Stat. 940 “(c) A donor who makes a gift to a minor as prescribed in subsection (a) shall promptly do all things within his power to put the subject of the gift in the possession and control of the custodian, but neither the donor’s failure to comply with this subsection, nor his designation of an ineligible person as custodian, nor renunciation by the person designated as custodian shall affect the consummation of the gift.
“Sec. 3. (a)

Irrevocability.

A gift made as prescribed in this Act shall be irrevocable and convey to the minor indefeasibly vested legal title to the security, money, life insurance or annuity contract given, but no guardian of the minor shall have any right, power, duty, or authority with respect to the custodial property except as provided in this Act. “(b) By making a gift in the manner prescribed in this Act, the donor incorporates in his gift all the provisions thereof and grants to the custodian, and to any issuer, transfer agent, bank, broker, insurance company, or third person dealing with a custodian, the respective powers, rights, and immunities provided in this Act.
“Sec. 4. (a)

Custodian, duties.

Only one person may be the custodian. He shall collect, hold, manage, invest, and reinvest the custodial property. “(b) The custodian shall pay over to the minor for expenditure by him, or expend for the minor’s benefit, so much of or all the custodial property as the custodian deems advisable for the support, maintenance, education, and benefit of the minor in the manner, at the time or times, and to the extent that the custodian in his discretion deems suitable and proper, with or without court order, with or without regard to the duty of himself or of any other person to support the minor or his ability to do so, and with or without regard to any other income or property of the minor which may be applicable or available for any such purpose. “(c) The court, on the petition of a parent or guardian of the minor or of the minor, if he has attained the age or fourteen years, may order the custodian to pay over to the minor for expenditure by him or to expend so much of or all the custodial property as is necessary for the minor’s support, maintenance, or education. “(d) To the extent that the custodial property is not so expended, the custodian shall deliver or pay it over to the minor on his attaining the age of twenty-one years or, if the minor dies before attaining that age, he shall thereupon deliver or pay it over to the estate of the minor. “(e) The custodian, notwithstanding statutes restricting investments by fiduciaries, shall invest and reinvest the custodial property as would a prudent person of discretion and intelligence who is seeking a reasonable income and the preservation of capital, except that he may, in his discretion and without liability to the minor or his estate, retain a security given to the minor in the manner prescribed in this Act. “(f) The custodian may sell, exchange, convert, or otherwise dispose of custodial property in the manner, at the time or times, for the price or prices, and upon the terms he deems advisable. He may vote in person or by general or limited proxy a security which is custodial property. He may consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of an issuer, a security which is custodial property, and to the sale, lease, pledge, or mortgage of any property by or to such an issuer, and to any other action by such an issuer. He may execute and deliver any and all instruments in writing which he deems advisable to carry out any of his powers as custodian. “(g) The custodian shall register each security which is custodial property and in registered form in the name of the custodian, followed, in substance, by the words: ‘as custodian for (name of minor) under 76 Stat. 941the District of Columbia Uniform Gifts to Minors Act’. He shall hold all money which is custodial property in an account with a broker or in a bank in the name of the custodian, followed, in substance, by the same words. He shall keep all other custodial property separate and distinct from his own property in a manner to identify it clearly as custodial property. “(h) The custodian shall keep records of all transactions with respect to the custodial property, and make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor, if he has attained the age of fourteen years. “(i) A custodian shall have and hold as powers in trust, with respect to the custodial property, in addition to the rights and powers provided in this Act, all the rights and powers which a guardian has with respect to property not held as custodial property. “(j) If the subject of the gift is a life insurance or annuity contract, the custodian shall have all of the incidents of ownership in the contract which he may hold as custodian to the same extent as if he were the owner thereof personally. The designated beneficiary of any such contract held by a custodian shall be the minor or, in the event of his death, the minor’s estate.
“Sec. 5. (a) A custodian shall be entitled to reasonable compensation

Compensation.

for his services and to reimbursement from the custodial property for his reasonable expenses incurred in the performance of his duties: Provided, That a custodian may act without compensation for his services. “(b) Compensation for the guardian or custodian shall be according to: “(1) Any direction of the donor when the gift is made, provided that it is not in excess of any statutory limitation of the District of Columbia for guardians or custodians; “(2) Any statute of the District of Columbia applicable to custodians or guardians; “(3) Any order of the court. “(c) Except as otherwise provided in this Act, a custodian shall not be required to give a bond for the performance of his duties. “(d) A custodian not compensated for his services shall not be liable for losses to the custodial property unless they result from his bad faith, intentional wrongdoing, or gross negligence or from his failure to maintain the standard of prudence in investing the custodial property provided in this Act.
“Sec. 6. (a) Only an adult, a guardian of the minor, or a trust company

Successor custodian.

shall be eligible to become successor custodian. A successor custodian shall have all the rights, powers, duties, and immunities of a custodian designated in the manner prescribed by this Act. “(b) A custodian, other than the donor, may resign and designate his successor by— “(1) executing an instrument of resignation designating the successor custodian; and “(2) causing each security which is custodial property and in registered form and each life insurance or annuity contract to be registered in the name of the successor custodian followed, in substance, by the words: ‘as custodian for (name of minor) under the District of Columbia Uniform Gifts to Minors Act’; and “(3) delivering to the successor custodian the instrument of resignation, each security registered in the name of the successor custodian, each life insurance or annuity contract registered in the name of the successor custodian, and all other custodial property, together with any additional instruments required for the transfer thereof. 76 Stat. 942 “(c) A custodian, whether or not a donor, may petition the court for permission to resign and for the designation of a successor custodian. “(d) If the person designated as custodian is not eligible, renounces or dies before the minor attains the age of twenty-one years, the guardian of the minor shall be successor custodian. If the minor has no guardian, a donor, his legal representative, the legal representative of the custodian, an adult member of the minor’s family, or the minor, if he has attained the age of fourteen years, may petition the court for the designation of a successor custodian. “(e) A donor, the legal representative of a donor, an adult member of the minor’s family, a guardian of the minor or the minor, if he has attained the age of fourteen years, may petition the court that, for cause shown in the petition, the custodian be removed and a successor custodian be designated or, in the alternative, that the custodian be required to give bond for the performance of his duties. “(f) Upon the filing of a petition as provided in this section, the court shall grant an order, directed to the persons and returnable on such notice as the court may require, to show cause why the relief prayed for in the petition should not be granted and, in due course, grant such relief as the court finds to be in the best interests of the minor.
“Sec. 7. (a)

Accounting.

The minor, if he has attained the age of fourteen years, or the legal representative of the minor, an adult member of the minor’s family, or a donor or his legal representative may petition the court for an accounting by the custodian or his legal representative. “(b) The court, in a proceeding under this Act or otherwise, may require or permit the custodian or his legal representative to account and, if the custodian is removed, shall so require and order delivery of all custodial property to the successor custodian and the execution of all instruments required for the transfer thereof.
“Sec. 8.

Validity of instruments or instructions.

No issuer, transfer agent, bank, broker, insurance company, or other person acting on the instructions of or otherwise dealing with any person purporting to act as a donor or in the capacity of a custodian shall be responsible for determining whether the person designated by the purported donor or purporting to act as a custodian has been duly designated or whether any purchase, sale, or transfer to or by or any other act of any person purporting to act in the capacity of custodian is in accordance with or authorized by this Act, and shall not be obliged to inquire into the validity or propriety under the provisions of this Act of any instrument or instructions executed or given by a person purporting to act as a donor or in the capacity of a custodian, and shall not be bound to see to the application by any person purporting to act in the capacity of a custodian of any money or other property paid or delivered to him.
“Sec. 9. (a) The provisions of this Act shall be construed to effectuate the general purpose thereof to make uniform the law of those States which enact such provisions. “(b) This Act shall not be construed as providing an exclusive method for making gifts to minors.
“Sec. 10. If any provision of this Act or the application thereof is held invalid, the other provisions or applications of such provisions shall not be affected thereby.
“Sec. 11.

Short title.

This Act may be cited as the ‘District of Columbia Uniform Gifts to Minors Act.”
76 Stat. 943
Sec. 2. (a) All laws or parts of laws in conflict with any provision

Repeal.

of this Act are hereby repealed. (b) The amendments made to the Act of August 3, 1956 (70 Stat. 1028; D.C. Code, secs. 21–214 et seq.), by the first section of this Act shall not affect any right or liability under such Act of August 3, 1956, existing on December 31, 1962. (c) Nothing herein shall be deemed to repeal or modify the Internal Revenue Code of 1954, as amended, and the District of Columbia

26 USC 1 et seq.

61 Stat. 328.

D. C. Code 1–1 to 1–4.

Income and Franchise Tax Act of 1947, as amended.
Sec. 3. This Act shall take effect January 1, 1963.
Approved October 15, 1962.
Public Law 87–822: To amend the Mineral Leasing Act of February 25, 1920. Public Law 822 Public Law 87–822 76 Stat. 943 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–822
AN ACT To amend the Mineral Leasing Act of February 25, 1920.

October 15, 1962

[H. R. 11049]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 31 of

Mineral Leasing Act, amendment.

the Mineral Leasing Act of February 25, 1920 (41 Stat. 450), as amended (30 U.S.C. 188), is further amended by designating the first

60 Stat. 956.

paragraph thereof as subsection “(a)”, the second paragraph as subsection “(b)”, and adding two new subsections to read as follows: “(c) Where any lease has been terminated automatically by operation

Oil and gas leases, reinstatement.

of law under this section for failure to pay rental timely and it is shown to the satisfaction of the Secretary of the Interior that the failure to pay timely the lease rental was justifiable or not due to a lack of reasonable diligence, he in his judgment may reinstate the lease subject to the following conditions: “(1) A petition for reinstatement, together with the required rental, for any lease (a) terminated prior to the effective date of this Act must be filed with the Secretary of the Interior within one hundred and eighty days after the effective date of this Act; “(2) No valid lease has been issued affecting any of the lands in the terminated lease prior to the filing of the petition for reinstatement. “(d) Where, in the judgment of the Secretary of the Interior, drilling operations were being diligently conducted on the last day of the primary term of the lease, and, except for nonpayment of rental, the lessee would have been entitled to extension or his lease, pursuant to section 4(d) of the Act of September 2, 1960 (74 Stat. 790), the Secretary

30 USC 226–1.

of the Interior may reinstate such lease notwithstanding the failure of the lessee to have made payment of the next year’s rental, provided the conditions of subparagraphs (1) and (2) of section (c) are satisfied.”
Sec. 2. Nothing in this Act shall be construed as limiting the authority of the Secretary of the Interior to issue, during the periods in which petitions for reinstatement may be filed, oil and gas leases for any of the lands affected.
Approved October 15, 1962.
Public Law 87–823: To revise the formula for apportioning cash assistance funds among the States under the National School Lunch Act, and for other purposes. Public Law 823 Public Law 87–823 76 Stat. 944 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 944 Public Law 87–823
AN ACT To revise the formula for apportioning cash assistance funds among the States under the National School Lunch Act, and for other purposes.

October 15, 1962

[H. R. 11665]

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

National School Lunch Act, amendment.

60 Stat. 230.

42 USC 1752.
That section 3 of the National School Lunch Act is amended to read as follows:
“appropriations authorized “Sec. 3. For each fiscal year there is hereby authorized to be appropriated, out of money in the Treasury not otherwise appropriated, such sums as may be necessary to enable the Secretary of Agriculture (hereinafter referred to as the ‘Secretary’) to carry out the provisions

42 USC 1760.

42 USC 1753.

of this Act, other than section 11.”
Sec. 2. Section 4 of the National School Lunch Act is amended to read as follows:
“apportionments to states “Sec. 4. The sums appropriated for any fiscal year pursuant to the authorization contained in section 3 of this Act, excluding the sum

42 USC 1754.

specified in section 5, shall be available to the Secretary for supplying agricultural commodities and other foods for the program in accordance with the provisions of this Act. The Secretary shall apportion among the States during each fiscal year not less than 75 per centum of the funds made available for such year for supplying agricultural commodities and other foods under the provisions of section 3 of this Act. Apportionment among the States shall be made on the basis of two factors: (1) the participation rate for the State, and (2) the assistance need rate for the State. The amount of apportionment to any State shall be determined by the following method: First, determine an index for the State by multiplying factors (1) and (2); second, divide this index by the sum of the indices for all the States (exclusive of American Samoa for periods ending before July 1, 1967); and third, apply the figure thus obtained to the total funds to be apportioned. If any State cannot utilize all funds so apportioned to it, or if additional funds are made available under section 3 for apportionment among the States, the Secretary shall make further apportionments to the remaining States in the same manner. Notwithstanding the foregoing provisions of this section, (t) for the fiscal year beginning July 1, 1962, three-quarters of any funds available for apportionment among the States shall be apportioned in the manner used prior to such fiscal year, and one-quarter of any such funds shall be apportioned in accordance with the foregoing sentences of this section, (2) for the fiscal year beginning July 1, 1963, one-half of any funds available for apportionment among the States shall be apportioned in the manner used prior to the fiscal year beginning July 1, 1962, and one-half of any such funds shall be apportioned in accordance with the foregoing sentences of this section, (3) for the fiscal year beginning July 1, 1964, one-quarter of any funds available for apportionment among the States shall be apportioned in the manner used prior to the fiscal year beginning July 1, 1962, and three-quarters of any such funds shall be apportioned in accordance with the foregoing sentences of this section, and (4) for the five fiscal years in the period beginning July 1, 1962, and ending June 30, 1967, the amount apportioned to American Samoa shall be $25,000 each year, which amount shall be first deducted from the funds available for apportionment in determining the amounts to be apportioned to the other States.”
76 Stat. 945
Sec. 3. (a) Section 5 of the National School Lunch Act is amended

42 USC 1754.

by striking out the last sentence thereof. (b) Section 6 of the National School Lunch Act is amended by striking out “and less the amount apportioned to him pursuant to sections 4, 5, and 10” and inserting in lieu thereof the following: “, less the amount apportioned by him pursuant to sections 4, 5, and 10, and less the amount appropriated pursuant to section 11”.
Sec. 4. Section 10 of the National School Lunch Act is amended by

Nonprofit private schools.

42 USC 1759.

striking out “the same proportion of the funds as the number of children between the ages of 5 and 17, inclusive, attending nonprofit private schools within the State, is of the total number of persons of those ages within the State attending school” and inserting in lieu thereof the following: “an amount which bears the same ratio to such funds as the number of lunches, consisting of a combination of foods and meeting the minimum requirements prescribed by the Secretary pursuant to section 9, served in the preceding fiscal year by all nonprofit

42 USC 1758.

private schools participating in the program under this Act within the State, as determined by the Secretary, bears to the participation rate for the State”.
Sec. 5. Section 11 of the National School Lunch Act is redesignated

42 USC 1760.

as section 12 and subsections (c) and (d) thereof are amended to read as follows: “(c) In carrying out the provisions of this Act, neither the Secretary nor the State shall impose any requirement with respect to teaching personnel, curriculum, instruction, methods of instruction, and materials of instruction in any school. “(d) For the purposes of this Act—

Definitions.

 “(1) ‘State’ means any of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa. “(2) ‘State educational agency’ means, as the State legislature may determine, (A) the chief State school officer (such as the State superintendent of public instruction, commissioner of education, or similar officer), or (B) a board of education controlling the State department of education. “(3) ‘Nonprofit private school’ means any private school exempt from income tax under section 501(c) (3) of the Internal Revenue Code of 1954.

68A Stat. 163.

26 USC 501.

 “(4) ‘Nonfood assistance’ means equipment used by schools in storing, preparing, or serving food for schoolchildren. “(5) ‘Participation rate’ for a State means a number equal to the number of lunches, consisting of a combination of foods and meeting the minimum requirements prescribed by the Secretary pursuant to section 9, served in the preceding fiscal year by schools

42 USC 1758.

participating in the program under this Act in the State, as determined by the Secretary. “(6) ‘Assistance need rate’ (A) in the case of any State having an average annual per capita income equal to or greater than the average annual per capita income for all the States, shall be 5; and (B) in the case or any State having an average annual per capita income less than the average annual per capita income for all the States, shall be the product of 5 and the quotient obtained by dividing the average annual per capita income for all the States by the average annual per capita income for such State, except that such product may not exceed 9 for any such State. For the purposes of this paragraph (i) the average annual per capita income for any State and for all the States shall be determined by the Secretary on the basis of the average annual per capita income for each State and for all the States for the three most recent years for which such data are available and certified 76 Stat. 946to the Secretary by the Department of Commerce; and (ii) the average annual per capita income for American Samoa shall be disregarded in determining the average annual per capita income for all the States for periods ending before July 1, 1967. “(7) ‘School’ means any public or nonprofit private school of high school grade or under and, with respect to Puerto Rico, shall also include nonprofit child-care centers certified as such by the Governor of Puerto Rico.”
Sec. 6. The National School Lunch Act is further amended by

42 USC 1759.

inserting immediately after section 10 thereof the following new section:
“special assistance “Sec. 11. (a)

Ante, p. 945.

There is hereby authorized to be appropriated $10,000,000 for the fiscal year ending June 30, 1963, and such sums as may be necessary for each succeeding fiscal year to provide special assistance to schools drawing attendance from areas in which poor economic conditions exist, for the purpose of helping such schools to meet the requirement of section 9 of this Act concerning the service of lunches to children unable to pay the full cost of such lunches. “(b) Of the sums appropriated pursuant to this section for any fiscal year, 3 per centum shall be available for apportionment to Puerto Rico, the Virgin Islands, Guam, and American Samoa. From the funds so available the Secretary shall apportion to each such State an amount which bears the same ratio to the total of such funds as the number of free or reduced-price lunches served in accordance with section 9 of this Act in such State in the preceding fiscal year bears to the total number of such free or reduced-price lunches served in all such States in the preceding fiscal year: Provided, That for the fiscal year ending June 30, 1963, $5,000 shall be apportioned to American Samoa, which amount shall be first deducted from the total amount available for apportionment under this subsection. If any such State cannot utilize for the purposes of this section all of the funds apportioned to it, the Secretary shall make further apportionment on the same basis as the initial apportionment to any such States which justify the need for additional funds for such purposes. “(c) Of the remaining sums appropriated pursuant to this section for any fiscal year, not less than 50 per centum shall be apportioned among States, other than Puerto Rico, the Virgin Islands, Guam, and American Samoa, on the basis of the following factors for each State: (1) the number of free or reduced-price lunches served in accordance with section 9 of this Act in the preceding fiscal year, and (2) the assistance need rate. These factors shall be applied in the following manner: First, determine an index for each State by multiplying factors (1) and (2); second, divide this index by the sum of the indices for all such States; and, third, apply the figure thus obtained to the total funds to be apportioned. Any funds so initially apportioned which cannot be used for the purpose of this section by the State to which apportioned, together with the remainder of the funds available under this subsection, shall be further apportioned by the Secretary on the same basis as the initial apportionment to such States which justify on the basis of operating experience the need for additional funds to meet the need of students in such States for free or reduced-price lunches in schools deemed eligible by their State educational agencies for special assistance in accordance with the factors set forth in subsection (e) of this section. “(d) Payment of the funds apportioned to any State under this

42 USC 1756.

section shall be made as provided in the last sentence of section 7 of the Act. 76 Stat. 947 “(e) Funds paid to any State during any fiscal year pursuant to this section shall be disbursed to selected schools in such State to assist such schools in the purchase of agricultural commodities and other foods. The selection of schools and the amounts of funds that each shall from time to time receive (within a maximum per lunch “amount established by the Secretary for all the States) shall be determined by the State educational agency on the basis of the following factors: (1) The economic condition of the area from which such schools draw attendance; (2) the needs of pupils in such schools for free or reduced-price lunches; (3) the percentages of free and reduced-price lunches being served in such schools to their pupils; (4) the prevailing price of lunches in such schools as compared with the average prevailing price of lunches served in the State under this Act; and (5) the need of such schools for additional assistance as reflected by the financial position of the school lunch programs in such schools. “(f) If in any State the State educational agency is not permitted by law to disburse funds paid to it under this Act to nonprofit private schools in the State, the Secretary shall withhold from the funds apportioned to such State under subsections (b) or (c) of this section an amount which bears the same ratio to such funds as the number of free and reduced-price lunches served in accordance with section 9 of this Act in the preceding fiscal year by all nonprofit private schools

42 USC 1758.

participating in the program under this Act in such State bears to the number of such free and reduced-price lunches served during such year by all schools participating in the program under this Act in such State. The Secretary shall disburse the funds so withheld directly to the nonprofit private schools within such State for the same purposes and subject to the same conditions as are applicable to a State educational agency disbursing funds under this section. “(g) In carrying out this section, the terms and conditions governing the operation of the school lunch program set forth in other sections of this Act, including those applicable to funds apportioned or paid pursuant to sections 4 or 5 but excluding the provisions of section

42 USC 1753, 1754, 1756.

7 relating to matching, shall be applicable to the extent they are not inconsistent with the express requirements of this section.”
Approved October 15, 1962.
Public Law 87–824: To amend the Agricultural Adjustment Act of 1938 relating to the lease and, transfer of tobacco acreage allotments. Public Law 824 Public Law 87–824 76 Stat. 947 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–824
AN ACT To amend the Agricultural Adjustment Act of 1938 relating to the lease and, transfer of tobacco acreage allotments.

October 15, 1962

[H. R. 12655]

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

Tobacco.

Acreage allotment.

Adjustment Act of 1938, as amended, is further amended (1) by changing the language enclosed in parentheses in the first sentence of section 316(a) to read “(other than a Burley tobacco acreage allotment,

75 Stat. 469.

7 USC 1314b.

and for the 1963 crop year, other than a cigar-filler and cigar-binder (types 42, 43, 44, 53, 54, and 55) tobacco acreage allotment)”; and (2) by striking the period and inserting at the end of the second sentence of subsection 316(b) the following: “: Provided, That no such lease shall be renewed for 1963 for cigar-filler and cigar-binder (types 42,43,44, 53, 54, and 55) tobacco.”
Approved October 15, 1962.
Public Law 87–825: To amend title 38, United States Code, to revise the effective date provisions relating to awards, and for other purposes. Public Law 825 Public Law 87–825 76 Stat. 948 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 948 Public Law 87–825
AN ACT To amend title 38, United States Code, to revise the effective date provisions relating to awards, and for other purposes.

October 15, 1962

[H. R. 7600]

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

Veterans.

Awards, effective dates.

72 Stat. 1226.
That section 3010 of title 38, United States Code, is amended to read as follows:
“§ 3010. Effective dates of awards “(a) Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. “(b) The effective date of an award of disability compensation to a veteran shall be the day following the date of his discharge or release if application therefor is received within one year from such date of discharge or release. “(c) The effective date of an award of disability compensation by

72 Stat. 1124; Post, p. 950.

reason of section 351 of this title shall be the date such injury or aggravation was suffered if an application therefor is received within one year from such date. “(d) The effective date of an award of death compensation, dependency and indemnity compensation, or death pension, where application is received within one year from the date of death, shall be the first day of the month in which the death occurred. “(e) The effective date of an award of dependency and indemnity compensation to a child shall be the first day of the month in which the child’s entitlement arose if application therefor is received within one year from such date. “(f) An award of additional compensation on account of dependents based on the establishment of a disability rating in the percentage evaluation specified by law for the purpose shall be payable from the effective date of such rating; but only if proof of dependents is received within one year from the date of notification of such rating action. “(g)

72 Stat. 1225.

Subject to the provisions of section 3001 of this title, where compensation, dependency and indemnity compensation, or pension is awarded or increased pursuant to any Act or administrative issue, the effective date of such award or increase shall be fixed in accordance with the facts found but shall not be earlier than the effective date of the Act or administrative issue. In no event shall such award or increase be retroactive for more than one year from the date of application therefor or the date of administrative determination of entitlement, whichever is earlier. “(h) Where an award of pension has been deferred or pension has been awarded at a rate based on anticipated income for a year and the claimant later establishes that income for that year was at a rate warranting entitlement or increased entitlement, the effective date of such entitlement or increase shall be fixed in accordance with the facts found if satisfactory evidence is received before the expiration of the next calendar year. “(i) Whenever any disallowed claim is reopened and thereafter allowed on the basis of new and material evidence resulting from the correction of the military records of the proper service department

70A Stat. 116.

Ante, p. 509.

under section 1552 of title 10, or the change, correction, or modification of a discharge or dismissal under section 1553 of title 10, or from other corrective action by competent authority, the effective date of commencement of the benefits so awarded shall be the date on which an 76 Stat. 949application was filed for correction of the military record or for the change, modification, or correction of a discharge or dismissal, as the case may be, or the date such disallowed claim was filed, whichever date is the later, but in no event shall such award of benefits be retroactive for more than one year from the date of reopening of such disallowed claim. This subsection shall not apply to any application or claim for Government life insurance benefits. “(j) Where a report or a finding of death of any person in the active military, naval, or air service has been made by the Secretary concerned, the effective date of an award of death compensation, dependency and indemnity compensation, or death pension, as applicable, shall be the first day of the month fixed by the Secretary as the month of death in such report or finding, if application therefor is received within one year from the date such report or finding has been made; however, such benefits shall not be payable to any person for any period for which such person has received, or was entitled to receive, an allowance, allotment, or service pay of the deceased. “(k) The effective date of the award of benefits to a widow or of an award or increase of benefits based on recognition of a child, upon annulment of a marriage shall be the date the judicial decree of annulment becomes final if a claim therefor is filed within one year from the date the judicial decree of annulment becomes final; in all other cases the effective date shall be the date the claim is filed.”
Sec. 2. Section 3012 of title 38, United States Code, is amended by

Compensation, reduction or discontinuance.

72 Stat. 1227.

striking out subsection (b), and by amending subsection (c) to read as follows: “(b) The effective date of a reduction or discontinuance of compensation, dependency and indemnity compensation, or pension— “(1) by reason of marriage or remarriage, or death of a payee shall be the last day of the month before such marriage, remarriage, or death occurs; “(2) by reason of marriage, divorce, or death of a dependent of a payee shall be the last day of the month in which such marriage, divorce, or death occurs; “(3) by reason of receipt of active service pay or retirement pay shall be the day before the date such pay began; “(4) by reason of change in income or corpus of estate shall be the last day of the month in which the change occurred; “(5) by reason of a change in disability or employability of a veteran in receipt of pension shall be the last day of the month in which discontinuance of the award is approved; “(6) by reason of change in law or administrative issue, change in interpretation of a law or administrative issue, or, for compensation purposes, a change in service-connected or employability status or change in physical condition shall be the last day of the month following sixty days from the date of notice to the payee (at his last address of record) of the reduction or discontinuance; “(7) by reason of the discontinuance of school attendance of a payee or a dependent of a payee shall be the last day of the month in which such discontinuance occurred; “(8) by reason of termination of a temporary increase in compensation for hospitalization or treatment shall be the last day of the month in which the hospital discharge or termination of treatment occurred, whichever is earlier; “(9) by reason of an erroneous award based on an act of commission or omission by the beneficiary, or with his knowledge, shall be the effective date of the award; and “(10) by reason of an erroneous award based solely on administrative error or error in judgment shall be the date of last payment.”
76 Stat. 950
Sec. 3.

Civil actions, award of judgment.

72 Stat. 1124.

Section 351 of title 38, United States Code, is amended by striking out except that no benefits shall be awarded unless application be made therefor within two years after such injury or aggravation was suffered, or such death occurred”, and by adding at the end thereof the following: “Where an individual is hereafter awarded a judgment against the United States in a civil action brought pursuant

63 Stat. 62.

62 Stat. 983, 984; 73 Stat. 471.

to section 1346(b) of title 28, United States Code, or hereafter enters into a settlement or compromise under section 2672 or 2677 of title 28, United States Code, by reason of a disability, aggravation, or death treated pursuant to this section as if it were service-connected, then no benefits shall be paid to such individual for any month beginning after the date such judgment, settlement, or compromise on account of such disability, aggravation, or death becomes final until the aggregate amount of benefits which would be paid but for this sentence equals the total amount included in such judgment, settlement, or compromise.”
Sec. 4. (a)

Death benefits, effective date.

72 Stat. 1229.

Chapter 53 of title 38, United States Code, is amended by adding the following new section:
Ҥ 3110. Payment of benefits for month of death

Ante, p. 948.

 “If, in accordance with the provisions of section 3010(d) of this title, a widow is entitled to death benefits under chapter 11, 13, or 15

38 USC 301–501.

of this title for the month in which a veteran’s death occurs, the amount of such death benefits for that month shall be not less than the amount of benefits the veteran would have received under chapter 11 or 15 of this title for that month but for his death.”
(b) The analysis of chapter 53 of title 38, United States Code, is amended by adding at the end thereof the following: “3110.
Sec. 5. (a)

Repeal.

72 Stat. 1225, 1227.

Sections 3004 and 3011 of title 38, United States Code, are repealed. (b) The analysis of chapter 51 of title 38, United States Code, is amended by striking out “3004. Disallowed claims.” and “3011. Effective dates of increases.”.
Sec. 6.

72 Stat. 1113; 74 Stat. 195.

Sections 110 and 359 of title 38, United States Code, are amended by adding the following sentence at the end of each section: “The mentioned period shall be computed from the date determined by the Administrator as the date on which the status commenced for rating purposes.”
Sec. 7.

Effective date.

This Act shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act, but no payments shall be made by reason of this Act for any period before such effective date. Payments for any period before such effective date shall be made under prior laws and regulations. The provisions of this Act with respect to reductions and discontinuances shall be applicable only where the event requiring such reduction or discontinuance occurs on or after such effective date. If such event occurred before such effective date, action shall be taken pursuant to the prior laws and regulations.
Approved October 15, 1962.
Public Law 87–826: To amend title 13 of the United States Code to provide for the collection and publication of foreign commerce and trade statistics, and for other purposes. Public Law 826 Public Law 87–826 76 Stat. 951 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 951 Public Law 87–826
AN ACT To amend title 13 of the United States Code to provide for the collection and publication of foreign commerce and trade statistics, and for other purposes.

October 15, 1962

[H. R. 7791]

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

Foreign commerce and trade statistics.

Collection and publication.

title 13, United States Code, immediately preceding chapter 1 of such title, is amended by adding immediately after and underneath item 7 in such analysis the following new item: “8. 301.”
Sec. 2. Title 13, United States Code, is further amended by inserting at the end thereof the following new chapter: “CHAPTER 9—COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE STATISTICS Sec. “301. “302. “303. “304. “305. “306. “307.
“§ 301. Collection and publication “The Secretary is authorized to collect information from nil persons exporting from, or importing into, the United States and the non-contiguous areas over which the United States exercises sovereignty, jurisdiction, or control, and from all persons engaged in trade between the United States and such noncontiguous areas and between those areas, or from the owners, or operators of carriers engaged in such foreign commerce or trade, and shall compile and publish such information pertaining to exports, imports, trade, and transportation relating thereto, as he deems necessary or appropriate to enable him to foster, promote, develop, and further the commerce, domestic and foreign, of the United States and for other lawful purposes.
“§ 302. Rules, regulations, and orders “The Secretary may make such rules, regulations, and orders as he deems necessary or appropriate to carry out the provisions of this chapter. Any rules, regulations, or orders issued pursuant to this authority may be established in such form or manner, may contain such classifications or differentiations, and may provide for such adjustments and reasonable exceptions as in the judgment of the Secretary are necessary or proper to effectuate the purpose of this chapter, or to prevent circumvention or evasion of any rule, regulation, or order issued hereunder. The Secretary may also provide by rule or regulation, for such confidentiality, publication, or disclosure, of information collected hereunder as he may deem necessary or appropriate in the public interest. Rules, regulations, and orders, or amendments thereto shall have the concurrence of the Secretary of the Treasury prior to promulgation.
“§ 303. Secretary of Treasury functions “To assist the Secretary to carry out the provisions of this chapter, the Secretary of the Treasury shall collect information in the form and manner prescribed by the regulations issued pursuant to this chapter from persons engaged in foreign commerce or trade, other than by mail, and from the owners or operators of carriers.
76 Stat. 952
“§ 304. Filing export information, delayed filings, penalties for failure to file “(a) The information or reports in connection with the exportation or transportation of cargo required to be filed by carriers with the Secretary of the Treasury under any rule, regulation, or order issued pursuant to this chapter may be filed after the departure of such carrier from the port or place of exportation or transportation, whether such departing carrier is destined directly to a foreign port or place or to a noncontiguous area, or proceeds by way of other ports or places of the United States, provided that a bond in an approved form in the penal sum of $1,000 is filed with the Secretary of the Treasury. The Secretary of Commerce may, by a rule, regulation, or order issued in conformity herewith, prescribe a maximum period after such departure during which the required information or reports may be filed. In the event any such information or report is not filed within such prescribed period, a penalty not to exceed $100 for each day’s delinquency beyond the prescribed period, but not more than $1,000, shall be exacted. Civil suit may be instituted in the name of the United States against the principal and surety for the recovery of any penalties that may accrue and be exacted in accordance with the terms of the bond. “(b) The Secretary may remit or mitigate any penalty incurred for violations of this section and regulations issued pursuant thereto if, in his opinion, they were incurred without willful negligence or fraud, or other circumstances justify a remission or mitigation.
“§ 305. Violations, penalties “Any person, including the owners or operators of carriers, violating the provisions of this chapter, or any rule, regulation, or order issued thereunder, except as provided in section 304 above, shall be liable to a penalty not to exceed $1,000 in addition to any other penalty imposed by law. The amount of any such penalty shall be payable into the Treasury of the United States and shall be recoverable in a civil suit in the name of the United States.
“§ 306. Delegation of functions “Subject to the concurrence of the head of the department or agency concerned, the Secretary may make such provisions as he shall deem appropriate, authorizing the performance by any officer, agency, or employee of the United States Government departments or offices, or the governments of any areas over which the United States exercises sovereignty, jurisdiction, or control, of any function of the Secretary, contained in this chapter.
“§ 307. Relationship to general census law “The following sections only, 1, 2, 3, 4, 5, 6, 7, 11, 21, 22, 23, 24, 211, 212, 213, and 214, of chapters 1 through 7 of this title are applicable to this chapter.”
Sec. 3. The sections of the Acts, and the Acts or parts of Acts, enumerated in the following schedule, are hereby repealed. Any rights or liabilities now existing under such statutes or parts thereof, and any proceedings instituted under or growing out of, any of such statutes or parts thereof, shall not be affected by this repeal. 76 Stat. 953
Date Statutes at Large Revised Statutes United States Code
Chapter Section Volume Page Title Section
1 As amended by Acts of Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Aug. 23, 1912, ch. 350, § 1, 37 Stat. 407; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; Jan. 25, 1919, ch. 10, 40 Stat. 1055; Mar. 1, 1919, ch. 86, 40 Stat. 1256.
2 As amended by Acts of Feb. 14, 1903, ch. 552, § 16, 32 Stat. 829; Aug. 23, 1912, ch. 350, § 1, 37 Stat. 407; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; Mar. 1, 1919, ch. 86, 40 Stat. 1256.
3 As amended by Acts of Mar. 3, 1893, ch. 211, § 1, 27 Stat. 689; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Aug. 23, 1912, ch. 350, § 1, 37 Stat. 407; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736.
4 As amended by Acts of Mar. 3, 1875, ch. 129, § 1, 18 Stat. 352; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Aug. 23, 1912, ch. 350, § 1, 37 Stat. 407; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; Mar. 1, 1919, ch. 86, 40 Stat. 1256.
5 As amended by Acts of Aug. 23, 1912, ch. 350, § 1, 37 Stat. 407: Mar. 1, 1919, ch. 86, 40 Stat. 1256.
6 As amended by Acts of Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Aug. 23, 1912, ch. 350, § 1, 37 Stat. 407; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; Mar. 1, 1919, ch. 86, 40 Stat. 1256.
7 Only part referring to form of annual statements on commerce and navigation as amended by Acts of Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736.
8 As amended by Acts of Jan. 12, 1895, ch. 23, § 17, 28 Stat. 603; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736.
9 As amended by Acts of Feb. 14, 1903, ch. 552, 32 Stat. 829; Mar. 4, 1913, ch. 141, 37 Stat. 736; Apr. 7, 1948, ch. 177, 62 Stat. 161.
10 As amended by Acts of June 16, 1938, ch. 476, § 2, 52 Stat. 759; June 29, 1938, ch. 821, 52 Stat. 1248.
               
          336 15 1173
          337 15 2174
July 16, 1892 196 1 27 197 ---------- 15 3177
          339 15 4179
          341 15 5181
          263 15 6184
          251 15 7185
          338 15 186
          3812 } 15 8187
          265
Apr. 29, 1902 637 10 32 172 ---------- 46 995
  Do 637 10 32 172 ---------- 48 11486
Jan. 5, 1923 23 2 42 1110 ---------- 15 193
          4200 46 1092
               
Sec. 4. The provisions of this Act shall take effect one hundred and

Effective date.

Repeal.

15 USC 174.

46 USC 92.

eighty days after approval, except that the last sentence of section 337, “Fifth” of the Revised Statutes, and the requirement for oaths as found in section 4200 of the Revised Statutes shall be repealed effective on the date this Act is approved.
Approved October 15, 1962.
Public Law 87–827: To permit domestic banks to pay interest on time deposits of foreign governments at rates differing from those applicable to domestic depositors. Public Law 827 Public Law 87–827 76 Stat. 953 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–827
AN ACT To permit domestic banks to pay interest on time deposits of foreign governments at rates differing from those applicable to domestic depositors.

October 15, 1962

[H. R. 12080]

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

Banks.

Interest on deposits of foreign governments.

49 Stat. 715.

paragraph of section 19 of the Federal Reserve Act (12 U.S.C. 371b) is amended by adding at the end thereof the following sentence: “During the period commencing on the effective date of this sentence and ending upon the expiration of three years after such date, the provisions of this paragraph shall not apply to the rate of interest which may be paid by member banks on time deposits of foreign governments, monetary and financial authorities of foreign governments when acting as such, or international financial institutions of which the United States is a member.”.
Sec. 2. Subsection (g) of section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended by adding at the end thereof

64 Stat. 893.

the following sentence: “During the period commencing on the effective date of this sentence and ending upon the expiration of three years after such date, the provisions of this subsection shall not apply to the rate of interest which may be paid by insured nonmember banks on time deposits of foreign governments, monetary and financial authorities of foreign governments when acting as such, or international financial institutions of which the United States is a member.”.
Approved October 15, 1962.
Public Law 87–828: To provide for an exchange of lands between the United States and the Southern Ute Indian Tribe, and for other purposes. Public Law 828 Public Law 87–828 76 Stat. 954 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 954 Public Law 87–828
AN ACT To provide for an exchange of lands between the United States and the Southern Ute Indian Tribe, and for other purposes.

October 15, 1962

[H. R. 9342]

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

Indians.

Southern Ute Tribe, Colo.

Exchange of lands.
That (a) there is hereby transferred to the United States all of the right, title, and interest of the Southern Ute Indian Tribe in the following lands, which are needed for the Navajo Dam and Reservoir project, except the minerals therein and the right to prospect for and remove them m a manner that does not impair the project, as prescribed by the Secretary of the Interior: New Mexico Principal Meridian, Colorado township 32 north, range 4 west Section 16: West half northwest quarter southwest quarter southwest quarter, northwest quarter southwest quarter southwest quarter southwest quarter, Section 17: South half south half northwest quarter southeast quarter, north half southwest quarter southwest quarter, north half south half southwest quarter southwest quarter, south half southwest quarter northeast quarter southeast quarter, Section 18: North half northwest quarter southwest quarter, northeast quarter southeast quarter northwest quarter southwest quarter, north half southeast quarter southeast quarter, north half south half southeast quarter southeast quarter, northeast quarter southwest quarter southeast quarter, north half northwest quarter southwest quarter southeast quarter, north half northeast quarter southeast quarter southwest quarter. township 32 north, range 5 west Section 5: Southeast quarter northeast quarter southeast quarter northwest quarter, east half southeast quarter southeast quarter northwest quarter, Section 9: West half, east half southeast quarter southeast quarter, west half southeast quarter southeast quarter, southwest quarter southeast quarter, southeast quarter southeast quarter southeast quarter southeast quarter, Section 10: Southeast quarter southeast quarter, southwest quarter southeast quarter, northeast quarter southeast quarter northeast quarter southeast quarter, south half south half northeast quarter southeast quarter, southeast quarter southeast quarter southwest quarter, south half southwest quarter southeast quarter southwest quarter, northeast quarter southwest quarter southeast quarter southwest quarter, southeast quarter southeast quarter southwest quarter southwest quarter, Section 11 : South half south half northwest quarter southwest quarter, northwest quarter southwest quarter northwest quarter southwest quarter, south half southwest quarter northeast quarter southwest quarter, Section 12 Southeast quarter southwest quarter southwest quarter southwest quarter, south half southeast quarter southwest quarter southwest quarter, south half south half southeast quarter southwest quarter,76 Stat. 955 Section 13 : Northeast quarter northeast quarter southwest quarter, north half northwest quarter southeast quarter, north half north half northeast quarter southeast quarter, Section 14 : North half north half northeast quarter southwest quarter, north half northeast quarter northwest quarter southwest quarter, north half northwest quarter northwest quarter southeast quarter, Section 15 West half northwest quarter northeast quarter southeast quarter, west half northeast quarter, northwest quarter southeast quarter, north half north half southwest quarter southeast quarter, Section 16 Northeast quarter. Containing 707.5 acres, more or less. (b) In exchange for such conveyance, the Secretary of the Interior

Archuleta Mesa, reservation of mineral rights by U. S.

is authorized to transfer to the United States in trust for the Southern Ute Indian Tribe, subject to valid existing rights, public lands on the Archuleta Mesa, reserving to the United States the minerals therein and the right to prospect for and remove them under regulations of the Secretary of the Interior, that are contiguous to the present eastern boundary of the Southern Ute Indian Reservation, and that have a value equal to or not materially greater than the value of the lands conveyed by the tribe, such values to be determined by the Secretary: Provided, That such public lands shall be selected in a manner that will not increase the Government’s management problem for other public lands, the selection shall be approved by the Southern Ute Indian Tribe, and the Southern Ute Indian Tribe shall pay to the United States any difference in the values of the lands exchanged. (c) The owners of the range improvements of a permanent nature

Compensation for improvements.

placed, under the authority of a permit from or agreement with the United States, on the public lands conveyed to the tribe shall be compensated for the reasonable value of such improvements, as determined by the Secretary, out of appropriations available for the construction of the Navajo unit, Colorado River storage project. (d) Persons whose grazing permits, licenses, or leases on the public lands conveyed to the tribe are canceled because of such conveyance shall be compensated in accordance with the standard prescribed by the Act of July 9, 1942, as amended (43 U.S.C. 315q), out of appropriations

56 Stat. 654.

available for the construction of the Navajo unit, Colorado River storage project. (e) The public lands conveyed to the tribe shall be a part of the Southern Ute Indian Reservation and shall be subject to the laws and regulations applicable to other tribal lands in that reservation. (f) The tribal lands conveyed to the United States shall no longer be “Indian country” within the meaning of section 1151 of title 18 of

‘Indian country.”

62 Stat. 757.

the United States Code. They shall have the status of public lands withdrawn for administration pursuant to the Federal reclamation laws, and they shall be subject to all laws and regulations governing the use and disposition of public lands in that status. (g) In any right-of-way granted by the United States for a railroad

R R. right-of-way.

Crossing privileges.

over the tribal lands conveyed to the United States, the Secretary shall provide the Southern Ute Indians, at such points as he determines to be reasonable, the privilege of crossing such right-of-way. (h) The tribal lands conveyed to the United States shall not be

Public recreational facilities, approval.

utilized for public recreational facilities without the approval of the Southern Ute Tribal Council. (i) Nothing in this Act shall be construed to abridge any fishing

Fishing rights.

rights that are vested in the Indians.
Approved October 15, 1962.
Public Law 87–829: To amend title 18, United States Code, sections 871 and 3056, to provide penalties for threats against the successors to the Presidency, to authorize their protection by the Secret Service, and for other purposes. Public Law 829 Public Law 87–829 76 Stat. 956 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 956 Public Law 87–829
AN ACT To amend title 18, United States Code, sections 871 and 3056, to provide penalties for threats against the successors to the Presidency, to authorize their protection by the Secret Service, and for other purposes.

October 15, 1962

[H. R. 6691]

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

President and successors.

Protection.

69 Stat. 80.
That title 18, United States Code, section 871, is amended to read as follows:
“§ 871. Threats against President and successors to the Presidency “(a) Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to

Penalty for threats.

the office of President, or Vice President-elect, shall be fined not more than $1,000 or imprisoned not more than five years, or both. “(b)

Definitions.

The terms ‘President-elect’ and ‘Vice President-elect’ as used in this section shall mean such persons as are the apparent successful candidates for the offices of President and Vice President, respectively, as ascertained from the results of the general elections held-to determine the electors of President and Vice President in accordance

62 Stat. 672.

with title 3, United States Code, sections 1 and 2. The phrase ‘other officer next in the order of succession to the office of President’ as used in this section shall mean the person next in the order of succession to act as President in accordance with title 3, United States Code,

62 Stat. 677, 678.

18 USC 871–877.

sections 19 and 20.”
Sec. 2. The analysis of chapter 41 of title 18, United States Code, immediately preceding section 871 of such title is amended by deleting “871.

and inserting in lieu thereof the following:

“871.
Sec. 3. The first independent clause of title 18, United States Code,

65 Stat. 122.

section 3056, is amended to read as follows:
“§ 3056. Secret Service powers “Subject to the direction of the Secretary of the Treasury, the United States Secret Service, Treasury Department, is authorized to protect the person of the President of the United States, the members of his immediate family, the President-elect, the Vice President or other officer next in the order of succession to the office of President, and the Vice President-elect; protect a former President, at his request, for a reasonable period after he leaves office;”.
Approved October 15, 1962.
Public Law 87–830: Providing that the United States district courts shall have jurisdiction of certain cases Involving pollution of interstate river systems, and providing for the venue thereof. Public Law 830 Public Law 87–830 76 Stat. 957 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 957 Public Law 87–830
AN ACT Providing that the United States district courts shall have jurisdiction of certain cases Involving pollution of interstate river systems, and providing for the venue thereof.

October 15, 1962

[H. R. 10617]

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

U. S. district courts.

Jurisdiction, interstate compact water pollution disputes.

States district courts shall have original jurisdiction (concurrent with that of the Supreme Court of the United States, and concurrent with that of any other court of the United States or of any State of the United States, in matters in which the Supreme Court, or any other court, has original jurisdiction) of any case or controversy— (1) which involves the construction or application of an interstate compact which (A) in whole or in part relates to the pollution of the waters of an interstate river system or any portion thereof, and (B) expresses the consent of the States signatory to said compact to be sued in a district court in any case or controversy involving the application or construction thereof; and (2) which involves pollution of the waters of such river system, or any portion thereof, alleged to be in violation of the provisions of said compact; and (3) in which one or more of the States signatory to said compact is a plaintiff or plaintiffs; and (4) which is within the judicial power of the United States as set forth in the Constitution of the United States. (b) The district courts shall have original jurisdiction of a case or controversy such as is referred to in subsection (a) of this section, without any requirement, limitation, or regard as to the sum or value of the matter in controversy, or of the place of residence or situs or citizenship, or of the nature, character, or legal status, of any of the proper parties plaintiff or defendant in said case or controversy other than the signatory State or States plaintiff or plaintiffs referred to in paragraph (3) of subsection (a) of this section: Provided, That nothing in this Act shall be construed as authorizing a State to sue its own citizens in said courts. (c) The original jurisdiction conferred upon the district courts by this section shall include, but not be limited to, suits between States signatory to such interstate compact: Provided, That nothing in this Act shall be construed as authorizing a State to sue another State which is not a signatory to such compact in said courts. (d) The venue of such case or controversy shall be as prescribed

Venue.

by law: Provided, That in addition thereto, such case or controversy may be brought in in any judicial district in which the acts of pollution complained of, or any portion thereof, occur, regardless of the place or places of residence, or situs, of any of the parties plaintiff or defendant.
Sec. 2. If any part or application of this Act should be declared

Separability.

invalid by a court of competent jurisdiction, said invalidity shall not affect the other parts, or the other applications, of said Act.
Approved October 15, 1962.
Public Law 87–831: To provide for public notice of settlements in patent interferences, and for other purposes. Public Law 831 Public Law 87–831 76 Stat. 958 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 958 Public Law 87–831
AN ACT To provide for public notice of settlements in patent interferences, and for other purposes.

October 15, 1962

[H. R. 12513]

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

Patent interferences.

Notice of settlement.

66 Stat. 801.
That section 135 of title 35, United States Code, is amended by designating the first and second paragraphs thereof as subsections (a) and (b), respectively, and by adding thereto the following subsection: “(c)

Any agreement or understanding between parties to an interference, including any collateral agreements referred to therein, made in connection with or in contemplation of the termination of the interference, shall be in writing and a true copy thereof filed in the Patent Office before the termination of the interference as between the said parties to the agreement or understanding. If any party filing the same so requests, the copy shall be kept separate from the file of the interference, and made available only to Government agencies on written request, or to any person on a snowing of good cause. Failure to file the copy of such agreement or understanding shall render permanently unenforceable such agreement or understanding and any patent of such parties involved in the interference or any patent subsequently issued on any application of such parties so involved. The Commissioner may, however, on a showing of good cause for failure to file within the time prescribed, permit the filing of the agreement or understanding during the six-month period subsequent to the termination of the interference as between the parties to the agreement or understanding.

“The Commissioner shall give notice to the parties or their attorneys of record, a reasonable time prior to said termination, of the filing requirement of this section. If the Commissioner gives such notice at a later time, irrespective of the right to file such agreement or understanding within the six-month period on a showing of good cause, the parties may file such agreement or understanding within sixty days of the receipt of such notice.

“Any discretionary action of the Commissioner under this subsection shall be reviewable under section 10 of the Administrative Procedure

60 Stat. 243.

5 USC 1009.

Act.”
Approved October 15, 1962.
Public Law 87–832: To extend to oyster planters the benefits of the provisions of the present law which provide for production disaster loans for farmers and stockmen. Public Law 832 Public Law 87–832 76 Stat. 958 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–832
AN ACT To extend to oyster planters the benefits of the provisions of the present law which provide for production disaster loans for farmers and stockmen.

October 15, 1962

[H. R. 946]

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

Oyster planters.

Disaster loans.
That subsection (b) of section 321 of the Consolidated Farmers Home Administration Act

75 Stat. 311.

7 USC 1961.

of 1961 is amended by striking out “farmers or ranchers” and inserting “farmers, ranchers, or oyster planters” and by striking out “farming or ranching” and inserting “farming, ranching, or oyster planting”.
Approved October 15, 1962.
Public Law 87–833: To waive section 142 of title 28, United States Code, with respect to the United States District Court for the Northern District of Ohio, Eastern Division, holding court at Akron, Ohio. Public Law 833 Public Law 87–833 76 Stat. 959 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 959 Public Law 87–833
AN ACT To waive section 142 of title 28, United States Code, with respect to the United States District Court for the Northern District of Ohio, Eastern Division, holding court at Akron, Ohio.

October 15, 1962

[H. R. 11678]

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

District court.

Akron, Ohio.

62 Stat. 898.

and restrictions contained in section 142 of title 28, United States Code, shall be waived with respect to the holding of court at Akron, Ohio, by the United States District Court for the Northern District of Ohio, Eastern Division.
Approved October 15, 1962.
Public Law 87–834: To amend the Internal Revenue Code of 1054 to provide a credit for investment in certain depreciable property, to eliminate certain defects and inequities, and for other purposes. Public Law 834 Public Law 87–834 76 Stat. 960 1962-10-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 960 Public Law 87–834
AN ACT To amend the Internal Revenue Code of 1054 to provide a credit for investment in certain depreciable property, to eliminate certain defects and inequities, and for other purposes.

October 16, 1962

[H. R. 10650]

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

Revenue Act of 1962.
SECTION 1. SHORT TITLE, ETC. (a) Short Title.— This Act may be cited as the “Revenue Act of 1962”. (b) Table of Contents.— Sec. 1. (a) (b) (c) Sec. 2. (a) (b) (c) (d) (e) (f) (g) (h) Sec. 3. (a) (b) Sec. 4. (a) (b) (c) Sec. 5. (a) (b) (c) (d) Sec. 6. (a) (b) (c) (d) (e) (f) (g) Sec. 7. (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Sec. 8. (a) (b) (c) (d) (e) (f) (g) (h) 76 Stat. 961 (b) Sec. 9. (a) (b) (c) (d) (e) Sec. 10. (a) (b) Sec. 11. (a) (b) (c) Sec. 12. (a) (b) (c) Sec. 13. (a) (b) (c) (d) (e) (f) (g) Sec. 14. (a) (b) (c) Sec. 15. (a) (b) (c) Sec. 16. (a) (b) (c) Sec. 17. (a) (b) (c) Sec. 18. (a) (b) Sec. 19. (a) (b) (c) (d) (e) (f) (g) (h) 76 Stat. 962 (b) Sec. 20. (a) (b) (c) (d) (e) Sec. 21. (a) (b) (c) (d) Sec. 22. (a) (b) Sec. 23. (a) (b) (c) Sec. 24. (a) (b) (c) (d) Sec. 25. Sec. 26. (a) (b) Sec. 27. (a) (b) Sec. 28. (a) (b) (c) Sec. 29. Sec. 30. Sec. 31. (c) Amendment of 1954 Code.—Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision

26 USC 1 et seq.

 of the Internal Revenue Code of 1954.
SEC. 2. CREDIT FOR INVESTMENT IN CERTAIN DEPRECIABLE PROPERTY. (a) Allowance of Credit.— Part IV of subchapter A of chapter

26 USC 31–38.

 1 (relating to credits against tax) is amended by redesignating section 38 as section 39 and by inserting after section 37 the following new section:
“SEC. 38.

Post, pp. 967. 968.

 INVESTMENT IN CERTAIN DEPRECIABLE PROPERTY. “(a) General Rule.— There shall be allowed, as a credit against the

Post, p. 963.

 tax imposed by this chapter, the amount determined under subpart B of this part. 76 Stat. 963 “(b) Regulations.—The Secretary or his delegate shall prescribe such regulations as may be necessary to carry out the purposes of this section and subpart B.”
(b) Rules fob Computing Credit.—Part IV of subchapter A of chapter 1 is amended by adding at the end thereof the following new

26 USC 31–38.

 subpart: “Subpart B— Rules for Computing Credit for Investment in Certain Depreciable Property “Sec. 46. “Sec. 47. “Sec. 48.
“SEC. 46. AMOUNT OF CREDIT. “(a) Determination of Amount.— “(1) General rule.—The amount of the credit allowed by section 38 for the taxable year shall be equal to 7 percent of the

Ante, p. 962.

 qualified investment (as defined in subsection (c)). “(2) Limitation based on amount of tax.— Notwithstanding paragraph (1), the credit allowed by section 38 for the taxable year shall not exceed— “(A) so much of the liability for tax for the taxable year as does not exceed $25,000, plus “(B) 25 percent of so much of the liability for tax for the taxable year as exceeds $25,000. “(3) Liability for tax.— For purposes of paragraph (2), the liability for tax for the taxable year shall be the tax imposed by this chapter for such year, reduced by the sum of the credits allowable under— “(A) section 33 (relating to foreign tax credit),

26 USC 33.

 “(B) section 34 (relating to dividends received by individuals), “(C) section 35 (relating to partially tax-exempt interest), and “(D) section 37 (relating to retirement income). For purposes of this paragraph, any tax imposed for the taxable year by section 531 (relating to accumulated earnings tax) or by section 541 (relating to personal holding company tax) shall not be considered tax imposed by this chapter for such year. “(4) Married individuals.—In the case of a husband or wife who files a separate return, the amount specified under subparagraphs (A) and (B) of paragraph (2) shall be $12,500 in lieu of $25,000. This paragraph shall not apply if the spouse of the taxpayer has no qualified investment for, and no unused credit carryback or carryover to, the taxable year of such spouse which ends within or with the taxpayer’s taxable year. “(5) Affiliated groups.—In the case of an affiliated group, the $25,000 amount specified under subparagraphs (A) and (B) of paragraph (2) shall be reduced for each member of the group by apportioning $25,000 among the members of such group in such manner as the Secretary or his delegate shall by regulations prescribe. For purposes of the preceding sentence, the term ‘affiliated group’ has the meaning assigned to such term by section 1504(a), except that all corporations shall be treated as includible corporations (without any exclusion under section 1504(b)). “(b) Carryback and Carryover of Unused Credits.— “(1) Allowance of credit.— If the amount of the credit determined under subsection (a)(1) for any taxable year exceeds the limitation provided by subsection (a)(2) for such taxable year76 Stat. 964 (hereinafter in this subsection referred to as ‘unused credit year’), such excess shall be— “(A) an investment credit carryback to each of the 3 taxable years preceding the unused credit year, and “(B) an investment credit carryover to each of the 5 taxable years following the unused credit year, and shall be added to the amount allowable as a credit by section

Ante, p. 962.

 38 for such years, except that such excess may be a carryback only to a taxable year ending after December 31, 1961. The entire amount of the unused credit for an unused credit year shall be carried to the earliest of the 8 taxable years to which (by reason of subparagraphs (A) and (B)) such credit may be carried, and then to each of the other 7 taxable years to the extent that, because of the limitation contained in paragraph (2), such unused credit may not be added for a prior taxable year to which such unused credit may be carried. “(2) Limitation.— The amount of the unused credit which may be added under paragraph (1) for any preceding or succeeding taxable year shall not exceed the amount by which the limitation provided by subsection (a)(2) for such taxable year exceeds the sum of— “(A) the credit allowable under subsection (a)(1) for such taxable year, and “(B) the amounts which, by reason of this subsection, are added to the amount allowable for such taxable year and attributable to taxable years preceding the unused credit year. “(3) Effect of net operating loss carryback.—To the extent that the excess described in paragraph (1) arises by reason of a net operating loss carryback, subparagraph (A) of paragraph (1) shall not apply. “(4) Taxable year beginning before January 1, 1962.—For purposes of determining the amount of an investment credit carryback that may be added under paragraph (1) for a taxable year beginning before January 1, 1962, and ending after December 31, 1961, the amount of the limitation provided by subsection (a)(2) is the amount which bears the same ratio to such limitation as the number of days in such year after December 31, 1961, bears to the total number of days in such year. “(c) Qualified Investment.— “(1) In general.— For purposes of this subpart, the term ‘qualified investment’ means, with respect to any taxable year, the aggregate of— “(A) the applicable percentage of the basis of each new

Poet, p. 968.

 section 38 property (as defined in section 48(b)) placed in service by the taxpayer during such taxable year, plus “(B) the applicable percentage of the cost of each used

Post, p. 968.

 section 38 property (as defined in section 48(c)(1)) placed in service by the taxpayer during such taxable year. “(2) Applicable percentage.—

For purposes of paragraph (1), the applicable percentage for any property shall be determined under the following table:

“If the useful life Is—  The applicable
 percentage Is—
   
4 years or more but less than 6 years 33⅓
6 years or more but less then 8 years 66⅔
8 years or more 100
   
76 Stat. 965

For purposes of this paragraph, the useful life of any property shall be determined as of the time such property is placed in service by the taxpayer.

 “(3) Public utility property.— “(A) In the case of section 38 property which is public

Ante, p. 962.

 utility property, the amount of the qualified investment shall be 3/7 of the amount determined under paragraph (1). “(B) For purposes of subparagraph (A), the term‘public utility property’ means property used predominantly m the trade or business of the furnishing or sale of— “(i) electrical energy, water, or sewage disposal services, “(ii) gas through a local distribution system, “(iii) telephone service, or “(iv) telegraph service by means of domestic telegraph operations (as defined in section 222(a)(5) of the Communications Act of 1934, as amended; 47 U.S.C., sec. 222(a)(5)),

57 Stat. 5.

 if the rates for such furnishing or sale, as the case may be, have been established or approved by a State or political subdivision thereof, by an agency or instrumentality of the United States, or by a public service or public utility commission or other similar body of any State or political subdivision thereof. “(4) Certain replacement property.— For purposes of paragraph (1), if section 38 property is placed in service by the taxpayer to replace property which was— “(A) destroyed or damaged by fire, storm, shipwreck, or other casualty, or “(B) stolen, the basis of such section 38 property (in the case of new section 38 property), or the cost of such section 38 property (in the case of used section 38 property), which (but for this paragraph) would be taken into account under paragraph (1) shall be reduced by an amount equal to the amount received by the taxpayer as compensation, by insurance or otherwise, for the property so destroyed, damaged, or stolen, or to the adjusted basis of such property, whichever is the lesser. No reduction in basis or cost shall be made under the preceding sentence in any case in which the reduction in qualified investment attributable to the substitution required by section 47(a)(1) with respect to the

Post, p. 966.

 property so destroyed, damaged, or stolen (determined without regard to section 47 (a)(4)) is greater than the reduction described in the preceding sentence. “(d) Limitations With Respect to Certain Persons.— “(1) In general.— In the case of— “(A) an organization to which section 593 applies,

Post, p. 977.

 “(B) a regulated investment company or a real estate investment trust subject to taxation under subchapter M (sec. 851 and following), and “(C) a cooperative organization described in section 1381(a), the qualified investment and the $25,000 amount specified under subparagraphs (A) and (B) of subsection (a)(2) shall equal such person s ratable share of such items. “(2) Ratable share.— For purposes of paragraph (1), the ratable share of any person for any taxable year of the items described therein shall be— “(A) in the case of an organization referred to in paragraph (1)(A), 50 percent thereof, 76 Stat. 966 “(B) in the case of a regulated investment company or a real estate investment trust, the ratio (i) the numerator of which is its taxable income and (ii) the denominator of which is its taxable income computed without regard to the deduction for dividends paid provided by section 852(b)(2)(D)

26 USC 852, 857.

 or 857(b)(2)(C), as the case may be, and “(C) in the case of a cooperative organization, the ratio (i) the numerator of which is its taxable income and (ii) the denominator of which is its taxable income increased by

Post, p. 1046.

 amounts to which section 1382(b) or (c) applies and similar amounts the tax treatment of which is determined without

Post, p. 1045.

 regard to subchapter T (sec. 1381 and following). For purposes of subparagraph (B) of the preceding sentence, the term ‘taxable income’ means in the case of a regulated investment company its investment company taxable income (within the meaning of section 852(b)(2)), and in the case of a real estate investment trust its real estate investment trust taxable income (within the meaning of section 857(b)(2)).
“SEC. 47.

Ante, p. 962.

 CERTAIN DISPOSITIONS. ETC, OF SECTION 38 PROPERTY. “(a) General Rule.— Under regulations prescribed by the Secretary or his delegate— “(1) Early disposition, etc.— If during any taxable year any property is disposed of, or otherwise ceases to be section 38 property with respect to the taxpayer, before the close of the useful life which was taken into account in computing the credit under section 38, then the tax under this chapter for such taxable year shall be increased by an amount equal to the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from substituting, in determining qualified investment, for such useful life the period beginning with the time such property was placed in service by the taxpayer and ending with the time such property ceased to be section 38 property. “(2) Property becomes public utility property.—If during any taxable year any property taken into account in determining qualified investment becomes public utility property (within the

Ante, p. 965.

 meaning of section 46(c)(3)(B)), then the tax under this chapter for such taxable year shall be increased by an amount equal to the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from treating the property, for purposes of determining qualified investment, as public utility property (after giving due regard to the period before such change in use). If the application of this paragraph to any property is followed by the application of paragraph (1) to such property, proper adjustment shall be make in applying paragraph (1). “(3) Carrybacks and carry’overs adjusted.—In the case of any cessation described in paragraph (1) or any change in use described in paragraph (2), the carrybacks and carryovers under section 46(b) shall be adjusted by reason of such cessation (or change in use). “(4) Property destroyed by casualty, etc.— No increase shall be made under paragraph (1) and no adjustment shall be made under paragraph (3) in any case in which— “(A) any property is disposed of, or otherwise ceases to be section 38 property with respect to the taxpayer, on account of its destruction or damage by fire, storm, shipwreck, or other casualty, or by reason of its theft, 76 Stat. 967 “(B) section 38 property is placed in service by the taxpayer

Ante, p. 962.

 to replace the property described in subparagraph (A), and “(C) the reduction in basis or cost of such section 38 property described in the first sentence of section 46(c)(4) is

Ante, p. 965.

 equal to or; greater than the reduction in qualified investment which (but for this paragraph) would be made by reason of the substitution required by paragraph (1) with respect to the property described in subparagraph (A). “(b) Section Not To Apply in Certain Cases.— Subsection (a) shall not apply to— “(1) a transfer by reason of death, or “(2) a transaction to which section 381 (a) applies.

26 USC 381.

 For purposes of subsection (a), property shall not be treated as ceasing to be section 38 property with respect to the taxpayer by reason of a mere change in the form of conducting the trade or business so long as the property is retained in such trade or business as section 38 property and the taxpayer retains a substantial interest in such trade or business. “(c) Special Rule.— Any increase in tax under subsection (a) shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit allowable under subpart A.
“SEC. 48. DEFINITIONS; SPECIAL RULES. “(a) Section 38 Property.— “(1) In general.— Except as provided in this subsection, the term ‘section 38 property’ means— “(A) tangible personal property, or “(B) other tangible property (not including a building and its structural components) but only if such property— “(i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or “(ii) constitutes a research or storage facility used in connection with any of the activities referred to in clause (i). Such term includes only property with respect to which depreciation (or amortization in lieu of depreciation) is allowable and having a useful life (determined as of the time such property is placed in service) of 4 years or more. “(2) Property used outside the united states.— “(A) In general.—Except as provided in subparagraph (B), the term ‘section 38 property’ does not include property which is used predominantly outside the United States. “(B) Exceptions.— Subparagraph (A) shall not apply “(i) any aircraft which is registered by the Administrator of the Federal Aviation Agency and which is operated to and from the United States; “(ii) rolling stock, of a domestic railroad corporation subject to part I of the Interstate Commerce Act, which

24 Stat. 379.

49 USC 1 et seq.

 is used within and without the United States; “(iii) any vessel documented under the laws of the United States which is operated in the foreign or domestic commerce of the United States; “(iv) any motor vehicle of a United States person (as defined in section 7701 (a)(30)) which is operated to

Post, p. 988.

 and from the United States; 76 Stat. 968 “(v) any container of a United States person which is used in the transportation of property to and from the United States; and “(vi) any property (other than a vessel or an aircraft) of a United States person which is used for the purpose of exploring for, developing, removing, or transporting resources from the outer Continental Shelf (within the meaning of section 2 of the Outer Continental Shelf Lands Act, as amended and supplemented; 43 U.S.C.

67 Stat. 462.

 sec. 1331). “(3) Property used for lodging.— Property which is used predominantly to furnish lodging or in connection with the furnishing

Ante, p. 962.

 of lodging shall not be treated as section 38 property. The preceding sentence shall not apply to— “(A) nonlodging commercial facilities which are available to persons not using the lodging facilities on the same basis as they are available to persons using the lodging facilities, and “(B) property used by a hotel or motel in connection with the trade or business of furnishing lodging where the predominant portion of the accommodations is used by transients. “(4) Property used by certain tax-exempt organizations.—Property used by an organization (other than a cooperative described

26 USC 521.

 in section 521) which is exempt from the tax imposed by this chapter shall be treated as section 38 property only if such property is used predominantly in an unrelated trade or business the income of which is subject to tax under section 511. “(5) Property used by governmental units.—Property used by the United States, any State or political subdivision thereof, any international organization, or any agency or instrumentality of any of the foregoing shall not be treated as section 38 property. “(6) Livestock.— Livestock shall not be treated as section 38 property. “(b) New Section 38 Property.— For purposes of this subpart, the term ‘new section 38 property’ means section 38 property— “(1) the construction, reconstruction, or erection of which is completed by the taxpayer after December 31, 1961, or “(2) acquired after December 31, 1961, if the original use of such property commences with the taxpayer and commences after such date.

Ante, p. 964.

In applying section 46(c)(1)(A) in the case of property described in paragraph (1), there shall be taken into account only that portion of the basis which is properly attributable to construction, reconstruction, or erection after December 31, 1961. “(c) Used Section 38 Property.— “(1) In general.— For purposes of this subpart, the term ‘used section 38 property’ means section 38 property acquired by purchase after December 31, 1961, which is not new section 38 property. Property shall not be treated as ‘used section 38 property’ if, after its acquisition by the taxpayer, it is used by a person who used such property before such acquisition (or by a person who

26 USC 179.

 bears a relationship described in section 179(d)(2)(A) or (B) to a person who used such property before such acquisition). “(2) Dollar limitation.— “(A) In general.—The cost of used section 38 property taken into account under section 46(c)(1)(B) for any taxable year shall not exceed $50,000. If such cost exceeds $50,000, the taxpayer shall select (at such time and in such manner as the Secretary or his delegate shall by regulations prescribe) the76 Stat. 969 items to be taken into account, but only to the extent of an aggregate cost of $50,000. Such a selection, once made, may be changed only in the manner, and to the extent, provided by such regulations. “(B) Married individuals.— In the case of a husband or wife who files a separate return, the limitation under subparagraph (A) shall be $25,000 in lieu of $50,000. This subparagraph

Ante, p. 968.

 shall not apply if the spouse of the taxpayer has no used sect ion 38 property which may be taken into account as qualified investment for the taxable year of such spouse which ends within or with the taxpayer’s taxable year. “(C) Affiliated groups.— In the case of an affiliated group, the $50,000 amount specified under subparagraph (A) shall be reduced for each member of the group by apportioning $50,000 among the members of such group in accordance with their respective amounts of used section 38 property which

Ante, pp. 962, 968.

 may be taken into account. “(D) Partnerships.— In the case of a partnership, the limitation contained in subparagraph (A) shall apply with respect to the partnership and with respect to each partner. “(3) Definitions.— For purposes of this subsection— “(A) Purchase.—The term ‘purchase’ has the meaning assigned to such term by section 179(d)(2).

26 USC 179.

 “(B) Cost.—The cost of used section 38 property does not include so much of the basis of such property as is determined by reference to the adjusted basis of other property held at any time by the person acquiring such property. If property is disposed of (other than by reason of its destruction or damage by fire, storm, shipwreck, or other casualty, or its theft) and used section 38 property similar or related in service or use is acquired as a replacement therefor in a transaction to which the preceding sentence does not apply, the cost of the used section 38 property acquired shall be its basis reduced by the adjusted basis of the property replaced. The cost of used section 38 property shall not be reduced with respect to the adjusted basis of any property disposed of if, by reason of section 47, such disposition involved an increase

Ante, p. 966.

 of tax or a reduction of the unused credit carrybacks or carryovers described in section 46(b).

Ante, p. 963.

 “(C) Affiliated group.— The term ‘affiliated group’ has the meaning assigned to such term by section 1504(a), except

26 USC 1504.

 that— “(i) the phrase ‘more than 50 percent’ shall be substituted for the phrase ‘at least 80 percent’ each place it appears in section 1504(a), and “(ii) all corporations shall be treated as includible corporations (without any exclusion under section 1504(b)). “(d) Certain Leased Property.— A person (other than a person referred to in section 46(d)) who is a lessor of property may (at such

Ante, p. 965.

 time, in such manner, and subject to such conditions as are provided by regulations prescribed by the Secretary or his delegate) elect with respect to any new section 38 property to treat the lessee as having acquired such property for an amount equal to— “(1) if such property was constructed by the lessor (or by a corporation which controls or is controlled by the lessor within the meaning of section 368(c)), the fair market value of such

26 USC 368.

 property, or “(2) if paragraph (1) does not apply, the basis of such property to the lessor. 76 Stat. 970 The election provided by the preceding sentence may be made only

Ante, p. 968.

 with respect to property which would be new section 38 property if acquired by the lessee. For purposes of the preceding sentence and

Ante, p. 964.

 section 46(c), the useful life of property in the hands of the lessee is the useful life of such property in the hands of the lessor. If a lessor makes the election provided by this subsection with respect to any property, the lessee shall be treated for all purposes of this subpart as having acquired such property. If a lessor makes the election provided by this subsection with respect to any property, then, under regulations prescribed by the Secretary or his delegate, subsection (g) shall not apply with respect to such property and the deductions

26 USC 162; Post, p. 973.

 otherwise allowable under section 162 to the lessee for amounts paid to the lessor under the lease shall be adjusted in a manner consistent with the provisions of subsection (g). “(e) Subchapter S Corporations.— In the case of an electing small business corporation (as defined in section 1371)— “(1) the qualified investment for each taxable year shall be apportioned pro rata among the persons who are shareholders of such corporation on the last day of such taxable year; and “(2) any person to whom any investment has been apportioned under paragraph (1) shall be treated (for purposes of this subpart) as the taxpayer with respect to such investment, and such investment shall not (by reason of such apportionment) lose its character as an investment in new section 38 property or used

Ante, p. 968.

 section 38 property, as the case may be. “(f) Estates and Trusts.— In the case of an estate or trust— “(1) the qualified investment for any taxable year shall be apportioned between the estate or trust and the beneficiaries on the basis of the income of the estate or trust allocable to each, “(2) any beneficiary to whom any investment has been apportioned under paragraph (1) shall be treated (for purposes of this subpart) as the taxpayer with respect to such investment, and such investment shall not (by reason of such apportionment) lose its character as an investment in new section 38 property or used section 38 property, as the case may be, and “(3) the $2.5,000 amount specified under subparagraphs (A)

Ante, p. 963.

 and (B) of section 46(a)(2) applicable to such estate or trust shall be reduced to an amount which bears the same ratio to $25,000 as the amount of the qualified investment allocated to the estate or trust under paragraph (1) bears to the entire amount of the qualified investment. “(g) Adjustments to Basis of Property.— “(1) In general.—The basis of any section 38 property shall be reduced, for purposes of this subtitle other than this subpart, by an amount equal to 7 percent of the qualified investment as determined under section 46(c) with respect to such property. “(2) Certain dispositions, etc.— If the tax under this chapter is increased for any taxable year under paragraph (1) or (2) of

Ante, p. 966.

 section 47(a) or an adjustment in carrybacks or carryovers is made under paragraph (3) of such section, the basis of the property described in such paragraph (1) or (2), as the case may be (immediately before the event on account of which such paragraph (1), (2), or (3) applies), shall be increased by an amount equal to the portion or such increase and the portion of such adjustment attributable to such property. “(h) Cross Reference.— “For application of this subpart to certain acquiring corporations,

Poet, p. 971.

 see section 381(c)(23).”
(c) Deduction for Unused Credit.— Part VI of subchapter B of

26 USC 161–180.

 chapter 1 (relating to itemized deductions for individuals and corpo-76 Stat. 971 rations) is amended by adding at the end thereof the following new section:
“SEC. 181. DEDUCTION FOR CERTAIN UNUSED INVESTMENT CREDIT. “If the amount of the credit determined under section 46(a)(1) for

Ante, p. 963.

 any taxable year exceeds the limitation provided by section 46(a)(2) for such taxable year and if the amount of such excess has not, after the application of section 46(b), been allowed to the taxpayer as a credit under section 38 for any taxable year, then an amount equal

Ante, p. 962.

 to the amount of such excess not so allowed as a credit shall be allowed to the taxpayer as a deduction for the first taxable year following the last taxable year in which such excess could under section 46(b) nave been allowed as a credit. If ii taxpayer dies or ceases to exist prior to the first taxable year following the last taxable year in which the excess described in the preceding sentence could under section 46(b) have beep allowed as a credit, the amount described in the preceding sentence, or the proper portion thereof, shall, under regulations prescribed by the Secretary or his delegate, be allowed to the taxpayer as a deduction for the taxable year in which such death or cessation occurs.”
(d) Certain Corporate Acquisitions.— Section 381(c) (relating

26 USC 381.

 to items taken into account in certain corporate acquisitions) is amended by adding at the end thereof the following new paragraph: “(23) Credit under section 38 for investment in certain depreciable property.—The acquiring corporation shall take into account (to the extent proper to carry out the purposes of this section and section 38, and under such regulations as may be prescribed by the Secretary or his delegate) the items required to be taken into account for purposes of section 38 in respect of the distributor or transferor corporation.” (e) Statutes of Limitations and Interest Relating to Investment Credit Carrybacks.— (1) Assessment and collection.— Section 6501 (relating to

26 USC 6501.

 limitations on assessment and collection) is amended by redesignating subsection (j) as subsection (k), and inserting after subsection (i) the following new subsection: “(j) Investment Credit Carrybacks.— In the case of a deficiency attributable to the application to the taxpayer of an investment credit carryback, such deficiency may be assessed at any time before the expiration of the period within which a deficiency for the taxable year of the unused investment credit which results in such carryback may be assessed.” (2) Credit or refund.—Subsection (d) of section 6511 (relating

26 USC 6511.

 to limitations on credit or refund) is amended by adding after paragraph (3) thereof the following new paragraph: “(4) Special period of limitation with respect to investment CREDIT CARRYBACKS.— “(A) Period of limitation.—If the claim for credit or refund relates to an overpayment attributable to an investment credit carryback, in lieu of the 3-year period of limitation prescribed in subsection (a), the period shall be that period which ends with the expiration of the 15th day of the 40th month (or 39th month, in the case of a corporation) following the end of the taxable year of the unused investment credit which results in such carryback, or the period prescribed in subsection (c) in respect of such taxable year, whichever expires later. In the case of such a claim, the amount of the credit or refund may exceed the portion of the tax paid within the period provided in subsection (b)(2) or (c), whichever is applicable, to the extent of the amount of the overpayment attributable to such carryback. 76 Stat. 972 “(B) Applicable rules.—If the allowance of a credit or refund of an overpayment of tax attributable to an investment credit, carryback is otherwise prevented by the operation

26 USC 7122.

 of any law or rule of law other than section 7122, relating to compromises, such credit or refund may be allowed or made, if claim therefor is filed within the period provided in subparagraph (A) of this paragraph. In the case of any such claim for credit or rerund, the determination by any court, including the Tax Court, in any proceeding in which the decision of the court has become final, shall not be conclusive with respect to the investment credit, and the effect of such credit to the extent that such credit is affected by a carryback which was not in issue in such proceeding.” (3) Intereston underpayments.—Section 6601(e) (relating to interest on underpayment, nonpayment, or extensions of. time for payment, of tax) is amended to read as follows: “(e) Income Tax Reduced by Carryback.— “(1) Net operating loss carryback.—If the amount of any tax imposed by subtitle A is reduced by reason of a carryback of a net operating loss, such reduction in tax shall not affect the computation of interest under this section for the period ending with the last day of the taxable year in which the net operating loss arises. “(2) Investment credit carryback.—If the credit allowed by section 38 for any taxable year is increased by reason of an investment credit carryback, such increase shall not affect the computation of interest under this section for the period ending with the last day of the taxable year in which the investment credit carryback arises.” (4) Interest on overpayments.— Section 6611(f) (relating to interest on overpayments) is amended to read as follows: “(f) Refund of Income Tax Caused by Carryback.— “(1) Net operating loss carryback.—For purposes of subsection (a), if any overpayment of tax imposed by subtitle A results from a carryback of a net operating loss, such overpayment shall be deemed not to have been made prior to the close of the taxable year in which such net operating loss arises. “(2) Investment credit carryback.—For purposes of subsection (a), if any overpayment of tax imposed by subtitle A results from an investment credit carryback, such overpayment, shall be deemed not to have been made prior to the close of the taxable year in which such investment credit carryback arises.” (f) Technical Amendment.— Section 1016(a) (relating to adjustments to basis) is amended— (1) by striking out the period at the end of paragraph (18) and inserting in lieu thereof a semicolon; and (2) by adding after paragraph (18) the following new paragraph: “(19)

Ante, p. 970.

 to the extent provided in section 48(g) in the case of property which is or has been section 38 property (us defined in section 48(a));”. (g) Clerical Amendments.— (1)

26 USC 31–38.

 Part IV of subchapter A of chapter 1 is amended by inserting after the heading and before the table of sections the following: “Subpart A. “Subpart B. 76 Stat. 973 “Subpart A— Credits Allowable” (2) The table of sections for part IV of subchapter A of chapter 1 is amended by striking out

Ante, p. 962.

 “Sec. 38.

and inserting in lieu thereof

“Sec. 38. “Sec. 39. (3) The table of sections for part VI of subchapter B of chapter 1 is amended by adding at the end thereof the following:

Ante, p. 971.

 “Sec. 181. (h) Effective Date.— The amendments made by this section shall apply with respect to taxable years ending after December 31, 1961.
SEC. 3. APPEARANCES, ETC, WITH RESPECT TO LEGISLATION. (a) In General.— Section 162 (relating to trade or business expenses)

26 USC 162.

 is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: “(e) Appearances, etc., With Respect to Legislation.— “(1) In general.— The deduction allowed by subsection (a) shall include all the ordinary and necessary expenses (including, but not limited to, traveling expenses described in subsection (a)(2) and the cost of preparing testimony) paid or incurred during the taxable year in carrying on any trade or business— “(A) in direct connection with appearances before, submission of statements to, or sending communications to, the committees, or individual members, of Congress or of any legislative body of a State, a possession of the United States, or a political subdivision of any of the foregoing with respect to legislation or proposed legislation of direct interest to the taxpayer, or “(B) in direct connection with communication of information between the taxpayer and an organization of which he is a member with respect to legislation or proposed legislation of direct interest to the taxpayer and to such organization, and that portion of the dues so paid or incurred with respect to any organization of which the taxpayer is a member which is attributable to the expenses of the activities described in subparagraphs (A) and (B) carried on by such organization. “(2) Limitation.— The provisions of paragraph (1) shall not be construed as allowing the deduction of any amount paid or incurred (whether by way of contribution, gift, or otherwise)— “(A) for participation in, or intervention in, any political campaign on behalf of any candidate for public office, or “(B) in connection with any attempt to influence the general public, or segments thereof, with respect to legislative matters, elections, or referendums.” (b) Effective Date.— The amendments made by this section shall apply to taxable years beginning after December 31, 1962.
76 Stat. 974
SEC. 4. DISALLOWANCE OF CERTAIN ENTERTAINMENT, ETC, EXPENSES. (a) Denial of Deduction.— (1)

26 USC 261–273.

 Part IX of subchapter B of chapter 1 (relating to items not deductible in computing taxable income) is amended by adding at the end thereof the following new section:
“SEC. 274. DISALLOWANCE OF CERTAIN ENTERTAINMENT, ETC, EXPENSES. “(a) Entertainment, Amusement, or Recreation.— “(1) In general.— No deduction otherwise allowable under this chapter shall be allowed for any item— “(A) Activity.—With respect to an activity which is of a type generally considered to constitute entertainment, amusement, or recreation, unless the taxpayer establishes that the item was directly related to, or, in the case of an item directly preceding or following a substantial and bona fide business discussion (including Business meetings at a convention or otherwise), that such item was associated with, the active conduct of the taxpayer’s trade or business, or “(B) Facility.—With respect to a facility used in connection with an activity referred to in subparagraph (A), unless the taxpayer establishes that the facility was used primarily for the furtherance of the taxpayer’s trade or business and that the item was directly related to the active conduct of such trade or business, and such deduction shall in no event exceed the portion of such item directly related to, or, in the case of an item described in subparagraph (A) directly preceding or following a substantial and Bona fide business discussion (including business meetings at a convention or otherwise), the portion of such item associated with, the active conduct of the taxpayer’s trade or business. “(2) Special rules.— For purposes of applying paragraph (1)— “(A) Dues or fees to any social, athletic, or sporting club or organization shall be treated as items with respect to facilities. “(B)

26 USC 212.

 An activity described in section 212 shall be treated as a trade or business. “(b) Gifts.— “(1) Limitation.— No deduction shall be allowed under section

26 USC 162; Ante, p. 973.

 162 or section 212 for any expense for gifts made directly or indirectly to any individual to the extent that such expense, when added to prior expenses of the taxpayer for gifts made to such individual during the same taxable year, exceeds $25. For purposes of this section, the term ‘gift’ means any item excludable from gross income of the recipient under section 102 which is not excludable from his gross income under any other provision of this chapter, but such term does not include— “(A) an item having a cost to the taxpayer not in excess of $4.00 on which the name of the taxpayer is clearly and permanently imprinted and which is one of a number of identical items distributed generally by the taxpayer, “(B) a sign, display rack, or other promotional material to be used on the business premises of the recipient, or “(C) an item of tangible personal property having a cost to tlie taxpayer not in excess of $100 which is awarded to an employee by reason of length of service or for safety achievement. 76 Stat. 975 “(2) Special rules.— “(A) In the case of a gift by a partnership, the limitation contained in paragraph (1) shall apply to the partnership as well as to each member thereof. “(B) For purposes of paragraph (1), a husband and wife shall be treated as one taxpayer. “(c) Traveling.—In the case of any individual who is traveling away from home in pursuit of a trade or business or in pursuit of an activity described in section 212, no deduction shall be allowed under

26 USC 212.

26 USC 162; Ante, p. 973.

 section 162 or section 212 for that portion of the expenses of such travel otherwise allowable under such section which, under regulations prescribed by the Secretary or his delegate, is not allocable to such trade or business or to such activity. This subsection shall not apply to the expenses of any travel away from home which does not exceed one week or where the portion of the time away from home which is not attributable to the pursuit of the taxpayer’s trade or business or an activity described in section 212 is less than 25 percent of the total time away from home on such travel. “(d) Substantiation Required.— No deduction shall be allowed— “(1) under section 162 or 212 for any traveling expense (including meals and lodging while away from home), “(2) for any item with respect to an activity which is of a type generally considered to constitute entertainment, amusement, or recreation, or with respect to a facility used in connection with such an activity, or “(3) for any expense for gifts, unless the taxpayer substantiates by adequate records or by sufficient evidence corroborating his own statement (A) the amount of such expense or other item, (B) the time and place of the travel, entertainment, amusement, recreation, or use of the facility, or the date and description of the gift, (C) the business purpose of the expense or other item, and (I)) the business relationship to the taxpayer of persons entertained, using the facility, or receiving the gift. The Secretary or his delegate may by regulations provide that some or all of the requirements of the preceding sentence shall not apply in the case of an expense which does not exceed an amount prescribed pursuant to such regulations. “(e) Specific Exceptions to Application of Subsection (a).— Subsection (a) shall not apply to— “(1) Business meals.—Expenses for food and beverages furnished to any individual under circumstances which (taking into account the surroundings in which furnished, the taxpayer’s trade, business, or income-producing activity and the relationship to such trade, business, or activity of the persons to whom the food and beverages are furnished) are of a type generally considered to be conducive to a business discussion. “(2) Food and beverages for employees.—Expenses for food and beverages (and facilities used in connection therewith) furnished on the business premises of the taxpayer primarily for his employees. “(3) Expenses treated as compensation.—Expenses for goods, services, and facilities, to the extent that the expenses are treated by the taxpayer, with respect to the recipient of the entertainment, amusement, or recreation, as compensation to an employee on the taxpayer’s return of tax under this chapter and as wages to such employee for purposes of chapter 24 (relating to withholding of income tax at source on wages). “(4) Reimbursed expenses.— Expenses paid or incurred by the taxpayer, in connection with the performance by him of serv-76 Stat. 976ices for another person (whether or not such other person is his employer), under a reimbursement or other expense allowance arrangement with such other person, but this paragraph shall apply— “(A) where the services are performed for an employer, only if the employer has not treated such expenses in the manner provided in paragraph (.3), or “(B) where the services are performed for a person other than an employer, only if the taxpayer accounts (to the extent provided by subsection (d)) to such person. “(5) Recreational, etc., expenses for employees.—Expenses for recreational, social, or similar activities (including facilities therefor) primarily for the benefit of employees (other than employees who are officers, shareholders or other owners, or highly compensated employees). For purposes of this paragraph, an individual owning less than a 10-percent interest in the taxpayer’s trade or business shall not be considered a shareholder or other owner, and for such purposes an individual shall be treated as owning any interest owned by a member of his family (within the

26 USC 267.

 meaning of section 267(c)(4)). “(6) Employee, stockholder, etc., business meetings.—Expenses incurred by a taxpayer which are directly related to business meetings of his employees, stockholders, agents, or directors. “(7) Meetings of business leagues, etc.—Expenses directly related and necessary to attendance at a business meeting or convention

26 USC 501.

 of any organization described in section 501(c)(6) (relating to business leagues, chambers of commerce, real estate boards, and boards of trade) and exempt from taxation under section 501(a). “(8) Items available to public.—Expenses for goods, services, and facilities made available by the taxpayer to the general public. “(9) Entertainment sold to customers.—Expenses for goods or services (including the use of facilities) which are sold by the taxpayer in a bona fide transaction for an adequate and full consideration in money or money’s worth. For purposes of this subsection, any item referred to in subsection (a) shall be treated as an expense. . “(f) Interest, Taxes, Casualty Losses, etc.—This section shall not apply to any deduction allowable to the taxpayer without regard to its connection with his trade or business (or with his income-producing activity). In the case of a taxpayer which is not an individual, the preceding sentence shall be applied as if it were an individual. “(g) Treatment of Entertainment, etc., Type Facility.—For purposes of this chapter, if deductions are disallowed under subsection (a) with respect to any portion of a facility, such portion shall be treated as an asset which is used for personal, living, and family purposes (and not as an asset used in the trade or business). “(h) Regulatory Authority.— The Secretary or his delegate shall prescribe such regulations as he may deem necessary to carry out the purposes of this section, including regulations prescribing whether subsection (a) or subsection (b) applies in cases where both such subsections would otherwise apply.”
(2)

Ante, p. 974.

 The table of sections for such part IX is amended by adding at the end thereof the following: “Sec. 274. (b)

26 USC 162.

 Traveling Expenses.— Section 162(a)(2) (relating to traveling expenses) is amended by striking out “(including the entire76 Stat. 977 amount expended for meals and lodging)” and inserting in lieu thereof “(including amounts expended for meals and lodging other than amounts which are lavish or extravagant under the circumstances)”. (c) Effective Date.—The amendments made by this section shall apply with respect to taxable years ending after December 31, 1962, but only in respect of periods after such date.
SEC. 5. AMOUNT OF DISTRIBUTION WHERE CERTAIN FOREIGN CORPORATIONS DISTRIBUTE PROPERTY IN KIND. (a) Amount Distributed.— Section 301(b)(1) (relating to amount

26 USC 301; Post, p. 1035.

 distributed to corporate distributees) is amended by adding at the end thereof the following new subparagraph: “(C) Certain corporate distributees of foreign corporation.— Notwithstanding subparagraph (B), if the shareholder is a corporation and the distributing corporation is a foreign corporation, the amount taken into account with respect to property (other than money) shall be the fair market value of such property; except that if any deduction is allowable under section 245 with respect to such distribution,

26 USC 245.

 then the amount taken into account shall be the sum (determined under regulations prescribed by the Secretary or his delegate) of— “(i) the proportion of the adjusted basis of such property (or, if lower, its fair market value) properly attributable to gross income from sources within the United States, and “(ii) the proportion of the fair market value of such property properly attributable to gross income from sources without the United States.” (b) Basis.— Section 301(d) (relating to basis of property) is

26 USC 301; Post, p. 1035.

 amended by adding at the end thereof the following new paragraph: “(3) Certain corporate distributees of foreign corporation.— In the case of property described in subparagraph (C) of subsection (b)(1), the basis shall be determined by substituting the amount determined under such subparagraph (C) for the amount described in paragraph (2) of this subsection.” (c) Dividends Received From Certain Foreign Corporations.— (1) Section 245 (relating to dividends received from certain foreign corporations) is amended by adding at the end thereof the following new subsection: “(b) Property Distributions.— For purposes of subsection (a), the amount of any distribution of property other than money shall be the amount determined by applying section 301(b(1)(B). (2) Section 245 is amended by striking out “In the case of” and inserting in lieu thereof “(a) General Rule.—In the case of”. (d) Effective Date.— The amendments made by this section shall apply to distributions made after December 31, 1962.
SEC. 6. MUTUAL SAVINGS BANKS, ETC. (a) Reserves for losses on loans.— Section 593 is amended to read as follows:
“SEC. 593. RESERVES FOR LOSSES ON LOANS. “(a) Organizations to Which Section Applies.— This section shall apply to any mutual savings bank not having capital stock represented by shares, domestic building and loan association, or cooperative bank without capital stock organized and operated for mutual purposes and without profit. 76 Stat. 978 “(b) Addition to Reserves for Bad Debts.— “(1)

26 USC 166.

 In general.— For purposes of section 166(c), the reasonable addition for the taxable year to the reserve for bad debts of any taxpayer described in subsection (a) shall be an amount equal to the sum of— “(A) the amount determined under section 166(c) to be a reasonable addition to the reserve for losses on nonqualifying loans, plus “(B) the amount determined by the taxpayer to be a reasonable addition to the reserve for losses on qualifying real property loans, but such amount shall not exceed the amount determined under paragraph (2), (3), or (4), whichever amount is the largest, but the amount determined under this subparagraph shall in no case be greater than the larger of— “(i) the amount determined under paragraph (4), or “(ii) the amount which, when added to the amount determined under subparagraph (A), equals the amount by which 12 percent of the total deposits or withdrawable accounts of depositors of the taxpayer at the close of such year exceeds the sum of its surplus, undivided profits, and reserves at the beginning or such year (taking into account any portion thereof attributable to the period before the first taxable year beginning after December 31, 1951). “(2) Percentage of taxable income method.— The amount determined under this paragraph for the taxable year shall be the excess of— “(A) an amount equal to 60 percent of the taxable income for such year, over “(B) the amount referred to in paragraph (1)(A) for such year, but the amount determined under this paragraph shall not exceed the amount necessary to increase the balance (as of the close of the taxable year) of the reserve for losses on qualifying real property loans to 6 percent of such loans outstanding at such time. For purposes of this paragraph, taxable income shall be computed (i) or excluding from gross income any amount included therein by reason of subsection (f), and (ii) without regard to any deduction allowable for any addition to the reserve for bad debts. “(3) Percentage of real property loans method.— The amount determined under this paragraph for the taxable year shall be an amount equal to the amount necessary to increase the balance (as of the close of the taxable year) or the reserve for losses on qualifying real property loans to an amount equal to— “(A) 3 percent of such loans outstanding at such time, plus “(B) in the case of a taxpayer which is a new company and which does not have capital stock with respect to which

26 USC 317.

26 USC 591; Post, p. 984.

 distributions of property (as defined in section 317(a)) are not allowable as a deduction under section 591, an amount equal to— “(i) 2 percent of so much of the amount of such loans outstanding at such time as does not exceed $4,000,000, reduced (but not below zero) by “(ii) the amount, if any, of the balance (as of the close of such taxable year) of the taxpayer’s supplemental reserve for losses on loans. 76 Stat. 979 For purposes of subparagraph (B), a taxpayer is a new company for any taxable year only if such taxable year begins not more than 10 years after the first day on which it (or any predecessor) was authorized to do business as an organization described in subsection (a). “(4) Experience method.— The amount determined under this paragraph for the taxable year shall be an amount equal to the amount determined under section 166(c) (without regard to this

26 USC 166.

 subsection) to be a reasonable addition to the reserve for losses on qualifying real property loans. “(5) Limitation in cask of certain domestic building and loan associations.— If the percentage of the assets of a domestic building and loan association which are not assets described in section 7701(a)(19)(D)(ii) exceeds 36 percent for the taxable

Post, p. 983.

Post, p. 982.

 year (as determined for purposes of section 7701(a)(19) for such year), the amount determined under paragraph (2), and the amount determined under paragraph (3), shall in each case be the amount (determined without regard to this paragraph but with regard to the limits contained in paragraphs (2), (3), and (1)(B)) reduced by the amount determined under the following table:
If the percentage exceeds— but does not exceeds— the reduction shall be the following proportion of the amount so determined without regard to this paragraph—
     
36 percent  37 percent 1/12 
37 percent  38 percent 1/6  
38 percent  89 percent 1/4  
30 percent  40 percent 1/3  
40 percent  41 percent 5/12 
     
“(c) Treatment of Reserves for Bad Debts.— “(1) Establishment of reserves.—Each taxpayer described in subsection (a) which uses the reserve method of accounting for bad debts shall establish and maintain a reserve for losses on qualifying real property loans, a reserve for losses on nonqualiying loans, and a supplemental reserve for losses on loans. For purposes of this title, such reserves shall be treated as reserves for bad debts, but no deduction shall be allowed for any addition to the supplemental reserve for losses on loans. “(2) Allocation of pre-1963 reserves.— For purposes of this section, the pre-1963 reserves shall, as of the close of December 31, 1962, be allocated to, and constitute the opening balance of— “(A) the reserve for losses on nonqualifying loans, “(B) the reserve for losses on qualifying real property loans, and “(C) the supplemental reserve for losses on loans. “(3) Method of allocation.— The allocation provided by paragraph (2) shall be made— “(A) first, to the reserve described in paragraph (2)(A), to the extent such reserve is not increased above the amount which would be a reasonable addition under section 166(c) for a period in which the nonqualifying loans increased from zero to the amount thereof outstanding at the close of December 31, 1962; “(B) second, to the reserve described in paragraph (2)(14), to the extent such reserve is not increased above the amount which would be determined under paragraph (3)(A) or (4) of subsection (b) (whichever such amount is the larger) for a period in which the qualifying real property loans increased76 Stat. 980 from zero to the amount thereof outstanding at the close of December 31, 1962; and “(C) then to the supplemental reserve for losses on loans. “(4) Pre–1963 reserves defined.—For purposes of this Subsection, the term ‘pre-1963 reserves’ means the net amount, determined as of the close of December 31, 1962 (after applying subsection (d)(1)), accumulated in the reserve for bad debts

26 USC 166.

 pursuant to section 166(c) (or the corresponding provisions of prior revenue laws) for taxable years beginning after December 31, 1951. “(5) Certain pre-1952 surplus.—If after the application of paragraph 13), the opening balance of the reserve aescribed in paragraph (2)(B) is less than the amount described in paragraph (3)(B), then, for purposes of this subsection, the term ‘pre-1963 reserves’ includes so much of the surplus, undivided profits, and bad debt reserves (determined as of December. 31, 1962) attributable to the period before the first taxable year beginning after December 31, 1951 as does not exceed the amount by which such opening balance is less than the amount described in paragraph (3)(B). For purposes of the preceding sentence, the surplus, undivided profits, and bad debt reserves attributable to the period before the first taxable year beginning after December 31, 1951, shall be reduced by the amount thereof which is attributable to interest which would have been excludable from gross income under section 22(b)(4) of the Internal Revenue

53 Stat. 10.

 Code of 1939 (relating to interest on governmental obligations) or the corresponding provisions of prior laws. Notwithstanding the second sentence of paragraph (1), any amount which, by reason of the application of the first sentence of this paragraph, is allocated to the reserve described in paragraph (2)(B) shall not. be treated as a reserve for bad debts for any purpose other than determining the amount referred to in subsection (b)(1)(B), and for such purpose such amount shall be treated as remaining in such reserve. “(6) Charging of bad debts to reserves.—Any debt becoming worthless or partially worthless in respect of a qualifying real property loan shall be charged to the reserve for losses on such loans, and any debt becoming worthless or partially worthless in respect of a nonqualifying loan shall be charged to the reserve for losses on nonqualifying loans; except that any such debt may, at the election of the taxpayer, be charged in whole or in part to the supplemental reserve for losses on loans. “(d) Taxable Years Beginning in 1962 and Ending in 1963.— In the case of a taxable year beginning before January 1, 1963, and ending after December 31, 1962, of a taxpayer described in subsection (a) which uses the reserve method of Recounting for bad debts, the taxable income shall be the sum of— “(1) that portion of the taxable income allocable to the part of the taxable year occurring before January 1, 1963, reduced by the amount of the deduction for an addition to a reserve for bad debts which would be allowable under section 166(c) (without regard to the amendments made by section 6 of the Revenue Act of 1962) if such part year constituted a taxable year, plus “(2) that portion of the taxable income allocable to the part of the taxable year occurring after December 31, 1962, reduced by the amount of the deduction for an addition to a reserve for bad debts which would be allowed under section 166(c) (taking into account the amendments made by section 6 of the Revenue Act of 1962) if such part year constituted a taxable year. 76 Stat. 981 For purposes of the preceding sentence, the taxable income shall be determined without regard to any deduction under section 166(c),

26 USC 166.

 and the portion thereof allocable to each part year shall be determined on the basis of the ratio which the number or days in such part year bears to the number of days in the entire taxable year. “(e) Loans Defined.— For purposes of this section— “(1) Qualifying real property loans.— The term ‘qualifying real property loan’ means any loan secured by an interest in improved real property or secured by an interest in real property which is to be improved out of the proceeds of the loan, but which term does not include— “(A) any loan evidenced by a security (as defined in section 165(g)(2)(C));

26 USC 165.

 “(B) any loan, whether or not evidenced by a security (as defined in section 165(g)(2)(C)), the primary obligor on which is— “(i) a government or political subdivision or instrumentality thereof; “(ii) a bank (as defined in section 581); or “(iii) another member of the same affiliated group; “(C) any loan, to the extent secured by a deposit in or snare of the taxpayer; or “(D) any loan which, within a 60-day period beginning in one taxable year of the creditor and ending in its next taxable year, is made or acquired and then repaid or disposed of, unless the transactions by which such loan was made or acquired and then repaid or disposed of are established to be for bona fide business purposes. For purposes of subparagraph (B)(iii), the term‘affiliated group’ has the meaning assigned to such term by section 1504(a); except

26 USC 1504.

 that (i) the phrase ‘more than 50 percent’ shall be substituted for the phrase ‘at least 80 percent’ each place it appears in section 1504(a), and (ii) all corporations shall be treated as includible corporations (without any exclusion under section 1504(b)). “(2) Nonqualifying loans.—The term ‘nonqualifying loan’ means any loan which is not a qualifying real property loan. “(3) Loan.—The term ‘loan’ means debt, as the term ‘debt’ is used in section 166. “(f) Distributions to Shareholders.— “(1) In general.— For purposes of this chapter, any distribution of property (as defined in section 317(a)) by a domestic

26 USC 317.

 building and loan association to a shareholder with respect to its stock, if such distribution is not allowable as a deduction under section 591, shall be treated as made— “(A) first out of its earnings and profits accumulated in taxable years beginning after December 31, 1951, to the extent thereof, • “(B) then out of the reserve for losses on qualifying real property loans, to the extent additions to such reserve exceed the additions which would have been allowed under subsection (b)(4), “(C) then out of the supplemental reserve for losses on loans, to the extent thereof, “(D) then out of such other accounts as may be proper. This paragraph shall apply in the case of any distribution in redemption of stock or in partial or complete liquidation of the association, except that any such distribution shall be treated as made first out of the amount referred to in subparagraph (B), second out of the amount referred to in subparagraph (C), third76 Stat. 982 out of the amount referred to in subparagraph (A), and then out of such other accounts as may be proper. “(2) Amounts charged to reserve accounts and included in gross income.—If any distribution is treated under paragraph (1) as having been made out of the reserves described in subparagraphs (B) and (C) of such paragraph, the amount charged against such reserve shall be the amount which, when reduced by the amount of tax imposed under this chapter and attributable to the inclusion of such amount in gross income, is equal to the amount of such distribution; and the amount so charged against such reserve shall be included in gross income of the taxpayer. “(3) Special rules.— “(A) For purposes of paragraph (1)(B), additions to the reserve for losses on qualifying real property loans for the taxable year in which the distribution occurs shall be taken into account. “(B) For purposes of computing under this section the amount of a reasonable addition to the reserve for losses on qualifying real property loans for any taxable year, any amount charged during any year to such reserve pursuant to the provisions of paragraph (2) shall not be taken into account.”
(b) Foreclosure on Property Securing Loans.— Part II of subchapter

26 USC 591–594.

 H of chapter 1 (relating to mutual savings banks, etc.) is amended by adding at the end thereof the following new section:
“SEC. 595. FORECLOSURE ON PROPERTY SECURING LOANS. “(a) Nonrecognition of Gain or Loss as a Result of Foreclosure.—In the case of a creditor which is an organization described

Ante, p. 977.

 in section 593(a), no gain or loss shall be recognized, and no debt shall be considered as becoming worthless or partially worthless, as the result of such organization having bid in at foreclosure, or having otherwise reduced to ownership or possession by agreement or process of law, any property which was security for the payment of any indebtedness. “(b) Character of Property.—For purposes of sections 166 and

26 USC 166, 221.

 1221, any property acquired in a transaction with respect to which gain or loss to an organization was not recognized by reason of subsection (a) shall be considered as property having the same characteristics as the indebtedness for which such property was security. Any amount realized by such organization with respect to such property shall be treated for purposes of this chapter as a payment on account of such indebtedness, and any loss with respect thereto shall be treated as a bad debt to which the provisions of section 166 (relating to allowance of a deduction for bad debts) apply. “(c) Basis.—The basis of any property to which subsection (a) applies shall be the basis of the indebtedness for which such property was security (determined as of the date of the acquisition of such property), properly increased for costs of acquisition. “(d) Regulatory Authority.—The Secretary or his delegate shall prescribe such regulations as he may deem necessary to carry out the purposes of this section.”
(c) Definition of Domestic Building and Loan Association.— Paragraph (19) of section 7701(a) (definition of domestic building and loan association) is amended to read as follows: “(19) Domestic building and loan association.— The term ‘domestic building and loan association’ means a domestic building and loan association, a domestic savings and loan association, and a Federal savings and loan association— 76 Stat. 983 “(A) which either (i) is an insured institution within the meaning of section 401(a) of the National Housing Act (12 U.S.C., sec. 1724(a)), or (ii) is subject by law to supervision

48 Stat. 1255.

 and examination by State or Federal authority having supervision over such associations; “(B) substantially all of the business of which consists of acquiring the savings of the public and investing in loans described in subparagraph (C); “(C) at least 90 percent of the amount of the total assets of which (as of the close of the taxable year) consists of (i) cash, (ii) obligations of the United States or of a State or political subdivision thereof, stock or obligations of a corporation which is an instrumentality of the United States or of a State or political subdivision thereof, and certificates of deposit in, or obligations of, a corporation organized under a State law which specifically authorizes such corporation to insure the deposits or share accounts bf member associations, (iii) loans secured by an interest in real property and loans made for the improvement of real property, (iv) loans secured by a deposit or share of a member, (v) property acquired through the liquidation of defaulted loans described in clause (iii), and (vi) property used by the association in the conduct of the business described in subparagraph (B); “(D) of the assets of which taken into account under subparagraph (C) as assets constituting the 90 percent of total assets— “(i) at least 80 percent of the amount of such assets consists of assets described in clauses (i), (ii), (iv), and (vi) of such subparagraph and of loans secured by an interest in read property which is (or, from the proceeds of the loan, will become) residential real property or read property used primarily for church purposes, loans made for the improvement of residential real property or real property used primarily for church purposes, or property acquired through the liquidation of defaulted loans described in this clause; and “(ii) at least 60 percent of the amount of such assets consists of assets described in clauses (i), (ii), (iv), and (vi) of such subparagraph and of loans secured by an interest in real property which is (or, from the proceeds of the loan, will become) residential real property containing 4 or fewer family units or real property used primarily for church purposes, loans made tor the improvement of residential real property containing 4 or fewer family units or real property used primarily for church purposes, or property acquired through the liquidation of defaulted loans described in this clause; “(E) not more than 18 percent of the amount of the total assets of which (as of the close of the taxable year) consists of assets other than those described in clause (i) of subparagraph (D), and not more than 36 percent of the amount of the total assets of which (as of the close of the taxable year) consists of assets other than those described in clause (ii) of subparagraph (D); and “(F) except for property described in subparagraph (C), not more than 3 percent of the assets of which consists of stock of any corporation. 76 Stat. 984 The term ‘domestic building and loan association’ also includes any association which, for the taxable year, would satisfy the requirements of the first sentence of this paragraph if ‘41 percent’ were substituted for ‘36 percent’ in subparagraph (E). Except in the case of the taxpayer’s first taxable year beginning after the date of the enactment of the Revenue Act of 1962, tire second sentence of this paragraph shall not apply to an association for the taxable year unless such association (i) was a domestic building and loan association within the meaning of the first sentence of this paragraph for the first taxable year preceding the taxable year, or (ii) was. a domestic building and loan association solely by reason of the second sentence of this paragraph for the first taxable year preceding the taxable year (but not for the second preceding taxable year). At the election of the taxpayer, the percentages specified in this paragraph shall be applied on the basis of the average assets outstanding during the taxable year, in lieu of the close of the taxable year, computed under regulations prescribed by the Secretary or his delegate.” (d) Clerical Amendments.— The table of sections for part II of

26 USC 591–594.

 subchapter H of chapter 1 is amended— (1) by striking out the third item and inserting in lieu thereof the following: “Sec. 593. (2) by adding at the end thereof the following: “Sec. 595. (e) Repeal of Exemption From Certain Taxes.— (1) Amendment to home owners’ loan act of 1933.—Section 5(h) of the Home Owners’ Loan Act of 1933, as amended (12

48 Stat. 133; 65 Stat. 490.

 U.S.C. sec. 1464(h)), is amended to read as follows: “(h) No State, county, municipal, or local taxing authority shall impose any tax on such associations or their franchise, capital, reserves, surplus, loans, or income greater than that imposed by such authority on other similar local mutual or cooperative thrift and home financing institutions.” (2)

26 USC 4382.

 Certain documentary stamp taxes.— Section 4382(a)(2) (relating to exemptions from documentary stamp taxes) is amended to read as follows: “(2) Domestic building and loan associations and mutual ditch or irrigation companies.—Shares or certificates of stock issued by domestic building and loan associations and cooperative banks, to the extent such shares or certificates represent deposits or withdrawable accounts; or shares or certificates of stock and certificates of indebtedness issued by mutual ditch or irrigation companies.” (f) Deduction for Dividends or Interest Paid on Deposits.— Section 591 (relating to deduction for dividends paid on deposits) is amended— (1) by striking out “and domestic building and loan associations” and inserting in lieu thereof the following: “domestic building and loan associations, and other savings institutions chartered and supervised as savings and loan or similar associations under Federal or State law”; and (2) by inserting after “dividends” the following: “or interest”. (g) Effective Dates.— (1) The amendment made by subsection (a) shall apply to taxable years ending after December 31, 1962, except that section

Ante, p. 981.

 593(f) of the Internal Revenue Code of 1954 shall apply to dis-76 Stat. 985tributions after December 31, 1962, in taxable years ending after such date. (2) The amendment made by subsection (b) shall apply to transactions described in section 595(a) of the Internal Revenue Code of 1954 occurring after December 31, 1962, in taxable years

Ante, p. 982.

 ending after such date. (3) The amendment made by subsection (c) shall apply to taxable years beginning after the date of the enactment of this Act. (4) Subsection (e) of this section shall become effective on January 1, 1963, except that—. (A) in the case of the tax imposed by section 4251 of the Internal Revenue Code of 1954, such subsection shall apply

26 USC 4251.

 only with respect to amounts paid pursuant to bills rendered after December 31, 1962; and (B) in the case of the tax imposed by section 4261 of such Code, such subsection shall apply only with respect to transportation beginning after December 31, 1962.
SEC. 7. DISTRIBUTIONS BY FOREIGN TRUSTS. (a) Definitions.— (1) Income of foreign trust.— Section 643(a)(6) (relating to modifications taken into account in computing distributable net income) is amended to read as follows: “(6) Income of foreign trust.— In the case of a foreign trust— “(A) There shall be included the amounts of gross income from sources without the United States, reduced by any amounts which would be deductible in respect of disbursements allocable to such income but for the provisions of section 265(1) (relating to disallowance of certain deductions). “(B) Gross income from sources within the United States shall be determined without regard to section 894 (relating to income exempt under Treaty). “(C) Paragraph (3) shall not apply to a foreign trust, created by a United States person. In the case of such a trust, (i) there shall be included gains from the sale or exchange of capital assets, reduced by losses from such sales or exchanges to the extent such losses do not exceed gains from such sales or exchanges, and (ii) the deduction under section 1202 (relating to deduction for excess of capital gains over capital losses) shall not be taken into account.” (2) Foreign trusts.—Section 643 (relating to definitions) is amended by adding at the end thereof the following new subsection: “(d) Foreign Trusts Created by United States Persons.— For purposes of this part, the term ‘foreign trust created by a United States person’ means that portion of a foreign trust (as defined in section 7701(a)(31)) attributable to money or property transferred

Poet, p. 988.

 directly or indirectly by a United States person (as defined in section 7701(a)(30)), or under the will of a decedent who at the date

Poet, p. 988.

 of his death w as a United States citizen or resident.” (b) Accumulation Distributions of Foreign Trusts.— (1) Section 665(b) (relating to definitions applicable to subpart D) is amended by striking out “(b) Accumulation Distribution.—For purposes of this subpart,” and inserting in lieu thereof the following: “(b) Accumulation Distributions of Trusts Other Than Certain Foreign Trusts.— For purposes of this subpart, in the case of76 Stat. 986 a trust (other than a foreign trust created by a United States person),”. (2)

26 USC 665.

 Section 665 is amended by redesignating subsections (c) and (d) as (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: “(c) Accumulation Distribution of Certain Foreign Trusts.— For purposes of this subpart, in the case of a foreign trust created by a United States person, the term ‘accumulation distribution’ for any taxable year of the trust means the amount by which the amounts specified in paragraph (2) of section 661(a) for süch taxable year exceed distributable net income, reduced by the amounts specified in paragraph (1) of section 661(a). For purposes of this subsection, the amount specified in paragraph (2) of section 661(a) shall be determined without regard to section 666. Any amount paid to a United States person which is from a payor who is not a United States person and which is derived directly or indirectly from a foreign trust created by a United States person shall be deemed in the year of payment to have been directly paid by the foreign trust.” (c) Allocation of Accumulation Distributions to Preceding Years.—

26 USC 666.

 Section 666(a) (relating to accumulation distribution allocated to 5 preceding years) is amended— (1) by striking out “(a) Amount Allocated.—In the case of a trust” and inserting in lieu thereof the following: “(a) Amount Allocated.— In the case of a trust (other than a foreign trust created by a United States person)”; and (2) by adding at the end thereof the following new sentence:

“In the case of a foreign trust created by a United States person, this subsection shall apply to the preceding taxable years of the trust without regard to any provision of the preceding sentences which would (but for this sentence) limit its application to the 5 preceding taxable years.”

 (d) Amounts Treated as Received in Prior Years.— Section 668 (a) (relating to amounts treated as received in prior taxable years) is amended by adding at the end thereof the following new sentence: “Except as provided in section 669, in the case of a foreign trust created by a United States person the preceding sentence shall not apply to any beneficiary who is a United States person.” (e) Special Rules for Foreign Trusts.—Subpart D of part I of

26 USC 665–668.

 subchapter J of chapter 1 (relating to treatment of excess distributions by trusts) is amended by adding at the end thereof the following new section:
“SEC. 669. SPECIAL RULES APPLICABLE TO CERTAIN FOREIGN TRUSTS. “(a) Limitation on Tax.— “(1) General rule.— At the election of a beneficiary who is a

Post, p. 988.

 United States person (as defined in section 7701(a)(30)) and who satisfies the requirements of subsection (b), the tax attributable to the amounts treated under section 668(a) as having been received by him from a foreign trust created by a United States person on the last day of a preceding taxable year of the trust shall not be greater than— “(A) the tax determined under the next to the last sentence of section 668(a), or “(B) the tax determined by multiplying by the number of preceding taxable years of the trust, on the last day of each

Supra.

 of which an amount is deemed under section 666(a) to have been distributed, the average of the increase in tax attributable to recomputing the beneficiary’s gross income for the taxable year and each of his 2 taxable years immediately preceding76 Stat. 987 the year of the accumulation distribution by adding to the income of each of such years an amount determined by dividing the amount required to be included in income under section 668(a) by such number of preceding taxable years of the

26 USC 668; Ante, p. 986.

 trust. The recomputation for the taxable year shall be made without regard to the inclusion in income required by section 668(a) of any amount other than pursuant to this paragraph. “(2) Exceptions.— “(A) When an accumulation distribution is deemed under section 666(a) to have been distributed on the last day of less

26 USC 666; Ante, p. 986.

 than 3 taxable years of the trust, the taxable years of the beneficiary for which a recomputation is made under subsection (a)(1)(B) shall equal the number of years to which section 666(a) applies, commencing with the most recent taxable year of the beneficiary. “(B) If a beneficiary was not alive on the last day of each preceding taxable year of the trust with respect to which a distribution is deemed made under section 666(a), paragraph (1)(A) of this subsection shall not apply. In applying paragraph (1)(B) of this subsection, no recomputation shall be made for a beneficiary for a taxable year for which he was not alive; if he has no preceding taxable year, the recomputation shall be made on the basis of his taxable year without regard to the inclusion in income required by section 668(a) of any amount other than pursuant to paragraph “(3) Effect of prior election.— In computing the limitation on tax under paragraph (1) of this subsection for any beneficiary— “(A) Subsequent election under paragraph (1)(a).— If an election has been made under paragraph (1)(B) of this subsection, for purposes of a subsequent election under paragraph (1)(A) the income of any year with respect to which an amount is deemed distributed to a beneficiary under section 666(a) shall include amounts previously deemed distributed to such beneficiary for such year as a result of an accumulation distribution with respect to which an election under paragraph (1)(B) was made. “(B) Subsequent election under paragraph (1)(b).— If with respect to an accumulation distribution an election has been made under either paragraph (1)(A) or paragraph (1)(B) of this subsection, or the next to the last sentence of section 668(a) has applied, for purposes of a subsequent election under paragraph (1)(B) the number of preceding taxable years of the trust with respect to which an amount is deemed distributed to a beneficiary under section 666(a) shall be determined without regard to any such year with respect to which an amount was previously deemed distributed to such beneficiary. “(b) Information Requirement.—The election of a beneficiary to apply the limitations on tax provided in subsection (a) of this section shall not be effective unless the beneficiary at the time of making the election supplies such information with respect to the operation and accounts of the trust, for each taxable year on the last day of which an amount is deemed distributed under section 666(a), as the Secretary or his delegate may by regulations prescribe.”
(f) Information Returns With Respect to Foreign Trusts.— Subpart B of part III of subchapter A of chapter 61 (relating to infor-76 Stat. 988niation concerning transactions with other persons) is amended by adding at the end thereof the following new section:
“SEC. 6048. RETURNS AS TO CREATION OF OR TRANSFERS TO CERTAIN FOREIGN TRUSTS. “(a) General Rule.— On or before the 90th day after— “(1) the creation of any foreign trust by a United States person, or “(2) the transfer of any money or property to a foreign trust by a United States person, the grantor in the case of an inter vivos trust, the fiduciary of an estate in the case of a testamentary trust, or the transferor, as the case may lie, shall make a return in compliance with the provisions of subsection (b). “(b) Form and Contents of Returns.—The returns required by subsection (a) shall be in such form and shall set forth, in respect of the foreign trust, such information as the Secretary or his delegate prescribes by regulation as necessary for carrying out the provisions of the income tax laws. “(c) Cross References.— “(1) For provisions relating to penalties for violations of this

Infra; 26 USC 7203.

Ante, p. 985.

 section, see sections 6677 and 7203. “(2) For definition of the term ‘foreign trust created by a United States person’, see section 643(d).”
(g) Failure To File Information Returns.—Subchapter B of

26 USC 6651–6659.

 chapter 68 (relating to assessable penalties) is amended by adding at the end thereof the following new section:
“SEC. 6677. FAILURE TO FILE INFORMATION RETURNS WITH RESPECT TO CERTAIN FOREIGN TRUSTS. “(a) Civil Penalty.— In addition to any criminal penalty provided by law, any person required to file a return under section 6048 who fails to file such return at the time provided in such section, or who files a return which does not show the information required pursuant to such section, shall pay a penalty equal to 5 percent of the amount transferred to a trust, but not more than $1,000, unless it is shown 1 hat such failure is due to reasonable cause. “(b) Deficiency Procedures Not To Apply.—Subchapter B of

26 USC 6211–6216.

 chapter 63 (relating to deficiency procedures for income, estate, and gift taxes) shall not apply in respect of the assessment or collection of any penalty imposed by subsection (a).”
(h)

26 USC 7701.

 United States Person Defined.— Section 7701(a) is amended by adding at the end thereof the following new paragraphs: “(30) United States person.— The term ‘United States person’ means— “(A) a citizen or resident of the United States, “(B) a domestic partnership, “(C) a domestic corporation, and “(D) any estate or trust (other than a foreign estate or foreign trust, within the meaning of section 7701(a)(31)). “(31) Foreign estate or trust.—The terms ‘foreign estate’ and ‘foreign trust’ mean an estate or trust, as the case may be, the income of which from sources without the United States is not includible in gross income under subtitle A.” (i) Technical Amendments.— (1) The table of sections for subpart D of subchapter J of chapter 1 (relating to treatment of excess distributions by trusts) is amended by adding at the end thereof “Sec. 669. 76 Stat. 989 (2) The table of sect ions for subpart B of part III of subchapter A of chapter 61 (relating to information concerning transactions with other persons) is amended by adding at the end thereof “Sec. 6048. (3) The table of sections for subchapter B of chapter 68 (relating to assessable penalties) is amended by adding at the end thereof “Sec. 6677. (j) Effective Date.— The amendments made by this section (other than by subsections (f), (g), and (h)) shall apply with respect to distributions made after December 31, 1962.
SEC. 8. MUTUAL INSURANCE COMPANIES (OTHER THAN LIFE, MARINE, AND CERTAIN FIRE OR FLOOD INSURANCE COMPANIES), ETC. (a) Imposition of Tax.—So much of part II of subchapter L (relating

26 USC 821–826; Ante, p. 114.

 to mutual insurance companies, other than life or marine or fire insurance companies issuing perpetual policies) of chapter 1 as precedes section 822 is amended to read as follows: “PART II— MUTUAL INSURANCE COMPANIES (OTHER THAN LIFE AND CERTAIN MARINE INSURANCE COMPANIES AND OTHER THAN FIRE OR FLOOD INSURANCE COMPANIES WHICH OPERATE ON BASIS OF PERPETUAL POLICIES OR PREMIUM DEPOSITS) “Sec. 821. “Sec. 822. “Sec. 823. “Sec. 824. “Sec. 825. “Sec. 826.
“SEC. 821. TAX ON MUTUAL INSURANCE COMPANIES TO WHICH PART II APPLIES. “(a) Imposition of Tax.— A tax is hereby imposed for each taxable year beginning after December 31, 1962, on the mutual insurance company taxable income of every mutual insurance company (other than a life insurance company and other than a fire, flood, or marine insurance company subject to the tax imposed by section 831). Such tax

Post, pp. 997, 998.

 shall consist of— “(1) Normal tax.— “(A) Taxable years beginning before july 1, 1963.— In the case of taxable years beginning before July 1, 1963, a normal tax of 30 percent of the mutual insurance company taxable income, or 60 percent of the amount by which such taxable income exceeds $6,000, whichever is the lesser; “(B) Taxable years beginning after june 30, 1963.— In the case of taxable years beginning after June 30, 1963, a normal tax of 25 percent of the mutual insurance company taxable income, or 50 percent of the amount by which such taxable income exceeds $6,000, whichever is the lesser; plus “(2) Surtax.— A surtax of 22 percent of the mutual insurance company taxable income (computed without regard to the deduction provided in section 242 for partially tax-exempt interest)

26 USC 242.

 in excess of $25,000. “(b) Mutual Insurance Company Taxable Income Defined.— For purposes of this part, the term ‘mutual insurance company tax-76 Stat. 990able income’ means, with respect to any taxable year, the amount by which— “(1) the sum of— “(A) the taxable investment income (as defined in section

Post, p. 992.

 822(a)(1)), “(B) the statutory underwriting income (as defined in

Post, p. 992.

Post, p. 994.

 section 823(a)(1)), and “(C) the amounts required by section 824(d) to be subtracted from the protection against loss account, exceeds “(2) the sum of— “(A) the investment loss (as defined in section 822(a)(2)), “(B) the statutory underwriting loss (as defined in section 823(a)(2)), and “(C)

Post, p. 995.

 the unused loss deduction provided by section 825 (a). “(c) Alternative Tax for Certain Small Companies.— “(1) Imposition of tax.— In the case of taxable years beginning after December 31, 1962, there is hereby imposed for each taxable year on the income of each mutual insurance company to which this subsection applies a tax (which shall be in lieu of the tax imposed by subsection (a)) computed as follows: “(A) Normal tax.— “(i) Taxable years beginning before July 1, 1963.—In the case of taxable years beginning before July 1, 1963, a normal tax of 30 percent of the taxable investment income, or 60 percent of the amount by which such taxable income exceeds $3,000, whichever is the lesser; “(ii) Taxable years beginning after june 30, 1963.— In the case of taxable years beginning after June 30, 1963, a normal tax of 25 percent of the taxable investment income, or 50 percent or the amount by which such taxable income exceeds $3,000, whichever is the lesser; plus “(B) Surtax.— A surtax of 22 percent of the taxable investment income (computed without regard to the deduction

26 USC 242.

 provided in section 242 for partially tax-exempt interest) in excess of $25,000. “(2) Gross amount received, over $150,000 but less than $250,000.—If the gross amount received during the taxable year from the items described in section 822(b) (other than paragraph (1)(D) thereof) and premiums (including deposits and assessments) is over $150,000 but less than $250,000, the tax imposed by paragraph (1) shall be reduced to an amount which bears the same proportion to the amount of the tax determined under paragraph (1) as the excess over $150,000 of such gross amount received bears to $100,000. “(3) Companies to which subsection applies.— “(A) In general.—Except as provided in subparagraph (B), this subsection shall apply to every mutual insurance company (other than a life insurance company and other than a fire, flood, or marine insurance company subject to the tax imposed by section 831) which received during the taxable

Post, pp. 997, 998.

 year from the items described in section 822(b) (other than paragraph (1)(D) thereof) and premiums (including deposits and assessments) a gross amount in excess of $150,000 but not in excess of $500,000. “(B) Exceptions.— This subsection shall not apply to a mutual insurance company for the taxable year if— “(i) there is in effect an election by such company made under subsection (d) to be taxable under subsection (a); or 76 Stat. 991 “(ii) there is any amount in the protection against loss account at the beginning of the taxable year. “(d) Election To Include Statutory Underwriting Income or Loss.— “(1) In general.—Any mutual insurance company which is subject to the tax imposed by subsection (c) may elect, in such manner and at such time as the Secretary or his delegate may by regulations prescribe, to be subject to the tax imposed by subsection (a). “(2) Effect of election.—If an election is made under paragraph (1), the electing company shall be subject to the tax imposed by subsection (a) (and shall not be subject to the tax imposed by subsection (c)) for the first taxable year for which such election is made and for all taxable years thereafter unless the Secretary or his delegate consents to a revocation of such election. “(e) No United States Insurance Business.—Foreign mutual insurance companies (other than a life insurance company and other than a fire, flood, or marine insurance company subject to the tax imposed by section 831) not carrying on an insurance business within

Post, pp. 997, 998.

 the United States shall not be subject to this part but shall be taxable as other foreign corporations. “(f) Special Transitional Underwriting Loss.— “(1) Companies to which subsection applies.—This subsection shall apply to every mutual insurance company which has been subject to the tax imposed by this section (as in effect before the enactment of this subsection) for the 5 taxable years immediately preceding January 1, 1962, and has incurred an underwriting loss for each of such 5 taxable years. “(2) Reduction of statutory underwriting income.— For purposes of this part, the statutory underwriting income of a company described in paragraph (1) for the taxable year shall be the statutory underwriting income for the taxable year (determined without regard to this subsection) reduced by the amount by which— “(A) the sum of the underwriting losses of such company for the 5 taxable years immediately preceding January 1, 1962, exceeds “(B) the total amount by which the company’s statutory underwriting income was reduced by reason of this subsection for prior taxable years. “(3) Underwriting loss defined.—For purposes of this subsection, the term ‘underwriting loss’ means statutory underwriting loss, computed without any deduction under section 824(a) and

Post, p. 993.

Post, p. 997.

 without any deduction under section 832(c)(11). “(4) Years to which subsection applies.—This subsection shall apply with respect to any taxable year beginning after December 31, 1962, and before January 1, 1968, for which the taxpayer is subject to the tax imposed by subsection (a). “(g) Cross References.— “(1) For exemption from tax of certain mutual insurance companies, see section 501(c)(15).

26 USC 501; Post, p. 997.

26 USC 1201; Post, p. 999.

 “(2) For alternative tax in case of capital gains, see section 1201(a).”
(b) Taxable Investment Income.— (1) In general.— Section 822 (relating to determination of

26 USC 822; Post, p. 992.

 mutual insurance company taxable income) is amended by strik-76 Stat. 992ing out the heading and subsection (a) and inserting in lieu thereof the following:
“SEC. 822. DETERMINATION OF TAXABLE INVESTMENT INCOME. “(a) Definitions.— For purposes of this part— “(1) The term ‘taxable investment income’ means the gross investment income, minus the deductions provided in subsection (c). “(2) The term ‘investment loss’ means the amount by which the deductions provided in subsection (c) exceed the gross investment income.”
(2) Conforming amendments.—Subsections (c) and (e) of

26 USC 822.

 section 822 are each amended by striking out “mutual insurance company taxable income” each place it appears and inserting in lieu thereof “taxable investment income”. (3) Dividends received deduction.—Section 822(c)(7) (relating to special deductions) is amended by adding at the end

26 USC 246.

 thereof the following new sentence: “In applying section 246(b) (relating to limitation on aggregate amount of deductions for dividends received) for purposes of this paragraph, the reference in such section to ‘taxable income’ shall be treated as a reference to ‘taxable investment income’.” (4) Redesignation of section 823.—Part II of subchapter L of chapter 1 is amended by striking out
“SEC. 823. OTHER DEFINITIONS. “For purposes of this part—”,

and inserting in lieu thereof (at the end of section 822) the following:

“(f) Definitions.— For purposes of this part—”. (c) Statutory Underwriting Income or Loss.— Part II of subchapter L of chapter 1 is amended by adding after section 822(f) (as redesignated by subsection (b)(4) of this section) the following new sections:
“SEC. 823. DETERMINATION OF STATUTORY UNDERWRITING INCOME OR LOSS. “(a) In General.— For purposes of this part— “(1) The term ‘statutory underwriting income’ means the amount by which— “(A) the gross income which would be taken into account

26 USC 832.

Post, pp. 997, 998.

 in computing taxable income under section 832 if the taxpayer were subject to the tax imposed by section 831, reduced by the gross investment income, exceeds “(B) the sum of (i) the deductions which would be taken into account in computing taxable income if the taxpayer were subject to the tax imposed by section 831, reduced by

Supra;

26 USC 822.

 the deductions provided m section 822(c), plus (ii) the deductions provided in subsection (c) and section 824(a). “(2) The term ‘statutory underwriting loss’ means the excess of the amount referred to in paragraph (1)(B) over the amount referred to in paragraph (1)(A). “(b) Modifications.— In applying subsection (a)— “(1) Net operating loss deduction.—The deduction for net

26 USC 172.

 operating losses provided in section 172 shall not be allowed. “(2) Interinsurer.— In the case of a mutual insurance company which is an interinsurer or reciprocal underwriter— “(A) there shall be allowed as a deduction the increase for the taxable year in savings credited to subscriber accounts, or “(B) there shall be included as an item of gross income the decrease for the taxable year in savings credited to subscriber accounts. 76 Stat. 993 For purposes of the preceding sentence, the term ‘savings credited to subscriber accounts’ means such portion of the surplus as is credited to the individual accounts oi subscribers before the 16th day of the third month following the close of the taxable year, but only if the company would be obligated to pay such amount promptly to such subscriber if he terminated his contract at the close of the company’s taxable year. For purposes of determining his taxable income, the subscriber shall treat any such savings credited to his account as a dividend paid or declared. “(c) Special Deduction for Small Company Having Gross Amount of Less Than $1,100,000.— “(1) In general.—If the gross amount received during the taxable year by a taxpayer subject to the tax imposed by section 821(a) from the items described in section 822(b) (other than paragraph (1)(D) thereof) and premiums (including deposits and assessments) does not equal or exceed $1,100,000, then in determining the statutory underwriting income or loss for the taxable year there shall be allowed an additional deduction of $6,000; except that if such gross amount exceeds $500,000, such additional deduction shall be equal to 1 percent of the amount by which $1,100,000 exceeds such gross amount. “(2) Limitation.—The amount of the deduction allowed under paragraph (1) shall not exceed the statutory underwriting income for the taxable year, computed without regard to any deduction under this subsection or section 824(a).
“SEC. 824. ADJUSTMENTS TO PROVIDE PROTECTION AGAINST LOSSES. “(a) Allowance of Deduction.— “(1) In general.— In determining the statutory underwriting income or loss for any taxable year there shall be allowed as a deduction the sum of— “(A) an amount equal to 1 percent of the losses incurred during the taxable year (as determined under section 832(b)(5)),

26 USC 832.

 plus “(B) an amount equal to 25 percent of the underwriting gain for the taxable year, plus “(C) if the concentrated windstorm, etc., premium percentage for the taxable year exceeds 40 percent, an amount determined by applying so much of such percentage as exceeds 40 percent to the underwriting gain for the taxable year. For purposes of this paragraph, the term ‘underwriting gain’ means statutory underwriting income, computed without any deduction under this subsection. “(2) Special rule for companies having concentrated windstorm, etc., risks.— For purposes of paragraph (1)(C), the term ‘concentrated windstorm, etc., premium percentage’ means, with respect to any taxable year, the percentage obtained by dividing— “(A) the amount of the premiums earned on insurance contracts during the taxable year (as defined in section 832 (b)(4)), to the extent attributable to insuring against losses

26 USC 832; Post, p. 997.

 arising, either in any one State or within 200 miles of any fixed point selected by the taxpayer, from windstorm, hail, flood, earthquake, or similar hazards, by “(B) the amount of the premiums earned on insurance contracts during the taxable year (as so defined). “(b) Protection Against Loss Account.—Each insurance company subject to the tax imposed by section 821 (a) for any taxable year shall,

Ante, p. 989.

 for purposes of this part, establish and maintain a protection against loss account. 76 Stat. 994 “(c) Additions to Account.—There shall be added to the protection against, loss account for each taxable year an amount equal to the amount allowable as a deduction for the taxable year under subsection (a)(1). “(d) Subtractions.— “(1) Annual subtractions.— After applying subsection (c), there shall be subtracted for the taxable year from the protection against loss account— “(A) first, an amount equal to the excess (if any) of the deduction allowed under subsection (a) for the taxable year over the underwriting gain (within the meaning of subsection (a)(1)) for the taxable year, “(B) then, the amount (if any) by which— “(i) the sum of the investment loss for such year and the statutory underwriting loss (reduced by the amount referred to in subparagraph (A)) for such year, exceeds “(ii) the sum of the statutory underwriting income for such taxable year and the taxable investment income for such taxable year, “(C) next (in the order in which the losses occurred), amounts equal to the unused loss carryovers to such year, “(D) next, any amount remaining which was added to the account for the fifth preceding taxable year, minus one-half of the amount remaining in the account for such taxable year which was added by reason of subsection (a)(1)(B), and “(E) finally, the amount by which the total amount in the account exceeds whichever or the following is the greater: “(i) 10 percent of premiums earned on insurance contracts during the taxable year (as defined in section 832 (b)(4)) less dividends to policyholders (as defined in section

Post, p. 997.

 832(c)(11)), or “(ii) the total amount in the account at the close of the preceding taxable year. “(2) Rules for ceiling on protection against loss account.— For purposes of paragraph (1)(E), the total amount in the account shall be determined— “(A) after the application of this section without regard to paragraph (1)(E), and “(B) without taking into consideration amounts remaining in the account which were added, with respect to all taxable years, by reason of subsection (a)(1)(C). “(3) Priorities.— The amounts required to be subtracted from the protection against loss account— “(A) under subparagraphs (A), (B), and (C) of paragraph (1) shall be subtracted— “(i) first (on a first-in, first-out, basis) from amounts in the account with respect to the five preceding taxable years and the taxable year, and “(ii) then from amounts in the account with respect to earlier years, “(B) under subparagraph (E) of paragraph (1) shall be subtracted only from amounts in the account with respect to the taxable year, and “(C) under paragraphs (A), (B), (C), and (E) of paragraph (1) shall, if the amount to be subtracted from the total amounts in the account with respect to any taxable year is less than such total, be subtracted from each of the amounts (referred to in subsection (a)(1)) in the account with respect to such year in the proportion which each bears to such total. 76 Stat. 995 “(4) Termination of taxability under section 821.—If the taxpayer is not subject to tax under section 821 for any taxable

Ante, p. 989.

 year, the entire amount in the account at the close of the preceding taxable year shall be subtracted from the account in such preceding taxable year. “(5) Election to subtract amount from account.— “(A) A taxpayer may elect for any taxable year for which it is subject to tax under section 821(a) to subtract from its protection against loss account any amount which, but for the application of this subparagraph, would be in such account as of the close of such taxable year. “(B) The election provided by subparagraph (A) for any taxable year shall be made (in such manner and in such form as the Secretary or his delegate may by regulations prescribe) after the close of such taxable year and not later than the time prescribed by law for filing the return (including extensions thereof) for the taxable year following such taxable year. Such an election, once made, may not he revoked.
“SEC. 825. UNUSED LOSS DEDUCTION. “(a) Amount of Deduction.— For purposes of this part, the unused loss deduction for the taxable year shall be an amount equal to the unused loss carryovers or carrybacks to the taxable year. “(b) Unused Loss Defined.— For purposes of this part, the term ‘unused loss’ means, with respect to any taxable year, the amount (if any) by which— “(1) the sum of the statutory underwriting loss and the investment loss, exceeds “(2) the sum of— “(A) the taxable investment income, “(B) the statutory underwriting income, and “(C) the amounts required by section 824(d) to be subtracted

Ante, p. 994.

 from the protection against loss account. “(c) Loss Year Defined.—For purposes of this part, the term ‘loss year’ means, with respect to any company subject to the tax imposed by section 821(a), any taxable year in which the unused loss (as defined in subsection (b)) of such taxpayer is more than zero. “(d) Years to Which Carried.— The unused loss for any loss year shall be— “(1) an unused loss carryback to each of the 3 taxable years preceding the loss year, and “(2) an unused loss carryover to each of the 5 taxable years following the loss year. “(e) Amount of Carrybacks and Carryovers.—The entire amount of the unused loss for any loss year shall be carried to the earliest of the taxable years to which such loss may be carried. The portion of such loss which shall be carried to each of the other taxable years shall be the excess (if any) of the amount of such loss over the sum of the offsets (as defined in subsection (f)) for each of the prior taxable years to which such loss may be carried. “(f) Offset Defined.—For purposes of subsection (e), the term ‘offset’ means with respect to any taxable year (hereinafter referred to as the ‘offset year’)— “(1) in the case of an unused loss carryback from the loss year to the offset year, the mutual insurance company taxable income for the offset year; or “(2) in the case of an unused loss carryover from the loss year to the offset year, an amount equal to the sum of— 76 Stat. 996 “(A) the amount required to be subtracted from the protection

Ante, p. 994.

 against loss account under section 824(d)(1)(C) for the offset year, plus “(B) the mutual insurance company taxable income for the offset year. For purposes of paragraphs (1) and (2)(B), the mutual insurance company taxable income for the offset year shall be determined without regard to any unused loss carryback or carryover from the loss year or any taxable year thereafter. “(g) Limitations.— For purposes of this part, an unused loss shall not be carried— “(1) to or from any taxable year beginning before January 1, 1963, “(2) to, or from any taxable year for which the insurance

Ante, p. 989.

 company is not subject to the tax imposed by section 821(a), nor “(3) to any taxable year if, between the loss year and such taxable year, there is an intervening taxable year for which the insurance company was not subject to the tax imposed by section 821(a).
“SEC. 826. ELECTION BY RECIPROCAL. “(a) In General.— Except as otherwise provided in this section, any mutual insurance company which is an interinsurer or reciprocal underwriter (hereinafter in this section referred to as a ‘reciprocal’) subject to the taxes imposed by section 821 (a) may, under regulations prescribed by the Secretary or his delegate, elect to be subject to the limitation provided in subsection (b). Such election shall be effective for the taxable year for which made and for all succeeding taxable years, and shall not be revoked except with the consent of the Secretary or his delegate. “(b) Limitation.—The deduction for amounts paid or incurred in the taxable year to the attorney infact by a reciprocal making the election provided in subsection (a) shall be limited to, but in no case increase by, the deductions of the attorney-in-fact allocable, in accordance witn regulations prescribed by the Secretary or his delegate, to the income received by the attorney-in-fact from the reciprocal. “(c) Exception.—An election may not be made by a reciprocal under subsection (a) unless the attorney-in-fact of such reciprocal— “(1)

26 USC 11; Ante, p. 114.

 is subject to the taxes imposed by section 11 (b) and (c); “(2) consents in such manner as the Secretary or his delegate shall prescribe by regulations to make available such information as may be required during the period in which the election provided in subsection (a) is in effect, under regulations prescribed by the Secretary or his delegate; “(3) reports the income received from the reciprocal and the deductions allocable thereto under the same method of accounting under which the reciprocal reports deductions for amounts paid to the attorney-in-fact; and “(4) files its return on the calendar year basis. “(d)

Ante, p. 994.

 Special Rule.—In applying section 824(d)(1)(D), any amount which was added to the protection against loss account by reason of an election under this section shall be treated as having

Ante, p. 993.

 been added by reason of section 824(a)(1)(A). “(e) Credit.—Any reciprocal electing to be subject to the limitation provided in subsection (b) shall be credited with so much of the tax paid by the attorney infact as is attributable, under regulations prescribed by the Secretary or his delegate, to the income received by the attorney-in-fact from the reciprocal in such taxable year. 76 Stat. 997 “(f) Surtax Exemption Denied.—Any increase in taxable income of a reciprocal attributable to the limitation provided in subsection (b) shall be taxed without regard to the surtax exemption provided in section 821(a)(2).

Ante, p. 989.

 “(g) Adjustment for Refund.—If for any taxable year an attorney-in-fact is allowed a credit or refund for taxes paid with respect to which credit or refund to the reciprocal resulted under subsection (e), the taxes of such reciprocal for such taxable year shall be properly adjusted under regulations prescribed by the Secretary or his delegate. “(h) Taxes of Attorney-in-fact Unaffected.—Nothing in this section shall increase or decrease the taxes imposed by this chapter on the income of the attorney-in-fact.”
(d) Exemption From Tax.—Section 501(c)(15) (relating to

26 USC 501.

 exemption from tax of certain mutual insurance companies) is amended by striking out “$75,000” and in lieu thereof inserting “$150,000”. (e) Mutual Fire Insurance Companies Operating on Basis of Premium Deposits.— (1) Application of section 831(a).—Section 831(a) (imposing

26 USC 831.

 a tax on certain mutual marine and tire insurance companies and on stock insurance companies which are not life insurance companies) is amended to read as follows: “(a) Imposition of Tax.—Taxes computed as provided in section 11 shall be imposed for each taxable year or the taxable income of—

26 USC 11; Ante, p. 114.

 “(1) every insurance company (other than a life or mutual insurance company), “(2) every mutual marine insurance company, and “(3) every mutual fire or flood insurance company— “(A) exclusively issuing perpetual policies, or “(B) whose principal business is the issuance of policies for which the premium deposits are the same, regardless of the length of the term for which the policies are written, if the unabsorbed portion of such premium deposits not required for losses, expenses, or establishment of reserves is returned or credited to the policyholder on cancellation or expiration of the policy.” (2) Treatment of unabsorbed premium deposits.—Section 832(b)(4) (relating to definition of premiums earned) is amended

26 USC 832.

 by adding at the end thereof the following new sentence: “For purposes of this subsection, unearned premiums of mutual fire or flood insurance companies described in section 831(a)(3)(B)

Supra.

 means (with respect to the policies described in section 831(a)(3)(B)) the amount of unabsorbed premium deposits which the company would be obligated to return to its policyholders at the close of the taxable year if all of its policies were terminated at such time; and the determination of such amount shall be based on the schedule of unabsorlwd premium deposit returns for each such company then in effect. Premiums paid by the subscriber of a mutual flood insurance company referred to in paragraph (3) of section 831(a) shall be treated, for purposes of computing the taxable income of such subscriber, in the same manner as premiums paid by a policyholder to a mutual tire insurance company referred to in such paragraph (3).” (3) Conforming amendment.—Section 832(b)(1)(C) is

26 USC 832.

 amended by striking out “section 831(a),” and inserting in lieu thereof “section 831(a)(3)(A),”.

26 USC 831.

 (4) Adjustment of premium deposit.—Section 832(c)(11) is amended to read as follows: “(11) dividends and similar distributions paid or declared to policyholders in their capacity as such, except in the case of a76 Stat. 998

Ante, p. 997.

 mutual fire insurance company described in section 831(a)(3)(A). For purposes of the preceding sentence, the term ‘dividends and similar distributions’ includes amounts returned or credited to policyholders on cancellation or expiration of policies described in section 831(a)(3)(B). For purposes of this paragraph, the term ‘paid or declared’ shall be construed according to the method of accounting regularly employed in keeping the books of the insurance company; and”. (5)

26 USC 832.

 Additional item of income.— Section 832(b)(1) is amended by striking out “and” at the end of subparagraph (B), by striking out the period at the end of subparagraph (C) and inserting in lieu thereof “, and”, and by adding at the end thereof the following new subparagraph: “(D) in the case of a mutual fire or flood insurance company described in section 831(a)(3)(B), an amount equal to 2 percent of the premiums earned on insurance contracts during the taxable year with respect to policies described in section 831(a)(3)(B) after deduction of premium deposits returned or credited during the same taxable year.” (f) Election of Certain Mutual Companies To Be Taxed on Total Income.—

Ante, p. 997.

 Section 831 is amended by redesignating subsection (c) as subsection (d), and by inserting after subsection (b) the following new Subsection: “(c) Election for Multiple Line Company To Be Taxed on Total Income.— “(1) In general.—Any mutual insurance company engaged in writing marine, fire, and casualty insurance which for any 5-year period beginning after December 31, 1941, and ending before January 1, 1962, was subject to the tax imposed by section 831 (or the tax imposed by corresponding provisions of prior law) may elect, in such manner and at such time as the Secretary or his delegate may by regulations prescribe, to be subject to the tax imposed by section 831, whether or not marine insurance is its predominant source of premium income. “(2) Effect of election.—If an election is made under paragraph (1), the electing company shall (in lieu of being subject

Ante, p. 989.

 to the tax imposed by section 821) be subject to the tax imposed by this section for taxable years beginning after December 31, 1961. Such election shall not be revoked except with the consent of the Secretary or his delegate.” (g) Technical Amendments, etc.— (1)

26 USC 841.

 Credit for foreign taxes.—Section 841 (relating to credit for foreign taxes) is amended by striking out “and” at the end of paragraph (1), by renumbering paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following new paragraph: “(2) in the case of the tax imposed by section 821(a), the mutual insurance company taxable income (as defined in section 821(b)): and in the case of the tax imposed by section 821(c), the taxable investment income (as defined in section 822(a)), and”. (2) Adjustments to basis for depreciation sustained.— Section

26 USC 1016.

 1016(a)(3) (relating to adjustments to basis for depreciation, etc., sustained) is amended by striking out “and” at the end oi subparagraph (B), by inserting “and” at the end of subparagraph (C), and by inserting after subparagraph (C) the following new subparagraph: “(D) since February 28, 1913, during which such property was held by a person subject to tax under part II of subchapter L (or the corresponding provisions of prior income tax laws), to the extent that paragraph (2) does not apply,”. 76 Stat. 999 (3) Alternative tax on capital gains.—Section 1201(a)

26 USC 1201.

 (relating to alternative tax on corporations) is amended by striking out “821 (a)(1) or (b),” and inserting in lieu thereof “821 (a) or (c),”.

Ante, p. 989.

 (4) Clerical amendments.— (A) The table of parts for subchapter L is amended by striking out the portion referring to part II and inserting in lieu thereof the following: “Part II. (B) The heading to section 831 is amended to read as follows:
“SEC. 831. TAX ON INSURANCE COMPANIES (OTHER THAN LIFE OR MUTUAL), MUTUAL MARINE INSURANCE COMPANIES, AND CERTAIN MUTUAL FIRE OR FLOOD INSURANCE COMPANIES.”
(C) The table of sections for part III of subchapter L is amended by striking out the portion referring to section 831 and inserting in lieu thereof the following: “Sec. 831. (h) Effective Date.— The amendments made by this section (other than by subsection (f)) shall apply with respect to taxable years beginning after December 31, 1962.
SEC. 9. DOMESTIC CORPORATIONS RECEIVING DIVIDENDS FROM FOREIGN CORPORATIONS. “(a) Foreign Taxes Deemed Paid by Domestic Corporations.— Section 902 (relating to credit for corporate stockholder in foreign

26 USC 902.

 corporations) is amended to read as follows:
“SEC 902. CREDIT FOR CORPORATE STOCKHOLDER IN FOREIGN CORPORATION. • “(a) Treatment of Taxes Paid by Foreign Corporation.— For purposes of this subpart, a domestic corporation which owns at least 10 percent of the voting stock of a foreign corporation from which it receives dividends in any taxable year shall— “(1) to the extent such dividends are paid by such foreign corporation out of accumulated profits (as defined in subsection (c)(1)(A)) of a year for which such foreign corporation is not a less developed country corporation, be deemed to have paid the same proportion of any income, war profits, or excess profits taxes paid-or deemed to be paid by such foreign corporation to any foreign country or to any possession of the United States on or with respect to such accumulated profits, which the amount of such dividends (determined without regard to section 78) bears

Post, p. 1001.

 to the amount of such accumulated profits in excess of such income, war profits, and excess profits taxes (other than those deemed paid); and “(2) to the extent such dividends are paid by such foreign corporation out of accumulated profits (as defined in subsection (c)(1)(B)) of a year for which such foreign corporation is a less developed country corporation, be deemed to have paid the same proportion of any income, war profits, or excess profits taxes paid or deemed to be paid by such foreign corporation to any foreign country or to any possession of the United States on or with respect to such accumulated profits, which the amount of such dividends bears to the amount of such accumulated profits. 76 Stat. 1000 “(b) Foreign Subsidiary of Foreign Corporation.— If such foreign corporation owns 50 percent or more of the voting stock of another foreign corporation from which it receives dividends in any taxable year, it shall be deemed to have paid the same proportion of any income, war profits, or excess profits taxes paid by such other foreign corporation to any foreign country or to any possession of the United States, on or with respect to the accumulated profits of the corporation from which such dividends were paid which— “(1) for purposes of applying subsection (a)(1), the amount of such dividends bears to the amount of the accumulated profits (as defined in subsection (c)(1)(A)) of such other foreign corporation from which such dividends were paid in excess of such income, war profits, and excess profits taxes, or “(2) for purposes of applying subsection (a)(2), the amount of such dividends bears to the amount of the accumulated profits (as defined in subsection (c)(1)(B)) of such other foreign corporation from which such dividends were paid. “(c) Applicable Rules.— “(1) Accumulated profits defined.— For purposes of this section, the term ‘accumulated profits’ means with respect to any foreign corporation— “(A) for purposes of subsections (a)(1) and (b)(1), the amount of its gains, profits, or income computed without reduction by the amount of the income, war profits, and excess profits taxes imposed on or with respect to such profits or income by any foreign country or any possession of the United States; and “(B) for purposes of subsections (a)(2) and (b)(2), the amount of its gains, profits, or income in excess of the income, war profits, and excess profits taxes imposed on or with respect to such profits or income. The Secretary or his delegate shall have full power to determine from the accumulated profits of what year or years such dividends were paid, treating dividends paid in the first 60 days of any year as having been paid from the accumulated profits of the preceding year or years (unless to his satisfaction shown otherwise), and m other respects treating dividends as having been paid from the most recently accumulated gains, profits, or earnings. “(2) Accounting periods.—In the case of a foreign corporation, the income, war profits, and excess profits taxes of which are determined on the basis of an accounting period of less than 1 year, the word ‘year’ as used in this subsection shall be construed to mean such accounting period. “(d) Less Developed Country Corporation Defined.—For purposes of this section, the term ‘less developed country corporation’ means— “(1) a foreign corporation which, for its taxable year, is a less developed country corporation within the meaning of section

Post, p. 1014.

 955(c)(1) or (2), and “(2) a foreign corporation which owns 10 percent or more of the total combined voting power of all classes of stock entitled to vote of a foreign corporation which is a less developed country corporation within the meaning of section 955(c)(1), and— “(A) 80 percent or more of the gross income of which for its taxable year meets the requirement of section 955(c)(1) “(B) 80 percent or more in value of the assets of which on each day of such year consists of property described in section 955(c)(1)(B). 76 Stat. 1001 A foreign corporation which is a less developed country corporation for its first taxable year beginning after December 31, 1962, snail, for purposes of this section, be treated as having been a less developed country corporation for each of its taxable years beginning before January 1, 1963. “(e) Cross References.— “(1) For inclusion in gross income of an amount equal to taxes deemed paid under subsection (a)(1), see section 78.

Infra.

 “(2) For application of subsections (a) and (b) with respect to taxes deemed paid in a prior taxable year by a United States shareholder with respect to a controlled foreign corporation, see section 960.

Post, p. 1020.

 “(3) For reduction of credit with respect to dividends paid out of accumulated profits for years for which certain information is not furnished, see section 6038.”

Post, p. 1059.
(b) Inclusion in Gross Income of Amount Equal to Taxes Deemed Paid.— Part II of‘subchapter B of chapter 1 (relating to

26 USC 71–77.

 items specifically included in gross income) is amended by adding at the end thereof the following new section:
“SEC. 78. DIVIDENDS RECEIVED FROM CERTAIN FOREIGN CORPORATIONS BY DOMESTIC CORPORATIONS CHOOSING FOREIGN TAX CREDIT. “If a domestic corporation chooses to have the benefits of subpart A of part III of subchapter N (relating to foreign tax credit) for any taxable year, an amount equal to the taxes deemed to be paid by such corporation under section 902(a)(1) (relating to credit for corporate

Ante, p. 999.

Post, p. 1020.

 stockholder in foreign corporation) or under section 960(a)(1)(C) (relating to taxes paid by foreign corporation) for such taxable year shall be treated for purposes of this title (other than section 245) as a dividend received by such domestic corporation from the foreign corporation.”
(c) Determination of Source of Dividends Received From Certain Foreign Corporations.—Section 861(a)(2)(B) (relating to dividends from foreign corporations treated as income from sources within the United States) is amended by striking out “to the extent exceeding the amount of the deduction allowable under section 245

26 USC 245; Ante, p. 977.

 in respect of such dividends” and inserting in lieu thereof “to the extent exceeding the amount which is 100/85ths of the amount of the deduction allowable under section 245 in respect of such dividends”. (d) Technical Amendments.— (1) The table of sections for part II of subchapter B of chapter 1 is amended by adding at the end thereof the following: “Sec. 78. (2) Section 535(b)(1) and the first sentence of section 545(b)(1)

26 USC 535, 545.

 are each amended by striking out “accrued during the taxable year,” and inserting in lieu thereof “accrued during the taxable year or deemed to be paid by a domestic corporation under section 902(a)(1) or 960(a)(1)(C) for the taxable year,”. (3) Section 901(d) is amended by adding the following new

26 USC 901.

 paragraph: “(4) For reduction of credit for failure of a United States person to furnish certain information with respect to a foreign corporation controlled by him, see section 6038.” (e) Effective Date.— The amendments made by this section shall apply— (1) m respect of any distribution received by a domestic corporation after December 31, 1964, and (2) in respect of any distribution received by a domestic corporation before January 1, 1965, in a taxable year of such76 Stat. 1002corporation beginning after December 31, 1962, but only to the extent that such distribution is made out of the accumulated profits of a foreign corporation for a taxable year (of such, foreign corporation) beginning after December 31, 1962. For purposes of paragraph (2), a distribution made by a foreign corporation out of its profits which are attributable to a distribution

Ante, p. 1000.

 received from a foreign subsidiary to which section 902(b) applies shall be treated as made out of the accumulated profits of a foreign corporation for a taxable year beginning before January 1, 1963, to the extent that such distribution was paid out of the accumulated profits of such foreign subsidiary for a taxable year beginning before January 1, 1963.
SEC. 10. SEPARATE LIMITATION ON FOREIGN TAX CREDIT WITH RESPECT TO CERTAIN INTEREST INCOME. (a)

26 USC 904.

 Limitation on Foreign Tax Credit.— Section 904 (relating to limitations on foreign tax credit) is amended by redesignating

Post, p. 1031.

 subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: “(f) Application of Section in Case of Certain Interest Income.— “(1) In general.— The provisions of subsections (a), (c), (d), and (e) of this section shall be applied separately with respect “(A) the interest income described in paragraph (2), and “(B) income other than the interest income described,in paragraph (2). “(2) Interest income to which applicable.— For purposes of this subsection, the interest income described in this paragraph is interest other than interest— “(A) derived from any transaction which is directly related to the active conduct of a trade or business in a foreign country or a possession of the United States, “(B) derived in the conduct of a banking, financing, or similar business, “(C) received from a corporation in which the taxpayer owns at least 10 percent of the voting stock, or “(D) received on obligations Required as a result of the disposition of a trade or business actively conducted by the taxpayer in a foreign country or possession of the United States or as a result of the disposition of stock or obligations of a corporation in which the taxpayer owned at least 10 percent of the voting stock. “(3) Overall limitation not to apply.—The limitation provided by subsection (a)(2) shall not apply with respect to the interest income described in paragraph (2). The Secretary or his delegate shall by regulations prescribe the manner of application of subsection (e) with respect to cases in which the limitation provided by subsection (a)(2) applies with respect to income other than the interest income described in paragraph (2). “(4) Transitional rules for carrybacks and carryovers.— “(A) Carrybacks to years prior to revenue act of 1962.— Where, under the provisions of subsection (d), taxes (i) paid or accrued to any foreign country or possession of the United States in any taxable year beginning after the date of the enactment of the Revenue Act of 1962 are deemed (ii) paid or accrued in one or more taxable years beginning on or before the date of enactment of the Revenue Act of 1962, the amount of such taxes deemed paid or accrued shall be determined without regard to the provisions of this sub-76 Stat. 1003section. To the extent the taxes paid or accrued to a foreign country or possession of the United States in any taxableyear described in clause (i) are not, with the application or the preceding sentence, deemed paid or accrued in any taxable year described in clause (ii), such taxes shall, for purposes of applying subsection (a), or deemed paid or accrued in a taxable year beginning after the date of the enactment of the Revenue Act of 1962, with respect to interest income described in paragraph (2), and with respect to income other than interest income described in paragraph (2), in the same ratios as the amount of such taxes paid or accrued with respect to interest income described in paragraph (2), and the amount of such taxes paid or accrued with respect to income other than interest income described in paragraph (2), respectively, bear to the total amount of such taxes paid or accrued to such foreign country or possession of the United States. “(B) Carryovers to years after revenue act of 1962.—Where, under the provisions of subsection (d), taxes (i) paid or accrued to any foreign country or possession of the United States in any taxable year beginning on or before the date of the enactment of the Revenue Act of 1962 are deemed (ii) paid or accrued in one or more taxable years beginning after the date of the enactment of the Revenue Act of 1962, the amount of such taxes deemed paid or accrued in any year described in clause (ii) shall, with respect to interest income described in paragraph (2), be an amount which bears the same ratio to the amount of such taxes deemed paid or accrued as the amount of the taxes paid or accrued to such foreign country or possession for such year with respect to interest income described in paragraph (2) bears to the total amount of the taxes paid or accrued to such foreign country or possession for such year; and the amount of such taxes deemed paid or accrued in any year described in clause (ii) with respect to income other than interest income described in paragraph (2) shall be an amount which bears the same ratio to the amount of such taxes deemed paid or accrued for such year as the amount of taxes paid or accrued to such foreign country or possession for such year with respect to income other than interest income described in paragraph (2) beats to the total amount of the taxes paid or accrued to such foreign country or possession for such year.” (b) Effective Date.—The amendments made by subsection (a) shall apply with respect to taxable years beginning after the date of the enactment of this Act, but only with respect to interest resulting from transactions consummated after April 2, 1962.
SEC. 11. EARNED INCOME FROM SOURCES WITHOUT THE UNITED STATES. “(a) Limitation on Amount and Type of Income Excluded.— Section 911 (relating to earned income from sources without the United

26 USC 911; Post, p. 1005.

 States) is amended to read as follows:
“SEC. 911. EARNED INCOME FROM SOURCES WITHOUT THE UNITED STATES. “(a) General Rule.— The following items shall not be included in gross income and shall be exempt from taxation under this subtitle: “(1) Bona fide resident of foreign country.— In the case of an individual citizen of the United States who establishes to the satisfaction of the Secretary or his delegate that he has been a bona fide resident of a foreign country or countries for an uninterrupted period which includes an entire taxable year, amounts76 Stat. 1004 received from sources without the United States (except amounts paid by the United States or any agency thereof) which constitute earned income attributable to services performed during such uninterrupted period. The amount excluded under this paragraph for any taxable year shall be computed by applying the special rules contained in subsection (c). “(2) Presence in foreign country for 17 months.—In the case of an individual citizen of the United States who during any period of 18 consecutive months is present in a foreign country or countries during at least 510 full days in such period, amounts received from sources without the United States (except amounts paid by the United States or any agency thereof) which constitute earned income attributable to services performed during such 18-month period. The amount excluded under this paragraph for any taxable year shall be computed by applying the special rules contained in subsection (c). An individual shall not be allowed, as a deduction from his gross

26 USC 151.

 income, any deductions (other than those allowed by section 151, relating to personal exemptions) properly allocable to or chargeable against amounts excluded from gross income under this subsection. “(b) Definition of Earned Income.—For purposes of this section, the term ‘earned income’ means wages, salaries, or professional fees, and other amounts received as compensation for personal services actually rendered, but does not include that part of the compensation derived by the taxpayer for personal services rendered by him to a corporation which represents a distribution of earnings or profits rather than a reasonable allowance as compensation for the personal services actually rendered. In the case or a taxpayer engaged in a trade or business in which both personal services and capital are material income-producing factors, under regulations prescribed by the Secretary or his delegate, a reasonable allowance as compensation for the personal services rendered by the taxpayer, not in excess of 30 percent of his share of the net profits of such trade or business, shall be considered as earned income. “(c) Special Rules.— For purposes of computing the amount excludable under subsection (a), the following rules shall apply: “(1) Limitations on amount of exclusion.— The amount excluded from the gross income of an individual under subsection (a) for any taxable year shall not exceed an amount which shall be computed on a daily basis at an annual rate of— “(A) except as provided in subparagraph (B), $20,000 in the case of an individual who qualifies Under subsection (a), or “(B) $35,000 m the case of an individual who qualifies under subsection (a)(1), but only with respect to that portion of such taxable year occurring after such individual has been a bona fide resident of a foreign country or countries for an uninterrupted period of 3 consecutive years. “(2) Attribution to year in which services are performed.—For purposes of applying paragraph (1), amounts received shall be considered received in the taxable year in which the services to which the amounts are attributable are performed. “(3) Treatment of community income.— In applying paragraph (1) with respect to amounts received for services performed by a husband or wife which are community income under community property laws applicable to such income, the aggregate amount excludable under subsection (a) from the gross income of such husband and wife shall equal the amount which would be excludable if such amounts did not constitute such community income. 76 Stat. 1005 “(4) Requirement as to time of receipt.—No amount received after the close of the taxable year following the taxable year in which the services to which the amounts are attributable are performed may be excluded under subsection (a). “(5) Certain amounts not excludable.— No amount— “(A) received as a pension or annuity, or “(B) included in gross income by reason of section 402(b)

26 USC 402.

 (relating to taxability of beneficiary of non-exempt trust), section 403(c) (relating to taxability of beneficiary under a

26 USC 403.

 non-qualified annuity), or section 403(d) (relating to taxability of beneficiary under certain forfeitable contracts purchased by exempt organizations), may be excluded under subsection (a). “(6) Test of bona fide residence.—A statement by an individual who has earned income from sources within a foreign country to the authorities of that country that he is not a resident of that country, if he is held not subject as a resident of that country to the income tax of that country by its authorities with respect to such earnings, shall be conclusive evidence with respect to such earnings that he is not a bona fide resident of that country for purposes of subsection (a)(1). “(7) Certain noncash remuneration.— If an individual who qualifies under subsection (a)(1) receives compensation from sources without the United States (except from the United States or any agency thereof) in the form of the right to use property or facilities, the limitation under paragraph (1) applicable with respect to such individual— “(A) for a taxable year ending in 1963, shall be increased by an amount equal to the amount of such compensation so received during such taxable year; “(B) for a taxable year ending in 1964, shall be increased by an amount equal to two-thirds of such compensation so received during such taxable year; and “(C) for a taxable year ending in 1965, shall be increased by an amount equal to one-third of such compensation so received during such taxable year. “(d) Cross References.— “For administrative and penal provisions relating to the exclusion provided for in this section, see sections 6001, 6011, 6012(c), and the other provisions of subtitle F.”
(b) Computation of Employees’ Contributions.— Section 72(f)

26 USC 72; Post, p. 1006.

 (relating to special rules for computing employees’ contributions) is amended by adding after paragraph (2) the following new sentences: “Paragraph (2) shall not apply to amounts which were contributed by the employer after December 31, 1962, and which would not have been includible in the gross income of the employee by reason of the application of section 911 if such amounts had been paid directly to

Ante, p. 1003.

 the employee at the time of contribution. The preceding sentence shall not apply to amounts which were contributed by the employer, as determined under regulations prescribed by the Secretary or his delegate, to provide pension or annuity credits, to the extent such credits are attributable to services performed before January 1, 1963, and are provided pursuant to pension or annuity plan provisions in existence on March 12, 1962, and on that date applicable to such services.” (c) Effective Dates.— (1) Amendment to section 911.— The amendment made by subsection (a) shall apply to taxable years ending after September 4, 1962, but only with respect to amounts— 76 Stat. 1006 (A) received after March 12, 1962, which are attributable to services performed after December 31, 1962, or (B) received after December 31, 1962, which are attributable to services performed on or before December 31, 1962, unless on March 12, 1962, there existed a right (whether forfeitable or nonforfeitable) to receive such amounts. (2)

Ante, p. 1005.

 Amendment to section 72(f).— The amendment made by subsection (b) shall apply to taxable years ending after December 31, 1962.
SEC. 12 CONTROLLED FOREIGN CORPORATIONS. (a)

26 USC 901 et seq.

 In General.—Part III of subchapter N of chapter 1 (relating to income from sources without the United States) is amended by adding at the end thereof the following new subparts: “Subpart F— Controlled Foreign Corporations “Sec. 951. “Sec. 952. “Sec. 953. “Sec. 954. “Sec. 955. “Sec. 956. “Sec. 957. “Sec. 958. “Sec. 959. “Sec. 960. “Sec. 961. “Sec. 962. “Sec. 963. “Sec. 964.
“SEC. 951. AMOUNTS INCLUDED IN GROSS INCOME OF UNITED STATES SHAREHOLDERS. “(a) Amounts Included.— “(1) In general.— If a foreign-corporation is a controlled foreign corporation for an uninterrupted period of 30 days or more during any taxable year beginning after December 31, 1962, every person who is a United States shareholder (as defined in subsection (b)) of such corporation and who owns (within the

Poet, p. 1018.

 meaning of section 958(a)) stock in. such corporation on the last day, in such year, on which such corporation is a controlled foreign corporation shall include in his gross income, for his taxable year in which or with which such taxable year of the corporation ends— “(A) the sum of— “(i)

Poet, p. 1023.

 except as provided in section 963, his pro rata share (determined under paragraph (2)) of the corporation’s subpart F income for such year, and “(ii) his pro rata share (determined under section 955(a)(3)) of the corporation’s previously excluded subpart F income withdrawn from investment in less developed countries for such year; and “(B) his pro rata share (determined under section 956(a)(2))

Poet, p. 1016.

 of the corporation’s increase in earnings invested in United States property for such year (but only to the extent

Poet, p. 1019.

 not excluded from gross income under section 959(a)(2)). “(2) Pro rata share of subpart f income.— The pro rata share referred to in paragraph (1)(A)(i) in the case of any United States shareholder is the amount— 76 Stat. 1007 “(A) which would have been distributed with respect to the stock which such shareholder owns (within the meaning of section 958(a)) in such corporation if on the last day, in

Pout, p. 1018.

 its taxable year, on which the corporation is a controlled foreign corporation it had distributed pro rata to its shareholders an amount (i) which bears the same ratio to its subpart F income for the taxable year, as (ii) the part of such year during which the corporation is a controlled foreign corporation bears to the entire year, reduced by “(B) the amount oi distributions received by any other person during such year as a dividend with respect to such stock, but only to the extent of the dividend which would have been received if the distribution by the corporation had been the amount (i) which bears the same ratio to the subpart F income of such corporation for the taxable year, as (ii) the part of such year during which such shareholder aid not own (within the meaning of section 958(a)) such stock bears to the entire year. “(3) Limitation on pro rata share of previously excluded subpart f income withdrawn from investment.—For purposes of paragraph (1)(A)(ii), the pro rata share of any United States shareholder of the previously excluded subpart F income of a controlled foreign corporation withdrawn from investment in less developed countries shall not exceed an amount (A) which bears the same ratio to his pro rata share of such income withdrawn (as determined under section 955(a)(3)) for the taxable

Pout, p. 1013.

 year, as (B) the part of such year during which the corporation is a controlled foreign corporation bears to the entire year. “(4) Limitation on pro rata share of investment in united states property.— For purposes of paragraph (1)(B), the pro rata share of any United States shareholder in the increase of the earnings of a controlled foreign corporation invested in United States property shall not exceed an amount (A) which bears the same ratio to his pro rata share of such increase (as determined under section 956(a)(2)) for the taxable year, as (B) the part of such year during which the corporation is a controlled foreign corporation bears to the entire year. “(b) United States Shareholder Defined.—For purposes of this subpart, the term ‘United States shareholder’ means, with respect to any foreign corporation, a United States person (as defined in section 957(d)) who owns (within the meaning of section 958(a)), or is considered as owning by applying the rules of ownership of section 958(b), 10 percent or more of the total combined voting power of all classes of stock entitled to vote of such foreign corporation. “(c) Coordination With Election of a Foreign Investment Company To Distribute Income.—A United States shareholder who, for his taxable year, is a qualified shareholder (within the meaning of section 1247(c)) of a foreign investment company with respect to

Post, p. 1039.

 which an election under section 1247 is in effect shall not be required to include in gross income, for such taxable year, any amount under subsection (a) with respect to such company. “(d) Coordination With Foreign Personal Holding Company Provisions.—A United States shareholder who, for his taxable year, is subject to tax under section 551(b) (relating to foreign personal

26 USC 551.

 holding company income included in gross income of United States shareholders) on income of a controlled foreign corporation shall not be required to include in gross income, for such taxable year, any amount under subsection (a) with respect to such company.
76 Stat. 1008
“SEC. 952. SUBPART F INCOME DEFINED. “(a) In General.— For purposes of this subpart, the term ‘subpart F income’ means, in the case of any controlled foreign corporation, the sum of— “(1) the income derived from the insurance of United States

Infra.

 risks (as determined under section 953), and “(2) the foreign base company income (as determined under section 954). “(b) Exclusion of United States Income.—Subpart F income does not include any item includible in gross income under this chapter (other than this subpart) as income derived from sources within the United States of a foreign corporation engaged in trade or business in the United States. “(c) Limitation.—For purposes of subsection (a), the subpart F income of any controlled foreign corporation for any taxable year shall not exceed the earnings and profits of such corporation for such year reduced by the amount (if any) by which— “(1) an amount equal to— “(A) the sum of the deficits in earnings and profits for prior taxable years beginning after December 31, 1962, plus “(B) the sum of the deficits in earnings and profits for taxable years beginning after December 31, 1959, and before January 1, 1963 (reduced by the sum of the earnings and profits for such taxable years); exceeds “(2) an amount equal to the sum of the earnings and profits for prior taxable years beginning after December 31, 1962, allocated

Post, p. 1020.

 to other earnings and profits under section 959(c)(3). For purposes of the preceding sentence, any deficit in earnings and profits for any prior taxable year shall be taken into account under paragraph (1) for any taxable year only to the extent it has not been taken into account, under such paragraph for any preceding taxable year to reduce earnings and profits of such preceding year. “(d) Special Rule in Case of Indirect Ownership.— For purposes of subsection (c), if— “(1) a United States shareholder owns (within the meaning of section 958(a)) stock of a foreign corporation, and by reason of such ownership owns (within the meaning of such section) stock of any other foreign corporation, and “(2) any of such foreign corporations has a deficit in earnings and profits for the taxable year, then the earnings and profits for the taxable year of each such foreign corporation which is a controlled foreign corporation shall, with respect to such United States shareholder, be properly reduced to take into account any deficit described in paragraph (2) in such manner as the Secretary or his delegate shall prescribe by regulations.
“SEC. 953. INCOME FROM INSURANCE OF UNITED STATES RISKS. “(a) General Rule.—For purposes of section 952(a)(1), the term ‘income derived from the insurance of United States risks’ means that income which— “(1) is attributable to the reinsurance or the issuing of any insurance or annuity contract— “(A) in connection with property in, or liability arising out of activity in, or in connection with the lives or health of residents of, the United States, or “(B) in connection with risks not included in subparagraph (A) as the result of any arrangement whereby another corporation receives a substantially equal amount of premiums or other consideration in respect to any reinsurance or the issuing of any insurance or annuity contract in connection76 Stat. 1009 with property in, or liability arising out of activity in, or in connection with the lives or health of residents of, the United States, and “(2) would (subject to the modifications provided by paragraphs (1), (2), and (3) of subsection (b)) be taxed under subchapter L of this chapter if such income were the income of a domestic insurance corporation. This section shall apply only in the case of a controlled foreign corporation which receives, during any taxable year, premiums or other consideration in respect of the reinsurance, and the issuing, of insurance and annuity contracts described in paragraph (1) in excess of 5 percent of the total of premiums and other consideration received during such taxable year in respect of all reinsurance and issuing of insurance and annuity contracts. “(b) Special Rules.— For purposes of subsection (a)— “(1) In the application of part I of subchapter L, life insurance company taxable income is the gain from operations as defined in section 809(b).

26 USC 809.

 “(2) A corporation which would, if it were a domestic insurance corporation, be taxable under part II of subchapter L

26 USC 821–826; Ante, pp. 114, 989–999.

 shall apply subsection (a) as if it were taxable under part III of subchapter L. “(3) The following provisions of subchapter L shall not apply: “(A) Section 809(d)(4) (operations loss deduction). “(B) Section 809(a)(5) (certain nonparticipating contracts). “(C) Section 809(d)(6) (group life, accident, and health insurance). “(D) Section 809(d)(10) (small business deduction). “(E) Section 817(b) (gain on property held on December 31, 1958, and certain substituted property acquired after 1958). “(F) Section 832(b)(5) (certain capital losses). “(4) The items referred to in— “(A) section 809(c)(1) (relating to gross amount of premiums and other considerations), “(B) section 809(c)(2) (relating to net decrease in reserves), “(C) section 809(d)(2) (relating to net increase in reserves), and “(D) section 832(b)(4) (relating to premiums earned on insurance contracts), shall be taken into account only to the extent they are in respect of any reinsurance or the issuing of any insurance or annuity contract described in subsection (a)(1). “(5) All items of income, expenses, losses, and deductions (other than those taken into account under paragraph (4)) shall be properly allocated or apportioned under regulations prescribed by the Secretary or his delegate.
“SEC. 954. FOREIGN BASE COMPANY INCOME. “(a) Foreign Base Company Income.— For purposes of section 952(a)(2), the term ‘foreign base company income’ means for any taxable year the sum of— “(1) the foreign personal holding company income for the taxable year (determined under subsection (c) and reduced as provided in subsection (b)(5)), “(2) the foreign base company sales income for the taxable year (determined under subsection (d) and reduced as provided in subsection (b)(5)), and 76 Stat. 1010 “(3) the foreign base company services income for the taxable year (determined under subsection (e) and reduced as provided in subsection (b)(5)). “(b) Exclusions and Special Rules.— “(1) Exclusion op certain dividends, interest, and gains from qualified investments in less developed countries.— For purposes of subsection (a), foreign base company income does not include— “(A) dividends and interest received during the taxable year from investments which at the time of receipt are qualified investments in less developed countries (as defined in

Post, p. 1013.

 section 955(b)), or “(B) if the gains from the sale or exchange during the taxable year of investments which at the time of sale or exchange are qualified investments in less developed countries exceed the losses from the sale or exchange during the taxable year of such qualified investments, the amount by which such gains exceed such losses. The preceding sentence shall apply only to the extent that the sum of the dividends and interest described in subparagraph (A) and the amount described in subparagraph (B) does not exceed the increase for the taxable year in qualified investments in less developed countries of the controlled foreign corporation (as determined under subsection (f)). “(2) Exclusion of certain shipping income.—For purposes of subsection (a), foreign base company income does not include income derived from, or in connection with, the use (or hiring or leasing for use) of any aircraft or vessel in foreign commerce, or the performance of services directly related to the use of any such aircraft or vessel. “(3) Special rule where foreign base company income is less than 30 percent or more than 70 percent of gross income.— For purposes of subsection (a)— “(A) If the foreign base company income (determined without regard to paragraphs (1) and (5)) is less than 30 percent of gross income, no part of the gross income of the taxable year shall be treated as foreign base company income. “(B) If the foreign base company income (determined without regard to paragraphs (1) anti (5)) exceeds 70 percent of gross income, the entire gross income of the taxable year shall, subject to the provisions of paragraphs (1), (2), (4), and (5), be treated as foreign base company income. “(4) Exception for foreign corporations not availed of to reduce taxes.—For purposes of subsection (a), foreign base company income does not include any item of income received by a controlled foreign corporation if it is established to the satisfaction of the Secretary or his delegate with respect to such item that the creation or organization of the controlled foreign corporation receiving such item under the laws of the foreign country in which it is incorporated does not have the effect of substantial reduction of income, war profits, or excess profits taxes or similar taxes. “(5) Deductions to be taken into account.—For purposes of subsection (a), the foreign personal holding company income, the foreign base company sales income, and the foreign base company services income shall be reduced, under regulations prescribed by the Secretary or his delegate, so as to take into account deductions (including taxes) properly allocable to such income. 76 Stat. 1011 “(c) Foreign Personal Holding Company Income.— “(1) In general.—For purposes of subsection (a)(1), the term ‘foreign personal holding company income’ means the foreign personal holding company income (as defined in section 553),

26 USC 553.

 modified and adjusted as provided in paragraphs (2), (3), and (4)— (2) Rents included without regard to so percent limitation.—For purposes of paragraph (1), all rents shall be included in foreign personal holding company income without regard to whether or not such rents constitute 50 percent or more of gross income. “(3) Certain income derived in active conduct of trade or business.— For purposes of paragraph (1), foreign personal holding company income does not include— “(A) rents and royalties which are derived in the active conduct of a trade or business and which are received from a person other than a related person (within the meaning of subsection (d)(3)), or “(B) dividends, interest, and gains from the sale or exchange of stock or securities derived in the conduct of a banking, financing, or similar business, or derived from the investments made by an insurance company of its unearned premiums or reserves ordinary and necessary for the proper conduct of its insurance business, and which are received from a person other than a related person (within the meaning of subsection (d)(3)). “(4) Certain income received from related persons.— For purposes of paragraph (1), foreign personal holding company income does not include— “(A) dividends and interest received from a related person which (i) is created or organized under the laws of the same foreign country under the laws of which the controlled foreign corporation is created or organized, and (ii) has a substantial part of its assets used in its trade or business located in such same foreign country; “(B) interest received in the conduct of a banking, financing, or similar business from a related person engaged in the conduct of a banking, financing, or similar business if the businesses of the recipient and the payor are predominantly with persons other than related persons; and “(C) rents, royalties, and similar amounts received from a related person for the use of, or the privilege of using, property within the country under the laws of which the controlled foreign corporation is created or organized. “(d) Foreign Base Company Sales Income.— “(1) In general.— For purposes of subsection (a)(2), the term ‘foreign base company sales income’ means income (whether in the form of profits, commissions, fees, or otherwise) derived in connection with the purchase of personal property from a related person and its sale to any person, the sale of personal property to any person on behalf of a related person, the purchase or personal property from any person and its sale to a related person, or the purchase of personal property from any person on behalf of a related person where— “(A) the property which is purchased (or in the case of property sold on behalf of a related person, the property which is sold) is manufactured, produced, grown, or extracted outside the country under the laws of which the controlled foreign corporation is created or organized, and 76 Stat. 1012 “(B) the property is sold for use, consumption, or disposition outside such foreign country, or, in the case of property purchased on behalf of a related person, is purchased for use, consumption, or disposition outside such foreign country. “(2) Certain branch income.— For purposes of determining foreign base company sales income in situations in which the carrying on of activities by a controlled foreign corporation through a branch or similar establishment outside the country of incorporation of the controlled foreign corporation has substantially the same effect as if such branch or similar establishment were a wholly owned subsidiary corporation deriving such income, under regulations prescribed by. the Secretary or his delegate the income attributable to the carrying on of such activities of such branch or similar establishment shall be treated as income derived by a wholly owned subsidiary of the controlled foreign corporation and shall constitute foreign base company sales income of the controlled foreign corporation. “(3) Related person defined.— For purposes of this section, a person is a related person with respect to a controlled foreign corporation, if— “(A) such person is an individual, partnership, trust, or estate which controls the controlled foreign corporation; “(B) such person is a corporation which controls, or is controlled by, the controlled foreign corporation; or “(C) such person is a corporation which is controlled by the same person or persons which control the controlled foreign corporation. For purposes of the preceding sentence, control means the ownership, directly or indirectly, of stock possessing more than 50 percent of the total combined voting power of all classes of stock entitled to vote. For purposes of this paragraph, the rules for determining ownership of stock prescribed by section 958 shall apply. “(e) Foreign Base Company Services Income.— For purposes of subsection (a)(3), the term ‘foreign base company services income’ means income (whether in the form of compensation, commissions, fees, or otherwise) derived in connection with the performance of technical, managerial, engineering, architectural, scientific, skilled, industrial, commercial, or like services which— “(1) are performed for or on behalf of any related person (within the meaning of subsection (d)(3)), and “(2) are performed outside the country under the laws of which the controlled foreign corporation is created or organized. The preceding sentence shall not apply to income derived in connection with the performance of services which are directly related to the sale or exchange by the controlled foreign corporation of property manufactured, produced, grown, or extracted by it and which are performed prior to the time of the sale or exchange, or of services directly related to an offer or effort to sell or exchange such property. “(f) Increase in Qualified Investments in Less Developed Countries.— For puposes of subsection (b)(1), the increase for any taxable year in qualified investments in less developed countries of any controlled foreign corporation is the amount by which— “(1) the qualified investments in less developed countries (as

Poet, p. 1013.

 defined in section 955(b)) of the controlled foreign corporation at the close of the taxable year, exceeds 76 Stat. 1013 “(2) the qualified investments in less developed countries (as so defined) of the controlled foreign corporation at the close of the preceding taxable year.
SEC. 955. WITHDRAWAL OF PREVIOUSLY EXCLUDED SUBPART F INCOME FROM QUALIFIED INVESTMENT. “(a) General Rules.— “(1) Amount withdrawn.— For purposes of this subpart, the amount of previously excluded subpart F income of any controlled foreign corporation withdrawn from investment in less developed countries for any taxable year is an amount equal to the decrease in the amount of qualified investments in less developed countries of the controlled foreign corporation for such year, but only to the extent that the amount of such decrease does not exceed an amount equal to— “(A) the sum of the amounts excluded under section 954 (b)(1) from the foreign base company income of such corporation for all prior taxable years, reduced by “(B) the sum of the amounts of previously excluded subpart F income withdrawn from investment in less developed countries of such corporation determined under this subsection for all prior taxable years. “(2) Decrease in qualified investments.— For purposes of paragraph (1), the amount of the decrease in qualified investments in less developed countries of any controlled foreign corporation for any taxable year is the amount by which— “(A) the amount of qualified investments in less developed countries of the controlled foreign corporation at the close of the preceding taxable year, exceeds “(B) the amount of qualified investments in less developed countries of the controlled foreign corporation at the close of the taxable year, to the extent the amount of such decrease does not exceed the sum of the earnings and profits for the taxable year and the earnings and profits accumulated for prior taxable years beginning after December 31, 1962. For purposes of this paragraph, if qualified investments in less developed countries are disposed of by the controlled foreign corporation during the taxable year, the amount of the decrease in qualified investments in less developed countries of such controlled foreign corporation for such year shall be reduced by an amount equal to the amount (if any) by which the losses on such dispositions during such year exceed the gains on such dispositions during such year. “(3) Pro rata share of amount withdrawn.—In the case of any United States shareholder, the pro rata share of the amount of previously excluded subpart F income of any controlled foreign corporation withdrawn from investment in less developed countries for any taxable year is his pro rata share of the amount determined under paragraph (1). “(b) Qualified Investments in Less Developed Countries.— “(1) In general.— For purposes of this subpart, the term ‘qualified investments in less developed countries’ means property which is— “(A) stock of a less developed country corporation held by the controlled foreign corporation, but only if the controlled foreign corporation owns 10 percent or more of the total combined voting power of all classes of stock of such less developed country corporation; “(B) an obligation of a less developed country corporation held by the controlled foreign corporation, which, at the76 Stat. 1014 time of its acquisition by the controlled foreign corporation, has a maturity of one year or more, but only if the controlled foreign corporation owns 10 percent or more of the total combined voting power of all classes of stock of such less developed country corporation; or “(C) an obligation of a less developed country. “(2) Country ceases to be less developed country.— For purposes of this subpart, property which would be a qualified investment in less developed countries, but for the fact that a foreign country has, after the acquisition of such property by the controlled foreign corporation, ceased to be a less developed country, shall be treated as a qualified investment in less developed countries. “(3) Special rule.—For purposes of this subpart, a United States shareholder of a controlled foreign corporation may, under regulations prescribed by the Secretary or his delegate, make the determinations under subsection (a)(2) of this section and under

Ante, p. 1012.

 subsection (f) of section 954 as of the close of the years following the years referred to in such subsections, or as of the close of such longer period of time as such regulations may permit, in lieu of on the last day of such years. Any election under this paragraph made with respect to any taxable year shall apply to such year and to all succeeding taxable years unless the Secretary or his delegate consents to the revocation of such election. “(4) Exception.—For purposes of this subpart, property shall not constitute qualified investments in less developed countries if such property is disposed of within 6 months alter the date of its acquisition. “(5) Amount attributable to property.—The amount taken into account under this subpart with respect to any property described in paragraph (1) or (2) shall be its adjusted basis, reduced by any liability to which such property is subject, “(c) Less Developed Country Corporations.— “(1) In general.— For purposes of this subpart, the term ‘less developed country corporation’means a foreign corporation which during the taxable year is engaged in the active conduct of one or more trades or businesses ana— “(A) 80 percent or more of the gross income of which for the taxable year is derived from sources within less developed countries; and “(B) 80 percent or more value of the assets of which on each day of the taxable year consists of— “(i) property used in such trades or businesses and located in less developed countries, “(ii) money, and deposits with persons carrying on the banking business, “(iii) stock, and obligations which, at the time of their acquisition, have a maturity of one year or more, of any other less developed country corporation, “(iv) an obligation .of a less developed country, “(v) an investment which is required because of restrictions imposed by a less developed country, and “(vi)

Pott, p. 1016.

 property described in section 956(b)(2). For purposes of subparagraph (A), the determination as to whether income is derived from sources within less developed countries shall be made under regulations prescribed by the Secretary or his delegate. “(2) Shipping companies.— For purposes of this subpart, the term ‘less developed country corporation’ also means a foreign corporation— 76 Stat. 1015 “(A) 80 percent or more of the gross income of which for the taxable year consists of— “(i) gross income derived from, or in connection with, the using (or hiring or leasing for use) in foreign commerce or aircraft or vessels registered under the laws of a less developed country, or from, or in connection with, the performance of services directly related to use of such aircraft or vessels, or from the sale or exchange of such aircraft or vessels, and “(ii) dividends and interest received from foreign corporations which are less developed country corporations within the meaning of this paragraph and 10 percent or more of the total combined voting power of all classes of stock of which are owned by the foreign corporation, and gain from the sale or exchange of stock or obligations of foreign corporations which are such less developed country corporations, and “(B) 80 percent or more of the assets of which on each day of the taxable year consists of (i) assets used, or held for use, for or in connection with the production of income described in subparagraph (A), and (ii) property described in section $)56 (b)(2).

Post, p. 1016.

 “(3) Less developed country defined.—

For purposes of this subpart, the term ‘less developed country’ means (in respect of any foreign corporation) any foreign country (other than an area within the Sino Soviet bloc) or any possession of the United States with respect to which, on the first day of the taxable year, there is in effect an Executive order by the President of the United States designating such country or possession as an economically less developed country for purposes of this subpart. For purposes of the preceding sentence, an overseas territory, department, province, or possession may be treated as a separate country. No designation shall be made under this paragraph with respect to—

Australia

Austria

Belgium

Canada

Denmark

France

Germany (Federal Republic)

Hong Kong

Italy

Japan

Liechtenstein

Luxembourg

Monaco

Netherlands

New Zealand

Norway

Union of South Africa

San Marino

Sweden

Switzerland

United Kingdom

After the President has designated any foreign country or any possession of the United States as an economically less developed country for purposes of this subpart, he shall not terminate such designation (either by issuing an Executive order for that purpose or by issuing an Executive order under the first sentence of this paragraph which has the effect of terminating such designation) unless, at least 30 days prior to such termination, he has notified the Senate and the House of Representatives of his intention to terminate such designation.
“SEC. 956. INVESTMENT OF EARNINGS IN UNITED STATES PROPERTY. “(a) General Rules.— For purposes of this subpart.— “(1) Amount of investment.—The amount of earnings of a controlled foreign corporation invested in United States property at the close of any taxable year is the aggregate amount of such property held, directly or indirectly, by the controlled foreign76 Stat. 1016corporation at the close of the taxable year, to the extent such amount would have constituted a dividend (determined after the

Ante, p. 1013.

 application of section 955(a)) if it had been distributed. “(2) Pro rata share of increase for year.— In the case of any United States shareholder, the pro rata share of the increase for any taxable year in the earnings of a controlled foreign corporation invested in United States property is the amount determined by subtracting his pro rata share of— “(A) the amount determined under paragraph (1) for the close of the preceding taxable year, reduced by amounts paid during such preceding taxable year to which section

Pott, p. 1019.

 959(c)(1) applies, from “(B) the amount determined under paragraph (1) for the close of the taxable year. The determinations under subparagraphs (A) and (B) shall be made on the basis of stock owned (within the meaning of section

Pott, p. 1018.

 958(a)) by such United States shareholder on the last day during the taxable year on which the foreign corporation is a controlled foreign corporation. “(3) Amount attributable to property.—The amount taken into account under paragraph (1) or (2) with respect to any property shall be its adjusted basis, reduced by any liability to which the property is subject. (b) United States Property Defined.— “(1) In general.— For purposes of subsection (a), the term ‘United States property’ means any property acquired after December 31, 1962, which is— “(A) tangible property located in the United States; “(B) stock of a domestic corporation; “(C) an obligation of a United States person; or “(D) any right to the use in the United States of— “(i) a patent or copyright, “(ii) an invention, model, or design (whether or not patented), “(iii) a secret formula or process, or “(iv) any other similar property right, which is acquired or developed oy the controlled foreign corporation for use in the United States. “(2) Exceptions.— For purposes of subsection (a), the term ‘United States property’ does not include— “(A) obligations of the United States, money, or deposits with persons carrying on the banking business; “(B) property located in the United States which is purchased in the United States for export to, or use in, foreign countries; “(C) any obligation of a United States person arising in connection with the sale or processing of property if the amount of such obligation outstanding at no time during the taxable year exceeds the amount which would be ordinary and necessary to carry on the trade or business of both the other party to the sale or processing transaction and the United States person had the sale or processing transaction been made between unrelated persons; “(D) any aircraft, railroad rolling stock, vessel, motor vehicle, or container used in the transportation of persons or property in foreign commerce and used predominantly outside the United States; “(E) an amount of assets of an insurance company equivalent to the unearned premiums or reserves ordinary and necessary for the proper conduct of its insurance business76 Stat. 1017 attributable to contracts which are not contracts described in section 953(a)(1); and

Ante, p. 1008.

 “(F) an amount of assets of the controlled foreign corporation equal to the earnings and profits accumulated after December 31, 1962, and excluded from subpart F income under section 952(b).

Ante, p. 1008.

 “(c) Pledges and Guarantees.—For purposes of subsection (a), a controlled foreign corporation shall, under regulations prescribed by the Secretary or his delegate, be considered as holding an obligation of a United States person if such controlled foreign corporation is a pledgor or guarantor of such obligation.
“SEC. 957. CONTROLLED FOREIGN CORPORATIONS; UNITED STATES PERSONS. “(a) General Rule.— For purposes of this subpart, the term ‘controlled foreign corporation’ means any foreign corporation of which more than 50 percent of the total combined voting power of all classes of stock entitled to vote is owned (within the meaning of section 958(a)), or is considered as owned by applying the rules of ownership

Poet, p. 1018.

 of section 958(b). by United States shareholders on any day during the taxable year of such foreign corporation. “(b) Special Rule for Insurance.—For purposes only of taking into account income described in section 953(a) (relating to income derived from insurance of United States risks), the term ‘controlled foreign corporation’ includes not only a foreign corporation as defined by subsection (a) but also one of which more than 25 percent of the total combined voting power of all classes of stock is owned (within the meaning of section 958(a)), or is considered as owned by applying the rules of ownership of section 958(b), by United States shareholders on any day during the taxable year of such corporation, if the gross amount of premiums or other consideration in respect of the reinsurance or the issuing of insurance or annuity contracts described in section 953(a)(1) exceeds 75 percent of the gross amount of all premiums or other consideration in respect of all risks. “(c) Corporations Organized in United States Possessions.— For purposes of this subpart, the term ‘controlled foreign corporation’ does not include any corporation created or organized in the Commonwealth of Puerto Rico or a possession of the United States or under the laws of the Commonwealth of Puerto Rico or a possession of the United States if— “(1) 80 percent or more of the gross income of such corporation for the 3-year period immediately preceding the close of the taxable year (or for such part of such period immediately preceding the close of such taxable year as may be applicable) was derived from sources within the Commonwealth of Puerto Rico or a possession of the United States; and “(2) 50 percent or more of the gross income of such corporation for such period, or for such part thereof, was derived from the active conduct within the Commonwealth of Puerto Rico or a possession of the United States of any trades or businesses constituting the manufacture or processing of goods, wares, merchandise, or other tangible personal property; the processing of agricultural or horticultural products or commodities (including but not limited to livestock, poultry, or furbearing animals); the catching or taking of any kind of fish or the mining or extraction of natural resources, or any manufacturing or processing of any products or commodities obtained from such activities; or the ownership or operation of hotels. For purposes of paragraphs (1) and (2), the determination as to whether income was derived from sources within the Commonwealth76 Stat. 1018 of Puerto Rico or a possession of the United States and was derived from the active conduct of a described trade or business within the Commonwealth of Puerto Rico or a possession of the United States shall be made under regulations prescribed by the Secretary or his delegate. “(d) United States Person.— For purposes of this subpart, the term ‘United States person’ has the meaning assigned to it by section

Ante, p. 988.

 7701(a)(30) except that— “(1) with respect to a corporation organized under the laws of the Commonwealth of Puerto Rico, such term does not include an individual who is a bona tide resident of Puerto Rico, if a dividend received by such individual during the taxable year from

26 USC 933.

 such corporation would, for purposes of section 933(1), or treated as income derived from sources within Puerto Rico, “(2) with respect to a corporation organized under the laws of the Virgin Islands, such term does not include an individual who is a lama tide resident of the Virgin Islands and whose income tax obligation under this subtitle for the taxable year is satisfied pursuant to section 28(a) of the Revised Organic Act

68 Stat. 508.

 of the Virgin Islands, approved July 22, 1954 (48 U.S.C. 1642), by paying tax on income derived from all sources both within and outside the Virgin Islands into the treasury of the Virgin Islands, and “(3) with respect to a corporation organized under the laws of any other possession of the United States, such term does not include an individual who is a bona fide resident of any such other possession and whose income derived from sources within possessions of the United States is not, by reason of section 931 (a), includible in gross income under this subtitle for the taxable year.
“SEC. 958. RULES FOR DETERMINING STOCK OWNERSHIP. “(a) Direct and Indirect Ownership.— “(1) General rule.— For puriioses of this subpart (other than

Ante, p. 1013.

Post, p. 1020.

 sections 955(b)(1)(A) and (B), 955(c)(2)(A)(ii), and 960 (a)(1)), stock owned means— “(A) stock owned directly, and “(B) stock owned with the application of paragraph (2). “(2) Stock ownership through foreign entities.— For purposes of subparagraph (B) of paragraph (1), stock owned, directly or indirectly, by or for a foreign corporation, foreign partnership, or foreign trust or foreign estate (within the meaning

Ante, p. 988.

 of section 7701(a)(31)) shall be considered as being owned proportionately by its shareholders, partners, or beneficiaries. Stock considered to be owned by a person by reason of the application of the preceding sentence shall, for purposes of applying such sentence, treated as actually owned by such person. “(3) Special rule for mutual insurance companies.— For purposes of applying paragraph (1) in the case of a foreign mutual insurance company, the term ‘stock’ shall include any certificate entitling the holder to voting power in the corporation. “(b) Constructive Ownership.— For purposes of sections 951(b),

26 USC 318.

 954(d)(3), and 957, section 318(a) (relating to constructive ownership of stock) shall apply to the extent that the effect is to treat any United States person as a United States shareholder within the meaning of section 951(b), to treat a person as a related person within the meaning of section 954(d)(3), or to treat a foreign corporation as a controlled foreign corporation under section 957, except that— “(1) In applying paragraph (1)(A) of section 318(a), stock owned by a nonresident alien individual (other than a foreign trust or foreign estate) shall not be considered as owned by a citizen or by a resident alien individual. 76 Stat. 1019 “(2) In applying the first sentence of subparagraphs (A) and (B), and in applying clause (i) of subparagraph (C), or section 318(a)(2), if a partnership, estate, trust, or corporation owns,

26 USC 318.

 directly or indirectly, more than 50 percent of the total combined voting power of all classes of stock entitled to vote of a corporation, it shall be considered as owning all the stock entitled to vote. “(3) Stock owned by a partnership, estate, trust, or corporation, by reason of the application of the second sentence of subparagraphs (A) and (B), and the application of clause (ii) of subparagraph (C), of section 318(a)(2), shall not be considered as owned by such partnership, estate, trust, or corporation, for purposes of applying the first sentence of subparagraphs (A) and (B), and in applying clause (i) of subparagraph (C), of section 318(a)(2). “(4) In applying clause (i) of subparagraph (C) of section 318(a)(2), the phrase ‘10 percent’ shall be substituted for the phrase ‘50percent’ used in subparagraph (C). “(5) The second sentence of subparagraphs (A) and (B),and clause (ii) of subparagraph (C), of section 318(a)(2) shall not be applied so as to consider a United States person as owning stock which is owned by a person who is not a United States person.
“SEC. 959. EXCLUSION FROM GROSS INCOME OF PREVIOUSLY TAXED EARNINGS AND PROFITS. “(a) Exclusion From Gross Income of United States Persons.— For purposes of this chapter, the earnings and profits for a taxable year of a foreign corporation attributable to amounts which are, or have been, included in the gross income of a United States shareholder under section 951(a) shall not, when— “(1) such amounts are distributed to, or “(2) such amounts would, but for this subsection, be included under section 951(a)(1)(B) in the gross income of,

Ante, p. 1006.

 such shareholder (or any other United States person who acquires from any person any portion of the interest or such United States shareholder in such foreign corporation, but only to the extent of such portion, and subject to such proof of the identity of such interest as the Secretary or his delegate may by regulations prescribe) directly, or indirectly through a chain of ownership described under section 958(a), be again included in the gross income of such United States shareholder (or of such other United States person). “(b) Exclusion From Gross Income of Certain Foreign Subsidiaries.— For purposes of section 951(a), the earnings and profits for a taxable year of a controlled foreign corporation attributable to amounts which are, or have been, included in the gross income of a United States shareholder under section 951(a), shall not, when distributed through a chain of ownership described under section 958(a), be also included in the gross income of another controlled foreign corporation in such chain for purposes of the application of section 951(a) to such other controlled foreign corporation with respect to such United States shareholder (or to any other United States shareholder who acquires from any person any portion of the interest of such United States shareholder in the controlled foreign corporation, but only to the extent of such port ion, and subject to such proof of identity of such interest as the Secretary or his delegate may prescribe by regulations). “(c) Allocation of Distributions.— For purposes of subsections (a) and (b), section 316(a) shall be applied by applying paragraph

26 USC 316.

 (2) thereof, and then paragraph (1) thereof— “(1) first to earnings and profits attributable to amounts included in gross income under section 951(a)(1)(B) (or which76 Stat. 1020 would have been included except for subsection (a)(2) of this section), “(2) then to earnings and profits attributable to amounts

Ante, p. 1006.

 included in gross income under section 951(a)(1)(A) (but reduced by amounts not included under section 951(a)(1)(B) because of the exclusion in subsection (a)(2) of this section), and “(3) then to other earnings and profits. “(d) Distributions Excluded From Gross Income Not To Be Treated as Dividends.—

Infra.

 Except as provided in section 960(a)(3), any distribution excluded from gross income under subsection (a) shall be treated, for purposes of this chapter, as a distribution which is not a dividend.
“SEC. 960. SPECIAL RULES FOR FOREIGN TAX CREDIT. “(a) Taxes Paid by a Foreign Corporation.— “(1) General rule.— For purposes of subpart A of this part, if there is included, under section 951(a), in the gross income of a domestic corporation any amount attributable to earnings and profits— “(A) of a foreign corporation at least 10 percent of the voting stock of which is owned by such domestic corporation, or “(B)

of a foreign corporation at least 50 percent of the voting stock of which is owned by a foreign corporation at least 10 percent of the voting stock of which is in turn owned by such domestic corporation,

then, under regulations prescribed by the Secretary or his delegate, such domestic corporation shall be deemed to have paid the same proportion of the total income, war profits, and excess profits taxes paid (or deemed paid) by such foreign corporation to a foreign country or possession of the United States for the taxable year on or with respect to the earnings and profits of such foreign corporation which the amount of earnings and profits of such foreign corporation so included in gross income of the domestic corporation bears to—

 “(C) if the foreign corporation at least 10 percent of the voting stock of which is owned by such domestic corporation referred to in subparagraph (A) or (B) is not a less developed

Ante, p. 1000.

 country corporation (as defined in section 902(d)) for such taxable year, the entire amount of the earnings and profits of such foreign corporation for such taxable year, or “(D) if the foreign corporation at least 10 percent of the voting stock of which is owned by such domestic corporation referred to in subparagraph (A) or (B) is a less developed country corporation (as defined in section 902(d)) for such taxable year, the sum of the entire amount of the earnings and profits of such foreign corporation for such taxable year and the total income, war profits, and excess profits taxes paid by such foreign corporation to foreign countries or possessions of the United States for such taxable year. “(2) Taxes previously deemed paid by domestic corporation.—If a domestic corporation receives a distribution from a foreign corporation, any portion of which is excluded from gross

Ante, p. 1019.

 income under section 959, the income, war profits, and excess profits taxes paid or deemed paid by such foreign corporation to any foreign country or to any possession of the United States in connection with the earnings and profits of such foreign corporation from which such distribution is made shall not be taken into account for purposes of section 902, to the extent such taxes76 Stat. 1021 were deemed paid by a domestic corporation under paragraph (1) for any prior taxable year. “(3) Taxes paid by foreign corporation and not previously deemed paid by domestic corporation.—Any portion of a distribution from a foreign corporation received by a domestic corporation which is excluded from gross income under section 959 (a) shall be treated by the domestic corporation as a dividend,

Ante, p. 1019.

Ante, p. 999.

 solely for purposes of taking into account under section 902 any income, war profits, or excess profits taxes paid to any foreign country or to any possession of the United States, on or with respect to the accumulated profits of such foreign corporation from which such distribution is made, which were not deemed paid by the domestic corporation under paragraph (1) for any prior taxable year. “(b) Special Rules for Foreign Tax Credit in Year of Receipt of Previously Taxed Earnings and Profits.— “(1) Increase in section 904 limitation.— In the case of any taxpayer who— “(A) either (i) chose to have the benefits of subpart A of this part for a taxable year in which he was required under section 951(a) to include in his gross income an amount

Ante, p. 1006.

 in respect of a controlled foreign corporation, or (ii) did not pay or accrue for such taxable year any income, war profits, or excess profits taxes to any foreign country or to any possession of the United States, and “(B) chooses to have the benefits of subpart A of this part for the taxable year in which he receives a distribution or amount which is excluded from gross income under section 959(a) and which is attributable to earnings and profits of the controlled foreign corporation which was included in his gross income for the taxable year referred to in subparagraph (A), and “(C) for the taxable year in which such distribution or amount is received, pays, or is deemed to have paid, or accrues income, war profits, or excess profits taxes to a foreign country or to any possession of the United States with respect to such distribution or amount, the applicable limitation under section 904 for the taxable year

26 USC 904.

 in which such distribution or amount is received shall be increased as provided in paragraph (2), but such increase shall not exceed the amount of such taxes paid, or deemed paid, or accrued with respect to such distribution or amount. “(2) Amount of increase.— The amount of increase of the applicable limitation under section 904(a) for the taxable year

74 Stat. 1010.

26 USC 904.

 in which the distribution or amount referred to in paragraph (1)(B) is received shall be an amount equal to— “(A) the amount by which the applicable limitation under section 904(a) for the taxable year referred to in paragraph (1)(A) was increased by reason of the inclusion in gross income under section 951(a) of the amount in respect or the controlled foreign corporation, reduced by “(B) the amount of any income, war profits, and excess profits taxes paid, or deemed paid, or accrued to any foreign country or possession of the United States which were allowable as a credit under section 901 for the taxable year referred26 USC 901; Ante, p. 99. Post, p. 1031. to in paragraph (1)(A) and which would not have been allowable but for the inclusion in gross income of the amount described in subparagraph (A). 76 Stat. 1022 “(3) Cases in which taxes not to be allowed as deduction.— In the case of any taxpayer who— “(A) chose to have the benefits of subpart A of this part for a taxable year in which he was required under section 951(a) to include in his gross income an amount in respect of a controlled foreign corporation, and “(B) does not choose to have the benefits of subpart A of this part for the taxable year in which he receives a distribution or amount which is excluded from gross income under section 959(a) and which is attributable to earnings and profits of the controlled foreign corporation which was included in his gross income for the taxable year referred to in subparagraph (A),

26 USC 164.

no deduction shall be allowed under section 164 for the taxable year in which such distribution or amount is received for any income, war profits, or excess profits taxes paid or accrued to any foreign country or to any possession of the United States on or with respect to such distribution or amount. “(4) Insufficient taxable income.—If an increase in the limitation under this subsection exceeds the tax imposed by this chapter for such year, the amount of such excess shall be deemed an overpayment of tax for such year.
“SEC. 961. ADJUSTMENTS TO BASIS OF STOCK IN CONTROLLED FOREIGN CORPORATIONS AND OF OTHER PROPERTY. “(a) Increase in Basis.— Under regulations prescribed by the Secretary or his delegate, the basis of a United States shareholder’s stock in a controlled foreign corporation, and the basis of property of a United States shareholder by reason of which he is considered under

Ante, p. 1018.

 section 958(a)(2) as owning stock of a controlled foreign corporation, shall be increased by the amount required to be included in his

Ante, p. 1006.

 gross income under section 951(a) with respect to such stock or with respect to such property, as the case may be, but only to the extent to which such amount was included in the gross income of such United States shareholder. In the case of a United States shareholder who

Poet, p. 1023.

 has made an election under section 962 for the taxable year, the increase in basis provided by this subsection shall not exceed an amount equal to the amount of tax paid under this chapter with respect to the amounts required to be included in his gross income under section 951(a). “(b) Reduction in Basis.— “(1) In general.—Under regulations prescribed by the Secretary or his delegate, the adjusted basis of stock or other property with respect to which a United States shareholder or a United States person receives an amount which is excluded from gross

Ante, p. 1019.

 income Under section 959(a) shall be reduced by the amount so excluded. In the case of a United States shareholder who has made an election under section 962 for any prior taxable year, the reduction in basis provided by this paragraph shall not exceed an amount equal to the amount received which is excluded from gross income under section 959(a) after the application of section 962(d). “(2) Amount in excess of basis.—To the extent that an amount excluded from gross income under section 959(a) exceeds the adjusted basis of the stock or other property with respect to which it is received, the amount shall be treated as gain from the sale or exchange of property.
76 Stat. 1023
“SEC. 962. ELECTION BY INDIVIDUALS TO BE SUBJECT TO TAX AT CORPORATE RATES. “(a) General Rule.— Under regulations prescribed by the Secretary or his delegate, in the case of a United States shareholder who is an individual and who elects to have the provisions of this section apply for the taxable year— “(1) the tax imposed under this chapter on amounts which are included in his gross income under section 951(a) shall (in lieu

Ante, p. 1006.

 of the tax determined under section 1) be an amount equal to the tax which would be imposed under section 11 if such amounts were received by a domestic corporation, and “(2) for purposes of applying the provisions of section 960

Ante, p. 1020.

 (relating to foreign tax credit) such amounts shall be treated as if they were received by a domestic corporation. “(b) Election.—An election to have the provisions of this section apply for any taxable year shall be made by a United States shareholder at such time and in such manner as the Secretary or his delegate shall prescribe by regulations. An election made for any taxable year may not be revoked except with the consent of the Secretary or his delegate. “(c) Surtax Exemption.—For purposes of applying subsection (a)(1), the surtax exemption provided by section 11(c) shall not

68A Stat. 11.

26 USC 11.

 exceed, in the case of any United States shareholder, an amount which bears the same ratio to $25,000 as the amounts included in his gross income under section 951(a) for the taxable year bears to his pro rata share of the earnings and profits for the taxable year of all controlled foreign corporations with respect to which such United States shareholder includes any amount in gross income under section 951(a). “(d) Special Rule for Actual Distributions.—The earnings and profits of a foreign corporation attributable to amounts which were included in the gross income of a United States shareholder under section 951(a) and with respect to which an election under this section applied shall, when such earnings and profits are distributed, notwithstanding the provisions of section 959(a)(1), be included in gross

Ante, p. 1019.

 income to the extent that such earnings and profits so distributed exceed the amount of tax paid under this chapter on the amounts to which such election applied.
“SEC. 963. RECEIPT OF MINIMUM DISTRIBUTIONS BY DOMESTIC CORPORATIONS. “(a) General Rule.— In the case of a United States shareholder which is a domestic corporation and which consents to all the regulations prescribed by the Secretary or his delegate under this section prior to the last day prescribed by law for filing its return of the tax imposed by this chapter for the taxable year, no amount shall be included in gross income under section 951 (a)(1)(A)(i) for the taxable year with respect to the subpart F income of a controlled foreign corporation, if— “(1) in the case of a controlled foreign corporation described in subsection (c)(1), the United States shareholder receives a minimum distribution of the earnings and profits for the taxable year of such controlled foreign corporation; “(2) in the case of controlled foreign corporations described in subsection (c)(2), the United States shareholder receives a minimum distribution with respect to the consolidated earnings and profits for the taxable year of all such controlled foreign corporations; or “(3) in the case of controlled foreign corporations described in subsection (c)(3), the United States shareholder receives a min-76 Stat. 1024imum distribution of the consolidated earnings and profits for the taxable year of all such controlled foreign corporations. “(b) Minimum Distributions.—For purposes of this section, a minimum distribution with respect to the earnings and profits for the taxable year of any controlled foreign corporation or corporations shall, in the case of any United States shareholder, be its pro rata share of an amount determined in accordance with the following table:
“If the effective foreign tax rate is (percentage)— The required minimum distribution of earnings and profits is (percentage)—
Under 10 90
 10 or over but less than 20 86
 20 or over but less than 28 82
 28 or over but less than 34 75
 34 or over but less than 39 68
 39 or over but less than 42 55
 42 or over but less than 44 40
 44 or over but less than 46 27
 46 or over but less than 47 14
 47 or over  0
“(c) Amounts to Which Section Applies.— “(1) Foreign subsidiaries.—Subsection (a)(1) shall apply to amounts which (but for the provisions of this section) would be included in the gross income of the United States snareholder

Ante, p. 1006.

Ante, p. 1018.

 under section 951(a)(1)(A)(i) by reason of its ownership, within the meaning of section 958(a)(1)(A), of stock of a controlled foreign corporation. “(2) Chain of controlled foreign corporations.— Subsection (a)(2) shall apply to amounts which (but for the provisions of this section) would be included in the gross income of the United States shareholder under section 951(a)(1)(A)(i)— “(A) by reason of its ownership, within the meaning of section 958(a)(1)(A), of stock of a controlled foreign corporation, and “(B) to the extent that the United States shareholder so elects, by reason of its ownership, within the meaning of section 958(a)(2), of stock of any other controlled foreign corporation (on account of its ownership of the stock described in subparagraph (A) or of stock described in this subparagraph), but only if there is taken into account the earnings and profits of each foreign corporation, whether or not a controlled foreign corporation, by reason of which the United States shareholder owns, within the meaning of section 958(a)(2), stock of such controlled foreign corporation. “(3) All controlled foreign corporations.— Except as provided in paragraph (4), subsection (a)(3) shall apply to amounts which (but for the provisions of this section) would be included in the gross income of the United States shareholder under section 951(a)(1)(A)(i)— “(A) by reason of its ownership, within the meaning of section 958(a)(1)(A), of stock of all controlled foreign corporations in which it owns stock within the meaning of such section, and “(B) by reason of its ownership, within the meaning of section 958(a)(2), of stock of all controlled foreign corporations in which it owns stock within the meaning of such section, but only if there is taken into account the earnings and profits of each foreign corporation, whether or not a controlled foreign corporation, by reason of which the United States shareholder owns, within the meaning of section 958(a), stock of any of such controlled foreign corporations. 76 Stat. 1025 “(4) Exceptions and special rules.— “(A) Less developed country corporations.— If the United States shareholder so elects, subsection (a)(3) and paragraph (3) of this subsection shall not apply to amounts which would be included in the gross income of such shareholder under section 951(a)(1)(A)(i) by reason of its ownership,

Ante, p. 1006.

 within the meaning of section 958(a), of stock of controlled foreign corporations which are less developed country corporations (as defined in section 955(c)). This subparagraph shall not apply with respect to a less developed country corporation if, by reason of the ownership of the stock of such corporation, the United States shareholder owns, within the meaning of section 9.58(a)(2), stock of any other controlled foreign corporation which is not a less developed country corporation. Except as provided in the preceding sentence, an election under this subparagraph may be made only with respect to all controlled foreign corporations which are less developed country corporations and with respect to which the domestic corporation making the election is a United States shareholder. “(B) Foreign branches.— In applying subsection (a)(3) and paragraph (3) of this subsection, if a United States shareholder so elects, all branches maintained by such shareholder in foreign countries, the Commonwealth of Puerto Rico, or possessions of the United States shall, under regulations prescribed by the Secretary or his delegate, be treated as wholly owned subsidiary corporations of such shareholder organized under the laws of such foreign countries, the Commmonwealth of Puerto Rico, or possessions of the United States, as the case may be. Each branch so treated shall, for purposes of this section, be considered to have distributed to the United States shareholder all of its earnings and profits for the taxable year. This subparagraph shall not apply to a branch maintained by it United States shareholder in the Commonwealth of Puerto Rico or a possession of the United States unless— “(i) such branch would be a controlled foreign corporation (as defined in section 957) if it were incorporated under the laws of the Commonwealth of Puerto Rico or the possession of the United States, as the case may be, and “(ii) the gross income of the United States shareholder for the taxable year includes income derived from sources within the Commonwealth of Puerto Rico and possessions of the United States. “(C) Blocked foreign income.—If a United States shareholder so elects, the provisions of subsection (a)(3) and of paragraph (3) of this subsection shall not apply with respect to any foreign corporation, if it is established to the satisfaction of the Secretary or his delegate that the earnings and profits of such foreign corporation could not have been distributed to United States shareholders who own (within the meaning of section 958(a)) stock of such foreign corporation because of currency or other restrictions or limitations imposed under the laws of any foreign country. 76 Stat. 1026 “(d) Effective Foreign Tax Rate.— For purposes of this section, the term ‘effective foreign tax rate’ means— “(1) with respect to a single controlled foreign corporation, the percentage which— “(A) the income, war profits, or excess profits taxes paid or accrued to foreign countries or possessions of the United States by the controlled foreign corporation for the taxable year on or with respect to its earnings and profits for the taxable year, is of “(B) the sum of (i) the earnings and profits of the controlled foreign corporation described in subparagraph (A) and (ii) and the taxes described in subparagraph (A); and “(2) with respect to two or more foreign corporations, the percentage which— “(A) the total income, war profits, or excess profits taxes paid or accrued to foreign countries or possessions of the United States by such foreign corporations for the taxable year on or with respect to the consolidated earnings and profits of such foreign corporations for the taxable year, is of “(B) the sum of (i) the consolidated earnings and profits of such foreign corporations described in subparagraph (A) and (ii) the taxes described in subparagraph (A). For purposes of the preceding sentence, in the case of any United States shareholder, the computation of the effective foreign tax rate applicable with respect to any controlled foreign corporation or corporations shall be made without regard to distributions made by such controlled foreign corporation or corporations to such United States shareholder. “(e) Special Rules.— “(1) Year from which distributions are made.— For purposes

Ante, p. 1000.

 of this section, the second sentence of section 902(c)(1) shall apply in determining from the earnings and profits of what year distributions are made by any foreign corporation, except that the Secretary or his delegate may by regulations provide a period in excess of 60 days in lieu of the 60-day period prescribed in such section. “(2) Insufficient distributions.— If— “(A) a United States shareholder, in making its return of the tax imposed by this chapter for any taxable year, applies the provisions of this section with respect to any controlled foreign corporation, . “(B) it is subsequently determined that this section did not apply with respect to such controlled foreign corporation for such taxable year due to the failure of the United States shareholder to receive a minimum distribution with respect to such controlled foreign corporation, and “(C) such failure is due to reasonable cause, then a subsequent distribution made with respect to such controlled foreign corporation may, if made at a time and in a manner prescribed by the Secretary or his delegate by regulations, be treated, for purposes of this chapter, as having been made for, and received in, the taxable year of the United States shareholder for which such shareholder applied the provisions of this section. “(3) Affiliated groups of corporations.—An affiliated group of corporations which makes a consolidated return under section

26 USC 1501.

 1501 for the taxable year, may, if it so elects, be treated as a single United States shareholder for purposes of applying this section for the taxable year. 76 Stat. 1027 “(f) Regulations.—The Secretary or his delegate shall prescribe such regulations as he may deem necessary to carry out the provisions of this section, including regulations for the determination of the amount of foreign tax credit m the case of distributions with respect to the earnings and profits of two or more foreign corporations.
“SEC. 964. MISCELLANEOUS PROVISIONS. “(a) Earnings and Profits.— For purposes of this subpart, the earnings and profits of any foreign corporation, and the deficit in earnings and profits of any foreign corporation, for any taxable year shall be determined according to rules substantially similar to those applicable to domestic corporations, under regulations prescribed by the Secretary or his delegate. “(b) Blocked Foreign Income.—Under regulations prescribed by the Secretary or his delegate, no part of the earnings and profits of a controlled foreign corporation for any taxable year shall be included in earnings and profits for purposes of sections 952, 955, and 956, if it is established to the satisfaction of the Secretary or his delegate that such part could not have been distributed by the controlled foreign corporation to United States shareholders who own (within the meaning of section 958(a)) stock of such controlled foreign corporation because of currency or other restrictions or limitations imposed under the laws of any foreign country. “(c) Records and Accounts of United States Shareholders.— “(1) Records and accounts to be maintained.— The Secretary or his delegate may by regulations require each person who is, or has been, a United States shareholder of a controlled foreign corporation to maintain such records and accounts as may be prescribed by such regulations as necessary to carry out the provisions of this subpart and subpart G. “(2) Two or more persons required to maintain or furnish the same records and accounts with respect to the same foreign corporation.—Where, but for this paragraph, two or more United States persons would be required to maintain or furnish the same records and accounts as may by regulations be required under paragraph (1) with respect to the same controlled foreign corporation for the same period, the Secretary or his delegate may by regulations provide that the maintenance or furnishing of such records and accounts by only one such person shall satisfy the requirements of paragraph (1) for such other persons.
“Subpart G— Export Trade Corporations “Sec. 970. “Sec. 971. “Sec. 972.
“SEC. 970. REDUCTION OF SUBPART F INCOME OF EXPORT TRADE CORPORATIONS. “(a) Export Trade Income Constituting Foreign Base Company Income.— “(1) In general.— In the case of a controlled foreign corporation (as defined in section 957) which for the taxable year is an

Ante, p. 1017.

 export trade corporation, the subpart F income (determined without regard to this subpart) of such corporation for such year shall be reduced by an amount equal to so much of the export trade income (as defined in section 971(b)) of such corporation for such year as constitutes foreign base company income (as defined76 Stat. 1028 in section 954), but only to the extent that such amount does not exceed whichever of the following amounts is the lesser: “(A) an amount equal to 1½ times so much of the export promotion expenses (as defined in section 971(d)) of such corporation for such year as is properly allocable to the export trade income which constitutes foreign base company income of such corporation for such year, or “(B) an amount equal to 10 percent of so much of the gross receipts for such year (or, in the case of gross receipts arising from commissions, fees, or other compensation for its services, so much of the gross amount upon the basis of which such commissions, fees, or other compensation is computed) accruing to such export trade corporation from the sale, installation, operation, maintenance, or use of property in respect of which such corporation derives export trade income as is properly allocable to the export trade income which constitutes foreign base company income of such corporation for such year. The allocations with respect to export trade income which constitutes foreign base company income under subparagraphs (A) and (B) shall be made under regulations prescribed by the Secretary or his delegate. “(2) Overall limitation.— The reduction under paragraph (1) for any taxable year shall not exceed an amount which nears the same ratio to the increase in the investments in export trade assets (as defined in section 971(c)) of such corporation for such year as the export trade income which constitutes foreign base company income of such corporation for such year bears to the entire export trade income of such corporation for such year. “(b) Inclusion of Certain Previously Excluded Amounts.— Each United States shareholder of a controlled foreign corporation which for any prior taxable year was an export trade corporation shall

Ante, p. 1006.

 include in his gross income under section 951(a)(1)(A)(ii), as an amount to which section 955 (relating to withdrawal of previously excluded subpart F income from qualified investment) applies, his pro rata share of the amount of decrease in the investments in export trade assets of such corporation for such year, but only to the extent that his pro rata share of such amount does not exceed an amount equal to— “(1) his pro rata share of the sum of (A) the amounts by which the subpart F income of such corporation was reduced for all prior taxable years under subsection (a), and (B) the amounts not included in subpart F income (determined without regard to this subpart) for all prior taxable years by reason of the application of section 972, reduced by “(2) the sum of the amounts which were included in his gross income under section 951(a)(1)(A)(ii) under the provisions of this subsection for all prior taxable years. “(c) Investments in Export Trade Assets.— “(1) Amount of investments.—For purposes of this section, the amount taken into account with respect to any export trade asset shall be its adjusted basis, reduced by any liability to which the asset is subject. “(2) Increase in investments in export trade assets.— For purposes of subsection (a), the amount of increase in investments m export trade assets of any controlled foreign corporation for any taxable year is the amount by which— “(A) the amount of such investments at the close of the taxable year, exceeds 76 Stat. 1029 “(B) the amount of such investments at the close of the preceding taxable year. “(3) Decrease in investments in export trade assets.— For purposes of subsection (b), the amount of decrease in investments in export trade assets of any controlled foreign corporation for any taxable year is the amount by which— “(A) the amount of such investments at the close of the preceding taxable year (reduced by an amount equal to the amount of net loss sustained during the taxable year with respect to export trade assets), exceeds “(B) the amount of such investments at the close of the taxable year. “(4) Special rule.—A United States shareholder of an export trade corporation may, under regulations prescribed by the Secretary or his delegate, make the determinations under paragraphs (2) and (3) as of the close of the 75th day after the close of the years referred to in such paragraphs in lieu of on the last day of such years. A United States shareholder of an export trade corporation may, under regulations prescribed by the Secretary or his delegate, make the determinations under paragraphs (2) and (3) with respect to export trade assets described in section 971(c)(3) as of the close of the years following the years referred to in such paragraphs, or as of the close of such longer period of time as such regulations may permit, in lieu of on the last day of such years and in lieu of on the day prescribed in the preceding sentence. Any election under this paragraph made with respect to any taxable year shall apply to such year and to all succeeding taxable years unless the Secretary or his delegate consents to the revocation of such election.
“SEC. 971. DEFINITIONS. “(a) Export Trade Corporations.— For purposes of this subpart, the term ‘export trade corporation’ means— “(1) In general.— A controlled foreign corporation (as defined in section 957) which satisfies the following conditions: “(A) 90 percent or more of the gross income of such corporation for the 3-year period immediately preceding the close of the taxable year (or such part of such period subsequent to the effective date of this subpart during which the corporation was in existence) was derived from sources without the United States, and “(B) 75 percent or more of the gross income of such corporation for such period constituted gross income in respect of which such corporation derived export trade income. “(2) Special rule.— If 50 percent or more of the gross income of a controlled foreign corporation in the period specified in subsection (a)(1)(A) is gross income in respect of which such corporation derived export trade income in respect of agricultural products grown in the United States, it may qualify as an export trade corporation although it does not meet the requirements of subsection (a)(1)(B). “(b) Export Trade Income.— For the purposes of this subpart, the term ‘export trade income’ means net income from— “(1) the sale to an unrelated person for use, consumption, or disposition outside the United States of export property (as defined in subsection (e)), or from commissions, fees, compensation, or other income from the performance of commercial, industrial financial, technical, scientific, managerial, engineering, architectural, skilled, or other services in respect of such sales or76 Stat. 1030 in respect of the installation or maintenance of such export property; “(2) commissions, fees, compensation, or other income from commercial, industrial, financial, technical, scientific, managerial, engineering, architectural, skilled, or other services performed in connection with the use by an unrelated person outside the United States of patents, copyrights, secret processes and formulas, goodwill, trademarks, trade brands, franchises, and other like property acquired or developed and owned by the manufacturer, producer, grower, or extractor of export property in respect of which the export trade corporation earns export trade income under paragraph (1); “(3) commissions, fees, rentals, or other compensation or income attributable to the use of export property by an unrelated person or attributable to the use of export property in the rendition of technical, scientific, or engineering services to an unrelated person; and “(4) interest from export trade assets described in subsection (c)(4). For purposes of paragraph (3), if a controlled foreign corporation receives income from an unrelated person attributable to the use of export property in the rendition of services to such unrelated person together with income attributable to the rendition of other services to such unrelated person, including personal services, the amount of such aggregate income which shall be considered to be attributable to the use of the export property shall (if such amount cannot be established by reference to transactions between unrelated persons) be that part of such aggregate income which the cost of the export property consumed in the rendition of such services (including a reasonable allowance for depreciation) bears to the total costs and expenses attributable to such aggregate income. “(c) Export Trade Assets.— For purposes of this subpart, the term ‘export trade assets’ means— “(1) working capital reasonably necessary for the production of export trade income, “(2) inventory of export property held for use, consumption, or disposition outside the United States, “(3) facilities located outside the United States for the storage, handling, transportation, packaging, or servicing of export property. and • “(4) evidences of indebtedness executed by persons, other than related persons, in connection with payment for purchases of export property for use, consumption, or disposition outside the United States, or in connection with the payment for services described in subsections (b)(2) and (3) “(d) Export Promotion Expenses.—For purposes of this subpart, the term ‘export promotion expenses’ means the following expenses paid or incurred in the receipt or production of export trade income— “(1) a reasonable allowance for salaries or other compensation for personal services actually rendered for such purpose, “(2) rentals or other payments for the use of property actually used for such purpose, “(3) a reasonable allowance for the exhaustion, wear and tear, or obsolescence of property actually used for such purpose, and “(4) any other ordinary and necessary expenses of the corporation to the extent reasonably allocable to the receipt or production of export trade income. 76 Stat. 1031 No expense incurred within the United States shall be treated as an export promotion expense within the meaning of the preceding sentence, unless at least 90 percent of each category of expenses described in such sentence is incurred outside the United States. “(e) Export Property.—For purposes of this subpart, the term ‘export property’ means any property or any interest in property manufactured, produced, grown, or extracted in the United States. “(f) Unrelated Person.—For purposes of this subpart, the term ‘unrelated person’ means a person other than a related person as defined in section 954(d)(3).

Ante, p. 1012.
“SEC. 972. CONSOLIDATION OF GROUP OF EXPORT TRADE CORPORATIONS. “For purposes of this subpart and subpart F of this part, a United States shareholder of a controlled foreign corporation which is an export trade corporation may, under regulations prescribed by the Secretary or his delegate, treat as a single controlled foreign corporation— “(1) such controlled foreign corporation, “(2) all controlled foreign corporations which are export trade corporations and 80 percent or more of the total combined voting power of all classes of stock entitled to vote of which is owned y such controlled foreign corporation; and “(3) all controlled foreign corporations which are export trade corporations and 80 percent or more of the total combined voting power of all classes of stock entitled to vote of which is owned by controlled foreign corporations described in paragraph (2).”
(b) Technical and Clerical Amendments.— (1) Section 901 (relating to foreign tax credit) is amended by striking out “section 902” and inserting in lieu thereof “sections 902 and 960”. (2) Section 904(g) (as redesignated by section 10(a) of this

Ante, p. 1002.

 Act) is amended to read as follows: “(g) Cross References.— “(1) For increase of applicable limitation under subsection (a) for taxes paid with respect to amounts received which were included in the gross income of the taxpayer for a prior taxable year as a United States shareholder with respect to a controlled foreign corporation, see section 960(b).

Ante, p. 1020.

 “(2) For special rule relating to the application of the credit provided by section 901 in the case of affiliated groups which include Western Hemisphere trade corporations for years in which the limitation provided by subsection (a)(2) applies, see section 1503(d).”

74 Stat. 1011.

 (3) The table of subparts for part III of subchapter N of chapter 1 is amended by adding at the end thereof the following:

26 USC 901–905.

 “Subpart F. “Subpart G. (4) Section 1016(a) (relating to adjustments to basis) is

Ante, p. 972.

 amended by adding after paragraph (19) (as added by section 2(f) of this Act) the following new paragraph: “(20) to the extent provided in section 961 in the case of stock in controlled foreign corporations (or foreign corporations which were controlled foreign corporations) and of property by reason of which a person is considered as owning such stock.” (c) Effective Date.—The amendments made by this section shall apply with respect to taxable years of foreign corporations beginning after December 31, 1962, and to taxable years of United States shareholders within which or with which such taxable years of such foreign corporations end.
76 Stat. 1032
SEC. 13. GAIN FROM DISPOSITIONS OF CERTAIN DEPRECIABLE PROPERTY. (a) In General.— (1)

26 USC 1231–1244.

 Part IV of subchapter P of chapter 1 (relating to special rules for determining capital gains and losses) is amended by adding at the end thereof the following new section:
“SEC. 1245. GAIN FROM DISPOSITIONS OF CERTAIN DEPRECIABLE PROPERTY. “(a) General Rule.— “(1) Ordinary income.— Except as otherwise provided in this section, if section 1245 property is disposed of during a taxable year beginning after December 31, 1962, the amount by which the lower of— “(A) the recomputed basis of the property, or “(B) (i) in the case of a sale, exchange, or involuntary conversion, the amount realized, or “(ii) in the case of any other disposition, the fair market value of such property, exceeds the adjusted basis of such property shall be treated as gain from the sale or exchange of property which is neither a capital asset nor property described in section 1231. Such gain shall be recognized notwithstanding any other provision of this subtitle. “(2) Recomputed basis.—For purposes of this section, the term ‘recomputed basis’ means, with respect to any property, its adjusted basis recomputed by adding thereto all adjustments, attributable to periods after December 31, 1961, reflected in such adjusted basis on account of deductions (whether in respect of the same or other property) allowed or allowable to the taxpayer or to any other person for depreciation, or for amortization under section 168. For purposes of the preceding sentence, if the taxpayer can establish by adequate records or other sufficient evidence that the amount allowed for depreciation, or for amortization under section 168, for any period was less than the amount allowable, the amount added for such period shall be the amount allowed. “(3) Section 1245 property.— For purposes of this section, the term ‘section 1245 property’ means any property (other than livestock) which is or has been property of a character subject to the allowance for depreciation provided in section 167 and is either— “(A) personal property,or “(B) other property (not including a building or its structural components) but only if such other property is tangible and has an adjusted basis in which there are reflected adjustments described in paragraph (2) for a period in which such property (or other property)— “(i) was used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or “(ii) constituted research or storage facilities used in connection with any of the activities referred to in clause (i). “(b) Exceptions and Limitations.— “(1) Gifts.— Subsection (a) shall not apply to a disposition by gift. 76 Stat. 1033 “(2) Transfers at death.—Except as provided in section 691 (relating to income in respect of a decedent), subsection (a) shall not apply to a transfer at death. “(3) Certain tax-free transactions.—If the basis of property in the hands of a transferee is determined by reference to its basis in the hands of the transferor by reason of the application of section 332, 351, 361, 371(a), 374(a), 721, or 731, then the amount of gain taken into account by the transferor under subsection (a)(1) shall not exceed the amount of gain recognized to the transferor on the transfer of such property (determined without regard to this section). This paragraph shall not apply to a disposition to an organization (other than a cooperative described in section 521) which is exempt from the tax imposed by this chapter. “(4) Like kind exchanges; involuntary conversions, etc.— If property is disposed of and gain (determined without regard to this section) is not recognized in whole or in part under section 1031 or 1033, then the amount of gain taken into account by the transferor under subsection (a)(1) shall not exceed the sum of— “(A) the amount of gain recognized on such disposition (determined without regard to this section), plus “(B) the fair market value of property acquired which is not section 1245 property and which is not taken into account under subparagraph (A). “(5) Section 1071 and 1081 transactions.—Under regulations prescribed by the Secretary or his delegate, rules consistent with paragraphs (3) and (4) of this subsection shall apply in the case of transactions described in section 1071 (relating to gain from sale or exchange to effectuate policies of FCC) or section 1081 (relating to exchanges in obedience to SEC orders). “(6) Property distributed by a partnership to a partner.— “(A) In general.— For purposes of this section, the basis of section 1245 property distributed by a partnership to a partner shall be deemed to be determined by reference to the adjusted basis of such property to the partnership. “(B) Adjustments added back.— In the case of any property described in subparagraph (A), for purposes of computing the recomputed basis of such property the amount of the adjustments added back for periods before the distribution by the partnership shall be— “(i) the amount of the gain to which subsection (a) would have applied if such property had been sold by the partnership immediately before the distribution at its fair market value at such time, reduced by “(ii) the amount of such gain to which section 751(b) applied. “(c) Adjustments to Basis.—The Secretary or his delegate shall prescribe such regulations as he may deem necessary to provide for adjustments to the basis of property to reflect gain recognized under subsection (a). “(d) Application of Section.— This section shall apply notwithstanding any other provision of this subtitle.”
(2) The table of sections for such part IV is amended by adding

26 USC 1231–1244.

 at the end thereof the following: “Sec. 1245. 76 Stat. 1034 (b) Change in Method of Depreciation.—Subsection (e) of section

26 USC 167.

 167 (relating to depreciation) is amended to read as follows: “(e) Change in Method.— “(1) Change from declining balance method.—In the absence of an agreement under subsection (d) containing a provision to the contrary, a taxpayer may at any time elect in accordance with regulations prescribed by the Secretary or his delegate to change from the method of depreciation described in subsection (b)(2) to the method described in subsection (b)(1). “(2) Change with respect to section 1245 property.—A taxpayer may, on or before the last day prescribed by law (including extensions thereof) for filing his return for his first taxable year beginning after December 31, 1962, and in such manner as the Secretary or his delegate shall by regulations prescribe, elect to change his method of depreciation in respect of section 1245

Ante, p. 1032.

 property (as defined in section 1245(a)(3)) from any declining balance or sum of the years-digits method to the straight line method. An election may be made under this paragraph notwithstanding any provision to the contrary in an agreement under subsection (d).” (c) Salvage Value of Personal Property.— (1) Amount taken into account.—Section 167 (relating to depreciation) is amended by redesignating subsections (f), (g), and (h) as (g), (h), and (i), respectively, and by inserting after subsection (e) the following new subsection: “(f) Salvage Value.— “(1) General rule.—Under regulations prescribed by the Secretary or his delegate, a taxpayer may, for purposes of computing the allowance under subsection (a) with respect to personal property, reduce the amount taken into account as salvage value by an amount which does not exceed 10 percent of the oasis of such property (as determined under subsection (g) as of the time as or which such salvage value is required to be determined). “(2) Personal property defined.—For purposes of this subsection, the term ‘personal property’ means depreciable personal property [other than livestock) with a useful life of 3 years or more acquired after the date of the enactment of the Revenue Act of 1962.” (2) Conforming amendments.— (A)

26 USC 179.

 Sections 179(d)(5) and 642(e) are each amended by striking out “167(g)” and inserting in lieu thereof “167(h)”. (B) Section 179(d)(8) is amended by striking out “167 (f)” and inserting in lieu thereof “167(g)”. (d) Special Rule for Charitable Contributions of Section 1245 Property.—

26 USC 170.

 Section 170 (relating to charitable, etc., contributions and gifts) is amended by redesignating subsections (e) and (f) as (f) and (g), respectively, and by inserting after subsection (d) the following new subsection: “(e) Special Rule for Charitable Contributions of Section 1245 Property.—

Ante, p. 1032.

 The amount of any charitable contribution taken into account under this section shall be reduced by the amount which would have been treated as gain to which section 1245(a) applies if the property contributed had been sold at its fair market value (determined at the time of such contribution).” (e) Computation of Taxable Income for Purposes of Limitation on Percentage Depletion Deduction.—

26 USC 613.

 Section 613(a) (relating to percentage depletion) is amended by inserting after the second sentence thereof the following new sentence: “For purposes of the preceding sentence, the allowable deductions taken into account with76 Stat. 1035 respect to expenses of mining in computing the taxable income from the property shall be decreased by an amount equal to so much of any gain which (1) is treated under section 1245 (relating to gain from disposition of certain depreciable property) as gain from the sale or exchange of property which is neither a capital asset nor property described in section 1231, and (2) is properly allocable to the

26 USC 1231.

 property.” (f) Technical Amendments.— (1) Special rule for partnerships.—Section 751(c) (relating

26 USC 751.

 to definition of “unrealized receivables” for purposes of subchapter K) is amended by adding after paragraph (2) the following:

“For purposes of this section and sections 731, 736, and 741, such term also includes section 1245

Ante, p. 1032.

property (as defined in section 1245 (a)(3)), but only to the extent of the amount which would be treated us gain to which section 1245(a) would apply if (at the time of the transaction described in this section or section 731, 736, or 741, as the case may be) such property had been sold by the partnership at its fair market value.”

 (2) Corporate distribution of property.—Subsections (b) and (d) of section 301 (relating to amount distributed) are each amended by striking out “subsection (b) or (c) of section 311” and inserting in lieu thereof “subsection (b) or (c) of section 311 or under section 1245(a)”. (3) Effect on earnings and profits.—Section 312(c)(3) (relating to adjustments of earnings and profits) is amended by striking out “subsection (b) or (c) of section 311” and inserting in lieu thereof “subsection (b) or (c) of section 311 or under section 1245(a)” (4) Collapsible corporations.—Section 341(e) (relating to

26 USC 341.

 collapsible corporations) is amended by inserting after paragraph (11) the following new paragraph: “(12) Nonapplication of section 1245(a).—For purposes of this subsection, the determination of whether gain from the sale or exchange of property would under any provision of this chapter be considered as gain from the sale or exchange of property which is neither a capital asset nor property described in section 1231(b) shall be made without regard to the application of section 1245(a).” (5) Installment obligations in certain liquidations.— (A) Section 453(d)(4)(A) (relating to distribution of installment obligations in section 332 liquidations) is amended by adding at the end thereof the following new sentence: “If the basis of the property of the liquidating corporation in the hands of the distributee is determined under section 334(b)(2) then the preceding sentence shall not apply to the extent that under paragraph (1) gain to the distributing corporation would be considered as gain to which section 1245(a) applies.” (B) Section 453(d)(4)(B) (relating to distribution of installment obligations in liquidations to which section 337 applies) is amended by adding at the end thereof the following new sentence: “The preceding sentence shall not apply to the extent that under paragraph (1) gain to the distributing corporation would be considered as gain to which section 1245(a) applies.” (g) Effective Dates.—The amendments made by this section (other than the amendments made by subsection (c)) shall apply to taxable years beginning after December 31, 1962. The amendments76 Stat. 1036 made by subsection (c) shall apply to taxable years beginning after December 31, 1961, and ending alter the date of the enactment of this Act.
SEC. 14. FOREIGN INVESTMENT COMPANIES. (a) Treatment of Sale of Stock of Foreign Investment Companies.— (1)

26 USC 1231–1244.

 In general.—Part IV of subchapter P of chapter 1 (relating to special rules for determining capital gains and losses) is

Ante, p. 1032.

 amended by adding after section 1245 (as added by section 13 of this Act) the following new sections:
“SEC. 1246. GAIN ON FOREIGN INVESTMENT COMPANY STOCK. “(a) Treatment of Gain as Ordinary Income.— “(1) General rule.— In the case of a sale or exchange (or a distribution which, under section 302 or 331, is treated as an exchange of stock) after December 31, 1962, of stock in a foreign corporation which was a foreign investment company (as defined in subsection (b)) at any time during the period during which the taxpayer held such stock, any gain shall be treated as gain from the sale or exchange of property which is not a capital asset, to the extent of the taxpayer’s ratable share of the earnings and profits of such corporation accumulated for taxable years Beginning after December 31, 1962. “(2) Ratable share.— For purposes of this section, the taxpayer s ratable share shall be determined under regulations prescribed by the Secretary or his delegate, but shall include only his ratable share of the accumulated earnings and profits of such corporation— “(A) for the period during which the taxpayer held such stock, but “(B) excluding such earnings and profits attributable to any amount previously included in the gross income of such

Ante, p. 1006.

 taxpayer under section 951 (but only to the extent the inclusion of such amount did not result in an exclusion of any

Ante, p. 1019.

 other amount from gross income under section 959). “(3) Taxpayer to establish earnings and profits.—Unless the taxpayer establishes the amount of the accumulated earnings and profits of the foreign investment company and the ratable share thereof for the period during which the taxpayer held such stock, all the gain from the sale or exchange of stock in such company shall be considered as gain from the sale or exchange of property which is not a capital asset. “(4) Holding period of stock must be more than 6 months.— This section shall not apply with respect to the sale or exchange of stock where the holding period of such stock as of the date of such sale or exchange is 6 months or less. “(b) Definition of Foreign Investment Company.— For purposes of this section, the term ‘foreign investment company’ means any foreign corporation which, for any taxable year beginning after December 31, 1962, is— “(1) registered under the Investment Company Act of 1940,

54 Stat. 789.

 as amended (15 U.S.C. 80a–1 to 80b–2), either as a management company or as a unit investment trust, or “(2) engaged (or holding itself out as being engaged) primarily in the business of investing, reinvesting, or trading in securities (within the meaning of section 3(a)(1) of such Act, as limited by paragraphs (2) through (10) (except paragraph (6)(C)) and paragraphs (12) through (15) of section 3(c) of such Act) at a time when more than 50 percent of the total com-76 Stat. 1037bined voting power of all classes of stock entitled to vote, or of the total value of shares of all classes of stock, was held, directly or indirectly (within the meaning of section 958(a)), by United

Ante, p. 1018.

Ante, p. 988.

 States persons (as defined in section 7701(a)(30)). “(c) Stock Having Transferred or Substituted Basis.—To the extent provided in regulations prescribed by the Secretary or his delegate, stock in a foreign corporation, the basis of which (in the hands of the taxpayer selling or exchanging such stock) is determined by reference to the basis (in the hands of such taxpayer or any other person) of stock in a foreign investment company, shall be. treated as stock of a foreign investment company and held by the taxpayer throughout the holding period for such stock (determined under section 1223).

26 USC 1223.

 “(d) Rules Relating to Entities Holding Foreign Investment Company Stock.— To the extent provided in regulations prescribed by the Secretary or his delegate— “(1) trust certificates of a trust to which section 677 (relating

26 USC 677.

 to income for benefit of grantor) applies, and “(2) stock of adomestic corporation, shall be treated as stock of a foreign investment company and held by the taxpayer throughout the holding period for such certificates or stock (determined under section 1223) in the same proportion that the investment in stock in a foreign investment company by the trust or domestic corporation bears to the total assets of such trust or corporation. “(e) Rules Relating to Stock Acquired From a Decedent.— “(1) Basis.—In the case of stock of a foreign investment company acquired by bequest, devise, or inheritance (or by the decedent’s estate) from a decedent dying after December 31, 1962, the basis determined under section 1014 shall be reduced (but not

26 USC 1014.

 below the adjusted basis of such stock in the hands of the decedent immediately before his death) by the amount of the decedent’s ratable share of the earnings and profits of such company accumulated after December 31, 1962. Any stock so acquired shall be treated as stock described in subsection (c). “(2) Deduction for estate tax.— If stock to which subsection (a) applies is acquired from a decedent, the taxpayer shall, under regulations prescribed by the Secretary or his delegate, be allowed (for the taxable year of the sale or exchange) a deduction from gross income equal to that portion of the decedent’s estate tax deemed paid which is attributable to the excess of (A) the value at which such stock was taken into account for purposes of determining the value of the decedent’s gross estate, over (B) the value at which it would have been so taken into account if such value had been reduced by the amount described in paragraph (1). “(f) Information With Respect to Certain Foreign Investment Companies.— Every United States person who, on the last day of the taxable year of a foreign investment company beginning after December 31, 1962, owns 5 percent or more in value of the stock of such company shall furnish with respect to such company such information as the Secretary or his delegate shall by regulations prescribe. “(g) Cross Reeerence.— “For special rules relating to the earnings and profits of foreign investment companies, see section 312(1).
“SEC. 1247. ELECTION BY FOREIGN INVESTMENT COMPANIES TO DISTRIBUTE INCOME CURRENTLY. “(a) Election by Foreign Investment Company.— “(1) In general.— If a foreign investment company which is described in section 1246(b)(1) elects (in the manner provided

Ante, p. 1036.

76 Stat. 1038 in regulations prescribed by the Secretary or his delegate) on or before December 31, 1962, with respect to each taxable year beginning after December 31, 1962, to— “(A) distribute to its shareholders 90 percent or more of what its taxable income would be if it were a domestic corporation; “(B) designate in a written notice mailed to its shareholders at any time before the expiration of 45 days after the close of its taxable year the pro rata amount of the excess (determined as if such corporation were a domestic corporation) of the net long-term capital gain over the net short-term capital loss of the taxable year; and the portion thereof which is being distributed; and “(C) provide such information as the Secretary or his delegate deems necessary to carry out the purposes of this section,

Ante, p. 1036.

then section 1246 shall not apply with respect to the qualified shareholders of such company during any taxable year to which such election applies. “(2) Special rules.— “(A) Computation of taxable income.— For purposes of paragraph (1)(A), the taxable income of the company shall be computed without regard to— “(i) the excess of the net long-term capital gain over the net short-term capital loss referred to in paragraph “(ii)

26 USC 172.

 section 172 (relating to net operating losses), and “(iii) any deduction provided by part VIII of subchapter B (other than the deduction provided by section

26 USC 248.

 248, relating to organizational expenditures). “(B) Distributions after the close of the taxable year.— For purposes of paragraph (1)(A), a distribution made after the close of the taxable year and on or before the 15th day of the third month of the next taxable year shall be treated as distributed during the taxable year to the extent elected by the company (in accordance with regulations prescribed by the Secretary or his delegate) on or before the 15th day of such third month. “(C) Carryover of capital losses from nonelection years denied.— In computing the excess of the net long-term capital gain over the net short-term capital loss referred to in

26 USC 1212.

 paragraph (1)(B), section 1212 shall not apply to losses incurred in or with respect to taxable years before the first taxable year to which the election applies. “(b) Years to Which Election Applies.— The election of any foreign investment company under this section shall terminate as of the close of the taxable year preceding its first taxable year in which any of the following occurs: “(1) the company fails to comply with the provisions of subparagraph (A), (B), or (C) of subsection (a)(1), unless it is shown that such failure is due to reasonable cause and not due to willful neglect, “(2) the company is a foreign personal holding company, or “(3) the company is not a foreign investment company which is described in section 1246(b)(1). 76 Stat. 1039 “(c) Qualified Shareholders.— For purposes of this section— “(1) In general.—The term ‘qualified shareholder” means any shareholder who is a United States person (as defined in section 7701(a)(30)), other than a shareholder described in paragraph

Ante, p. 988.

 (2). “(2) Certain united states persons excluded from definition.—A United States person shall not be treated as a qualified shareholder for the taxable year if for such taxable year (or for any prior taxable year) he did not include, in computing his long-term capital gains in his return for such taxable year, the amount designated by such company pursuant to subsection (a)(1)(B) as his share of the undistributed capital gains of such company for its taxable year ending within or with such taxable year of the taxpayer. The preceding sentence shall not apply with respect to any failure by the taxpayer to treat an amount as provided.therein if the taxpayer shows that such failure was due to reasonable cause and not due to willful neglect. “(d) Treatment of Distributed and Undistributed Capital Gains by a Qualified Shareholder.—Every qualified shareholder of a foreign investment company for any taxante year of such company with respect to which an election pursuant to subsection (a) is in effect shall include, in computing his long-term capital gains— “(1) for his taxable year in which received, his pro rata share of the distributed portion of the excess of the net long-term capital gain over the net short-term capital loss for such taxable year of such company, and “(2) for his taxable year in which or with which the taxable year of such company ends, his pro rata share of the undistributed portion of the excess of the net long-term capital gain over the net short-term capital loss for such taxable year of such company. “(e) Adjustments.— Under regulations prescribed by the Secretary or his delegate, proper adjustment shall be made— “(1) in the earnings and profits of the electing foreign investment company and a qualified shareholder’s ratable share thereof, and “(2) in the adjusted basis of stock of such company held by such shareholder,. to reflect such shareholder’s inclusion in gross income of undistributed capital gains. “(f) Election by Foreign Investment Company With Respect to Foreign Tax Credit.—A foreign investment company with respect to which an election pursuant to subsection (a) is in effect and more than 50 percent of the value (as defined in section 851(c)(4)) of

26 USC 851.

 whose total assets at the close of the taxable year consists of stock or securities in foreign corporations may, for such taxable year, elect the application of this subsection with respect to income, war profits, and excess profits taxes described in section 901(b)(1) which are paid

26 USC 901.

 by the foreign investment company during such taxable year to foreign countries and possessions of the United States. If such election is made— “(1) the foreign investment company— “(A) shall compute its taxable income, for purposes of subsection (a)(1)(A), without any deductions for income, war profits, or excess profits taxes paid to foreign countries or possessions of the United States, and “(B) shall treat the amount of such taxes, for purposes of subsection (a)(1)(A), as distributed to its sharenolders; 76 Stat. 1040 “(2) each qualified shareholder of such foreign investment company— “(A) shall include in gross income and treat as paid by him his proportionate share of such taxes, and “(B) shall treat, for purposes of applying subpart A of part III of subchapter N, his proportionate share of such taxes as having been paid to the country in which the foreign investment company is incorporated, and “(C) shall treat as gross income from sources within the country in which the foreign investment company is incorporated, for purposes of applying subpart A of part III of subchapter N, the sum of his proportionate share of such taxes and any dividend paid to him by such foreign investment company. “(g) Notice to Shareholders.—The amounts to be treated by qualified shareholders, for purposes of subsection (f)(2), as their proportionate share of the taxes described in subsection (f)(1)(A) paid by a foreign investment company shall not exceed the amounts so designated by the foreign investment company in a written notice mailed to its shareholders not later than 45 days after the close of its taxable year. “(h) Manner or Making Election and Notifying Shareholders.—The election provided in subsection (f) and the notice to shareholders required by subsection (g) shall be made in such manner as the Secretary or his delegate may prescribe by regulations. “(i) Loss on Sale or Exchange of Certain Stock Held Less Than 6 Months.— If— “(1) under this section, any qualified shareholder treats any amount designated under subsection (a)(1)(B) with respect to a share of stock as long-term capital gain, and “(2) such share is held by the taxpayer for less than 6 months, then any loss on the sale or exchange of such share shall, to the extent of the amount described in paragraph (1), be treated as loss from the sale or exchange of a capital asset held for more than 6 months.”
(2) The table of sections for such part IV is amended by adding at. the end thereof the following: “Sec. 1246. “Sec. 1247. (b) Conforming Amendments.— (1) Earnings and profits of foreign investment companies.—

Ante, p. 6; 26 USC 312.

 Section 312 (relating to effect on earnings and profits) is amended by adding after subsection (k) the following new subsection: “(l) Earnings and Profits of Foreign Investment Companies.— “(1) Allocation within affiliated group.— In the case of a sale or exchange of stock in a foreign investment company (as defined in section 1246(b)) by a United States person (as

Ante, p. 1036.

Ante, p. 988.

 defined in section 7701(a)(30)), if such company is a member of an affiliated group, then the accumulated earnings and profits of all members of such affiliated group shall be allocated, under regulations prescribed by the Secretary or his delegate, in such manner as is proper to carry out the purposes of section 1246. “(2) Affiliated group defined.—For purposes of paragraph (1) of this subsection, the term ‘affiliated group’ has the meaning

26 USC 1504.

 assigned to such term by section 1504(a); except that (A) ‘more than 50 percent-inheritance (or by the decedent shall be substituted for ‘80 percent or more’, and (B) all corporations shall be treated as includible corporations (without regard to the provisions of section 1504(b)). 76 Stat. 1041 “(3) Partial liquidations and redemptions.— “(A) In general.—If a foreign investment company (as defined in section 1246) distributes amounts in partial liquidation

Ante, p. 1036.

26 USC 302, 303.

 or in a redemption to which section 302(a) or 303 applies, the part of such distribution which is property chargeable, to earnings and profits shall be an amount which is not in excess of the ratable share of the earnings and profits of the company accumulated after February 28, 1913, attributable to the stock so redeemed. “(B) Effective date.—Subparagraph (A) shall apply only with respect to distributions made after December 31, 1962.” (2) Sale or exchange of interest in partnership.— Section 751(d)(2) (relating to inventory items which have appreciated

26 USC 751.

 substantially in value) is amended by striking out “and” at the end of subparagraph (B), and by striking out subparagraph (C) and inserting in lieu thereof the following new subparagraphs: “(C) any other property of the partnership which, if sold or exchanged by the partnership, would result in a gain taxable under subsection (a) of section 1246 (relating to gain on foreign investment company stock), and “(D) any other property held by the partnership which, if held by the selling or distributee partner, would be considered property of the type described in subparagraph (A), (B), or (C).” (3) Holding period of property.—Section 1223 (relating to

26 USC 1223.

 holding period of property) is amended by redesignating paragraph (10) as paragraph (11) and inserting after paragraph (9) the following paragraph: “(10) In determining the period for which the taxpayer has held trust certificates of a trust to which subsection (d) of section 1246 applies, or the period for which the taxpayer has held stock in a corporation to which subsection (d) of section 1246 applies, there shall be included the period for which the trust or corporation (as the case may be) held the stock of foreign investment companies.” (c) Effective Date.— The amendments made by this section shall apply with respect to taxable years beginning after December 31, 1962.
SEC. 15. GAIN FROM CERTAIN SALES OR EXCHANGES OF STOCK IN CERTAIN FOREIGN CORPORATIONS. (a) Treatment of Gain From the Redemption, Cancellation, or Sale of Stock in Certain Foreign Corporations.— Part IV of subchapter P of chapter 1 (relating to special rules for determining capital gains and losses) is amended by adding after sect ion 1247 (as added by section 14 of this Act) the following new section:

Ante, p. 1037.
“SEC. 1248. GAIN FROM CERTAIN SALES OR EXCHANGES OF STOCK IN CERTAIN FOREIGN CORPORATIONS. “(a) General Rule.—If— “(1) a United States person sells or exchanges stock in a foreign corporation, or if a United States person receives a distribution from a foreign corporation which, under section 302 or 331, is treated as an exchange of stock, and

26 USC 302, 331.

 “(2) such person owns, within the meaning of section 958(a), or is considered as owning by applying the rules of ownership of section 958(b), 10 percent or more of the total combined voting

Ante, p. 1018.

 power of all classes of stock entitled to vote of such foreign corporation at any time during the 5-year period ending on the date of the sale or exchange when such foreign corporation was a controlled foreign corporation (as defined in section 957),

Ante, p. 1017.

76 Stat. 1042 then the gain recognized on the sale or exchange of such stock shall be included in the gross income of such person as a dividend, to the extent of the earnings and profits of the foreign corporation attributable (under regulations prescribed by the Secretary or his delegate) to such stock which were accumulated in taxable years of such foreign corporation beginning after December 31, 1962, and during the period or periods the stock sold or exchanged was held by such person while such foreign corporation was a controlled foreign corporation. “(b) Limitation on Tax Applicable to Individuals.— In the case of an individual, if the stock sold or exchanged is a capital asset

26 USC 1221.

 (within the meaning of section 1221) and has been held for more than 6 months, the tax attributable to an amount included in gross income as a dividend under subsection (a) shall not be greater than a tax equal to the sum of— “(1) a pro rata share of the excess of— “(A) the taxes that would have been paid by the foreign corporation with respect to its income had it been taxed under this chapter as a domestic corporation (but without allowance for deduction of, or credit for, taxes described in subparagraph (B)), for the period or periods the stock sold or exchanged was held by the United States person in taxable years beginning after December 31, 1962, while the foreign corporation was a controlled foreign corporation, adjusted for distributions and amounts previously included in gross

Ante, p. 1006.

 income of a United States shareholder under section 951, over “(B) the income, war profits, or excess profits taxes paid by the foreign corporation with respect to such income; and “(2) an amount equal to the tax that would result by including in gross income, as gain from the sale or exchange of a capital asset held for more than 6 months, an amount equal to the excess of (A) the amount included in gross income as a dividend under subsection (a), over (B) the amount determined under paragraph (1). “(c) Determination of Earnings and Profits.— “(1) In general.—For purposes of this section, the earnings and profits of any foreign corporation for any taxable year shall be determined according to rules substantially similar to those applicable to domestic corporations, under regulations prescribed by the Secretary or his delegate. “(2) Earnings and profits of subsidiaries of foreign corporations.— If— “(A) subsection (a) applies to a sale or exchange by a United States person of stock of a foreign corporation and, by reason of the ownership of the stock sold or exchanged,

Ante, p. 1018.

 such person owned within the meaning of section 958(a)(2) stock of any other foreign corporation; and “(B)

such person owned, within the meaning of section 958(a), or was considered as owning by applying the rules of ownership of section 958(b), 10 percent or more of the total combined voting power of all classes of stock entitled to vote of such other foreign corporation at any time during the 5-year period ending on the date of the sale or exchange when such other foreign corporation was a controlled foreign

Ante, p. 1017.

corporation (as defined in section 957),

then, for purposes of this section, the earnings and profits of the foreign corporation the stock of which is sold or exchanged which are attributable to the stock sold or exchanged shall be deemed76 Stat. 1043 to include the earnings and profits of such other foreign corporation which—

 “(C) are attributable (under regulations prescribed by the Secretary or his delegate) to the stock of such other foreign corporation which such person owned within the meaning of section 958(a)(2) (by reason of his ownership within

Ante, p. 1018.

 the meaning or section 958(a)(1)(A) of the stock sold or exchanged) on the date of such sale or exchange; and “(D) were accumulated in taxable years of such other corporation beginning after December 31, 1962, and during the period or periods— “(i) such other corporation was a controlled foreign corporation, and “(ii) such person owned within the meaning of section 958(a)(2) the stock of such other foreign corporation. “(d) Exclusions From Earnings and Profits.— For purposes of this section, the following amounts shall be excluded, with respect to any United States person, from the earnings and profits of a foreign corporation: “(1) Amounts included in gross income under section 951.— Earnings and profits of the foreign corporation attributable to any amount previously included in.the gross income of such person under section 951, with respect to the stock sold or exchanged,

Ante, p. 1006.

 but only to the extent the inclusion of such amount did not result in an exclusion of an amount from gross income under section 959. “(2) Gain realized from the sale or exchange of property in pursuance of a plan of complete liquidation.— If a foreign corporation adopts a plan of complete liquidation in a taxable year of a foreign corporation beginning after December 31, 1962, and if section 337(a) would apply it such foreign corporation

26 USC 337.

 were a domestic corporation, earnings and profits of the foreign corporation attributable (under regulations prescribed by the Secretary or his delegate) to any net gain from the sale or exchange of property. “(3) Less developed country corporations.—Earnings and profits accumulated by a foreign corporation while it was a less developed country corporation (as defined in section 902(d)), if

Ante, p. 1000.

 the stock sold or exchanged was owned for a continuous period of at least 10 years, ending with the date of the sale or exchange, by the United States person who sold or exchanged such stock. In the case of stock sold or exchanged by a corporation, if United States persons who are individuals, estates, or trusts (each of whom owned within the meaning of section 958(a). or were considered as owning by applying the rules of ownership of section 958(b), 10 percent or more of the total combined voting power of all classes of stock entitled to vote of such corporation) owned, or were considered as owning, at any time during the 10-year period ending on the date of the sale or exchange more than 50 percent of the total combined voting power of all classes of stock entitled to vote of such corporation, this paragraph shall apply only if such United States persons owned, or were considered as owning, at all times during the remainder of such 10-year period more than 50 percent of the total combined voting power of all classes of stock entitled to vote of such corporation. For purposes of this paragraph, stock owned by a United States person who is an individual, estate, or trust which was acquired by reason of the death of the predecessor in interest of such United States76 Stat. 1044 person shall be considered as owned by such United States person during the period such stock was owned by such predecessor in interest, and during the period such stock was owned by any other predecessor in interest if between such United States person and such other predecessor in interest there was no transfer other than by reason of the death of an individual. “(4) United States income.—Any item includible in gross income of the foreign corporation under this chapter as income derived from sources within the United States of a foreign corporation engaged in trade or business in the United States. “(5) Amounts included in gross income under section 1247.—If the United States person whose stock is sold or exchanged was a qualified shareholder (as defined in section

Ante, p. 1039.

Ante, p. 1036.

 1247(c)) of a foreign corporation which was a foreign investment company (as described in section 1246(b)(1)), the earnings and profits of the foreign corporation for taxable years in which such person was a qualified shareholder. “(e) Sales or Exchanges of Stock in Certain Domestic Corporations.—Under regulations prescribed by the Secretary or his delegate, if— “(1) a United States person sells or exchanges stock of a domestic corporation, or receives a distribution from a domestic

26 USC 302, 331.

 corporation which, under section 302 or 331, is treated as an exchange of stock, and “(2) such domestic corporation was formed or availed of principally for the holding, directly or indirectly, of stock of one or more foreign corporations, such sale or exchange shall, for purposes of this section, be treated as a sale or exchange of the stock of the foreign corporation or corporations held by the domestic corporation. “(f) Exceptions.— This section shall not apply to— “(1)

26 USC 303.

 distributions to which section 303 (relating to distributions in redemption of stock to pay death taxes) applies; “(2)

26 USC 356.

 gain realized on exchanges to which section 356 (relating to receipt of additional consideration in certain reorganizations) applies; or “(3) any amount to the extent that such amount is, under any other provision of this title, treated as— “(A) a dividend, “(B) gain from the sale of an asset which is not a capital asset, or “(C) gain from the sale of an asset held for not more than 6 months. “(g) Taxpayer To Establish Earnings and Profits.—Unless the taxpayer establishes the amount of the earnings and profits of the foreign corporation to be taken into account under subsection (a), all gain from the sale or exchange shall be considered a dividend under subsection (a), and unless the taxpayer establishes the amount of foreign taxes to be taken into account under subsection (b), the limitation of such subsection shall not apply.”
(b) Clerical Amendment.— The table of sections for such part IV is amended by adding at the end thereof the following: “Sec. 1248. (c) Effective Date.— The amendments made by this section shall apply with respect to sales or exchanges occurring after December 31, 1962.
76 Stat. 1045
SEC. 16. SALES AND EXCHANGES OF PATENTS, ETC, TO CERTAIN FOREIGN CORPORATIONS. “(a) Treatment of Gain as Ordinary Income.— Part IV of subchapter P of chapter 1 (relating to special rules for determining capital gains and losses) is amended by adding after section 1248 (as added by section 15 of this Act) the following new section:

Ante, p. 1041.
“SEC. 1249. GAIN FROM CERTAIN SALES OR EXCHANGES OF PATENTS, ETC, TO FOREIGN CORPORATIONS. “(a) General Rule.— Except as provided in subsection (c), gain from the sale or exchange after December 31, 1962, of a patent, an invention, model, or design (whether or not patented), a copyright, a secret formula or process, or any other similar property right to any foreign corporation by any United States person (as defined in section 7701(a)(30)) which controls such foreign corporation shall,

Ante, p. 988.

 if such gain would (but for the provisions of this subsection) be gain from the sale or exchange of a capital asset or of property described in section 1231, be considered as gain from the sale or exchange of

26 USC 1231.

 property which is neither a capital asset nor property described in section 1231. “(b) Control.—For purposes of subsection (a), control means, with respect to any foreign corporation, the ownership, directly or indirectly, of stock possessing more than 50 percent, of the total combined voting power of all classes of stock entitled to vote. For purposes of this subsection, the rules for determining ownership of stock prescribed by section 958 shall apply.”

Ante, p. 1018.
(b) Clerical Amendment.— The table of sections for such part IV is amended by adding at the end thereof the following: “Sec. 1249. (c) Effective Date.— The amendments made by this section shall apply to taxable years beginning after December 31, 1962.
SEC. 17. TAX TREATMENT OF COOPERATIVES AND PATRONS. (a) In General.—Chapter 1 (relating to normal taxes and surtaxes) is amended by adding at the end thereof the following new subchapter: “Subchapter T— Cooperatives and Their Patrons “Part I. “Part II. “Part III. “PART I— TAX TREATMENT OF COOPERATIVES “Sec. 1381. “Sec. 1382. “Sec. 1383.
“SEC. 1381. ORGANIZATIONS TO WHICH PART APPLIES. “(a) In General.— This part shall apply to— “(1) any organization exempt from tax under section 521

26 USC 521.

 (relating to exemption of farmers’ cooperatives from tax), and “(2) any corporation operating on a cooperative basis other than an organization— “(A) which is exempt from tax under this chapter, “(B) which is subject to the provisions of— “(i) part II of subchapter H (relating to mutual savings

26 USC 591–595.

 banks, etc.), or 76 Stat. 1046 “(ii)

26 USC 801–843.

 subchapter L (relating to insurance companies), or “(C) which is engaged in furnishing electric energy, or providing telephone service, to persons in rural areas. “(b) Tax on Certain Farmers’ Cooperatives.— An organization described in subsection (a)(1) shall be subject to the taxes imposed

26 USC 11, 1201.

 by section 11 or 1201.
“SEC. 1382. TAXABLE INCOME OF COOPERATIVES. “(a) Gross Income.— Except as provided in subsection (b), the gross income of any organization to which this part applies shall be determined without any adjustment (as a reduction in gross receipts, an increase in cost of goods sold, or otherwise) by reason of any allocation or distribution to a patron out of the net earnings of such organization. “(b) Patronage Dividends.— In determining the taxable income of an organization to which this part applies, there shall not be taken into account amounts paid during the payment period for the taxable year— “(1)

Poet, p. 1049.

 as patronage dividends (as defined in section 1388(a)), to the extent paid m money, qualified written notices of allocation (as defined in section 1388(c)), or other property (except nonqualified written notices of allocation (as defined in section

Poet, p. 1051.

 1388(d))) with respect to patronage occurring during such taxable year; or “(2) in money or other property (except written notices of allocation) in redemption of a nonqualified written notice of allocation which was paid as a patronage dividend during the payment period for the taxable year during which the patronage occurred. For purposes of this title, any amount not taken into account under the preceding sentence shall be treated in the same manner as an item of gross income and as a deduction therefrom. “(c) Deduction for Nonpatronage Distributions, etc.— In determining the taxable income of an organization described in section

Ante, p. 1045.

 1381(a)(1), there shall be allowed as a deduction (in addition to other deductions allowable under this chapter)— “(1) amounts paid during the taxable year as dividends on its capital stock; and “(2) amounts paid during the payment period for the taxable year— “(A) in money, qualified written notices of allocation, or other property (except nonqualified written notices of allocation) on a patronage basis to patrons with respect to its earnings during such taxable year which are derived from business done for the United States or any of its agencies or from sources other than patronage, or “(B) in money or other property (except written notices of allocation) in redemption of a nonqualined written notice of allocation which was paid, during the payment period for the taxable year during which the earnings were derived, on a patronage basis to a patron with respect to earnings derived from business or sources described in subparagraph (A). “(d) Payment Period for Each Taxable Year.— For purposes of subsections (b) and (c)(2), the payment period for any taxable year is the period beginning with the first day of such taxable year and ending with the fifteenth day of the ninth month following the close of such year. For purposes of subsections (b)(1) and (c)(2)(A), a76 Stat. 1047 qualified check issued during the payment period shall be treated as an amount paid in money during such period if endorsed and cashed on or before the 90th day after the close of such period. “(e) Products Marketed Under Pooling Arrangements.—For purposes of subsection (b), in the case of a pooling arrangement for the marketing of products, the patronage shall (to the extent provided in regulations prescribed by the Secretary or his delegate) be treated as patronage occurring during the taxable year in which the pool closes. “(f) Treatment of Earnings Received After Patronage Occurred.—If any portion of the earnings from business done with or for patrons is includible in the organization’s gross income for a taxable year after the taxable year during which the patronage occurred, then for purposes of applying subsection (b) to such portion the patronage shall, to the extent provided in regulations prescribed by the Secretary or his delegate, be considered to have occurred during the taxable year of the organization during which such earnings are includible in gross income.
“SEC. 1383. COMPUTATION OF TAX WHERE COOPERATIVE REDEEMS NONQUALIFIED WRITTEN NOTICES OF ALLOCATION. “(a) General Rule.— If, under section 1382(b)(2) or (c)(2)(B),

Ante, p. 1046.

 a deduction is allowable to an organization for the taxable year for amounts paid in redemption of nonqualified written notices of allocation, then the tax imposed by this chapter on such organization for the taxable year shall be the lesser of the following: “(1) the tax for the taxable year computed with such deduction; or “(2) an amount equal to— “(A) the tax for the taxable year computed without such deduction, minus “(B) the decrease in tax under this chapter for any prior taxable year (or years) which would result solely from treating such nonqualified written notices of allocation as qualified written notices of allocation. “(b) Special Rules.— “(1) If the decrease in tax ascertained under subsection (a)(2)(B) exceeds the tax for the taxable year (computed without the deduction described in subsection (a)) such excess shall be considered to be a payment of tax on the last day prescribed by law for the payment of tax for the taxable year, and shall be refunded or credited in the same manner as if it were an overpayment for such taxable year. “(2) For purposes of determining the decrease in tax under subsection (a)(2)(B), the stated dollar amount of any nonqualified written notice of allocation which is to be treated under such subsection as a qualified written notice of allocation shall be the amount paid in redemption of such written notice of allocation which is allowable as a deduction under section 1382(b)(2) or (c)(2)(B) for the taxable year. “(3) If the tax imposed by this chapter for the taxable year is the amount determined under subsection (a)(2), then the deduction described in subsection (a) shall not be taken into account for any purpose of this subtitle other than for purposes of this section.
76 Stat. 1048 “PART II— TAX TREATMENT BY PATRONS OF PATRONAGE DIVIDENDS “Sec. 1385.
“SEC. 1385. AMOUNTS INCLUDIBLE IN PATRON’S GROSS INCOME. “(a) General Rule.— Except as otherwise provided in subsection (b), each person shall include tn gross income— “(1) the amount of any patronage dividend which is paid in money, a qualified written notice of allocation, or other property (except a nonqualified written notice of allocation), and which is received by him during the taxable year from an organization

Ante, p. 1045.

Ante, p. 1046.

 described in section 1381(a), and “(2) any amount, described in section 1382(c)(2)(A) (relating to certain nonpatronage distributions by tax-exempt farmers’ cooperatives), which is paid in money, a qualified written notice of allocation, or other property (except a nonqualified written notice of allocation), and which is received by him during the taxable year from an organization described in section 1381(a)(1). “(b) Exclusion From Gross Income.— Under regulations prescribed by the Secretary or his delegate, the amount of any patronage dividend, and any amount received on the redemption, sale, or other disposition of a nonqualified written notice of allocation which was paid as a patronage dividend, shall not be included in gross income to the extent that such amount— “(1) is properly taken into account as an adjustment to basis of property, or “(2) is attributable to personal, living, or family items. “(c) Treatment of Certain Nonqualified Written Notices of Allocation.— “(1) Application of subsection.— This subsection shall apply to any nonqualified written notice of allocation which— “(A) was paid as a patronage dividend, or “(B) was paid by an organization described in section 1381(a)(1) on a patronage basis with respect to earnings derived from business or sources described in section 1382(c)(2)(A). “(2) Basis; amount of gain.— In the case of any nonqualified written notice of allocation to which this subsection applies, for purposes of this chapter— “(A) the basis of such written notice of allocation in the hands of the patron to whom such written notice of allocation was paid shall be zero, “(B) the basis of such written notice of allocation which was acquired from a decedent shall be its basis in the hands of the decedent, and “(C) gain on the redemption, sale, or other disposition of such written notice of allocation by any person shall, to the extent that the stated dollar amount of such written notice of allocation exceeds its basis, be considered as gain from the sale or exchange of property which is not a capital asset.
76 Stat. 1049 “PART III— DEFINITIONS; SPECIAL RULES “Sec. 1388.
“SEC. 1388. DEFINITIONS; SPECIAL RULES. “(a) Patronage Dividend.— For purposes of this subchapter, the term “patronage dividend’ means an amount paid to a patron by an organization to which part I of this subchapter applies— “(1) on the basis of quantity or value of business done with or for such patron, “(2) under an obligation of such organization to pay such amount, which obligation existed before the organization received the amount so paid, and “(3) which is determined by reference to the net earnings of the organization from business done with or for its patrons. Such term does not include any amount paid to a patron to the extent that (A) such amount is out of earnings other than from business done with or for patrons, or (B) such amount is out of earnings from business done with or for other patrons to whom no amounts are paid, or to whom smaller amounts are paid, with respect to substantially identical transactions. “(b) Written Notice of Allocation.— For purposes of this subchapter, the term ‘written notice of allocation’ means any capital stock, revolving fund certificate, retain certificate, certificate or indebtedness, letter of advice, or other written notice, which discloses to the recipient the stated dollar amount allocated to him by the organization and the portion thereof, if any, which constitutes a patronage dividend. “(c) Qualified Written Notice of Allocation.— “(1) Defined.— For purposes of this subchapter, the term ‘qualified written notice of allocation’ means— “(A) a written notice of allocation which may be redeemed in cash at its stated dollar amount at any time within a period beginning on the date such written notice of allocation is paid and ending not earlier than 90 days from such date, but only if the distributee receives written notice of the right of redemption at the time he receives such written notice of allocation; and “(B) a written notice of allocation which the distributee has consented, in the manner provided in paragraph (2), to take into account at its stated dollar amount as provided in section 1385(a).

Ante, p. 1048.

 Such term does not include any written notice of allocation which is paid as part of a patronage dividend or as part of a payment described in section 1382(c)(2)(A), unless 20 percent or more

Ante, p. 1046.

 of the amount of such patronage dividend, or such payment, is paid in money or by qualified check. “(2) Manner of obtaining consent.— A distributee shall consent to take a written notice of allocation into account as provided in paragraph (1)(B) only by— “(A) making such consent in writing, “(B) obtaining or retaining membership in the organization after— “(i) such organization has adopted (after the date of the enactment of the Revenue Act of 1962) a bylaw providing that membership in the organization constitutes such consent, and “(ii) he has received a written notification and copy of such bylaw, or 76 Stat. 1050 “(C) if neither subparagraph (A) nor (B) applies, endorsing and cashing a qualified check, paid as a part of the patronage dividend or payment of which such written notice of allocation is also a part, on or before the 90th day after the close of the payment period for the taxable year of the organization for which such patronage dividend or payment is paid. “(3) Period for which consent is effective.— “(A) General rule.— Except as provided in subparagraph (B)— “(i) a consent described in paragraph (2)(A) shall be a consent with respect to all patronage of the distributee with the organization occurring (determined

Ante, p. 1047.

 with the application of section 1382(e)) during the taxable year of the organization during which such consent is made and all subsequent taxable years of the organization; and “(ii) a consent described in paragraph (2)(B) shall be a consent with respect to all patronage of the distributee with the organization occurring (determined without the application of section 1382(e)) after he received the notification and copy described in paragraph (2)(B)(ii). “(B) Revocation,etc.— “(i) Any consent described in paragraph (2)(A) may be revoked (in writing) by the distributee at any time. Any such revocation shall be effective with respect to patronage occurring on or after the first day of the first taxable year of the organization beginning after the revocation is filed with such organization; except that in the case of a pooling arrangement described in section 1382(e), a revocation made by a distributee shall not be effective as to any pool with respect to which the distributee has been a patron before such revocation. “(ii) Any consent described in paragraph (2)(B) shall not be effective with respect to any patronage occurring (determined without the application of section 1382(e)) after the distributee ceases to be a member of the organization or after the bylaws of the organization cease to contain the provision described in paragraph (2)(B)(i). “(4) Qualified check.—For purposes of this subchapter, the term ‘qualified check’ means only a check (or other instrument which is redeemable in money) which is paid as a part of a patronage dividend, or as a part of a payment described in section

Ante, p. 1046.

 1382(c)(2)(A), to a distrioutee who has not given consent as provided in paragraph (2)(A) or (B) with respect to such patronage dividend or payment, and on which there is clearly imprinted a statement that the endorsement and cashing of the check (or other instrument) constitutes the consent of the payee to include in his gross income, as provided in the Federal income tax laws, the stated dollar amount of the written notice of allocation which is a part of the patronage dividend or payment of which such qualified check is also a part. Such term does not include any check (or other instrument) which is paid as part of a patronage dividend or payment which does not include a written notice of allocation (other than a written notice of allocation described in paragraph (1)(A)). 76 Stat. 1051 “(d) Nonqualified Written Notice of Allocation.—For purposes of this subchapter, the term ‘nonqualified written notice of allocation’ means a written notice of allocation which is not described in subsection (c) or a qualified check which is not cashed on or before the 90th day after the close of the payment period for the taxable year for which the distribution of which it is a part is paid. “(e) Determination of Amount Paid or Received.— For purposes of this subchapter, in determining amounts paid or received— “(1) property (other than a written notice of allocation) shall be taken into account at its fair market value, and “(2) a qualified written notice of allocation shall be taken into account at its stated dollar amount.” (b) Technical Amendments.— (1) Section 521 (a) (relating to exemption of farmers’cooperatives

26 USC 521.

 from tax) is amended by striking out “section 522” each place it appears therein and inserting in lieu thereof “part I of subchapter T (sec. 1381 and following)”.

Ante, p. 1045.

Repeal.

26 USC 522.

26 USC 6072.

 (2) Section 522 (relating to tax on farmers’ cooperatives) is hereby repealed. (3) Section 6072(d) (relating to time for filing income tax returns of exempt cooperative associations) is amended to read as follows: “(d) Returns of Cooperative Associations.— In the case of an income tax return of— “(1) an exempt cooperative association described in section 1381(a)(1), or

Ante, p. 1045.

 “(2) an organization described in section 1381(a)(2) which is under an obligation to pay patronage dividends (as defined in section 1388(a)) in an amount equal to at least 50 percent of its

Ante, p. 1049.

 net earnings from business done with or for its patrons, or which paid patronage dividends in such an amount out of the net earnings from business done with or for patrons during the most recent taxable year for which it had such net earnings, a return made on the basis of a calendar year shall be filed on or before the 15th day of September following the close of the calendar year, and a return made on the basis of a fiscal year shall be filed on or before the 15th day of the 9th month following the close of the fiscal year.” (4) The table of subchapters for chapter 1 is amended by adding at the end thereof the following: “Subchapter T. (5) The table of sections for part III of subchapter F of chapter 1 is amended by striking out the last line thereof. (c) Effective Dates.— (1) For the cooperatives.—Except as provided in paragraph (3), the amendments made by subsections (a) and (b) shall apply to taxable years of organizations described in section 1381(a) of the Internal Revenue Code of 1954 (as added by subsection (a)) beginning after December 31, 1962. (2) For the patrons.—Except as provided in paragraph (3), section 1385 of the Internal Revenue Code of 1954 (as added by

Ante, p. 1048.

 subsection (a)) shall apply with respect to any amount received from any organization described in section 1381(a) of such Code, to the extent that such amount is paid by such organization in a taxable year of such organization beginning after December 31, 1962. (3) Application of existing law.— In the case of any money, written notice of allocation, or other property paid by any organization described in section 1381(a)— 76 Stat. 1052 (A) before the first day of the first taxable year of such organization beginning after December 31, 1962, or (B) on or after such first day with respect to patronage occurring before such first day, the tax treatment of such money, written notice of allocation, or other property (including the tax treatment of gain or loss on the redemption, sale, or other disposition of such written notice of allocation) by any person shall be made under the Internal Revenue Code of 1954 without regard to subchapter T

Ante, p. 1045.

 of chapter 1 of such Code.
SEC. 18. INCLUSION OF FOREIGN REAL PROPERTY IN GROSS ESTATE. (a) Amendments To Include Foreign Real Property.— (1)

26 USC 2031.

 Section 2031(a) (relating to definition of gross estate) is amended by striking out “, except real property situated outside of the United States”. (2)

26 USC 2001 et seq.

 The following provisions of chapter 11 (imposing an estate tax) are amended by striking out “(except real property situated outside of the United States) ”: (A) section 2033 (relating to property in which the decedent had an interest), (B) section 2034 (relating to dower or curtesy interests), (C) section 2035(a) (relating to transactions in contemplation of death), (D) section 2036(a) (relating to transfers with retained life estate), (E) section 2037(a) (relating to transfers taking effect at death), (F) section 2038(a) (relating to revocable transfers), (G) section 2040 (relating to joint interests), and (H) section 2041(a) (relating to powers of appointment). (b) Effective Date.— (1) Except as provided in paragraph (2), the amendments made by subsection (a) shall apply to the estates of decedents dying after the date of the enactment of this Act. (2) In the case of a decedent dying after the date of the enactment of this Act and before July 1, 1964, the value of real property situated outside of the United States shall not be included in the gross estate (as defined in section 2031(a)) of the decedent— (A) under section 2033, 2034, 2035(a), 2036(a), 2037(a),

26 USC 2033–2038.

 or 2038(a) to the extent the real property, or the decedent’s interest in it, was acquired by the decedent before February 1, 1962; (B)

26 USC 2040.

 under section 2040 to the extent such property or interest was acquired by the decedent before February 1, 1962, or was held by the decedent and the survivor in a joint tenancy or tenancy by the entirety before February 1, 1962; or (C)

26 USC 2041.

 under section 2041(a) to the extent that before February 1, 1962, such property or interest was subject to a general ’power of appointment (as defined in section 2041) possessed by the decedent. In the case of real property, or an interest therein, situated outside of the United States (including a general power of appointment in respect of such property or interest, and including property held by the decedent and the survivor in a joint tenancy or tenancy by the entirety) which was acquired by the decedent after

26 USC 2511.

 January 31, 1962, by gift within the meaning of section 2511, or from a prior decedent by devise or inheritance, or by reason of death, form of ownership, or other conditions (including the exer-76 Stat. 1053cise or nonexercise of a power of appointment), for purposes of this paragraph such property or interest therein shall be deemed to have been acquired by the decedent before February 1, 1962, if before that date the donor or prior decedent had acquired the property or his interest therein or had possessed a power of appointment in respect of the property or interest.
SEC. 19. REPORTING OF INTEREST, DIVIDEND, AND PATRONAGE DIVIDEND PAYMENTS OF $10 OR MORE DURING A YEAR. “(a) Returns Regarding Payment of Dividends.— Section 6042

26 USC 6042.

 (relating to returns regarding corporate dividends, earnings, and profits) is amended to read as follows:
“SEC. 6042. RETURNS REGARDING PAYMENTS OF DIVIDENDS AND CORPORATE EARNINGS AND PROFITS. “(a) Requirement of Reporting.— “(1) In general.— Every person— “(A) who makes payments of dividends aggregating $10 or more to any other person during any calendar year, or “(B) who receives payments of dividends as a nominee and who makes payments aggregating $10 or more during any calendar year to any other person with respect to the dividends so received, shall make a return according to the forms or regulations prescribed by the Secretary or his delegate, setting forth the aggregate amount of such payments and the name and address of the person to whom paid. “(2) Returns required by the secretary.— Every person who makes payments of dividends aggregating less than $10 to any other person during any calendar year shall, when required by the Secretary or his delegate, make a return setting forth the aggregate amount of such payments, and the name and address of the person to whom paid. “(b) Dividend Defined.— “(1) General rule.— For purposes of this section, the term ‘dividend’ means— “(A) any distribution by a corporation which is a dividend (as defined in section 316); and

26 USC 316.

 “(B) any payment made by a stockbroker to any person as a substitute for a dividend (as so defined). “(2) Exceptions.— For purposes of this section, the term ‘dividend’ does not include— “(A) to the extent provided in regulations prescribed by the Secretary or his delegate, any distribution or payment— “(i) by a foreign corporation, or “(ii) to a foreign corporation, a nonresident alien, or a partnership not engaged in trade or business in the United States and composed in whole or in part of nonresident aliens; and “(B) any amount described in section 1373 (relating to

26 USC 1373.

 undistributed taxable income of electing small business corporations). “(3) Special rule.— If the person making any payment described in subsection (a)(1)(A) or (B) is unable to determine the portion of such payment which is a dividend or is paid with respect to a dividend, he shall, for purposes of subsection (a)(1), treat the entire amount of such payment as a dividend or as an amount paid with respect to a dividend. 76 Stat. 1054 “(c) Statements To Be Furnished to Persons With Respect to Whom Information Is Furnished.— Every person making a return under subsection (a)(1) shall furnish to each person whose name is set forth in such return a written statement showing— “(1) the name and address of the person making such return, and “(2) the aggregate amount of payments to the person as shown on such return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return. under subsection (a)(1) was made. No statement shall be required to be furnished to any person under this subsection if the aggregate amount of payments to such person as shown on the return made under subsection (a)(1) is less than $10. “(d) Statements To Be Furnished by Corporations to Secretary.— Every corporation shall, when required by the Secretary or his delegate— “(1) furnish to the Secretary or his delegate a statement stating the name and address of each shareholder, and the number of shares owned by each shareholder; “(2) furnish to the Secretary or his delegate a statement of such facts as will enable him to determine the portion of the earnings and profits of the corporation (including gains, profits, and income not taxed) accumulated during such periods as the Secretary or his delegate may specify, which have been distributed or ordered to be distributed, respectively, to its shareholders during such taxable years as the Secretary or his delegate may specify; and “(3) furnish to the Secretary or his delegate a statement of its accumulated earnings and profits and the names and addresses of the individuals or shareholders who would be entitled to such accumulated earnings and profits if divided or distributed, and of the amounts that would be payable to each.”
(b) Returns Regarding Payment of Patronage Dividends.—

26 USC 6044.

Section 6044 (relating to returns regarding patronage dividends) is amended to read as follows:
“SEC. 6044. RETURNS REGARDING PAYMENTS OF PATRONAGE DIVIDENDS. “(a) Requirement of Retorting.— “(1) In general.—Except as otherwise provided in this section, every cooperative to which part I of subchapter T of chapter

Ante, p. 1045.

 1 applies, which makes payments of amounts described in subsection (b) aggregating $10 or more to any person during any calendar year, shall make a return according to the forms or regulations prescribed by the Secretary or his delegate, setting forth the aggregate amount of such payments and the name and address of the person to whom paid. “(2) Returns required by the secretary.— Every such cooperative which makes payments of amounts described in subsection (b) aggregating less than $10 to any person during any calendar year shall, when required by the Secretary or his delegate, make a return setting forth the aggregate amount of such payments and the name and address of the person to whom paid. “(b) Amounts Subject to Retorting.— “(1) General rule.— Except as otherwise provided in this section, the amounts subject to reporting under subsection (a) are— 76 Stat. 1055 “(A) the amount of any patronage dividend (as defined in section 1388(a)) which is paid in money, qualified written

Ante, p. 1049.

 notices of allocation (as defined in section 1388(c)), or other property (except nonqualified written notices of allocation as defined in section 1388(d)), “(B) any amount described in section 1382(c)(2)(A)

Ante, p. 1046.

 (relating to certain nonpatronage distributions) which is paid in money, qualified written notices of allocation, or other property (except nonqualified written notices of allocation) by an organization exempt from tax under section 521 (relating to exemption of farmers’ cooperatives from

26 USC 521.

 tax), and “(C) any amount described in section 1382(b)(2) (relating to redemption of nonqualified written notices of allocation) and, in the case of an organization described in section 1381(a)(1), any amount described in section 1382(c)(2)(B)

Ante, p. 1045.

 (relating to redemption of nonqualified written notices of allocation paid with respect to earnings derived from sources other than patronage). “(2) Exceptions.— The provisions of subsection (a) shall not apply, to the extent provided in regulations prescribed by the Secretary or his delegate, to any payment— “(A) by a foreign corporation, or “(B) to a foreign corporation, a nonresident alien, or a partnership not engaged in trade or business in the United States and composed in whole or in part of nonresident aliens. “(c) Exemption for Certain Consumer Cooperatives.— A cooperative which the Secretary or his delegate determines is primarily engaged in selling at retail goods or services of a type that are generally for personal, living, or family use shall, upon application to the Secretary or his delegate, be granted exemption from the reporting requirements imposed by subsection (a). Application for exemption under this subsection shall be made in accordance with regulations prescribed by the Secretary or his delegate. “(d) Determination of Amount Paid.—For purposes of this section, in determining the amount of any payment— “(1) property (other than a qualified written notice of allocation) shall be taken into account at its fair market value, and “(2) a qualified written notice of allocation shall be taken into account at its stated dollar amount. “(e) Statements To Be Furnished to Persons With Respect to Whom Information Is Furnished.— Every cooperative making a return under subsection (a)(1) shall furnish to each person whose name is set forth in such return a written statement showing— “(1) the name and address of the cooperative making such return, and “(2) the aggregate amount of payments to the person as shown on such return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a)(1) was made. No statement shall be required to be furnished to any person under this subsection if the aggregate amount of payments to such person as shown on the return made under subsection (a)(1) is less than $10.”
(c) Returns Regarding Payment of Interest.— Subpart B of part III of subchapter A of chapter 61 (relating to information returns) is amended by adding after section 6048 (as added by section 7(f) of this Act) the following new section:

Ante, p. 988.

 76 Stat. 1056
“SEC. 6049. RETURNS REGARDING PAYMENTS OF INTEREST. “(a) Requirement of Reporting.— “(1) In general.— Every person— “(A) who makes payments of interest (as defined in subsection (b)) aggregating $10 or more to any other person during any calendar year, or “(B) who receives payments of interest as a nominee and who makes payments aggregating $10 or more during any calendar year to any other person with respect to the interest so received, shall make a return according to the forms or regulations prescribed by the Secretary or his delegate, setting forth the aggregate amount of such payments and the name and address of the person to whom paid. “(2) Returns required by the secretary.—Every person who makes payments of interest (as defined in subsection (b)) aggregating less than $10 to any other person during any calendar year shall, when required by the Secretary or his delegate, make a return setting forth the aggregate amount of such payments and the name and address of the person to whom paid. “(3) Other returns required by secretary.—Every corporation making payments, regardless of amounts, of interest other than interest as defined in subsection (b) shall, when required by regulations prescribed by the Secretary or his delegate, make a return according to the forms or regulations prescribed by the Secretary or his delegate, setting forth the amount paid and the name and address of the recipient of each such payment. “(b) Interest Defined.— “(1) General rule.— For purposes of subsections (a)(1) and (2), the term ‘interest’ means— “(A) interest on evidences of indebtedness (including bonds, debentures, notes, and certificates) issued by a corporation in registered form, and, to the extent provided in regulations prescribed by the Secretary or his delegate, interest on other evidences of indebtedness issued by a corporation of a type offered by corporations to the public; “(B) interest on deposits with persons carrying on the banking business; “(C) amounts (whether or not designated as interest) paid by a mutual savings bank, savings and loan association, building and loan association, cooperative bank, homestead association, credit union, or similar organization, in respect of deposits, investment certificates, or withdrawable or repurchasable shares; “(D) interest on amounts held by an insurance company under an agreement to pay interest thereon; and “(E) interest on deposits with stockbrokers and dealers in securities. “(2) Exceptions.— For purposes of subsections (a)(1) and (2), the term ‘interest’ does not include— “(A)

26 USC 103.

 interest on obligations described in section 103(a)(1) or (3) (relating to interest on certain governmental obligations); “(B) to the extent provided in regulations prescribed by the Secretary or his delegate, any amount paid by or to a foreign corporation, a nonresident alien, or a partnership not engaged in trade or business in the United States and composed in whole or in part of nonresident aliens; and 76 Stat. 1057 “(C) any amount on which the person making payment is required to deduct and withhold a tax under section 1451

26 USC 1451.

 (relating to tax-free convenant bonds), or would be so required but for section 1451(d) (relating to benefit of personal exemptions). “(c) Statements To Be Furnished to Persons With Respect to Whom Information Is Furnished.— Every person making a return under subsection (a)(1) shall furnish to each person whose name is set forth in such return a written statement snowing— “(1) the name and address of the person making such return, and “(2) the aggregate amount of payments to the person as shown on such return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a)(1) was made. No statement shall be required to be furnished to any person under this subsection if the aggregate amount of payments to such person as shown on the return made under subsection (a)(1) is less than $10.”
(d) Penalties for Failure to File Information Returns.— Section 6652 (relating to failure to file certain information returns)

26 USC 6652.

 is amended to read as follows:
“SEC. 6652. FAILURE TO FILE CERTAIN INFORMATION RETURNS. “(a) Returns Relating to Payments of Dividends, Interest, and Patronage Dividends.— In the case of each failure to file a statement of the aggregate amount of payments to another person required by section 6042(a)(1) (relating to payments of dividends aggregating

Ante, p. 1053.

Ante, p. 1054.

Ante, p. 1056.

 $10 or more), section 6044(a)(1) (relating to payments of patronage dividends aggregating $10 or more), or section 6049(a)(1) (relating to payments of interest aggregating $10 or more), on the date prescribed therefor (determined with regard to any extension of time for filing), unless it is shown that such failure is due to reasonable cause and not to willful neglect, there shall be paid (upon notice and demand by the Secretary or his delegate and in the same manner as tax), by the person failing to so file the statement, $10 for each such statement not so filed, but the total amount imposed on the delinquent person for all such failures during any calendar year shall not exceed $25,000. “(b) Other Returns.— In the case of each failure to file a statement of a payment to another person required under authority of section 6041 (relating to certain information at source), section 6042 (a)(2) (relating to payments of dividends aggregating less than $10), section 6044(a)(2) (relating to payments of patronage dividends aggregating less than $10), section 6049(a)(2) (relating to payments of interest aggregating less than $10), section 6049(a)(3) (relating to other payments of interest by corporations), or section 6051(d) (relating to information returns with respect to income tax

26 USC 6051.

 withheld), on the date prescribed therefor (determined with regard to any extension of time for filing), unless it is shown that such failure is due to reasonable cause and not to willful neglect, there shall be paid (upon notice and demand by the Secretary or his delegate and in the same manner as tax) by the person failing to so file the statement, $1 for each such statement not so filed, but the total amount imposed on the delinquent person for all such failures during the calendar year shall not exceed $1,000. 76 Stat. 1058 “(c) Alcohol and Tobacco Taxes.— “For penalties for failure to file certain information returns with respect to alcohol and tobacco taxes, see, generally, subtitle E.”
(e) Penalties for Failure To Furnish Statements to Persons With Respect to Whom Returns Are Filed.— Subchapter B of chapter 68 (relating to assessable penalties) is amended by adding

Ante, p. 988.

 after section 6677 (as added by section 7(g) of this Act) the following new section:
“SEC. 6678. FAILURE TO FURNISH CERTAIN STATEMENTS. “In the case of each failure to furnish a statement under section

Ante, pp. 1054–1056.

 6042(c), 6044(e), or 6049(c) on the date prescribed therefor to a person with respect to whom a return has been made under section 6042(a)(1), 6044(a)(1), or 6049(a)(1), respectively, unless it is shown that such failure is due to reasonable cause and not to willful neglect, there shall be paid (upon notice and demand by the Secretary or his delegate and in the same manner as tax), by the person failing to so furnish the statement, $10 for each such statement not so furnished, but the total amount imposed on the delinquent person for all such failures during any calendar year shall not exceed $25,000.”
(f)

26 USC 6041.

 Technical Amendments.— Section 6041 (relating to information at source) is amended— (1) by striking out, in subsection (a) thereof, “(other than payments described in section 6042(1) or section 6045)” and inserting in lieu thereof “(other than payments to which section 6042(a)(1), 6044(a)(1), or 6049(a)(1) applies, and other than payments with respect to which a statement is required under the authority of section 6042(a)(2), 6044(a)(2), 6045, 6049 (a)(2), or 6049(a)(3))”; and (2) by striking out subsection (c) thereof. (g) Clerical Amendments.— (1) The table of sections for subpart B of part III of subchapter A of chapter 61 is amended— (A)

by striking out

“Sec. 6042.

and inserting in lieu thereof

“Sec. 6042. (B)

by striking out

“Sec. 6044.

and inserting in lieu thereof

“Sec. 6044. (C) by adding at the end of such table the following: “Sec. 6049. (2) The table of sections for subchapter B of chapter 68 is amended by adding at the end thereof the following: “Sec. 6678. (h) Effective Dates.— (1) Dividends and interest.— The amendments made by this section shall apply to payments of dividends and interest made on or after January 1, 1963. (2) Patronage dividends.—The amendments made by this section shall apply to payments of amounts described in section 6044(b) of the Internal Revenue Code of 1954 made on or after January 1, 1963, with respect to patronage occurring on or after the first day of the first taxable year of the cooperative beginning on or after January 1, 1963.
76 Stat. 1059
SEC. 20. INFORMATION WITH RESPECT TO CERTAIN FOREIGN ENTITIES. “(a) Information To Be Furnished by Individuals, Domestic Corporations, etc., With Respect to Certain Foreign Corporations.— Section 6038 is amended to read as follows:

74 Stat. 1014.

26 USC 6038.
“SEC. 6038. INFORMATION WITH RESPECT TO CERTAIN FOREIGN CORPORATIONS. “(a) Requirement.— “(1) In general.— Every United States person shall furnish, with respect to any foreign corporation which such person controls (within the meaning of subsection (d)(1)), such information as the Secretary or his delegate may prescribe by regulations relating to— “(A) the name, the principal place of business, and the nature of business of such foreign corporation, and the country under whose laws incorporated; “(B) the accumulated profits (as defined in section 902(c))

Ante, p. 1000.

 of such foreign corporation, including the items of income (whether or not included in gross income under chapter 1), deductions (whether or not allowed in computing taxable income under chapter 1) and any other items taken into account in computing such accumulated profits; “(C) a balance sheet for such foreign corporation listing assets, liabilities, and capital; “(D) transactions between such foreign corporation and— “(i) such person, “(ii) any other corporation which such person controls, and “(lii) any United States person owning, at the time the transaction takes place, 10 percent or more of the value of any class of stock outstanding of such foreign corporation; and “(E) a description of the various classes of stock outstanding, and a list showing the name and address of, and number of shares held by, each United States person who is a shareholder of record owning at any time during the annual accounting period 5 percent or more in value of any class of stock outstanding of such foreign corporation. The Secretary or his delegate may also require the furnishing of any other information which is similar or related in nature to that specified in the preceding sentence. “(2) Period for which information is to be furnished, etc.—The information required under paragraph (1) shall be furnished for the annual accounting period of the foreign corporation ending with or within the United States person’s taxable year. The information so required shall be furnished at such time and in such manner as the Secretary or his delegate shall by regulations prescribe. “(3) Limitation.—No information shall be required to be furnished under this subsection with respect to any foreign corporation for any annual accounting period unless such information was required to be furnished under regulations in effect on the first day of such annual accounting period. “(b) Effect of Failure To Furnish Information.— “(1) In general.— If a United States person fails to furnish, within the time prescribed under paragraph (2) of subsection (a), any information with respect to any foreign corporation required under paragraph (1) of subsection (a), then— 76 Stat. 1060 “(A)

26 USC 901; Ante, pp. 1001, 1031.

 iii applying section 901 (relating to taxes of foreign countries and possessions of the United States) to such United States person for the taxable year, the amount of taxes (other than taxes reduced under subparagraph (B)) paid or deemed paid (other than those deemed paid under

26 USC 904.

 section 904(d)) to any foreign country or possession of the United States for the taxable year shall be reduced by 10 percent, and “(B)

Ante, p. 999.

 in applying sections 902 (relating to foreign tax credit for corporate stockholder in foreign corporation) and

Ante, p. 1020.

 960 (relating to special rules for foreign tax credit) to any such United States person which is a corporation (or to any person who acquires from any other person any portion of the interest of such other person in any such foreign corporation, but only to the extent of such portion) for any taxable year, the amount of taxes paid or deemed paid by each foreign corporation with respect to which such person is required to furnish information during the annual accounting period or periods with respect to which such information is required under paragraph (2) of subsection (a) shall be reduced by 10 percent. If such failure continues 90 days or more after notice by the Secretary or his delegate to the United States person, then the amount of the reduction under this paragraph shall be 10 percent plus an additional 5 percent for each 3-month period, or fraction thereof, during which such failure to furnish information continues after the expiration of such 90-day period. “(2) Limitation.— The amount of the reduction under paragraph (1) for each failure to furnish information with respect to a foreign corporation required under subsection (a)(1) shall not exceed whichever of the following amounts is the greater: “(A) $10,000, or “(B) the income of the foreign corporation for its annual accounting period with respect to which the failure occurs. “(3) Special rules.— “(A) No taxes shall be reduced under this subsection more than once for the same failure. “(B) For purposes of this subsection, the time prescribed under paragraph (2) of subsection (a) to furnish information (and the beginning of the 90-day period after notice by the Secretary) shall be treated as being not earlier than the last day on which (as shown to the satisfaction of the Secretary or his delegate) reasonable cause existed for failure to furnish such information. “(C) In applying subsections (a) and (b) of section 902, and in applying subsection (a) of section 960, the reduction provided by this subsection shall not apply for purposes of determining the amount of accumulated profits in excess of income, war profits, and excess profits taxes. “(c) Two or More Persons Required To Furnish Information With Respect to Same Foreign Corporation.— Where, but for this subsection, two or more United States persons would be required to furnish information under subsection (a) with respect to the same foreign corporation for the same period, the Secretary or his delegate may by regulations provide that such information shall be required only from one person. To the extent practicable, the determination of which person shall furnish the information shall be made on the basis of actual ownership of stock. 76 Stat. 1061 “(d) Definitions.— For purposes of this section— “(1) Control.— A person is in control of a corporation if such person owns stock possessing more than 50 percent of the total combined voting power of all classes of stock entitled to vote, or more than 50 percent of the total value of shares of all classes of stock, of a corporation. If a person is in control (within the meaning of the preceding sentence) of a corporation which in turn owns more than 50 percent of the total combined voting power of all classes of stock entitled to vote of another corporation, or owns more than 50 percent of the total value of the shares of all classes of stock of another corporation, then such person shall be treated as in control of such other corporation. For purposes of this paragraph, the rules prescribed by section 318(a) for

26 USC 318.

 determining ownership of stock shall apply; except that— “(A) the second sentence of subparagraphs (A) and (B), and clause (ii) of subparagraph (C), of section 318(a)(2) shall not be applied so as to consider a United States person as owning stock which is owned by a person who is not a United States person, and “(B) in applying clause (i) of subparagraph (C) of section 318(a)(2), the phrase TO percent’ shall be substituted for the phrase ‘50 percent’ used in subparagraph (C). “(2) Annual accounting period.—The annual accounting period of a foreign corporation is the annual period on the basis of which such corporation regularly computes its income in keeping its books. “(e) Cross References.— “(1) For provisions relating to penalties for violations of this section, see section 7203. “(2) For definition of the term United States person’, see section 7701 (a)(30).”
(b) Information as to Organization or Reorganization of Foreign Corporations and as to Acquisitions of Their Stock.—Section 6046 (relating to returns as to creation or organization, or reorganization, of foreign corporations) is amended to read as

74 Stat. 1016.

26 USC 6046.

 follows:
“SEC. 6046. RETURNS AS TO ORGANIZATION OR REORGANIZATION OF FOREIGN CORPORATIONS AND AS TO ACQUISITIONS OF THEIR STOCK. “(a) Requirement of Return.— A return complying with the requirements of subsection (b) shall be made by— “(1) each United States citizen or resident who is on January 1, 1963, an officer or director of a foreign corporation, 5 percent or more in value of the stock of which is owned by a United States person (as defined in section 7701(a)(30)), or who becomes such

Ante, p. 988.

 an officer or director at any time after such date, “(2) each United States person who on January 1, 1963, owns 5 percent or more in value of the stock of a foreign corporation, or who, at any time after such date— “(A) acquires stock which, when added to any stock owned on January 1, 1963, has a value equal to 5 percent or more of the value of the stock of a foreign corporation, or “(B) acquires an additional 5 percent or more in value of the stock of a foreign corporation, and “(3) each person who at any time after January 1, 1963, becomes a United States person while owning 5 percent or more in value of the stock of a foreign corporation. “(b) Form and Contents of Returns.—The returns required by subsection (a) shall be in such form and shall set forth, in respect of76 Stat. 1062 the foreign corporation, such information as the Secretary or his delegate prescribes by forms or regulations as necessary for carrying out the provisions of the income tax laws, except that in the case of persons described only in subsection (a)(1) the information required shall be limited to the names and addresses of persons described in subsection (a)(2). “(c) Ownership of Stock.—For purposes of subsection (a), stock owned directly or indirectly by a person (including, in the case of an individual, stock owned by members of his family) shall be taken into account. For purposes of the preceding sentence, the family of an individual shall be considered as including only his brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants. “(d) Time for Filing.—Any return required by subsection (a) shall be filed on or before the 90th day after the day on which, under any provision of subsection (a), the United States citizen, resident, or person becomes liable to file such return. “(e) Limitation.— “(1) General rule.—Except as provided in paragraph (2), no information shall be required to be furnished under this section with respect to any foreign corporation unless such information was required to be furnished under regulations which have been in effect for at least 90 days before the date on which the United States citizen, resident, or person becomes liable to file a return required under subsection (a). “(2) Exception.— In the case of liability to file a return under subsection (a) arising on or after January 1, 1963, and before June 1, 1963— “(A) no information shall be required to be furnished under this section w’ith respect to any foreign corporation unless such information was required to be furnished under regulations in effect on or before March 1, 1963, and “(B) if the date on which such regulations become effective is later than the day on which such liability arose, any return required by subsection (a) shall (in lieu of the time prescribed by subsection (d)) be filed on or before the 90th day after such date. “(f) Cross Reference.— “For provisions relating to penalties for violations of this section, see sections 6679 and 7203.”
(c) Civil Penalty for Failure To File Return.—Subchapter B of chapter 68 (relating to assessable penalties) is amended by adding

Ante, p. 1058.

 after section 6678 (as added by section 19(e) of this Act) the following new section:
“SEC. 6679. FAILURE TO FILE RETURNS AS TO ORGANIZATION OR REORGANIZATION OF FOREIGN CORPORATIONS AND AS TO ACQUISITIONS OF THEIR STOCK. “(a) Civil Penalty.—In addition to any criminal penalty provided

Ante, p. 1061.

 by law, any person required to file a return under section 6046 who fails to file such return at the time provided in such section, or who files a return which does not show the information required pursuant to such section, shall pay a penalty of $1,000, unless it is shown that such failure is due to reasonable cause. “(b) Deficiency Procedures Not To Apply.—Subchapter B of

26 USC 6211–6216.

 chapter 63 (relating to deficiency procedure for income, estate, and gift taxes) shall not apply in respect of the assessment or collection of any penalty imposed by subsection (a).”
76 Stat. 1063 (d) Technical Amendments.— (1) Section 318(b) (relating to cross references) is amended by

26 USC 318.

 striking out “and” at the end of paragraph (5), by striking out the period at the end of paragraph (6) and inserting in lieu thereof and”, and by adding at the end thereof the following: “(7) section 6038(d)(1) (relating to information with respect to certain foreign corporations).” (2) The table of sections for subpart B of part III of subchapter A of chapter 61 is amended by striking out “Sec. 6046.

and inserting in lieu thereof

“Sec. 6046. (3) The table of sections for subchapter B of chapter 68 is amended by adding at the end thereof the following: “Sec. 6679. (e) Effective Date.— (1) The amendments made by subsection (a) shall apply with respect to annual accounting periods of foreign corporations beginning after December 31, 1962. (2) The amendments made by subsection (b) shall take effect on January 1, 1963.
SEC. 21. EXPENDITURES BY FARMERS FOR CLEARING LAND. “(a) Allowance of Deduction.— Part VI of subchapter B of chapter 1 (relating to itemized deductions for individuals and corporations) is amended by adding after section 181 (as added by section

Ante, p. 971.

 2(c) of this Act) the following new section:
“SEC. 182. EXPENDITURES BY FARMERS FOR CLEARING LAND. “(a) In General.— A taxpayer engaged in the business of farming may elect to treat expenditures which are paid or incurred by him during the taxable year in the clearing of land for the purpose of making such land suitable for use in farming as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction. “(b) Limitation.— The amount deductible under subsection (a) for any taxable year shall not exceed whichever of the following amounts is the lesser: “(1) $5,000, or “(2) 25 percent of the taxable income derived from farming during the taxable year. For purposes of paragraph (2), the term ‘taxable income derived from farming’ means the gross income derived from farming reduced by the deductions allowed by this chapter (other than by this section) which are attributable to the business of farming. “(c) Definitions.—For purposes of subsection (a)— “(1) The term ‘clearing of land’ includes (but is not limited to) the eradication of trees, stumps, and brush, the treatment or moving of earth, and the diversion of streams and watercourses. “(2) The term ‘land suitable for use in farming’ means land which as a result of the activities described in paragraph (1) is suitable for use by the taxpayer or his tenant tot the production of crops, fruits, or other agricultural products or for the sustenance of livestock. 76 Stat. 1064 “(d) Exceptions, etc.— “(1) Exceptions.— The expenditures to which subsection (a) applies shall not include— “(A) the purchase, construction, installation, or improvement of structures, appliances, or facilities which are of a character which is subject to the allowance for depreciation

26 USC 167.

 provided in section 167, or “(B) any amount paid or incurred which is allowable as a deduction without regard to this section. “(2) Certain property used in the clearing of land.— “(A) Allowance for depreciation.—The expenditures to which subsection (a) applies shall include a reasonable allowance for depreciation with respect to property of the taxpayer which is used in the clearing of land for the purpose of making such land suitable for use in farming and which, if used in a trade or business, would be property subject to the allowance for depreciation provided by section 167. “(B) Treatment as depreciation deduction.—For purposes of this chapter, any expenditure described in subparagraph (A) shall, to the extent allowed as a deduction under subsection (a), be treated as an amount allowed under section 167 for exhaustion, wear and tear, or obsolescence of the property which is used in the clearing of land. “(e) Election.—The election under subsection (a) for any taxable year shall be made within the time prescribed by law (including extensions thereof) for filing the return for such taxable year. Such election shall be made in such manner as the Secretary or his delegate may by regulations prescribe. Such election may not be revoked except with the consent of the Secretary or his delegate.”
(b)

26 USC 263.

 Conforming Amendment.—Section 263(a)(1) (relating to disallowance of deductions for capital expenditures) is amended by striking out “or” at the end of subparagraph (C), by striking out the period at the end of subparagraph (D) and inserting “, or”, and by adding at the end thereof the following new subparagraph: “(E) expenditures by farmers for clearing land deductible under section 182.” (c) Clerical Amendment.—The table of sections for such part VI is amended by adding at the end thereof the following: “Sec. 182. (d) Effective Date.— The amendments made by this section shall apply with respect to taxable years beginning after December 31, 1962.
SEC. 22. CHARITABLE CONTRIBUTIONS MADE FROM INCOME ATTRIBUTABLE TO SEVERAL TAXABLE YEARS. (a) Treatment for Purposes of Part I of Subchapter Q.— Section

26 USC 1307.

 1307 (relating to rules applicable to part I of subchapter Q) is amended by adding at the end thereof the following new subsection: “(e) Election With Respect to Charitable Contributions.— In the case of an individual who elects (in such manner and at such time as the Secretary or his delegate prescribes by regulations) to have the provisions of this subsection apply, an amount received or accrued to which this part applies shall be reduced, for purposes of computing the tax liability of the taxpayer under this part with respect to the amount so received or accrued, by an amount equal to that portion of (1) the amount of charitable contributions made by the taxpayer during the taxable year in which the amount is so received or accrued76 Stat. 1065 which are allowable as a deduction for such year under section 170

26 USC 170.

 (determined without regard to this part), as (2) the amount received or accrued to which this part applies is of the adjusted gross income for the taxable year (determined without regard to this part). In any case in which the taxpayer elects to have the provisions of the preceding sentence apply, for purposes of computing the limitation on tax under this part— “(1) only the same proportion of the amount to which this part applies shall be taken into account for purposes of computing the limitations under section 170(b)(1)(A) and (B) for taxable years before the taxable year in which such amount is received or accrued as (A) the excess of the maximum amount which could, if the taxpayer had made additional contributions described in clause (i), (ii), or (iii) of section 170(b)(1)(A), have been described in clause (1) of the preceding sentence over the amount described in such clause (1), bears to (B) such maximum amount, and “(2) the portion of the amount of charitable contributions described in the preceding sentence shall not be taken into account in computing the tax for the taxable year in which the amount to which this part applies is received or accrued.” (b) Effective Date.—The amendment made by subsection (a) shall apply with respect to amounts received or accrued in taxable years beginning after December 31, 1961.
SEC 23. EFFECTIVE DATE OF SECTION 1371(e) OF THE INTERNAL REVENUE CODE OF 1954. (a) In General.—Subject to the provisions of subsection (b), section 1371(c) of the Internal Revenue Code of 1954 (as added by

26 USC 1371.

 section 2(a) of the Act entitled “An Act to amend the Internal Revenue Code of 1951 to provide a personal exemption for children placed for adoption and to clarify certain provisions relating to the election of small business corporations as to taxable status”, approved September 23, 1959 (Public Law 86–376)), shall (notwithstanding the provisions of the first sentence of section 2(d) of such Act) also apply to taxable years beginning after December 31, 1957, and before January 1, 1960. (b) Election and Consent by Corporations: Consents by Shareholders.— Subsection (a) shall apply with respect to any corporation and its shareholders only if, within one year after the date of the enactment of this Act— (1) such corporation (in such manner as the Secretary of the Treasury or his delegate prescribes by regulations) elects to have the provisions of subsection (a) apply and consents to the application of subsection (c); and (2) each person who is a shareholder of such corporation on the date on which such corporation makes such election, and each person who was a shareholder of such corporation during any taxable year of such corporation beginning after December 31, 1957, and ending before the date of such election, consents (in such manner and at such time as the Secretary of the Treasury or his delegate prescribes by regulations) to such election amt to the application of subsection (c). (c) Tolling of Statutes of Limitations.—In any case in which a corporation makes an electiôn under subsection (b)— (1) if the assessment of any deficiency against the corporation making such election, or any shareholder of such corporation76 Stat. 1066 who consents to such election, for any taxable year is prevented, at any time on or before the expiration of one year after the date of such election, by the operation of any law or rule of law, assessment of such deficiency may, nevertheless, be made, to the extent such deficiency is attributable to the application of subsection (a), at any time on or before the expiration of such one-year period; and (2) if credit or refund of any overpayment of tax by the corporation making such election, or any shareholder of such corporation who consents to such election, for any taxable year is prevented, at any time on or before the expiration of one year after the date of such election, by the operation of any law or rule of law, credit or refund of such overpayment may, nevertheless, be allowed or made, to the extent such overpayment is attributable to the application of subsection (a), if claim therefor is filed on or before the expiration of such one-year period.
SEC. 24. CERTAIN LOSSES SUSTAINED IN CONVERTING FROM STREET RAILWAY TO BUS OPERATIONS. (a) In General.—If a corporation has a net operating loss for the taxable year ending December 31, 1953, or the taxable year ending December 31, 1954, principally as the result of conversion from street railways to bus operations with respect to part or all of the company’s operations, then its unused conversion loss will be subject to the treatment provided in subsection (c). (b) Unused Conversion Loss Defined.—The amount of the unused conversion loss shall be the sum of the part of the net operating loss for each year described in subsection (a) which (without regard to this section) would be carried over to the sixth taxable year following

26 USC 172.

 the loss year if section 172(b) of the Internal Revenue Code of 1954 (or, where applicable, section 122(b)(2)(B) of the Internal Revenue

64 Stat. 938.

 Code of 1939) permitted such a carryover. (c) Treatment of Unused Conversion Loss.—If a taxpayer has an unused conversion loss, then in determining the amount of the net operating loss carryover from the taxable year ending December 31, 1959, to each of the 5 taxable years following such taxable year for purposes of section 172 of the Internal Revenue Code of 1954, such unused conversion loss shall be treated as a net operating loss for the taxable year ending December 31, 1959. This subsection shall apply only for years in which the taxpayer is engaged in the furnishing or sale of transportation (as defined in section 1503(c)(1)(A) of the

26 USC 1503.

 Internal Revenue Code of 1954). (d) Regulations.—The Secretary of the Treasury, or his delegate, may prescribe by regulation such rules as may be necessary to carry out the purposes of this section.
SEC. 25. PENSION PLAN OF LOCAL UNION NUMBERED 435, INTERNATIONAL HOD CARRIERS’ BUILDING AND COMMON LABORERS’ UNION OF AMERICA. The pension plan of Local Union Numbered 435 of the International Hod Carriers’ Building and Common Laborers’ Union of America, which was negotiated to take effect May 1, 1980, pursuant to an agreement between such union and the Building Trades Employers Association of Rochester, New York, Incorporated, and which has been held by the Internal Revenue Sen ice to constitute a qualified

26 USC 401.

26 USC 501.

 trust under section 401(a) of the Internal Revenue Code of 1954, and to be exempt from taxation under section 501 (a) of such Code, shall be held and considered to have been a qualified trust under such sec-76 Stat. 1067tion 401(a), and to have been exempt from taxation under such section

26 USC 401.

26 USC 501.

 501(a), for the period beginning May 1, 1960, and ending April 20, 1961, but only if it is shown to the satisfaction of the Secretary of the Treasury or his delegate that the trust has not in this period been operated in a manner which would jeopardize the interests of its beneficiaries.
SEC. 26. CONTINUATION OF A PARTNERSHIP YEAR FOR SURVIVING PARTNER IN A TWO-MAN PARTNERSHIP WHERE ONE DIES. (a) Close of Taxable Year of Two-Man Partnership When One Partner Dies.— Section 188 of the Internal Revenue Code of 1939

53 Stat. 71.

 (relating to different taxable years of partner and partnership) is amended— (1) by striking out “If” and inserting in lieu thereof “(a) General Rule.—If”; and (2) by adding at the end of such section 188 the following new subsection: “(b) Two-Man Partnership.— For the purpose of this chapter, the death of one of the partners of a partnership consisting of two members shall not, if the surviving partner so elects within one year after the date of enactment of this subsection, result in the termination of the partnership or in the closing of the taxable year of the partnership with respect to the surviving partner prior to the time the partnership year would have closed if neither partner had died or disposed of his interest.” (b) Effective Date, etc.—The amendments made by subsection (a) shall apply with respect to taxable years of a partnership beginning after December 31, 1946, to which the Internal Revenue Code of 1939 applies. If refund or credit of any overpayment resulting from the application of the amendments made by subsection (a) of this section (including interest, additions to the tax, and additional amounts), is prevented on the date of enactment of this Act, or within one year from such date, by the operation of any law or rule of law (other than section 3760 of the Internal Revenue Code of 1939 or section 7121 of the Internal Revenue Code of 1954, relating to closing agreements, and other than section 3761 of the Internal Revenue Code of 1939 or

53 Stat. 462.

26 USC 7121.

53 Stat. 462.

26 USC 7122.

 section 7122 of the Internal Revenue Code of 1954, relating to compromises), such refund or credit of such overpayment, may, nevertheless, be made or allowed if claim therefor is filed within one year after the date of the enactment of this Act. No interest shall be allowed or paid on any overpayment resulting from the enactment of this section.
SEC. 27. EXCLUSION FROM GROSS INCOME OF CERTAIN AWARDS MADE PURSUANT TO EVACUATION CLAIMS OF JAPANESE-AMERICAN PERSONS. (a) In General.—No amount received as an award under the Act entitled “An Act to authorize the Attorney General to adjudicate certain claims resulting from evacuation of certain persons of Japanese ancestry under military orders”, approved July 2, 1948, as amended by Public Law 116, Eighty-second Congress, and Public Law 673, Eighty-fourth Congress (50 U.S.C. App., secs. 1981–1987), shall be included in gross income for purposes of chapter 1 of the Internal Revenue Code of 1939 or chapter 1 of the Internal Revenue Code of

53 Stat. 4.

26 USC 1 et seq.

 1954. (b) Effective Date, etc.—Subsection (a) shall apply with respect to taxable years ending after July 2, 1948. If refund or credit of any overpayment of Federal income tax resulting from the application76 Stat. 1068 of subsection (a)(including interest, additions to the tax, additional amounts, and penalties) is prevented on the date of the enactment of this Act, or within one year from such date, by the operation of any law or rule of law, the refund or credit of such overpayment may nevertheless be made or allowed if claim therefor is filed within one year after the date of enactment of this Act. In the case of a claim to which the preceding sentence applies, the amount to be refunded or credited as an overpayment shall not be diminished by any credit or set-off based upon any item other than the amount of the award referred to in subsection (a). No interest shall be allowed or paid on any overpayment resulting from the application of this section.
SEC. 28. DEDUCTION FOR DEPRECIATION BY TENANT-STOCKHOLDER OF COOPERATIVE HOUSING CORPORATION. (a)

26 USC 216.

 Alowance of Deduction.— Section 216 (relating to deductions by tenant-stockholders of a cooperative housing corporation) is amended by— (1) amending the heading thereof to read as follows:
“SEC. 216. DEDUCTION OF TAXES, INTEREST, AND BUSINESS DEPRECIATION BY COOPERATIVE HOUSING CORPORATION TENANT-STOCKHOLDER.”; and
(2) adding at the end of section 216 the following new subsection: “(c) Treatment as Property Subject to Depreciation.—So much of the stock of a tenant-stockholder in a cooperative housing corporation as is allocable, under regulations prescribed by the Secretary or his delegate, to a proprietary lease or right of tenancy in property

26 USC 167.

 subject to the allowance for depreciation under section 167(a) shall, to the extent such proprietary lease or right of tenancy is used by such tenant-stockholder in a trade or business or for the production of income, be treated as property subject to the allowance for depreciation under section 167(a). (b) Clerical Amendment.— The table of sections for part VII of subchapter B of chapter 1 is amended by striking out the item relating to section 216 and inserting in lieu thereof the following: “Sec. 216. (c) Effective Date.— The amendments made by subsection (a) shall be effective with respect to taxable years beginning after December 31, 1961.
SEC. 29. DEDUCTION FOR INCOME TAX PURPOSES OF CONTRIBUTIONS TO CERTAIN ORGANIZATIONS FOR JUDICIAL REFORM.

26 USC 170.

For purposes of section 170 of the Internal Revenue (’ode of 1954 (relating to deduction for charitable, etc., contributions and gifts), a contribution or gift made after December 31, 1961, with respect to a referendum occurring during the calendar year 1962 to or for the use of any nonprofit organization created and operated exclusively— (1) to consider proposals for the reorganization of the judicial branch of the government of any State of the United States or political subdivision of such State, and (2) to provide information, make recommendations, and seek public support or opposition as to such proposals, shall be treated as a charitable contribution if no part of the net earnings of such organization inures to the benefit of any private shareholder or individual. The provisions of the preceding sentence shall not. apply to any organization which participates in, or intervenes in, any political campaign on behalf of any candidate for public office.
76 Stat. 1069
SEC. 30. EFFECTIVE DATE OF AMENDMENT TO SECTION 1374(b).The amendment made by section 2(b) of Public Law 86–376 (73 Stat. 699) shall take effect on September 2, 1958.
SEC. 31. TREATIES. Section 7852(d) of the Internal Revenue Code of 1954 (relating to

26 USC 7852.

 treaty obligations) shall not apply in respect of any amendment made by this Act.
Approved October 16, 1962, 10:30 a. m.
Public Law 87–835: To amend the National Science Foundation Act of 1950 to require certain additional information to be filed by an applicant for a scholarship or fellowship, and to amend the National Defense Education Act of 1958 with respect to certain requirements for payments or loans under the provisions of such Act, and for other purposes. Public Law 835 Public Law 87–835 76 Stat. 1069 1962-10-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public Public Law 87–835
AN ACT To amend the National Science Foundation Act of 1950 to require certain additional information to be filed by an applicant for a scholarship or fellowship, and to amend the National Defense Education Act of 1958 with respect to certain requirements for payments or loans under the provisions of such Act, and for other purposes.

October 16, 1962

[H. R. 8556]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 16(d)

National Science Foundation.

Scholarships.

64 Stat. 156; 72 Stat. 353.

42 USC 1874.

Oath.

 of the National Science Foundation Act of 1950 is amended to read as follows: “(d) (1) No part of any funds appropriated or otherwise made available for expenditure by the Foundation under authority of this Act shall be used to make payments under any scholarship or fellowship awarded to any individual under section 10, unless such individual— “(A) has taken and subscribed to an oath or affirmation in the following form: ‘I do solemnly swear (or affirm) that I bear true faith and allegiance to the United States of America and will support, and defend the Constitution and laws of the United States against all its enemies, foreign and domestic’; and “(B) has provided the Foundation (in the case of applications

Criminal record, statement.

 made on or after October 1, 1962) with a full statement regarding any crimes of which he has ever been convicted (other than crimes committed before attaining sixteen years of age and minor traffic violations for which a fine of $25 or less was imposed) and regarding any criminal charges punishable by confinement of thirty days or more which may be pending against him at the time of has application for such scholarship or fellowship. The provisions of section 1001 of title 18, United States Code, shall

62 Stat. 749.

 be applicable with respect to the oath or affirmation and statement herein required. “(2) (A) When any Communist organization, as defined in paragraph (5) of section 3 of the Subversive Activities Control Act of 1950, is registered or there is in effect a final order of the Subversive

68 Stat. 777.

50 USC 782.

 Activities Control Board requiring such organization to register, it shall be unlawful for any member of such organization with knowledge or notice that such organization is so registered or that such order has become final (i) to make application for any scholarship or fellowship which is to be awarded from funds part or all of which are appropriated or otherwise made available for expenditure under76 Stat. 1070 the authority of section 10 of this Act, or (ii) to use or attempt to use any such award. “(B)

Penalty.

 Whoever violates subparagraph (A) of this paragraph shall be fined not more than $10,000, or imprisoned not more than five years, or both.”
Sec. 2.

Refusal or revocation authority.

42 USC 1869.

 Section 10 of the National Science Foundation Act of 1950 is amended by adding at the end thereof the following new sentence: “Nothing contained in this Act shall prohibit the Foundation from refusing or revoking a scholarship or fellowship award, in whole or in part, in the case of any applicant or recipient, if the Board is of the opinion that such award is not in the best interests of the United States.”
Sec. 3.

National defense education.

72 Stat. 1602.

20 USC 581.

Oath.

 Section 1001 of the National Defense Education Act of 1958 is amended by striking out subsection (f) and inserting in lieu thereof the following’: “(f) (1) No part of any funds appropriated or otherwise made available for expenditure under the authority of this Act shall be used to make payments or loans to any individual unless such individual has taken and subscribed to an oath or affirmation in the following form: ‘I do solemnly swear (or affirm) that I bear true faith and allegiance to the United States of America and will support and defend the Constitution and laws of the United States against all its enemies, foreign and domestic’ “(2)

Criminal record, statement.

72 Stat. 1590, 1593.

20 USC 461, 511.

 No fellowship or stipend shall be awarded to any individual under the provisions of title IV or of part A of title VI of this Act unless such individual has provided the Commissioner (in the case of applications made on or after October 1, 1962) with a full statement regarding any crimes of which he has ever been convicted (other than crimes committed before attaining sixteen years of age and minor traffic violations for which a fine of $25 or less was imposed) and regarding any criminal charges punishable by confinement of thirty days or more which may be pending against him at the time of his application for such fellowship or stipend. “(3)

62 Stat. 749.

 The provisions of section 1001 of title 18, United States Code, shall be applicable with respect to the oath or affirmation required under paragraph (1) of this subsection and to the statement required under paragraph (2). “(4) (A) When any Communist organization, as defined in paragraph (5) of section 3 of the Subversive Activities Control Act of

68 Stat. 777.

50 USC 782.

 1950, is registered or there is in effect a final order of the Subversive Activities Control Board requiring such organization to register, it shall be unlawful for any member of such organization with knowledge or notice that such organization is so registered or that such order has become final (i) to make application for any payment or loan which is to be made from funds part or all of which are appropriated or otherwise made available for expenditure under the authority of this Act, or (ii) to use or attempt to use any such payment or loan. “(B)

Penalty.

 Whoever violates subparagraph (A) of this paragraph shall be fined not more than $10,000 or imprisoned not more than five years, or both. “(g)

Refusal or revocation authority.

 Nothing contained in this Act shall prohibit the Commissioner from refusing or revoking a fellowship award under title IV of this Act, in whole or in part, in the case of any applicant or recipient, if the Commissioner is of the opinion that such award is not in the best interests of the United States.”
Approved October 16, 1962.
Public Law 87–836: For the relief of certain officers and enlisted personnel of the 1202d Civil Affairs Group (Reinf Tng), Fort Hamilton, Brooklyn, New York. Public Law 836 Public Law 87–836 76 Stat. 1071 1962-10-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1071 Public Law 87–836
AN ACT For the relief of certain officers and enlisted personnel of the 1202d Civil Affairs Group (Reinf Tng), Fort Hamilton, Brooklyn, New York.

October 16, 1962

[H. R. 9199]

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

Armed Forces.

Civil Affairs Group, relief.
That all officers, warrant, officers, and enlisted personnel assigned to the 1202d Civil Affairs Group (Reinf Tng), Fort Hamilton, Brooklyn, New York, during the period commencing December 1, 1959, and ending on November 30, 1960, are relieved of all liability to refund to the United States the amounts, which were otherwise correct, erroneously received by them as pay for participating in inactive duty training assemblies conducted by the 1202d Civil Affairs Group (Reinf Tng) during the period commencing on December 1, 1959, and ending on November 30, 1960.
Sec. 2. If any member or former member of the 1202d Civil Affairs Group (Reinf Tng) has at any time refunded to the United States all or apart of the erroneous payments with which this Act is concerned, the Secretary of Treasury is authorized to pay, out of appropriations available for the pay and allowances of members of the uniformed services, to that person the amount he or she repaid.
Approved October 16, 1962.
Public Law 87–837: To prohibit the use by collecting agencies and private detective agencies of any name, emblem, or insignia which reasonably tends to convey the impression that any such agency is an agency of the government of the District of Columbia. Public Law 837 Public Law 87–837 76 Stat. 1071 1962-10-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–837
AN ACT To prohibit the use by collecting agencies and private detective agencies of any name, emblem, or insignia which reasonably tends to convey the impression that any such agency is an agency of the government of the District of Columbia.

October 16, 1962

[S. 2795]

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

D. C.

Insignia of detective and collection agencies.
That no person engaged in the business of collecting or aiding in the collection of private debts or obligations, or engaged in furnishing private police, investigation, or other private detective services, shall use as part of the name of such business, or employ in any communication, correspondence, notice, advertisement, circular, or other writing or publication, die words “District of Columbia”, “District”, the initials “D.C.”, or any emblem or insignia utilizing any of the said terms as part of its design, in such manner as reasonably to convey the impression or belief that such business is a department, agency, bureau, or instrumentality of the municipal government of the District of Columbia or in any manner represents the District of Columbia. As used in this Act, the word “person” means and includes individuals,

“Person.”

 associations, partnerships, and corporations.
Sec. 2. Any person who violates this Act shall be punished by a

Penalty.

 fine of not more than $300 or by imprisonment for not more than ninety days, or by both such fine and imprisonment.
Sec. 3. All prosecutions for violations of this Act shall be conducted

Prosecutions for violations.

 in the name of the District of Columbia by the Corporation Counsel or any of his assistants. As used in this Act the term “Corporation Counsel” means the attorney for the District of Columbia, by whatever title such attorney may be known, designated by the Board of Commissioners of the District of Columbia to perform the functions prescribed for the Corporation Counsel in this Act.
Approved October 16, 1962.
Public Law 87–838: To amend the Public Health Service Act to provide for the establishment of an Institute of Child Health and Human Development, to extend for three additional years the authorization for grants for the construction of facilities for research in the sciences related to health, and for other purposes. Public Law 838 Public Law 87–838 76 Stat. 1072 1962-10-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1072 Public Law 87–838
AN ACT To amend the Public Health Service Act to provide for the establishment of an Institute of Child Health and Human Development, to extend for three additional years the authorization for grants for the construction of facilities for research in the sciences related to health, and for other purposes.

October 17, 1962

[H. R. 11099]

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

Public Health Service Act, amendment.

58 Stat. 707.

42 USC 281–289c.
That title IV of the Public Health Service Act (42 U.S.C., ch. 6A, subch. Ill) is amended by adding at the end thereof the following new part: “Part E—Institutes of Child Health and Human Development and of General Medical Sciences
“establishment of institute of child health and human development “Sec. 441. The Surgeon General is authorized, with the approval of the Secretary, to establish in the Public Health Service an institute for the conduct and support of research and training relating to maternal health child health, and human development, including research and training in the special health problems and requirements of mothers and children and in the basic sciences relating to the processes of human growth and development, including prenatal development.
“Establishment of institute of general medical sciences “Sec. 442. The Surgeon General is authorized, with the approval of the Secretary, to establish in the Public Health Service an institute for the conduct and support of research and research training in the general or basic medical sciences and related natural or behavioral sciences which have significance for two or more other institutes, or are outside the general area of responsibility of any other institute, established under or by this Act.
“Establishment of advisory councils “Sec. 443. (a) The Surgeon General is authorized, with the approval of the Secretary, to establish an advisory council to advise, consult with, and make recommendations to the Surgeon General on matters relating to the activities of the institute established under section 441. He may also, with such approval, establish such a council with respect to the activities of the institute established under section 442. “(b) The provisions relating to the composition, terms of office of members, and reappointment of members of advisory councils under

64 Stat. 444.

42 USC 289b.

section 432(a) shall be applicable to any council established under this section, except that, in lieu of the requirement in such sections that six of the members be outstanding in the study, diagnosis, or treatment of a disease or diseases, six of such members shall be selected from leading medical or scientific authorities who are outstanding in the field of research or training with respect to which the council is being established, and except that the Surgeon General, with the approval of the Secretary, may include on any such council established under this section such additional ex officio members as he deems necessary in the light of the functions of the institute with respect to which it is established. 76 Stat. 1073 “(c) Upon appointment of any such council, it shall assume all or such part as the Surgeon General may, with the approval of the Secretary, specify of the duties, functions, and powers or the National Advisory Health Council relating to the research or training projects with which such council established under this part is concerned and such portion as the Surgeon General may specify (with such approval) of the duties, functions, and powers of any other advisory council established under this Act relating to such projects.
“functions “Sec. 444. The Surgeon General shall, through an institute established under this part, carry out the purposes of section 301 with

58 Stat. 691.

42 USC 241.

 respect to the conduct and support of research which is a function of such institute, except that the Surgeon General shall, with the approval of the Secretary, determine the areas in which and the extent to which he will carry out such purposes of section 301 through such institute or an institute established by or under other provisions of this Act, or both of them, when both such institutes have functions with respect, to the same subject matter. The Surgeon General is also authorized to provide training and instruction and establish and maintain traineeships and fellowships, in the institute established under section 441 and elsewhere in matters relating to diagnosis, prevention, and treatment of a disease or diseases or in other aspects of maternal health, child health, and human development, with such stipends and allowances (including travel and subsistence expenses) for trainees and fellows as he deems necessary, and, in addition, provide for such training, instruction, and traineeships and for such fellowships through grants to public or other nonprofit institutions.
“preservation of existing authority “Sec. 445. Nothing in this part shall be construed as affecting the authority of the Secretary under section 2 of the Act of April 9, 1912 (42 U.S.C. 192), or title V of the Social Security Act (42 U.S.C., ch. 7,

37 Stat. 79.

42 USC 701–731.

 subch. V), or as affecting the authority of the Surgeon General to utilize institutes established under other provisions of this Act for research or training activities relating to maternal health, child health, and human development or to the general medical sciences and related sciences.”
Sec. 2. Section 301(d) of the Public Health Service Act is amended

62 Stat. 601.

42 USC 241.

 by striking out the words “research projects” wherever they appear therein and inserting in lieu thereof “research or research training projects”.
Sec. 3. Title II of the Public Health Service Act is amended by

70A Stat. 619.

42 USC 202–218a.

 adding after section 221 the following new section:
“advisory committees “Sec. 222. (a) The Surgeon General may, without regard to the civil service laws, and subject to the Secretary’s approval in such cases as the Secretary may prescribe, from time to time appoint such advisory committees (in addition to those authorized to be established under other provisions of law), for such periods of time, as he deems desirable for the purpose of advising him in connection with any of his functions. 76 Stat. 1074 “(b) Members of any advisory committee appointed under this section who are not regular full-time employees of the United States shall, while attending meetings or conferences of such committee or otherwise engaged on business of such committee receive

64 Stat. 447.

42 USC 210.

compensation and allowances as provided in section 208(c) for members of national advisory councils established under this Act. “(c) Upon appointment of any such committee, the Surgeon General, with the approval of the Secretary, may transfer such of the functions of the National Advisory Health Council relating to grants-in-aid for research or training projects in the areas or fields with which such committee is concerned as he determines to be appropriate.”
Sec. 4.

75 Stat. 827.

42 USC 292c.

 (a) Section 704 of the Public Health Service Act is amended by striking out “six” and inserting in lieu thereof “nine”. (b)

42 USC 292d.

 Section 705(a) of such Act is amended by striking out “1962” and inserting in lieu thereof “1965”.
Approved October 17, 1962.
Public Law 87–839: To amend the Merchant Marine Act, 1936, to develop American flag carriers and promote the foreign commerce of the United States through the use of mobile trade fairs. Public Law 839 Public Law 87–839 76 Stat. 1074 1962-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–839
AN ACT To amend the Merchant Marine Act, 1936, to develop American flag carriers and promote the foreign commerce of the United States through the use of mobile trade fairs.

October 18, 1962

[S. 3389]

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

Mobile trade fairs.

49 Stat. 1985.

46 USC 1111.

70 Stat. 332.
, That title II of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1101 et seq.), is amended by adding immediately after section 212(A) thereof (46 U.S.C. 1122a) the following new section:
“Sec. 212. (B) (a) The Secretary of Commerce shall encourage and promote the development and use of mobile trade fairs which are designed to show and sell the products of United States business and agriculture at foreign ports and at other commercial centers throughout the world where the operator or operators of the mobile trade fairs exclusively use United States flag vessels and aircraft in the transportation of their exhibits. “(b) The Secretary of Commerce is authorized to provide to the operator or operators of such mobile trade fairs technical assistance and support as well as financial assistance for the purpose of defraying certain expenses incurred abroad, when the Secretary determines that such operations provide an economical and effective means of promoting export sales. “(c)

Appropriation.

 There is authorized to be appropriated not to exceed $500,000 per fiscal year for each of the three fiscal years during the period

Foreign currencies.

beginning July 1, 1962, and ending June 30, 1965. In addition to such appropriated sums, the President shall make maximum use of foreign currencies owned by or owed to the United States to carry out the purposes of this section. “(d)

Report to Congress.

 The Secretary of Commerce shall submit annually to the Congress a report on his activities under this Act.”
Sec. 2. Section 104(m) of the Agricultural Trade Development and

72 Stat. 1790.

7 USC 1704.

Assistance Act of 1954, as amended, is amended by inserting immediately before and (B)” the following: “or section 212(B) of the Merchant Marine Act, 1936”.
Approved October 18, 1962.
Public Law 87–840: To amend the Act of January 2, 1951, prohibiting the transportation of gambling devices in interstate and foreign commerce. Public Law 840 Public Law 87–840 76 Stat. 1075 1962-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1075 Public Law 87–840
AN ACT To amend the Act of January 2, 1951, prohibiting the transportation of gambling devices in interstate and foreign commerce.

October 18, 1962

[S. 1658]

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

Gambling Devices Act of 1962.
That this Act may be cited as the “Gambling Devices Act of 1962.”
Sec. 2. (a) Subparagraph (2) of paragraph (a) of the first section of the Act of January 2, 1951 (64 Stat. 1134; 15 U.S.C. 1171), is amended to read as follows: “(2) any other machine or mechanical device (including, but not limited to, roulette wheels and similar devices) designed and manufactured primarily for use in connection with gambling, and (A) which when operated may deliver, as the result of the application of an element of chance, any money or property, or ( B) by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or”. (b) Subparagraph (3) of paragraph (a) of the first section of such Act is amended by inserting immediately before the period at the end thereof the following: “, but which is not attached to any such machine or mechanical device as a constituent part”.
Sec. 3. The first section of such Act is further amended by striking out “Alaska, Hawaii” in paragraph (b) thereof and inserting in lieu thereof “the District of Columbia”, and adding at the end of such section the following new paragraphs: “(d) The term ‘interstate or foreign commerce’ means commerce (1) between any State or possession of the United States and any place outside of such State or possession, or (2) between points in the same State or possession of the United States but through any place outside thereof. “(e) The term ‘intrastate commerce’ means commerce wholly within one State or possession of the United States.”
Sec. 4. The first paragraph of section 2 of the Act of January 2, 1951,

15 USC 1172.

 is amended by inserting immediately before the period at the end thereof a comma and the following: “nor shall this section apply to any gambling device used or designed for use at and transported to licensed gambling establishments where betting is legal under applicable State laws: Provided farther, That it shall not be unlawful to transport in interstate or foreign commerce any gambling device into any State in which the transported gambling device is specifically enumerated as lawful in a statute of that State”.
Sec. 5. Section 3 of the Act of January 2, 1951, is amended to read

15 USC 1173.

 as follows:
“Sec. 3. (a) (1) It shall be unlawful for any person engaged in the

Manufacturers and dealers.

Registration.

 business of manufacturing gambling devices, it the activities of such business in any way affect interstate or foreign commerce, to manufacture any gambling device during any calendar year, unless, after November 30 of the preceding calendar year, and before the date on which such device is manufactured, such person has registered with the Attorney General under this subsection, regardless of whether such device ever enters interstate or foreign commerce. “(2) It shall be unlawful for any person during any calendar year to engage in the business of repairing, reconditioning, buying, selling, leasing, using, or making available for use by others any gambling device, if in such business he sells, ships, or delivers any such device knowing that it will be introduced into interstate or foreign commerce 76 Stat. 1076after the effective date of the Gambling Devices Act of 1962, unless, after November 30 of the preceding calendar year, and before the date such sale, shipment, or delivery occurs, such person has registered with the Attorney General under this subsection. “(3) It shall be unlawful for any person during any calendar year to engage in the business of repairing, reconditioning, buying, selling, leasing, using, or making available for use by others any gambling device, if in such business he buys or receives any such device knowing that it has been transported in interstate or foreign commerce after the effective date of the Gambling Devices Act of 1962, unless, after November 30 of the preceding calendar year and before the date on which he buys or receives such device, such person has registered with the Attorney General under this subsection. “(4)

Registration data.

 Each person who registers with the Attorney General pursuant to this subsection shall set forth in such registration (A) his name and each trade name under which he does business, (B) the address of each of his places of business in any State or possession of the United States, (C) the address of a place, in a State or possession of the United States in which such a place of business is located, where he will keep all records required to be kept by him by subsection (c) of this section, and (D) each activity described in paragraph (1), (2), or (3) of this subsection which he intends to engage in during the calendar year with respect to which such registration is made. “(b)

Numbering of devices.

 (1)

Records.

 Every manufacturer of a gambling device defined in paragraph (a)(1) or (a)(2) of the first section of this Act shall number seriatim each such gambling device manufactured by him and permanently affix on each such device, so as to be clearly visible, such number, his name, and, if different, any trade name under which he does business, and the date of manufacture of such device. “(2) Every manufacturer of a gambling device defined in paragraph (a) (3) of the first section of this Act shall, if the size of such device permits it, number seriatim each such gambling device manufactured by him and permanently affix on each such device, so as to be clearly visible, such number, his name, and, if different, any trade name under which he does business, and the date of manufacture of such device. “(c) (1) Every person required to register under subsection (a) of this section for any calendar year shall, on and after the date of such registration or the first day of such year ( whichever last occurs), maintain a record by calendar month for all periods thereafter in such year of— “(A) each gambling device manufactured, purchased, or otherwise acquired by him, “(B) each gambling device owned or possessed by him or in his custody, and “(C) each gambling device sold, delivered, or shipped by him in intrastate, interstate, or foreign commerce. “(2) Such record shall show— “(A) in the case of each such gambling device defined in paragraph (a)(1) or (a)(2) of the first section of this Act, the information which is required to be affixed on such gambling device by subsection (b)(1) of this section; and “(B) in the case of each such gambling device defined in paragraph (a) (3) of the first section of this Act. the information required to be affixed on such gambling device by subsection (b)(2) of this section, or, if such gambling device does not have affixed on it any such information, its catalog listing, description, and, in the case of each such device owned or possessed by him or in his custody, its location. 76 Stat. 1077 Such record shall also show (i) in the case of any such gambling device described in paragraph (1)(A) of this subsection, the name and address of the person from whom such device was purchased or acquired and the name and address of the carrier; and (ii) in the case of any such gambling device described in paragraph (1) (C) of this subsection, the name and address of the buyer and consignee thereof and the name and address of the carrier. “(d) Each record required to be maintained under this section

Retention of records.

 shall lie kept by the person required to make it at the place designated by him pursuant to subsection (a) (4) (C) of this section for a period of at least five years from the last day of the calendar month of the year with respect to which such record is required to be maintained. “(e) (1) It shall be unlawful (A) for any person during any period in which he is required to be registered under subsection (a) of this section to sell, deliver, or ship in intrastate, interstate, or foreign commerce or own, possess, or have in his custody any gambling device which is not marked and numbered as required by subsection (b) of this section; or (B) for any person to remove, obliterate, or alter any mark or number on any gambling device required to be placed thereon by such subsection (b). “(2) It shall be unlawful for any person knowingly to make or cause to be made, any false entry in any record required to be kept under this section. “(f) Agents of the Federal Bureau of Investigation shall, at any

FBI, authority.

 place designated pursuant to subsection (a) (4) (C) of this section by any person required to register by subsection (a) of this section, at all reasonable times, have access to and the right to copy any of the records required to be kept by this section, and, in case of refusal by any person registered under such subsection (a) to allow inspection and copying of such records, the United States district court for the district in which such place is located shall have jurisdiction to issue an order compelling production of such records for inspection or copying.”
Sec. 6. The Act of January 2, 1951, is amended by adding at the

64 Stat. 1134.

15 USC 1171.

 end thereof the following new section:
“Sec. 9. None of the provisions of this Act shall be construed to

Nonapplicability

 apply— “(1) to any machine or mechanical device designed and manufactured primarily for use at a racetrack in connection with parimutuel betting, “(2) to any machine or mechanical device, such as a coin-operated bowling alley, shuffle board, marble machine (a so-called pinball machine), or mechanical gun, which is not designed and manufactured primarily for use in connection with gambling, and (A) which when operated does not deliver, as a result of the application of an element of chance, any money or property, or (B) by the operation of which a person may not become entitled to receive, as the result of the application of an element of chance, any money or property, or “(3) to any so-called claw, crane, or digger machine and similar devices which are not operated by coin, are actuated by a crank, and are designed and manufactured primarily for use at carnivals or county or State fairs.”
Sec. 7. The amendments made by this Act shall take effect on the

Effective date.

 sixtieth day after the date of its enactment.
Approved October 18, 1962.
Public Law 87–841: Authorizing an appropriation to enable the United States to extend an invitation to the Food and Agriculture Organization of the United Nations to hold a World Food Congress in the United States in 1963. Public Law 841 Public Law 87–841 76 Stat. 1078 1962-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1078 Public Law 87–841
AN ACT Authorizing an appropriation to enable the United States to extend an invitation to the Food and Agriculture Organization of the United Nations to hold a World Food Congress in the United States in 1963.

October 18, 1962

[S. 3679]

 Whereas the President, in giving his full endorsement and support of the United States Government’s food-for-peace program and for the freedom-from-hunger campaign of the Food and Agriculture Organization of the United Nations, recognized the necessity for emphasizing the willingness of the United States Government to share its food abundance and agricultural knowledge; and Whereas the Food and Agriculture Organization of the United Nations pursuant to a resolution of the tenth FAO Conference authorized the Director-General to make preparations for a World Food Congress in 1963 to mark the midpoint of the five-year world-wide freedom-from-hunger campaign and the twentieth anniversary of the Hot Springs Conference, which resulted in the establishment of the FAO; and Whereas the freedom-from-hunger campaign in the United States is sponsored by the American Freedom From Hunger Foundation, Incorporated, and by the American Food for Peace Council through its Freedom-From-Hunger Committee; and Whereas the United States food-for-peace program and the FAO’s freedom-from-hunger campaign are both directed toward the promotion of international cooperation and good will through the alleviation of hunger and malnutrition; and Whereas the Congress will bring together a wide cross section of participants in these activities, review the progress of the campaign, focus attention on current and future problems involved in providing adequate food to meet the needs or the world’s rapidly expanding population, and consider and recommend measures and policies necessary for this purpose; and Whereas it is particularly fitting that the United States of America should cooperate with the FAO to convene a World Food Congress to further the programs of both the food-for-peace program and the freedom-from-hunger campaign; and Whereas the United States of America as the inviting government is expected to provide the conference facilities and to pay certain expenses not borne by the FAO; Therefore Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

World Food Congress.

Appropriation for expenses.
That there is authorized to be appropriated to the Department of State, out of any money in the Treasury not otherwise appropriated, a sum not to exceed $300,000 for the purpose of defraying the expenses incident to organizing and holding the World Food Congress in the United States. Funds appropriated pursuant to this authorization shall be available for advance contribution or reimbursement to the Food and Agriculture Organization of the United Nations for certain costs incurred by the Organization in holding the World Food Congress in the United States and shall be available for expenses incurred by the Department of State, on behalf of the United States as host government, including personal services without regard to civil service and classification laws; employment of aliens; printing and binding, without regard to section 11 of the Act of March 1, 1919 (44 U.S.C. 11); travel expenses; rent of quarters by contract or otherwise; hire of passenger motor vehicles; and official functions and courtesies.
76 Stat. 1079
Sec. 2. The Secretary of State is authorized to accept and use contributions

Contributions accepted.

 of funds, property, services, and facilities for the purpose of organizing and holding the World Food Congress in the United States.
Approved October 18, 1962.
Public Law 87–842: To direct the Franklin Delano Roosevelt Memorial Commission to consider possible changes in the winning design for the proposed memorial or the selection of a new design for such memorial. Public Law 842 Public Law 87–842 76 Stat. 1078 1962-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–842
JOINT RESOLUTION To direct the Franklin Delano Roosevelt Memorial Commission to consider possible changes in the winning design for the proposed memorial or the selection of a new design for such memorial.

October 18, 1962

[H. J. Res. 712]

 Whereas by joint resolution approved August 11, 1955, the Franklin

69 Stat. 694.

 Delano Roosevelt Memorial Commission was duly established for the purpose of formulating plans for the design, construction, and location of a permanent memorial to Franklin Delano Roosevelt in the city of Washington or its environs: and Whereas by joint resolution approved September 1, 1959, there was

73 Stat. 445.

 reserved as a site for said memorial that portion of the West Potomac Park in the District of Columbia which lies between Independence Avenue and the inlet bridge; and the said Commission was authorized to hold a competition for the proposed memorial, and to award a prize of $50,000 to the winner thereof; and Whereas the competition was duly held, and the winning prize was awarded to Pedersen and Tilney, of New York, by the jury of award; and Whereas the winning design was thereafter approved by the said Commission, with the inclusion of a statue or bas-relief of President Roosevelt, and the result of the competition and the approval of the winning design duly reported to the President and to the Congress, as provided by the joint resolution of September 1, 1959; and Whereas said design has created considerable controversy and is subject to specific criticism, and lacks the approval of the Commission of Fine Arts: Therefore be it Resolved by the Senate and Howe of Representatives of the United States of America in Congress assembled,

Franklin Delano Roosevelt memorial.

Changes or modifications.

69 Stat. 694.
That pursuant to Public Law 372, Eighty-fourth Congress, the Franklin Delano Roosevelt Memorial Commission is hereby authorized and directed to consult with the Commission of Fine Arts to determine whether the winning design of Pedersen and Tilney, of New York, may be so changed or modified to secure the approval of the Commission of Fine Arts. If it is determined that such changes or modifications are not practical, the Commission is authorized and directed to select, with the advice and approval of the Commission of Fine Arts, such other design among those already submitted in the competition for the proposed memorial, or to consider a living memorial such as the stadium, an educational institution, information center, memorial park or any other suitable or worthy project.
Sec. 2. The Commission shall report its findings and recommendations

Report to Congress.

 to the Congress for its approval and to the President not later than June 30, 1963.
Sec. 3. There is authorized to be appropriated not more than $25,000

Appropriation.

 to carry out the provisions of this joint resolution.
Approved October 18, 1962.
Public Law 87–843: Making appropriations for the Departments of State, Justice, and Commerce, the Judiciary, and related agencies for the fiscal year ending June 30, 1963, and for other purpose. Public Law 843 Public Law 87–843 76 Stat. 1080 1962-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1080 Public Law 87–843
JOINT RESOLUTION Making appropriations for the Departments of State, Justice, and Commerce, the Judiciary, and related agencies for the fiscal year ending June 30, 1963, and for other purpose.

October 18, 1962

[H. R. 12580]

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

Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1963.
, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of State, Justice, and Commerce, the Judiciary, and related agencies for the fiscal year ending June 30, 1963, namely:
<num value="I">TITLE I</num> <appropriations level="intermediate"><heading>Administration of Foreign Affairs</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the Department of State, not otherwise provided for, including expenses authorized by the Foreign Service <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/999">60 Stat. 999</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/831">74 Stat. 831</ref>.</p></sidenote>Act of 1946, as amended (22 U.S.C. 801–1158), not otherwise provided for; expenses necessary to meet the responsibilities and obligations of the United States in Germany (including those arising under the supreme authority assumed by the United States on June 5, 1945. and under contractual arrangements with the Federal Republic of Germany); salary of the United States member of the Board for the Validation of German Bonds in the United States at the rate of $17,100 per annum; expenses of the National Commission on Educational, Scientific, and Cultural Cooperation as authorized by sections 3, 5, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/713">60 Stat. 713</ref>.</p></sidenote>and 6 of the Act of July 30, 1946 (22 U.S.C. 287o, 287q, 287r); purchase (not to exceed sixteen, of which four are for replacement only) or hire of passenger motor vehicles; printing and binding outside the continental United States without regard to section 11 of the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/405">63 Stat. 405</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>March 1, 1919 (44 U.S.C. Ill); services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); purchase of uniforms; payment of tort claims, in the manner authorized in the first <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/62">63 Stat. 62</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/471">73 Stat. 471</ref>.</p></sidenote>paragraph of section 2672, as amended, of title 28 of the United States Code when such claims arise in foreign countries; dues for library membership in organizations which issue publications to members only, or to members at a price lower than to others; employment of aliens by contract for services abroad; refund of fees erroneously charged and paid for passports; radio communications; payment in advance for subscriptions to commercial information, telephone and similar services abroad; care and transportation of prisoners and persons <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/825">62 Stat. 825</ref>.</p></sidenote>declared insane; expenses, as authorized by law (18 U.S.C. 3192). of bringing to the United States from foreign countries persons charged with crime; and procurement by contract or otherwise, of services, supplies, and facilities, as follows: (1) translating, (2) analysis and tabulation of technical information, and (3) preparation of special maps, globes, and geographic aids; $141,210,000, of which not less than $12,000,000 shall be used to purchase foreign currencies or credits owed to or owned by the Treasury of the United States: <proviso><i>Provided</i>, That passenger motor vehicles in possession of the Foreign Service abroad may be replaced in accordance with section 7 of the Act of August 1, 1956 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s170l">5 USC 170<i>l</i></ref>.</p></sidenote>(70 Stat. 891), and the cost, including the exchange allowance, of each such replacement shall not exceed $3,800 in the case of the chief of mission automobile at each diplomatic mission (except that eight such vehicles may be purchased at not to exceed $7,800 each) and $1,500 in the case of all other such vehicles except station wagons.</proviso> </content> </appropriations> </appropriations> <page identifier="/us/stat/76/1081">76 <inline class="smallCaps">Stat</inline>. 1081</page> <appropriations level="intermediate"><heading>representation allowances</heading> <content class="firstIndent1 fontsize10">For representation allowances as authorized by section 901 of the Foreign Service Act of 1946 (22 U.S.C. 1131), $950,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/801">74 Stat. 801</ref>.</p></sidenote> </content> </appropriations> <appropriations level="small"><heading>operation and maintenance of buildings abroad</heading> <content class="firstIndent1 fontsize10">For necessary expenses of maintenance, operation, repair, and payment of leaseholds of properties acquired pursuant to the Foreign Service Buildings Act, 1926, as amended (22 U.S.C. 292–300), including<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/44/403">44 Stat. 403</ref>.</p></sidenote> personal services in the United States and abroad; salaries, expenses, and allowances of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158); and services as authorized by section 15 of the Act of August<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/999">60 Stat. 999</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> 2, 1946 (5 U.S.C. 55a), $10,000,000, of which not less than $7,000,000 shall be used to purchase foreign currencies or credits owed to or owned by the Treasury of the United States, to remain available until expended: <proviso><i>Provided</i>, That not to exceed $1,323,000 may be used for administrative expenses during the current fiscal year.</proviso> </content> </appropriations> <appropriations level="small"><heading>acquisition, operation, and maintenance of buildings abroad (special foreign currency program)</heading> <content class="firstIndent1 fontsize10">For purchase of foreign currencies which accrue under title I of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), for the purposes authorized by section<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/455">68 Stat. 455</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1790">72 Stat. 1790</ref>.</p></sidenote> 104(1) of that Act, to be credited to and expended under the appropriation account for “<quotedText>Acquisition, operation, and maintenance of buildings abroad</quotedText>”, to remain available until expended, $2,205,000: <proviso><i>Provided</i>, That this appropriation shall not be used for the purchase of currencies available in the Treasury for the purposes or section 104(f) of such Act, unless such currencies are excess to the normal requirements of the United States.</proviso> </content> </appropriations> <appropriations level="small"><heading>emergencies in the diplomatic and consular service</heading> <content class="firstIndent1 fontsize10">For expenses necessary to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service, to be expended pursuant to the requirement of section 291 of the Revised Statutes (31 U.S.C. 107), $1,500,000. </content> </appropriations> <appropriations level="intermediate"><heading>International Organizations and Conferences</heading> <appropriations level="small"><heading>contributions to international organizations</heading> <content class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary to meet annual obligations of membership in international multilateral organizations, pursuant to treaties, conventions, or specific Acts or Congress, $68,392,000. </content> </appropriations> </appropriations> <appropriations level="small"><heading>missions to international organizations</heading> <content class="firstIndent1 fontsize10">For expenses necessary for permanent representation to certain international organizations in which the United States participates pursuant to treaties, conventions, or specific Acts of Congress, including expenses authorized by the pertinent Acts and conventions providing for such representation; salaries, expenses, and allowances of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158); hire of passenger motor<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/999">60 Stat. 999</ref>.</p></sidenote><page identifier="/us/stat/76/1082">76 <inline class="smallCaps">Stat</inline>. 1082</page><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/40/1270">40 Stat. 1270</ref>.</p></sidenote> vehicles; printing and binding, without regard to section 11 of the Act of March 1, 1919 (44 U.S.C. Ill); and purchase of uniforms for guards and chauffeurs; $2,250,000. </content> </appropriations> <appropriations level="small"><heading>international conferences and contingencies</heading> <content class="firstIndent1 fontsize10">For necessary expenses of participation by the United States upon approval by the Secretary of State, in international activities which arise from time to time in the conduct of foreign affairs and for which specific appropriations have not been provided pursuant to treaties, conventions, or special Acts of Congress, including personal services without regard to civil service and classification laws; salaries, expenses, and allowances of personnel and dependents as authorized <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/999">60 Stat. 999</ref>.</p></sidenote>by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158); hire of passenger motor vehicles; contributions for the share of the United States in expenses of international organizations; and printing and binding without regard to section 11 of the Act of March 1, 1919 (44 U.S.C. III); $1,943,000, of which not to exceed a total of $75,000 may be expended for representation allowances as authorized by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/801">74 Stat. 801</ref>.</p></sidenote>section 901(3) of the Act of August 13, 1946 (22 U.S.C. 1131) and for official entertainment. </content> </appropriations> <appropriations level="small"><heading>loans to the united nations</heading> <content class="firstIndent1 fontsize10">To enable the President to provide for a loan to the United Nations, <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 695.</p></sidenote>as authorized by law, $100,000,000, to remain available until expended. </content> </appropriations> <appropriations level="intermediate"><heading>International Commissions</heading> <appropriations level="small"><heading>international boundary and water commission, united states and mexico</heading> <content class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/24/1011">24 Stat. 1011</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/26/1512">26 Stat. 1512</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/35/1863">35 Stat. 1863</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/34/2953">34 Stat. 2953</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/1621">48 Stat. 1621</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/1219">59 Stat. 1219</ref>.</p></sidenote>For expenses necessary to enable the United States to meet its obligations under the treaties of 1884, 1889, 1905, 1906, 1933, and 1944 between the United States and Mexico, and to comply with the other laws applicable to the United States Section, International Boundary and Water Commission, United States and Mexico, including operation and maintenance of the Rio Grande rectification, canalization, flood control, bank protection, water supply, power, irrigation, boundary demarcation, and sanitation projects; detailed plan preparation and construction (including surveys and operation and maintenance and protection during construction); Rio Grande emergency flood protection; expenditures for the purposes set forth in sections 101 through 104 or the Act of September 13, 1950 (22 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/846">64 Stat. 846</ref>.</p></sidenote>277d–l—277d–4); purchase of four passenger motor vehicles for replacement only; purchase of planographs and lithographs; uniforms or allowances therefor, as authorized by the Act or September 1, 1954, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1114">68 Stat. 1114</ref>.</p></sidenote>amended (5 U.S.C. 2131); and leasing of private property to remove therefrom sand, gravel, stone, and other materials, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); as follows: </content> </appropriations> </appropriations> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For salaries and expenses not otherwise provided for, including examinations, preliminary surveys, and investigations, $670,000. </content> </appropriations> <page identifier="/us/stat/76/1083">76 <inline class="smallCaps">Stat</inline>. 1083</page> <appropriations level="small"><heading>operation and maintenance</heading> <content class="firstIndent1 fontsize10">For operation and maintenance of projects or parts thereof, as enumerated above, including gaging stations, $1,950,000: <proviso><i>Provided</i>,That expenditures for the Rio Grande bank protection project shall be subject to the provisions and conditions contained in the appropriation for said project as provided by the Act approved April 25, 1945 (59 Stat. 89).</proviso> </content> </appropriations> <appropriations level="small"><heading>construction</heading> <content class="firstIndent1 fontsize10">For detailed plan preparation and construction of projects authorized by the convention concluded February 1, 1933, between the United<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/1621">48 Stat. 1621</ref>.</p></sidenote> States and Mexico, the Acts approved August 19, 1935, as amended (22 U.S.C. 277–277f), August. 29, 1935 (49 Stat. 961), June 4, 1936<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/660">49 Stat. 660</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/55/338">55 Stat. 338</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/846">64 Stat. 846</ref>.</p></sidenote> (49 Stat. 1463), June 28, 1941 (22 U.S.C. 277f), September 13, 1950 (22 U.S.C. 277a–1–9), and the projects stipulated in the treaty between the United States and Mexico signed at Washington on February 3, 1944, $11,000,000, to remain available until expended: <proviso><i>Provided</i>,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/1219">59 Stat. 1219</ref>.</p></sidenote> That no expenditures shall lie made for the Lower Rio Grande flood-control project for construction on any land, site, or easement in connection with this project except such as has been acquired by donation and the title thereto has been approved by the Attorney General of the United States:</proviso> <proviso><i>Provided further</i>, That the Anzalduas diversion dam shall not be operated for irrigation or water supply purposes in the United States unless suitable arrangements have been made with the prospective water users for repayment to the Government of such portions of the costs of said dam as shall have been allocated to such purposes by the Secretary of State.</proviso> </content> </appropriations> <appropriations level="small"><heading>american sections, international commissions</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses necessary to enable the President to perform the obligations of the United States pursuant to treaties between the United States and Great Britain, in respect to Canada, signed January 11, 1909 ( 36 Stat. 2448), and February 24, 1925 (44 Stat. 2102), the treaty between the United States and Canada, signed February 27, 1950, including services as authorized by section 15 of the Act of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/ust/1/694">1 UST 694</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> August 2, 1946 (5 U.S.C. 55a); hire of passenger motor vehicles; $415,000, to be disbursed under the direction of the Secretary of State, and to be available also for additional expenses of the American Sections, International Commissions, as hereinafter set forth:</p> <p class="firstIndent1 fontsize10">International Joint Commission, United States and Canada, the salary of one Commissioner on the part of the United States who shall serve at the pleasure of the President (the other Commissioners to serve in that capacity without compensation therefor); salaries of clerks and other employees appointed by the Commissioners on the part of the United States with the approval solely of the Secretary of State; travel expenses and compensation of witnesses in attending hearings of the Commission at such places in the United States and Canada as the Commission or the American Commissioners shall determine to be necessary; and special and technical investigations in connection with matters falling within the Commission’s jurisdiction: <proviso><i>Provided</i>, That transfers of funds may be made to other agencies of the Government for the performance of work for which this appropriation is made.</proviso></p> <p class="firstIndent1 fontsize10">International Boundary Commission, United States and Canada, the completion of such remaining work as may be required under the award of the Alaskan Boundary Tribunal and the existing treaties between the United States and Great Britain; commutation of sub-<page identifier="/us/stat/76/1084">76 <inline class="smallCaps">Stat</inline>. 1084</page>sistence to employees while on field duty, not to exceed $8 per day each (but not to exceed $5 per day each when a member of a field party and subsisting in camp); hire of freight and passenger motor vehicles from temporary field employees; and payment for timber necessarily cut in keeping the boundary line clear.</p> </content> </appropriations> <appropriations level="small"><heading>international fisheries commissions</heading> <content class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary to enable the United States to meet its obligations in connection with participation in international fisheries commissions pursuant to treaties or conventions, and implementing Acts of Congress, $1,910,000: <proviso><i>Provided</i>, That the United States share of such expenses may be advanced to the respective commissions.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Educational Exchange</heading> <appropriations level="small"><heading>mutual educational and cultural exchange activities</heading> <content class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary to enable the Secretary of State to carry out the functions of the Department of State under the provisions of the Mutual Educational and Cultural <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2451">22 USC 2451</ref> note.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/53/1290">53 Stat. 1290</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/999">60 Stat. 999</ref>.</p></sidenote>Exchange Act of 1961 (75 Stat. 527) and the Act of August 9, 1939 (22 U.S.C. 501), including salaries, expenses, and allowances of personnel as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158); hire of passenger motor vehicles; not to exceed $18,000 for representation expenses; not to exceed $1,000 for official entertainment within the United States: services as authorized by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s529">31 USC 529</ref>.</p></sidenote>section 15 of the Act of August 2, 1946 (5 U.S.C. 55a): and advance of funds notwithstanding section 3648 of the Revised Statutes, as amended; $41,950,000, of which not less than $14,515,000 shall be used to purchase foreign currencies or credits owed to or owned by the Treasury of the United States: <proviso><i>Provided</i>, That not to exceed $1,832,000 may be used for administrative expenses during the current fiscal year.</proviso> </content> </appropriations> </appropriations> <appropriations level="small"><heading>center for cultural and technical interchange between east and west</heading> <content class="firstIndent1 fontsize10">To enable the Secretary of State to provide for carrying out the provisions of the Center for Cultural and Technical Interchange <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/141">74 Stat. 141</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2054">22 USC 2054</ref> note.</p></sidenote>Between East and West Act of 1960, by grant to any appropriate agency of the State of Hawaii, $8,340,000: <proviso><i>Provided</i>, That none of the funds appropriated herein shall be used to pay the salary, or to enter into any contract providing for the payment thereof, to any individual in excess of $20,000 per annum.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Rama Road, Nicaragua</heading> <content class="firstIndent1 fontsize10">For an additional amount for necessary expenses for the survey and construction of the Rama Road, Nicaragua, in accordance with the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/911">72 Stat. 911</ref>.</p></sidenote>provisions of title 23, United States Code, section 213, and the Act of September 2, 1958 (72 Stat. 1709). $l,500,000, to remain available until <sidenote><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote>expended: <proviso><i>Provided</i>, That transfer of funds may be made from this appropriation to the Department of Commerce for the performance of work for which the appropriation is made.</proviso> </content> </appropriations> <page identifier="/us/stat/76/1085">76 <inline class="smallCaps">Stat</inline>. 1085</page> <level> <heading class="smallCaps centered">General Provisions—Department of State</heading> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><content class="inline">Appropriations under this title for “Salaries and<sidenote><p class="firstIndent1 fontsize8">Security guard services.</p></sidenote> expenses”, “International conferences and contingencies”, and “<quotedText>Missions to international organizations</quotedText>” are available for reimbursement of the General Services Administration for security guard services for protection of confidential files.</content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><content class="inline">No part of any appropriation contained in this title shall be used to pay the salary or expenses of any person assigned to or serving in any office of any of the several States of the United States or any political subdivision thereof.</content> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num><content class="inline">None of the funds appropriated in this title shall be used<sidenote><p class="firstIndent1 fontsize8">Advocates of one world government.</p></sidenote> (1) to pay the United States contribution to any international organization which engages in the direct or indirect promotion of the principle or doctrine of one world government or one world citizenship; (2) for the promotion, direct or indirect, of the principle or doctrine of one world government or one world citizenship.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num><content class="inline"> <p class="inline">It is the sense of the Congress that the Communist Chinese<sidenote><p class="firstIndent1 fontsize8">Communist China.</p></sidenote> Government should not be admitted to membership in the United Nations as the representative of China.</p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Department of State Appropriation<sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote> Act, 1963</shortTitle>”.</p> </content> </section> </level> <num value="II">TITLE II—</num><heading class="inline">DEPARTMENT OF JUSTICE<sidenote><p class="firstIndent1 fontsize8">Department of Justice Appropriation Act, 1963.</p></sidenote></heading> <appropriations level="intermediate"><heading>Legal Activities and General Administration</heading> <appropriations level="small"><heading>salaries and expenses, general administration</heading> <content class="firstIndent1 fontsize10">For expenses necessary for the administration of the Department of Justice and for examination of judicial offices, including purchase (two for replacement only) and hire of passenger motor vehicles; and miscellaneous and emergency expenses authorized or approved by the Attorney General or the Administrative Assistant Attorney General; $4,295,000. </content> </appropriations> <appropriations level="small"><heading>salaries and expenses, general legal activities</heading> <content class="firstIndent1 fontsize10">For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including miscellaneous and emergency expenses authorized or approved by the Attorney General or the Administrative Assistant Attorney General; not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of the Attorney General and accounted for solely on his certificate; and advances of public moneys pursuant to law (31 U.S.C. 529);<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/809">60 Stat. 809</ref>.</p></sidenote> $16,500,000. </content> </appropriations> <appropriations level="small"><heading>alien property activities</heading> <appropriations level="small"><heading>limitation on general administrative expenses</heading> <content class="firstIndent1 fontsize10">The Attorney General, or such officer as he may designate, is hereby authorized to pay out of any funds or other property or interest vested in him or transferred to him pursuant to or with respect to the Trading With the Enemy Act of October 6, 1917, as amended (50 U.S.C. App.),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/40/411">40 Stat. 411</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/app/t50/s1">50 USC app. I</ref>.</p></sidenote> and the International Claims Settlement Act, as amended (22 U.S.C. 1631), necessary expenses incurred in carrying out the powers and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/562">69 Stat. 562</ref>.</p></sidenote> duties conferred on the Attorney General pursuant to said Acts: <i>Provided</i>, That not to exceed $690,000 shall be available in the current fiscal year for the general administrative expenses of alien property activities, including rent of private or Government-owned space in <page identifier="/us/stat/76/1086">76 <inline class="smallCaps">Stat</inline>. 1086</page><sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote>the District of Columbia: <proviso><i>Provided further</i>, That on or before November 1 of the current fiscal year the Attorney General shall make a report to the Appropriations Committees of the Senate and the House of Representatives giving detailed information on all administrative and nonadministrative expenses incurred during the next preceding fiscal year in connection with the alien property activities:</proviso> <proviso><i>Provided further</i>, That of the total amount herein authorized the amount of $50,000 is to be transferred to the appropriation for “Salaries and expenses, general administration”, Justice.</proviso> </content> </appropriations> </appropriations> <appropriations level="small"><heading>salaries and expenses, antitrust division</heading> <content class="firstIndent1 fontsize10">For expenses necessary for the enforcement of antitrust and kindred laws, $5,988,000: <proviso><i>Provided</i>, That none of this appropriation shall be expended for the establishment and maintenance of permanent regional offices of the Antitrust Division.</proviso> </content> </appropriations> <appropriations level="small"><heading>salaries and expenses, united states attorneys and marshals</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the offices of United States attorneys and marshals, including purchase of firearms and ammunition; $27,085,000, of which not to exceed $50,000 shall be available for the employment of temporary deputy marshals in lieu of bailiffs at a rate of not to exceed $12 per day: <proviso><i>Provided</i>, That of the amount herein appropriated $17,500 may be used for the emergency replacement of one prisoner-carrying bus upon certificate of the Attorney General:</proviso> <proviso><i>Provided further</i> That of the amount herein appropriated not to exceed $200,000 shall be available for payment of compensation and expenses of Commissioners appointed in condemnation cases under Rule 71A(h) of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/app/t28">28 USC app.</ref>.</p></sidenote>the Federal Rules of Civil Procedure.</proviso> </content> </appropriations> <appropriations level="small"><heading>fees and expenses of witnesses</heading> <content class="firstIndent1 fontsize10">For expenses, mileage, and per diems of witnesses and for per diems in lieu of subsistence, as authorized by law, and not to exceed $275,000 for such compensation and expenses of witnesses (including expert witnesses) or informants pursuant to section 1 of the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/380">64 Stat. 380</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/686">63 Stat. 686</ref>.</p></sidenote>July 28, 1950 (5 U.S.C. 341) and sections 4244–48 of title 18, United States Code; $1,900,000: <proviso><i>Provided</i>, That no part of the sum herein appropriated shall be used to pay any witness more than one attendance fee for any one calendar day.</proviso> </content> </appropriations> <appropriations level="small"><heading>salaries and expenses, administrative conference of the united states</heading> <content class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary for the Administrative Conference of the United States, $100,000. </content> </appropriations> <appropriations level="intermediate"><heading>Federal Bureau of Investigation</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses necessary for the detection and prosecution of crimes against the United States; protection of the person of the President of the United States? acquisition, collection, classification and preservation of identification and other records and their exchange with, and for the official use of, the duly authorized officials of the Federal Government, of States, cities, and other institutions, such exchange to be subject to cancellation if dissemination is made outside the receiving departments or related agencies; and such other investigations regarding official matters under the control of the Department <page identifier="/us/stat/76/1087">76 <inline class="smallCaps">Stat</inline>. 1087</page> of Justice and the Department of State as may be directed by the Attorney General, including purchase for police-type use without regard to the general purchase price limitation for the current fiscal year (not to exceed five hundred and one, including one armored vehicle, for replacement only) and hire of passenger motor vehicles; firearms and ammunition; not to exceed $10,000 for taxicab hire to be used exclusively for the purposes set forth in this paragraph; payment of rewards; and not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; $130,700,000: <proviso><i>Provided</i>, That the compensation of the Director<sidenote><p class="firstIndent1 fontsize8">Director, compensation.</p></sidenote> of the Bureau shall be $22,000 per annum so long as the position is held by the present incumbent.</proviso></p> <p class="firstIndent1 fontsize10">None of the funds appropriated for the Federal Bureau of Investigation<sidenote><p class="firstIndent1 fontsize8">Restriction.</p></sidenote> shall be used to pay the compensation of any civil-service employee.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Immigration and Naturalization Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration, including advance of cash to aliens for meals and lodging while en route; payment of allowances (at a rate not in excess of $1 per day) to aliens, while held in custody under the immigration laws, for work performed; payment of rewards; not to exceed $50,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General and accounted for solely on his certificate; purchase for police-type use, without regard to the general purchase price limitation for the current fiscal year (not to exceed two hundred and fifty for replacement only) and hire of passenger motor vehicles; purchase (not to exceed five for replacement only) and maintenance and operation of aircraft; firearms and ammunition, attendance at firearms matches; refunds of head tax, maintenance bills? immigration fines, and other items properly returnable, except deposits of aliens who become public charges and deposits to secure payment of fines and passage money; operation, maintenance, remodeling, and repair of buildings and the purchase of equipment incident thereto; acquisition of land as sites for enforcement fence and construction incident to such fence; reimbursement of the General Services Administration for security guard services for protection of confidential files; and maintenance, care, detention, surveillance, parole, and transportation of alien enemies and their wives and dependent children, including return of such persons to place of bona fide residence or to such other place as may e authorized by the Attorney General; $64,050,000: <proviso><i>Provided</i>, That<sidenote><p class="firstIndent1 fontsize8">Aircraft.</p></sidenote> of the amount herein appropriated, not to exceed $50,000 may be used for the emergency replacement of aircraft upon certificate of the Attorney General.</proviso> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Prison System</heading> <appropriations level="small"><heading>salaries and expenses, bureau of prisons</heading> <content class="firstIndent1 fontsize10">For expenses necessary for the administration, operation, and maintenance of Federal penal and correctional institutions, including supervision of United States prisoners in non-Federal institutions; purchase of not to exceed twenty-six (of which twenty shall be for replacement only) and hire of passenger motor vehicles; compilation of statistics relating to prisoners in Federal and non-Federal penal and correctional institutions; payment pursuant to law of claims <page identifier="/us/stat/76/1088">76 <inline class="smallCaps">Stat</inline>. 1088</page>of employees for loss, damage, or destruction of personal property <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/167">63 Stat. 167</ref>.</p></sidenote>(31 U.S.C. 238); firearms and ammunition; medals and other awards; payment of rewards; purchase and exchange of farm products and livestock; construction of buildings at prison camps; and acquisition of land and water rights as authorized by section 7 of the Act of July <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/381">64 Stat. 381</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/567">73 Stat. 567</ref>.</p></sidenote>28, 1950 (5 U.S.C. 341f); $48,814,000: <proviso><i>Provided</i>, That there may be transferred to the Public Health Service such amounts as may be necessary, in the discretion of the Attorney General, for direct expenditure by that Service for medical relief for inmates of Federal penal and correctional institutions.</proviso> </content> </appropriations> </appropriations> <appropriations level="small"><heading>buildings and facilities</heading> <content class="firstIndent1 fontsize10">For constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, and for planning, site acquisition, and commencing construction of a new psychiatric institution, including all necessary expenses incident thereto, by contract, or force account, $3,545,000: <proviso><i>Provided</i>, That labor of United States prisoners may be used for work performed under this appropriation.</proviso> </content> </appropriations> <appropriations level="small"><heading>support of united states prisoners</heading> <content class="firstIndent1 fontsize10">For support of United States prisoners in non-Federal institutions, including necessary clothing and medical aid, and payment of rewards, $3,700,000. </content> </appropriations> </appropriations> <level> <heading class="smallCaps centered">General Provisions—Department of Justice</heading> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><sidenote><p class="firstIndent1 fontsize8">Attorneys, qualifications.</p></sidenote><content class="inline">None of the funds appropriated by this title may be used to pay the compensation of any person hereafter employed as an attorney (except foreign counsel employed in special cases) unless such person shall be duly licensed and authorized to practice as an attorney under the laws of a State, territory, or the District of Columbia.</content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num><sidenote><p class="firstIndent1 fontsize8">Reimbursement to U. S.</p></sidenote><content class="inline">Seventy-five per centum of the expenditures for the offices of the United States attorney and the United States marshal for the District of Columbia from all appropriations in this title shall be reimbursed to the United States from any funds in the Treasury of the United States to the credit of the District of Columbia.</content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num><sidenote><p class="firstIndent1 fontsize8">Attendance at meetings.</p></sidenote><content class="inline">Appropriations and authorizations made in this title which are available for expenses of attendance at meetings shall be expended for such purposes m accordance with regulations prescribed by the Attorney General.</content> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num><content class="inline">Appropriations and authorizations made in this title for salaries and expenses shall be available for services as authorized by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $75 per diem for individuals.</content> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num><content class="inline"> <p class="inline">Appropriations for the current fiscal year for “Salaries and expenses, general administration”, “Salaries and expenses, Federal Bureau of Investigation”, “Salaries and expenses, Immigration and Naturalization Service”, and “<quotedText>Salaries and expenses, Bureau of Prisons</quotedText>”, shall be available for uniforms and allowances therefor as authorized by the Act of September 1, 1954, as amended (5 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1114">68 Stat. 1114</ref>.</p></sidenote>2131).</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote>This title may be cited as the “<shortTitle role="title">Department of Justice Appropriation Act, 1963</shortTitle>”.</p> </content> </section> </level> 76 Stat. 1089 <num value="III">TITLE III—</num><heading class="inline">DEPARTMENT OF COMMERCE<sidenote><p class="firstIndent1 fontsize8">Department of Commerce Appropriation Act, 1963.</p></sidenote></heading> <appropriations level="intermediate"><heading>General Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For expenses necessary for the general administration of the Department of Commerce, including expenses necessary to carry out the provisions of the Great Lakes Pilotage Act of 1960 (74 Stat. 259),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t46/s216">46 USC 216</ref> note.</p></sidenote> and not to exceed $1,500 for official entertainment, $3,800,000. </content> </appropriations> </appropriations> <appropriations level="small"><heading>aviation war risk insurance revolving fund</heading> <content class="firstIndent1 fontsize10">The Secretary of Commerce is hereby authorized to make such expenditures, within the limits of funds available pursuant to section 1306 of the Act of August 23, 1958 (49 U.S.C. 1536), and in accordance<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/803">72 Stat. 803</ref>.</p></sidenote> with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/61/584">61 Stat. 584</ref>.</p></sidenote> programs set forth in the budget for the current fiscal year for aviation war risk insurance activities under said Act. </content> </appropriations> <appropriations level="intermediate"><heading>Area Redevelopment Administration</heading> <appropriations level="small"><heading>operations</heading> <content class="firstIndent1 fontsize10">For necessary expenses, not otherwise provided for, of the Area Redevelopment Administration, including not to exceed $3,600,000 for technical assistance, as authorized by section 11 of the Area Redevelopment Act (75 Stat. 47), and hire of passenger motor<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2510">42 USC 2510</ref>.</p></sidenote> vehicles, $12,250,000. </content> </appropriations> </appropriations> <appropriations level="small"><heading>grants for public facilities</heading> <content class="firstIndent1 fontsize10">For grants in accordance with the provisions of section 8 of the Area Redevelopment Act (75 Stat. 53), $35,000,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2507">42 USC 2507</ref>.</p></sidenote> </content> </appropriations> <appropriations level="small"><heading>area redevelopment fund</heading> <content class="firstIndent1 fontsize10">For loans and participations as authorized by section 6 and public facility loans as authorized by section 7 of the Area Redevelopment Act (75 Stat. 53), $115,050,000: <proviso><i>Provided</i>, That no part of the appropriations<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2506">42 USC 2506</ref>.</p></sidenote> contained in this Act shall be used for administrative expenses in connection with loans and participations financed or to be financed with funds borrowed from the Secretary of the Treasury.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Export Control</heading> <content class="firstIndent1 fontsize10">For expenses necessary for carrying out the provisions of the Export Control Act of 1949, as amended, relating to export controls,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/7">63 Stat. 7</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s2021">50 USC app. 2021</ref> note.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/67/577">67 Stat. 577</ref>.</p></sidenote> including awards of compensation to informers under said Act and as authorized by the Act of August 13, 1953 (22 U.S.C. 401), $3,695,000 of which not to exceed $1,337,000 may be advanced to the Bureau of Customs, Treasury Department, for enforcement of the export control program, and of which not to exceed $80,400 may be advanced to the appropriation for “<quotedText>Salaries and expenses</quotedText>” under “<quotedText>General administration</quotedText>”. </content> </appropriations> <page identifier="/us/stat/76/1090">76 <inline class="smallCaps">Stat</inline>. 1090</page> <appropriations level="intermediate"><heading>Office of Field Services</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For expenses necessary to operate and maintain field offices for.the collection and dissemination of information useful in the development and improvement of commerce throughout the United States and its possessions, $3,350,000. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Business and Defense Services Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the Business and Defense Services Administration, $4,940,000. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>International Activities</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses for the promotion of foreign commerce, including trade centers and trade and industrial exhibits, abroad, without regard to the provisions of law set forth in 41 U.S.C. 5 and 13; <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/28/622">28 Stat. 622</ref>:</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/20/216">20 Stat. 216</ref>.</p></sidenote>44 U.S.C. Ill, 322, and 324; purchase of commercial and trade reports; employment of aliens by contract for services abroad; rental of space abroad, for periods not exceeding five years, and expenses of alteration, repair, or improvement; advance of funds under contracts abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28 of the United States <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/62">63 Stat. 62</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/471">73 Stat. 471</ref>.</p></sidenote>Code, when such claims arise in foreign countries; and not to exceed $10,000 for official representation expenses abroad; $7,025,000, of which $1,600,000 shall remain available for trade and industrial exhibits until June 30, 1964: <proviso><i>Provided</i>, That the provisions of the first sentence of section 105(f) and all of 108(c) of the Mutual Educational <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/531">75 Stat. 531</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2455/2458">22 USC 2455, 2458</ref>.</p></sidenote>and Cultural Exchange Act of 1961 (Public Law 87–256) shall apply in carrying out the activities concerned with exhibits and missions.</proviso> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>United States Travel Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses to carry out the provisions of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2121">22 USC 2121</ref> note.</p></sidenote>International Travel Act of 1961 (75 Stat. 129), including employment of aliens by contract for service abroad; rental of space, for periods not exceeding five years, and expenses of alteration, repair or improvement; advance of funds under contracts abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28 of the United States Code, when such claims arise in foreign countries; and not to exceed $5,000 for representation expenses abroad; $3,350,(XX). </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of Business Economics</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the Office of Business Economics, $1,750,000. </content> </appropriations> </appropriations> <page identifier="/us/stat/76/1091">76 <inline class="smallCaps">Stat</inline>. 1091</page> <appropriations level="intermediate"><heading>Bureau of the Census</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For expenses necessary for collecting, compiling, and publishing current census statistics, provided for by law, $12,450,000. </content> </appropriations> </appropriations> <appropriations level="small"><heading>1962 census of governments</heading> <content class="firstIndent1 fontsize10">For an additional amount for expenses necessary for preparing for, taking, compiling, and publishing the 1962 census of governments as authorized by law, $1,050,000, to remain available until June 30, 1964. </content> </appropriations> <appropriations level="small"><heading>1963 censuses of business, transportation, manufactures, and mineral industries</heading> <content class="firstIndent1 fontsize10">For an additional amount for expenses necessary for preparing for, taking, compiling, and publishing the 1963 censuses of business, transportation, manufactures, and mineral industries, as authorized by law, $3,000,000, to remain available until December 31, 1966. </content> </appropriations> <appropriations level="small"><heading>1964 census of agriculture</heading> <content class="firstIndent1 fontsize10">For expenses necessary to prepare for taking, compiling, and publishing the 1964 Census of Agriculture, as authorized by law. $700,000, to remain available until December 31, 1967. </content> </appropriations> <appropriations level="small"><heading>modernization of computing equipment</heading> <content class="firstIndent1 fontsize10">For expenses necessary for replacement of an electronic computer system, $4,000,000, to remain available until June 30, 1964. </content> </appropriations> <appropriations level="small"><heading>eighteenth decennial census</heading> <content class="firstIndent1 fontsize10">The time limitation under this head in the General Government Matters, Department of Commerce, and Related Agencies Appropriation Act 1962 is changed from “<quotedText>December 31, 1962</quotedText>” to “June 30, 1963”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/271">75 Stat. 271</ref>.</p></sidenote> </content> </appropriations> <appropriations level="intermediate"><heading>Coast and Geodetic Survey</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For expenses necessary to carry out the provisions of the Act of August 6, 1947, as amended (33 U.S.C. 883a–883i), including hire of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/61/787">61 Stat. 787</ref>.</p></sidenote> aircraft; operation, maintenance, and repair of an airplane; pay, allowances, gratuities, transportation of dependents amt household effects, and payment of funeral expenses, as authorized by law, for an authorized strength of 200 commissioned officers on the active list; and pay of commissioned officers retired in accordance with law; $22,750,000, of which $840,000 shall be available for retirement pay of commissioned officers and payments under the Retired Serviceman’s Family Protection Plan: <proviso><i>Provided</i>, That during the current fiscal year, this appropriation shall be reimbursed for at least press costs and costs of paper for charts published by the Coast and Geodetic Survey and furnished for the official use of the military departments of the Department of Defense:</proviso> <proviso><i>Provided further</i>, That this appropriation snail be available for construction of a seismological vault and a recorder building on private property, on a long term lease basis.</proviso> </content> </appropriations> </appropriations> <page identifier="/us/stat/76/1092">76 <inline class="smallCaps">Stat</inline>. 1092</page> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t46/s1245">46 USC 1245</ref>.</p></sidenote> <appropriations level="small"><heading>construction of surveying ships</heading> <content class="firstIndent1 fontsize10">For necessary expenses for the design, supervision, construction, equipping, and outfitting of surveying vessels, as authorized by the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/61/788">61 Stat. 788</ref>.</p></sidenote>August 6, 1947 (33 U.S.C. 883i), $14,400,000, to remain available until expended: <proviso><i>Provided</i>, That appropriations granted under this heading shall be available for completing payments on the construction contract for the Coast and Geodetic Survey ship Surveyor.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Inland Waterways Corporation</heading> <appropriations level="small"><heading>limitation on administrative expenses</heading> <content class="firstIndent1 fontsize10">Not to exceed $2,000 shall be available for administrative expenses to be determined in the manner set forth under the title “General expenses” in the Uniform System of Accounts for Carriers by Water of the Interstate Commerce Commission (effective January 1, 1947). </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Maritime Administration</heading> <appropriations level="small"><heading>ship construction</heading> <content class="firstIndent1 fontsize10">For construction-differential subsidy and cost of national-defense features incident to construction of ships for operation in foreign <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/1996">49 Stat. 1996</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/958">52 Stat. 958</ref>.</p></sidenote>commerce (46 U.S.C. 1152, 1154): for construction-differential subsidy and cost of national-defense features incident to the reconstruction and reconditioning of ships under title V of the Merchant Marine Act, 1936, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/53/1183">53 Stat. 1183</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/680">68 Stat. 680</ref>.</p></sidenote>amended (46 U.S.C. 1154); and for acquisition of used ships pursuant to section 510 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1160); to remain available until expended, $64,200,(XX), of which not less than $4,300,000 shall be available for the reconversion of combination vessels: <proviso><i>Provided</i>, That transfers may be made to the appropriation for the current fiscal year for “Salaries and expenses” for administrative and warehouse expenses (not to exceed $3,150,000) and for reserve fleet expenses (not to exceed $500,000), and any such transfers shall be without regard to the limitations under that appropriation on the amounts available for such expenses.</proviso> </content> </appropriations> </appropriations> <appropriations level="small"><heading>operating-differential subsidies (liquidation of contract authorization)</heading> <content class="firstIndent1 fontsize10">For the payment of obligations incurred for operating-differential subsidies granted on or after January 1, 1947, as authorized by the Merchant Marine Act, 1936, as amended, and in appropriations heretofore made to the United States Maritime Commission, $220,400,0(X), to remain available until expended: <proviso><i>Provided</i>, That no contracts shall be executed during the current fiscal year by the Secretary of Commerce which will obligate the Government to pay operating differential subsidy on more than two thousand four hundred voyages in any one calendar year, including voyages covered by contracts in effect at the beginning of the current fiscal year.</proviso> </content> </appropriations> <appropriations level="small"><heading>research and development</heading> <content class="firstIndent1 fontsize10">For expenses necessary for research, development, fabrication, and test operation of experimental facilities and equipment; studies to improve water transportation systems; and supporting services related to nuclear ship operation; $3,550,000, to remain available until expended: <proviso><i>Provided</i>, That transfers may be made to the appropriation for the current fiscal year for “Salaries and expenses” for administra-<page identifier="/us/stat/76/1093">76 <inline class="smallCaps">Stat</inline>. 1093</page>tive expenses (not to exceed $600,000), and any such transfers shall be without regard to the limitation under that appropriation on the amount available for such expenses:</proviso> <proviso><i>Provided further</i>, That transfers may be made from this appropriation to the “Vessel operations revolving fund” for losses resulting from expenses of experimental ship operations.</proviso> </content> </appropriations> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses necessary for carrying into effect the Merchant Marine Act, 1936, and other laws administered by the Maritime Administration, $14,950,000, within limitations as follows:</p> <p class="firstIndent1 fontsize10">Administrative expenses, including not to exceed $1,125 for entertainment of officials of other countries when specifically, authorized by the Maritime Administrator, and not to exceed $1,250 for representation allowances, $8,173,400;</p> <p class="firstIndent1 fontsize10">Maintenance of shipyard facilities and operation of warehouses, $1,000,000;</p> <p class="firstIndent1 fontsize10">Reserve fleet expenses, $5,776,600.</p> </content> </appropriations> <appropriations level="small"><heading>maritime training</heading> <content class="firstIndent1 fontsize10">For training cadets as officers of the Merchant Marine<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t46/s1245">46 USC 1245</ref>.</p></sidenote> at the Merchant Marine Academy at Kings Point, New York; not to exceed $2,500 for contingencies for the Superintendent, United States Merchant Marine Academy, to lie expended in his discretion; and uniform and textbook allowances for cadet midshipmen, at an average yearly cost of not to exceed $300 per cadet; $3,300,000: <proviso><i>Provided</i>, That, except as herein provided for uniform and textbook allowances, this appropriation shall not be used for compensation or allowances for cadets:</proviso> <proviso><i>Provided further</i>, That reimbursement may be made to the appropriation for the current fiscal year for “Maritime training”, for expenses in support of activities financed from the appropriations for “Research and development” and “Ship construction’.</proviso> </content> </appropriations> <appropriations level="small"><heading>state marine schools</heading> <content class="firstIndent1 fontsize10">For financial assistance to State marine schools and the students thereof as authorized by the Maritime Academy Act of 1958 (72 Stat. 622–624), $1,375,000, of which $250,000 is for maintenance and repair<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t46/s1381">46 USC 1381</ref> note.</p></sidenote> of vessels loaned by the United States for use in connection with such State marine schools, and $1,125,000, to remain available until expended, is for liquidation of obligations incurred under authority granted by said Act, to enter into contracts to make payments for expenses incurred in the maintenance and support of marine schools, and to pay allowances for uniforms, textbooks, and subsistence of cadets at State marine schools. </content> </appropriations> <appropriations level="small"><heading>general provisions—maritime administration</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">No additional vessel shall be allocated under charter, nor shall any vessel be continued under charter by reason of any extension of chartering authority beyond June 30, 1949, unless the charterer shall agree that the Maritime Administration shall have no obligation upon redelivery to accept or pay for consumable stores, bunkers, and slopchest items, except with respect to such minimum amounts of bunkers as the Maritime Administration considers advisable to be retained on the vessel and that prior to such redelivery all consumable stores, slopchest items, and bunkers over and above such minimums shall be removed from the vessel by the charterer at his own expense.</p> <page identifier="/us/stat/76/1094">76 <inline class="smallCaps">Stat</inline>. 1094</page> <p class="firstIndent1 fontsize10">Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration, and payments received by the Maritime Administration for utilities, services, and repairs so furnished or made shall be credited to the appropriation charged with the cost thereof: <proviso><i>Provided</i>,That rental payments under any such lease, contract, or occupancy on account of items other than such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts.</proviso></p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/50/839">50 Stat. 839</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t46/s1116">46 USC 1116</ref>.</p></sidenote>No obligations shall be incurred during the current fiscal year from (he construction fund established by the Merchant Marine Act, 1936, or otherwise, in excess of the appropriations and limitations contained in this Act, or in any prior appropriation Act, and all receipts which otherwise would be deposited to the credit of said fund shall lie covered into the Treasury as miscellaneous receipts.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Patent Office</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the Patent Office, including defense of suits instituted against the Commissioner of Patents; $26,010,000. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Public Roads</heading> <appropriations level="small"><heading>limitation on general administrative expenses</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">Necessary expenses of administration and research (not to exceed $36,800,000), including maintenance of a National Register of Revoked Motor Vehicle Operators’ Licenses, as authorized by law <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t23/s313">23 USC 313</ref> note.</p></sidenote>(74 Stat. 526), and purchase of forty-seven passenger motor vehicles of which forty-four shall be for replacement only, shall be paid, in accordance with law, from appropriations made available by this Act to the Bureau of Public Roads and from advances and reimbursements received by the Bureau of Public Roads.</p> <p class="firstIndent1 fontsize10">Of the total amount available from appropriations of the Bureau of Public Roads for general administrative and research expenses pursuant to the provisions of title 23, United States Code, section 104(a), $100,000 shall be available for carrying out the provisions<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/889/914">72 Stat. 889, 914</ref>.</p></sidenote> of title 23, United States Code, section 309.</p> </content> </appropriations> </appropriations> <appropriations level="small"><heading>federal-aid highways (trust fund)</heading> <content class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/885">72 Stat. 885</ref>.</p></sidenote>For carrying out the provisions of title 23, United States Code, which are attributable to Federal-aid highways, to remain available until expended, $3,249,200,000, or so much thereof as may lie available in and derived from the “Highway trust fund”; which sum is composed of $1,508,261,397, the balance of the amount authorized for the fiscal year 1961, and $1,735,000,000 (or so much thereof as may be available in and derived from the “<quotedText>Highway trust fund</quotedText>”), a part of the amount authorized to be appropriated for the fiscal year 1962, $4,938,603 for reimbursement of the sums expended for the repair or reconstruction of highways and bridges which have been damaged or destroyed by floods, hurricanes, or landslides, as provided <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/612">73 Stat. 612</ref>.</p></sidenote>by title 23, United States Code, section 125, and $1,000,000 for reimbursement of the sums expended for the design and construction of bridges upon and across dams, as provided by title 23, United States Code, section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/917">72 Stat. 917</ref>.</p></sidenote>320. </content> </appropriations> <page identifier="/us/stat/76/1095">76 <inline class="smallCaps">Stat</inline>. 1095</page> <appropriations level="small"><heading>improvement of the pentagon road network (trust fund)</heading> <content class="firstIndent1 fontsize10">For expenses necessary for the improvement of routes on the Pentagon Road Network, to be conveyed to the Commonwealth of Virginia, as authorized by the Act of September 26, 1961 (75 Stat. 670), to remain available until expended, $2,000,000, to be derived from the Highway Trust Fund. </content> </appropriations> <appropriations level="small"><heading>forest highways (liquidation of contract authorization)</heading> <content class="firstIndent1 fontsize10">For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 204, pursuant to contract<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/907/906">72 Stat. 907, 906</ref>.</p></sidenote> authorization granted by title 23, United States Code, section 203, to remain available until expended, $32,000,000, which sum is composed of $7,850,000, the balance of the amount authorized to be appropriated for the fiscal year 1961, and $24,150,000, a part of the amount authorized to be appropriated for the fiscal year 1962: <proviso><i>Provided</i>, That this appropriation shall be available for the rental, purchase, construction, or alteration of buildings and sites necessary for the storage and repair of equipment and supplies used for road construction and maintenance but the total cost of any such item under this authorization shall not exceed $15,000.</proviso> </content> </appropriations> <appropriations level="small"><heading>public lands highways (liquidation of contract authorization)</heading> <content class="firstIndent1 fontsize10">For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 209, pursuant to the contract<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/908/906">72 Stat. 908, 906</ref>.</p></sidenote> authorization granted by title 23, United States Code, section 203, to remain available until expended, $2,500,000, which sum is composed of $800,000, the balance of the amount authorized to be appropriated for the fiscal year 1962, and $1,700,000, a part of the amount authorized to be appropriated for the fiscal year 1963. </content> </appropriations> <appropriations level="small"><heading>control of outdoor advertising</heading> <content class="firstIndent1 fontsize10">For incentive payments to the States for control of outdoor advertising, as authorized by law (23 U.S.C. 131), $2,000,000, to remain<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/904">72 Stat. 904</ref>.</p></sidenote> available until expended. </content> </appropriations> <appropriations level="small"><heading>general provisions—bureau of public roads</heading> <content class="firstIndent1 fontsize10">Not to exceed $10,000 may be expended during the current fiscal year for services of individuals employed pursuant to section 15 of the Act of August 2, 1946 ( 5 U.S.C. 55a), at rates in excess of $50 per diem.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> </content> </appropriations> <appropriations level="intermediate"><heading>National Bureau of Standards</heading> <appropriations level="small"><heading>research and technical services</heading> <content class="firstIndent1 fontsize10">For expenses necessary in performing the functions authorized by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/31/1449">31 Stat. 1449</ref>.</p></sidenote> the Act of March 3, 1901, as amended (15 U.S.C. 271–278e), including general administration; operation, maintenance, alteration, and protection of grounds and facilities; and improvement and construction of facilities as authorized by the Act of September 2, 1958 (15 U.S.C. 278d); $27,500,000 of which not to exceed $1,700,000 shall be available<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1711">72 Stat. 1711</ref>.</p></sidenote> for payments to the “Working capital fund”, National Bureau of Standards, for additional capital: <proviso><i>Provided</i>, That during the current fiscal year the maximum base rate of compensation for employees appointed pursuant to the Act of September 2, 1958 (15 U.S.C. 278e), shall be equivalent to the maximum scheduled rate for GS–12.</proviso> </content> </appropriations> </appropriations> <page identifier="/us/stat/76/1096">76 <inline class="smallCaps">Stat</inline>. 1096</page> <appropriations level="small"><heading>research and technical services (special foreign currency program)</heading> <content class="firstIndent1 fontsize10">For purchase of foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the National Bureau of Standards, as authorized by law, $500,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available, in addition to other appropriations to the Bureau, for the purchase of the foregoing currencies.</proviso> </content> </appropriations> <appropriations level="small"><heading>plant and facilities</heading> <content class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1711">72 Stat. 1711</ref>.</p></sidenote>For expenses incurred, as authorized by section 1 of the Act of September 2, 1958 (15 U.S.C. 278c–278e), in the acquisition, construction, improvement, alteration, or emergency repair of buildings, grounds, and other facilities including a plasma physics building, a radio warning service building, and a paint shop; design of a radio standards laboratory; and procurement and installation of special research equipment and facilities, therefor; $2,000,000, to remain available until expended. </content> </appropriations> <appropriations level="small"><heading>construction of facilities</heading> <content class="firstIndent1 fontsize10">For an additional amount for “Construction of facilities”, including construction, equipment, and expenses of occupying the facilities, $30,000,000, to remain available until expended: <proviso><i>Provided</i>, That not to exceed $6,250,000 of this amount shall be available for payment to the “Working capital fund”, National Bureau of Standards, for additional capital for purchase of equipment.</proviso> </content> </appropriations> <appropriations level="small"><heading>working capital fund</heading> <content class="firstIndent1 fontsize10">The “Working capital fund” shall be available, during the current fiscal year, for the purchase of not to exceed four passenger motor vehicles for replacement only. </content> </appropriations> <appropriations level="intermediate"><heading>Weather Bureau</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For expenses necessary for the Weather Bureau, including maintenance and operation of aircraft; purchase of upper air supplies for delivery through December 31, of the next fiscal year; and not to exceed $10,000 for maintenance of a printing office in the city of Washington, as authorized by law; $59,500,000. </content> </appropriations> </appropriations> <appropriations level="small"><heading>research and development</heading> <content class="firstIndent1 fontsize10">For expenses necessary for the conduct of research by the Weather Bureau, including development and service testing of equipment: purchase of two aircraft; operation and maintenance of aircraft; and for acquisition, establishment, and relocation of research facilities and related equipment; $11,000,000, to remain available until June 30, 1965: <proviso><i>Provided</i>, That appropriations granted under this head, in the fiscal year 1962, shall be merged with this appropriation.</proviso> </content> </appropriations> <page identifier="/us/stat/76/1097">76 <inline class="smallCaps">Stat</inline>. 1097</page> <appropriations level="small"><heading>establishment of meteorological facilities</heading> <content class="firstIndent1 fontsize10">For an additional amount for the acquisition, establishment, and relocation of operational facilities and related equipment, including the alteration and modernization of existing facilities, and for the acquisition of land; $4,325,000, to remain available until June 30, 1965: <proviso><i>Provided</i>, That the appropriations heretofore granted under this head shall be merged with this appropriation.</proviso> </content> </appropriations> <appropriations level="small"><heading>meteorological satellite operations</heading> <content class="firstIndent1 fontsize10">For expenses necessary to establish and operate a system for the continuous observation of worldwide meteorological conditions from space satellites and for the reporting and processing of the data obtained for use in weather forecasting, $40,000,000, to remain available until expended: <proviso><i>Provided</i>, That payments of not to exceed $285,000 may be made to the appropriation for the Weather Bureau for the current fiscal year for “Salaries and expenses”:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for payment to the National Aeronautics and Space Administration for procurement, in accordance with the authority available to that Administration, of such equipment or facilities as may lie necessary to establish and operate the aforesaid system.</proviso> </content> </appropriations> <level> <heading class="smallCaps centered">General Provisions—Department of Commerce</heading> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num><content class="inline">During the current fiscal year applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (5 U.S.C. 596a), to the extent and in the manner prescribed by said Act.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/907">63 Stat. 907</ref>.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num><content class="inline">Appropriations in this title available for salaries and expenses shall be available for liire of passenger motor vehicles; services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), but, unless otherwise specified, at rates for individuals<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> not to exceed $75 per diem; and uniforms, or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1114">68 Stat. 1114</ref>.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num><content class="inline"> <p class="inline">The Bureau of the Budget shall provide the Congress, in connection with the budget presentation for nscal year 1964 and each succeeding year thereafter, a horizontal budget showing (a) the totality of the programs for meteorology, (b) the specific aspects of the program and funding assigned to each agency, and (c) the estimated goals and financial requirements.</p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Department of Commerce Appropriation<sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote> Act, 1963</shortTitle>”.</p> </content> </section> </level> <num value="IV">TITLE IV—</num><heading class="inline">THE JUDICIARY<sidenote><p class="firstIndent1 fontsize8">Judiciary Appropriation Act, 1963.</p></sidenote></heading> <appropriations level="intermediate"><heading>Supreme Court of the United States</heading> <appropriations level="small"><heading>salaries</heading> <content class="firstIndent1 fontsize10">For the Chief Justice and eight Associate Justices, and all other officers and employees, whose compensation shall lie fixed by the Court, except as otherwise provided by law, and who may lie employed and assigned by the Chief Justice to any office or work of the Court, $1,494,000. </content> </appropriations> </appropriations> <page identifier="/us/stat/76/1098">76 <inline class="smallCaps">Stat</inline>. 1098</page> <appropriations level="intermediate"><heading>Printing and Binding Supreme Court Reports</heading> <content class="firstIndent1 fontsize10">For printing and binding the advance opinions, preliminary prints, and bound reports of the Court, $108,000. </content> </appropriations> <appropriations level="small"><heading>miscellaneous expenses</heading> <content class="firstIndent1 fontsize10">For miscellaneous expenses, to be expended as the Chief Justice may approve, $79,000. </content> </appropriations> <appropriations level="small"><heading>care of the building and grounds</heading> <content class="firstIndent1 fontsize10">For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon him by the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/668">48 Stat. 668</ref>.</p></sidenote>Act approved May 7, 1934 (40 U.S.C. 13a–13b), including improvements, maintenance, repairs, equipment, supplies, materials, and appurtenances; special clothing for workmen; and personal and other services (including temporary labor without reference to the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1071/s2251">5 USC 1071 note; 5 USC 2251 note</ref>.</p></sidenote>Classification and Retirement Acts, as amended), and for snow removal by hire of men and equipment or under contract without compliance with section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); $323,400. </content> </appropriations> <appropriations level="small"><heading>automobile for the chief justice</heading> <content class="firstIndent1 fontsize10">For purchase, exchange, lease, driving, maintenance, and operation of an automobile for the Chief Justice of the United States, $6,800. </content> </appropriations> <appropriations level="intermediate"><heading>Books for the Supreme Court</heading> <content class="firstIndent1 fontsize10">For books and periodicals for the Supreme Court, to be purchased by the Librarian of the Supreme Court, under the direction of the Chief Justice, $35,000. </content> </appropriations> <appropriations level="intermediate"><heading>Court of Customs and Patent Appeals</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For salaries of the chief judge, four associate judges, and all other officers and employees of the court, and necessary expenses of the court, including exchange of books, and traveling expenses, as may be approved by the chief judge, $361,000. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Customs Court</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For salaries of the chief judge and eight judges; salaries of the officers and employees of the court; services as authorized <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>by section 15 of the Act or August 2, 1946 (5 U.S.C. 55a); and necessary expenses of the court, including exchange of books, and traveling expenses, as may be approved by the court; $919,000: <proviso><i>Provided</i>, That traveling expenses of judges of the Customs Court shall be paid upon the written certificate of the judge.</proviso> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Court of Claims</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For salaries of the chief judge, four associate judges, and all other officers and employees of the court, and for other necessary expenses, including stenographic and other fees and charges necessary in the taking or testimony, and travel, $1,025,000. </content> </appropriations> </appropriations> <page identifier="/us/stat/76/1099">76 <inline class="smallCaps">Stat</inline>. 1099</page> <appropriations level="small"><heading>repairs and improvements</heading> <content class="firstIndent1 fontsize10">For necessary repairs and improvements to the Court of Claims buildings, to be expended under the supervision of the Architect of the Capitol, $9,500. </content> </appropriations> <appropriations level="intermediate"><heading>Courts of Appeals, District Courts, and Other Judicial Services</heading> <appropriations level="small"><heading>salaries of judges</heading> <content class="firstIndent1 fontsize10">For salaries of circuit judges; district judges (including judges of the district courts of the Virgin Islands, the Panama Canal Zone, and Guam); justices and judges retired or resigned under title 28, United States Code, sections 371, 372, and 373; and annuities<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/12">68 Stat. 12</ref></p></sidenote> of widows of Justices of the Supreme Court of the United States in accordance with title 28, United States Code, section 375; $10,860,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/918">68 Stat. 918</ref>.</p></sidenote> </content> </appropriations> </appropriations> <appropriations level="small"><heading>salaries of supporting personnel</heading> <content class="firstIndent1 fontsize10">For salaries of all officials and employees of the Federal Judiciary, not otherwise specifically provided for, $27,000,000: <proviso><i>Provided</i>, That the compensation of secretaries and law clerks of circuit and district judges shall be fixed by the Director of the Administrative Office of the United States Courts without regard to the Classification Act of 1949, as amended, except that the salary of a secretary shall conform<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1071">5 USC 1071 note</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 843.</p></sidenote> with that of the General Schedule guides (GS) 5, 6, 7, 8, 9, or 10, as the appointing judge shall determine, and the salary of a law clerk shall conform with that of the General Schedule grades (GS) 7, 8, 9, 10, 11, or 12, as the appointing judge shall determine, subject to review by the Judicial Conference of the United States if requested by the Director, such determination by the judge otherwise to be final:</proviso> <proviso><i>Provided further</i>, That (exclusive of step increases corresponding with those provided for by title VII of the Classification Act of 1949,<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 847.</p></sidenote> as amended, and of compensation paid for temporary assistance needed because of an emergency) the aggregate salaries paid to secretaries and law clerks appointed by one judge shall not exceed $15,950 per annum, except in the case of the chief judge of each circuit and the chief judge of each district court having five or more district judges, in which case the aggregate salaries shall not exceed $21,305 per annum.</proviso> </content> </appropriations> <appropriations level="small"><heading>fees of jurors and commissioners</heading> <content class="firstIndent1 fontsize10">For fees, expenses, and costs of jurors; compensation of jury commissioners; fees of United States commissioners and other committing magistrates acting under title 18, United States Code, section 3041;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/815">62 Stat. 815</ref>.</p></sidenote> and compensation of voting referees fixed by the court pursuant to the provisions of the Civil Rights Act of 1960 (74 Stat. 86); $5,800,000:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1971">42 USC 1971 note</ref>.</p></sidenote> <proviso><i>Provided</i>, That $300,000 of the foregoing amount shall be available for the payment of obligations incurred under the appropriation for similar purposes for the preceding fiscal year.</proviso> </content> </appropriations> <appropriations level="small"><heading>travel and miscellaneous expenses</heading> <content class="firstIndent1 fontsize10">For necessary travel and miscellaneous expenses, not otherwise provided for, incurred by the Judiciary, including the purchase of firearms and ammunition, and the cost of contract statistical services for the office of Register of Wills of the District of Columbia, $4,600,000: <proviso><i>Provided</i>, That this sum shall be available in an amount not to exceed $16,500 for expenses of attendance at meetings concerned with the work of Federal probation when incurred on the written authorization <page identifier="/us/stat/76/1100">76 <inline class="smallCaps">Stat</inline>. 1100</page> of the Director of the Administrative Office of the United States Courts:</proviso> <proviso><i>Provided further</i>, That no part of this appropriation may be used for payment of actual expenses of subsistence in excess of $25 per diem.</proviso> </content> </appropriations> <appropriations level="small"><heading>administrative office of the united states courts</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the Administrative Office of the United States Courts, including travel, advertising, and rent in the District of Columbia and elsewhere, $1,500,000: <proviso><i>Provided</i>, That not to exceed $110,000 of the appropriations contained in this title shall be available for the study of rules of practice and procedure.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Salaries of Referees</heading> <content class="firstIndent1 fontsize10">For salaries of referees as authorized by the Act of June 28, 1946, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/326">60 Stat. 326</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/259">73 Stat. 259</ref>.</p></sidenote>as amended (11 U.S.C. 68), not to exceed $2,600,0(X), to be derived from the Referees’ salary and expense fund established in pursuance of said Act. </content> </appropriations> <appropriations level="intermediate"><heading>Expenses of Referees</heading> <content class="firstIndent1 fontsize10">For expenses of referees as authorized by the Act of June 28, 1946, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/329">60 Stat. 329</ref>.</p></sidenote>as amended (11 U.S.C. 68,102), not to exceed $4,850,000, to be derived from the Referees’ salary and expense fund established in pursuance of said Act. </content> </appropriations> <level> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">General Provisions—The Judiciary</heading> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num><sidenote><p class="firstIndent1 fontsize8">Reimbursement to U. S.</p></sidenote><content class="inline">Sixty per centum of the expenditures for the District Court of the United States for the District of Columbia from all appropriations under this title and 30 per centum of the expenditures for the United States Court of Appeals for the District of Columbia from all appropriations under this title shall be reimbursed to the United States from any funds in the Treasury to the credit of the District of Columbia.</content> </section> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num><sidenote><p class="firstIndent1 fontsize8">U. S. Court of Appeals, reports.</p></sidenote><content class="inline"> <p class="inline">The reports of the United States Court of Appeals for the District of Columbia shall not be sold for a price exceeding that approved by the court and for not more than $6.50 per volume.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote>This title may be cited as the “<shortTitle role="title">Judiciary Appropriation Act, 1963</shortTitle>”.</p> </content> </section> </level> <num value="V">TITLE V—</num><heading class="inline">RELATED AGENCIES</heading> <appropriations level="intermediate"><heading>American Battle Monuments Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchase and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; not to exceed $80,000 for expenses of travel; rent of office anti garage space in foreign countries; purchase (one for replacement only) and hire of passenger motor vehicles; and insurance of official motor vehicles in foreign countries when required by law of such countries; $1,523,000: <proviso><i>Provided</i>, That where station allowance has been authorized by the Department of the Army for officers of the Army serving the Army at certain foreign stations, the same allowance shall be authorized for officers of the Armed Forces assigned to the Commission while serving at the same foreign stations, and this appropriation is hereby made available for the payment of such allowance:</proviso> <proviso><i>Provided further</i>, That when traveling on business of the Commission, officers of the Armed <page identifier="/us/stat/76/1101">76 <inline class="smallCaps">Stat</inline>. 1101</page>Forces serving as members or as secretary of the Commission may be reimbursed for expenses as provided for civilian members of the Commission:</proviso> <proviso><i>Provided further</i>, That the Commission shall reimburse other Government agencies, including the Armed Forces, for salary, pay, and allowances of personnel assigned to it.</proviso> </content> </appropriations> </appropriations> <appropriations level="small"><heading>dedication of memorials</heading> <content class="firstIndent1 fontsize10">Not to exceed $40,000 shall be available until June 30, 1964, from the appropriation to the Commission for “Salaries and expenses”, for the current fiscal year, for necessary expenses of appropriate dedications of World War II memorials, erected under the authority of the Act of July 25, 1956 (36 U.S.C. 123), including travel and such other<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/641">70 Stat. 641</ref>.</p></sidenote> expenses as the Commission may deem necessary, and such amount may be expended without regard to such provisions of law, or regulations relating to the expenditure of public funds as the Commission may deem proper (except that this exemption shall not be construed as waiving the requirement for a General Accounting Office audit): <proviso><i>Provided</i>, That, when in the discretion of the head of any other Government agency it would be in the public interest, personnel, services, supplies, equipment, and facilities of such agency may be furnished, without reimbursement to the Commission for the purposes of these dedications.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Commission on Civil Rights</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For expenses necessary for the Commission on Civil Rights, including hire of passenger motor vehicles, $950,000: <proviso><i>Provided</i>, That the compensation of any employee paid from funds provided under this head shall not exceed $20,500 per annum.</proviso> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Maritime Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the Federal Maritime Commission, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates for individuals not to exceed $75 per diem;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> hire of passenger motor vehicles; and uniforms, or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); $2,300,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1114">68 Stat. 1114</ref>.</p></sidenote> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Foreign Claims Settlement Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For expenses necessary to carry on the activities of the Foreign Claims Settlement Commission, including services as authorized by section 15 of the Act of August 2, 1946 ( 5 U.S.C. 55a); allowances and benefits similar to those provided by title IX of the Foreign Service Act of 1946, as amended, as determined by the Commission; expenses<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1131/1158">22 USC 1131–1158</ref>.</p></sidenote> of packing, shipping, and storing personal effects of personnel assigned abroad; rental or lease, for such periods as may lie necessary, of office space and living quarters for personnel assigned abroad; maintenance, improvement, and repair of properties rented or leased abroad, and furnishing fuel, water, and utilities for such properties; insurance on official motor vehicles abroad; and advances of funds abroad; not to exceed $12,000 for expenses of travel; advances or reimbursements to other Government agencies for use of their facilities and services in carrying out the functions of the Commission; hire of motor vehicles <page identifier="/us/stat/76/1102">76 <inline class="smallCaps">Stat</inline>. 1102</page>for field use only; purchase of two passenger motor vehicles for use in Poland; and employment of aliens; $700,000, and in addition $30,000 (to be merged with this appropriation) to be derived from the War claims fund created by section 13(a) of the War Claims Act of 1948 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/1247">62 Stat. 1247</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s2012">50 USC app. 2012(a)</ref>.</p></sidenote>(50 U.S.C. App. 2012a). </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Small Business Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses, not otherwise provided for, of the Small Business Administration, including hire of passenger motor vehicles, $5,750,000, and in addition there may be transferred to this appropriation not to exceed $27,000,000 from the revolving fund, Small Business Administration, for administrative expenses in connection with activities financed under said fund: <proviso><i>Provided</i>, That the amount authorized for transfer from the revolving fund, Small Business Administration, may be increased, with the approval of the Director of the Bureau of the Budget, by such amount (not exceeding $500,000) as may be required to finance administrative expenses incurred in the making of disaster loans:</proviso> <proviso><i>Provided further</i>, That 10 per centum of the amount authorized to lie transferred from the revolving fund, Small Business Administration, shall be apportioned for use, pursuant <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665</ref>.</p></sidenote>to section 3679 of the Revised Statutes, as amended, only in such amounts and at such times as may be necessary to carry out the business loan program.</proviso> </content> </appropriations> </appropriations> <appropriations level="small"><heading>revolving fund</heading> <content class="firstIndent1 fontsize10">For additional capital for the revolving fund authorized by the Small Business Act of 1953, as amended, to be available without fiscal year limitations, $300,000,000. </content> </appropriations> <appropriations level="intermediate"><heading>Subversive Activities Control Board</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the Subversive Activities Control Board, including services as authorized by section 15 of the Act of August 2, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>1946 (5 U.S.C. 55a), not to exceed $30,000 for expenses of travel, and not to exceed $500 for the purchase of newspapers and periodicals, $395,000. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Tariff Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the Tariff Commission, including subscriptions to newspapers (not to exceed $300), not to exceed $70,000 for expenses of travel, and services as authorized by section 15 of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $75 per diem for individuals, $2,950,000: <proviso><i>Provided</i>, That no part of this appropriation shall be used to pay the salary of any member of the Tariff Commission who shall hereafter participate in any proceedings under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/46/701">46 Stat. 701</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1336/1338">19 USC 1336–1338</ref>.</p></sidenote>sections 336, 337, and 338 of the Tariff Act of 1930, wherein he or any member of his family has any special, direct and pecuniary interest, or in which he has acted as attorney or special representative:</proviso> <proviso><i>Provided further</i>, That no part of the foregoing appropriation shall be used for making any special study, investigation, or report at the request of any other agency of the executive branch of the Government unless reimbursement is made for the cost thereof.</proviso> </content> </appropriations> </appropriations> <page identifier="/us/stat/76/1103">76 <inline class="smallCaps">Stat</inline>. 1103</page> <appropriations level="intermediate"><heading>United States Arms Control and Disarmament Agency</heading> <appropriations level="small"><heading>arms control and disarmament activities</heading> <content class="firstIndent1 fontsize10">For necessary expenses, not otherwise provided for, for arms control and disarmament activities authorized by the Act of September 26, 1961 (75 Stat. 631), $6,500,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s1501">50 USC 1501</ref> note.</p></sidenote> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>United States Information Agency</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For expenses necessary to enable the United States Information Agency, as authorized by Reorganization Plan No. 8 of 1953, the Mutual Educational and Cultural Exchange Act (75 Stat. 527), and the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/67/642">67 Stat. 642</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s133z/15">5 USC 133z–15</ref> note.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2451">22 USC 2451</ref> note.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/6">62 Stat. 6</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/538">75 Stat. 538</ref>.</p></sidenote> United States Information and Educational Exchange Act, as amended (22 U.S.C. 1431 et seq.), to carry out international information activities, including employment, without regard to the civil service and classification laws, of (1) persons on a temporary basis (not to exceed $120,000), (2) aliens within the United States, and (3) aliens abroad for service in the United States relating to the translation or narration of colloquial speech in foreign languages (such aliens to be investigated for such employment in accordance with procedures established by the Secretary of State and the Attorney General); travel expenses of aliens employed abroad for service in the United States and their dependents to and from the United States; salaries, expenses, and allowances of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158);<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/999">60 Stat. 999</ref>.</p></sidenote> entertainment within the United States not to exceed $500; hire of passenger motor vehicles; insurance on official motor vehicles in foreign countries; services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); payment of tort claims, in the manner<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> authorized in the first paragraph of section 2672, as amended, of title 28 of the United States Code when such claims arise in foreign countries;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/62">63 Stat. 62</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/471">73 Stat. 471</ref>.</p></sidenote> advance of funds notwithstanding section 3648 of the Revised Statutes, as amended; dues for library membership in organizations<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s529">31 USC 529</ref>.</p></sidenote> which issue publications to members only, or to members at a price lower than to others; employment of aliens, by contract, for service abroad; purchase of ice and drinking water abroad; payment of excise taxes on negotiable instruments abroad; cost of transporting to and from a place of storage and the cost of storing the furniture and household and personal effects of an employee of the Foreign Service who is assigned to a post at which he is unable to use his furniture and effects, under such regulations as the Director may prescribe; actual expenses of preparing and transporting to their former homes the remains of persons, not United States Government employees, who may die away from their homes while participating in activities authorized under this appropriation; radio activities and acquisition and production of motion pictures and visual materials and purchase or rental of technical equipment and facilities therefor, narration, script-writing, translation, and engineering services, by contract or otherwise; maintenance, improvement, and repair of properties used for information activities in foreign countries; fuel and utilities for Government-owned or leased property abroad; rental or lease for periods not exceeding five years of offices, buildings, grounds, and living quarters for officers and employees engaged m informational activities abroad; travel expenses for employees attending official international conferences, without regard to the Standardized Government Travel Regulations and to the rates of per diem allowances in lieu of subsistence expenses under the Travel Expense Act of 1949,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/339">75 Stat. 339</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s835">5 USC 835</ref> note</p></sidenote><page identifier="/us/stat/76/1104">76 <inline class="smallCaps">Stat</inline>. 1104</page>but at rates not in excess of comparable allowances approved for such conferences by the Secretary of State; and purchase of objects for presentation to foreign governments, schools, or organizations; $120,500,000, of which not less than $11,000,000 shall be <sidenote><p class="firstIndent1 fontsize8">Travel outside U. S.</p></sidenote>used to purchase foreign currencies or credits owed to or owned by the Treasury of the United States: <proviso><i>Provided</i>, That not to exceed $110,000 may be used for representation abroad:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for expenses in connection with travel of personnel outside the continental United States, including travel of dependents and transportation of personal effects, household goods, or automobiles of such personnel, when any part of such travel or transportation begins in the current fiscal year pursuant to travel orders issued in that year, notwithstanding the fact that such travel or transportation may not be completed during the current year:</proviso> <proviso><i>Provided further</i>, That passenger motor vehicles used abroad exclusively for the purposes of this appropriation may be exchanged or sold, pursuant to section 201(c) of the Act of June 30, 1949 (40 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/383">63 Stat. 383</ref>.</p></sidenote>481(c)), and the exchange allowances or proceeds of such sales shall be available for replacement of an equal number of such vehicles and the cost, including the exchange allowance of each such replacement, except buses and station wagons, shall not exceed $1,500:</proviso> <proviso><i>Provided further</i>, That, notwithstanding the provisions of section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), the United States Information Agency is authorized, in making contracts for the use of international shortwave radio stations and facilities, to agree on behalf of the United States to indemnify the owners and operators of said radio stations and facilities from such funds as may be hereafter appropriated for the purpose against loss or damage on account of injury to persons or property arising from such use of said radio stations and facilities:</proviso> <proviso><i>Provided further</i>, That existing appointments and assignments to the Foreign Service Reserve for the purposes of foreign information and educational activities which expire during the current fiscal year may be extended for a period of one year in addition to the period of appointment or assignment otherwise authorized.</proviso> </content> </appropriations> </appropriations> <appropriations level="small"><heading>salaries and expenses (special foreign currency program)</heading> <content class="firstIndent1 fontsize10">For purchase of foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the United States Information Agency, as authorized by law, $8,500,000, to remain available until expended. </content> </appropriations> <appropriations level="small"><heading>special international exhibitions</heading> <content class="firstIndent1 fontsize10">For expenses necessary to carry out the functions of the United States Information Agency under section 102(a)(3) of the “Mutual <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2452">22 USC 2452</ref>.</p></sidenote>Educational and Cultural Exchange Act of 1961” (75 Stat. 527), $7,600,000, to remain available until expended: <proviso><i>Provided</i>, That not to exceed a total of $10,550 may be expended for representation:</proviso> <proviso><i>Provided further</i>, That the unexpended balance of funds heretofore appropriated under the heading “Special International Program” for expenses of trade fair participation, labor and trade missions, and United States Information Agency special exhibits, shall be merged with funds appropriated hereunder and accounted for as one fund.</proviso> </content> </appropriations> <page identifier="/us/stat/76/1105">76 <inline class="smallCaps">Stat</inline>. 1105</page> <appropriations level="small"><heading>special international exhibitions</heading> <appropriations level="small"><heading>(special foreign currency program)</heading> <content class="firstIndent1 fontsize10">For purchase of foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the United States Information Agency in connection with special international exhibitions under the Mutual Educational and Cultural Exchange Act of 1961 (75 Stat. 527), $375,000, to remain available until expended: <proviso><i>Provided</i>,, That not to exceed $1,250 may be. expended for representation:</proviso> <proviso><i>Provided further</i>, That the unexpended balance of funds heretofore appropriated under the heading “Special International Program (Special Foreign Currency Program)” shall be merged with funds appropriated hereunder and accounted for as one fund.</proviso> </content> </appropriations> </appropriations> <appropriations level="small"><heading>acquisition and construction of radio facilities</heading> <content class="firstIndent1 fontsize10">For an additional amount for the purchase, rent, construction, and improvement of facilities for radio transmission and reception, purchase and installation of necessary equipment for radio transmission and reception, without regard to the provisions of the Act of June 30, 1932 (40 U.S.C. 278a), and acquisition of land and interests in land by purchase, lease, rental, or otherwise, $8,750,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available for acquisition of land outside the continental United States without regard to section 355 of the Revised Statutes (40 U.S.C. 255), and title to any land so acquired shall lie approved by the Director of the United States Information Agency.</proviso> </content> </appropriations> <appropriations level="small"><heading>informational media guarantee fund</heading> <content class="firstIndent1 fontsize10">For the “Informational media guarantee fund”, for partial restoration of realized impairment to the capital used in carrying on the authority to make informational media guarantees, as provided in section 1011 of the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1442), $1,000,000. </content> </appropriations> <num value="VI">TITLE VI—</num><heading class="inline">FEDERAL PRISON INDUSTRIES, INCORPORATED</heading> <chapeau class="firstIndent1 fontsize10">The following corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such corporation, and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the program set forth in the budget for the fiscal year 1963 for such corporation including purchase (not to exceed ten) and hire of passenger motor vehicles, except as hereinafter provided: </chapeau> <appropriations level="small"><heading>limitation on administrative and vocational training expenses, federal prison industries, incorporated</heading> <content class="firstIndent1 fontsize10">Not to exceed $575,000 of the funds of the corporation shall be available for its administrative expenses, and not to exceed $1,135,000 for the expenses of vocational training of prisoners, both amounts to be available for services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), and to be computed on an accrual basis and to be determined in accordance with the corporation’s prescribed account-<page identifier="/us/stat/76/1106">76 <inline class="smallCaps">Stat</inline>. 1106</page>ing system in effect on July 1, 1946 and shall be exclusive of depreciation, payment of claims, expenditures which the said accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest. </content> </appropriations> <num value="VII">TITLE VII—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num><content class="inline">No part of any appropriation contained in this Act shall lie used for publicity or propaganda purposes not authorized by the Congress.</content> </section> <section class="firstIndent1 fontsize10"> <num value="702"><inline class="smallCaps">Sec</inline>. 702. </num><sidenote><p class="firstIndent1 fontsize8">Publicity or propaganda.</p></sidenote><content class="inline"> <p class="inline">No part of any appropriation contained in this Act shall be used to administer any program which is funded in whole or in part from foreign currencies or credits for which a specific dollar appropriation therefor has not been made.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote>This Act may be cited as the “<shortTitle role="act">Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1068</shortTitle>”.</p> </content> </section> Approved October 18, 1962.
Public Law 87–844: For the relief of Cuyahoga County, Ohio. Public Law 844 Public Law 87–844 76 Stat. 1106 1962-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–844
AN ACT For the relief of Cuyahoga County, Ohio.

October 18, 1962

[H. R. 9804]

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

Cuyahoga County Ohio.

Claims settlement.
That the Secretary of the Treasury is authorized anti directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $22,353.87 to the county of Cuyahoga, Ohio, in accordance with the recommendations of the opinion in congressional reference case numbered 7–59, Cuyahoga County, Ohio, against the United States, in the Court of Claims. The amount paid under the authority of this Act shall be in full settlement of all claims of Cuyahoga County, Ohio, against the United States for taxes, interest, assessments, and penalties due that county on parcels numbered 2 and 3 of property involved in a housing project in the city of Euclid, Ohio, which was included in a condemnation proceeding instituted in the United States District Court for the Northern District of Ohio on April 22, 1942: Provided,That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act snail be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 18, 1962.
Public Law 87–845: To revise and codify the general and permanent laws relating to and in force in the Canal Zone and to enact the Canal Zone Code, and for other purposes. Public Law 845 Public Law 87–845 76 Stat. 1106 1962-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–845
AN ACT To revise and codify the general and permanent laws relating to and in force in the Canal Zone and to enact the Canal Zone Code, and for other purposes.

October 18, 1962

[H. R. 10931]

[This Act is printed as Volume 76A, U.S. Statutes at Large.]
Public Law 87–846: To amend the War Claims Act of 1948, as amended, to provide compensation for certain World War II losses. Public Law 846 Public Law 87–846 76 Stat. 1107 1962-10-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1107 Public Law 87–846
AN ACT To amend the War Claims Act of 1948, as amended, to provide compensation for certain World War II losses.

October 22, 1962

[H. R. 7283]

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

War Claims Act of 1948, amendment.

 <num value="I">TITLE I</num> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Section</inline> 101. </num><content class="inline">That the War Claims Act of 1948, as amended, is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/1240">62 Stat. 1240</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s2001">50 USC app. 2001</ref> note.</p></sidenote> further amended by inserting after section 1 thereof the following: <quotedContent> <title> <num value="I">“TITLE I”</num>
Sec. 102. The word “Act” wherever it appears in title I except in section 13(a) in reference to the War Claims Act of 1948, as amended, is amended to read “title”.

50 USC app. 2012.
Sec. 103. The War Claims Act of 1948, as amended, is further amended by adding at the end thereof the following: <num value="II">“TITLE II</num> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“definitions</heading> <num value="201">“<inline class="smallCaps">Sec</inline>. 201. </num><chapeau class="inline">As used in this title the term or terms—</chapeau> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>‘Albania’, ‘Austria’, ‘Czechoslovakia’, ‘the Free Territory of Danzig’, ‘Estonia’, ‘Germany’, ‘Greece’, ‘Latvia’, ‘Lithuania’, ‘Poland’, and ‘Yugoslavia’, when used in their respective geographical senses, mean the territorial limits of each such country or free territory, as the case may be, in continental Europe as such limits existed on December 1, 1937.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>‘Commission’ means the Foreign Claims Settlement Commission of the United States established pursuant to Reorganization Plan Numbered 1 of 1954 (68 Stat. 1279).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s133/15">5 USC 133–15</ref> note.</p><p class="firstIndent1 fontsize8"><ref href="/us/cfr/t1954/s1958">3 CFR 1954–1958 Comp</ref>.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>‘National of the United States’ means (1) a natural person who is a citizen of the United States, (2) a natural person who, though not a citizen of the United States, owes permanent allegiance to the United States, and (3) a corporation, partnership, unincorporated body, or other entity, organized under the laws of the United States, or of any State, the Commonwealth of Puerto Rico, the District of Columbia, or any possession of the United States and in which more than 50 per centum of the outstanding capital stock or other proprietary or similar interest is owned, directly or indirectly, by persons referred to in clauses (1) and (2) of this subsection. It does not include aliens.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>‘Property’ means real property and such items of tangible personalty as can be identified and evaluated.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“claims authorized</heading> <num value="202">“<inline class="smallCaps">Sec</inline>. 202. </num><chapeau class="inline">The Commission is directed to receive and to determine according to the provisions of this title the validity and amount of claims of nationals of the United States for—</chapeau> <subsection class="indent0 fontsize10"> <num value="a">“(a) </num> <content>loss or destruction of. or physical damage to, property located in Albania, Austria, Czechoslovakia, the Free Territory of Danzig, Estonia, Germany, Greece, Latvia, Lithuania, Poland, or Yugoslavia, or in territory which was part of Hungary or Rumania on December 1, 1937, but which was not included in such countries on September 15, 1947, which loss, destruction, <page identifier="/us/stat/76/1108">76 <inline class="smallCaps">Stat</inline>. 1108</page>or physical damage occurred during the period beginning September 1, 1939, and ending May 8, 1945, or which occurred in the period beginning July 1, 1937, and ending September 2, 1945, to property in territory occupied or attacked by the Imperial Japanese military forces (including territory to which Japan has renounced all right, title, and claim under article 2 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/ust/t3/s3172">3 UST 3172</ref>.</p></sidenote>of the Treaty of Peace Between the Allied Powers and Japan) except the island of Guam: <proviso><i>Provided</i>, That claims for loss, destruction, or damage occurring in the Commonwealth of the Philippines shall not be allowed except on behalf of nationals of the United States who have received no payment, and certify under oath or affirmation that they have received no payment, on account of the same loss, destruction, or damage under the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/128">60 Stat. 128</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s1751">50 USC app. 1751</ref> note.</p></sidenote>Philippine Rehabilitation Act of 1946, whether or not claim was filed thereunder:</proviso> <proviso><i>Provided further</i>, That such loss, destruction, or damage must have occurred, as a direct consequence of (1) military operations of war or (2) special measures directed against property m such countries or territories during the respective periods specified, because of the enemy or alleged enemy character of the owner, which property was owned, directly or indirectly, by a national of the United States at the time of such loss, damage or destruction;</proviso> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>damage to, or loss or destruction of, ships or ship cargoes directly or indirectly owned by a national of the United States at the time such damage, loss, or destruction occurred, which was a direct consequence of military action by Germany or Japan during the period beginning September 1, 1939, and ending September 2, 1945; no award shall be made under this subsection in favor of any insurer or reinsurer as assignee or otherwise as successor in interest to the right of the insured;</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>net losses under war-risk insurance or reinsurance policies or contracts, incurred in the settlement of claims for insured losses of ships directly or indirectly owned by a national of the United States at the time of the loss, damage, or destruction of such ships and at the time of the settlement of such claims, which insured losses were a direct consequence of military action by Germany or .Japan during the period beginning September 1, 1939, and ending September 2, 1945; such net losses shall be determined by deducting from the aggregate of all payments made in the settlement of such insured losses the aggregate of the net amounts received by any such insurance companies on all policies or contracts of war-risk insurance or reinsurance on ships under which the insured was a national of the United States, after deducting expenses; and</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <chapeau class="inline">loss or damage on account of—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau>the death of any person who, being then a civilian national of the United States and a passenger on any vessel engaged in commerce on the high seas, died or was killed as a result of military action by Germany or Japan which occurred during the period beginning September 1, 1939, and ending December 11, 1941; awards under this paragraph shall be made only to or for the benefit of the following persons in the order of priority named:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>widow or husband if there is no child or children of the deceased;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>widow or husband and child or children of the deceased, one-half to the widow or husband and the other half to the child or children of the deceased in equal shares;</content> </subparagraph> <page identifier="/us/stat/76/1109">76 <inline class="smallCaps">Stat</inline>. 1109</page> <subparagraph class="firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>child or children of the deceased (in equal shares) if there is no widow or husband; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>parents of the deceased ( in equal shares) if there is no widow, husband, or child;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>injury or permanent disability sustained by any person, who being then a civilian national of the United States and a passenger on any vessel engaged in commerce on the high seas, was injured or permanently disabled as a result of military action by Germany or Japan which occurred during the period beginning September 1, 1939, and ending December 11, 1941; awards under this paragraph shall be payable solely to the person so injured or disabled;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the loss or destruction, as a result of such action, of property on such vessel, as determined by the Commission to be reasonable, useful, necessary, or proper under the circumstances. which property was owned by any civilian national of the United States who was then a passenger on such vessel; and in the case of the death of any person suffering such loss, awards under this paragraph shall be made only to or for the benefit of the persons designated in paragraph (1) of this subsection and in the order of priority named therein.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“transfers and assignments</heading> <num value="203">“<inline class="smallCaps">Sec</inline>. 203. </num><content class="inline">The transfer or assignment for value of any property forming the subject matter of a claim under subsection (a) or (I)) of section 202 subsequent to its damage, loss, or destruction shall not operate to extinguish any claim of the transferor otherwise compensable under either of such subsections. If a claim which could otherwise be allowed under subsection (a) or (b) of section 202 has been assigned for value prior to the enactment of this title, the assignee shall be the party entitled to claim thereunder.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“nationality of claimants</heading> <num value="204">“<inline class="smallCaps">Sec</inline>. 204. </num><content class="inline">No claim shall be allowed under subsection (a), (b), or (c) of section 202 of this title unless the property upon which it is based was owned by a national or nationals of the United States on the date of loss, damage, or destruction and unless the claim was owned by a national or nationals of the United States continuously thereafter until the date of filing with the Commission pursuant to this title. Where any person who lost United States citizenship solely by reason of marriage to a citizen or subject of a foreign country reacquired such citizenship before the date of enactment of this title, then if such individual, but for such marriage would have been a national of the United States at all times on and after the date of such loss, damage, or destruction until the filing of the claim, such individual shall be treated for all purposes of this title as having been a national of the United States at all such times.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“claims of stockholders</heading> <num value="205">“<inline class="smallCaps">Sec</inline>. 205. </num> <subsection class="inline"> <num value="a">(a) </num> <content>A claim under section 202 of this title based upon an ownership interest in any corporation, association, or other entity which is a national of the United States shall be denied.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>A claim under section 202 of this title, based upon a direct ownership interest in a corporation, association, or other entity which suffered a loss within the meaning of said section, shall be allowed, subject to other provisions of this title, if such corporation, association, or other entity on the date of the loss was not a national of the <page identifier="/us/stat/76/1110">76 <inline class="smallCaps">Stat</inline>. 1110</page>United States, without regard to the per centum of ownership vested in the claimant in any such claim.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>A claim under section 202 of this title, based upon an indirect ownership interest in a corporation, association, or other entity which suffered a loss within the meaning of said section, shall be allowed, subject to other provisions of this title, only if at least 25 per centum of the entire ownership interest thereof at the time of such loss was vested in nationals of the United States.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>Any award on a claim under subsection (b) or (c) of this section shall be calculated on the basis of the total loss suffered by such corporation, association, or other entity, and shall bear the same proportion to such loss as the ownership interest of the claimant bears to the entire ownership interest thereof.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“deductions in making awards</heading> <num value="206">“<inline class="smallCaps">Sec</inline>. 206. </num> <subsection class="inline"> <num value="a">(a) </num> <content>In determining the amount of any award there shall be deducted all amounts the claimant has received on account of the same loss or losses with respect to which an award is made under this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Each claim in excess of $10,000 filed under this title by a corporation shall include a statement under oath disclosing the aggregate amount of Federal tax benefits derived by such corporation in any prior taxable year or years resulting from any deduction or deductions claimed for the loss or losses with respect to which such claim is filed. In determining the amount of any award where the allowable loss exceeds $10,000 there shall be deducted an amount equal to the aggregate amount of Federal tax benefits so derived by the claimant. For the purposes of this subsection, such Federal tax benefits shall be the aggregate of the amounts by which the claimant’s taxes for such year or years under chapters 1, 2A, 2B, 2D, and 2E of the Internal Revenue Code of 1939, or subtitle A of the Internal <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/53/4">53 Stat. 4</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/68A/4">68A Stat. 4</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/etseq">26 USC <i>et seq</i></ref>.</p></sidenote>Revenue Code of 1954 were decreased with respect to such loss or losses. Any payments made on an award reduced by reason of this subsection shall be exempt from Federal income taxes.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“consolidated awards</heading> <num value="207">“<inline class="smallCaps">Sec</inline>. 207. </num><content class="inline">With respect to any claim which, at the time of the award, is vested in persons other than the person by whom the loss was sustained, the Commission may issue a consolidated award in favor of all claimants then entitled thereto, which award shall indicate the respective interests of such claimant therein; and all such claimants shall participate, in proportion to their indicated interests, in the payments authorized by this title in all respects as if the award had been in favor of a single person.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“certain awards prohibited</heading> <num value="208">“<inline class="smallCaps">Sec</inline>. 208. </num><content class="inline">No award shall be made under this title to or for the benefit of (1) any person who has been convicted of a violation of any <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/807">62 Stat. 807</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s2381">18 USC 2381 <i>et seq</i>.</ref>,</p></sidenote>provision of chapter 115, title 18 of the United States Code, or of any other crime involving disloyalty to the United States, or (2) any claimant whose claim under this title is within the scope of title III of the International Claims Settlement Act of 1949, as amended (69 Stat. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/12">64 Stat. 12</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1621">22 USC 1621</ref> note.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1641b">22 USC 1641b</ref>.</p></sidenote>570), except any claimant whose award under section 303(1) of title III of the International Claims Settlement Act of 1949, as amended, is recertified pursuant to subsection (b) of section 209 of this title.</content> </section> <page identifier="/us/stat/76/1111">76 <inline class="smallCaps">Stat</inline>. 1111</page> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“certification of awards</heading> <num value="209">“<inline class="smallCaps">Sec</inline>. 209. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Commission shall certify to the Secretary of the Treasury, in terms of United States currency, for payment out of the War Claims Fund each award made pursuant to section Ô02.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The Commission shall recertify to the Secretary of the Treasury, in terms of United States currency, for payment out of the War Claims Fund, awards heretofore made with respect to claims against the Government of Hungary under section 303(1) of title III of the International Claims Settlement Act of 1949, as amended. Nothing<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1641b">22 USC 1641b</ref>.</p></sidenote> contained in this subsection shall be construed as authorizing the filing of new claims against Hungary.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“claim filing period</heading> <num value="210">“<inline class="smallCaps">Sec</inline>. 210. </num><content class="inline">Within sixty days after the enactment of this title or of<sidenote><p class="firstIndent1 fontsize8">Publication in F. R.</p></sidenote> legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under this title, whichever date is later, the Commission shall give public notice by publication in the Federal Register of the time when, and the limit of time within which claims may be filed, which limit shall not be more than eighteen months after such publication.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“claims settlement period</heading> <num value="211">“<inline class="smallCaps">Sec</inline>. 211. </num><content class="inline">The Commission shall complete its affairs in connection with the settlement of claims pursuant to this title not later than four years following the enactment of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under this title.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“notification to claimants</heading> <num value="212">“<inline class="smallCaps">Sec</inline>. 212. </num><content class="inline">Each award or denial of a claim by the Commission, whether rendered lie fore or after a hearing, shall include a specific statement of the facts and of the reasoning of the Commission in support of its conclusion.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“payment of awards; priorities; limitations</heading> <num value="213">“<inline class="smallCaps">Sec</inline>. 213. </num> <subsection class="inline"> <num value="a">(a) </num><chapeau class="inline">The Secretary of the Treasury shall pay out of the War Claims Fund on account of awards certified by the Commission pursuant to this title as follows and in the following order of priority:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>Payment in full of awards made pursuant to section 202(d) (1) and (2), and thereafter of any award made pursuant to section 202(a) to any claimant certified to the Commission by the Small Business Administration as having been, on the date of loss, damage, or destruction, a small business concern within the meaning now set forth in the Small Business Act, as amended.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/384">72 Stat. 384</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s631">15 USC 631</ref> note.</p></sidenote></content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Thereafter, payments from time to time on account of the other awards made pursuant to section 202 in an amount which shall be the same for each award or in the amount of the award, whichever is less. The total payment made pursuant to this paragraph on account of any award shall not exceed $10,000.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Thereafter, payments from time to time on account of the unpaid balance of each remaining award made pursuant to section 202 or recertified pursuant to subsection (b) of section 209 which shall bear to such unpaid balance the same proportion as the total amount in the War Claims Fund and available for distribution at the time such payments are made bears to the aggregate unpaid balances of all such awards. No payment made pursuant to this paragraph on <page identifier="/us/stat/76/1112">76 <inline class="smallCaps">Stat</inline>. 1112</page>account of any award shall exceed the unpaid balance of such award. Payments heretofore made under section 310 of title III of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s16411">22 USC 16411</ref>.</p></sidenote>International Claims Settlement Act of 1949, as amended, on awards made against the Government of Hungary under section 303(1) of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1641b">22 USC 1641b</ref>.</p></sidenote>title III of the International Claims Settlement Act of 1949, as amended, and recertified under subsection (b) of section 209, shall be considered as payments under this paragraph and no payment shall be made on any recertified award until the percentage of distribution on awards made under section 202 exceeds the corresponding percentage of distribution on such recertified award: <proviso><i>Provided</i>, That no payment made on awards recertified under subsection (b) of section 209 shall exceed 40 per centum of the amount of the award recertified.</proviso></content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num><sidenote><p class="firstIndent1 fontsize8">Regulation.</p></sidenote> <content>Such payments, and applications for such payments, shall be made in accordance with such regulations as the Secretary of the Treasury shall prescribe.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>For the purpose of making any such payments, other than under section 213(a)(1), an ‘award’ shall be deemed to mean the aggregate of all awards certified for payment in favor of the same claimant.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>If any person to whom any payment is to be made pursuant to this title is deceased or is under a legal disability, payment shall be made to his legal representative, except that if any payment to be made is not over $1,000 and there is no qualified executor or administrator, payment may be made to the person or persons found by the Comptroller General to be entitled thereto, without, the necessity of compliance with the requirements of law with respect to the administration of estates.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>Payment on account of any award pursuant to this title shall not, unless such payment is for the full amount of the award, extinguish any rights against any foreign government for the unpaid balance of the award.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>Payments made under this section on account of any award for loss, damage, or destruction occurring in the Commonwealth of the Philippines shall not exceed the amount paid on account of awards <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/128">60 Stat. 128</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s1751">50 USC app. 1751 note.</ref></p></sidenote>in the same amount under the Philippine Rehabilitation Act of 1946.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“fees of attorneys and agents</heading> <num value="214">“<inline class="smallCaps">Sec</inline>. 214. </num><content class="inline">No remuneration on account of services rendered on behalf of any claimant in connection with any claim filed with the Commission under this title shall exceed 10 per centum (or such lesser per centum as may be fixed by the Commission with respect to any class of claims) of the total amount paid pursuant to any award certified under the provisions of this title on account of such claim. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, demands or receives, on account of services so rendered, any remuneration in excess of the maximum permitted by this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,0(M) or imprisoned not more than twelve months, or both.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“application of other laws</heading> <num value="215">“<inline class="smallCaps">Sec</inline>. 215. </num><content class="inline">To the extent they are not inconsistent with the provisions of this title, the following provisions of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1621">22 USC 1621</ref> note.</p></sidenote>title I of this Act and title I of the International Claims Settlement Act of 1949, as amended, shall apply to this title: The first sentence of subsection (b) of section 2, all of subsection (c) of section 2 and section 11 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/app/2001/2010">50 USC app. 2001, 2010</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1626">22 USC 1626</ref>.</p></sidenote>of title I of this Act, and subsections (c), (d), (e), and (f) of section 7 of the International Claims Settlement Act of 1949, as amended.</content> </section> <page identifier="/us/stat/76/1113">76 <inline class="smallCaps">Stat</inline>. 1113</page> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“transfer of records</heading> <num value="216">“<inline class="smallCaps">Sec</inline>. 216. </num><content class="inline">The Secretary of State is authorized and directed to transfer or otherwise make available to the Commission such records and documents relating to claims authorized by this title as may be required by the Commission in carrying out its functions under this title.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“administrative expenses</heading> <num value="217">“<inline class="smallCaps">Sec</inline>. 217. </num><content class="inline">There are hereby authorized to be appropriated out of any moneys in the Treasury not otherwise appropriated such sums as may be necessary (but not to exceed the total covered into the Treasury to the credit of miscellaneous receipts under section 39 subsection (d) of the Trading With the Enemy Act) to enable the Commission<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/1246">62 Stat. 1246</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s39">50 USC app. 39</ref>.</p></sidenote> and the Treasury Department to pay their administrative expenses in carrying out their respective functions under this title.”</content> </section>
Sec. 104. (a) Section 2 of the War Claims Act of 1948, as amended, is amended

50 USC app. 2001.

 by adding at the end thereof the following: “(d) The term of office of members of the Foreign Claims Settlement

Commission members, terms of office.

 Commission holding office on the date of enactment of this subsection shall expire at the end of the one-year period which begins on such date, but during such one-year period each such member shall continue to hold office at the pleasure of the President. The President

Appointment.

 shall thereafter appoint, by and with the advice and consent of the Senate, three members of the Commission. The term of office of each member of the Commission shall be three years, except that of the members first appointed after the end of the one-year period which begins on the date of enactment of this subsection, one shall be appointed for a term of three years, one for a term of two years, and one for a term of one year.” (b) Nothing in this section shall be construed to preclude the reappointment as a member of the Foreign Claims Settlement Commission of any person holding office as a member of such Commission on the date of enactment of this Act.
<num value="II">TITLE II</num> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><content class="inline">That the Trading With the Enemy Act, as amended, is amended as follows:</content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><content class="inline">Section 39 of the Trading With the Enemy Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/app/39">50 USC app. 39</ref>.</p></sidenote> amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>The Attorney General is authorized and directed to cover into the Treasury from time to time for deposit in the War Claims Fund such sums from property vested in him or transferred to him under this Act as he shall determine in his discretion not to be required to fulfill obligations imposed under this Act or any other provision of law, and not to tie the subject matter of any judicial action or proceeding. There shall be deducted from each such deposit 5 per centum thereof for expenses incurred by the Foreign Claims Settlement Commission and by the Treasury department in the administration of title II of the War Claims Act of 1948. Such deductions shall be<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1107.</p></sidenote> made before any payment is made pursuant to such title. All amounts so deducted shall lie covered into the Treasury to the credit of miscellaneous receipts.”</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num><content class="inline">Section 9(a) is amended by striking out the period at<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s9">50 USC app. 9</ref>.</p></sidenote> the end thereof and inserting in lieu thereof a colon and the following: “<i>Provided further</i>, That upon a determination made by the President, in time of war or during any national emergency declared by the President, that the interest and welfare of the United States <page identifier="/us/stat/76/1114">76 <inline class="smallCaps">Stat</inline>. 1114</page>require the sale of any property or interest or any part thereof claimed in any suit filed under this subsection and pending on or after the date of enactment of this proviso the Alien Property Custodian or any successor officer, or agency may sell such property or interest or part thereof, in conformity with law applicable to sales of property by him, at any time prior to the entry of final judgment in <sidenote><p class="firstIndent1 fontsize8">Notice of sale.</p><p class="firstIndent1 fontsize8">Publication in F. R.</p></sidenote>such suit. No such sale shall be made until thirty days have passed after the publication of notice in the Federal Register of the intent ion to sell. The net proceeds of any such sale shall be deposited in a special account established in the Treasury, and shall be held in trust by the Secretary of the Treasury pending the entry of final judgment in such suit. Any recovery of any claimant in any such suit in respect of the property or interest, or part thereof so sold shall lie satisfied from the net proceeds of such sale unless such claimant, within sixty days after receipt of notice of the amount of net proceeds of sale serves upon the Alien Property Custodian, or any successor officer or agency, and files with the court an election to waive all claims to the net proceeds, or any part thereof, and to claim just compensation instead. If the court finds that the claimant has established an interest, right, or title in any property in respect of which such an election has been served and filed, it shall proceed to determine the amount which will constitute just compensation for such interest, right, or title, and shall order payment to the claimant of the amount so determined. An order for the payment of just compensation hereunder shall be a judgment against the United States and shall be payable first from the net proceeds of the sale in an amount not to exceed the amount the claimant would have received had he elected to accept his proportionate part of the net proceeds of the sale, and the balance, if any, shall be payable in the same manner as are judgments in cases arising under section 1346 of title 28, United States Code. The Alien Property Custodian or any successor officer or agency shall, immediately upon the entry of final Judgment, notify the Secretary of the Treasury of the determination y final judgment of the claimant’s interest and right to the proportionate part of the net proceeds from the sale, and the final determination by judgment, of the amount of just compensation in the event the claimant has elected to recover just compensation for the interest in the property he claimed.” </content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/app/32">50 USC app. 32</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num><content>Section 32(h) is amended by striking out. all that follows the first sentence in the first paragraph down through the third paragraph, and inserting in lieu thereof the following: <quotedContent> <p class="firstIndent1 fontsize10">“In the case of any organization not so designated before the date of enactment of this amendment, such organization may be so designated only if it applies for such designation within three months after such date of enactment.</p> <p class="firstIndent1 fontsize10">“The President, or such officer as he may designate, shall, before the expiration of the one-year period which begins on the date of enactment of this amendment, pay out of the War Claims Fund to organizations designated before or after the date of enactment, of this amendment pursuant to this subsection the sum of $500,000. If there is more than one such designated organization, such sum shall be allocated among such organizations in the proportions in which the proceeds of heirless property were distributed, pursuant to agreements to which the United States was a party, by the Intergovernmental Committee for Refugees and successor organizations thereto. Acceptance of payment pursuant to this subsection by any such organization shall constitute a full and complete discharge of all claims filed by such organization pursuant to this section, as it existed before the date of enactment of this amendment.</p> <page identifier="/us/stat/76/1115">76 <inline class="smallCaps">Stat</inline>. 1115</page> <p class="firstIndent1 fontsize10">“No payment may be made to any organization designated under this section unless it has given firm and responsible assurances approved by the President that (1) the payment will be used on the basis of need in the rehabilitation and settlement of persons in the United States who suffered substantial deprivation of liberty or failed to enjoy the full rights of citizenship within the meaning of subdivisions (C) and (D) of subsection (a) (2) of this section; (2) it will make to the President, with a copy to be furnished to the Congress, such reports (including a detailed annual report on the use of the payment made to it) and permit such examination of its books as the President, or such officer or agency as he may designate, may from time to time require; and (3) it will not use any part of such payment for legal fees, salaries, or other administrative expenses connected with the filing of claims for such payment or for the recovery of any property or interest under this section.”</p> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The first sentence of section 33 of such Act is amended by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/app/33">50 USC app. 33</ref>.</p></sidenote> striking out all that follows “<quotedText>whichever is later</quotedText>” and inserting a period.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 39 of such Act is amended by adding at the end of subsection<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/app/39">50 USC app. 39</ref>.</p></sidenote> (b) the following new sentence: “Immediately upon the enactment of this sentence, the Attorney General shall cover into the Treasury of the United States, for deposit into the War Claims Fund, from property vested in or transferred to him under this Act, the sum of $500,000 to make payments authorized under section 32(h) of this Act.”<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/app/32">50 USC app. 32</ref>.</p></sidenote></content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num><content class="inline">At the end of the Act, as amended, add the following section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="40">“<inline class="smallCaps">Sec</inline>. 40. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Subject to the provisions of subsection (b) hereof, all rights and interests of individuals in estates, trusts, insurance policies, annuities, remainders, pensions, workmen’s compensation and veterans’ benefits vested under this Act after December 17, 1941, which have not become payable or deliverable to or have not vested in possession in the Attorney General prior to December 31, 1961, are hereby divested: <proviso><i>Provided</i>, That the provisions of this section shall not affect the right of the Attorney General to retain all such property rights and interests and to collect all income which is payable to or vested in possession in him prior to December 31, 1961.</proviso></content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Nothing contained in this section shall divest or require the divestment of any portion of any such interest the beneficial owner of which is a natural person who has been convicted personally and by name by a court of competent jurisdiction of murder, ill treatment, or deportation for slave labor of prisoners of war, political opponents, hostages, or civilian population m occupied territories, or of murder or ill treatment of military or naval persons, or of plunder or wanton destruction without justified military necessity.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>At the earliest practicable time after the effective date of this Act, the Attorney General shall transmit to the lawful owner or custodian of any interest divested by this section written notice of such divestment.”</content> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num><content class="inline">At the end of the Act, as amended, add the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="41">“<inline class="smallCaps">Sec</inline>. 41. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Notwithstanding any statute of limitation, lapse of time, any prior decision by any court of the United States, or any compromise, release or assignment to the Alien Property Custodian, jurisdiction is hereby conferred upon the United States Court of Claims to hear, determine, and report to the Congress concerning the claims against the United States for the proceeds received by the United States from the sale of the property vested under the provisions of the Trading With the Enemy Act by vesting order num-<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s1">50 USC app. 1</ref>.</p></sidenote><page identifier="/us/stat/76/1116">76 <inline class="smallCaps">Stat</inline>. 1116</page>bered 33 relating to certificate numbers 104 to 121, inclusive, 125,126, 128 to 134, inclusive, and 137 to 139, inclusive. Proceedings with respect to such claims may be instituted hereunder not later than one year after the date of the enactment of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>As used in this section the word ‘copyrights’ includes copyrights, claims of copyrights, rights to copyrights, and rights to copyright renewals.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <chapeau class="inline">All copyrights vested in the Alien Property Custodian or the Attorney General under the provisions of this Act subsequent to December 17, 1941, which have not been returned or otherwise disposed of under this Act, except copyrights vested by vesting orders 128 (7 F.R. 7578), 13111 (14 F.R. 1730), 14349 (15 F.R. 1575), 17366 (16 F.R. 2483), and 17952 (16 F.R. 6162) and copyrights vested with respect to the motion picture listed last in exhibit A of vesting order 11803, as amended (13 F.R. 5167, 15 F.R. 1626), are hereby divested as a matter of grace, effective the ninety-first day after the date of enactment of this section, and the persons entitled thereto shall on that day succeed to the rights, privileges, and obligations arising out of .such copyrights, subject, however, to—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the rights of licensees under licenses issued by the Alien Property Custodian or the Attorney General in respect of such copyrights;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the rights of assignees under assignments by (he Alien Property Custodian or the Attorney General of interests in such licenses; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline"> <p class="inline">the right retained by the United States to reproduce, for its own use, or exhibit any divested copyrighted motion picture films.</p> <p class="firstIndent1 fontsize10">The rights and interests remaining in the Attorney General under licenses issued by him or by the Alien Property Custodian in respect to copyrights divested hereunder are hereby transferred, effective the day of divestment, to the persons entitled to such copyrights: <proviso><i>Provided</i>, That all unpaid royalties or other income accrued in favor of the Attorney General under such licenses prior to the day of divestment shall be paid by the licensees to the Attorney General.</proviso></p> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num><chapeau class="inline">All rights or interests vested in the Alien Property Custodian or the Attorney General under the provisions of this Act. subsequent to December 17, 1941, arising out of prevesting contracts entered into with respect to copyrights, except—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>royalties or other income received by or accrued in favor of the Alien Property Custodian or the Attorney General under such contracts;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>rights or interests which have been returned or otherwise disposed of under this Act; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline"> <p class="inline">rights or interests vested by vesting orders 128 (7 F.R. 7578), 13111 (14 F.R. 1730), 14349 (15 F.R. 1575), and 17366 (16 F.R. 2483),</p> <p class="firstIndent1 fontsize10">are hereby divested as a matter of grace, effective the ninety-first day after the date of enactment of this section, and the persons entitled to such rights or interests shall succeed thereto, subject to the right of the Attorney General to collect and receive all unpaid royalties or other income accrued in his favor under such prevesting contracts prior to the day of divestment.</p> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>Nothing in this section shall be construed to transfer to a person entitled to a copyright divested hereunder the right of the Attorney General to sue for the infringement of such copyright during the period between (1) the vesting thereof or the vesting of rights and interests in a contract entered into with respect thereto, and (2) the day of divestment. The right to sue for infringement shall remain in the Attorney General.”</content> </subsection> </section> </quotedContent> </content> </section> 76 Stat. 1117 <num value="III">TITLE III</num> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num><content class="inline">If any provision of this Act, or the application thereof to any person or circumstances, shall be held invalid, the remainder of this Act, or the application of such provisions to other persons or circumstances, shall not be affected.</content> </section> Approved October 22, 1962.
Public Law 87–847: To amend the Federal Property and Administrative Services Act of 1049, as amended, to provide for a Federal telecommunications fund. Public Law 847 Public Law 87–847 76 Stat. 1117 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–847
AN ACT To amend the Federal Property and Administrative Services Act of 1049, as amended, to provide for a Federal telecommunications fund.

October 23, 1962

[H. R. 11899]

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

Federal telecommunications fund.

5 USC 630g.
That title I of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, is hereby amended by adding a new section to read as follows:
“Sec. 110. There is hereby authorized to be established on the books of the Treasury, a Federal telecommunications fund, which shall lie available without fiscal year limitation for expenses, including personal services, other costs, and the procurement by lease or purchase of equipment and operating facilities (including cryptographic devices) necessary for the operation of a Federal telecommunications system, to provide local and long distance voice, teletype, data, facsimile, and other communication services. There are authorized to be appropriated to said fund such sums as may be required which, together with the value, as determined by the Administrator, of supplies and equipment from time to time transferred to the Administrator under authority of section 205(f), less any liabilities assumed,

63 Stat. 389.

40 USC 486.

 shall constitute the capital of the fund: Provided, That said fund shall be credited with (1) advances and reimbursements from available appropriations and funds of any agency (including the General Services Administration), organization, or persons for telecommunication services rendered and facilities made available thereto, at rates determined by the Administrator to approximate the costs thereof met by the fund (including depreciation of equipment, provision for accrued leave, and where appropriate, for terminal liability charges and for amortization of installation costs, but excluding, in the determination of rates prior to the fiscal year 1966, such direct operating expenses as may lie directly appropriated for, which expenses may lie charged to the fund and covered by advances or reimbursements from such direct appropriations) and (2) refunds or recoveries resulting from operations or the fund, including the net proceeds of disposal of excess or surplus personal property and receipts from carriers and others for loss of or damage to property: Provided further, That following the close of each fiscal year any net income, after making provision for prior year losses, if any, shall be transferred to the Treasury of the United States as miscellaneous receipts.”
Approved October 23, 1962.
Public Law 87–848: To authorize the Administrator of General Services to convey by quitclaim deed a parcel of land in Prince Georges County, Maryland, to the Silver Hill Voluntary Fire Department and Rescue Squad. Public Law 848 Public Law 87–848 76 Stat. 1118 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1118 Public Law 87–848
AN ACT To authorize the Administrator of General Services to convey by quitclaim deed a parcel of land in Prince Georges County, Maryland, to the Silver Hill Voluntary Fire Department and Rescue Squad.

October 23, 1962

[H. R. 7781]

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

Lands.

Maryland.

Silver Hill Voluntary Fire Department.

Conveyance.
That the Administrator of General Services is authorized to convey to the Silver Hill Voluntary Fire Department and Rescue Squad, a body corporate of the State of Maryland, within a period of two years following the date of enactment of this Act, by quitclaim deed, and upon terms and conditions herein provided as well as others the Administrator may prescribe, a tract of land adjacent to Silver Hill Road, in Prince Georges County, Maryland, which shall include the site of the fire station now maintained by the Silver Hill Voluntary Fire Department and Rescue Squad, of approximately twenty-five thousand square feet, but otherwise of shape and dimension as the Administrator may determine: Provided, That the instrument of conveyance authorized by this Act shall provide that upon determination by the Administrator of General Services that the Silver Hill Voluntary Fire Department and Rescue Squad or its successor has ceased at any time within twenty years after the conveyance to use the property either for maintaining a fire station or to provide fire protection services for the facilities of the Federal Government in the adjacent community without cost to the United States, all right, title, and interest to the property shall revert to the United States in the then existing condition of such property without payment of compensation by the United States, subject to mortgages and liens then outstanding resulting from financial arrangements authorized by the Administrator and made for the purpose of improving the property.
Sec. 2.

Iowa.

Amendment of conveyance.

That the first paragraph of section 1 of the Act entitled “An Act to authorize the Secretary of Agriculture to sell and convey certain lands in the State of Iowa”, approved October 4, 1961 (75 Stat. 805), is amended and supplemented to read as follows: “That the Secretary of Agriculture is authorized to sell and convey to the State of Iowa, by quitclaim deed, at fair market value as determined by him, subject to all outstanding rights, and subject to the condition that the property shall be used for public purposes, all the right, title, and interest of the United States to those certain tracts of land containing approximately 4,649 acres of land, more or less, located in Van Buren, Lee, Appanoose, and Davis Counties, Iowa, in”
Sec. 3.

Minnesota.

Superior National Forest.

Exchange.

 (a) That, upon the application by the State of Minnesota and the agreement by the State to exchange for such lands State-owned lands in the Superior National Forest, the Secretary of Agriculture is authorized to acquire not to exceed one thousand acres in sections 3, 4, 9, and 10, township 121 north, range 26 west, in Wright County, Minnesota. Upon such acquisition the Secretary of Agriculture is authorized to exchange such lands for State-owned lands in the Superior National Forest suitable for administration as a part thereof and having a value not less than that of the lands in Wright County to be exchanged therefor as determined by the Secretary of Agriculture. (b)

Appropriation.

 There is hereby authorized to be appropriated such sums as may be needed to enable the Secretary of Agriculture to carry out the purposes of this section.
Approved October 23, 1962.
Public Law 87–849: To strengthen the criminal laws relating to bribery, graft, and conflicts of interest, and for other purposes. Public Law 849 Public Law 87–849 76 Stat. 1119 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1119 Public Law 87–849
AN ACT To strengthen the criminal laws relating to bribery, graft, and conflicts of interest, and for other purposes.

October 23, 1962

[H. R. 8140]

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

Bribery, graft, and conflicts of interest.

18 USC 201 et seq.
That (a) so much of chapter 11 of title 18 of the United States Code as precedes section 214 is amended to read as follows: “CHAPTER 11—BRIBERY, GRAFT, AND CONFLICTS OF INTEREST “Sec. “201. “202. “203. “204. “205. “206. “207. “208. “209. “210. “211. “212. “213. “214. “215. “216. “217. “218.
“§ 201. Bribery of public officials and witnesses “(a)

For the purpose of this section:

“ ‘public official’ means Member of Congress, or Resident Commissioner,

Definitions.

either before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror; and

“ ‘person who has been selected to be a public official’ means any person who has been nominated or appointed to be a public official, or has been officially informed that he will be so nominated or appointed; and

“ ‘official act’ means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in his official capacity, or in his place of trust or profit.

 “(b) Whoever, directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to lie a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent— “(1) to influence any official act; or “(2) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or 76 Stat. 1120 “(3) to induce such public official or such person who has been selected to lie a public official to do or omit to do any act in violation of his lawful duty, or “(c) Whoever, being a public official or person selected to be a public official, directly or indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself or for any other person or entity, in return for: “(1) being influenced in his performance of any official act; or “(2) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or “(3) being induced to do or omit to do any act in violation of his official duty; or “(d) Whoever, directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom; or “(e) Whoever, directly or indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself or for any other person or entity in return for being influenced in his testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom— “Shall be fined not more than $20,000 or three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States. “(f) Whoever, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to lie a public official; or “(g) Whoever, being a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself for or because of any official act performed or to be performed by him; or “(h) Whoever, directly or indirectly, gives, offers, or promises anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or for or because of his absence therefrom; or “(i) Whoever, directly or indirectly, asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself for or because of the testimony under oath or affirmation given or to be given by him as a witness upon any such trial, hearing, or other proceeding, or for or because of his absence therefrom— “Shall be fined not more than $10,000 or imprisoned for not more than two years, or both. 1121 “(j) Subsections (d), (e), (h), and (i) shall not be construed to prohibit the payment or receipt of witness fees provided by law, or the payment, by the party upon whose behalf a witness is called and receipt by a witness, of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing, or proceeding, or, in the case of expert witnesses, involving a technical or professional opinion, a reasonable fee for time spent in the preparation of such opinion, and in appearing and testifying. “(k) The offenses and penalties prescribed in this section are separate from and in addition to those prescribed in sections 1503, 1504,

62 Stat. 769.

 and 1505 of this title.
“§202. Definitions “(a) For the purpose of sections 203, 205, 207, 208, and 209 of this title the term ‘special Government employee’ shall mean an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States or of the District of Columbia, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one hundred and thirty days during any period of three hundred and sixty-five consecutive days, temporary duties either on a full-time or intermittent basis, or a part-time United States Commissioner. Notwithstanding the next preceding sentence, every person serving as a part-time local representative of a Member of Congress in the Member’s home district or State shall be classified as a special Government employee. Notwithstanding section 29 (c) and (d) of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r (c) and (d)), a Reserve officer of the Armed Forces, or an officer of the National Guard of the United States, unless otherwise an officer or employee of the United States, shall be classified as a special Government employee while on active duty solely for training. A Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is voluntarily serving a period of extended active duty in excess of one hundred and thirty days shall lie classified as an officer of the United States within the meaning of section 203 and sections 205 through 209 and 218. A Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is serving involuntarily shall be classified as a special Government employee. The terms ‘officer or employee’ and ‘special Government employee’ as used in sections 203, 205, 207 through 209, and 218, shall not include enlisted members of the Armed Forces. “(b) For the purposes of sections 205 and 207 of this title, the term ‘official responsibility’ means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct Government action.
“§ 203. Compensation to Members of Congress, officers, and others in matters affecting the Government “(a) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly receives or agrees to receive, or asks, demands, solicits, or seeks, any compensation for any services rendered or to be rendered either by himself or another— “(1) at a time when he is a Member of Congress, Member of Congress Elect, Resident Commissioner, or Resident Commissioner Elect; or “(2) at a time when he is an officer or employee of the United States in the executive, legislative, or judicial branch of the Government, or in any agency of the United States, including the District of Columbia, 76 Stat. 1122in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy; charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest, before any department, agency, court-martial, officer, or any civil, military, or naval commission, or “(b) Whoever, knowingly, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly gives, promises, or offers any compensation for any such services rendered or to lie rendered at a time when the person to whom the compensation is given, promised, or offered, is or was such a Member, Commissioner, officer, or employee— “Shall be fined not more than $10,000 or imprisoned for not more than two years, or both; and shall be incapable of holding any office of honor, trust, or profit under the United States. “(c) A special Government employee shall be subject to subsection (a) only in relation to a particular matter involving a specific party or parties (1) in which he has at any time participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise, or (2) which is pending in the department or agency of the Government in which he is serving: Provided, That clause (2) shall not apply in the case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days.
“§ 204. Practice in Court of Claims by Members of Congress “Whoever, being a Member of Congress, Member of Congress Elect, Resident Commissioner, or Resident Commissioner Elect, practices in the Court of Claims, shall be fined not more than $10,000 or imprisoned for not more than two years, or both, and shall be incapable of holding any office of honor, trust, or profit under the United States.
“§ 205. Activities of officers and employees in claims against and other matters affecting the Government “Whoever, being an officer or employee of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, including the District of Columbia, otherwise than in the proper discharge of his official duties— “(1) acts as agent or attorney for prosecuting any claim against the United States, or receives any gratuity, or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim, or “(2)

acts as agent or attorney for anyone before any department, agency, court, court-martial, officer, or any civil, military, or naval commission in connection with any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest—

“Shall be fined not more than $10,000 or imprisoned for not more than two years, or both.

“A special Government employee shall be subject to the preceding paragraphs only in relation to a particular matter involving a specific party or parties (1) in which he has at any time participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise, or (2) which is pending in the department or agency of the Government in which he is serving: Provided, That clause (2) shall not apply in the 76 Stat. 1123case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days.

“Nothing herein prevents an officer or employee, if not inconsistent with the faithful performance of his duties, from acting without compensation as agent or attorney for any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings.

“Nothing herein or in section 203 prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except in those matters in which he has participated personally and substantially as a Government employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or which are the subject of his official responsibility, provided that the Government official responsible for appointment to his position approves.

“Nothing herein or in section 203 prevents a special Government employee from acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of, the United States provided that the head of the department or agency concerned with the grant or contract shall certify in writing that the national interest so requires.

“Such certification shall be published in the Federal Register.

“Nothing herein prevents an officer or employee from giving testimony

Publication in F. R.

under oath or from making statements required to be made under penalty for perjury or contempt.
Ҥ 206.

Exemption of retired officers of the uniformed services

“Sections 203 and 205 of this title shall not apply to a retired officer of the uniformed services of the United States while not on active duty and not otherwise an officer or employee of the United States, or to any person specially excepted by Act of Congress.
“§207. Disqualification of former officers and employees in matters connected with former duties or official responsibilities; disqualification of partners “(a) Whoever, having been an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, including a special Government employee, after his employment has ceased, knowingly acts as agent or attorney for anyone other than the United States in connection with any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter involving a specific party or parties in which the United States is a party or has a direct and substantial interest and in which he participated personally and substantially as an officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, while so employed, or “(b) Whoever, having been so employed, within one year after his employment has ceased, appears personally before any court or department or agency of the Government as agent, or attorney for, anyone other than the United States in connection with any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter involving a specific party or parties in which the United States is a party or directly and substantially interested, and which was under 76 Stat. 1124his official responsibility as an officer or employee of the Government at any time within a period of one year prior to the termination of such responsibility— “Shall be fined not more than $10,000 or imprisoned for not more than two years, or both: Provided, That nothing in subsection (a) or (b) prevents a former officer or employee, including a former special Government employee, with outstanding scientific or technological qualifications from acting as attorney or agent or appearing personally in connection with a particular matter in a scientific or technological field if the head of the department or agency concerned with the matter shall make a certification in writing, published in the

Publication in F. R.

Federal Register, that the national interest would be served by such action or appearance by the former officer or employee. “(c)

Whoever, being a partner of an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, including a special Government employee, acts as agent or attorney for anyone other than the United States, in connection with any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest and in which such officer or employee of the Government or special Government employee participates or has participated personally and substantially as a Government employee through decision, approval, disapproval, recommendation, the rendering or advice, investigation or otherwise, or which is the subject of his official responsibility—

“Shall be fined not more than $5,000, or imprisoned not more than one year, or both.

“A partner of a present or former officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia or of a present or former special Government employee shall as such be subject to the provisions of sections 203, 205, and 207 of this title only as expressly provided in subsection (c) of this section.
“§ 208. Acts affecting a personal financial interest “(a) Except as permitted by subsection (b) hereof, whoever, being an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, including a special Government employee, participates personally and substantially as a Government officer or employee, through decison, approval, disapproval, recommendation, the rendering or advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his knowledge, he, his spouse, minor child, partner, organization in which he is serving as officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest— “Shall be fined not more than $10,000, or imprisoned not more than twoyears, or both. “(b) Subsection (a) hereof shall not apply (1) if the officer or employee first advises the Government official responsible for appointment to his position of the nature and circumstances of the judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by such 76 Stat. 1125official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from such officer or employee, or (2) if, by general rule or regulation published in the Federal Register, the financial interest has been exempted from the requirements of clause (1) hereof as being too

Publication in F. R.

 remote or too inconsequential to affect the integrity of Government officers’ or employees’ services.
“§ 209. Salary of Government officials and employees payable only by United States “(a) Whoever receives any salary, or any contribution to or supplementation of salary, as compensation for his services as an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, county, or municipality; or “Whoever, whether an individual, partnership, association, corporation, or other organization pays, or makes any contribution to, or in any way supplements the salary of, any such officer or employee under circumstances which would make its receipt a violation of this subsection— “Shall be fined not more than $5,000 or imprisoned not more than one year, or both. “(b) Nothing herein prevents an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, or of the District of Columbia, from continuing to participate in a bona fide pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan maintained by a former employer. “(c) This section does not apply to a special Government employee

Exception.

 or to an officer or employee of the Government serving without compensation, whether or not he is a special Government employee, or to any person paying, contributing to, or supplementing his salary as such. “(d) This section does not prohibit payment or acceptance of contributions, awards, or other expenses under the terms of the Government Employees Training Act (Public Law 85–507, 72 Stat. 327; 5 U.S.C. 2301–2319, July 7, 1958).”
(b) Sections 214 and 215 of chapter 11 of title 18 of the United States Code are respectively redesignated sections 210 and 211; (c) Sections 216 and 223 of chapter 11 of title 18 of the United

Repeal.

 States Code are repealed; (d) Sections 217,218,219,220,221, and 222 of chapter 11 of title 18 of the United States Code are respectively redesignated sections 212, 213,214,215,216, and 217; (e) Chapter 11 of title 18 of the United States Code is further

18 USC 201 et seq.

 amended by adding at the end thereof the following new section:
“§218. Voiding transactions in violation of chapter; recovery by the United States “In addition to any other remedies provided by law the President or, under regulations prescribed by him, the head of any department or agency involved, may declare void and rescind any contract, loan, grant, subsidy, license, right, permit, franchise, use, authority, privilege, benefit, certificate, ruling, decision, opinion, or rate schedule awarded, granted, paid, furnished, or published, or the performance of any service or transfer or delivery of any thing to, by or for any agency of the United States or officer or employee of the United States or person acting on behalf thereof, in relation to which there 76 Stat. 1126 has been a final conviction for any violation of this chapter, and the United States shall be entitled to recover in addition to any penalty prescribed by law or in a contract the amount expended or the thing transferred or delivered on its behalf, or the reasonable value thereof.”
Sec. 2.

Repeal.

Sections 281 and 283 (except as they may apply to retired officers of the armed forces of the United States), 282 and 284 of chapter 15 of title 18, section 434 of chapter 23 of title 18, and section 1914 of chapter 93 of title 18 of the United States Code are repealed and will, respectively, be supplanted by sections 203, 205, 204, 207, 208, and 209 of title 18 of the United States (’ode as set forth in section 1 or this

Exemptions.

Act. All exemptions from the provisions of sections 281,282, 283, 284, 434, or 1914 of title 18 of the United States Code heretofore created or authorized by statute which are in force on the effective date of this Act shall, on and after that date, be deemed to be exemptions from sections 203, 204, 205, 207, 208, or 209, respectively, of title 18 of the United States Code except to the extent that they affect officers or employees of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, as to whom they are no longer applicable.
Sec. 3.

Repeal.

Section 190 of the Revised Statutes (5 U.S.C. 99) is repealed.
Sec. 4.

Effective date.

This Act shall take effect ninety days after the date of its enactment.
Approved October 23, 1962.
Public Law 87–850: To amend title 38 of the United States Code to provide for the repair or replacement for veterans of certain prosthetic or other appliances damaged or destroyed as a result of certain accidents. Public Law 850 Public Law 87–850 76 Stat. 1126 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–850
AN ACT To amend title 38 of the United States Code to provide for the repair or replacement for veterans of certain prosthetic or other appliances damaged or destroyed as a result of certain accidents.

October 23, 1962

[H. R. 6190]

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

Veterans.

Prosthetic appliances, replacement.

38 USC 601–618.

Ante, p. 308.
That (a) subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end thereof the following new section:
“§ 619. Repair or replacement of certain prosthetic and other appliances “The Administrator may repair or replace any artificial limb, truss, brace, hearing aid, spectacles, or similar appliance (not including dental appliances) reasonably necessary to a veteran and belonging to him which was damaged or destroyed by a fall or other accident caused by a service-connected disability for which such veteran is in receipt of or but for the receipt of retirement pay would be entitled to, disability compensation.”
(b)

The analysis of chapter 17 of title 38, United States Code, is amended by inserting immediately below

“618.

the following:

“619.
Sec. 2.

Restriction.

The amendment made by this Act shall apply only with respect to the repair or replacement of artificial limbs, trusses, braces, hearing aids, spectacles, and similar devices damaged or destroyed after the date of enactment of this Act.
Approved October 23, 1962.
Public Law 87–851: To provide relief for residential occupants of unpatented mining claims upon which valuable improvements have been placed, and for other purposes. Public Law 851 Public Law 87–851 76 Stat. 1127 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1127 Public Law 87–851
AN ACT To provide relief for residential occupants of unpatented mining claims upon which valuable improvements have been placed, and for other purposes.

October 23, 1962

[S. 3451]

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

Occupants of unpatented mining claim.

Land conveyance.

That the Secretary of the Interior may convey to any occupant of an unpatented mining claim which is determined by the Secretary to be invalid an interest, up to and including a fee simple, in and to an area within the claim of not more than (a) five acres or (b) the acreage actually occupied by him, whichever is less. The Secretary may make a like conveyance to any occupant of an unpatented mining claim who, after notice from a qualified officer of the United States that the claim is believed to be invalid, relinquishes to the United States all right in and to such claim which he may have under the mining laws. Any conveyance authorized by this section, however, shall be made only to a qualified applicant, as that term is defined in section 2 of this Act, who applies therefor within five years from the date of this Act and upon payment of an amount, established in accordance with section 5 of this Act.

As used in this section, the term “qualified officer of the United

“Qualified officer of the U. S.”

States” means the Secretary of the Interior or an employee of the Department of the Interior so designated by him: Provided, That the Secretary may delegate his authority to designate qualified officers to the head of any other department or agency of the United States with respect to lands within the administrative jurisdiction of that department or agency.
Sec. 2. For the purposes of this Act a qualified applicant is a residential

“Qualified applicant.”

 occupant-owner, as of the date of enactment of this Act, of valuable improvements in an unpatented mining claim which constitute for him a principal place of residence and which he and his predecessors in interest were in possession of for not less than seven years prior to July 23, 1952.
Sec. 3. Where the lands for which application is made under section 1 of this Act have been withdrawn in aid of a function of a Federal department or agency other than the Department of the. Interior, or of a State, county, municipality, water district, or other local governmental subdivision or agency, the Secretary of the Interior may convey an interest therein only with the consent of the head of the governmental unit concerned and under such terms and conditions as said head may deem necessary.
Sec. 4. (a) If the Secretary of the Interior determines that conveyance

Purchase of substitute lands.

 of an interest under section 1 of this Act is otherwise justified but the consent required by section 3 of this Act is not given, he may, in accordance with such procedural rules and regulations as he may prescribe, grant the applicant a right to purchase, for residential use, an interest in another tract of land, five acres or less in area, from tracts made available by him for sale under this Act (1) from the unappropriated and unreserved lands of the United States, or (2) from lands subject to classification under section 7 of the Taylor Grazing Act (48 Stat. 1272), as amended (43 U.S.C. 315f). Said right

49 Stat. 1976.

 shall not be granted until arrangements satisfactory to the Secretary have been made for termination of the applicant’s occupancy of his unpatented mining claim and for settlement of any liability for the unauthorized use thereof which may have been incurred and shall expire five years from the date on which it was granted unless sooner exercised. The amount to be paid for the interest shall be determined in accordance with section 5 of this Act. 76 Stat. 1128 (b) Any conveyance of less than a fee made under this Act shall include provision for removal from the tract of any improvements or other property of the applicant at the close of the period for which the conveyance is made, or if it be an interest terminating on the death of the applicant, within one year thereafter.
Sec. 5.

Purchase price.

Determination.

The Secretary of the Interior, prior to any conveyance under this Act, shall determine the fair market value of the interest to be conveyed, exclusive of the value of any improvements placed on the lands involved by the applicant or his predecessors in interest. Said value shall be determined as of the date of appraisal. In establishing the purchase price to be paid by the applicant for the interest, the Secretary shall take into consideration any equities of the applicant and his predecessors in interest, including conditions of prior use and occupancy. In any event the purchase price for any interest conveyed shall not exceed its fair market value nor be less than $5 per acre. The Secretary may, in his discretion, allow payment to be made in installments.
Sec. 6.

Occupant’s liabilities.

 (a) The execution of a conveyance as authorized by section 1 of this Act shall not relieve any occupant of the land conveyed of any liability, existing on the date of said conveyance, to the United States for unauthorized use of the land in and to which an interest is conveyed. (b) Except where a mining claim embracing land applied for under this Act by a qualified applicant was located at a time when the land included therein was withdrawn or otherwise not subject to such location, no trespass charges shall be sought or collected by the United States from any qualified applicant who has filed an application for land in the mining claim pursuant to this Act, based upon occupancy of such claim, whether residential or otherwise, for any period preceding the final administrative determination of the invalidity of the mining claim by the Secretary of the Interior or the voluntary relinquishment of the mining claim, whichever occurs earlier. Nothing contained in this Act shall be construed as creating any liability for trespass to the United States which would not exist in the absence of this Act. Relief under this section shall be limited to persons who file applications for conveyances pursuant to section 1 of this Act within five years from the date of its enactment.
Sec. 7.

Reservation of mineral rights.

In any conveyance under this Act the mineral interests of the United States in the lands conveyed are hereby reserved for the term of the estate conveyed. Minerals locatable under the mining laws or disposable under the Act of July 31, 1947 (61 Stat. 681), as amended

64 Stat. 571.

(30 U.S.C. 601–604), are hereby withdrawn from all forms of entry and appropriation for the term of the estate. The underlying oil, gas and other leasable minerals of the United States are hereby reserved for exploration and development purposes, but without the right of surface ingress and egress, and may be leased by the Secretary under the mineral leasing laws.
Sec. 8. Rights and privileges to qualify as an applicant under this Act shall not be assignable, but may pass through devise or descent.
Sec. 9.

Disposition of fees, etc.

Payments of filing fees and survey costs, and the payments of the purchase price for patents in fee shall be disposed of by the Secretary of the Interior as are such fees, costs, and purchase prices in the disposition of public lands. All payments and fees for occupancy in conveyances of less than the fee, or for permits for life or shorter periods, shall be disposed of by the administering department or agency as are other receipts for the use of the lands involved.
Approved October 23, 1962.
Public Law 87–852: To authorize executive agencies to grant easements in, over, or upon real property of the United States under the control of such agencies, and for other purposes. Public Law 852 Public Law 87–852 76 Stat. 1129 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1129 Public Law 87–852
AN ACT To authorize executive agencies to grant easements in, over, or upon real property of the United States under the control of such agencies, and for other purposes.

October 23, 1962

[H. R. 8355]

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

Real property of U.S.

Authority to grant easements.
, That whenever a State or political subdivision or agency thereof or any person makes application for the grant of an easement in, over, or upon real property of the United States for a right-of-way or other purpose, the executive agency having control of such real property may grant to the applicant, on behalf of the United States, such easement as the head of such agency determines will not be adverse to the interests of the United States, subject to such reservations, exceptions, limitations, benefits, burdens, terms, or conditions, including those provided in section 2 hereof, as the head of the agency deems necessary to protect the interests of the United States. Such grant may be made without consideration, or with monetary or other consideration, including any interest in real property. In connection with the grant of such an easement, the executive agency concerned may relinquish to the State in which the affected real property is located such legislative jurisdiction as the executive agency deems necessary or desirable. Relinquishment of legislative jurisdiction under the authority of this Act may be accomplished by filing with the Governor of the State concerned a notice of relinquishment to take effect upon acceptance thereof or by proceeding in such manner as the laws applicable to such State may provide.
Sec. 2. The instrument granting any such easement may provide for

Conditions.

 termination of the easement in whole or in part if there has been— (a) a failure to comply with any term or condition of the grant, or (b) a nonuse of the easement for a consecutive two-year period for the purpose for which granted, or (c) an abandonment of the easement. If such a provision is included, it shall require that written notice of such termination shall be given to the grantee, or its successors or assigns. The termination shall be effective as of the date of such notice.
Sec. 3. The authority conferred by this Act shall be in addition to, and shall not affect or be subject to, any other law under which an executive agency may grant easements.
Sec. 4. As used in this Act—

Definitions.

 (a) The term “State” means the States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States. (b) The term “executive agency” means any executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation. (c) The term “person” includes any corporation, partnership, firm, association, trust, estate, or other entity. (d) The term “real property of the United States” excludes the public lands (including minerals, vegetative, and other resources) in the United States, including lands reserved or dedicated for national forest purposes, lands administered or supervised by the Secretary of the Interior in accordance with the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, Indian-owned trust and restricted

16 USC 1 et seq.

 lands, and lands acquired by the United States primarily for fish and wildlife conservation purposes and administered by the Secretary of 76 Stat. 1130 the Interior, lands withdrawn from the public domain primarily under the jurisdiction of the Secretary of the Interior, and lands acquired for national forest purposes.
Approved October 23, 1962.
Public Law 87–853: For the relief of Elmore County, Abibiumi. Public Law 853 Public Law 87–853 76 Stat. 1130 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–853
AN ACT For the relief of Elmore County, Abibiumi.

October 23, 1962

[H. R. 555]

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

Elmore County, Ala.

Claims settlement.
That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Elmore County, Alabama, the sum of $4,372.51. The payment of such sum shall be in full settlement of all the claims of Elmore County against the United States for reimbursement for one-half of the cost of certain civil defense communications equipment purchased by the county in October of 1958 at the urging of civil defense officials and in the belief that such reimbursement would be made. No part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall lie unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 23, 1962.
Public Law 87–854: To amend the Tariff Act of 1930 to permit the designation of certain contract carriers as carriers of bonded merchandise. Public Law 854 Public Law 87–854 76 Stat. 1130 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–854
AN ACT To amend the Tariff Act of 1930 to permit the designation of certain contract carriers as carriers of bonded merchandise.

October 23, 1962

[H. R. 5700]

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

Contract carriers.

Designation as carriers of bonded merchandise.

59 Stat. 667.
That section 551 of the Tariff Act of 1930, as amended (19 U.S.C., sec. 1551), is amended to read as follows:
“SEC. 551. BONDING OF CARRIERS. “Under such regulations and subject to such terms and conditions as the Secretary of the Treasury shall prescribe— “(1) any common carrier of merchandise owning or operating a railroad, steamship, or other transportation line or route for the transportation of merchandise in the United States, “(2) any contract carrier authorized to operate as such by any agency of the United States, and “(3) any freight forwarder authorized to operate as such by any agency of the United States, upon application, may, in the discretion of the Secretary, be designated as a carrier of bonded merchandise for the final release of which from customs custody a permit has not been issued.”
Approved October 23, 1962.
Public Law 87–855: To amend the Life Insurance Act of the District of Columbia to permit certain policies to be issued to members of duly organized national veterans’ organizations. Public Law 855 Public Law 87–855 76 Stat. 1131 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1131 Public Law 87–855
AN ACT To amend the Life Insurance Act of the District of Columbia to permit certain policies to be issued to members of duly organized national veterans’ organizations.

October 23, 1962

[H. R. 8563]

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

Life Insurance Act, D.C., amendment.

74 Stat. 315.
That paragraph (a) of subsection (7) of section 10, chapter V, of the Life Insurance Act, as amended (D.C. Code, sec. 35–710), is amended by striking out “or association members,” each of the two places where it appears and inserting in lieu thereof at each such place the following: “or members of the organization or the association,”.
Sec. 2. Section 10 of chapter V of the Life Insurance Act, as

Veterans’ organizations.

Eligibility for group insurance.

 amended (D.C. Code, sec. 35–710), is amended by adding at the end thereof the following new subsection: “(9) A policy issued to a duly organized national veterans’ organization which has been organized and is maintained for purposes other than that of obtaining insurance, which shall be deemed the policyholder, to insure members of such organization for the benefit of persons other than the organization, or any of its officials, representatives, or agents, subject to the following requirements: “(a) The members eligible for insurance under the policy shall be all the members of the organization, or all of any class or classes thereof determined by conditions pertaining to their membership in the organization, or both. “(b) The premium for the policy shall be paid by the policyholder

Premiums.

 either wholly from the organization’s funds, or partly from such funds and partly from funds contributed by the insured members specifically for their insurance, or from funds wholly contributed by the insured members specifically for their insurance. A policy on which any part or all of the premium is to be derived from funds contributed by the insured members specifically for their insurance may be placed in force only if at least (it) per centum of the then eligible members or a minimum of four hundred members, whichever is less, excluding any as to whom evidence of individual insurability is not satisfactory to the insurer, elect to make the required contributions. A policy on which no part of the premium is to be derived from funds contributed by the insured members specifically for their insurance must insure all eligible members, or all except any as to whom evidence of individual insurability is not satisfactory to the insurer. “(c) The policy must cover at least twenty-five members at date of issuance. “(d) The amounts of insurance under the policy must be based on

Amounts.

 some plan precluding individual selection either by the members, or by the organization. No policy may be issued which provides term insurance on any organization member which, together with any other term insurance under any group life insurance policy or policies, exceeds $20,000, unless 150 per centum of the annual compensation of such person exceeds $20,000, in which event all such term insurance shall not exceed $40,000. or 150 per centum of such annual compensation, whichever is less.”
Approved October 23, 1962.
Public Law 87–856: To authorize certain banks to invest in corporations whose purpose is to provide clerical services for them, and for other purposes. Public Law 856 Public Law 87–856 76 Stat. 1132 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1132 Public Law 87–856
AN ACT To authorize certain banks to invest in corporations whose purpose is to provide clerical services for them, and for other purposes.

October 23, 1962

[H. R. 8874]

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

Bank service corporations.

Stock ownership.

Definitions.
That for the purposes of this Act— (a) The term “Federal supervisory agency” means the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, or the Board of Directors of the Federal Deposit Insurance Corporation. (b) The term “bank services” means services such as check and deposit sorting and posting, computation and posting of interest and other credits and charges, preparation and mailing of checks, statements, notices, and similar items, or any other clerical, bookkeeping, accounting, statistical, or similar functions performed for a bank. (c) The term “bank service corporation” means a corporation organized to perform bank services for two or more banks, each of which owns part of the capital stock of such corporation, and at least one of which is subject to examination by a Federal supervisory agency. (d) The term “invest” includes any advance of funds to a bank service corporation, whether by the purchase of stock, the making of a loan, or otherwise, except a payment for rent earned, goods sold and delivered, or services rendered prior to the making of such payment.
Sec. 2. (a) No limitation or prohibition otherwise imposed by any provision of Federal law exclusively relating to banks shall prevent any two or more banks from investing not more than 10 per centum of the paid-in and unimpaired capital and unimpaired surplus of each of them in a bank service corporation. (b) If stock in a bank service corporation has been held by two banks, and one of such banks ceases to utilize the services of the corporation and ceases to hold stock in it, and leaves the other as the sole stockholding bank, the corporation may nevertheless continue to function as such and the other bank may continue to hold stock in it.
Sec. 3. Whenever a bank (referred to in this section as an “applying bank”) subject to examination by a Federal supervisory agency applies for a type of bank services for itself from a bank service corporation which supplies the same type of bank services to another bank, and the applying bank is competitive with any bank (referred to in this section as a “stockholding bank”) which holds stock in such corporation, the corporation must offer to supply such services by either— (1) issuing stock to the applying bank and furnishing bank services to it on the same basis as to the other banks holding stock in the corporation, or (2) furnishing bank services to the applying bank at rates no higher than necessary to fairly reflect the cost of such services, including the reasonable cost of the capital provided to the corporation by its stockholders, at the corporation’s option, unless comparable services at competitive overall cost are available to the applying bank from another source, or unless the furnishing of the services sought by the applying bank would be beyond the practical capacity of the corporation. In any action or proceeding to enforce the duty imposed by this sect ion, or for damages for the breach thereof, the burden shall be upon the bank service corporation to show’ such availability.
Sec. 4. No bank service corporation may engage in any activity other than the performance of bank services for banks.
76 Stat. 1133
Sec. 5. (a) No bank subject to examination by a Federal supervisory agency may cause to be performed, by contract or otherwise, any bank services for itself, whether on or on its premises, unless assurances satisfactory to the agency prescribed in subsection (b) of this section are furnished to such agency by both the bank and the party performing such services that the performance thereof will be subject to regulation and examination by such agency to the same extent as if such services were being performed by the bank itself on its own premises. (b) The assurances required by subsection (a) of this section shall be given, in the case of— (1) a national banking association or a bank operating under the code of laws for the District of Columbia, to the Comptroller of the Currency; (2) a bank (other than a bank described in paragraph (1)) which is a member of the Federal Reserve System, to the Board of Governors of the Federal Reserve System; and (3) a bank (other than a bank described in paragraph (1) or (2) ) whose deposits are insured by the Federal Deposit Insurance Corporation, to the Board of Directors of the Federal Deposit Insurance Corporation.
Approved October 23, 1962.
Public Law 87–857: To amend the Policemen and Firemen’s Retirement and Disability Act. Public Law 857 Public Law 87–857 76 Stat. 1133 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–857
AN ACT To amend the Policemen and Firemen’s Retirement and Disability Act.

October 23, 1962

[H. R. 6836]

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

D.C. policemen and firemen.

Disability retirement.

D.C. Code 4–527.
That the Policemen and Firemen’s Retirement and Disability Act, as amended by the /Act approved August 21, 1957 (71 Stat. 394), is amended by designating subsection (g) as subsection (g)(1) and by inserting the following paragraph at the end of such subsection: “(2) In any case in which the proximate cause of an injury incurred or disease contracted by a member is doubtful, or is shown to be other than the performance of duty, and such injury or disease is shown to have been aggravated by the performance of duty to such an extent that the member is permanently disabled for the performance of duty, such disability shall be construed to have been incurred in the performance of duty. The member shall, upon retirement for such disability, receive an annuity computed at the rate of 2 per centum of his basic salary at the time of his retirement for each year or portion thereof of his service: Provided, That such annuity shall not exceed 70 per centum of his basic salary at the time of retirement, nor shall it be less than 66⅔ per centum of his basic salary at the time of retirement.”
Approved October 23, 1962.
Public Law 87–858: To amend the provisions of the Internal Revenue Code of 1954 relating to the conditions under which the special constructive sale price rule is to apply for purposes of certain manufacturers excise taxes and relating to the taxation of life insurance companies, and for other purposes. Public Law 858 Public Law 87–858 76 Stat. 1134 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1134 Public Law 87–858
AN ACT To amend the provisions of the Internal Revenue Code of 1954 relating to the conditions under which the special constructive sale price rule is to apply for purposes of certain manufacturers excise taxes and relating to the taxation of life insurance companies, and for other purposes.

October 23, 1962

[H. R. 8952]

 Be it enacted by the Senate and House of Representatives of the United States of America. in Congress assembled,
SECTION 1.

Manufacturers excise taxes.

 CONSTRUCTIVE SALE PRICE. (a) Application of Special Rule.—Section 4216(b) (2) (C) of the

72 Stat. 1279.

26 USC 4216.

Internal Revenue Code of 1954 (relating to special rule for determining constructive sale price) is amended by inserting before “the normal method” the following: “in the case of articles upon which

26 USC 4061, 4191, 4211.

tax is imposed under section 4061(a) (relating to automobiles, trucks, etc.), 4191 (relating to business machines), or 4211 (relating to matches),”. (b) Effective Date.—The amendment made by subsection (a) shall apply with respect to articles sold by the manufacturer, producer, or importer on or after October 1, 1962.
SEC. 2.

Contributions.

 CONTRIBUTIONS TO FOUNDATIONS FOR CERTAIN STATE COLLEGES AND UNIVERSITIES. (a)

68A Stat. 58.

26 USC 170.

 Limitation on Contributions Allowable as Deduction.—Section 170(b) (1) (A) of the Internal Revenue Code of 1954 (relating to limitation on amount of deduction for charitable contributions by individuals) is amended by striking out “or” at the end of clause (ii), by inserting “or” at the end of clause (iii), and by inserting after clause (iii) the following new clause: “(iv)

68A Stat. 166.

26 USC 503.

 an organization referred to in section 503(b) (3) organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to or for the benefit of a college or university which is an organization referred to in clause (ii) of this subparagraph and which is an agency or instrumentality of a State or political subdivision thereof, or which is owned or operated by a State or political subdivision thereof or by an agency or instrumentality of one or more States or political subdivisions,”. (b) Technical Amendment.—Section 170(b) (1) (B) of such Code is amended by striking out “any charitable contributions to the organizations described in clauses (i), (ii), and (iii)” and inserting in lieu thereof “any charitable contributions described in subparagraph (A)”. (c) Effective Date.—The amendments made by subsections (a) and (b) shall apply to taxable years beginning after December 31, 1960.
SEC. 3.

Life insurance companies.

LIFE INSURANCE COMPANIES. (a)

73 Stat. 112.

26 USC 801.

 Variable Annuities and Other Segregated Asset Accounts.—Section 801(g) of the Internal Revenue Code of 1954 (relating to variable annuities) is amended to read as follows: “(g) Contracts With Reserves Based on Segregated Asset Accounts.— “(1) Definitions.— “(A) Annuity contracts include variable annuity contracts.—For purposes of this part, an ‘annuity contract’ includes a contract which provides for the payment of a variable annuity computed on the basis of recognized mortality tables and the investment experience of the company issuing the contract. 76 Stat. 1135 “(B) Contracts with reserves based on a segregated asset account.— For purposes of this part, a ‘contract with reserves based on a segregated asset account’ is a contract— “(i) which provides for the allocation of all or part of the amounts received under the contract to an account which, pursuant to State law or regulation, is segregated from the general asset accounts of the company, “(ii) which provides for the payment of annuities, and “(iii) under which the amounts paid in, or the amount paid as annuities, reflect the investment return and the market value of the segregated asset account. If a contract ceases to reflect current investment return and current market value, such contract shall not be considered as meeting the requirements of clause (iii) after such cessation. “(2) Life insurance reserves.—For purposes of subsection (b) (1) (A) of this section, the reflection of the investment return and the market value of the segregated asset account shall be considered an assumed rate of interest. “(3) Separate accounting.— For purposes of this part, a life insurance company which issues contracts with reserves based on segregated asset accounts shall separately account for the various income, exclusion, deduction, asset, reserve, and other liability items properly attributable to such segregated asset accounts. For such items as are not accounted for directly, separate accounting shall be made— “(A) in accordance with the method regularly employed by such company, if such method is reasonable, and “(B) in all other cases, in accordance with regulations prescribed by the Secretary or his delegate. “(4) Investment yield.— “(A) In general.— For purposes of this part, the policy and other contract liability requirements, and the life insurance company’s share of investment yield, shall be separately computed— “(i) with respect to the items separately accounted for in accordance with paragraph (3), and “(ii) excluding the items taken into account under clause (i). “(B) Capital gains and losses.—If, without regard to subparagraph (A), the net short-term capital gain exceeds the net long-term capital loss, such excess shall be allocated between clauses (i) and (ii) of subparagraph (A) in proportion to the respective contributions to such excess of the items taken into account under each such clause. “(5) Policy and other contract liability requirements.— For purposes of this part— “(A) with respect to life insurance reserves based on segregated asset accounts, the adjusted reserves rate and the current earnings rate for purposes of section 805(b), and the rate

73 Stat. 118.

26 USC 80S.

 of interest assumed by the taxpayer for purposes of sections 805(c) and 809(a)(2), shall be a rate equal to the current

26 USC 809.

 earnings rate determined under section 805(b) (2) with respect to the items separately accounted for in accordance with paragraph (3) reduced by the percentage obtained by dividing— “(i) any amount retained with respect to such reserves by the life insurance company from gross investment income (as defined in section 804(b)) on segregated

26 USC 804.

76 Stat. 1136assets, to the extent, such retained amount exceeds the

73 Stat. 117.

26 USC 804.

deductions allowable under section 804(c) which are attributable to such reserves, by “(ii) the means of such reserves; and “(B) with respect to reserves based on segregated asset accounts other than life insurance reserves, an amount equal to the product of— “(i) the rate of interest assumed as defined in subparagraph (A), and “(ii) the means of such reserves, shall be included as interest paid within the meaning of section 805(e) (1). “(6)

73 Stat. 120.

26 USC 805.

73 Stat. 125.

26 USC 810.

 Increases and decreases in reserves.— For purposes of subsections (a) and (b) of section 810, the sum of the items described in section 810(c) taken into account as of the close of the taxable year shall, under regulations prescribed by the Secretary or his delegate, be adjusted— “(A) by subtracting therefrom an amount equal to the sum of the amounts added from time to time (for the taxable year) to the reserves separately accounted for in accordance with paragraph (3) by reason of appreciation in value of assets (whether or not the assets have been disposed of), and “(B) by adding thereto an amount equal to the sum of the amounts subtracted from time to time (for the taxable year) from such reserves by reason of depreciation in value of assets (whether or not the assets have been disposed of).

73 Stat. 122.

26 USC 809.

The deduction allowable for items described in paragraphs (1) and (7) of section 809(d) with respect to segregated asset accounts shall be reduced to the extent that the amount of such items is increased for the taxable year by appreciation (or increased to the extent that the amount of such items is decreased for the taxable year by depreciation) not reflected in adjustments under the preceding sentence. “(7) Basis of assets held fob qualified pension plan contracts.— In the case of contracts described in subparagraph (A), (B), (C), or (D) of section 805(d) (1), the basis of each asset in a segregated asset account shall (in addition to all other adjustments to basis) be— “(A) increased by the amount of any appreciation in value, and “(B) decreased by the amount of any depreciation in value, to the extent that such appreciation and depreciation are from time to time reflected in the increases and decreases in reserves or other items in paragraph (6) with respect to such contracts. “(8) Additional separate computations.—Under regulations prescribed by the Secretary or his delegate, such additional separate computations shall be made, with respect to the items separately accounted for in accordance with paragraph (3), as may be necessary to carry out the purposes of this subsection and this part.” (b) Tax in Case of Capital Gains.— (1)

73 Stat. 115.

26 USC 802.

 Alternative tax.—Paragraph (2) of section 802(a) of such Code (relating to tax in case of capital gains) is amended to read as follows: “(2) Alternative tax in case of capital gains.— If for any taxable year beginning after December 31, 1961, the net long-term capital gain of any life insurance company exceeds the net short-term capital loss, then, in lieu of the tax imposed by paragraph (1), there is hereby imposed a tax (if such tax is less than the 76 Stat. 1137tax imposed by such paragraph) which shall consist of the sum of— “(A) a partial tax, computed as provided by paragraph (1), on the life insurance company taxable income determined by reducing the taxable investment income, and the gain from operations, by the amount of such excess, and “(B) an amount equal to 25 percent of such excess.” (2) Taxable investment income.—Paragraph (2) of section 804(a) of such Code (relating to definition of taxable investment

73 Stat. 115.

26 USC 804.

 income) is amended by striking out “equal to the sum” and inserting in lieu thereof “equal to the amount (if any) by which the net long-term capital gain exceeds the net short-term capital loss plus the sum”. (3) Gain and loss from operations.— Paragraphs (1) and (2) of section 809(b) of such Code ( relating to definitions of gain

73 Stat. 121.

26 USC 809.

 and loss from operations) are each amended by striking out “and” at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: “(B) the amount (if any) by which the net long-term capital gain exceeds the net short-term capital loss: and”. (4) Conforming amendments.—Sections 815(c)(3)(B)

26 USC 815.

26 USC 6501.

 and 6501(c)(6) of such (’ode are each amended by striking out “802(a) (1)” and inserting in lien thereof “802(a)”. (c) Limitation on Certain Deductions.—Section 809(f)(2) of

26 USC 809.

 such (’ode (relating to the application of limitation on certain deductions) is amended to read as follows: “(2) Application of limitation.—The limitation provided by paragraph (1) shall apply first to the amount of the deduction under subsection (d)(3), then to the amount of the deduction under subsection (d) (6), and finally to the amount of the deduction under subsection (d) (5).” (d) New Companies Qualifying for 8-Year Loss Carryover.— (1) In general.—Section 812(e)(2)(B) of such Code (relating

26 USC 812.

 to nonqualified corporation) is amended by adding immediately after the words “with any other corporation” in the first sentence, the following: “(except a corporation taxable under part II or part III of this subchapter)”. (2) Effective date.—The amendment made by paragraph (1) shall apply with respect to all taxable years beginning after December 31, 1954, except that in the case of a nonqualified corporation, as defined in section 812(e) (2) (B) of the Internal Revenue Code of 1954 as in effect prior to the amendment made by paragraph (1), a loss from operations for a taxable year beginning in 1955 shall not be an operations loss carryover to the year 1961, and there shall be no reduction in the portion of such loss from operations which may be carried to 1962 or 1963 by reason of an offset with respect to the year 1961. (e) Certain Distributions of Stock of Subsidiaries.—Section 815(a) of such Code (relating to distributions to shareholders) is

26 USC 815.

 amended by adding at the end thereof the following: “Further, for purposes of this section, the term ‘distribution’ does not include any distribution before January 1, 1964, of the stock of a controlled corporation

26 USC 355.

26 USC 831.

 to which section 355 applies, if such controlled corporation is an insurance company subject to the tax imposed by section 831 and 76 Stat. 1138control has been acquired prior to January 1, 1963, in a transaction qualifying as a reorganization under section 368(a) (1) (B).” (f)

68A Stat. 120.

26 USC 368.

 Effective Date.—Except as provided in subsection (d) (2), the amendments made by this section shall apply with respect to taxable years beginning after December 31, 1961.
Approved October 23, 1962.
Public Law 87–859: To continue for an additional three-year period the existing suspensions of the tax on the first domestic processing of coconut oil, palm oil, palm-kernel oil, and fatty acids, salts, combinations, or mixtures thereof. Public Law 859 Public Law 87–859 76 Stat. 1138 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–859
AN ACT To continue for an additional three-year period the existing suspensions of the tax on the first domestic processing of coconut oil, palm oil, palm-kernel oil, and fatty acids, salts, combinations, or mixtures thereof.

October 23, 1962

[H. R. 5260]

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

Coconut and palm oil.

Tax suspension, extension.

74 Stat. 73.

26 USC 4511 note.
That— (1) Section 3 of Public Law 85–235, as amended (71 Stat. 516), approved August 30, 1957 (relating to the temporary suspension of the tax on the first domestic processing of coconut oil); and (2) Public Law 86–37, as amended (73 Stat. 64), approved May 29, 1959 (relating to the temporary suspension of the tax on the first domestic processing of palm oil, palm-kernel oil, etc.), are each amended by striking out “June 30, 1963” and inserting in lieu thereof “June 30, 1966”.
Approved October 23, 1962.
Public Law 87–860: To amend the Act of July 2, 1948. so us to repeal portions thereof relating to residual rights in certain land on Santa Rosa Island, Florida. Public Law 860 Public Law 87–860 76 Stat. 1138 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–860
AN ACT To amend the Act of July 2, 1948. so us to repeal portions thereof relating to residual rights in certain land on Santa Rosa Island, Florida.

October 23, 1962

[H. R. 7932]

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

Santa Rosa Island, Okaloosa County, Fla.

Residual rights, release.
That (a) the first sentence in the first section of the Act entitled “An Act to authorize the Secretary of the Army to sell and convey to Okaloosa County, State of Florida, all the right, title, and interest of the United States, including any restriction on use thereof, in and to a portion of Santa Rosa Island, Florida, and for other purposes”, approved July 2, 1948

63 Stat. 921.

(62 Stat. 1229), is hereby amended by striking the words “for recreational purposes”. Subparagraphs a, e, and g of the first section, and all of sections 2 and 3 of the Act are hereby repealed. (b)

Repeals.

 The Secretary of the Army shall issue such written instruments as may be necessary to bring the conveyance made to Okaloosa County, Florida, on May 22, 1950, under authority of the Act of July 2, 1948, into conformity with the amendment made by subsection (a) of this section.
Sec. 2.

Effective date.

The first section of this Act shall take effect on the date the county of Okaloosa, Florida, shall pay to the Secretary of the Army the current fair market value (as determined by the Secretary), of the property interest authorized to lie conveyed to such county under the first sect ion of this Act.
Approved October 23, 1962.
Public Law 87–861: To amend the Trading With the Enemy Act, as amended. Public Law 861 Public Law 87–861 76 Stat. 1139 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1139 Public Law 87–861
AN ACT To amend the Trading With the Enemy Act, as amended.

October 23, 1962

[H. R. 9045]

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

Trading with the Enemy Act, amendment.
That the hist sentence of subsection (a) of section 39 of the Trading With the Enemy Act, as amended (62 Stat. 1246; 50 U.S.C., App., sec. 39), is amended to read as follows: “Nothing in this section shall be construed to repeal or otherwise affect the operation of section 32, 40, 41. 42, or 43

50 USC app. 32;

Ante, p. 1115;

Infra.

60 Stat. 418.

22 USC 1381 note.

“Trademarks.”

Publication in F. R.

 of this Act or of the Philippine Property Act of 1946.”
Sec. 2. The Trading With the Enemy Act, as amended, is further amended by adding at the end thereof the following sections:
“Sec. 42. (a) As used in this section, the word ‘trademarks’ includes trademarks, trade names, and the goodwill of the business to which a trademark or trade name is appurtenant. “(b) Trademarks vested in the Alien Property Custodian or the Attorney General under the provisions of this Act subsequent to December 17, 1941, which have not been returned or otherwise disposed of under this Act, except trademarks vested by vesting orders 284, as amended (7 Fed. Reg. 9754, 9 Fed. Reg. 1038), 2354 (8 Feel. Reg. 14635), 5592 (11 Fed. Reg. 1675), and 18805 (17 Fed. Reg. 4364), are hereby divested as a matter of grace, effective the ninety-first day after the date of enactment of this section, and the persons entitled to such trademarks shall on that day succeed to the rights, privileges, and obligations arising therefrom, subject, however, to the rights of licensees under licenses issued by the Alien Property Custodian or the Attorney General in respect to such trademarks. The rights and interests remaining in the Attorney General under licenses issued by him or by the Alien Property Custodian in respect to trademarks divested hereunder are hereby transferred, effective the day of divestment, to the persons entitled to such trademarks: Provided, That all unpaid royalties or other income accrued in favor of the Attorney General under such licenses prior to the day of divestment shall be paid by the licensees to the Attorney General. “(c) All rights or interests vested in the Alien Property Custodian or the Attorney General under the provisions of this Act subsequent to December 17, 1941, arising out of prevesting contracts entered into with respect to trademarks, except— “(1) royalties or other income received by or accrued in favor of the Alien Property Custodian or the Attorney General under such contracts; “(2) rights or interests which have been returned or otherwise disposed of under this Act; and “(3) rights or interests vested by vesting orders 284, as amended (7 Fed. Reg. 9754; 9 Fed. Reg. 1038), 2354 (8 Fed. Reg. 14635),5592 (11 Fed. Reg. 1675), and 18805 (17 Fed. Reg. 4364), are hereby divested as a matter of grace, effective the ninety-first day after the date of enactment of this section, and the persons entitled to such rights or interests shall succeed thereto, subject to the right of the Attorney General to collect and receive all unpaid royalties or other income accrued in his favor under such prevesting contracts prior to the day of divestment. “(d) The Attorney General shall within forty-five days after the

Publication in F. R.

 date of enactment of this section publish in the Federal Register a list of trademarks which at the date of vesting in the Alien Property Custodian or Attorney General were owned by persons who were resident in or had their sole or primary seat in the area of Germany 76 Stat. 1140now in the Soviet Zone of Occupation or in the Soviet sector of Berlin or in German territory under provisional Soviet or Polish

Publication in F. R.

administration. Notwithstanding the provisions of subsection (b) of this section, the effective date of divestment of the trademarks so listed and published in the Federal Register shall be the date of publication in the Federal Register by the Secretary of State of a certification identifying the cases in which an equivalent trademark has been registered in the Federal Republic of Germany for a person residing or having its sole or primary seat in the Federal Republic of Germany or in the western sectors of Berlin. In those cases of an equivalent trademark certified by the Secretary of State, the person registered by the Federal Republic of Germany as owner of such equivalent trademark shall succeed to the ownership of the divested trademark in the United States.
“Sec. 43.

Motion pictures, transfer.

 (a) The Attorney General is hereby authorized and directed to transfer to the Library of Congress the title to all prints of motion pictures now in the custody of the Library, which prints were vested in or transferred to the Alien Property Custodian or the Attorney General pursuant to this Act after December 17, 1941, except prints of motion pictures which are the subject of suits or claims under section 9(a) or section 32 of this Act. “(b)

42 Stat. 1511.

50 USC app. 9.

60 Stat. 50.

50 USC app. 32.

 Subject to the right of selection by the Library of Congress, (he authorization, direction, and exception contained in subsection (a) hereof shall apply with respect to such prints now in the custody of the Attorney General. Prints not selected by the Library of Congress may lie disposed of by the Attorney General in any manner he deems appropriate. “(c)

Disposal.

 With respect to all prints concerning which title is transferred to the Library of Congress pursuant to subsections (a) and (b) hereof, the Library shall have complete discretion to retain such prints and to reproduce copies thereof, or to dispose of them in any manner it deems appropriate.”
Approved October 23, 1962.
Public Law 87–862: To amend section 203 of the Rural Electrification Act of 1936, as amended, with respect to communication service for the transmission of voice, sounds, signals, pictures, writing, or signs of all kinds through the use of electricity. Public Law 862 Public Law 87–862 76 Stat. 1139 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–862
AN ACT To amend section 203 of the Rural Electrification Act of 1936, as amended, with respect to communication service for the transmission of voice, sounds, signals, pictures, writing, or signs of all kinds through the use of electricity.

October 23, 1962

[H. R. 10708]

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

Rural Electrification Act of 1936, amendment.

63 Stat. 949.
That section 203 of the Rural Electrification Act of 1936, as amended (7 U.S.C. 924), is amended by striking out subsection (a) thereof, and inserting in lieu thereof the following: “(a)

“Telephone service.”

 As used in this title, the term ‘telephone service’ shall be deemed to mean any communication service for the transmission of voice, sounds, signals, pictures, writing, or signs of all kinds through the use of electricity between the transmitting and receiving apparatus, and shall include all telephone lines, facilities, or systems used in the rendition of such service; but shall not be deemed to mean message telegram service or community antenna television system services or facilities other than those intended exclusively for educational purposes, or radio broadcasting services or facilities within the meaning

48 Stat. 1066.

47 USC 153.

of section 3(o) of the Communications Act of 1934, as amended.”
Approved October 23, 1962.
Public Law 87–863: To amend section 213 of the Internal Revenue Code of 1954 to increase the maximum limitations on the amount allowable as a deduction for medical, dental, etc., expenses, and for other purposes. Public Law 863 Public Law 87–863 76 Stat. 1141 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1141 Public Law 87–863
AN ACT To amend section 213 of the Internal Revenue Code of 1954 to increase the maximum limitations on the amount allowable as a deduction for medical, dental, etc., expenses, and for other purposes.

October 23, 1962

[H. R. 10620]

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

Taxes.

Medical expense deductions.

26 USC 213.
That (a) subsection (c) of section 213 of the Internal Revenue Code of 1954 (relating to maximum limitations on deduction for medical, dental, etc., expenses) is amended— (1) by striking out “$2,500” and inserting in lieu thereof “$5,000”, (2) by striking out “$5,000” and inserting in lieu thereof “$10,000”, and (3) by striking out “$10,000” and inserting in lieu thereof “$20,000”. (b) Subsection (g) of such section (relating to maximum limitation if taxpayer or spouse has attained age 65 and is disabled) is amended— (1) by striking out “$15,000” each place it appeal’s therein and inserting in lieu thereof “$20,000”, and (2) by striking out “$30,000” and inserting in lieu thereof “$40,000”. (c) The amendments made by subsections (a) and (b) shall apply only with respect to taxable years beginning after December 31, 1961.
Sec. 2. (a) Section 401 of the Internal Revenue Code of 1954

26 USC 401.

 (relating to qualified pension, profit-sharing, and stock bonus plans) is amended by redesignating subsection (n) as subsection (i)

Ante, p. 811.

Ante, p. 819.

 and by inserting after subsection (g) the following new subsection: “(h) Medical, etc., Benefits for Retired Employees and Their Spouses and Dependents.—Under regulations prescribed by the Secretary or his delegate, a pension or annuity plan may provide for the payment of benefits for sickness, accident, hospitalization, and medical expenses of retired employees, their spouses and their dependents, but only if— “(1) such benefits are subordinate to the retirement benefits provided by the plan, “(2) a separate account is established and maintained for such benefits, “(3) the employer’s contributions to such separate account are reasonable and ascertainable, “(4) it is impossible, at any time prior to the satisfaction of all liabilities under the plan to provide such benefits, for any part of the corpus or income of such separate account to be (within the taxable year or thereafter) used for, or diverted to, any purpose other than the providing of such benefits, and “(5) notwithstanding the previsions of subsection (a)(2), upon the satisfaction of all liabilities under the plan to provide such benefits, any amount remaining in such separate account must, under the terms of the plan, be returned to the employer.” (b) Section 404(a)(2) of such Code (relating to employees’ annuities)

26 USC 404.

 is amended— (1) by inserting after “purchase of retirement annuities” the following: “, or retirement annuities and medical benefits as described in section 401(h),”; and (2) by inserting after “such retirement annuities” the following: “, or such retirement annuities and medical benefits”. 76 Stat. 1142 (c) The amendments made by subsections (a) and (b) shall apply to taxable years beginning after the date of the enactment of this Act.
Sec. 3. Any taxpayer who exercised an option to capitalize intangible drilling and development costs under the regulations recognized

59 Stat. 844.

and approved by the Congress in II. Con. Res. 50, 79th Congress, or under section 39.23(m)-16 of regulations 118, is hereby granted a new option for the first taxable year ending on or after the date of the enactment of this Act to deduct such costs as expenses. Such new option shall be exercised at the time of filing the income tax return for such first taxable year, but otherwise shall be treated, for all purposes, as an option exercised under, and subject to, section 263(c) of

26 USC 263.

the Internal Revenue Code of 1954 and the regulations prescribed thereunder.
Sec. 4.

26 USC 5123.

 (a) Section 5123(b) of (he Internal Revenue Code of 1954 (relating to application of special tax on retail dealers in liquor where business is conducted in more than one location) is amended by adding at the end thereof the following new paragraph: “(3) Liquor stores operated by states. political. subdivisions, etc.—A State, a political subdivision of a State, or the District of Columbia shall not be required to pay more than one special tax

26 USC 5121.

as a retail dealer in liquors under section 5121 (a) regardless of the number of locations at which such State, political subdivision, or District carries on business as a retail dealer in liquors.” (b)

26 USC 5113.

Section 5113(b) of such Code (relating to application of special tax on wholesale dealers in liquor to liquor stores operated by States, political subdivisions, etc.) is amended— (1) by striking out “or Territory” and “Territory,” each place such terms appear, and (2) by striking out “if such liquor store” and inserting in lieu thereof “if such State, political subdivision, or District”. (c)

Effective date.

 The amendments made by subsections (a) and (b) of this section shall take effect on July 1, 1962.
Sec. 5.

26 USC 1341.

 (a) Section 1341(b) of the Internal Revenue Code of 1954 (relating to special rules applicable to computation of tax where tax-payer restores substantial amount held under claim of right) is amended by adding at the end thereof the following new paragraphs: “(4) For purposes of determining whether paragraph (4) or paragraph (5) of subsection (a) applies— “(A) in any case where the deduction referred to in paragraph (4) of subsection (a) results in a net operating loss, such loss shall, for purposes of computing the tax for the taxable year under such paragraph (4), be carried back to the same extent and in the same manner as is provided under section 172; and “(B) in any case where the exclusion referred to in paragraph (5) (B) of subsection (a) results in a net operating loss or capital loss for the prior taxable year (or years), such loss shall, for purposes of computing the decrease in tax for the prior taxable year (or years) under such paragraph (5)(B), be carried back and carried over to the same extent and in the

26 USC 172, 1212.

same manner as is provided under section 172 or section 1212, except that no carryover beyond the taxable year shall lie taken into account. “(5) For purposes of this chapter, the net operating loss described in paragraph (4) (A) of this subsection, or the net operating loss or capital loss described in paragraph (4) (14) of this subsection, as the case may be, shall (after the application of paragraph (4) or (5) (B) of subsection (a) for the taxable year) 76 Stat. 1143 be taken into account under section 172 or 1212 for taxable years after the taxable year to the same extent and in the same manner as— “(A) a net operating loss sustained for the taxable year, if paragraph (4) of subsection (a) applied, or “(B) a net operating loss or capital loss sustained for the prior taxable year (or years), if paragraph (5) (B) of subsection (a) applied.” (b) The amendment made by subsection (a) shall be effective with

Effective date

 respect to taxable years beginning on or after January 1, 1962.
Sec. 6. (a) (1) Section 7608 of the Internal Revenue Code of 1954

26 USC 7608.

 (relating to authority of Internal Revenue enforcement officers) is amended by adding at the end thereof the following new subsection: “(b) Enforcement of Laws Relating to Internal Revenue Other Than “(1) Any criminal investigator of the Intelligence Division or of the Internal Security Division of the Internal Revenue Service whom the Secretary or his delegate charges with the duty of enforcing any of the criminal provisions of the internal revenue laws or any other criminal provisions of law relating to internal revenue for the enforcement of which the Secretary or his delegate is responsible is, in the performance of his duties, authorized to perform the functions described in paragraph (2). “(2) The functions authorized under this subsection to be performed by an officer referred to in paragraph (1) are— “(A) to execute and serve search warrants and arrest warrants, and serve subpoenas and summonses issued under authority of the United States; “(B) to make arrests without warrant for any offense against the United States relating to the internal revenue laws committed in his presence, or for any felony cognizable under such laws if he has reasonable grounds to believe that the person to be arrested has committed or is committing any such felony; and “(C) to make seizures of property subject to forfeiture under the internal revenue laws.” (2) Such section is further amended by striking out “Any” and inserting in lieu thereof “(a) Enforcement of Subtitle E and Other Laws Pertaining to Liquor, Tobacco, and Firearms.—Any”. (b) The amendments made by subsection (a) shall take effect on

Effective date.

 the day after the date of enactment of this Act.
Approved October 23, 1962.
Public Law 87–864: Fixing the time of assembly of the Eighty-eighth Congress. Public Law 864 Public Law 87–864 76 Stat. 1144 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–864
JOINT RESOLUTION Fixing the time of assembly of the Eighty-eighth Congress.

October 23, 1962

[H. J. Res. 907]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Eighty-eighth Congress shall assemble at noon on Wednesday, January 9,
Approved October 23, 1962.
Public Law 87–865: To permit the Postmaster General to extend contract mail routes up to one hundred miles during the contract term, and for other purposes. Public Law 865 Public Law 87–865 76 Stat. 1144 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1144 Public Law 87–865
AN ACT To permit the Postmaster General to extend contract mail routes up to one hundred miles during the contract term, and for other purposes.

October 23, 1962

[H. R. 10936]

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

Postal Service.

Contract mail routes, extension.

74 Stat. 702.
That the second sentence of subsection (a) of section 6424 of title 39, United States Code, is amended by striking out “fifty miles”, and inserting in lieu thereof “one hundred miles”.
Sec. 2.

Second class publications.

74 Stat. 671.

 (a) Section 4369 of title 39, United States Code, is amended to read as follows:
“§ 4369. Filing of information relating to publications of the second class “(a) Each owner of a publication having second-class mail privileges under section 4354 of this title shall furnish to the Postmaster General at least once a year, and shall publish in such publication once a year, information in such form and detail and at such time as he may require respecting— “(1) the identity of the editor, managing editor, publishers, and owners; “(2) the identity of the corporation and stockholders thereof, if the publication is owned by a corporation; “(3) the identity of known bondholders, mortgagees, and other security holders; “(4) the extent and nature of the circulation of the publication, including, but not limited to, the number of copies distributed, the methods of distribution, and the extent to which such circulation is paid in whole or in part: Provided, however, That trade publications serving the performing arts need only to furnish such information to the Postmaster General; and “(5)

such other information as he may deem necessary to determine whether the publication meets the standards for second-class mail privileges.

The Postmaster General shall not require the names of persons owning less than 1 per centum of the total amount of stocks, bonds, mortgages, or other securities.

 “(b)

74 Stat. 667.

 Each publication having second-class mail privileges under section 4355(b) of this title shall furnish to the Postmaster General information in such form and detail, and at such times? as he requires to determine whether the publication continues to qualify thereunder. In addition, the Postmaster General may require each publication which has second-class mail privileges under section 4355(a) or 4356 of this title to furnish information, in such form and detail and at such times as he may require, to determine w’hether the publication continues to qualify thereunder. “(c) The Postmaster General shall make appropriate rules and regulations to carry out the purposes of this section, including provision for suspension or revocation of second-class mail privileges for failure to furnish the required information.”
(b)

39 USC 4351 et seq.

The table of contents of chapter 63 of such title is amended by striking out

“4369.

and inserting in lieu thereof

“4369.
Sec. 3.

Repeal.

37 Stat. 553.

39 USC 233.

The second paragraph of section 2 of the Act of August 24, 1912, as amended by the Act of June 11, 1960 ( 74 Stat. 208; Public Law 86–513), and by paragraph 34 of the first section of the Act of June 11, 1960 (74 Stat. 202: Public Law 86–507), is hereby repealed.
Approved October 23, 1962.
Public Law 87–866: To authorize appropriations for the fiscal years 1904 and 19(10 for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes. Public Law 866 Public Law 87–866 76 Stat. 1145 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1145 Public Law 87–866
AN ACT To authorize appropriations for the fiscal years 1904 and 19(10 for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes.

October 23, 1962

[H. R. 12135]

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

Federal-Aid Highway Act of 1962.
short title Section 1. This Act may be cited as the “Federal-Aid Highway Act of 1962”.
authorizations Sec. 2. For the purpose of carrying out the provisions of title 23 of the United States Code the following sums are hereby authorized to be appropriated: (1) For the Federal-aid primary system and the Federal-aid secondary system and for their extension within urban areas, out of the Highway Trust Fund, $950,000,000 for the fiscal year ending June 30, 1964, and $975,000,000 for the fiscal year ending June 30, 1965. The sums authorized in this paragraph for each fiscal year shall be available for expenditure as follows: (A) 45 per centum for projects on the Federal-aid primary highway system; (B) 30 per centum for projects on the Federal-aid secondary highway system; and (C) 25 per centum for projects on extensions of the Federal-aid primary and Federal-aid secondary highway systems in urban areas. (2) For forest highways, $33,000,000 for the fiscal year ending June 30, 1964, and $33,000,000 for the fiscal year ending June 30, 1965. (3) For forest development roads and trails, an additional $10,000,000 for the fiscal year ending June 30, 1963, $70,000,000 for the fiscal year ending June 30, 1964, and $85,000,000 for the fiscal year ending June 30, 1965. (4) For public lands development roads and trails, $2,000,000 for the fiscal year ending June 30, 1964, and $4,000,000 for the fiscal year ending June 30, 1965. (5) For park reads and trails, $22,000,000 for the fiscal year ending June 30, 1964, and $25,000,000 for the fiscal year ending June 30, 1965. (6) For parkways, $16,550,000 for the fiscal year ending June 30, 1964, and $16,000,000 for the fiscal year ending June 30, 1965. (7) For Indian reservation roads and bridges, $16,000,000 for the fiscal year ending June 30, 1964, and $18,000,000 for the fiscal year ending June 30, 1965. (8) For public lands highways, the additional sum of $6,000,000 for the fiscal year ending June 30, 1963, and the sum of $9,(XX),000 for the fiscal year ending June 30, 1964, and $9,000,000 for the fiscal year ending June 30, 1965.
the rama road Sec. 3. That in order to provide for completion of the Rama Road in the Republic of Nicaragua, there is hereby authorized to be appropriated to the Department of State, in addition to the sums heretofore authorized, the sum of $850,000, to lie available until expended,

Appropriation.

 for discharging the United States obligation under the applicable agreement with the Government of Nicaragua: Provided, That the survey and construction work shall be under the general supervision 76 Stat. 1146of the Secretary of Commerce: Provided further, That funds provided pursuant to this authorization shall not lie available for expenditure except under the conditions set forth in section 213 of title 23, United

72 Stat. 911.

States Code, with respect to the authorization contained in that section: And provided further, That the funds authorized in this section shall be available for contract immediately upon the passage of this Act.
inter-american highway Sec. 4. For the purpose of completing the construction of the Inter-American Highway, there is hereby authorized to be appropriated

Appropriation.

the additional sum of $32,000,000 to be expended in accordance with the provisions of section 212 of title 23 of the United States Code: Provided, That no part of such sum shall be obligated in any country until that country demonstrates, to the satisfaction of the Secretary, that it is capable of and willing to meet its commitment for maintenance under the agreements entered into pursuant to the provisions of section 212(a) (5) of title 23, United States Code. Net to exceed

Limitation.

$12,000,000 of the funds authorized herein shall be available for con-tract immediately upon enactment of this Act and compliance with such commitment, except that such contract authority shall be reduced by such amounts as are appropriated for construction of the Inter-American Highway by the Eighty-seventh Congress, second session.
assistance for displaced families and businesses Sec. 5.

23 USC 101–132.

 (a) Chapter 1 of title 23 of the United States Code is amended by adding at the end thereof the following new section:
“§ 133. Relocation assistance “(a)

“Eligible person.”

 As used in this section the term ‘eligible person’ means any individual, family, business concern (including the operation of a farm) and nonprofit organization to be displaced by construction of a project. “(b) The Secretary prior to his approval of any project under section 106 of this title for right-of-way acquisition or actual construction shall require the State highway department to give satisfactory assurance that relocation advisory assistance shall lie provided for the relocation of families displaced by acquisition or clearance of rights-of-way for any Federal-aid highway. “(c) The Secretary shall approve, as a part of the cost of construction of a project on any of the Federal-aid highway systems, such relocation payments as may lie made by a State highway department, or a local public agency acting as an agent for the State highway department for this purpose, to eligible persons for their reasonable and necessary moving expenses caused by their displacement from real property acquired for such project. However, the Secretary shall not require a State to pay relocation payments where not authorized by State law. “(d)

Limitations.

 Payments under this section shall be subject to such rules and regulations as may be prescribed by the Secretary, and shall not exceed $200 in the case of an individual or family, or $3,000 in the case of a business concern (including the operation of a farm) or nonprofit organization. In the case of a business (including the operation of a farm) and in the case of a nonprofit organization, the allowable expenses for transportation under this subsection shall not exceed the cost of moving 50 miles from the point from which such business or organization is being displaced. Such rules and regulations may include provisions authorizing reimbursement for payments made to individuals and families of fixed amounts (not to exceed $200 in any 76 Stat. 1147case) in lieu of their respective reasonable and necessary moving expenses. “(e) This section shall apply only with respect to projects approved

72 Stat. 892.

 under section 106 of this title after the date of enactment of this section.”
(b) The analysis of chapter 1 of title 23 of the United States Code is amended by adding at the end thereof the following: “133.
public lands development roads and trails Sec. 6. (a) Section 101 of title 23, United States Code, is amended by inserting immediately after the paragraph which begins “The term ‘project agreement’ means”, the following:

“The term ‘public lands development roads and trails’ means those roads or trails which the Secretary of the Interior determines are of primary importance for the development, protection, administration, and utilization of public lands and resources under his control.”

 (b) Chapter 2 of title 23 of the United States Code is amended

23 USC 201–213.

 by adding at the end thereof the following new section:
“§ 214. Public lands development roads and trails “(a) Funds available for public lands development roads and trails shall be used to pay the cost of construction and improvement of such roads and trails. “(b) Funds available for public lands development roads and trails shall lie available for adjacent vehicular parking areas and for sanitary, water, and fire control facilities. “(c) The Secretary shall approve the location, type, and design of all projects for public lands development roads and trails before any expenditures are made thereon and all construction thereof shall be under the general supervision of the Secretary.”
(c) The analysis of chapter 2 of title 23 is amended by adding at the end thereof the following: “214.
availability of funds—other highways Sec. 7. Section 203 of title 23 of the United States Code is amended by inserting immediately before the phrase “park roads and trails”, at each of the two places it appears in such section, the following: “public lands development roads and trails,”.
federal-aid secondary highway system—urban areas Sec. 8. (a) The last sentence of subsection (c) of section 103 of title 23, United States Code, is amended to read as follows: “This system may be located both in rural and urban areas, but any extension of the system into urban areas shall be subject to the condition that such extension pass through the urban area or connect with another Federal-aid system within the urban area.” (b) The amendment made by subsection (a) of this section shall apply to apportionments made before as well as after the date of enactment of this Act.
76 Stat. 1148
transportation planning in certain urban areas Sec. 9.

Ante, p. 1146.

 (a) Chapter 1 of title 23, United States Code, is amended by adding immediately following section 133 the following new section:
“§ 134. Transportation planning in certain urban areas “It is declared to be in the national interest to encourage and promote the development of transportation systems, embracing various modes of transport in a manner that will serve the States and local communities efficiently and effectively. To accomplish this objective the Secretary shall cooperate with the States, as authorized in this title, in the development of long-range highway plans and programs which are properly coordinated with plans for improvements in other affected forms of transportation and which are formulated with due consideration to their probable effect on the future development of urban areas of more than fifty thousand population. After July 1, 1965, the Secretary shall not approve under section 105 of this title any program for projects in any urban area of more than fifty thousand population unless he finds that such projects are based on a continuing comprehensive transportation planning process carried on cooperatively by States and local communities in conformance with the objectives stated in this section.”
(b) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: “134.
rural delivery and star route mileage Sec. 10.

72 Stat. 889;

73 Stat. 146.

 (a) Subsection (b)(1) of section 104 of title 23 of the Linked States Code is amended by striking out “preceding fiscal year” and inserting in lieu thereof “preceding calendar year”. (b) The amendment made by subsection (a) of this section shall be applicable only with respect to apportionments made after the date of enactment of this Act.
highway planning and research funds Sec. 11.

72 Stat. 913.

Subsection (c) of section 307 of title 23 of the United States Code is amended by inserting “(1)” immediately after “(c)”, by striking out “any year’ and inserting in lieu thereof “each fiscal year prior to the fiscal year 1964”, and by adding at the end thereof the following: “(2) One and one-half per centum of the sums apportioned for each fiscal year beginning with the fiscal year 1964 to any State under section 104 of this title shall be available for expenditure by the State highway department only for the purposes enumerated in paragraph (1) of this subsection. “(3) In addition to the percentage provided in paragraph (2) of this subsection, not to exceed one-half of one per centum of sums apportioned for each fiscal year beginning with the fiscal year 1964 under paragraphs (1), (2), and (3) of section 104(b) of this title shall be available for expenditure upon request of the State highway department for the purposes enumerated in paragraph (1) of this subsection. “(4) Sums made available under paragraphs (2) and (3) of this subsection shall be matched by the State in accordance with section 120 of this title unless the Secretary determines that the interests of the Federal-aid highway program would be best served without such matching.”
76 Stat. 1149
definitions Sec. 12. For the purposes of section 2 of this Act each of the following terms shall have the same meaning as is given it in section 101 of title 23 of the United States Code:

72 Stat. 885.

 (1) Forest development roads and trails; (2) Forest highway; (3) Indian reservation roads and bridges; (4) Park roads and trails; (5) Parkway; (6) Public lands highways; (7) Federal-aid primary system; (8) Federal-aid secondary system; (9) Urban area; (10) Public lands development roads and trails.
alaska highway study Sec. 13. (a) The Secretary of Commerce, in cooperation with the State of Alaska, is hereby authorized to make engineering studies and estimates and planning surveys relative to a highway construction program for the State of Alaska, and, in accordance with treaties or other agreements to be negotiated with Canada by the Secretary of State in consultation with the Secretary of Commerce, engineering studies, estimates, and planning surveys relative to connecting Alaskan roads with Canadian roads at the International boundary. (b) On or before May 15, 1964, the Secretary of Commerce shall

Report to Congress.

 submit a report to the Congress which shall include— (1) an analysis of the adequacy of the Federal-aid highway program to provide for a satisfactory program in both the populated and the undeveloped areas in Alaska; (2) specific recommendations as to the construction of roads through undeveloped areas of Alaska and connection of such roads with Canadian roads at the International boundary; and (3) a feasible program for implementing such specific recommendations, including cost estimates, recommendations as to the sharing of cost responsibilities, and other pertinent matters. (c) From time to time, either before or after submission of the report provided for in subsection (b) of this section, the Secretary of Commerce may submit recommendations to the Congress with respect to the construction of particular highways to carry out the purposes of this section. (d) Nothing in this section shall be construed as creating any obligation in the Congress, express or implied, to carry out the recommendations referred to in subsections (b) and (c). (e) There is hereby authorized to be appropriated, out of any money

Appropriation.

 in the Treasury not otherwise appropriated, to be available until expended, the sum of $800,000 for the purpose of making the studies, surveys, and report authorized by subsections (a) and (b) hereof.
Approved October 23, 1962.
Public Law 87–867: Making appropriations for the government of the District of Columbia and other activities chargeable In whole or in part against the revenues of said District for the fiscal year ending June 30, 1963, and for other purposes. Public Law 867 Public Law 87–867 76 Stat. 1150 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1150 Public Law 87–867
AN ACT Making appropriations for the government of the District of Columbia and other activities chargeable In whole or in part against the revenues of said District for the fiscal year ending June 30, 1963, and for other purposes.

October 23, 1962

[H. R. 12276]

 FEDERAL FUNDS Federal Payment to District of Columbia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

District of Columbia Appropriation Act, 1963.
That there are appropriated for the District of Columbia for the fiscal year ending June 30, 1963, out of (1) the general fund of the District of Columbia (unless otherwise herein specifically provided), hereinafter known as the general fund, such fund being composed of the revenues of the District of Columbia other than those applied by law to special funds, and $30,000,000, which is hereby appropriated for the purpose out or any money in the Treasury not otherwise appropriated (to be advanced July 1, 1962), (2) the highway fund (when designated as payable therefrom), established by law (D.C. Code, title 47, ch. 19), including the motor vehicle parking account (when designated as

Ante, p. 18.

payable therefrom), established by law (Public Law 87–408), (3) the water fund (when designated as payable therefrom), established by law (D.C. Code, title 43, ch. 15), and $1,938,000, which is hereby appropriated for the purpose out of any money in the Treasury not otherwise appropriated (to be advanced July 1, 1962), and (4) the sanitary sewage works fund (when designated as payable therefrom),

68 Stat. 104.

D.C. Code 43–1602.

established by law (Public Law 364, 83d Congress), and $961,000, which is hereby appropriated for the purpose out of any money in the Treasury not otherwise appropriated (to be advanced July 1, 1962); and there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, $23,542,000, which, together with balances of previous appropriations for this purpose, shall remain available until expended, for loans authorized by the Act of

D.C. Code 43–1540.

D.C. Code 9–220.

May 18, 1954 (68 Stat. 101), and the Act of June 6, 1958 (72 Stat. 183), to be advanced upon request of the Commissioners to the following funds: general fund, $18,700,000, highway fund, $1,600,000, and sanitary sewage works fund, $3,242,000.
Federal Contribution and Loans to the Metropolitan Area Sanitary Sewage Works Fund For additional amounts for payment of the Federal contribution to the Metropolitan area sanitary sewage works fund of the District of Columbia, $300,000, and for loans to be advanced and credited to said fund upon request of the Commissioners, $2,500,000, both amounts to remain available until expended. DISTRICT OF COLUMBIA FUNDS OPERATING EXPENSES For expenses necessary for functions under this general head: General Operating Expenses General operating expenses, plus so much as may be necessary to compensate the Engineer Commissioner at a rate equal to each civilian member of the Board of Commissioners of the District of Columbia, 76 Stat. 1151hereafter in this Act referred to as the Commissioners; $15,974,250, of which $350,000 (to remain available until expended) shall be available solely for District of Columbia employees’ disability compensation and $160,000 shall be payable from the highway fund (including $48,000 from the motor vehicle parking account), $23,900 from the water fund, and $6,400 from the sanitary sewage works fund: Provided, That the certificate of the Commissioners shall be sufficient voucher for the expenditure of $2,500 of this appropriation for such purposes, exclusive of ceremony expenses, as they may deem necessary: Provided further, That, for the purpose of assessing and reassessing real property in the District of Columbia, $5,000 of the appropriation shall be available for services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), but at rates for individuals not in

60 Stat. 810.

 excess of $100 per diem. Public Safety Public Safety, including employment of consulting physicians, diagnosticians, and therapists at rates to be fixed by the Commissioners; the present acting captain of the Metropolitan Police in charge of the public vehicle unit with the rank and pay of captain while so assigned, the present lieutenant in charge of the Accident Investigation Unit of Traffic Division with the rank and pay of captain while so assigned, the present senior lieutenant assigned to the Robbery Squad with the rank and pay of captain while so assigned, the present lieutenant assigned as Pawn Inspector with the rank and pay of captain while so assigned, and the present lieutenant assigned as court liaison officer with the rank and pay of captain while so assigned; purchase of fifty-five passenger motor vehicles including forty-six for police-type use without regard to the general purchase price limitation for the current fiscal year (but not in excess of $100 per vehicle above such limitation) of which forty-four are replacements and nine for other replacement purposes; $57,587,800, of which $100,000 shall be transferred to the judiciary and disbursed by the Administrative Office of the United States Courts for expenses of the Legal Aid Agency for the District of Columbia and $155,000 shall be payable from the highway fund (including $111,000 from the motor vehicle parking account): Provided, That not to exceed $50,000 of any funds from appropriations available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Civil Defense for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Commissioners: Provided further, That the limitation of $10,000 included under the heading “Corporation Counsel” in the District of Columbia Appropriation Act, 1961, for settlement of claims not in excess of $250 each is hereby

74 Stat. 18.

 increased to $15,000. Education

Education, including the development of national defense education programs and for matching Federal grants under the National Defense Education Act of September 2, 1958 (72 Stat. 1580), as amended, $57,248,400, of which $574,200 shall be for development

20 USC 401.

60 Stat. 775.

20 USC 151.

of vocational education in the District of Columbia in accordance with the Act of June 8, 1936, as amended, and the limitation of $6,000 included under the heading “Public Schools” in the District of Columbia Appropriation Act, 1961, for services of experts and consultants

74 Stat. 19.

 is hereby increased to $7,600.

Section 6 of the Legislative, Executive, and Judicial Appropriation Act, approved May 10, 1916, as amended, shall not apply from July 1

39 Stat. 582.

5 USC 58, 59.

76 Stat. 1152to August 25, 1962, to teachers of the public schools of the District of Columbia when employed by any of the branches of the United States Government or by any department or agency of the District of Columbia government.

 Parks and Recreation Parks and recreation, including the purchase, acquisition, and transportation of specimens for the National Zoological Park, $8,359,800, of which $25,000 shall be payable from the highway fund. Health and Welfare Health and Welfare, including reimbursement to the United States for services rendered to the

74 Stat. 24.

District of Columbia by Freedmen’s Hospital; and for care and treatment of indigent patients in institutions, including those under sectarian control, under contracts to be made by the Director of Public Health; $65,386,300: Provided, That the inpatient rate and outpatient rate under such contracts and for services rendered by Freedmen’s Hospital shall not exceed $32 per diem and the outpatient rate shall not exceed $5 per visit: Provided further,That this appropriation shall be available for the furnishing of medical assistance to individuals sixty-five years of age or older who are residing in the District of Columbia without regard to the requirement of one-year residence contained in District of Columbia Appropriation

59 Stat. 282.

Act, 1946, under the heading “Operating Expenses, Gallinger Municipal Hospital,” and this appropriation shall also be available to render assistance to such individuals who are temporarily absent from the District of Columbia. Highways and Traffic Highways and Traffic, including $63,400 for traffic safety education without reference to any other law; the limitation of $200 included under the heading “Department of Motor Vehicles” in the District of Columbia Appropriation Act, 1961, for membership in the American Association of Motor Vehicle Administrators is hereby increased to $240; rental of three passenger-carrying motor vehicles for use by the Commissioners; and purchase of thirty-nine passenger motor vehicles, including thirty for replacement only; $11,418,000, of which $7,652,126 shall be payable from the highway fund (including $1,642,100 from the motor vehicle parking account): Provided, That this appropriation shall not be available for the purchase of driver-training vehicles. Sanitary Engineering Sanitary Engineering, including the purchase of thirteen passenger motor vehicles for replacement only, $20,760,800 of which $204,000 shall be payable from the highway fund (motor vehicle parking account), $6,861,375 shall be payable from the water fund, and $3,936,650 shall be payable from the sanitary sewage works fund. CAPITAL OUTLAY Capital Outlay For reimbursement to the United States of funds loaned in

D.C. Code 8–106.

D.C. Code 11–103; 43–1540.

compliance with section 4 of the Act of May 29, 1930 (46 Stat. 482), as amended, the Act of August 7, 1946 ( 60 Stat. 896), as amended, the Act of May 14, 1948 (62 Stat. 235), and section 108 of the Act of May 18, 1954 (68 Stat. 103), including interest as required thereby; 76 Stat. 1153 construction projects as authorized by the Acts of April 22, 1904 (33 Stat. 244), February 16, 1942 (56 Stat. 91), May 18, 1954 (68 Stat.

D.C. Code 43–1510; 40–804; 7–132; 9–220; 40–804.

 105. 110), June 6, 1958 (72 Stat. 183), and August 20, 1958 (72 Stat. 686); including acquisition of sites; preparation of plans and specifications for the following buildings and facilities: New junior high school, North Dakota and Kansas Avenues, Northwest, Bunker Hill Elementary School addition, new junior high school in the vicinity of 48th and Meade Streets, Northeast, Hine Junior High School replacement, Southwest Branch Library, and Engine Company Number 18 replacement; for conducting a preliminary survey of the locking system at the District of Columbia Jail; erection of the following structures, including building improvement and alteration and the treatment of grounds: Garrison Elementary School replacement, elementary school in the vicinity of Fifty-third and C Streets, Southeast, elementary school in the vicinity of Camp Simms, Hart Junior High School addition, Capitol View Branch Library, Palisades Branch Library, Kelly-Miller Swimming Pool, Third Police Precinct replacement, Thirteenth Police Precinct replacement, Harbor Police Precinct replacement, Engine Company Number 8 replacement, consolidation and expansion of structures at the District or Columbia General Hospital, improvement of communications at Lorton Reservation, Chapel at the Maple Glen School, Dining Room addition and three children’s cottages at the Junior Village, and Security Cottage addition at the Cedar Knoll School; $162,000 for purchase of equipment for new school buildings; to remain available until expended, $49,451,000, of which $14,500,000, shall not become available for expenditure until July 1, 1963, $9,871,142 shall be payable from the highway fund (including $60,000 from the motor vehicle parking account), $1,748,053 shall be payable from the water fund, $7,083,636 shall be payable from the sanitary sewage works fund, and $1,193,700 shall be available for construction services by the Director of Buildings and Grounds or by contract for architectural engineering services, as may lie determined by the Commissioners, and the funds for the use of the Director of Buildings and Grounds shall be advanced to the appropriation account, “Construction services, Department of Buildings and Grounds”: Provided, That not to exceed $300,000 of funds hereto-fore appropriated under the heading “Capital Outlay” shall be available for purchase of furniture and equipment for new dormitories at the District of Columbia Village. Potomac Interceptor Sewerline For an additional amount for necessary expenses for plans, specifications, acquisitions of rights-of-way, construction, and operation of a sanitary interceptor and trunk sewerline, to extend from the District of Columbia system to the Dulles International Airport; to remain available until expended, $2,800,000, to be payable from the “Metropolitan area sanitary sewage works fund”. GENERAL PROVISIONS
Sec. 2. Except as otherwise provided herein, all vouchers covering

Vouchers.

 expenditures of appropriations contained in this Act shall lie audited before payment by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official without countersignature.
Sec. 3. Whenever in this Act an amount is specified within an appropriation

Maximum amount.

 for particular purposes or object of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor.
76 Stat. 1154
Sec. 4.

Automobile allowances.

Appropriations in this Act shall be available, when authorized or approved by the Commissioners, for allowances for privately owned automobiles used for the performance of official duties at 8 cents per mile but not to exceed $25 a month for each automobile, unless otherwise therein specifically provided, except that one hundred and twenty-five (fifty for investigators in the Department of Public Welfare) such allowances at not more than $410 each per annum may be authorized or approved by the Commissioners.
Sec. 5.

Travel expenses.

Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Commissioners: Provided, That the total expenditures for this purpose shall not exceed $65,000.
Sec. 6.

60 Stat. 810.

Appropriations in this Act shall be available for services as authorized by section 15 of the Act of August, 2, 1946 (5 U.S.C. 55a).
Sec. 7. The disbursing officials designated by the Commissioners are authorized to advance to such officials as may be approved by the Commissioners such amounts and for such purposes as the Commissioners may determine.
Sec. 8. Appropriations in this Act shall not be used for or in connection with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Utilities Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Utilities Commission.
Sec. 9. Appropriations in this Act shall not be available for the payment of rates for electric current for street lighting in excess of 2 cents per kilowatt-hour for current consumed.
Sec. 10. All motor-propelled passenger-carrying vehicles (including watercraft) owned by the District of Columbia shall be operated and utilized in conformity with section 16 of the Act of August 2,

60 Stat. 810.

1946 (5 U.S.C. 77, 78), and shall be under the direction and control of the Commissioners, who may from time to time alter or change the assignment for use thereof, or direct the alteration of interchangeable use of any of the same by officers and employees of the District, except as otherwise provided in this Act. “Official purposes” shall not apply to the Commissioners of the District of Columbia or in cases of officers and employees the character of whose duties makes such transportation necessary, but only as to such latter cases when the same is approved by the Commissioners.
Sec. 11. Appropriations contained in this Act for Highways and Traffic, and Sanitary Engineering shall be available for snow and ice control work when ordered by the Commissioners in writing.
Sec. 12. Appropriations in this Act shall be available when authorized by the Commissioners, for the rental of quarters without reference to section 6 of the District of Columbia Appropriation Act, 1945.
Sec. 13.

58 Stat. 532.

D.C. Code 1–243.

Uniforms.

Appropriations in this Act shall be available for the furnishing of uniforms when authorized by the Commissioners.
Sec. 14. There are hereby appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments which have been entered against the government of the District of Columbia, including refunds authorized by section 10 of the Act approved April 23, 1924 (43 Stat.

D.C. Code 47–1910.

108): Provided, That nothing contained in this section shall be construed as modifying or affecting the provisions of paragraph 3, subsection (c) of section 11 of title XII of the District of Columbia

70 Stat. 78.

D.C. Code 47–1586j.

Income and Franchise Tax Act of 1947, as amended.
76 Stat. 1155
Sec. 15. Except as otherwise provided herein, limitations and legislative provisions contained in the District of Columbia Appropriation Act, 1961, shall be continued for the fiscal year 1963: Provided, That

74 Stat. 17.

 the limitation for “Construction Services, Department of Buildings and Grounds” contained in the District of Columbia Appropriation Act, 1961, shall be increased from 6 to 7 per centum of appropriations

74 Stat. 23.

 for construction projects.
Sec. 16.

–The salary of the Controller for the Department of Public Welfare shall be at the rate of Grade GS–16 and the Commissioners are authorized to appoint supervisors of investigators for the Department of Public Welfare at Grade GS–11 and investigators at Grade GS–9.

This Act may be cited as the “District of Columbia Appropriation

Short title.

Act. 1963”.
Approved October 23, 1962.
Public Law 87–868: To assist States and communities to carry out intensive vaccination programs designed to protect their populations, particularly all preschool children, against poliomyelitis, diphtheria, whooping cough, and tetanus. Public Law 868 Public Law 87–868 76 Stat. 1155 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–868
AN ACT To assist States and communities to carry out intensive vaccination programs designed to protect their populations, particularly all preschool children, against poliomyelitis, diphtheria, whooping cough, and tetanus.

October 23, 1962

[H. R. 10541]

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

Vaccination Assistance Act of 1962.
That this Act may be cited as the “Vaccination Assistance Act of 1962”.
Sec. 2. Part B of title III of the Public Health Service Act is amended by adding after section 316 the following new section:

58 Stat. 693;

75 Stat. 824.

42 USC 243–247a.
“grants for intensive vaccination programs “Sec. 317. (a) There are hereby authorized to be appropriated $14,000,000 for the fiscal year ending June 30, 1963, and $11,000,000 each for the fiscal years ending June 30, 1964, and June 30, 1965, to enable the Surgeon General to make grants to States and, with the approval of the State health authority, to political subdivisions or instrumentalities of the States under this section. Amounts appropriated pursuant to this section for the fiscal years ending June 30, 1963, and June 30, 1964, shall be available for making such grants during the fiscal year for which appropriated and the succeeding fiscal year. Such grants may be used to pay that portion of the cost of intensive community vaccination programs against poliomyelitis, diphtheria, whooping cough, and tetanus which is reasonably attributable to (1) purchase of vaccines needed to protect children under the age of five years and such additional groups of children as may be described in regulations of the Surgeon General upon his finding that they are not normally served by school vaccination programs and (2) salaries and related expenses of additional State and local health personnel needed for planning, organizational, and promotional activities in connection with such programs, including studies to determine the immunization needs of communities and the means of best meeting such needs, and personnel and related expenses needed to maintain additional epidemiologic and laboratory surveillance occasioned by such programs. “(b) For purposes of this section an ‘intensive community vaccination

“Intensive community vaccination program.”

 program’ means a program of limited duration which is so designed and conducted as to achieve, with the cooperation of practicing physicians, official health agencies, voluntary organizations, and volunteers, the immunization against poliomyelitis, diphtheria, whooping 76 Stat. 1156cough, and tetanus over the period of the program of all, or practically all, susceptible persons in a community, particularly children who are under the age of five years, and which includes plans and measures looking toward the strengthening of ongoing community programs for the immunization against such diseases of infants and for maintenance of immunity in the remainder of the population. Nothing in this section shall be construed to require any State or any political subdivision or instrumentality of a State to have an intensive community vaccination program which would require any person who objects to immunization to be immunized or to have any child or ward of his immunized. “(c)

Method of payment.

 (1) Payments under this section may be made in advance or by way of reimbursement, in such installments, and on such terms and conditions as the Surgeon General finds necessary to carry out the purposes of this section, and the Surgeon General may, if the applicant State or other political subdivision or instrumentality so requests, purchase and furnish vaccines in lieu of making money grants for the purchase thereof. “(2)

Vaccines to private physicians.

 Each applicant under this section for a money grant for the purchase of vaccines, or for a grant of vaccines in lieu of a money grant, for use in connection with an intensive community vaccination program shall, at the time it files its application with the Surgeon general, provide the Surgeon General with assurances satisfactory to him that it will, if it receives such a grant, furnish any physician, who practices in the area in which such program is to be carried out and makes application therefor to it, with such amounts of vaccines as are reasonably necessary in order to permit such physician during the period of such program to immunize his patients who are in the group for whose immunization such grant of money or vaccines is made. “(3) Each applicant for a grant under this section for use in connection with an intensive community vaccination program shall, at the time it files its application for such grant with the Surgeon General, provide the Surgeon General with assurances satisfactory to him that it will, if it receives such grant, furnish such other services and materials as may be necessary to carry out such program. “(d)

Reduction of grant.

 The Surgeon General, at the request of a State or other public agency, may reduce the grant to such agency under this section by the amount of the pay, allowances, traveling expenses, and any other costs in connection with the detail of an officer or employee of the Public Health Service to such agency when such detail is made for the convenience of and at the request of such agency and for the purpose of carrying out a function for which a grant is made under this section. The amount by which such grant is so reduced shall be available for payment of such costs by the Surgeon General, but shall, for purposes of subsection (c), be deemed to have been paid to such agency. “(e) Nothing in this section shall limit or otherwise restrict the use of funds which are granted to

42 USC 701–731; 29 USC 45b.

a State or to a political subdivision of a State under title V of the Social Security Act, other provisions of this Act, or other Federal law and which are available for the purchase of vaccine or for organizing, promoting, conducting, or participating in immunization programs, from being used for such purposes in connection with programs assisted through grants under this section.”
Approved October 23, 1962.
Public Law 87–869: To facilitate the work of the Forest Service, and for other purposes. Public Law 869 Public Law 87–869 76 Stat. 1157 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1157 Public Law 87–869
AN ACT To facilitate the work of the Forest Service, and for other purposes.

October 23, 1962

[H. R. 12434]

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

Forest Service.

Administration of lands.
That where lands under the jurisdiction of the Forest Service have been acquired and are being administered under laws which contain no provision for their exchange, the Secretary of Agriculture may convey such lands and in exchange therefor may accept on behalf of the United States title to any lands which in his opinion are suitable for use in connection with activities of the Forest Service. The value of the lands so conveyed by the Secretary of Agriculture shall not exceed the value of the lands accepted by him.
Sec. 2. The Act of July 8, 1943 ( 57 Stat. 388), as amended (5 U.S.C. 567), is further amended by striking out the words “within

66 Stat. 11.

 twenty years”.
Sec. 3. Not to exceed $35,000 annually of funds available to the

Recreation facilities.

 Forest Service may be expended for providing recreation facilities, equipment, and services for use by employees of the Service located at isolated situations and, where deemed to be in the public interest, by members of the immediate families of such employees.
Sec. 4. The Act of June 11, 1906 ( 34 Stat. 233), as amended and

Repeal.

 supplemented (16 U.S.C. 506–508, 509), is hereby repealed.
Sec. 5. The provision of the Act of August 10, 1912 (37 Stat. 269, 287; 16 U.S.C. 489), which reads, “That the Secretary of Agriculture, under such rules and regulations as he shall establish, is hereby authorized and directed to sell at actual cost, to homestead settlers and farmers, for their domestic use, the mature, dead, and down timber in national forests, but it is not the intent of this provision to restrict the authority of the Secretary of Agriculture to permit the free use of timber as provided in the Act of .June fourth, eighteen hundred and ninety-seven” is repealed.
Sec. 6. The Act of June 4, 1897 (30 Stat. 11, 35; 16 U.S.C. 551) i? amended by deleting from the second full paragraph on page 35 the portion thereof reading “as is provided for in the Act of June fourth, eighteen hundred and eighty-eight, amending section fifty-three hundred and eighty-eight of the Revised Statutes of the United States” and inserting in lieu thereof “by a fine of not more than $500 or imprisonment for not more than six months, or both”.
Sec. 7. Section 32(f) of the Act of July 22, 1937 (50 Stat. 526; 7 U.S.C. 1011(f) ) is amended to make the last sentence thereof read as follows: “Any violation of such rules and regulations shall be punished by a fine of not more than $500 or imprisonment for not more than six months, or both”.
Sec. 8. Section 2 of the Act of May 27, 1930 (46 Stat. 387; 16 U.S.C. 574) is amended by changing the amount in the proviso from $500 to $2,500.
Sec. 9. Funds available to the Forest Service shall be available for expenses of, or payment of assessment for, construction of sidewalks, curbs, or street paving along the boundary of Government-owned residential or otherwise improved lots.
Sec. 10. Section 13 of the Department of Agriculture Organic Act of 1956 (70 Stat . 1034; 16 U.S.C. 579b) is hereby amended by deleting from the second sentence thereof the comma after the word “assets” and the words “but such capitalization shall not exceed $25,000,000.”
Approved October 23, 1962.
Public Law 87–870: Relating to the income tax treatment of terminal railroad corporations and their shareholders, and for other purposes. Public Law 870 Public Law 87–870 76 Stat. 1158 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1158 Public Law 87–870
AN ACT Relating to the income tax treatment of terminal railroad corporations and their shareholders, and for other purposes.

October 23, 1962

[H. R. 12599]

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

Terminal railroad corporations.

Income tax.

68A Stat. 17.

26 USC 61 et seq.
That (a) subchapter B of chapter 1 of the Internal Revenue Code of 1954 (relating to computation of taxable income) is amended by adding at the end thereof the following new part: “PART X—TERMINAL RAILROAD CORPORATIONS AND THEIR SHAREHOLDERS “Sec. 281.
“SEC. 281. TERMINAL RAILROAD CORPORATIONS AND THEIR SHAREHOLDERS. “(a) Computation of Taxable Income of Terminal Railroad Corporations.— “(1) In general.— In computing the taxable income of a terminal railroad corporation— “(A) such corporation shall not be considered to have received or accrued— “(i) the portion of any liability of any railroad corporation, with respect to related terminal services provided by such corporation, which is discharged by crediting such liability with an amount of related terminal income, or “(ii) the portion of any charge which would be made by such corporation for related terminal services provided by it, out which is not made as a result of taking related terminal income into account in computing such charge; and “(B) no deduction otherwise allowable under this chapter shall lie disallowed as a result of any discharge of liability described in subparagraph (A) (i) or as a result of any computation of charges in the manner described in subparagraph “(2) Limitation.—In the case of any taxable year ending after the date of the enactment of this section, paragraph (1) shall not apply to the extent that it would (but for this paragraph) operate to create (or increase) a net operating loss for the terminal railroad corporation for the taxable year. “(b) Computation of Taxable Income of Shareholders.—Subject to the limitation in subsection (a) (2), in computing the taxable income of any shareholder of a terminal railroad corporation, no amount shall be considered to have been received or accrued or paid or incurred by such shareholder as a result of any discharge of liability described in subsection (a)(1)(A)(i) or as a result of any computation of charges in the manner described in subsection (a)(1)(A)(ii). “(c) Agreement Required.—In the case of any taxable year, subsections (a) and (b) shall apply with respect to any discharge of liability described in subsection (a) (1) (A) (i),and to any computation of charges in the manner described in subsection (a) (1) (A) (ii), only if such discharge or computation (as the case may be) was provided for in a written agreement, to which all of the shareholders of the terminal railroad corporation were parties, entered into before the beginning of such taxable year. 76 Stat. 1159 “(d) Definitions.—For purposes of this section— “(1) Terminal railroad corporation.— The term ‘terminal railroad corporation’means a domestic railroad corporation which is not a member, other than as a common parent corporation, of an affiliated group (as defined in section 1504) and—

68A Stat. 369.

26 USC 1304.

 “(A) all of the shareholders of which are domestic railroad corporations subject to part I of the Interstate Commerce Act;

24 Stat. 379.

49 USC 27.

 “(B) the primary business of which is the providing of railroad terminal and switching facilities and services to domestic railroad corporations subject to part I of the Inter-state Commerce Act and to the shippers and passengers of such railroad corporations; “(C) a substantial part of the services of which for the taxable year is rendered to one or more of its shareholders; and “(D) each shareholder of which computes its taxable income on the basis of a taxable year beginning or ending on the same day that the taxable year of the terminal railroad corporation begins or ends. “(2) Related terminal income.— The term ‘related terminal income’ means the income (determined in accordance with regulations prescribed by the Secretary or his delegate) of a terminal railroad corporation derived— “(A) from services or facilities of a character ordinarily and regularly provided by terminal railroad corporations for railroad corporations or for the employees, passengers, or shippers of railroad corporations; “(B) from the use by persons other than railroad corporations of portions of a facility, or a service, which is used primarily for railroad purposes; “(C) from any railroad corporation for services or facilities provided by such terminal railroad corporation in connection with railroad operations; and “(D) from the United States in payment for facilities or services in connection with mail handling. For purposes of subparagraph (B), a substantial addition, constructed after the date of the enactment of this section, to a facility shall be treated as a separate facility. “(3) Related terminal services.—The term ‘related terminal services’ includes only services, and the use of facilities, taken into account in computing related terminal income. “(e) Application to Taxable Years Ending Before the Date of Enactment.—In the case of any taxable year ending before the date of the enactment of this section— “(1) this section shall apply only to the extent that the taxpayer computed on its return, filed at or prior to the time (including extensions thereof) that the return for such taxable year was required to be filed, its taxable income in the manner described in subsection (a) in the case of a terminal railroad corporation, or in the manner described in subsection (b) in the case of a shareholder of a terminal railroad corporation; and “(2) this section shall apply to a taxable year for which the assessment of any deficiency, or for which refund or credit of any overpayment, whichever is applicable, was prevented, on the date of the enactment of this section, by the operation of any law or rule of law (other than section 3760 of the Internal Revenue

53 Stat. 462.

68A Stat. 849.

26 USC 7121.

 Code of 1939 or section 7121 of this title, relating to closing agree-76 Stat. 1160

53 Stat. 462.

ments, and section 3761 of the Internal Revenue Code of 1939 or

68A Stat. 849.

26 USC 7122.

section 7122 of this title, relating to compromises), only— “(A) to the extent any overpayment of income tax would result from the recomputation of the taxable income of a terminal railroad corporation in the manner described in subsection (a), “(B) if claim for credit or refund of such overpayment, based upon such recomputation, is filed prior to one year after the date of the enactment of this section, “(C) to the extent that paragraph (1) applies, and “(D) if each shareholder of such terminal railroad corporation consents in writing to the assessment, within such period as may be agreed upon with the Secretary or his delegate, of any deficiency for any year to the extent attributable to the recomputation of its taxable income in the manner described in subsection (b) correlative to its allocable share of the adjustment of taxable income made by the terminal railroad corporation in its recomputation under subparagraph (A). “(f) Regulations.—The Secretary or his delegate shall prescribe such regulations as may be necessary to carry out the purposes of this section.”
(b) The table of parts for subchapter B of chapter 1 of such Code is amended by adding at the end thereof the following: “Part X.
Sec. 2.

Effective date.

 (a) The amendments made by the first section of this Act shall apply with respect to taxable years beginning after December 31, 1953, and ending after August 16, 1954. (b)

Internal Revenue Code of 1939.

Effect of provisions.

 Provisions having the same effect as section 281 of the Internal Revenue Code of 1954 (as added by the first section of this Act) shall lie deemed to be included in the Internal Revenue Code of 1939, effective with respect to all taxable years to which such Code applies.
Sec. 3.

68A Stat. 895.

26 USC 7501 et seq.

 (a) (1) Chapter 77 of the Internal Revenue Code of 1954 (relating to miscellaneous provisions) is amended by adding at the end thereof the following new sections:
“SEC. 7515. SPECIAL STATISTICAL STUDIES AND COMPILATIONS AND OTHER SERVICES ON REQUEST.“The Secretary or his delegate is authorized within his discretion, upon written request, to make special statistical studies and compilations involving data from any returns, declarations, statements, or other documents required by this title or by regulations or from any records established or maintained in connection with the administration and enforcement of this title, to engage in any such special study or compilation jointly with the party or parties requesting it, and to furnish transcripts of any such special study or compilation, upon the payment, by the party or parties making the request, of the cost of the work or services performed for such party or parties.
“SEC. 7516. SUPPLYING TRAINING AND TRAINING AIDS ON REQUEST.“The Secretary or his delegate is authorized within his discretion, upon written request, to admit employees and officials of any State, the Commonwealth of Puerto Rico, any possession of the United States, any political subdivision or instrumentality of any of the foregoing, the District of Columbia, or any foreign government to training courses conducted by the Internal Revenue Service, and to supply them with texts and other training aids. The Secretary or his delegate may require payment from the party or parties making the request of a reasonable fee not to exceed the cost of the training and training aids supplied pursuant to such request.”
76 Stat. 1161 (2)

The table of sections for chapter 77 is amended by adding at the end thereof the following new items:

“Sec. 7515. “Sec. 7516. (b) Section 7809 of the Internal Revenue Code of 1954 (relating to deposit of collections) is amended— (1) by striking out “subsection (b),” in subsection (a) and inserting in lieu thereof “subsections (b) and (c) and in”, and (2) by adding at the end thereof the following new subsection: “(c) Deposit of Certain Receipts.—Moneys received in payment for— “(1) Work or services performed pursuant to section 7515

Ante, p. 1160.

 (relating to special statistical studies and compilations and other services on request); “(2) work or services performed (including materials sup-plied) pursuant to section 7516 (relating to the supplying of

Ante, p. 1160.

 training and training aids on request ); and “(3) other work or services performed for a State or a department or agency of the Federal Government (subject to all pro-visions of law and regulations governing disclosure of information) in supplying copies of, or data from, returns, statements, or other documents filed under authority of this title or records maintained in connection with the administration and enforcement of this title, shall be deposited in a separate account which may be used to reimburse appropriations which bore all or part of the costs of such work or services, or to refund excess sums when necessary.”
Sec. 4. Section 6512(b)(2) of the Internal Revenue Code of 1954

68A Stat. 811.

26 USC 6512.

 (relating to limit on amount of credit or refund of overpayment determined by the Tax Court) is amended by striking out “or” at the end of subparagraph (A); by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “, or”; and by adding after subparagraph (B) the following new’ subparagraph: “(C) within the period which would be applicable under section 6511 (b) (2), (c), or (d), in respect of any claim for

26 USC 6511.

 refund filed within the applicable period specified in section 6511 and before the date of the mailing of the notice of deficiency— “(i) which had not been disallowed before that date, “(ii) which had been disallowed before that date and in respect of which a timely suit for refund could have been commenced as of that date, or “(iii) in respect of which a suit for refund had been commenced before that date and within the period specified in section 6532.”
Sec. 5. (a) Section 7701(a) of the Internal Revenue Code of 1954

Ante, p. 988;

26 USC 7701.

 is amended by adding after paragraph (31) the following new paragraph: “(32) Cooperative bank.— The term ‘cooperative bank’ means an institution without capital stock organized and operated for mutual purposes and without profit, which— “(A) either— “(i) is an insured institution within the meaning of section 401(a) of the National Housing Act (12 U.S.C., sec. 1724(a) ), or

48 Stat. 1255.

 “(ii) is subject by law to supervision and examination by State or Federal authority having supervision over such institutions, and 76 Stat. 1162 “(B)

Ante, p. 983.

 meets the requirements of subparagraphs (B), (C), (D), (E), and (F) of paragraph (19) of this subsection (relating to definition of domestic building and loan association) determined with the application of the second, third, and fourth sentences of paragraph (19). In determining whether an institution meets the requirements referred to in subparagraph (B) of this paragraph, any reference to an association or to a domestic building and loan association contained in paragraph (19) shall be deemed to be a reference to such institution. In the case of an institution which, for the taxable year, is a cooperative bank within the meaning of the first sentence of this paragraph by reason of the application of the second and third sentences of paragraph (19) of this sub-

68A Stat. 50.

26 USC 166.

section, the deduction otherwise allowable under section 166(c) for a reasonable addition to the reserve for bad debts shall, under regulations prescribed by the Secretary or his delegate, be reduced in a manner consistent with the reductions provided by the table

Ante, p. 979.

contained in section 593(b)(5).” (b)

Effective date.

 The amendment made by subsection (a) of this section shall apply with respect to taxable years beginning after the date of the enactment of the Revenue Act of 1962.
Approved October 23, 1962.
Public Law 87–871: For the relief of civilian employees of the New York Naval Shipyard and the San Francisco Naval Shipyard erroneously in receipt of certain wages due to a misinterpretation of a Navy civilian personnel Instruction. Public Law 871 Public Law 87–871 76 Stat. 1162 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–871
AN ACT For the relief of civilian employees of the New York Naval Shipyard and the San Francisco Naval Shipyard erroneously in receipt of certain wages due to a misinterpretation of a Navy civilian personnel Instruction.

October 23, 1962

[H. R. 10002]

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

Naval shipyards, New York and San Francisco.

Relief of certain civilian employees.
That civilian employees and former civilian employees of the New York Naval Shipyard and the San Francisco Naval Shipyard are relieved of all liability to refund to the United States the amounts, which were otherwise correct, and which occurred without fault on their part, erroneously received by them after June 1, 1960, and before March 1, 1962, caused by a premature within-grade advancement based upon a misinterpretation of Navy Civilian Personnel Instruction 552 entitled “Salary and Wage Changes”. Any employee or former employee who has at any time made repayment to the United States of any amount paid to him as a result of this misinterpretation is entitled to have refunded to him the amount repaid provided application is made within one year.
Sec. 2. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States full credit shall be given for the amount for which liability is relieved by this Act.
Sec. 3. Appropriations available for the pay of civilian personnel of the Navy are available for refunds under this Act.
Approved October 23, 1962.
Public Law 87–872: Making appropriations for Foreign Aid and related agencies for the fiscal year ending June 30, 1963, and for other purposes. Public Law 872 Public Law 87–872 76 Stat. 1163 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1163 Public Law 87–872
AN ACT Making appropriations for Foreign Aid and related agencies for the fiscal year ending June 30, 1963, and for other purposes.

October 23, 1962

[H. R. 13175]

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

Foreign Aid and Related Agencies Appropriation Act, 1963.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1963, namely:
<num value="I">TITLE I—</num><heading class="inline">FOREIGN AID (MUTUAL SECURITY)</heading> <appropriations level="intermediate"><heading>Funds Appropriated to the President</heading> <content class="firstIndent1 fontsize10">For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, as amended, to remain<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/424">75 Stat. 424</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2151">22 USC 2151 note</ref>.</p></sidenote> available until June 30, 1963, unless otherwise specified herein, as follows: </content> </appropriations> <appropriations level="small"><heading>economic assistance</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">Development grants: For expenses authorized by section 212,<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 256.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2172">22 USC 2172</ref>.</p></sidenote> $225,000,000.</p> <p class="firstIndent1 fontsize10">American hospitals abroad (special foreign currency program): For assistance authorized by section 214(b) for hospital construction,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2174">22 USC 2174</ref>.</p></sidenote> $2,800,000, to be used to purchase foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States.</p> <p class="firstIndent1 fontsize10">Investment guaranties: For expenses authorized by section 222(f),<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 257.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2182">22 USC 2182</ref>.</p></sidenote> $30,000,000, to remain available until expended.</p> <p class="firstIndent1 fontsize10">International organizations and programs: For expenses authorized by section 302, $148,900,000: <proviso><i>Provided</i>, That no part of any other<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 259.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2222">22 USC 2222</ref>.</p></sidenote> appropriation contained in this Act, except funds appropriated under tins Act for the contingency fund (not to exceed $10,000,000), may be used to augment funds or programs contained in this paragraph and no funds shall be transferred from funds appropriated under any other paragraph of title I of this Act to the contingency fund for the purpose of augmenting funds or programs contained in this paragraph.</proviso></p> <p class="firstIndent1 fontsize10">Supporting assistance: For expenses authorized by section 402, $395,000,000.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 259.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2242">22 USC 2242</ref>.</p></sidenote></p> <p class="firstIndent1 fontsize10">Contingency fund: For expenses authorized by section 451(a), <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 259.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2261">22 USC 2261</ref>.</p></sidenote>$250,000,000.</p> <p class="firstIndent1 fontsize10">Alliance for Progress, development loans: For assistance authorized by section 252, $425,000,000, to remain available until expended.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 258.</p></sidenote></p> <p class="firstIndent1 fontsize10">Alliance for Progress, development grants: For expenses authorized by section 252, $100,000,000.</p> <p class="firstIndent1 fontsize10">Development loans: For expenses authorized by section 202(a),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2162">22 USC 2162</ref>.</p></sidenote> $975,000,000, to remain available until expended.</p> <p class="firstIndent1 fontsize10">Administrative expenses: For expenses authorized by section 637 (a), $49,500,000.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 262;</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2397">22 USC 2397</ref>.</p></sidenote></p> <p class="firstIndent1 fontsize10">Administrative and other expenses: For expenses authorized by section 637(b) of the Foreign Assistance Act of 1961, as amended, and by section 305 of the Mutual Defense Assistance Control Act of 1951, as amended, $2,700,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/463">75 Stat. 463</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1613d">22 USC 1613d</ref>.</p></sidenote></p> </content> </appropriations> <page identifier="/us/stat/76/1164">76 <inline class="smallCaps">Stat</inline>. 1164</page> <appropriations level="small"><heading>military assistance</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2312">22 USC 2312</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2396">22 USC 2396</ref>.</p></sidenote>Military assistance: For expenses authorized by section 504(a) of the Foreign Assistance Act of 1961, as amended, including administrative expenses authorized by section 636(g) (1) of such Act, which shall not exceed $24,500j000 for the current fiscal year, and purchase of passenger motor vehicles for replacement only for use outside the United States, $1,325,000,000: <proviso><i>Provided</i>, That none of the funds contained in this paragraph shall be available for the purchase of new automotive vehicles outside of the United States.</proviso></p> <p class="firstIndent1 fontsize10">Unobligated balances as of June 30, 1962, of funds heretofore made <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2251">22 USC 2251 note</ref>.</p></sidenote>available under the authority of the Foreign Assistance Act of 1961, as amended, are, except as otherwise provided by law, hereby continued available for the fiscal year 1963 for the same general purposes for which appropriated and amounts certified pursuant to section 1311 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/830">68 Stat. 830</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s200">31 USC 200</ref>.</p></sidenote>of the Supplemental Appropriation Act, 1955, as having been obligated against appropriations heretofore made under the authority <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1751">22 USC 1751 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2151">22 USC 2151 note</ref>.</p></sidenote>of the Mutual Security Act of 1954, as amended, and the Foreign Assistance Act of 1961, as amended, for the same general purpose as any of the subparagraphs under “Economic Assistance”, are hereby continued available for the same period as the respective appropriations in such subparagraphs for the same general purpose: <proviso><i>Provided</i>,That <sidenote><p class="firstIndent1 fontsize8">Notification of congressional committees.</p></sidenote>such purpose relates to a project previously justified to Congress and the Committees on Appropriations of the House of Representatives and the Senate are notified prior to the reobligation of funds for such projects and no objection is entered by either Committee within 60 days of such notification.</proviso></p> </content> </appropriations> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">general provisions</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num><sidenote><p class="firstIndent1 fontsize8">Flood control and reclamation programs, etc.</p></sidenote><content class="inline">None of the funds herein appropriated (other than funds appropriated under the authorization for “International organizations and programs”) shall be used to finance the construction of any new flood control, reclamation, or other water or related land resource project or program which has not met the standards and criteria used in determining the feasibility of flood control, reclamation and other water and related land resource programs and projects proposed for construction within the United States of America as per memorandum of the President dated May 15, 1962.</content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><sidenote><p class="firstIndent1 fontsize8">Engineering and architectural fees.</p><p class="firstIndent1 fontsize8">Reports to Congress.</p></sidenote><content class="inline">Obligations made from funds herein appropriated for engineering and architectural fees and services to any individual or group of engineering and architectural firms on any one project in excess of $25,000 shall be reported to the Committees on Appropriations of the Senate and House of Representatives at least twice annually.</content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><sidenote><p class="firstIndent1 fontsize8">Restrictions.</p></sidenote><content class="inline">Except for the appropriations entitled “Contingency fund” and “Development loans’, not more than 20 per centum of any appropriation item made available by this title shall be obligated and/or reserved during the last month of availability.</content> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num><content class="inline">None of the funds herein appropriated nor any of the counterpart funds generated as a result of assistance hereunder or any prior Act shall be used to pay pensions, annuities, retirement pay or adjusted service compensation for any persons heretofore or hereafter serving in the armed forces of any recipient country.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num><sidenote><p class="firstIndent1 fontsize8">Seating of Communist China in UN.</p><p class="firstIndent1 fontsize8">Opposition.</p></sidenote><content class="inline">The Congress hereby reiterates its opposition to the seating in the United Nations of the Communist China regime as the representative of China, and it is hereby declared to be the continuing sense of the Congress that the Communist regime in China has not demonstrated its willingness to fulfill the obligations contained in the Charter of the United Nations and should not be recognized to repre-<page identifier="/us/stat/76/1165">76 <inline class="smallCaps">Stat</inline>. 1165</page> sent China in the United Nations. In the event of the seating of representatives of the Chinese Communist regime in the Security Council or General Assembly of the United Nations, the President is requested to inform the Congress insofar as is compatible with the requirements of national security, of the implications of this action upon the foreign policy of the United States and our foreign relationships, including that created by membership in the United Nations, together with any recommendations which he may have with respect to the matter.</content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num><content class="inline">It is the sense of Congress that any attempt by foreign<sidenote><p class="firstIndent1 fontsize8">Distinctions because of race or religion.</p></sidenote> nations to create distinctions because of their race or religion among American citizens in the granting of personal or commercial access or any other rights otherwise available to United States citizens generally is repugnant to our principles; and in all negotiations between the United States and any foreign state arising as a result of funds appropriated under this title these principles shall lie applied as the President may determine.</content> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <subsection class="inline"> <num value="a">(a) </num> <content>No assistance shall be furnished to any country which<sidenote><p class="firstIndent1 fontsize8">Cuba.</p><p class="firstIndent1 fontsize8">Restrictions on assistance to certain countries.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2151">22 USC 2151 note</ref>.</p></sidenote> sells, furnishes, or permits any ships under its registry to carry to Cuba, so long as it is governed by the Castro regime, under the Foreign Assistance Act of 1961, as amended, any arms, ammunition, implements of war, atomic energy materials, or any articles, materials, or supplies, such as petroleum, transportation materials of strategic value, and items of primary strategic significance used in the production of arms, ammunition, and implements of war, contained on the list maintained by the Administrator pursuant to title 1 of the Mutual Defense Assistance Control Act of 1951, as amended.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/65/645">65 Stat. 645</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1611">22 USC 1611 note</ref>.</p><p class="firstIndent1 fontsize8">Presidential determinations.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>No economic assistance shall be furnished to any country which sells, furnishes, or permits any ships under its registry to carry items of economic assistance to Cuba so long as it is governed by the Castro regime, under the Foreign Assistance Act of 1961, as amended, unless the President determines that the withholding of such assistance would<sidenote><p class="firstIndent1 fontsize8">Reports to Congress.</p></sidenote> be contrary to the national interest and reports such determination to the Foreign Relations and Appropriations Committees of the Senate and the Foreign Affairs and Appropriations Committees of the House of Representatives. Reports made pursuant to this subsection shall<sidenote><p class="firstIndent1 fontsize8">Publication in F. R.</p></sidenote> be published in the Federal Register within seven days of submission to the committees and shall contain a statement by the President of the reasons for such determination.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num><content class="inline">Any obligation made from funds provided in this title<sidenote><p class="firstIndent1 fontsize8">Procurement outside U.S.</p><p class="firstIndent1 fontsize8">Reports to Congress.</p></sidenote> for procurement outside the United States of any commodity in bulk and in excess of $100,000 shall be reported to the Committees on Appropriations of the Senate and the House of Representatives at least twice annually: <proviso><i>Provided</i>, That each such report shall state the reasons for which the President determined, pursuant to criteria set forth in section 604(a) of the Foreign Assistance Act of 1961, as<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2354">22 USC 2354</ref>.</p></sidenote> amended, that foreign procurement will not adversely affect the economy of the United States.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num> <subsection class="inline"> <num value="a">(a) </num> <content>No assistance shall lie furnished to any nation, whose<sidenote><p class="firstIndent1 fontsize8">Communist nations.</p><p class="firstIndent1 fontsize8">Restriction on military assistance.</p></sidenote> government is based upon that theory of government known as Communism under the Foreign Assistance Act of 1961, as amended, for any arms, ammunition, implements of war, atomic energy materials, or any articles, materials, or supplies, such as petroleum, transportation materials of strategic value, and items of primary strategic significance used in the production of arms, ammunition, and implements of war, contained on the list maintained by the Administrator pursuant to title I of the Mutual Defense Assistance Control Act of 1951, as amended.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1611">22 USC 1611 note</ref>.</p><p class="firstIndent1 fontsize8">Restriction on economic assistance.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>No economic assistance shall be furnished to any nation whose government is based upon that theory of government known as Com-<page identifier="/us/stat/76/1166">76 <inline class="smallCaps">Stat</inline>. 1166</page> munism under the Foreign Assistance Act of 1961, as amended (except <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2174">22 USC 2174</ref>.</p></sidenote>section 214(b) ), unless the President determines that the withholding of such assistance would be contrary to the national interest and reports such determination to the Foreign Affairs and Appropriations Committees of the House of Representatives and Foreign Relations and Appropriations Committees of the Senate. Reports made pursuant to this subsection shall be published in the Federal Register within seven days of submission to the committees and shall contain a statement by the President of the reasons for such determination.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num><sidenote><p class="firstIndent1 fontsize8">Procurement contracts.</p><p class="firstIndent1 fontsize8">Termination clause.</p></sidenote><content class="inline">None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States</content> </section> <section class="firstIndent1 fontsize10"> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num><sidenote><p class="firstIndent1 fontsize8">U.S. citizens.</p><p class="firstIndent1 fontsize8">Security clearances.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2151">22 USC 2151 note</ref>.</p></sidenote><content class="inline">None of the funds appropriated or made available under this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to make payments with respect to any contract for the performance of services outside the United States by United States citizens where such citizens have not been investigated for loyalty and security in the same manner and to the same extent as would apply if they were regularly employed by the United States.</content> </section> <section class="firstIndent1 fontsize10"> <num value="112"><inline class="smallCaps">Sec</inline>. 112. </num><sidenote><p class="firstIndent1 fontsize8">Approval of contracts.</p></sidenote><content class="inline">None of the funds appropriated or made available under this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to make payments with respect to any capital project financed by loans or grants from the United States where the United States has not directly approved the terms of the contracts and the firms to provide engineering, procurement, and construction services on such project.</content> </section> <section class="firstIndent1 fontsize10"> <num value="113"><inline class="smallCaps">Sec</inline>. 113. </num><content class="inline">Of the funds appropriated or made available pursuant to this Act not more than $6,000,000 may be used during the fiscal year ending June 30, 1963, in carrying out section 241 of the Foreign <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2201">22 USC 2201</ref>.</p></sidenote>Assistance Act of 1961, as amended.</content> </section> <section class="firstIndent1 fontsize10"> <num value="114"><inline class="smallCaps">Sec</inline>. 114. </num><sidenote><p class="firstIndent1 fontsize8">U.N. dues.</p></sidenote><content class="inline">None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to pay in whole or in part any assessments, arrearages or dues of any member of the United Nations.</content> </section> <section class="firstIndent1 fontsize10"> <num value="115"><inline class="smallCaps">Sec</inline>. 115. </num><sidenote><p class="firstIndent1 fontsize8">Foreign currencies.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1704">7 USC 1704</ref>.</p></sidenote><content class="inline">Foreign currencies not to exceed $200,000, made available for loans pursuant to section 104(e) of the Agricultural Trade Development and Assistance Act of 1954, as amended, shall be available during the current fiscal year for expenses incurred incident to such loans.</content> </section> <num value="II">TITLE II—</num><heading class="inline">FOREIGN AID (OTHER)</heading> <appropriations level="intermediate"><heading>Funds Appropriated to the President</heading> <appropriations level="small"><heading>peace corps</heading> <content class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2501">22 USC 2501</ref>.</p></sidenote>For expenses necessary to enable the President to carry out the provisions of the Peace Corps Act (75 Stat. 612), including purchase of not to exceed ten passenger motor vehicles for use outside the United States, $59,000,000, of which not to exceed $15,500,000 shall be available for administration and program support costs. </content> </appropriations> </appropriations> <page identifier="/us/stat/76/1167">76 <inline class="smallCaps">Stat</inline>. 1167</page> <appropriations level="intermediate"><heading>Department of the Army—Civil Functions</heading> <heading class="smallCaps centered">Ryukyu Islands, Army</heading> <appropriations level="small"><heading>administration</heading> <content class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary to meet the responsibilities and obligations of the United States in connection with the government of the Ryukyu Islands, as authorized by the Act of July 12, 1960 (74 Stat. 461); services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), of individuals not to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> exceed ten in number; not to exceed $3,500 for contingencies for the High Commissioner, to be expended in his discretion; hire of passenger motor vehicles and aircraft; purchase of four passenger motor vehicles for replacement only; and construction, repair, and maintenance of buildings, utilities, facilities, and appurtenances; $8,900,000, of which not to exceed $1,950,000 shall be available for administrative and information expenses: <proviso><i>Provided</i>, That expenditures from this appropriation may be made outside continental United States when necessary to carry out its purposes, without regard to sections 355 and 3648,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s529">31 USC 529</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/269">70A Stat. 269</ref>.</p></sidenote> Revised Statutes, as amended, section 4774(d) of title 10, United States Code, civil service or classification laws, or provisions of law prohibiting payment of any person not a citizen of the United States:</proviso> <proviso><i>Provided further</i>, That funds appropriated hereunder may be used, insofar as practicable, and under such rules and regulations as may be prescribed by the Secretary of the Army to pay ocean transportation charges from Ùnited States ports, including territorial ports, to ports in the Ryukyus for the movement of supplies donated to, or purchased by, United States voluntary nonprofit relief agencies registered with and recommended by the Advisory Committee on Voluntary Foreign Aid or of relief packages consigned to individuals residing in such areas:</proviso> <proviso><i>Provided further</i>, That the President may transfer to any other department or agency any function or functions provided for under this appropriation, and there shall be transferred to any such department or agency without reimbursement and without regard to the appropriation from which procured, such property as the Director of the Bureau of the Budget shall determine to relate primarily to any function or functions so transferred.</proviso> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Department of Health, Education, and Welfare</heading> <appropriations level="small"><heading>assistance to refugees in the united states</heading> <content class="firstIndent1 fontsize10">For expenses necessary to carry out the provisions of the Migration and Refugee Assistance Act of 1962 (Public Law 87–510), relating<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 121.</p></sidenote> to aid to refugees within the United States, including hire of passenger motor vehicles, and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), $70,110,000: <proviso><i>Provided</i>, That this<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> appropriation shall reimburse other current applicable appropriations for activities conducted after June 30, 1962, pursuant to section 7 of the Migration and Refugee Assistance Act of 1962.</proviso> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Department of State</heading> <appropriations level="small"><heading>migration and refugee assistance</heading> <content class="firstIndent1 fontsize10">For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide assistance to refugees, as authorized by law, including contributions to the Intergovernmental Committee for European Migration and the United Nations High Commissioner for Refugees; salaries, expenses, and allowances of personnel and depend-<page identifier="/us/stat/76/1168">76 <inline class="smallCaps">Stat</inline>. 1168</page>ents as authorized by the Foreign Service Act of 1946, as amended <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 861.</p></sidenote>(22 U.S.C. 801–1158); hire of passenger motor vehicles; and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>55a); $14,947,000: <proviso><i>Provided</i>, That this appropriation shall reimburse other applicable appropriations for activities conducted after June 30, 1962, pursuant to section 7 of the Migration and Refugee Assistance <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 124.</p></sidenote>Act of 1962:</proviso> <proviso><i>Provided further</i>, That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to insure against Communist infiltration in the Western Hemisphere.</proviso> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Funds Appropriated to the President</heading> <appropriations level="small"><heading>investment in inter-american development bank</heading> <content class="firstIndent1 fontsize10">For payment of subscriptions to the Inter-American Development Bank, to remain available until expended, $60,000,000 for the third installment on paid-in capital stock. </content> </appropriations> </appropriations> <appropriations level="small"><heading>subscription to the international development association</heading> <content class="firstIndent1 fontsize10">For payment of the third installment of the subscription of the United States to the International Development Association, $61,656,-000, to remain available until expended. </content> </appropriations> <num value="III">TITLE III—</num><heading class="inline">INTERNATIONAL MONETARY FUND</heading> <appropriations level="intermediate"><heading>Funds Appropriated to the President</heading> <appropriations level="small"><heading>loans to the international monetary fund</heading> <content class="firstIndent1 fontsize10">For loans to the International Monetary Fund, as authorized <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 105.</p></sidenote>by the Act of June 19, 1962 (Public Law 87–490), $2,000,000,000, to remain available until expended. The indefinite appropriation for the payment of interest on the public debt (31 U.S.C. 711), shall lie available for the payment of charges in connection with any purchases of currencies or gold by the United States from the International Monetary Fund. </content> </appropriations> </appropriations> <num value="IV">TITLE IV—</num><heading class="inline">EXPORT-IMPORT BANK OF WASHINGTON</heading> <chapeau class="firstIndent1 fontsize10">The Export-Import Bank of Washington is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/61/584">61 Stat. 584</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote>Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation, except as hereinafter provided: </chapeau> <page identifier="/us/stat/76/1169">76 <inline class="smallCaps">Stat</inline>. 1169</page> <appropriations level="intermediate"><heading>Limitation on Operating Expenses</heading> <content class="firstIndent1 fontsize10">Not to exceed $1,295,000,000 (of which not to exceed $750,000,000 shall be for development loans) shall be authorized during the current fiscal year for other than administrative expenses. </content> </appropriations> <appropriations level="intermediate"><heading>Limitation on Administrative Expenses</heading> <content class="firstIndent1 fontsize10">Not to exceed $3,000,000 (to be computed on an accrual basis) shall be available during the current fiscal year for administrative expenses, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a) at rates not to exceed $75 per diem for individuals,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> and not to exceed $9,000 for entertainment allowances for members of the Board of Directors: <proviso><i>Provided</i>, That (1) fees or dues to international organizations of credit institutions engaged in financing foreign trade, (2) necessary expenses (including special services per-formed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Bank or in which it has an interest, including expenses of collections of pledged collateral, or the investigation or appraisal of any property in respect to which an application for a loan has been made, and (3) expenses (other than internal expenses of the Bank) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance shall be considered as non administrative expenses for the purposes hereof.</proviso> </content> </appropriations> <num value="V">TITLE V—</num><heading class="inline">MISCELLANEOUS AGENCIES</heading> <appropriations level="intermediate"><heading>Foreign Claims Settlement Commission</heading> <appropriations level="small"><heading>payment of philippine war damage claims</heading> <content class="firstIndent1 fontsize10">For the payment of the unpaid balance of awards for war damage compensation heretofore made by the Philippine War Damage Commission, as authorized by law, $73,000,000, to remain available until<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 411.</p></sidenote> expended, of which $500,000 shall be available for “Salaries and expenses”, including an additional amount of not to exceed $25,000 for expenses of travel. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>United States Information Agency</heading> <appropriations level="small"><heading>acquisition and construction of radio facilities</heading> <content class="firstIndent1 fontsize10">For an additional amount for “<quotedText>Acquisition and construction of radio facilities</quotedText>”, $1,600,000, to remain available until expended. </content> </appropriations> </appropriations> <page identifier="/us/stat/76/1170">76 <inline class="smallCaps">Stat</inline>. 1170</page> <appropriations level="intermediate"><heading>Department of State</heading> <appropriations level="small"><heading>international organizations and conferences</heading> <heading class="centered">International Conferences and Contingencies</heading> <content class="firstIndent1 fontsize10">For an additional amount for “<quotedText>International conferences and contingencies</quotedText>”, $849,000. </content> </appropriations> </appropriations> <num value="VI">TITLE VI—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num><sidenote><p class="firstIndent1 fontsize8">Publicity or propaganda.</p></sidenote><content class="inline">No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress.</content> </section> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num><sidenote><p class="firstIndent1 fontsize8">Inspector General, Foreign Assistance.</p></sidenote><content class="inline">None of the funds herein appropriated shall be used for expenses of the Inspector General, Foreign Assistance, after the expiration of the thirty-five day period which begins on the date the General Accounting Office or any committee of the Congress, or any duly authorized subcommittee thereof, charged with considering foreign assistance legislation, appropriations, or expenditures, has delivered to the office of the Inspector General, Foreign Assistance, a written request that it be furnished any document, paper, communication, audit, review, finding, recommendation, report, or other material in the custody or control, of the Inspector General, Foreign Assistance relating to any review, inspection, or audit arranged for, directed, or conducted by him, unless and until there has been furnished to the General Accounting Office or to such committee or subcommittee, as the case may be, (A) the document, paper, communication, audit, review, finding, recommendation, report, or other material so requested or (B) a certification by the President, personally, that he has for-bidden the furnishing thereof pursuant to such request and his reason for so doing.</content> </section> <section class="firstIndent1 fontsize10"> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num><sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote><content class="inline">This Act may be cited as the “<shortTitle role="act">Foreign Aid and Related Agencies Appropriation Act, 1963.</shortTitle>”</content> </section> Approved October 23, 1962.
Public Law 87–873: To increase the jurisdiction of the Municipal Court for the District of Columbia in civil actions, to change the names of the court, and for other purposes. Public Law 873 Public Law 87–873 76 Stat. 1171 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1171 Public Law 87–873
AN ACT To increase the jurisdiction of the Municipal Court for the District of Columbia in civil actions, to change the names of the court, and for other purposes.

October 23, 1962

[H. R. 12708]

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

District of Columbia Court of General Sessions.

Designation.
That the court established by the first section of the Act entitled “An Act to consolidate the Police Court of the District of Columbia and the Municipal Court of the District of Columbia, to be known as ‘the Municipal Court for the District of Columbia’, to create ‘the Municipal Court of Appeals for the District of Columbia’, and for other purposes”, approved April 1, 1942, as amended (56 Stat. 190; D.C. Code, sec. 11–751), hereafter shall be known as the “District of Columbia Court of General Sessions”. Whenever reference is made in any Act of Congress (other than this Act or the amendments made by this Act) or in any regulation to the Municipal Court for the District of Columbia, such reference shall be held to be a reference to the District of Columbia Court of General Sessions.
Sec. 2. Subsection (a) of section 4 of such Act, approved April 1,

Powers and jurisdiction.

 1942, as amended (D.C. Code, sec. 11–755 (a)), is amended to read as follows: “(a) The District of Columbia Court of General Sessions, as established by this Act, shall consist of the criminal, civil, and small claims and conciliation, and domestic relations branches. The court and each judge thereof shall have and exercise the same powers and jurisdiction as were heretofore had or exercised by the Municipal Court for the District of Columbia or the judges thereof on the day before the effective date of this amendatory subsection, and in addition the said court shall have exclusive jurisdiction of civil actions commenced after the effective date of this amendatory subsection, including such actions against executors, administrators and other fiduciaries, in which the claimed value of personal property or the debt or damages claimed, does not exceed the sum of $10,000 exclusive of interest and costs, and, in addition, shall have jurisdiction of all cross-claims and counter-claims interposed in all actions over which it has jurisdiction regard-less of the amount involved: Provided, however, That nothing herein shall deprive the United States District Court for the District of Columbia of jurisdiction over counterclaims, cross-claims, or any other claims whether or not arising out of the same transaction or occurrence and interposed in actions over which the United States District Court for the District of Columbia has jurisdiction. The District of Columbia Court of General Sessions shall also have jurisdiction over all cases properly pending in the Municipal Court for the District of Columbia on the effective date of this amendatory subsection.”
Sec. 3. Subsection (a) of section 5 of such Act approved April 1,

Transfer of actions.

56 Stat. 193.

 1942, as amended (D.C. Code, sec. 11–756(a)), is amended to read as follows: “(a) If, in any action, other than an action for equitable relief, pending on the effective date of this amendatory subsection or thereafter commenced in the United States District Court for the District of Columbia, it shall appear to the satisfaction of the court at or subsequent to any pretrial hearing but prior to trial thereof that the action 76 Stat. 1172will not justify a judgment in excess of $10,000, the court may certify such action to the District of Columbia Court of General Sessions for trial. The pleadings in such action, together with a copy of the docket entries and of any orders theretofore entered therein, shall be sent to the clerk of the said Court of General Sessions, together with any deposit for costs, and the case shall be called for trial in that court promptly thereafter; and shall thereafter be treated as though it had been riled originally in the said Court of General Sessions, except that the jurisdiction of that court shall extend to the amount claimed in such action, even though it exceed the sum of $10,000.”
Sec. 4.

Witnesses, attendance.

Subsection (c) of section 5 of such Act approved April 1, 1942, as amended (D.C. Code, sec. 11–756(c)), is amended to read as follows: “(c) The District of Columbia Court of General Sessions shall have the power to compel the attendance of witnesses by attachment and any judge thereof shall have the power in any case or proceeding whether civil or criminal to punish for disobedience of any order, or contempt committed in the presence of the court by a fine not exceeding $50 or imprisonment not exceeding thirty days. At the request of any party subpenas for attendance at a hearing or trial in the District of Columbia Court of General Sessions shall be issued by the clerk of the said court. A subpena may be served at any place within the District of Columbia, or at any place without the District of Columbia that is within one hundred miles of the place of the hearing or trial specified in the subpena. The form, issuance and manner of service of a subpena shall be as prescribed by Rule 45 of the Federal Rules of Civil Procedure.”
Sec. 5.

28 USC app..

Repeal.

 (a) Section 1114 of the Act entitled “An Act to establish a code of law for the District of Columbia”, approved March 3, 1901

31 Stat. 1367.

Witness fees.

(31 Stat. 1189; D.C. Code, sec. 11–1520), is hereoy repealed. (b) The paragraph relating to witness fees under the heading “District of Columbia” in the Act entitled “An Act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and two, and for prior years, and for other purposes”, approved July 1, 1902 (32 Stat. 552, 561; D.C. Code, sec. U–1520a), is amended by striking “cases in the police court of the District of Columbia” and inserting in lieu thereof “criminal cases in the District of Columbia Court or General Sessions”. (c) The fees and travel allowances to be paid any witness compelled by subpena to attend any branch of the District of Columbia Court of General Sessions other than the criminal branch shall be the same amount as paid a witness compelled to attend before the United States District Court for the District of Columbia.
Sec. 6.

District of Columbia Court of Appeals.

Designation.

The court established by section 6 of the Act of April 1, 1942 (56 Stat. 190; D.C. Code, sec. 11–771), hereafter shall be known as the “District of Columbia Court of Appeals”. Wherever reference is made in any Act of Congress (other than this Act) or in any regulation to the Municipal Court of Appeals for the District of Columbia, such reference shall be held to be a reference to the District of Columbia Court of Appeals.
Sec. 7.

Effective date.

This Act shall take effect on the first day of the first month which begins after the sixtieth day following the date of its enactment.
Approved October 23, 1962.
Public Law 87–874: Authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes. Public Law 874 Public Law 87–874 76 Stat. 1173 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1173 Public Law 87–874
AN ACT Authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes.

October 23, 1962

[H. R. 13273]

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

River and Harbor Act of 1962.

 <num value="I">TITLE I—</num><heading class="inline">RIVERS AND HARBORS</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num><chapeau class="inline">That the following works of improvement of rivers and harbors and other waterways for navigation, Hood control, and other purposes are hereby adopted and authorized to be prosecuted under the direction of the Secretary of the Army and supervision of the Chief of Engineers, in accordance with the plans and subject to the conditions recommended by the Chief of Engineers in the respective reports hereinafter designated: <proviso><i>Provided</i>, That the provisions of section 1 of the River and Harbor Act approved March 2, 1945 (Public Law Numbered 14, Seventy-ninth Congress, first session), shall govern<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/10">59 Stat. 10</ref>.</p></sidenote> with respect to projects authorized in this title; and the procedures therein set forth with respect to plans, proposals, or reports for works of improvement for navigation or flood control and for irrigation and purposes incidental thereto, shall apply as if herein set forth in full:</proviso></chapeau> <level> <heading class="smallCaps centered">navigation</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">Narraguagus River, Maine: House Document Numbered 530,<sidenote><p class="firstIndent1 fontsize8">Maine.</p></sidenote> Eighty-seventh Congress, at an estimated cost of $500,000;</p> <p class="firstIndent1 fontsize10">Carvers Harbor, Vinalhaven, Maine: Senate Document Numbered 118, Eighty-seventh Congress, at an estimated cost of $205,000;</p> <p class="firstIndent1 fontsize10">Searsport Harbor, Maine: House Document Numbered 500, Eighty-seventh Congress, at an estimated cost of $700,000;</p> <p class="firstIndent1 fontsize10">Portland Harbor, Maine: House Document Numbered 216, Eighty-seventh Congress, at an estimated cost of $8,340,000;</p> <p class="firstIndent1 fontsize10">Kennebunk River, Maine: House Document Numbered 459, Eighty-seventh Congress, at an estimated cost of $270,000;</p> <p class="firstIndent1 fontsize10">Portsmouth Harbor and Piscataqua River, Maine and New Hampshire:<sidenote><p class="firstIndent1 fontsize8">New Hampshire.</p></sidenote> House Document Numbered 482, Eighty-seventh Congress, at an estimated cost of $7,500,000;</p> <p class="firstIndent1 fontsize10">Gloucester Harbor, Massachusetts: House Document Numbered 341,<sidenote><p class="firstIndent1 fontsize8">Massachusetts.</p></sidenote> Eighty-seventh Congress, at an estimated cost of $1,100,000;</p> <p class="firstIndent1 fontsize10">Marblehead Harbor, Massachusetts: House Document Numbered 516, Eighty-seventh Congress, at an estimated cost of $1,752,000;</p> <p class="firstIndent1 fontsize10">Chelsea Harbor, Massachusetts: House Document Numbered 350, Eighty-seventh Congress, at an estimated cost of $2,843,000;</p> <p class="firstIndent1 fontsize10">Dorchester Bay and Neponset River. Massachusetts: Senate Document Numbered 126, Eighty-seventh Congress, at an estimated cost of $7,050,000;</p> <p class="firstIndent1 fontsize10">Plymouth Harbor, Massachusetts: Senate Document Numbered 124, Èightyseventh Congress, at an estimated cost of $1,200,000;</p> <p class="firstIndent1 fontsize10">Pawtuxet Cove, Rhode Island: House Document Numbered 236,<sidenote><p class="firstIndent1 fontsize8">Rhode Island.</p></sidenote> Eighty-seventh Congress, at an estimated cost of $210,000;</p> <p class="firstIndent1 fontsize10">Great Lakes to Hudson River Waterway, New York: River and<sidenote><p class="firstIndent1 fontsize8">New York.</p></sidenote> Harbor Committee Document Numbered 20, Seventy-third Congress, for the further partial accomplishment of the approved plan there is hereby authorized to be appropriated, in addition to sums previously authorized, $1,000,000;</p> <p class="firstIndent1 fontsize10">Little Neck Bay, New York: House Document Numbered 510, Eighty-seventh Congress, at an estimated cost of $2,185,000;</p> <page identifier="/us/stat/76/1174">76 <inline class="smallCaps">Stat</inline>. 1174</page> <p class="firstIndent1 fontsize10">Flushing Bay and Creek, New York: House Document Numbered 551, Eighty-seventh Congress, at an estimated cost of $1,695,000;</p> <p class="firstIndent1 fontsize10">Buttermilk Channel, New York: House Document Numbered 483, Eighty-seventh Congress, at an estimated cost of $2,226,000;</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">New Jersey.</p></sidenote>Newark Bay, Hackensack and Passaic Rivers, New Jersey (channels to Port Elizabeth): Modification of the existing navigation project authorized by the River and Harbor Act of 1954 (Public Law <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1248">68 Stat. 1248</ref>.</p></sidenote>780, Eighty-third Congress), House Document Numbered 252, is hereby authorized substantially in accordance with the plans being prepared by the Chief of Engineers, subject to the approval of such plans by the Secretary of the Army and the President;</p> <p class="firstIndent1 fontsize10">Raritan River, New Jersey: House Document Numbered 455, Eighty-sixth Congress, maintenance;</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Virginia.</p></sidenote>Lynnhaven Inlet, Bay, and connecting waters, Virginia: House Document Numbered 580, Eighty-seventh Congress, at an estimated cost of $1,068,000: <i>Provided</i>, That nothing in this Act shall be construed as authorizing reimbursement to local interests for the Long Creek-Broad Bay Canal Bridge;</p> <p class="firstIndent1 fontsize10">James River, Virginia: House Document Numbered 586, Eighty-seventh Congress, at an estimated cost of $39,000,000: <proviso><i>Provided</i>, That this authorization shall expire after a period of five years from the date of approval of this Act unless the Governor of Virginia has endorsed the project within that time:</proviso> <proviso><i>And provided further</i>, That <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>prior to construction, there will be submitted to the Congress a feasibility report which takes account of possible adverse effects of the project on seed oyster production;</proviso></p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">North Carolina.</p></sidenote>Rollinson Channel and channel from Hatteras Inlet to Hatteras, North Carolina: House Document Numbered 457, Eighty-seventh Congress, at an estimated cost of $652,000;</p> <p class="firstIndent1 fontsize10">Wilmington Harbor, North Carolina: Senate Document Numbered 114, Eighty-seventh Congress, at an estimated cost of $6,370,000;</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Georgia.</p></sidenote>Savannah Harbor, Georgia: Senate Document Numbered 115, Eighty-seventh Congress, at an estimated cost of $605,000;</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Florida.</p></sidenote>Canaveral Harbor, Florida: Senate Document Numbered 140, Eighty-seventh Congress, at the estimated cost of $5,076.000;</p> <p class="firstIndent1 fontsize10">Key West Harbor, Florida: Senate Document Numbered 106, Eighty-seventh Congress, at an estimated cost of $820,000;</p> <p class="firstIndent1 fontsize10">Tampa Harbor, Port Sutton and Ybor Channels, Florida: House Document Numbered 529, Eighty-seventh Congress, at an estimated cost of $997,000;</p> <p class="firstIndent1 fontsize10">Pensacola Harbor, Florida: House Document Numbered 528, Eighty-seventh Congress, at an estimated cost of $424,000;</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Alabama.</p></sidenote>Walter F. George lock and dam, Alabama: Senate Document Numbered 109, Eighty-seventh Congress, at an estimated cost of $500,000;</p> <p class="firstIndent1 fontsize10">Holt lock and dam, Alabama: The Secretary of the Army is hereby authorized and directed to cause an immediate study to be made under the direction of the Chief of Engineers with a view to providing <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>hydroelectric power generating facilities in said dam, and his report on such study shall be submitted to the Congress by the Secretary of the Army within the first period of sixty calendar days of continuous session of the Eighty-eighth Congress;</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Mississippi.</p></sidenote>Pascagoula Harbor, Mississippi: House Document Numbered 560, Eighty-seventh Congress, at an estimated cost of $4,870,000;</p> <p class="firstIndent1 fontsize10">Mississippi River, Baton Rouge to Gulf of Mexico, Louisiana: Senate Document. Numbered 36, Eighty-seventh Congress, at an estimated cost of $357,000;</p> <p class="firstIndent1 fontsize10">The project, Mississippi River, Baton Rouge to the Gulf of Mexico, barge channel through Devils Swamp, Louisiana (Baton Rouge Harbor), authorized by the River and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/635">60 Stat. 635</ref>.</p></sidenote>Harbor Act of 1946, in accord-<page identifier="/us/stat/76/1175">76 <inline class="smallCaps">Stat</inline>. 1175</page>ance with the recommendations of the Chief of Engineers in House Document Numbered 321, Eightieth Congress, as amended by the Flood Control Act of 1948, is hereby further amended to provide for<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/1179">62 Stat. 1179</ref>.</p></sidenote> the provision as required, of suitable dikes and other retaining structures at a Federal cost of $299,500, for the construction and future maintenance of the project, in order to provide additional industrial sites with water frontage which are now needed to permit the normal development and expansion of the industrial and commercial activities of the locality: <proviso><i>Provided</i>, That local interests contribute the sum of $100,500 toward the cost of the work;</proviso></p> <p class="firstIndent1 fontsize10">Bayous Terrebonne, Petit Caillou, Grand Caillou, Du Large, and connecting channels, Louisiana, and Atchafalaya River, Morgan City to Gulf of Mexico: House Document Numbered 583, Eighty-seventh Congress, at an estimated cost of $45,000;</p> <p class="firstIndent1 fontsize10">Gulf Intracoastal Waterway, Louisiana and Texas: House Document<sidenote><p class="firstIndent1 fontsize8">Louisiana and Texas.</p></sidenote> Numbered 556, Eighty-seventh Congress, at an estimated cost of $25,540,000: <proviso><i>Provided</i>, That the authority to make such modifications as in the discretion of the Chief of Engineers may be advisable, as set forth in House Document Numbered 556, Eighty-seventh Congress, shall be interpreted to apply to, but not limited to, the improvement of the existing channels at proposed channel relocation sites in lieu of such relocations;</proviso></p> <p class="firstIndent1 fontsize10">Calcasieu River salt water barrier, Louisiana: House Document Numbered 582, Eighty-seventh Congress, at an estimated cost of $3,310,000: <proviso><i>Provided</i>, That the Corps of Engineers is directed to study the question of cost sharing taking into account that measures for mitigation of damages from navigation improvements will be a Federal responsibility and enhancement effects will be shared on the basis of a 50 per centum Federal and 50 per centum non-Federal; such cost sharing is hereby authorized as determined to be feasible and justified by the Chief of Engineers and Secretary of the Army within the first period of sixty calendar days of continuous session of the Congress<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> after the date on which the report is submitted to it unless such report is disapproved by the Congress;</proviso></p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Louisiana.</p></sidenote>Mississippi River at Clarksville, Missouri: House Document Numbered 552, Eighty-seventh Congress, at an estimated cost of $103,300;</p> <p class="firstIndent1 fontsize10">Sandy Slough, Lincoln County, Missouri: House Document<sidenote><p class="firstIndent1 fontsize8">Missouri.</p></sidenote> Numbered 419, Eighty-seventh Congress, at an estimated cost of $195,000;</p> <p class="firstIndent1 fontsize10">Sabine-Necnes Waterway, Texas: House Document Numbered 553, <sidenote><p class="firstIndent1 fontsize8">Texas.</p></sidenote>Eighty-seventh Congress, at an estimated cost of $20,830,000;</p> <p class="firstIndent1 fontsize10">Trinity River, Wallisville Reservoir, Texas: House Document Numbered 215, Eighty-seventh Congress, at an estimated cost of $9,162,000: <proviso><i>Provided</i>, That nothing in this Act shall be construed as authorizing the acquisition of additional lands for establishment of a national wildlife refuge at the reservoir;</proviso></p> <p class="firstIndent1 fontsize10">Gulf Intracoastal Waterway, channel to Palacios, Texas: House Document Numbered 504, Eighty-seventh Congress, at an estimated cost of $818,000;</p> <p class="firstIndent1 fontsize10">Gulf Intracoastal Waterway, channel to Victoria, Texas: House Document Numbered 288, Eighty-seventh Congress, at an estimated cost of $1,590,000;</p> <p class="firstIndent1 fontsize10">Illinois Waterway, Illinois and Indiana: House Document Numbered<sidenote><p class="firstIndent1 fontsize8">Illinois and Louisiana.</p></sidenote> 31, Eighty-sixth Congress, is approved and there is hereby authorized the sum of $40,000,000 for initiation and partial accomplishment of the project;</p> <p class="firstIndent1 fontsize10">Kaskaskia River, Illinois: Senate Document Numbered 44, Eighty-seventh Congress, at an estimated cost of $58,200,000;</p> <p class="firstIndent1 fontsize10">Mississippi River between Missouri River and Minneapolis, Minnesota:<sidenote><p class="firstIndent1 fontsize8">Minnesota.</p></sidenote> House Document Numbered 513, Eighty-seventh Congress, at an estimated cost of $1,205,000;</p> <page identifier="/us/stat/76/1176">76 <inline class="smallCaps">Stat</inline>. 1176</page> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Michigan.</p></sidenote>Ontonagon Harbor, Michigan: House Document Numbered 287, Eighty-seventh Congress, at an estimated cost of $4,741,000;</p> <p class="firstIndent1 fontsize10">Muskegon Harbor, Michigan: House Document Numbered 474, Eighty-seventh Congress, at an estimated cost of $609,000;</p> <p class="firstIndent1 fontsize10">Leland Harbor, Michigan: House Document Numbered 413, Eighty-seventh Congress, at an estimated cost of $485,000;</p> <p class="firstIndent1 fontsize10">Little Bay De Noc, Gladstone Harbor and Kipling, Michigan: House Document Numbered 480, Eighty-seventh Congress, at an estimated cost of $350,000;</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Wisconsin.</p></sidenote>Green Bay Harbor, Wisconsin: House Document Numbered 470, Eighty-seventh Congress, at an estimated cost of $4,270,000;</p> <p class="firstIndent1 fontsize10">Kenosha Harbor, Wisconsin: House Document Numbered 496, Eighty-seventh Congress, at an estimated cost of $673,000;</p> <p class="firstIndent1 fontsize10">Manitowoc Harbor, Wisconsin: House Document Numbered 479, Eighty-seventh Congress, at an estimated cost of $719,000;</p> <p class="firstIndent1 fontsize10">Milwaukee Harbor, Wisconsin: House Document Numbered 134, Eighty-seventh Congress, at an estimated cost of $4,029,000;</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Illinois.</p></sidenote>Chicago Harbor, Illinois: House Document Numbered 485, Eighty-seventh Congress, at an estimated cost of $1,505,000;</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Indiana.</p></sidenote>Calumet Harbor and River, Illinois and Indiana: House Document Numbered 581, Eighty-seventh Congress, at an estimated cost of $11,464,000;</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Michigan.</p></sidenote>New Buffalo Harbor, Michigan: House Document Numbered 481, Eighty-seventh Congress, at an estimated cost of $667,000;</p> <p class="firstIndent1 fontsize10">Caseville Harbor, Michigan: House Document Numbered 64, Eighty-seventh Congress, at an estimated cost of $327,000;</p> <p class="firstIndent1 fontsize10">Saginaw River, Michigan: House Document Numbered 544, Eighty-seventh Congress, at an estimated cost of $4,780,000;</p> <p class="firstIndent1 fontsize10">Rouge River, Michigan: House Document Numbered 509, Eighty-seventh Congress, at an estimated cost of $257,000;</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Ohio.</p></sidenote>Huron Harbor, Ohio: House Document Numbered 165, Eighty-seventh Congress, at an estimated cost of $8,557,000;</p> <p class="firstIndent1 fontsize10">Cleveland Harbor, Ohio: House Document Numbered 527, Eighty-seventh Congress, at an estimated cost of $888,000;</p> <p class="firstIndent1 fontsize10">Conneaut Harbor, Ohio: House Document Numbered 415, Eighty-seventh Congress, at an estimated cost of $6,179,000;</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Pennsylvania.</p></sidenote>Erie Harbor, Pennsylvania: House Document Numbered 340, Eighty-seventh Congress, at an estimated cost of $671,000;</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">New York.</p></sidenote>Buffalo Harbor, New York: House Document Numbered 451, Eighty-seventh Congress, at an estimated cost of $2,797,000;</p> <p class="firstIndent1 fontsize10">Great Sodus Bay Harbor, New York: House Document Numbered 138, Eighty-seventh Congress, at an estimated cost of $765,000;</p> <p class="firstIndent1 fontsize10">Oswego Harbor, New York: House Document Numbered 471, Eighty-seventh Congress, at an estimated cost of $1,180,000;</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">California.</p></sidenote>Dana Point Harbor, California: House Document Numbered 532, Eighty-seventh Congress, at an estimated cost of $3,730,000;</p> <p class="firstIndent1 fontsize10">Santa Barbara Harbor, California: House Document Numbered 518, Eighty-seventh Congress, at an estimated cost of $3,000,000:</p> <p class="firstIndent1 fontsize10">Oakland Harbor, California, Fruitvale Avenue Bridge: Senate Document Numbered 75, Eighty-seventh Congress, at an estimated cost of $1,750,000;</p> <p class="firstIndent1 fontsize10">Oakland Harbor, California: House Document Numbered 353, Eighty-seventh Congress, at an estimated cost of $6,775,000;</p> <p class="firstIndent1 fontsize10">Noyo River and Harbor, California: Senate Document Numbered 121, Eighty-seventh Congress, at an estimated cost of $13,231,000;</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Oregon and Washington.</p></sidenote>Columbia and Lower Willamette Rivers, Oregon and Washington: House Document Numbered 203, Eighty-seventh Congress, at an estimated cost of $493,000;</p> <page identifier="/us/stat/76/1177">76 <inline class="smallCaps">Stat</inline>. 1177</page> <p class="firstIndent1 fontsize10">Columbia and Lower Willamette Rivera below Vancouver, Washington,<sidenote><p class="firstIndent1 fontsize8">Washington and Oregon.</p></sidenote> and Portland, Oregon: House Document Numbered 452, Eighty-seventh Congress, at an estimated cost of $20,100,000;</p> <p class="firstIndent1 fontsize10">Tacoma Harbor, Port Industrial and Hylebos Waterways, Washington: Senate Document Numbered 104, Eighty-seventh Congress, at an estimated cost of $2,460,000;</p> <p class="firstIndent1 fontsize10">Kingston Harbor, Washington: House Document Numbered<sidenote><p class="firstIndent1 fontsize8">Hawaii.</p></sidenote> 417, Eighty-seventh Congress, at an estimated cost of $428,000;</p> <p class="firstIndent1 fontsize10">Swinomish Channel, Washington: House Document Numbered 499, Eighty-seventh Congress, at an estimated cost of $887,000;</p> <p class="firstIndent1 fontsize10">Kaunakakai Harbor, Molokai, Hawaii: House Document Numbered 484, Eighty-seventh Congress, at an estimated cost of $7,919,000;</p> <p class="firstIndent1 fontsize10">The project for Hilo Harbor, Hawaii, authorized by Public Law 645, Eighty-sixth Congress, is hereby modified to provide for adjustment<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/483">74 Stat. 483</ref>.</p></sidenote> or the cash contribution required of local interest in accordance with recommendations by the Secretary of the Army and approved by the President, such adjustment to lie made at the earliest practicable date.</p> </content> </level> <level> <heading class="smallCaps centered">beach erosion</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">State of New’ Hampshire: House Document Numbered 416, Eighty-seventh<sidenote><p class="firstIndent1 fontsize8">New Hampshire.</p></sidenote> Congress, at an estimated cost of $88,000;</p> <p class="firstIndent1 fontsize10">Fire Island Inlet and shore westerly to Jones Inlet, Long Island,<sidenote><p class="firstIndent1 fontsize8">New York.</p></sidenote> New York: Modification of the existing beach erosion control project authorized by the River and Harbor Act of 1958 (Public Law 500, Eighty-fifth Congress), House Document Numbered 411, Eighty-fifth<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/299">72 Stat. 299</ref>.</p></sidenote> Congress, is hereby authorized substantially in accordance with the plans, which will include a sand bypassing system at Fire Island Inlet, being prepared by the Chief of Engineers, subject to the approval of such plans by the Secretary of the Army and the President;</p> <p class="firstIndent1 fontsize10">Clark Point, New’ Bedford, Massachusetts: House Document Numbered<sidenote><p class="firstIndent1 fontsize8">Massachusetts.</p></sidenote> 584, Eighty-seventh Congress, at an estimated cost of $60,000;</p> <p class="firstIndent1 fontsize10">Virginia Beach, Virginia: House Document Numbered 382, Eighty-seventh<sidenote><p class="firstIndent1 fontsize8">Virginia.</p></sidenote> Congress, periodic nourishment;</p> <p class="firstIndent1 fontsize10">Fort Macon, Atlantic Beach and vicinity, North Carolina: House Document<sidenote><p class="firstIndent1 fontsize8">North Carolina.</p></sidenote> Numbered 555, Eighty-seventh Congress, at an estimated cost of $194,000;</p> <p class="firstIndent1 fontsize10">Palm Beach County from Martin County line to take Worth Inlet<sidenote><p class="firstIndent1 fontsize8">Florida.</p></sidenote> and from South Lake Worth Inlet to Broward County line, Florida: House Document Numbered 164, Eighty-seventh Congress, at an estimated cost of $128,800;</p> <p class="firstIndent1 fontsize10">Virginia Key and Key Biscayne, Florida: House Document Numbered 561, Eighty-seventh Congress, at an estimated cost of $220,000;</p> <p class="firstIndent1 fontsize10">San Juan and vicinity, Puerto Rico: House Document Numbered<sidenote><p class="firstIndent1 fontsize8">Puerto Rico.</p></sidenote> 575, Eighty-seventh Congress, at an estimated cost of $65,400;</p> <p class="firstIndent1 fontsize10">Lake Erie shoreline from the Michigan-Ohio State line to Marblehead,<sidenote><p class="firstIndent1 fontsize8">Michigan-Ohio.</p></sidenote> Ohio: House Document Numbered 63, Eighty-seventh Congress, at an estimated cost of $658,500;</p> <p class="firstIndent1 fontsize10">Sheffield Lake community park, Sheffield Lake Village, Ohio: House Document Numbered 414, Eighty-seventh Congress, at an estimated cost of $100,300;</p> <p class="firstIndent1 fontsize10">Ventura-Pierpont area, California: House Document Numbered<sidenote><p class="firstIndent1 fontsize8">California.</p></sidenote> 458, Eighty-seventh Congress, at an estimated cost of $515,000.</p> <p class="firstIndent1 fontsize10">Orange County, California, House Document Numbered 602, Eighty-seventh Congress, at an estimated cost of $2,845,000.</p> </content> </level> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><content class="inline">That the Secretary of the Army is hereby authorized to<sidenote><p class="firstIndent1 fontsize8">Reimbursement of local interests.</p></sidenote> reimburse local interests for such w’ork done by them on the beach erosion projects authorized in section 101, and in other sections of this Act, subsequent to the initiation of the cooperative studies which form <page identifier="/us/stat/76/1178">76 <inline class="smallCaps">Stat</inline>. 1178</page>the basis for the projects: <proviso><i>Provided</i>, That the work which may have been done on these projects is approved by the Chief of Engineers as being in accordance with the projects herein adopted:</proviso> <proviso><i>Provided further</i>, That such reimbursement snail be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority for improvements.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><sidenote><p class="firstIndent1 fontsize8">Protection of shore.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/702">70 Stat. 702</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Act approved August 13, 1946, as amended by the Act approved July 28, 1956 (33 U.S.C. 426e–h), pertaining to shore protection, is hereby further amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the word “one-third” in section 1(b) is deleted and the word “<quotedText>one-half</quotedText>” is substituted therefor;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the following is added after the word “located” in section 1(b): “, except that the costs allocated to the restoration and protection of Federal property shall be borne fully by the Federal Government, and, further, that Federal participation in the cost of a project for restoration and protection of State, county, and other publicly owned shore parks and conservation areas may be, in the discretion of the Chief of Engineers, not more than 70 per centum of the total cost exclusive of land costs, when such areas: Include a zone which excludes permanent human habitation; include but are not limited to recreational beaches; satisfy adequate criteria for conservation and development of the natural resources of the environment; extend landward a sufficient distance to include, where appropriate, protective dunes, bluffs, or other natural features which serve to protect the uplands from damage; and provide essentially full park facilities for appropriate public use, all of which shall meet with the approval of the Chief of Engineers”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the following is added after the word “supplemented” in section 1(e): “, or, in the case of a small project under section 3 of this Act, unless the plan therefor has been approved by the Chief of Engineers”; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>sections 2 and 3 are amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="2">“<inline class="smallCaps">Sec</inline>. 2. </num><sidenote><p class="firstIndent1 fontsize8">Reimbursement.</p></sidenote><content class="inline">The Secretary of the Army is hereby authorized to reimburse local interests for work done by them, after initiation of the survey studies which form the basis for the project, on authorized projects which individually do not exceed $1,000,000 in total cost: <proviso><i>Provided</i>, That the work which may have been done on the projects is approved by the Chief of Engineers as being in accordance with the authorized projects:</proviso> <proviso><i>Provided further</i>, That such reimbursement shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority for improvements.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="3">“<inline class="smallCaps">Sec</inline>. 3. </num><sidenote><p class="firstIndent1 fontsize8">Small construction projects, authorization.</p></sidenote><content class="inline">The Secretary of the Army is hereby authorized to undertake construction of small shore and beach restoration and protection projects not specifically authorized by Congress, which otherwise comply with section 1 of this Act, when he finds that such work is advisable, and he is further authorized to allot from any appropriations hereafter made for civil works, not to exceed $3,000,000 for any one fiscal year for the Federal share of the costs of construction of such projects: <proviso><i>Provided</i>, That not more than $400,000 shall be allotted for this purpose for any single project and the total amount allotted shall be sufficient to complete the Federal participation in the project under this section including periodic nourishment as provided for under section 1(c) of this Act:</proviso> <proviso><i>Provided further</i>, That the provisions of local cooperation specified in section 1 of this Act shall apply:</proviso> <proviso><i>And provided further</i>, That the work shall be complete in itself and shall not commit the United States to any additional improvement to <page identifier="/us/stat/76/1179">76 <inline class="smallCaps">Stat</inline>. 1179</page>insure its successful operation, except for participation in periodic beach nourishment in accordance with section 1(c) of this Act, and as may result from the normal procedure applying to projects authorized after submission of survey reports.”</proviso> </content> </section> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>All provisions of existing law relating to surveys of rivers and harbors shall apply to surveys relating to shore protection and section 2 of the River and Harbor Act approved July 3, 1930, as amended (33 Ü.S.C. 426), is modified to the extent inconsistent herewith.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/46/945">46 Stat. 945</ref>.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The cost-sharing provisions of this Act shall apply in determining<sidenote><p class="firstIndent1 fontsize8">Project costs.</p></sidenote> the amounts of Federal participation in or payments toward the costs of authorized projects which have not been substantially completed prior to the date of approval of this Act, and the Chief of Engineers, through the Beach Erosion Board, is authorized and directed to recompute the amounts of Federal contribution toward the costs of such projects accordingly.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num><content class="inline">The project for aquatic plant control authorized by the<sidenote><p class="firstIndent1 fontsize8">Aquatic plant control project, modification.</p></sidenote> River and Harbor Act of 1958 (72 Stat. 297, 300) is hereby modified to provide that research costs and planning costs prior to construction shall be borne fully by the United States and shall not be included in the cost to be shared by local interests.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num><content class="inline">The Secretary of the Army is authorized to convey 17.94 acres<sidenote><p class="firstIndent1 fontsize8">Midland, Pa.</p><p class="firstIndent1 fontsize8">Land conveyance.</p></sidenote> of land located at old lock and dam numbered 7, Ohio River, to the city of Midland, Pennsylvania, after November 1, 1962, for public park and recreation purposes, without monetary consideration but subject to reversion to the United States if not utilized for public park and recreation purposes and further subject to such flowage rights as may be necessary in the operation of the New Cumberland lock and dam, Ohio River.</content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num><content class="inline">Section 110(f) of the River and Harbor Act of 1958 (72<sidenote><p class="firstIndent1 fontsize8">Illinois and Mississippi Canal.</p><p class="firstIndent1 fontsize8">Additional funds.</p></sidenote> Stat. 297) is amended by changing the period to a comma and adding the following: “<quotedText>and upon completion of transfer to the said State of all right, title, and interest of the United States in and to the canal in accordance with the agreement executed December 14, 1960, between the Chief of Engineers and the representatives of said State, the additional sum of $800,000 is hereby authorized to be appropriated to be expended by the Corps of Engineers, or by said State, for the repair and modification of any canal properties and appurtenances, notwithstanding the provisions of section 110(b) hereof.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num><content class="inline">The Secretary of the Army is authorized and directed to<sidenote><p class="firstIndent1 fontsize8">River and harbor survey reports.</p></sidenote> prepare and transmit to Congress, at the earliest practicable date, a compilation of survey and review reports on river and harbor and flood control improvements, similar to that prepared in accordance with the Act of March 4, 1913, revised in accordance with the Acts of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/37/827">37 Stat. 827</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/46/949">46 Stat. 949</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/1049">49 Stat. 1049</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/168">64 Stat. 168</ref>.</p></sidenote> July 3, 1930, August 30, 1935, and May 17, 1950, and printed in House Document Numbered 214, Eighty-second Congress, first session.</content> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num><content class="inline">The Chief of Engineers is authorized to perform such work as may be necessary to provide for the repair and restoration of lock and dam numbered 3 on the Big Sandy River: <proviso><i>Provided</i>, That the<sidenote><p class="firstIndent1 fontsize8">Big Sandy River, Ky.</p></sidenote> work authorized herein shall have no effect on the condition that local interests shall operate and maintain the structure and related properties as required by the Act of Congress approved August 6, 1956 (70 Stat. 1062):</proviso> <proviso><i>And provided further</i>, That there is hereby authorized to be expended from appropriations hereafter made for civil functions administered by the Department of the Army, such funds as may be necessary for the repair and restoration of lock and dam numbered 3 on the Big Sandy River, not to exceed $200,000.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num><content class="inline">The body of water designated as the Redondo Beach Harbor,<sidenote><p class="firstIndent1 fontsize8">Redondo Beach King Harbor, Calif.</p><p class="firstIndent1 fontsize8">Designation.</p></sidenote> California, shall be known and designated hereafter as the Redondo Beach King Harbor, California. Any law, regulation, map, <page identifier="/us/stat/76/1180">76 <inline class="smallCaps">Stat</inline>. 1180</page>document, record, or other paper of the United States in which such body of water is referred to shall be held to refer to it as the Redondo Beach King Harbor, California.</content> </section> <section class="firstIndent1 fontsize10"> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num><sidenote><p class="firstIndent1 fontsize8">Surveys.</p></sidenote><content class="inline"> <p class="inline">The Secretary of the Army is hereby authorized and directed to cause surveys to be made at the following named localities and subject to all applicable provisions of section 110 of the River and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/168">64 Stat. 168</ref>.</p></sidenote>Harbor Act of 1950:</p> <list> <listItem><listContent class="indent1 fontsize10 depth0">Falmouth Harbor, Maine.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Channel between Point Shirley and Deer Island, Massachusetts. Little Egg Inlet, New Jersey.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Brigantine Inlet, New Jersey.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Corsons Inlet, New Jersey.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Kings Bay Deepwater Channel, Georgia.</listContent></listItem> <listItem><listContent class="indent1 fontsize10 depth0">Auglaize River at Wapakoneta, Ohio.</listContent></listItem> </list> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Coastal areas.</p></sidenote>Surveys of the coastal areas of the United States and its possessions, including the shores of the Great Lakes, in the interest of beach erosion control, hurricane protection and related purposes: <proviso><i>Provided</i>,That surveys of particular areas shall be authorized by appropriate resolutions of either the Committee on Public Works of the United States Senate or the Committee on Public Works of the House of Representatives.</proviso></p> </content> </section> <section class="firstIndent1 fontsize10"> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num><sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote><content class="inline">Title I of this Act may be cited as the “<shortTitle role="act">River and Harbor Art of</shortTitle>”</content> </section> <num value="II">TITLE II—</num><heading class="inline">FLOOD CONTROL</heading><sidenote><p class="firstIndent1 fontsize8">Flood Control Act of 1962.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><content class="inline">Section 3 of the Act approved June 22, 1936 (Public Law <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/1571">49 Stat. 1571</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s701c">33 USC 701c</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1215">52 Stat. 1215</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s701c/1">33 USC 701c–1</ref>.</p></sidenote>Numbered 738, Seventy-fourth Congress), as amended by section 2 of the Act approved June 28, 1938 (Public Law Numbered 761, Seventy-fifth Congress), shall apply to all works authorized in this title except that for any channel improvement or channel rectification project, provisions (a), (b), and (c) of section 3 of said Act of June 22, 1936, shall apply thereto, and except as otherwise provided by law: <proviso><i>Provided</i>, That the authorization for any flood control project herein adopted requiring local cooperation shall expire five years from the date on which local interests are notified in writing by the Department of the Army of the requirements of local cooperation, unless said interests shall within said time furnish assurances satisfactory to the Secretary of the Army that the required cooperation will be furnished.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><content class="inline">The provisions of section 1 of the Act of December 22, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/887">58 Stat. 887</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s701/1">33 USC 701–1</ref>.</p></sidenote>1944 (Public Law Numbered 534, Seventy-eighth Congress, second session), shall govern with respect to projects authorized in this Act, and the procedures therein set forth with respect to plans, proposals, or reports for works of improvement for navigation or flood control and for irrigation and purposes incidental thereto shall apply as if herein set forth in full.</content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num><sidenote><p class="firstIndent1 fontsize8">Navigation improvement projects.</p><p class="firstIndent1 fontsize8">Authorization.</p></sidenote><content class="inline">The following works of improvement for the benefit of navigation and the control of destructive floodwaters and other purposes are hereby adopted and authorized to be prosecuted under the direction of the Secretary of the Army and the supervision of the Chief of Engineers in accordance with the plans in the respective reports hereinafter designated and subject to the conditions set forth therein: <proviso><i>Provided</i>, That the necessary plans, specifications, and preliminary work may be prosecuted on any project authorized in this title with funds from appropriations hereafter made for flood control so as to be ready for rapid inauguration of a construction program:</proviso> <proviso><i>Provided further</i>, That the projects authorized herein shall be initiated as expeditiously and prosecuted as vigorously as may be consistent with budgetary requirements:</proviso> <proviso><i>And provided further</i>, That penstocks and other similar facilities adapted to possible future use <page identifier="/us/stat/76/1181">76 <inline class="smallCaps">Stat</inline>. 1181</page>in the development of hydroelectric power shall be installed in any dam authorized in this Act for construction by the Department of the Army when approved by the Secretary of the Army on the recommendation of the Chief of Engineers and the Federal Power Com-mission.</proviso> </content> </section> <level> <heading class="smallCaps centered">new englandatlantic coastal area</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The project for hurricane-flood protection at WarehamMarion, Massachusetts, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 548, Eighty-seventh Congress, at an estimated cost of $3,811,500.</p> <p class="firstIndent1 fontsize10">The project for navigation and hurricane-flood protection at Point Judith, Rhode Island, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 521, Eighty-seventh Congress, at an estimated cost of $2,414,000.</p> <p class="firstIndent1 fontsize10">The project for navigation and hurricane-flood control protection at Narragansett Pier, Rhode Island, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 195, Eighty-seventh Congress, at an estimated cost of $1,152,000.</p> </content> </level> <level> <heading class="smallCaps centered">long island sound area</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The project for hurricane-flood control protection at New London, Connecticut, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 478, Eighty-seventh Congress, at an estimated cost of $2,401,000.</p> <p class="firstIndent1 fontsize10">The project for hurricane-flood protection at Westport, Connecticut, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 412, Eighty-seventh Congress, at an estimated cost of $217,000.</p> <p class="firstIndent1 fontsize10">The project for hurricane-flood protection a Mystic, Connecticut, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 411, Eighty-seventh Congress, at an estimated cost of $1,490,000.</p> </content> </level> <level> <heading class="smallCaps centered">housatonic river basin</heading> <content class="firstIndent1 fontsize10">The project for flood protection on the Naugatuck River at AnsoniaDerby, Connecticut, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 437, Eighty-seventh Congress, at an estimated cost of $5,620,000. </content> </level> <level> <heading class="smallCaps centered">hudson river basin</heading> <content class="firstIndent1 fontsize10">The project for flood protection on Rondout Creek and Wallkill River and their tributaries, New York and New Jersey, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 113, Eighty-seventh Congress, at an estimated cost of $5,111,000. </content> </level> <level> <heading class="smallCaps centered">new jersey atlantic coastal area</heading> <content class="firstIndent1 fontsize10">The project for hurricane-flood protection and beach erosion control on Raritan Bay and Sandy Hook Bay, New Jersey, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 464, Eighty-seventh Congress, at an estimated cost of $3,097,000. </content> </level> <page identifier="/us/stat/76/1182">76 <inline class="smallCaps">Stat</inline>. 1182</page> <level> <heading class="smallCaps centered">susquehanna river basin</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The project for construction of the Fall Brook and Ayleworth Creek Reservoirs, and local flood protect ion works on the Lackawanna River at Scranton, Pennsylvania, is hereby authorized substantially as recommended by the Chief of Engineers, in Senate Document Numbered 141, Eighty-seventh Congress, at an estimated cost of $3,596,000.</p> <p class="firstIndent1 fontsize10">The project for the Juniata River and tributaries, Pennsylvania, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 565, Eighty-seventh Congress, at an estimated cost of $32,150,000: <proviso><i>Provided</i>,, That installation of the power generating facilities shall not be made until the Chief of Engineers shall submit a reexamination report to the Congress for authorization.</proviso></p> </content> </level> <level> <heading class="smallCaps centered">delaware river basin</heading> <content class="firstIndent1 fontsize10">The project for the comprehensive development of the Delaware River Basin, New York, New Jersey, Pennsylvania, and Delaware, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers, in House Document Numbered 522, Eighty-seventh Congress, at an estimated cost of $192,400,000. </content> </level> <level> <heading class="smallCaps centered">potomac river basin</heading> <content class="firstIndent1 fontsize10">The project for the North Branch of the Potomac River, Maryland and West Virginia, is hereby authorized substantially in accordance with the recommendations or the Chief of Engineers, m House Document Numbered 469, Eighty-seventh Congress, at an estimated cost of $50,965,000. </content> </level> <level> <heading class="smallCaps centered">middle Atlantic coastal area</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The project for hurricane-flood protection at Norfolk, Virginia, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 354, Eighty-seventh Congress, at an estimated cost of $1,537,000.</p> <p class="firstIndent1 fontsize10">The project for hurricane-flood protection and beach erosion control at Wrightsville Beach. North Carolina, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 511, Eighty-seventh Congress, at an estimated cost of $345,000.</p> <p class="firstIndent1 fontsize10">The project for hurricane-flood protection and beach erosion control at Carolina Beach and vicinity, North Carolina, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 418, Eighty-seventh Congress, at an estimated cost of $739,000.</p> </content> </level> <level> <heading class="smallCaps centered">apalachicola river basin, georgia</heading> <content class="firstIndent1 fontsize10">The project for the West Point Reservoir, Chattahoochee River, Georgia, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 570, Eighty-seventh Congress, at an estimated cost of $52,900,000. </content> </level> <level> <heading class="smallCaps centered">central and southern florida</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The comprehensive plan for flood control and other purposes in central and southern Florida approved in the Act of June 30, 1948, <page identifier="/us/stat/76/1183">76 <inline class="smallCaps">Stat</inline>. 1183</page>and subsequent Acts of Congress, is hereby modified to include the following items:</p> <p class="firstIndent1 fontsize10">The project for flood protection of West Palm Beach Canal is hereby authorized substantially as recommended by the Secretary of the Army and the Chief of Engineers in Senate Document Numbered 146, Eighty-seventh Congress, at an estimated cost of $3,220,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on Boggy Creek, Florida, is hereby authorized substantially as recommended by the Chief of Engineers in Senate Document Numbered 125, Eighty-seventh Congress, at an estimated cost of $1,176,000.</p> <p class="firstIndent1 fontsize10">The project for South Dade County, Florida, is hereby authorized substantially in accordance with the recommendations of the Secretary of the Army and the Chief of Engineers in Senate Document Numbered 138, Eighty-seventh Congress, at an estimated cost of $13,388,000.</p> <p class="firstIndent1 fontsize10">The project for Shingle Creek, Florida, between Clear Lake and Lake Tohopekaliga, for flood control and major drainage is hereby authorized substantially as recommended by the Chief of Engineers in Senate Document Numbered 139, Eighty-seventh Congress, at an estimated cost of $3,250,000: <proviso><i>Provided</i>, That no obligation shall be incurred for development of the Reedy Creek Swamp as a wildlife management area unless the State or one or more other non-Federal entities shall have entered into an agreement in advance to assume at least 50 per centum of the cost associated with that feature of the project.</proviso></p> <p class="firstIndent1 fontsize10">The project for flood protection in the Cutler drain area, Florida, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 123, Eighty-seventh Congress, at an estimated cost of $2,063,000: <proviso><i>Provided</i>,That local interests shall receive credit in the Contributed Fund Account of the project for moneys shown to have been spent after March 1, 1960, for construct ion of units of the authorized plan for Cutler Drain:</proviso> <proviso><i>Provided further</i>, That such completed work must be inspected and accepted by the Chief of Engineers as constituting useful parts of the authorized plan:</proviso> <proviso><i>And provided further</i>, That the credit established shall be in accordance with cost sharing arrangements for the central and southern Florida flood control project in an amount not to exceed $124,000.</proviso></p> </content> </level> <level> <heading class="smallCaps centered">green swamp region, florida</heading> <content class="firstIndent1 fontsize10">The project for the Four River Basins, Florida, namely the Hillsborough, Oklawaha, Withlacoochee, and Peace Rivers, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 585, Eighty-seventh Congress, at an estimated cost of $57,760,000: <proviso><i>Provided</i>, That the cost sharing shall be as recommended by the Secretary of the Army in House Document Numbered 585, Eighty-seventh Congress:</proviso> <i>And Kovided further</i>, That planning and construction on the Lowery-<sidenote><p class="firstIndent1 fontsize8">Lowery-Mattie Conservation Area.</p><p class="firstIndent1 fontsize8">Additional studies.</p></sidenote>Mattie Conservation Area and its appurtenant works is deferred until additional studies are made thereon, and a further report submitted to the Congress. </content> </level> <level> <heading class="smallCaps centered">pascagoula river basin</heading> <content class="firstIndent1 fontsize10">The project for flood protection on the Chunky Creek, Chickasawhay and Pascagoula Rivera, Mississippi, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 549, Eighty-seventh Congress, at an estimated cost of $6,740,000. </content> </level> <page identifier="/us/stat/76/1184">76 <inline class="smallCaps">Stat</inline>. 1184</page> <level> <heading class="smallCaps centered">lower mississippi river basin</heading> <chapeau class="firstIndent1 fontsize10">The project for flood control and improvement of the lower <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/45/534">45 Stat. 534</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s702a/702m/704">33 USC 702a–702m, 704</ref>.</p></sidenote>Mississippi River adopted by the Act approved May 15, 1928, as amended by subsequent Acts, is hereby modified and expanded to include the following item:</chapeau> <level> <num value="a">(a) </num><content class="inline"> <p class="inline">Monetary authorizations heretofore and hereafter made available to the project or any portion thereof shall be combined into a single sum and be available for application to any portion of the project.</p> <p class="firstIndent1 fontsize10">The project for flood control and improvement of the lower Mississippi River, adopted by the Act of May 15, 1928, as amended, is hereby modified and expanded to include construction of certain improvements in Gin and Muddy Bayous, Yazoo River Basin, Mississippi, substantially in accordance with plans on file in the Office, Chief of Engineers, subject to the approval of such plans by the Secretary of the Army and the President, at an estimated cost of $150,000.</p> <p class="firstIndent1 fontsize10">The project for hurricane-flood protection on the Mississippi River Delta at. and below New Orleans, Louisiana, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 550, Eighty-seventh Congress, at an estimated cost of $7,502,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on Red River in Natchitoches and Red River Parishes, Louisiana, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 476, Eighty-seventh Congress, at an estimated cost of $1,293,000.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Will M. Whittington Auxiliary Channel.</p><p class="firstIndent1 fontsize8">Designation.</p></sidenote>The lower auxiliary channel, Yazoo River Basin, Mississippi, a unit in the Mississippi River and tributaries project, shall hereafter be known and designated as the Will M. Whittington Auxiliary Channel in honor of the late Member of the House of Representatives from the Third District of Mississippi, and former chairman of the House Public Works Committee. The Secretary of the Army, acting through the Chief of Engineers, United States Army, is hereby authorized and directed to erect appropriate marker’s along the auxiliary channel designating the project “<quotedText>The Will M. Whittington Auxiliary Channel</quotedText>”. Any law, regulation, document, or record of the United States in which such project is designated or referred to under the name of lower auxiliary channel, Yazoo River Basin, Mississippi, shall be held and considered to refer to such project by the name of “<quotedText>Will M. Whittington Auxiliary Channel</quotedText>”.</p> </content> </level> </level> <level> <heading class="smallCaps centered">buffalo bayou</heading> <content class="firstIndent1 fontsize10">The project for flood protection on Vince and Little Vince Bayous, Texas, is hereby authorized substantially as recommended by the Chief of Engineers in House Document Numbered 441, Eighty-seventh Congress, at an estimated cost of $2,224,000. </content> </level> <level> <heading class="smallCaps centered">gulf of mexico</heading> <content class="firstIndent1 fontsize10">The project for hurricane-flood protection at Port Arthur and vicinity, Texas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 505, Eighty-seventh Congress, at an estimated cost of $23,380,000. The project for hurricane-flood protection at Freeport and vicinity. Texas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 495, Eighty-seventh Congress, at an estimated cost of $3,780,000. </content> </level> <page identifier="/us/stat/76/1185">76 <inline class="smallCaps">Stat</inline>. 1185</page> <level> <heading class="smallCaps centered">trinity river basin</heading> <content class="firstIndent1 fontsize10">The project for flood protection on the East Fork of the Trinity River, Texas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 554, Eighty-seventh Congress, at an estimated cost of $23,760,000. The project for extension of the Fort Worth Floodway, Texas, is hereby authorized substantially as recommended by the Chief of Engineers in House Document Numbered 454, Eighty-seventh Congress, at an estimated cost of $5,148,000. </content> </level> <level> <heading class="smallCaps centered">brazos river basin</heading> <content class="firstIndent1 fontsize10">The project for the San Gabriel River, Texas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 591, Eighty-seventh Congress, at an estimated cost of $20,250,000. The project for flood protection on the Clear Fork of the Brazos River at and in the vicinity of Abilene, Texas, is hereby authorized substantially as recommended by the Chief of Engineers in House Document Numbered 506, Eighty-seventh Congress, at an estimated cost of $31,200,000. </content> </level> <level> <heading class="smallCaps centered">tularosa basin</heading> <content class="firstIndent1 fontsize10">The project for flood protection at Alamogordo, New Mexico, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 473, Eighty-seventh Congress, at an estimated cost of $2,040,000. </content> </level> <level> <heading class="smallCaps centered">rio grande basin</heading> <content class="firstIndent1 fontsize10">The project for flood protection at Las Cruces, New Mexico, is hereby authorized substantially as recommended by the Chief of Engineers in Senate Document Numbered 117, Eighty-seventh Congress, at an estimated cost of $3,350,000. </content> </level> <level> <heading class="smallCaps centered">arkansas river basin</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The Dardanelle lock and dam, Arkansas River, Arkansas, is hereby modified to provide for construction of a sewage outfall system for the city of Russellville, Arkansas, substantially in accordance with plans of said city, approved by the Chief of Engineers, at an estimated cost of $1,400,000.</p> <p class="firstIndent1 fontsize10">The Secretary of the Army is hereby authorized and directed to cause an immediate study to be made under the direction of the Chief of Engineers of bank erosion on the Arkansas River between about river mile 455, near Muskogee, Oklahoma, and about river mile 495, near Coweta, Oklahoma. Such project or projects, because of its or their emergency nature, are hereby authorized as determined to be feasible and justified by the Chief of Engineers and Secretary of the Army with the approval of the President unless within the first period of sixty calendar days of continuous session of the Congress after the date on which the report is submitted to it such report is disapproved by the Congress: <proviso><i>Provided</i>, That the requirements for cooperation shall include provisions that local interests shall furnish all lands, easements, and rights-of-way; hold and save the United States free from damages; maintain and operate after completion; and make a cash contribution in recognition of any special benefits:</proviso> <proviso><i>And provided further</i>, That with respect to any work found justified <page identifier="/us/stat/76/1186">76 <inline class="smallCaps">Stat</inline>. 1186</page> in the vicinity of Wybark, Oklahoma, local interests shall meet the requirements as stated and shall make a cash contribution of not less than $150,000 which shall include the value of all lands, easements, and rights-of-way required to be furnished, and the value of goods and services provided for purposes of project installation on a basis acceptable to the Chief of Engineers:</proviso> <proviso><i>Provided</i>, That the cost to the Federal Government shall not exceed $2,000,000.</proviso></p> <p class="firstIndent1 fontsize10">The project for improvement of the Verdigris River and tributaries, Oklahoma and Kansas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 563, Eighty-seventh Congress, at an estimated cost of $62,400,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on Big Hill Creek, Kansas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 577, Eighty-seventh Congress, at an estimated cost of $3,785,000. The project for the Kaw Reservoir, Arkansas River, Oklahoma, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 143, Eighty-seventh Congress, at an estimated cost of $83,230,000: <proviso><i>Provided</i>, That nothing in this Act shall be construed as authorizing the acquisition of additional lands for establishment of a national wildlife refuge at the reservoir.</proviso></p> <p class="firstIndent1 fontsize10">The project for flood protection on Cow Creek, Kansas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 531, Eighty-seventh Congress, at an estimated cost of $1,560,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on the Arkansas River at Dodge City, Kansas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 498, Eighty-seventh Congress, at an estimated cost of $2,133,000.</p> </content> </level> <level> <heading class="smallCaps centered">white river basin</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The flood protection project for Village Creek, Jackson and Lawrence Counties, Arkansas, is hereby authorized substantially as recommended by the Chief of Engineers in House Document Numbered 352, Eighty-seventh Congress, at an estimated cost of $1,968,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on Village Creek, White River, and Mayberry Levee Districts, Arkansas, is hereby modified to provide for construction of a pumping plant, substantially as recommended by the Chief of Engineers in House Document Numbered 577, Eighty-seventh Congress, at an estimated additional cost of $1,018,000.</p> </content> </level> <level> <heading class="smallCaps centered">red river basin</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">That the general plan for flood control and other purposes on Red River below Denison Dam is hereby modified to authorize the Chief of Engineers to adjust the local cooperation requirements of the McKinney Bayou, Arkansas and Texas, Maniece Bayou, Arkansas, and East Point, Louisiana, projects so as to bring such requirements in accord with the recommendations of the Secretary of the Army and approval of the President, such adjustment to be made at the earliest practicable date.</p> <p class="firstIndent1 fontsize10">The project for Sanders, Big Pine, and Collier Creeks, Texas, is hereby authorized substantially as recommended by the Chief of Engineers, at an estimated cost of $16,100,000, subject to the recommendations of the Secretary of the Army and approval of the President.</p> <p class="firstIndent1 fontsize10">The project for Lake Kemp, Wichita River, Texas, is hereby authorized substantially in accordance with the recommendations of the <page identifier="/us/stat/76/1187">76 <inline class="smallCaps">Stat</inline>. 1187</page>Chief of Engineers in Senate Document Numbered 144, Eighty-seventh Congress, at an estimated cost of $6,410,000.</p> <p class="firstIndent1 fontsize10">The modification of the Broken Bow Reservoir. Mountain Fork River, Oklahoma, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 137. Eighty-seventh Congress, at an estimated cost of $23,800,000.</p> <p class="firstIndent1 fontsize10">The project for the Clayton and Tuskahoma Reservoirs, Kiamichi River, Oklahoma, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 145, Eighty-seventh Congress, at an estimated cost of $29,748,000</p> <p class="firstIndent1 fontsize10">The project providing for the construction of two experimental water quality study projects in the Arkansas-Red River Basins, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 105, Eighty-seventh Congress, at an estimated cost of $300,000.</p> </content> </level> <level> <heading class="smallCaps centered">missouri river basin</heading> <level class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The Kaysinger Bluff Reservoir, Osage River, Missouri, is hereby modified substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 578, Eighty-seventh Congress, at an estimated additional cost of $43,245,000: <proviso><i>Provided</i>, That nothing in this Act shall be construed as authorizing the acquisition of additional lands for the establishment of a national wild-life refuge at the reservoir.</proviso></content> </level> <level class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline"> <p class="inline">The project for the Kansas River, Kansas, Nebraska, and Colorado, is hereby authorized substantially in accordance with the recommendations of the Secretary of the Army and the Chief of Engineers in Senate Document Numbered 122, Eighty-seventh Congress, at an estimated cost of $88,070,000: <proviso><i>Provided</i>, That the authorization<sidenote><p class="firstIndent1 fontsize8">Woodbine Reservoir. Kans.</p><p class="firstIndent1 fontsize8">Authorization deferred.</p><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> for the Woodbine Reservoir on Lyons Creek is deferred at this time, subject to submission of a new feasibility report to the Eighty-eighth Congress, which shall take into account the water and related land resource development plans of the Soil Conservation Service, the Kansas Water Resources Board, and Lyons Creek Watershed Joint District Numbered 41, and preparation of said report is hereby authorized.</proviso></p> <p class="firstIndent1 fontsize10">The project for flood protection on White Clay Creek at Atchison, Kansas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 151, Eighty-seventh Congress, at an estimated cost of $3,495,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on Papillion Creek and tributaries, Nebraska, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 475, Eighty-seventh Congress, at an estimated cost of $2,122,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on Indian Creek, Iowa, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 438, Eighty-seventh Congress, at an estimated cost of $1,270,000.</p> <p class="firstIndent1 fontsize10">The project for Grand River and tributaries, North and South Dakota, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 574, Eighty-seventh Congress, at an estimated cost of $2,670,000: <proviso><i>Provided</i>, That the project shall be constructed, operated, and maintained by the Chief of Engineers under the direction of the Secretary of the Army.</proviso></p> <page identifier="/us/stat/76/1188">76 <inline class="smallCaps">Stat</inline>. 1188</page> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Floyd River, Iowa.</p><p class="firstIndent1 fontsize8">Modification of project.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/312">72 Stat. 312</ref>.</p></sidenote>The requirements of local cooperation on the project for flood control on the Floyd River, Iowa, authorized by Public Law 85–500, as recommended by the Chief of Engineers in House Document Numbered 417, Eighty-fourth Congress, is hereby modified to read as follows: “<proviso><i>Provided</i>, That responsible local interests give assurances satisfactory to the Secretary of the Army that they will (a) furnish without cost to the United States all lands, easements, and rights-of-way necessary for construction of the project; (b) hold and save the United States free from damages due to the construction works; (c) make without cost to the United States all necessary road, highway, highway bridges other than those required to carry Interstate Highway 29 over the relocated Floyd River, and utility alterations and additions; (d) contribute in cash 0.84 per centum of the estimated first cost of the work for which the United States would be responsible, a contribution presently estimated at $65,000; (e) upon authorization of the project, to take all possible action under Iowa law, short of actual purchase, to prevent additional developments within the right-of-way that might increase the overall cost of the project; and (f) maintain and operate all the works after completion in accordance with regulations prescribad by the Secretary of the Army.”</proviso></p> </content> </level> </level> <level> <heading class="smallCaps centered">ohio river basin</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The project for flood protection on the Kokosing River, Ohio, is hereby authorized substantially as recommended by the Chief of Engineers in House Document Numbered 220, Eighty-seventh Congress, at an estimated cost of $2,438,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on the Wabash River at and in the vicinity of Mount Carmel, Illinois, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 573, Eighty-seventh Congress, at an estimated cost of $1,417,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on the Mad River above Huffman Dafti, Ohio, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 439, Eighty-seventh Congress, at an estimated cost of $7,930,000.</p> <p class="firstIndent1 fontsize10">The project for the Kentucky River, Kentucky, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 423, Eighty-seventh Congress, at an estimated cost of $26,020,000.</p> <p class="firstIndent1 fontsize10">The project for Twelvepole Creek, West Virginia, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 520, Eighty-seventh Congress, at an estimated cost of $11,000,000.</p> <p class="firstIndent1 fontsize10">The project for the Guyandot River and tributaries, West Virginia, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 569, Eighty-seventh Congress, second session, at an estimated cost of $60,477,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on the Buckhannon River, West Virginia, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 43, Eighty-seventh Congress, at an estimated cost of $1,206,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on Crab Creek at Youngstown, Ohio, is hereby authorized substantially in accordance with the recômmendations or the Chief of Engineers in House Document Numbered 440, Eighty-seventh Congress, at an estimated cost of $2,268,000.</p> <p class="firstIndent1 fontsize10">The project for the Scioto River, Ohio, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 587, Eighty-seventh Con-<page identifier="/us/stat/76/1189">76 <inline class="smallCaps">Stat</inline>. 1189</page> gress, at an estimated cost of $55,307,000: <proviso><i>Provided</i>, That nothing in this Act shall be construed as authorizing the acquisition of additional lands for the establishment of a wildlife refuge in this project.</proviso></p> <p class="firstIndent1 fontsize10">The project for flood protection on the Allegheny River at Salamanca, Nev/ York, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 166, Eighty-seventh Congress, at an estimated cost of $1,390,000.</p> <p class="firstIndent1 fontsize10">The project for French Creek, Pennsylvania, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 95, Eighty-seventh Congress, at an estimated cost of $23,102,000.</p> <p class="firstIndent1 fontsize10">The project for the Saline River and tributaries, Illinois, authorized by the Flood Control Act of 1958 (Public Law 85–500) is hereby<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/312">72 Stat. 312</ref>.</p></sidenote> modified to authorize the Chief of Engineers to adjust the cash contribution required of local interests to such amount as is recommended by the Secretary of the Army and approved by the President, such adjustment to be made at the earliest practicable date.</p> </content> </level> <level> <level> <heading class="smallCaps centered">upper mississippi river basin</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The project for the Illinois River and tributaries, Illinois, Wisconsin, and Indiana, is hereby authorized substantially as recommended by the Chief of Engineers in House Document Numbered 472, Eighty-seventh Congress, at an estimated cost of $71,465,000.</p> <p class="firstIndent1 fontsize10">The project for Rend Lake, Illinois, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 541, Eighty-seventh Congress, at an estimated cost of $35,500,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on the Mississippi River at and in the vicinity of Guttenberg, Iowa, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 286, Eighty-seventh Congress, at an estimated cost of $729,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on the Mississippi River between Sainte Genevieve and Saint Marys, Missouri, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 519, Eighty-seventh Congress, at an estimated cost of $2,500,000.</p> <p class="firstIndent1 fontsize10">The project for the Harrisonville and Ivy Landing Drainage and Levee District Numbered 2, Illinois, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 542, Eighty-seventh Congress, at an estimated cost of $1,112,000.</p> <p class="firstIndent1 fontsize10">The project for the Columbia Drainage and <i>Levee</i> District Numbered 3, Illinois, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 543, Eighty-seventh Congress, at an estimated cost of $986,600.</p> <p class="firstIndent1 fontsize10">The project for the Prairie DuPont Levee and Sanitary District, Illinois, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 540, Eighty-seventh Congress, at an estimated cost of $921,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on Richland Creek, Illinois, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 571, Eighty-seventh Congress, at an estimated cost of $4.995,600.</p> <p class="firstIndent1 fontsize10">The project for the Joanna Reservoir, Salt River, Missouri, is hereby authorized substantially in accordance with the recommenda-<page identifier="/us/stat/76/1190">76 <inline class="smallCaps">Stat</inline>. 1190</page> tions of the Chief of Engineers in House Document Numbered 07,Eighty-seventh Congress, at an estimated cost of $63,300,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on the Pecatonica River, Illinois and Wisconsin, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 539, Eighty-seventh Congress, at an estimated cost of $850,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on Rock River at Rockford, Illinois, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 142, Eighty-seventh Congress, at an estimated cost of $7,228,000.</p> <p class="firstIndent1 fontsize10">The project for the Mississippi River urban areas from Hampton, Illinois, to mile 300, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 564, Eighty-seventh Congress, at an estimated cost of $9,289,000.</p> <p class="firstIndent1 fontsize10">The project for the Mississippi River urban areas from Hampton, Illinois, to Cassville, Wisconsin, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 450, Eighty-seventh Congress, at an estimated cost of $5,350,000.</p> <p class="firstIndent1 fontsize10">The project for the Kickapoo River, Wisconsin, is hereby authorized substantially as recommended by the Chief of Engineers in House Document Numbered 557, Eighty-seventh Congress, at an estimated cost of $15,570,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on the Warroad River and Bull Dog Creek, Minnesota, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 449, Eighty-seventh Congress, at an estimated cost of $972,000.</p> </content> </level> <level> <heading class="smallCaps centered">great lakes basin</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The project for flood protection on the River Rouge, Michigan, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 148, Eighty-seventh Congress, at an estimated cost of $8,659,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on the Sandusky River, Ohio, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 136, Eighty-seventh Congress, at an estimated cost of $4,300,000.</p> </content> </level> <level> <heading class="smallCaps centered">gila river basin</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The project for the Camelsback Reservoir, Gila River, Arizona, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 127, Eighty-seventh Congress, at an estimated cost of $9,770,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on the Gila River below Painted Rock Reservoir, Arizona, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 116, Eighty-seventh Congress, at an estimated cost of $18,255,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on Pinal Creek, Arizona, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 512, Eighty-seventh Congress, at an estimated cost of $1,300,000.</p> </content> </level> <page identifier="/us/stat/76/1191">76 <inline class="smallCaps">Stat</inline>. 1191</page> <level> <heading class="smallCaps centered">truckee river basin</heading> <content class="firstIndent1 fontsize10">The project for flood protection on the Truckee River and tributaries, California and Nevada, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 435, Eighty-seventh Congress, at an estimated cost of $2,385,000. </content> </level> <level> <heading class="smallCaps centered">san francisco bay area</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The project for flood protection on Alameda Creek, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 128, Eighty-seventh Congress, at an estimated cost of $14,680,000.</p> <p class="firstIndent1 fontsize10">The project for Corte Madera Creek, Marin County, California, is hereby authorized substantially in accordance with the recommendations of the Secretary of the Army and the Chief of Engineers in House Document Numbered 545, Eighty-seventh Congress, at an estimated cost of $5,534,000: <proviso><i>Provided</i>, That local interests shall contribute in cash 3 per centum of the Federal construction of the Rose Valley unit with a contribution presently estimated at $158,000.</proviso></p> </content> </level> <level> <heading class="smallCaps centered">san joaquin river basin</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The New Melones project Stanislaus River, California, authorized by the Flood Control Act approved December 22, 1944 (58 Stat. 887), is hereby modified substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 453, Eighty-seventh Congress, at an estimated cost of $113,717,000: <proviso><i>Provided</i>, That upon completion of construction of the dam and power-plant by the Corps of Engineers, the project shall become an integral part of the Central Valley project and be operated and maintained by the Secretary of the Interior pursuant to the Federal reclamation laws, except that the flood control operation of the, project shall lie in accordance with the rules and regulations prescribed by the Secretary of the Army:</proviso> <proviso><i>Provided further</i>, That the Stanislaus River Channel, from Goodwin Dam to the San Joaquin River, shall be maintained by the Secretary of the Army to a capacity of at least eight thousand cubic feet per second subject to the condition that responsible local interests agree to maintain private levees and to prevent encroachment on the existing channel and floodway between the levees:</proviso> <proviso><i>Provided further</i>, That before initiating any diversions of water from the Stanislaus River Basin in connection with the operation of the Central Valley project, the Secretary of the Interior shall determine the quantity of water required to satisfy all existing and anticipated future needs within that basin and the diversions shall at all times be subordinate to the quantities so determined:</proviso> <proviso><i>Provided further</i>, That the Secretary of the Army adopt appropriate measures to insure the preservation and propagation of fish and wildlife in the New Melones project and shall allocate to the preservation and propagation of fish and wildlife, as provided in the Act of August 14, 1946 (60 Stat. 1080), an appropriate share of the cost of constructing the Stanislaus River diversion and of operating and maintaining the same:</proviso> <proviso><i>Provided further</i>, That the Secretary of the Army, in connection with the New Melones project, construct basic public recreation facilities, acquire land necessary for that purpose, the cost of constructing such facilities and acquiring such lands to be non-reimbursable and nonreturnable:</proviso> <proviso><i>Provided further</i>, That contracts for the sale and delivery of the additional electric energy available from the Central Valley project power system as a result of the con-<page identifier="/us/stat/76/1192">76 <inline class="smallCaps">Stat</inline>. 1192</page>struction of the plants herein authorized and their integration with that system shall be made in accordance with preferences expressed in the Federal reclamation laws except that a first preference, to the extent as needed and as fixed by the Secretary of the Interior, but not to exceed 25 per centum of such additional energy, shall be given, under reclamation law, to preference customers in Tuolumne and Calaveras Counties, California, for use in that county, who are ready, able, and willing, within twelve months after notice of availability by the Secretary of the Interior, to enter into contracts for the energy and that Tuolumne and Calaveras County preference customers may exercise their option in the same date in each successive fifth year providing written notice of their intention to use the energy is given to the Secretary not less than eighteen months prior to said dates:</proviso> <proviso><i>And provided further</i>, That the Secretary of the Army give consideration during the preconstruction planning for the New Melones project to the advisability of including storage for the regulation of stream-flow for the purpose of downstream water quality control.</proviso></p> <p class="firstIndent1 fontsize10">The Hidden Reservoir, Fresno River, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 37, Eighty-seventh Congress. at an estimated cost of $14,338,000.</p> <p class="firstIndent1 fontsize10">The Buchanan Reservoir, Chowchilla River, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 98, Eighty-seventh Congress, at an estimated cost of $13,585,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection on Mormon Slough, Calaveras River, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 576, Eighty-seventh Congress, at an estimated cost of $1,960,000.</p> </content> </level> <level> <heading class="smallCaps centered">russian river basin</heading> <content class="firstIndent1 fontsize10">The project for, Russian River, Dry Creek, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 547, Eighty-seventh Congress, at an estimated cost of $42,400,000. </content> </level> <level> <heading class="smallCaps centered">redwood creek basin</heading> <content class="firstIndent1 fontsize10">The project for flood protection on Redwood Creek, Humboldt County, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 497, Eighty-seventh Congress, at an estimated cost of $2,580,000. </content> </level> <level> <heading class="smallCaps centered">los angeles river basin</heading> <content class="firstIndent1 fontsize10">In addition to previous authorizations, there is hereby authorized to be appropriated the sum of $3,700,000 for the prosecution of the comprehensive plan for the Los Angeles River Basin approved in the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/55/647">55 Stat. 647</ref>.</p></sidenote>Act of August 18, 1941, as amended and supplemented by subsequent Acts of Congress. </content> </level> <level> <heading class="smallCaps centered">rogue river basin</heading> <content class="firstIndent1 fontsize10">The project for the Rogue River, Oregon and California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 566, Eighty-seventh Congress, at an estimated cost of $106,700,000, subject to the conditions of local cooperation specified in said report: <proviso><i>Provided</i>, That the project is to be located, constructed, and operated to accomplish the benefits as set forth and described in the report and appendixes:</proviso> <i>And provided further</i>, That in the years of short water supply all <page identifier="/us/stat/76/1193">76 <inline class="smallCaps">Stat</inline>. 1193</page>water users will share the available water in the same proportions that they would share the total full supply when it is available, and that no further water-use allocations will lie made from the authorized storage so as to retain the maximum possible benefits to authorized uses during the periods of adversity when storage shortages occur. </content> </level> <level> <heading class="smallCaps centered">columbia river basin</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">The projects and plans for the Columbia River Basin, including the Willamette River Basin, authorized by the Flood Control Act of June 28, 1938, and subsequent Acts of Congress, including the Flood<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1222">52 Stat. 1222</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/177">64 Stat. 177</ref>, <ref href="/us/stat/64/178">178</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1264">68 Stat. 1264</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/315">72 Stat. 315</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/499">74 Stat. 499</ref>.</p></sidenote> Control Acts of May 17, 1950, September 3, 1954, .July 3, 1958, and July 14, I960, are hereby modified to include the projects listed below for flood control and other purposes in the Columbia River Basin (including the Willamette River Basin) substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 403, Eighty-seventh Congress: <proviso><i>Provided</i>, That the depth and width of the authorized channel in the Columbia-Snake River barge navigation project shall be established as fourteen feet and two hundred and fifty feet, respectively, at minimum regulated flow.</proviso></p> <p class="firstIndent1 fontsize10">Asotin Dam, Snake River, Idaho and Washington;</p> <p class="firstIndent1 fontsize10">Bruces Eddy Dam and Reservoir, North Fork, Clearwater River, Idaho;</p> <p class="firstIndent1 fontsize10">Strube Reregulating Dam and Reservoir, South Fork, McKenzie River, Oregon;</p> <p class="firstIndent1 fontsize10">Gate Creek Dam and Reservoir, Gate Creek, Oregon;</p> <p class="firstIndent1 fontsize10">Fern Ridge Dam and Reservoir modification, Long Tom River, Oregon;</p> <p class="firstIndent1 fontsize10">Cascadia Dam and Reservoir, South Santiam River, Oregon.</p> <p class="firstIndent1 fontsize10">The project for the Ririe Dam and Reservoir, Willow Creek, Idaho, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 562, Eighty-seventh Congress, at an estimated cost of $7,027,000.</p> <p class="firstIndent1 fontsize10">The project for the Blackfoot Dam and Reservoir, Blackfoot River, Idaho, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 568, Eighty-seventh Congress, at an estimated cost of $829,000.</p> </content> </level> <level> <heading class="smallCaps centered">wynoochee river</heading> <content class="firstIndent1 fontsize10">The project for the Wynoochee River Washington, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 601, Eighty-seventh Congress, at an estimated cost of $40,211,000: <proviso><i>Provided</i>, That<sidenote><p class="firstIndent1 fontsize8">Reexamination report to Congress.</p></sidenote> the installation of the power-generating facilities shall not be made until the Chief of Engineers shall submit a reexamination report to the Congress for authorization.</proviso> </content> </level> <level> <heading class="smallCaps centered">cook inlet, alaska</heading> <content class="firstIndent1 fontsize10">The project for Bradley Like, Cook Inlet, Alaska, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 455, Eighty-seventh Congress, at an estimated cost of $45,750,000. </content> </level> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content>For the purpose of developing hydroelectric power and<sidenote><p class="firstIndent1 fontsize8">Alaska.</p><p class="firstIndent1 fontsize8">Hydroelectric power development.</p></sidenote> to encourage and promote the economic development of and to foster the establishment of essential industries in the State of Alaska, and for other purposes, the Secretary of the Army, acting through the Chief of Engineers, is authorized to construct and the Secretary of the <page identifier="/us/stat/76/1194">76 <inline class="smallCaps">Stat</inline>. 1194</page> Interior is authorized to operate and maintain the Crater-Long Lakes division of the Snettisham project near Juneau, Alaska. The works of the division shall consist of pressure tunnels, surge tanks, penstocks, a powerplant, transmission facilities, and related facilities, all at an estimated cost of $41,634,000.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num><sidenote><p class="firstIndent1 fontsize8">Sale of power and energy.</p></sidenote> <content>Electric power and energy generated at the division except that portion required in the operation of the division, shall be disposed of By the Secretary of the Interior in such a manner as to encourage the most widespread use thereof at the lowest possible rates to consumers consistent with sound business principles. Rate schedules shall be drawn having regard to the recovery of the costs of producing and transmitting the power and energy, including the amortization of the capital investment over a reasonable period of years, with interest at the average rate (which rate shall be certified by the Secretary of the Treasury) paid by the United States on its marketable long-term securities outstanding on the date of this Act and adjusted to the nearest one-eighth of 1 per centum. In the sale of such power and energy, preference shall be given to Federal agencies, public bodies, and cooperatives. It shall be a condition of every contract made under this Act for the sale of power and energy that the purchaser, if it be a purchaser for resale, will deliver power and energy to Federal agencies or facilities thereof within its transmission area at a reasonable charge for the use of its transmission facilities. All receipts from the transmission and sale of electric power and energy generated at said division shall be covered into the Treasury of the United States to the credit of miscellaneous receipts.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num><sidenote><p class="firstIndent1 fontsize8">Contract authority.</p></sidenote> <content>The appropriate Secretary is authorized to perform any and all acts and enter into such agreements as may be appropriate for the purpose of carrying the provisions of this Act into full force and effect, including the acquisition of rights and property, and the Secretary of the Army, when an appropriation shall have been made for the commencement of construction or the Secretary of the Interior in the case of operation and maintenance of said division, may, in connection with the construction or operation and maintenance of such division, enter into contracts for miscellaneous services for materials and supplies, as well as for construction, which may cover such periods of time as the appropriate Secretary may consider necessary but in which the liability of the United States shall be contingent upon appropriations being made therefor.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num><sidenote><p class="firstIndent1 fontsize8">Small projects.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/183">64 Stat. 183</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/522">70 Stat. 522</ref>.</p></sidenote><content class="inline">Section 205 of the Flood Control Act of 1948, as amended (33 U.S.C. 701s), is amended (a) by striking out “<quotedText>$10,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$25,000,000</quotedText>”, (b) by striking out the term “<quotedText>small flood control projects</quotedText>” and inserting in lieu thereof the term “<quotedText>small projects for flood control and related purposes</quotedText>”, and (c) by striking out <proviso><i>Provided</i>, That not more than $400,000 shall be allotted for this purpose at any single locality from the appropriations for any one fiscal year” and inserting in lieu thereof</proviso> “<quotedText> <proviso><i>Provided</i>, That not more than $1,000,000 shall be allotted under this section for a project at any single locality and the amount allotted shall be sufficient to complete Federal participation in the project”.</proviso></quotedText> </content> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num><sidenote><p class="firstIndent1 fontsize8">flood emergency preparation.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/186">69 Stat. 186</ref>.</p></sidenote><content class="inline">The first sentence of section 5 of the Flood Control Act approved August 18, 1941, as amended (33 U.S.C. 701n), is hereby further amended to read as follows: “That there is hereby authorized an emergency fund in the amount of $15,000,000 to be expended in flood emergency preparation, in flood fighting and rescue operations, or in the repair or restoration of any flood control work threatened or destroyed by flood, including the strengthening, raising, extending, or other modification thereof as may be necessary m the discretion of the Chief of Engineers for the adequate functioning of the work for flood <page identifier="/us/stat/76/1195">76 <inline class="smallCaps">Stat</inline>. 1195</page>control; in the emergency protection of federally authorized hurricane or shore protection being threatened when in the discretion of the Chief of Engineers such protection is warranted to protect against imminent and substantial loss to life and property; in the repair and restoration of any federally authorized hurricane or shore protective structure damaged or destroyed by wind, wave, or water action of other than an ordinary nature when in the discretion of the Chief of Engineers such repair and restoration is warranted for the adequate functioning of the structure for hurricane or shore protection.”</content> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num><content class="inline">Section 4 of the Act entitled “An Act authorizing the<sidenote><p class="firstIndent1 fontsize8">Public park and recreational facilities.</p></sidenote> construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved December 22, 1944, as amended by section 4 of the Flood Control Act of July 24, 1946, and by section 209 of the Flood Control Act of 1954, is hereby further<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1266">68 Stat. 1266</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s460d">16 USC 460d</ref>.</p></sidenote> amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="4">“<inline class="smallCaps">Sec</inline>. 4. </num><content class="inline">The Chief of Engineers, under the supervision of the Secretary of the Army, is authorized to construct, maintain, and operate public park and recreational facilities at water resource development projects under the control of the Department of the Army, to permit the construction of such facilities by local interests (particularly those to lie operated and maintained by such interests), and to permit the maintenance and operation of such facilities by local interests. The Secretary of the Army is also authorized to grant leases of lands, including structures or facilities thereon, at water resource development projects for such periods, and upon such terms and for such purposes as he may deem reasonable in the public interest: <proviso><i>Provided</i>, That leases to nonprofit organizations for park or recreational purposes may be granted at reduced or nominal considerations in recognition of the public service to be rendered in utilizing the leased premises:</proviso> <proviso><i>Provided further</i>, That preference shall be given to Federal, State, or local governmental agencies, and licenses or leases where appropriate, may be granted without monetary considerations, to such agencies for the use of all or any portion of a project area for any public purpose, when the Secretary of the Army determines such action to be in the public interest, and for such periods of time and upon such conditions as he may find advisable:</proviso> <proviso><i>And provided further</i>, That in any such lease or license to a Federal, State, or local governmental agency which involves lands to be utilized for the development and conservation of fish and wildlife, forests, and other natural resources, the licensee or lessee may lie authorized to cut timber and harvest crops as may lie necessary to further such beneficial uses and to collect and utilize the proceeds of any sales of timber and crops in the development, conservation, maintenance, and utilization of such lands. Any balance of proceeds not so utilized shall be paid to the United States at such time or times as the Secretary of the Army may determine appropriate. The water areas of all such projects shall be open to public use generally,<sidenote><p class="firstIndent1 fontsize8">Public use of water areas.</p></sidenote> without charge, for boating, swimming, bathing, fishing, and other recreational purposes, and ready access to and exit from such areas along the shores of such projects shall be. maintained for general public use, when such use is determined by the Secretary of the Army not to be contrary to the public interest, all under such rules and regulations as the Secretary of the Army may deem necessary. No<sidenote><p class="firstIndent1 fontsize8">Protection of fish and game.</p></sidenote> use of any area to which this section applies shall be permitted which is inconsistent with the laws for the protection of fish and game of the State in which such area is situated. All moneys received by the United States for leases or privileges shall be deposited in the Treasury of the United States as miscellaneous receipts.”</proviso> </content> </section> </quotedContent> </content> </section> <page identifier="/us/stat/76/1196">76 <inline class="smallCaps">Stat</inline>. 1196</page> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num><sidenote><p class="firstIndent1 fontsize8">Utilization of public roads.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s701r/1">33 USC 701r–1</ref>.</p></sidenote><content class="inline">Section 207 of the Flood Control Act of 1960 (74 Stat. 501 ) is hereby amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="207">“<inline class="smallCaps">Sec</inline>. 207. </num> <subsection class="inline"> <num value="a">(a) </num><chapeau class="inline">When used in this section—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The term ‘Agency’ means the Corps of Engineers, United States Army or the Bureau of Reclamation, United States Department of the Interior, whichever has jurisdiction over the project concerned.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The term ‘head of the Agency concerned’ means the Chief of Engineers or the Commissioner, Bureau of Reclamation, or their respective designees.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The term ‘water resources projects to be constructed in the future’ includes all projects not yet actually under construction, and, to the extent of work remaining to be completed, includes projects presently under construction where road relocations or identifiable components thereof are not complete as of the date of this section.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The term ‘time of the taking’ is the date of the relocation agreement, the date of the filing of a condemnation proceeding, or a date agreed upon between the parties as the date of taking.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Whenever, in connection with the construction of any authorized flood control, navigation, irrigation, or multiple-purpose project for the development of water resources, the head of the Agency concerned determines it to be in the public interest to utilize existing public roads as a means of providing access to such projects during construction, such Agency may improve, reconstruct, and maintain such roads and may contract with the local authority having jurisdiction over the roads to accomplish the necessary work. The accomplishment of such work of improvement may be carried out with or without obtaining any interest in the land on which the road is located in accordance with mutual agreement between the parties: <proviso><i>Provided</i>, (1) That the head of the Agency concerned determines that such work would result in a saving in Federal cost as opposed to the cost of providing a new access road at Federal expense, (2) that, at the completion of construction, the head of the Agency concerned will, if necessary, restore the road to at least as good condition as prior to the beginning of utilization for access during construction, and (3) that, at the completion of construction, the responsibility of the Agency for improvement, reconstruction, and maintenance shall cease.</proviso></content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num><sidenote><p class="firstIndent1 fontsize8">Substitute roads.</p></sidenote> <content>For water resources projects to be constructed in the future, when the taking by the Federal Government of an existing public road necessitates replacement, the substitute provided will, as nearly as practicable, serve in the same manner and reasonably as well as the existing road. The head of the Agency concerned is authorized to construct such substitute roads to design standards comparable to those of the State, or, where applicable State standards do not exist, those of the owning political division in which the road is located, for roads of the same classification as the road being replaced. The traffic existing at the time of the taking shall be used in the determination of the classification. In any case where a State or political subdivision thereof requests that such a substitute road be constructed to a higher standard than that provided in the preceding provisions of this subsection, and pays, prior to commencement of such construction, the additional costs involved due to such higher standard, such Agency head is authorized to construct such road to such higher standard. Federal costs under the provisions of this subsection shall be part of the nonreimbursable project costs.”</content> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num><sidenote><p class="firstIndent1 fontsize8">Flood control surveys.</p><p class="firstIndent1 fontsize8">Authorization.</p></sidenote><content class="inline"> <p class="inline">The Secretary of the Army is hereby authorized and directed to cause surveys for flood control and allied purposes, including channel and major drainage improvements, and floods aggravated <page identifier="/us/stat/76/1197">76 <inline class="smallCaps">Stat</inline>. 1197</page>by or due to wind or tidal effects, to be made under the direction of the Chief of Engineers, in drainage areas of the United States and its territorial possessions, which include the following named localities: <proviso><i>Provided</i>, That after the regular or formal reports made on any survey are submitted to Congress, no supplemental or additional report or estimate shall be made unless authorized by law except that the Secretary of the Army may cause a review of any examination or survey to be made and a report, thereon submitted to Congress, if such review is required by the national defense or by changed physical or economic conditions:</proviso> <proviso><i>Provided further</i>, That the Government shall not lie deemed to have entered upon any project for the improvement of any waterway or harbor mentioned in this title until the project for the proposed work shall have been adopted by law:</proviso></p> <p class="firstIndent1 fontsize10">Valenciana River, Puerto Rico.</p> <p class="firstIndent1 fontsize10">Waccasassa River (Levy County and Gilchrist County), Florida.</p> <p class="firstIndent1 fontsize10">Lake Pontchartrain, North Shore, Louisiana.</p> <p class="firstIndent1 fontsize10">Peytons Creek and tributaries, Texas.</p> <p class="firstIndent1 fontsize10">Clear Creek, Texas.</p> <p class="firstIndent1 fontsize10">San Bernard River, Texas.</p> <p class="firstIndent1 fontsize10">Arkansas River Basin, with reference to the effect of the Eufaula and Keystone Reservoirs, Oklahoma, on the water supply facilities of the cities of McAlester and Yale, respectively, with a view to determining the extent, if any, of Federal participation in the replacement of the cities’ water supply facilities in equity without regard to limitation contained in existing Corps of Engineers protective and relocation plans.</p> <p class="firstIndent1 fontsize10">Cumberland River, Kentucky and Tennessee, with reference to the effect of the Barkley Dam project, on the water supply and sewage treatment facilities of the cities of Cadiz, Kuttawa, and Eddyville, Kentucky, and the State penitentiary at Eddyville, Kentucky, respectively, with a view to determining the extent, if any, of Federal participation in the replacement or their water supply and sewage treatment facilities in equity without regard to limitation contained in existing Corps of Engineers protective and relocation plans.</p> <p class="firstIndent1 fontsize10">Missouri River Basin, with reference to the. effect of Oahe and Garrison Reservoirs, North Dakota and South Dakota, on the sewage treatment facilities of the cities of Bismarck and Mandan, North Dakota, respectively, with a view to determining the extent, if any, of Federal participation in the sewage treatment facilities in equity without regard to limitation contained in existing Corps of Engineers protective and relocation plans.</p> <p class="firstIndent1 fontsize10">All streams in Santa Barbara County, California, draining the Santa Ynez Mountains, except Santa Ynez River and tributaries.</p> <p class="firstIndent1 fontsize10">Sacramento River Basin and streams in northern California draining into the Pacific Ocean for the purposes of developing, where feasible, multiple-purpose water resource projects, particularly those which would lie eligible under the provisions of title III of Public Law 85–500.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/319">72 Stat. 319</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s390b">43 USC 390b</ref>.</p></sidenote></p> <p class="firstIndent1 fontsize10">Battle Creek, Sacramento River, California.</p> <p class="firstIndent1 fontsize10">Kaskaskia River levees, Illinois; review of requirements of local cooperation.</p> <p class="firstIndent1 fontsize10">Puget Sound, Washington, and adjacent waters, including tributaries, in the interest of flood control, navigation, and other water uses and related land resources.</p> <p class="firstIndent1 fontsize10">Harbors and rivers in Hawaii, with a view to determining the advisability of improvements in the interest of navigation, flood control, hydroelectric power development, water supply, and other beneficial water uses, and related land resources.</p> <page identifier="/us/stat/76/1198">76 <inline class="smallCaps">Stat</inline>. 1198</page> <p class="firstIndent1 fontsize10">Waimea River, Kokee Area, Kauai, Hawaii, for multiple purposes.</p> <p class="firstIndent1 fontsize10">Waipio River, Kohala-Hamakua coast, Island of Hawaii, for multiple purpose development.</p> <p class="firstIndent1 fontsize10">Iao River, Wailuku, Maui, Hawaii.</p> </content> </section> <section class="firstIndent1 fontsize10"> <num value="210."><inline class="smallCaps">Sec</inline>. 210. </num><sidenote><p class="firstIndent1 fontsize8">Chicot County. Ark.</p><p class="firstIndent1 fontsize8">Bridge replacement authorized.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/894">58 Stat. 894</ref>.</p></sidenote><content class="inline">The Secretary of the Army acting through the Corps of Engineers is hereby authorized to replace with adequate floodway capacity the bridge over Boeuf River, Chicot County, Arkansas, approximately three miles north of the county line, and the bridge over Big Bayou, Chicot County, Arkansas, approximately two miles upstream from its confluence with the Boeuf River which were altered as part of the project for Boeuf and Tensas Rivers and Bayou Macon, authorized by the Flood Control Act of December 22, 1944, and which were recently destroyed by floods, at an estimated cost of $115,000.</content> </section> <section class="firstIndent1 fontsize10"> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num><sidenote><p class="firstIndent1 fontsize8">W. Kerr Scott Dam and Reservoir.</p><p class="firstIndent1 fontsize8">Designation.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/645">60 Stat. 645</ref>.</p></sidenote><content class="inline">The Wilkesboro Reservoir flood control project, Yadkin River, North Carolina, authorized by the Flood Control Act of 1946, shall hereafter be known and designated as the W. Kerr Scott Dam and Reservoir, in honor of the late Senator W. Kerr Scott of North Carolina. Any law, regulation, document, or record of the United States in which such project is designated or referred to shall be held and considered to refer to such project by the name of the W. Kerr Scott Dam and Reservoir.</content> </section> <section class="firstIndent1 fontsize10"> <num value="212"><inline class="smallCaps">Sec</inline>. 212. </num><sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote><content class="inline">Title II of this Act may be cited as the “<shortTitle role="act">Flood Control Act of 1962</shortTitle>”.</content> </section> </level> Approved October 23, 1962.
Public Law 87–875: To grant emergency officer s retirement benefits to certain persons who did not qualify therefor because their applications were not submitted before May 25, 1929. Public Law 875 Public Law 87–875 76 Stat. 1198 1962-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–875
AN ACT To grant emergency officer s retirement benefits to certain persons who did not qualify therefor because their applications were not submitted before May 25, 1929.

October 24, 1962

[H. R. 8517]

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

Veterans.

Officer’s retirement benefits.

72 Stat. 1263.

38 USC prec. pt. 1 notes.

That section 11 of Public Law 85–857 is amended (1) by inserting “(a)” immediately after “Sec. 11.”; and (2) by adding at the end thereof the following:

“(b) Any individual who, upon application therefor before May 25, 1929, would have been granted emergency officer’s retirement pay based upon 30 per centum or more disability under the Act of May 24, 1928 (45 Stat. 735), and who would have been entitled to continue to receive such pay under section 10 of Public Numbered 2, Seventy-third Congress, or under section 1 of Public Numbered 743, Seventy-sixth

48 Stat. 10.

54 Stat. 760.

Congress, and who upon being placed on the emergency officer’s retired list would have been paid retired pay at a monthly rate lower than the monthly rate of disability compensation then payable, shall, upon application made therefor after the date of enactment of this subparagraph to the Administrator of Veterans’ Affairs, be placed upon the appropriate emergency officer’s retired list, and thereafter shall be entitled to all rights, privileges, and benefits of retired emergency officers of World War I.”

The limitations of time contained in section 1905 of title 38, United

72 Stat. 1216.

States Code, are hereby waived in favor of Walter J. Johnson (Veterans’ Administration claim numbered (’-(C–6048500), and his application for

38 USC 1901–1905.

benefits under chapter 39 of title 38, United States Code, shall be acted upon under the remaining provisions of such chapter if he applies for such benefits within the six-month period which begins on the date of enactment of this Act.
Approved October 24, 1962.
Public Law 87–876: To grant emergency officer s retirement benefits to certain persons who did not qualify therefor because their applications were not submitted before May 25, 1929. Public Law 876 Public Law 87–876 76 Stat. 1199 1962-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1199 Public Law 87–876
AN ACT To grant emergency officer s retirement benefits to certain persons who did not qualify therefor because their applications were not submitted before May 25, 1929.

October 24, 1962

[H. R. 6371]

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

Internal Revenue.

Retirement income, limitations.

26 USC 37.
That section 37(d) of the Internal Revenue Code of 1954 (relating to limitation on retirement income) is amended to read as follows: “(d) Limitation on Retirement Income.—For purposes of subsection (a), the amount of retirement income shall not exceed $1,524 less— “(1) in the case of any individual, any amount received by the individual as a pension or annuity— “(A) under title II of the Social Security Act, “(B) under the Railroad Retirement Acts of 1935 or 1937, or “(C) otherwise excluded from gross income, and “(2) in the case of any individual who has not attained age 72 before the close of the taxable year— “(A) if such individual has not attained age 62 before the close of the taxable year, any amount of earned income (as defined in subsection (g) ) in excess of $900 received by such individual in the taxable year, or

42 USC 401–425.

49 Stat. 967.

45 USC 215–228.

50 Stat. 307.

45 USC 228a–228–1.

 “(B) if such individual has attained age 62 before the close of the taxable year, the sum of (i) one-half the amount of earned income received by such individual in the taxable year in excess of $1,200 but not in excess of $1,700, and (ii) the amount of earned income so received, in excess of $1,700.”
Sec. 2. The amendment made by the first section of this Act shall

Effective date.

 apply only to taxable years ending after the date of the enactment of this Act.
Sec. 3. (a) Section 461 of the Internal Revenue Code of 1954

Deductions.

Dividends or interest paid.

26 USC 461.

(relating to general rule for taxable year of deduction) is amended.by adding at the end thereof the following new subsection: “(e) Dividends or Interest Paid on Certain Deposits or Withdrawable Accounts.—Except as provided in regulations prescribed by the Secretary or his delegate, amounts paid to, or credited to the accounts of, depositors or holders of accounts as dividends or interest on their deposits or withdrawable accounts (if such amounts paid or credited are withdrawable on demand subject only to customary notice to withdraw) by a mutual savings bank not having capital stock represented by shares, a domestic building and loan association, or a cooperative bank shall not be allowed as a deduction for the taxable year to the extent such amounts are paid or credited for periods representing more than 12 months. Any such amount not allowed as a deduction as the result of the application of the preceding sentence shall be allowed as a deduction for such other taxable year as the Secretary or his delegate determines to be consistent with the preceding sentence.” (b) The amendment made by subsection (a) shall apply only with

Effective date.

respect to taxable years ending after December 31, 1962.
Approved October 24, 1962.
Public Law 87–877: To amend section 502 of the Merchant Marine Act, 1936, as amended, and for other purposes. Public Law 877 Public Law 87–877 76 Stat. 1200 1962-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1200 Public Law 87–877
AN ACT To amend section 502 of the Merchant Marine Act, 1936, as amended, and for other purposes.

October 24, 1962

[H. R. 11586]

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

Merchant Marine Act, 1936, amendment.

52 Stat. 956.
That section 502(b) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1152(b)), is hereby further amended to read as follows: “(b)

Construction differential subsidy.

 The amount of the reduction in selling price which is herein termed ‘construction differential subsidy’ may equal, but not exceed, the excess of the bid of the shipbuilder constructing the proposed vessel (excluding the cost of any features incorporated in the vessel for national defense uses, which shall be paid by the Secretary in addition to the subsidy), over the fair and reasonable estimate of cost, as determined by the Secretary, of the construction of the proposed vessel if it were constructed under similar plans and specifications (excluding national defense features as above provided) in a foreign shipbuilding center which is deemed by the Secretary to furnish a fair and representative example for the determination of the estimated foreign cost of construction of vessels of the type proposed to be constructed. The construction differential approved and paid by the Secretary shall not exceed 55 per centum of the construction cost of the vessel, except that in the case of reconstruction or reconditioning of a passenger vessel having the tonnage, speed, passenger

46 USC 1153.

accommodations and other characteristics set forth in section 503 of this Act, the construction differential approved and paid shall not exceed 60 per centum of the reconstruction or reconditioning cost (excluding the cost of national defense features as above provided): Provided, however, That after June 30, 1964, the construction differential approved by the Secretary shall not exceed in the case of the construction, reconstruction or reconditioning of any vessel, 50 per centum of such cost. When the Secretary finds that the construction differential in any case exceeds the foregoing applicable percentage of such cost, the Secretary may negotiate and contract on behalf of the applicant to construct, reconstruct, or recondition such vessel in a domestic shipyard at a cost which will reduce the construction differential to such applicable percentage or less. In the event that the Secretary has reason to believe that the bidding in any instance is collusive, he shall report all of the evidence on which he acted (1) to the Attorney General of the United States, and (2) to the President of the Senate and to the Speaker of the House of Representatives if the Congress shall be in session or if the Congress shall not be in session, then to the Secretary of the Senate and Clerk of the House, respectively.”
Sec. 2.

46 USC 1152.

 (a) The Merchant Marine Act, 1936 (49 Stat. 1985), is amended by striking out subsection (d) of section 502: Provided, however, That the repeal of subsection (d) of section 502 of the Merchant Marine Act, 1936, shall not be effective with respect to

46 USC 1151–1161.

contracts for new ship construction under title V of said Act awarded on the basis of bids opened prior to the date of the enactment of this Act. (b)

49 Stat. 2000.

 Section 509 of the Merchant Marine Act, 1936 (46 U.S.C. 1159), is amended by striking out And provided, That in case a vessel is to be constructed under this section for an applicant who has as his principal place of business a place on the Pacific coast of the United States” and all that follows in that section down through and including “maintains his principal place of business at any place on the Pacific coast.” and insert in lieu thereof a period. 76 Stat. 1201 (c) Section 213 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1123), is amended by striking out “a report” and inserting

49 Stat. 1991.

 in lieu thereof “reports” and by striking out “as soon as practicable”. (d) Paragraph (c) of said section 213 is amended by striking out the period at the end thereof and adding the following reports under this paragraph shall be made annually on the first day of July of each year.”. (e) The first sentence of subsection (f) of section 502 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1152), is amended

52 Stat. 957.

 by striking out “periodically” and inserting in lieu thereof “at least once each year”. (f) The second sentence of subsection (f) of section 502 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1152), is amended (1) by striking out the words “, with the approval of the President,” and (2) by striking out “existing inadequacy” and inserting in lieu thereof “existing or impending inadequacy”.
Sec. 3. The Act entitled “An Act to amend title V of the Merchant Marine Act, 1936, in order to change the limitation of the construction differential subsidy under such title, and for other purposes”, approved .July 7, 1960 (74 Stat. 362), is amended by inserting at the end thereof a new section as follows:
“Sec. 4. No official or employee of the United States Government nor any member of their immediate families may accept directly or indirectly free or at a reduced rate passenger travel or carriage of personal property on any ship sailing under a flag other than that of the United States. This restriction snail not apply to persons injured in accidents at sea and physicians and nurses attending such persons, and persons rescued at sea, and this restriction shall not apply to persons referred to in section 405(b) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1145(b)), relating to steamship companies carrying the mails of the United States. Any person who knowingly violates this section shall upon conviction thereof be fined not less than $500 nor more than $10,000 at the discretion of the courts for each such violation.”
Sec. 4. (a) During the one-year period which begins on the date of enactment of this Act, the provisions of section 27 of the Merchant Marine Act, 1920 (46 U.S.C. 883) shall be suspended with respect

49 Stat. 442.

 to the transportation of lumber to the Commonwealth of Puerto Rico from any ports or terminal areas in the United States whenever the Secretary of Commerce, after notice and opportunity for hearing, determines that there is no domestic vessel reasonably available to serve between such ports or terminal areas for the transportation of such lumber. Such determination shall be made within 45 days after application for suspension and shall be final and conclusive and no other official or any court of the United States shall have power or jurisdiction to review any such determination. Upon making the determination provided for in this section, the Secretary of Commerce shall establish such terms, conditions, and regulations with respect to operations under such suspension as he determines to be in the national interest. (b) Any suspension under the provisions of this Act shall terminate whenever the Secretary of Commerce determines that conditions required in the subsection (a) of this section for such suspension no longer exist, or upon the expiration of the one-year period which begins on the date of enactment of this Act, whichever first occurs. (c) No Federal laws shall apply to any water carrier because of operations under a suspension provided for in this Act if such laws did not apply to such carrier prior to such suspension.
76 Stat. 1202
Sec. 5.

Effective date.

The amendment made by the first section of this Act shall lie effective only with respect to contracts entered into with respect to (a) the construction of a vessel the keel of which w’as laid after June 30, 1959, or (b) the reconstruction or reconditioning of a vessel the shipyard contract for which was entered into after June 30, 1959, and the Secretary may, with the consent of the parties thereto, modify any such contract entered into prior to the date of the enactment of this Act to the extent authorized by the amendment made by this Act.
Approved October 24, 1962.
Public Law 87–878: To validate the coverage of certain State and local employees in the State of Arkansas under the agreement entered into by such State pursuant to section 218 of the Social Security Act, and for other purposes. Public Law 878 Public Law 87–878 76 Stat. 1202 1962-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public Public Law 87–878
AN ACT To validate the coverage of certain State and local employees in the State of Arkansas under the agreement entered into by such State pursuant to section 218 of the Social Security Act, and for other purposes.

October 24, 1962

[H. R. 12820]

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

Social security.

Coverage validation.

64 Stat. 514.

42 USC 418.
That, for purposes of the agreement under section 218 of the Social Security Act entered into by the State of Arkansas, where employees of an integral unit of a political subdivision of the State of Arkansas have in good faith been included under the State’s agreement as a coverage group on the basis that such integral unit of a political subdivision was a political subdivision, then such unit of the political subdivision shall, for purposes of section 218(b)(2) of such Act, be deemed to be a political subdivision, and employees performing services within such unit shall be deemed to be a coverage group, effective with the effective date specified in such agreement or modification of such agreement with respect to such coverage group and ending with the last day of the year m which this Act is enacted.
Sec. 2.

70 Stat. 826.

Section 218(p) of the Social Security Act is amended by inserting “Maine,” after “Kansas,”.
Sec. 3.

Tariff Act of 1930, amendment.

19 USC 1001, par. 1518.

19 USC 1201, par. 1722.

 (a) Paragraph 1518(a) of the Tariff Act of 1930 is amended— (1) by striking out “when bleached, 50 per centum ad valorem;”, and (2) by striking out “or other material above mentioned, shall be subject to the rate of duty provided in this paragraph for such materials” and inserting in lieu thereof “or other material above mentioned, or wholly or in chief value of any bleached natural grasses, grains, leaves, plants, shrubs, herbs, trees, or parts thereof provided for in paragraph 1722, shall be subject to the rate of duty provided for such materials”. (b) Paragraph 1722 of the Tariff Act of 1930 is amended by striking out “and” before “seaweeds”, and by inserting before the period at the end of such paragraph the following: “; and natural grasses, grains, leaves, plants, shrubs, herbs, trees, and parts thereof, not specially provided for, not further advanced than bleached”.
Sec. 4.

Effective date.

The amendments made by section 3 of this Act shall apply to articles entered, or withdrawn from warehouse, for consumption, after the date of the enactment of this Act.
Approved October 24, 1962.
Public Law 87–879: Milking appropriations for the Department of Agriculture and related agencies for the fiscal year ending June 30, 1963, and for other purposes. Public Law 879 Public Law 87–879 76 Stat. 1203 1962-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1203 Public Law 87–879
AN ACT Milking appropriations for the Department of Agriculture and related agencies for the fiscal year ending June 30, 1963, and for other purposes.

October 24, 1962

[H. R. 12648]

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

Department of Agriculture and Related Agencies Appropriation Act, 1963.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Agriculture and related agencies for the fiscal year ending June 30, 1963; namely:
DEPARTMENT OF AGRICULTURE <num value="I">TITLE I—</num><heading class="inline">GENERAL ACTIVITIES</heading> <appropriations level="intermediate"><heading>Agricultural Research Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">For expenses necessary to perform agricultural research relating to production, utilization, and home economics, to control and eradicate pests and plant and animal diseases, and to perform related inspection, quarantine and regulatory work, and meat inspection: <proviso><i>Provided</i>, That not to exceed $75,000 of the appropriations hereunder shall be available for employment pursuant to the second sentence of section<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/742">58 Stat. 742</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> 706(a) of the Organic Act of 1944 (5 U.S.C. 574), as amended by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a):</proviso> <proviso><i>Provided further</i>, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed two for replacement only:</proviso> <proviso><i>Provided further</i>, That, appropriations hereunder shall be available pursuant to title 5, United States Code, section 565a,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/742">58 Stat. 742</ref>.</p></sidenote> for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building (except headhouses connecting greenhouses) shall not exceed $15,000, except for four buildings to be constructed or improved at a cost not to exceed $30,000 each and one building to be constructed at a cost not to exceed $50,000, and the cost of altering any one building during the fiscal year shall not exceed $5,000 or 5 per centum of the cost of the building, whichever is greater:</proviso> <proviso><i>Provided further</i>, That the limitations on alterations contained in this Act shall not apply to a total of $100,000 for conversion of animal disease and parasite research facilities at Beltsville, Maryland:</proviso></p> <p class="firstIndent1 fontsize10">Research: For research and demonstrations on the production and utilization of agricultural products, home economics, and related research and services, and for acquisition of land by donation, exchange, or purchase at a nominal cost not to exceed $100, $77,473.000; plus additional amounts for research as follows: $325,(MM) for staffing new research laboratories, $670,000 for research on cost of production, and $4,875,000 for expanded utilization research; and plus the following amounts, to remain available until expended, for construction, alteration and equipping of facilities: $395,000 for soil and water research facilities at Sidney, Montana, $450,000 for poultry research facilities at East Lansing, Michigan, $400,000 for Mandan, North Dakota, $125,000 for the Southern Piedmont soil and water facility, $585,000 for Tucson, Arizona, $500,000 for the regional tree fruit and nut crops <page identifier="/us/stat/76/1204">76 <inline class="smallCaps">Stat</inline>. 1204</page>station in the Southeast, $165,000 for the research station at Carbondale, Illinois, and $160,000 for improvement of heating, water and electrical systems at the Agricultural Research Center at Beltsville, Maryland; in all, $86,123,000: <proviso><i>Provided</i>, That the limitations contained herein shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113(a) );</proviso></p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/198">62 Stat. 198</ref>.</p></sidenote>Plant and animal disease and nest control: For operations and measures, not otherwise provided for, to control and eradicate pests and plant and animal diseases and for carrying out assigned inspection, quarantine, and regulatory activities, as authorized by law, including expenses pursuant to the Act of February 28, 1947, as amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/61/7">61 Stat. 7</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665</ref>.</p></sidenote>(21 U.S.C 114b–c), $58,055,500, of which $1,500,000 shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended, for the control of outbreaks of insects and plant diseases to the extent necessary to meet emergency conditions: <proviso><i>Provided</i>, That, $150,000 shall be available, notwithstanding the foregoing limitations, for the construction and equipping of facilities and acquisition of the necessary land therefor by purchase, donation, or exchange:</proviso> <proviso><i>Provided further</i>, That no funds shall be used to formulate or administer a brucellosis eradication program for fiscal year 1964 that does not require minimum matching by any State of at least 40 per centum:</proviso> <proviso><i>Provided</i>, That, in addition, in emergencies which threaten the livestock or poultry industries of the country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as he may deem necessary, to be available only in such emergencies for the arrest and eradication of foot-and-mouth disease, rinderpest, contagious pleuropneumonia, or other contagious or infectious diseases of animals, or European fowl pest and similar diseases in poultry, and for expenses in accordance with the Act of February 28, 1947, as amended, and any unexpended balances of funds transferred under this head in the next preceding fiscal year shall be merged with such transferred amounts;</proviso></p> <p class="firstIndent1 fontsize10">Meat inspection: For carrying out the provisions of laws relating to Federal inspection of meat, and meat-food products, and the applicable provisions of the laws relating to process or renovated butter, $25,000,000.</p> <p class="firstIndent1 fontsize10">Special fund: To provide for additional labor to be employed under contracts and cooperative agreements to strengthen the work at research installations in the field, not more than $1,000,000 of the amount appropriated under this head for the previous fiscal year may be used by the Administrator of the Agricultural Research Service in departmental research programs in the current fiscal year, the amount so used to be transferred to and merged with the appropriation otherwise available under “<quotedText>Salaries and expenses, Research</quotedText>”.</p> </content> </appropriations> </appropriations> <appropriations level="small"><heading>salaries and expenses (special foreign currency program)</heading> <content class="firstIndent1 fontsize10">For purchase of foreign currencies which accrue under title I of the Agricultural Trade Development and Assistance Act of 1954, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/455">68 Stat. 455</ref>.</p></sidenote>amended (7 U.S.C. 1704), for market development research authorized by section 104(a), and for agricultural and forestry research authorized by section 104(k) of the Agricultural Trade <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/275">72 Stat. 275</ref>.</p></sidenote>Development and Assistance Act of 1954, as amended (7 U.S.C. 1704(a) (k) ), to remain available until expended, $5,265,000: <proviso><i>Provided</i>, That this appropriation shall be available, in addition to other appropriations for these purposes, for the purchase of the foregoing currencies:</proviso> <i>Provided further</i>, That funds appropriated herein shall be used to pur-<page identifier="/us/stat/76/1205">76 <inline class="smallCaps">Stat</inline>. 1205</page>chase such foreign currencies as the Department determines are needed and can be used most effectively to carry out the purposes of this paragraph, and such foreign currencies shall, pursuant to the provisions of section 104(a), be set aside for sale to the Department before foreign currencies which accrue under said title I are made available for other United States uses: <proviso><i>Provided further</i>, That not to exceed $25,000 of this appropriation shall be available for purchase of foreign currencies for expenses of employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), as amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/742">58 Stat. 742</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a).</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Cooperative State Experiment</heading> <heading class="smallCaps centered">Station Service</heading> <appropriations level="small"><heading>payments and expenses</heading> <content class="firstIndent1 fontsize10">For payments to agricultural experiment stations and other expenses, including $37,113,000 to carry into effect the provisions of the Hatch Act, approved March 2, 1887, as amended by the Act approved August 11, 1955 (7 U.S.C. 361a-361i), including administration<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/671">69 Stat. 671</ref>.</p></sidenote> by the United States Department of Agriculture; $500,000 for payments authorized under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623); $250,000 for penalty mail costs<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/1089">60 Stat. 1089</ref>.</p></sidenote> of agricultural experiment stations under section 6 of the Hatch Act of 1887, as amended; and $344,(XX) for necessary expenses of the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s361f">7 USC 361f</ref>.</p></sidenote> Cooperative State Experiment Station Service, including administration of payments to State agricultural experiment stations, of which not more than $25,000 shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), as amended by section 15 of the Act of August<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/742">58 Stat. 742</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> 2, 1946 (5 U.S.C. 55a); $38,207,000. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Extension Service</heading> <appropriations level="small"><heading>cooperative extension work, payments and expenses</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">Payments to States and Puerto Rico: For payments for cooperative agricultural extension work under the Smith-Lever Act, as amended by the Act of June 26, 1953 (7 U.S.C. 341–348), and the Act. of August 11<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/67/83">67 Stat. 83</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/683">69 Stat. 683</ref>.</p></sidenote>, 1955 (7 U.S.C. 347a), $62,020,000; and payments and contracts for such work under section 204(b)–205 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623–1624), $1,570,000; in all, $63,590,000: <proviso><i>Provided</i>, That funds hereby appropriated pursuant to section 3(c) of the Act of June 26, 1953, shall not be paid to any State or Puerto Rico prior to availability of an equal sum from non-Federal sources for expenditure during the current fiscal year.</proviso></p> <p class="firstIndent1 fontsize10">Retirement costs for extension agents: For cost of employer’s share of Federal retirement<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/1089">60 Stat. 1089</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s343">7 USC 343</ref>.</p></sidenote> for cooperative extension employees, $6,765,000. Penalty mail: For costs of penalty mail for cooperative extension agents and State extension directors, $2,490,000.</p> <p class="firstIndent1 fontsize10">Federal Extension Service: For administration of the Smith-Lever Act, as amended by the Act of June 26, 1953 (7 U.S.C. 341–348), and the Act of August 11, 1955 (7 U.S.C. 347a), and extension aspects of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627), and to coordinate and provide program leadership for the extension work of the Department and the several States and insular possessions, $2,499,500.</p> </content> </appropriations> </appropriations> <page identifier="/us/stat/76/1206">76 <inline class="smallCaps">Stat</inline>. 1206</page> <appropriations level="intermediate"><heading>Farmer Cooperative Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses to carry out the Act of July 2, 1926 (7 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/44/802">44 Stat. 802</ref>.</p></sidenote>U.S.C. 45157), $682,000. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Soil Conservation Service</heading> <appropriations level="small"><heading>conservation operations</heading> <content class="firstIndent1 fontsize10">For necessary expenses for carrying out the provisions of the Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/163">49 Stat. 163</ref>.</p></sidenote>of April 27, 1935 (16 U.S.C. 590a–590f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures as may be necessary to prevent floods and the siltation of reservoirs); operation of conservation nurseries; classification and mapping of soils; dissemination of information; purchase and erection or alteration of permanent buildings; and operation and maintenance of aircraft, $90,705,500: <proviso><i>Provided</i>, That the cost of any permanent building purchased, erected, or as improved, exclusive of the cost of constructing a water supply or sanitary system and connecting the same to any such building and with the exception of buildings acquired in conjunction with land being purchased for other purposes, shall not exceed $2,500, except for one building to be constructed at a cost not to exceed $25,000 and eight buildings to be constructed or improved at a cost not to exceed $15,000 per building and except that alterations or improvements to other existing permanent buildings costing $2,500 or more may lie made in any fiscal year in an amount not to exceed $500 per building:</proviso> <proviso><i>Provided further</i>, That no part of this appropriation shall lie available for the construction of any such building on land not owned by the Government:</proviso> <proviso><i>Provided further</i>,That no part of this appropriation may be expended for soil and water conservation operations under the Act of April 27, 1935 (16 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/163">49 Stat. 163</ref>.</p></sidenote>590a–590f), in demonstration projects:</proviso> <proviso><i>Provided further</i>, That not to exceed $5,000 may lie used for employment pursuant to the second <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/742">58 Stat. 742</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), as amended by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a):</proviso> <proviso><i>Provided further</i>, That qualified local engineers may be temporarily employed at per diem rates to perform the technical planning work of the service.</proviso> </content> </appropriations> </appropriations> <appropriations level="small"><heading>watershed protection</heading> <content class="firstIndent1 fontsize10">For expenses necessary to conduct surveys, investigations, and research and to carry out preventive measures, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act, approved August 4, 1954, as amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/666">68 Stat. 666</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/163">49 Stat. 163</ref>.</p></sidenote> (16 U.S.C. 1001–1008), and the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), to remain available until expended, $60,585,000, with which shall be merged the unexpended balances of funds heretofore appropriated or transferred to the Department for watershed protection purposes: <proviso><i>Provided</i>, That not to exceed $100,000 may be used for employment pursuant to the second sentence of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/742">58 Stat. 742</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>section 706(a) of the Organic Act of 1944 ( 5 U.S.C. 574), as amended by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a):</proviso> <proviso><i>Provided further</i>, That not to exceed $3,000,000, together with the unobligated balance of funds previously appropriated for loans and related expense, shall be available for such purposes.</proviso> </content> </appropriations> <page identifier="/us/stat/76/1207">76 <inline class="smallCaps">Stat</inline>. 1207</page> <appropriations level="small"><heading>flood prevention</heading> <content class="firstIndent1 fontsize10">For expenses necessary, in accordance with the Flood Control Act,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/1570">49 Stat. 1570</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/131">74 Stat. 131</ref>.</p></sidenote> approved June 22, 1936 (33 U.S.C. 701–709, 16 U.S.C. 1006a), as amended and supplemented, and in accordance with the provisions of laws relating to the activities of the Department, to perform works of improvement, including not to exceed $100,000 for employment pursuant to the second sentence of section 706(a) of the Organic Act of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/742">58 Stat. 742</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> 1944 (5 U.S.C. 574), as amended by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), to remain available until expended; $25,000,000, with which shall be merged the unexpended balances oi funds heretofore appropriated or transferred to the Department for Hood prevention purposes: <proviso><i>Provided</i>, That no part of such funds shall be used for the purchase of lands in the Yazoo and Little Tallahatchie watersheds without specific approval of the county board of supervisors of the county in which such lands are situated:</proviso> <proviso><i>Provided further</i>, That not to exceed $1,000,000, together with the unobligated balance of funds previously appropriated for loans and related expense, shall be available for such purposes.</proviso> </content> </appropriations> <appropriations level="small"><heading>great plains conservation program</heading> <content class="firstIndent1 fontsize10">For necessary expenses to carry into effect a program of conservation in the Great Plains area, pursuant to section 16(b) of the Soil Conservation and Domestic Allotment Act, as added by the Act of August 7, 1956 (16 U.S.C. 590p), $12,250,000, to remain available until<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/1115">70 Stat. 1115</ref>.</p></sidenote> expended. </content> </appropriations> <appropriations level="intermediate"><heading>Economic Research Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the Economic Research Service in conducting economic research and service relating to agricultural production, marketing, and distribution, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627), and other laws,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/1087">60 Stat. 1087</ref>.</p></sidenote> including economics of marketing; analyses relating to farm prices, income and population, and demand for farm products, use of resources in agriculture, adjustments, costs and returns in farming, and farm finance; and for analyses of supply and demand for farm products in foreign countries and their effect on prospects for United States exports, progress in economic development and its relation to sales of farm products, assembly and analysis of agricultural trade statistics and analysis of international financial and monetary programs and policies as they affect the competitive position of United States farm products; $9,500,000: <proviso><i>Provided</i>, That not less than $350,000 of the funds contained in this appropriation shall lie available to continue to gather statistics and conduct a special study on the price spread between the farmer and consumer:</proviso> <proviso><i>Provided further</i>, That not to exceed $75,000 of the appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), as amended by section 15 of the Act of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/742">58 Stat. 742</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> August 2, 1946 (5 U.S.C. 55a):</proviso> <proviso><i>Provided further</i>, That not less than $145,000 of the funds contained in this appropriation shall be available for analysis of statistics and related facts on foreign production and full and complete information on methods used by other countries to move farm commodities in world trade on a competitive basis.</proviso> </content> </appropriations> </appropriations> <page identifier="/us/stat/76/1208">76 <inline class="smallCaps">Stat</inline>. 1208</page> <appropriations level="intermediate"><heading>Statistical Reporting Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the Statistical Reporting Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and improvements, and marketing surveys, as authorized by the Agricultural Marketing Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/1087">60 Stat. 1087</ref>.</p></sidenote>of 1946 (7 U.S.C. 1621–1627) and other laws. $9,693,000: <proviso><i>Provided</i>,That no part of the funds herein appropriated shall be available for any expense incident to publishing estimates of apple production for other than the commercial crop.</proviso> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Agricultural Marketing Service</heading> <appropriations level="small"><heading>marketing research and service</heading> <content class="firstIndent1 fontsize10">For expenses necessary to carry on research and service to improve and develop marketing and distribution relating to agriculture as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/1087">60 Stat. 1087</ref>.</p></sidenote>1621–1627) and other laws, including the administration of marketing regulatory acts connected therewith; research and development, including related cost and efficiency evaluations, and services relating to agricultural marketing and distribution, for carrying out regulatory acts connected therewith, and for administration and coordination of payments to States; and not to exceed $25,000 for employment at rates not to exceed $50 per diem, except for employment in rate cases at not to exceed $100 per diem, pursuant to section 706(a) of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/742">58 Stat. 742</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>Organic Act of 1944 (5 U.S.C. 574), as amended by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), in carrying out section 201(a) to 201 (d), inclusive, of title II of the Agricultural Adjustment Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/36">52 Stat. 36</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1622">7 USC 1622</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/742">58 Stat. 742</ref>.</p></sidenote>1938 (7 U.S.C. 1291) and section 203(j) of the Agricultural Marketing Act of 1946, $39,794,500: <proviso><i>Provided</i>, That appropriations hereunder shall be available pursuant to 5 U.S.C. 565a for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of erecting any one building shall not exceed $15,000, except for two buildings to be constructed or improved at a cost not to exceed $30,000 each, and the cost of altering any one building during the fiscal year shall not exceed $5,000 or 5 per centum of the cost of the building, whichever is greater.</proviso> </content> </appropriations> </appropriations> <appropriations level="small"><heading>payments to states and possessions</heading> <content class="firstIndent1 fontsize10">For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/1089">60 Stat. 1089</ref>.</p></sidenote>1623(b)), $1,425,000. </content> </appropriations> <appropriations level="small"><heading>special milk program</heading> <content class="firstIndent1 fontsize10">For necessary expenses to carry out the Special Milk Program, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1446">7 USC 1446 note</ref>.</p></sidenote>authorized by the Act of August 8, 1961 (75 Stat. 319), $105,000,000. </content> </appropriations> <appropriations level="small"><heading>school lunch program</heading> <content class="firstIndent1 fontsize10">For necessary expenses to carry out the provisions of the National <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/230">60 Stat. 230</ref>.</p></sidenote>School Lunch Act (42 U.S.C. 1751–1760), $125,000,000: <proviso><i>Provided</i>,That no part of this appropriation shall lie used for nonfood <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1754">42 USC 1754</ref>.</p></sidenote>assistance under section 5 of said Act:</proviso> <proviso><i>Provided further</i>, That $45,000,000 shall be transferred to this appropriation from funds available under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/774">49 Stat. 774</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s612c">7 USC 612c</ref>.</p></sidenote>section 32 of the Act of August 24, 1935, for purchase and distribution of agricultural commodities and other foods pursuant to section 6 of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1755">42 USC 1755</ref>.</p></sidenote>the National School Lunch Act.</proviso> </content> </appropriations> <page identifier="/us/stat/76/1209">76 <inline class="smallCaps">Stat</inline>. 1209</page> <appropriations level="intermediate"><heading>Foreign Agricultural Service</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses for the Foreign Agricultural Service, including carrying out title VI of the Agricultural Act of 1954 (7 U.S.C. 1761–1768), market development activities abroad, and for enabling<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/908">68 Stat. 908</ref>.</p></sidenote> the Secretary to coordinate and integrate activities of the Department in connection with foreign agricultural work, including not to exceed $35,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/1034">70 Stat. 1034</ref>.</p></sidenote> $16,895,000: <proviso><i>Provided</i>, That not less than $255,000 of the funds contained in this appropriation shall be available to obtain statistics and related facts on foreign production and full and complete information on methods used by other countries to move farm commodities in world trade on a competitive basis:</proviso> <proviso><i>Provided further</i>, That, in addition, not to exceed $3,117,000 of the funds appropriated by section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612c), shall be merged<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/774">49 Stat. 774</ref>.</p></sidenote> with this appropriation and shall be available for all expenses of the Foreign Agricultural Service.</proviso> </content> </appropriations> </appropriations> <appropriations level="small"><heading>salaries and expenses (special foreign currency program)</heading> <content class="firstIndent1 fontsize10">For purchase of foreign currencies which accrue under title I of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), for market development activities authorized<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/455">68 Stat. 455</ref>.</p></sidenote> by section 104(a) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704(a)), $4,000,000, to remain available until expended: <proviso><i>Provided</i>, That funds appropriated herein shall be used to purchase such foreign currencies as the Department determines are needed and can be used most effectively to carry out the purposes of this paragraph, and such foreign currencies shall, pursuant to the provisions of section 104(a), be set aside for sale to the Department before foreign currencies which accrue under said title I are made available for other United States uses:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available, in addition to other appropriations for these purposes, for the purchase of the foregoing currencies.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Commodity Exchange Authority</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses to carry into effect the provisions of the Commodity Exchange Act, as amended (7 U.S.C. 1–17a), $1,022,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/42/998">42 Stat. 998</ref>:</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/1491">49 Stat. 1491</ref>.</p></sidenote> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Agricultural Stabilization and Conservation Service</heading> <appropriations level="small"><heading>expenses, agricultural stabilization and conservation service</heading> <content class="firstIndent1 fontsize10">For necessary administrative expenses to formulate and carry out programs authorized by title III of the Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1301–1393); Sugar Act of 1948 (7 U.S.C. 1101–1161); sections 7 to 15, 16(a), 16(d), and 17 of the Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C. 590g–590o, 590p(a), and 590q) as added by section 132 of the Act of August 8, 1961; and subtitles B and C of the Soil Bank Act (7 U.S.C. 1831–1837, 1802–1814, and 1816), $95,423,000: <proviso><i>Provided</i>, That, in addition, not to exceed $51,379,500 may be transferred to and merged with this appropriation from the Commodity Credit Corporation fund, and additional amounts not to exceed $30,000,000, may be transferred con-<page identifier="/us/stat/76/1210">76 <inline class="smallCaps">Stat</inline>. 1210</page>tingent upon the enactment of H.R. 12391, Food and Agriculture Act <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 605.</p></sidenote>of 1962.</proviso> </content> </appropriations> <appropriations level="small"><heading>sugar act program</heading> <content class="firstIndent1 fontsize10">For necessary expenses to carry into effect the provisions of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/61/922">61 Stat. 922</ref>.</p></sidenote>Sugar Act of 1948 ( 7 U.S.C. 1101–1161), $77,650,000, to remain available until June 30 of the next succeeding fiscal year. </content> </appropriations> <appropriations level="small"><heading>agricultural conservation program</heading> <content class="firstIndent1 fontsize10">For necessary expenses to carry into effect the program authorized in sections 7 to 15,16(a), and 17 of the Soil Conservation and Domestic Allotment Act, approved February 29, 1936, as amended (16 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/1149">49 Stat. 1149</ref>.</p></sidenote>590g–590(o), 590p(a), and 590q), including not to exceed $6,000 for the preparation and display of exhibits, including such displays at State, interstate, and international fairs within the United States, $212,900,000, to remain available until December 31 of the next succeeding fiscal year for compliance with the programs of soil-building and soil- and water-conserving practices authorized under this head in the Department of Agriculture and Related Agencies Appropriation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/236">74 Stat. 236</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/233">75 Stat. 233</ref>.</p></sidenote>Acts, 1961 and 1962, carried out during the period July 1, 1960, to December 31, 1962, inclusive: <proviso><i>Provided</i>, That none of the funds herein appropriated shall be used to pay the salaries or expenses of any regional information employees or any State information employees, but this shall not preclude the answering of inquiries or supplying of information at the county level to individual farmers:</proviso> <proviso><i>Provided further</i>, That no portion of the funds for the 1963 program may be utilized to provide financial or technical assistance for drainage on wetlands now designated as Wetland Types 3(111), 4(IV), and 5(V) in United States Department of the Interior, Fish and Wildlife Service Circular 39, Wetlands of the United States, 1956:</proviso> <proviso><i>Provided further</i>, That necessary amounts shall be available for administrative expenses in connection with the formulation and administration of the 1963 program of soil-building and soil- and water-conserving practices, including related wildlife conserving practices, under the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/1148">49 Stat. 1148</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s590g-590q">16 USC 590g–590q</ref>.</p></sidenote>Act of February 29, 1936, as amended (amounting to $250,000,000, including administration, except that no participant shall receive more than $2,500, except where the participants from two or more farms or ranches join to carry out approved practices designed to conserve or improve the agricultural resources of the community):</proviso> <proviso><i>Provided further</i>, That not to exceed 5 per centum of the allocation for the 1963 agricultural conservation program for any county may, on the recommendation of such county committee and approval of the State committee, be withheld and allotted to the Soil Conservation Service for services of its technicians in formulating and carrying out the agricultural conservation program in the participating counties, and shall not be utilized by the Soil Conservation Service for any purpose other than technical and other assistance in such counties, and in addition, on the recommendation of such county committee and approval of the State committee, not to exceed 1 per centum may be made available to any other Federal, State, or local public, agency for the same purpose and under the same conditions:</proviso> <proviso><i>Provided further</i>,That for the 1963 program $2,500,000 shall be available for technical assistance in formulating and carrying out agricultural conservation practices:</proviso> <proviso><i>Provided further</i>, That such amounts shall be available for the purchase of seeds, fertilizers, lime, trees, or any other farming material, or any soil-terracing services, and making grants thereof to agricultural producers to aid them in carrying out fanning practices approved by the Secretary under programs provided for herein:</proviso> <i>Provided further</i>, That no part of any funds available to the Depart-<page identifier="/us/stat/76/1211">76 <inline class="smallCaps">Stat</inline>. 1211</page>ment, or any bureau, office, corporation, or other agency constituting a part of such Department, shall be used in the current fiscal year for the payment of salary or travel expenses of any person who has been convicted of violating the Act entitled “An Act to prevent pernicious political activities”, approved August 2, 1939, as amended, or who has <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/53/1147">53 Stat. 1147</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/54/767">54 Stat. 767</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1181">5 USC 1181</ref> <i>et seq</i>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/792">62 Stat. 792</ref>.</p></sidenote>been found in accordance with the provisions of title 18, United States Code, section 1913, to have violated or attempted to violate such section which prohibits the use of Federal appropriations for the payment of personal services or other expenses designed to influence in any manner a Member of Congress to favor or oppose any legislation or appropriation by Congress except upon request of any Member or through the proper official channels. </content> </appropriations> <appropriations level="small"><heading>conservation reserve program</heading> <content class="firstIndent1 fontsize10">For necessary expenses to carry out a conservation reserve program as authorized by subtitles B and C of the Soil Bank Act (7 U.S.C.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/191">70 Stat. 191</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/552">73 Stat. 552</ref>.</p></sidenote> 1831–1837, 1802–1814, and 1816), and to carry out liquidation activities for the acreage reserve program, to remain available until expended, $300,000,000, with which may be merged the unexpended balances of funds heretofore appropriated for soil bank programs: <proviso><i>Provided</i>, That no part of these funds shall be paid on any contract which is illegal under the law due to the division of lands for the purpose of evading limits on annual payments to participants.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Office of the General Counsel</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses, including payment of fees or dues for the use of law libraries by attorneys in the field service, $3,695,000. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of Information</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the Office of Information for the dissemination of agricultural information and the coordination of informational work and programs authorized by Congress in the Department, $1,610,000, of which total appropriation not to exceed $537,000 may be used for farmers’ bulletins, which shall be adapted to the interests of the people of the different sections of the country, an equal proportion of four-fifths of which shall be delivered to or sent out under the addressed franks furnished by the Senators, Representatives, and Delegates in Congress, as they shall direct (7 U.S.C. 417), and not<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/34/690">34 Stat. 690</ref>.</p></sidenote> less than two hundred and thirty-three thousand and fifty copies for the use of the Senate and House of Representatives of part 2 of the annual report of the Secretary (known as the Yearbook of Agriculture) as authorized by section 73 of the Act of January 12, 1895 (44 U.S.C. 241): <proviso><i>Provided</i>, That in the preparation of motion pictures or<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/28/612">28 Stat. 612</ref>.</p></sidenote> exhibits by the Department, not exceeding a total of $10,000 may be used for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (5 U.S.C. 574), as amended by section 15<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/742">58 Stat. 742</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> of the Act of August 2, 1946 (5 U.S.C. 55a).</proviso> </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Agricultural Library</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the National Agricultural Library, $1,153,500. </content> </appropriations> </appropriations> <page identifier="/us/stat/76/1212">76 <inline class="smallCaps">Stat</inline>. 1212</page> <appropriations level="intermediate"><heading>General Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the Office of the Secretary of Agriculture and for general administration of the Department of Agriculture, including expenses of the National Agricultural Advisory Commission; repairs and alterations; and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department of Agriculture; $3,341,000: <proviso><i>Provided</i>, That this appropriation shall be reimbursed from applicable appropriations for travel expenses incident to the holding of hearings as required by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/237">60 Stat. 237</ref>.</p></sidenote>the Administrative Procedures Act (5 Ü.S.C. 1001):</proviso> <proviso><i>Provided further</i>, That not to exceed $2,500 of this amount shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary:</proviso> <proviso><i>Provided further</i>, That not to exceed $225,000 shall be transferred by the Secretary from other appropriations available to the Department of Agriculture for the expenses of the Office of Internal Audit and Inspection.</proviso> </content> </appropriations> </appropriations> </appropriations> <num value="II">TITLE II—</num><heading class="inline">CREDIT AGENCIES</heading> <appropriations level="intermediate"><heading>Rural Electrification Administration</heading> <chapeau class="firstIndent1 fontsize10">To carry into effect the provisions of the Rural Electrification Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/1363">49 Stat. 1363</ref>.</p></sidenote>of 1936, as amended (7 U.S.C. 901–924), as follows: </chapeau> <appropriations level="small"><heading>loan authorizations</heading> <content class="firstIndent1 fontsize10">For loans in accordance with said Act, and for carrying out the provisions of section 7 thereof, to be borrowed from the Secretary of the Treasury in accordance with the provisions of section 3(a) of said <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s907/903">7 USC 907, 903</ref>.</p></sidenote>Act, as follows: Rural electrification program, $400,000,000, of which $100,000,000 shall be placed in reserve to be borrowed under the same terms and conditions to the extent that such amount is required during the fiscal year 1963 under the then existing conditions for the expeditious and orderly development of the rural electrification and rural telephone programs; and rural telephone program, $80,000,000. </content> </appropriations> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For administrative expenses, including not to exceed $500 for financial and credit reports, and not to exceed $150,000 for employment pursuant to the second sentence of section 706(a) of the Organic Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/56/742">56 Stat. 742</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/610">60 Stat. 610</ref>.</p></sidenote>of 1944 (5 U.S.C. 574), as amended by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), $10,024,000. </content> </appropriations> <appropriations level="intermediate"><heading>Farmers Home Administration</heading> <appropriations level="small"><heading>direct loan account</heading> <content class="firstIndent1 fontsize10">Direct loans and advances under subtitles A and B, and advances under section 335(a) for which funds are not otherwise available, of the Consolidated Farmers Home Administration Act of 1961 (75 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1985">7 USC 1985</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1921">7 USC 1921</ref> note.</p></sidenote>Stat. 307) may be made from funds available in the Farmers Home Administration direct loan account as follows: real estate loans, $50,000,000; and operating loans, $290,000,000, of which $50,000,000 shall be placed in reserve to be used only to the extent required during the fiscal year 1963 under the then existing conditions for the expeditious and orderly conduct of the loan program. </content> </appropriations> </appropriations> <page identifier="/us/stat/76/1213">76 <inline class="smallCaps">Stat</inline>. 1213</page> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the Farmers Home Administration, not otherwise provided for, in administering the programs authorized by the Consolidated Farmers Home Administration Act of 1961 (75 Stat. 307), title V of the Housing Act of 1949, as amended (42 U.S.C. 1471–1484),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1921">7 USC 1921</ref> note.</p></sidenote> and the Rural Rehabilitation Corporation Trust Liquidation Act, approved May 3, 1950 (40 U.S.C. 440 444); $34,582,000, together with not more than $1,050,000 of the charges collected in connection with the insurance of loans as authorized by section 309(e) of the Consolidated Farmers Home Administration Act of 1961, and section<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/309">75 Stat. 309</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1929">7 USC 1929</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1484">42 USC 1484</ref>.</p></sidenote> 514(b) (3) of the Housing Act of 1949, as amended. </content> </appropriations> </appropriations> <num value="III">TITLE III—</num><heading class="inline">CORPORATIONS</heading> <chapeau class="firstIndent1 fontsize10">The following corporations and agencies are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/61/584">61 Stat. 584</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote> out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided: </chapeau> <appropriations level="intermediate"><heading>Federal Crop Insurance Corporation</heading> <appropriations level="small"><heading>administrative and operating expenses</heading> <content class="firstIndent1 fontsize10">For administrative and operating expenses, $6,799,000. </content> </appropriations> </appropriations> <appropriations level="small"><heading>federal crop insurance corporation fund</heading> <content class="firstIndent1 fontsize10">Not to exceed $3,080,000 of administrative and operating expenses may be paid from premium income. </content> </appropriations> <appropriations level="intermediate"><heading>Commodity Credit Corporation</heading> <appropriations level="small"><heading>reimbursement for net realized losses</heading> <content class="firstIndent1 fontsize10">To partially reimburse the Commodity Credit Corporation for net realized losses sustained during the fiscal year ending June 3.0, 1961, pursuant to the Act of August 17, 1961 (75 Stat. 391), $2,278,455,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s713a/11">15 USC 7 13a–11</ref></p></sidenote> </content> </appropriations> </appropriations> <appropriations level="small"><heading>reimbursement for special milk program</heading> <content class="firstIndent1 fontsize10">To reimburse the Commodity Credit Corporation for amounts advanced for the fiscal year beginning July 1, 1961, for the special milk program for children pursuant to the Act of July 1, 1958, as amended (7 U.S.C. 1446; 75 Stat. 147–148, 319), $95,000,000. </content> </appropriations> <appropriations level="small"><heading>limitation on administrative expenses</heading> <content class="firstIndent1 fontsize10">Nothing in this Act shall be so construed as to prevent the Commodity Credit Corporation from carrying out any activity or any program authorized by law: <proviso><i>Provided</i>, That not to exceed $43,188,500 shall be available for administrative expenses of the Corporation:</proviso> <proviso><i>Provided further</i>, That $1,000,000 of this authorization shall be available only to expand and strengthen the sales program of the Corporation pursuant to authority contained in the Corporation’s charter:</proviso> <proviso><i>Provided further</i>, That not less than 7 per centum of this authorization shall be placed in reserve to be apportioned pursuant to section 3679 <page identifier="/us/stat/76/1214">76 <inline class="smallCaps">Stat</inline>. 1214</page><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665</ref>.</p></sidenote>of the Revised Statutes, as amended, for use only in such amounts and at such times as may become necessary to carry out program operations:</proviso> <proviso><i>Provided further</i>, That all necessary expenses (including legal and special services performed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Corporation or in which it has an interest, including expenses of collections of pledge collateral, shall be considered as nonadministrative expenses for the purposes hereof.</proviso> </content> </appropriations> <num value="IV">TITLE IV—</num><heading class="inline">FOREIGN ASSISTANCE PROGRAMS</heading> <appropriations level="intermediate"><heading>Public Law 480</heading> <content class="firstIndent1 fontsize10">For expenses during fiscal year 1963, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/455/457">68 Stat. 455, 457</ref>; <ref href="/us/stat/73/606">73 Stat. 606</ref>.</p></sidenote>amended (7 U.S.C. 1701–1709, 1721–1724, 1731–1736), to remain available until expended, as follows: (1) Sale of surplus agricultural commodities for foreign currencies pursuant to title I of said Act, $1,080,632,000; (2) commodities disposed of for emergency famine relief to friendly peoples pursuant to title II of said Act, $250,000,000; and (3) long-term supply contracts pursuant to title IV of said Act, $40,000,000. </content> </appropriations> <appropriations level="intermediate"><heading>International Wheat Agreement</heading> <content class="firstIndent1 fontsize10">For expenses during fiscal year 1963 and unrecovered prior years’ cost, including interest thereon, under the International Wheat Agreement Act of 1949, as amended (7 U.S.C. 1641–1642), $81,218,000, to remain available until expended. </content> </appropriations> <appropriations level="intermediate"><heading>Bartered Materials for Supplemental Stockpile</heading> <content class="firstIndent1 fontsize10">For expenses during fiscal year 1963 and unrecovered prior years’ costs related to strategic and other materials acquired as a result of barter or exchange of agricultural commodities or products and transferred to the supplemental stockpile pursuant to Public Law 540, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/200">70 Stat. 200</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/73/611">73 Stat. 611</ref>.</p></sidenote>Eighty-fourth Congress (7 U.S.C. 1856), $125,000,000, to remain available until expended. </content> </appropriations> <num value="V">TITLE V—</num><heading class="inline">RELATED AGENCIES</heading> <appropriations level="intermediate"><heading>Farm Credit Administration</heading> <appropriations level="small"><heading>limitation on administrative expenses</heading> <content class="firstIndent1 fontsize10">Not to exceed $2,565,000 (from assessments collected from farm credit agencies) shall be obligated during the current fiscal year for administrative expenses. </content> </appropriations> </appropriations> 76 Stat. 1215 <num value="VI">TITLE VI—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num><content class="inline">Within the unit limit of cost fixed by law, appropriations<sidenote><p class="firstIndent1 fontsize8">Passenger motor vehicles.</p></sidenote> and authorizations made for the Department under this Act shall lie available for the purchase, in addition to those specifically provided for, of not to exceed four hundred and seventy-six passenger motor vehicles, of which four hundred and forty-three shall be for replacement only, and for the hire of such vehicles.</content> </section> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num><content class="inline">Provisions of law prohibiting or restricting the employment<sidenote><p class="firstIndent1 fontsize8">Employment of aliens.</p></sidenote> of aliens shall not apply to employment under the appropriation for the Foreign Agricultural Service.</content> </section> <section class="firstIndent1 fontsize10"> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num><content class="inline">Funds available to the Department of Agriculture shall be available for uniforms or allowances therefor as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1114">68 Stat. 1114</ref>.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num><content class="inline">No part of the funds appropriated by this Act shall be used<sidenote><p class="firstIndent1 fontsize8">Restriction.</p></sidenote> for the payment of any officer or employee of the Department who, as such officer or employee, or on behalf of the Department or any division, commission, or bureau thereof, issues, or causes to be issued, any prediction, oral or written, or forecast, except as to damage threatened or caused by insects and pests, with respect to future prices of cotton or the trend of same.</content> </section> <section class="firstIndent1 fontsize10"> <num value="605"><inline class="smallCaps">Sec</inline>. 605. </num><content class="inline">Except to provide materials required in or incident to<sidenote><p class="firstIndent1 fontsize8">Twine.</p></sidenote> research or experimental work where no suitable domestic product is available, no part of the funds appropriated by this Act shall be expended in the purchase of twine manufactured from commodities or materials produced outside of the United States.</content> </section> <section class="firstIndent1 fontsize10"> <num value="606"><inline class="smallCaps">Sec</inline>. 606. </num><content class="inline"> <p class="inline">Not less than $1,500,000 of the appropriations of the<sidenote><p class="firstIndent1 fontsize8">Contracting.</p></sidenote> Department for research and service work authorized by the Acts of August 14, 1946, July 28, 1954, and September 6, 1958 (7 U.S.C. 427, 1621–1629; 42 U.S.C. 1891–1893), shall be available for contracting<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/1082/1087">60 Stat. 1082, 1087</ref>; <ref href="/us/stat/72/1793">72 Stat. 1793</ref>.</p></sidenote> in accordance with said Acts.</p> <p class="firstIndent1 fontsize10">This Act may be cited as the “<shortTitle role="act">Department of Agriculture and<sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote> Related Agencies Appropriation Act, 1963</shortTitle>”.</p> </content> </section> Approved October 24, 1962.
Public Law 87–880: Making appropriations for certain civil functions administered by the Department of Defense, certain agencies of the Department of the Interior, the Atomic Energy Commission, the Saint Lawrence Seaway Development Corporation, the Tennessee Valley Authority and certain river basin commissions for the fiscal year ending June 30, 1963, and for other purposes. Public Law 880 Public Law 87–880 76 Stat. 1216 1962-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 872public 76 Stat. 1216 Public Law 87–880
AN ACT Making appropriations for certain civil functions administered by the Department of Defense, certain agencies of the Department of the Interior, the Atomic Energy Commission, the Saint Lawrence Seaway Development Corporation, the Tennessee Valley Authority and certain river basin commissions for the fiscal year ending June 30, 1963, and for other purposes.

October 24, 1962

[H. R. 12900]

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

Public Works Appropriation Act, 1963.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1963, for certain civil functions administrated by the Department of Defense, certain agencies of the Department of the Interior, the Atomic Energy Commission, the Saint Lawrence Seaway Development Corporation, the Tennessee Valley Authority and certain river basin commissions, and for other purposes, namely:
<num value="I">TITLE I—</num><heading class="inline">DEPARTMENT OF DEFENSE—CIVIL</heading> <appropriations level="intermediate"><heading>Department of the Army</heading> <heading class="smallCaps centered">Cemeterial Expenses</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary cemeterial expenses as authorized by law, including maintenance, operation, and improvement of national cemeteries, and purchase of headstones and markers for unmarked graves; purchase of one passenger motor vehicle for replacement only; maintenance of that portion of Congressional Cemetery to which the United States has title, Confederate burial places under the jurisdiction of the Department of the Army, and graves used by the Army in commercial cemeteries; $10,276,000: <proviso><i>Provided</i>, That this appropriation shall not be used to repair more than a single approach road to any national cemetery:</proviso> <proviso><i>Provided further</i>, That this appropriation shall not be obligated for construction of a superintendent’s lodge or family quarters at a cost per unit in excess of $17,000, but such limitation may be increased by such additional amounts as may be required to provide office space, public comfort rooms, or space for the storage of Government property within the same structure:</proviso> <proviso><i>Provided further</i>, That reimbursement shall be made to the applicable military appropriation for the pay and allowances of any military personnel performing services primarily for the purposes of this appropriation.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Corps of Engineers—Civil</heading> <content class="firstIndent1 fontsize10">The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes: </content> </appropriations> <appropriations level="small"><heading>general investigations</heading> <content class="firstIndent1 fontsize10">For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, and when authorized by law, surveys and studies (including cooperative beach erosion studies as authorized in Public <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/46/945">46 Stat. 945</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/484">74 Stat. 484</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s426">33 USC 426</ref>.</p></sidenote>Law 520, approved July 3, 1930, as amended and supplemented), of projects prior to authorization for construction, $17,870,300, to remain <page identifier="/us/stat/76/1217">76 <inline class="smallCaps">Stat</inline>. 1217</page>available until expended: <proviso><i>Provided</i>, That $100,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563–565)<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s661">16 USC 661</ref> note.</p></sidenote> to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Department of the Army.</proviso> </content> </appropriations> <appropriations level="small"><heading>construction, general</heading> <content class="firstIndent1 fontsize10">For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by law; and detailed studies, and plans and specifications, of projects (including those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction); $792,845,500, to remain available until expended: <proviso><i>Provided</i>, That no part of this<sidenote><p class="firstIndent1 fontsize8">Restriction.</p></sidenote> appropriation shall be used for projects not authorized by law or which are authorized by law limiting the amount to be appropriated therefor, except as may be within the limits of the amount now or hereafter authorized to be appropriated:</proviso> <proviso><i>Provided further</i>, That none of the funds appropriated for “Construction, General”, m this Act shall be used on the project “Missouri River, Kansas City to mouth”, for any purpose other than bank stabilization work:</proviso> <proviso><i>Provided further</i>,That $600,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563–565) to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Department of the Army.</proviso> </content> </appropriations> <appropriations level="small"><heading>operation and maintenance, general</heading> <content class="firstIndent1 fontsize10">For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality or other public agency, outside or harbor lines, and serving essential needs of general commerce and navigation; financing the United States share of the cost of operation and maintenance of remedial works in the Niagara River; activities of the California Debris Commission; administration of laws pertaining to preservation of navigable waters; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; removal of obstructions to navigation; and rescue work, and repair, or restoration of flood control projects threatened or destroyed by flood; $143,539,000, to remain available until expended. </content> </appropriations> <appropriations level="small"><heading>general expenses</heading> <content class="firstIndent1 fontsize10">For expenses necessary for general administration and related functions in the Office of the Chief of Engineers and offices of the Division Engineers; activities of the Board of Engineers for Rivers and Harbors and the Beach Erosion Board; commercial statistics; and miscellaneous investigations; $13,580,000. </content> </appropriations> <page identifier="/us/stat/76/1218">76 <inline class="smallCaps">Stat</inline>. 1218</page> <appropriations level="small"><heading>flood control, mississippi river and tributaries</heading> <content class="firstIndent1 fontsize10">For expenses necessary for prosecuting work of flood control, and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/45/534">45 Stat. 534</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/1511">49 Stat. 1511</ref>.</p></sidenote>U.S.C. 702a, 702g–1), $73,504,000, to remain available until expended: <proviso><i>Provided</i>, That funds herein appropriated for planning on Cache River, Arkansas, shall be used to the extent necessary to study the effect of the project on agricultural lands along the lower Cache River and along the White River downstream from the confluence to determine whether additional protection should be provided for these lands in connection with the Cache River project and for preparation and submission of a report thereon to the Appropriation Committees.</proviso> </content> </appropriations> <appropriations level="small"><heading>united states section, saint lawrence river joint board of engineers</heading> <content class="firstIndent1 fontsize10">For necessary expenses of the United States section of the Saint Lawrence River Joint Board of Engineers, established by Executive <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/cfr/t3/s1949/1953">3 CFR 1949–1953, Comp., p. 978</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>Order 10500, dated November 4, 1953, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $100 per day for individuals; $20,000: <proviso><i>Provided</i>, That no part of these funds shall be obligated until agreement has been entered into, by the United States Government and the United States entity authorized to construct the power works in the International Rapids section of the Saint Lawrence River, providing for the reimbursement of the expenditures of the United States section of this Board by the construction entity.</proviso> </content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content class="firstIndent1 fontsize10">Appropriations in this title shall be available for expenses of attendance by military personnel of meetings in the manner <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s2318">5 USC 2318</ref>.</p></sidenote>authorized by section 19(b) of the Act of July 7, 1958 ( 72 Stat. 336), uniforms, or allowances therefor, as authorized by the Act of September <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1114">68 Stat. 1114</ref>.</p></sidenote>1, 1954, as amended (5 U.S.C. 2131), and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; and during the current fiscal year the revolving fund, Corps of Engineers, shall be available for purchase (not to exceed two hundred and sixteen, of which one hundred and ninety shall be for replacement only) and hire of passenger motor vehicles. </content> </appropriations> <appropriations level="intermediate"><heading>The Panama Canal</heading> <heading class="smallCaps centered">Canal Zone Government</heading> <appropriations level="small"><heading>operating expenses</heading> <content class="firstIndent1 fontsize10">For operating expenses necessary for the Canal Zone Government? including operation of the Postal Service of the Canal Zone; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); expenses incident to conducting hearings on the Isthmus; expenses of special training of employees of the Canal Zone Government as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/76A/1">76A Stat. 1</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/327">72 Stat. 327</ref>.</p></sidenote>authorized by law (2 C.Z. Code, Sec. 85 as added by 63 Stat. 602; 5 U.S.C. 2301 et seq.); contingencies of the Governor; residence for the Governor; medical aid and support of the insane and of lepers and aid and support of indigent persons legally within the Canal Zone, including expenses of their deportation when practicable; <page identifier="/us/stat/76/1219">76 <inline class="smallCaps">Stat</inline>. 1219</page> remodeling Army buildings, in the Canal Zone, for temporary use as school classrooms; and payments of not to exceed $50 in any one case to persons within the Government service who shall furnish blood for transfusions; $22,772,000. </content> </appropriations> </appropriations> <appropriations level="small"><heading>capital outlay</heading> <content class="firstIndent1 fontsize10">For acquisition of land and land under water and acquisition, construction, and replacement of improvements, facilities, structures, and equipment, as authorized by law (2 C.Z. Code, <inline class="smallCaps">Sec</inline>. 3; 2 C.Z. Code, <inline class="smallCaps">Sec</inline>. 16, as added by 63 Stat. 600), including the purchase of not to exceed seven passenger motor vehicles for replacement only for police-type use without regard to the general purchase price limitation tor the current fiscal year; and expenses incident to the retirement of such assets; $3,120,000, to remain available until expended: <proviso><i>Provided</i>, That notwithstanding the limitation under this head in the Second Supplemental Appropriation Act, 1961, appropriations<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/827">74 Stat. 827</ref></p></sidenote> for “capital outlay” may be used for expenses related to the construction of quarters for non-U.S. citizen employees at a unit cost not exceeding $16,500.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Panama Canal Company</heading> <appropriations level="small"><heading>corporation</heading> <content class="firstIndent1 fontsize10">The Panama Canal Company is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to it and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the programs<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/61/584">61 Stat. 584</ref>.</p></sidenote> set forth in the budget for the current fiscal year for such corporation, except as hereinafter provided: </content> </appropriations> </appropriations> <appropriations level="small"><heading>limitation on general and administrative expenses, panama canal company</heading> <content class="firstIndent1 fontsize10">Not to exceed $8,113,000 of the funds available to the Panama Canal Company shall be available during the current fiscal year for general and administrative expenses of the Company, which shall be computed on an accrual basis. Funds available to the Panama Canal Company for operating expenses shall be available for the purchase of not to exceed sixteen passenger motor vehicles for replacement only, and for uniforms or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1114">68 Stat. 1114</ref>.</p></sidenote> </content> </appropriations> <appropriations level="intermediate"><heading>General Provision—The Panama Canal</heading> <content class="firstIndent1 fontsize10">The Governor of the Canal Zone is authorized to employ services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> in an amount not exceeding $30,000: <proviso><i>Provided</i>, That the rates for individuals shall not exceed $100 per diem.</proviso> </content> </appropriations> </appropriations> <num value="II">TITLE II—</num><heading class="inline">DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"><heading>Bureau of Reclamation</heading> <content class="firstIndent1 fontsize10">For carrying out the functions of the Bureau of Reclamation as provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto)<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s371">43 USC 371</ref> note.</p></sidenote> and other Acts applicable to that Bureau, as follows: </content> </appropriations> <page identifier="/us/stat/76/1220">76 <inline class="smallCaps">Stat</inline>. 1220</page> <appropriations level="small"><heading>general investigations</heading> <content class="firstIndent1 fontsize10">For engineering and economic investigations of proposed Federal reclamation and other projects for which the Secretary may have power marketing responsibilities under section 5 of the Flood <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/890">58 Stat. 890</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s825a">16 USC 825a</ref>.</p></sidenote>Control Act of 1944 and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects, including not to exceed $350,000 for investigations of projects in Alaska, to remain available until expended, $8,400,000, of which $7,010,000 shall be derived from the reclamation fund and $500,000 shall be derived from the Colorado River development fund: <proviso><i>Provided</i>, That none of this appropriation shall be used for more than one-half of the cost of an investigation requested by a State, municipality, or other interest:</proviso> <proviso><i>Provided further</i>, That $290,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s661">16 USC 661</ref> note.</p></sidenote>of 1958 (72 Stat. 563–565) to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Bureau of Reclamation.</proviso> </content> </appropriations> <appropriations level="small"><heading>construction and rehabilitation</heading> <content class="firstIndent1 fontsize10">For construction and rehabilitation of authorized reclamation projects or parts thereof (including power transmission facilities) and for other related activities, as authorized by law, to remain available until expended, $158,218,000, of which $75,000,000 shall be derived from the reclamation fund: <proviso><i>Provided</i>, That no part of this appropriation shall be used to initiate the construction of transmission facilities within those areas covered by power wheeling service contracts which include provision for service to Federal establishments and preferred customers, except those transmission facilities for which construction funds have been heretofore appropriated, those facilities which are necessary to carry out the terms of such contracts or those facilities for which the Secretary of the Interior finds the wheeling agency is unable or unwilling to provide for the integration of Federal projects or for service to a Federal establishment or preferred customer.</proviso> </content> </appropriations> <appropriations level="small"><heading>operation and maintenance</heading> <content class="firstIndent1 fontsize10">For operation and maintenance of reclamation projects or parts thereof and of other facilities, as authorized by law; and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau of Reclamation, pursuant to law. $36,444,600, of which $31,319,000 shall be derived from the reclamation fund and $1,481,000 shall be derived from the Colorado River Dam fund: <proviso><i>Provided</i>, That funds advanced for operation and maintenance of reclamation projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for the same objects and in the same manner as sums appropriated herein may be expended, and the unexpended balances of such advances shall be credited to the appropriation for the next succeeding fiscal year.</proviso> </content> </appropriations> <appropriations level="small"><heading>loan program</heading> <content class="firstIndent1 fontsize10">For loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for construction of projects, as authorized by the Acts of July 4, 1955, as <page identifier="/us/stat/76/1221">76 <inline class="smallCaps">Stat</inline>. 1221</page>amended (43 U.S.C. 421a–21d), and August 6, 1956 (43 U.S.C. 422a–422k),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/244">69 Stat. 244</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/1044">70 Stat. 1044</ref>.</p></sidenote> as amended (71 Stat. 48), including expenses necessary for carrying out the program, $12,517,000, to remain available until expended: <proviso><i>Provided</i>, That any contract under the Act of July 4, 1955 (69 Stat. 244), as amended, not. yet executed by the Secretary, which calls for the making of loans beyond the fiscal year in which the contract is entered into shall be made only on the same conditions as those prescribed in section 12 of the Act of August 4, 1939 (53 Stat. 1187, 1197).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s388">43 USC 388</ref>.</p></sidenote></proviso> </content> </appropriations> <appropriations level="small"><heading>emergency fund</heading> <content class="firstIndent1 fontsize10">For an additional amount for the “Emergency fund”, as authorized by the Act of June 26, 1948 (43 U.S.C. 502), to remain available until<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/1052">62 Stat. 1052</ref>.</p></sidenote> expended for the purposes specified in said Act, $1,000,000, to be derived from the reclamation fund. </content> </appropriations> <appropriations level="small"><heading>upper colorado river storage project</heading> <content class="firstIndent1 fontsize10">For the Upper Colorado River Storage Project, as authorized by the Act of April 11, 1956 (43 U.S.C. 620d), to remain available until<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/107">70 Stat. 107</ref>.</p></sidenote> expended, $107,808,000, of which $104,576,000 shall be available for the “Upper Colorado River Basin Fund” authorized by section 5 of said Act of April 11, 1956, and $3,232,000 shall be available for construction of recreational and fish and wildlife facilities authorized by section 8 thereof, and may be expended by bureaus of the Department<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/110">70 Stat. 110</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s620g">43 USC 620g</ref>.</p></sidenote> through or in cooperation with State or other Federal agencies, and advances to such Federal agencies are hereby authorized: <proviso><i>Provided</i>,That no part of the funds herein appropriated shall be available for construction or operation of facilities to prevent w’aters of Lake Powell from entering any National Monument.</proviso> </content> </appropriations> <appropriations level="small"><heading>general administrative expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses of general administration and related functions in the offices of the Commissioner of Reclamation and in the regional offices of the Bureau of Reclamation, $9,300,000, to be derived from the reclamation fund and to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377): <proviso><i>Provided</i>, That no part, of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/54">59 Stat. 54</ref>.</p></sidenote> any other appropriation in this Act shall lie available for activities or functions budgeted for the current fiscal year as general administrative expenses.</proviso> </content> </appropriations> <appropriations level="small"><heading>special funds</heading> <content class="firstIndent1 fontsize10">Sums herein referred to as being derived from the reclamation fund, the Colorado River Dam fund, or the Colorado River development fund, are appropriated from the special funds in the Treasury created by the Act of June 17, 1902 (43 U.S.C. 391), the Act of December 21,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/32/388">32 Stat. 388</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/45/1057">45 Stat. 1057</ref>;</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/54/774">54 Stat. 774</ref>.</p></sidenote> 1928 (43 U.S.C. 617a), and the Act of July 19, 1940 (43 U.S.C. 618a), respectively. Such sums shall be transferred, upon request of the Secretary, to be merged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure under the heads “<quotedText>Operation and Maintenance</quotedText>” and “<quotedText>General Administrative Expenses</quotedText>” shall revert and be credited to the special fund from which derived. </content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">Appropriations to the Bureau of Reclamation shall be available for purchase of not to exceed seventy-two passenger motor vehicles for replacement only; purchase of two aircraft for replacement only; <page identifier="/us/stat/76/1222">76 <inline class="smallCaps">Stat</inline>. 1222</page>payment of claims for damage to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; payment, except as otherwise provided for, of compensation and expense of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiation and administration of interstate compacts without reimbursement or return under the reclamation laws; rewards for information or evidence concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head “Operation and Maintenance Administration” Bureau of Reclamation, in the Interior Department <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/487">58 Stat. 487</ref>.</p></sidenote>Appropriation Act, 1945; preparation and dissemination of useful information including recordings, photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in the Act of August 21, 1935 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/666">49 Stat. 666</ref>.</p></sidenote>(16 U.S.C. 461–467): <proviso><i>Provided</i>, That no part of any appropriation made herein shall be available pursuant to the Act of April 19, 1945 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/54">59 Stat. 54</ref>.</p></sidenote>(43 U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except “General Administrative Expenses” and amounts provided for reconnaissance, basin surveys, and general engineering and research under the head “General Investigations”.</proviso></p> <p class="firstIndent1 fontsize10">Allotments to the Missouri River Basin project from the appropriation under the head “Construction and Rehabilitation” shall be available additionally for said project for those functions of the Bureau of Reclamation provided for under the head “General Investigations” (but this authorization shall not preclude use of the appropriation under said head within that area), and for the continuation of investigations by agencies of the Department on a general plan for the development of the Missouri River Basin. Such allotments may be expended through or in cooperation with State and other Federal agencies, and advances to such agencies are hereby authorized.</p> <p class="firstIndent1 fontsize10">Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Restrictions.</p></sidenote>No part of any appropriation for the Bureau of Reclamation, contained in this Act or in any prior Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: <proviso><i>Provided</i>, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 3679 of the Revised Statutes, as amended (31 U.S.C. 665).</proviso></p> <p class="firstIndent1 fontsize10">No funds appropriated to the Bureau of Reclamation for operation and maintenance, except those derived from advances by water users, shall be used for the particular benefit of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users’ organization, or (c) of any individual, when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation.</p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote>Not to exceed $225,000 may be expended from the appropriation “Construction and rehabilitation” for work by force account on any one project or Missouri Basin unit and then only when such work is unsuitable for contract or no acceptable bid has been received and, other than otherwise provided in this paragraph or as may lie necessary to meet local emergencies, not to exceed 12 per centum of the construction allotment for any project from the appropriation “Con-<page identifier="/us/stat/76/1223">76 <inline class="smallCaps">Stat</inline>. 1223</page>struction and rehabilitation” contained in this Act shall be available for construction work by force account: <proviso><i>Provided</i>, That this paragraph shall not apply to work performed under the Rehabilitation and Betterment Act of 1949 (63 Stat. 724).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s504">43 USC 504</ref> and note.</p></sidenote></proviso></p> <p class="firstIndent1 fontsize10">After September 30, 1962, the position of Commissioner of Reclamation shall have the annual rate of compensation as provided for positions listed in section 2205(a) of title 5, United States Code, so long as held by the present incumbent.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Bonneville Power Administration</heading> <appropriations level="small"><heading>construction</heading> <content class="firstIndent1 fontsize10">For construction and acquisition of transmission lines, substations, and appurtenant facilities, as authorized by law, and purchase of one aircraft, $29,800,000, to remain available until expended. </content> </appropriations> </appropriations> <appropriations level="small"><heading>operation and maintenance</heading> <content class="firstIndent1 fontsize10">For necessary expenses of operation and maintenance of the Bonneville transmission system and of marketing electric power and energy, $12,713,000. </content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">Appropriations of the Bonneville Power Administration shall be available to carry out all the duties imposed upon the Administrator pursuant to law. Appropriations made herein to the Bonneville Power Administration shall be available in one fund, except that the appropriation herein made for operation and maintenance shall be available only for the service of the current fiscal year.</p> <p class="firstIndent1 fontsize10">Other than as may be necessary to meet local emergencies, not to exceed 12 per centum of the appropriation for construction herein made for the Bonneville Power Administration shall be available for construction work by force account or on a hired-labor basis.</p> </content> </appropriations> <appropriations level="intermediate"><heading>Southeastern Power Administration</heading> <appropriations level="small"><heading>operation and maintenance</heading> <content class="firstIndent1 fontsize10">For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/890">58 Stat. 890</ref>.</p></sidenote> $800,000 including purchase of two passenger motor vehicles of which one is for replacement only. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Southwestern Power Administration</heading> <appropriations level="small"><heading>construction</heading> <content class="firstIndent1 fontsize10">For construction and acquisition of transmission lines, substations, and appurtenant facilities, and for administrative expenses connected therewith, in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, $7,210,000, to remain available until expended. </content> </appropriations> </appropriations> <appropriations level="small"><heading>operation and maintenance</heading> <content class="firstIndent1 fontsize10">For necessary expenses of operation and maintenance of power transmission facilities of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 <page identifier="/us/stat/76/1224">76 <inline class="smallCaps">Stat</inline>. 1224</page><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/890">58 Stat. 890</ref>.</p></sidenote>(16 U.S.C. 825s), as applied to the southwestern power area, including purchase of not to exceed four passenger motor vehicles for replacement only, $1,450,000. </content> </appropriations> <appropriations level="small"><heading>continuing fund</heading> <content class="firstIndent1 fontsize10">Not to exceed $5,000,000 shall be available during the current fiscal year from the continuing fund for all costs in connection with the purchase of electric power and energy, and rentals for the use of transmission facilities. </content> </appropriations> <level> <heading class="smallCaps centered">General Provisions—Department of the Interior</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><sidenote><p class="firstIndent1 fontsize8">Emergency funds.</p></sidenote><content class="inline">Appropriations in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: <proviso><i>Provided</i>, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><sidenote><p class="firstIndent1 fontsize8">Fire prevention.</p></sidenote><content class="inline">The Secretary may authorize the expenditure or transfer (within each bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior.</content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num><sidenote><p class="firstIndent1 fontsize8">Operation of warehouses, etc.</p></sidenote><content class="inline">Appropriations in this title shall be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/47/417">47 Stat. 417</ref>.</p></sidenote>30, 1932 (31 U.S.C. 686): <proviso><i>Provided</i>, That reimbursements for costs of supplies, materials and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num><sidenote><p class="firstIndent1 fontsize8">Restriction.</p></sidenote><content class="inline">No part of any funds made available by this Act to the Southwestern Power Administration may be made available to any other agency, bureau, or office for any purposes other than for services rendered pursuant to law to the Southwestern Power Administration.</content> </section> </level> <num value="III">TITLE III—</num><heading class="inline">INDEPENDENT OFFICES</heading> <appropriations level="intermediate"><heading>Atomic Energy Commission</heading> <appropriations level="small"><heading>operating expenses</heading> <content class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/919">68 Stat. 919</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011</ref> note.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>For necessary operating expenses of the Commission in carrying out the purposes of the Atomic Energy Act of 1954, as amended, including the employment of aliens; services authorized by sect ion 15 of the Act of August 2, 1946 (5 U.S.C. 55a); purchase of equipment; purchase, maintenance, and operation of aircraft; publication and dissemination of atomic information; purchase, repair, and cleaning of uniforms; official entertainment expenses (not to exceed $30,000); reimbursement of the General Services Administration for security guard services; purchase (not to exceed seven hundred and forty, of which four hundred and ten are for replacement only) and hire of passenger motor vehicles; $2,872,224,000, and any moneys (except sums received from disposal of property under the Atomic Energy Community Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/69/471">69 Stat. 471</ref>.</p></sidenote>1955 (42 U.S.C. 2301)) received by the Commission, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), <page identifier="/us/stat/76/1225">76 <inline class="smallCaps">Stat</inline>. 1225</page> to remain available until expended: <proviso><i>Provided</i>, That of such amount $100,000 may be expended for objects of a confidential nature and in any such case the certificate of the Commission as to the amount of the expenditure and that it is deemed inadvisable to specify the nature thereof shall lie deemed a sufficient voucher for the sum therein expressed to have been expended:</proviso> <proviso><i>Provided further</i>, That from this appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred:</proviso> <proviso><i>Provided further</i>, That no part of this appropriation shall be used in connection with the payment of a fixed fee to any contractor or firm of contractors engaged under a cost-plus-a-fixed-fee contract or contracts at any installation of the Commission, where that fee for community management is at a rate in excess of $90,000 per annum, or for the operation of a transportation system where that fee is at a rate in excess of $45,000 per annum.</proviso> </content> </appropriations> <appropriations level="small"><heading>plant acquisition and construction</heading> <content class="firstIndent1 fontsize10">For expenses of the Commission, as authorized by law, in connection with the purchase and construction of plant and other expenses incidental thereto necessary in carrying out the purposes of the Atomic Energy Act of 1954, as amended, including the acquisition or condemnation<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/919">68 Stat. 919</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011</ref> note.</p></sidenote> of any real property or any facility or for plant or facility acquisition, construction, or expansion; and hire of passenger motor vehicles; $262,745,000, to remain available until expended: <proviso><i>Provided</i>,That not to exceed $4,500,000 of this appropriation for carrying out improvements on U.S. Highway 95, Nevada, as authorized in the Commission’s 1963 authorization Act, may be transferred to the Bureau of Public Roads, Department of Commerce.</proviso> </content> </appropriations> <appropriations level="small"><heading>general provisions</heading> <content class="firstIndent1 fontsize10"> <p class="firstIndent1 fontsize10">Any appropriation available under this or any other Act to the Atomic Energy Commission may initially be used subject to limitations in this Act during the fiscal year 1963 to finance the procurement of materials, services, or other costs which are a part of work or activities for which funds have been provided in any other appropriation available to the Commission: <proviso><i>Provided</i>, That appropriate transfers or adjustments between such appropriations shall subsequently be made for such costs on the basis of actual application determined in accordance with generally accepted accounting principles.</proviso></p> <p class="firstIndent1 fontsize10">Not to exceed 5 per centum of appropriations made available for the<sidenote><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote> fiscal year 1963 for “Operating expenses” and “<quotedText>Plant acquisition and construction</quotedText>” may be transferred between such appropriations, but neither such appropriation, except as otherwise provided herein, shall lie increased by more than 5 per centum by any such transfers, and any such transfere shall be reported promptly to the Appropriations<sidenote><p class="firstIndent1 fontsize8">Reports to congressional committees.</p><p class="firstIndent1 fontsize8">Restriction on fellowships.</p></sidenote> Committees of the House and Senate.</p> <p class="firstIndent1 fontsize10">No part of any appropriation herein shall lie used to confer a fellowship on any person who advocates or who is a member of an organization or party that advocates the overthrow of the Government of the United States by force or violence or with respect to whom the Commission finds, upon investigation and report by the Civil Service Commission on the character, associations, and loyalty of whom, that reasonable grounds exist for belief that such person is disloyal to the Government of the United States; <proviso><i>Provided</i>, That any person who advocates or who is a member of an organization or party that advocates the overthrow of the Government of the United States by force <page identifier="/us/stat/76/1226">76 <inline class="smallCaps">Stat</inline>. 1226</page>or violence and accepts employment or a fellowship the salary, wages, stipend, grant, or expenses for which are paid from any appropriation contained herein shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both:</proviso> <proviso><i>Provided further</i>, That the above penal clause shall be m addition to, and not in substitution for, any other provisions of existing law.</proviso></p> </content> </appropriations> <appropriations level="intermediate"><heading>Saint Lawrence Seaway Development Corporation</heading> <content class="firstIndent1 fontsize10">The Saint Lawrence Seaw’ay Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/61/584">61 Stat. 584</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote>Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such Corporation, except as hereinafter provided: </content> </appropriations> <appropriations level="small"><heading>limitation on administrative expenses, saint lawrence seaway development corporation</heading> <content class="firstIndent1 fontsize10">Not to exceed $414,000 shall be available for administrative expenses which shall be computed on an accrual basis, including not to exceed $2,000 for official entertainment expenses to be expended upon the approval or authority of the Administrator, purchase of one passenger motor vehicle for replacement only, uniforms or allowances therefor for operation and maintenance personnel, as authorized by law <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1114">68 Stat. 1114</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>(5 U.S.C. 2131, and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates for individuals not to exceed $100 per day: <proviso><i>Provided</i>, That not to exceed $5,000 may be expended for services of individuals employed at rates in excess of $50 per day.</proviso> </content> </appropriations> <appropriations level="intermediate"><heading>Tennessee Valley Authority</heading> <appropriations level="small"><heading>payment to tennessee valley authority fund</heading> <content class="firstIndent1 fontsize10">For the purpose of carrying out the provisions of the Tennessee <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/58">48 Stat. 58</ref>.</p></sidenote>Valley Authority Act of 1933, as amended (16 U.S.C., ch. 12A), including hire, maintenance, and operation of aircraft, and purchase (not to exceed one hundred and fifty for replacement only) and hire of passenger motor vehicles, $35,071,000, to remain available until expended. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Delaware River Basin Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $32,000. </content> </appropriations> </appropriations> <appropriations level="small"><heading>contribution to the delaware river basin commission</heading> <content class="firstIndent1 fontsize10">For payment of the United States share of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706,707), $80,000. </content> </appropriations> <page identifier="/us/stat/76/1227">76 <inline class="smallCaps">Stat</inline>. 1227</page> <appropriations level="intermediate"><heading>U. S. Study Commission—Southeast River Basins</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">For necessary expenses to carry out the provisions of the Act approved August 28, 1958 (72 Stat. 1090), including services as authorized by the Act of August 2, 1946 (5 U.S.C. 55a), $552,000 to remain<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> available until December 31, 1963. </content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>U. S. Study Commission—Texas</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content class="firstIndent1 fontsize10">The appropriation granted under this head in the Public Works Appropriation Act, 1962, shall remain available until August 31, 1963.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/75/731">75 Stat. 731</ref>.</p></sidenote> </content> </appropriations> </appropriations> </appropriations> <num value="IV">TITLE IV</num> <appropriations level="intermediate"><heading>Funds Appropriated to the President</heading> <appropriations level="small"><heading>public works acceleration</heading> <content class="firstIndent1 fontsize10">For expenses necessary to enable the President to provide for carrying out the purposes of the Public Works Acceleration Act, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), but at rates for individuals not to exceed $75 per diem,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote> $400,000,000. </content> </appropriations> </appropriations> <num value="V">TITLE V—</num><heading class="inline">GENERAL PROVISIONS</heading> <level> <heading class="smallCaps centered">Departments, Agencies, and Corporations</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num><content class="inline">Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (5 U.S.C. 78), for the purchase of any passenger motor vehicle (exclusive of buses and ambulances), is hereby fixed at $1,500 except station wagons for which the maximum shall be $1,950.</content> </section> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num><content class="inline">Unless otherwise specified and during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act who, being eligible for citizenship, had filed a declaration of intention to become a citizen of the United States prior to such date, (3) is a person who owes allegiance to the United States, or (4) is an alien from Poland or the Baltic countries lawfully admitted to the United States for permanent residence: <proviso><i>Provided</i>, That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his status have been complied with:</proviso> <i>Provided further</i>, That any person<sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> making a false affidavit shall be guilty of a felony and, upon convic-<page identifier="/us/stat/76/1228">76 <inline class="smallCaps">Stat</inline>. 1228</page>tion, shall be lined not more than $4,000 or imprisoned for not more than one year, or both: <proviso><i>Provided further</i>, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law:</proviso> <proviso><i>Provided further</i>, That any payment made to any officer or employee contrary to the provisions of this section shall be <sidenote><p class="firstIndent1 fontsize8">Exception.</p></sidenote>recoverable in action by the Federal Government This section shall not apply to citizens of the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to temporary employment of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies.</proviso> </content> </section> <section class="firstIndent1 fontsize10"> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num><content class="inline">Appropriations of the executive departments and independent establishments for the current fiscal year, available for expenses of travel or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with title II of the Act of September 6, 1960 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s3033/3038">5 USC 3033–3038</ref>.</p><p class="firstIndent1 fontsize8">Restrictions.</p></sidenote>(74 Stat. 793).</content> </section> <section class="firstIndent1 fontsize10"> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num><content class="inline">No part of any appropriation for the current fiscal year contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person.</content> </section> <section class="firstIndent1 fontsize10"> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num><content class="inline">No part of any appropriation contained in this or any other Act for the current fiscal year shall be used to pay in excess of $4 per volume for the current and future volumes of the United States Code, Annotated, and such volumes shall be purchased on condition and with the understanding that latest published cumulative annual pocket parts issued prior to the date of purchase shall be furnished free of charge, or in excess of $4.25 per volume for the current or future volumes of the Lifetime Federal Digest, or in excess of $6.50 per volume for the current or future volumes of the Modern Federal Practice Digest.</content> </section> <section class="firstIndent1 fontsize10"> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num><content class="inline">Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to the Government Corporation Control Act, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/897">59 Stat. 897</ref>.</p></sidenote>amended (31 U.S.C. 841), shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with section 15 of the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/810">60 Stat. 810</ref>.</p></sidenote>August 2, 1946 (5 U.S.C. 55a); and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: <proviso><i>Provided</i>, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="507"><inline class="smallCaps">Sec</inline>. 507. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s724">31 USC 724</ref>.</p></sidenote><content class="inline"> <p class="inline">Pursuant to section 1415 of the Act of July 15, 1952 (66 Stat. 662), foreign credits (including currencies) owed to or owned by the United States may be used by Federal agencies for any purpose for which appropriations are made for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency concerned: <proviso><i>Provided</i>, That such credits received as exchange allowances or proceeds of sales of personal property may be used in whole or part payment for acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury.</proviso></p> <p class="firstIndent1 fontsize10"><sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote>This Act may be cited as the “<shortTitle role="act">Public Works Appropriation Act, 1963</shortTitle>”.</p> </content> </section> </level> Approved October 24, 1962.
Public Law 87–881: To amend the District of Columbia Teachers’ Salary Act of 1955, as amended, and to provide for the adjustment of annuities paid from the District of Columbia teachers’ retirement and annuity fund. Public Law 881 Public Law 87–881 76 Stat. 1229 1962-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 1229 Public Law 87–881
AN ACT To amend the District of Columbia Teachers’ Salary Act of 1955, as amended, and to provide for the adjustment of annuities paid from the District of Columbia teachers’ retirement and annuity fund.

October 24, 1962

[S. 1447]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <num value="I">TITLE I</num> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <chapeau class="inline">The Act entitled “An Act to fix and regulate the salaries <sidenote><p class="firstIndent1 fontsize8">District of Columbia Teachers’ Salary Act of 1955, amendment.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/1004">72 Stat. 1004</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–1501">D.C. Code 31–1501</ref>.</p></sidenote>of teachers, school officers, and other employees of the Board of Education of the District of Columbia, and for other purposes”, approved August 5, 1955 (69 Stat. 521, ch. 569), as amended, is amended as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Section 1 is amended by striking everything after the first sentence and inserting in lieu thereof the following salary schedules: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:28%; height:4em; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">“Salary class and position</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 1 (minimum)</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 2</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 3</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 4</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service Step 5</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 6</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 7</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 8</th> <th style="width:8%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Service step 9</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">Class 1: Superintendent of Schools</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$18, 000</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom">_ _ _ _ _ _</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">Class 2: Deputy superintendent</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">16, 500</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom; border-right:1px solid black">_ _ _ _ _ _</td> <td style="text-align:center; vertical-align:bottom">_ _ _ _ _ _</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">Class 3: Assistant superintendent; president, teachers college,</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">14, 350</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$14, 600</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$14, 850</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$16, 100</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$15, 350</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$15, 600</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$15, 850</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$16, 100</td> <td style="text-align:right; vertical-align:bottom">$16, 350</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">Class 4: Director, curriculum; dean, teachers college</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 700</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 950</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18, 200</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">13, 450</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">13, 700</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18, 950</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">14, 200</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">14, 430</td> <td style="text-align:right; vertical-align:bottom">14, 700</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">Class 5:</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group A, bachelor’s degree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 000</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 250</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 500</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 750</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 000</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 250</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 500</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 750</td> <td style="text-align:right; vertical-align:bottom">13. 000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 500</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 750</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 000</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 250</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 500</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 750</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">13, 000</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18, 250</td> <td style="text-align:right; vertical-align:bottom">13, 500</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group C, master’s degree plus 30 credit hours.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 700</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 950</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12 ,200</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 450</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 700</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 950</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">13.200</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">13, 450</td> <td style="text-align:right; vertical-align:bottom">13, 700</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Chief examiner.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Director, food services.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Director, Industrial and adult education.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Executive assistant to superintendent.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Psychiatrist.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">Class 6:</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group B, master’s decree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 050</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 300</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 550</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 800</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 030</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 300</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 550</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 800</td> <td style="text-align:right; vertical-align:bottom">13, 050</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group C, master’s degree plus 30 credit hours</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 230</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 500</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 760</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 000</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 230</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 500</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 700</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">13, 000</td> <td style="text-align:right; vertical-align:bottom">13, 250</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant to assistant superintendent (elementary schools).</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant to assistant superintendent (Junior and senior high schools).</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant to assistant superintendent (general research, budget, and legislation).</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant to assistant superintendent (pupil appraisal, study, and attendance).</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Director, elementary education (supervision and instruction)</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Director, health, physical education, athletics and safety.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Executive assistant to deputy superintendent</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Principal, elementary school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Principal, Junior high school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Principal, senior high school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Principal, vocational high school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Principal, Americanization School.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Principal, boys’ junior-senior high school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Principal, Capital Page School,</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Principal, health school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Principal, laboratory school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Principal, veterans high school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> </tbody> </table> <page identifier="/us/stat/76/1230">76 <inline class="smallCaps">Stat</inline>. 1230</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:28%; height:4em; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">“Salary class and position</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 1 (minimum)</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 3</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service stop 3</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 4</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service Step 5</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 6</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 7</th> <th style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step a</th> <th style="width:8%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Service step 9</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">Class 7:</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$10, 350</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$10, 600</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$10, 850</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$11, 100</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$11, 350</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$11, 600</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$11, 850</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$12, 100</td> <td style="text-align:right; vertical-align:bottom">$12, 350</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group C, master’s degree plus 30 credit hours</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 550</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 800</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 050</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 300</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 550</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 800</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 050</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">12, 800</td> <td style="text-align:right; vertical-align:bottom">12, 550</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Director, elementary education (administration).</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Director in elementary education.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Director, special education. Class 8:</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group B, master’s degree.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 850</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 100</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 350</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 000</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 850</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 100</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 356</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 800</td> <td style="text-align:right; vertical-align:bottom">11, 850</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group C, master’s degree plus 80 credit hours</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 050</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 800</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 550</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 800</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 050</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 300</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 550</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 800</td> <td style="text-align:right; vertical-align:bottom">12, 050</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant principal, elementary school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant principal, junior high school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant principal, senior high school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant principal, vocational high school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant principal, Americanization School.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant principal, health school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Dean of students, teachers college.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Director, school attendance.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Professor, teachers college.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Registrar, teachers college.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Supervising director, adult education and summer school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Supervising director, athletics.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Supervising director, curriculum.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Supervising director, elementary education (supervision and instruction).</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Supervising director, reading clinic.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Supervising director, subject field.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">Class 9:</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group A, bachelor’s degree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 940</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 190</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 440</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 890</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 940</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 190</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10. 440</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 690</td> <td style="text-align:right; vertical-align:bottom">10, 940</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 440</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 690</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 940</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 190</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 440</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 600</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 940</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 190</td> <td style="text-align:right; vertical-align:bottom">11, 440</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group C, master’s degree plus 30 credit hours</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 640</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 890</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 140</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 390</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 640</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 890</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 140</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11, 300</td> <td style="text-align:right; vertical-align:bottom">11, 540</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant director, food services.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Supervising director, audiovisual Instruction.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">Class 10:</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 030</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 280</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 530</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 780</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 030</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 280</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 530</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 780</td> <td style="text-align:right; vertical-align:bottom">11, 030</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group C, master’s degree plus 80 credit hours</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 230</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 480</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 730</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 980</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 230</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 480</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 730</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 980</td> <td style="text-align:right; vertical-align:bottom">11, 280</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant director, adult education and summer schools.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Statistician.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">Class 11:</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 620</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 870</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 120</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 370</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 620</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 870</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 130</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 370</td> <td style="text-align:right; vertical-align:bottom">10, 630</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group C, master’s degree plus 30 credit hours</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 820</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 070</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 320</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 570</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 820</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 070</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 320</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 070</td> <td style="text-align:right; vertical-align:bottom">10, 829</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant director, audiovisual.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant director, practical nursing.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant director, subject field.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Associate professor, teachers college.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Chief librarian, teachers college.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Supervisor, elementary education.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">Class 12:</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 210</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 460</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 710</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 960</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 210</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 460</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 710</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 960</td> <td style="text-align:right; vertical-align:bottom">10, 210</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group C, roaster’s degree plus 30 credit hours</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 410</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">3, 660</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 910</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 160</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 410</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 660</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 910</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">10, 160</td> <td style="text-align:right; vertical-align:bottom">10, 410</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Chief attendance officer.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Clinical psychologist.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:1em" leaders="yes">Class 13:</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group B, master’s decree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 395</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 710</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 025</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 340</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 655</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 970</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 285</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 606</td> <td style="text-align:right; vertical-align:bottom">9, 915</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group C, master’s degree plus 30 credit hours</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 505</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 910</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 225</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 540</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 855</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 170</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 485</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9.800</td> <td style="text-align:right; vertical-align:bottom">10, 115</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant professor, teach ere college.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Psychiatric social worker.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Assistant professor, laboratory school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> </tbody> </table> <page identifier="/us/stat/76/1231">76 <inline class="smallCaps">Stat</inline>. 1231</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td colspan="2" style="width:44%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">“Salary class and position</td> <td style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 1 (minimum)</td> <td style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 2</td> <td style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 3</td> <td style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 4</td> <td style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 5</td> <td style="width:8%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Service step 6</td> <td style="width:8%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Service step 7</td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black">Class 14:</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group A, bachelor’s degree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$6, 630</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$6 ,285</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">S6, 540</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$6, 795</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$7, 050</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$7, 305</td> <td style="text-align:right; vertical-align:bottom">$7, 560</td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group B, master’s decree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 530</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">6, 785</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 040</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 295</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 550</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 805</td> <td style="text-align:right; vertical-align:bottom">8, 000</td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group C, master’s degree plus 30 credit hours  </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">6, 730</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">6, 985</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 240</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 495</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 700</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 005</td> <td style="text-align:right; vertical-align:bottom">8, 260</td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="3" style="text-align:center; border-right:1px solid black">“Salary class and position</td> <td style="text-align:center; border-right:1px solid black">Service step 8</td> <td style="text-align:center; border-right:1px solid black">Service step 9</td> <td style="text-align:center; border-right:1px solid black">Service step 10</td> <td style="text-align:center; border-right:1px solid black">Service step 11</td> <td style="text-align:center; border-right:1px solid black">Service step 12</td> <td style="text-align:center">Service step 13</td> </tr> <tr> <td colspan="3" style="text-align:left; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> <tr> <td colspan="3" style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="3" style="text-align:left; vertical-align:bottom; border-right:1px solid black">Class 14:</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="3" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group A, bachelor’s degree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$7, 815</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$5, 070</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$8, 325</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$8, 580</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$8, 835</td> <td style="text-align:right; vertical-align:bottom">$9, 090</td> </tr> <tr> <td colspan="3" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 315</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 570</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 825</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 080</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 835</td> <td style="text-align:right; vertical-align:bottom">9, 590</td> </tr> <tr> <td colspan="3" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group C, master’s degree plus 30 credit hours</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 515</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 770</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 025</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 280</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9, 635</td> <td style="text-align:right; vertical-align:bottom">9. 790</td> </tr> <tr> <td colspan="3" style="text-align:left; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> <tr> <td style="text-align:center; border-right:1px solid black"> </td> <td style="text-align:center; border-right:1px solid black"> </td> <td style="text-align:center; border-right:1px solid black"> </td> <td style="text-align:center; border-right:1px solid black"> </td> <td style="text-align:center; border-right:1px solid black"> </td> <td style="text-align:center; border-right:1px solid black"> </td> <td style="text-align:center; border-right:1px solid black"> </td> <td style="text-align:center; border-right:1px solid black"> </td> <td style="text-align:center"> </td> </tr> <tr> <td style="text-align:center; border-right:1px solid black">“Salary class and position</td> <td style="width:8%; text-align:center; border-right:1px solid black">Service step 1 (minimum)</td> <td style="text-align:center; border-right:1px solid black">Service step 2</td> <td style="text-align:center; border-right:1px solid black">Service step 3</td> <td style="text-align:center; border-right:1px solid black">Service step 4</td> <td style="text-align:center; border-right:1px solid black">Service step 5</td> <td style="text-align:center; border-right:1px solid black">Service step 6</td> <td style="text-align:center; border-right:1px solid black">Service step 7</td> <td style="text-align:center">Service step 8</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black">Class 15:</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group A, bachelor’s degree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$6, 000</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$5, 280</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$5, 620</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$5, 735</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$5, 950</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$6, 165</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$6, 380</td> <td style="text-align:right; vertical-align:bottom">$6, 695</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">5, 500</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">5, 760</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">6, 020</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">6, 235</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">6, 450</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">6, 665</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">6, 880</td> <td style="text-align:right; vertical-align:bottom">7, 005</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group C, master’s degree plus 30 credit hours</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">5, 700</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">5, 960</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">6, 230</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">6, 435</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">6, 650</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">6, 865</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 080</td> <td style="text-align:right; vertical-align:bottom">7, 295</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Attendance officer.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Census supervisor.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">School psychologist</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Counselor, elementary and secondary schools.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Instructor, teachers college.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Instructor, laboratory school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Child labor inspector.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Counselor, placement.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Librarian, elementary and secondary schools.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Librarian, teachers college.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Research assistant.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">School social worker.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Speech correctionist.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Coordinator of practical nursing.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em" leaders="yes">Teacher, elementary and secondary schools.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:center; border-right:1px solid black">“Salary class and position</td> <td style="text-align:center; border-right:1px solid black">Service step 9</td> <td style="text-align:center; border-right:1px solid black">Service step 10</td> <td style="text-align:center; border-right:1px solid black">Service step 11</td> <td style="text-align:center; border-right:1px solid black">Service step 12</td> <td style="text-align:center; border-right:1px solid black">Service step 13</td> <td style="text-align:center; border-right:1px solid black">Longevity step X</td> <td style="text-align:center">Longevity step X</td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black">Class 15:</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group A, bachelor’s degree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$6, 610</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$7, 025</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$7, 240</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$7, 455</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">$7, 670</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">S8, 190</td> <td style="text-align:right; vertical-align:bottom">$8, 710</td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 310</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 525</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 740</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 955</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 170</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 690</td> <td style="text-align:right; vertical-align:bottom">9, 210</td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:3em" leaders="yes">Group C. master’s degree plus 30 credit hours</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 510</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 726</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7, 940</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 156</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 370</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8, 890</td> <td style="text-align:right; vertical-align:bottom">9, 410</td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em">Attendance officer.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em">Census supervisor.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em">School psychologist.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em">Counselor, elementary and secondary schools.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em">Instructor, teachers college.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em">Instructor, laboratory school.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em">Child labor inspector.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em">Counselor, placement.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em">Librarian, elementary end secondary schools.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em">Librarian, teachers college.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em">Research assistant.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em">School social worker.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em">Speech correctionist.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em">Coordinator of practical nursing</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; text-indent:-1em; padding-left:5em">Teacher, elementary and secondary school.”</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 2, subsection (a), is amended by striking from the third <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–1511">D.C. Code 31–1511</ref>.</p></sidenote>d.c. code 31-sentence “<quotedText>December 31, 1957</quotedText>” and inserting in lieu thereof “<quotedText>December 31, 1962</quotedText>”; by striking from the fourth sentence the words “<quotedText>counselor in the vocational high schools, counselor in the junior high schools</quotedText>”, and the words “<quotedText>school social worker,</quotedText>”, and by inserting immediately before the period at the end of the same sentence the following: “<quotedText>, and except that a person not possessing a masters degree who was appointed on probationary or permanent status before January 1, 1963, to a position as a nonshop teacher in a vocational education pro-<page identifier="/us/stat/76/1232">76 <inline class="smallCaps">Stat</inline>. 1232</page>gram, or counselor in the vocational high schools, or counselor in the junior high schools may continue to be employed in such a position, and except that a person not possessing a master’s degree who was on the list of eligible candidates for any such position before January 1, 1963, may continue to be eligible for such position until the expiration of such eligible list</quotedText>”; and by striking from the fifth sentence “<quotedText>December 31, 1957</quotedText>” and inserting in lieu thereof “<quotedText>December 31, 1962</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–1511">D.C. Code 31–1511</ref>.</p></sidenote> <content>Section 2, subsection (b), is amended by striking the figure “<quotedText>18</quotedText>” wherever it appears and inserting in lieu thereof the figure “<quotedText>15</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–1521">D.C. Code 31–1521</ref>.</p></sidenote> <content>Section 4 is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="4">“<inline class="smallCaps">Sec</inline>. 4. </num> <content class="inline">Each teacher, school officer, or other employee in the service of the Board on January 1, 1963, who occupies a position held by him on December 31, 1962, under the provisions of this Act, shall be placed in a salary class covered by section 1 of this Act as indicated at the end of this section. Any employee in group A, B, or C of his salary class on December 31, 1962, shall be assigned to the same letter group of the salary class to which he is transferred on January 1, 1963. <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td colspan="2" style="text-align:center; border-right:2px solid black">“TITLE AND CLASS OF POSITION ON DECEMBER 31, 1962</td> <td colspan="2" style="text-align:center">TITLE AND CLASS OF POSITION ON JANUARY 1, 1963</td> </tr> <tr> <td style="width:43%; text-align:left; text-indent:-1em; padding-left:5em">Title</td> <td style="width:7%; text-align:center; border-right:2px solid black">Class </td> <td style="width:43%; text-align:left; text-indent:-1em; padding-left:5em">Title</td> <td style="width:7%; text-align:center">Class</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Superintendent</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">1</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Superintendent</td> <td style="text-align:center; vertical-align:bottom">1</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Deputy superintendent</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">2</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Deputy superintendent</td> <td style="text-align:center; vertical-align:bottom">2</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant superintendent</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">3</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant superintendent</td> <td style="text-align:center; vertical-align:bottom">3</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant superintendent in charge of business affairs</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">3</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant superintendent in charge of business affairs</td> <td style="text-align:center; vertical-align:bottom">3</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">President, District of Columbia Teachers College</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">3</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">President, District of Columbia Teachers College</td> <td style="text-align:center; vertical-align:bottom">3</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Dean, District of Columbia Teachers College</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">4</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Dean, District of Columbia Teachers College</td> <td style="text-align:center; vertical-align:bottom">4</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Chief examiner</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">5</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Chief examiner</td> <td style="text-align:center; vertical-align:bottom">5</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Dean of students, teachers college</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">5</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Dean of students. District of Columbia Teachers College</td> <td style="text-align:center; vertical-align:bottom">8</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Executive assistant to the superintendent</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">5</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Executive assistant to the superintendent</td> <td style="text-align:center; vertical-align:bottom">8</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Psychiatrist</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">5</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Psychiatrist</td> <td style="text-align:center; vertical-align:bottom">5</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, food services</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">5</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, food services</td> <td style="text-align:center; vertical-align:bottom">5</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Executive assistant to the deputy superintendent</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">6</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Executive assistant to the deputy superintendent</td> <td style="text-align:center; vertical-align:bottom">6</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant to the assistant superintendent (elementary schools)</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">6</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant to the assistant superintendent (elementary schools)</td> <td style="text-align:center; vertical-align:bottom">6</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, curriculum</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">4</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, curriculum</td> <td style="text-align:center; vertical-align:bottom">4</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, elementary education (administration)</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">7</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, elementary education (administration)</td> <td style="text-align:center; vertical-align:bottom">7</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, elementary education (supervision and instruction)</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">6</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, elementary education (supervision and instruction)</td> <td style="text-align:center; vertical-align:bottom">6</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director in elementary education</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">7</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director in elementary education</td> <td style="text-align:center; vertical-align:bottom">7</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, health, physical education, athletics and safety</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">6</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, health, physical education, athletics and safety</td> <td style="text-align:center; vertical-align:bottom">6</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, industrial and adult education</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">5</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, industrial and adult education</td> <td style="text-align:center; vertical-align:bottom">5</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, special education</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">7</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, special education</td> <td style="text-align:center; vertical-align:bottom">7</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, senior high school</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">6</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, senior high school</td> <td style="text-align:center; vertical-align:bottom">6</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, vocational high school</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">6</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, vocational high school</td> <td style="text-align:center; vertical-align:bottom">6</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, junior high school</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">7</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, boys’ junior-senior high school</td> <td style="text-align:center; vertical-align:bottom">6</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Registrar, teachers college</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">7</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Registrar, District of Columbia Teachers College</td> <td style="text-align:center; vertical-align:bottom">8</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, Americanization School</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">7</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, Americanization School</td> <td style="text-align:center; vertical-align:bottom">6</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, junior high school</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">7</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, junior high school</td> <td style="text-align:center; vertical-align:bottom">6</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Professor, District of Columbia Teachers College</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">8</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Professor, District of Columbia Teachers College</td> <td style="text-align:center; vertical-align:bottom">8</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervising director, adult education and summer schools</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">8</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervising director, adult education and summer schools</td> <td style="text-align:center; vertical-align:bottom">8</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervising director, athletics</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">8</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervising director, athletics</td> <td style="text-align:center; vertical-align:bottom">8</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervising director, curriculum</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">8</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervising director, curriculum</td> <td style="text-align:center; vertical-align:bottom">8</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervising director, elementary education (supervision and instruction )</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">8</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervising director, elementary education (supervision and instruction )</td> <td style="text-align:center; vertical-align:bottom">8</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant to the assistant superintendent (general research, budget and legislation)</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">8</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant to the assistant superintendent (general research, budget, and legislation)</td> <td style="text-align:center; vertical-align:bottom">6</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant to the assistant superintendent (junior and senior high schools)</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">7</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant to the assistant superintendent (junior and senior high schools)</td> <td style="text-align:center; vertical-align:bottom">6</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant to the assistant superintendent (pupil appraisal, study and attendance)</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">8</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant to the assistant superintendent (pupil appraisal, study, and attendance)</td> <td style="text-align:center; vertical-align:bottom">6</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervising director, reading clinic</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">8</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervising director, reading clinic</td> <td style="text-align:center; vertical-align:bottom">8</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervising director, subject field</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">8</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervising director, subject field</td> <td style="text-align:center; vertical-align:bottom">8</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, school attendance</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">8</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Director, school attendance</td> <td style="text-align:center; vertical-align:bottom">8</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervising director, audio visual instruction</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">9</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervising director, audio-visual instruction</td> <td style="text-align:center; vertical-align:bottom">9</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, elementary school</td> <td style="text-align:center; vertical-align:bottom; border-right:2px solid black">8</td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, elementary school</td> <td style="text-align:center; vertical-align:bottom">6</td> </tr> </tbody> </table> <page identifier="/us/stat/76/1233">76 <inline class="smallCaps">Stat</inline>. 1233</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td colspan="2" style="width:50%; text-align:center; border-right:1px solid black">“TITLE AND CLASS OF POSITION ON DECEMBER 31, 1962—Continued</td> <td colspan="2" style="width:50%; text-align:center">TITLE AND CLASS OF POSITION ON JANUARY 1, 1963—Continued</td> </tr> <tr> <td style="width:43%; text-align:left; text-indent:-1em; padding-left:5em">Title</td> <td style="width:7%; text-align:center; border-right:1px solid black">Class</td> <td style="width:43%; text-align:left; text-indent:-1em; padding-left:5em">Title</td> <td style="width:7%; text-align:center">Class</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, Capitol Page School</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, Capital Page School</td> <td style="text-align:right; vertical-align:bottom">6  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, health school</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, health school</td> <td style="text-align:right; vertical-align:bottom">6  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, laboratory school</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">7  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, laboratory school</td> <td style="text-align:right; vertical-align:bottom">6  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant principal. senior high school</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant principal, senior high school</td> <td style="text-align:right; vertical-align:bottom">8  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant principal, vocational high school</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant principal, vocational high school</td> <td style="text-align:right; vertical-align:bottom">8  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant director, food services</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant director, food services</td> <td style="text-align:right; vertical-align:bottom">9  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant principal. junior high school</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant principal. junior high school</td> <td style="text-align:right; vertical-align:bottom">8  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant principal, Americanization School</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">9  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant principal. Americanization School</td> <td style="text-align:right; vertical-align:bottom">8  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Associate professor. District of Columbia Teachers College</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">13  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Associate professor, District of Columbia Teachers College</td> <td style="text-align:right; vertical-align:bottom">11  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant principal. elementary school</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant principal, elementary school</td> <td style="text-align:right; vertical-align:bottom">8  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant principal, health school</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">14  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant principal, health school</td> <td style="text-align:right; vertical-align:bottom">8  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant director, audio visual Instruction</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">13  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant director, audio visual instruction</td> <td style="text-align:right; vertical-align:bottom">11  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant director, evening and summer schools</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant director, evening and summer schools</td> <td style="text-align:right; vertical-align:bottom">10  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, veterans high school</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">8  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, veterans high school</td> <td style="text-align:right; vertical-align:bottom">6  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant director, practical nursing.</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">13  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant director, practical nursing.</td> <td style="text-align:right; vertical-align:bottom">11  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant director, subject field</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">13  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant director, subject field</td> <td style="text-align:right; vertical-align:bottom">11  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Statistician</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">11  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Statistician</td> <td style="text-align:right; vertical-align:bottom">10  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant professor. District of Columbia Teachers College</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">16  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant professor, District of Columbia Teachers College</td> <td style="text-align:right; vertical-align:bottom">13  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant professor, laboratory school</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">16  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant professor, laboratory school</td> <td style="text-align:right; vertical-align:bottom">13  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Chief attendance officer</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">15  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Chief attendance officer</td> <td style="text-align:right; vertical-align:bottom">12  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Chief librarian. District of Columbia Teachers College</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">13  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Chief librarian. District of Columbia Teachers College</td> <td style="text-align:right; vertical-align:bottom">11  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Clinical psychologist</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">13  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Clinical psychologist</td> <td style="text-align:right; vertical-align:bottom">12  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervisor, elementary education</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">13  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervisor, elementary education</td> <td style="text-align:right; vertical-align:bottom">11  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Psychiatric social worker</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">16  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Psychiatric social worker</td> <td style="text-align:right; vertical-align:bottom">13  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Attendance officer</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Attendance officer</td> <td style="text-align:right; vertical-align:bottom">15  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Census supervisor</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Census Supervisor</td> <td style="text-align:right; vertical-align:bottom">15  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Child labor inspector</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Child labor inspector</td> <td style="text-align:right; vertical-align:bottom">15  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Coordinator, practical nursing</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Coordinator, practical nursing</td> <td style="text-align:right; vertical-align:bottom">15  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Counselor, elementary and secondary schools</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Counselor, elementary and secondary schools</td> <td style="text-align:right; vertical-align:bottom">15  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Counselor, placement</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Counselor, placement</td> <td style="text-align:right; vertical-align:bottom">15  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Instructor, District of Columbia Teachers College</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Instructor, District of Columbia Teachers College</td> <td style="text-align:right; vertical-align:bottom">15  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Instructor, laboratory schools</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Instructor, laboratory schools</td> <td style="text-align:right; vertical-align:bottom">15  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Librarian, elementary and secondary schools</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Librarian, elementary and secondary schools</td> <td style="text-align:right; vertical-align:bottom">15  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Librarian</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Librarian</td> <td style="text-align:right; vertical-align:bottom">15  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Research assistant</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Research assistants</td> <td style="text-align:right; vertical-align:bottom">15  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">School psychologist</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">School psychologist</td> <td style="text-align:right; vertical-align:bottom">15  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">School social worker</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">School social worker</td> <td style="text-align:right; vertical-align:bottom">15  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Speech correctionist, District of Columbia Teachers College</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Speech corrcetionist, District of Columbia Teachers College</td> <td style="text-align:right; vertical-align:bottom">15  </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Teacher, elementary and secondary schools</td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black">18  </td> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Teacher, elementary and secondary schools</td> <td style="text-align:right; vertical-align:bottom">15”. </td> </tr> </tbody> </table> </content> </section> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Section 6, subsection (a), is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–1531">D.C. Code 31–1531</ref>.</p></sidenote> <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a) </num> <content>On January 1, 1963, each permanent employee assigned to salary classes 2 through 15 in accordance with section 1 and section 4 of this Act shall be assigned to the same numerical service step on the schedule for his salary class, or salary class and group, under this Act as he occupied on December 31, 1962, except that employees assigned to salary class 15 on January 1, 1963, who on December 31, 1962, were on service step 13 shall be assigned to service steps for their respective groups as follows: An employee who on January 1, 1963, has completed fifteen years of creditable service but less than eighteen years shall be assigned to longevity step X, and an employee who on January 1, 1963, has completed eighteen years of creditable service shall be assigned to longevity step Y. In determining years of creditable service for placement on service steps, credit shall be given for previous service in accordance with the provisions of this Act governing the placement of employees who are newly appointed, reappointed, or reassigned or who are brought under this Act in accordance with the provisions of section 5.”<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–1522">D.C. Code 31–1522</ref>.</p></sidenote></content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Section 6, subsection (b), is amended by striking the period at the end thereof and inserting the following; “<quotedText>, except that each employee in salary class 15 shall advance from service step 13 to longevity step X on July 1 following the completion of fifteen years <page identifier="/us/stat/76/1234">76 <inline class="smallCaps">Stat</inline>. 1234</page>of creditable service; from longevity step X to longevity step Y on July 1 following the completion of eighteen years of creditable service: <proviso><i>Provided</i>, That beginning with the step increase normally due July 1, 1963, the Board of Education, on the written recommendation of the Superintendent of Schools, is authorized to deny any such salary advancement for the year immediately following any year in which the employee fails to receive a performance rating of ‘satisfactory’ from his superior officer.</proviso></quotedText>”</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–1532">D.C. Code 31–1532</ref>.</p></sidenote> <content>Section 7, subsection (a), is amended by striking the figure “<quotedText>18</quotedText>” both times it appears and inserting in lieu thereof “<quotedText>15</quotedText>”, by striking the figure “<quotedText>17</quotedText>” and inserting in lieu thereof “<quotedText>14</quotedText>”, and by striking the fourth sentence and inserting in lieu thereof the following: “<quotedText>Employees newly appointed or reappointed to positions of assistant professor (salary class 13), chief librarian and associate professor (salary class 11), and professor (salary class 8) shall receive one year of placement credit for each year of satisfactory service, not in excess of five years, in a position or the same or higher rank in a college or university of recognized standing outside the District of Columbia public schools, as determined by the Board.</quotedText>”</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–1533">D.C. Code 31–1533</ref>.</p></sidenote> <content>Section 8, subsection (a), is amended by striking the period at the end thereof and inserting the following: “<quotedText>, except that beginning with any such step increase normally due subsequent to June 30, 1963, the Board of Education, on written recommendation of the Superintendent of Schools, is authorized to deny any such increase in salary for the year immediately following any year in which the employee fails to receive a performance rating of ‘satisfactory’ from his superior officer.</quotedText>”</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–1536">D.C. Code 31–1536</ref>.</p></sidenote> <content>Section 11, (1), is amended by inserting after the word “<quotedText>increment</quotedText>” the w’ords “or longevity increment”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–1542">D.C. Code 31–1542</ref>.</p></sidenote> <content>Section 13, subsection (a), is amended by striking the classification and pay rates for educational employees in the summer and evening schools and inserting in lieu thereof the following classification and pay rates: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="width:64%; height:4em; text-align:center; border-top:1px solid black; border-bottom:1px solid black">“Classification</td> <td style="width:12%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Step 1</td> <td style="width:12%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Step 2</td> <td style="width:12%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Step 3</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> <td style="text-align:right; vertical-align:bottom"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> <td style="text-align:center">Per Diem</td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> <tr> <td style="text-align:center"><span xmlns="http://schemas.gpo.gov/xml/uslm" class="smallCaps">summer school</span> <span xmlns="http://schemas.gpo.gov/xml/uslm" class="smallCaps">(regular)</span></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Teacher, elementary and secondary schools, and instructor, District of Columbia Teachers College</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$19. 72</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$21. 69</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$23. 66</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant professor, District of Columbia Teachers College</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">22. 68</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">24. 94</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">27. 21</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Associate professor, District of Columbia Teachers College</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">25. 64</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">28. 20</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">30. 76</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant principal, elementary and secondary schools</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">28. 59</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">31. 45</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">34, 31</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Supervising director, and professor, District of Columbia Teachers College</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">28. 59</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">31. 45</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">34. 31</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal, elementary and secondary schools</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">31. 55</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">34. 70</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">37. 86</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> <td style="text-align:center"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> <td style="text-align:center">Per Diem</td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> <tr> <td style="text-align:center"><span xmlns="http://schemas.gpo.gov/xml/uslm" class="smallCaps">veterans’ summer high school centers</span></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Teacher</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$29. 58</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$32. 54</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$35. 49</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> <td style="text-align:center"> </td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom"> </td> <td style="text-align:center">Per Period</td> <td style="text-align:right; vertical-align:bottom"> </td> </tr> <tr> <td style="text-align:center"><span xmlns="http://schemas.gpo.gov/xml/uslm" class="smallCaps">evening schools</span></td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-bottom:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Teacher</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$5. 04</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$5. 39</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">$5. 79</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Assistant principal</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">6. 98</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">7. 68</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">8. 40</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:-1em; padding-left:2em" leaders="yes">Principal</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">7. 71</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">8, 48</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black">9. 25”.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-bottom:1px solid black"> </td> </tr> </tbody> </table> </content> </paragraph> <page identifier="/us/stat/76/1235">76 <inline class="smallCaps">Stat</inline>. 1235</page> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>Section 13, subsection (b), is amended by striking “<quotedText>January<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–1542">D.C. Code 31–1542</ref>.</p></sidenote> 1, 1958</quotedText>” and inserting in lieu thereof “<quotedText>January 1, 1963</quotedText>”.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>Section 14 is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–1543">D.C. Code 31–1543</ref>.</p></sidenote> <quotedContent> <section class="firstIndent1 fontsize10"> <num value="14">“<inline class="smallCaps">Sec</inline>. 14. </num> <content class="inline">Each employee assigned to salary class 15 in the schedule provided in section 1 of this Act, each assistant professor in salary class 13, each associate professor and chief librarian in salary class 11 and each professor in salary class 8 shall be classified as a teacher for payroll purposes and his annual salary shall be paid in ten monthly installments in accordance with existing law.”</content> </section> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content class="inline">Section 15 is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–1544">D.C. Code 31–1544</ref>.</p></sidenote> <quotedContent> <section class="firstIndent1 fontsize10"> <num value="15">“<inline class="smallCaps">Sec</inline>. 15. </num> <content class="inline">On and after January 1, 1963, the Act entitled ‘An Act to provide that the Board of Education of the District of Columbia shall have sole authority to regulate the vacation periods and annual leave of absence of certain school officers and employees of the Board of Education of the District of Columbia’, approved March 5, 1952, as amended, shall apply to employees of the Board of Education whose<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/66/14">66 Stat. 14</ref>; <ref href="/us/stat/67/362">67 Stat. 362</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–698–698a">D.C. Code 31–698–698a</ref>.</p></sidenote> salaries are fixed in salary classes 6 through 14, inclusive, under this Act, except the following: Executive assistant to deputy superintendent and assistants to assistant superintendents in salary class 6; dean of students, District of Columbia Teachers College, professor, District of Columbia Teachers College, director, school attendance, and registrar. District of Columbia Teachers College, in salary class 8; assistant director, department of food services, in salary class 9; statistician, in salary class 10; associate professor, District of Columbia Teachers College, and chief librarian, District of Columbia Teachers College, in salary class 11; and assistant professor, District of Columbia Teachers College, in salary class 13.”</content> </section> </quotedContent> </content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">(14) </num> <content>Section 16 is amended by striking “<quotedText>January 1, 1958</quotedText>” and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–1545">D.C. Code 31–1545</ref>.</p></sidenote>inserting in lieu thereof “<quotedText>January 1, 1963</quotedText>”; by striking “<quotedText>salary class 18</quotedText>” and inserting in lieu thereof “<quotedText>salary class 15</quotedText>”; by striking “<quotedText>chief librarian and assistant professor, salary class 14</quotedText>” and inserting in lieu thereof “<quotedText>assistant professor, salary class 13; and chief librarian, salary class 11</quotedText>”.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">Section 2 of the Act entitled “An Act to amend the District <sidenote><p class="firstIndent1 fontsize8">Repeal.</p></sidenote>of Columbia Teachers’ Salary Act of 1955, as amended”, approved September 13, 1960 (74 Stat. 913), is repealed.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–1502">D.C. Code 31–1502</ref>.</p><p class="firstIndent1 fontsize8">Effective date.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">Sections 101 and 102 of this title shall take effect as of January 1, 1963.</content> </section> <num value="II">TITLE II</num> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The annuity of each person who, on the effective date <sidenote><p class="firstIndent1 fontsize8">Annuities.</p></sidenote>of this section, is receiving or entitled to receive an annuity from the District of Columbia teachers’ retirement and annuity fund shall be increased by 5 per centum of the amount of such annuity.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The annuity of each person who receives or is entitled to receive an annuity from the District of Columbia teachers’ retirement and annuity fund commencing during the period which begins on the day following the effective date of this section and ends five years after such date, shall be increased in accordance with the following table: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="width:80%; text-align:left; vertical-align:bottom"><span xmlns="http://schemas.gpo.gov/xml/uslm" class="bold">If the annuity commences between—</span></th> <th style="width:20%; text-align:center"><span xmlns="http://schemas.gpo.gov/xml/uslm" class="bold">The annuity shall be increased by—</span></th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom">January 2, 1963, and December 31, 1963</td> <td style="text-align:left; vertical-align:bottom">4 per centum.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">January 1, 1964, and December 31, 1964</td> <td style="text-align:left; vertical-align:bottom">3 per centum.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">January 1, 1965, and December 31, 1965</td> <td style="text-align:left; vertical-align:bottom">2 per centum.</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">January 1, 1966, and December 31, 1966</td> <td style="text-align:left; vertical-align:bottom">1 per centum.</td> </tr> </tbody> </table> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>In lieu of any other increase provided by this section, the annuity of a survivor of a retired employee who received an increase under this section shall be increased by a percentage equal to the percentage by which the annuity of such employee was so increased.</content> </subsection> <page identifier="/us/stat/76/1236">76 <inline class="smallCaps">Stat</inline>. 1236</page> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>No increase provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–725">D.C. Code 31–725</ref>.</p></sidenote> <content>The limitation contained in the next to the last sentence of section 5(c)(1) of the Act entitled “An Act for the retirement of public-school teachers in the District of Columbia”, approved August 7, 1946 (60 Stat. 875), as amended, as enacted by the Act of July 2, 1956 (70 Stat. 487), shall not be effective on and after the effective date of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num><sidenote><p class="firstIndent1 fontsize8">Effective date of increases.</p></sidenote> <content>The increases provided by this section shall take effect on the effective date of this section, except that any increase under subsection (b) or (c) shall take effect on the beginning date of the annuity.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>The monthly installment of annuity after adjustment under this section shall be fixed at the nearest dollar.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content class="inline">The Act entitled “An Act for the retirement of public-school teachers in the District of Columbia”, approved August 7, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–721">D.C. Code 31–721 <i>et seq</i></ref>.</p></sidenote>1946, as amended, is amended by adding at the end thereof the following new sections: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="21">“<inline class="smallCaps">Sec</inline>. 21. </num><sidenote><p class="firstIndent1 fontsize8">“Price index ”</p></sidenote> <content class="inline">Whenever used in this Act the term ‘price index’ shall mean the annual average over a calendar year of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics.</content> </section> <section class="firstIndent1 fontsize10"> <num value="22">“<inline class="smallCaps">Sec</inline>. 22. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">After January 1, 1964, and after each succeeding January 1, the Commissioners of the District of Columbia shall determine the per centum change in the price index from the later of 1962 or the year preceding the most recent cost-of-living adjustment to the latest complete year. On the basis of such Commissioners’ determination, the following adjustments shall be made:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>Effective April 1, 1964, if the change in the price index from 1962 to 1963 shall have equaled a rise of at least 3 per centum, each annuity payable from the fund which has a commencing date earlier than January 2, 1963, shall be increased by the per centum rise in the price index adjusted to the nearest one-tenth of 1 per centum.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Effective April 1 of any year other than 1964 after the price index change shall have equaled a rise of at least 3 per centum, each annuity payable from the fund which has a commencing date earlier than January 2 of the preceding year shall be increased by the per centum rise in the price index adjusted to the nearest one-tenth of 1 per centum.</content> </paragraph> </subsection> <page identifier="/us/stat/76/1237">76 <inline class="smallCaps">Stat</inline>. 1237</page> <subsection class="indent0 fontsize10"><num value="b">“(b) </num> <chapeau>Eligibility of an annuity increase under this section shall be governed by the commencing date of each annuity payable from the fund as of the effective date of an increase, except as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>Effective from the date of the first increase under this section, an annuity payable from the fund to an annuitant’s survivor (other than a child entitled under section 9(b)(3)), which <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–729">D.C. Code 31–729</ref>.</p></sidenote>annuity commenced the day after the annuitant’s death, shall be increased as provided in subsection (a)(1) or (a)(2) if the commencing date of annuity to the annuitant was earlier than January 2 of the year preceding the first increase.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Effective from its commencing date, an annuity payable from the fund to an annuitant’s survivor (other than a child entitled under section 9(b)(3)), which annuity commences the day after the annuitant’s death and after the effective date of the first increase under this section, shall be increased by the total per centum increase the annuitant was receiving under this section at death.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>For purposes of computing an annuity which commences after the effective date of the first increase under this section to a child under section 9(b)(3), the items $600, $720, $1,800, and $2, 160 appearing in section 9(b)(3) shall be increased by the total per centum increase allowed and in force under this section, and, in case of a deceased annuitant, the items 40 per centum and 50 per centum appearing in section 9(b)(3) shall be increased by the total per centum increase allowed and in force under this section to the annuitant at death. Effective from the date of the first increase under this section, the provisions of this paragraph shall apply as if such first increase were in effect with respect to computation of a child’s annuity under section 9(b)(3) which commenced between January 2 of the year preceding the first increase and the effective date of the first increase.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">“(c) </num> <content>No increase in annuity provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions.</content> </subsection> <subsection class="indent0 fontsize10"><num value="d">“(d) </num> <content>The monthly installment of annuity after adjustment under this section shall be fixed at the nearest dollar.”</content> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 5(b)(1) of the Act entitled “An Act for the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–725">D.C. Code 31–725</ref>.</p></sidenote> retirement of public-school teachers in the District of Columbia”, approved August 7, 1946, as amended, is amended by striking out “<quotedText>50 per centum</quotedText>” and inserting in lieu thereof “<quotedText>55 per centum</quotedText>” and by striking out “<quotedText>$2,400</quotedText>” and inserting in lieu thereof “<quotedText>$3,600</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b) </num> <content>Section 9(b)(1) of such Act is amended by striking out “<quotedText>one-half</quotedText>” <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–729">D.C. Code 31–729</ref>.</p></sidenote>and inserting in lieu thereof “<quotedText>55 per centum of</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c) </num> <content>Section 9(b)(2) of such Act is amended by striking out “<quotedText>one-half</quotedText>” in the three places where it appears therein and inserting in lieu thereof in the first two places “<quotedText>55 per centum of</quotedText>” and in the third place “<quotedText>55 per centum</quotedText>”.</content> </subsection> <page identifier="/us/stat/76/1238">76 <inline class="smallCaps">Stat</inline>. 1238</page> <subsection class="indent0 fontsize10"><num value="d">(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The third sentence of section 9(b)(3) of such Act is amended to read as follows: “<quotedText>The child’s annuity shall commence on the day after the employee dies, and such annuity granted under this Act or any right thereto shall terminate on the last day of the month before (1) his attaining age eighteen unless incapable of self-support, (2) his becoming capable of self-support after age eighteen, (3) his marriage, or (4) his death, except that the annuity of a child who is a student as described in section 9(c)(2) shall terminate on the last day of the month before (A) his marriage, (B) his death, (C) his ceasing to be such a student, or (D) his attaining age twenty-one.</quotedText>”</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Notwithstanding any other provision of law, the benefits resulting from enactment of this amendment shall be paid from the teachers’ retirement and annuity fund.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e) </num> <content>Section 9(c)(2) of such Act is amended by substituting a comma for the period at the end thereof and adding the following: “<quotedText>or such unmarried child between eighteen and twenty-one years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. A child whose twenty-first birthday occurs prior to July 1 or after August 31 of any calendar year, and while he is regularly pursuing such a course of study or training, shall be deemed for the purposes of this paragraph and section 9(b)(3) to have attained the age of twenty-one on the first day of July following such birthday. A child who is a student shall not be deemed to have ceased to be a student during any interim between school years if the interim does not exceed four months and if he shows to the satisfaction of the Commissioners that he has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately following the interim.</quotedText>”</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content class="inline">Notwithstanding any other provision of law, the benefits made payable under the Act entitled “An Act for the retirement of public-school teachers in the District of Columbia”, approved August <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/31–721">D.C. Code 31–721 <i>et seq</i></ref>.</p></sidenote>7, 1946, as amended, by reason of the enactment of this title shall be paid from the District of Columbia teachers’ retirement and annuity fund.</content> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content class="inline">Section 201 of this title shall take effect on January 1, 1963. The amendments made by section 203 shall not apply in the case of employees retired or otherwise separated prior to the date of enactment of this Act, and the rights of such persons and their survivors shall continue in the same manner and to the same extent as if these amendments had not been enacted.</content> </section> Approved October 24, 1962.
Public Law 87–882: To amend the District of Columbia Police and Firemen’s Salary Act of 1058, as amended, to increase salaries, to adjust pay alinement, and for other purposes. Public Law 882 Public Law 87–882 76 Stat. 1239 1962-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 1239 Public Law 87–882
AN ACT To amend the District of Columbia Police and Firemen’s Salary Act of 1058, as amended, to increase salaries, to adjust pay alinement, and for other purposes.

October 24, 1962

[S. 3705]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 101 of

District of Columbia Police and Firemen’s Salary Act of 1958, amendment.

the District of Columbia Police and Firemen’s Salary Act of 1958 (72 Stat. 480), as amended (sec. 4–823, et seq., D.C. Code, 1961 edition), is amended to read as follows:
“Sec. 101. The annual rates of basic compensation of the officers and members of the Metropolitan Police force and the Fire Department of the District of Columbia shall be fixed in accordance with the following schedule of rates:

“SALARY SCHEDULE
“Salary class and title Service step 1 Service step 2 Service step 3 Service step 4 Service step 5 Service step 6 Longevity step 7 Longevity step 8 Longevity step 9
1 Service as such for over 60 consecutive calendar days. ”
                   
Class 1:                  
Subclass (a) $5, 650 $5, 950 $6, 250 $6, 550 $6, 650 $7, 150 $7, 450 $7, 750 $8, 050
Fire private.                  
Police private.                  
Subclass (b) 5, 920 6, 220 6, 520 6, 820 7, 120 7, 420 7, 731 8, 020 8, 320
Private assigned as—                  
Technician I.                  
Plainclothesman. 1                  
Subclass (c) 6, 190 6. 490 6, 790 7, 090 7, 390 7, 600 7, 990 8, 200 8, 590
Private assigned as—                  
Technician II.                  
Station clerk.                  
Motorcycle officer.                  
Class 2:                  
Subclass (a) 6, 550 6. 850 7, 150 7, 450 _ _ _ _ _ _ _ _ 7, 750 8, 050 8, 350
Fire inspector.                  
Subclass (b) 6, 820 7, 130 7, 420 7, 720 _ _ _ _ _ _ _ _ 8, 020 8, 320 8, 620
Fire inspector assigned as—                  
Technician I.                  
Subclass (c) 7, 090 7.390 7.600 7, 090 _ _ _ _ _ _ _ _ 8, 290 8, 590 8, 890
Fire inspector assigned as—                  
Technician II.                  
Class 3 6. 900 7, 290 7, 590 7.890 _ _ _ _ _ _ _ _ 8, 190 8, 490 8, 790
Assistant marine engineer,                  
Assistant pilot.                  
Detective.                  
Class 4:                  
Subclass (a) 7, 461 7, 750 8, 050 8, 350 _ _ _ _ _ _ _ _ 8, 650 8, 950 9, 250
Fire sergeant.                  
Police sergeant.                  
Subclass (b) 7, 890 8, 190 8, 490 8, 790 _ _ _ _ _ _ _ _ 9, 090 9, 390 9, 690
Detective sergeant.                  
Subclass (c) 7, 930 8, 230 8.530 8, 830 _ _ _ _ _ _ _ _ 9, 130 9, 431 9, 730
Police sergeant assigned as—                  
Motorcycle officer.                  
Class 5 8, 350 8, 725 9, 100 9, 475 _ _ _ _ _ _ _ _ 9, 860 10.225 _ _ _ _
Fire lieutenant.                  
Police lieutenant.                  
Detective lieutenant.                  
Class 6: 8, 916 9, 290 9, 665 10, 040 _ _ _ _ _ _ _ _ 10, 415 10, 790 _ _ _ _
Marine engineer.                  
Pilot.                  
Class 7 9, 475 9, 850 10, 225 10, 609 _ _ _ _ _ _ _ _ 10, 976 11, 351 _ _ _ _
Fire captain.                  
Police captain                  
Detective captain.                  
Class 8 10.975 11, 375 11.776 12, 176 _ _ _ _ _ _ _ _ 12, 576 12, 975 _ _ _ _
Assistant Superintendent of Machinery.                  
Battalion are chief.                  
Deputy fire marshal.                  
Police inspector.                  
Class 9 12, 575 12, 975 13, 375 13, 775 _ _ _ _ _ _ _ _ 14, 175 14. 375 _ _ _ _
Deputy Fire Chief.                  
Deputy Chief of Police.                  
Fire marshal.                  
Superintendent of Machinery.                  
Class 10 17, 000 17, 400 17.800 18, 200 _ _ _ _ _ _ _ _ 18, 600 10, 000 _ _ _ _
Fire Chief.                  
Chief of Police.                  
                   
76 Stat. 1240
Sec. 2.

Adjustment of compensation rates.

 The rates of basic compensation of officers and members to whom the amendment made by the first section of this Act apply shall be adjusted in accordance with this section, and on and after the effective date of this Act section 201 of the District of Columbia Police

72 Stat. 482.

D.C. Code 4–824.

 and Firemen’s Salary Act of 1958 shall not apply to any such officer or member whose rate of basic compensation is so adjusted in accordance with this section. Such rates of basic compensation shall be adjusted as follows: (a)

Longevity rates.

 Each officer and member receiving basic compensation immediately prior to the effective date of this /Vet at one of the scheduled service or longevity rates of a class or subclass in the salary schedule in the District of Columbia Police and Firemen’s Salary Act of 1958,

72 Stat. 480.

D.C. Code 4–823 note.

as amended, shall receive a rate of basic compensation at the corresponding scheduled service or longevity rate in effect on and after the effective date of this Act, except that: (1) Each private who immediately prior to the effective date of this Act was serving in service step 6, or longevity steps 7 or 8 in any subclass in class 1, and had a total of thirteen or more years of service as of the first day of the first pay period which began after January 1, 1958, shall, on the effective date of this Act, be advanced from service step 6 to longevity step 7, or from longevity step 7 to longevity step 8, or from longevity step 8 to longevity step 9, as the case may be, and receive the appropriate scheduled rate of Basic compensation for such step in the subclass in which he is serving. Any active service immediately prior to the effective date of this Act which each such private has rendered in the service step or longevity step from which he is being advanced will be credited to him for subsequent advancement purposes under the provisions of section 401 of the District of Columbia

72 Stat. 484.

D.C. Code 4–832.

 Police and Firemen’s Salary Act of 1958, as amended, except that such active service provision shall not apply to any private assigned as detective, class 1, subclass (c), immediately prior to the effective date of this Act. (2) Each private who, immediately prior to the effective date of this Act, was serving in a position bearing the title of station clerk in class 1, subclass (b), shall be placed in the corresponding title in class 1, subclass (c), and shall receive basic compensation (1) at the service step or longevity step in subclass (c) corresponding to that service step or longevity step in which he was serving immediately prior to the effective date of this Act, or (2) at the longevity step to which he is entitled under the provisions of paragraph (1) of subsection (a) of this section. Any active service which each private so assigned as station clerk has rendered in the service step or longevity step in which he was serving immediately prior to the effective date of this Act will be credited to him for subsequent advancement purposes under the

D.C. Code 4–829, 4–832.

provisions of section 303 or section 401, as the case may be, of the District of Columbia Police and Firemen’s Salary Act of 1958, as amended. (3) Each private who immediately prior to the effective date of this Act was serving in a position bearing the title of detective or precinct detective in class 1, subclass (c) or subclass (d), shall on the effective date of this Act, after the application of the provisions of paragraph (1) of subsection (a) of this section, be placed in and receive basic 76 Stat. 1241compensation at a scheduled rate in class 3, with the title of detective as follows:
From— To—
Detective, class 1, subclass (c) : Detective, class 3 :
Service steps 1, 2, 3, and 4 Service step 1.
Service step 5 Service step 2.
Service step 6 Service step 3.
Longevity step 7 Service step 4.
Longevity step 8 Longevity step 7,
Longevity step 9 Longevity step 8.
   
From— To—
   
Precinct detective, class 1, subclass (d) : Detective, class 3 :
Service steps 1, 2, and 3 Service step 1.
Service step 4 Service step 2.
Service step 5 Service step 3.
Service step 6 Service step 4.
Longevity step 7 Longevity step 7.
Longevity step 8 Longevity step 8.
Longevity step 9 Longevity step 9.

In computing the time served by each officer or member so assigned from detective, class 1, subclass (c), to detective, class 3, on the effective date of this Act for purposes of advancement to the next higher scheduled service step or longevity step as provided in section 303 or 401, as the case may lie, of the District of Columbia Police and Firemen’s

72 Stat. 483, 484.

D.C. Code 4–829, 4–832.

Salary Act of 1958, as amended, such time shall commence as of the effective date of this Act. Any active service which each officer or member so assigned from precinct detective, class 1, subclass (d), to detective, class 3, has rendered in the service step or longevity step in which he was serving immediately prior to the effective date of this Act will be credited to him for subsequent advancement purposes under the provisions of section 303 or section 401, as the case may be, of the District of Columbia Police and Firemen’s Salary Act of 1958, as amended.

 (4) Each private who immediately prior to the effective date of this Act was serving in a position bearing the title of detective sergeant in class 1, subclass (e), shall on the effective date of this Act, after the application of the provisions of paragraph (1) of subsection (a) of this section be placed in the corresponding title in class 4, subclass (b), and shall receive the scheduled rate of basic compensation at a service step or longevity step as follows:
From— To—
Detective sergeant, class 1, subclass (e) : Detective sergeant, class 4. subclass (b) ;
Service steps 1, 2, and 3 Service step 1.
Service step 4 Service step 2.
Service step 5 Service step 3.
Service step 6 Service step 4.
Longevity step 7 Longevity step 7.
Longevity step 8 Longevity step 8,
Longevity step 9 Longevity step 9.

Any active service which each officer or member so assigned as detective sergeant has rendered in the service step or longevity step in which he was serving immediately prior to the effective date of this Act will be credited to him for subsequent advancement purposes under provisions of section 303 or section 401, as the case may be, of the District of Columbia Police and Firemen’s Salary Act of 1958, as amended.

 (5) Each officer and member who, immediately prior to the effective date of this Act, was in class 3, subclass (a), as corporal, or in class 3, subclass (b), as corporal assigned as motorcycle officer, shall, on the effective date of this Act be placed in and receive basic compensation 76 Stat. 1242at a scheduled rate in class 4, subclass (a), or class 4, subclass (c), as the case may be, with the title of sergeant as follows:
From— To—
Corporal, class 3, subclass (a) Sergeant, class 4, subclass (a) :
Service steps 1 and 2 Service step 1.
Service step 3 Service step 2.
Service step 4 Service step 3.
Longevity step 7 Service step 4.
Longevity step 8 Longevity step 7.
Longevity step 9 Longevity step 8.
   
From— To—
   
Corporal assigned as motorcycle officer, class 3, subclass (b) : Sergeant assigned as motorcycle officer, class 4. subclass (c) :
Service steps 1 and 2 Service step 1.
Service step 3 Service step 2.
Service step 4 Service step 3.
Longevity step 7 Service step 4.
Longevity step 8 Longevity step 7.
Longevity step 9 Longevity step 8.

In computing the time served by each officer or member so assigned from corporal to sergeant or from corporal to sergeant assigned as motorcycle officer on the effective date of this Act for purposes of advancement to the next higher scheduled service step or longevity step as provided in section 303 or 401, as the case may be, of the District

D.C. Code 4–829, 4–832.

of Columbia Police and Firemen’s Salary Act of 1958, as amended, such time shall commence as of the effective date of this Act.

 (6) Each officer or member who was a sergeant in class 4 immediately prior to the effective date of this Act, and who was a sergeant prior to July 1, 1953, shall be advanced to and shall receive the scheduled rate of basic compensation for longevity step 9 in class 4. Each officer or member who was a sergeant in class 4 immediately prior to the effective date of this Act and who was promoted to sergeant after June 30, 1953, and prior to the effective date of the District or Columbia Police and Firemen’s Salary Act of 1958, shall, if immediately prior to the effective date of this Act he was serving in longevity step 7 or service step 4 or any lower service step, be advanced to the second higher scheduled step in class 4 above such step in which he was so serving or if, immediately prior to the effective date of this Act he was serving in longevity step 8 he shall be advanced to longevity step 9 in class 4, and shall receive the scheduled rate of basic compensation for the step to which he is advanced. Each officer or member who was a sergeant in class 4 immediately prior to the effective date of this Act and who was promoted to sergeant on or after the effective date of the District of Columbia Police and Firemen’s Salary Act of 1958, shall be advanced to and receive the scheduled rate of basic compensation for the next higher scheduled step in class 4. Any active service which each such sergeant has rendered in the service step or longevity step in which he was serving immediately prior to the effective date of this Act will be credited to him for subsequent advancement purposes under the provisions of section 303 or section 401, as the case may be, of the District of Columbia Police and Firemen’s Salary Act of 1958, as amended. 76 Stat. 1243 (7) Each officer or member receiving basic compensation at scheduled longevity step 9, in classes 5 through 10, respectively, of the District of Columbia Police and Firemen’s Salary Act of 1958, as amended, shall be placed in and receive the rate of basic compensation at the scheduled longevity step 8, in classes 5 through 10, respectively, of the above schedule.
Sec. 3. (a) Section 203(b) of the District of Columbia Police and

D.C. Code 4–826.

Firemen’s Salary Act of 1958, as amended, is amended by deleting therefrom “Fire Marshal”. (b) Title II of such Act is amended by adding at the end thereof

D.C. Code 4–824–4–826.

the following new section:
“Sec. 204. The aide to the Fire Marshal shall be included as a fire inspector in class 2, subclass (a).”
(c) The first sentence of section 304 of such Act is amended to read

Promotion or transfer.

D.C. Code 4–830.

 as follows: “Any officer or member who is promoted or transferred to a higher class shall receive basic compensation at the lowest scheduled rate of such higher class which exceeds his existing rate of compensation by not less than one step increase of the class from which he is promoted or transferred: Provided, That any such officer or member serving in a subclass other than subclass (a) of any class (who is not assigned as a detective sergeant in class 4, subclass (b)) shall receive basic compensation at the lowest scheduled rate of such higher class which exceeds by one step increase the rate shown for subclass (a) in the same step in which he was serving in the class from which promoted: Provided further, That such scheduled rate in the higher class shall not be less than his existing rate of pay.” (d) Section 401(a)(2) of such Act is amended to read as follows:

Longevity step increases.

D.C. Code 4–832.

 “(2) Not more than three successive longevity step increases may be granted to any officer or member in classes 1 through 4, nor more than two successive longevity step increases may be granted to any officer or member in classes 5 through 10; nor shall any officer or member be granted a longevity step increase above the maximum scheduled longevity step m the subclass in which he is serving or, if there are no subclasses in his class, in the class in which he is serving.”
Sec. 4. The first section of the Act entitled “An Act to increase the

Repeal.

salaries of officers and members of the Metropolitan Police force and the Fire Department of the District of Columbia, United States Park Police, the White House Police, and for other purposes”, approved September 8, 1960 (Public Law 86–734) is hereby repealed.

74 Stat. 868.

D.C. Code 4–823.

Effective date.
Sec. 5. This Act shall take effect as of the first day of the first pay period beginning after January 1, 1963.
Approved October 24, 1962.
Public Law 87–883: To establish a Commission to develop and execute plans for the celebration of the one hundred and fiftieth anniversary of the Battle of Lake Erie, and for other purposes. Public Law 883 Public Law 87–883 76 Stat. 1244 1962-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 1244 Public Law 87–883
JOINT RESOLUTION To establish a Commission to develop and execute plans for the celebration of the one hundred and fiftieth anniversary of the Battle of Lake Erie, and for other purposes.

October 24, 1962

[S. J. Res. 208]

 Whereas the one hundred and fiftieth anniversary of the renowned naval Battle of Lake Erie near Put-in-Bay, Ohio, will occur in September 1963; Whereas the decisive victory of Commodore Oliver Hazard Perry on September 10, 1813, over the British naval forces in Lake Erie had profound results on the conclusion of the War of 1812 and the future of the United States as a nation; Whereas this victory of the small squadron commanded by Commodore Perry marked the only time in the history of the world that an entire British squadron surrendered to an enemy; Whereas Commodore Perry’s report following this engagement, “We have met the enemy, and they are ours . . . two ships, two brigs, one schooner and one sloop”, electrified the young Nation at that time and will ever be remembered in the annals of American history; Whereas the War of 1812 on the land and sea areas of the United States and Canada introduced these two great English-speaking nations to a period of one hundred and fifty years of permanent peace and mutual respect along an unfortified three-thousand-mile common boundary; Whereas this struggle resulted in memorializing the principle of international peace by arbitration and disarmament and lasting peace among nations; Whereas the enduring results of this conflict have cemented more strongly the cultural and economic ties which exist between Canada and the United States as a demonstration of peace and good will in a world today fraught with unrest and fear: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Battle of Lake Erie Sesquicentennial Celebration Commission.

Establishment.
That (a) there is hereby established a commission to be known as the “Battle of Lake Erie Sesquicentennial Celebration Commission” (hereinafter referred to as the “Commission”) which shall be composed of thirteen members as follows: (1)

Membership.

 Four members who shall be Members of the Senate, to be appointed by the President of the Senate (two of whom shall be from the State of Ohio); (2) Four members who shall be Members of the House of Representatives, to be appointed by the Speaker of the House of Representatives (two of whom shall be from the State of Ohio); (3) One representative of the Department of the Interior who shall be designated by the Secretary of the Interior and who shall serve as executive officer of the Commission; and (4) Four members to be appointed by the President of the United States. 76 Stat. 1245 (b) The President shall, at the time of appointment, designate one of the members appointed by him to serve as Chairman. The members of the Commission shall receive no salary. (c) Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.
Sec. 2. The functions of the Commission shall be to

Functions.

develop and to execute suitable plans for the celebration, in 1963, of the one hundred and fiftieth anniversary of the Battle of Lake Erie.
Sec. 3. The Commission may employ, without regard to the civil

Compensation.

5 USC 1113; Ante, p. 843.

service laws or the Classification Act of 1949, such employees as may be necessary in carrying out its functions: Provided, however, That no employee whose position would be subject to the Classification Act of 1949, as amended, if said Act were applicable to such position, shall be paid a salary at a rate in excess of the rate payable under said Act for positions of equivalent difficulty or responsibility. Such rates of compensation may be adopted by the Commission as may be authorized by the Classification Act of 1949, as amended, as of the same date such rates are authorized for positions subject to said Act. The Commission shall make adequate provision for administrative review of any determination to dismiss any employee.
Sec. 4. (a) The Commission is authorized to accept donations of

Acceptance of donations, etc.

money, property, or personal services; to cooperate with agencies of State and local governments, with patriotic and historical societies and with institutions of learning; and to call upon other Federal departments or agencies for their advice and assistance in carrying out the purposes of this joint resolution. The Commission, to such extent as it finds to be necessary, may procure supplies, services, and property and make contracts, and may exercise those powers that are necessary to enable it to carry out efficiently and in the public interest the purposes of this joint resolution: Provided, however, That all expenditures of the Commission shall be made from donated funds only. (b) Expenditures of the Commission shall be paid by the executive

Expenditures.

officer of the Commission, who shall keep complete records of such expenditures and who shall account for all funds received by the Commission. A report of the activities of the Commission, including an

Report to Congress.

accounting of funds received and expended, shall be furnished by the Commission to the Congress within one year following the termination of the celebration as prescribed by this joint resolution. The Commission shall terminate upon submission of its report to the Congress. (c) Any property acquired by the Commission remaining upon

Property or revenues, disposal.

termination of the celebration may be used by the Secretary of the Interior for purposes of the national park system or may be disposed of as surplus property. The net revenues, after payment of Commission expenses, derived from Commission activities, shall be deposited in the Treasury of the United States. (d) Mail matter sent by the Commission as penalty mail or franked

Franked mall.

 mail shall be accepted for mail subject to section 4156 of title 39, United States Code, as amended.

74 Stat. 661.
Approved October 24, 1962.
Public Law 87–884: To provide protection for the golden eagle. Public Law 884 Public Law 87–884 76 Stat. 1246 1962-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 1246 Public Law 87–884
JOINT RESOLUTION To provide protection for the golden eagle.

October 24, 1962

[H. J. Res. 489]

 Whereas the population of the golden eagle has declined at such an alarming rate that it is now threatened with extinction; and Whereas the golden eagle should be preserved because of its value to agriculture in the control of rodents; and Whereas protection of the golden eagle will afford greater protection for the bald eagle, the national symbol of the United States of America, because the bald eagle is often killed by persons mistaking it for the golden eagle: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Golden eagle, protection.
That the first two sections of the Act of June 8, 1940 (54 Stat. 250, as amended; 16 U.S.C. 668, 668a), are hereby amended to read as follows: “Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as hereinafter provided, shall take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner, any bald eagle commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, shall be fined not more than $500 or imprisoned not more than six months, or both: Provided, That nothing herein shall be construed to prohibit possession or transportation of any bald eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to June 8, 1940, and that nothing herein shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to this Act of the provisions relating to preservation of the golden eagle.
“Sec. 2.

Regulations, authorization.

 Whenever, after investigation, the Secretary of the Interior shall determine that it is compatible with the preservation of the bald eagle or the golden eagle to permit the taking, possession, and transportation of specimens thereof for the scientific or exhibition purposes of public museums, scientific societies, and zoological parks, or for the religious purposes of Indian tribes, or that it is necessary to permit the taking of such eagles for the protection of wildlife or of agricultural or other interests in any particular locality, he may authorize the taking of such eagles pursuant to regulations which he is hereby authorized to prescribe.: Provided, That on request of the Governor of any State, the Secretary of the Interior shall authorize the taking of golden eagles for the purpose of seasonally protecting domesticated flocks and nerds in such State, in accordance with regulations established under the provisions of this section, in such part or parts of such State and for such periods as the Secretary determines to be necessary to protect such interests: Provided further, That bald eagles may not be taken for any purpose unless, prior to such taking, a permit to do so is procured from the Secretary of the Interior.”
Approved October 24, 1962.
Public Law 87–885: To facilitate the entry of alien skilled specialists and certain relatives of United States citizens, and for other purposes. Public Law 885 Public Law 87–885 76 Stat. 1247 1962-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public 76 Stat. 1247 Public Law 87–885
AN ACT To facilitate the entry of alien skilled specialists and certain relatives of United States citizens, and for other purposes.

October 24, 1962

[S. 3361]

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

Aliens.

Specialists and relatives of U.S. citizens.

66 Stat. 179.

(1) is registered on a consular waiting list pursuant to section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153) under priority date earlier than March 31, 1954, and (2) is eligible for a quota immigrant status under the provisions of section 203(a)(4) of the said Act (8 U.S.C. 1153) on a basis of a petition filed with the Attorney General prior to January 1, 1962, and the spouse and children of such alien, shall be held to be nonquota immigrants and if otherwise admissible under the provisions of the Immigration and Nationality Act, shall be issued nonquota immigrant visas: Provided,

66 Stat. 163.

8 USC 1101 note.

 That, upon his application for an immigrant visa and for his admission into the United States, the alien is found to have retained his relationship to the petitioner and status as established in the approved petition.
Sec. 2. Any alien eligible for a quota immigrant status under the

Nonquota immigrant.

provisions of section 203(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1153) on the basis of a petition filed with the Attorney General prior to April 1, 1962, shall be held to be a nonquota immigrant and may be issued a nonquota immigrant visa: Provided, That, upon his application for an immigrant visa and for admission to the United States or for adjustment of his immigrant status in the United States pursuant to section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) the alien is found to have retained

72 Stat. 699.

 his status as established in the approved petition. This section shall be applicable only to aliens admissible to the United States except for the fact that an inunigrant visa is not promptly available for issuance to them because the first 50 per centum of the quota of the quota area to which they are chargeable is oversubscribed by beneficiaries of petitions approved by the Attorney General pursuant to sections 203 (a)(1) and 204 of the Immigration and Nationality Act (8 U.S.C. 1153, 1154) prior to the date of enactment of this Act.
Sec. 3. Section 204(c) of the Immigration and Nationality Act (8 U.S.C. 1154) is hereby amended by adding the following at the end thereof: “The Attorney General shall forward to the Congress a

Report to Congress.

report on each approved petition for immigrant status under section 203(a)(1) stating the basis for his approval and such facts as were by him deemed to be pertinent in establishing the beneficiary’s qualifications for the preferential status and for the petitioner’s urgent need for his services. Such reports shall be submitted to the Congress on the first and fifteenth day of each calendar month in which the Congress is in session.”
Sec. 4. Section 244 of the Immigration and Nationality Act (8

Suspension of deportation.

 U.S.C. 1254) is hereby amended to read:
“Sec. 244. (a) As hereinafter prescribed in this section, the Attorney General may, in his discretion, suspend deportation and adjust the status to that of an alien lawfully admitted for permanent residence, in the case of an alien who applies to the Attorney General for suspension of deportation and— “(1) is deportable under any law of the United States except the provisions specified in paragraph (2) of this subsection; has been physically present in the United States for a continuous period of not less than seven years immediately preceding the date of such application, and proves that during all of such period 76 Stat. 1248he was and is a person of good moral character; and is a person whose deportation would, in the opinion of the Attorney General, result in extreme hardship to the alien or to his spouse, parent, or child, who is a citizen or the United States or an alien lawfully admitted for permanent residence; or “(2)

8 USC 1251.

 is deportable under paragraphs (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), or (18) of section 241(a); has been physically present in the United States for a continuous period of not less than ten years immediately following the commission of an act, or the assumption of a status, constituting a ground for deportation, and proves that during all of such period he has been and is a person of good moral character: and is a person whose deportation would, in the opinion of the Attorney General, result in exceptional and extremely unusual hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence. “(b) The requirement of continuous physical presence in the United States specified in paragraphs (1) and (2) of subsection (a) of this section shall not be applicable to an alien who (A) has served for a minimum period of twenty-four months in an active-duty status in the Armed Forces of the United States and, if separated from such service, was separated under honorable conditions, and (B) at the time of his enlistment or induction was in the United States. “(c) (1) Upon application by any alien who is found by the Attorney General to meet the requirements of subsection (a) of this section the Attorney General may in his discretion suspend deportation of such alien. If the deportation of any alien is suspended under the provisions of this subsection, a complete and detailed statement of the facts and pertinent provisions of law in the case shall be reported to the Congress with the reasons for such suspension. Such reports shall be submitted on the first day of each calendar month in which Congress is in session. “(2)

In the case of an alien specified in paragraph (1) of subsection (a) of this section—

if during the session of the Congress at which a case is reported, or prior to the close of the session of the Congress next following the session at which a case is reported, either the Senate or the House of Representatives passes a resolution stating in substance that it does not favor the suspension of such deportation, the Attorney General shall thereupon deport such alien or authorize the alien’s voluntary departure at his own expense under the order of deportation in the manner provided by law. If, within the time above specified, neither the Senate nor the House of Representatives shall pass such a resolution, the Attorney General shall cancel deportation proceedings.

 “(3)

In the case of an alien specified in paragraph (2) of subsection (a) of this section—

if during the session of the Congress at which a case is reported, or prior to the close of the session of the Congress next following the session at which a case is reported, the Congress passes a concurrent resolution stating in substance that it favors the suspension of such deportation, the Attorney General shall cancel deportation proceedings. If within the time above specified the Congress does not pass such a concurrent resolution, or if either the Senate or the House of Representatives passes a resolution stating in substance that it does not favor the suspension of the deportation of such alien, the Attorney General shall thereupon deport such alien in the manner provided by law.

 76 Stat. 1249 “(d) Upon the cancellation of deportation in the case of any alien under this section, the Attorney General shall record the alien’s lawful admission for permanent residence as of the date the cancellation of deportation of such alien is made, and the Secretary of State shall, if the alien was classifiable as a quota immigrant at the time of entry and was not charged to the appropriate quota, reduce by one the quota of the quota to which the alien is chargeable under section 202 for the

8 USC 1152.

fiscal year then current at the time of cancellation or the next following year in which a quota is available. No quota shall be so reduced by more than 50 per centum in any fiscal year. “(e) The Attorney General may, in his discretion, permit any alien under deportation proceedings, other than an alien within the provisions

8 USC 1251.

of paragraph (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), or (18) of section 241(a)(and also any alien within the purview of such paragraphs if he is also within the provisions of paragraph (2) of subsection (a) of this section), to depart voluntarily from the United States at his own expense in lieu of deportation if such alien shall establish to the satisfaction of the Attorney General that he is, and has been, a person of good moral character for at least five years immediately preceding his application for voluntary departure under this subsection. “(f) No provision of this section shall be applicable to an alien who (1) entered the United States as a crewman; or (2) was admitted to the United States pursuant to section 101(a)(15)(J) or has

75 Stat. 534.

8 USC 1101.

acquired such status after admission to the United States; or (3) is a native of any country contiguous to the United States or of any adjacent island named in section 101(b)(5): Provided, That the Attorney General may in his discretion agree to the granting of suspension of deportation to an alien specified in clause (3) of this subsection if such alien establishes to the satisfaction of the Attorney General that he is ineligible to obtain a nonquota immigrant visa.
Approved October 24, 1962.
REORGANIZATION PLAN NO. 2 OF 1962

REORGANIZATION PLAN NO. 2 OF 196211 Reorganization Plan No. 1 of 1962 disapproved by the House of Representatives, February 21, 1962 (H. Res. 530).

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 29, 1962, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended.

Transmitted Mar. 29, 1962.

Effective June 8, 1962.

5 USC 133z note.

 CERTAIN SCIENCE AGENCIES AND FUNCTIONS Part I— Office of Science and Technology
Section 1. Office of Science and Technology. There is hereby established in the Executive Office of the President the Office of Science and Technology, hereafter in this Part referred to as the Office.
Sec. 2. Director and deputy. (a) There shall be at the head of the Office the Director of the Office of Science and Technology, hereafter in this Part referred to as the Director. The Director shall be appointed by the President by and with the advice and consent of the Senate and shall receive compensation at the rate of $22,500 per annum. (b) There shall be in the Office a Deputy Director of the Office of Science and Technology, who shall be appointed by the President by and with the advice and consent of the Senate and receive compensation at the rate of $20,500 per annum. The Deputy Director shall perform such functions as the Director may from time to time prescribe and shall act as Director during the absence or disability of the Director or in the event of vacancy in the office of Director. (c) No person shall while holding office as Director or Deputy Director engage in any other business, vocation, or employment.
Sec. 3. Transfer and performance of functions. (a) There are hereby transferred from the National Science Foundation to the Director: (1) So much of the functions conferred upon the Foundation by the provisions of section 3(a)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a) (1)) as will enable the Director

64 Stat. 149.

to advise and assist the President in achieving coordinated Federal policies for the promotion of basic research and education in the sciences. (2) The functions conferred upon the Foundation by that part of section 3(a)(6) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a) (6)) which reads as follows: “to evaluate scientific research programs undertaken by agencies of the. Federal Government.” 1253 76 Stat. 1254 (b) In carrying out the functions transferred by the provisions of section 3(a) of this reorganization plan, the Director snail assist the President as he may request with respect to the coordination of Federal scientific and technological functions and agencies. (c) The Director may from time to time make such provisions as he deems appropriate authorizing the performance of any of his functions by any other officer, or by any employee or agency, of the Office.
Sec. 4. Personnel. The Director may appoint employees necessary for the work of the Office under the classified civil service and fix their compensation in accordance with the classification laws.
Part II— National Science Foundation
Sec. 21. Executive Committee. (a) There is hereby established the Executive Committee of the National Science Board, hereafter in this Part referred to as the Executive Committee, which shall be composed of five voting members. Four of the members shall be elected as hereinafter provided. The Director provided for in section 22 of this reorganization plan, ex officio, shall be the fifth member and the chairman of the Executive Committee. (b)

Elections.

 At its annual meeting held in 1964 and at each of its succeeding annual meetings the National Science Board, hereafter in this Part referred to as the Board, shall elect two of its members as members of the Executive Committee, and the Executive Committee members so elected shall hold office for two years from the date of their election. Any person who has been a member of the Executive Committee (established by this reorganization plan) for six consecutive years shall thereafter be ineligible for service as a member thereof during the two-year period following the expiration of such sixth year. For the purposes of this subsection, the period between any two consecutive annual meetings of the Board shall be deemed to be one year. (c) At its first meeting held after the effective date of this section the Board shall elect four of its members as members of the Executive Committee. As designated by the Board, two of the Executive Committee members so elected shall hold office as such members until the date of the annual meeting of the Board held in 1964 and the other two members so elected shall hold such office until the annual meeting of the Board held in 1965. (d) Any person elected as a member of the Executive Committee to fill a vacancy occurring prior to the expiration of the term for which his predecessor was elected shall be elected for the remainder of such term. (e) The functions conferred upon the Executive Committee now existing under the provisions of the National Science Foundation Act of 1950, by the provisions of section 6 of the National Science Foundation Act

64 Stat. 151; 73 Stat. 467.

of 1950 (42 U.S.C. 1865) or otherwise, are hereby transferred to the Executive Committee established by the provisions of this Part; and the authority of the National Science Board to assign its powers and functions to the now-existing Executive Committee, and statutory limitations upon such assignment, shall hereafter be applicable to the Executive Committee established by the provisions of this Part.
76 Stat. 1255
Sec. 22. Director. (a) There is hereby established in the National Science Foundation a new office with the title of Director of the National Science Foundation. The Director of the National Science Foundation, hereafter in this Part referred to as the Director, shall be appointed by the President by and with the advice and consent of the Senate, before any person is appointed as Director the President shall afford the Board an opportunity to make recommendations to him with respect to such appointment. The Director shall receive compensation at the rate of $21,000 per annum and shall serve for a term of six years unless sooner removed by the President. The Director shall not engage in any business, vocation or employment other than that of serving as such Director, nor shall he, except with the approval of the Board, hold any office in, or act in any capacity for? any organization, agency, or institution with which the Foundation makes any contract or other arrangement under the National Science Foundation Actof 1950.

64 Stat. 149.

42 USC 1861 note.

 (b) Except to the extent inconsistent with the provisions of section 23(b)(2) of this reorganization plan, all functions of the office of Director of the National Science Foundation abolished by the provisions of section 23(a)(2) hereof are hereby transferred to the office of Director established by the provisions of subsection (a) of this section. (c) The Director, ex officio, shall be an additional member of the Board and, except in respect of compensation and tenure, shall be coordinate with other members of the Board. He shall be a voting member of the Board and shall be eligible for election by the Board as chairman or vice chairman of the Board.
Sec. 23. Abolitions. (a) The following agencies, now existing under the National Science Foundation Act of 1950, are hereby abolished: (1) The Executive Committee of the National Science Board (section 6 of Act; 42 U.S.C. 1865). (2) The office of Director of the National Science Foundation (sections 2 and 5 of Act; 42 U.S.C. 1861; 1864). (b) There are also hereby abolished: (1) The functions conferred upon the National Science Board by that part of section 6(a) of the National Science Foundation Act of 1950 (42 U.S.C. 1865(a)) which reads “The Board is authorized to appoint from among its members an Executive Committee”. (2) The functions of the Director of the National Science Foundation provided for in sections 4(a) and 5(a) of the National Science Foundation Act of 1950 (42 U.S.C. 1863(a); 1864(a)) with respect to serving as a nonvoting member of the Board and his functions with respect to serving as a nonvoting member of the Executive Committee provided for in section 6(b) of that Act (42 U.S.C. 1865(b)). (3) So much of the functions conferred upon divisional committees by the provisions of section 8(d) of the National Science Foundation Act of 1950 (42 U.S.C. 1867(d)) as consists of making recommendations to, and advising and consulting with, the Boara. (c) The provisions of sections 23(a) (1) and 23(b) (1) hereof shall become effective on the date of the first meeting of the Board held after the effective date of the other provisions of this reorganization plan.
76 Stat. 1256 Part III— Transitional Provisions
Sec. 31. Incidental transfers. (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, availaole, or to be made available, in connection with the functions transferred by the provisions of section 3 of this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Office of Science and Technology at such time or times as the said Director shall direct. (b) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided for in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate.
Sec. 32. Interim officers. (a) The President may authorize any person who immediately prior to the effective date of Part I of this reorganization plan holds a position in the Executive Office of the President to act as Director of the Office of Science and Technology until the office of Director is for the first time filled pursuant to the provisions of this reorganization plan or by recess appointment, as the case may be. (b) The President may authorize any person who immediately prior to the effective date of section 22 of this reorganization plan holds any office existing under the provisions of the National Science Foundation Act of 1950 to act as Director of the National Science Foundation until the office of Director is for the first time filled pursuant to the provisions of this reorganization plan or by recess appointment, as the case may be. (c) The President may authorize any person who serves in an acting capacity under the foregoing provisions of this section to receive the compensation attached to the office in respect of which he so serves. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled.
Proposing an amendment to the Constitution of the United States relating to the qualifications of electors. Proposed Constitutional Amendment 76 Stat. 1259 1962-03-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 2 87 2 public PROPOSED AMENDMENT
to the
CONSTITUTION
OF THE UNITED STATES
EIGHTY-SEVENTH CONGRESS, SECOND SESSION

PROPOSED AMENDMENT

to the

CONSTITUTION OF THE UNITED STATES

SECOND SESSION, NINETY-SECOND CONGRESS
JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relating to the qualifications of electors. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following article is hereby proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution only if ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress:
“Article—
“Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
“Sec. 2. The Congress shall have power to enforce this article by appropriate legislation.”
John W. McCormack Speaker of the House of Representatives. Carl Hayden President of the Senate pro tempore. I certify that this Joint Resolution originated in the Senate. Felton M. Johnston Secretary. [Passed Senate March 27, 1962; passed House August 27, 1962; received by the Office of the Federal Register, NARS, General Services Administration, August 29, 1962] 1259 PRIVATE LAWS

PRIVATE LAWS

SECOND SESSION, EIGHTY-SEVENTH CONGRESS

 Private Law 87–285: For the relief of Elwood Brunken. Private Law 285 Private Law 87–285 76 Stat. 1263 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–285
AN ACT For the relief of Elwood Brunken.

February 16, 1962

[S. 631]

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

Elwood Brunken.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Elwood Brunken of Tripp, South Dakota, such sum as the Secretary of Agriculture determines the said Elwood Brunken would have been entitled to receive under his crop insurance policy with the Federal Crop Insurance Corporation for crop losses sustained by him in 1959 had the croplands on which such losses were sustained not been determined (after such losses were sustained) to be noninsurable by the Federal Crop Insurance Corporation. In determining the amount the said Elwood Brunken would have been entitled to receive, the Secretary of Agriculture shall subtract an amount equal to the amount refunded to the said Elwood Brunken by the Federal Crop Insurance Corporation on account of insurance premiums paid by him for the years 1958 and 1959.
Approved February 16, 1962.
Private Law 87–286: For the relief of Howard B. Schmutz. Private Law 286 Private Law 87–286 76 Stat. 1263 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–286
AN ACT For the relief of Howard B. Schmutz.

February 16, 1962

[S. 651]

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

Howard B. Schmutz.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Howard B. Schmutz, of Salt Lake City, Utah, the sum of $1,242.50. The payment of such sum shall be in full satisfaction of all claims of the said Howard B. Schmutz against the United States for reimbursement of one-half of the costs incurred by him in constructing two reservoirs on federally owned land in reliance upon the approval by the Agricultural Stabilization Committee of Mohave County, Arizona, of 126376 Stat. 1264his application for Federal sharing of the costs of constructing such reservoirs under the agricultural conservation program for 1959: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved February 16, 1962.
Private Law 87–287: For the relief of Kenneth Stultz. Private Law 287 Private Law 87–287 76 Stat. 1264 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–287
AN ACT For the relief of Kenneth Stultz.

February 16, 1962

[H. R. 2147]

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

Kenneth Stultz.
That Kenneth Stultz, of Columbia, Missouri, is hereby relieved of liability to the United States in the amount of $579.56, the amount by which he was overpaid as a regular clerk in the postal service during the periods from July 1, 1953, to May 17, 1957, inclusive, and from July 12, 1958, to April 30, 1960, inclusive. Such overpayments were made as a result of an administrative error on the part of the Post Office Department in determining the longevity increases to which he was entitled. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for any amount for which liability is relieved by this Act.
Sec. 2. The Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Kenneth Stultz, of Columbia, Missouri, an amount equal to the aggregate of the amounts paid by him, or withheld from sums otherwise due him, in complete or partial satisfaction of the liability to the United States specified in the first section: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved February 16, 1962.
Private Law 87–288: For the relief of Anthony Robert Lowry (Antonio Piantadosi). Private Law 288 Private Law 87–288 76 Stat. 1264 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–288
AN ACT For the relief of Anthony Robert Lowry (Antonio Piantadosi).

February 16, 1962

[H. R. 2973]

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

Anthony R. Lowry.

66 Stat. 163.

8 USC 1101 note.
That, for the purposes of the Immigration and Nationality Act, Anthony Robert Lowry (Antonio Piantadosi) shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved February 16, 1962.
Private Law 87–289: For the relief of Giles L. Matthews. Private Law 289 Private Law 87–289 76 Stat. 1265 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1265 Private Law 87–289
AN ACT For the relief of Giles L. Matthews.

February 16, 1962

[H. R. 3710]

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

Giles L. Matthews.

Matthews, 1025 Roma Avenue Northeast, Albuquerque, New Mexico, is hereby relieved of all liability to repay to the United States the sum of $1,563.50 representing an overpayment of compensation incident to his transfer to the position of chief, special procedures section of the collector’s office, District of New Mexico, of the Internal Revenue Service, in the grade of GS–9 from the period April 1956 to April 1960. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, full credit shall be given for the amount for which liability is relieved by this Act.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of any amounts refunded by the said Giles L. Matthews or withheld from amounts otherwise due him because of the liability referred to in section 1 of this Act.
Approved February 16, 1962.
Private Law 87–290: For the relief of Mrs. Ann W. Edwards. Private Law 290 Private Law 87–290 76 Stat. 1265 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–290
AN ACT For the relief of Mrs. Ann W. Edwards.

February 16, 1962

[H. R. 4194]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That Mrs. Ann W.

Mrs. Ann W. Edwards.

Edwards, Glenallen, Virginia, is relieved of liability to pay to the United States the sum of $426.15, representing the aggregate amount of overtime compensation which, due to administrative error and contrary to law, was paid to her as an employee of the United States Post Office Department at Glenallen, Virginia. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for the amount for which liability is relieved by this Act.
Approved February 16, 1962.
Private Law 87–291: For the relief of Alessandro Bottero. Private Law 291 Private Law 87–291 76 Stat. 1265 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–291
AN ACT For the relief of Alessandro Bottero.

February 16, 1962

[H. R. 4211]

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

Alessandro Bottero.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Alessandro Bottero shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon the granting

Quota deduction.

 of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved February 16, 1962.
Private Law 87–292: For the relief of Dimitri Elias Sartan. Private Law 292 Private Law 87–292 76 Stat. 1266 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1266 Private Law 87–292
AN ACT For the relief of Dimitri Elias Sartan.

February 16, 1962

[H. R. 4280]

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

Dimitri E. Sartan.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Dimitri Elias Sartan shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment

Quota deduction.

of this Act, upon payment of the required visa fee. Upon the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved February 16, 1962.
Private Law 87–293: For the relief of Walter H. Hanson. Private Law 293 Private Law 87–293 76 Stat. 1266 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–293
AN ACT For the relief of Walter H. Hanson.

February 16, 1962

[H. R. 4381]

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

Walter H. Hanson.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Walter H. Hanson of Denver, Colorado, the sum of $7,680. The payment of such sum shall be in full settlement of all claims of Walter H. Hanson against the United States on account of the loss of the mid fore leg of his right leg as the result of injuries sustained by him on May 13, 1957, while he was operating a mobile crane unloading sand and gravel from a scow at the Still Harbor Dock at the United States penitentiary at McNeil Island, Washington: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty or a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

This claim is not cognizable under the tort claims procedure.

Approved February 16, 1962.
Private Law 87–294: For the relief of Mary C. Atkinson. Private Law 294 Private Law 87–294 76 Stat. 1266 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–294
AN ACT For the relief of Mary C. Atkinson.

February 16, 1962

[H. R. 4876]

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

Mary C. Atkinson.

That Mary C. Atkinson of Shawsville, Virginia, is hereby relieved of all liability to refund to the United States the sum of $400.58 representing overpayments of compensation for services she performed as an employee of the Post Office Department, which overpayments, through an administrative error, resulted from the fact that she was given credit for longevity compensation from the time that she was appointed to the 76 Stat. 1267position of assistant postmaster at the Shawsville, Virginia, post office on August 8, 1934, rather than from the time that she was appointed a temporary substitute clerk on February 16, 1945, at that post office.
Approved February 16, 1962.
Private Law 87–295: To amend Private Law 85–699. Private Law 295 Private Law 87–295 76 Stat. 1267 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–295
AN ACT To amend Private Law 85–699.

February 16, 1962

[H. R. 5181]

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

Charles C. and George C. Finn.

entitled “An Act for the relief of Charles C. and George C. Finn”, approved August 27, 1958 (72 Stat. A157), is amended by striking out “on September 15, 1952” and inserting in lieu thereof “on or about September 18, 1952”.
Approved February 16, 1962.
Private Law 87–296: For the relief of Doctor Serafin T. Ortiz. Private Law 296 Private Law 87–296 76 Stat. 1267 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–296
AN ACT For the relief of Doctor Serafin T. Ortiz.

February 16, 1962

[H. R. 5324]

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

Dr. Serafin T. Ortiz.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Doctor Serafin T. Otriz shall be held and considered to have been lawfully admitted to the United States for permanent residence as of June 23, 1955.
Approved February 16, 1962.
Private Law 87–297: To confer jurisdiction on the United States Court of Claims to hear, determine, and render judgment on the claim of George Edward Barnhart against the United States. Private Law 297 Private Law 87–297 76 Stat. 1267 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–297
AN ACT To confer jurisdiction on the United States Court of Claims to hear, determine, and render judgment on the claim of George Edward Barnhart against the United States.

February 16, 1962

[H. R. 6025]

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

George E. Barn-hart.

 hereby conferred on the United States Court of Claims to hear, determine. and render judgment on the claim of George Edward Barnhart, of Altadena, California, against the United States for the unauthorized manufacture, use and/or sale by or for the United States since December 31, 1946, of inventions covered by the following enumerated patents of and owned by the said George Edward Barnhart: United States Letters Patents Numbered 1,854,444, 1,974,407, 2,005,965, 2,026,727, 2,026,728, 2,041,688, 2,070,705, 2,158,686.
Sec. 2. All defenses of the United States based on laches, lapse of time, or any statute of limitations are hereby waived. Proceedings for the determination of such claims, appeals therefrom, and payment of any judgment thereon, shall be in the same manner as in cases over which such court has jurisdiction pursuant to section 1491 of title 28 of the United States Code. Nothing in this Act shall be construed as an admission of liability on the part of the United States.
Approved February 16, 1962.
Private Law 87–298: For the relief of Francis Ainsworth. Private Law 298 Private Law 87–298 76 Stat. 1268 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1268 Private Law 87–298
AN ACT For the relief of Francis Ainsworth.

February 16, 1962

[H. R. 6120]

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

Francis Ainsworth.

That the United States Civil Service Commission is directed to authorize payment, out of the civil service retirement and disability fund, to Francis Ainsworth, of Fall River, Massachusetts, an amount equal to interest at 3 per centum per annum compounded annually, on the refund of retirement deductions which was due him upon his separation from Government service, from the date of such separation to the day of payment of such refund, such payment having been delayed for a period of fifteen years because of an error in the computation of the length of his allowable service.
Approved February 16, 1962.
Private Law 87–299: For the relief of Arlin David English. Private Law 299 Private Law 87–299 76 Stat. 1268 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–299
AN ACT For the relief of Arlin David English.

February 16, 1962

[H. R. 6226]

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

Arlin D. English.

66 Stat. 267.

8 USC 1481.

That Arlin David English, who lost United States citizenship under the provisions of section 349(a)(3) of the Immigration and Nationality Act of 1952, may be naturalized by taking prior to one year after the effective date of this Act, before any court referred to in subsection (2) of section

8 USC 1421, 1448.

 310 of the Immigration and Nationality Act or before any naturalization court in the United States, the oaths prescribed by section 337 of the said Act. From and after naturalization under this Act, the said Arlin David English shall have the same citizenship status as that which existed immediately prior to its loss.
Approved February 16, 1962.
Private Law 87–300: For the relief of Julius Benikosky. Private Law 300 Private Law 87–300 76 Stat. 1268 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–300
AN ACT For the relief of Julius Benikosky.

February 16, 1962

[H. R. 6644]

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

Julius Benikosky.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Julius Benikosky, of Plainfield, New Jersey, the sum of $122.50 in full settlement of all his claims against the United States for reimbursement for a judgment rendered on November 20, 1960, against him individually on a claim arising out of an automobile accident in which he was involved on August 10, 1959, while engaged in his duties as a postal employee at Plainfield, New Jersey: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved February 16, 1962.
Private Law 87–301: For the relief of Doctor Robert E. Hiller. Private Law 301 Private Law 87–301 76 Stat. 1269 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1269 Private Law 87–301
AN ACT For the relief of Doctor Robert E. Hiller.

February 16, 1962

[H. R. 6938]

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

Dr. Robert E. Hiller.

E. Hiller, an employee of the United States Air Force in Germany, is hereby relieved of liability to the United States in the amount of $1,755.20. Doctor Hiller accepted employment in good faith at a beginning salary of $12,555 per annum, having stated in his application for employment that $12,500 per annum was the minimum salary he would accept. The beginning salary and an increase thereafter granted was, as a result of administrative error, more than he might lawfully be paid, the difference in all amounting to $1,755.20 during the period from September 8, 1958, when he was hired, to August 6, 1960, when the error was corrected. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for any amount for which liability is relieved by this Act.
Sec. 2. The Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated to Doctor Robert E. Hiller, an amount equal to the aggregate of the amount paid by him, or withheld from sums otherwise due him, in complete or partial satisfaction of the liability to the United States specified in the first section: Provided. That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved February 16, 1962.
Private Law 87–302: For the relief of Albert R. Serpa. Private Law 302 Private Law 87–302 76 Stat. 1269 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–302
AN ACT For the relief of Albert R. Serpa.

February 16, 1962

[H. R. 7473]

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

Albert R. Serpa.

of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Albert R. Serpa, of New Bedford, Massachusetts, the sum of $1,485.80. Such sum represents reimbursement to the said Albert R. Serpa for paying out of his own funds judgments rendered against him, and costs, in the United States District Court, District of Massachusetts, as the result of an accident occurring when said Albert R. Serpa was operating a Government motor vehicle in the course of his duties as an employee of the United States Post Office Department: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved February 16, 1962.
Private Law 87–303: For the relief of Mrs. Sharon Lee Harden. Private Law 303 Private Law 87–303 76 Stat. 1270 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1270 Private Law 87–303
AN ACT For the relief of Mrs. Sharon Lee Harden.

February 16, 1962

[H. R. 7740]

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

Sharon L. Harden.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Mrs. Sharon Lee Harden, widow of Second Lieutenant Donald L. Harden, United States Air Force (deceased), of Sun Valley, California, the sum of $1,138.19 in full satisfaction of her claim against the United States for reimbursement in addition to the amount she received under section 2732 of title

70A Stat. 152.

10, United States Code, for household goods and personal effects destroyed as a result of a fire on May 29, 1960, at the AAA Moving and Storage Company, agent for North American Van Lines, Valdosta, Georgia, while the property was stored in a warehouse under a Government contract: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved February 16, 1962.
Private Law 87–304: For the relief of Harrison Thomas Harper. Private Law 304 Private Law 87–304 76 Stat. 1270 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–304
AN ACT For the relief of Harrison Thomas Harper.

February 16, 1962

[H. R. 8325]

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

Harrison T. Harper.

That, the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Harrison Thomas Harper, of Cincinnati, Ohio, the sum of $3,500 in full settlement of all his claims against the United States for the injury to his left eye resulting from an accident which occurred on March 17, 1958, when he was working in the machine shop on an institutional assignment while in confinement at the United States penitentiary at Atlanta, Georgia: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved February 16, 1962.
Private Law 87–305: For the relief of George B. Olmstead. Private Law 305 Private Law 87–305 76 Stat. 1271 1962-02-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1271 Private Law 87–305
AN ACT For the relief of George B. Olmstead.

February 16, 1962

[H. R. 8779]

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

George B. Olmstead.

 Olmstead is hereby relieved of all liability for repayment to the United States of the sum of $1,866.40, representing overpayment of compensation he received, through administrative error, as an employee of the Department of the Air Force, Air Force Technical Applications Center, Headquarters, United States Air Force, in the period between July 13, 1958, and November 12, 1960.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said George B. Olmstead, the sum of any amounts received or withheld from him on account of the overpayment referred to in the first section of this Act.
Approved February 16, 1962.
Private Law 87–306: For the relief of the Houston Belt and Terminal Railway Company. Private Law 306 Private Law 87–306 76 Stat. 1271 1962-02-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–306
AN ACT For the relief of the Houston Belt and Terminal Railway Company.

February 21, 1962

[H. R. 6013]

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

Houston Belt and Terminal Railway Co.

the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Houston Belt and Terminal Railway Company the sum of $28,614.16. The payment of such sum shall be in full settlement of all claims of the said Houston Belt and Terminal Railway Company against the United States for reimbursement for actual expenses borne by such company for alteration of its bridge 3.62 over Brays Bayou in Houston, Harris County, Texas, which alteration was made in connection with the improvement of Brays Bayou for flood-control purposes and for which amount such company has not otherwise been reimbursed, and if Houston Belt and Terminal Railway Company had not made such bridge alteration, such alteration would have been made subsequently at the expense of the United States as a part of its flood-control project which included the improvement of Brays Bayou; and such bridge alteration inured to the benefit of the United States in subsequently carrying out such flood-control project which it approved and authorized: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved February 21, 1962.
Private Law 87–307: For the relief of Colonel Samuel Hale. Private Law 307 Private Law 87–307 76 Stat. 1272 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1272 Private Law 87–307
AN ACT For the relief of Colonel Samuel Hale.

March 3, 1962

[S. 67]

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

Col. Samuel Hale.

That Colonel Samuel Hale, 4534A, United States Air Force, is relieved of liability to the United States for the payment of so much of the aggregate amount of a loss of funds in his class B agent account that occurred during the period beginning on January 1, 1955, and ending on June 30, 1956, as has not been received by the United States before the date of enactment of this Act.
Approved March 3, 1962.
Private Law 87–308: For the relief of Evagelos Mablekos. Private Law 308 Private Law 87–308 76 Stat. 1272 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–308
AN ACT For the relief of Evagelos Mablekos.

March 3, 1962

[S. 235]

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

Evagelos Mablekos.

66 Stat. 182.

8 USC 1182.

That, notwithstanding the provisions of paragraph (19) of section 212(a) of the Immigration and Nationality Act, Evagelos Mablekos may be issued an immigrant visa and admitted to the United States for permanent residence if he is found to be otherwise admissible under the provisions of such Act: Provided, That this Act shall apply only to grounds for exclusion under such paragraph known to the Secretary of State or the Attorney General prior to the date of the enactment of this Act.
Approved March 3, 1962.
Private Law 87–309: For the relief of Haralambos Agourakls. Private Law 309 Private Law 87–309 76 Stat. 1272 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–309
AN ACT For the relief of Haralambos Agourakls.

March 3, 1962

[S. 241]

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

Haralambos Agourakls.

8 USC 1101, 1155.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, Haralambos Agourakis shall be held and considered to be the natural-born alien child of John William and Effie Parashos, citizens of the United States.
Approved March 3, 1962.
Private Law 87–310: For the relief of Airman First Class Percy J. Trudeau. Private Law 310 Private Law 87–310 76 Stat. 1272 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–310
AN ACT For the relief of Airman First Class Percy J. Trudeau.

March 3, 1962

[S. 429]

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

Ale. Percy J. Trudeau.

That the Secretary of the Treasury is authorized and directed to pay, out of any money 76 Stat. 1273in the Treasury not otherwise appropriated, to Airman First Class Percy J. Trudeau, the sum of $260, in full settlement of his claim against the United States for reimbursement of expenses incurred by him in moving his house trailer in connection with a transfer which he made pursuant to orders of December 4, 1958, from Hamilton Air Force Base, California, to Fitzsimons Army Hospital, Denver, Colorado: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved March 3, 1962.
Private Law 87–311: For the relief of Eugenia Chrzastowski. Private Law 311 Private Law 87–311 76 Stat. 1273 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–311
AN ACT For the relief of Eugenia Chrzastowski.

March 3, 1962

[S. 531]

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

Eugenia Chrzastowski.

66 Stat. 163.

8 USC 1101 note.

 of the Immigration and Nationality Act, Eugenia Chrzastowski shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon the granting

Quota deduction.

 of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved March 3, 1962.
Private Law 87–312: For the relief of Nancie Ellen Williamson. Private Law 312 Private Law 87–312 76 Stat. 1273 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–312
AN ACT For the relief of Nancie Ellen Williamson.

March 3, 1962

[S. 1076]

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

Nancie E. WUilliamson.

8 USC 1101. 1155.

of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Nancie Ellen Williamson, shall be held and considered to be the natural-born alien child of Mr. and Mrs. Percy Williamson, citizens of the United States: Provided, That no natural parent of Nancie Ellen Williamson by virtue of such parentage shall be accorded any right, privilege, or status under the Immigration and Nationality Act.

8 USC 1101 note.

Approved March 3, 1962.
Private Law 87–313: For the relief of the Sulzbach Construction Company. Private Law 313 Private Law 87–313 76 Stat. 1274 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1274 Private Law 87–313
AN ACT For the relief of the Sulzbach Construction Company.

March 3, 1962

[S. 1348]

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

Sulzbach Construction Co.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the Sulzbach Construction Company, of Sioux City, Iowa, the sum of $48,581.71. The payment of such sum shall be in full settlement of all the claims of the Sulzbach Construction Company against the United States, remaining unpaid, for certain additional amounts due on account of work performed under its contract with the Air Defense Command (dated July 3, 1958) for site preparation and construction of offsite utilities in connection with the two hundred and thirty-five unit family housing project built under title VIII of the National Housing Act at

63 Stat. 570; 73 Stat. 683.

12 USC 1748–17481.

Sioux City Air Force Base. Iowa. The necessity for payment of additional amounts under the contract arose because of unforeseen expenses resulting from changed conditions during performance, and such payment was approved by the Armed Forces Board of Contract Appeals, but such payment could not be made in full on account of the statutory per-unit ceiling contained in section 505 of the Act of

65 Stat. 365.

12 USC 17481.

September 28, 1951: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved March 3, 1962.
Private Law 87–314: For the relief of Yasuko Otsu. Private Law 314 Private Law 87–314 76 Stat. 1274 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–314
AN ACT For the relief of Yasuko Otsu.

March 3, 1962

[S. 1560]

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

Yasuko Otsu.

66 Stat. 163.

8 USC 1101 note.

That, in the administration of the Immigration and Nationality Act, Yasuko Otsu, the fiancée of Ralph Allen Spellman, a citizen or the United States, shall be eligible for a visa as a nonimmigrant temporary visitor for a period of three months, if the administrative authorities find (1) that the said Yasuko Otsu, is coming to the United States with a bona fide intention of being married to the said Ralph Allen Spellman and (2) that she is otherwise admissible under the Immigration and Nationality Act. In the event the marriage between the above-named persons does not occur within three months after the entry of the said Yasuko Otsu she shall be required to depart from the United States and upon failure to do so shall be deported in accordance with the provisions of sections

8 USC 1252, 1253.

242 and 243 of the Immigration and Nationality Act. In the event the marriage between the above-named persons shall occur within three months after the entry of the said Yasuko Otsu the Attorney General is authorized and directed to record the lawful admission for permanent residence of the said Yasuko Otsu as of the date of the payment by her of the required visa fee.
Approved March 3, 1962.
Private Law 87–315: For the relief of Brigitte Marie Ida Kroll. Private Law 315 Private Law 87–315 76 Stat. 1275 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1275 Private Law 87–315
AN ACT For the relief of Brigitte Marie Ida Kroll.

March 3, 1962

[S. 1685]

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

Brigitte M. I. Kroll.

66 Stat. 163.

8 USC 1101 note.

 of the Immigration and Nationality Act, the periods of time Brigitte Marie Ida Kroll has resided in the United States since her admission as a lawful permanent resident on May 23, 1953, shall be held and considered to meet the residence and physical presence requirements of section 316 of the said Act, and the petition for

8 USC 1427.

naturalization may be filed with any court having naturalization jurisdiction.
Approved March 3, 1962.
Private Law 87–316: For the relief of Frances E. Sarcone. Private Law 316 Private Law 87–316 76 Stat. 1275 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–316
AN ACT For the relief of Frances E. Sarcone.

March 3, 1962

[S. 1776]

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

Frances E. Sarcone.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Frances E. Sarcone shall be held and considered to have been lawfully admitted to the United States for permanent residence as of September 18, 1951.
Approved March 3, 1962.
Private Law 87–317: For the relief of Doctor Tzy-cheng Peng. Private Law 317 Private Law 87–317 76 Stat. 1275 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–317
AN ACT For the relief of Doctor Tzy-cheng Peng.

March 3, 1962

[S. 1791]

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

Dr. Tzy-cheng Peng.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Doctor Tzy-cheng Peng shall be held and considered to have been lawfully admitted to the United States for permanent residence as of September 26, 1952, upon payment of the required visa fee. Upon the granting of permanent

Quota deduction.

residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved March 3, 1962.
Private Law 87–318: For the relief of Susanne Rae Deremo. Private Law 318 Private Law 87–318 76 Stat. 1275 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–318
AN ACT For the relief of Susanne Rae Deremo.

March 3, 1962

[S. 1832]

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

Susanne R. Deremo.

8 USC 1101, 1155.

of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Susanne Rae Deremo, shall be held 76 Stat. 1276and considered to be the natural-born alien child of Charles E. Deremo and Elene Deremo, citizens of the United States: Provided, That the natural parents of the said Susanne Rae Deremo shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved March 3, 1962.
Private Law 87–319: For the relief of Doctor Berchinans Rioux. Private Law 319 Private Law 87–319 76 Stat. 1276 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–319
AN ACT For the relief of Doctor Berchinans Rioux.

March 3, 1962

[S. 1866]

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

Dr. Berchmans Rioux.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Doctor Berchmans Rioux shall be held and considered to have been lawfully admitted to the United States for permanent residence as of July 14, 1949, and the time he has resided and been physically present in the United States since that date shall be held and considered to meet the residence

8 USC 1427.

and physical presence requirements of section 316 of the said Act.
Approved March 3, 1962.
Private Law 87–320: For the relief of Lucia Bianca Cianto Rosa. Private Law 320 Private Law 87–320 76 Stat. 1276 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–320
AN ACT For the relief of Lucia Bianca Cianto Rosa.

March 3, 1962

[S. 1870]

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

Lucia B. C. Rosa.

8 USC 1101 note.

73 Stat. 644; 75 Stat. 657.

8 USC 1153 note.

That, for the purposes of the Immigration and Nationality Act, Lucia Bianca Cianto Rosa shall be deemed to be within the purview of section 4 of Public Law 86–363, the Act of September 22, 1959.
Approved March 3, 1962.
Private Law 87–321: For the relief of Hugo Kolberg. Private Law 321 Private Law 87–321 76 Stat. 1276 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–321
AN ACT For the relief of Hugo Kolberg.

March 3, 1962

[S. 2149]

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

Hugo Kolb erg.

66 Stat. 163.

8 USC 1101 note.

8 USC 1484.

That, in the administration of the Immigration and Nationality Act, Hugo Kolberg, a naturalized citizen of the United States, shall be held not to lose nor to have lost his United States citizenship under section 352(a) (1) of such Act by residing in Germany: Provided, That he returns to the United States for permanent residence prior to September 1, 1964.
Approved March 3, 1962.
Private Law 87–322: For the relief of Saifook Chan. Private Law 322 Private Law 87–322 76 Stat. 1277 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1277 Private Law 87–322
AN ACT For the relief of Saifook Chan.

March 3, 1962

[S. 2163]

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

Saifook Chan.

66 Stat. 163, 175.

8 USC 1101 note, 1151.

of the Immigration and Nationality Act, the provisions of the proviso to section 201(a) shall not be applicable in the case of Saifook Chan, a native of Malaya.
Approved March 3, 1962.
Private Law 87–323: For the relief of Doctor Hau Cheong Kwaan, his wife. Tech Phaik Loul Kwaan, and their daughter, Laura Wai Man Kwaan. Private Law 323 Private Law 87–323 76 Stat. 1277 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–323
AN ACT For the relief of Doctor Hau Cheong Kwaan, his wife. Tech Phaik Loul Kwaan, and their daughter, Laura Wai Man Kwaan.

March 3, 1962

[S. 2385]

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

Dr. Hau Cheong Kwaan.

66 Stat. 163.

8 USC 1101 note.

8 USC 1151, 1152.

of the Immigration and Nationality Act, the provisions of the proviso contained in section 201(a), and the provisions of sections 202(a)(5) and 202(b) shall be deemed not to he applicable in the cases of Doctor Hau Cheong Kwaan, a native of the British Crown Colony of Hong Kong, his wife, Tech Phaik Loui Kwaan, a native of Malaya, and their daughter, Laura Wai Man Kwaan, a native of the British Crown Colony of Hong Kong.
Approved March 3, 1962.
Private Law 87–324: To provide for the conveyance of certain real property of the United States to the former owner thereof. Private Law 324 Private Law 87–324 76 Stat. 1277 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–324
AN ACT To provide for the conveyance of certain real property of the United States to the former owner thereof.

March 3, 1962

[H. R. 1375]

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

Richard V. Evans and wife.

Conveyance.

of Agriculture shall convey, without consideration therefor, to Richard V. Evans and his wife Lennie E. Evans, Elsinore, California, all right, title, and interest of the United States in and to the real property, consisting of one and twenty-seven thousandths acres, more or less, originally donated to the United States by the said Richard V. Evans and his wife, Lennie E. Evans, and more particularly described in the deed dated October 7, 1946, entered into between the said Richard V. Evans, and his wife, Lennie E. Evans, and the United States of America, which deed is recorded in book numbered 797 of official records, page 149 of Seq. Records of Riverside County, California.
Approved March 3, 1962.
Private Law 87–325: For the relief of Dennis H. O’Grady. Private Law 325 Private Law 87–325 76 Stat. 1278 1962-03-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1278 Private Law 87–325
AN ACT For the relief of Dennis H. O’Grady.

March 3, 1962

[H. R. 8625]

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

Dennis H. O’Grady.

That the Secretary of the Treasury be, and is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Dennis H. O’Grady of 2 Stones Houses, Blaina, Monmouthshire, Great Britain, the sum of $18,500 in full satisfaction of all claims against the United States arising out of a vehicular accident involving a United States Army truck which occurred on August 18, 1956, near Camp Todendorf, Germany: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved March 3, 1962.
Private Law 87–326: To confer jurisdiction upon the Court of Claims to determine the claim against the United States of Amis Construction Company and San Ore Construction Company. Private Law 326 Private Law 87–326 76 Stat. 1278 1962-03-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–326
AN ACT To confer jurisdiction upon the Court of Claims to determine the claim against the United States of Amis Construction Company and San Ore Construction Company.

March 20, 1962

[H. R. 2990]

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

Amis Construction Co.

San Ore Construction Co.

That, notwithstanding the lapse of time, laches, or any statute of limitations, jurisdiction is hereby conferred upon the United States Court of Claims to hear, determine and render judgment upon the claims of the Amis Construction Company and San Ore Construction Company, joint venturers operating as Amis-San Ore, contractors under contract numbered 25–066-ENG–2700 for the construction of the north-south runway and adjacent taxiway at Lincoln Air Force Base, Lincoln, Nebraska, for such increased cost as they may have sustained in compliance with an oral request by the Government to expedite the completion of the north-south runway at said air force base so as to advance its completion before the contract completion date, (1) with-out regard to whether the absence of a written change order or written directive so to do may have placed said contractors in the legal position of having been volunteers for the performance of said work; (2) without regard to the provisions or Public Law 547, Eighty-second

66 Stat. 647; 67 Stat. 429.

 Congress, second session, and Public Law 207, Eighty-third Congress, first session, which by identical sections 803, provided that none of the funds appropriated for the construction of said work should be used for the additional cost of expediting the construction of the project, and (3) without regard to whether the contractors administratively pursued their attempts to be paid beyond the denial of their claim by the Corps of Engineers Board of Contract Appeals of the Office of the Chief of Engineers, Department of the Army.
Approved March 20, 1962.
Private Law 87–327: For the relief of Jean L. Dunlop. Private Law 327 Private Law 87–327 76 Stat. 1279 1962-03-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1279 Private Law 87–327
AN ACT For the relief of Jean L. Dunlop.

March 31, 1962

[S. 2165]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That Jean L. Dunlop

Jean L. Dunlop.

of Arlington, Virginia, is hereby relieved of all liability for repayment to the United States of the sum of $1,275, representing the amount of erroneous payments of a class Q allotment made to her by the Department of the Army for the period from August 1, 1951, through May 31, 1952, as a result of administrative error.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Jean L. Dunlop, the sum of any amounts received or withheld from her on account of the overpayments referred to in the first section of this Act.
Approved March 31, 1962.
Private Law 87–328: For the relief of Liu Shut Chen. Private Law 328 Private Law 87–328 76 Stat. 1279 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–328
AN ACT For the relief of Liu Shut Chen.

April 10, 1962

[S. 899]

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

Liu Shui Chen.

of the Immigration and Nationality Act, Liu Shui Chen shall be

66 Stat. 163.

8 USC 1101 note.

held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act upon payment of the required visa fee. Upon the granting of

Quota deduction.

permanent residence to such alien as provided for in this Act the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved April 10, 1962.
Private Law 87–329: For the relief of Robert B. Kasparek, Robert M. Kearny, Richard A. Stokes, J. R. Whitehouse, Junior, and Herbert A. Wolff, Junior. Private Law 329 Private Law 87–329 76 Stat. 1279 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–329
AN ACT For the relief of Robert B. Kasparek, Robert M. Kearny, Richard A. Stokes, J. R. Whitehouse, Junior, and Herbert A. Wolff, Junior.

April 10, 1962

[S. 2018]

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

Robert B. Kasparek and others.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to (1) Robert B. Kasparek, the sum of $147.84; (2) Robert M. Kearny, the sum of $692.55; (3) Richard A. Stokes, the sum of $510; (4) J. R. Whitehouse, Junior, the sum of $885; and (5) Herbert A. Wolff, Junior, the sum of $325; all employees of the National Park Service at Everglades National Park, Florida. The payment of such sums shall be in full satisfaction of all their claims against the United States for compensation for personal property damages sustained by them when the Government quarters assigned to them were inundated on September 10, 1960, as a result or a hurricane: Provided, That no part of the amount 76 Stat. 1280appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved April 10, 1962.
Private Law 87–330: For the relief of Mrs. Elfrlede Prischl Rogers. Private Law 330 Private Law 87–330 76 Stat. 1280 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–330
AN ACT For the relief of Mrs. Elfrlede Prischl Rogers.

April 10, 1962

[H. R. 1451]

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

Mrs. Elfriede P. Rogers.

66 Stat. 182.

8 USC 1182.

That, notwithstanding the provisions of section 212(a) (3) and (4) of the Immigration and Nationality Act, Mrs. Elfriede Prischl Rogers may be issued a visa and admitted to the United States for permanent residence if she is found to be otherwise admissible under the provisions of that Act: Provided, That, unless the beneficiary is entitled to care under

72 Stat. 1445.

10 USC 1071–1085.

chapter 55 of title 10 of the United States Code, a suitable and proper bond or undertaking, approved by the Attorney General, be deposited as prescribed by section 213 of the Immigration and

8 USC 1183.

Nationality Act: Provided further, That these exemptions shall apply only to grounds for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act.
Approved April 10, 1962.
Private Law 87–331: For the relief of Ernest John Large. Private Law 331 Private Law 87–331 76 Stat. 1280 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–331
AN ACT For the relief of Ernest John Large.

April 10, 1962

[H. R. 1492]

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

Ernest J. Large.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Ernest John Large, Richmond, California, the sum of $103.90 in full settlement of his claim against the United States for reimbursement for the amount of judgment and costs rendered against him in favor of Paul E. Kalem, arising out of an accident involving the said Ernest John Large and Paul E. Kalem on April 19, 1956, in Richmond, California, while Ernest John Large was operating a Post Office Department vehicle in the course of his duties as an employee of the United States: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved April 10, 1962.
Private Law 87–332: For the relief of Edvige Cianciulli. Private Law 332 Private Law 87–332 76 Stat. 1281 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1281 Private Law 87–332
AN ACT For the relief of Edvige Cianciulli.

April 10, 1962

[H. R. 1671]

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

Edvige Cianciulli.

General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Edvige Cianciulli. From and after the date of the enactment of this Act, the said Edvige Cianciulli shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved April 10, 1962.
Private Law 87–333: For the relief of Eugene C. Harter. Private Law 333 Private Law 87–333 76 Stat. 1281 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–333
AN ACT For the relief of Eugene C. Harter.

April 10, 1962

[H. R. 2180]

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

Eugene C. Harter.

Harter, Dayton, Ohio, is hereby relieved of all liability to repay to the United States a sum of $1,140.20, which was erroneously paid to him by the Department of the Air Force as salary between May 29, 1955, and February 27, 1960.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, any amounts refunded by reason of the liability referred to in section 1 of this Act by the said Eugene C. Harter, or any amounts withheld by the United States from money otherwise due him. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, full credit shall be given for the amount for which liability is relieved by this Act.
Approved April 10, 1962.
Private Law 87–334: For the relief of Mohan Singh. Private Law 334 Private Law 87–334 76 Stat. 1281 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–334
AN ACT For the relief of Mohan Singh.

April 10, 1962

[H. R. 2684]

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

Mohan Singh.

of the Immigration and Nationality Act, Mohan Singh shall

66 Stat. 163.

8 USC 1101 note.

be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon the granting of

Quota deduction.

permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved April 10, 1962.
Private Law 87–335: For the relief of Christine Fahrenbruch, a minor. Private Law 335 Private Law 87–335 76 Stat. 1282 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1282 Private Law 87–335
AN ACT For the relief of Christine Fahrenbruch, a minor.

April 10, 1962

[H. R. 3105]

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

Christine Fabrenbruch.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the legal guardian of Christine Fahrenbruch, a minor, of Saint Louis, Missouri, the sum of $33,000 in full settlement of all claims against the United States for the injury of said Christine Fahrenbruch and her parents, Mr. and Mrs. Raymond Fahrenbruch, for permanent loss of hearing suffered by the said Christine Fahrenbruch while a patient in the United States Army Hospital in Nurnberg, Germany, on and about April 28, 1950, and for special educational expenses necessitated as a result of such loss of hearing: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved April 10, 1962.
Private Law 87–336: For the relief of George A. McDermott. Private Law 336 Private Law 87–336 76 Stat. 1282 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–336
AN ACT For the relief of George A. McDermott.

April 10, 1962

[H. R. 3376]

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

George A. McDermott.

That George A. McDermott, of New York, New York, is hereby relieved of liability to the United States in the net amount of $658.19, which sum represents the monetary value of approximately forty-five days of annual leave, which, through administrative error involving no fault on the part of George A. McDermott, he was credited with and was permitted to use during his employment, which began August 31, 1950, with the Corps of Engineers, United States Army, New York District. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, full credit shall be given for any amount for which liability is relieved by this Act.
Sec. 2. The Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to George A. McDermott, an amount equal to the aggregate of the amounts paid by him, or withheld from sums otherwise due him, in complete or partial satisfaction of the liability to the United States specified in the first section.
Approved April 10, 1962.
Private Law 87–337: For the relief of Mrs. Vartanus Uzar. Private Law 337 Private Law 87–337 76 Stat. 1283 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1283 Private Law 87–337
AN ACT For the relief of Mrs. Vartanus Uzar.

April 10, 1962

[H. R. 6082]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Attorney General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Mrs. Vartanus Uzar. From and after the date of the enactment of this Act, the said Mrs. Vartanus Uzar shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.

Mrs. Vartanus Uzar.

 Approved April 10, 1962.
Private Law 87–338: For the relief of Athanasia Dekazos. Private Law 338 Private Law 87–338 76 Stat. 1283 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–338
AN ACT For the relief of Athanasia Dekazos.

April 10, 1962

[H. R. 6276]

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

Athanasia Dekazos.

 of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Athanasia Dekazos, shall be held

8 USC 1101, 1155.

and considered to be the natural-born alien child of Doctor and Mrs. Frank J. Charvat, citizens of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved April 10, 1962.
Private Law 87–339: For the relief of Mrs. Izabel A. Miguel. Private Law 339 Private Law 87–339 76 Stat. 1283 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–339
AN ACT For the relief of Mrs. Izabel A. Miguel.

April 10, 1962

[H. R. 6343]

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

Izabel A. Miguel.

the provisions of section 212(a)(3) of the Immigration and Nationality Act, Mrs. Izabel A. Miguel may be issued a visa and

66 Stat. 182.

8 USC 1182.

 admitted to the United States for permanent residence if she is found to be otherwise admissible under the provisions of that Act: Provided, That this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act: Provided further, That a suitable and proper bond or undertaking, approved by the Attorney General, be deposited as prescribed by section 213 of the said Act.

8 USC 1183.

Approved April 10, 1962.
Private Law 87–340: For the relief of Teofllo Estoesta. Private Law 340 Private Law 87–340 76 Stat. 1284 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1284 Private Law 87–340
AN ACT For the relief of Teofllo Estoesta.

April 10, 1962

[H. R. 6740]

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

Teofllo Estoesta.

71 Stat. 491.

50 USC app. 1002 and note.

That, notwithstanding the limitation contained in section 2(b) of Public Law 217, Eighty-fifth Congress, approved August 29, 1957, or any other limiting statute, the claim of Teofilo Estoesta, Army serial number 10304217, for pay and allowances due him from April 1, 1943, to November 30, 1943, and February 1, 1944, to March 22, 1945, shall be regarded as having been timely filed and may be considered and paid m accordance with other applicable provisions of law.
Approved April 10, 1962.
Private Law 87–341: For the relief of Sister M. Theophane (Jane Carroll). Private Law 341 Private Law 87–341 76 Stat. 1284 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–341
AN ACT For the relief of Sister M. Theophane (Jane Carroll).

April 10, 1962

[H. R. 8422]

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

Sister M. Theophane.

That Sister M. Theophane (Jane Carroll), who lost United States citizenship under

66 Stat. 268.

8 USC 1481.

the provisions of section 349(a) (5) of the Immigration and Nationality Act, may be naturalized by taking prior to one year after the effective date of this Act, before any court referred to in subsection (a) of section 310

8 USC 1421.

of the Immigration and Nationality Act or before any diplomatic or consular officer of the United States abroad, the oaths

8 USC 1448.

 prescribed by section 337 of the said Act. From and after naturalization under this Act, the said Sister M. Theophane (Jane Carroll) shall have the same citizenship status as that which existed immediately prior to its loss.
Approved April 10, 1962.
Private Law 87–342: For the relief of Doctor Carl F. Romney. Private Law 342 Private Law 87–342 76 Stat. 1284 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–342
AN ACT For the relief of Doctor Carl F. Romney.

April 10, 1962

[H. R. 8780]

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

Dr. Carl F. Romney.

That Doctor Carl F. Romney is hereby relieved of all liability for repayment to the United States of the sum of $1,866.40, representing overpayment of compensation he received, through administrative error, as an employee of the Department of the Air Force, Air Force Technical Applications Center, Headquarters, United States Air Force, in the period between July 13, 1958, and November 12, 1960.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money m the Treasury not otherwise appropriated, to the said Doctor Carl F. Romney, the sum of any amounts received or withheld from him on account of the overpayment referred to in the first section of this Act.
Approved April 10, 1962.
Private Law 87–343: For the relief of Walter Singlevich. Private Law 343 Private Law 87–343 76 Stat. 1285 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1285 Private Law 87–343
AN ACT For the relief of Walter Singlevich.

April 10, 1962

[H. R. 8781]

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

Walter Singlevich.

Singlevich is hereby relieved of all liability for repayment to the United States of the sum of $1,866.40, representing overpayment of compensation he received, through administrative error, as an employee of the Department of the Air Force, Air Force Technical Applications Center, Headquarters United States Air Force, in the period between July 13, 1958, and November 12, 1960.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Walter Singlevich, the sum of any amounts received or withheld from him on account of the overpayment referred to in the first section of this Act.
Approved April 10, 1962.
Private Law 87–344: For the relief of Harry A. Sebert. Private Law 344 Private Law 87–344 76 Stat. 1285 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–344
AN ACT For the relief of Harry A. Sebert.

April 10, 1962

[H. R. 8947]

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

Harry A. Sebert.

Sebert, an employee of the National Aeronautics and Space Administration, be, and he is hereby, relieved of financial liability for the certification for payment by him of United States disbursing officer vouchers Numbered 66102, 19370, 1725, and 64178, in the total sum of $1,499.25, for purchase of air conditioning units for Government use in Washington, District of Columbia, in his capacity as certifying officer, Lewis Flight Propulsion Laboratory, National Advisory Committee for Aeronautics, the predecessor of the National Aeronautics and Space Administration. The Comptroller General is authorized and directed to credit the accounts of the said Harry A. Sebert, certifying officer, with the said sum of $1,499.25.
Approved April 10, 1962.
Private Law 87–345: Relating to the elections under section 333 of the Internal Revenue Code of 1954 by the shareholders of the G. L. Bernhardt Company, Incorporated, of Lenoir, North Carolina. Private Law 345 Private Law 87–345 76 Stat. 1285 1962-04-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–345
AN ACT Relating to the elections under section 333 of the Internal Revenue Code of 1954 by the shareholders of the G. L. Bernhardt Company, Incorporated, of Lenoir, North Carolina.

April 10, 1962

[H. R. 9612]

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

G. L. Bernhardt Co., Inc.

68A Stat. 103.

26 USC 333.

under the provisions of section 333 of the Internal Revenue Code of 1954 made by the shareholders of the G. L. Bernhardt Company, Incorporated (a North Carolina corporation liquidated during the month of August, 1958), and delivered to the District Director of Internal Revenue, Greensboro, North Carolina, on February 12, 1959, shall be deemed to have been filed with such District Director on July 14, 1958.
Approved April 10, 1962.
Private Law 87–346: For the relief of Giuseppe Aniello. Private Law 346 Private Law 87–346 76 Stat. 1286 1962-04-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1286 Private Law 87–346
AN ACT For the relief of Giuseppe Aniello.

April 13, 1962

[H. R. 1352]

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

Giuseppe Aniello.

66 Stat. 182.

8 USC 1182.

Post, p. 1296.

That, notwithstanding the provision of section 212(a)(9) of the Immigration and Nationality Act, Giuseppe Aniello may be issued a visa and admitted to the United States for permanent residence if he is found to be otherwise admissible under the provisions of that Act: Provided, That this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act.
Approved April 13, 1962.
Private Law 87–347: For the relief of Theodore T. Reihnann. Private Law 347 Private Law 87–347 76 Stat. 1286 1962-04-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–347
AN ACT For the relief of Theodore T. Reihnann.

April 13, 1962

[H. R. 6216]

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

Theodore T. Reilmann.

That the Secretary of the Treasury is authorized and directed to pay, out of the War Claims Fund, to Theodore T. Reilmann, Cincinnati 38, Ohio, the amount certified to him under section 2 of this Act. The payment of such sum shall be in full settlement of all claims of Theodore T. Reilmann against the United States for detention benefits under section 5(a) through 5(e) of the War Claims Act of 1948, as amended by the

62 Stat. 1242; 68 Stat. 1033.

50 USC app. 2004.

War Claims Amendments of 1954: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlaw ful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Sec. 2. The Foreign Claims Settlement Commission shall promptly determine and certify to the Secretary of the Treasury the amount which would have been payable to Theodore T. Reilmann as detention benefits under section 5(a) through 5(e) of the War Claims Act of 1948, as amended by the War Claims Act Amendments of 1954, as if Theodore T. Reilmann had filed a claim therefor within the period prescribed by law: Provided, That his claim shall be filed within six months from date of enactment of this Act.
Approved April 13, 1962.
Private Law 87–348: For the relief of George W. Ross, Junior. Private Law 348 Private Law 87–348 76 Stat. 1286 1962-04-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–348
AN ACT For the relief of George W. Ross, Junior.

April 13, 1962

[H. R. 7676]

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

George W. Rose, Jr.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to George W. Ross, Junior, the sum of $2,575.50 in full satisfaction of his claim against 76 Stat. 1287the United States for the loss of certain personal property resulting from civil war conditions during 1958 at Padang, Indonesia, where he had served as public affairs officer, United States Information Agency: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved April 13, 1962.
Private Law 87–349: For the relief of Reverend Patrick Floyd. Private Law 349 Private Law 87–349 76 Stat. 1287 1962-04-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–349
AN ACT For the relief of Reverend Patrick Floyd.

April 16, 1962

[S. 193]

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

Rev. Patrick Floyd.

the provisions of paragraph (3) of section 212(a) of the Immigration and Nationality Act, the Reverend Patrick Floyd may be issued

66 Stat. 182.

8 USC 1182.

an immigrant visa and admitted to the United States for permanent residence if he is found to be otherwise admissible under the provisions of such Act: Provided, That this Act shall apply only to grounds for exclusion under such paragraph known to the Secretary of State or the Attorney General prior to the date of the enactment of this Act: And provided further. That a suitable and proper bond or undertaking, approved by the Attorney General, be deposited as prescribed by section 213 of the Immigration and Nationality Act.

8 USC 1183.

Approved April 16, 1962.
Private Law 87–350: For the relief of Mrs. Jeliza Prendie Milenovic. Private Law 350 v 76 Stat. 1287 1962-04-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–350
AN ACT For the relief of Mrs. Jeliza Prendie Milenovic.

April 16, 1962

[S. 270]

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

Mrs. Jeliza P. Milenovic.

General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Mrs. Jeliza Prendie Milenovic. From and after the date of the enactment of this Act, the said Mrs. Jeliza Prendie Milenovic shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved April 16, 1962.
Private Law 87–351: For the relief of Kazuo Ito and Satomi Ito. Private Law 351 Private Law 87–351 76 Stat. 1287 1962-04-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–351
AN ACT For the relief of Kazuo Ito and Satomi Ito.

April 16, 1962

[S. 1305]

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

Kazuo and Satomi Ito.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Kazuo Ito and Satomi Ito shall be held and considered to have been lawfully admitted to the 76 Stat. 1288United States for permanent residence as of the date of the enactment

Quota deduction.

of this Act, upon payment of the required visa fees. Upon the, granting of permanent residence to such aliens as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct the required numbers from the appropriate quota or quotas for the first year that such quota or quotas are available.
Approved April 16, 1962.
Private Law 87–352: For the relief of Mary Elizabeth Sidor Polkowska. Private Law 352 Private Law 87–352 76 Stat. 1288 1962-04-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–352
AN ACT For the relief of Mary Elizabeth Sidor Polkowska.

April 16, 1962

[S. 1520]

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

Mary E. S. Polkowska.

That, for the purposes of sections 203(a) (3) and 205 of the Immigration and Nationality

66 Stat. 178, 180.

8 USC 1153, 1155.

Act, the minor child, Mary Elizabeth Sidor Polkowska shall be held and considered to be the natural-born alien child of Mrs. Therese Polkowska, a lawful permanent resident of the United States.
Approved April 16, 1962.
Private Law 87–353: For the relief of Edward Yin Liang. Private Law 353 Private Law 87–353 76 Stat. 1288 1962-04-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–353
AN ACT For the relief of Edward Yin Liang.

April 16, 1962

[S. 1578]

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

Edward Yin Liang.

8 USC 1101, 1153 note.

That, in the administration of the Act of September 26, 1961 (75 Stat. 650), Edward Yin Liang shall be deemed to be within the purview of section 25(a) of that Act.
Approved April 16, 1962.
Private Law 87–354: For the relief of Felix Ledina Mendoza. Private Law 354 Private Law 87–354 76 Stat. 1288 1962-04-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–354
AN ACT For the relief of Felix Ledina Mendoza.

April 16, 1962

[S. 1638]

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

Felix L. Mendoza.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Felix Ledina Mendoza shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment

Quota deduction.

of this Act, upon payment of the required visa fee. Upon the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved April 16, 1962.
Private Law 87–355: For the relief of Maria Zambetoulla. Private Law 355 Private Law 87–355 76 Stat. 1289 1962-04-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1289 Private Law 87–355
AN ACT For the relief of Maria Zambetoulla.

April 16, 1962

[S. 1841]

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

Maria Zambetoulla.

8 USC 1101, 1155.

of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Maria Zambetoulla, shall be held and considered to be the natural-born alien child of Mr. Vasilios Christou, a citizen of the United States: Provided, That the natural parents of the said Maria Zambetoulla shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved April 16, 1962.
Private Law 87–356: For the relief of Roland Fernando Mishutani. Private Law 356 Private Law 87–356 76 Stat. 1289 1962-04-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–356
AN ACT For the relief of Roland Fernando Mishutani.

April 16, 1962

[S. 1874]

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

Roland F. Mishutani.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Roland Fernando Mishutani shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon

Quota deduction.

the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved April 16, 1962.
Private Law 87–357: For the relief of Aida Mary Sorino Bocealery. Private Law 357 Private Law 87–357 76 Stat. 1289 1962-04-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–357
AN ACT For the relief of Aida Mary Sorino Bocealery.

April 16, 1962

[S. 2101]

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

Aida M. S. Boccalery.

66 Stat. 270.

8 USC 1485.

of the Immigration and Nationality Act, Aida Mary Sorino Boccalery shall be deemed to be within the purview of section 353(3) of that Act.
Approved April 16, 1962.
Private Law 87–358: For the relief of Seymour Robertson. Private Law 358 Private Law 87–358 76 Stat. 1290 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1290 Private Law 87–358
AN ACT For the relief of Seymour Robertson.

April 27, 1962

[S. 505]

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

Seymour Robertson.

That the Secretary of the Treasury is authorized and directed to pay out of any money in the Treasury not otherwise appropriated, to Seymour Robertson, of Pearl River, New York, the sum of $1,269.01. The payment of such sum shall be in full settlement of all claims of the said Seymour Robertson against the United States for loss of compensation incurred by him between April 21, 1944, and November 27, 1944, the period during which he was denied the opportunity to perform service in the field service of the Post Office Department following his discharge from the United States Navy: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved April 27, 1962.
Private Law 87–359: For the relief of John E. Beaman and Adelaide K. Beaman. Private Law 359 Private Law 87–359 76 Stat. 1290 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–359
AN ACT For the relief of John E. Beaman and Adelaide K. Beaman.

April 27, 1962

[S. S08]

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

John E. Beaman and wife.

That, notwithstanding any statute of limitations or lapse of time, suit may be instituted in the United States Court, of Claims at any time within one year after the date of the enactment of this Act to hear, determine, and render judgment on the claim of John E. Beaman and his wife, Adelaide K. Beaman, for compensation for depreciation of real property owned by them, the value of which allegedly has depreciated as the result of jet aircraft activities carried on by the United States at and in the vicinity of MacDill Air Force Base, Tampa, Florida.
Sec. 2. Proceedings in the suit authorized to be instituted by the first section of this Act, appeals, and judgments rendered therein shall conform to proceedings, appeals, and judgments in cases heard under section 1491 of title 28, United States Code. Nothing in this Act shall be construed as an inference of liability on the part of the United States.
Approved April 27, 1962.
Private Law 87–360: For the relief of Mariya E. Tedin and Elizabeth O. Reynolds. Private Law 360 Private Law 87–360 76 Stat. 1291 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1291 Private Law 87–360
AN ACT For the relief of Mariya E. Tedin and Elizabeth O. Reynolds.

April 27, 1962

[S. 704]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That Marlys E. Tedin

Marlys E. Tedin.

Elizabeth O. Reynolds.

of Sitka, Alaska, is hereby relieved of all liability for repayment to the United States of the sum of $580.38, representing an amount erroneously paid her for cost-of-living allowance during the period from September 23, 1955, to March 26, 1956, while she was an employee of the Public Health Service on detail at Seattle, Washington, from her headquarters at Juneau, Alaska.
Sec. 2. That Elizabeth O. Reynolds of Pine Ridge, South Dakota, is hereby relieved of all liability for repayment to the United States of the sum of $646.30, representing an amount erroneously paid her for cost-of-living allowance during the period from March 19, 1956, to August 24, 1956, while she was an employee of the Public Health Service on detail at Seattle, Washington, from her headquarters at Juneau, Alaska.
Sec. 3. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Marlys E. Tedin and Elizabeth O. Reynolds, the sum of any amounts received or withheld from them on account of the payment referred to in the first section of this Act.
Approved April 27, 1962.
Private Law 87–361: For the relief of Harvey Burstein. Private Law 361 Private Law 87–361 76 Stat. 1291 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–361
AN ACT For the relief of Harvey Burstein.

April 27, 1962

[S. 2151]

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

Harvey EJurstein.

Burstein of Mamaroneck, New York, is hereby relieved of all liability to repay to the United States the sum of $1,047.34, representing overpayments of salary which he received as an employee of the Department of State for the period from October 7, 1953, through February 19, 1954, as the result of his appointment to a position in grade GS–14 in violation of section 1310 of the Supplemental Appropriation Act, 1952 (the so-called Whitten amendment), as amended.
Sec. 2. The Secretary of the Treasury is authorized and directed

65 Stat. 757.

5 USC 43 note.

to pay, out of any money in the Treasury not otherwise appropriated, to the said Harvey Burstein, the sum of any amounts received or withheld from him on account of the overpayments referred to in the first section of this Act.
Approved April 27, 1962.
Private Law 87–362: For the relief of Harry E. Ellison, captain, United States Army, retired. Private Law 362 Private Law 87–362 76 Stat. 1292 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1292 Private Law 87–362
AN ACT For the relief of Harry E. Ellison, captain, United States Army, retired.

April 27, 1962

[S. 2319]

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

Capt. Harry E. Ellison.

That Harry E. Ellison, captain, United States Army, retired (01797269), of Seattle, Washington, is hereby relieved of all liability for repayment to the United States of the sum of $3,998.54, representing the amount of overpayments of basic pay, foreign duty pay, and rental and subsistence allowances received by him for the period from September 10, 1942, through January 31, 1954, while he was serving as a member of the United States Army, such overpayments having been made as a result of administrative error.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Harry E. Ellison, the sum of any amounts received or withheld from him on account of the overpayments referred to in the first section of this Act.
Approved April 27, 1962.
Private Law 87–363: For the relief of Edward L. Wertheim. Private Law 363 Private Law 87–363 76 Stat. 1292 1962-04-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–363
AN ACT For the relief of Edward L. Wertheim.

April 27, 1962

[S. 2549]

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

Edward L. Wertheim.

That the Administrator of Veterans’ Affairs is authorized and directed to pay, out of any money available for medical care to veterans, to Edward L. Wertheim, of Douglaston, Long Island, New York, the sum of $314.07, in full satisfaction of all his claims against the United States for reimbursement of certain medical expenses which he incurred while receiving outpatient medical treatment during the period from November 14, 1959, through June 16, 1960, after his discharge from the Veterans’ Administration Hospital, New York City, New York, on November 10, 1959, the said Edward L. Wertheim having failed to obtain an authorization for such outpatient treatment as a result of erroneous advice given him by an official of the United States.
Approved April 27, 1962.
Private Law 87–364: For the relief of Hom Hong Hing, also known as Tommy Joe. Private Law 364 Private Law 87–364 76 Stat. 1292 1962-05-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–364
AN ACT For the relief of Hom Hong Hing, also known as Tommy Joe.

May 11, 1962

[H. R. 3008]

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

Hom Hong Hing.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Hom Hong Hing, also known as Tommy Joe, shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee.
Approved May 11, 1962.
Private Law 87–365: For the relief of Gail Hohlweg Atabay and her daughter. Private Law 365 Private Law 87–365 76 Stat. 1293 1962-05-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1293 Private Law 87–365
AN ACT For the relief of Gail Hohlweg Atabay and her daughter.

May 21, 1962

[H. R. 10643]

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

Gail H. Atabay and daughter.

66 Stat. 235.

8 USC 1401.

 of section 301(a)(7) of the Immigration and Nationality Act, Gail Hohlweg Atabay, a citizen of the United States at birth, shall be considered to have resided in the United States for five years after attaining the age of fourteen years.
Approved May 21, 1962.
Private Law 87–366: For the relief of Thomas O. Tate, Junior. Private Law 366 Private Law 87–366 76 Stat. 1293 1962-05-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–366
AN ACT For the relief of Thomas O. Tate, Junior.

May 28, 1962

[S. 160]

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

Thomas O. Tate, Jr.

Tate, Junior, chief warrant officer, United States Navy, retired, of Rogue River, Oregon, is hereby relieved of all liability to repay to the United States the sum of $1,062.92, representing salary paid him during the period from January 4, 1960, through April 1, 1960, while he was an employee of the Veterans’ Administration, in violation if the Act of July 31, 1894 (28 Stat. 162), as amended, the said Thomas

28 Stat. 205.

5 USC 62.

O. Tate, Junior, having been erroneously advised by the Veterans’ Administration prior to his employment that such Act was not applicable to him.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Thomas O. Tate, Junior, the sum of any amounts received or withheld from him on account of the salary payments referred to in the first section of this Act.
Approved May 28, 1962.
Private Law 87–367: For the relief of Merle K. Loessin. Private Law 367 Private Law 87–367 76 Stat. 1293 1962-05-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–367
AN ACT For the relief of Merle K. Loessin.

May 28, 1962

[S. 1684]

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

Merle K. Loessin.

Loessin of Summit, South Dakota, is hereby relieved of all liability for charges entered against him as a result of the theft of $1,000 of public funds in his charge, such theft having been committed by a person or persons unknown on May 19, 1953. while the said Merle K. Loessin, then a first lieutenant in the United States Marine Corps, was serving as deputy disbursing officer with the First Marine Division in the Republic of Korea.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Merle K. Loessin an amount equal to the total of any amounts which have been paid to the United States on account of such theft.
Approved May 28, 1962.
Private Law 87–368: For the relief of Rocco Cambrea. Private Law 368 Private Law 87–368 76 Stat. 1294 1962-05-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1294 Private Law 87–368
AN ACT For the relief of Rocco Cambrea.

May 28, 1962

[H. R. 1372]

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

Rocco Cambrea.

That, notwithstanding the provision of section 212(a)(4) of the Immigration and Nationality

66 Stat. 182.

8 USC 1182.

Act, Rocco Cambrea may be issued a visa and admitted to the United States for permanent residence if he is found to be otherwise admissible under the provisions of that Act: Provided, That this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act: Provided further, That a suitable and proper bond or undertaking, approved by the Attorney General,

8 USC 1183.

be deposited as prescribed by section 213 of the said Act.
Approved May 28, 1962.
Private Law 87–369: For the relief of Jacinto Machado Ormonde. Private Law 369 Private Law 87–369 76 Stat. 1294 1962-05-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–369
AN ACT For the relief of Jacinto Machado Ormonde.

May 28, 1962

[H. R. 1435]

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

Jacinto M. Ormonde.

That, the Attorney General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Jacinto Machado Ormonde. From and after the date of the enactment of this Act, the said Jacinto Machado Ormonde shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved May 28, 1962.
Private Law 87–370: For the relief of Lee Kyong Ja. Private Law 370 Private Law 87–370 76 Stat. 1294 1962-05-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–370
AN ACT For the relief of Lee Kyong Ja.

May 28, 1962

[H. R. 1533]

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

Lee Kyong Ja.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, the minor child, Lee Kyong Ja shall be held and considered to be the natural-born alien child of Mr. and Mrs. Cyril V. Long, citizens of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved May 28, 1962.
Private Law 87–371: For the relief of Pierino Renzo Plcchione. Private Law 371 Private Law 87–371 76 Stat. 1295 1962-05-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1295 Private Law 87–371
AN ACT For the relief of Pierino Renzo Plcchione.

May 28, 1962

[H. R. 5610]

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

Pierino R Picchione.

of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, Pierino Renzo Picchione, shall be held and considered

8 USC 1101, 1155.

 to be the minor natural-born alien child of Nazzareno and Elena Kuhn Picchione, citizens of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved May 28, 1962.
Private Law 87–372: For the relief of Elisabetta Piccioni. Private Law 372 Private Law 87–372 76 Stat. 1295 1962-05-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–372
AN ACT For the relief of Elisabetta Piccioni.

May 28, 1962

[H. R. 7777]

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

Elisabetta Piccioni.

8 USC 1101, 1155.

of sections 101 (a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Elisabetta Piccioni shall be held and considered to be the natural-born alien child of Mr. and Mrs. Peter Piccioni, citizens of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved May 28, 1962.
Private Law 87–373: For the relief of Ronald L. Mutter. Private Law 373 Private Law 87–373 76 Stat. 1295 1962-05-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–373
AN ACT For the relief of Ronald L. Mutter.

May 28, 1962

[H. R. 8195]

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

Ronald L. Mutter.

of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Ronald L. Mutter of Pontiac, Michigan, the sum of $342.29, such amount representing reimbursement to said Ronald L. Mutter for paying out of his funds a judgment and costs rendered against him in the courts of the State of Michigan, arising out of an accident which occurred May 8, 1959, when he was operating a Post Office Department vehicle in the course of his duties as an employee of the Post Office Department: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved May 28, 1962.
Private Law 87–374: For the relief of James R. Banks. Private Law 374 Private Law 87–374 76 Stat. 1296 1962-05-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1296 Private Law 87–374
AN ACT For the relief of James R. Banks.

May 28, 1962

[H. R. 8515]

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

James R. Banks.

That. James R. Banks, Madison, Wisconsin, a civilian employee of the Department of the Air Force, is hereby relieved of all liability to refund to the United States the sum of $974.40 which is the aggregate amount of the overpayments of salary received by him from the United States as a result of his appointment on January 3, 1960, in violation of section 1310 of the Supplemental Appropriation Act, 1952 (Public

65 Stat. 757.

Law 253, Eighty-second Congress), as amended (5 U.S.C. 43, note), to the position of air traffic control specialist (general), 30th Air Division, Truax Field, Madison, Wisconsin, in grade GS–13 of the Classification Act of 1949, as amended, by administrative error and without fault or knowledge on his part. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, full credit shall be given for the amount for which liability is relieved by this Act.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said James R. Banks all sums which may have been paid by him, or withheld from amounts otherwise due him, in complete or partial satisfaction of his liability to the, United States: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty or a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved May 28, 1962.
Private Law 87–375: For the relief of Orsolina Cianflone Iallonardo, Mrs. Chow Chui Ha, and Giuseppe Aniello. Private Law 375 Private Law 87–375 76 Stat. 1296 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–375
AN ACT For the relief of Orsolina Cianflone Iallonardo, Mrs. Chow Chui Ha, and Giuseppe Aniello.

May 31, 1962

[S. 1915]

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

Orsolina C. Iallonardo and others.

73 Stat. 644; 75 Stat. 657.

That Orsolina Cianflone Iallonardo is deemed to be within the purview of section 4 of the Act of September 22, 1959 (Public Law 86–363): Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration

8 USC 1101 note.

and Nationality Act, and the provisions of section 24(a) (7)

75 Stat. 657.

of the Act of September 26, 1961 (Stat. 657), shall not be applicable in this case.
Sec. 2.

Mrs. Chow Chui Ha.

 For the purposes of the Act of September 22, 1959 (Public Law 86–363), Mrs. Chow Chui Ha shall be deemed to be within the purview of section 4 of that Act, and the provisions of section 24(a) (7) of the Act of September 26, 1961 (75 Stat. 657), shall be inapplicable in this case.
Sec. 3.

Giuseppe Aniello.

Ante, p. 1286.

 For the purposes of the Act of April 13, 1962 (Private Law 87–346), Giuseppe Aniello shall be held and considered to be within the purview or section 4 of the Act of September 22, 1959 (Public Law 86–363), and the provisions of section 24(a)(7) of the Act of September 26, 1961 (75 Stat. 657), shall be inapplicable in this case.
Approved May 31, 1962.
Private Law 87–376: For the relief of Fong Chun Hong. Private Law 376 Private Law 87–376 76 Stat. 1297 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1297 Private Law 87–376
AN ACT For the relief of Fong Chun Hong.

May 31, 1962

[H. R. 1349]

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

Fong Chun Hong.

of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, Fong Chun Hong, shall be held and considered to

8 USC 1101, 1155.

be the natural-born alien minor child of Fong Houck Pong, a citizen of the United States: Provided, That the natural mother of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved May 31, 1962.
Private Law 87–377: For the relief of Fong Kai Dong. Private Law 377 Private Law 87–377 76 Stat. 1297 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–377
AN ACT For the relief of Fong Kai Dong.

May 31, 1962

[H. R. 1588]

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

Fong Kai Dong.

is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Fong Kai Dong. From and after the date of the enactment of this Act, the said Fong Kai Dong shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved May 31, 1962.
Private Law 87–378: For the relief of Spencer E. Hewitt. Private Law 378 Private Law 87–378 76 Stat. 1297 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–378
AN ACT For the relief of Spencer E. Hewitt.

May 31, 1962

[H. R. 1604]

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

Spencer E. Hewitt.

of time applicable to filing of claims for benefits under subsections (a) through (e) of section 5 of the War Claims Act of 1948, as

62 Stat. 1242.

50 USC app. 2004.

amended, are hereby waived in favor of Spencer E. Hewitt, of El Cajon, California (Foreign Claims Settlement Commission claim numbered 107737), and Iris claim for benefits under such subsections is authorized and directed to be acted upon by the Foreign Claims Settlement Commission if such claim is filed with the Commission within six months after the date of enactment of this Act.
Approved May 31, 1962.
Private Law 87–379: For the relief of Irene Kemeny. Private Law 379 Private Law 87–379 76 Stat. 1297 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–379
AN ACT For the relief of Irene Kemeny.

May 31, 1962

[H. R. 1650]

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

Irene Ketneny.

of sections 203(a) (3) and 205 of the Immigration and Nationality Act, the minor child, Irene Kemeny shall be held and consid-

8 USC 1153, 1155.

76 Stat. 1298ered to be (1) born in Hungary, and (2) the natural-born alien child of Mr. and Mrs. Zoltan Herskovits, lawfully resident aliens of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved May 31, 1962.
Private Law 87–380: For the relief of Viola Berwick Warbis. Private Law 380 Private Law 87–380 76 Stat. 1296 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–380
AN ACT For the relief of Viola Berwick Warbis.

May 31, 1962

[H. R. 1697]

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

Viola B. Warbis.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Viola Borwick Warbis of Riverside, California, the mother of the late Private Merlin W. Borwick, Junior (US 56147735), who was killed in Korea on November 2, 1951, the sum of $5,000, representing the amount she would have received as beneficiary of a civilian life insurance policy issued to the said Merlin W. Borwick, Junior, if such policy had not lapsed prior to his death because of a mistake which resulted in the cancellation by the United States Army of a class E allotment authorized by him for payment of the monthly premiums on such policy: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved May 31, 1962.
Private Law 87–381: For the relief of Mrs. Kikue Yamamoto Leghorn and her minor son, Yuichiro Yamamoto Leghorn. Private Law 381 Private Law 87–381 76 Stat. 1296 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–381
AN ACT For the relief of Mrs. Kikue Yamamoto Leghorn and her minor son, Yuichiro Yamamoto Leghorn.

May 31, 1962

[H. R. 1701]

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

Mra. Kikue Y. and Yuiehiro Y. Leghorn.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Mrs. Kikue Yamamoto Leghorn and her minor son, Yuichiro Yamamoto Leghorn, shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fees.
Approved May 31, 1962.
Private Law 87–382: For the relief of Maximo B. Avila. Private Law 382 Private Law 87–382 76 Stat. 1299 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1299 Private Law 87–382
AN ACT For the relief of Maximo B. Avila.

May 31, 1962

[H. R. 1703]

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

Maximo B. Avila.

General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Maximo B, Avila. From and after the date of the enactment of this Act, the said Maximo B. Avila shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved May 31, 1962.
Private Law 87–383: For the relief of John D. Morton. Private Law 383 Private Law 87–383 76 Stat. 1299 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–383
AN ACT For the relief of John D. Morton.

May 31, 1962

[H. R. 1918]

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

John D. Morton.

Morton, of Highcoal, West Virginia, is hereby relieved of all liability to refund to the United States the sum of $810.45. Such sum represents the amount of certain salary payments made to John D. Morton as the result of an administrative error made by the Post Office Department. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, full credit shall be given for the amount for which liability is relieved by this Act.
Approved May 31, 1962.
Private Law 87–384: For the relief of Miss Helen Fappiano. Private Law 384 Private Law 87–384 76 Stat. 1299 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–384
AN ACT For the relief of Miss Helen Fappiano.

May 31, 1962

[H. R. 2687]

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

Helen Fappiano.

who lost United States citizenship under the provisions of section 401(e) of the Nationality Act of 1940, may be naturalized by

54 Stat. 1168; 66 Stat. 280.

taking prior to one year after the effective date of this Act, before any court referred to in subsection (a) of section 310 of the Immigration and Nationality Act or before any diplomatic or consular officer of the United States abroad, the oaths prescribed by section 337 of

66 Stat. 239, 258.

8 USC 1421, 1448.

the said Act. From and after naturalization under this Act, the said Miss Helen Fappiano shall have the same citizenship status as that which existed immediately prior to its loss.
Approved May 31, 1962.
Private Law 87–385: To exempt from taxation certain property of the Army Distaff Foundation. Private Law 385 Private Law 87–385 76 Stat. 1300 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1300 Private Law 87–385
AN ACT To exempt from taxation certain property of the Army Distaff Foundation.

May 31, 1962

[H. R. 2838]

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

Army Distaff Foundation.

That parts of the tract of land known as “Poor Tom’s Last Shift” described as follows: Beginning for the same at the intersection of the westerly line of Oregon Avenue, formerly Daniels Road, and southerly line of Tennyson Street, both as dedicated and shown on plat recorded in liber 103, folio 157, of the records of the Office of the Surveyor of the District of Columbia and running thence southwesterly along said westerly line of Oregon Avenue as shown on said plat, and as shown on plat record in liber 88, folio 34, of said surveyor’s office records to a point of curve; thence southwesterly still along the said westerly line of Oregon Avenue and the northwesterly line of Nebraska Avenue, both as shown on said plat recorded in liber 88, folio 34, of said surveyor’s office records, on the arc of a circle deflecting to the right, the radius of which is 440 feet, an arc distance 370.23 feet to a point of tangent; thence southwesterly along said northwesterly line of Nebraska Avenue to the northerly line of Stephenson Lane, as dedicated and shown on plat recorded in liber 116, folio 175, of said surveyor’s office records; thence along said northerly line of Stephenson Lane, north 65 degrees 55 minutes 50 seconds west 176.66 feet to a point of curve; thence northwesterly on the arc of a circle deflecting to the left, the radius of which is 460 feet, an arc distance of 144.87 feet to a point of tangent: thence north 83 degrees 58 minutes 30 seconds west 159.38 feet to a point of a curve; thence westerly on the arc of a circle deflecting to the right, an arc distance of 237.18 feet to the most southerly corner of the land conveyed to George L. Quinn and wife by deed dated May 28, 1941, and recorded June 3, 1941, in liber 7622, folio 349, among the land records of the District of Columbia; thence northeasterly and parallel with Twenty-ninth Street 400 feet to the most easterly corner of the land conveyed to Edwin S. Hoffman and wife by deed dated June 9, 1937, and recorded July 22, 1937, in liber 7133, folio 233. among the land records of the District of Columbia; thence north-westerly along the northeasterly line of said conveyance to Hoffman, 125 feet to the southeasterly line of Twenty-ninth Street as dedicated and shown on plat recorded in liber 102, folio 59, of said surveyor’s office records; thence along the said line of Twenty-ninth Street north 44 degrees 58 minutes 30 seconds east 373.83 feet to the said southerly line of Tennyson Street, and thence east along said southerly line of Tennyson Street 726.83 feet to the place of beginning, situated at 6200 Nebraska Avenue Northwest, in the city of Washington, District of Columbia, owned by the Army Distaff Foundation, is hereby exempt from all real property taxation so long as the same is owned and occupied by the Army Distaff Foundation, and is not used for commercial purposes, subject to the provisions of sections 2, 3, and 5 of the Act entitled “An Act to define the real property exempt from taxation in the District of Columbia”, approved December 24, 1942 (56 Stat. 1091; D.C. Code, secs. 47–801b, 47–801 c, 47–801e).
Sec. 2. The tax exemption authorized by this Act shall become effective on the first day of the fiscal year next following the completion of construction by the Army Distaff Foundation of facilities necessary to carry out the purposes of the foundation as described in its certificate of incorporation: Provided, That such exemption shall, in no event, be applicable to any fiscal year prior to the fiscal year commencing July 1, 1962, and ending June 30, 1963.
Approved May 31, 1962.
Private Law 87–386: For the relief of Sister Mary Aurelia (Chiara Di Gesu). Private Law 386 Private Law 87–386 76 Stat. 1301 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1301 Private Law 87–386
AN ACT For the relief of Sister Mary Aurelia (Chiara Di Gesu).

May 31, 1962

[H. R. 3005]

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

Sister Mary Aurelia.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Sister Mary Aurelia (Chiara Di Gesu) shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required

Quota deduction.

visa fee. Upon the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved May 31, 1962.
Private Law 87–387: For the relief of Maddalena Haas. Private Law 387 Private Law 87–387 76 Stat. 1301 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–387
AN ACT For the relief of Maddalena Haas.

May 31, 1962

[H. R. 3148]

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

Maddalena Haas.

is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Maddalena Haas. From and after the date of the enactment of this Act, the said Maddalena Haas shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved May 31, 1962.
Private Law 87–388: For the relief of Gertrude M. Kaplan. Private Law 388 Private Law 87–388 76 Stat. 1301 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–388
AN ACT For the relief of Gertrude M. Kaplan.

May 31, 1962

[H. R 3696]

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

Gertrude M. Kaplan.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $1,227.16 to Mrs. Gertrude M. Kaplan, 60 Lovett Avenue, Little Silver, New Jersey, in full settlement of her claim against the United States as the widow of the late Major Benjamin Kaplan, United States Army, retired, for the balance of retirement benefits erroneously withheld from him in the period from August 1, 1947, to January 21, 1948: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved May 31, 1962.
Private Law 87–389: For the relief of Specialist Five Daniel J. Hawthorne, Junior. Private Law 389 Private Law 87–389 76 Stat. 1302 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1302 Private Law 87–389
AN ACT For the relief of Specialist Five Daniel J. Hawthorne, Junior.

May 31, 1962

[H. R. 4365]

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

Daniel J. Hawthorne, Jr.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Specialist Five Daniel J. Hawthorne, Junior, United States Army, the sum of $266.88, in full settlement of his claims against the United States for reimbursement of travel expenses incurred by him in connection with his travel from Fort Bliss, Texas, to North Adams, Massachusetts, during the period beginning November 4, 1959, and ending December 2, 1959, both dates inclusive. His claim for such expenses was denied because his permanent change of station orders was revoked while he was on eave prior to the time his travel from the original duty station was required. No part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved May 31, 1962.
Private Law 87–390: For the relief of Abraham Gelb. Private Law 390 Private Law 87–390 76 Stat. 1302 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–390
AN ACT For the relief of Abraham Gelb.

May 31, 1962

[H. R. 4563]

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

Abraham Gelb.

That, notwithstanding the expiration of the periods prescribed for the tiling of claims under subsections (a) through (d) of section 6 of the War Claims Act

62 Stat. 1244.

50 USC app. 2005.

of 1948, as amended, the Foreign Claims Settlement Commission is authorized and directed to determine the validity and amount, in accordance with the provisions of that Act and the Commission’s regulations previously in force with respect to claims under that section, of a claim for benefits under such subsection filed within ninety days after the date of enactment of this Act by Abraham Gelb, father of Daniel Gelb, deceased (Foreign Claims Settlement Commission claim numbered 149039; docket numbered 11,475). The Commission shall certify to the Secretary of the Treasury for payment out of the War Claims Fund any award made by the Commission in accordance with applicable provisions of the War Claims Act of 1948, as amended, in favor of Abraham Gelb.
Approved May 31, 1962.
Private Law 87–391: For the relief of Mrs. Willie Mae Brown. Private Law 391 Private Law 87–391 76 Stat. 1302 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–391
AN ACT For the relief of Mrs. Willie Mae Brown.

May 31, 1962

[H. R. 5686]

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

Mrs. Willie M. Brown.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Mrs. Willie Mae Brown 76 Stat. 1303of Lumber City, Georgia, the sum of $5,000, in full settlement of her claims against the United States for compensation for property damage and personal injuries sustained by her on June 17, 1960, as the result of a collision between an automobile operated by her and an ambulance (U.S.A. 758870) operated by the Tennessee Army National Guard, while such ambulance was en route to home station from annual field training of the 230th Medical Battalion, Tennessee Army National Guard. This claim is not cognizable under the Federal Tort Claims Act: Provided, That no part of the amount appropriated

60 Stat. 842; 62 Stat. 1008.

28 USC 2671 note.

in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved May 31, 1962.
Private Law 87–392: For the relief of Felicja Souleviez. Private Law 392 Private Law 87–392 76 Stat. 1303 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–392
AN ACT For the relief of Felicja Souleviez.

May 31, 1962

[H. R. 5689]

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

Felicja Souleviez.

of sections 101 (a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child Felicja Saulevicz shall be held and

8 USC 1101, 1155.

considered to be the natural-born alien child of Mrs. Feliks Saulevicz, a citizen of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved May 31, 1962.
Private Law 87–393: For the relief of Mon (Fred) Young. Private Law 393 Private Law 87–393 76 Stat. 1303 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–393
AN ACT For the relief of Mon (Fred) Young.

May 31, 1962

[H. R. 6344]

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

Mon Young.

66 Stat. 163.

8 USC 1101 note.

 of the Immigration and Nationality Act, Mon (Fred) Young shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon

Quota deduction.

 the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved May 31, 1962.
Private Law 87–394: For the relief of Cecil D. Bose. Private Law 394 Private Law 87–394 76 Stat. 1304 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1304 Private Law 87–394
AN ACT For the relief of Cecil D. Bose.

May 31, 1962

[H. R. 6464]

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

Cecil D. Rose

That the Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Cecil D. Rose, master specialist (E–7), United States Army, retired (service number RA 6553668), Fort Lewis, Washington, the sum of $1,620. The payment of such sum shall be in full settlement of all claims of the said Cecil D. Rose against the United States for reimbursement of money which he was compelled to pay to the United States because his class E allotment payments had been erroneously continued through May 31, 1948, after he had authorized discontinuance of such payments as of March 1, 1946: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account or services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved May 31, 1962.
Private Law 87–395: For the relief of Hendrikus Zoetmulder (Harry Combres). Private Law 395 Private Law 87–395 76 Stat. 1304 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–395
AN ACT For the relief of Hendrikus Zoetmulder (Harry Combres).

May 31, 1962

[H. R. 6772]

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

Hendrikus Zoetmulder.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Hendrikus Zoetmulder (Harry Combres) shall be held and considered to have been lawfully admitted to the United States for permanent residence pursuant to sections 1(B) and 3 of the Act of September 2, 1958, as amended (72 Stat. 1712–1713; 74 Stat. 505), as of the date of the enactment of this Act, upon payment of the required visa fee.
Approved May 31, 1962.
Private Law 87–396: To repeal the Act of August 14, 1957 (Private Law 85–160). Private Law 396 Private Law 87–396 76 Stat. 1304 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–396
AN ACT To repeal the Act of August 14, 1957 (Private Law 85–160).

May 31, 1962

[H. R. 6773]

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

Mrs. Fusako and Thomas Takai.

71 Stat. Aoi.

That the Act of August 14, 1957 (Private Law 85–160), be, and the same is hereby, repealed.
Approved May 31, 1962.
Private Law 87–397: For the relief of Louanna L. Leis. Private Law 397 Private Law 87–397 76 Stat. 1305 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1305 Private Law 87–397
AN ACT For the relief of Louanna L. Leis.

May 31, 1962

[H. R. 7671]

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

Louanna L. Leis.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Louanna L. Leis, Waukegan, Illinois, the sum of $150.79, in full settlement of her claim against the United States for reimbursement of the amount paid by her in good faith to a member of the Armed Forces upon his discharge from such forces on February 11, 1960, while she was performing her regular duties as agent cashier at the United States Navy Accounts Disbursing Office, Great Lakes, Illinois. On May 26, 1960, at the request of the disbursing officer in whose account the deficiency was created, the said Louanna L. Leis paid to the United States the sum of $150.79 to clear such deficiency from his account: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved May 31, 1962.
Private Law 87–398: For the relief of Paul J. Pericle. Private Law 398 Private Law 87–398 76 Stat. 1305 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–398
AN ACT For the relief of Paul J. Pericle.

May 31, 1962

[H. R. 8482]

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

Paul J. Pericle.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Paul J. Pericle, of Stockton, California, the sum of $538.47. The payment of such sum shall be in full settlement of all claims of the said Paul J. Pericle against the United States for reimbursement for travel of his dependents from Stockton, California, to Washington, District of Columbia, during March and April 1952, and from Washington, District of Columbia, to Stockton, California, in June 1952, while he was serving in the United States Naval Reserve: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved May 31, 1962.
Private Law 87–399: For the relief of Joseph A. Tedesco. Private Law 399 Private Law 87–399 76 Stat. 1306 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1306 Private Law 87–399
AN ACT For the relief of Joseph A. Tedesco.

May 31, 1962

[H. R. 8628]

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

Joseph A. Tedesco.

That Joseph A. Tedesco, of Niagara Falls, New York, is hereby relieved of all liability for repayment to the United States of pay and allowances for excess leave used while on active duty with the United States Army for the period from July 17, 1957, to February 5, 1959, in the amount of $307.87.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Joseph A. Tedesco, the sum of any amounts received or withheld from him on account of the payments referred to in the first section of this Act.
Approved May 31, 1962.
Private Law 87–400: For the relief of Rhea G. Burgess. Private Law 400 Private Law 87–400 76 Stat. 1306 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–400
AN ACT For the relief of Rhea G. Burgess.

May 31, 1962

[H. R. 9060]

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

Rhea G. Burgess.

That Mrs. Rhea G. Burgess, Dayton, Ohio, is hereby relieved of all liability to repay to the United States a sum of $373.97, which was erroneously paid to her by the Department of the Air Force for annual leave.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, any amounts refunded by reason of the liability referred to in section 1 of this Act by the said Rhea G. Burgess, or any amounts withheld by the United States from money otherwise due her. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, full credit shall be given for the amount for which liability is relieved by this Act.
Approved May 31, 1962.
Private Law 87–401: To relieve Theodore A. Anderson from loss of agricultural conservation program benefits. Private Law 401 Private Law 87–401 76 Stat. 1306 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–401
AN ACT To relieve Theodore A. Anderson from loss of agricultural conservation program benefits.

May 31, 1962

[H. R. 9188]

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

Theodore A. Anderson.

That, notwithstanding any other provision of law, the payments under the 1960 agricultural conservation program to Theodore A. Anderson of Rio vista, California, authorized under section 8 of the Soil Conservation and

16 USC 590h.

 Domestic Allotment Act, as amended, for the construction of a dam, the rolling and crushing of brush, and range reseeding, on Bureau of Land Management land leased by Mr. Anderson in Fresno County, California, shall not be denied or required to be refunded on account of the Federal ownership of the land on which the practices were carried out.
Approved May 31, 1962.
Private Law 87–402: For the relief of Mrs. Iris Ann Landrum. Private Law 402 Private Law 87–402 76 Stat. 1307 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1307 Private Law 87–402
AN ACT For the relief of Mrs. Iris Ann Landrum.

May 31, 1962

[H. R. 9409]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That Mrs. Iris Ann

Mrs. Iris A. Landrum.

Landrum, of Rand, West Virginia, is hereby relieved of all liability to refund to the United States the sum of $399.70. Such sum represents the amount of certain payments made to Mrs. Iris A. Landrum as the result of an error made by the Department of the Army. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, full credit shall be given for the amount for which liability is relieved by this Act.
Approved May 31, 1962.
Private Law 87–403: For the relief of Daniel E. Moore. Private Law 403 Private Law 87–403 76 Stat. 1307 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–403
AN ACT For the relief of Daniel E. Moore.

May 31, 1962

[H. R. 9596]

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

Daniel E. Moore.

 of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Daniel E. Moore the sum of $100 in full satisfaction of his claim against the United States for the loss of certain personal property taken by armed soldiers from his residence during the Battle of Vientiane in December 1960, where he was serving as Public Affairs Officer, United States Information Agency: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved May 31, 1962.
Private Law 87–404: For the relief of James N. Tull. Private Law 404 Private Law 87–404 76 Stat. 1307 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–404
AN ACT For the relief of James N. Tull.

May 31, 1962

[H. R. 9597]

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

James N. Tull.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to James N. Tull the sum of $597.47 in full satisfaction of his claim against the United States for the loss of certain personal property taken by armed soldiers from his residence during the Battle of Vientiane in December 1960, where he was serving as Deputy Public Affairs Officer, United States Information Agency: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved May 31, 1962.
Private Law 87–405: For the relief of John B. Hogan. Private Law 405 Private Law 87–405 76 Stat. 1308 1962-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1308 Private Law 87–405
AN ACT For the relief of John B. Hogan.

May 31, 1962

[H. R. 9830]

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

John B. Hogan.

That John B. Hogan, of Alexandria, Virginia, an employee of the Federal Aviation Agency, is hereby relieved of all liability to repay to the United States the sum of $1,345.72, representing travel and transportation expenses incurred by the said John B. Hogan in traveling with his dependents from San Francisco, California, to Honolulu, Hawaii, and transportation of household goods from Anchorage, Alaska, to Honolulu, Hawaii, pursuant to travel order numbered FSS56–600 issued by the General Services Administration on June 6, 1956, in accordance with the

60 Stat. 806.

5 USC 73b–1 note.

provisions of the Administrative Expenses Act of 1946, as amended, and the Comptroller General is authorized and directed to grant the said relief.
Approved May 31, 1962.
Private Law 87–406: For the relief of Salvatore Briganti. Private Law 406 Private Law 87–406 76 Stat. 1308 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–406
AN ACT For the relief of Salvatore Briganti.

June 8, 1962

[S. 971]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, notwithstanding the provisions of paragraph (9) of section 212(a) of the Immigration and

Salvatore Briganti.

8 USC 1182.

 Nationality Act, Salvatore Briganti may be issued an immigrant visa and admitted to the United States for permanent residence if he is found to be otherwise admissible under the provisions of such Act. This Act shall apply only to grounds for exclusion under such paragraph known to the Secretary of State or the Attorney General prior to the date of the enactment of this Act, and the provisions of section 24(a) (7) of the Act of September 26, 1961 (75 Stat. 657), shall be inapplicable in this case.
Approved June 8, 1962.
Private Law 87–407: For the relief of William Burnice Joyner. Private Law 407 Private Law 87–407 76 Stat. 1308 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–407
AN ACT For the relief of William Burnice Joyner.

June 8, 1962

[H. R. 1348]

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

William B. Joyner.

That the Postmaster General is authorized and directed to pay to William Burnice Joyner, of Palatka, Florida, the amount of $1,531.08. This sum represents the amount due as retroactive compensation for services rendered the United States Post Office, Palatka, Florida, during the period September 1, 1946, to and including September 1, 1948: Provided, That no part of the amount appropriated in this Act in excess of ten per centum thereof shall be paid or delivered to or received by any.agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved June 8, 1962.
Private Law 87–408: For the relief of Sydney Gruson. Private Law 408 Private Law 87–408 76 Stat. 1309 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1309 Private Law 87–408
AN ACT For the relief of Sydney Gruson.

June 8, 1962

[H. R. 1395]

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

Sydney Gruson.

admission for permanent residence in the United States, Sydney Gruson shall be held and considered to have complied with the residential and physical presence requirements of section 316 of the Immigration

66 Stat. 242.

8 USC 1427.

and Nationality Act.
Approved June 8, 1962.
Private Law 87–409: For the relief of Mrs. Frances Mangiaracina. Private Law 409 Private Law 87–409 76 Stat. 1309 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–409
AN ACT For the relief of Mrs. Frances Mangiaracina.

June 8, 1962

[H. R. 1404]

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

Frances Mangiaracina.

66 Stat. 169.

8 USC 1101.

of section 101(a) (27) (B) of the Immigration and Nationality Act, Mrs. Frances Mangiaracina shall be considered to be a returning resident alien.
Approved June 8, 1962.
Private Law 87–410: For the relief of Elizabeth Rose DiCarlo. Private Law 410 Private Law 87–410 76 Stat. 1309 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–410
AN ACT For the relief of Elizabeth Rose DiCarlo.

June 8, 1962

[H. R. 1712]

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

Elizabeth R. DiCarlo.

DiCarlo, who lost United States citizenship under the provisions of section 401(e) of the Nationality Act of 1940, may be naturalized by

54 Stat. 1168; 66 Stat. 280.

taking prior to one year after the effective date of this Act, before any court referred to in subsection (a) of section 310 of the Immigration and Nationality Act or before any diplomatic or consular officer of the

66 Stat. 239, 258.

8 USC 1421, 1448.

 United States abroad, the oaths prescribed by section 337 of the said Act. From and after naturalization under this Act, the said Elizabeth Rose DiCarlo shall have the same citizenship status as that which existed immediately prior to its loss.
Approved June 8, 1962.
Private Law 87–411: For the relief of Antonio C. Ysrael. Private Law 411 Private Law 87–411 76 Stat. 1309 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–411
AN ACT For the relief of Antonio C. Ysrael.

June 8, 1962

[H. R. 2103]

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

Antonio C. Israel.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Antonio C. Ysrael shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon the granting of

Quota deduction.

permanent residence to such alien as provided for in this Act, the 76 Stat. 1310Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved June 8, 1962.
Private Law 87–412: For the relief of Sonia Maria Smith. Private Law 412 Private Law 87–412 76 Stat. 1310 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–412
AN ACT For the relief of Sonia Maria Smith.

June 8, 1962

[H. R. 2672]

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

Sonia M. Smith.

That, for the purpose of sections 101(a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, the minor child, Sonia Maria Smith, shall be held and considered to be the natural-born alien child of Doris and Cecil Smith, citizens of the United States.
Approved June 8, 1962.
Private Law 87–413: For the relief of Kevork Toroian. Private Law 413 Private Law 87–413 76 Stat. 1310 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–413
AN ACT For the relief of Kevork Toroian.

June 8, 1962

[H. R. 5652]

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

Kevork Toroian.

73 Stat. 644.

8 USC 1153 note.

For the purposes of section 4 of the Act of September 22, 1959, the petition approved in behalf of Kevork Toroian, on November 23, 1959, shall be deemed to have been approved prior to January 1, 1959, and the provisions of section 24(a)(7) of the Act of September 26, 1961 (75 Stat. 657), shall not be applicable in this case.
Approved June 8, 1962.
Private Law 87–414: For the relief of A. Eugene Congress. Private Law 414 Private Law 87–414 76 Stat. 1310 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–414
AN ACT For the relief of A. Eugene Congress.

June 8, 1962

[H. R. 8368]

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

A. Eugene Congress.

63 Stat. 954.

5 USC 1071 note.

That the Secretary of the Navy is authorized and directed to place A. Eugene Congress, a civil engineer employee, grade GS–13, m the Department of the Navy, effective August 25, 1958, in the maximum scheduled salary step of grade GS–13 of the Classification Act of 1949, to which step he would have been entitled if he had not been assigned to duty outside the United States between May 10, 1956, and August 25, 1958.
Sec. 2. The Secretary of the Navy is authorized and directed to pay A. Eugene Congress an amount equal to the difference in the compensation which the said A. Eugene Congress actually received from and after August 25, 1958, and the compensation which he would have received if he had been in the maximum scheduled salary step for grade GS—13 of the Classification Act of 1949 since that date.
Approved June 8, 1962.
Private Law 87–415: For the relief of Sergeant First Class Jesse O. Smith. Private Law 415 Private Law 87–415 76 Stat. 1311 1962-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1311 Private Law 87–415
AN ACT For the relief of Sergeant First Class Jesse O. Smith.

June 8, 1962

[H. R. 9466]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That Sergeant Jesse O.

Jesse O. Smith.

Smith, RA44080654, United States Army, is hereby relieved of liability to the United States in the amount of $483.60 which was paid to him in the form of a reenlistment bonus on June 18, 1957, and was subsequently determined to have been in excess of the amount due him by reason of an administrative interpretation. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for any amount for which liability is relieved by this Act.
Sec. 2. The Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated to Sergeant First Class Jesse O. Smith, an amount equal to the aggregate of the amount paid by him, or withheld from sums otherwise due him, in complete or partial satisfaction of the liability to the United States specified in the first section: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved June 8, 1962.
Private Law 87–416: For the relief of Kenneth David Wooden. Private Law 416 Private Law 87–416 76 Stat. 1311 1962-06-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–416
AN ACT For the relief of Kenneth David Wooden.

June 12, 1962

[S. 1962]

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

Kenneth D. Wooden.

8 USC 1101, 1155.

of sections 101(a) (27) (Al and 205 of the Immigration and Nationality Act, the minor child, Kenneth David Wooden, shall be held and considered to be the natural-born alien child of Harold Hoover Wooden, a citizen of the United States: Provided, That no natural parent of Kenneth David Wooden, by virtue of such parentage, shall be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved June 12, 1962.
Private Law 87–417: For the relief of Autonia Longfield-Smith. Private Law 417 Private Law 87–417 76 Stat. 1311 1962-06-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–417
AN ACT For the relief of Autonia Longfield-Smith.

June 12, 1962

[S. 2011]

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

Antonia Longfield-Smith.

8 USC 1101, 1155.

of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Antonia Longfield-Smith, shall be held and considered to be the natural-born alien child of Captain and Mrs. John W. Longfield-Smith, citizens of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue 76 Stat. 1312of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved June 12, 1962.
Private Law 87–418: For the relief of Tina Jane Beland. Private Law 418 Private Law 87–418 76 Stat. 1312 1962-06-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–418
AN ACT For the relief of Tina Jane Beland.

June 12, 1962

[S. 2099]

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

Tina J. Beland.

That, for the purposes of sections 101 (a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, the minor child, Tina Jane Beland, shall be held and considered to be the natural-born alien child of Marcel Albert Beland and Lottie Beatrice Beland, citizens of the United States: Provided, That the natural parents of the said Tina Jane Beland shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved June 12, 1962.
Private Law 87–419: For the relief of Adolf M. Bailer. Private Law 419 Private Law 87–419 76 Stat. 1312 1962-06-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–419
AN ACT For the relief of Adolf M. Bailer.

June 12, 1962

[H. R. 1347]

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

Adolf M. Bailer.

That the Attorney General is authorized and directed to discontinue any deportation proceedings and to cancel any outstanding order and warrant of deportation, warrant of arrest, and bond, which may have been issued in the case of Adolf M. Bailer. From and after the date of enactment of this Act, the said Adolf M. Bailer shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and order have issued.
Approved June 12, 1962.
Private Law 87–420: For the relief of William Falby. Private Law 420 Private Law 87–420 76 Stat. 1312 1962-06-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–420
AN ACT For the relief of William Falby.

June 12, 1962

[H. R. 1653]

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

William Falby.

That William Falby, who lost United States citizenship under the provisions of section

66 Stat. 268.

8 USC 1481.

349(a)(4)(A) of the Immigration and Nationality Act, may be naturalized by taking prior to one year after the effective date of this Act, before any court referred to in subsection (a) of section 310 of the Immigration and Nationality Act or before any diplomatic or consular officer of the United States abroad, the oaths prescribed

66 Stat. 239, 258.

8 USC 1421, 1448.

by section 337 of the said Act. From and after naturalization under this Act, the said William Falby shall have the same citizenship status as that which existed immediately prior to its loss: Provided, That the said William Falby enters the United States for permanent residence within two years after the date of the enactment of this Act.
Approved June 12, 1962.
Private Law 87–421: For the relief of Mildred Ixive Hayley. Private Law 421 Private Law 87–421 76 Stat. 1313 1962-06-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1313 Private Law 87–421
AN ACT For the relief of Mildred Ixive Hayley.

June 12, 1962

[H. R. 2839]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That sections 15

Mildred L. Hayley.

 to 20, inclusive, of the Act entitled “An Act to provide for employees of the United States suffering injuries while in the performance of their duties, and for other purposes”, approved September 7, 1916, as amended (5 U.S.C. 765–770), are hereby waived in favor of Mildred

39 Stat. 746.

Love Hayley, the widow of Major Frank I). Havley, and her claim based on the death of the said Major Frank D. Hayley for compensation under that Act is authorized and directed to be considered and acted upon under the remaining provisions of the Act, as amended, if she files such claim with the Department of Labor (Bureau of Employees’ Compensation) not later than six months after the date of enactment of this Act: Provided, That no benefits except hospital and medical expenses actually incurred shall accrue for any period of time prior to the date of enactment of this Act: And provided further, That the said Mildred Love Hayley may elect to claim benefits as authorized by this Act without regard to the restrictions of section 416(b) of title 38, United States Code.

72 Stat. 1130.

Approved June 12, 1962.
Private Law 87–422: For the relief of Doctor Ting-Wa Wong. Private Law 422 Private Law 87–422 76 Stat. 1313 1962-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–422
AN ACT For the relief of Doctor Ting-Wa Wong.

June 15, 1962

[S. 315]

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

Dr. Ting-Wa Wong.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Doctor Ting-Wa Wong shall be held and considered to have been lawfully admitted to the United States for permanent residence as of September 11, 1958, upon payment of the required visa fee. Upon the granting of permanent

Quota deduction.

residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved June 15, 1962.
Private Law 87–423: For the relief of certain aliens who are serving in the United States Armed Forces. Private Law 423 Private Law 87–423 76 Stat. 1313 1962-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–423
JOINT RESOLUTION For the relief of certain aliens who are serving in the United States Armed Forces.

June 15, 1962

[H. J. Res. 638]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That, for the purposes of the Immigration and Nationality Act, Adriano P. Principe,

Adriano P. Princiipe and others.

66 Stat. 163.

8 USC 1101 note.

 Ricardo V. De Los Reyes, Juanito Moreno, Arnulfo C. Imbat, Elias N. Guillermo, Geronimo R. Reyes, Herculano C. Mangente, Ireneo S. Mayo, Gerardo P. Magcanam, Pedro F. Bantillo, and Francisco F. Sarmiento shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fees, 76 Stat. 1314

Quota deductions.

Upon the granting of permanent residence to such aliens as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct eleven numbers from the appropriate quota for the first year that such quota is available.
Approved June 15, 1962.
Private Law 87–424: For the relief of Franziska Aloisia Fuchs (nee Tercka). Private Law 424 Private Law 87–424 76 Stat. 1314 1962-06-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–424
AN ACT For the relief of Franziska Aloisia Fuchs (nee Tercka).

June 15, 1962

[H. R. 2833]

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

Franziska A. Fuchs.

66 Stat. 182.

8 USC 1182.

That, notwithstanding the provision of section 212(a)(3) of the Immigration and Nationality Act, Franziska Aloisia Fuchs (nee Tercka), may be issued a visa and admitted to the United States for permanent residence if she is found to be otherwise admissible under the provisions of this Act: Provided, That a suitable and proper bond or undertaking, approved by the Attorney General, be deposited as prescribed by section

8 USC 1183.

213 of the said Act: Provided further, That this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act.
Approved June 15, 1962.
Private Law 87–425: For the relief of Anna Isernia Alloca. Private Law 425 Private Law 87–425 76 Stat. 1314 1962-06-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–425
AN ACT For the relief of Anna Isernia Alloca.

June 19, 1962

[H. R. 3595]

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

Anna I. Alloca.

That, notwithstanding the provision of section 212(a) (9) of the Immigration and Nationality

8 USC 1182.

Act, Anna Isernia Alloca may be issued a visa and admitted to the United States for permanent residence if she is found to be otherwise admissible under the provisions of that Act: Provided, That this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act,
Sec. 2. The provisions of section 24(a)(7) of the Act of September 26, 1961 (75 Stat. 657) shall be inapplicable in this case.
Approved June 19, 1962.
Private Law 87–426: For the relief of Angelina Rainone. Private Law 426 Private Law 87–426 76 Stat. 1314 1962-06-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–426
AN ACT For the relief of Angelina Rainone.

June 19, 1962

[H. R. 3633]

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

Angelina Rai none.

That, the Attorney General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Angelina Rainone. From and after the date of the enactment of this Act, the said Angelina Rainone shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved June 19, 1962.
Private Law 87–427: For the relief of Janina Maciejewska. Private Law 427 Private Law 87–427 76 Stat. 1315 1962-06-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1315 Private Law 87–427
AN ACT For the relief of Janina Maciejewska.

June 19, 1962

[H. R. 3714]

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

Janina MacieJewska.

General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Janina Maciejewska. From and after the date of the enactment of this Act, the said Janina Maciejewska shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved June 19, 1962.
Private Law 87–428: For the relief of Adele Anis Mansour. Private Law 428 Private Law 87–428 76 Stat. 1315 1962-06-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–428
AN ACT For the relief of Adele Anis Mansour.

June 19, 1962

[H. R. 4655]

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

Adele A. Mansour.

General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Adele Anis Mansour. From and after the date of the enactment of this Act, the said Adele Anis Mansour shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved June 19, 1962.
Private Law 87–429: For the relief of James B. Troup and Sylvia Mattiat. Private Law 429 Private Law 87–429 76 Stat. 1315 1962-06-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–429
AN ACT For the relief of James B. Troup and Sylvia Mattiat.

June 19, 1962

[H. R. 10502]

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

James B. Troup.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, James B. Troup shall be held and considered to have been lawfully admitted to the United States for permanent residence on September 20, 1956, and the time he has resided and been physically present in the United States since that date shall be held and considered as compliance with the residence and physical presence requirements of section 316 of that Act.

8 USC 1427.

Sylvia Mattiat.

Sec. 2. For the purposes of the Immigration and Nationality Act, the time Sylvia Mattiat has resided and been physically present in the United States since her lawful admission for permanent residence on November 8, 1950, shall be held and considered as compliance with the residence and physical presence requirements of section 316 of that Act.
Approved June 19, 1962.
Private Law 87–430: For the relief of Ferdinand A. Hermens. Private Law 430 Private Law 87–430 76 Stat. 1316 1962-06-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1316 Private Law 87–430
AN ACT For the relief of Ferdinand A. Hermens.

June 19, 1962

[S. 2865]

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

Ferdinand A. Hermens.

66 Stat. 269.

8 USC 1484.

That, in the administration of the Immigration and Nationality Act, section 352(a) of that Act shall be held not to be nor to have been applicable to any period of residence of Ferdinand A. Hermens, a naturalized citizen of the United States, in Germany after April 30, 1962, and prior to May 1, 1965.
Approved June 19, 1962.
Private Law 87–431: For the relief of Vincent Edward Hughes, his wife, Carmel Philomena Hughes, and their alien children. Private Law 431 Private Law 87–431 76 Stat. 1316 1962-06-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–431
AN ACT For the relief of Vincent Edward Hughes, his wife, Carmel Philomena Hughes, and their alien children.

June 19, 1962

[H. R. 6330]

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

Vincent E. Hughes and wife.

66 Stat. 169.

8 USC 1101.

For the purposes of section 101(a) (27) (B) of the Immigration and Nationality Act Vincent Edward Hughes and his wife, Carmel Philomena Hughes, and their alien children, shall be held and considered to be returning resident aliens.
Approved June 19, 1962.
Private Law 87–432: For the relief of Caterina Scalzo (nee LoSchiavo). Private Law 432 Private Law 87–432 76 Stat. 1316 1962-06-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–432
AN ACT For the relief of Caterina Scalzo (nee LoSchiavo).

June 23, 1962

[S. 2990]

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

Caterina Scalzo.

66 Stat. 163.

8 USC 1101 note.

That, in the administration of the Immigration and Nationality Act, Caterina Scalzo (nee LoSchiavo) the fiancee of Bernard Scalzo, a citizen of the United States, shall be eligible for a visa as a nonimmigrant temporary visitor for a period of three months: Provided, That the administrative authorities find that the said Caterina Scalzo (nee LoSchiavo) is coming to the United States with a bona fide intention of being married to the said Bernard Scalzo and that she is found otherwise admissible under the immigration laws. In the event the marriage between the above-named persons does not occur within three months after the entry of the said Caterina Scalzo (nee LoSchiavo), she shall be required to depart from the United States and upon failure to do so shall be deported in accordance with the provisions of sections

8 USC 1252, 1253.

242 and 243 of the Immigration and Nationality Act. In the event that the marriage between the above-named persons shall occur within three months sitter the entry of the said Caterina Scalzo (nee LoSchiavo), the Attorney General is authorized and directed to record the lawful admission for permanent residence of the said Caterina Scalzo (nee LoSchiavo) as of the date of the payment by her of the required visa fee.
Approved June 23, 1962.
Private Law 87–433: For the relief of Maria La Bella. Private Law 433 Private Law 87–433 76 Stat. 1317 1962-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1317 Private Law 87–433
AN ACT For the relief of Maria La Bella.

June 25, 1962

[S. 1881]

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

Maria La Bella.

 General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Maria La Bella. From and after the date of the enactment of this Act, the said Maria La Bella shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved June 25, 1962.
Private Law 87–434: For the relief of Mrs. Eva London Ritt. Private Law 434 Private Law 87–434 76 Stat. 1317 1962-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–434
AN ACT For the relief of Mrs. Eva London Ritt.

June 25, 1962

[S. 2143]

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

Eva L. Ritt.

of title III of the Immigration and Nationality Act, section

66 Stat. 235.

8 USC 1401 et seq.

8 USC 1484.

352(a) (2) of the said Act shall be deemed to have been and to be inapplicable in the case of Mrs. Eva London Ritt, a naturalized citizen of the United States: Provided, That the said Mrs. Eva London Ritt establishes residence in the United States, as defined in section 101 (a) (33) of the Immigration and Nationality Act, prior to the expiration

8 USC 1101.

of thirty-six months following the date of the enactment of this Act.
Approved June 25, 1962.
Private Law 87–435: For the relief of Michael Najeeb Metry. Private Law 435 Private Law 87–435 76 Stat. 1317 1962-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–435
AN ACT For the relief of Michael Najeeb Metry.

June 25, 1962

[S. 2565]

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

Michael N. Metry.

of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Michael Najeeb Metry, shall be

8 USC 1101, 1155.

 held and considered to be the natural-born alien child of Doctor and Mrs. John M. Metry, citizens of the United States: Provided, That, the natural parents of Michael Najeeb Metry shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved June 25, 1962.
Private Law 87–436: To provide for the conveyance of certain real property of the United States to the former owners thereof. Private Law 436 Private Law 87–436 76 Stat. 1318 1962-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1318 Private Law 87–436
AN ACT To provide for the conveyance of certain real property of the United States to the former owners thereof.

June 25, 1962

[H. R. 5456]

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

Mayo Drake and others.

Conveyance.

That the Secretary of Agriculture shall convey, without consideration therefor, to Mayo Drake, Herman L. Drake, John Cecil Drake, Ruby M. Drake, Clara O. Drake, and Lilia H. Drake, as tenants in common, all right, title, and interest of the United States in and to the real property described as the northwest quarter southwest quarter, section 12, township 2 south, range 5 west, Leon County, Florida, containing 35 acres more or less, which real property was acquired by the United States under the final judgment entered October 29, 1941, by the United States District Court for the Northern District of Florida in the condemnation proceedings entitled United States of America against 24,814.602 acres, more or less, of land, T.C. Numbered 41.
Approved June 25, 1962.
Private Law 87–437: Granting a renewal of patent numbered 92,187 relating to the badge of the Sons of the American Legion. Private Law 437 Private Law 87–437 76 Stat. 1318 1962-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–437
AN ACT Granting a renewal of patent numbered 92,187 relating to the badge of the Sons of the American Legion.

June 25, 1962

[H. R. 11032]

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

Sons of the American Legion.

That a certain design patent issued by the United States Patent Office of date of May 8, 1934, being patent numbered 92,187, is hereby renewed and extended for a period of fourteen years from and after the date of approval of this Act, with all the rights and privileges pertaining to the same, being generally known as “the badge of the Sons of the American Legion.”
Approved June 25, 1962.
Private Law 87–438: Granting a renewal of patent numbered 55,398 relating to the badge of the American Legion Auxiliary. Private Law 438 Private Law 87–438 76 Stat. 1318 1962-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–438
AN ACT Granting a renewal of patent numbered 55,398 relating to the badge of the American Legion Auxiliary.

June 25, 1962

[H. R. 11033]

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

American Legion Auxiliary.

That a certain design patent issued by the United States Patent Office of date of June 1, 1920, being patent numbered 55,398, is hereby renewed and extended for a period of fourteen years from and after the date of approval of this Act, with all the rights and privileges pertaining to the same, being generally known as “the badge of the American Legion Auxiliary.”
Approved June 25, 1962.
Private Law 87–439: Granting a renewal of patent numbered 54,296 relating to the badge of the American Legion. Private Law 439 Private Law 87–439 76 Stat. 1319 1962-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1319 Private Law 87–439
AN ACT Granting a renewal of patent numbered 54,296 relating to the badge of the American Legion.

June 25, 1962

[H. R. 11034]

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

American Legion.

patent issued by the United States Patent Office of date of December 9, 1919, being patent numbered 54,296, is hereby renewed and extended for a period of fourteen years from and after the date of approval of this Act, with all the rights and privileges pertaining to the same, being generally known as “the badge of the American legion.”
Approved June 25, 1962.
Private Law 87–440: For the relief of Manuel Arranz Rodriguez. Private Law 440 Private Law 87–440 76 Stat. 1319 1962-06-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–440
AN ACT For the relief of Manuel Arranz Rodriguez.

June 27, 1962

[S. 2186]

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

Manuel A. Rodriguez.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Manuel Arranz Rodriguez shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act upon payment of the required visa fee.
Approved June 27, 1962.
Private Law 87–441: For the relief of Shunichi Aikawa. Private Law 441 Private Law 87–441 76 Stat. 1319 1962-06-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–441
AN ACT For the relief of Shunichi Aikawa.

June 27, 1962

[S. 2340]

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

Shunichi Aikawa.

of the Immigration and Nationality Act, Shunichi Aikawa shall

66 Stat. 163.

8 USC 1101 note.

a held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of

Quota deduction.

this Act, upon payment of the required visa fee. Upon the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved June 27, 1962.
Private Law 87–442: For the relief of Elaine Rozin Recanati. Private Law 442 Private Law 87–442 76 Stat. 1319 1962-06-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–442
AN ACT For the relief of Elaine Rozin Recanati.

June 27, 1962

[S. 2418]

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

Elaine R. Recanati.

66 Stat. 163, 269.

8 USC 1101 note, 1484.

of the Immigration and Nationality Act, section 352(a)(2) shall not be held to have been or to be applicable to Elaine Rozin Recanati, a citizen of the United States, provided she returns to the United States for permanent residence prior to March 15, 1967.
Approved June 27, 1962.
Private Law 87–443: For the relief of Kim Oarey (Timothy Mark Alt). Private Law 443 Private Law 87–443 76 Stat. 1320 1962-06-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1320 Private Law 87–443
AN ACT For the relief of Kim Oarey (Timothy Mark Alt).

June 27, 1962

[S. 2486]

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

Kim Carey.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, Kim Carey (Timothy Mark Alt) shall be held and considered to be the natural-born alien child of Mr. and Mrs. Raymond L. Alt, citizens of the United States: Provided, That the natural parents of Kim Carey (Timothy Mark Alt) shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved June 27, 1962.
Private Law 87–444: For the relief of Sally Ann Barnett. Private Law 444 Private Law 87–444 76 Stat. 1320 1962-06-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–444
AN ACT For the relief of Sally Ann Barnett.

June 27, 1962

[S. 2562]

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

Sally A. Barnett.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, the minor child, Sally Ann Barnett, shall be held and considered to be the natural-born alien child of Mr. and Mrs. Charles W. Barnett, citizens of the United States: Provided, That no natural parent of Sally Ann Barnett, by virtue of such parentage, shall be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved June 27, 1962.
Private Law 87–445: To provide for the conveyance of certain lands of the Minnesota Chippewa Tribe of Indians to the Little Flower Mission of the Saint Cloud Diocese. Private Law 445 Private Law 87–445 76 Stat. 1320 1962-06-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–445
AN ACT To provide for the conveyance of certain lands of the Minnesota Chippewa Tribe of Indians to the Little Flower Mission of the Saint Cloud Diocese.

June 27, 1962

[S. 2895]

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

Little Flower Mission of the Saint Cloud Diocese.

Land conveyance.

That the Secretary of the Interior, with the consent of the Minnesota Chippewa Tribe, is hereby authorized to convey to the Little Flower Mission of the Saint Cloud Diocese, without the payment of any consideration, all right, title, and interest of the United States of America and the Minnesota Chippewa Tribe in and to the following described land located on the Mille Lacs Indian Reservation: Lot 7, section 28, township 43 north, range 27 west, fourth principal meridian, Minnesota, containing 4.78 acres, more or less, subject to the road right-of-way for Minnesota Trunk Highway Numbered 169, and all other valid existing rights-of-way. The conveyance shall provide that title to the land shall revert to the United States in trust for the Minnesota Chippewa Tribe when it is no longer used for religious purposes.
Approved June 27, 1962.
Private Law 87–446: To provide for the conveyance of thirty-nine acres of Minnesota Chippewa tribal land on the Fond du Lac Indian Reservation to the Saints Mary and Joseph Church, Sawyer, Minnesota. Private Law 446 Private Law 87–446 76 Stat. 1321 1962-07-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1321 Private Law 87–446
AN ACT To provide for the conveyance of thirty-nine acres of Minnesota Chippewa tribal land on the Fond du Lac Indian Reservation to the Saints Mary and Joseph Church, Sawyer, Minnesota.

July 2, 1962

[H. R. 10459]

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

Sts. Mary and Joseph Church, Sawyer, Minn.

Conveyance.

of the Interior, with the approval of the Minnesota Chippewa Tribe, is authorized to convey a tract of tribal land located on the Fond du Lac Reservation, Minnesota, described as: Lot 5, section 33, township 49 north, range 18 west, fourth principal meridian, Minnesota? containing 39.0 acres? more or less, subject to prior valid existing rights-of-way, to the Saints Mary and Joseph Church, Sawyer, Minnesota: Provided, That the title to the land hereby authorized to be conveyed will revert to the United States in trust for the Minnesota Chippewa Tribe when it is no longer used for religious purposes.
Approved July 2, 1962.
Private Law 87–447: To provide for the conveyance of certain real property of the United States to the Carolina Power and Light Company. Private Law 447 Private Law 87–447 76 Stat. 1321 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–447
AN ACT To provide for the conveyance of certain real property of the United States to the Carolina Power and Light Company.

July 10, 1962

[H. R. 3840]

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

Carolina Power and Light Co.

Conveyance.

 of the Interior shall convey to the Carolina Power and Light Company, Raleigh? North Carolina, all right, title, and interest of the United States in and to the real property described in section 2 of this Act, upon payment to the United States by such company of the fair market value of such property, as determined by the Secretary of the Interior.
Sec. 2.

The real property referred to in the first section of this Act is more particularly described as follows:

All that tract of land situate, lying and being in Alligator Township, Chesterfield County, South Carolina, containing one hundred and twelve acres, bounded north by Johnson lands; east by lands of Peoples and Pat Polson; south by lands of Pat Polson; west by Black Creek and Alligator Branch, which separates these lands from lands of Morrison, and being more particularly described as follows:

Beginning at the northwestern corner at the intersection of the north boundary with Alligator Branch; thence down said branch south 24 degrees 12 minutes west 4.87 chains; thence south 26 degrees 46 minutes east 6.10 chains; thence south 46 degrees 16 minutes west 7.95 chains; thence south 15 degrees 49 minutes east 3.11 chains; thence south 19 degrees 30 minutes west 11.08 chains;

Thence down Black Creek south 36 degrees 15 minutes east 3.72 chains; thence down Black Creek south 50 degrees 58 minutes west 7.14 chains; thence down Black Creek south 10 degrees 32 minutes east 6.56 chains; thence down Black Creek south 50 degrees 53 minutes west 6.89 chains; thence to a point;

Thence north 53 degrees 57 minutes east 38.15 chains to a point; thence north 59 degrees 27 minutes east 4.82 chains to a point; thence north 55 degrees 05 minutes east 27.68 chains to a point; thence north 81 degrees 24 minutes west 42.83 chains to the beginning point, as shown on map thereof made by the General Land Office, Sand Hills 76 Stat. 1322agricultural demonstration project, McBee, South Carolina, filed as Atlas sheet numbered 32-C–2.

This being the land deeded to I. S. Hoffman and W. F. Hoffman by J. II. Hoffman by his deed dated August 21, 1919, recorded in deed book 50 at page 28 in the office of the clerk of court for Chesterfield County, South Carolina, and by W. F. Hoffman by his deed dated November 12, 1919, recorded in deed book 53 at page 175 in the office of the clerk of court for Chesterfield County. This land was conveyed to the United States by I. S. Hoffman by his deed dated January 19, 1938, recorded in deed book 85 at page 251 in the office of the clerk of court for Chesterfield County, South Carolina.
Sec. 3. The conveyance issued under this Act shall be subject to the right of the public to have free and unrestricted access to, and use of, the land and the lake thereon for boating, fishing, swimming and other recreation to the extent such access and use are consistent with the basic purpose of the lake as a source of uncontaminated water for industrial purposes.
Approved July 10, 1962.
Private Law 87–448: For the relief of Joey Kim Purdy. Private Law 448 Private Law 87–448 76 Stat. 1322 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–448
AN ACT For the relief of Joey Kim Purdy.

July 10, 1962

[S. 1526]

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

Joey K, Purdy.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, the minor child, Joey Kim Purdy shall be held and considered to be the natural-born alien child of Ralph B. Purdy, Junior, and Julia Purdy, citizens of the United States: Provided, That the natural parents of the said Joey Kim Purdy shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved July 10, 1962.
Private Law 87–449: For the relief of Hajitne Sumitani. Private Law 449 Private Law 87–449 76 Stat. 1322 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–449
AN ACT For the relief of Hajitne Sumitani.

July 10, 1962

[S. 1943]

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

Hajime Sumitani.

That, for the purposes

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Hajime Sumitani shall be. held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee: Provided, That a suitable and proper bond or undertaking, approved by the

8 USC 1183.

Attorney General, be deposited as prescribed by section 213 of the Immigration and Nationality Act.
Approved July 10, 1962.
Private Law 87–450: For the relief of Lise Marie Berthe Marguerite De Simone. Private Law 450 Private Law 87–450 76 Stat. 1323 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1323 Private Law 87–450
AN ACT For the relief of Lise Marie Berthe Marguerite De Simone.

July 10, 1962

[S. 2198]

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

Lise M. B. M. De Simone.

66 Stat. 175, 176.

8 USC 1151, 1152.

of the Immigration and Nationality Act, the provisions of sections 201(a), 202(a)(5), and 202(b) shall be inapplicable in the case of Lise Marie Berthe Marguerite De Simone.
Approved July 10, 1962.
Private Law 87–451: For the relief of Byron Wong. Private Law 451 Private Law 87–451 76 Stat. 1323 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–451
AN ACT For the relief of Byron Wong.

July 10, 1962

[S. 2300]

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

Byron Wong.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Byron Wong shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act upon payment of the required visa fee. Upon granting of permanent

Quota deduction.

 residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved July 10, 1962.
Private Law 87–452: For the relief of Filomena F. Schenkenberger. Private Law 452 Private Law 87–452 76 Stat. 1323 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–452
AN ACT For the relief of Filomena F. Schenkenberger.

July 10, 1962

[S. 2355]

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

Filomena F. Schenkenberger.

the provisions of paragraph (3) of section 212(a) of the Immigration and Nationality Act, Filomena F. Schenkenberger may

66 Stat. 182.

8 USC 1182.

 be issued an immigrant visa and admitted to the United States for permanent residence if she is found to be otherwise admissible under the provisions of such Act: Provided, That a suitable and proper bond or undertaking, approved by the Attorney General, be deposited as prescribed by section 213 of the said Act. This Act shall apply only

8 USC 1183.

to grounds for exclusion under such paragraph known to the Secretary of State or the Attorney General prior to the date of the enactment of this Act.
Approved July 10, 1962.
Private Law 87–453: For the relief of Patricia Kim Bell (Kim Booshin). Private Law 453 Private Law 87–453 76 Stat. 1324 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1324 Private Law 87–453
AN ACT For the relief of Patricia Kim Bell (Kim Booshin).

July 10, 1962

[S. 2606]

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

Patricia K. Bell.

That, for the purposes of sections 101 (a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, the minor child, Patricia Kim Bell (Kim Booshin), shall be held and considered to be the natural-born alien child of Doctor and Mrs. Archie Bell, citizens of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved July 10, 1962.
Private Law 87–454: For the relief of Lee Hwa Sun. Private Law 454 Private Law 87–454 76 Stat. 1324 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–454
AN ACT For the relief of Lee Hwa Sun.

July 10, 1962

[S. 2607]

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

Lee Hwa Sun.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, the minor child, Lee Hwa Sun, shall be held and considered to be the natural-born alien child of Mr. and Mrs. John Matthews, Junior, citizens of the United States: Provided, That the natural parents or the said Lee Hwa Sun shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved July 10, 1962.
Private Law 87–455: For the relief of Susan Holt Lerke (Choi Sun Hee). Private Law 455 Private Law 87–455 76 Stat. 1324 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–455
AN ACT For the relief of Susan Holt Lerke (Choi Sun Hee).

July 10, 1962

[S. 2633]

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

Susan H. Lerke.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, the minor child, Susan Holt Lerke (Choi Sun Hee), shall be held and considered to be the natural-born alien child of Kurt Lerke and Julia Lerke, citizens of the United States: Provided, That the natural patents of the said Susan Holt Lerke (Choi Sun Hee) shall, not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved July 10, 1962.
Private Law 87–456: For the relief of Ernst Fraenkel and his wife, Hanna Fraenkel. Private Law 456 Private Law 87–456 76 Stat. 1324 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–456
AN ACT For the relief of Ernst Fraenkel and his wife, Hanna Fraenkel.

July 10, 1962

[S. 2709]

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

Emit Fraenkel and wife.

66 Stat. 269.

8 USC 1484.

That in the administration of the Immigration and Nationality Act, as amended, the provisions of section 352(a) (1) of that Act shall be held to be and to 76 Stat. 1325have been inapplicable in the cases of Ernst Fraenkel and his wife, Hanna Fraenkel, naturalized citizens of the United States: Provided, That they return to the United States for permanent residence prior to June 1, 1965.
Approved July 10, 1962.
Private Law 87–457: For the relief of Yoon So Shim. Private Law 457 Private Law 87–457 76 Stat. 1325 1962-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–457
AN ACT For the relief of Yoon So Shim.

July 10, 1962

[S. 2732]

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

Yoon So Shim.

of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Yoon So Shim, shall be held and

8 USC 1101, 1155.

considered to be the natural-born alien child of Mr. and Mrs. Robert Thatcher, Junior, citizens of the United States: Provided, That the natural parents of the said Yoon So Shim shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved July 10, 1962.
Private Law 87–458: For the relief of Tio Sien Tjiong. Private Law 458 Private Law 87–458 76 Stat. 1325 1962-07-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–458
AN ACT For the relief of Tio Sien Tjiong.

July 11, 1962

[S. 2309]

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

Tio Sien Tjiong.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Tio Sien Tjiong (A–10396702) shall be held and considered to have been lawfully admitted to the United States for permanent residence as of January 3, 1953.
Approved July 11, 1962.
Private Law 87–459: For the relief of Alexandra Callas. Private Law 459 Private Law 87–459 76 Stat. 1325 1962-07-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–459
AN ACT For the relief of Alexandra Callas.

July 11, 1962

[S. 2586]

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

Alexandra Callas.

of sections 101 (a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Alexandra Callas, shall be held and

8 USC 1101, 1155.

considered to be the natural-born alien child of Mr. and Mrs. Michael Callas, citizens of the United States: Provided, That the natural parents of Alexandra Callas shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved July 11, 1962.
Private Law 87–460: For the relief of John Axel Arvidson. Private Law 460 Private Law 87–460 76 Stat. 1326 1962-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1326 Private Law 87–460
AN ACT For the relief of John Axel Arvidson.

July 12, 1962

[S. 2679]

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

John A. Arvidson.

That, notwithstanding the provisions of section 315 of the Immigration and Nationality

66 Stat. 242; 40 Stat. 885; 54 Stat. 1173.

8 USC 1426.

Act or the Act of July 9, 1918, or the decree of the Hennepin County District Court, Minneapolis, Minnesota, dated March 15, 1919, John Axel Arvidson shall be held and considered eligible to be naturalized as a citizen of the United States provided he is otherwise qualified in accordance with the general requirements as to residence, good moral character, attachment to the principles of the Constitution, and disposition to the good order and happiness of the United States as set

8 USC 1427.

forth in section 316 of the said Immigration and Nationality Act.
Approved July 12, 1962.
Private Law 87–461: For the relief of Captain Dale Frazier. Private Law 461 Private Law 87–461 76 Stat. 1326 1962-07-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–461
AN ACT For the relief of Captain Dale Frazier.

July 18, 1962

[S. 1264]

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

Capt. Dale Frazier.

That Captain Dale Frazier, United States Army, Retired, of Honolulu, Hawaii, is hereby relieved of all liability to repay to the United States the sum of $13,052.89, representing overpayments of retired pay received by him for the period from March 27, 1952, through August 3, 1955, while he was employed by the Department of the Navy, such overpayments having been made through administrative error in violation of section

47 Stat. 406.

212 of the Act of June 30, 1932, as amended (5 U.S.C. 59a), which limits the amount of retired pay certain retired commissioned officers may receive when holding civilian positions under the Government.
Sec. 2. The Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Captain Dale F racier, an amount equal to the aggregate of the amounts paid by him, or withheld from sums otherwise due him, in complete or partial satisfaction of the liability to the United States specified in the first section.
Sec. 3. No part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved July 18, 1962.
Private Law 87–462: For the relief of Demitrios Dunis. Private Law 462 Private Law 87–462 76 Stat. 1326 1962-07-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–462
AN ACT For the relief of Demitrios Dunis.

July 18, 1962

[H. R. 1809]

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

Demitrios Dunis.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and 76 Stat. 1327Nationality Act, Demitrios Dunis shall be held and considered to be

8 USC 1101, 1155.

 the natural-born alien minor child of Vasilikie D. and Gus Harry Dunis, citizens of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved July 18, 1962.
Private Law 87–463: For the relief of Stavros Michael Mourkakos. Private Law 463 Private Law 87–463 76 Stat. 1327 1962-07-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–463
AN ACT For the relief of Stavros Michael Mourkakos.

July 18, 1962

[H. R. 1899]

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

Stavros M. Mourkakos.

is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Stavros Michael Mourkakos. From and after the date of the enactment of this Act, the said Stavros Michael Mourkakos shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved July 18, 1962.
Private Law 87–464: For the relief of Maria Stella Todaro. Private Law 464 Private Law 87–464 76 Stat. 1327 1962-07-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–464
AN ACT For the relief of Maria Stella Todaro.

July 18, 1962

[H. R. 2337]

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

Maria S. Todaro.

is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Maria Stella Todaro. From and after the date of the enactment of this Act, the said Maria Stella Todaro shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved July 18, 1962.
Private Law 87–465: For the relief of Mrs. Marguerite de Soepkez. Private Law 465 Private Law 87–465 76 Stat. 1327 1962-07-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–465
AN ACT For the relief of Mrs. Marguerite de Soepkez.

July 18, 1962

[H. R. 3483]

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

Marguerite de Soepkez.

is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Mrs. Marguerite de Soepkez. From and after the date of the enactment of this Act, the said Mrs. Marguerite de Soepkez shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved July 18, 1962.
Private Law 87–466: For the relief of Sebastian Sanchez Hermosilla. Private Law 466 Private Law 87–466 76 Stat. 1328 1962-07-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1328 Private Law 87–466
AN ACT For the relief of Sebastian Sanchez Hermosilla.

July 18, 1962

[H. R. 3492]

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

Sebastian S. Hermosilla.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, Sebastian Sanchez Hermosilla, shall be held and considered to be the natural-born alien minor child of Mr. and Mrs. Frank Hermosilla, citizens of the United States: Provided, That the natural mother of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved July 18, 1962.
Private Law 87–467: For the relief of Chikoko Shinagawa. Private Law 467 Private Law 87–467 76 Stat. 1328 1962-07-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–467
AN ACT For the relief of Chikoko Shinagawa.

July 18, 1962

[H. R. 3912]

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

Chikoko Shinagawa.

66 Stat. 163.

8 USC 1101 note.

That, in the administration of the Immigration and Nationality Act, Chikoko Shinagawa, the fiancee of William Liese, a citizen of the United States, shall be eligible for a visa as a nonimmigrant temporary visitor for a period of three months: Provided, That the administrative authorities find that the said Chikoko Shinagawa is coming to the United States with a bona fide intention of being married to the said William Liese and that she is found otherwise admissible under the immigration laws. In the event the marriage between the above-mentioned persons does not occur within three months after the entry of the said Chikoko Sninagawa, she shall be required to depart from the United States and upon failure to do so shall be deported in accordance with the provisions of sections 242 and 243 of the Immigration and Nationality

8 USC 1252, 1253.

Act. In the event that the marriage between the above-mentioned persons shall occur within three months after the entry of the said Chikoko Shinagawa, the Attorney General is authorized and directed to record the lawful admission for permanent residence of the said Chikoko Shinagawa as of the date of the payment by her of the required visa fee.
Approved July 18, 1962.
Private Law 87–468: Fur the relief of Mias Eleanore Redi. Private Law 468 Private Law 87–468 76 Stat. 1328 1962-07-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–468
AN ACT Fur the relief of Mias Eleanore Redi.

July 18, 1962

[H. R. 8862]

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

Eleanore Redi.

66 Stat. 163.

8 USC 1101 note.

That, in the administration of the Immigration and-Nationality Act, Miss Eleanore Redi, the fiancée of Robert J. Roberts, a citizen of the United States, shall be eligible for a visa as a nonimmigrant temporary visitor for a period of three months: Provided, That the administrative authorities find that the said Miss Eleanore Redi is coming to the United States with a bona fide intention of being married to the said Robert J. Roberts and that she is found otherwise admissible under the immigration laws. In the event the marriage between the above-named 76 Stat. 1329persons does not occur within three months after the entry of the Said Miss Eleanore Redi. she shall be required to depart from the United States and upon failure to do so shall be deported in accordance with the provisions of sections 242 and 243 of the Immigration and Nationality

8 USC 1252, 1253.

Act. In the event that the marriage between the above-named persons shall occur within three months after the entry of the said Miss Eleanore Redi, the Attorney General is authorized and directed to record the lawful admission for permanent residence of the said Miss Eleanore Redi as of the date of the payment by her of the required visa fee.
Approved July 18, 1962.
Private Law 87–469: For the relief of Noreen Joyce Baden. Private Law 469 Private Law 87–469 76 Stat. 1329 1962-07-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–469
AN ACT For the relief of Noreen Joyce Baden.

July 18, 1962

[H. R. 9180]

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

Noreen J. Baden.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Noreen Joyce Baden shall be deemed to be chargeable to the quota for Great Britain.
Approved July 18, 1962.
Private Law 87–470: For the relief of Doctor Charles C. Yu. Private Law 470 Private Law 87–470 76 Stat. 1329 1962-07-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–470
AN ACT For the relief of Doctor Charles C. Yu.

July 18, 1962

[H. R. 9468]

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

Dr. Charles C. Yu.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Doctor Charles C. Yu shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon the granting

Quota deduction.

of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved July 18, 1962.
Private Law 87–471: For the relief of Claude Homann-Herimberg (nee Wagner). Private Law 471 Private Law 87–471 76 Stat. 1329 1962-07-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–471
AN ACT For the relief of Claude Homann-Herimberg (nee Wagner).

July 18, 1962

[H. R. 9588]

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

Claude Homann-Herimberg.

66 Stat. 236.

8 USC 1401 et seq.

8 USC 1484.

of title III of the Immigration and Nationality Act, section 352(a)(2) of the said Act shall be deemed to have been and to be inapplicable in the case of Claude Homann-Herimberg (nee Wagner), a naturalized citizen of the United States: Provided, That the said Claude Homann-Herimberg (nee Wagner) establishes residence in the United States prior to the expiration of thirty-six months following the date of the enactment of this Act.
Approved July 18, 1962.
Private Law 87–472: For the relief of Rosina Luisi (Sister Mary Rosina) and Maria Fatibene (Sister M. Valentina). Private Law 472 Private Law 87–472 76 Stat. 1330 1962-07-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1330 Private Law 87–472
AN ACT For the relief of Rosina Luisi (Sister Mary Rosina) and Maria Fatibene (Sister M. Valentina).

July 18, 1962

[H. R. 10960]

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

Rosina Luisi and Maria Fatibene.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Rosina Luisi (Sister Mary Rosina) and Maria Fatibene (Sister M. Valentina), shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of

Quota deduction.

this Act upon payment of the required visa fees. Upon the granting of permanent residence to such aliens as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct the required numbers from the appropriate quota or quotas for the first year that such quota or quotas are available.
Approved July 18, 1962.
Private Law 87–473: For the relief of Mrs. Leslie M. Paterson, Janet Paterson, and Mary Paterson. Private Law 473 Private Law 87–473 76 Stat. 1330 1962-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–473
AN ACT For the relief of Mrs. Leslie M. Paterson, Janet Paterson, and Mary Paterson.

July 25, 1962

[H. R. 1469]

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

Mrs. Leslie M. Paterson and others.

66 Stat. 176.

8 USC 1152.

That, for the purposes of the Immigration and Nationality Act, the clause numbered “(1)” in section 202(c) of that Act shall be inapplicable in the cases of Mrs. Leslie M. Paterson, Janet Paterson and Mary Paterson.
Approved July 25, 1962.
Private Law 87–474: For the relief of Gerda Godin. Private Law 474 Private Law 87–474 76 Stat. 1330 1962-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–474
AN ACT For the relief of Gerda Godin.

July 25, 1962

[H. R. 7369]

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

Gerda Godin.

66 Stat. 235.

8 USC 1401 et seq.

8 USC 1484.

That, for the purposes of title III of the Immigration and Nationality Act, section 352(a) (2) of the said Act shall be deemed to have been and to be inapplicable in the case of Gerda Godin, a naturalized citizen of the United States: Provided, That the said Gerda Godin establishes residence in the United States prior to the expiration of thirty-six months following the date of the enactment of this Act.
Approved July 25, 1962.
Private Law 87–475: For the relief of Felipe O. Pagdilao. Private Law 475 Private Law 87–475 76 Stat. 1330 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–475
AN ACT For the relief of Felipe O. Pagdilao.

July 27, 1962

[S. 2147]

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

Felipe O. Pagdilao.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Felipe O. Pagdilao shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment 76 Stat. 1331of this Act, upon payment of the required visa fee. Upon the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.

Quota deduction.

 Approved July 27, 1962.
Private Law 87–476: For the relief of Jaime Abejuro. Private Law 476 Private Law 87–476 76 Stat. 1331 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–476
AN ACT For the relief of Jaime Abejuro.

July 27, 1962

[H. R. 1700]

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

Jaime Abejuro.

 of the Immigration and Nationality Act, Jaime Abejuro shall

66 Stat. 163.

8 USC 1101 note.

held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment .of this Act, upon payment of the required visa fee. Upon the granting of

Quota deduction.

permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved July 27, 1962.
Private Law 87–477: For the relief of Joseph Starker. Private Law 477 Private Law 87–477 76 Stat. 1331 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–477
AN ACT For the relief of Joseph Starker.

July 27, 1962

[H. R. 3383]

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

Joseph Starker.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Joseph Starker, a regular carrier in the postal service at New York, New York, the sum of $30. The payment of such sum shall be in full settlement of all the claims of Joseph Starker against the United States for reimbursement for a judgment obtained against him on November 6, 1958, by Murray Jamison for damages as a result of an accident which occurred while the said Joseph Starker was on duty as an employee of the Post Office Department: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved July 27, 1962.
Private Law 87–478: For the relief of James L. Merrill. Private Law 478 Private Law 87–478 76 Stat. 1331 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–478
AN ACT For the relief of James L. Merrill.

July 27, 1962

[H. R. 5061]

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

James L. Merrill.

That the limitations of time upon the filing of claims for benefits under section 5 of the War Claims Act of 1948 are hereby waived in favor of James L.

62 Stat. 1242.

5O USC app. 2004.

76 Stat. 1332Merrill, of San Jose, California, and his claim for detention benefits as the surviving son of Frank S. Merrill (Foreign Claims Settlement Commission claim numbered 121775) under such section 5 is hereby authorized and directed to be acted upon under such Act if filed with the Foreign Claims Settlement Commission within six months after the date of enactment of this Act.
Approved July 27, 1962.
Private Law 87–479: For the relief of Lecil A. Sims. Private Law 479 Private Law 87–479 76 Stat. 1332 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–479
AN ACT For the relief of Lecil A. Sims.

July 27, 1962

[H. R. 6655]

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

Lecil A. Sims.

That Lecil A. Sims, of Delta, Alabama, is hereby relieved of liability to the United States in the amount of $1,561.00, the amount by which he was overpaid, through administrative error, during the period from June 22, 1958, through March 12, 1960, as an employee of the Refrigeration Unit, Post Engineers, Fort McClellan, Alabama. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for any amount for which liability is relieved by this Act.
Sec. 2. The Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Lecil A. Sims, an amount equal to the aggregate of the amounts paid by him, or withheld from sums otherwise due him, in complete or partial satisfaction of the liability to the United States specified in the first section: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved July 27, 1962.
Private Law 87–480: For the relief of Solomon Annenberg. Private Law 480 Private Law 87–480 76 Stat. 1332 1962-07-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–480
AN ACT For the relief of Solomon Annenberg.

July 27, 1962

[H. R. 9599]

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

Solomon Annenberg.

That the Administrator of Veterans’ Affairs shall pay, out of current appropriations available for the furnishing of prosthetic appliances, to Solomon Annenberg, of Naugatuck, Connecticut (Veterans’ Administration claim numbered C–21497050), the sum of $650, as reimbursement for the cost of an artificial limb procured by him after the Veterans’ Administration had erroneously refused to furnish him an artificial limb to which he was entitled: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the 76 Stat. 1333contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved July 27, 1962.
Private Law 87–481: For the relief of Chao Yao Koh. Private Law 481 Private Law 87–481 76 Stat. 1333 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–481
AN ACT For the relief of Chao Yao Koh.

August 6, 1962

[S. 1074]

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

Chao Yao Koh.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Chao Yao Koh shall a held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon the granting

Quota deduction.

of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved August 6, 1962.
Private Law 87–482: For the relief Mrs. Geohar Ogassian. Private Law 482 Private Law 87–482 76 Stat. 1333 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–482
AN ACT For the relief Mrs. Geohar Ogassian.

August 6, 1962

[S. 1889]

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

Mrs. Geohar Ogassian.

General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Mrs. Geohar Ogassian. From and after the date of the enactment of this Act, the said Mrs. Geohar Ogassian shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved August 6, 1962.
Private Law 87–483: For the relief of George Ross Hutchins. Private Law 483 Private Law 87–483 76 Stat. 1333 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–483
AN ACT For the relief of George Ross Hutchins.

August 6, 1962

[S. 2339]

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

George R. Hutchins.

66 Stat. 182.

8 USC 1182.

the provision of section 212(a) (3) of the Immigration and Nationality Act, George Ross Hutchins may be issued a visa and be admitted to the United States for permanent residence if he is otherwise admissible under the provisions of that Act: Provided, That the exemption granted herein shall apply only to a ground for exclusion of which the Department of State or the Department of Justice has knowledge prior to the enactment of this Act: Provided, further, That a suitable and proper bond or undertaking, approved by the Attorney General, be deposited as prescribed by section 213 of the said Act.

8 USC 1183.

Approved August 6, 1962.
Private Law 87–484: For the relief of John Calvin Taylor. Private Law 484 Private Law 87–484 76 Stat. 1334 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1334 Private Law 87–484
AN ACT For the relief of John Calvin Taylor.

August 6, 1962

[H. R. 2129]

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

John C. Taylor.

That the Secretary of the Navy is authorized and directed to settle and pay in accordance

60 Stat. 963.

37 USC 32 note.

with the Armed Forces Leave Act of 1946, the claim of John Calvin Taylor, of Salisbury, Maryland, for unused leave accrued incident to his service in the United States Navy from April 22, 1943, to November 17, 1945, notwithstanding the time limitation of June 30,

64 Stat. 88.

37 USC 34.

1951, for applications for such payments contained in section 5 of such Act or 1946, if an application for such settlement and payment is made by John Calvin Taylor not later than six months after the date of enactment of this Act. No part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved August 6, 1962.
Private Law 87–485: For the relief of Augustin Ramirez-Trejo. Private Law 485 Private Law 87–485 76 Stat. 1334 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–485
AN ACT For the relief of Augustin Ramirez-Trejo.

August 6, 1962

[H. R. 2187]

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

Augustin Ramirez-Trejo.

That the Attorney General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Augustin Ramirez-Trejo. From and after the date of the enactment of this Act, the said Augustin Ramirez-Trejo shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued: Provided, That nothing in this Act shall be construed to waive the provisions of

66 Stat. 242.

8 USC 1426.

section 315 of the Immigration and Nationality Act.
Approved August 6, 1962.
Private Law 87–486: For the relief of Carlos Sepulveda Abarca. Private Law 486 Private Law 87–486 76 Stat. 1334 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–486
AN ACT For the relief of Carlos Sepulveda Abarca.

August 6, 1962

[H. R. 2198]

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

Carlos S. Abarca

That the Attorney General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Carlos Sepulveda Abarca. From and after the date of the enactment of this Act, the said Carlos Sepulveda Abarca shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved August 6, 1962.
Private Law 87–487: For the relief of Mrs. Irena Ratajczak. Private Law 487 Private Law 87–487 76 Stat. 1335 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1335 Private Law 87–487
AN ACT For the relief of Mrs. Irena Ratajczak.

August 6, 1962

[H. R. 2664]

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

Irena Ratajczak.

the provision of section 212(a)(9) of the Immigration and Nationality Act, Mrs. Irena Ratajczak may be admitted to the United

8 USC 1182.

States for permanent residence it she is found to be otherwise admissible under the provisions of that Act: Provided, That this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act.
Approved August 6, 1962.
Private Law 87–488: For the relief of Lea Min Wong. Private Law 488 Private Law 87–488 76 Stat. 1335 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–488
AN ACT For the relief of Lea Min Wong.

August 6, 1962

[H. R. 3000]

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

Lea Min Wong.

of the Immigration and Nationality Act, Lea Min Wong shall

66 Stat. 163.

8 USC 1101 note.

 be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon the granting

Quota deduction.

of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved August 6, 1962.
Private Law 87–489: For the relief of Mrs. Hasmik Arzoo. Private Law 489 Private Law 87–489 76 Stat. 1335 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–489
AN ACT For the relief of Mrs. Hasmik Arzoo.

August 6, 1962

[H. R. 3501]

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

Mrs. Hasmik Arzoo.

General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Mrs. Hasmik Arzoo. From and after the date of the enactment of this Act, the said Mrs. Hasmik Arzoo shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved August 6, 1962.
Private Law 87–490: For the relief of Ivy Gwendolyn Myers. Private Law 490 Private Law 87–490 76 Stat. 1336 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1336 Private Law 87–490
AN ACT For the relief of Ivy Gwendolyn Myers.

August 6, 1962

[H. R. 3821]

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

Ivy G. Myers.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, Ivy Gwendolyn Myers shall be held and considered to be the natural-born alien minor child of Egbert Myers, a citizen of the United States.
Approved August 6, 1962.
Private Law 87–491: For the relief of Bogdan Kusulja. Private Law 491 Private Law 87–491 76 Stat. 1336 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–491
AN ACT For the relief of Bogdan Kusulja.

August 6, 1962

[H. R. 4718]

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

Bogdan Kusulja.

That the Attorney General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Bogdan Kusulja. From and after the date of the enactment of this Act, the said Bogdan Kusulja shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved August 6, 1962.
Private Law 87–492: For the relief of Frantisek Tialer. Private Law 492 Private Law 87–492 76 Stat. 1336 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–492
AN ACT For the relief of Frantisek Tialer.

August 6, 1962

[H. R. 6833]

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

Frantisek Tiller.

That Frantisek Tisler lawfully admitted for permanent residence in the United States on September 1, 1959, shall be held to be included in the class of applicants for naturalization exempted from the provisions of section

66 Stat. 240.

8 USC 1424.

313(a) of the Immigration and Nationality Act, as such class is specified in section 313(c) of the said Act.
Approved August 6, 1962.
Private Law 87–493: For the relief of Eladio Aris (also known as Eladio Aris Carvallo). Private Law 493 Private Law 87–493 76 Stat. 1336 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–493
AN ACT For the relief of Eladio Aris (also known as Eladio Aris Carvallo).

August 6, 1962

[H. R. 9186]

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

Eladio Aria.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Eladio Aris (also known as Eladio Aris Carvallo) shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the 76 Stat. 1337required visa fee: Provided, That a suitable and proper bond or undertaking, approved by the Attorney General, be deposited as prescribed by section 213 of the said Act.

8 USC 1183.

Approved August 6, 1962.
Private Law 87–494: For the relief of certain members of the United States Marine Corps who incurred losses pursuant to the cancellation of a permanent change of station movement. Private Law 494 Private Law 87–494 76 Stat. 1337 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–494
AN ACT For the relief of certain members of the United States Marine Corps who incurred losses pursuant to the cancellation of a permanent change of station movement.

August 6, 1962

[H. R. 9S22]

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

Certain members of the U.S. Marine Corps.

of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to each member, as designated by the Commandant, United States Marine Corps, of the First Light Anti-Aircraft Missile Battalion (Reinforced), United States Marine Corps, who was issued on or about July 1, 1961, a certificate in lieu of orders for a classified deployment and who actually dislocated his family the following allowances computed in accordance with law and the then applicable regulations: (1) One dislocation allowance; and (2) Travel allowance for dependents travel performed to and from the locations to which dependents actually moved pursuant to the certificate.
Sec. 2. Travel, transportation, and dislocation allowances paid pursuant to the certificates before the effective date of this Act which were free from fraud and collusion are hereby validated.
Sec. 3. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, full credit shall be given for all amounts for which liability is relieved by section 2 of this Act.
Sec. 4. Payments made pursuant to this Act may not exceed more than $25,000 m the aggregate.
Sec. 5. Payments authorized by this Act may not be made to or received by any agent or attorney on account of services rendered in connection with these claims, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved August 6, 1962.
Private Law 87–495: For the relief of Francis L. Quinn. Private Law 495 Private Law 87–495 76 Stat. 1337 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–495
AN ACT For the relief of Francis L. Quinn.

August 6, 1962

[H. R. 10525]

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

Francis L. Quinn.

of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Francis L. Quinn, of Concord, Massachusetts, the sum of $300. Such sum represents reimbursement to the said Francis L. Quinn for paying out of his own funds judgments rendered against him in the Middlesex District East Cambridge, Massachusetts Court, as the result of an accident occurring when said Francis L. Quinn was operating a Government motor vehicle in the course of his duties as an employee of the United States Post Office Department: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or 76 Stat. 1338received by any agent or attorney on account of services rendered in connection with this claim, amt the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved August 6, 1962.
Private Law 87–496: For the relief of Ernst Haeusserman. Private Law 496 Private Law 87–496 76 Stat. 1338 1962-08-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–496
AN ACT For the relief of Ernst Haeusserman.

August 6, 1962

[H. R. 11127]

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

Ernst Haeusserman.

72 Stat. A55.

That the Act of July 2, 1958 (Private Law 85–461), is hereby amended by deleting the language “no later than June 28, 1962” and substituting in lieu thereof the words “within thirty days after the termination of his position as director general of the Vienna Burgtheater.”
Approved August 6, 1962.
Private Law 87–497: For the relief of Mrs. Juliane C. Rockenfeller. Private Law 497 Private Law 87–497 76 Stat. 1338 1962-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–497
AN ACT For the relief of Mrs. Juliane C. Rockenfeller.

August 14, 1962

[S. 2807]

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

Juliane C. Rockenfeller.

That, notwithstanding the provisions of paragraph (3) of section 212(a) of the Immigration

66 Stat. 182.

8 USC 1182.

and Nationality Act, Mrs. Juliane C. Rockenfeller may be issued an immigrant visa and admitted to the United States for permanent residence if she is found to be otherwise admissible under the provisions of such Act: Provided, That a suitable and proper bond or undertaking, approved by the Attorney General, be deposited as prescribed

8 USC 1183.

by section 213 of the said Act. This Act shall apply only to grounds for exclusion under such paragraph known to the Secretary of State or the Attorney General prior to the date of the enactment of this Act.
Approved August 14, 1962.
Private Law 87–498: For the relief of Alice Amar Froemming. Private Law 498 Private Law 87–498 76 Stat. 1338 1962-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–498
AN ACT For the relief of Alice Amar Froemming.

August 14, 1962

[S. 2844]

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

Alice A. Froemming.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Alice Amar Froemming shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the

Quota deduction.

enactment of this Act, upon payment of the required visa fee. Upon the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available: Provided, That the natural father of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved August 14, 1962.
Private Law 87–499: For the relief of Ahsabet Oyunciyan. Private Law 499 Private Law 87–499 76 Stat. 1339 1962-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1339 Private Law 87–499
AN ACT For the relief of Ahsabet Oyunciyan.

August 14, 1962

[H. R. 3822]

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

Ahsabet Oyunciyan.

General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Ahsabet Oyunciyan. From and after the date of the enactment of this Act, the said Ahsabet Oyunciyan shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved August 14, 1962.
Private Law 87–500: For the relief of Hanna Ghosn. Private Law 500 Private Law 87–500 76 Stat. 1339 1962-08-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–500
AN ACT For the relief of Hanna Ghosn.

August 15, 1962

[S. 296]

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

Hanna Ghosn.

of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, Hanna Ghosn shall be held and considered to be the

8 USC 1101, 1155.

 minor natural-born alien child of Mrs. Louisa Assaff. a United States citizen: Provided, That the natural parents of Hanna Ghosn shall not by virtue of such parentage be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved August 15, 1962.
Private Law 87–501: For the relief of Assunta Bianchi. Private Law 501 Private Law 87–501 76 Stat. 1339 1962-08-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–501
AN ACT For the relief of Assunta Bianchi.

August 15, 1962

[S. 1882]

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

Assunta Bianchi.

of sections 101 (a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Assunta Bianchi, shall be held and

8 USC 1101, 1155.

considered to be the natural-born alien child of Mr. and Mrs. Bernard A. Lange, citizens of the United States: Provided, That the natural mother of Assunta Bianchi shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved August 15, 1962.
Private Law 87–502: For the relief of the Merritt-Chapman and Scott Corporation. Private Law 502 Private Law 87–502 76 Stat. 1339 1962-08-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–502
AN ACT For the relief of the Merritt-Chapman and Scott Corporation.

August 15, 1962

[S. 2572]

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

Merritt-Chapman and Scott Corp.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the Merritt-Chapman 76 Stat. 1340and Scott Corporation, of Cleveland, Ohio, the sum of $192,500. The payment of such sum shall be in full satisfaction of all claims of the said Merritt-Chapman and Scott Corporation against the United States for compensation for damages sustained by such corporation when, on August 5, 1959, a federally owned aircraft assigned to the 128th Fighter Group of the Wisconsin Air National Guard, General Mitchell Field, Milwaukee, Wisconsin, crashed into a barge owned by the said Merritt-Chapman and Scott Corporation while such barge was anchored in Milwaukee Harbor, Milwaukee, Wisconsin: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved August 15, 1962.
Private Law 87–503: For the relief of Mr. and Mrs. Alfredo Hua-Sing Ang. Private Law 503 Private Law 87–503 76 Stat. 1340 1962-08-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–503
AN ACT For the relief of Mr. and Mrs. Alfredo Hua-Sing Ang.

August 15, 1962

[S. 2614]

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

Mr. and Mrs. Alfredo Hua-Sing Ang.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Mr. and Mrs. Alfredo Hua-Sing Ang shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fees.

Quota deduction.

Upon the granting of permanent residence to such aliens as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct the required numbers from the appropriate quota or quotas for the first year that such quota or quotas are available.
Approved August 15, 1962.
Private Law 87–504: For the relief of Renato Granduc and Grazia Granduc. Private Law 504 Private Law 87–504 76 Stat. 1340 1962-08-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–504
AN ACT For the relief of Renato Granduc and Grazia Granduc.

August 15, 1962

[S. 2769]

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

Renato and Grazia Granduc.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

 Nationality Act, Renato Granduc and Grazia Granduc shall be held and considered to be the natural-born alien minor children of Captain William L. O’Neal and Mary Granduc O’Neal, citizens of the United States: Provided, That the natural parents of the said Renato Granduc and Grazia Granduc shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved August 15, 1962.
Private Law 87–505: For the relief of Doctor Kwan Ho Lee. Private Law 505 Private Law 87–505 76 Stat. 1341 1962-08-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1341 Private Law 87–505
AN ACT For the relief of Doctor Kwan Ho Lee.

August 20, 1962

[S. 1174]

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

Dr. Kwan Ho Lee.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Doctor Kwan Ho Lee shall be held and considered to have been lawfully admitted to the United States for permanent residence as of December 13, 1952.
Sec. 2. The time Doctor Kwan Ho Lee has resided and has been physically present in the United States since December 13, 1952, shall be held and considered to meet the residence and physical presence requirements of section 316 of the Immigration and Nationality Act,

8 USC 1427.

 as amended.
Approved August 20, 1962.
Private Law 87–506: For the relief of Mrs. Elizalieth Lovic. Private Law 506 Private Law 87–506 76 Stat. 1341 1962-08-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–506
AN ACT For the relief of Mrs. Elizalieth Lovic.

August 20, 1962

[S. 2455]

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

Elizabeth Lovic.

 the provisions of paragraph (4) of section 212(a) of the Immigration and Nationality Act, Mrs. Elizabeth Lovic may be issued an

66 Stat. 182.

8 USC 1182.

immigrant visa and admitted to the United States for permanent residence if she is found to be otherwise admissible under the provisions of such Act: Provided, That a suitable and proper bond or undertaking, approved by the Attorney General be deposited as prescribed by section 213 of that Act. This Act shall apply only to grounds for

8 USC 1183.

exclusion under such paragraph known to the Secretary of State or the Attorney General prior to the date of the enactment of this Act.
Approved August 20, 1962.
Private Law 87–507: For the relief of Yiannoula Vasiliou Tsambiras. Private Law 507 Private Law 87–507 76 Stat. 1341 1962-08-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–507
AN ACT For the relief of Yiannoula Vasiliou Tsambiras.

August 20, 1962

[S. 2675]

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

Yiannoula V. Tsambiras.

of sections 101(a) (27) (A) and 205 of the Immigration and nationality Act, the minor child, Yiannoula Vasiliou Tsambiras,’shall

8 USC 1101, 1155.

be held and considered to be the natural-born alien child of Jerry Simos and Helen Chamber Simos, citizens of the United States: Provided, That the natural parents of the said Yiannoula Vasiliou Tsambiras shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved August 20, 1962.
Private Law 87–508: For the relief of Suraj Din. Private Law 508 Private Law 87–508 76 Stat. 1342 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1342 Private Law 87–508
AN ACT For the relief of Suraj Din.

August 24, 1962

[H. R. 2139]

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

Suraj Din.

That, for the purposes

66 Stat. 163.

8 USC 1101 note.

 of the Immigration and Nationality Act, Suraj Din shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of

Quota deduction.

this Act, upon payment of the required visa fee. Upon the granting of permanent, residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved August 24, 1962.
Private Law 87–509: For the relief of Salvatore Mortelliti. Private Law 509 Private Law 87–509 76 Stat. 1342 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–509
AN ACT For the relief of Salvatore Mortelliti.

August 24, 1962

[H. R. 2176]

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

Salvatore MMortelliti.

66 Stat. 182.

8 USC 1182.

That, notwithstanding the provision of section 212(a)(9) of the Immigration and Nationality Act, Salvatore Mortelliti may be issued a visa and admitted to the United States for permanent residence if he is found to be otherwise admissible under the provisions of that Act: Provided, That, this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act.
Approved August 24, 1962.
Private Law 87–510: For the relief of Amrik S. Warieh. Private Law 510 Private Law 87–510 76 Stat. 1342 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–510
AN ACT For the relief of Amrik S. Warieh.

August 24, 1962

[H. R. 3127]

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

Amrik S. Warich.

That, for the purposes

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Amrik S. Warieh shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this

Quota deduction.

Act, upon payment of the required visa fee. Upon the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved August 24, 1962.
Private Law 87–511: For the relief of Helena M. Grover. Private Law 511 Private Law 87–511 76 Stat. 1343 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1343 Private Law 87–511
AN ACT For the relief of Helena M. Grover.

August 24, 1962

[H. R. 5139]

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

Helena M. Grover.

 the limitations contained in section 202(h) of the Social Security Act, as amended, or any other limitation provided by law, the application

42 USC 402.

 of Helena M. Grover for parents insurance benefits and proof of support, filed on July 9, 1959, shall be considered to have been timely filed and acted upon in accordance with other applicable provisions of the Social Security Act.
Approved August 24, 1962.
Private Law 87–512: To permit the vessel “Bar-Ho IV” to be used in the coastwise trade. Private Law 512 Private Law 87–512 76 Stat. 1343 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–512
AN ACT To permit the vessel “Bar-Ho IV” to be used in the coastwise trade.

August 24, 1962

[H. R. 6219]

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

Bar-Ho IV.

Use in coastwise trade.

49 Stat. 442.

 section 27 of the Merchant Marine Act, 1920, as amended (46 U.S.C. 883), the vessel now known as the Bar-Ho IV, United States document numbered 284309, built in 1950 at Port Clinton, Ohio, which was transferred to Canadian ownership by permission of transfer order, MA–2165, now owned by Barr and Company, Incorporated, New York, New York, shall be entitled to engage in the coastwise trade, for so long as such vessel is from the date of enactment of this Act continuously owned by a citizen of the United States.
Sec. 2. As used in this Act the term “citizen of the United States” includes corporations, partnerships, and associations, but only those which are citizens of the United States within the meaning of section 2

41 Stat. 1008.

46 USC 802.

of the Shipping Act of 1916, as amended.
Approved August 24, 1962.
Private Law 87–513: To permit the tugs John Roen. Jr., and Steve W. to be documented for use in the coastwise trade. Private Law 513 Private Law 87–513 76 Stat. 1343 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–513
AN ACT To permit the tugs John Roen. Jr., and Steve W. to be documented for use in the coastwise trade.

August 24, 1962

[H. R. 6456]

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

John Roan, Jr. and Steve W.

Use in coastwise trade.

49 Stat. 442.

 section 27 of the Merchant Marine Act of 1920, as amended (46 U.S.C. 883), the tug now known as the John Roen, Jr., documented under United States registry with official number 203853, built in 1907 in Chicago, Illinois, presently under Canadian registry by permission of transfer order numbered MA–3619, and the tug now known as the Steve W., documented under United States registry with official number 273563, built in 1957 in Toledo, Ohio, presently under Canadian registry by permission of transfer order numbered MA–3618, shall be entitled to be documented to engage in the coastwise trade, for use in connection with dredging operations, for so long as each such tug is owned by a citizen of the United States, and so long as such 76 Stat. 1344corporation is a citizen of the United States as defined in section 2 of

41 Stat. 1008.

46 USC 802.

the Shipping Act, 1916. If such vessels, while documented pursuant to this Act, transport merchandise or passengers in the coastwise trade except as an incident to dredging operations, such vessels shall be forfeited to the United States, such merchandise shall be forfeited to the United States, and the owner of such vessels shall be subject to a penalty of $200 for each such passenger transported. Any penalty or forfeiture incurred under the provisions of this Act may be remitted or mitigated by the Secretary of the Treasury in accordance with the provisions of section 5294 of the Revised Statutes (46 U.S.C. 7). For the purpose of this Act the term “citizen of the United States” includes a corporation, partnership, or association if it is a citizen of the United States within the meaning of section 2 of the Shipping Act, 1916.
Approved August 24, 1962.
Private Law 87–514: For the relief of Lewis Invisible Stitch Machine Company, Incorporated, now known as Lewis Sewing Machine Company. Private Law 514 Private Law 87–514 76 Stat. 1344 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–514
AN ACT For the relief of Lewis Invisible Stitch Machine Company, Incorporated, now known as Lewis Sewing Machine Company.

August 24, 1962

[H. R. 7549]

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

Lewis Invisible Stitch Machine Co., Inc.

That the Secretary of the Treasury is authorized and directed to pay to Lewis Invisible Stitch Machine Company, Incorporated, now known as Lewis Sewing Machine Company, the sum of $9,207.93 belonging to said corporation and held in escrow pursuant to agreements between said corporation and the War Department in March and June 1947, subject to a determination of a claim by the United States for interest, which claim has not been resolved in favor of the United States: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved August 24, 1962.
Private Law 87–515: To permit the vessel Lucky Linda to be documented for limited use in the coastwise trade. Private Law 515 Private Law 87–515 76 Stat. 1344 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–515
AN ACT To permit the vessel Lucky Linda to be documented for limited use in the coastwise trade.

August 24, 1962

[H. R. 7741]

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

Lucky Linda.

Use in coastwise trade.

That, notwithstanding section 4132 of the Revised Statutes of the United States, as amended (46 U.S.C. 11), and section 27 of the Merchant Marine Act,

49 Stat. 442.

1920, as amended (46 U.S.C. 883), the vessel Lucky Linda, built in Nova Scotia and owned by Martin Soderlund, Northport, New York, shall be admitted to American registry and documented under the laws of the United States, and shall be entitled to engage in the coastwise trade to the extent necessary to permit the carriage of passengers, whether for hire or otherwise, not to exceed twenty miles to sea from a harbor of safe refuge between Block Island, Rhode Island, and Fire Island Inlet, New York, so long as such vessel is from the date of enactment of this Act continuously owned by a citizen of the United States.
76 Stat. 1345
Sec. 2. As used in this Act the term “citizen of the United States” includes corporations, partnerships, and associations, but only those which are citizens of the United States within the meaning of section 2

41 Stat. 1008.

46 USC 802.

of the Shipping Act, 1916, as amended.
Approved August 24, 1962.
Private Law 87–516: To admit the oil screw tugs Barbara, Ivalee, Lydia, and Alice and the barges Florida, DB 8, Number 220, and Number 235 to American registry and to permit their use in the coastwise trade while they are owned by Standard Dredging Corporation, a New Jersey corporation. Private Law 516 Private Law 87–516 76 Stat. 1345 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–516
AN ACT To admit the oil screw tugs Barbara, Ivalee, Lydia, and Alice and the barges Florida, DB 8, Number 220, and Number 235 to American registry and to permit their use in the coastwise trade while they are owned by Standard Dredging Corporation, a New Jersey corporation.

August 24, 1962

[H. R. 8168]

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

Barbara, Ivalee and other vessels.

Use in coastwise trade.

49 Stat. 442.

the provisions of section 4132 of the Revised Statutes of the United States, as amended (46 U.S.C. 11), and section 27 of the Merchant Marine Act, 1920, as amended (46 U.S.C. 883), the vessels now known as (1) the oil screw tug “Barbara”, formerly documented under United States registry with official number 254901, built in 1948 at Tampa, Florida, formerly owned by Standard Dredging Corporation, a New Jersey corporation, transferred in 1957 to Standard Dredging de Venezuela, C.A., a subsidiary Venezuelan corporation, and to Venezuelan registry and flag by permission of transfer order numbered MA–3260, and to be retransferred to Standard Dredging Corporation, a New Jersey corporation, upon enactment of this Act, (2) the oil screw tug “Ivalee”, formerly documented under United States registry with official number 293505, built in 1940 at New Orleans, Louisiana, formerly owned by Standard Dredging Corporation, a New Jersey corporation, transferred to Standard Dredging de Venezuela, C.A., a subsidiary Venezuelan corporation, and to Venezuelan registry and flag by permission of transfer order numbered MA–3261, and to be retransferred to Standard Dredging Corporation, a New Jersey corporation, upon enactment of this Act, (3) the oil screw tug “Lydia”, formerly documented under United States registry with official number 240C60, built in 1941 at New Orleans, Louisiana, formerly owned by Standard Dredging Corporation, transferred to Standard Dredging de Venezuela, C.A., a Venezuelan subsidiary corporation, and to Venezuelan registry and flag by permission of transfer order numbered MA–3262, and be retransferred to Standard Dredging Corporation, a New Jersey corporation, upon enactment of this Act, (4) the oil screw tug “Alice”, built at New Orleans, Louisiana, by the Equitable Equipment Company, Incorporated, never documented under United States flag and registry, sold in 1957 to Standard Dredging de Venezuela, C.A., a Venezuelan corporation, documented under Venezuelan flag and registry, and to be transferred to Standard Dredging Corporation, a New Jersey corporation, upon enactment of this Act. (5) the barge “Number 220”, formerly documented under United States registry with official number 264953, built in 1949 at Tampa, Florida, formerly owned by Standard Dredging Corporation, a New Jersey corporation, transferred to Standard Dredging de Venezuela. C.A., a subsidiary Venezuelan corporation, and to Venezuelan registry and flag by permission of transfer order numbered MA–3263, and to be retransferred to Standard Dredging Corporation, a New Jersey corporation, upon enactment of this Act, (6) the barge “Florida , formerly documented under United States registry with official number 254043, built in 1932 at Mobile, Alabama, formerly owned by 76 Stat. 1346Standard Dredging Corporation, a New Jersey corporation, transferred to Standard Dredging de Venezuela, C.A., a subsidiary Venezuelan corporation, and to Venezuelan registry and flag by permission of transfer order numbered MA–3264, and to be retransferred to Standard Dredging Corporation, a New Jersey corporation, upon enactment of this Act, (7) the barge “DB 8”, formerly documented under United States registry with official number 265934, built in 1943 at Galveston, Texas, formerly owned by Standard Dredging Corporation, a New Jersey corporation, transferred to Standard Dredging de Venezuela, C.A., a subsidiary Venezuelan corporation and to Venezuelan registry and flag by permission of transfer order numbered MA–3265, and to be retransferred to Standard Dredging Corporation, a New Jersey corporation, upon enactment of this Act, and (8) the barge “Number 235”, formerly documented under United States registry with official number 262984, built in 1950 at Mobile, Alabama, formerly owned by Standard Dredging Corporation, a New Jersey corporation, transferred to Standard Dredging de Venezuela, C.A., a subsidiary Venezuelan corporation, and to Venezuelan registry and flag by permission of transfer order numbered MA–3266, and to be retransferred to Standard Dredging Corporation, a New Jersey corporation, upon enactment of this Act, shall be admitted to American registry and shall be entitled to engage in the coastwise trade, but only as an incident to dredging operations, and to transport passengers and merchandise, as an incident to dredging operations, between points in the United States, including districts, territories, and possessions thereof embraced within the coastwise laws, for so long as such vessels or any of them are, from the date of enactment of this Act and upon completion of the transfer or retransfer of ownership of said vessels to Standard Dredging Corporation, a New Jersey corporation, continuously owned by Standard Dredging Corporation, a New Jersey corporation, and so long as such corporation is a citizen of the United

41 Stat. 1008.

46 USC 802.

States as defined in section 2 of the Shipping Act, 1916. If any such vessel, while documented pursuant to this Act, transports merchandise or passengers in the coastwise trade except as an incident to dredging operations, such vessel shall be forfeited to the United States, such merchandise shall be forfeited to the United States, and the vessel owner shall be subject to a penalty of $200 for each such passenger transported. Any penalty or forfeiture incurred under the previsions of this Act may be remitted or mitigated by the Secretary of the Treasury in accordance with the provisions of section 5294 of the Revised Statutes (46 U.S.C. 7).
Approved August 24, 1962.
Private Law 87–517: For the relief of Elizabeth A. Johnson. Private Law 517 Private Law 87–517 76 Stat. 1346 1962-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–517
AN ACT For the relief of Elizabeth A. Johnson.

August 24, 1962

[H. R. 10308]

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

Elizabeth A. Johnson.

70 Stat. 743.

5 USC 2251 note.

That, in the administration of the Civil Service Retirement Act, Leroy Johnson shall be presumed to have elected, upon his retirement from Congress January 2, 1957, to receive a reduced annuity and an annuity equal to one-half his life annuity payable after his death to his widow, Elizabeth A. Johnson.
Sec. 2. Notwithstanding any other provision of law, benefits payable by reason of the enactment of this Act shall be paid from the civil service retirement and disability fund.
Approved August 24, 1962.
Private Law 87–518: For the relief of Constantina Caraiseou. Private Law 518 Private Law 87–518 76 Stat. 1347 1962-08-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1347 Private Law 87–518
AN ACT For the relief of Constantina Caraiseou.

August 28, 1962

[S. 2574]

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

Constantina Caraiseou.

of sections 101 (a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Constantina Caraiseou, shall be held

8 USC 1101, 1155.

and considered to be the natural-born alien child of Mr. and Mrs. George Caras, citizens of the United States: Provided, That the natural parents of the said Constantina Caraiseou shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved August 28, 1962.
Private Law 87–519: For the relief of Susan Gudera, Heinz Hugo Gudera, and Catherine Gudera. Private Law 519 Private Law 87–519 76 Stat. 1347 1962-08-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–519
AN ACT For the relief of Susan Gudera, Heinz Hugo Gudera, and Catherine Gudera.

August 28, 1962

[S. 2751]

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

Susan. Heinz, and Catherine Gudera.

66 Stat. 235.

8 USC 1401.

of paragraph (7) of section 301(a) of the Immigration and Nationality Act, Airs. Maris Callahan Gudera, a citizen of the United States, shall be held and considered to have resided in and to have been physically present in the United States, prior to the birth of her natural children, Susan Gudera, Heinz Hugo Gudera, and Catherine Gudera, for a period of five years after she had attained the age of fourteen years.
Approved August 28, 1962.
Private Law 87–520: For the relief of Stephen 8. Chang. Private Law 520 Private Law 87–520 76 Stat. 1347 1962-08-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–520
AN ACT For the relief of Stephen 8. Chang.

August 29, 1962

[S. 1849]

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

Stephen S. Chang.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Stephen S. Chang shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon the

Quota deduction.

 granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved August 29, 1962.
Private Law 87–521: For the relief of Stepanida Losowskaja. Private Law 521 Private Law 87–521 76 Stat. 1348 1962-08-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1348 Private Law 87–521
AN ACT For the relief of Stepanida Losowskaja.

August 29, 1962

[S. 2686]

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

Stepanida Losowskaja.

That, in the administration of the Immigration and Nationality Act, the provisions of

66 Stat. 239.

8 USC 1423.

section 312 of such Act shall be deemed not to be applicable in the case of Stepanida Losowskaja.
Approved August 29, 1962.
Private Law 87–522: For the relief of the heirs of Lieutenant Colonel James Murray Bate (deceased) and Major Billie Harold Lynch (deceased). Private Law 522 Private Law 87–522 76 Stat. 1348 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–522
AN ACT For the relief of the heirs of Lieutenant Colonel James Murray Bate (deceased) and Major Billie Harold Lynch (deceased).

August 31, 1962

[S. 1781]

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

Heirs of Lt. Col. James M. Bate and Maj. Billie H. Lynch.

That, in the administration of section 3 of the Act entitled “An Act to establish Civil Air Patrol as a civilian auxiliary of the United States Air Force and to authorize the Secretary of the Air Force to extend aid to Civil Air Patrol in the fulfillment of its objectives, and for other purposes”,

70 Stat. 980.

5 USC 803.

approved May 26, 1948, as amended, the deaths of Lieutenant Colonel James Murray Bate and Major Billie Harold Lynch, which occurred on April 4, 1959, as a result of the crash of a Civil Air Patrol airplane in which they were flying a reconnaissance mission over a flooded disaster area in the vicinity of Rockford, Illinois, shall be considered to have occurred while in the “performance of duty” as that term is defined in such section.
Sec. 2. Any limitations upon the time for filing claims under the

39 Stat. 742.

5 USC 751 note.

Federal Employees’ Compensation Act, as amended, shall not apply to any claims under such Act filed by the heirs of Lieutenant Colonel James Murray Bate (deceased) and Major Billie Harold Lynch (deceased), within one year after the date of the enactment of this Act, for compensation for the deaths of the said Lieutenant Colonel James Murray Bate and Major Billie Harold Lynch arising out of the circumstances described in the first section of this Act.
Approved August 31, 1962.
Private Law 87–523: For the relief of Arie Abramovich. Private Law 523 Private Law 87–523 76 Stat. 1348 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–523
AN ACT For the relief of Arie Abramovich.

August 31, 1962

[S. 2736]

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

Arie Abramovich.

That the Attorney General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrant of arrest, and bonds, which may have issued in the case of Arie Abramovich. From and after the date of the enactment of this Act, the said Arie Abramovich shall not again be subject to deportation solely by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued: Provided, That nothing in this Act shall be construed to waive the provisions of section 315

66 Stat. 242.

8 USC 1426.

of the Immigration and Nationality Act.
Approved August 31, 1962.
Private Law 87–524: For the relief of Sieu-Yoeh Tsai Yang. Private Law 524 Private Law 87–524 76 Stat. 1349 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1349 Private Law 87–524
AN ACT For the relief of Sieu-Yoeh Tsai Yang.

August 31, 1962

[S. 2835]

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

Sieu-Yoeh T. Yang.

General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Sieu-Yoeh Tsai Yang. From and after the date of the enactment of this Act, the said Sieu-Yoeh Tsai Yang shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved August 31, 1962.
Private Law 87–525: For the relief of Mai Har Tung. Private Law 525 Private Law 87–525 76 Stat. 1349 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–525
AN ACT For the relief of Mai Har Tung.

August 31, 1962

[S. 2862]

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

Mai Har Tung.

of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Mai Har Tung, shall be held and

8 USC 1101, 1155.

considered to be the natural-born alien child of Mr. and Mrs. Ernest Tung, citizens of the United States: Provided, That the natural mother of the said Mai Har Tung shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved August 31, 1962.
Private Law 87–526: For the relief of Bartola Maria S. La Madrid. Private Law 526 Private Law 87–526 76 Stat. 1349 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–526
AN ACT For the relief of Bartola Maria S. La Madrid.

August 31, 1962

[S. 3039]

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

Bartola M. S. La Madrid.

General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Bartola Maria S. La Madrid. From and after the date of the enactment of this Act, the said Bartola Maria S. La Madrid shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved August 31, 1962.
Private Law 87–527: For the relief of Sister Mary Alphonsa (Elena Bruno) and Sister Mary Attilla (Filipa Todaro). Private Law 527 Private Law 87–527 76 Stat. 1349 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–527
AN ACT For the relief of Sister Mary Alphonsa (Elena Bruno) and Sister Mary Attilla (Filipa Todaro).

August 31, 1962

[H. R. 8730]

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

Sisters Mary Alphonsa and Mary Attilla.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Sister Mary Alphonsa 76 Stat. 1350(Elena Bruno) and Sister Mary Attilia (Filipa Todaro) shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act,

Quota deductions.

 upon payment of the required visa fees. Upon the granting of permanent residence as provided in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct two numbers from the appropriate quota for the first year that such quota is available.
Approved August 31, 1962.
Private Law 87–528: For the relief of Umberto Brezza. Private Law 528 Private Law 87–528 76 Stat. 1350 1962-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–528
AN ACT For the relief of Umberto Brezza.

August 31, 1962

[H. R. 9915]

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

Umberto Brezza.

That, notwithstanding the provision of section 212(a)(9) of the Immigration and

66 Stat. 182.

8 USC 1182.

Nationality Act, Umberto Brezza may be issued a visa and admitted to the United States for permanent residence if he is found to be otherwise admissible under the provisions of that Act: Provided, That this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act.
Approved August 31, 1962.
Private Law 87–529: To amend the Act of May 13, 1960 (Private Law 86–286). Private Law 529 Private Law 87–529 76 Stat. 1350 1962-09-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–529
AN ACT To amend the Act of May 13, 1960 (Private Law 86–286).

September 5, 1962

[H. R. 7736]

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

Simeen H. Chaghaghi.

74 Stat. A23.

That Private Law 86–286, approved May 13, 1960, is hereby amended by substituting “twenty-eight years” in lieu of “twenty-five years”.
Approved September 5, 1962.
Private Law 87–530: For the relief of lav Dock Ou. Private Law 530 Private Law 87–530 76 Stat. 1350 1962-09-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–530
AN ACT For the relief of lav Dock Ou.

September 6, 1962

[H. R. 1458]

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

Lee Dock On.

That, for the purposes of section 101 (a) (27) (B) of the Immigration and Nationality

66 Stat. 169.

8 USC 1101.

Act, Lee Dock On shall be deemed to be a returning resident alien.
Sec. 2.

8 USC 1182.

 Notwithstanding the provision of section 212(a) (19) of the Immigration and Nationality Act Lee Dock On may be issued a visa and admitted to the United States for permanent residence if he is found to be otherwise admissible under the provisions of that Act: Provided, That this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act.
Approved September 6, 1962.
Private Law 87–531: For the relief of Kim Hyung In Comstock. Private Law 531 Private Law 87–531 76 Stat. 1351 1962-09-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1351 Private Law 87–531
AN ACT For the relief of Kim Hyung In Comstock.

September 6, 1962

[H. R. 7638]

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

Kim H. in Comstock.

of sections 101 (a) (27) (A) and 205 of the Immigration and Nationality Act, Kim Hyung In Comstock shall be held and considered

8 USC 1101, 1155.

to be the natural-born minor alien child of Specialist First Class Carl D. Comstock and Mrs. Comstock, citizens of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privileges, or status under the Immigration and Nationality Act.
Approved September 6, 1962.
Private Law 87–532: Relating to the admission of certain alien children. Private Law 532 Private Law 87–532 76 Stat. 1351 1962-09-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–532
JOINT RESOLUTION Relating to the admission of certain alien children.

September 7, 1962

[H. J. Res. 677]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

That, in the administration

Certain alien children.

of the Immigration and Nationality Act, the following named aliens may be classified as eligible orphans within the meaning of section 101(b) (1) (F) of the said Act, and a petition may be tiled in behalf of

75 Stat. 650.

8 USC 1101, 1155.

each alien named in this Act pursuant to section 205(b) of the Immigration and Nationality Act by the petitioner or petitioners specified in each case subject to all the conditions in that section relating to eligible orphans:

Anne Kapsalis, formerly Anna Mastoraki; Mr. and Mrs. John E. Kapsales, petitioners. Kazimiera Przyborowska; Mr. and Mrs. Anton Hartmann, petitioners. Marie Antonina (Gutowicz) Olsenwik; Mr. and Mrs. Joseph Olsenwik, petitioners. Kook Nam Whang: Mr. and Mrs. Cornie L. Van Zee, petitioners. Wlodzimierz Miska; Mr. and Mrs. Jan K. Miska, petitioners. Wanda Miska; Mr. and Mrs. Jan K. Miska, petitioners. Ja Han Hong; Mr. and Mrs. Edward A. Ruestow, petitioners. Bogumil Getns; Mr. and Mrs. Alex Getris, petitioners. Tadeusz Romuald Czyz; Mr. and Mrs. Walter Czyz, petitioners. Cynthia Ann Foutris, formerly Cynthia Ann Fili; Mr. and Mrs. James Foutris, petitioners. Gaetanina Paola Angelone; Giuseppe Marinucci, petitioner. Adele Anna Teresa Angelone; Giuseppe Marinucci, petitioner. John Andrew Nichols; Mr. and Mrs. Nick A. Nichols, petitioners. Anna Sophia Nichols; Mr. and Mrs. Nick A. Nichols, petitioners. Manuel Calvete Pereira; Mr. and Mrs. Richard Roeder, petitioners. Urszula Kosior; John Kosior, petitioner. Teresita Fernandez; Mr. and Mrs. Felecisimo C. Fernandez, petitioners. Apolonio Fernandez; Mr. and Mrs. Felecisimo C. Fernandez, petitioners. Franciszek Kopec; Mr. and Mrs. Joseph Kopec, petitioners. Wladystaw Kopec; Mr. and Mrs. Joseph Kopec, petitioners. Theresa Godino; Mr. and Mrs. Frank Godino, petitioners. Vladimir Tsvetanov Trifonov; Mr. and Mrs. Sam Triffin, petitioners.76 Stat. 1352 Teresa Mikucki; Mr. and Mrs. Jan Mikucki, petitioners. Cecylia Orszula Pulit; Mr. and Mrs. Edward C. Pulit, petitioners. Krystyna Pietrzycki; Mr. and Mrs. John Pietrzycki, petitioners. Ignacy Pietrzycki; Mr. and Mrs. Joseph Pietrzycki, petitioners. Wojciech Antoni Drogoszewski; Mr. and Mrs. Antoni Drogoszewski, petitioners. Jan Kazimierz Lewandowski; Mr. and Mrs. Chester Lewandowski, petitioners. Stanislaw Jozef Scislowski; Joseph Scislowski, petitioner. Filomena Darmi, formerly Coccia; Mr. and Mrs. Dominic Darmi, petitioners. Despina McCrain, formerly Despina Doxis; Mr. and Mrs. William J. McCrain, petitioners. Vassilire McCrain, formerly Vassilire Doxis; Mr. and Mrs. William J. McCrain, petitioners. Jean Mary Haynes; Mr. and Mrs. Robert E. Haynes, petitioners. Michalina Adela Chudziak; Mr. and Mrs. Michael Chudziak, petitioners. Joseph Mikulich; Sebastian F. Mikulich, petitioner. Hyun Poot Doi (Paul Adrian Tucek); Mr. and Mrs. Charles Stanford Tucek, petitioners. David Gabat Domligan; Mr. and Mrs. Jose Domligan, petitioners. ApoIonia Rudzinski; Mr. and Mrs. Anton Rtidzinski, petitioners. Barbara Kolodziejczyk; Mr. and Mrs. Tadeusz Kolodziejczyk, petitioners. Augustyna Trzuskot; Mr. and Mrs. Joseph Trzuskot, petitioners. Urzsula Barbara Kolodziej; Mr. and Mrs. Joseph Kolodziej, petitioners. Sung Ae Kim; Mr. and Mrs. James Mericle, petitioners. Anna Carbone Masiello; Mr. and Mrs. Nicola Masiello, petitioners. Katsutoshi Fujii; Mr. and Mrs. Carl Stephen, petitioners. Rosina Carpanzano; Mr. and Mrs. Michele Gentile, petitioners. Jan (Krysztopa) Michniewicz; Mr. and Mrs. Antoni Michniewicz, petitioners. Yoshiko (Kuba) Hudson; Mr. and Mrs. Eddie F. Hudson, petitioners. Graziella Pasquale; Mr. and Mrs. Anthony Pasquale, petitioners. Katherine Ann Pervetich; Mr. and Mrs. Anthony Pervetich, petitioners. Carmine Antonio Cambio; Mrs. Gennaro Cambio, petitioner. Evangelia Nicholas Giameos; Mr. and Mrs. Nick S. Giameos, petitioners.
Approved September 7, 1962.
Private Law 87–533: For the relief of Tai Ja Lim. Private Law 533 Private Law 87–533 76 Stat. 1352 1962-09-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–533
AN ACT For the relief of Tai Ja Lim.

September 7, 1962

[H. R. 1388]

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

Tai Ja Lim.

That, in the administration of the Immigration and Nationality Act, Tai Ja Lim may be classified as an eligible orphan within the meaning of section 101(b)

75 Stat. 650.

8 USC 1101.

(1) (F), and a petition may be filed in behalf of the said Tai Ja Lim by John Yung Rhee, a United States citizen, pursuant to section

8 USC 1105.

205(b) of the Immigration and Nationality Act subject to all the conditions in that section relating to eligible orphans.
Approved September 7, 1962.
Private Law 87–534: For the relief of Hidayet Danish Nakaslddze. Private Law 534 Private Law 87–534 76 Stat. 1353 1962-09-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1353 Private Law 87–534
AN ACT For the relief of Hidayet Danish Nakaslddze.

September 14, 1962

[S. 3071]

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

Hidayet D. Nakashidze.

66 Stat. 163.

8 USC 1101 note.

the provisions of the Immigration and Nationality Act, the periods of time Hidayet Danish Nakashidze has resided and was physically present in the United States or any State since June 17, 1957, shall be held and considered as compliance with the residence and physical presence requirements of section 316 of said Act.

8 USC 1427.

Approved September 14, 1962.
Private Law 87–535: For the relief of Georges Khoury. Private Law 535 Private Law 87–535 76 Stat. 1353 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–535
AN ACT For the relief of Georges Khoury.

September 19, 1962

[H. R. 1322]

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

Georges Khoury.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Georges Khoury shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon the granting of

Quota deduction.

permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved September 19, 1962.
Private Law 87–536: For the relief of Maria Odelia Campos. Private Law 536 Private Law 87–536 76 Stat. 1353 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–536
AN ACT For the relief of Maria Odelia Campos.

September 19, 1962

[H. R. 1450]

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

Maria O. Campos.

of sections 203(a) (3) and 205 of the Immigration and Nationality Act, the minor child Maria Odelia Campos, shall be held and

8 USC 1153, 1155.

considered to be the natural-born alien child of Zeferino Antonio and Lucy Maria Campos, lawfully resident aliens of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved September 19, 1962.
Private Law 87–537: For the relief of Judy Josephine Alcantara. Private Law 537 Private Law 87–537 76 Stat. 1353 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–537
AN ACT For the relief of Judy Josephine Alcantara.

September 19, 1962

[H. R. 1463]

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

Judy J. Alcantara.

of sections 101(a) (27) (A) and 205 of the Immigration anti Nationality Act, Judy Josephine Alcantara shall be held and consid-

8 USC 1101. 1155.

76 Stat. 1354cred to be the natural-born alien minor child of Mr. and Mrs. Camilo George Alcantara, citizens of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved September 19, 1962.
Private Law 87–538: For the relief of Jacques Tawil. Private Law 538 Private Law 87–538 76 Stat. 1354 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–538
AN ACT For the relief of Jacques Tawil.

September 19, 1962

[H. R. 1678]

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

Jacques Tawil.

That, for the purposes

66 Stat. 163.

8 USC 1101 note.

 of the Immigration and Nationality Act, Jacques Tawil shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this

Quota deduction.

Act, upon payment of the required visa fee. Upon the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved September 19, 1962.
Private Law 87–539: For the relief of Charles F. Ward, Junior, and Billy W. Crane, Senior. Private Law 539 Private Law 87–539 76 Stat. 1354 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–539
AN ACT For the relief of Charles F. Ward, Junior, and Billy W. Crane, Senior.

September 19, 1962

[H. R. 2611]

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

Charles F. Ward, Jr., and Billy W. Crane, Sr.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Charles F. Ward, Junior, of Charlton Heights, West Virginia, the sum of $1,000 and to Billy W. Crane, Senior, of Montgomery, West Virginia, the sum of $1,000. The payment of such sums shall be in full settlement of all claims of the said Charles F. Ward, Junior, and Billy W. Crane, Senior, against the United States arising out of their development during the years 1947 through 1952, and submission to the National Guard Bureau, of a mortar training device which was of aid to Federal employees in developing subcaliber mortar trainers, and materially energized the development thereof: Provided, That no part of either of the sums appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with the claim settled by the payment of such sum, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved September 19, 1962.
Private Law 87–540: For the relief of Joao de Freitas Ferreira de Vuseoucelos. Private Law 540 Private Law 87–540 76 Stat. 1355 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1355 Private Law 87–540
AN ACT For the relief of Joao de Freitas Ferreira de Vuseoucelos.

September 19, 1962

[H. R. 3125]

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

Joao de Freitas F. de Vaaconcelos.

8 USC 1101, 1155.

 of sections 101 (a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Joao de Freitas Ferreira de Vasconcelos, shall be held and considered to be the natural-born alien child of Mr. and Mrs. Manuel Vasconcelos, citizens of the United States: Provided. That the natural mother of the said Joao de Freitas Ferreira de Vasconcelos shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved September 19, 1962.
Private Law 87–541: For the relief of Gennaro Prudente. Private Law 541 Private Law 87–541 76 Stat. 1355 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–541
AN ACT For the relief of Gennaro Prudente.

September 19, 1962

[H. R. 3619]

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

Gennaro Prudente.

the provisions of section 212(a) (4) of the Immigration and Nationality Act, Gennaro Prudente may be admitted to the United

66 Stat. 182.

8 USC 1182.

States for permanent residence if he is found to be otherwise admissible under the provisions of that Act: Provided, That a suitable and proper bond or undertaking, approved by the Attorney General, be deposited as prescribed by section 213 of the said Act: And provided further,

8 USC 1183.

 That this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice has knowledge prior to the enactment of this Act.
Approved September 19, 1962.
Private Law 87–542: For the relief of Pagona Pascopoulos. Private Law 542 Private Law 87–542 76 Stat. 1355 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–542
AN ACT For the relief of Pagona Pascopoulos.

September 19, 1962

[H. R. 3719]

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

Pagona Paacopouloa.

of the Immigration and Nationality Act, Pagona Pascopoulos may be classified as an eligible orphan within the meaning of section 101(b)(1)(F), and a petition may be filed in behalf of the

75 Stat. 650.

8 USC 1101.

 said Pagona Pascopoulos by Peter Pascopoulos, a citizen of the United States, pursuant to section 205(b) of the Immigration and Nationality Act subject to all the conditions in that section relating to eligible

8 USC 1155.

orphans.
Approved September 19, 1962.
Private Law 87–543: For the relief of Fotios Sakelaropouloe Kaplan. Private Law 543 Private Law 87–543 76 Stat. 1356 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1356 Private Law 87–543
AN ACT For the relief of Fotios Sakelaropouloe Kaplan.

September 19, 1962

[H. R. 4628]

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

Fotios S. Kaplan.

8 USC 1101, 1155.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act. the minor child, Fotios Sakelaropoulos Kaplan shall be held and considered to be the natural-born alien child of Mrs. Helen Kaplan, a citizen of the United States: Provided, That the natural parents of Fotios Sakelaropoulos Kaplan shall not, by virtue of such parent age, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved September 19, 1962.
Private Law 87–544: For the relief of Hattie and Joseph Patrick, Senior, and for the legal guardian of Betty Ann Smith and the legal guardian of Stanley Smith, and for the legal guardian of James E. Harris, Junior. Private Law 544 Private Law 87–544 76 Stat. 1356 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–544
AN ACT For the relief of Hattie and Joseph Patrick, Senior, and for the legal guardian of Betty Ann Smith and the legal guardian of Stanley Smith, and for the legal guardian of James E. Harris, Junior.

September 19, 1962

[H. R. 4635]

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

Hattie and Joseph Patrick, Sr.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $7,500.00) to Hattie and Joseph Patrick, Senior, or Fort Pierce, Florida, as the mother and father of Joseph Patrick, Junior, deceased, in full and final settlement of their claims against the United States, based on the death of Joseph Patrick, Junior, instantly killed in the explosion of a United States Army nose fuse on November 9, 1946, in Avon Park,

62 Stat. 982.

28 USC 2671 et seq.

Legal guardian of Betty A. Smith.

 Florida. This claim is not cognizable under tort, claims procedure as outlined in title 28, United States Code.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money m the Treasury not otherwise appropriated, the sum of $3,129.77 to the legal guardian of Betty Ann Smith, of Avon Park, Florida, in full and final settlement of the claim of the said Betty Ann Smith, against the United States, as compensation for the permanent injuries she sustained as the result of the explosion of a United States Army nose fuse on November 9, 1946, in Avon Park, Florida. This claim is not cognizable under tort claims procedure as outlined in title 28, United States Code.
Sec. 3.

Legal guardian of Stanley Smith.

 The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $1,606.60 to the legal guardian of Stanley Smith, of Avon Park, Florida, in full and final settlement of the claim of the said Stanley Smith, against the United States, as compensation for the permanent injuries he sustained as the result of the explosion of a United States Army nose fuse on November 9, 1946, in Avon Park, Florida. This claim is not cognizable under tort claims procedure as outlined in title 28, United States Code.
Sec. 4.

Legal guardian of James E. Harris, Jr.

 The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $543.50 to the legal guardian of James E. Harris, Junior, of Brooklyn, New York, in full and final settlement of the claim of the said James E. Harris, Junior, against the United States, as compensation for tl)e medical expenses and pain and suffering he sustained as the 76 Stat. 1357result of the explosion of a United States Army nose fuse on November 9, 1946, in Avon Park, Florida. This claim is not cognizable under tort claims procedure as outlined in title 28, United States Code.
Sec. 5. No part of the amounts appropriated in this Act shall be delivered to or received by any agent or attorney on account of services rendered in connection with the claims covered by.this Act, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved September 19, 1962.
Private Law 87–545: For the relief of Mrs. Sun Yee (also known as Mrs. Tom Ooodyou) and her children, Male Har Yee, Shee Bell Yee, and Male Jean Yee. Private Law 545 Private Law 87–545 76 Stat. 1357 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–545
AN ACT For the relief of Mrs. Sun Yee (also known as Mrs. Tom Ooodyou) and her children, Male Har Yee, Shee Bell Yee, and Male Jean Yee.

September 19, 1962

[H. R. 5317]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That Mrs. Sun Yee

Mrs. Sun Yee and children.

(also known as Mrs. Tom Goodyou), the widow of a United States citizen, and her children, Male Har Yee, Shee Bell Yee, and Male Jean Yee, shall be deemed to be within the purview of section 101(a) (27)

8 USC 1101.

 (A) of the Immigration and Nationality Act, and the provisions of section 205 of that Act shall not be applicable in their cases.

8 USC 1155.
Approved September 19, 1962.
Private Law 87–546: For the relief of Lieutenant Don Walsh and Lieutenant Lawrence A. Shumaker. Private Law 546 Private Law 87–546 76 Stat. 1357 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–546
AN ACT For the relief of Lieutenant Don Walsh and Lieutenant Lawrence A. Shumaker.

September 19, 1962

[H. R. 6021]

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

Lt. Don Walsh and Lt. Lawrence A. Shumaker.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Lieutenant Don Walsh and to Lieutenant Lawrence A. Shumaker, the amount certified with respect to them by the Secretary of the Navy under section 2 of this Act: Provided That the payment of such sum shall be in full settlement of all claims of the said Lieutenant Don Walsh and Lieutenant Lawrence A. Shumaker against the United States for hazardous duty pay for the period spent by them before July 12, 1960, as members of the crew of the bathyscaph Trieste.
Sec. 2. The Secretary of the Navy shall determine and certify to the Secretary of the Treasury the amounts which would have been payable to Lieutenant Don Walsh and Lieutenant Lawrence A. Shumaker as hazardous duty pay for the periods before July 12, 1960, during which each of them served aboard the bathyscaph Trieste if such service had been performed on board a submarine.
Sec. 3. No part of either of the sums appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with the claim settled by the payment of such sum, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved September 19, 1962.
Private Law 87–547: For the relief of Maurizio Placidi. Private Law 547 Private Law 87–547 76 Stat. 1358 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1358 Private Law 87–547
AN ACT For the relief of Maurizio Placidi.

September 19, 1962

[H. R. 6653]

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

Maurizio Placidi.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, the minor child, Maurizio Placidi, shall be held and considered to be the natural-born alien child of Aurora Placidi, a citizen of the United States: Provided, That the natural mother of the said Maurizio Placidi shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved September 19, 1962.
Private Law 87–548: For the relief of Stella Rosa Pagano. Private Law 548 Private Law 87–548 76 Stat. 1358 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–548
AN ACT For the relief of Stella Rosa Pagano.

September 19, 1962

[H. R. 7437]

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

Stella R. Pagano.

That, for the purposes of sections 101 (a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, Stella Rosa Pagano shall be held and considered to be the minor natural-born alien child of Mr. and Mrs. Luigi Pagano, citizens of the United States.
Approved September 19, 1962.
Private Law 87–549: For the relief of Dario Taquechel. Private Law 549 Private Law 87–549 76 Stat. 1358 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–549
AN ACT For the relief of Dario Taquechel.

September 19, 1962

[H. R. 7582]

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

Dario Taquechel.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Dario Taquechel shall be held and considered to have been lawfully admitted to the United States for permanent residence as of September 2, 1953.
Approved September 19, 1962.
Private Law 87–550: For the relief of Lieutenant (junior grade) James B. Stewart. Private Law 550 Private Law 87–550 76 Stat. 1358 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–550
AN ACT For the relief of Lieutenant (junior grade) James B. Stewart.

September 19, 1962

[H. R. 7900]

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

Lt. (jg.) James B. Stewart.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Lieutenant (junior grade) James B. Stewart (546527/1105), United States Naval Reserve, the sum of $1,656 in full settlement of all his claims against the United States for per diem for the period from September 26, 1957, to June 29, 1958. Payment of such claim is barred, but for the provisions of this Act, because of administrative error in the preparation 76 Stat. 1359of Mr. Stewart’s orders to temporary duty during such period. No part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved September 19, 1962.
Private Law 87–551: For the relief of Nihat Ali Ucuncu. Private Law 551 Private Law 87–551 76 Stat. 1359 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–551
AN ACT For the relief of Nihat Ali Ucuncu.

September 19, 1962

[H. R. 9775]

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

Nihat Ali Ucuncu.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Nihat Ali Ucuncu shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon the granting of

Quota deduction.

 permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota, pursuant to the provisions of section 13 of the Act of September 11, 1957 (71 Stat.

8 USC 1255b.

642–643).
Approved September 19, 1962.
Private Law 87–552: For the relief of Estelle L. Heard. Private Law 552 Private Law 87–552 76 Stat. 1359 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–552
AN ACT For the relief of Estelle L. Heard.

September 19, 1962

[H. R. 9834]

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

Estelle L. Heard.

 of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $880.23 to Estelle L. Heard, of Danville, Virginia, in full settlement of her claims against the United States for compensation for damage to her 1958 Chevrolet sedan sustained in an accident which occurred on March 12, 1961, near South Boston, Virginia, when her automobile was struck and seriously damaged by a United States Army truck and trailer. This claim has been determined not to be cognizable under the tort claims provisions of title 28 of the United States Code on the ground

62 Stat. 982.

28 USC 2671 et seq.

that the Army driver was not acting within the scope of his employment at the time of the collision: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved September 19, 1962.
Private Law 87–553: To amend Private Law 86–339. Private Law 553 Private Law 87–553 76 Stat. 1360 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1360 Private Law 87–553
AN ACT To amend Private Law 86–339.

September 19, 1962

[H. R. 10242]

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

Placid J. and Gabrielle H. Pecoraro.

That the Act entitled “An Act for the relief of Placid J. Pecoraro, Gabrielle Pecoraro, and their minor child, Joseph Pecoraro”, approved June 11, 1960 (Private

74 Stat. A42.

Law 86–339), is amended by inserting immediately before the last sentence thereof the following new sentence: “In the determination of

62 Stat. 985.

 such claims, the exception of section 2680(k) of title 28, United States Code, shall not apply, and the United States shall be liable to the same extent as if the United States were a private person, and as if the acts complained of had occurred in the State of New York.”.
Sec. 2. Notwithstanding any decision or order of the United States District Court for the Western District of New York in the case of Placid J. Pecoraro & Gabrielle II. Pecoraro, Individually and as Guardian ad Litem of Joseph Pecoraro, an Infant under the age of fourteen years, Plaintiffs, against The United States of America, Defendant, Civ. 9213, suit under such Private Law 86–339, as amended by this Act, may be instituted within one year after the date of enactment of this Act.
Approved September 19, 1962.
Private Law 87–554: For the relief of George Win. Rueff, Incorporated. Private Law 554 Private Law 87–554 76 Stat. 1360 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–554
AN ACT For the relief of George Win. Rueff, Incorporated.

September 19, 1962

[H. R. 11031]

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

George Wm. Rueff, Inc.

That, notwithstanding any limitation of time contained in section 520(c)(1) of the

67 Stat. 519.

Tariff Act of 1930 (19 U.S.C. 1520(c)(1)), the Secretary of the Treasury shall reliquidate consumption entry numbered 1400, which was liquidated on July 27, 1954, on a shipment of zinc concentrate in bulk, in order to correct a clerical error made in failing to take into account the water content of such zinc concentrate resulting in George Wm. Rueff, Incorporated, paying duty in excess of that actually required by law in the amount of $3,509.06.
Approved September 19, 1962.
Private Law 87–555: For the relief of Edward J. McManus. Private Law 555 Private Law 87–555 76 Stat. 1360 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–555
AN ACT For the relief of Edward J. McManus.

September 19, 1962

[H. R. 11122]

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

Edward J. McManus.

That the Secretary of the Treasury is authorized and directed to pay out of any money in the Treasury not otherwise appropriated, to Edward J. McManus, an employee of the Federal Mediation and Conciliation Service, the sum of $229.64 in full settlement of all his claims against the United States for reimbursement of certain expenses incurred by him as a result of the performance of official emergency duties in Los Angeles and San Diego, California, in July, 1961: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to 76 Stat. 1361or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction)thereof shall be fined in any sum not exceeding $1,000.
Approved September 19, 1962.
Private Law 87–556: For the relief of Vernon J. Wiersma. Private Law 556 Private Law 87–556 76 Stat. 1361 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–556
AN ACT For the relief of Vernon J. Wiersma.

September 19, 1962

[H. R. 11863]

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

Vernon J. Wiersma.

General of the United States be, and he hereby is, authorized and directed to settle the claim of Vernon J. Wiersma, 641 Oneida Road, Chillicothe, Ohio, for reimbursement of expenses incurred and loss of salary sustained as the result of the failure of the Department of Agriculture, Forest Service, to appoint him to a position with that service in November 1959, after having authorized him to travel from Birmingham, Michigan, to Rhinelander, Wisconsin, for that purpose and to allow in full and final settlement of the claim the sum of $299.04. There is hereby appropriated the sum of $299.04 for payment of said claim.
Approved September 19, 1962.
Private Law 87–557: For the relief of Charles Gambino. Private Law 557 Private Law 87–557 76 Stat. 1361 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–557
AN ACT For the relief of Charles Gambino.

September 19, 1962

[H. R. 11914]

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

Charles Gambino.

of sections 101 (a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Charles Gambino, shall be held and considered

8 USC 1101, 1155.

 to be the natural-born alien child of Rose Curto, a citizen of the United States: Provided, That the stepmother of the said Charles Gambino shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved September 19, 1962.
Private Law 87–558: For the relief of Librande P. Caltagirone. Private Law 558 Private Law 87–558 76 Stat. 1361 1962-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–558
AN ACT For the relief of Librande P. Caltagirone.

September 19, 1962

[H. R. 12024]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That Librande P. Caltagirone

Librande P. Caltagirone.

 shall be considered to have satisfied the service requirements of section 6(d) of the Civil Service Retirement Act, as amended (70 Stat. 749, as amended; 5 U.S.C. 2256(d)), so as to qualify for an annuity computed in accordance with the other applicable provisions of that Act as a consequence of his involuntary separation on June 8, 1962, from his position as a law clerk to a United States district judge.
Approved September 19, 1962.
Private Law 87–559: For the relief of Soon Tai Lim. Private Law 559 Private Law 87–559 76 Stat. 1362 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1362 Private Law 87–559
AN ACT For the relief of Soon Tai Lim.

September 25, 1962

[H. R. 2125]

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

Soon Tai Lim.

That, in the administration of the Immigration and Nationality Act, Soon Tai Lim may he classified as an eligible orphan within the meaning of section

75 Stat. 650.

8 USC 1101.

101 (b) (1) (F) of the said Act and a petition may be filed by Shi Kyun Lim, a citizen of the United States, in behalf of the said Soon Tai Lim

8 USC 1155.

pursuant to section 205(b) of the Immigration and Nationality Act subject to all the conditions in that section relating to eligible orphans.
Approved September 25, 1962.
Private Law 87–560: For the relief of Annie Yasuko Bower. Private Law 560 Private Law 87–560 76 Stat. 1362 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–560
AN ACT For the relief of Annie Yasuko Bower.

September 25, 1962

[H. R. 9578]

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

Annie Y.Bower.
That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, the minor child, Annie Yasuko Bower shall be held and considered to be the natural-born alien child of Esther Steams Bower, citizen of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved September 25, 1962.
Private Law 87–561: For the relief of San-Man Inn of Manning, Incorporated. Private Law 561 Private Law 87–561 76 Stat. 1362 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–561
AN ACT For the relief of San-Man Inn of Manning, Incorporated.

September 25, 1962

[H. R. 9914]

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

San-Man Inn of Manning, Inc.

That the Secretary of the Interior is authorized and directed to convey to the San-Man Inn of Manning, Incorporated, under the same terms and conditions as those established by the Act of September 6, 1950 (64 Stat. 769), except

7 USC 1033.

as to the required time within which application must be made and except that the Secretary of the Interior shall perform the duties assigned to the Secretary of Agriculture by that Act, all the mineral rights of the United States in and to the following described lands in Clarendon County, South Carolina, upon payment of the sum of $200 to reimburse the United States for the administrative costs of the conveyance:

All that p. p. and t. of 1. 1. b. and s., the north comer iron being 192 minutes south of the city limits of Manning, South Carolina, containing 3.34 acres of land and described as follows:

Beginning at a point on the right-of-way of United States Highway 301 opposite a power pole and running along United States Highway 301, north 58 degrees 45 minutes east for 215.7 feet to point of curve;

76 Stat. 1363

Thence along United States Highway 301, north 59 degrees 18 minutes east for 114.3 feet to an iron stake; thence south 27 degrees 48 minutes east for 459.8 feet to a stake;

Thence south 58 degrees 45 minutes west for 302.4 feet to a stake: thence north 31 degrees 15 minutes west for 460 feet to point of beginning.

Said tract of land bounded as follows: northwest by United States Highway 301; northeast, southeast, and southwest by other lands by B. F. Hill.

For a more particular description of said land, reference may be had to a plot made by W. B. Sykes, surveyor, on November 16, 1960. and recorded in plot book 16 at page 157 in the office of the clerk of court for Clarendon County.
Approved September 25, 1962.
Private Law 87–562: For the relief of Mrs. A. R. Lendian. Private Law 562 Private Law 87–562 76 Stat. 1363 1962-09-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–562
AN ACT For the relief of Mrs. A. R. Lendian.

September 25, 1962

[H. R. 10160]

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

Mrs. A. R. Lendian.

54 Stat. 1137; 66 Stat. 280.

of section 201(g) of the Nationality Act of 1940, Mrs. A. R. Lendian shall be held and considered to have resided in the United States, prior to the birth of her daughter. Isabel Alicia Lendian, for at least five years after attaining the age of sixteen years.
Approved September 25, 1962.
Private Law 87–563: For the relief of Mrs. Heghine Tomassian. Private Law 563 Private Law 87–563 76 Stat. 1363 1962-09-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–563
AN ACT For the relief of Mrs. Heghine Tomassian.

September 27, 1962

[S. 2184]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That sections 1

Mrs. Heghine Tomassian.

8 USC 1182 note.

through 4 of the Act of July 14, 1960 (74 Stat. 504, 505), shall be applicable in the case of Mrs. Heghine Tomassian.
Approved September 27, 1962.
Private Law 87–564: For the relief of Su-Fen Chen. Private Law 564 Private Law 87–564 76 Stat. 1363 1962-09-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–564
AN ACT For the relief of Su-Fen Chen.

September 27, 1962

[S. 2208]

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

Su-Fen Chen.

General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Su-Fen Chen. From and after the date of the enactment of this Act, the said Su-Fen Chen shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved September 27, 1962.
Private Law 87–565: For the relief of Jeno Nagy. Private Law 565 Private Law 87–565 76 Stat. 1364 1962-09-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1364 Private Law 87–565
AN ACT For the relief of Jeno Nagy.

September 27, 1962

[S. 3026]

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

Jeno Nagy.

That, notwithstanding the provisions of section 212(a) (6) of the Immigration and

75 Stat. 654.

8 USC 1182.

Nationality Act, Jeno Nagy may be granted the status of permanent residence in the United States pursuant to the provisions of the Act

8 USC 1182 note.

of July 25, 1958 (72 Stat. 419–420) if he is found to be otherwise admissible under the provisions of that Act: Provided, That a suitable and proper bond or undertaking, approved by the Attorney General, be deposited as prescribed by section 213 of that Act: And provided further, That the exemption granted herein shall apply only to a ground for exclusion of which the Department of State or the Department of Justice has knowledge prior to the enactment of this Act.
Approved September 27, 1962.
Private Law 87–566: For the relief of Hratch Samuel Arukian. Private Law 566 Private Law 87–566 76 Stat. 1364 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–566
AN ACT For the relief of Hratch Samuel Arukian.

September 28, 1962

[S. 273]

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

Hratch S. Arukian.

8 USC 1182 note.

That, for the purposes of the Act of July 14, 1960 (74 Stat. 504), Hratch Samuel Arukian shall be held and considered to have been paroled into the United States on the date of the enactment of this Act, as provided for in the said Act of July 14, 1960.
Approved September 28, 1962.
Private Law 87–567: For the relief of Yuk-Kan Cheuk. Private Law 567 Private Law 87–567 76 Stat. 1364 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–567
AN ACT For the relief of Yuk-Kan Cheuk.

September 28, 1962

[S. 2760]

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

Yuk-Kan Cheuk.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Yuk-Kan Cheuk shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this

Quota deduction.

Act, upon payment of the required visa fee. Upon the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved September 28, 1962.
Private Law 87–568: For the relief of Jung Hae. Private Law 568 Private Law 87–568 76 Stat. 1364 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–568
AN ACT For the relief of Jung Hae.

September 28, 1962

[H. R. 1304]

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

Jung Hae.

That, for the pur-76 Stat. 1365poses of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Jung Hae, shall be held and considered to be the natural-born alien child of Ellen M. Dana, citizen

8 USC 1101, 1155.

of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved September 28, 1962.
Private Law 87–569: For the relief of Pietro Dattoli. Private Law 569 Private Law 87–569 76 Stat. 1365 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–569
AN ACT For the relief of Pietro Dattoli.

September 28, 1962

[H. R. 2604]

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

Pietro Dattoli.

the provision of section 212(a) (9) of the Immigration and Nationality Act, Pietro Dattoli may be issued a visa and admitted

66 Stat. 182.

8 USC 1182.

to the United States for permanent residence if he is found to be otherwise admissible under the provisions of that Act: Provided, That this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act.
Approved September 28, 1962.
Private Law 87–570: For the relief of William Thomas Dendy. Private Law 570 Private Law 87–570 76 Stat. 1365 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–570
AN ACT For the relief of William Thomas Dendy.

September 28, 1962

[H. R. 6016]

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

William T.

Dendy.

Thomas Dendy, who lost United States citizenship under the provisions of section 349(a) (3) of the Immigration and Nationality Act,

66 Stat. 267.

8 USC 1481.

may be naturalized by taking prior to one year after the effective date of this Act, before any court referred to in subsection (a) of section 310 of the Immigration and Nationality Act or before any diplomatic

8 USC 1421.

or consular officer of the United States abroad, the oaths prescribed by section 337 of the said Act. From and after naturalization under this

8 USC 1448.

Act, the said William Thomas Dendy shall have the same citizenship status as that which existed immediately prior to its loss.
Approved September 28, 1962.
Private Law 87–571: For the relief of Mrs. Takako Coughlin. Private Law 571 Private Law 87–571 76 Stat. 1365 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–571
AN ACT For the relief of Mrs. Takako Coughlin.

September 28, 1962

[H. R. 7123]

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

Mrs. Takako Coughlin.

Coughlin, the widow of a United States citizen, shall be deemed to be within the purview of section 101(a) (27) (A) of the Immigration and Nationality Act, and the provisions of section 205 of that Act

8 USC 1101, 1155.

 shall not be applicable in this case.
Approved September 28, 1962.
Private Law 87–572: To provide for the free entry of certain stained glass for’ Saint Joseph’s Cathedral, Hartford, Connecticut, and for other purposes. Private Law 572 Private Law 87–572 76 Stat. 1366 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1366 Private Law 87–572
AN ACT To provide for the free entry of certain stained glass for’ Saint Joseph’s Cathedral, Hartford, Connecticut, and for other purposes.

September 28, 1962

[H. R. 7431]

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

St. Joseph’s Cathedral, Hartford, Conn.

That the Secretary of the Treasury is hereby directed to admit free of duty any stained glass or any prefabricated panels consisting of stained glass set in reinforced concrete with fastening devices which may be imported during the thirty-month period commencing on July 1, 1960, for use in Saint Joseph’s Cathedral, Hartford, Connecticut.
Sec. 2.

Church of St. Francis Xavier, Phoenix, Ariz.

 The Secretary of the Treasury is hereby directed to admit free of duty any stained glass or any prefabricated panels consisting of stained glass set in reinforced concrete with fastening devices which may have been imported before the date of the enactment of this Act for use in the construction of a new church and auxiliary buildings for the Church of Saint Francis Xavier of Phoenix, Arizona.
Sec. 3.

Congregation B’Nai Israel, Woonsocket, R.L

 The Secretary of the Treasury is hereby directed to admit free of duty any stained glass or any prefabricated panels consisting of stained glass set in reinforced concrete with fastening devices which may have been imported before the date of the enactment of this Act, or which may be imported after the date of the enactment of this Act and prior to January 1, 1964, for use in the construction of a new synagogue and auxiliary buildings for the Congregation B’Nai Israel of Woonsocket, Rhode Island.
Sec. 4.

Court Street Methodist Church, Rockford, Ill.

 The Secretary of the Treasury is authorized and directed to admit free of duty one set of musical handbells imported for presentation to, and for use by, the Court Street Methodist Church, Rockford, Illinois.
Sec. 5. If the liquidation of the entry, or withdrawal from warehouse, for consumption, of any article subject to the provisions of this Act has become final, such entry or withdrawal may be reliquidated and the appropriate refund of duty may be made.
Approved September 28, 1962.
Private Law 87–573: For the relief of Anna Caporossi Crisconi. Private Law 573 Private Law 87–573 76 Stat. 1366 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–573
AN ACT For the relief of Anna Caporossi Crisconi.

September 28, 1962

[H. R. 7438]

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

Anna C. Crisconi.

That Anna Caporossi Crisconi, the widow of a United States citizen, shall be deemed to be within the purview of section 101 (a) (27) (A) of the Immigration and

8 USC 1101, 1155.

Nationality Act, and the provisions of section 205 of that Act shall not be applicable in this case.
Approved September 28, 1962.
Private Law 87–574: To provide for the conveyance of certain phosphate rights to the Doctor P. Phillips Foundation of Orlando, Florida. Private Law 574 Private Law 87–574 76 Stat. 1367 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1367 Private Law 87–574
AN ACT To provide for the conveyance of certain phosphate rights to the Doctor P. Phillips Foundation of Orlando, Florida.

September 28, 1962

[H. R. 9593]

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

Dr. P. Phillips Foundation.

Conveyance.

 of the Interior is authorized and directed to convey by quitclaim deed, in accordance with the provisions of section 2 of this Act, to the Doctor P. Phillips Foundation of Orlando, Florida, all phosphate rights which are held by the United States in the following described lands situated in Orange County, Florida: The west half of the northwest quarter of section 27 in township 23 south, range 28 east, of the Tallahassee meridian, Florida, containing 80.15 acres, more or less.
Sec. 2. The conveyance authorized to be made by the first section of this Act shall be conditioned upon the payment by the said Doctor P. Phillips Foundation to the Secretary of the Interior of a sum equal to $200 (to reimburse the United States for the administrative costs of the conveyance) plus the fair market value of the phosphate rights conveyed, if prospectively valuable, as determined by the Secretary of the Interior after appraisal.
Sec. 3. Proceeds from the sale made hereunder shall be covered into the Treasury of the United States as miscellaneous receipts.
Approved September 28, 1962.
Private Law 87–575: For the relief of Tadeusz Sochacki. Private Law 575 Private Law 87–575 76 Stat. 1367 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–575
AN ACT For the relief of Tadeusz Sochacki.

September 28, 1962

[H. R. 9893]

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

Tadeusz Sochacki.

 of the Immigration and Nationality Act, Tadeusz Sochacki may be classified as an eligible orphan within the meaning of section 101(b) (1) (F) of the said Act and a petition may be filed

75 Stat. 650.

8 USC 1101.

by Mr. and Mrs. Stanislaw Sochacki, citizens of the United States, in behalf of the said Tadeusz Sochacki pursuant to section 205(b) of the Immigration and Nationality Act subject to all the conditions in

8 USC 1155.

that section relating to eligible orphans.
Approved September 28, 1962.
Private Law 87–576: For the relief of Dwight W. Clarahan. Private Law 576 Private Law 87–576 76 Stat. 1367 1962-09-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–576
AN ACT For the relief of Dwight W. Clarahan.

September 28, 1962

[H. R. 9995]

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

Dwight W. Clarahan.

of the Treasury is authorized anti directed to pay, out of any money in the Treasury not otherwise appropriated, to Dwight W. Clarahan, of Sigourney, Iowa, the sum of $227.02 in full settlement of all his claims against the United States for the difference between the salary which he was paid and the salary to which he was lawfully entitled as an employee in the Sigourney, Iowa, post office, during the period from April 1, 1948, through April 1, 1950. Such underpayment was 76 Stat. 1368the result of administrative error, which was not corrected within the time allowed by statute because of the failure of the postmaster at Sigourney to comply with a memorandum directing corrective action: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved September 28, 1962.
Private Law 87–577: For relief of Anthony E. O’Sorlo. Private Law 577 Private Law 87–577 76 Stat. 1368 1962-10-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–577
AN ACT For relief of Anthony E. O’Sorlo.

October 1, 1962

[H. R. 9587]

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

Anthony E. O’Sorio.

That the limitations of time applicable to the receipt, adjudication, and payment of claims for civilian detention benefits under section 5 (a) through (e) of the

62 Stat. 1242.

50 USC app. 2004.

War Claims Act of 1948, as amended, are hereby waived in favor of Anthony E. O’Sorio, of Bronx, New York, and his claim for such benefits is authorized and directed to be acted upon by the Foreign Claims Settlement Commission if such claim is filed with the Commission within the six-month period which begins on the date of enactment of this Act.
Approved October 1, 1962.
Private Law 87–578: For the relief of the estate of Gregory J. Kessenich. Private Law 578 Private Law 87–578 76 Stat. 1368 1962-10-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–578
AN ACT For the relief of the estate of Gregory J. Kessenich.

October 2, 1962

[S. 149]

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

Gregory J. Kessenich, estate.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the estate of Gregory J. Kessenich, the sum of $100,000, in full satisfaction of all claims of such estate against the United States arising out of the invention of the bazooka rocket (patent numbered 2,579,323) by the late Gregory J. Kessenich: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 2, 1962.
Private Law 87–579: For the relief of certain additional claimants against the United States who suffered personal injuries, property damage, or other loss as a result of the explosion of a munitions truck between Smithfield and Selma, North Carolina on March 7, 1942. Private Law 579 Private Law 87–579 76 Stat. 1369 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1369 Private Law 87–579
AN ACT For the relief of certain additional claimants against the United States who suffered personal injuries, property damage, or other loss as a result of the explosion of a munitions truck between Smithfield and Selma, North Carolina on March 7, 1942.

October 3, 1962

[H. R. 5312]

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

T. E. Cooke and others.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the claimants hereinafter named, the sums hereinafter specified, in full satisfaction of their respective claims against the United States for compensation for personal injuries, and property losses or damages sustained by them as the result of an explosion which occurred when a truck in which munitions were being transported for use by the United States Army collided with a privately owned passenger automobile at the intersection of United States Highways Numbered 301 and 70, between Selma, North Carolina, and Smithfield, North Carolina, on March 7, 1942, the equitable responsibility of the United States for the payment of identical claims having been recognized by the enactment of Private Law 86–92 (Eighty-sixth Congress, H.R. 2594, August 7, 1959).

73 Stat. A40.

 (1) T. E. Cooke, Louisburg, North Carolina, for property damage, $800; (2) Bobbie Ray Lewis, Greenville, North Carolina, for personal injuries, $6,000; and (3) Roy A. Robertson, Jacksonville, Florida, for personal injuries, $10,000: Provided, That no part of the amount appropriated in this Act in excess of 25 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 3, 1962.
Private Law 87–580: For the relief of Robert Knobbe. Private Law 580 Private Law 87–580 76 Stat. 1369 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–580
AN ACT For the relief of Robert Knobbe.

October 3, 1962

[H. R. 5320]

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

Robert Knobbe.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $365 to Robert A. Knobbe of Fifty-three hundred South Christiana Avenue, Chicago, Illinois, in full settlement of his claims against the United States based upon an accident on April 9, 1960, when an Army staff car collided with his private automobile on Staten Island, New York. This claim is not cognizable under the Federal Tort Claims Act: Provided, That

60 Stat. 842.

28 USC 2671 note.

 no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 3, 1962.
Private Law 87–581: For the relief of C. W. Jones. Private Law 581 Private Law 87–581 76 Stat. 1370 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1370 Private Law 87–581
AN ACT For the relief of C. W. Jones.

October 3, 1962

[H. R. 6649]

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

C. W. Jones.

That the Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, to C. W. Jones, Bishop, California, the sum of $39,810.25. The payment of such sum shall be in full settlement of all claims of the said C. W. Jones against the United States for reimbursement of losses incurred by him on certain sales of tungsten concentrates to the General Services Administration, during 1954, 1955, and 1956, because of the action of said Administration in rejecting portions of such tungsten concentrates as being of foreign origin: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 3, 1962.
Private Law 87–582: For the relief of Anthony Pirotta. Private Law 582 Private Law 87–582 76 Stat. 1370 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–582
AN ACT For the relief of Anthony Pirotta.

October 3, 1962

[H. R. 6998]

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

Anthony Pirotta.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $381.21 to Anthony Pirotta of Two Hundred Thirty-nine McClean Avenue, Staten Island, New York, in full settlement of his claims against the United States based upon an accident on April 9, 1960, when an Army staff car collided with his private automobile on Staten Island, New York. This claim is not cognizable under the Federal Tort Claims

60 Stat. 842.

28 USC 2671 note.

Act: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 3, 1962.
Private Law 87–583: For the relief of Henry Massari. Private Law 583 Private Law 87–583 76 Stat. 1370 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–583
AN ACT For the relief of Henry Massari.

October 3, 1962

[H. R. 6999]

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

Henry Maasari.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $1,784.98 to 76 Stat. 1371Henry Massari, of One Hundred Ninety-one McClean Avenue, Staten Island, New York, in full settlement of his claims against the United States based upon an accident on April 9, 1960, when an Army staff car collided with his private automobile on Staten Island, New York. This claim is not cognizable under the Federal Tort Claims Act: Provided,

60 Stat. 842.

28 USC 2671 note.

That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be. fined in any sum not exceeding $1,000.
Approved October 3, 1962.
Private Law 87–584: For the relief of Chyung Sang Bak. Private Law 584 Private Law 87–584 76 Stat. 1371 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–584
AN ACT For the relief of Chyung Sang Bak.

October 3, 1962

[H. R. 7704]

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

Chyung Sang Bak.

 the time limitations of section 2734 of title 10 of the United States

70A Stat. 154.

Code, or the provisions of former section 324d of title 31 of the United States Code (55 Stat. 880, as amended), or of any other statute of

31 USC 224d.

limitation, the claim of Chyung Sang Bak, numbered 57–2, railroad residence numbered 92, Chorang Dong, Third Dong, Pusan, Korea, filed on or about December 5, i960, shall be held and considered to have been timely filed and the claim of the said Chyung Sang Bak for the disabling injuries he sustained on or about May 28, 1951, shall be considered and, if found meritorious, settled and paid in accordance with otherwise applicable provisions of law.
Approved October 3, 1962.
Private Law 87–585: For the relief of Wilfrid M. Cheshire. Private Law 585 Private Law 87–585 76 Stat. 1371 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–585
AN ACT For the relief of Wilfrid M. Cheshire.

October 3, 1962

[H. R. 8626]

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

Wilfrid M. Cheshire.

of the Treasury be, and is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Wilfrid M. Cheshire of 53B, Farnham Road, Guildford, Surrey, England, the sum of $10,000 in full satisfaction of all claims against the United States for injuries suffered by the said Wilfrid M. Cheshire on September 29, 1955, while he was a patient at a United States Army Evacuation Hospital at Inchon, Korea: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 3, 1962.
Private Law 87–586: For the relief of Janina Tekla Gruszkos. Private Law 586 Private Law 87–586 76 Stat. 1372 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1372 Private Law 87–586
AN ACT For the relief of Janina Tekla Gruszkos.

October 3, 1962

[H. R. 9472]

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

Janina T. Gruszkos.

That, in the administration of the Immigration and Nationality Act, Janina Tekla Gruszkos may be classified as an eligible orphan within the meaning

75 Stat. 650.

8 USC 1101.

of section 101(b) (1) (F), and a petition may be filed in behalf of the said Janina Tekla Gruszkos by Veronica Gruszkos, a citizen of the

8 USC 1155.

United States, pursuant to section 205(b) of the Immigration and Nationality Act subject to all the conditions in that section relating to eligible orphans.
Approved October 3, 1962.
Private Law 87–587: For the relief of Angelo A. Russo. Private Law 587 Private Law 87–587 76 Stat. 1372 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–587
AN ACT For the relief of Angelo A. Russo.

October 3, 1962

[H. R. 10678]

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

Angelo A. Russo.

That the Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Angelo A. Russo, of Burlington, Massachusetts, the sum of $200. Such sum represents reimbursement to the said Angelo A. Russo for paying out of his own funds judgments rendered against him in the third district court of Eastern Middlesex, Massachusetts, as a result of an accident occurring when Angelo A. Russo was operating a Government vehicle in the course of his duties as an employee of the Corps of Engineers, Department of the Army: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by tiny agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 3, 1962.
Private Law 87–588: For the relief of Rexford R. Cherryman of Williamsburg, Virginia. Private Law 588 Private Law 87–588 76 Stat. 1372 1962-10-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–588
AN ACT For the relief of Rexford R. Cherryman of Williamsburg, Virginia.

October 3, 1962

[H. R. 10720]

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

Rexford R. Cherryman.

That the Secretary of the Navy is authorized and directed to pay, out of current appropriations available for the payment of severance pay, to Rexford R. Cherryman, who was discharged from the United States Navy on June 30, 1959, an amount equal to the difference between (a) the amount of severance pay which would have been paid to him upon his discharge from the United States Navy if the computation of such severance pay had been based upon his actual commissioned service in the United States Navy, and (b) the amount of severance pay actually paid to him.
Approved October 3, 1962.
Private Law 87–589: For the relief of Mr. and Mrs. Gerald Beaver and Sergeant and Mrs. Cecil P. Fisher. Private Law 589 Private Law 87–589 76 Stat. 1373 1962-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1373 Private Law 87–589
AN ACT For the relief of Mr. and Mrs. Gerald Beaver and Sergeant and Mrs. Cecil P. Fisher.

October 5, 1962

[H. R. 7708]

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

Mr. and Mrs. Gerald Beaver.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Mr. and Mrs. Gerald Beaver, of Queen City Texas, jointly, the sum of $10,000. The payment of such sum shall be in full settlement of all claims of the said Mr. and Mrs. Gerald Beaver against the United States arising out of the accidental death of their infant child during May 1950, in the Fifteenth Evacuation Hospital in Nurnberg, Germany: Provided, That no part of the amount appropriated in this section in excess or 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Sec. 2. The Secretary of the Treasury is authorized and directed to

Sgt. and Mrs. Cecil P. Fisher.

pay, out of any money in the Treasury not otherwise appropriated, to Sergeant and Mrs. Cecil P. Fisher of Fort Bliss, Texas, jointly, the sum of $10,000. The payment of such sum shall be in full settlement of all claims of the said Sergeant and Mrs. Cecil P. Fisher against the United States arising out of the accidental death of their infant child during May 1950, in the Fifteenth Evacuation Hospital in Nurnberg, Germany: Provided, That no part of the amount appropriated in this section m excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding.
Approved October 5, 1962.
Private Law 87–590: For the relief of Lieuteuaut Commander Joseph P. Mannix. Private Law 590 Private Law 87–590 76 Stat. 1373 1962-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–590
AN ACT For the relief of Lieuteuaut Commander Joseph P. Mannix.

October 5, 1962

[H. R. 9603]

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

Lt. Comdr. Joseph P. Mannix.

the fact that Lieutenant Commander Joseph P. Mannix (1893), United States Coast Guard, retired, is indebted to the United States in the amount of $13,324, because of overpayment of retired pay in the period from February 1, 1957, to September 30, 1961, inclusive, as the result of administrative error on the part of the Government, the Secretary of the Treasury shall only require a repayment or a withholding from amounts otherwise due Lieutenant Commander Joseph P. Mannix of that amount, if any, which will not impose undue or inequitable hardships upon him. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for the full amount of liability in the amount of $13,324 resulting from the overpayment of retired pay referred to in this Act.
Approved October 5, 1962.
Private Law 87–591: To provide for the free entry of one nuclear magnetic resonance spectrometer and one mass spectrometer for the use of the University of Illinois. Private Law 591 Private Law 87–591 76 Stat. 1374 1962-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1374 Private Law 87–591
AN ACT To provide for the free entry of one nuclear magnetic resonance spectrometer and one mass spectrometer for the use of the University of Illinois.

October 5, 1962

[H. R. 12529]

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

University of Illinois.

That the Secretary of the Treasury is authorized and directed to admit free of duty one nuclear magnetic resonance spectrometer, and one mass spectrometer, for the use of the University of Illinois.
Approved October 5, 1962.
Private Law 87–592: For the relief of E. La Ree Smoot Carpenter. Private Law 592 Private Law 87–592 76 Stat. 1374 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–592
AN ACT For the relief of E. La Ree Smoot Carpenter.

October 9, 1962

[H. R. 7326]

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

E. La Ree S. Carpenter.

That the Secretary of Labor is authorized and directed (1) to consider any claim filed not later than six months after the date of enactment of this Act by E. La Ree Smoot Carpenter, of Burney, California, for compensation

63 Stat. 855.

5 USC 755.

under section 5(a) (21) of the Federal Employees’ Compensation Act for disfigurement allegedly sustained by her on or about November 13, 1943, while she was employed as a junior clerk-stenographer, post engineers, Army Air Base, Madras, Oregon; and (2) to award to the said E. La Ree Smoot Carpenter any compensation to which she would have been entitled had she elected to make application for such compensation within the time provided therefor in section 303(d)(1) of

5 USC 755 note.

the Federal Employees’ Compensation Act Amendments of 1949.
Approved October 9, 1962.
Private Law 87–593: Relating to the effective date of the qualification of the joint pension plan for employees of Local Unions 645, 1507, and 1511, Brotherhood of Painters, Decorators, and Paperhangers of America as a qualified trust under section 401 (a) of the Internal Revenue Code of 1954. Private Law 593 Private Law 87–593 76 Stat. 1374 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–593
AN ACT Relating to the effective date of the qualification of the joint pension plan for employees of Local Unions 645, 1507, and 1511, Brotherhood of Painters, Decorators, and Paperhangers of America as a qualified trust under section 401 (a) of the Internal Revenue Code of 1954.

October 9, 1962

[H. R. 7876]

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

Brotherhood of Painters. Decorators. and Paperhangers of America.

That the joint pension plan for employees of Local Unions 645, 1507, and 1511, Brotherhood of Painters, Decorators, and Paperhangers of America which was established by a collective bargaining agreement effective September 1, 1956, and which has been held by the

26 USC 401, 501.

Internal Revenue Service to constitute a qualified trust, under section 401(a) of the Internal Revenue Code of 1954, and to be exempt from taxation under section 501(a) of said Code, for years ending on or after August 31, 1960, shall be held and considered to have been a qualified trust under said section 401(a), and to have been exempt from taxation under said section 501(a), for the period beginning on September 1, 1956, and ending on April 11, 1961, but only if it is shown to the satisfaction of the Secretary of the Treasury or his delegate that the trust has not in this period been operated in a manner which would jeopardize the interest of its beneficiaries.
Approved October 9, 1962.
Private Law 87–594: To provide tax relief to the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America local 863 pension fund and the contributors thereto. Private Law 594 Private Law 87–594 76 Stat. 1375 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1375 Private Law 87–594
AN ACT To provide tax relief to the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America local 863 pension fund and the contributors thereto.

October 9, 1962

[H. R. 8205]

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

International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America Local 863.

 Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America Local Union 863 pension fund, created January 10, 1955, and retroactively effective to September 1, 1954, as a result of an agreement between the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America Local 863 and the A. & P. Contract Carriers Association, shall be deemed to have met the requirements of section 401(a) of the Internal Revenue Code of 1954

26 USC 401, 501.

and shall be deemed to have been and to be exempt from tax under section 501(a) of the Internal Revenue Code of 1954 for the period beginning September 1, 1954, and ending December 31, 1956, but only if it is shown to the satisfaction of the Secretary of the Treasury or his delegate that the trust has not in this period been operated in a manner which would jeopardize the interest of its beneficiaries.
Approved October 9, 1962.
Private Law 87–595: Relating to the effective date of the qualification of Bricklayers Local 45 (Buffalo, New York) pension fund as a qualified trust under section 401(a) of the Internal Revenue Code of 1954. Private Law 595 Private Law 87–595 76 Stat. 1375 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–595
AN ACT Relating to the effective date of the qualification of Bricklayers Local 45 (Buffalo, New York) pension fund as a qualified trust under section 401(a) of the Internal Revenue Code of 1954.

October 9, 1962

[H. R. 11059]

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

Bricklayers Local 45.

Local 45 (Buffalo, New York) pension fund, which was established by a collective bargaining agreement effective June 1, 1958, and which has been held by the Internal Revenue Service to constitute a qualified trust under section 401 (a) of the Internal Revenue Code of 1954, and to be exempt from taxation under section 501(a) of such Code, for

68A Stat. 134, 163.

26 USC 401, 501.

years ending on or after November 29, 1960, shall be held and considered to have been a qualified trust under such section 401(a), and to have been exempt from taxation under such section 501(a), for the period beginning on June 1, 1958, and ending on November 29, 1960, but only if it is shown to the satisfaction of the Secretary of the Treasury or his delegate that the trust has not in this period been operated in a manner which would jeopardize the interests of its beneficiaries.
Approved October 9, 1962.
Private Law 87–596: To authorize the Secretary of the Interior to convey certain lands in the State of Maryland to the Holy Cross Lutheran Church, Greenbelt, Maryland, and for other purposes. Private Law 596 Private Law 87–596 76 Stat. 1375 1962-10-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–596
AN ACT To authorize the Secretary of the Interior to convey certain lands in the State of Maryland to the Holy Cross Lutheran Church, Greenbelt, Maryland, and for other purposes.

October 9, 1962

[H. R. 11551]

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

That the Secretary

Holy Cross Lutheran Church, Greenbelt, Md.

of the Interior may convey to the Holy Cross Lutheran Church, 76 Stat. 1376Greenbelt, Maryland, upon payment of fair market value, all right, title, and interest of the United States of America in and to a parcel of land situated in Prince Georges County, Maryland, described as follows:

Beginning at the intersection of the proposed easements for I he recently reconstructed Branchville-Greenbelt Road and the Capital Beltway now under construction; thence in an easterly direct ion along the proposed easement for the Branchville-Greenbelt Road, approximately as shown on construction plans P722–46–320 of the Maryland State Roads Commission and filed among the land records of region 6 of the National Park Service (map file numbered NCP123–315–1 through 27), to its intersection with fourth line of a 30-foot right-of-way extending from the Branchville-Greenbelt Road to the property now or formerly owned by Elinor M. Jones, as described in a deed executed for the United States by John Taylor Egan, Commissioner of Public Housing Administration, dated February 8, 1949, and recorded among the land records of Prince Georges County, Maryland, in liber 1102, folio 76;

thence with the above-mentioned fourth line south 4 degrees 17 minutes west to the end thereof; thence with the fifth line south 22 degrees 09 minutes west 152.38 feet to the end thereof at a point in the eighth line of the above-mentioned Jones property; thence with the remainder of the eighth line reversed north 76 degrees 49 minutes 50 seconds west 978.86 feet; thence with the seventh, sixth, fifth, and fourth lines of the Jones property reversed south 53 degrees 24 minutes 20 seconds east 158.82 feet, south 68 degrees 07 minutes 20 seconds east 85.25 feet, south 76 degrees 06 minutes 20 seconds east 131.70 feet, south 8 degrees 55 minutes 20 seconds east 269.31 feet, thence south 36 degrees 12 minutes 00 seconds west with a portion of the third line of the Jones property reversed to its intersection with the proposed easement for the westbound ramp from the Baltimore-Washington Parkway to Capital Beltway;

thence in a westerly direction with the proposed easement, curving in a northwesterly direction where the ramp merges with the Capital Beltway and continuing in a northwesterly direction, approximately as shown on construction plans P722–13–320 of the Maryland State Roads Commission and filed among the land records of region 6 of the National Park Service (map file numbered NCP123–385–1 and 2), to the place of beginning; containing approximately 12 acres of land more or less, as shown on a plat compiled by region 6 of the National Park Service, United fates Department of the Interior, from construction plans for the Baltimore-Washington Parkway, the Branchville-Greenbelt Road, and the Capital Beltway, and bearing map file numbered NCP123–431. The exact boundaries of the area shall be prescribed by the Secretary of the Interior after final determination has been made of proposed easements for highway construction to the Maryland State Roads Commission.
Approved October 9, 1962.
Private Law 87–597: For the relief of Dinko Dorcic. Private Law 597 Private Law 87–597 76 Stat. 1377 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1377 Private Law 87–597
AN ACT For the relief of Dinko Dorcic.

October 10, 1962

[S. 136]

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

Dinko Dorcic.

of the Immigration and Nationality Act, Dinko Dorcic shall

66 Stat. 163.

8 USC 1101 note.

be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon the granting

Quota deduction.

of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved October 10, 1962.
Private Law 87–598: For the relief of Robert J. Scanlan. Private Law 598 Private Law 87–598 76 Stat. 1377 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–598
AN ACT For the relief of Robert J. Scanlan.

October 10, 1962

[S. 453]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That Robert J. Scanlan,

Robert J. Scanlan.

of Colorado Springs, Colorado, is hereby relieved of all liability for repayment to the United States of the sum of $2, 199.60, representing unauthorized payments of per diem which he received as a Sergeant First Class, United States Army, for the period from December 1, 1953, to October 31, 1954, while he was serving on active duty at Tsuchiura, Honshu, Japan, such payments having been made as a result of administrative error.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Robert J. Scanlan, the sum of any amounts received or withheld from him on account of the payments referred to in the first section of this Act.
Approved October 10, 1962.
Private Law 87–599: For the relief of Karl Heinz Agar. Private Law 599 Private Law 87–599 76 Stat. 1377 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–599
AN ACT For the relief of Karl Heinz Agar.

October 10, 1962

[S. 689]

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

Karl H. Agar.

 of the Immigration and Nationality Act, Karl Heinz Agar shall be deemed to be within the purview of section 323 of that Act.

66 Stat. 246.

8 USC 1434.
Approved October 10, 1962.
Private Law 87–600: For the relief of Anna Marie Erdelyi. Private Law 600 Private Law 87–600 76 Stat. 1378 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1378 Private Law 87–600
AN ACT For the relief of Anna Marie Erdelyi.

October 10, 1962

[S. 1999]

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

Anna M. Erdelyi.

66 Stat. 163.

8 USC 1101 note.

That, in the administration of the Immigration and Nationality Act, Anna Marie Erdelyi, the fiancee of Sergeant Clinton G. Dubey, a citizen of the United States, shall be eligible for a visa as a nonimmigrant temporary visitor for a period of three months: Provided, That the administrative authorities find that the said Anna Marie Erdelyi is coming to the United States with a bona fide intention of being married to the said Sergeant Clinton G. Dubey and that she is found otherwise admissible under the immigration laws, except that the

8 USC 1182.

provisions of sections 212(a)(9) and 212(a) (12) of the Immigration and Nationality Act shall not be applicable to the said Anna Marie Erdelyi: Provided further, That these exemptions shall apply only to grounds for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act. In the event the marriage between the above-named persons does not occur within three months after the entry of the said Anna Marie Erdelyi, she shall be required to depart from the United States and upon failure to do so shall be deported in accordance with

8 USC 1252, 1253.

the provisions of sections 242 and 243 of the Immigration and Nationality Act. In the event that the marriage between the above-named persons shall occur within three months after the entry of the said Anna Marie Erdelyi, the Attorney General is authorized and directed to record the lawful admission for permanent residence of the said Anna Marie Erdelyi as of the date of the payment by her of the required visa fee.
Approved October 10, 1962.
Private Law 87–601: For the relief of Sebastians Santoro. Private Law 601 Private Law 87–601 76 Stat. 1378 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–601
AN ACT For the relief of Sebastians Santoro.

October 10, 1962

[S. 2667]

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

Sebastians Santoro.

That, in the administration of the Immigration and Nationality Act, Sebastiana Santoro shall be held and considered to be a child of Giovanni Santoro, a

66 Stat. 171.

8 USC 1101.

citizen of the United States, as defined in section 101(b)(1)(A) of that Act.
Approved October 10, 1962.
Private Law 87–602: For the relief of Arild Ericksen Sandli. Private Law 602 Private Law 87–602 76 Stat. 1378 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–602
AN ACT For the relief of Arild Ericksen Sandli.

October 10, 1962

[S. 2777]

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

Arild E. Sandli.

66 Stat. 182.

8 USC 1182.

That notwithstanding the provisions of paragraph (9) of section 212(a) of the Immigration and Nationality Act, Arild Ericksen Sandli may be issued an immigrant visa and admitted to the United States for permanent 76 Stat. 1379residence if he is found to be otherwise admissible under the provisions of such Act: Provided, That this Act shall apply only to grounds for exclusion under such paragraph known to the Secretary of State or the Attorney General prior to the date of the enactment of this Act.
Approved October 10, 1962.
Private Law 87–603: For the relief of Carmelo Rafala. Private Law 603 Private Law 87–603 76 Stat. 1379 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–603
AN ACT For the relief of Carmelo Rafala.

October 10, 1962

[S. 2836]

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

Carmelo Rafala.

the provisions of sections 212(a) (9) and (10) of the Immigration and Nationality Act, Carmelo Rafala may be issued a visa and be

66 Stat. 182.

8 USC 1182.

admitted to the United States for permanent residence if otherwise admissible under the provisions of that Act: Provided, That the exemptions granted herein shall apply only to grounds for exclusion of which the Department of State and the Department of Justice have knowledge prior to the enactment of this Act.
Approved October 10, 1962.
Private Law 87–604: For the relief of Sumiko Takahashi. Private Law 604 Private Law 87–604 76 Stat. 1379 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–604
AN ACT For the relief of Sumiko Takahashi.

October 10, 1962

[S. 2902]

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

Sumiko Takahashi.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Sumiko Takahashi, the fiancée of Specialist Sixth Class James R. Mitchell, a citizen of the United States, shall be eligible for a visa as a nonimmigrant temporary visitor for a period of three months: Provided, That the administrative authorities find that the said Sumiko Takahashi is coming to the United States with a bona fide intention of being married to the said Specialist Sixth Class James R. Mitchell and that she is found otherwise admissible under the immigration laws. In the event the marriage between the above-named persons does not occur within three months after the entry of the said Sumiko Takahashi, she shall be required to depart from the United States and upon failure to do so shall be deported in accordance with the provisions of sections 242 and 243 of the Immigration and Nationality Act. In the event that

8 USC 1252, 1253.

the marriage between the above-named persons shall occur within three months after the entry of the said Sumiko Takahashi, the Attorney General is authorized and directed to record the lawful admission for permanent residence of the said Sumiko Takahashi as of the date of the payment by her of the required visa fee.
Approved October 10, 1962.
Private Law 87–605: For the relief of Raymond Chester Hendon. Private Law 605 Private Law 87–605 76 Stat. 1380 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1380 Private Law 87–605
AN ACT For the relief of Raymond Chester Hendon.

October 10, 1962

[S. 2922]

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

Raymond C. Hendon.

That the Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Raymond Chester Hendon, YN1, United States Navy, of Smyrna, Tennessee, the sum of $516.86, in full satisfaction of all his claims against the United States for reimbursement for the cost of shipping his household effects from Arlington, Virginia, to Smyrna, Tennessee, on May 8, 1961, incident to his anticipated release from active duty and transfer to the Fleet Reserve in the near future: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 10, 1962.
Private Law 87–606: For the relief of Anna Sciamanna Misticoni. Private Law 606 Private Law 87–606 76 Stat. 1380 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–606
AN ACT For the relief of Anna Sciamanna Misticoni.

October 10, 1962

[S. 3275]

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

Anna S. Mistieoni.

That, in the administration of the Immigration and Nationality Act, Anna Sciamanna Misticoni may be classified as an eligible orphan within the meaning

75 Stat. 650.

8 USC 1101.

 of section 101(b) (1) (F) of the said Act and a petition may be filed by Mr. and Mrs. Anthony Misticoni, citizens of the United States, in behalf of the said Anna Sciamanna Misticoni pursuant to section

8 USC 1155.

 205(b) of the Immigration and Nationality Act subject to all the conditions in that section relating to eligible orphans.
Approved October 10, 1962.
Private Law 87–607: For the relief of Mathew Lengyel (also known as Brother Paul, S.V.D.). Private Law 607 Private Law 87–607 76 Stat. 1380 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–607
AN ACT For the relief of Mathew Lengyel (also known as Brother Paul, S.V.D.).

October 10, 1962

[S. 3295]

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

Mathew Lengyel.

That, for the purposes of the Immigration and Nationality Act, Mathew Lengyel (also

66 Stat. 163.

8 USC 1101 note.

known as Brother Paul, S.V.D.) shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the

Quota deduction.

required visa fee. Upon the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved October 10, 1962.
Private Law 87–608: For the relief of Lazaro Loyola Arinque, Junior. Private Law 608 Private Law 87–608 76 Stat. 1381 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1381 Private Law 87–608
AN ACT For the relief of Lazaro Loyola Arinque, Junior.

October 10, 1962

[S. 3336]

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

Lazaro L. Arinque, Jr.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Lazaro Loyola Arinque, Junior, shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon the granting of permanent residence to such alien as provided

Quota deduction.

for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved October 10, 1962.
Private Law 87–609: For the relief of Leopoldo Rocha Canas and Teofilo Caoile Servito. Private Law 609 Private Law 87–609 76 Stat. 1381 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–609
AN ACT For the relief of Leopoldo Rocha Canas and Teofilo Caoile Servito.

October 10, 1962

[H. R. 10316]

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

Leopoldo R. Canai and Teofilo C. Servito.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Leopoldo Rocha Canas and Teofilo Caoile Servito shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fees. Upon the granting of permanent residence to such aliens as provided for in this Act, the Secretary of State shall instruct the

Quota deductions.

proper quota-control officer to deduct two numbers from the appropriate quota for the first year that such quota is available.
Approved October 10, 1962.
Private Law 87–610: For the relief of Major Singh Sunga. Private Law 610 Private Law 87–610 76 Stat. 1381 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–610
AN ACT For the relief of Major Singh Sunga.

October 10, 1962

[H. R. 10881]

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

Maj. Singh Sunga.

of sections 101 (a) (27) (A) and 205 of the Immigration and Nationality Act, Major Singh Sunga shall be held and considered to

8 USC 1101, 1155.

 be the natural-born alien minor child of Ragga Singh Sunga, a citizen of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved October 10, 1962.
Private Law 87–611: For the relief of Benjamin Leach, Diogracias Leaeh, Rogelio Leach, and Maximo Leach. Private Law 611 Private Law 87–611 76 Stat. 1382 1962-10-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1382 Private Law 87–611
AN ACT For the relief of Benjamin Leach, Diogracias Leaeh, Rogelio Leach, and Maximo Leach.

October 10, 1962

[H. R. 12887]

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

Benjamin Leach and others.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, Benjamin Leach, Diogracias Leach, Rogelio leach, and Maximo Leach shall be held and considered to be the natural-born minor alien children of Grady R. Leach, a citizen of the United States: Provided, That the natural parents of the beneficiaries shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved October 10, 1962.
Private Law 87–612: For the relief of Mona Mclsaac Downey. Private Law 612 Private Law 87–612 76 Stat. 1382 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–612
AN ACT For the relief of Mona Mclsaac Downey.

October 11, 1962

[S. 2690]

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

Mona McIsaac Downey.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Mona Mclsaac Downey shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act: Provided, That if the said Mona Mclsaac Downey is not entitled to medical care under the Dependents’ Medical Care Act

72 Stat. 1569, 1445.

10 USC 1071 et seq.

8 USC 1183.

(70 Stat. 250), a suitable and proper bond or undertaking, approved by the Attorney General, be deposited as prescribed by section 213 of the Immigration and Nationality Act.
Approved October 11, 1962.
Private Law 87–613: For the relief of Tasia Demetropoulou (Dimitropoulos). Private Law 613 Private Law 87–613 76 Stat. 1382 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–613
AN ACT For the relief of Tasia Demetropoulou (Dimitropoulos).

October 11, 1962

[S. 2711]

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

Tasia Demetropoulou.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, Tasia Demetropoulou (Dimitropoulos) shall be held and considered to be the natural-born alien minor child of Mr. and Mrs. James Demos, citizens of the United States: Provided, That the natural parents of the said Tasia Demetropoulou (Dimitropoulos) shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved October 11, 1962.
Private Law 87–614: For the relief of Rosa Fumarola Bailee. Private Law 614 Private Law 87–614 76 Stat. 1383 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1383 Private Law 87–614
AN ACT For the relief of Rosa Fumarola Bailee.

October 11, 1962

[S. 2908]

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

Rosa F. Balice.

of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Rosa Fumarola Balice, shall be held

8 USC 1101, 1155.

and considered to be the natural-born alien child of Otto Balice and Elizabeth Balice, citizens of the United States: Provided, That the natural parents of the said Rosa Fumarola Balice shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved October 11, 1962.
Private Law 87–615: For the relief of Michelangelo Comito (Natl). Private Law 615 Private Law 87–615 76 Stat. 1383 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–615
AN ACT For the relief of Michelangelo Comito (Natl).

October 11, 1962

[S. 2992]

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

Michelangelo Comito.

of sections 101 (a) (27) (A) and 205 of the Immigration and Nationality Act, the minor child, Michelangelo Comito (Nati), shall

8 USC 1101, 1155.

be held and considered to be the natural-born alien child of Mr. and Mrs. Joseph Nati, citizens of the United States: Provided, That the natural parents of the said Michelangelo Comito (Nati) shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved October 11, 1962.
Private Law 87–616: For the relief of Mrs. Lee Ma Chin-Ying. Private Law 616 Private Law 87–616 76 Stat. 1383 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–616
AN ACT For the relief of Mrs. Lee Ma Chin-Ying.

October 11, 1962

[S. 3240]

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

Mrs. Lee Ma Chin-Ying.

General is authorized and directed to cancel any outstanding orders and warrants of deportation, warrants of arrest, and bond, which may have issued in the case of Mrs. Lee Ma Chin-Ying. From and after the date of the enactment of this Act, the said Mrs. Lee Ma Chin-Ying shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or any such warrants and orders have issued.
Approved October 11, 1962.
Private Law 87–617: For the relief of Yet Gee Moy (Tsze Woo Lai) and Mee Sen Moy (Sau Ming Lai). Private Law 617 Private Law 87–617 76 Stat. 1383 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–617
AN ACT For the relief of Yet Gee Moy (Tsze Woo Lai) and Mee Sen Moy (Sau Ming Lai).

October 11, 1962

[S. 3279]

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

Yet Gee and Mee Sen Moy.

of the Immigration and Nationality Act, Yet Gee Moy (Tsze 76 Stat. 1384Woo Lai) and Mee Sen Moy (Sau Ming Lai) may be classified as

75 Stat. 650.

8 USC 1101.

eligible orphans within the meaning of section 101(b) (1) (F) of the said Act and a petition may be filed by Mr. and Mrs. Suey Lung Moy, citizens of the United States, in behalf of the said Yet Gee Moy (Tsze Woo Lai) and Mee Sen Moy (Sau Ming Lai) pursuant to section

8 USC 1155.

205(b) of the Immigration and Nationality Act subject to all the conditions in that section relating to eligible orphans.
Approved October 11, 1962.
Private Law 87–618: For the relief of Doctor Hassan M. Nouri. Private Law 618 Private Law 87–618 76 Stat. 1384 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–618
AN ACT For the relief of Doctor Hassan M. Nouri.

October 11, 1962

[S. 3452]

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

Dr. Hassan M. Nouri.

66 Stat. 163.

8 USC 1101 note.

That, for the purposes of the Immigration and Nationality Act, Doctor Hassan M. Nouri shall be held and considered to have been lawfully admitted to the United States for permanent residence on July 3, 1957.
Approved October 11, 1962.
Private Law 87–619: For the relief of Chao Hua-Hsin. Private Law 619 Private Law 87–619 76 Stat. 1384 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–619
AN ACT For the relief of Chao Hua-Hsin.

October 11, 1962

[S. 3600]

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

Chao Hua-Hsin.

That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and

8 USC 1101, 1155.

Nationality Act, the minor child, Chao Hua-Hsin, shall be held and considered to be the natural-born alien child of Arthur E. Link, a citizen of the United States: Provided, That the natural parents of the said Chao Hua-Hsin shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved October 11, 1962.
Private Law 87–620: For the relief of Calogera Virone Messina. Private Law 620 Private Law 87–620 76 Stat. 1384 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–620
AN ACT For the relief of Calogera Virone Messina.

October 11, 1962

[H. R. 1362]

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

Calogera V. Messina.

That, in the administration of the Immigration and Nationality Act, Calogera Virone Messina may be classified as an eligible orphan within the meaning of

75 Stat. 650.

8 USC 1101.

 section 101(b)(1) (F)

8 USC 1155.

 of the said Act and a petition may be filed by Mr. and Mrs. Antonio Messina, citizens of the United States, in behalf of the said Calogera Virone Messina, pursuant to section 205(b) of the Immigration and Nationality Act subject to all the conditions in that section relating to eligible orphans.
Approved October 11, 1962.
Private Law 87–621: For the relief of Priscillo Jose Sisson and Evelyn Sisson. Private Law 621 Private Law 87–621 76 Stat. 1385 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1385 Private Law 87–621
AN ACT For the relief of Priscillo Jose Sisson and Evelyn Sisson.

October 11, 1962

[H. R. 1483]

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

Priscillo J. and Evelyn Sisson.

8 USC 1101, 1155.

of sections 101 (a) (27) (A) and 205 of the Immigration and Nationality Act, Priscillo Jose Sisson and Evelyn Sisson shall be held and considered to be the minor natural-born alien children of Nathan Sisson, a citizen of the United States: Provided, That the natural parents of the beneficiaries shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved October 11, 1962.
Private Law 87–622: For the relief of C. Edwin Alley. Private Law 622 Private Law 87–622 76 Stat. 1385 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–622
AN ACT For the relief of C. Edwin Alley.

October 11, 1962

[H. R. 2836]

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

C. Edwin Alley.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to C. Edwin Alley, of Fairfax, Virginia, $1,000 in full settlement of all his claims against the United States and against any employee of the Government whose act or omission gave rise to the claim, by reason of an incident on March 26, 1960, in the Old Post Office Building in Washington, District of Columbia. Suit may not be instituted on such claims under the tort claims procedure as provided in title 28, United States Code.

62 Stat. 982.

28 USC 2671 et seq.

No part of the amount appropriated in this Act shall be subject to any claim, by way of subrogation or otherwise, for reimbursement of workmen’s compensation benefits paid on account of the incident referred to in this Act, and no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty or a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 11, 1962.
Private Law 87–623: For the relief of Forrest L. Gibson. Private Law 623 Private Law 87–623 76 Stat. 1385 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–623
AN ACT For the relief of Forrest L. Gibson.

October 11, 1962

[H. R. 5695]

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

Forrest L. Gibson.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Forrest L. Gibson, Tacoma, Washington, the sum certified to the Secretary of the Treasury by the Secretary of the Army as the amount to which the said Forrest L. Gibson would be entitled for reimbursement of expenses incurred by him in moving his dependents and household goods from 76 Stat. 1386Sierra Ordnance Depot, California, to Camp Cooke, California, in June of 1951, if such move had involved a permanent change in administrative ordnance station. The payment of such sum shall be in full settlement of all claims of the said Forrest L. Gibson against the United States for reimbursement of such expenses: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to, or received by, any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 11, 1962.
Private Law 87–624: For the relief of Major William R. Cook. Private Law 624 Private Law 87–624 76 Stat. 1386 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–624
AN ACT For the relief of Major William R. Cook.

October 11, 1962

[H. R. 6987]

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

Maj. William R. Cook.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Major William R. Cook, AO862571, United States Air Force, the sum of $842.76 in full settlement of his claim against the United States for travel performed by Major Cook and members of his family from Travis Air Force Base, California, Offutt Air Force Base, Nebraska, during May and June 1960. His claim for such expenses was denied because his permanent change of station orders were amended to show his permanent station as Sunnyvale, California, while he was on leave prior to the time his travel to the new permanent station was required.
Approved October 11, 1962.
Private Law 87–625: For the relief of John W. Schleiger. Private Law 625 Private Law 87–625 76 Stat. 1386 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–625
AN ACT For the relief of John W. Schleiger.

October 11, 1962

[H. R. 7617]

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

John W. Schleiger.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to John W. Schleiger, of Tucson, Arizona, the sum of $1,917.05. Such sum represents the amount of settlement for which the said John W. Schleiger was required to pay for the loss of money from registered mail. Said John W. Schleiger, a letter carrier in the United States post office at Tucson, Arizona, apparently lost the register or the register was stolen from him while making collection of mail on a scheduled collection tour: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 11, 1962.
Private Law 87–626: For the relief of Charles L. Kays. Private Law 626 Private Law 87–626 76 Stat. 1387 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1387 Private Law 87–626
AN ACT For the relief of Charles L. Kays.

October 11, 1962

[H. R. 9469]

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

Charles L. Kaye.

Kays, of Pittsburgh, Pennsylvania, is hereby relieved of all liability for repayment to the United States of the sum of $473.64 representing money paid him incident to his service in the United States Army and Air Force and received by him in good faith.
Approved October 11, 1962.
Private Law 87–627: For the relief of Lieutenant Colonel Edward Hirsch. Private Law 627 Private Law 87–627 76 Stat. 1387 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–627
AN ACT For the relief of Lieutenant Colonel Edward Hirsch.

October 11, 1962

[H. R. 9590]

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

Lt. Col. Edward Hirsch

 Colonel Edward Hirsch (Army Service Number 080870) is hereby relieved of all liability to repay to the United States the sum of $3,716.83. which sum has been held by the Department of the Army to have been paid to him in excess of sums otherwise due as basic and longevity pay, for the period from August 4, 1947, through February 12, 1960, by reason of his having been credited erroneously in the computation of basic and longevity pay with service as a member of the Enlisted Reserve Corps from July 11, 1938, to February 12, 1942. In the audit and settlement of the accounts of all certifying and disbursing officers of the United States, full credit shall be given for all amounts for which liability is relieved by this Act.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Lieutenant Colonel Edward Hirsch, the sum of any amount received or withheld from him on account of the overpayment referred to in the first section of this Act: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 11, 1962.
Private Law 87–628: To authorize the Secretary of the Interior to convey certain lands adjacent to the Suitland Parkway in Prince Georges County, Maryland, to Suitland Lodge Numbered 185H, Loyal Order of Moose. Private Law 628 Private Law 87–628 76 Stat. 1387 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–628
AN ACT To authorize the Secretary of the Interior to convey certain lands adjacent to the Suitland Parkway in Prince Georges County, Maryland, to Suitland Lodge Numbered 185H, Loyal Order of Moose.

October 11, 1962

[H. R. 11543]

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

Loyal Order of Moose, Prince Georges County, Md.

of the Interior, upon payment to him of fair market value therefor, is authorized to convey to Suitland Lodge Numbered 1856, Loyal Order of Moose, all right, title, and interest of the United States of 76 Stat. 1388America in and to the portion of Government-owned land known as tract J–469, Suitland Parkway, Prince Georges County, Maryland, more fully described in section 2 hereof, in order to provide access between James Street and the lodge home across a tract of land that has been and is being used by said lodge under temporary permit from the Department of the Interior.
Sec. 2.

The property referred to in section 1 hereof is comprised of all that piece or parcel of land located in Spaulding Election District, Prince Georges County, Maryland, more particularly described as follows:

Beginning at a pipe set in the northeast corner of a tract of land numbered J–469 and being a part of the lands owned by the United States known as Suitland Parkway;

Thence through tract numbered J–469 following three consecutive courses and distances: South 32 degrees 05 minutes 30 seconds west 29.72 feet to a point, thence south 60 degrees 14 minutes 46 seconds west 20.00 feet to a point, thence south 82 degrees 33 minutes 10 seconds west 37.00 feet to a point;

Thence by lands formerly owned by Walter Callahan north 60 degrees 14 minutes 46 seconds east 31.62 feet to a spike in the north face of a twelve-inch oak;

Thence north 82 degrees 33 minutes 10 seconds east 5.10 feet to a point;

Thence north 00 degrees 46 minutes 50 seconds west 2.21 feet to a pipe, at the west line of James Street;

Thence crossing James Street north 60 degrees 14 minutes 46 seconds east 43.03 feet to the less; being the same parcel of land shown on the map dated December 31, 1943 (file numbered M—47–2.5 (revised)), attached to the access permit granted by the district engineer, United States Corps of Engineers, to Major John M. Gulick on July 10, 1947.
Approved October 11, 1962.
Private Law 87–629: For the relief of Henry E. Keiser. Private Law 629 Private Law 87–629 76 Stat. 1388 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–629
AN ACT For the relief of Henry E. Keiser.

October 11, 1962

[H. R. 11552]

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

Henry E. Keiser.

39 Stat. 746.

5 USC 765–770.

That sections 15 through 20, inclusive, of the Federal Employees’ Compensation Act are hereby waived in favor of Henry E. Keiser of Seattle, Washington, and his claim for compensation and disability benefits arising out or injuries alleged to have been received by him on or about October 24, 1945, in an automobile accident, while in the performance of his duties as an employee of the Department of the Navy, shall be acted upon under the remaining provisions of such Act if he files such claim with the Bureau of Employees’ Compensation, Department of Labor, within the six-month period which begins on the date of enactment of this Act: Provided, That no benefits shall accrue by reason of the enactment of this Act for any period prior to its enactment, except in the case of such medical or hospitalization expenditures as may be deemed reimbursable.
Approved October 11, 1962.
Private Law 87–630: For the relief of Joseph Wolf, Junior. Private Law 630 Private Law 87–630 76 Stat. 1389 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1389 Private Law 87–630
AN ACT For the relief of Joseph Wolf, Junior.

October 11, 1962

[H. R. 12093]

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

Joseph Wolf, Jr.

 Junior, Lancaster, Pennsylvania, an employee in the postal field service, is hereby relieved of all liability to refund to the United States the sum of $424.75. Such sum represents the amount of certain overpayments of compensation made to said Joseph Wolf, Junior, through administrative error in the determination of his longevity benefits as a postal field service employee. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States full credit shall be given tor the amount for which liability is relieved by this Act.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Joseph Wolf, Junior, Lancaster, Pennsylvania, the sum certified to the Secretary of the Treasury by the Postmaster General as the sum of amounts paid to the United States by the said Joseph Wolf, Junior, or withheld from amounts otherwise due him from the United States, by reason of the liability referred to in the first section of this Act: Provided, That no part of the amount appropriated in this section shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 11, 1962.
Private Law 87–631: For the relief of Leslie O. Cox and other employees of the Federal Aviation Agency. Private Law 631 Private Law 87–631 76 Stat. 1389 1962-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–631
AN ACT For the relief of Leslie O. Cox and other employees of the Federal Aviation Agency.

October 11, 1962

[H. R. 12539]

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

Leslie O. Cox and others.

of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the persons enumerated below, the sums specified, in full settlement of all claims against the Government of the United States as reimbursement for loss of personal property while on official business with the FAA: FAA pilot Leslie O. Cox, $147.95, and William Gresham, FAA electronics specialist, $191.65, for destruction of personal clothing as a result of the crash and evacuation of the crew of FAA RB–57 Jet N–96 due to an explosion aboard the aircraft on June 7, 1960, in the vicinity of Patuxent Naval Air Station; Gerald A. Parker, $112, for destruction of personal clothing as a result of the crash and evacuation of the crew of FAA T–33 No. 153 due to engine trouble in the vicinity of Rock Springs, Wyoming, on December 2, 1960; George E. Buck, Henry E. Sprague, Jack W. Hanline, and Walter P. Herill, in the amounts of $121.03, $305.27, $194.39, and $117.48, respectively, for loss, through theft, of personally owned hand tools required for official business and stored in Government quarters at Fairfax Municipal Airport, Kansas City, Kansas: Provided, That no part of the amounts 76 Stat. 1390appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with these claims, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty or a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 11, 1962.
Private Law 87–632: For the relief of Marie Margaret Arvanetes. Private Law 632 Private Law 87–632 76 Stat. 1390 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–632
AN ACT For the relief of Marie Margaret Arvanetes.

October 15, 1962

[S. 1263]

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

Marie M. Arvanetes.

That, in the administration of the Immigration and Nationality Act, Marie Margaret Arvanetes may be classified as an eligible orphan within the meaning

75 Stat. 650.

8 USC 1101.

of section 101(b) (1) (F) of the said Act and a petition may be filed by Mr. and Mrs. Richard Paul Mohr, citizens of the United States, in behalf of the said Marie Margaret Arvanetes pursuant to section

8 USC 1155.

205(b) of the Immigration and Nationality Act subject to all the conditions in that section relating to eligible orphans.
Approved October 15, 1962.
Private Law 87–633: For the relief of Robert D. Barbee. Private Law 633 Private Law 87–633 76 Stat. 1390 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–633
AN ACT For the relief of Robert D. Barbee.

October 15, 1962

[S. 2687]

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

Robert DBarbee.

That the Secretary of the Treasury is authorized and directed to pay. out of any money in the Treasury not otherwise appropriated, to Robert D. Bar-bee of Yosemite National Park, California, the sum of $4,000, in full satisfaction of all claims of the said Robert D. Barbee against the United States for compensation for personal property damages sustained by him and his family as the result of a fire on September 5, 1961, which destroyed the Government-owned quarters at Maraine Park, Colorado, which he and his family were occupying while he was employed as a seasonal ranger at Rocky Mountain National Park, Colorado, such fire having been caused by an improperly constructed fireplace in such quarters: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 15, 1962.
Private Law 87–634: For the relief of Duk Man Lee and Soon Mal Lee. Private Law 634 Private Law 87–634 76 Stat. 1391 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1391 Private Law 87–634
AN ACT For the relief of Duk Man Lee and Soon Mal Lee.

October 15, 1962

[S. 2753]

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

Duk Man and Soon Mat Lee.

of the Immigration and Nationality Act, Duk Man Lee and Soon Mai Lee may be

75 Stat. 650.

8 USC 1101.

 classified as eligible orphans within the meaning of section 101(b)(1)(F) of the said Act and petitions may be filed by Mrs. Kut Pok Chung, a citizen of the United States, in behalf of the said Duk Man Lee and Soon Mai Lee pursuant to section 205(b)

8 USC 1155.

of the Immigration and Nationality Act subject to all the conditions in that section relating to eligible orphans.
Approved October 15, 1962.
Private Law 87–635: For the relief of Seymour K. Owens. Private Law 635 Private Law 87–635 76 Stat. 1391 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–635
AN ACT For the relief of Seymour K. Owens.

October 15, 1962

[S. 2928]

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

Seymour K. Owens.

72 Stat. 1445.

10 USC 1071–1085.

 of chapter 55 of title 10, United States Code, relating to medical and dental care for members and certain former members of the uniformed services and their dependents, Seymour K. Owens, of Miami, Florida, the son of the late Commander Seymour D. Owens, United States Navy, shall be held and considered to be the dependent of a former member of the uniformed services within the meaning of that term as defined in paragraph (2) (E) (ii) of section 1072 of title 10, United States Code, notwithstanding that the said Seymour K. Owens, who lost one leg below the knee prior to attaining the age of twenty-one years and who is suffering from a severe case of diabetes which was incurred prior to attaining twenty-one years, may be capable of partial self-support.
Approved October 15, 1962.
Private Law 87–636: For the relief of Dwijendra Kumar Misra. Private Law 636 Private Law 87–636 76 Stat. 1391 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–636
AN ACT For the relief of Dwijendra Kumar Misra.

October 15, 1962

[S. 2950]

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

Dwijendra K. Misra.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, Dwijendra Kumar Misra shall be held and considered to have been lawfully admitted to the United States for permanent residence as of July 1, 1954.
Approved October 15, 1962.
Private Law 87–637: Relating to the tax-exempt status of the pension plan of Local Union Numbered 435 of the International Hod Carriers’ Building and Common Laborers’ Union of America. Private Law 637 Private Law 87–637 76 Stat. 1392 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1392 Private Law 87–637
AN ACT Relating to the tax-exempt status of the pension plan of Local Union Numbered 435 of the International Hod Carriers’ Building and Common Laborers’ Union of America.

October 15, 1962

[S. 2953]

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

International Hod Carriers’ Building and Common Laborers’ Union of America.

Pension plan, tax-exempt status.

That the pension plan of Local Union Numbered 435 of the International Hod Carriers’ Building and Common Laborers’ Union of America, which was negotiated to take effect May 1, 1960, pursuant to an agreement between such union and the Building Trades Employers Association of Rochester, New York, Incorporated, and which has been held by the Internal Revenue Service to constitute a qualified trust under section

26 USC 401, 501.

401(a) of the Internal Revenue Code of 1954, and to be exempt from taxation under section 501(a) of such Code, shall be held and considered to have been a qualified trust under such section 401(a), and to have been exempt from taxation under such section 501(a), for the period beginning May 1, 1960, and ending April 20, 1961, but only if it is shown to the satisfaction of the Secretary of the Treasury or his delegate that the trust has not in this period been operated in a manner which would jeopardize the interests of its beneficiaries.
Approved October 15, 1962.
Private Law 87–638: For the relief of Paul Huygelen and Luba A. Huygelen. Private Law 638 Private Law 87–638 76 Stat. 1392 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–638
AN ACT For the relief of Paul Huygelen and Luba A. Huygelen.

October 15, 1962

[S. 3085]

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

Paul and Luba A. Huygelen.

That Paul Huygelen and Luba A. Huygelen may be naturalized upon compliance with all the requirements of title III of the Immigration and Nationality

66 Stat. 235.

8 USC 1401 et seq.

 Act, except that no period of residence or physical presence within the United States or any State shall be required in addition to their residence and physical presence within the United States since July 7, 1955, and February 6, 1952, respectively.
Approved October 15, 1962.
Private Law 87–639: For the relief of Michael (Mike) Bessler. Private Law 639 Private Law 87–639 76 Stat. 1392 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–639
AN ACT For the relief of Michael (Mike) Bessler.

October 15, 1962

[S. 3177]

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

Michael Bessler.

That, in the administration of the Immigration and Nationality Act, the provisions

66 Stat. 175.

8 USC 1151.

of the proviso to section 201(a) shall not be applicable in the case of Michael (Mike) Bessler, a native of Malaya: Provided, That the natural mother of Michael (Mike) Bessler shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved October 15, 1962.
Private Law 87–640: For the relief of Despina Anastos (Psyhopeda). Private Law 640 Private Law 87–640 76 Stat. 1393 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1393 Private Law 87–640
AN ACT For the relief of Despina Anastos (Psyhopeda).

October 15, 1962

[S. 3265]

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

Despina Anastos.

of the Immigration and Nationality Act, Despina Anastos (Psyhopeda) may be classified as an eligible orphan within the meaning of section 101(b)(1)(F) of the said Act and a petition may be

75 Stat. 650.

8 USC 1101.

filed by Mr. and Mrs. John B. Anastos, citizens of the United States, in behalf of the said Despina Anastos (Psyhopeda) pursuant to section 205(b) of the Immigration and Nationality Act subject to all the

8 USC 1155.

 conditions in that section relating to eligible orphans.
Approved October 15, 1962.
Private Law 87–641: For the relief of Gunter Heinz Hillebrand. Private Law 641 Private Law 87–641 76 Stat. 1393 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–641
AN ACT For the relief of Gunter Heinz Hillebrand.

October 15, 1962

[S. 3267]

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

Gunter H. Hille brand.

66 Stat. 163.

8 USC 1101 note.

of the Immigration and Nationality Act, the periods of time Gunter Heinz Hillebrand has resided in the United States since his admission as a lawful permanent resident on March 5, 1956, shall be held and considered to meet the residence and physical presence requirements of section 316 of the said Act, and the petition for

8 USC 1427.

naturalization may be filed with any court having naturalization jurisdiction.
Approved October 15, 1962.
Private Law 87–642: For the relief of Naife Kahl. Private Law 642 Private Law 87–642 76 Stat. 1393 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–642
AN ACT For the relief of Naife Kahl.

October 15, 1962

[S. 3390]

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

Naife Kahl.

of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, Naife Kahl shall be held and considered to be the

8 USC 1101, 1155.

natural-born alien child of Mr. and Mrs. Zaki Joseph Kahl, citizens of the United States: Provided, That the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved October 15, 1962.
Private Law 87–643: For the relief of Betty Sandra Fagann. Private Law 643 Private Law 87–643 76 Stat. 1394 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1394 Private Law 87–643
AN ACT For the relief of Betty Sandra Fagann.

October 15, 1962

[S. 3557]

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

Betty S. Fagann.

That, in the administration of the Immigration and Nationality Act, Betty Sandra Fagann may be classified as an eligible orphan within the meaning of

75 Stat. 650.

8 USC 1101.

section 101(b)(1) (F) of the said Act and a petition may be filed by Antoinette Blanche Fagann, a citizen

8 USC 1155.

of the United States, in behalf of the said Betty Sandra Fagann pursuant to section 205(b) of the Immigration and Nationality Act subject to all the conditions in that section relating to eligible orphans.
Approved October 15, 1962.
Private Law 87–644: For the relief of Michael Anthony Dedetsinas. Private Law 644 Private Law 87–644 76 Stat. 1394 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–644
AN ACT For the relief of Michael Anthony Dedetsinas.

October 15, 1962

[H. R. 1598]

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

Michael A. Dedetsinas.

 of the Immigration and Nationality Act, Michael Anthony Dedetsinas may be classified as an eligible orphan within the meaning

75 Stat. 650.

8 USC 1101.

of section 101 (d)(1)(F)

8 USC 1155.

of the said Act and a petition may be filed by Mr. and Mis. Steven Papapanu, citizens of the United States in behalf of the said Michael Anthony Dedetsinas pursuant to section 205(b) of the Immigration and Nationality Act subject to all the conditions in that section relating to eligible orphans.
Approved October 15, 1962.
Private Law 87–645: For the relief of Elaine Veronica Brathwaite and Jessie Banier. Private Law 645 Private Law 87–645 76 Stat. 1394 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–645
AN ACT For the relief of Elaine Veronica Brathwaite and Jessie Banier.

October 15, 1962

[H. R. 1691]

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

Elaine V. Brathwaite.

That, for the purposes of sections 101(a) (27) (A) and 205 of the

8 USC 1101, 1155.

 Immigration and Nationality Act, Elaine Veronica Brathwaite shall be held and considered to be the alien minor child of Alfred Reginald Clarke, a citizen of the United States.
Sec. 2.

Jessie Barner.

 For the purposes of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, Jessie Barner shall be held and considered to be the alien minor child of Mr. Albert Barner, a citizen of the United States.
Sec. 3.

8 USC 1101 note.

 The natural mothers of the said Elaine Veronica Brathwaite and Jessie Barner shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved October 15, 1962.
Private Law 87–646: For the relief of Rosa and Rita Quattrocchi. Private Law 646 Private Law 87–646 76 Stat. 1395 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1395 Private Law 87–646
AN ACT For the relief of Rosa and Rita Quattrocchi.

October 15, 1962

[H. R. 2978]

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

Rosa and Rita Quattrocchi.

 of the Immigration and Nationality Act, Rosa and Rita Quattrocchi may be classified as eligible orphans within the meaning

75 Stat. 650.

8 USC 1101.

 of section 101(b)(1) (F) of the said Act and petitions may be filed by Mr. and Mrs. Samuel Canfora, citizens of the United States, in behalf of the said Rosa and Rita Quattrocchi, pursuant to section 205

8 USC 1155.

(b) of the Immigration and Nationality Act subject to all the conditions in that section relating to eligible orphans.
Approved October 15, 1962.
Private Law 87–647: For the relief of Simon Karasick. Private Law 647 Private Law 87–647 76 Stat. 1395 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–647
AN ACT For the relief of Simon Karasick.

October 15, 1962

[H. R. 4483]

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

Simon Karasiek.

of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $230.10 to Simon Karasick of Jamaica, New York, in full settlement of all claims against the United States. Such sum represents payments deducted from his salary while working for the Brooklyn Conservatory of Music for the period 1946 to 1952 inclusive. The Brooklyn Conservatory of Music being a nonprofit educational organization was not covered by the Social Security Act during this period: Provided,

49 Stat. 620.

42 USC 1305.

That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating 1 he provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 15, 1962.
Private Law 87–648: For the relief of Cleo A. Dekat. Private Law 648 Private Law 87–648 76 Stat. 1395 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–648
AN ACT For the relief of Cleo A. Dekat.

October 15, 1962

[H. R. 6386]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That Cleo A. Dekat,

Cleo A. Dekat.

of Wamego, Kansas, is hereby relieved of liability to the United States in the amount of $1,378.58, the amount by which he was overpaid as an employee of the Post Office Department during the period from December 3, 1955, through February 17, 1961, as a result of administrative error. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for any amount for which liability is relieved by this Act.
Sec. 2. The Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Cleo A. Dekat, an amount equal to the aggregate 76 Stat. 1396of the amounts paid by him, or withheld from sums otherwise due him, in complete or partial satisfaction of the liability to the United States specified in the first section: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 15, 1962.
Private Law 87–649: For the relief of Jose Fuentes. Private Law 649 Private Law 87–649 76 Stat. 1396 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–649
AN ACT For the relief of Jose Fuentes.

October 15, 1962

[H. R. 8662]

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

Jose Fuentes.

That Jose Fuentes of Santurce, Puerto Rico, be relieved of all liability to the United States for the return of salary and other payments made to him covering the period November 3, 1955, through March 3, 1961, said liability having been incurred as a result of an administrative error in the determination of his eligibility for appointment to a civilian position with the Housing and Home Finance Agency. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for any amount for which liability is relieved by this Act.
Approved October 15, 1962.
Private Law 87–650: For the relief of Marie Silva Arruda. Private Law 650 Private Law 87–650 76 Stat. 1396 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–650
AN ACT For the relief of Marie Silva Arruda.

October 15, 1962

[H. R. 8855]

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

Marie S. Arruda.

That, in the administration of the Immigration and Nationality Act, Marie Silva Arruda may be classified as an eligible orphan within the meaning of section

75 Stat. 650.

8 USC 1101.

 101(b)(1) (F) of the said Act and petitions may be filed by Mr. and Mrs. Antone Rocha, citizens of the United States, in behalf of the said

8 USC 1155.

 Marie Silva Arruda pursuant to section 205(b) of the Immigration and Nationality Act subject to all the conditions m that section relating to eligible orphans.
Approved October 15, 1962.
Private Law 87–651: For the relief of Loretta Shea, deceased, in full settlement of the claims of that estate. Private Law 651 Private Law 87–651 76 Stat. 1396 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–651
AN ACT For the relief of Loretta Shea, deceased, in full settlement of the claims of that estate.

October 15, 1962

[H. R. 9894]

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

Loretta Shea, estate.

That the Secretary of the Treasury is authorized and directed to pay out of any money in the Treasury, not otherwise appropriated, the sum of $569.89 to 76 Stat. 1397the estate of Loretta Shea, deceased, in full settlement of the claims of that estate against the United States for the balance of pay, subsistence, and transportation allowances due Loretta Shea by reason of the death of Leo Shea, radioman second class, United States Naval Reserve, Service Number 191–84–13, who is presumed to have died in action February 8, 1944: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall.be fined in any sum not exceeding $1,000.
Approved October 15, 1962.
Private Law 87–652: For the relief of Earl T. Briley. Private Law 652 Private Law 87–652 76 Stat. 1397 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–652
AN ACT For the relief of Earl T. Briley.

October 15, 1962

[H. R. 10415]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That Earl T. Briley

Earl T. Briley.

of Shelbyville, Indiana, is relieved of liability to pay to the United States the sum of $331.17, representing the aggregate amount of salary overpayments received by him from the United States Post Office Department during the period beginning June 29, 1957, and ending January 6, 1961, which overpayments were made as a result of administrative error in granting a longevity promotion on the basis of his former position as postal clerk rather than on the basis of his position as foreman. Tn the audit and settlement of the accounts of any certifying or disbursing officer of the United States, full credit shall be given for the amount for which liability is relieved by this Act.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Earl T. Briley, the sum of any payments received or withheld from him on account of the overpayment referred to in the first section of this Act: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act’ shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 15, 1962.
Private Law 87–653: For the relief of Joan Rosa Orr. Private Law 653 Private Law 87–653 76 Stat. 1397 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–653
AN ACT For the relief of Joan Rosa Orr.

October 15, 1962

[H. R. 10605]

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

Joan R. Orr.

66 Stat. 182.

8 USC 1182.

the provisions of section 212(a)(3) of the Immigration and Nationality Act, Joan Rosa Orr may be issued a visa and admitted to the United States for permanent residence if she is found to be otherwise admissible under the provisions of such Act: Provided, That a suitable and proper bond or undertaking, approved by the Attorney 76 Stat. 1398

8 USC 1183.

General, be deposited as prescribed by section 213 of the Immigration and Nationality Act: Provided further, That this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act.
Approved October 15, 1962.
Private Law 87–654: For the relief of Joseph Hammond. Private Law 654 Private Law 87–654 76 Stat. 1398 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–654
AN ACT For the relief of Joseph Hammond.

October 15, 1962

[H. R. 10897]

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

Joseph Hammond.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in (he Treasury not otherwise appropriated, to Joseph Hammond, of Whittier, California, the sum of $2,502.50 in full settlement of all his claims against the United States for the payment of prisoner-of-war

62 Stat. 1240.

50 USC app. 2001 note.

benefits under the War Claims Act of 1948, as amended, by reason of his detention as a prisoner of war by the North Koreans and Chinese Communists in Korea for the period of December 3, 1950, to August 31, 1953, following his capture while fighting in Korea as a member of the United States Army: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 15, 1962.
Private Law 87–655: For the relief of Carl Adams. Private Law 655 Private Law 87–655 76 Stat. 1398 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–655
AN ACT For the relief of Carl Adams.

October 15, 1962

[H. R. 11058]

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

Carl Adams.

That Carl Adams, of Mexico, Missouri, is hereby relieved of liability to the United States in the amount of $550.34, the amount by which he was overpaid as a regular clerk in the postal service during the periods from October 1, 1953, to August 23, 1957, inclusive, and from October 4, 1958, to April 15, 1960, inclusive. Such overpayments were made as a result of an administrative error on the part of the Post Office Department in determining the longevity increases to which he was entitled. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for any amount for which liability is relieved by this Act.
Sec. 2. The Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Carl Adams, of Mexico, Missouri, an amount equal to the aggregate of the amounts paid by him, or withheld from sums otherwise due him, in complete or partial satisfaction of the liability to the United States specified in the first section: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered 76 Stat. 1399in connection with this claim, and the same, shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 15, 1962.
Private Law 87–656: For the relief of Mary J. Papworth. Private Law 656 Private Law 87–656 76 Stat. 1399 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–656
AN ACT For the relief of Mary J. Papworth.

October 15, 1962

[H. R. 11334]

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

Mary J. Papworth.

70 Stat. 743.

5 USC 2251 note.

 of the Civil Service Retirement Act, Mary J. Papworth shall be held and considered to have received congressional employee salary at the rate of $9,455.88 per annum on the day prior to her employment with the International Atomic Energy Agency (which employment ended December 4, 1960) if the additional deposit due to the civil service retirement and disability fund by reason of the enactment of this Act is paid to the United States Civil Service Commission not later than the ninetieth day following the date of enactment of this Act. Notwithstanding any other provision of law, annuity benefits payable by reason of the enactment of this Act shall be paid from the civil service retirement and disability fund.
Approved October 15, 1962.
Private Law 87–657: For the relief of James Comeau. Private Law 657 Private Law 87–657 76 Stat. 1399 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–657
AN ACT For the relief of James Comeau.

October 15, 1962

[H. R. 12090]

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

James Comeau.

of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to James Comeau, of Haverhill, Massachusetts, the sum of $221.94. Such sum represents reimbursement to the said James Comeau for paying out of his own funds judgments rendered against him, and costs, in the United States District Court, District of Massachusetts, as the result of an accident occurring when said James Comeau was operating a Government motor vehicle in the course of his duties as an employee of the United States Post Office Department: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 15, 1962.
Private Law 87–658: For the relief of Arthur H. Brackbill. Private Law 658 Private Law 87–658 76 Stat. 1400 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1400 Private Law 87–658
AN ACT For the relief of Arthur H. Brackbill.

October 15, 1962

[H. R. 12092]

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

Arthur H. Brackbill.

That Arthur H. Brackbill, Lancaster, Pennsylvania, an employee m the postal field service, is hereby relieved of all liability to refund to the United States the sum of $399.31. Such sum represents the amount of certain overpayments of compensation made to the said Arthur H. Brackbill through administrative error in the determination of his longevity benefits as a postal field service employee. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States full credit shall be given for the amount for which liability is relieved by this Act.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Arthur H. Brackbill, Lancaster, Pennsylvania, the sum certified to the Secretary of the Treasury by the Postmaster General as the sum of amounts paid to the United States by the said Arthur H. Brackbill, or withheld from amounts otherwise due him from the United States, by reason of the liability referred to in the first section of this Act: Provided, That no part of the amount appropriated in this section shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 15, 1962.
Private Law 87–659: For the relief of Concetta Maria, Rosetta, and Tomasino Mangiaracina. Private Law 659 Private Law 87–659 76 Stat. 1400 1962-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–659
AN ACT For the relief of Concetta Maria, Rosetta, and Tomasino Mangiaracina.

October 15, 1962

[H. R. 12402]

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

Concetta M., Rosetta, and Tomasino Mangiaracina.

75 Stat. 650, 657.

8 USC 1153 note.

That, for the purposes of the Act of September 26, i961 (Public Law 87–301), Concetta Maria, Rosetta, and Tomasino Mangiaracina shall be deemed to be within the purview of section 25 of that Act.
Approved October 15, 1962.
Private Law 87–660: For the relief of Margaret MacPherson. Angus MacPherson. Ruth MacPherson, and Marilyn MacPherson. Private Law 660 Private Law 87–660 76 Stat. 1400 1962-10-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–660
AN ACT For the relief of Margaret MacPherson. Angus MacPherson. Ruth MacPherson, and Marilyn MacPherson.

October 16, 1962

[H. R. 1660]

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

Margaret MacPherson and others.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to (1) Margaret MacPherson, $15,000; (2) Angus MacPherson, $5,000; (3) Ruth MacPherson, $3,500; and (4) Marilyn MacPherson, $3,500; all of Lawrence, Massachusetts. The payment of such sums shall be in 76 Stat. 1401full settlement of all their claims against the United States for compensation for personal injuries, pain and suffering, disfigurement, and property damage sustained by them, and for reimbursement of medical expenses incurred by them, as the result of a fire occurring on December 4, 1951, in an apartment building at the United States Naval Base, Middletown, Rhode Island, in which they occupied one of the apartments made available by the Department of the Navy to Navy personnel and their families: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with these claims, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 16, 1962.
Private Law 87–661: For the relief of Lieutenant Commander David V. Kyrklund. Private Law 661 Private Law 87–661 76 Stat. 1401 1962-10-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–661
AN ACT For the relief of Lieutenant Commander David V. Kyrklund.

October 16, 1962

[H. R. 4034]

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

Xt. Comdr. David V. Kyrklund.

 Commander David V. Kyrklund, United States Navy, retired, is relieved of liability to pay to the United States the sum of $1,601.07, received by him as an employee of the United States Post Office Department at Pensacola, Florida, of which sum the amount of $443.63 was received by him in contravention of the provisions of section 212 of the Act of June 30, 1932 (5 U.S.C. 59a), while serving

69 Stat. 498.

 as a substitute distribution clerk during the period beginning January 24, 1959, and ending July 22, 1960, both dates inclusive, and the amount of $1,157.44 was received by him in contravention of the provisions of the Act of July 31, 1894 (5 U.S.C. 62), while

28 Stat. 205.

serving as a regular distribution clerk during the period beginning July 23, I960, and ending October 24, 1960, both dates inclusive. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for amounts for which liability is relieved by this Act.
Sec. 2. The Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Lieutenant Commander David V. Kyrklund, an amount equal to the aggregate of the amounts paid by him, or withheld from sums otherwise due him, in complete or partial satisfaction of the liability to the United States specified in the first section.
Sec. 3. No part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 16, 1962.
Private Law 87–662: For the relief of Kenneth E. Fousse and others. Private Law 662 Private Law 87–662 76 Stat. 1402 1962-10-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1402 Private Law 87–662
AN ACT For the relief of Kenneth E. Fousse and others.

October 16, 1962

[H. R. 12936]

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

Kenneth E. Fouase and others.

That the Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the persons enumerated below the sums specified in full settlement of all claims against the United States for expenses and losses incurred in preparing to move and moving, as the case may be, themselves and their dependents from the Washington, District of Columbia, area to the Philadelphia, Pennsylvania, area in November and December 1960 incident to the transfer of the Navy Production Equipment Control Office from the Naval Weapons Plant, Washington, District of Columbia, to the Naval Air Material Center, Philadelphia, Pennsylvania, as directed by the Secretary of the Navy and thereafter canceled: Kenneth E. Fousse, $302.56; Oliver G. Green, $4,152.67; Betty I. Guidry, $331.67; Walter C. Helms, Junior, $67.24; Woodrow W. Houchins, $254.52; Albert W. Kines, $35.30; Robert W. Lindsay, $71.40; Thomas W. Miller, $650.63; Robert O. Powell, $39.25; and Sylvia Van Eckhardt, $246.56: Provided, That no part of the amounts appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with these claims and the same shall be unlawful any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty or a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 16, 1962.
Private Law 87–663: To authorize the conveyance of certain lands within the Clark Hill Reservoir, Savannah River. Georgia-South Carolina, to the Georgia-Carolina Council, Incorporated, Boy Scouts of America, for recreation and camping purposes. Private Law 663 Private Law 87–663 76 Stat. 1402 1962-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–663
AN ACT To authorize the conveyance of certain lands within the Clark Hill Reservoir, Savannah River. Georgia-South Carolina, to the Georgia-Carolina Council, Incorporated, Boy Scouts of America, for recreation and camping purposes.

October 18, 1962

[S. 1563]

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

Boy Scouts of America, Georgia-Carolina Council, Inc.

Conveyance.
That the Secretary of the Army is authorized and directed to convey to the Georgia-Carolina Council, Incorporated, Boy Scouts of America, without monetary consideration therefor, but subject to the conditions of this Act, the area or areas he determines to be available for conveyance within the two hundred and eighty-two acres of hind leased to the said Boy Scouts Council at the Clark Hill Reservoir, Savannah River, Georgia-South Carolina, under lease granted January 1, 1961, numbered DA–09–133–CIVENG–61–316.
Sec. 2. Title to property authorized to be conveyed by this Act shall revert to the United States, which shall have the right of immediate entry thereon, if the Georgia-Carolina Council, Incorporated, Boy Scouts of America— (1) has not commenced the development of such property for recreation and camping purposes within the three-year period beginning on the. date of enactment of this Act; or (2) shall ever cease to use such property for recreation and camping purposes.
76 Stat. 1403
Sec. 3. The Secretary of the Army is authorized to grant to the Georgia-Carolina Council, Incorporated, Boy Scouts of America, such rights-of-way for public access and utility lines across any property of the United States as may be necessary to facilitate the development and use of the property conveyed under authority of this Act for recreation and camping purposes.
Sec. 4. The conveyance of the property herein authorized shall be subject to the right to flood due to the fluctuation of the water level of the Clark Hill Reservoir project and to such other conditions, reservations, and restrictions as the Secretary of the Army may determine to be necessary for the management and operation of said Clark Hill Dam and Reservoir project.
Sec. 5. The cost of any surveys necessary as an incident of the conveyance authorized herein shall be borne by the Georgia-Carolina Council, Incorporated, Boy Scouts of America.
Approved October 18, 1962.
Private Law 87–664: For the relief of Major C. Todd, Junior, and the estate of Ira T. Todd, Senior. Private Law 664 Private Law 87–664 76 Stat. 1403 1962-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–664
AN ACT For the relief of Major C. Todd, Junior, and the estate of Ira T. Todd, Senior.

October 18, 1962

[S. 2450]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) the Secretary

Maj. C. Todd, Jr.

Maj. Ira T. Todd, Sr., estate.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to (1) Major C. Todd, Junior, the sum of $11,620, and (2) the estate of Ira T. Todd, Senior, the sum of $11,620. The payment of such sums shall be in full satisfaction of all claims of Major C. Todd, Junior, and Ira T. Todd, Senior (deceased), against the United States for the loss of their exclusive right of pound-net fishing off the western shore of Cedar Point, Maryland, as a result of certain regulations issued by the Secretary of War in 1943 establishing restricted and prohibited areas for military purposes arising out of the activities of the Patuxent Naval Air Station. (b) The total sum appropriated by this Act is the amount found by the Court of Claims, acting pursuant to Senate Resolution 308, Eighty-third Congress, Second Session, to be equitably due the said Major C. Todd, Junior, and Ira T. Todd, Senior, as a result of the action of the Secretary of War referred to in subsection (a) of this section.
Sec. 2. No part of the amount appropriated in this Act in excess of 25 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 18, 1962.
Private Law 87–665: For the relief of G. W. Todd and the estate of Lloyd Parks. Private Law 665 Private Law 87–665 76 Stat. 1404 1962-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1404 Private Law 87–665
AN ACT For the relief of G. W. Todd and the estate of Lloyd Parks.

October 18, 1962

[S. 2451]

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

G. W. Todd and Lloyd Parka, estate.
That (a) the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to (1) G. W. Todd, the sum of $8,120, and (2) the estate of Lloyd Parks, the sum of $8,120. The payment of such sums shall be in full satisfaction of all claims of G. W. Todd and Lloyd Parks (deceased) against the United States for the loss of their exclusive right of pound-net fishing off the western shore of Cedar Point, Maryland, as a result of certain regulations issued by the Secretary of War in 1943 establishing restricted and prohibited areas for military purposes arising out of the activities of the Patuxent Naval Air Station. (b) The total sum appropriated by this Act is the amount found by the Court of Claims, acting pursuant to Senate Resolution 309, Eighty-third Congress, second session, to be equitably due the said G. W. Todd and Lloyd Parks as a result of the action of the Secretary of War referred to in subsection (a) of this section.
Sec. 2. No part of the amount appropriated in this Act in excess of 25 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 18, 1962.
Private Law 87–666: For the relief of Lieutenant Colonel William A. Carter, United States Air Force. Private Law 666 Private Law 87–666 76 Stat. 1404 1962-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–666
AN ACT For the relief of Lieutenant Colonel William A. Carter, United States Air Force.

October 18, 1962

[S. 3394]

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

Lt. Col. William A. Carter, USAF.

That William A. Carter, lieutenant colonel, United States Air Force (3019A), is relieved of all liability for repayment to the United States of the sum of $2,793.21, representing the amount of overpayments of basic pay received by him for the period from June 23, 1942, through August 29, 1961, while he was serving as a member of the United States Army and the United States Air Force, such overpayment having been made as a result of administrative error.
Sec. 2. The Comptroller General of the United States or his designee shall relieve disbursing officers, including special disbursing agents, of the Army, Navy, and Air Force from accountability or responsibility for any payments described in section 1 of this Act, and shall allow credits in the settlement of the accounts of those officers or agents for payments which are found to be free from fraud and collusion.
Sec. 3. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said William A. Carter, the sum of any amounts received or withheld from him on account of the overpayments referred to in section 1 of this Act.
Approved October 18, 1962.
Private Law 87–667: For the relief of Major Clara May Matthews. Private Law 667 Private Law 87–667 76 Stat. 1405 1962-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1405 Private Law 87–667
AN ACT For the relief of Major Clara May Matthews.

October 18, 1962

[H. R. 8321]

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

Maj. Clara M. Matthews.

Matthews, major, Women’s Army Corps, L58, retired, is hereby relieved of liability to pay to the United States the sum of $5,913.60, which was paid to her as compensation for employment at Lackland Air Force Base, Texas, from April 1, 1960, through February 18, 1961, which employment has been held to nave been in violation of section 2 of the Act of July 31, 1894 (5 U.S.C. 62). In the audit and settlement

28 Stat. 205.

of the accounts of any certifying or disbursing officer of the United States, full credit shall be given for amounts for which liability is relieved by this Act.
Approved October 18, 1962.
Private Law 87–668: For the relief of Sergeant Ernest I. Aguilar. Private Law 668 Private Law 87–668 76 Stat. 1405 1962-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–668
AN ACT For the relief of Sergeant Ernest I. Aguilar.

October 18, 1962

[H. R. 9128]

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

Sgt. Ernest I. Aguilar.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $294.00 to Sergeant Ernest I. Aguilar, RA35605170, in full settlement of his claims against the United States for refund of amounts withheld from his Army pay representing travel allowances paid him for travel actually performed under official orders transferring him from Fort Lewis to Camp Drum for temporary duty: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 18, 1962.
Private Law 87–669: For the relief of First Lieutenant Charles M. Cox, United States Army (retired). Private Law 669 Private Law 87–669 76 Stat. 1405 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–669
AN ACT For the relief of First Lieutenant Charles M. Cox, United States Army (retired).

October 23, 1962

[S. 1961]

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

1st Lt. Charles M. Cox, USA.

Charles M. Cox, United States Army (retired), of Buxton, Oregon, is hereby relieved of all liability for repayment to the United States of the sum of $6,800.58, representing the amount of overpayments of longevity pay received by him for the period from June 1, 1942, through March 13, 1960, while the said Lieutenant Charles M. Cox was serving as a member of the United States Army, such overpayments having been made as a result of his being erroneously credited, for pay purposes, with service performed in the organized militia of the State of New York.
76 Stat. 1406
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said First Lieutenant Charles M. Cox, the sum of any amounts received or withheld from him on account of the overpayments referred to in the first section of tills Act.
Approved October 23, 1962.
Private Law 87–670: For the relief of Foug Yee Hin. Private Law 670 Private Law 87–670 76 Stat. 1406 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–670
AN ACT For the relief of Foug Yee Hin.

October 23, 1962

[S. 2555]

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

Fong Yee Hin.

That, for the purposes of the Immigration and Nationality Act, Fong Yee Hin shall be held and

66 Stat. 163.

8 USC 1101 note.

considered to have been lawfully admitted to the United States for permanent residence as of July 25, 1940, upon payment

Quota deduction.

of the required visa fee and head tax. Upon granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Approved October 23, 1962.
Private Law 87–671: Fur the relief of Lieutenant Colonel Gustave M. Minton, Junior, United States Air Force. Private Law 671 Private Law 87–671 76 Stat. 1406 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–671
AN ACT Fur the relief of Lieutenant Colonel Gustave M. Minton, Junior, United States Air Force.

October 23, 1962

[S. 3124]

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

Lt. Col. Gustave M. Minton, Jr., USAF.

That Gustave M. Minton, Junior, lieutenant colonel, United States Air Force (AO915777), is relieved of all liability for repayment to the United States of the sum of $2,822.85, representing the amount of overpayments of basic pay received by him for the period from August 22, 1952, through December 31, 1961, while he was serving as a member of the United States Air Force, such overpayments having been made as a result of administrative error.
Sec. 2. The Comptroller General of the United States, or his designee, shall relieve disbursing officers, including special disbursing agents, of the Army, Navy, and Air Force from accountability or responsibility for any payments described in section 1 of this Act, and shall allow credits in the settlement of the accounts of those officers or agents for payments which are found to be free from fraud and collusion.
Sec. 3. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Gustave M. Minton, Junior, the sum of any amounts received or withheld from him on account of the overpayments referred to in section 1 of this Act.
Approved October 23, 1962.
Private Law 87–672: For the relief of Kim Chong Koo. Private Law 672 Private Law 87–672 76 Stat. 1407 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1407 Private Law 87–672
AN ACT For the relief of Kim Chong Koo.

October 23, 1962

[S. 3215]

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

Kim Chong Koo.

of the Immigration and Nationality Act, Kim Chong Koo may be classified as an eligible orphan within the meaning of section 101 (b) (1) (F) of the said Act and a petition may be filed by the

75 Stat. 650.

8 USC 1101.

Reverend and Mrs. Kenneth J. Mitchell, citizens of the United States, in behalf of the said Kim Chong Koo pursuant to section 205(b)

8 USC 1155.

of the Immigration and Nationality Act subject to all the conditions in that section relating to eligible orphans.
Approved October 23, 1962.
Private Law 87–673: For the relief of Doctor Felix Nabor Sabates. Private Law 673 Private Law 87–673 76 Stat. 1407 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–673
AN ACT For the relief of Doctor Felix Nabor Sabates.

October 23, 1962

[S. 3453]

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

Dr. Felix N. Sabatea.

66 Stat. 163.

8 USC 1101 note.

 of the Immigration and Nationality Act, Doctor Felix Nabor Sabates shall be held and considered to have been lawfully admitted to the United States for permanent residence on January 16, 1956.
Sec. 2. For the purposes of the Immigration and Nationality Act,

Dr. Mehmet V Kalaycioglu.

Doctor Mehmet Vecihi Kalaycioglu shall be held and considered to have been lawfully admitted to the United States for permanent residence as of July 1, 1957, upon payment of the required visa fee. Upon the granting of permanent residence to such alien as provided

Quota deduction.

 for in this Act the Secretary of State shall instruct the proper quota-control officer to deduct one number from the appropriate quota for the first year that such quota is available.
Sec. 3. For the purposes of the Immigration and Nationality Act,

Ali Khosrowkhah.

Ali Khosrowkhah shall be held and considered to have been lawfully admitted to the United States for permanent residence as of April 29, 1946.
Approved October 23, 1962.
Private Law 87–674: For the relief of Doctor Hans J. V. Tiedemann and family. Private Law 674 Private Law 87–674 76 Stat. 1407 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–674
AN ACT For the relief of Doctor Hans J. V. Tiedemann and family.

October 23, 1962

[H. R. 1663]

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

Dr. Hana J. V. Tiedemann and family.

General and the Assistant Attorney General and Director, Office of Alien Property, Department of Justice, be and they are hereby authorized and directed to return to Doctor Hans J. V. Tiedemann all funds vested by vesting order numbered 5926 (11 Federal Register 2202, February 15, 1946), the principal amount of such funds having been deposited in 1940 pursuant to the advice of the American Embassy in Japan by Doctor J. V. Tiedemann on behalf of himself, his wife. Erica Tiedemann, and his son, Peter Tiedemann, before he and his family were interned in prison camps by the Japanese Government, as proof 76 Stat. 1408that he and his family would not become public charges after they had emigrated from Japan to the United States to become permanent residents.
Approved October 23, 1962.
Private Law 87–675: For the relief of Doctor Walter H. Duisberg. Private Law 675 Private Law 87–675 76 Stat. 1408 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–675
AN ACT For the relief of Doctor Walter H. Duisberg.

October 23, 1962

[H. R. 8269]

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

Dr. Walter H. Duisberg.

That the Attorney General, as successor to the Alien Property Custodian, is authorized and directed to pay to Doctor Walter H. Duisberg, out of vested funds

40 Stat. 411.

50 USC app. 1.

now held under the provisions of the Trading With the Enemy Act, the sum of $327,850. The payment of such sum shall be in full settlement of all claims of Doctor Walter H. Duisberg against the United States on account of matters set forth in his petition in the congressional reference case styled Walter H. Duisberg against the United States (congressional numbered 4–59). In said case the United States Court of Claims, in an order filed the 9th day of June 1961, based on a stipulation for entry of findings of fact and conclusion of law agreed to and signed by the attorneys for the respective parties therein, concluded that Doctor Walter II. Duisberg has an equitable claim against the United States for which he should be compensated in the aforesaid sum of $327,850.
Sec. 2. No part of the amount paid by the Attorney General as successor to the Alien Property Custodian m excess of 17% per centum thereof shall be paid or delivered or received by any agent or attorney on account of services rendered in connection with securing passage of a bill in Congress for the relief of Doctor Walter H. Duisberg and the preparation and settlement of the suit in the Court of Claims entitled “Doctor Walter H. Duisberg against United States” (congressional numbered 4–59), and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 23, 1962.
Private Law 87–676: For the relief of Molly Kwauk. Private Law 676 Private Law 87–676 76 Stat. 1408 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–676
AN ACT For the relief of Molly Kwauk.

October 23, 1962

[H. R. 9669]

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

Molly Kw.uk.

66 Stat. 182.

8 USC 1182.

That, notwithstanding the provision of section 212(a)(1) of the Immigration and Nationality Act, Molly Kwauk may be issued a visa and admitted to the United States for permanent residence if she is found to be otherwise admissible under the provisions of that Act: Provided, That this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act: Provided further, That a suitable and proper bond or undertaking, approved by the Attorney General,

8 USC 1183.

 be deposited as prescribed by section 213 of the said Act.
Approved October 23, 1962.
Private Law 87–677: To amend Private Law 87–197. Private Law 677 Private Law 87–677 76 Stat. 1409 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1409 Private Law 87–677
AN ACT To amend Private Law 87–197.

October 23, 1962

[H. R. 9777]

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

Rear Adm. Carl H. Cotter.

75 Stat. 919.

of section 1 of Private Law 87–197, approved September 15, 1961, is hereby amended by striking out the date “July 31, 1959” and inserting the date “November 30, 1959” in lieu thereof.
Sec. 2. The first sentence of section 2 of Private Law 87–197, approved September 15, 1961, is amended by adding at the end thereof the words “and in addition such amounts as represent the balance of retired pay otherwise due for the above period”.
Approved October 23, 1962.
Private Law 87–678: For the relief of Thomas J. Fitzpatrick and Peter D. Power. Private Law 678 Private Law 87–678 76 Stat. 1409 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–678
AN ACT For the relief of Thomas J. Fitzpatrick and Peter D. Power.

October 23, 1962

[H. R. 10026]

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

Thomas J. Fitzpatrick and Peter D. Power.

 on the time within which applications for disability retirement are required to be filed under section 7(b) of the Civil Service Retirement Act (5 U.S.C. 2257(b)) is hereby waived in favor of Thomas J. Fitzpatrick

70 Stat. 750.

and Peter D. Power of Newfoundland, Canada, former employees of the United States Naval Station, Argentia, Newfound-land. and their claims for disability retirement under such Act shall be acted upon under the other applicable provisions of such Act as if their applications had been timely filed, if they file application for such disability retirement within sixty days after the date of enactment of the Act. No benefits shall accrue by reason of the enactment of this Act for any period prior to the date of enactment of this Act: Provided, That, notwithstanding any other provision of law, benefits payable by reason of the enactment of this Act shall be paid from the civil service retirement and disability fund.
Approved October 23, 1962.
Private Law 87–679: For the relief of Lester A. Kocher. Private Law 679 Private Law 87–679 76 Stat. 1409 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–679
AN ACT For the relief of Lester A. Kocher.

October 23, 1962

[H. R. 10199]

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

Letter A. Kocher.

 Kocher, formerly an officer in the Army, is hereby relieved of liability to pay to the United States the sum or $169.38, which sum represents the balance of an amount overpaid to the said Lester A. Kocher in the year 1953 for dependent transportation from Fort Eustis, Virginia, to Fort Sill, Oklahoma, and from Fort Sill, Oklahoma, to Valley Forge Army Hospital, Pennsylvania. In the audit, and settlement of the accounts of any certifying or disbursing officer of the United States, full credit shall be allowed for the amount for which liability is relieved by this Act.
Approved October 23, 1962.
Private Law 87–680: For the relief of Mrs. Dorothy H. Johnson. Private Law 680 Private Law 87–680 76 Stat. 1410 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private 76 Stat. 1410 Private Law 87–680
AN ACT For the relief of Mrs. Dorothy H. Johnson.

October 23, 1962

[H. R. 10423]

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

Dorothy H. Johnson.

That sections 15 to 20, inclusive, of the Act entitled “An Act to provide for employees of the United States suffering injuries while in the performance of their duties, and for other purposes”, approved September 7, 1916, as

39 Stat. 746.

amended (5 U.S.C. 765–770), are hereby waived in favor of Dorothy H. Johnson and her claim based on the death of her son, Steven W. Johnson, for compensation under that Act is authorized and directed to be considered and acted upon under the remaining provisions of the Act, as amended, if she files such claim with the Department of Labor (Bureau of Employees’ Compensation) not later than six months after the date of enactment of this Act: Provided, That no benefits except hospital and medical expenses actually incurred shall accrue for any period of time prior to the date of enactment of this Act.
Approved October 23, 1962.
Private Law 87–681: For the relief of Kenyon B. Zahner. Private Law 681 Private Law 87–681 76 Stat. 1410 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–681
AN ACT For the relief of Kenyon B. Zahner.

October 23, 1962

[H. R. 10501]

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

Kenyon B. Zahner.

That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $36,852 to Kenyon B. Zahner of Atlanta, Georgia, in full settlement of his claims against the United States for reimbursement of the wages lost because he was unlawfully deprived of his employment in the Government of the United States through the application of an unlawful standard as found by the United States District Court for the District of Columbia in a judgment filed November 10, 1959, in Civil Action Numbered 1396–58: Provided, That no part of the amount appropriated in this Act in excess of 25 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 23, 1962.
Private Law 87–682: For the relief of Don C. Jensen and Bruce E. Woolner. Private Law 682 Private Law 87–682 76 Stat. 1410 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–682
AN ACT For the relief of Don C. Jensen and Bruce E. Woolner.

October 23, 1962

[H. R. 11578]

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

Don C. Jensen and Bruce E. Woolner.

That Don C. Jensen and Bruce E. Woolner are hereby relieved of all liability to pay to the United States the amounts listed opposite their names, representing 76 Stat. 1411unaccounted for outstanding balances in their accounts while serving as disbursing officers of the United States: Don C. Jensen, $415.99; Bruce E. Woolner, $804.73.
Sec. 2. The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Don C. Jensen and Bruce E. Woolner, the sum of any amounts received or withheld from them on account of the outstanding balances referred to in the first section of this Act.
Approved October 23, 1962.
Private Law 87–683: For the relief of George Edward Ixioiiard. Private Law 683 Private Law 87–683 76 Stat. 1411 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–683
AN ACT For the relief of George Edward Ixioiiard.

October 23, 1962

[H. R. 12217]

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

George E. Leonard.

of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to George Edward Leonard, first lieutenant, Army of the United States, retired, of Kansas City, Missouri, the sum of $4,247.20, in full satisfaction of all claims of the said George Edward Leonard against the United States for compensation for disability retired pay which was withheld from him by the United States on the erroneous grounds that, while employed by the United States in various civilian capacities from July 1, 1950, through December 31, 1954, he was subject to the salary and retired pay limitations prescribed by section 212 of the Economy Act of 1932 (5 U.S.C. 59a): Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be

69 Stat. 498.

 paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 23, 1962.
Private Law 87–684: For the relief of Jane Froman, Gypsy Markoff, and Jean Rosen. Private Law 684 Private Law 87–684 76 Stat. 1411 1962-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 private Private Law 87–684
AN ACT For the relief of Jane Froman, Gypsy Markoff, and Jean Rosen.

October 23, 1962

[H. R. 12313]

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

Jane Froman and others.

 of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, (1) to Jane Froman, the sum of $20,000, (2) to Gypsy Markoff, the sum of $20,000, and (3) to Jean Rosen, the sum of $20,000, in accordance with the recommendations of the United States Court of Claims in its opinion in congressional reference case numbered 20–58, Jane Froman, Gypsy Markoff and Jean Rosen v. The United States, decided June 6, 1962. The amounts paid under the authority of this Act shall be in full and final settlement of the respective claims of the said Jane Froman, Gypsy Markoff, and Jean Rosen against the United States arising out or an accident which occurred on or about February 22, 1943, when the Pan American Airways seaplane Yankee Clipper, on which they 76 Stat. 1412were traveling as entertainers engaged by Camp Shows, Inc., to provide entertainment to members of the Armed Forces of the United States, crashed in the Tagus River in the Port of Lisbon, Portugal: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 23, 1962.
CONCURRENT RESOLUTIONS

CONCURRENT RESOLUTIONS

SECOND SESSION, EIGHTY-SEVENTH CONGRESS

 H. Con. Res. 402: JOINT MEETING House Concurrent Resolution 402 January 11, 1962
JOINT MEETING

January 11, 1962

[H. Con. Res. 402

 Resolved by the House of Representatives (the Senate concurring),
That the two Houses of Congress assemble in the Hall of the House

Communications from President.

of Representatives on January 11, 1962, at 12:30 o’clock in the afternoon, for the purpose of receiving such communication as the President of the United States shall be pleased to make to them.
Passed January 11, 1962.
H. Con. Res. 431: LT. COL. JOHN H. GLENN, JR., USMC House Concurrent Resolution 431 February 21, 1962
LT. COL. JOHN H. GLENN, JR., USMC

February 21, 1962

[H. Con. Res. 431]

 Resolved by the House of Representatives (the Senate concurring),
That the Congress hereby extends its congratulations and warm good

Commendation.

wishes to Lieutenant Colonel John H. Glenn, Junior, United States Marine Corps, of New Concord, Ohio, on behalf of the people of the United States, and commends him for his personal courage, skill, and dedication in the cause of scientific achievement in his successful and epoch-making three orbital flights around the earth on February 20, 1962.
Passed February 21, 1962.
S. Con. Res. 56: “A REPORT OF U.S. FOREIGN POLICY AND OPERATIONS” Senate Concurrent Resolution 56 March 1, 1962
“A REPORT OF U.S. FOREIGN POLICY AND OPERATIONS”

March 1, 1962

[S. Con. Res. 56]

 Resolved by the Senate (the House of Representatives concurring),
That there be printed with illustrations, as a Senate document, a report entitled “A Report

Printing as Senate document.

of United States Foreign Policy and Operations”, submitted by Senator Allen J. Ellender to the Senate Committee on Appropriations on January 24, 1962; and that four thousand additional copies be printed for the use of that committee.
Agreed to March 1, 1962.
1415 S. Con. Res. 59: “ADMINISTERED PRICES, DRUGS” Senate Concurrent Resolution 59 March 15, 1962
76 Stat. 1416 “ADMINISTERED PRICES, DRUGS”

March 15, 1962

[S. Con. Res. 59]

 Resolved by the Senate (the House of Representatives concurring),

Printing of additional copies of report.
That there be printed for the use of the Committee on the Judiciary two thousand additional copies of Senate Report Numbered 448, Eighty-seventh Congress, first session, entitled “Administered Prices, Drugs”, a report issued by the Committee on the Judiciary and made by its Subcommittee on Antitrust and Monopoly pursuant to S. Res. 52, Eighty-Seventh Congress.
Agreed to March 15, 1962.
S. Con. Res. 61: VOLUNTARY OVERSEAS AID WEEK Senate Concurrent Resolution 61 April 4, 1962
VOLUNTARY OVERSEAS AID WEEK

April 4, 1962

[S. Con. Res. 61]

 Resolved by the Senate (the House of Representatives concurring),

That it is the sense of the Congress that people-to-people programs administered by nonprofit voluntary agencies registered with the Committee on Voluntary Foreign Aid evidence our friendship for peoples in other lands.

The President of the United States is requested to issue a proclamation designating the week of April 9, 1962, as Voluntary Overseas Aid Week.
Agreed to April 4, 1962.
H. Con. Res. 25: VETERANS’ BENEFITS CALCULATOR House Concurrent Resolution 25 April 12, 1962
VETERANS’ BENEFITS CALCULATOR

April 12, 1962

[H. Con. Res. 25]

 Resolved by the House of Representatives (the Senate concurring),

Printing of additional copies.
That after the conclusion of the second session of the Eighty-seventh Congress there shall be printed fifty thousand two hundred and forty additional copies of a Veterans’ Benefits Calculator prepared by the Veterans’ Affairs Committee of which two thousand copies shall be for the use of the Veterans’ Affairs Committee, two thousand copies for the use of the Committee on Finance, thirty-seven thousand four hundred and eighty-five copies for the use of the House of Representatives, and eight thousand seven hundred and fifty-five copies for the use of the Senate.
Passed April 12, 1962.
H. Con. Res. 405: CIVIL DEFENSE-1961, HEARINGS House Concurrent Resolution 405 April 12, 1962
CIVIL DEFENSE-1961, HEARINGS

April 12, 1962

[H. Con. Res. 405]

 Resolved by the House of Representatives (the Senate concurring),

Printing of additional copies.
That there be printed for the use of the House Committee on Government Operations five thousand additional copies of the committee print “Civil Defense—1961, Hearings Before a Subcommittee of the committee on Government Operations, House of Representatives, August 1, 2, 3, 4, 7, 8, and 9, 1961,” issued by the Committee on Government Operations during the Eighty-seventh Congress, first session.
Passed April 12, 1962.
H. Con. Res. 408: “OUR FLAG” House Concurrent Resolution 408 April 12, 1962
76 Stat. 1417 “OUR FLAG”

April 12, 1962

[H. Con. Res. 408]

 Resolved by the House of Representatives (the Senate concurring),
That the publication entitled “Our Flag”, published by the Office of

Printing as House document.

 Armed Forces Information and Education, Department of Defense, be printed with illustrations as a House document; and that three hundred thousand additional copies be printed, of which two hundred thousand shall be for the use of the House of Representatives, and one hundred thousand shall be for the use of the Senate.
Passed April 12, 1962.
H. Con. Res. 412: “MANIPULATION OF PUBLIC OPINION BY ORGANIZATIONS UNDER CONCEALED CONTROL OF THE COMMUNIST PARTY” House Concurrent Resolution 412 April 12, 1962
“MANIPULATION OF PUBLIC OPINION BY ORGANIZATIONS UNDER CONCEALED CONTROL OF THE COMMUNIST PARTY”

April 12, 1962

[H. Con. Res. 412]

 Resolved by the House of Representatives (the Senate concurring),
That there be printed for the use of the Committee on Un-American Activities ten thousand additional copies each of parts 1 and 2 of the House Report Numbered 1282, Eignty-seventh Congress, first session, entitled “Manipulation of Public Opinion by Organizations Under Concealed Control of the Communist Party”.
Passed April 12, 1962.
H. Con. Res. 414: HEARINGS RELATING TO H.R. 4700, TO AMEND SECTION 11 OF THE SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950 House Concurrent Resolution 414 April 12, 1962
HEARINGS RELATING TO H.R. 4700, TO AMEND SECTION 11 OF THE SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950

April 12, 1962

[H. Con. Res. 414]

 Resolved by the House of Representatives (the Senate concurring),
That there be printed for the use of the Committee on Un-American

Printing of additional copies.

 Activities ten thousand additional copies of “Hearings Relating to H.R. 4700, To Amend Section 11 of the Subversive Activities Control Act of 1950, as Amended (the Fund for Social Analysis)”, Eighty-seventh Congress, first session.
Passed April 12, 1962.
H. Con. Res. 416: “GUIDE TO SUBVERSIVE ORGANIZATIONS AND PUBLICATIONS” House Concurrent Resolution 416 April 12, 1962
“GUIDE TO SUBVERSIVE ORGANIZATIONS AND PUBLICATIONS”

April 12, 1962

[H. Con. Res. 416]

 Resolved by the House of Representatives (the Senate concurring),
That the publication entitled “Guide to Subversive Organizations and

Printing as House document.

Publications”, prepared by the Committee on Un-American Activities, House of Representatives, Eighty-seventh Congress, first session, be printed as a House document; and that there be printed one hundred thousand additional copies of said document of which sixty-five thousand shall be for the use of said committee and thirty-five thousand shall be prorated to the Members of the House of Representatives and the Senate for a period of ninety days after which time the unused balance shall revert to the Committee on Un-American Activities.
Passed April 12, 1962.
H. Con. Res. 419: HEARINGS ON SMALL BUSINESS PROBLEMS IN THE POULTRY INDUSTRY House Concurrent Resolution 419 April 12, 1962
76 Stat. 1418 HEARINGS ON SMALL BUSINESS PROBLEMS IN THE POULTRY INDUSTRY

April 12, 1962

[H. Con. Res. 419]

 Resolved by the House of Representatives (the Senate concurring),

Printing of additional copies.
That there snail be printed for the use of the Select Committee on Small Business, House of Representatives, one thousand five hundred additional copies of parts I, II, and HL of Hearings on Small Business Problems in the Poultry Industry, Eighty-seventh Congress, first session.
Passed April 12, 1962.
H. Con. Res. 451: INAUGURAL ADDRESSES OF THE PRESIDENTS House Concurrent Resolution 451 April 12, 1962
INAUGURAL ADDRESSES OF THE PRESIDENTS

April 12, 1962

[H. Con. Res. 451]

 Resolved by the House of Representatives (the Senate concurring),

Printing of additional copies of House document.
That there be printed, with illustrations, twenty-seven thousand two hundred additional copies of House Document 218, Eighty-seventh Congress, first session, entitled “Inaugural Addresses of the Presidents of the United States from George Washington to John F. Kennedy”, of which twenty-two thousand and fifty copies shall be for the use of the House of Representatives, and five thousand one hundred and fifty copies shall be for the use of the Senate.
Passed April 12, 1962.
H. Con. Res. 465: ADJOURNMENT-HOUSE OF REPRESENTATIVES House Concurrent Resolution 465 April 19, 1962
ADJOURNMENT-HOUSE OF REPRESENTATIVES

April 19, 1962

[H. Con. Res. 465]

 Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on Thursday, April 19, 1962, it stand adjourned until 12 o’clock meridian, Monday, April 30, 1962.
Passed April 19, 1962.
S. Con. Res. 62: SOIL CONSERVATION DISTRICT-ANNIVERSARY Senate Concurrent Resolution 62 May 7, 1962
SOIL CONSERVATION DISTRICT-ANNIVERSARY

May 7, 1962

[S. Con. Res. 62]

 Whereas the strength of a community and of a nation lies largely in its agricultural base; and Whereas m the twenty-five years since the first State soil conservation district law was passed in Arkansas and the first soil conservation district was chartered in Anson County, North Carolina, on August 4, 1937 (known then, and still known, as the Brown Creek Soil Conservation District), the soil conservation districts, local units of State government, have worked and will continue to work steadily to improve and safeguard the productive croplands, the waters available for agriculture, and the grasslands, woodlands, and wildlife; and Whereas State conservation districts in all States (now numbering two thousand nine hundred and encompassing 96 per centum of all the agricultural land) by providing a means for concerted effort to control soil erosion? save water, and husband soil fertility, have been instrumental in increasing the efficiency of farming and permitting land-use changes much needed for a permanently safe and productive agriculture: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring),

Appreciation.
That Congress hereby acknowledges the debt owed the soil conservation districts, expresses its appreciation of, its gratitude to, and its pride in these districts which are the custodians of the Nation’s agricultural lands, and extends its congratulations to the fifteen thousand 76 Stat. 1419nonsalaried supervisors, commissioners, and directors of soil conservation districts and the thousands of their predecessors who pioneered in this remarkable demonstration of self-government and grassroots democracy.
Agreed to May 7, 1962.
H. Con. Res. 438: VIRGINIA DARE-ANNIVERSARY House Concurrent Resolution 438 May 17, 1962
VIRGINIA DARE-ANNIVERSARY

May 17, 1962

[H. Con. Res. 438]

 Resolved by the House of Representatives (the Senate concurring),

That there is hereby created a joint committee to be composed of six

Joint committee, creation.

Members of the House of Representatives to be appointed by the Speaker of the House and six Members of the Senate to be appointed by the President of the Senate to represent Congress at ceremonies to be conducted at Roanoke Island, North Carolina, during the week August 12 to August 18, 1962, inclusive, jointly by the committee and by the Governor’s Commission for the celebration of the three hundred and seventy-fifth anniversary of the birth of Virginia Dare, in commemoration of the three hundred and seventy-fifth anniversary of the landing of Sir Walter Raleigh’s colony on Roanoke Island, North Carolina, and the birth of the first English child in America, Virginia Dare. The members of the joint committee shall select a chairman from among their number.

The expenses of the joint committee incurred in carrying out the purposes of this resolution, not to exceed $10,000, shall be paid out of the contingent fund of the House of Representatives upon vouchers authorized by such joint committee and approved by the Committee on House Administration of the House of Representatives.
Passed May 17, 1962.
S. Con. Res. 68: HEARINGS ON REVENUE ACT OF 1962 Senate Concurrent Resolution 68 May 23, 1962
HEARINGS ON REVENUE ACT OF 1962

May 23, 1962

[S. Con. Res. 68]

 Resolved by the Senate (the House of Representatives concurring),
That there be printed for the use of the Committee on Finance not

Printing of additional copies.

to exceed one thousand five hundred additional copies each of part 1 and all subsequent parts of hearings on the Revenue Act of 1962, held by that committee during the Eighty-seventh Congress.
Agreed to May 23, 1962.
H. Con. Res. 493: CORRECTION IN ENROLLMENT OF HR. 10788 House Concurrent Resolution 493 June 14, 1962
CORRECTION IN ENROLLMENT OF HR. 10788

June 14, 1962

[H. Con. Res. 493]

 Resolved by the House of Representatives (the Senate concurring),
That in the enrollment of the bill (H.R. 4700) to amend section 204

Ante, p. 104.

of the Agricultural Act of 1956, the Clerk.of the House is authorized and directed to make the following correction: In line 12, on page 1, strike out “agreements” and insert “agreement”.
Passed June 14, 1962.
S. Con. Res. 78: REENROLLMENT OF S. 1745 Senate Concurrent Resolution 78 June 19, 1962
REENROLLMENT OF S. 1745

June 19, 1962

[S. Con. Res. 78]

 Resolved by the Senate (the House of Representatives concurring),
That the President of the United States be, and he is hereby, requested to return tp the Senate the enrolled bill (S. 1745) entitled “An Act

Ante, p. 113.

to amend the Act of August 5, 1955, relating to the regulation of fares for the transportation of schoolchildren in the District of Columbia”; that upon its return, the action of the Speaker of the House of Repre-76 Stat. 1420sentatives and the President of the Senate in signing the said bill be deemed to be rescinded; and that in the reenrollment of said bill, the Secretary of the Senate be, and he is hereby, authorized and directed to make the following change, viz: On page 2, line 3, of the engrossed bill, after the word “return”, insert the word “established”.
Agreed to June 19, 1962.
H. Con. Res. 473: DISPOSAL OF CERTAIN MATERIALS FROM NATIONAL STOCKPILE House Concurrent Resolution 473 June 21, 1962
DISPOSAL OF CERTAIN MATERIALS FROM NATIONAL STOCKPILE

June 21, 1962

[H. Con. Res. 473]

 Resolved by the House of Representatives (the Senate concurring),
That the Congress expressly approve, pursuant to section 3(e) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.

60 Stat. 597.

98b (e)), the disposal of the following materials from the national stockpile: (a) Approximately four hundred and forty thousand two hundred and forty-six pounds of silk noils; (b) Approximately ninety-six short tons of 91 per centum nickel in ingot form, approximately four short tons of sintered nickel powder in the form of “cups”, and approximately nine short tons of cobalt in rondelle form averaging 97.9 per centum cobalt; (c) Cordage fiber consisting of approximately seven million five hundred thousand pounds of abaca fiber and approximately ten million pounds of sisal fiber; (d) Approximately three thousand five hundred long tons of vegetable tannins (quebracho, chestnut, and wattle extracts); (e) Approximately twenty-eight thousand eight hundred and sixteen short tons of celestite; (f) Approximately four thousand four hundred and seventy-one troy ounces of platinum scrap and a quantity of nonferrous scrap consisting of approximately five hundred and twenty short tons of brass, seventy-four short tons of silicon bronze and copper, eleven short tons or beryllium copper, and one hundred and six short tons of zinc foil; (g) Approximately fifty thousand long tons of pig tin; (h) Approximately one hundred and fifty-five million six hundred and seventy-six thousand pounds of castor oil; (i) Approximately two hundred sixty-five thousand pounds of cobalt oxides, and approximately five thousand five hundred pounds of cobalt carbonates; (j) Approximately one thousand eight hundred and ninety long tons of chromite ore; (k) Approximately sixty-five thousand four hundred and forty-seven pounds (gross weight) of ferrovanadium; (l) Approximately sixty-three short tons of ferromanganese, and approximately four and onehalf short tons of electrolytic manganese metal; (m) Approximately ten million pounds of contained nickel and cobalt in the form of nickel oxide powder; (n) Approximately five million pounds of molybdenum.
Sec. 2. All funds derived from the sales authorized by this concurrent resolution shall be deposited into the Treasury as miscellaneous receipts.
Passed June 21, 1962.
S. Con. Res. 69: “CONSTITUTIONAL RIGHTS OF MENTALLY ILL” AND “WIRE-TAPPING AND EAVESDROPPING LEGISLATION” Senate Concurrent Resolution 69 June 26, 1962
76 Stat. 1421 “CONSTITUTIONAL RIGHTS OF MENTALLY ILL” AND “WIRE-TAPPING AND EAVESDROPPING LEGISLATION”

June 26, 1962

[S. Con. Res. 69]

 Resolved by the Senate (the House of Representatives concurring),
That there be printed for the use of the Senate Committee on the Judiciary

Additional copies of hearings.

one thousand additional copies each of parts 1 and 2 of its hearings on “Constitutional Rights of the Mentally Ill”, and one thousand copies of its hearings on “Wiretapping and Eavesdropping Legislation”, held by its Subcommittee on Constitutional Rights during the Eighty-seventh Congress, first session.
Agreed to June 26, 1962.
H. Con. Res. 413: SUPPLEMENT TO CUMULATIVE INDEX TO PUBLICATIONS OF COMMITTEE ON UN-AMERICAN ACTIVITIES-1955-1960 House Concurrent Resolution 413 July 18, 1962
SUPPLEMENT TO CUMULATIVE INDEX TO PUBLICATIONS OF COMMITTEE ON UN-AMERICAN ACTIVITIES-1955-1960

July 18, 1962

[H. Con. Res. 413]

 Resolved by the House of Representatives (the Senate concurring),
That there be printed for the use of the Committee on Un-American

Printing of additional copies.

Activities four thousand additional copies of a publication entitled “Supplement to Cumulative Index to Publications of the Committee on Un-American Activities—1955 through 1960 (Eighty-fourth, Eighty-fifth, and Eighty-sixth Congresses)”, Eighty-seventh Congress, first session.
Passed July 18, 1962.
H. Con. Res. 415: CUMULATIVE INDEX TO PUBLICATIONS OF COMMITTEE ON UNAMERICAN ACTIVITIES, 1938-1954 House Concurrent Resolution 415 July 18, 1962
CUMULATIVE INDEX TO PUBLICATIONS OF COMMITTEE ON UNAMERICAN ACTIVITIES, 1938-1954

July 18, 1962

[H. Con. Res. 415]

 Resolved by the House of Representatives (the Senate concurring),
That there be printed for the use of the Committee on Un-American

Printing of additional copies.

 Activities two thousand additional copies of the publication entitled “Cumulative Index to Publications of the Committee on Un-American Activities, 1938-1954”, Eighty-fourth Congress, first session.
Passed July 18, 1962.
H. Con. Res. 417: “THE TRUTH ABOUT THE FILM ‘OPERATION ABOLITION’ ” House Concurrent Resolution 417 July 18, 1962
“THE TRUTH ABOUT THE FILM ‘OPERATION ABOLITION’ ”

July 18, 1962

[H. Con. Res. 417]

 Resolved by the House of Representatives (the Senate concurring),
That there be printed for the use of the Committee on Un-American

Printing of additional copies of report.

Activities twenty thousand additional copies each of parts 1 and 2 of House Report Numbered 1278, Eighty-seventh Congress, first session, entitled “The Truth About the Film ‘Operation Abolition’.”
Passed July 18, 1962.
H. Con. Res. 454: “HEARINGS ON SMALL BUSINESS PROBLEMS CREATED BY PETROLEUM IMPORTS” House Concurrent Resolution 454 July 18, 1962
“HEARINGS ON SMALL BUSINESS PROBLEMS CREATED BY PETROLEUM IMPORTS”

July 18, 1962

[H. Con. Res. 454]

 Resolved by the House of Representatives (the Senate concurring),
That there shall lie printed for the use of the Select Committee on

Printing of additional copies.

Small Business, House of Representatives, three thousand additional copies each of parts I, II, and appendixes of “Hearings on Small Business Problems Created by Petroleum Imports”, Eighty-seventh Congress, first, session.
Passed July 18, 1962.
H. Con. Res. 476: “JUDICIAL REVIEW OF VETERANS’ CLAIMS” House Concurrent Resolution 476 July 18, 1962
76 Stat. 1422 “JUDICIAL REVIEW OF VETERANS’ CLAIMS”

July 18, 1962

[H. Con. Res. 476]

 Resolved by the House of Representatives (the Senate concurring),

Additional copies of hearings.
That there shall be printed for the use of the Committee on Veterans’ Affairs one thousand additional copies of the hearings entitled “Judicial Review of Veterans’ Claims”, Eighty-seventh Congress, second session.
Passed July 18, 1962.
H. Con. Res. 480: “MOTOR VEHICLES, AIR POLLUTION AND HEALTH” House Concurrent Resolution 480 July 18, 1962
“MOTOR VEHICLES, AIR POLLUTION AND HEALTH”

July 18, 1962

[H. Con. Res. 480]

 Resolved by the House of Representatives (the Senate concurring),

Printing as House document.
That the report of the Public Health Service of the Department of Health, Education, and Welfare, entitled “Motor Vehicles, Air Pollution and Health”, prepared in compliance with the provisions of

74 Stat. 162.

Public Law 86–493, be printed as a House document; and that ten thousand additional copies be printed for the use of the Committee on Interstate and Foreign Commerce of the House of Representatives.
Passed July 18, 1962.
H. Con. Res. 347: GENERAL OF THE ARMY DOUGLAS MAC ARTHUR House Concurrent Resolution 347 July 23, 1962
GENERAL OF THE ARMY DOUGLAS MAC ARTHUR

July 23, 1962

[H. Con. Res. 347]

 Resolved by the House of Representatives (the Senate concurring),
That the thanks and appreciation of the Congress and the American people are hereby tendered to General of the Army Douglas MacArthur, in recognition of his outstanding devotion to the American people, his brilliant leadership during and following World War II, and the unsurpassed affection held for him by the people of the Republic of the Philippines which has done so much to strengthen the ties of friendship between the people of that nation and the people of the United States.
Passed July 23, 1962.
H. Con. Res. 505: CORRECTION OF H.R. 4700 House Concurrent Resolution 505 July 23, 1962
CORRECTION OF H.R. 4700

July 23, 1962

[H. Con. Res. 505]

 Resolved by the House of Representatives (the Senate concurring),

Ante, p. 209.
That the Clerk of the House of Representatives be authorized and directed in the enrollment of the bill H.R. 4700 to make the following changes in the engrossed House bill: (1) Page 2, strike out lines 13 to 16, inclusive. (2) Page 2, line 20, strike out “$37,000,000” and insert “$34,500,000”. (3) Page 4, line 12, strike out “$134,000” and insert “$103,000”. (4) Page 5, line 2, strike out “$355,000” and insert “$310,000”. (5) Page 5, line 5, strike out “$225,(MM)” and all that follows in that paragraph through line 7 and insert “$94,000”. (6) Page 5, strike out lines 11 to 16, inclusive. (7) Page 6, strike out lines 10 to 13, inclusive. (8) Page 6, line 16, change the period to a comma and insert “to remain available until expended.” (9) Page 6, strike out lines 18 to 20, inclusive. (10) Page 6, strike out lines 21 to 24, inclusive. (11) Page 7, strike out lines 1 to 5, inclusive. (12) Page 7, line 10, strike out “$40,000” and insert “$15,000”. (13) Page 7, strike out lines 15 to 18, inclusive. 76 Stat. 1423 (14) Page 7, strike out lines 19 to 23, inclusive, and page 8, strike out lines 1 and 2. (15) Page 8, line 9, strike out “$2,250,000” and insert “$2,120,000”. (16) 16) Page 8, strike out lines 14 to 16, inclusive. (17) Page. 8, strike out lines 19 and 20 and insert “In addition to the amount heretofore made available for travel expenses of employees, not to exceed $70,000 shall be available for such expenses from the appropriation to the Interstate Commerce Commission for the current fiscal year for ‘Salaries and expenses’.” (18) Page 9, strike out lines 1 to 4, inclusive. (19) Page9,strikeout lines 12 to 19,inclusive. (20) Page 10, line 14, strike out “including” and lines 15 and 16, and insert “$2,200,000”. (21) Page 10, strike out lines 17 to 19, inclusive. (22) Page 11, strike out lines 13 to 19, inclusive. (23) Page 12, line 2, strike out “$4,880,000” and insert “$4,690,000”. (24) Page 12, strike out lines 13 to 15, inclusive. (25) Page 12, line 20, strike out “$230,000” and insert “$110,000”. (26) Page 13, strike out lines 20 to 24, inclusive. (27) Page 14,strikeout lines 1 to3, inclusive. (28) Page 14,strikeout lines4to7, inclusive. (29) Page 14, strike out lines 17 to21, inclusive.
Passed July 23, 1962.
H. Con. Res. 506: CORRECTION IN ENROLLMENT OF H.R. 4700 House Concurrent Resolution 506 August 1, 1962
CORRECTION IN ENROLLMENT OF H.R. 4700

August 1, 1962

[H. Con. Res. 506]

 Resolved by the House of Representatives (the Senate concurring),
That the Clerk of the House or Representatives, in the enrollment of the bill (H.R. 4700) to establish standards for hours of work

Ante, p. 357.

and overtime pay of laborers and mechanics employed on work done under contract for, or with the financial aid of, the United States, for any territory, or for the District of Columbia, and for other purposes, is authorized and directed to make the following change, viz: On page 11, line 3, of the House engrossed bill, strike out “June 18, 1912” and insert “June 19, 1912”.
Passed August 1, 1962.
S. Con. Res. 76: IOANNIS CONSTANTELIAS Senate Concurrent Resolution 76 August 7, 1962
IOANNIS CONSTANTELIAS

August 7, 1962

[S. Con. Res. 76]

 Resolved by the Senate (the House of Representatives concurring),
That the Congress, in accordance with section 246(a) of the Immigration and Nationality Act (8 U.S.C.A. 1256(a)), withdraws the suspension

66 Stat. 217.

 of deportation in the case of loannis Constantelias (A–2044661) which was previously granted by the Attorney General and approved by the Congress.
Agreed to August 7, 1962.
H. Con. Res. 500: IMPACT OF IMPORTS AND EXPORTS ON EMPLOYMENT House Concurrent Resolution 500 August 9, 1962
IMPACT OF IMPORTS AND EXPORTS ON EMPLOYMENT

August 9, 1962

[H. Con. Res. 500]

 Resolved by the House of Representatives (the Senate concurring),
That there be printed for the use of the Committee on Education and

Additional copies of hearings.

Labor one thousand additional copies each of parts 2, 3, 6, and 7 of the hearings held by that committee on the impact of imports and exports on employment.
Passed August 9, 1962.
H. Con. Res. 503: FIRST INAUGURAL OF ABRAHAM LINCOLN—ANNIVERSARY House Concurrent Resolution 503 August 9, 1962
76 Stat. 1424 FIRST INAUGURAL OF ABRAHAM LINCOLN—ANNIVERSARY

August 9, 1962

[H. Con. Res. 503]

 Resolved by the House of Representatives (the Senate concurring),

Printing as House document.
That there shall be printed as a House Document the report of the Joint Committee on Arrangements To Commemorate the One-Hundredth Anniversary of the First Inaugural of Abraham Lincoln and that said report may include such illustrations as the joint committee may include. The preparation of material for printing and the selection of an appropriate binding shall be under the supervision of the subcommittee of the joint committee on arrangements for the commemorative ceremony, and said chairman shall cause to be printed seven thousand five hundred copies so as to furnish ten copies to the Vice President, each Senator, each Representative, and the Resident Commissioner from Puerto Rico; and the remainder be equally distributed by the joint committee through its chairman to the various organized groups, associations, and such people who assisted the joint committee in the preparation and development of the program.
Passed August 9, 1962.
S. Con. Res. 87: “MILITARY COLD WAR EDUCATION AND SPEECH REVIEW POLICIES” Senate Concurrent Resolution 87 August 30, 1962
“MILITARY COLD WAR EDUCATION AND SPEECH REVIEW POLICIES”

August 30, 1962

[S. Con. Res. 87]

 Resolved by the Senate (the House of Representatives concurring),

Additional copies of hearings.
That there be printed for the use of the Senate Committee on Armed Services not to exceed six thousand additional copies of all parts of the hearings entitled “Military Cold War Education and Speech Review Policies,” held by the Special Preparedness Subcommittee during the current session, and not to exceed six thousand additional copies of the report. thereon to be made to the Senate by that committee.
Agreed to August 30, 1962.
S. Con. Res. 88: CORRECTION IN ENROLLMENT OF S. 2321 Senate Concurrent Resolution 88 August 30, 1962
CORRECTION IN ENROLLMENT OF S. 2321

August 30, 1962

[S. Con. Res. 88]

 Resolved by the Senate (the House of Representatives concurring),

Ante, p. 534.
That, in the enrollment of the bill (S. 2321) to encourage and aid the development of reconstructive medicine and surgery and the development of medico-surgical research by authorizing the licensing of tissue banks in the District of Columbia, by facilitating antemortem and postmortem donations of human tissue for tissue bank purposes, and for other purposes, the Secretary of the Senate be, and he is hereby, authorized and directed to make the following change, viz: On page 5, line 19 of the engrossed bill, strike out the word “section”, where it appears the second time, and insert in lieu thereof “section 7,”.
Agreed to August 30, 1962.
H. Con. Res. 518: IRAN, EARTHQUAKE-EXPRESSION OF SYMPATHY House Concurrent Resolution 518 September 4, 1962
IRAN, EARTHQUAKE-EXPRESSION OF SYMPATHY

September 4, 1962

[H. Con. Res. 518]

 Resolved by the House of Representatives (the Senate concurring),
That the Congress of the United States has learned with shock and sorrow of the devastation caused by the recent earthquake in Iran, which resulted in the death of thousands of its people and injuries and loss of homes to many tens of thousands. The Congress, on behalf of the people of the United States, hereby expresses its deepest sympathy for the people of Iran.
Passed September 4, 1962.
H. Con. Res. 519: REENROLLMENT OF H.R. 4700 House Concurrent Resolution 519 September 4, 1962
76 Stat. 1425 REENROLLMENT OF H.R. 4700

September 4, 1962

[H. Con. Res. 519]

 Resolved by the House of Representatives (the Senate concurring),
That the President of the United States is requested to return to the House of Representatives the enrolled bill (H.R. 4700) to extend

Ante, p. 586.

 the application of certain laws to American Samoa. If and when said bill is returned by the President, the action of the Presiding Officers of the two Houses in signing said bill shall be deemed rescinded; and the Clerk of the House is authorized and directed to reenroll said bill in accordance with the conference report thereon adopted by the two Houses.
Passed September 4, 1962.
H. Con. Res. 508: “STRUCTURE AND ORGANIZATION OF THE COMMUNIST PARTY OF THE UNITED STATES” House Concurrent Resolution 508 September 14, 1962
“STRUCTURE AND ORGANIZATION OF THE COMMUNIST PARTY OF THE UNITED STATES”

September 14, 1962

[H. Con. Res. 508]

 Resolved by the House of Representatives (the Senate concurring),
That there be printed for the use of the Committee on Un-American

Additional copies of hearings.

 Activities ten thousand additional copies each of parts 1 and 2 of the hearings entitled “Structure and Organization of the Communist Party of the United States”, Eighty-seventh Congress, first session.
Passed September 14, 1962.
S. Con. Res. 86: DEPORT ATION SUSPENSIONS Senate Concurrent Resolution 86 September 18, 1962
DEPORT ATION SUSPENSIONS

September 18, 1962

[S. Con. Res. 86]

 Resolved by the Senate (the House of Representatives concurring),
That the Congress favors the suspension of deportation in the case of each alien hereinafter named, in which case the Attorney General has

Deportation suspensions.

suspended deportation pursuant to the provisions of section 244(a) (4) of the Immigration and Nationality Act (66 Stat. 214; 8 U.S.C. 1254): A–12269388, June, Wong Way; A–10758754, Dai, Chew Sin; A–12586379, Lum, Bak-Min; AA–28009, Lee, Kai Suen; A–11925176, Teng, James Wong; A–12261123, Kwan, Chan Chew; A–11721429, Fong, Chin Hoy; A–11948980, Ginn, Annie; A–7841723, Nurmeta, Nikolai; A–11596987, Lee, Gar Way; A–11596986, Lee, Won Wah; A–7876042, Lee, Sin Ha; A–8027478, Wiwczar, Michael; A–8091415, Soter, Gus; A–11433474, Gin, Win Gon; A–11170722, Huey, Thick Chu; A–12642507, Jew, Ming Wai; A–12249576, Kim, Duck Lee; A–789865O, Martino, Vincenzo; A–11629250, Quan Bing Kwong; A–11629274, Quan, Dong Guay You; A–11814222, Wong, Ngoon Fow; A–12671644, Yau, Chong Lew; A–10767929, Yee, Yat Hung; A–12648341, Keong, Leong; A–11598045, Moy, Fay Yen; A–12082442, Youn, Yin Yu; A–10772062, Chinn, Gwai Bun; A–11407947, Yee, Miu Lee; 76 Stat. 1426 A–11407955, Yee, Moo Tuk; A–11407951, Yee,Mun Hoy; A–12086307, Chung, Pak Jow; A–12671828, Wong, Gain Yuey; A–6017938, Edwards, George Eugene; A–12682571, Tom, Wai Yin; A–11805098, Wong, Doo Yen.
Sec. 2. That the Congress favors the suspension of deportation in the case of each alien hereinafter named, in which case the Attorney General has suspended deportation pursuant to the provisions of section 244(a) (5) of the Immigration and Nationality Act (66 Stat. 214; 8 U.S.C. 1254): A–11909555, Marquez-Paez, Raul; A–2395556, Pond, James Leo; A–2302786, Ochoa, Gilbert; A–2610759, Alvanos, Elias; A–10728848, Prieto-Guzman, Jesus; A–4386589, Contreras, Domingo; A–12640925, Wong, Sik Tong; A–2305713, Norrito, Mario; A–5420979, Gomez, Margarito; A–4049513, Jubera-Martinez, Alvaro; A–1087969, Tobar-Medina, Manuel; A–3599256, Mota, Augustine; A–5782421, Sedwick, William Anton; A–2652678, Gigliotti, Emilio; A–12336155, Hinterberg, Kurt; A–3820408, Mosqueda, Rutilio; A–5616730, Sestan, Giordano Bruno; A–2627998, Wong, Rose Chan; A–12655608, De La Cerda-Sarmento, Manuel; A–10940563, Shen, Shih Fang; A–10135562, Shen, Wei Fan; A–5479179, Veloz-Reyes, Ygnacio; A–12652444, Wong, Pon; A–12647207, Lew, Kim Yee; A–2443221, Romero-Madrigal, Juan; A–12652388, Won, You Hong.
Sec. 3. That the Congress favors the suspension of deportation in the case of each alien hereinafter named, in which case the Attorney General has suspended deportation for more than six months pursuant to section 19(c) of the Act of February 5, 1917, as amended (8 U.S.C.

62 Stat. 1206; 66 Stat. 279.

155(c)): A–8039129, Tsangaris, Constantinos; A–7189102, Kee, Mon.
Sec. 4.

Granting of permanent residence.

 The Congress approves the granting of the status of permanent residence in the case of each alien hereinafter named, in which case the Attorney General has determined that such alien is qualified under the provisions of section 6 of the Refugee Relief Act of 1953, as amended (67 Stat. 403, 68 Stat. 1044): A–12123633, Ah, Liang Tay; A–10257014, Djedda, Salim Haron; A–10255888, Braude, Simon.
Sec. 5.

The Congress approves the granting of the status of permanent residence in the case of the alien hereinafter named, in which case the Attorney General has determined that such alien is qualified under the provisions of section 4 of the Displaced Persons Act of 1948, as amended (62 Stat. 1011; 64 Stat. 219; 50 App. U.S.C. 1953):

A-7116387, Rock, Feiga Altmann.
Agreed to September 18, 1962.
H. Con. Res. 509: CHESTNUT TANNIN EXTRACT-DISPOSAL House Concurrent Resolution 509 September 20, 1962
76 Stat. 1427 CHESTNUT TANNIN EXTRACT-DISPOSAL

September 20, 1962

[H. Con. Res. 509]

 Resolved by the House of Representatives (the Senate concurring),
That the Congress expressly approve, pursuant to section 3(e) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(e)),

60 Stat. 597.

 the disposal of 12,245 long tons of chestnut tannin extract from the national stockpile.
Sec. 2. All funds derived from the sale authorized by this concurrent resolution shall be deposited into the Treasury as miscellaneous receipts.
Passed September 20, 1962.
H. Con. Res. 474: BETHEL HOME DEMONSTRATION CLUB House Concurrent Resolution 474 September 26, 1962
BETHEL HOME DEMONSTRATION CLUB

September 26, 1962

[H. Con. Res. 474]

 Whereas the Bethel Home Demonstration Club, founded in Sumter County, South Carolina, in March of 1915, was the first home demonstration club in the United States; and Whereas home demonstration clubs have been of great value to the people of the United States by aiding in the diffusion of knowledge and skills among the women of rural America; and Whereas Winthrop College, the South Carolina college for women, pioneered in developing the concepts and in providing leadership for the home demonstration club movement; and Whereas the year 1962 is the one hundredth anniversary year of the United States Department of Agriculture and of the land-grant college system: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring),
That the Congress of the United States recognizes that the Bethel Home Demonstration Club of the Bethel Community, Sumter County, South Carolina, was the first such club to be established in the United States, and extends its greetings and felicitations to the Bethel Home Demonstration Club on the occasion of the one hundredth anniversary year of the establishment of the United States Department of Agriculture and the land-grant college system.
Passed September 26, 1962.
S. Con. Res. 90: “STATE OF THE ECONOMY AND POLICIES FOR FULL EMPLOYMENT” Senate Concurrent Resolution 90 September 27, 1962
“STATE OF THE ECONOMY AND POLICIES FOR FULL EMPLOYMENT”

September 27, 1962

[S. Con. Res. 90]

 Resolved by the Senate (the House of Representatives concurring),
That there be printed for the use of the Joint Economic Committee

Additional copies of hearings.

five thousand additional copies of its hearings of the Eighty-seventh Congress, second session, entitled “State of the Economy and Policies for Full Employment”.
Agreed to September 27, 1962.
S. Con. Res. 91: POOLED COTTON ALLOTMENTS OF BILLIE SOL ESTES Senate Concurrent Resolution 91 September 27, 1962
POOLED COTTON ALLOTMENTS OF BILLIE SOL ESTES

September 27, 1962

[S. Con. Res. 91]

 Resolved by the Senate (the House of Representatives concurring),
That there be printed for the use of the (Committee on Government

Additional copies of hearing.

Operations two thousand additional copies of all parts of the hearing held by its Permanent Investigating Subcommittee during the current session on Department of Agriculture handling of pooled cotton allotments of Billie Sol Estes.
Agreed to September 27, 1962.
H. Con. Res. 569: CORRECTION IN ENROLLMENT OF H.R. 4700 House Concurrent Resolution 569 September 28, 1962
76 Stat. 1428 CORRECTION IN ENROLLMENT OF H.R. 4700

September 28, 1962

[H. Con. Res. 569]

 Resolved by the House of Representatives (the Senate concurring),

Ante, p. 809.
That the Clerk of the House of Representatives, in the enrollment of the bill (H.R. 4700) to encourage the establishment of voluntary pension plans by self-employed individuals, is authorized and directed in section 8 to strike out “1961” and insert in lieu thereof “1962”.
Passed September 28, 1962.
S. Con. Res. 53: TRAVEL ON U. S. FLAG AIR CARRIERS BY FEDERAL EMPLOYEES Senate Concurrent Resolution 53 October 1, 1962
TRAVEL ON U. S. FLAG AIR CARRIERS BY FEDERAL EMPLOYEES

October 1, 1962

[S. Con. Res. 53]

 Whereas Congress has by statute directed the preferential use of United States flag merchant vessels in connection with all travel by Government employees; and Whereas as a matter of general policy the executive branch of the Government has for many years urged the preferential use of United States flag air carriers by governmental employees and United States governmental departments and agencies have adopted regulations accordingly; and Whereas the development and preservation of a sound and strong United States civil air fleet is most vital to the national welfare and interest and its strength and prestige constantly maintained and preserved: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring),
That it is the sense of the Senate and the House of Representatives that when travel on official business is to be performed on civil aircraft by legislative and Government officers and employees, that said travel be performed by them on United States flag air carriers, except where travel on other aircraft (a) is essential to the official business concerned, or (b) is necessary to avoid unreasonable delay, expense, or inconvenience.
Agreed to October 1, 1962.
H. Con. Res. 513: “EDUCATION FOR ALL CHILDREN—WHAT WE CAN LEARN FROM ENGLAND” House Concurrent Resolution 513 October 2, 1962
“EDUCATION FOR ALL CHILDREN—WHAT WE CAN LEARN FROM ENGLAND”

October 2, 1962

[H. Con. Res. 513]

 Resolved by the House of Representatives (the Senate concurring),

Additional coppies of hearings.
That there, be printed for the use of the Committee on Appropriations, House of Representatives, twenty thousand additional copies of the hearings entitled “Education for All Children—What We Can Learn From England”.
Passed October 2, 1962.
H. Con. Res. 574: GEOLOGICAL SURVEY MAP OF U. S. House Concurrent Resolution 574 October 2, 1962
GEOLOGICAL SURVEY MAP OF U. S.

October 2, 1962

[H. Con. Res. 574]

 Resolved by the House of Representatives (the Senate concurring),

Compiling and printing of copies.
That there be compiled and printed fifty-eight thousand eight hundred copies of a wall map of the United States prepared for the Bureau of Land Management, Department of the Interior, by the Geological Survey, Department of the Interior, showing the extent of public surveys, national parks, national forests, Indian reservations, national wildlife refuges, and reclamation projects, size six and a half feet by four and a half feet, of which fifteen thousand copies shall be for the use of the Senate; and forty-three thousand eight hundred copies shall be for the use of the House of Representatives.
Passed October 2, 1962.
H. Con. Res. 581: CORRECTION IN ENROLLMENT OF H.R. 4700 House Concurrent Resolution 581 October 2, 1962
76 Stat. 1429 CORRECTION IN ENROLLMENT OF H.R. 4700

October 2, 1962

[H. Con. Res. 581]

 Resolved by the House of Representatives (the Senate concurring),

That in the enrollment of the bill (H.R. 4700) to authorize the Secretary

Ante, p. 907.

of the Interior to create trial boards for the United States Park Police, and for other purposes, the Clerk of the House is authorized and directed to make the following correction:

In Senate amendment numbered 3, strike out “discharges” and insert in lieu thereof “charges”.
Passed October 2, 1962.
H. Con. Res. 570: BERLIN House Concurrent Resolution 570 October 10, 1962
BERLIN

October 10, 1962

[H. Con. Res. 570]

 Whereas the primary purpose of the United States in its relations with all other nations is and has been to develop and sustain a just and enduring peace for all; and Whereas it is the purpose of the United States to encourage and support the establishment of a free, unified, and democratic Germany; and Whereas in connection with the termination of hostilities in World War II the United States, the United Kingdom, France, and the Soviet Union freely entered into binding agreements under which the four powers have the right to remain in Berlin, with the right of ingress and egress, until the conclusion of a final settlement with the Government of Germany; and Whereas no such final settlement has been concluded by the four powers and the aforementioned agreements continue in force: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring),
That it is the sense of the Congress— (a) that the continued exercise of United States, British, and French rights in Berlin constitutes a fundamental political and moral determination; (b) that the United States would regard as intolerable any violation by the Soviet Union directly or through others of those rights in Berlin, including the right of ingress and egress; (c) that the United States is determined to prevent by whatever means may be necessary, including the use of arms, any violation of those rights by the Soviet Union directly or through others, and to fulfill our commitment to the people or Berlin with respect to their resolve for freedom.
Passed October 10, 1962.
H. Con. Res. 583: PRINTING OF CONSTITUTION OF U. 8. House Concurrent Resolution 583 October 10, 1962
PRINTING OF CONSTITUTION OF U. 8.

October 10, 1962

[H. Con. Res. 583]

 Resolved by the House of Representatives (the Senate concurring),
That there lie printed for the use of the Committee on the Judiciary, House of Representatives, one hundred and eighty-five thousand copies of the Constitution of the United States and the amendments thereto, suitable for distribution as provided for by section 8 of the Act approved July 14, 1960 (74 Stat. 508; Public Law 86–650), as amended by S.J. Res. 60, to immigrants admitted for permanent

Ante, p. 757.

residence.
Passed October 10, 1962.
H. Con. Res. 584: ADJOURNMENT SINE DIE House Concurrent Resolution 584 October 13, 1962
76 Stat. 1430 ADJOURNMENT SINE DIE

October 13, 1962

[H. Con. Res. 584]

 Resolved by the House of Representatives (the Senate concurring),
That the two Houses of Congress shall adjourn on Saturday, October 13, 1962, and that when they adjourn on said day, they stand adjourned sine die.
Passed October 13, 1962.
H. Con. Res. 585: SIGNING OF ENROLLED BILLS, ETC. House Concurrent Resolution 585 October 13, 1962
SIGNING OF ENROLLED BILLS, ETC.

October 13, 1962

[H. Con. Res. 585]

 Resolved by the House of Representatives (the Senate concurring),
That notwithstanding the sine die adjournment of the two Houses, the Speaker of the House of Representatives and the President of the Senate be, and they are hereby, authorized to sign enrolled bills and joint resolutions duly passed by the two Houses and found truly enrolled.
Passed October 13, 1962.
PROCLAMATIONS

PROCLAMATIONS

 3435 October 2, 1961 VETERANS DAY 1961 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3435
VETERANS DAY 1961 By the President of the United States of America

October 2, 1961

 A Proclamation WHEREAS, the Congress has designated the eleventh of November as a legal holiday to be known as Veterans Day, and has dedicated

5 USC 87a.

it to the cause of world peace; and WHEREAS, the millions of our fellow citizens, who by their war-time service in the armed forces of our nation advanced that cause, know well the value of furthering that cause today; and WHEREAS, we, inspired by the strength of our dedication to peace in the past, can face with renewed vigor the difficult task of maintaining it in the present and in the future:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby invite all our citizens on Saturday, November 11, 1961, to observe Veterans Day with me in appropriate ceremonies expressive of our people’s desire for peace and their gratitude to our veterans who have served and sacrificed to attain it.

I also direct the appropriate officials of the Federal Government to arrange for the display of the flag of the United States on all public buildings on Veterans day,

I also call upon officials of the Federal and State Governments and upon local officials to encourage citizens groups and agencies of the press? radio, television and motion pictures to engage in appropriate activities to deepen the meaning and observance of Veterans Day throughout the land in cooperation with the Veterans Day National Committee and other organizations.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this second day of October in the year of our Lord nineteen hundred and sixty-one, and of the [seal] Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3436 September 28, 1961 NATIONAL DAY OF PRAYER, 1961 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3436
NATIONAL DAY OF PRAYER, 1961 By the President of the United States of America

September 28, 1961

 A Proclamation

Our founding fathers came to these shores trusting in God, and in reliance upon His grace. They charted the course of free institutions under a government deriving its powers from the consent of the people.143376 Stat. 1434In the General Congress assembled they appealed the rectitude of their intentions to the Supreme Judge of the world, and “with firm reliance on the protection of Divine Providence” they mutually pledged their lives, their fortunes, and their most sacred honor.

During the deliberations in the Constitutional Convention they were called to daily prayers, with the reminder in sacred Scripture it is written that “except the Lord build the house, they labor in vain that built it,” and they were warned that without the concurring aid of Providence they would succeed in the political building “no better than the builders of Babel.”

In every succeeding generation the people of this country have emulated their fathers in defending their liberties with their fortunes and their lives.

Conscious of our continuing need to bring our actions under the searching light of Divine Judgment, the Congress of the United States

66 Stat. 64.

36 USC 185.

by joint resolution approved on the seventeenth day of April 1952 provided that “The President shall set aside and proclaim a suitable day each year, other than a Sunday, as a National Day of Prayer, on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals.”

NOW, THEREFORE, I, JOHN FITZGERALD KENNEDY, President of the United States, do set aside and proclaim Wednesday, the fourth day of October 1961, as the National Day of Prayer.

Let us all pray, inviting as many as may be visitors in our country to join us in our prayers, each according to his own custom and faith, for our Nation and for all peoples everywhere in the world; and most especially—

For Divine guidance in our efforts to lead our children in the ways of truth; that they may have the best opportunities we can provide as an environment in which to grow in body, mind and spirit, and to the end they may be at their best in their day as the responsible trustees of the great heritage which has come to us from those who went before us;

For a spirit of wisdom and understanding, as we move toward new frontiers of cooperation and brotherhood to overcome the curse of hunger, of ignorance, of superstition and of disease, by harnessing scientific knowledge to moral purpose;

For willing hands and a spirit of dedication, that, in awareness that this Nation under God has achieved its great service to mankind through the toil and sacrifices and subordination of personal desires to common welfare, we may move forward in the unconquerable spirit of a free people, making whatever sacrifices that need be made to neutralize the evil designs of evil men, and to work for goals of human betterment that lie beyond our span of years;

For peace in our time with freedom and justice and dignity for all mankind; and

Recognizing our own shortcomings may we be granted forgiveness and cleansing, that God shall bless us and be gracious unto us, and cause His face to shine upon us as we stand everyone of us on this day in His Presence.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this twenty-eighth day of September in the year of our Lord nineteen hundred and sixty-[seal] one, and of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3437 October 4, 1961 NATIONAL FOREST PRODUCTS WEEK, 1961 Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1435 Proclamation 3437
NATIONAL FOREST PRODUCTS WEEK, 1961 By the President of the United States of America

October 4, 1961

 A Proclamation WHEREAS from its earliest history our Nation has depended upon its forest and timber lands as a source of products for its needs and progress; and WHEREAS our forest and timber lands, with their majestic beauty and universal appeal, provide recreation and inspiration to the people of the Nation; and WHEREAS through wise management, use, and renewal, and the development and application of scientific knowledge, our forest lands will continue to supply products for the ever-growing needs of the Nation—lumber, paper, building materials, chemicals, furniture, and cloth—all essentials in improving the lives of our people; and WHEREAS the Congress, in order to reemphasize the importance and heritage of our forest resources, has by a joint resolution approved September 13, 1960 (74 Stat. 898), designated the seven-day period

36 USC 163.

 beginning on the third Sunday of October in each year as National Forest Products Week, and has requested the President to issue annually a proclamation calling for the observance of that week:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby call upon the people of the United States to observe the week beginning October 15, 1961, as National Forest Products Week, with activities and ceremonies designed to focus attention on the importance of our forests and forest products to the Nation’s continued economic growth and well-being.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this Fourth day of October in the year of our Lord nineteen hundred and sixty-one, and [seal] of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3438 October 27, 1961 THANKSGIVING DAY, 1961 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3438
THANKSGIVING DAY, 1961 By the President of the United States of America

October 27, 1961

 A Proclamation

“It is a good thing to give thanks unto the Lord.”

More than three centuries ago, the Pilgrims, after a year of hardship and peril, humbly and reverently set aside a special day upon which to give thanks to God for their preservation and for the good harvest from the virgin soil upon which they had labored. Grave and unknown dangers remained. Yet by their faith and by their toil they had survived the rigors of the harsh New England winter. Hence they paused in their labors to give thanks for the blessings that had been bestowed upon them by Divine Providence.

76 Stat. 1436

This year, as the harvest draws near its close and the year approaches its end, awesome perils again remain to be faced. Yet we have, as in the past, ample reason to be thankful for the abundance of our blessings. We are grateful for the blessings of faith and health and strength and for the imperishable spiritual gifts of love and hope. We give thanks, too, for our freedom as a nation; for the strength of our arms and the faith of our friends; for the beliefs and confidence we share; for our determination to stand firmly for what we believe to be right and to resist mightily what we believe to be base; and for the heritage of liberty bequeathed by our ancestors which we are privileged to preserve for our children and our children’s children.

It is right that we should be grateful for the plenty amidst which we live: the productivity of our farms, the output of our factories, the skill of our artisans, and the ingenuity of our inventors. But in the midst of our thanksgiving, let us not be unmindful of the plight of those in many parts of the world to whom hunger is no stranger and the plight of those millions more who live without the blessings of liberty and freedom. With some we are able to share our material abundance through our Food-for-Peace Program and through our support of the United Nations Freedom-from-Hunger Campaign. To all we can offer the sustenance of hope that we shall not fail in our unceasing efforts to make this a peaceful and prosperous world for all mankind.

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, in consonance with the joint resolution of

55 Stat. 862.

5 USC 87b.

Congress approved December 26, 1941, which designates the fourth Thursday in November of each year as Thanksgiving Day, do hereby proclaim Thursday, the twenty-third day of November of this year, as a day of national thanksgiving.

I urge all citizens to make this Thanksgiving not merely a holiday from their labors, but rather a day of contemplation. I ask the head of each family to recount to his children the story of the first New England Thanksgiving, thus to impress upon future generations the heritage of this nation born in toil, in danger, in purpose, and in the conviction that right and justice and freedom can through man’s efforts persevere and come to fruition with the blessing of God.

Let us observe this day with reverence and with prayer that will rekindle in us the will and show us the way not only to preserve our blessings, but also to extend them to the four corners of the earth. Let us by our example, as well as by our material aid, assist all peoples of all nations who are striving to achieve a better life in freedom.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this twenty-seventh day of October in the year of our Lord nineteen hundred and sixty-[seal] one, and of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3439 November 15, 1961 ENLARGING THE SAGUARO NATIONAL MONUMENT, ARIZONA Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1437 Proclamation 3439
ENLARGING THE SAGUARO NATIONAL MONUMENT, ARIZONA By the President of the United States of America

November 15, 1961

 A Proclamation WHEREAS an area in Arizona possessing outstanding scientific interest because of its exceptional growth of various species of cacti has been established as the Saguaro National Monument by Proclamation No. 2032 of March 1, 1933; and

47 Stat. (Pt. 2) 2557.

 WHEREAS it appears that it would be in the public interest to add to the Saguaro National Monument certain lands lying within what is known as the Tucson Mountain Park which contain a remarkable display of relatively undisturbed lower Sonoran desert vegetation, including a saguaro stand which equals or surpasses saguaro stands elsewhere in the Nation; and WHEREAS the addition of these lands to the monument appears essential for their effective preservation and interpretation and for the implementation of the purposes of the Saguaro National Monument; and WHEREAS the Advisory Board on National Parks, Historic Sites, Buildings and Monuments, established pursuant to the act of August 21, 1935, 49 Stat. 666 (16 U.S.C. 463), impressed by the remarkable diversity of desert vegetation of this area and its significant wildlife qualities, has recommended its preservation by adding it to the Saguaro National Monument:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, by virtue of the authority vested in me by section 2 of the act of June 8, 1906, 34 Stat. 225 (16 U.S.C. 431), do proclaim as follows:

Subject to valid existing rights, the lands now owned by the United States within the exterior boundaries of the following-described tracts of land are hereby added to and reserved as a part of the Saguaro National Monument; and lands owned by the State, of Arizona within such boundaries shall become, and lie reserved as a part of that monument upon acquisition of title thereto by the United States:

Gila and Salt River Meridian, Arizona

T. 13 S., R. 11 E. Sections 13, 14, 15, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35 and 36 T. 13 S„ R. 12 E. Sections 6, 7, 8, 17 ,18, 19, 20, 29, 30 and 31: comprising 15,360 acres, more or less.

The boundaries of the Saguaro National Monument are modified accordingly.

The lands reserved as a part of the Saguaro National Monument by or pursuant to this proclamation shall be administered pursuant to the act of August 25, 1916, 39 Stat. 535 (16 U.S.C. 1–3), and acts supplementary thereto and amendatory thereof and shall be subject to all the laws and regulations applicable to that monument.

Warning is hereby expressly given to all unauthorized persons not to appropriate, injure, destroy, or remove any feature or object of this monument and not to locate or settle upon any of the lands thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

76 Stat. 1438

DONE at the City of Washington this fifteenth day of November in the year of our Lord nineteen hundred and sixty-one, and [seal] of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3440 December 1, 1961 DETERMINATION OF CUBAN SUGAR QUOTA TO SUPPLEMENT THE QUOTA ESTABLISHED BY PROCLAMATION NO. 3401 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3440
DETERMINATION OF CUBAN SUGAR QUOTA TO SUPPLEMENT THE QUOTA ESTABLISHED BY PROCLAMATION NO. 3401 By the President of the United States of America

December 1, 1961

 A Proclamation WHEREAS section 408(b)(1) of the Sugar Act of 1948, as

61 Stat. 933; 75 Stat. 40.

7 USC 1158.

amended by the act of March 31, 1961, provides that the President shall determine, notwithstanding any other provision of Title II of the Sugar Act of 1948? as amended, the quota for Cuba for the period ending June 30, 1962, m such amount or amounts as he shall find from time to time to be in the national interest, and further provides that in no event shall such quota exceed such amount as would be provided for Cuba under the terms of Title II of the Sugar Act of 1948, as amended, in the absence of section 408 (b); and WHEREAS section 408(b)(1) of the Sugar Act of 1948, as amended, further provides that determinations made by the President thereunder shall become effective immediately upon publication in the Federal Register; and WHEREAS section 408(b) (2) and section 408(b) (3) of the Sugar Act of 1948, as amended, authorize the President, subject to certain requirements, to cause or permit to be brought or imported into or marketed in the United States a quantity of sugar not in excess of the amount by which the quotas which would be established for Cuba under the terms of Title II of such Act exceed the quotas established for Cuba by the President pursuant to section 408(b) of the Act; and

24 F.R. 2849.

3 CFR. 1961 Supp.

75 Stat. 1041.

WHEREAS, by Proclamation No. 3401 of March 31, 1961, the President determined the quota for Cuba for the calendar year 1961, to be zero; and WHEREAS, pursuant to section 408(b)(1) of the Sugar Act of 1948, as amended, I find it to be in the national interest that the amount of the quotas for sugar and for liquid sugar for Cuba pursuant to the Sugar Act of 1948, as amended, for the six-month period ending June 30, 1962, should be zero:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority vested in me by section 408(b) of the Sugar Act of 1948, as amended, and section 301 of title 3 of the United States Code, and as President of the United States:

1. Do hereby determine that in the national interest the amount of the quotas for sugar and for liquid sugar for Cuba pursuant to the Sugar Act of 1948, as amended, for the six-month period ending June 30, 1962, shall be zero; and 2.

Do hereby continue the delegation to the Secretary of Agriculture of the authority vested in the President by section 408(b)(2) and section 408(b)(3) of the Sugar Act of 1948, as amended, such authority to be continued to be exercised with the concurrence of the Secretary of State.

76 Stat. 1439

This proclamation shall become effective immediately upon publication in the Federal Register.

24 F.R. 11714.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this first day of December in the dear of our Lord nineteen hundred and sixty-one and of the independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3441 December 1, 1961 IMMIGRATION QUOTAS Digitization Vendor By the President of the United States of America Proclamation Proclamation 3441
IMMIGRATION QUOTAS By the President of the United States of America

December 1, 1961

 A Proclamation WHEREAS under the provisions of section 202(a) of the Immigration and Nationality Act, each independent country, self-governing

66 Stat. 176.

8 USC 1152.

dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than independent countries of North, Central, and South America, is entitled to be treated as a separate quota area when approved by the Secretary of State: and WHEREAS under the provisions of section 201(b) of the Immigration and Nationality Act, the Secretary of

8 USC 1151.

State, the Secretary of Commerce, and the Attorney General, jointly, are required to determine the annual quota of any quota area established pursuant to the provisions of section 202(a) of the said Act, and to report to the President the quota of each quota area so determined; and WHEREAS under the provisions of section 202(e) of the said Act,

75 Stat. 654.

the Secretary of State, the Secretary of Commerce, and the Attorney General, jointly, are required to revise the quotas, whenever necessary, to provide for any political changes requiring a change in the list of quota areas; and WHEREAS the State of Kuwait, the former Sheikhdom of Kuwait, has been extended de jure recognition by the United States; and WHEREAS on June 1, 1961, the northern part of the former British Cameroons, a United Nations Trust Territory, united with the Federation of Nigeria; and WHEREAS on October 1, 1961, the southern part of the former British Cameroons, a United Nations Trust Territory, united with the former Republic of Cameroun to form the Federal Republic of Cameroon: and WHEREAS the Syrian Arab Republic was extended de jure recognition by the United States on October 10, 1961; and WHEREAS, under the provisions of section 202(e) of the Immigration and Nationality Act, as amended, the annual quota of any newly established quota area shall be not less than the sum total of quotas in effect immediately preceding the change in boundaries, change of administrative arrangements, or other political change requiring a change in the list of quota areas; and WHEREAS the Secretary of State, the Secretary of Commerce, and the Attorney General have jointly determined and reported to me the four immigration quotas hereinafter set forth: 76 Stat. 1440

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority vested in me by the aforesaid Act of Congress, do hereby proclaim and make known that the annual quotas of the quota areas hereinafter designated have been determined in accordance with the law to be, and shall be, as follows:

Quota Area Quota
Cameroon 151
Kuwait 100
Nigeria 149
Syria 100

The establishment of an immigration quota for any quota area is solely for the purpose of compliance with the pertinent provisions of the Immigration and Nationality Act and is not to be considered as having any significance extraneous to such purpose.

73 Stat. C59.

24 F.R. 4679.

3 CFR. 1959 Supp.

Proclamation No. 3298 of June 3, 1959, as amended, entitled “Immigration Quotas,” is further amended by the abolishment of the immigration quotas established for British Cameroons, Cameroun and Nigeria and by the addition of the immigration quotas established by this proclamation.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this first day of December in the year of our Lord nineteen hundred and sixty-one, and of the [seal] Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3442 December 9, 1961 HUMAN RIGHTS WEEK, 1961 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3442
HUMAN RIGHTS WEEK, 1961 By the President of the United States of America

December 9, 1961

 A Proclamation WHEREAS December 15, 1961, marks the one hundred and seventieth anniversary of the adoption of the first ten amendments to the Constitution of the United States, which are known as the Bill of Rights; and WHEREAS December 10, 1961, marks the thirteenth anniversary of the adoption by the United Nations General Assembly of the Universal Declaration of Human Rights as a common standard of achievement for all nations and all peoples; and WHEREAS the Universal Declaration of Human Rights gives fresh voice to the equal dignity and worth of every human being proclaimed in our own Declaration of Independence and in the Constitution of the United States; and WHEREAS the strongest guarantee of liberty is the cooperation of independent nations in defense of peace and justice, each in support of its own freedom and the rights of its own citizens;

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby proclaim the period of December 10 to December 17, 1961, as Human Rights Week, and I call upon the citizens of the United States to honor our heritage by study of 76 Stat. 1441these great documents and thereby gain new strength for the long struggle against the forces of terror that threaten the freedoms which give meaning to human existence—the right to speak without fear and to seek the truth regardless of frontiers; the right to worship in accord with conscience and to share the strength and glory of religion with our children; the right to determine our own institutions of government and to vote in secret for the candidate of our choice; the right to justice under law and to protection against arbitrary arrest; the right to labor and to join in efforts to improve conditions of work; the right to unite with our fellows, without distinction as to race, creed, or color, in tearing down the walls of prejudice, ignorance, and poverty wherever they may be, and to build ever firmer the foundations of liberty and equality for all.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to lie affixed.

DONE at the City of Washington this ninth day of December in the year of our Lord nineteen hundred and sixty-one, and of [seal] the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3443 December 28, 1961 ESTABLISHING THE BUCK ISLAND REEF NATIONAL MONUMENT IN THE VIRGIN ISLANDS OF THE UNITED STATES Digitization Vendor By the President of the United States of America Proclamation Proclamation 3443
ESTABLISHING THE BUCK ISLAND REEF NATIONAL MONUMENT IN THE VIRGIN ISLANDS OF THE UNITED STATES By the President of the United States of America

December 28, 1961

 A Proclamation WHEREAS Buck Island, situated off the northeast coast of St. Croix Island in the Virgin Islands of the United States, was included in the public, government, or crown lands ceded to the United States by Denmark under the convention entered into August 4, 1916, and proclaimed by the President January 25, 1917 (39 Stat. 1706); and WHEREAS all property thus acquired by the United States from Denmark, not reserved by the United States for public purposes prior to June 22, 1937, was placed under the control of the Government of the Virgin Islands by the act of June 22, 1936, 49 Stat. 1807 (48 U.S.C. 1405–1405c), with the legal title remaining in the United States; and WHEREAS Buck Island was not reserved by the United States for public purposes prior to June 22, 1937, but has been owned by the United States continuously since the convention with Denmark in 1916;and WHEREAS Buck Island and its adjoining shoals, rocks, and under-sea coral reef formations possess one of the finest marine gardens in the Caribbean Sea; and WHEREAS these lands and their related features are of great scientific interest and educational value to students of the sea and to the public; and 76 Stat. 1442 WHEREAS this unique natural area and the rare marine life which are dependent upon it are subject to constant threat of commercial exploitation and destruction; and WHEREAS the Advisory Board on National Parks, Historic Sites, Buildings and Monuments, established pursuant to the act of August 21, 1935, 49 Stat. 666 (16 U.S.C. 463), impressed by the caliber and scientific importance of the coral reefs of Buck Island, has urged their prompt protection to prevent further despoliation; and WHEREAS the Governor of the Virgin Islands, under the authority vested in him by the legislative assembly of the Virgin Islands by an act approved December 5, 1961, has relinquished to the United States, for the purposes of facilitating the establishment and administration of a national monument for the protection of the abovementioned areas and objects of historic and scientific interest, such control as is vested in the Government of the Virgin Islands by the said act of Congress dated June 22, 1936, over the area hereinafter described; subject, however, to the condition that the United States, including any agency or instrumentality thereof, shall not adopt or attempt to enforce any rule, regulation or requirement limiting, restricting or reducing the existing fishing (including the landing of boats and the laying of fishpots outside of the marine garden), bathing or recreational privileges by inhabitants of the Virgin Islands, and shall not charge any fees for admission to the area. WHEREAS it is in the public interest to preserve this area of outstanding scientific, aesthetic, and educational importance for the benefit and enjoyment of the people:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, under and by virtue of the authority vested in me by section 2 of the act of June 8, 1906, 34 Stat. 225 (16 U.S.C. 431), do proclaim that, subject to valid existing rights, there is hereby reserved and set apart, as the Buck Island Reef National Monument, the area embraced within lines drawn between the coordinates of latitude and longitude recited as follows:

Beginning at latitude 17’47’58” N., longitude 64’38’16” W.; thence approximately 10,450 feet to latitude 17’47’30” N., longitude 64’36’32” W.; thence approximately 1.500 feet to latitude 17’47’15” N., longitude 64’36’32” W.; thence approximately 4,500 feet to latitude 17’47’00” N; longitude 64’37’16” W.: thence approximately 8,600 feet to latitude 17’4735” N., longitude 64’38’37” W.: and thence approximately 3,075 feet to latitude 17’47’58” N., longitude 64’38’16” W., the place of beginning, embracing an area of approximately 850 acres.

WARNING is expressly given to all unauthorized persons not to appropriate, injure, destroy, deface, or remove any feature of this monument and not to locate or settle upon any of the lands reserved for the monument by this proclamation.

The Secretary of the Interior shall have the supervision, management, and control of this monument as provided in the act of Congress entitled “An act to establish a National Park Service, and for other purposes,” approved August 25, 1916, 39 Stat. 535 (16 U.S.C. 1–3), and all acts supplementary thereto and amendatory thereof: Provided, that neither the Department of the Interior, nor any other agency or instrumentality of the United States, shall adopt or attempt to enforce any rule, regulation or requirement limiting, restricting or reducing the existing fishing (including the landing of boats and the laying of fishpots outside of the marine garden), bathing or recreational privileges by inhabitants of the Virgin Islands, or charge any fees for admission to the area.

76 Stat. 1443

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this twenty-eighth day of December in the year of our Lord nineteen hundred and [seal] sixty-one, and of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3444 January 5, 1962 HOMESTEAD CENTENNIAL YEAR Digitization Vendor By the President of the United States of America Proclamation Proclamation 3444
HOMESTEAD CENTENNIAL YEAR By the President of the United States of America

January 5, 1962

 A Proclamation WHEREAS May 20, 1962, marks the centennial of the enactment of the Homestead Act (12 Stat. 392), approved by President Lincoln, inducing settlement and cultivation of the undeveloped public lands and the establishment of homes thereon; and WHEREAS the granting of patents to more than 270 million acres of public domain lands has promoted the economic, social, and political development of this country through the establishment of farms, ranches, and communities and has provided the foundation for our highly productive agricultural economy; and WHEREAS the Homestead Act and supplemental acts of Congress, which are unique and distinctively American, stand as a tribute to the wisdom of those responsible for their enactment, in providing for the settlement of the public lands and thereby contributing to our free enterprise system by offering landless and laboring people an opportunity to acquire lands to provide for the needs of their families; and WHEREAS the Homestead Act and supplemental acts provide for the further recognition of those who have served in the armed forces of the United States; and WHEREAS specific Federal administration of the lands of the public domain began one hundred and fifty years ago with the establishment on April 25, 1812, of the General Land Office, now the Bureau of Land Management in the Department of the Interior, and the development of the West has been coextensive with, and based substantially upon, the acquisition, use, and disposal of these lands; and WHEREAS the Nation’s public lands have contributed to the development and maintenance of the land-grant colleges and universities and the transcontinental and other railroads, and constitute the resource from which our national forest and park systems have been created; and WHEREAS the approximately 477 million acres of public domain, under the administration of the Department of the Interior, constitute a vital and necessary national land reserve, a trust dedicated to the greatest use and benefit of the public; and 76 Stat. 1444 WHEREAS the Congress, by a joint resolution approved September 22, 1961 (75 Stat. 571), has requested the President to issue a proclamation designating the calendar year 1962 as the centennial of the enactment of the Homestead Act:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby designate the year 1962 as Homestead Centennial Year.

I call upon the Governors of the States, mayors of cities, and other public officials, as well as other persons, organizations, and groups, particularly in the States most directly affected by the Homestead Act, to observe such centennial by appropriate celebrations and ceremonies.

I request the Department of the Interior to plan and participate in appropriate commemorative activities recognizing the centennial of the enactment of the Homestead Act and the sesquicentennial of the establishment of the General Land Office; and I also request the Department of the Interior and other Federal agencies to cooperate fully with State and local governments during 1962 in commemorating these events.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

Done at the City of Washington this fifth day of January in the year of our Lord nineteen hundred and sixty-two, and of the [seal] Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3445 January 16, 1962 LAW DAY, U.S.A., 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3445
LAW DAY, U.S.A., 1962 By the President of the United States of America

January 16, 1962

 A Proclamation WHEREAS one of the great challenges of our age is man’s struggle to sustain individual freedom, human dignity, and justice for all; and WHEREAS one of the vital bulwarks in that struggle is the rule of law which underlies our whole social, economic and governmental structure, and through which we strive constantly to broaden and secure for all our citizens the rights and opportunities guaranteed by the Constitution and the Bill of Rights; and WHEREAS the strengthening of the rule of law’ in our own country directly concerns every citizen because it is of fundamental importance both to the nation’s welfare at home and to our hopes for building an enduring structure of world peace through wider application of the rule of law in relations between nations; and WHEREAS, just as freedom itself demands constant vigilance, it is essential that we nurture through education and example an appreciation of the values of our system of justice and that we foster through improved understanding of the function of law and of independent courts an increased respect for law and for the rights of others as basic elements of our free society; and 76 Stat. 1445 WHEREAS the Congress of the United States, by a joint resolution approved April 7, 1961, 75 Stat. 43, has designated the first day

36 USC 164.

of May of each year as Law Day, U.S.A.; has called upon the American people to rededicate themselves to “the ideals of equality and justice under law in their relations with each other as well as with other nations” and to cultivate “that respect for law that is so vital to the democratic way of life”; and has requested the President to issue a proclamation calling for appropriate observance of that day:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby request that the people of the United States observe Tuesday, May 1, 1962, with appropriate programs and ceremonies in recognition of Law Day, U.S.A. I especially urge that the schools, civic and service organizations, public bodies, the legal profession and the media of information participate in this worthy educational undertaking. I also call upon public officials to cause the flag of the United States to be displayed on all government buildings on that day.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 16th day of January in the year of our Lord nineteen hundred and sixty-two, and of the [seal] Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3446 January 24, 1962 RED CROSS MONTH, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3446
RED CROSS MONTH, 1962 By the President of the United States of America

January 24, 1962

 A Proclamation WHEREAS the American National Red Cross is officially designated by the Congress to act in matters of voluntary relief for uniformed personnel of the Armed Forces and their families; and WHEREAS this vital contribution to national morale must necessarily be expanded whenever world tension requires a substantial increase in the strength of our armed services; and WHEREAS, under Federal laws and regulations, the Red Cross renders emergency aid to victims of disaster and assists with the recovery and rehabilitation of those in need of help in the wake of those disasters; and WHEREAS, together with eighty-six other societies affiliated in the League of Red Cross Societies, the American Red Cross participates in a program of international relief, and in concert with those societies provides technical assistance to other members of the worldwide Red Cross organization; and WHEREAS the American Red Cross and its local chapters carry on programs of training in first aid and home nursing and engage in the collection and distribution of blood both of which services make an important contribution to the general welfare of the American people and, more particularly, are an essential part of the National Emergency Preparedness activities of this Nation; and 76 Stat. 1446 WHEREAS these essential services are voluntarily rendered to the Government of the United States and the American people by the members and volunteers of the Red Cross:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America and Honorary Chairman of the American National Red Cross, do hereby designate March 1962 as Red Cross Month; and I urge all Americans to honor the Red Cross during that month by supporting it as a channel of humanitarian assistance for their neighbors in need.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 24th day of January in the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3447 February 3, 1962 EMBARGO ON ALL TRADE WITH CUBA Digitization Vendor By the President of the United States of America Proclamation Proclamation 3447
EMBARGO ON ALL TRADE WITH CUBA By the President of the United States of America

February 3, 1962

 A Proclamation WHEREAS the Eighth Meeting of Consultation of Ministers of Foreign Affairs, Serving as Organ of Consultation in Application of the Inter-American Treaty of Reciprocal Assistance, in its Final Act resolved that the present Government of Cuba is incompatible with the principles and objectives of the Inter-American system; and, in light of the subversive offensive of Sino-Soviet Communism with which the Government of Cuba is publicly aligned, urged the member states to take those steps that they may consider appropriate for their individual and collective self-defense;

22 USC 2369.

WHEREAS the Congress of the United States, in section 620(a) of the Foreign Assistance Act of 1961 (75 Stat. 445), as amended, has authorized the President to establish and maintain an embargo upon all trade between the United States and Cuba; and WHEREAS the United States, in accordance with its international obligations, is prepared to take all necessary actions to promote national and hemispheric security by isolating the present Government of Cuba and thereby reducing the threat posed by its alignment with the communist powers:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under the authority of section 620(a) of the Foreign Assistance Act of 1961 (75 Stat. 445), as amended, do

1. Hereby proclaim an embargo upon trade between the United States and Cuba in accordance with paragraphs 2 and 3 of this proclamation. 2. Hereby prohibit, effective 12:01 A.M., Eastern Standard Time, February 7, 1962, the importation into the United States of all goods of Cuban origin and all goods imported from or through Cuba; and I hereby authorize and direct the Secretary of the Treasury to carry out such prohibition, to make such exceptions thereto, by license or otherwise, as he determines to be consistent with the effective operation 76 Stat. 1447of the embargo hereby proclaimed, and to promulgate such rules and regulations as may be necessary to perform such functions. 3.

AND FURTHER, I do hereby direct the Secretary of Commerce, under the provisions of the Export Control Act of 1949, as amended (50 U.S.C. App. 2021–2032), to continue to carry out the prohibition

63 Stat. 7.

of all exports from the United States to Cuba, and I hereby authorize him, under that Act, to continue, make, modify or revoke exceptions from such prohibition.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

DONE at the City of Washington this third day of February, in the year of our Lord nineteen hundred and sixty-two, and of [seal] the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3448 February 5, 1962 IMPORTS OF SHMURAH WHEAT FLOUR FOR RELIGIOUS PURPOSES Digitization Vendor By the President of the United States of America Proclamation Proclamation 3448
IMPORTS OF SHMURAH WHEAT FLOUR FOR RELIGIOUS PURPOSES By the President of the United States of America

February 5, 1962

 A Proclamation WHEREAS, pursuant to section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. 624), the President issued Proclamation No. 2489 of May 28, 1941, which was amended by Proclamation No. 2550 of April 13, 1942, and further amended by Proclamation

55 Stat. (Pt. 2) 1649.

56 Stat. (Pt. 2) 1950.

57 Stat. (Pt. 2) 73S.

 No. 2584 of April 29, 1943, limiting the quantities of wheat and wheat flour which may be entered or withdrawn from warehouse for consumption; and WHEREAS certain persons require Shmurah wheat flour in the observance of the Passover holiday, which begins April 19, 1962; and WHEREAS Shmurah wheat flour is wheat flour that has been thoroughly safeguarded for ritual purposes under rabbinical supervision and which is imported into the United States for use solely for religious and ritual purposes in the making of matzos for Passover; and WHEREAS the limitations imposed upon the importation of wheat and wheat flour by Proclamation No. 2489, as amended, were never intended to apply to Shmurah wheat flour; and WHEREAS the estimated quantity of Shmurah wheat flour which would be imported into the United States during any one year would be so insignificant that it could not possibly render or tend to render ineffective, nor materially interfere with, the price-support program undertaken by the Department of Agriculture with respect to wheat; and WHEREAS it is deemed advisable to clarify the scope of Proclamation No. 2489, as amended, in this respect in order to simplify the administration of the proclamation:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority vested in me by section 22 of the Agricultural Adjustment Act, as amended, do hereby proclaim that the provisions of Proclamation No. 2489, as amended, shall not be deemed to apply to Shmurah wheat 76 Stat. 1448flour produced in Israel and entered or withdrawn from warehouse for consumption on and after February 1, 1962: Provided, That the written approval of the Secretary of Agriculture or his designated representative is presented at the time of entry or withdrawal from warehouse for consumption. For the purposes of this proclamation “Shmurah wheat flour” means wheat flour which has been thoroughly safeguarded for ritual purposes under rabbinical supervision, as certified to the Secretary of Agriculture by an authorized representative of the government of Israel or its designee, and which is imported into the United States for use solely for religious and ritual purposes in the making of matzos for Passover.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this fifth day of February in the year of our Lord nineteen hundred and sixty-two, and of [seal] the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3449 February 7, 1962 NATIONAL POISON PREVENTION WEEK Digitization Vendor By the President of the United States of America Proclamation Proclamation 3449
NATIONAL POISON PREVENTION WEEK By the President of the United States of America

February 7, 1962

 A Proclamation WHEREAS accidental poisoning consistently takes a substantial toll of lives each year, especially among very young children; and WHEREAS virtually all deaths attributable to this cause could be prevented; and WHEREAS prevention of accidental poisoning can best be promoted through a vigorous program designed to alert parents and others responsible for protection of children against this hazard; and

36 USC 165.

WHEREAS by a joint resolution approved September 26, 1961 (75 Stat. 681), the Congress has requested the President to issue annually a proclamation designating the third week in March as National Poison Prevention Week:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby proclaim the week beginning March 18, 1962, as National Poison Prevention Week.

I direct the appropriate agencies of the Federal Government, and I invite State and local governments and organizations interested in child safety, to participate actively in programs intended to promote better protection against accidental poisonings.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this seventh day of February in the year of our Lord nineteen hundred and sixty-two, and of [seal] the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3450 February 26, 1962 NATIONAL DEFENSE TRANSPORTATION DAY, 1962 Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1449 Proclamation 3450
NATIONAL DEFENSE TRANSPORTATION DAY, 1962 By the President of the United States of America

February 26, 1962

 A Proclamation WHEREAS the transportation industry is one of our Nation’s most important industries and affects our economic, political, and social development; and WHEREAS an effective transportation system is an essential element of our national defense; and WHEREAS it is appropriate that recognition be given to the American transportation system, the development and maintenance of which has contributed so extensively to the growth, culture, and prosperity of our people in peaceful trade and world commerce and in effective logistic support of our armed forces; and WHEREAS the Congress, by a joint resolution approved May 16, 1957 (71 Stat. 30), has requested the President annually to issue a

36 USC 160.

proclamation designating the third Friday of May of each year as National Defense Transportation Day and urging the people of the United States—including labor, management, users, and investors in all communities served by any of the various forms of transportation by land, by water, and by air—to observe this occasion by appropriate ceremonies:

NOW, THEREFORE, I JOHN F. KENNEDY, President of the United States of America, do hereby designate Friday, May 18, 1962, as National Defense Transportation Day, and I urge our people to join in the observance of this day, in cooperation with the transportation industry and representatives of the armed forces and other governmental agencies, and to participate in the observance of this occasion by appropriate ceremonies.

I also invite the Governors of the States to provide for the observance of National Defense Transportation Day in such manner as will afford an opportunity for the citizens of each community to recognize and appreciate fully the vital role of a great modem transportation system in their daily lives and in our national defense.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this twenty-sixth day of February in the year of our Lord nineteen hundred and sixty-two, [seal] and of the Independence of the United States of America the one hundred and eighty-sixty

h. John F. Kennedy By the President: Dean Rusk, Secretary of State.
3451 February 26, 1962 NATIONAL FARM SAFETY WEEK, 1962 Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1450 Proclamation 3451
NATIONAL FARM SAFETY WEEK, 1962 By the President of the United States of America

February 26, 1962

 A Proclamation WHEREAS accidents result in disabling injuries and often death to a million farm residents each year; and WHEREAS those farm accidents are responsible for needless suffering and incapacity, and cause wasteful economic losses to both the farm community and the Nation; and WHEREAS all Americans are concerned about the safety and well-being of farm families from whom we receive our abundance of food and other essential agricultural commodities; and WHEREAS nearly one hundred thousand voluntary leaders, two million farm families and one million 4-H Club boys and girls actively participated in the farm, home, and highway safety training program last year; and WHEREAS the annual records show a notable and steady decline in the number and rate of accidents among farm people as a direct result of this national program of self-training under sound guidance; and WHEREAS that decline in farm accidents demonstrates the value of community and national farm safety activities:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby call on the people of the Nation to observe the week beginning July 22, 1962, as National Farm Safety Week, and I urge all citizens in our great farm community to actively heed the theme “Family Safety—At Work and Play.”

I also urge all persons and organizations allied with agriculture to join in a strong, concerted effort to reduce the number of farm, home, and highway accidents.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 26th day of February in the year of our Lord nineteen hundred and sixty-two, and of the [seal] Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3452 February 26, 1962 PAN AMERICAN DAY AND PAN AMERICAN WEEK, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3452
PAN AMERICAN DAY AND PAN AMERICAN WEEK, 1962 By the President of the United States of America

February 26, 1962

 A Proclamation WHEREAS April 14, 1962, will be the seventy-second anniversary of the establishment by the American Republics of our inter-American system, now known as the Organization of American States; and 76 Stat. 1451 WHEREAS the people and the Government of the United States are allied with their good neighbors, the other free Republics of this Hemisphere, in their resolution to remain free and their obligation to defend the foundations of freedom; and WHEREAS the free peoples of this Hemisphere have likewise joined in an Alliance for Progress with the objective of homes, work and land, health and schools for all citizens, so that freedom may be assured an environment in which it can develop and stay strong; and WHEREAS the United States of America throughout these seventy-two years has supported staunchly those ideals of cooperation for the common good and solidarity for the common safeguard, both basic to our inter-American system, through which, in the words of the late President Franklin D. Roosevelt, the peoples of the Americas have developed a faith in freedom and its fulfillment arising “from a common hope and a common design given us by our fathers in differing form but with a simple aim: freedom and security of the individual, which has become the foundation of our peace”:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby proclaim Saturday, April 14, 1962, as Pan American Day, and the period from April 8 through April 14, 1962, as Pan American Week; and I call upon the Governors of the fifty States of the Union, the Governor of the Commonwealth of Puerto Rico, and the Governors of all other areas under the United States flag to issue similar proclamations.

I also urge all United States citizens and interested organizations to participate in commemorating Pan American Day and Pan American Week in view of the importance of inter-American friendship to our own national welfare and that of the neighbor Republics, and in testimony to the circumstances of culture, geography, and history which have allied our destinies as defenders of liberty within law.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 26th day of February in the year of our Lord nineteen hundred and sixty-two, and of [seal] the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3453 March 5, 1962 NATIONAL SAFE BOATING WEEK, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3453
NATIONAL SAFE BOATING WEEK, 1962 By the President of the United States of America

March 5, 1962

 A Proclamation WHEREAS many millions of our fellow countrymen are engaged in recreational boating; and WHEREAS increasing public participation in this healthy, outdoor sport has emphasized the need for greater attention to courtesy and safety to minimize boating incidents of the type which often lead to boating mishaps; and WHEREAS concerted community action is required to attain the goal of making boating one of the safest family sports; and 76 Stat. 1452 WHEREAS, in recognition of the value of maintaining high safety standards on our waterways, the Congress, by a joint resolution approved

36 USC 161.

 June 4, 1958 (72 Stat. 179), has requested the President to proclaim annually the week that includes the Fourth of July as National Safe Boating Week:

NOW, THEREFORE, I, JOHN F. KENNEDY, PRESIDENT OF THE UNITED STATES OF AMERICA, do hereby designate the week beginning July 1, 1962, as National Safe Boating Week.

In pursuance of the objectives of this Proclamation, I urge all persons, organizations, and Governmental agencies interested in recreational boating and safety afloat to publicize and observe National Safe Boating Week.

I also invite the Governors of the States, the Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States to join in this observance.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 5th day of March in the year of our Lord nineteen hundred and sixty-two, and of the Independence [seal] of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3454 March 19, 1962 MODIFICATION OF TRADE AGREEMENT CONCESSION AND ADJUSTMENT OF DUTY ON CERTAIN MACHINE-WOVEN PILE FLOOR COVERINGS Digitization Vendor By the President of the United States of America Proclamation Proclamation 3454
MODIFICATION OF TRADE AGREEMENT CONCESSION AND ADJUSTMENT OF DUTY ON CERTAIN MACHINE-WOVEN PILE FLOOR COVERINGS By the President of the United States of America

March 19, 1962

 A Proclamation 1. WHEREAS, pursuant to the authority vested in him by the Constitution and the statutes, including section 350 of the Tariff Act of 1930, as amended (19 U.S.C. 1351), on October 30, 1947 the President entered into a trade agreement with certain foreign countries, which trade agreement consists of the General Agreement on Tariffs and Trade, including a schedule of United States concessions, and the Protocol of Provisional Application of the General Agreement on Tariffs and Trade, together with a Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment (61 Stat. (Pts. 5 and 6) A7, All, and A2051), and by Proclamation No. 2761A of December 16, 1947 (61 Stat. (Pt. 2) 1103) be proclaimed such modifications of existing duties and other import restrictions of the United States and such continuance of existing customs or excise treatment of articles imported into the United States as were then found to be required or appropriate to carry out that agreement on and after January 1, 1948, which proclamation has been supplemented by several subsequent proclamations; 2. WHEREAS the said General Agreement has been supplemented by several subsequent agreements, including the Sixth Protocol of Supplementary Concessions to the General Agreement on Tariffs and Trade of May 23, 1956 (7 UST (Pt. 2) 1086), and the President, by 76 Stat. 1453Proclamation No. 3140 of June 13, 1956 (70 Stat. C33), proclaimed such modifications of existing duties and other import restrictions of the United States and such continuance of existing customs or excise treatment of articles imported into the United States as were then found to be required or appropriate to carry out the said agreements on and after June 30, 1956; 3. WHEREAS the trade agreement specified in the second recital of this proclamation included a supplementary schedule of United States concessions, hereinafter referred to as “Schedule XX-1956”; 4. WHEREAS the prevailing United States tariff concession under the General Agreement on Tariffs and Trade, as supplemented, on

Wilton carpets, rugs, and mats; Brussels carpets, rugs and mats; velvet or tapestry carpets, rugs, and mats; and carpets, rugs, and mats of like character or description

(hereinafter referred to as “the designated machine-woven pile floor coverings”) is included in item 1117(a) in Part I of Schedule XX-1956, and the current United States duty reflecting the said prevailing tariff concession is that specified in Column “C” of said item 1117(a);

 5. WHEREAS the United States Tariff Commission has submitted to me a report of its Investigation No. 7–104 under section 7 of the Trade Agreements Extension Act of 1951, as amended (19 U.S.C. 1364), on the basis of which investigation, and a hearing held in connection therewith, the Commission has found that, as a result in part of the duty reflecting the concession referred to in the fourth recital of this proclamation, the designated machine-woven pile floor coverings are being imported into the United States in such increased quantities, both actual and relative, as to cause serious injury to the domestic industry producing like products; and that, in order to remedy serious injury to such industry, it is necessary to increase the duty on the designated machine-woven pile floor coverings to 40 per centum ad valorem; 6. WHEREAS, upon the modification of the said item 1117(a) in Part I of Schedule XX-1956 as hereinafter proclaimed, it will be appropriate, to carry out the said General Agreement, to apply to the designated machine-woven pile floor coverings a duty of 40 per centum ad valorem: NOW THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under the authority vested in me by section 350(a) of the Tariff Act of 1930, as amended, and by section 7(c) of the Trade Agreements Extension Act of 1951, as amended,

19 USC 1364.

and in accordance with the provisions of Article XIX of the said General Agreement, do proclaim that, effective after the close of business April 18, 1962, and until the President otherwise proclaims— (a) the descriptions of products in the said item 1117(a) in Part I of Schedule XX-1956 and the pertinent rate in column “C” are hereby modified to read as follows:
Tariff Act of 1930 paragraph Description of Products Rates of Duty
C
1117(a) Axminster carpets, rugs, and mats, not specially provided for; Wilton carpets, rugs, and mats; Brussels carpets, rugs, and mats; velvet or tapestry carpets, rugs, and mats; and carpets, rugs, and mats, of like character or description; all the foregoing, regardless of value:  
Axminster carpets, rugs, and mats, not specially provided for, and carpets, rugs, and mats, like such Axminster carpets, rugs, and mats in character or description 21% ad val.
  Other 40% ad val.

and

 76 Stat. 1454 (b)

the provisions of item 1117(a) in Part I of Schedule XX-1956, as modified by (a) above, shall be applied and all inconsistent provisions of proclamations of the President heretofore issued under the authority of section 350 of the Tariff Act of 1930 are suspended.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this nineteenth day of March in the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3455 March 19, 1962 MODIFICATION OF TRADE AGREEMENT CONCESSIONS AND ADJUSTMENT OF DUTIES ON CYLINDER, CROWN, AND SHEET GLASS Digitization Vendor By the President of the United States of America Proclamation Proclamation 3455
MODIFICATION OF TRADE AGREEMENT CONCESSIONS AND ADJUSTMENT OF DUTIES ON CYLINDER, CROWN, AND SHEET GLASS By the President of the United States of America

March 19, 1962

 A Proclamation 1. WHEREAS, pursuant to the authority vested in him by the Constitution and the statutes, including section 350 of the Tariff Act of 1930, as amended (19 U.S.C. 1351), on October 30, 1947 the President entered into a trade agreement with certain foreign countries, which trade agreement consists of the General Agreement on Tariffs and Trade, including a schedule of United States concessions, and the Protocol of Provisional Application of the General Agreement on Tariffs and Trade, together with a Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment (61 Stat. (Pts. 5 and 6) A7, All, and A2051), and by Proclamation No. 2761A of December 16, 1947 (61 Stat. (Pt. 2) 1103) he proclaimed such modifications of existing duties and other import restrictions of the United States and such continuance of existing customs or excise treatment of articles imported into the United States as were then found to be required or appropriate to carry out that agreement on and after January 1, 1948, which proclamation has been supplemented by several subsequent proclamations; 2. WHEREAS the said General Agreement has been supplemented by several subsequent agreements, including the Sixth Protocol of Supplementary Concessions to the General Agreement on Tariffs and Trade of May 23, 1956 (7 UST (Pt. 2) 1086), and Proclamation No. 3140 of June 13, 1956 (70 Stat. C33), proclaimed such modifications of existing duties and other import restrictions of the United States and such continuance of existing customs or excise treatment of articles imported into the United States as were then found to be required or appropriate to carry out the said agreements on and after June 30, 1956; 3. WHEREAS the trade agreement specified in the second recital of this proclamation included a supplementary schedule of United States concessions, hereinafter referred to as “Schedule XX-1956”; 4. WHEREAS the prevailing United States tariff concessions under the General Agreement on Tariffs and Trade, as supplemented, with respect to the duties that may be imposed under paragraph 219 of the

19 USC 1001, par. 219.

Tariff Act of 1930 on cylinder,.crown, and sheet glass are included in 76 Stat. 1455item 219 in Part I of Schedule XX-1956, and the current United States duties reflecting the said prevailing tariff concessions are those specified in the said item 219 as follows:
Tariff Act of 1930 par. Description of Products Rates of Duty
B C
219 Cylinder, crown, and sheet glass, by whatever process made, and for whatever purpose used:  
Not over 384 square inches _ _ _ _ _ _ _ _ _ _ 0.7¢ per lb.
Over 384 but not over 864 square inches 0.9¢
Over 864 but not over 2400 square inches _ _ _ _ _ _ _ _ _ _ 1.1¢ per lb.
Over 2400 square inches _ _ _ _ _ _ _ _ _ _ 1.4¢ per lb.
Provided: That none of the foregoing weighing under 16 ounces but not under 12 ounces per square foot shall be subject to a less rate of duty than. _ _ _ _ _ _ _ _ _ _ 17% ad val.
 
5. WHEREAS the United States Tariff Commission has submitted to me a report of its Investigation No. 7–101 under section 7 of the Trade Agreements Extension Act of 1951, as amended (19 U.S.C. 1364), on the basis of which investigation, and a hearing held in connection therewith, the Commission has found that, as a result in part of the duties reflecting the concessions granted thereon in the said General Agreement, as supplemented, cylinder, crown, and sheet glass provided for in paragraph 219 of the Tariff Act of 1930 (except such glass weighing not over 4 ounces per square foot), whether or not subject to additional duties under paragraph 224 of the said Act, is being imported into the United States in such increased quantities, both actual and relative, as to cause serious injury to the domestic industry producing like products; and that, in order to remedy the serious injury to the domestic industry concerned, it is necessary that there be applied to such glass the duties hereinafter proclaimed; 6.

WHEREAS, upon modification of the said prevailing concessions as hereinafter proclaimed, it will be appropriate, to carry out the said General Agreement, to apply to the glass referred to in the fifth recital of this proclamation the duties hereinafter proclaimed:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under the authority vested in me by section 350(a) of the Tariff Act of 1930, as amended, and by section 7(c) of the Trade Agreements Extension Act of 1951, as amended, and in accordance with the provisions of Article XIX of the said General Agreement, do proclaim that, effective after the close of business April 18, 1962, and until the President otherwise proclaims—

 (a) The descriptions of products in the said item 219 in Part I of Schedule XX-1956 and the pertinent rates in “B” and “C” of the “Rates of Duty” columns are hereby modified to read as follows:
Tariff Act of 1930 par. Description of Products Rates of Duty
B C
219 Cylinder, crown, and sheet glass, by whatever process made, and for whatever purpose used:  
Not over 384 square inches:
Weighing not over 4 ounces per square foot _ _ _ _ _ _ _ _ _ _ 0.7¢ per lb.
Other _ _ _ _ _ _ _ _ _ _ 1.3¢ per lb.
Over 384 but not over 864 square inches:
Weighing not over 4 ounces per square foot 0.9¢ per lb.
Other 1.6¢ per lb.
Over 864 but not over 2400 square inches _ _ _ _ _ _ _ _ _ _ 1.9¢ per lb.
Over 2400 square inches:
Weighing not over 28 ounces per square foot _ _ _ _ _ _ _ _ _ _ 2.6¢ per lb.
Other _ _ _ _ _ _ _ _ _ _ 3.5¢ per lb.
Provided: That none of the foregoing weighing under 16 ounces but not under 12 ounces per square foot shall be subject to a less rate of duty than. _ _ _ _ _ _ _ _ _ _ 17% ad val.
 

and

 76 Stat. 1456 (b)

the provisions of item 219 in Part I of Schedule XX-1956, as modified by (a) above, shall be applied and all inconsistent provisions of proclamations of the President heretofore issued under the authority of section 350 of the Tariff Act of 1930 are suspended.

IN WITNESS WHEREOF. I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this nineteenth day of March in the year of our Lord nineteen hundred and sixty-two, [seal] and of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3456 March 26, 1962 NATIONAL YOUTH FITNESS WEEK, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3456
NATIONAL YOUTH FITNESS WEEK, 1962 By the President of the United States of America

March 26, 1962

 A Proclamation WHEREAS the future strength, welfare, and progress of our Nation will be determined, in large measure, by the mental, emotional, spiritual, social, and physical fitness of its people; and WHEREAS the future fitness of our people will be strongly influenced, if not determined, by the fitness of our youth today; and WHEREAS the President’s Council on Youth Fitness was established to develop and promote governmental and nongovernmental programs and activities conducive to the achievement of a happier, healthier, and more completely fit American youth; and WHEREAS maximum achievement in this regard can be accomplished only by a determined and coordinated effort by all of our people:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby proclaim the week beginning May 6, 1962, as National Youth Fitness Week.

I request officials of the Government, and I urge parents, young people, our schools, and interested national and local organizations, to use all appropriate means now and during that week to promote programs and activities demonstrating the importance of youth fitness to the end that we may assure the continuing strength and well-being of our people.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this twenty-sixth day of March in the year of our Lord nineteen hundred and sixty-two, [seal] and of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3457 March 27, 1962 REDEFINING THE EXTERNAL BOUNDARIES OF THE TIMPANOGOS CAVE NATIONAL MONUMENT, UTAH Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1457 Proclamation 3457
REDEFINING THE EXTERNAL BOUNDARIES OF THE TIMPANOGOS CAVE NATIONAL MONUMENT, UTAH By the President of the United States of America

March 27, 1962

 A Proclamation WHEREAS, by Proclamation No. 1640 of October 14, 1922 (42 Stat. 2285), there were reserved and set apart, as the Timpanogos Cave National Monument, Utah, certain lands as shown on a diagram forming a part of that proclamation; and WHEREAS a subsequent survey, accented by the General Land Office on May 17, 1945, disclosed that that diagram does not accurately depict the boundaries of the monument as those boundaries are marked on the ground; and WHEREAS it appears that it would be in the public interest to redefine the external boundaries of the monument in conformity with the survey:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, under and by virtue of the authority vested in me by the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431), do proclaim that the lands within the following-described boundaries shall constitute the Timpanogos Cave National Monument:

Salt Lake Base and Meridian, Utah

Beginning at e point marked by a brass cap located 8.33 chains S. 7°30’ W. from the quarter section corner common to sections 27 and 28, township 4 south, range 2 east; thence north approximately 20 chains to a point; thence east approximately 50 chains to a point; thence south approximately 50 chains to a point; thence west approximately 50 chains to a point; thence north approximately 30 chains to a brass cap, the point of beginning, as depicted on the plat for township No. 4 south, range No. 2 east, of the Salt Lake Meridian, Utah, Survey and Dependent Resurvey, accepted May 17, 1945, by Assistant Commissioner, General Land Office, Joel David Wolfsohn.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this twenty-seventh day of March in the year of our Lora nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3458 March 27, 1962 DELAYING THE EFFECTIVE DATES OF PROCLAMATION NO. 3454 AND PROCLAMATION NO. 3455 OF MARCH 19, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3458
DELAYING THE EFFECTIVE DATES OF PROCLAMATION NO. 3454 AND PROCLAMATION NO. 3455 OF MARCH 19, 1962 By the President of the United States of America

March 27, 1962

 A Proclamation WHEREAS, pursuant to section 350(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1351(a)), and section 7(c) of the Trade Agreements Extension Act of 1951, as amended (19 U.S.C. 1364(c)), there were issued on March 19, 1962, Proclamation No. 3454, modi-

Ante, p. 1452.

76 Stat. 1458tying the trade agreement concession and adjusting the duty on certain machine-woven pile floor coverings, and Proclamation No.

Ante, p. 1454.

3455, modifying the trade agreement concessions and adjusting duties on cylinder, crown, and sheet glass; and WHEREAS I determine that it is desirable and appropriate to delay the effective dates of such Proclamations of March 19, 1962:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and statutes of the United States, including section 350 of the Tariff Act of 1930, as amended (19 U.S.C. 1351), and section 7 of the Trade Agreements Extension Act of 1951, as amended (19 U.S.C. 1364), do proclaim that Proclamation No. 3454 and Proclamation No. 3455 of March 19, 1962, are each modified by deleting therefrom the effective date of “April 18, 1962” and by inserting in place thereof “June 17, 1962.”

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this twenty-seventh day of March in the year of our Lord nineteen hundred and sixty-[seal] two, and of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3459 March 27, 1962 NATIONAL HIGHWAY WEEK, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3459
NATIONAL HIGHWAY WEEK, 1962 By the President of the United States of America

March 27, 1962

 A Proclamation WHEREAS our Nation, with its expanding economy and growing population, is largely dependent on its highway network for the safe and efficient movement of people and goods; and WHEREAS the inadequacies of our present highway network are responsible in large degree for one of the great American tragedies of our time—the costly and inexcusable annual toll of deaths and injuries on the highways; and WHEREAS the Congress, at my request, last year made financial provision for completing the finest road network the world has ever seen, geared to our future as well as present needs; and WHEREAS the American people should be reminded of their vital interest in this program and the boundless benefits it will produce: 76 Stat. 1459

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby proclaim the week of May 20–26, 1962, as National Highway Week in recognition of the vital role of highway transportation in our way of life; and I urge the Governors of the States and mayors of cities to issue similar proclamations.

I also ask the appropriate officials of the Federal, State, and local governments, as well as public and private organizations and the general public, to join in observance of this significant occasion.

During this period I encourage all Americans to consider and appreciate the value of highway transportation to their own activities and to our national welfare.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this twenty-seventh day of March in the year of our Lord nineteen hundred and sixty-[seal] two, and of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3460 March 29, 1962 MODIFYING THE QUOTA FOR CERTAIN BLUE-MOLD CHEESE Digitization Vendor By the President of the United States of America Proclamation Proclamation 3460
MODIFYING THE QUOTA FOR CERTAIN BLUE-MOLD CHEESE By the President of the United States of America

March 29, 1962

 A Proclamation WHEREAS, pursuant to section 22 of the Agricultural Adjustment Act, as amended, 7 U.S.C. 624, the President, on June 8, 1953,

62 Stat. 1248.

issued Proclamation No. 3019,67 Stat. C46, imposing fees or quantitative limitations on imports of products specified in Lists I, II, and III appended to and made a part of that proclamation, which has been modified or amended from time to time; and WHEREAS the United States Tariff Commission has made an investigation under the authority of subsection (d) of the said section 22 of the Agricultural Adjustment Act, supplemental to its investigation No. 6 under that section 22, to determine whether the quota imposed by Proclamation No. 3019 on blue-mold (except Stilton) cheese, and cheese and substitutes for cheese containing, or processed from, blue-mold cheese (hereinafter referred to collectively as blue-mold cheese) should be enlarged or eliminated; and WHEREAS the said Commission has submitted to me a report of its supplemental investigation; and WHEREAS, on the basis of such investigation and report, I find and declare that changed circumstances require the modification of the quota on blue-mold cheese as hereinafter proclaimed in order to carry out the purposes of the said section 22:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority vested in me by section 22(d) of the Agricultural Adjustment Act, as amended, do hereby amend, effective immediately, List II appended to the said Proclamation No. 3019(a) by increasing the aggregate 76 Stat. 1460quantity for blue-mold cheese, as such quantity is applicable to the current quota year which began July 1, 1961, by 283,333 pounds and (b) by increasing the aggregate quantity for blue-mold cheese by an amount equal to 283,333 pounds for each third of a quota year commencing on July 1, 1962, and on July 1 of subsequent years.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 29th day of March in the year of our Lord nineteen hundred and sixty-two, and of the [seal] independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3461 March 30, 1962 CANCER CONTROL MONTH, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3461
CANCER CONTROL MONTH, 1962 By the President of the United States of America

March 30, 1962

 A Proclamation WHEREAS the progress made against cancer during the past quarter of a century offers definite hope that the burden of this disease will one day be lifted from mankind; and WHEREAS this hope can be realized only through continued biomedical research and energetic health programs in this country and the world over; and WHEREAS the National Cancer Institute and the American Cancer Society are joining in observing 1962 as Cancer Progress Year to mark the twenty-fifth anniversary of the National Cancer Institute Act and the first nationwide educational program instituted by the American Cancer Society; and WHEREAS such observance will give encouragement to scientists in their research and to the medical and health professions in their efforts to control cancer with the cooperation of an alert and informed public; and WHEREAS the Congress, by a joint resolution approved March 28,

36 USC 150.

1938 (52 Stat. 148), has requested the President to issue annually a proclamation setting apart the month of April as Cancer Control Month:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby proclaim the month of April 1962 as Cancer Control Month; and I invite the Governors of the States, the Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States to issue similar proclamations.

I also ask the medical and allied health professions, the communications industries, and all interested persons and groups to unite within the appointed month, and throughout Cancer Progress Year, in public reaffirmation of this Nation’s effort to control cancer.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

76 Stat. 1461

DONE at the City of Washington this thirtieth day of March in the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3462 April 4, 1962 INTERSTATE COMMERCE COMMISSION DAY Digitization Vendor By the President of the United States of America Proclamation Proclamation 3462
INTERSTATE COMMERCE COMMISSION DAY By the President of the United States of America

April 4, 1962

 A Proclamation WHEREAS an effective public transportation system is vital to our economy and to our national defense; and WHEREAS April 5, 1962, is the seventy-fifth anniversary of the establishment of the Interstate Commerce Commission, the agency which is charged with the responsibility for regulating surface transportation in the United States; and WHEREAS the activities of the Interstate Commerce Commission in the regulation of our surface transportation industry significantly affect every citizen of the United States; and WHEREAS the Interstate Commerce Commission deserves special recognition for its contribution to the strength and well-being of our Nation; and WHEREAS the Congress, by a joint resolution approved April 4, 1962, has requested the President to issue a proclamation designating April 5, 1962, as Interstate Commerce Commission Day to commemorate

Ante, p. 52.

the seventy-fifth anniversary of the Interstate Commerce Commission:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby designate April 5, 1962, as Interstate Commerce Commission Day; and I urge our people, in collaboration with the transportation industry and the Interstate Commerce Commission, to participate in the observance of this occasion by appropriate ceremonies.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this Fourth day of April in the year of our Lord nineteen hundred and sixty-two, and of [seal] the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3463 April 4, 1962 LOYALTY DAY, 1962 Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1462 Proclamation 3463
LOYALTY DAY, 1962 By the President of the United States of America

April 4, 1962

 A Proclamation WHEREAS this Nation, with its traditions of freedom, liberty, and justice under law. is the inspiration of free men and of others striving for freedom and justice throughout the world; and WHEREAS the strength and vigor of this Nation is clearly attributable to the steadfast devotion and loyalty of its people; and WHEREAS it is fit and proper to set aside a special day each year to give affirmative expression to our unceasing devotion and loyalty to this Nation and its free institutions and to give affirmative expression to our absolute repudiation and rejection of totalitarian concepts of either the left or the right; and

36 USC 162.

WHEREAS the Congress, by a joint resolution approved July 18, 1958 (72 Stat. 369), has designated May 1 of each year as Loyalty Day, and has requested the President to issue a proclamation inviting the people of the United States to observe that day with appropriate ceremonies:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby call upon the people of the United States, and upon all patriotic, civic, and educational organizations to observe Tuesday, May 1, 1962, as Loyalty Day, in schools and other suitable places, with appropriate ceremonies in which all of our people may join in the reaffirmation of their loyalty to the United States of America.

I also call upon the appropriate officials of the Government to display the flag of the United States on all Government buildings on that day as a manifestation of our loyalty to the Nation which that flag symbolizes.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this Fourth day of April in the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3464 April 5, 1962 CITIZENSHIP DAY AND CONSTITUTION WEEK, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3464
CITIZENSHIP DAY AND CONSTITUTION WEEK, 1962 By the President of the United States of America

April 5, 1962

 A Proclamation

Post, p. 1508.

WHEREAS September 17, 1962, marks the one hundred and seventy-fifth anniversary of the signing of the Constitution of the United States on September 17, 1787; and WHEREAS the strength and freedom of our Nation and the fundamental and inalienable rights of our citizens are derived from the Constitution; and 76 Stat. 1463 WHEREAS it is imperative in this time of world uncertainty and unrest that each citizen, naturalized or native-born, be conversant with the acts and events that led to the formulation and adoption of the Constitution in order that he may fully appreciate the meaning and significance of that document and our constitutional form of government; and WHEREAS it is fitting and proper on the one hundred and seventy-fifth anniversary of the signing of the Constitution that each citizen renew his pledge to serve his country and to stand ever ready to preserve, protect, and defend the Constitution; and WHEREAS by a joint resolution approved February 29, 1952 (66 Stat. 9), the Congress designated the seventeenth day of September of each year as Citizenship Day in commemoration of the signing of the Constitution on September

36 USC 153.

17, 1787, and in recognition of those citizens who have come of age and those who have been naturalized during the year; and WHEREAS by a joint resolution approved August 2, 1956 (70 Stat. 932), the Congress requested the President to designate the week

36 USC 159.

beginning September 17 of each year as Constitution Week—a time for the study and observance of the acts and events which resulted in the formation of the Constitution; and WHEREAS those resolutions of the Congress authorize the President to issue annually a proclamation calling for the observance of Citizenship Day and of Constitution Week:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, call upon the appropriate officials of the Government to display the flag of the United States on all Government buildings on Citizenship Day, September 17, 1962; and I urge Federal, State, and local officials, as well as all religious, civic, educational, and other organizations, to hold appropriate ceremonies on that day to inspire all our citizens to rededicate themselves to the Faith of our Founding Fathers and to the ideals upon which this Nation was established and built.

I also designate the period beginning September 17 and ending September 23, 1962, as Constitution Week; and I urge the people of the United States to observe that week with appropriate ceremonies and activities in their schools and churches and in other suitable places to the end that our citizens may have a better understanding of the Constitution and of the privileges and Obligations of United States citizenship.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this Fifth day of April in the year of our Lord nineteen hundred and sixty-two, and of [seal] the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3465 April 9, 1962 VOLUNTARY OVERSEAS AID WEEK Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1464 Proclamation 3465
VOLUNTARY OVERSEAS AID WEEK By the President of the United States of America

April 9, 1962

 A Proclamation WHEREAS United States voluntary agencies have given needed assistance and promoted social and economic development efforts over a large area of the world; and WHEREAS the Government of the United States and its people have endorsed and supported the humanitarian efforts of these agencies which now reach needy persons in over one hundred nations; and WHEREAS people-to-people assistance, an invaluable supplement to our governmental overseas assistance efforts, is a reflection of American good will and of our belief in human dignity; and

Ante, p. 1416.

WHEREAS the Congress, by Senate Concurrent Resolution 61, agreed to April 4, 1962, has requested the President to issue a proclamation designating the week of April 9, 1962, as Voluntary Overseas Aid Week:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby designate the week of April 9, 1962, as Voluntary Overseas Aid Week.

I request the appropriate agencies of the Federal Government, and I urge all our people, to observe that week with activities designed to focus attention on the efforts of our voluntary agencies to assist other peoples.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this ninth day of April in the year of our Lord nineteen hundred and sixty-two, and of [seal] the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3466 April 10, 1962 POLICE WEEK AND PEACE OFFICERS MEMORIAL DAY, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3466
POLICE WEEK AND PEACE OFFICERS MEMORIAL DAY, 1962 By the President of the United States of America

April 10, 1962

 A Proclamation WHEREAS our law enforcement agencies play an essential role in safeguarding the rights and freedoms which have been guaranteed by the Constitution to every American citizen; and WHEREAS it is important that people throughout our country know, and understand the problems, duties, and responsibilities of their police departments, and that member’s of our law enforcement agencies recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and 76 Stat. 1465 WHEREAS the Nation’s police departments have grown to be modern and scientific law enforcement bodies which unceasingly provide a vital public service; and WHEREAS the Congress, by a joint resolution approved June 21, 1961 (75 Stat. 94), has designated the week of May 13–19, 1962, as Police Week in recognition of the contribution the police officers of America have made to our civilization through their dedicated and selfless efforts in enforcing our laws, and has also designated May 14th as Peace Officers Memorial Day in honor of the Federal, State, and municipal peace officers who have been killed or disabled in line of duty; and WHEREAS that resolution requests the President to issue a proclamation inviting the people of the United States to observe such period with appropriate ceremonies and activities:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby call upon the people of the United States, and upon all patriotic, civic, and educational organizations to observe the week of May 13–19, 1962, as Police Week with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens.

I further call upon the people of the United States to observe Monday, May 14, 1962, as Peace Officers Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to lie affixed.

DONE at the City of Washington this tenth day of April in the year of our Lord nineteen hundred and sixty-two, and of the [seal] Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3467 April 17, 1962 ADDITION TO GILA CLIFF DWELLINGS NATIONAL MONUMENT, NEW MEXICO Digitization Vendor By the President of the United States of America Proclamation Proclamation 3467
ADDITION TO GILA CLIFF DWELLINGS NATIONAL MONUMENT, NEW MEXICO By the President of the United States of America

April 17, 1962

 A Proclamation WHEREAS the Gila Cliff Dwellings National Monument in the State of New Mexico, established by Proclamation No. 781 of November 16, 1907, was reserved and set apart for its scientific and

35 Stat. 2162.

educational interest, being the best representation of the Cliff Dwellers’ remains of that region; and WHEREAS approximately three hundred and seventy-five acres of land near the present boundaries of the monument, under the jurisdiction of the Forest Service, Department of Agriculture, contain additional cliff dwellings and pit-house sites which are needed to round 76 Stat. 1466out the interpretive story of the Gila Cliff Dwellings National Monument; and WHEREAS it appears that the public interest would be promoted by adding to Gila Cliff Dwellings National Monument these lands now within the Gila National Forest; and WHEREAS these lands are essential for the proper care, management, protection, interpretation, and preservation of the Gila Cliff Dwellings National Monument:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, under and by virtue of the authority vested in me by section 2 of the Act of Congress approved June 8, 1906 (34 Stat. 225; 16 U.S.C. 431), do hereby proclaim that, subject to any valid interest or rights, the following-described tract of land, which comprises the original site of the monument and the additional lands needed for the purposes stated above, shall constitute the Gila Cliff Dwellings National Monument:

“T. 12 S., R. 14 W., N. Mex. Prin. Mer. Detached Section—T. J. Ruins “Section 25 8½8½SW¼NE¼ SE¼SE¼SE¼NW¼ NE¼NE¼NE¼SW¼ E½W½SE¼NE¼NE¼SW½ E½SE¼NE¼NE¼SW¼ E½NE¼SE¼NE¼SW¼ N½NW¼SE¼ N½S½S½NW¼SE¼ “Gila Cliff Dwelling Area “Section 22 S½SE¼ SE¼SW¼ “Section 27 NE¼ E½NW¼ NE¼SW¼ N½SE¼

Proclamation No. 781 of November 16, 1907 (35 Stat, 2162) establishing the Gila Cliff Dwellings National Monument is amended accordingly.

The lands which pursuant to this proclamation comprise the Gila Cliff Dwellings National Monument hereafter shall not be administered as a part of the Gila National Forest and they are hereby transferred to the administrative jurisdiction of the Department of the Interior.

The lands described above shall be subject to all the laws and regulations applicable to the Gila Cliff Dwellings National Monument: Provided, That any of the lands reserved for such national monument which lie within 150 feet, by horizontal measurement, of the center of the West Fork of the Gila River shall be available to the Secretary of Agriculture as a route of ingress to or egress from the Gila National Forest and he may place such trails or roads thereon and permit such use thereof as he may find desirable or necessary for administration and protection of the national forest and utilization of the resources thereof, including use by the general public for passage and transportation of property for use on national forest lands. Public use of the area within 150 horizontal feet of the center of the West Fork of the Gila River is to be in accordance with such conditions of use as the Secretary of Agriculture, after consultation with the Secretary of the Interior, finds necessary or desirable.

76 Stat. 1467

Warning is hereby expressly given to all unauthorized persons not to appropriate, injure, destroy, or remove any of the features or objects of this monument and not to locate or settle upon any of the lands reserved by this proclamation.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this seventeenth day of April in the year of our Lord nineteen hundred and sixty-two [seal] and of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3468 April 30, 1962 CARRYING OUT CERTAIN AGREEMENTS NEGOTIATED AT THE 1960–61 TARIFF CONFERENCE AND FOR OTHER PURPOSES Digitization Vendor By the President of the United States of America Proclamation Proclamation 3468
CARRYING OUT CERTAIN AGREEMENTS NEGOTIATED AT THE 1960–61 TARIFF CONFERENCE AND FOR OTHER PURPOSES By the President of the United States of America

April 30, 1962

 A Proclamation 1. WHEREAS, pursuant to the authority vested in him by the Constitution and the statutes, including section 350 of the Tariff Act of 1930, as amended (19 U.S.C. 1351), the President entered into the General Agreement on Tariffs and Trade (hereinafter referred to as “the General Agreement”), of October 30, 1947 (61 Stat. (pt. 5) All), including a Schedule of United States concessions (hereinafter referred to as “Schedule XX (Geneva—1947)”), and by Proclamation No. 2761A, of December 16, 1947 (61 Stat. (pt. 2) 1103), as supplemented by subsequent proclamations including Proclamation No. 2764, of January 1, 1948 (62 Stat. (pt. 2) 1465), and Proclamation No. 2769, of January 30, 1948 (62 Stat. (pt. 2) 1479), he proclaimed such modifications of existing duties and other import restrictions of the United States of America and such continuance of existing customs or excise treatment of articles imported into the United States (hereinafter referred to as “modifications and continuance”) as were found to be required or appropriate to carry out the General Agreement; 2. WHEREAS, the General Agreement has been supplemented by several agreements including: (a) Protocol of Provisional Application of the General Agreement, of October 30, 1947 (61 Stat. (pt. 6) A2051), (b) Annecy Protocol of Terms of Accession to the General Agreement, of October 10, 1949 (64 Stat. (pt. 3) B141), including a schedule to the General Agreement of United States concessions (hereinafter referred to as “Schedule XX (Annecy 1949)”), (c) Torquay Protocol to the General Agreement, of April 21, 1951 (3 UST (pt. 1) 615), including a schedule to the General Agreement of United States concessions (hereinafter referred to as “Schedule XX (Torquay—1951)”), (d) Protocol of Terms of Accession of Japan to the General Agreement, of June 7, 1955 (6 UST (pt. 5) 583), including a schedule

6 UST 5833.

to the General Agreement of United States concessions (hereinafter referred to as “Schedule XX (Japan—1955)”), 76 Stat. 1468 (e)

7 UST 1086.

 Sixth Protocol of Supplementary Concessions to the General Agreement, of May 23, 1956 (7 UST (pt. 2) 1076), including a schedule to the General Agreement of United States concessions (hereinafter referred to as “Schedule XX (Geneva—1956)”), (f) Agreement between the Kingdom of Belgium, Acting for the Belgo-Luxemburg Economic Union, the Kingdom of the Netherlands, and the United States of America Supplementary to the General Agreement, of June 27, 1957 (8 UST (pt. 1) 934), including a schedule of United States concessions (hereinafter referred to as “U.S. Schedule (Benelux Supp.—1957)”), (g) Agreement between the United Kingdom of Great Britain and Northern Ireland and the United States of America Supplementary to the General Agreement, of June 27, 1957 (8 UST (pt. 1) 890), including a schedule of United States concessions (hereinafter referred to as “U.S. Schedule (U.K. Supp.—1957)”), and (h)

12 UST 1271.

 Agreement Supplementary to the General Agreement between the United States and Sweden, of September 15, 1961 (TIAS 4847); 3. WHEREAS by the following proclamations the President proclaimed agreements specified in the second recital of this Proclamation: (a) The first proclamation specified in the first recital of this Proclamation proclaimed that the General Agreement should be applied subject to the agreement specified in clause (a) of the second recital of this Proclamation, (b) Proclamation No. 2867, of December 22, 1949 (64 Stat. (pt. 2) A380), as supplemented by subsequent proclamations including Proclamation No. 2884, of April 27, 1950 (64 Stat. (pt. 2) A399), and Proclamation No. 3211, of November 9, 1957 (72 Stat. (pt. 2) C14), proclaimed such modifications and continuance as were required or appropriate to carry out the agreement specified in clause (b) of the second recital hereof, (c) Proclamation No. 2929, of June 2, 1951 (65 Stat. C12), proclaimed such modifications and continuance as were required or appropriate to carry out the agreement specified in clause (c) of the second recital hereof, (d) Proclamation No. 3105, of July 22, 1955 (69 Stat. C44), in Part I proclaimed such modifications and continuance as were required or appropriate to carry out the agreement specified in clause (d) of the second recital hereof, (e) Proclamation No. 3140, of June 13, 1956 (70 Stat. C33), in Part I proclaimed such modifications and continuance as were required or appropriate to carry out the agreement specified in clause (e) of the second recital hereof, (f) Proclamation No. 3191, of June 29, 1957 (71 Stat. C49), proclaimed such modifications and continuance as were required or appropriate to carry out the agreements specified in clauses (f) and (g) of the second recital hereof, and (g)

75 Stat. 1101.

 Proclamation No. 3431, of September 18, 1961 (26 F.R. 8931), proclaimed such modifications and continuance as were required or appropriate to carry out paragraph (2) of the agreement specified in clause (h) of the second recital hereof; 4. WHEREAS I have found as a fact (a) that certain existing duties and other import restrictions of the United States of America, including tariff action referred to in the fifth, seventh, and ninth recitals of this Proclamation, of other contracting parties to the Gen-76 Stat. 1469eral Agreement, including the Republic of Austria, the Kingdom of Belgium, Canada, the Kingdom of Denmark, the Republic of Finland, the French Republic, the Federal Republic of Germany, the Republic of Italy, Japan, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, New Zealand, the Kingdom of Norway, Pakistan, Peru, the Kingdom of Sweden, and the United Kingdom of Great Britain and Northern Ireland, of Israel, of Portugal, and of the Swiss Confederation are unduly burdening and restricting the foreign trade of the United States, that the effect of the common external tariff of the European Economic Community (an instrumentality of the Governments of the Kingdom of Belgium, the French Republic, the Federal Republic of Germany, the Republic of Italy, the Grand Duchy of Luxembourg, and the Kingdom of the Netherlands) is to unduly burden and restrict the foreign trade of the United States, and (b) that the purposes declared in section 350 of the Tariff Act of 1930, as amended, will be promoted by one or more

19 USC 1351.

 trade agreements between the Government of the United States and the Governments of some or all of the other countries, or the instrumentality of governments, referred to in this recital; 5. WHEREAS the United States has completed renegotiations under Article XXVIII of the General Agreement for the modification

8 UST 1790.

or withdrawal of the following concessions: (a) The concessions on waterproof cloth provided for in the second item 907 in Part I of Schedule XX (Geneva—1947), in the second item 907 in U.S. Schedule (Benelux Supp.—1957), and in the second

61 Stat. (Pt. 5) A1255.

8 UST 937.

item 907 in U.S. Schedule (U.K. Supp.—1957) in order to conform such concessions to the provisions of section 2 of Public Law 86–95 (74 Stat. 1052),

19 USC 1001, par. 907 note.

 (b) The concessions on woolen and worsted fabrics provided for in items 1108 and 1109(a) in Part I of Schedule XX (Geneva—1947),

61 Stat. (Pt. 5) A1274.

3 UST 1186.

and in item 1109(a) in Part I of Schedule XX (Torquay—1951), whose modification was proclaimed by Proclamation No. 3387, of December 28, 1960 (25 F.R. 13945),

75 Stat. 1007.

 (c) The concessions on rubber-soled footwear provided for in second item 1530(e) in Part I of Schedule XX (Geneva—1947), and

61 Stat. (Pt. 5) A1317.

6 UST 5890.

19 USC 100 b par. 1530.

in item 1530(e) in Part I of Schedule XX (Japan—1955) in order to conform such concessions to the provisions of section 1 of Public Law 85–54 (72 Stat. 185), and (d) The concessions on spring clothespins provided for in the first item 412 in Part 1 of Schedule XX (Annecy—1949);

64 Stat. (Pt. 3) B323.

8 UST 1790.

 6. WHEREAS Article XXVIII of the General Agreement provides that a contracting party may, pursuant to procedures provided for therein, modify or withdraw concessions in its Schedule to that Agreement, while at the same time endeavoring to maintain the general level of reciprocal and mutually advantageous concessions; 7. WHEREAS, acting under and by virtue of the authority vested in him by section 350 of the Tariff Act of 1930, as amended, and

19 USC 1351.

 by section 7(c) of the Trade Agreements Extension Act of 1951, as amended (19 U.S.C. 1364(c)), and in accordance with Article

65 Stat. 74.

61 Stat. (Pt. 5) A58.

XIX of the General Agreement, the President proclaimed the following action: (a) By Proclamation No. 3212, of November 29, 1957 (72 Stat, (pt. 2) C16), the modification of the concessions on safety pins provided for in item 350 in Part I of Schedule XX (Geneva—1947),

61 Stat. (Pt. 5) A1205.

 76 Stat. 1470 (b) By Proclamation No. 3235, of April 21, 1958 (72 Stat. (pt. 2) C35), the withdrawal of the concessions on clinical thermometers provided for in item 218(a) in Part 1 of Schedule XX (Torquay—

3 UST 1144.

1951), (c) By Proclamation No. 3323, of October 20, 1959 (74 Stat. C15), the modification of the concessions on stainless-steel table flatware provided for in item 339 and item 355 in Part I of Schedule XX (Geneva—1947), in item 355 in Part I of Schedule XX (Annecy—1949), in item 355 in Part I of Schedule XX (Torquay—1951), and in item 339 in Part I of Schedule XX

61 Stat. (Pt. 5) 1202, 1207.

64 Stat. (Pt. 3) B317; 3 UST 1160.

7 UST 1362.

(Geneva—1956), and (d) By Proclamation No. 3365, of August 23, 1960 (74 Stat. C85), the modification of the concessions on typewriter ribbon cloth provided for in the first and second items 904(a), item 904(b), and item

61 Stat. (Pt. 5) 1254.

6 UST 5875, 5876.

61 Stat. (Pt. 5) A58.

904(c) in Part. I of Schedule XX (Geneva—1947) and in the first and second items 904(a), item 904(b), and item 904(c) in Part I of Schedule XX (Japan—1955); 8. WHEREAS Article XIX of the General Agreement provides for consultation with other contracting parties thereto having a substantial interest as exporters of the articles with respect to which action is being taken with a view to agreement being reached among all interested contracting parties; 9. WHEREAS judicial or administrative authorities of the United States have taken tariff classification action of the kind envisaged by

61 Stat. (Pt. 5) A16.

 paragraph 5 of Article II of the General Agreement which provides that, if as a result of judicial or administrative interpretation an imported article cannot be accorded the treatment which it had been contemplated such article would receive under the General Agreement, negotiations shall be conducted for compensatory adjustment; 10. WHEREAS reasonable public notice was given of the intention to conduct trade agreement negotiations under the General Agreement with foreign Governments which were contracting parties to that agreement and with other specified Governments, which contracting parties and other Governments include the Governments of all the countries referred to in the fourth recital of this Proclamation, or with instrumentalities of any such foreign Governments, the views presented by persons interested in such negotiations were received and considered, and information and advice with respect to such negotiations was sought and obtained from the Department of State, Agriculture, Commerce, and Defense, and from other sources; 11. WHEREAS, pursuant to section 3 of the Trade Agreements Extension Act of 1951, as amended (19 U.S.C. 1360), I transmitted to the United States Tariff Commission for investigation and report lists of all articles imported into the United States of America to be considered for possible modification of duties and other import restrictions, imposition of additional import restrictions, or continuance of existing customs or excise treatment in trade-agreement negotiations with the Governments referred to in the tenth recital of this Proclamation, and the Tariff Commission made investigations in accordance with section 3 and thereafter reported to me its determinations made pursuant to that section within the time specified therein; 12. WHEREAS, the period for the exercise of the authority of the President to enter into foreign trade agreements under section

19 USC 1351.

350 of the Tariff Act of 1930, as amended, having been extended by 76 Stat. 1471section 2 of the Trade Agreements Extension Act of 1958 (72 Stat. 673) until the close of June 30, 1962, as a result of the findings set

19 USC 1352 note.

forth in the fourth recital of this Proclamation, I, through my duly authorized representative, included paragraphs (1) and (3) in the agreement specified in clause (h) of the second recital hereof and entered into the following trade agreements, each of which includes a schedule of United States concessions: (a) Agreement between the United States and the Federal Republic of Germany providing compensatory concessions under the General Agreement for certain tariff action taken by the United States, of January 29, 1962, a copy of which is annexed to this Proclamation as Annex A,

13 UST 927.

 (b) Agreement between the United States and Belgium, Luxembourg, and the Netherlands providing compensatory concessions under the General Agreement for certain tariff action taken by the United States, of January 29 and February 1, 1962, a copy of which is annexed to this Proclamation as Annex B,

13 UST 927.

 (c) Agreement between the United States and Japan providing compensatory concessions under the General Agreement for certain tariff action taken by the United States, of February 9, 1962, a copy of which is annexed to this Proclamation as Annex C,

13 UST 927.

 (d) Agreement between the United States and Denmark providing compensatory concessions under the General Agreement for certain tariff action taken by the United States, of January 26 and February 12, 1962, a copy of which is annexed to this Proclamation as Annex D,

13 UST 927.

 (e) Agreement between the United States and the United Kingdom providing compensatory concessions under the General Agreement for certain tariff action taken by the United States, of January 26 and February 16, 1962, a copy of which is annexed to this Proclamation as Annex E,

13 UST 927.

 (f) Interim Agreement between the United States and Denmark, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex F,

13 UST 605.

 (g) Interim Agreement between the United States and Finland, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex G,

13 UST 757.

 (h) Interim Agreement between the United States and Israel, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex H,

13 UST 898.

 (i) Interim Agreement between the United States and New Zealand, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex I,

13 UST 766.

 (j) Interim Agreement between the United States and Norway, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex J,

13 UST 772.

 (k) Interim Agreement between the United States and Pakistan, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex K,

13 UST 780.

 76 Stat. 1472 (l) Interim Agreement between the United States and Peru, of March 5, 1962, a copy of which is annexed to this Proclamation as

13 UST 879.

Annex L, (m) Interim Agreement between the United States and Portugal, of March 5, 1962, a copy of which is annexed to this Proclamation as

13 UST 504.

Annex M, (n) Interim Agreement between the United States and Sweden, of March 5, 1962, a copy of which is annexed to this Proclamation as

13 UST 1818.

Annex N, (o) Interim Agreement between the United States and Switzerland, of March 5, 1962, a copy of which is annexed to this Proclamation as

13 UST 907.

Annex O, (p) Interim Agreement between the United States and Austria, of March 6, 1962, a copy of which is annexed to this Proclamation as

13 UST 1218.

Annex P, (q) Agreement between the United States and Italy providing compensatory concessions under the General Agreement for certain tariff action taken by the United States, of December 8 and 9, 1961, and March 7, 1962, a copy of which is annexed to this Proclamation

13 UST 927.

as Annex Q, (r) Interim Agreement between the United States and Canada, of March 7, 1962, a copy of which is annexed to this Proclamation as

13 UST 578.

Annex R, (s) Interim Agreement betw’een the United States and the European Economic Community, of March 7, 1962, a copy of which is

13 UST 611.

annexed to this Proclamation as Annex S, and (t) Interim Agreement between the United States and the United Kingdom, of March 7, 1962, a copy of which is annexed to this Proclamation

13 UST 785.

as Annex T; 13.

19 USC 1351.

 WHEREAS, under the authority of section 350(a) (3) (D) of the Tariff Act of 1930, as amended, I have determined that, in the case of those modifications of existing duties proclaimed in this Proclamation which, within the limitations of that section, reflect decreases in duties exceeding the limitations specified in section 350(a) (4) (A) or 350(a) (4) (B), such decreases will simplify the computation of the amount of duty imposed with respect to the articles concerned; 14. WHEREAS I have made the determination regarding the ad valorem equivalent of the specific rate of duty (or combination of rates including a specific rate) and regarding the representative period, under the authority of section 350(a)(3)(D) or 350(a)(4) (A) of the Tariff Act of 1930, as amended, by reference to section 350(a) (2) (D) (ii) thereof, in the case of each modification of an existing duty proclaimed in this Proclamation for which such a determination was relevant, using, to the maximum extent practicable, the standards of valuation contained in section 402 or 402a of the Tariff Act of 1930, as amended (19 U.S.C. 1401a or 1402); 15. WHEREAS each agreement specified in clauses (f) to (p), inclusive, and (r) to (t), inclusive, of the twelfth recital of this Proclamation provides that the concessions set forth in the schedule of United States concessions shall, except as otherwise provided for in that schedule, take effect thirty days after the date upon which the 76 Stat. 1473United States has notified the other party to the agreement of its intention to put such concessions into effect, subject to the right of the United States to suspend or withdraw in whole or in part the concessions set forth in such schedule until the other party to the agreement gives such a notification with respect to its schedule of concessions; 16. WHEREAS I find that the modifications of existing duties and other import restrictions of the United States and the continuance of existing customs and excise treatment of articles imported into the United States (a) provided for in each agreement specified in clauses (f) to (p), inclusive, and (r) to (t), inclusive, of the twelfth recital of this Proclamation will be required or appropriate to carry out that agreement, except that it will be required or appropriate that the agreement specified in clause (1) of the twelfth recital be applied as though the words “for consumption” were inserted following the word “Entered” in item 765 in the United States Schedule to that agreement, on and after the thirtieth day following the date of the notification thereunder by the United States referred to in the fifteenth recital hereof, and (b) provided for in paragraphs (1) and (3) of the agreement specified in clause (h) of the second recital hereof and in each of the agreements specified in clauses (a) to (e), inclusive, and (q) of the twelfth recital hereof will be required or appropriate to carry out that agreement on and after July 1, 1962, or such earlier date as may be notified by the President to the Secretary of the Treasury and published in the Federal Register; 17. WHEREAS I determine that, either as a result of the proclamation hereinafter of the modifications and continuance required or appropriate to carry out agreements specified in the twelfth recital of this Proclamation, or because of the need for greater accuracy, it will be required or appropriate to carry out the General Agreement and agreements supplementary thereto that on and after the following dates the lists set forth in the sixteenth recitals of the proclamations specified in clauses (d) and (e) of the third recital hereof be modified as follows: (a) Modifications of the list set forth in the sixteenth recital of the proclamation specified in clause (d) of the third recital of this Proclamation: (i) On and after the date of this Proclamation:
Item Modification of List
397 [added by Part 11(b) (11) of Proclamation specified in clause (e) of third recital hereof] Modification of Description of Products to read: “Articles or wares not specially provided for, whether partly or wholly manufactured, plated with, but not In chief value of, gold”,
(ii) On or after the date specified in clause (b) of the sixteenth recital of this Proclamation:
Item Modification of List
412 Deletion of the Item.
(iii) On or after the date specified in clause (b) of the sixteenth recital of this Proclamation, unless the modification provided for in (iv) of this clause has by then become effective:
Item Modification of List
1551 [second] Insertion at the end of the Description of products of: “(except feature films of 4,000 linear feet or more)”,
(iv) On and after the thirtieth day following the notification by the United States referred to in clause (a) of the sixteenth recital hereof

Publication in F.R.

 76 Stat. 1474 made under the agreement specified in clause (t) of the twelfth recital hereof:
Item Modification of List
1551 [first] Deletion of: “Exposed and developed_ _ _ _ _ _ _2.7¢ per lin. ft.”
1551 [second] Deletion of this item, and
(b) Modification of the list set forth in the sixteenth recital of the proclamation specified in clause (e) of the third recital hereof on and after the thirtieth day following the notification by the United States referred to in clause (a) of the sixteenth recital hereof made under the agreement specified in clause (n) of the twelfth recital hereof:
Item Modification of List
1406 Deletion of “labels and flaps_ _ _ _ _ _ _ _ _ _ 21¢ per lb.”;
18. WHEREAS on and after the day specified in clause (b) of the sixteenth recital of this Proclamation, as a result of the proclamation hereinafter of the modifications and continuance required or appropriate to carry out paragraphs (1) and (3) of the agreement specified in clause (h) of the second recital of this Proclamation and of the agreements specified in clauses (b) and (d) of the twelfth recital hereof, the first and second proclamations specified in clause (b) of the third recital of this Proclamation, insofar as they give effect to the concessions

64 Stat. B323.

provided for in item 412 in Part I of the agreement specified in clause (b) of the second recital hereof, and the proclamation specified in clause (g) of the third recital hereof will no longer be required or appropriate to carry out a trade agreement; 19. WHEREAS the modification of the concessions provided for in the item specified in clause (d) of the fifth recital of this Proclamation, hereinafter proclaimed to carry out item 412 in the schedule annexed to the agreement specified in clause (d) of the twelfth recital hereof, will provide for articles specified in such items the same rate of duty as was found by the President in the seventh recital of the third proclamation specified in clause (b) of the third recital hereof to be necessary to remedy serious injury to the domestic industry producing like products, and consequently, on and after the day specified in clause (b) of the sixteenth recital hereof that proclamation will no longer be required to remedy such serious injury; and 20.

19 USC 1351.

WHEREAS section 350(a)(6) of the Tariff Act of 1930, as amended, authorizes the President to terminate, in whole or in part, any proclamation made pursuant to that section:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and the statutes, including section 350 of the Tariff Act of 1930, as amended, do proclaim:

 Part I. To the end that foreign trade agreements, including particularly the General Agreement and the agreements specified in clause (h) of the second recital of this Proclamation and in the twelfth recital hereof, may be carried out: 1. Subject to the provisions of paragraph 2 of this Part, and to the exception, with respect to item 765 in the United States schedule to the agreement specified in clause (1) in the twelfth recital, set forth in clause (a) of the sixteenth recital hereof, such modifications of existing duties and other import restrictions of the United States and such continuance of existing customs or excise treatment of articles imported into the United States as are specified or provided for in paragraphs (1) and (3) of the agreement specified in clause (h) 76 Stat. 1475of the second recital of this Proclamation and in the general provisions of, and schedules of United States concessions to, the agreements specified in the twelfth recital of this Proclamation, effective as to articles entered for consumption or withdrawn from warehouse for consumption as follows: (a) Each rate of duty or import tax specified in column A at the right of the respective description of products in a schedule of the United States to an agreement specified in this paragraph or, in any case in which there are two such rates in column A, the first such rate: (i) In the case of a rate specified in the schedule to an agreement specified in clause (h) of the second recital of this Proclamation or in clause (a), (b), (c), (d), (e), or (q) of the twelfth recital hereof, on and after the date specified in clause (b) of the sixteenth recital hereof, and (ii) In the case of a rate specified in any other agreement specified in the twelfth recital hereof, on and after the date referred to in the fifteenth recital hereof with respect to such agreement, which date shall be notified by the President to the Secretary of the Treasury and published in the Federal Register, and

Publication in F.R.

 (b) Each rate of duty or import tax specified in column B at the right of the respective description of products in a schedule of the United States to an agreement specified in this paragraph and, in any case in which there are two rates specified in column A at the right of the description, the second such rate: on and after the appropriate date determined in accordance with the provisions of the General Notes at the end of that schedule. 2. The application of the provisions of paragraph 1 of this Part shall be subject to: (a) The applicable terms, conditions, and qualifications set forth in the agreements specified in clause (h) of the second recital of this Proclamation and in the twelfth recital hereof, including the rights of suspension or withdrawal of concessions referred to in the fifteenth recital hereof, in Parts I, II, and III of the General Agreement, in Annexes D, H, and I thereof and Schedules XX thereto, and in the agreement specified in clause (a) of the second recital hereof, including such supplementations of the foregoing as may be in effect with respect to the United States. (b) The exception that no rate of duty or import tax shall lie applied to a particular article by virtue of this proclamation if, when the article is entered for consumption or withdrawn from warehouse for consumption, more favorable customs treatment is prescribed for the article by (i) a proclamation pursuant to section 350 of the Tariff Act of 1930, as amended, or (ii) any other proclamation, a statute,

19 USC 1351.

or an executive order, which proclamation, statute, or order either provides for an exemption from duty or import tax or became effective subsequent to March 7, 1962. 3. On and after the applicable dates provided for in the seventeenth recital of this Proclamation the lists set forth in the sixteenth recitals of the proclamations specified in clauses (d) and (e) of the third recital hereof shall be modified as provided for in the seventeenth recital hereof. Part II.

On and after the day specified in clause (b) of the sixteenth recital of this Proclamation the proclamations specified in the eight-76 Stat. 1476eenth and nineteenth recitals hereof shall be terminated in whole or in part to the extent it is stated in such recitals that their continuation will no longer be required or appropriate.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 30th day of April in the year of our Lord nineteen hundred and sixty-two, and of [seal] the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3469 April 30, 1962 UNITED NATIONS DAY, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3469
UNITED NATIONS DAY, 1962 By the President of the United States of America

April 30, 1962

 A Proclamation WHEREAS the United Nations’ vigor and effectiveness have increased over the years; and WHEREAS the United Nations has become the principal forum for open discussion of world affairs; and WHEREAS the United Nations is now an effective instrument against hunger, illiteracy, disease, and despair; and WHEREAS the United Nations is a main avenue for cooperation in the peaceful uses of outer space; and WHEREAS the United Nations’ peacekeeping potential provides a key to world disarmament; and WHEREAS the United Nations’ activities have been beneficial to the national interests of the United States; and WHEREAS the United Nations’ authority depends on the moral and financial support of the world’s nations and people; and WHEREAS the General Assembly of the United Nations has resolved that October twenty-fourth, the anniversary of the coming into force of the United Nations Charter, should be dedicated each year to making known the purposes, principles, and accomplishments of the United Nations:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby urge the citizens of this Nation to observe Wednesday, October 24, 1962, as United Nations Day by means of community programs which will demonstrate their faith in the United Nations and contribute to a better understanding of its aims, problems, and accomplishments.

I also call upon the officials of the Federal and State Governments and upon local officials to encourage citizen groups and agencies of the press, radio, television, and motion pictures to engage in appropriate observance of United Nations Day throughout the land in cooperation with the United States Committee for the United Nations and other organizations.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

76 Stat. 1477

DONE at the City of Washington this thirtieth day of April in the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3470 April 30, 1962 NATIONAL MARITIME DAY, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3470
NATIONAL MARITIME DAY, 1962 By the President of the United States of America

April 30, 1962

 A Proclamation WHEREAS 1962 is the year in which the world’s first nuclear-powered merchant ship, the N.S. Savannah, first went to sea; and WHEREAS the N.S. Savannah will visit many of the ports of our Nation during the remainder of this year; and WHEREAS, in the years to come, this nuclear-powered merchant ship will demonstrate to the peoples of the world the intent of the United States of America to use the atom for peaceful purposes; and WHEREAS the citizens of this Nation may take justifiable pride in the building of this ship and in its future dedication to our peaceful trade and world commerce; and WHEREAS it is in the service of our trade and commerce that the American Merchant Marine provides a vital link between this Nation and the other nations of the free world; and WHEREAS the Congress, by a joint resolution approved May 20, 1933 (48 Stat. 73), designated May 22 at National Maritime Day, in

36 USC 145.

commemoration of the departure from Savannah, Georgia, on May 22, 1819, of the S.S. Savannah on the first transoceanic voyage by any steamship, and requested the President to issue a proclamation annually calling for the observance of that day:

NOW. THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby urge the citizens of the United States to honor our American Merchant Marine on Tuesday, May 22, 1962, by displaying the flag of the United States at their homes and other suitable places; and I direct the appropriate officials of the Government to arrange for the display of the flag on all Government buildings on that day.

I also request that all ships sailing under the American flag dress ship on Tuesday, May 22, in tribute to the American Merchant Marine.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this thirtieth day of April in the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3471 May 1, 1962 TERMINATING IMPORT QUOTA ON TUNG OIL AND TUNG NUTS Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1478 Proclamation 3471
TERMINATING IMPORT QUOTA ON TUNG OIL AND TUNG NUTS By the President of the United States of America

May 1, 1962

 A Proclamation

62 Stat. 1248.

75 Stat. 987.

WHEREAS, pursuant to section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. 624), on October 27, 1960 the President issued Proclamation No. 3378 imposing quantitative limitations on imports of tung oil and tung nuts during each of the three 12-month periods beginning November 1, 1960, November 1, 1961, and November 1, 1962 (3 CFR, 1960 Supp., p. 44); WHEREAS, at my request, the United States Tariff Commission has made a supplemental investigation under the authority of subsection (d) of the said section 22 of the Agricultural Adjustment Act, to determine whether the circumstances requiring the imposition of the said limitations no longer exist so that the said Proclamation 3378 may therefore be terminated; WHEREAS the said Commission has transmitted to me a report of its supplemental investigation and of findings made in connection therewith:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority vested in me by section 22 of the Agricultural Adjustment Act, as amended, do hereby find and proclaim that the circumstances requiring the said Proclamation No. 3378 no longer exist. Accordingly, I hereby terminate the said proclamation, effective on the day following the date hereof.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE in the City of Washington this first day of May in the year of our Lord nineteen hundred and sixty-two, and of [seal] the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3472 May 2, 1962 UNITED STATES DEPARTMENT OF LABOR FIFTIETH ANNIVERSARY YEAR Digitization Vendor By the President of the United States of America Proclamation Proclamation 3472
UNITED STATES DEPARTMENT OF LABOR FIFTIETH ANNIVERSARY YEAR By the President of the United States of America

May 2, 1962

 A Proclamation WHEREAS March 4, 1963, marks the fiftieth anniversary of the establishment of the United States Department of Labor, “to foster, promote, and develop the welfare of the wage earners of the United States, to improve their working conditions, and to advance their opportunities for profitable employment”; and WHEREAS the success of our economy and the well-being of our Nation are dependent upon the skills, energies, talents, and security of the individual American wage earner; and WHEREAS the Department has striven faithfully over the years to shape sound policies for meeting the Nation’s manpower needs 76 Stat. 1479and for developing and utilizing the potentials of all our labor force in productive and satisfying employment; and WHEREAS the Department has judiciously used the instruments of law and custom to safeguard individual workers’ rights, to protect and improve the Nation’s labor standards, to provide free and equal opportunity for all Americans, and to fight the economic hazards of industrial life; and WHEREAS the Department, as a guardian of the public interest, has proven its dedication to sound labor-management relations, has clearly recognized its responsibility to assist the business and industrial community to achieve economic growth and stability, and has, for a half a century, kept the Nation abreast of vital changes in our dynamic economy; and WHEREAS the Department has accepted a crucial and responsible role in cultivating understanding among labor organizations throughout the world and in fostering free labor institutions in other nations: NOW, THEREFORE, I, JOHN F. KENNEDY, President of the

Anniversary Committee.

Appointment.

 United States of America, do hereby designate the year 1963 as United States Department of Labor Fiftieth Anniversary Year, and I hereby establish a committee to be known as the President’s Committee for the Department of Labor Fiftieth Anniversary Year. The Committee shall lie composed of the following: 1. The President of the United States as Honorary Chairman; 2. The Vice President of the United States and the Speaker of the House of Representatives as Honorary Vice Chairmen; 3. The Secretary of Labor, all living former Secretaries of Labor, and the President of the AFL-CIO, as Co-Chairmen; 4. Other representatives of labor, management, and government, and other distinguished persons in public life who shall be appointed, on my behalf, by the Secretary of Labor; and 5.

Members of the Senate and Members of the House of Representatives who shall be invited to serve, on my behalf, by the Secretary of Labor after consultation with the President of the Senate or the Speaker of the House of Representatives, as may be appropriate.

Persons appointed or invited to serve by the Secretary of Labor, acting on my behalf, may be designated as additional Honorary Vice Chairmen by the Secretary of Labor.

The Committee shall take the lead in planning and carrying out appropriate activities for the celebration of the Department of Labor Fiftieth Anniversary Year, and I request appropriate State labor offices, labor, management, and other interested groups to join with the Committee to the end that such activities may serve as an occasion to commemorate the contributions of the Department of Labor of the United States to the welfare of our workers and their families and to our Nation.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this second day of May in the year of our Lord nineteen hundred and sixty-two, and of |seal] the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3473 May 7, 1962 NATIONAL APPRENTICESHIP MONTH Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1480 Proclamation 3473
NATIONAL APPRENTICESHIP MONTH By the President of the United States of America

May 7, 1962

 A Proclamation WHEREAS, in this era of rapidly changing industrial techniques and new approaches to many aspects of our economic life, the development of this Nation’s skilled craftsmen is of vital importance to the continued national security and economic growth of the United States; and WHEREAS, as America moves deeper into the challenging era of the space age and the expanding economy that will accompany it, the need for broadening the versatility and increasing the competence of our skilled craftsmen will grow; and WHEREAS the Bureau of Apprenticeship and Training of the United States Department of Labor seeks to help achieve, through cooperative effort, a skilled work force adequate to the Nation’s economic and security needs; and WHEREAS the Bureau of Apprenticeship and Training stimulates those responsible for training to provide equal opportunities for all qualified individuals to acquire skills without regard to race, creed, sex, age, or physical handicaps, thus increasing the job opportunities, earning ability, and economic security of the individual worker; and WHEREAS the Congress recognized the importance of apprenticeship training by enacting the National Apprenticeship Act, approved

29 USC 50.

August 16, 1937 (50 Stat. 664); and WHEREAS further development, expansion, and strengthening of apprenticeship training would benefit employees, employers, and the Nation:

NOW, THEREFORE, I, JOHN F. KENNEDY. President of the United States of America, do hereby proclaim the month of August, 1962, as National Apprenticeship Month.

I urge employers and union organizations which are not now training apprentices to take appropriate steps to assure the development of skilled workers in every local community; and I urge those which are now training apprentices to strengthen and expand their apprenticeship programs.

I also request the Department of Labor and other appropriate Federal agencies, and I invite State and local governments and organizations, to participate actively in the observance of National Apprenticeship Month.

IN WITNESS WHEREOF. I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this seventh day of May in the year of our Lord nineteen hundred and sixty-two, and of the [seal] Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3474 May 7, 1962 WORLD TRADE WEEK, 1962 Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1481 Proclamation 3474
WORLD TRADE WEEK, 1962 By the President of the United States of America

May 7, 1962

 A Proclamation WHEREAS the people of the United States recognize expanding world trade as a vital force in fostering growth and unity among the countries of the free world; and WHEREAS American business, labor, agriculture, and consumers benefit whenever there is a significant expansion of American exports and imports; and WHEREAS the development of the European Common Market, the Alliance for Progress, and the economic advancement of underdeveloped areas are major free world economic developments which are of profound importance to us; and WHEREAS it is appropriate to set aside a period to give special recognition and emphasis to the significance of international trade and commerce:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby proclaim the week beginning May 20, 1962, as World Trade Week; and I request officials of the Federal, State, and local governments to plan appropriate ceremonies and activities in observance of that week.

I urge business, labor, agriculture, educational and civic groups, as well as the people of the United States generally, to observe World Trade Week with gatherings, discussions, exhibits, and other activities designed to promote continuing awareness of the importance of world trade and our policies toward it in strengthening our economy and the unity of the free world, and a better understanding of the vital new problems now confronting us.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this seventh day of May in the year of our Lord nineteen hundred and sixty-two, and of the [seal] Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3475 May 14, 1962 NATIONAL TRANSPORTATION WEEK, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3475
NATIONAL TRANSPORTATION WEEK, 1962 By the President of the United States of America

May 14, 1962

 A Proclamation WHEREAS transportation has been of enormous significance in the settlement and growth of large areas of the United States; and WHEREAS an efficient and dynamic transportation system is vital to the continued economic growth, productivity, and progress of our Nation; and 76 Stat. 1482 WHEREAS the promotion and development of an efficient transportation system are responsibilities of the Government, users of transportation, and labor and management; and

Ante, p. 69.

WHEREAS the Congress, by House Joint Resolution 628, approved May 14, 1962, has requested the President to proclaim annually the week in May of each year in which falls the third Friday of that month as National Transportation Week, as a tribute to the men and women who, night and day, move goods and people throughout our land:

NOW, THEREFORE, I. JOHN F. KENNEDY, President of the United States of America, do hereby designate the week beginning May 13, 1962, as National Transportation Week; and I urge all our people to join in appropriate activities and ceremonies with the various branches of the transportation industry and representatives of governmental agencies in such manner as will afford an opportunity for the people or each community to recognize the vital role which the transportation industry plays in our economy and in our daily lives.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this fourteenth day of May in the year of our Lord nineteen hundred and sixty-two, and of the [seal] Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3476 May 5, 1962 MOTHER’S DAY, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3476
MOTHER’S DAY, 1962 By the President of the United States of America

May 5, 1962

 A Proclamation WHEREAS the American home constitutes the very foundation of our Nation; and WHEREAS the mothers of our country embody and foster the virtures of love, devotion, and fortitude upon which our homes are founded; and WHEREAS it is appropriate that we devote one day each year to expressing publicly the boundless affection, respect, and gratitude we feel for our mothers; and

36 USC 142.

WHEREAS, in official recognition of these feelings, the Congress, by a joint resolution approved May 8, 1914 (38 Stat. 770), designated the second Sunday in May of each year as Mother’s Day and authorized and requested the President to issue a proclamation calling for the public observance of that day:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby request that Sunday, May 13, 1962, be observed as Mother’s Day, and I direct that the flag of the United States be displayed on all public buildings on that day.

I also call upon the people of the United States to display the flag at their homes or other suitable places as an expression of the reverent esteem in which they hold the mothers of our country.

76 Stat. 1483

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this fifth day of May in the year of our Lord nineteen hundred and sixty-two, and of [seal] the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3477 May 18, 1962 PRAYER FOR PEACE, MEMORIAL DAY, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3477
PRAYER FOR PEACE, MEMORIAL DAY, 1962 By the President of the United States of America

May 18, 1962

 A Proclamation WHEREAS the supreme and selfless sacrifice of those who gave their lives on the field of honor have made it possible for succeeding American generations to remain free and enjoy the spiritual and material blessings of our free society; and WHEREAS the courage and ideals of our noble dead have contributed to the advancement of the cause of world freedom and stand as an inspiration to us all; and WHEREAS in our time we face a challenge which demands of us the same virtues of loyalty, courage, and devotion to country that characterized our fallen heroes; and WHEREAS Memorial Day each year provides a fitting occasion upon which Americans may not only pay tribute to our honored dead but also unite in prayer for success in our search for a just and lasting peace; and WHEREAS to this end the Congress, in a joint resolution approved May 11, 1950 (64 Stat. 158), requested the President to issue a proclamation calling upon the people of the United States to observe each Memorial Day as a day of prayer for permanent peace:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States, do hereby urge the people of the United States to observe Memorial Day, Wednesday, May 30, 1962, by invoking the blessing of God on those who have died in defense of our country, and by praying for a new world of law where peace and justice shall be assured for all; and I designate the hour beginning in each locality at eleven o’clock in the morning of that day as the time to unite in such prayer.

I also urge the press, radio, television, and all other media of information to cooperate in this observance.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this Eighteenth day of May in the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3478 June 6, 1962 FLAG DAY, 1962 Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1484 Proclamation 3478
FLAG DAY, 1962 By the President of the United States of America

June 6, 1962

 A Proclamation WHEREAS the American flag symbolizes the strength, honor, ideals, and national purposes of our Nation; and WHEREAS under this flag people of diverse origins and religious beliefs have found surcease from oppression and an opportunity for a better life; and WHEREAS the Stars and Stripes have always inspired our men to deeds of valor and sacrifice in safeguarding our heritage and advancing the cause of world freedom; and WHEREAS in these challenging times this generation of Americans is once again called upon to muster the courage, steadfastness, and vigilance needed to protect the principles symbolized by our flag; and

36 USC 157.

WHEREAS the Congress, by a joint resolution approved August 3, 1949 (63 Stat. 492), designated June 14 of each year as Flag Day in commemoration of the adoption of the flag of the United States by the Continental Congress on June 14, 1777, and requested the President to issue annually a proclamation calling for its observance:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby direct that the flag of the United States be displayed on all Government buildings on Thursday, June 14, 1962; and I call upon the people to observe that day with appropriate ceremonies designed to honor our national emblem.

I also urge our citizens to pause during this day to rededicate themselves to the principles and ideals for which our flag stands.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this sixth day of June in the year of our Lord nineteen hundred and sixty-two, and of the [seal] Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3479 June 20, 1962 PROCLAMATION BY THE PRESIDENT OF THE UNITED STATES CARRYING OUT CERTAIN AGREEMENTS NEGOTIATED AT THE 1960–61 TARIFF CONFERENCE AND MODIFYING AND TERMINATING SUPERSEDED PARTS OF PRIOR TRADE AGREEMENT PROCLAMATIONS. Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1485 Proclamation 3479
PROCLAMATION BY THE PRESIDENT OF THE UNITED STATES CARRYING OUT CERTAIN AGREEMENTS NEGOTIATED AT THE 1960–61 TARIFF CONFERENCE AND MODIFYING AND TERMINATING SUPERSEDED PARTS OF PRIOR TRADE AGREEMENT PROCLAMATIONS. By the President of the United States of America

June 20, 1962

 A Proclamation TABLE OF CONTENTS PART I. PART II.    A.    B.    C.    D.    E.    F.     (1)     (2)     (3)     (4) PART I STATEMENT OF PURPOSES A. The purposes of this proclamation are: First— to put into effect modifications of existing United States duties and other import restrictions, to add import restrictions, and to proclaim the continuance of existing customs or excise treatment Second— to proclaim the accession of Israel and Portugal as contracting parties to the General Agreement on Tariffs and Trade

61 Stat. (Pt. 5) A11.

61 Stat. (Pt. 2) 1103.

(hereinafter referred to as the GATT). Third— to put into effect certain rectifications of United States schedules to interim agreements which were proclaimed by Proclamation 3468 of April 30, 1962.

Ante, p. 1467.

 Fourth— to terminate the parts of Proclamation 3468 of April 30, 1962, which are superseded as a result of the promulgation of this proclamation, and to modify part of Proclamation 3105 of July 22,

69 Stat. C44.

1955, which has been affected by the promulgation of this proclamation. B. The foregoing purposes are effectuated in Part IT of this proclamation and the actions taken are required or appropriate to carry out certain trade agreements negotiated at the 1960–61 Tariff Conference. The agreements are identified in Paragraph A of Part II. 76 Stat. 1486 PART II EFFECTUATING 1960–61 TARIFF CONFERENCE AGREEMENTS REQUIRING MODIFICATION AND CONTINUANCE OF UNITED STATES IMPORT DUTIES AND OTHER IMPORT RESTRICTIONS, AND THE ADDITION OF IMPORT RESTRICTIONS; PROVIDING FOR ACCESSION OF ISRAEL AND PORTUGAL TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT); RECTIFYING SCHEDLES TO PRIOR AGREEMENTS; AND MODIFYING AND TERMINATING SUPERSEDED PARTS OF PRIOR PROCLAMATIONS. A. Agreements Identified.

19 USC 1351.

Under section 350 of the Tariff Act of 1930, as amended, and prior to June 30, 1962, the following agreements were entered into: (1) Interim Agreement of March 6, 1962, between the United States and Japan, including a schedule of United States concessions to enter into force provisionally and to be applied on July 1, 1962, as supplemented by an agreement of May 15, 1962. Copies of this agreement and supplementary agreement are annexed to this proclamation as

13 UST 855.

Annexes A and B. (2) Interim Agreement of June 6, 1962, between the United States and Haiti, including a schedule of United States concessions which will enter into force on July 1, 1962. A copy of this agreement is annexed to this proclamation as

13 UST 1037.

Annex C. (3) Interim Agreement of June 15, 1962, between the United States and India, including a schedule of United States concessions which will enter into force on July 1, 1962. A copy of this agreement is annexed to this proclamation as

13 UST 898.

Annex D. (4) Protocol of April 6, 1962 for the Accession of Israel to the General Agreement, including a schedule to the GATT of United States concessions comprising the concessions contained in the schedule

Ante, p. 147.

of United States concessions to an agreement of March 5, 1962. Pursuant to the agreement of April 6, 1962, Israel will become a contracting party to the GATT on July 5, 1962. The schedule of United States concessions to this agreement will become a schedule to the GATT on July 5, 1962. A copy of this agreement is annexed to this proclamation as

TIAS 5249.

Annex E. (5) Protocol of April 6, 1962 for the Accession of Portugal to the General Agreement, including a schedule to the GATT

Ante, p. 1472.

of United States concessions comprising the concessions contained in the schedule of United States concessions to an agreement of March 5, 1962. Pursuant to the agreement of April 6, 1962, Portugal became a contracting party to the GATT on May 6, 1962. The schedule of United States concessions to this agreement will become a schedule to the GATT on July 1, 1962. A copy of this agreement is annexed to this

TIAS 5248.

proclamation as Annex F. (6) Agreement of May 30, 1962, between the United States and Peru, rectifying the United States schedule to an agreement of March

Ante, p. 1472.

5, 1962. The Agreement of May 30, 1962 will become effective on 76 Stat. 1487July 1, 1962. A copy of the agreement is annexed to this proclamation as Annex G.

13 UST 879.

 (7) Agreement of June 7 and 14, 1962, between the United States and Switzerland, rectifying the United States schedule to an agreement of March 5, 1962. This Agreement of June 7 and 14, 1962 will

Ante. p. 1472.

 become effective July 1, 1962. A copy of the agreement is annexed to this proclamation as Annex H.

13 UST 907.

 B. Prior Findings. Prior to entering into the agreements specified in Paragraph A of this Part, the President found that certain existing duties or other import restrictions of the United States, and of the foreign countries which are contracting parties to the GATT, including Haiti, India, Japan, and Peru, and of Israel, Portugal, and Switzerland, were unduly burdening and restricting the foreign trade of the United States and that the purposes declared in section 350 of the Tariff Act of 1930, as amended, would be promoted by entering into the trade

19 USC 1351.

 agreements identified in Paragraph A of this Part. C. Compliance With Procedural Requirements. Before concluding these agreements, reasonable public notice was given of the intention to conduct trade agreement negotiations under the GATT with the governments of the foreign countries referred to in Paragraph B of this Part, views presented by persons interested in such negotiations were received and considered, and information and advice with respect to such negotiations was sought and obtained from the Departments of State, Agriculture, Commerce, and Defense, and from other sources. In addition, pursuant to section 3 of the Trade Agreements Extension Act of 1951, as amended, 19 U.S.C. 1360, the President transmitted to the United States Tariff Commission for investigation and report lists of all articles imported into the United States of America to be considered for possible modification of duties and other import restrictions, imposition of additional import restrictions, or continuance of existing customs or excise treatment in trade agreement negotiations with the governments of the foreign countries referred to in Paragraph B of this Part. The Tariff Commission made investigations in accordance with section 3 of the Trade Agreements Extension Act of 1951, as amended, and thereafter reported to the President its determinations made pursuant to that section within the time specified therein. D. Determination That Decrease In Rate Will Simplify Computation. Certain modifications of existing rates of duties to be hereinafter proclaimed reflect decreases in rates of duties exceeding the limitations specified in section 350(a)(4) (A) or 350(a) (4) (B) of the Act but not exceeding the decreases permitted by section 350(a)(3)(D) of the Tariff Act of 1930, as amended. Under the authority of section 350(a)(3)(D) of the Act, I, John F. Kennedy, President of the United States, have determined that in each case the modified rate will simplify the computation of the amount of duty imposed with respect to the articles concerned. 76 Stat. 1488 E. Determinations Respecting Ad Valorem Equivalents Of Specific Rates of Duty. In addition, I have made the determination regarding the ad valorem equivalent of the specific rate of duty (or combination of rates including a specific rate), and regarding the representative period, under the authority of section 350(a) (3) (D) and 350(a) (4) (A) of the Tariff Act of 1030, as amended, by reference to section 350(a) (2) (D) (ii) of the Act, in the case of each modification of an existing duty proclaimed in this proclamation for which such a determination was relevant, using, to the maximum extent practicable, the standards of valuation contained in section 402 or 402a of the Tariff Act, as amended, 19 U.S.C. 1401a or 1402. F. Proclamation Of Modifications And Continuance Of Existing United States Duties And Other Import Restrictions, The Addition Of Import Restrictions, The Accession Of Israel And Portugal To The GATT, Rectifications Of Schedules To Prior Agreements, And The Modification And Termination Of Superseded Parts Of Prior Proclamations.

NOW, THEREFORE,

I, John F. Kennedy, under the authority vested in me, as President, by the Constitution and statutes, in particular section 350(a) of the

19 USC 1351.

Tariff Act of 1930, as amended, having found that it is required or appropriate to carry out foreign trade agreements, particularly the agreements identified in Paragraph A of this Part and the GATT, do proclaim that:

 (1) Effectuating Modifications And Other Purposes Of The Agreements. Subject to the provisions of subparagraph (2) below, there are hereby made effective, as to articles entered for consumption or withdrawn from warehouse for consumption on and after the dates specified below, the modifications of existing duties and other import restrictions of the United States, the addition of import restrictions, and the continuance of existing customs or excise treatment of articles imported into the United States specified or provided for in the general provisions of, and schedules of United States concessions to, the agreements identified in Paragraph A of this Part, as follows: (a) Each rate of duty or import tax specified in column A at the right of the respective description of products in a schedule of the United States annexed to an agreement identified in Paragraph A of this Part or, in any case in which there are two such rates in column A, the first such rate: July 1, 1962, except that in the case of the agreement with Israel the date shall be July 5, 1962. (b) Each rate of duty or import tax specified in column B at the right of the respective description of products in a schedule of the United States to an agreement identified in Paragraph A of this Part and, in any case in which there are two rates specified in column A at the right of the description, the second such rate: on and after the appropriate date determined in accordance with the provisions of the General Notes at the end of that schedule. 76 Stat. 1489 (c) The general provisions of the agreements identified in Paragraph A of this Part and the general provisions of the United States schedules thereto: July 1, 1962, except that in the case of the agreement with Israel the date shall be July 5, 1962. (2) Conditions To Which The Modifications And Other Actions Are Subject. The provisions of Paragraph F(l) of this Part shall be applied subject to the following provisions: (a) The applicable terms, conditions, and qualifications set forth in the agreements identified in Paragraph A of this Part, in Parts I, II, and III of the GATT, in Annexes D, II, and I and Schedules XX to the GATT, and in the Protocol of Provisional Application of the GATT, of October 30, 1947 (61 Stat. (pt. 6) A2051). (b) The exception that no rate of duty or import tax shall lie applied to a particular article by virtue of this proclamation if, when the article is entered for consumption or withdrawn from warehouse for consumption, more favorable customs treatment is prescribed for the article by (a) a proclamation pursuant to section 350 of the Tariff Act of 1930 or (b) any other proclamation, a statute, or an executive order, which proclamation, statute, or order either provides for an exemption from duty or import tax or became effective subsequent to March 7, 1962. (c) In the case of the agreement with Israel of April 6, 1962, identified in Paragraph A(4) of this Part, in applying the General Notes to the schedule of the United States concessions, each rate in column A shall be treated as having become initially effective on July 1, 1962. (3) Modification Of Prior Proclamation. As a result of the proclamation of the agreement with India identified in Paragraph A(3) of this Part, I do hereby modify as of July 1, 1962, subject to the provisions of section 401 of the Tariff Classification Act of 1962, 76 Stat. 78, the list set forth in the sixteenth recital of Proclamation 3105 of July 22, 1955 (69 Stat. C44), so (hat the “Description of products” in item 1507 shall read: “Bristles (except natural bristles), sorted, bunched, or prepared.” (4) Termination Of Superseded Parts Of Prior Proclamation.

As a result of the proclamation of the agreements identified in Paragraphs A (4), (5), and (6) of this Part, parts of Proclamation 3468 of April 30, 1962 (27 F.R. 4235) have been superseded and accordingly,

Ante, p. 1467.

I hereby terminate Parts 1:1 and 1:2 of Proclamation 3468 of April 30, 1962 (27 F.R. 4235) insofar as those Parts relate to the Interim Agreement of March 5, 1962, between the United States and Portugal, and insofar as it contains an exception with respect to item 765 in the United States schedule to the Interim Agreement of March 5, 1962 between the United States and Peru as of July 1,

Ante, p. 1472.

 1962, and insofar as it relates to the Interim Agreement of March 5, 1962, between the United States and Israel, on July 5, 1962.

Ante, p. 1471.

76 Stat. 1490

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 20th day of June in the year of our Lord nineteen hundred and sixty-two, and of the [seal] Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3480 June 29, 1962 PROCLAMATION BY THE PRESIDENT OF THE UNITED STATES TERMINATING IN PART THE PROCLAMATION OF MAY 1, 1937, AND CONTINUING THE APPLICATION OF A PORTION OF THE FEBRUARY 19, 1937 TRADE AGREEMENT WITH EL SALVADOR Digitization Vendor By the President of the United States of America Proclamation Proclamation 3480
PROCLAMATION BY THE PRESIDENT OF THE UNITED STATES TERMINATING IN PART THE PROCLAMATION OF MAY 1, 1937, AND CONTINUING THE APPLICATION OF A PORTION OF THE FEBRUARY 19, 1937 TRADE AGREEMENT WITH EL SALVADOR By the President of the United States of America

June 29, 1962

 A Proclamation Part I— Statement of Purposes The purposes of this proclamation are: First— to terminate the proclamation of May 1, 1937, 50 Stat. 1564, insofar as it put into effect the schedules of concessions and related provisions of the trade agreement of February 19, 1937 between the United States and the Republic of El Salvador, 50 Stat. 1564. The two governments have, by an exchange of notes dated June 29, 1962, agreed to terminate, as of the close of August 8, 1962, the schedules of concessions and the related provisions, including Article I, the first paragraph of Article II, Articles III, V, VI, XVI, and in Article XVII the references to Article VI. Second— to continue in effect the language of the note originally appended to Schedule I of the 1937 agreement, which relates to pharmaceutical specialties or patent medicines, and which by the agreement of June 29, 1962 has been transferred into a new Article III of the 1937 agreement. Part II— Terminating in Part the Proclamation of May 1, 1937 and Continuing the Application of a Portion of the 1937 Agreement with El Salvador

NOW, THEREFORE,

I, JOHN F. KENNEDY, under the authority vested in me, as President, by the Constitution and statutes, in particular section

19 USC 1351.

350(a) of the Tariff Act of 1930, as amended, do proclaim that, as of August 8, 1962:

 (1) Termination The proclamation dated May 1, 1937, 50 Stat. 1564, shall be terminated insofar as it relates to the schedules of concessions, and related provisions, contained in the agreement of February 19, 1937, between the United States and El Salvador (50 Stat. 1564), and identified in the first paragraph of Part I of this proclamation. (2) Continuation

The language of the note originally appended to Schedule I of the agreement of February 19, 1937 between the United States and El Salvador (50 Stat. 1564), now contained in new Article III of that agreement and described in the second paragraph of Part I of this proclamation, shall continue to be applied.

76 Stat. 1491

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this twenty-ninth day of June in the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-sixth.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3481 July 12, 1962 MEDAL OF HONOR CENTENNIAL, U.S. ARMY Digitization Vendor By the President of the United States of America Proclamation Proclamation 3481
MEDAL OF HONOR CENTENNIAL, U.S. ARMY By the President of the United States of America

July 12, 1962

 A Proclamation WHEREAS the first act of Congress authorizing “medals of honor” for Army personnel was approved by President Lincoln on July 12, 1862 (joint resolution of July 12, 1862. 12 Stat. 623); and WHEREAS the first “medals of honor” awarded Army personnel were presented by Secretary of War Stanton on March 25, 1863; and WHEREAS the awarding of the Medal of Honor, often called the “Congressional Medal of Honor,” is generally recognized as the highest honor this Nation bestows upon a member of its armed forces for gallantry and intrepidity in combat above and beyond the call of duty, and such medals may lie awarded to personnel of the Army, Navy, Marine Corps, Air Force, and Coast Guard; and WHEREAS it is appropriate that the centennial of the approval of the joint resolution of July 12, 1862, and the presentation of the first medals of honor to Army personnel on March 25, 1863, be celebrated to commemorate the significance and the proud history of the Medal of Honor:

NOW, THEREFORE. I, JOHN F. KENNEDY, President of the United States of America, do hereby proclaim the period from July 12, 1962, to March 25, 1963, as the Medal of Honor Centennial, U.S. Army.

I urge the people of the United States to commemorate the significance of the Medal of Honor during this centennial period; and I urge the Governors of the various States, other State and municipal officials, and the various civic and patriotic organizations to plan and conduct, in conjunction with local Army commanders, appropriate ceremonies for commemoration of the Medal of Honor during the centennial period.

I direct the Secretary of the Army, acting under the direction of the Secretary of Defense, to insure that appropriate commemorative ceremonies of national interest are conducted in the Military District of Washington on July 12, 1962, and March 25, 1963. The Secretary of the Army will insure that commemorative ceremonies of local interest are conducted at other times during the centennial period at or in the vicinity of various Army commands.

I also direct the Secretary of the Army, acting under the direction of the Secretary of Defense, to lend the greatest possible assistance to the various State Governors, other State and municipal officials, and civic 76 Stat. 1492and patriotic organizations to insure the success of their ceremonial undertakings in commemoration of the significance of the Medal of Honor.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this twelfth day of July in the year of our Lord nineteen hundred and sixty-two, and of the [seal] Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3482 July 13, 1962 CAPTIVE NATIONS WEEK, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3482
CAPTIVE NATIONS WEEK, 1962 By the President of the United States of America

July 13, 1962

 A Proclamation WHEREAS by a joint resolution approved July 17, 1959 (73 Stat. 212), the Congress authorized and requested the President of the United States of America to issue a proclamation designating the third week in July 1959 as “Captive Nations Week,” and to issue a similar proclamation each year until such time as freedom and independence shall have been achieved for all the captive nations of the world; and WHEREAS there exist many historical and cultural ties between the people of these captive nations and the American people; and WHEREAS the principles of self-government and human freedom are universal ideals and the common heritage of mankind:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby designate the week beginning July 15, 1962, as Captive Nations Week.

I invite the people of the United States of America to observe this week with appropriate ceremonies and activities, and I urge them to give renewed devotion to the just aspirations of all people for national independence and human liberty.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this thirteenth day of July in the year of our Lord nineteen hundred and sixty-two, and of [seal] the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3483 July 18, 1962 FIRE PREVENTION WEEK, 1962 Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1493 Proclamation 3483
FIRE PREVENTION WEEK, 1962 By the President of the United States of America

July 18, 1962

 A Proclamation WHEREAS experience has revealed the great value of effective community fire prevention programs in conserving our national treasures of life and property; and WHEREAS increased fire losses during the past year demand an immediate awareness on the part of the public of the need for, and value of, exercising greater care and responsibility in avoiding destructive fires and for participating in community fire prevention programs and related activities:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby designate the week beginning October 7, 1962, as Fire Prevention Week.

I bid all citizens to join in actively promoting the fire prevention and control efforts of their respective community fire departments, and I especially invoke the wholehearted support of State and local governments, the Chamber of Commerce of the United States, the American National Red Cross, and other labor, business, farm, and professional organizations, as well as schools, civic groups, and pubic information agencies, in observing Fire Prevention Week and in enlisting the public as active participants in fire prevention efforts. I also direct the appropriate Federal agencies to assist in this effort to reduce the shameful waste caused by preventable fires.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this eighteenth day of July in the year of our Lord nineteen hundred and sixty-two, [seal] and of the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3484 July 18, 1962 NATIONAL PUBLIC WORKS WEEK Digitization Vendor By the President of the United States of America Proclamation Proclamation 3484
NATIONAL PUBLIC WORKS WEEK By the President of the United States of America

July 18, 1962

 A Proclamation WHEREAS public works facilities and services are of vital importance to the health and well-being of the, people of this Nation; and WHEREAS such facilities and services could not be provided without the dedicated efforts of public works engineers and administrators, representing Federal, State, and local units of Government, who are responsible for and must design, build, operate, and maintain the highway, water supply, sewage and refuse disposal systems, public buildings, and other structures and facilities essential to serve our citizens; and 76 Stat. 1494 WHEREAS it is in the public interest for the citizens and civic leaders of this country to gain knowledge of and to maintain a progressive interest in the public works needs and programs of their respective communities: and

Ante, p. 168.

WHEREAS the Congress by Senate Joint Resolution 68, approved July 18, 1962, requested the President to issue a proclamation designating the seven-day period commencing October 14, 1962, as National Public Works Week:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby designate the week beginning October 14, 1962, as National Public Works Week; and I urge all our people to join with representatives of governmental agencies in activities and ceremonies designed to pay tribute to our public works engineers and administrators and to recognize the substantial contributions they have made to our national health and welfare.

IN WITNESS WHEREOF. I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this eighteenth day of July in the year of our Lord nineteen hundred and sixty-two, [seal] and of the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3485 July 19, 1962 ALLOCATING TO CERTAIN WESTERN HEMISPHERE COUNTRIES PART OF THE SUGAR WHICH WOULD HAVE BEEN ALLOCATED TO CUBA Digitization Vendor By the President of the United States of America Proclamation Proclamation 3485
ALLOCATING TO CERTAIN WESTERN HEMISPHERE COUNTRIES PART OF THE SUGAR WHICH WOULD HAVE BEEN ALLOCATED TO CUBA By the President of the United States of America

July 19, 1962

 A Proclamation WHEREAS section 202(c) (4) of the Sugar Act of 1948 (P.L. 87–535

Ante, pp. 156, 169.

and 87–539) provides as follows: “(4) (A) Notwithstanding the provisions of paragraph (3) of this subsection, whenever the United States is not in diplomatic relations with any country named in paragraph (3) of this subsection and during such period after resumption of diplomatic relations with such country as the Secretary determines is required to permit an orderly adjustment in the channels of commerce for sugar, the proration or allocation provided for in paragraph (3) of this subsection shall not be made to such country, and a quantity of sugar not to exceed an amount equal to the proration or allocation which would have been made but for the provisions of this paragraph, may be authorized for purchase and importation from foreign countries, except that all or any part of such quantity need not be purchased from any country with which the United States is not in diplomatic relations, or from any country designated by the President whenever he finds and proclaims that such action is required in the national interest. In authorizing the purchase and importation of sugar from foreign countries under this paragraph, special consideration shall be given to countries of the Western Hemisphere and to those countries purchasing United States agricultural commodities. 76 Stat. 1495 “(B) Of the quantity authorized for purchase and importation under subparagraph (A), the President is authorized to allocate to countries within the Western Hemisphere, for the six-month period ending December 31, 1962, an amount of sugar, raw value, not exceeding in the aggregate 75,000 short tons, and for the calendar years 1963 and 1964, an amount of sugar, raw value, not exceeding in the aggregate 150,000 short tons.”; and WHEREAS the allocation of sugar authorized under the provisions of section 202(c)(4)(B) of the Sugar Act of 1948, as amended, is dependent upon a quantity of sugar being available for purchase and importation in accordance with the provisions of section 202(c)(4) (A) of the Act, during the six-month period ending December 31, 1962, and each of the calendar years 1963 and 1964: NOW, THEREFORE, I, John F. Kennedy, President of the United States of America, acting under and by virtue of the authority vested in me by section 202(c) (4) (B) of the Sugar Act of 1948, as amended, do hereby allocate, of the quantities authorized for purchase and importation under section 202(c)(4)(A) of such Act, the following quantities of sugar, raw value, as sugar which may be imported into the continental United States from the specified countries for the specified periods pursuant to section 202(c) (4) (B) of such Act: 1. For the six-month period ending December 31, 1962: a. From Argentina 10,000 short tons, and b. From the Dominican Republic 65,000 short tons. 2. For each of the calendar years 1963 and 1964: a. From Argentina 20,000 short tons, and b.

From the Dominican Republic 130,000 short tons.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the city of Washington this 19th day of July, in the year of our Lord nineteen hundred and sixty-two, and of the inde-[seal] pendence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3486 August 14, 1962 MODIFYING THE NATURAL BRIDGES NATIONAL MONUMENT, UTAH Digitization Vendor By the President of the United States of America Proclamation Proclamation 3486
MODIFYING THE NATURAL BRIDGES NATIONAL MONUMENT, UTAH By the President of the United States of America

August 14, 1962

 A Proclamation WHEREAS the Natural Bridges National Monument, Utah, established by Proclamation No. 804 of April 16, 1908, and modified by

35 Stat. (Pt. 2) 2183.

36 Stat. (Pt. 2) 2509.

39 Stat. (Pt. 2) 1764.

Proclamation No. 881 of September 25, 1909, and Proclamation No. 1323 of February 11, 1916, was reserved and set apart for the preservation and protection of three extraordinary natural bridges and certain surrounding prehistoric ruins and cave springs; and WHEREAS it appears that it would be in the public interest to add to such monument, approximately five thousand two hundred and thirty-six acres of land near the present boundaries which contain additional cliff-type prehistoric Indian ruins and suitable space for 76 Stat. 1496construction of a visitor center, administrative offices, employee residences, utility and maintenance facilities, and a new entrance road; and WHEREAS it also appears that it would be in the public interest to exclude from the monument approximately three hundred and twenty acres of land, known as Snow Flat Spring Cave and Cigarette Spring Cave, which no longer contain features of archeological value and are not needed for the proper care, management, protection, interpretation, and preservation of the monument:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, by virtue of the authority vested in me by Section 2 of the Act of June 8, 1906, 34 Stat. 225 (16 U.S.C. 431), do proclaim as follows:

Subject to any valid interest or rights, the lands now owned by the United States within the exterior boundaries of the following described tracts of land, which include the additional lands needed for the purposes stated above, shall constitute the Natural Bridges National Monument; and lands owned by the State of Utah within such boundaries shall become a part of that monument upon acquisition of title thereto by the United States:

Salt Lake Meridian, Utah T. 36 S., R. 17 E. sec. 25, E½ and SW¼ sec. 26, SE¼ and E½SW¼ sec. 34, E½NE¼, SW¼NE¼, SE¼, and SE¼SW¼ all of sections 35 and 36 T. 36 S., R. 18 E. all of sections 30 and 31 T. 37 S., R. 17 E. all of sections 1,2, and 3 sec. 4, E½ sec. 10, E½ and N½NW¼ all of section 11 sec. 12, NWy¼ sec. 14, N½ sec. 15, E½NE¼ T. 37 S., R. 18 E. sec. 6, NW¼,

The following-described lands in the State of Utah are hereby excluded from the Natural Bridges National Monument:

Salt Lake Meridian, Utah

Cigarette Spring Cave

T. 40 S., R. 19 E. sec. 1, Portions of NW¼ and N½SW¼ (exclusive of lots 5, 6, 7, 8, and 9) sec. 2, Portions of E½NE¼ and NE¼SE¼ (exclusive of lots 5, 6, and 7) Snow Flat Spring Cave T. 39 S., R. 19 E. sec. 12, SE¼SE¼ sec. 13, NE¼NE¼ T. 39 S., R. 20 E. sec. 7, SW¼SW¼ sec. 18, NW¼NW¼

The public lands hereby excluded from the monument shall not be subject to application, location, settlement, entry, or other forms of appropriation under the public-land laws until further order of an authorized officer of the Department of the Interior.

The Natural Bridges National Monument shall be administered pursuant to the Act of August 25, 1916, 39 Stat. 535 (16 U.S.C. 1–3), and acts supplementary thereto and amendatory thereof.

Warning is hereby expressly given to all unauthorized persons not to appropriate, injure, destroy, or remove any of the features or objects 76 Stat. 1497of this monument and not to locate or settle upon any of the lands reserved by this proclamation.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this fourteenth day of August in the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3487 August 16, 1962 CHILD HEALTH DAY, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3487
CHILD HEALTH DAY, 1962 By the President of the United States of America

August 16, 1962

 A Proclamation WHEREAS children are our Nation’s most priceless resource and most cherished responsibility; and WHEREAS it is essential that boys and girls of our Nation be given a good start in life by the fostering of their emotional, physical, and spiritual well-being so that in future years each may achieve his full potential for a productive and satisfying life; and WHEREAS the observance of a special day emphasizing child health effectively underscores these goals; and WHEREAS the Congress, by a joint resolution of May 18, 1928, 45 Stat. 617, as amended by a joint resolution of September 22, 1959, 73 Stat. 627 (36 U.S.C. 143), requested the President of the United States to issue annually a proclamation setting apart the first Monday in October as Child Health Day; and WHEREAS Child Health Day is also an appropriate time to observe a Universal Children’s Day, and to salute the work which the United Nations, through its specialized agencies, and the United Nations Children’s Fund are doing to build better health for children around the world:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby designate Monday, the first day of October 1962, as Child Health Day; and I invite all persons and all agencies and organizations interested in the welfare of children to unite on that day in observances that will underscore the importance of providing opportunities for our children at the beginning of life that will insure healthy development through the years.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this sixteenth day of August in the year of our Lord nineteen hundred and sixty-two, [seal] and of the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy

By the President:

George W. Ball,

Acting Secretary of State.
3488 August 24, 1962 NATIONAL EMPLOY THE PHYSICALLY HANDICAPPED WEEK, 1962 Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1498 PROCLAMATION 3488
NATIONAL EMPLOY THE PHYSICALLY HANDICAPPED WEEK, 1962 By the President of the United States of America

August 24, 1962

 A Proclamation WHEREAS our handicapped workers have contributed immeasurably to the strength of our Nation through their productive capacity; and WHEREAS our expanding economy demands effective and ever-enlarging utilization of our total manpower, suitably placed according to individual skills and talents; and WHEREAS the physically and mentally handicapped, through increased emphasis on rehabilitation and training to prepare them for occupations commensurate with their abilities, stand ready to assume an even greater share in our social and economic progress; and WHEREAS their readiness to assume this greater role can be translated into action by acquainting more employers and the public generally with the policy of giving full consideration to handicapped persons in employment, promotion, reassignment and retention; and

36 USC 155.

WHEREAS the Congress, by a joint resolution approved August 11, 1945 (59 Stat. 530), has designated the first week in October of each year as National Employ the Physically Handicapped Week and has requested the President to issue a suitable proclamation each year:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do call upon the people of our Nation to observe the week beginning October 7, 1962, as National Employ the Physically Handicapped Week, and to cooperate with the President’s Committee on Employment of the Handicapped in furthering equal employment opportunity for the handicapped.

I also call upon the Governors of States, mayors of municipalities, Federal and other public officials, leaders of industry and labor, and other interested individuals and organizations to take part in this observance. I particularly urge employers to renew their efforts to give the handicapped equal consideration with others similarly qualified for employment; and I request all our people to follow the American tradition of helping others to help themselves by assisting handicapped persons to achieve economic independence and active participation in the total life of the national community.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this twenty-fourth day of August in the year of our Lord nineteen hundred and sixty-[seal] two, and of the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3489 September 6, 1962 NATIONAL VOTER REGISTRATION MONTH, 1962 Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1499 Proclamation 3489
NATIONAL VOTER REGISTRATION MONTH, 1962 By the President of the United States of America

September 6, 1962

 A Proclamation WHEREAS a disturbingly large number of citizens, who would otherwise be qualified to vote in Federal, State and local elections, are barred from voting because they fail to register to vote in compliance with State election laws; and WHEREAS each qualified citizen has not only a right to vote but also a civic obligation and responsibility to do so; and WHEREAS the failure of such a critical number of our qualified citizens to register and vote necessarily weakens our system of free democratic institutions and processes and constitutes a reflection upon our traditional concept of popularly-elected representative government; and WHEREAS I am convinced that an immediate and intensive nationwide voter registration campaign could substantially reduce the number of qualified citizens who will be barred from voting in the forthcoming congressional elections by reason of failure to comply with election registration laws:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America do hereby designate September, 1962, as National Voter Registration Month; and I urge the Governors and election officials of the several States, together with other officials, candidates for public office, and political parties and organizations to institute an immediate and intensive nonpartisan campaign designed to achieve the registration of as many qualified citizens as possible prior to the forthcoming congressional elections.

I also urge all interested citizens and all civic and educational organizations to partipicate in this voter registration campaign and to take all appropriate steps to assure a maximum registration of qualified voters.

Finally, I urge our newspapers, magazines, and other periodicals, our television and radio stations and networks, our motion picture industry, and all other news media to publicize and promote this voter registration drive.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this sixth day of September in the year of our Lord nineteen hundred and sixty-two and [seal] of the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3490 September 10, 1962 GENERAL PULASKI’S MEMORIAL DAY, 1962 Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1500 Proclamation 3490
GENERAL PULASKI’S MEMORIAL DAY, 1962 By the President of the United States of America

September 10, 1962

 A Proclamation WHEREAS Casimir Pulaski, a young Polish patriot and lifelong fighter against tyranny, volunteered in the Continental Army during the American Revolution, fought with bravery, provided the struggling new nation with brilliant military leadership, was made a brigadier general by Congress, and formed his own famed Pulaski’s Legion; and WHEREAS this year marks the one hundred and eighty-third anniversary of his death on October 11, 1779, at Savannah, Georgia, where he received mortal wounds while leading a cavalry charge in the battle to recapture that city; and WHEREAS the American people feel deep gratitude to General Pulaski and to his countrymen and the many other foreign patriots who joined in and fought for the cause of our freedom; and WHEREAS General Pulaski’s distinguished dedication to the cause of liberty will always serve as an inspiration to all peoples in their struggle for national freedom:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby designate Thursday, October 11, 1962, as General Pulaski’s Memorial Day; and I direct the appropriate officials of the Federal Government to display the flag of the United States on all Government buildings on that day.

I also invite the people of the United States to observe the day with appropriate ceremonies in honor of the memory of General Pulaski and the high ideals for which he sacrificed his life.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this tenth day of September in the year of our Lord nineteen hundred and sixty-two [seal] and of the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3491 September 13, 1962 NATIONAL FOREST PRODUCTS WEEK, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3491
NATIONAL FOREST PRODUCTS WEEK, 1962 By the President of the United States of America

September 13, 1962

 A Proclamation WHEREAS this Nation, from its beginning endowed by Nature with vast areas of forests highly productive of wood, water, wildlife, and opportunities for physical recreation and spiritual uplift, has built and maintained from the timber produced from these forests a major industry that over the year’s has yielded a continuous, varied and bountiful flow of goods of great beauty and utility; and 76 Stat. 1501 WHEREAS this forest-based industry is among the Nations largest and currently employs one out of every 20 persons employed, and the forest itself continues to be a much sought-after base for expanded industry development that in the future will employ even more people, provide new timber products, and generally aid in the continuation of this country’s economic progress; and WHEREAS under modern technology and enlightened management policies the forest products industry opportunities can lie realized with enhancement of other recognized and inherent material and spiritual benefits derived from abundant, well managed and developed forests; and WHEREAS the Congress, wishing to emphasize and assure full understanding of our great forest heritage and its possibilities, has by joint resolution approved on September 13, I960 (74 Stat. 898)

36 USC 163.

designated the seven-day period beginning on the third Sunday of October in each year as National Forest Products Week, and has requested the President to issue an annual proclamation calling for the observance of that week:

NOW, THEREFORE, I, John F. Kennedy, President of the United States of America, do hereby call upon the people of the United States to observe the week beginning October 21, 1962, as National Forest Products Week, with activities and ceremonies designed to direct public attention to the necessity for recognizing that productive forests and a thriving forest products industry are elements in our economy essential to its continued growth.

IN WITNESS WHEREOF. I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 13th day of September in the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3492 September 17, 1962 AMERICAN EDUCATION WEEK, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3492
AMERICAN EDUCATION WEEK, 1962 By the President of the United States of America

September 17, 1962

 A Proclamation WHEREAS the outstanding accomplishments in the field of science and technology, especially in space exploration, electronics, peaceful use of atomic energy, and medical research, stagger the imagination and clearly and dramatically demonstrate the need for unceasing efforts to improve and expand our educational systems and educational facilities; and WHEREAS the ever-increasing complexities of modern-day living constantly challenge our ingenuity and compel us to set higher standards of educational achievement to meet that challenge and to assure national progress; and WHEREAS the efforts of our Nation’s schools and colleges to provide the education and leadership required to preserve both freedom 76 Stat. 1502and peace, and to assure a full and abundant life for all people should be expressly recognized:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby designate the period from November 11 through November 17, 1962, as American Education Week.

I urge all citizens to give special attention during that week to the aims and purposes of education and the programs and problems of our schools and colleges. We should examine the quality of our educational institutions and assess the degree to which our educational programs and practices serve the interests of the individual and bring vitality and strength to our Nation and its culture. Every American should be fully committed to the advancement of education.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this seventeenth day of September in the year of our Lord nineteen hundred and sixty-two, [seal] and of the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3493 September 19, 1962 VETERANS DAY, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3493
VETERANS DAY, 1962 By the President of the United States of America

September 19, 1962

 A Proclamation WHEREAS we are deeply conscious of the debt we owe to the men and women of our Nation who served in our armed forces during times of conflict, thereby preserving our heritage of freedom and advancing the cause of world peace; and WHEREAS the continued devotion and adherence to the highest ideals of citizenship by our veterans has been inspirational to us in peacetime as well as in time of war; and WHEREAS the eleventh of November has been dedicated to the cause of world peace by the Congress and has been designated as a legal holiday to be known as Veterans Day (Act of May 13, 1938, 52 Stat. 351, as amended (5 U.S.C. 87a)):

NOW, THEREFORE, I, JOHN F. KENNEDY President of the United States of America, do hereby invite my fellow citizens to S in with me on Sunday, November 11, 1962, in observing Veterans Day by attending and participating in ceremonies which will demonstrate our continued desire for world peace and our heartfelt gratitude to our veterans whose service and sacrifice has advanced the cause of peace.

I direct the appropriate officials of the Federal Government to arrange for the display of the flag of the United States on all public buildings on Veterans Day.

I also call upon officials of the Federal Government and of the State Governments, as well as upon local officials, to cooperate fully with the Veterans Day National Committee and interested patriotic organi-76 Stat. 1503zations in their efforts to make clear to all our people the true significance of Veterans Day.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this nineteenth day of September in the year of our Lord nineteen hundred and sixty-two, [seal] and of the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3494 September 20, 1962 NATIONAL SAFETY COUNCIL FIFTIETH ANNIVERSARY YEAR Digitization Vendor By the President of the United States of America Proclamation Proclamation 3494
NATIONAL SAFETY COUNCIL FIFTIETH ANNIVERSARY YEAR By the President of the United States of America

September 20, 1962

 A Proclamation WHEREAS October 1962 marks the beginning of the fiftieth anniversary observance of the founding of the National Safety Council; and WHEREAS the Council has striven faithfully during this half century to develop and implement sound, effective programs directed toward the prevention of accidents of all kinds; and WHEREAS there has been a notable and steady decline in the rates of accidental death and injury as a result of such national programs of the organized safety movement; and WHEREAS this decline in accident rates demonstrates the value of nationwide safety activities as carried on under the leadership of the National Safety Council; and WHEREAS the Council, as a guardian of the public interest, has proved its dedication to the safety and welfare of the Nation’s citizens, as set forth in its Federal charter; and WHEREAS the Congress, by Senate Joint Resolution 222, approved September 20, 1962, requested the President to issue a proclamation

Ante, p. 569.

designating the period October 1962 through October 1963 as National Safety Council Fiftieth Anniversary Year;

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby designate the period October 1962 through October 1963 as National Safety Council Fiftieth Anniversary Year, in recognition of the role of the National Safety Council in our way of life; and I urge the Governors of the States, the Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States, and mayors of cities to issue similar proclamations.

I also ask the appropriate officials of the Federal, State, and local governments, as well as public and private organizations and the general public, to join in observance of this significant occasion, and to increase their efforts to reduce the number of accidents in homes, in industry, in public places, and on our streets and highways.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

76 Stat. 1504

DONE at the City of Washington this twentieth day of September in the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
3495 September 25, 1962 NATIONAL FARM-CITY WEEK, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3495
NATIONAL FARM-CITY WEEK, 1962 By the President of the United States of America

September 25, 1962

 A Proclamation WHEREAS this year marks the completion of the first one hundred years of service of the United States Department of Agriculture; and WHEREAS this is also the centennial year of the establishment of the land-grant system of universities and colleges; and WHEREAS an individual American farm worker can now produce food and fiber for himself and twenty-six others, the greatest farm efficiency ever known to man; and WHEREAS this agricultural efficiency and abundance is necessary not only to the well-being of all our own people and to the strength of our Nation, but also to the growth of freedom in the newly emerging nations who look to us for the shared fruits of our land and the technology of our agriculture; and WHEREAS this abundant production and skill of the American farmer has enabled our cities to grow, without fear of hunger; and WHEREAS the American farmer is ever more dependent on the city worker to supply the machines and power and other tools necessary for this efficient farm production; and WHEREAS there is a continuing need for mutual recognition and appreciation by farm families and city families of their interdependence:

NOW THEREFORE, I, JOHN F. KENNEDY, President of the United estates of America, do hereby designate the week of November 16 through November 22, 1962, as National Farm-City Week; and I call upon our citizens throughout the Nation to participate fully in the observance of that week.

I request labor, business and civic associations, industry groups, women’s clubs, and all consumers, along with farm groups, to join in this observance as evidence of America’s appreciation to all those, in the cities and on the farms, who provide us with food and fiber for better living.

I request the Department of Agriculture and other appropriate Federal agencies, the land-grant colleges and universities, and the Cooperative Extension Service to cooperate with national, state, and local groups in preparing and carrying out programs for the appropriate observance of National Farm-City Week, including public meetings, exhibits, pageants, press, radio, and television features, with special emphasis on the interdependence of farm families and city families.

76 Stat. 1505

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 25th day of September in the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3496 September 28, 1962 EIGHTIETH ANNIVERSARY OF THE CIVIL SERVICE ACT Digitization Vendor By the President of the United States of America Proclamation Proclamation 3496
EIGHTIETH ANNIVERSARY OF THE CIVIL SERVICE ACT By the President of the United States of America

September 28, 1962

 A Proclamation WHEREAS January 16, 1963, marks the eightieth anniversary of the signing of the Civil Service Act of 1883; and

22 Stat. 403.

 WHEREAS the Civil Service Act has stood the tests of time in providing the excellence in civil service which is required for successful execution of Federal programs and policies which have deep significance to all Americans and all citizens of the free world; and WHEREAS the Act of 1883 has been strengthened by subsequent laws, interpretations, and executive actions to create an even more effective and highly qualified Federal work force; and WHEREAS the life of every American is touched directly or indirectly every day by the services which Federal public servants perform; and WHEREAS public esteem for career civil servants is a prerequisite for attracting well-qualified citizens to compete for Government service, a fact which requires greater public awareness of the value of the merit system, the achievements of Government workers, and the career opportunities offered in Federal service:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby call upon the people of the United States to participate in the observance of the eightieth anniversary of the Civil Service Act during the month of January 1963.

I also call upon the heads of Federal departments and agencies, as well as leaders of industry and labor and members of all public-spirited groups, to arrange appropriate ceremonies in honor of the public services performed by our able and devoted Federal civil servants throughout the country.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this twenty-eighth day of September in the year of our Lord nineteen hundred and [seal] sixty-two, and of the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3497 September 30, 1962 OBSTRUCTIONS OF JUSTICE IN THE STATE OF MISSISSIPPI Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1506 Proclamation 3497
OBSTRUCTIONS OF JUSTICE IN THE STATE OF MISSISSIPPI By the President of the United States of America

September 30, 1962

 A Proclamation WHEREAS the Governor of the State of Mississippi and certain law enforcement officers and other officials of that State, and other persons, individually and in unlawful assemblies, combinations and conspiracies, have been and are willfully opposing and obstructing the enforcement of orders entered by the United States District Court for the Southern District of Mississippi and the United States Court of Appeals for the Fifth Circuit; and WHEREAS such unlawful assemblies, combinations and conspiracies oppose and obstruct the execution of the laws of the United States, impede the course of justice under those laws and make it impracticable to enforce those laws in the State of Mississippi by the ordinary course of judicial proceedings; and WHEREAS I have expressly called the attention of the Governor of Mississippi to the perilous situation that exists and to his duties in the premises, and have requested but have not received from him adequate assurances that the orders of the courts of the United States will be obeyed and that law and order will be maintained:

NOW, THEREFORE, I, JOHN F. KENNEDY, President oi the United States, under and by virtue of the authority vested in me by the Constitution and laws of the United States, including Chapter 15 of Title 10 of the United States Code, particularly sections 332, 333 and 334 thereof, do command all persons engaged in such obstructions of justice to cease and desist therefrom and to disperse and retire peaceably forthwith.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 30th day of September in the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3498 October 3, 1962 COLUMBUS DAY, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3498
COLUMBUS DAY, 1962 By the President of the United States of America

October 3, 1962

 A Proclamation WHEREAS four hundred and seventy years ago Christopher Columbus set sail from Spain into an unknown sea on a voyage to increase the opportunities for commerce and on October 12, 1492, sighted the land of a new world; and WHEREAS his westward course was followed by millions of others from the Old World who came with the same enterprising spirit to build this Nation and other nations in this hemisphere, and to create an indestructible bond between the two hemispheres which continues 76 Stat. 1507to grow closer and stronger as a result of both the increasing dangers and constructive opportunities of our modem age; and WHEREAS in our own uncertain world Columbus’ courage and strength of conviction inspire us as we work toward world community among all nations based upon the principles of a lasting peace, freedom, justice, and the dignity of man; and WHEREAS the Congress of the United States, in recognition of our indebtedness to Christopher Columbus, by a joint resolution approved April 30, 1934 (48 Stat. 657), has requested the President to

36 USC 146.

issue a proclamation designating October 12 of each year as Columbus Day:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby designate Friday, October 12, 1962, as Columbus Day.

I direct the appropriate officers of the Federal Government to display the flag of the United States on all Government buildings on that day; and I request the appropriate officers of the State and local governments likewise to display the flag on that day.

I also invite the people of the United States to observe the day with appropriate ceremonies in honor of the memory of Christopher Columbus and his daring achievement.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this third day of October in

the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3499 October 9, 1962 NATIONAL SCHOOL LUNCH WEEK, 1962 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3499
NATIONAL SCHOOL LUNCH WEEK, 1962 By the President of the United States of America

October 9, 1962

 A Proclamation WHEREAS the National School Lunch Act was enacted, as a

60 Stat. 230.

42 USC 1751 note.

measure of national security, to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school-lunch programs; and WHEREAS the school-lunch program is essentially a community effort, depending on the interest and support of every citizen; and WHEREAS, in order to encourage our citizens and civic groups to lend assistance to the school-lunch program, the Congress, by a joint resolution approved October 9, 1962, has designated the seven-day

Ante, p. 779.

period beginning on the second Sunday of October in each year as National School Lunch Week, and has requested the President to issue annually a proclamation calling for the observance of that week: 76 Stat. 1508

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, do hereby call upon the people of the United States to observe the week beginning October 14, 1962, as National School Lunch Week, with ceremonies and activities designed to encourage our citizens and civic groups to extend every effort in support of the school-lunch program.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this ninth day of October in the year of our Lord nineteen hundred and sixty-two, and of [seal] the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3500 October 9, 1962 PROVIDING FURTHER FOR THE OBSERVANCE OF THE ONE HUNDRED AND SEVENTY-FIFTH ANNIVERSARY OF THE SIGNING OF THE CONSTITUTION Digitization Vendor By the President of the United States of America Proclamation Proclamation 3500
PROVIDING FURTHER FOR THE OBSERVANCE OF THE ONE HUNDRED AND SEVENTY-FIFTH ANNIVERSARY OF THE SIGNING OF THE CONSTITUTION By the President of the United States of America

October 9, 1962

 A Proclamation WHEREAS September 17, 1962, marked the one hundred and seventy-fifth anniversary of the signing of the Constitution of the United States; and WHEREAS the Congress, by joint resolution of July 14, 1960, 74 Stat. 508, as amended by Senate Joint Resolution 60, approved October 9,

Ante, p. 757.

1962, provided for a comprehensive national observance of this anniversary; and

Ante, p. 1462.

WHEREAS by Proclamation No. 3464 of April 5, 1962, I designated the period beginning September 17 and ending September 23, 1962, as Constitution Week:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States, acting in accord with Senate Joint Resolution 60, do hereby further designate the period from September 17, 1962, to July 4, 1963, inclusive, as a period dedicated to a renewal of national awareness of the priceless heritage which the Constitution represents; and I call upon the people of the United States during that period to engage in such educational and inspirational activities as will deepen their understanding of the Constitution and strengthen their devotion to it.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this ninth day of October in the year of our Lord nineteen hundred and sixty-two, and of [seal] the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Chester Bowles, Acting Secretary of State.
3501 October 11, 1962 NATIONAL DAY OF PRAYER, 1962 Digitization Vendor By the President of the United States of America Proclamation 76 Stat. 1509 Proclamation 3501
NATIONAL DAY OF PRAYER, 1962 By the President of the United States of America

October 11, 1962

 A Proclamation WHEREAS faith in Almighty God was a dominant power in the lives of our Founding Fathers; and WHEREAS they expressed this faith in prayer, and in this posture members of the Continental Congress mutually pledged their lives, their fortunes, and their sacred honor; and WHEREAS each succeeding generation has shared that faith; and WHEREAS in full recognition of our dependence upon Almighty God and for our continuing need of His great blessings, the Congress of the United States by joint resolution approved on the seventeenth day of April 1952 a provision that “The President shall set aside and

66 Stat. 64.

36 USC 185.

g reclaim a suitable day each year, other than a Sunday, as a National Day of Prayer, on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals”:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States, do set aside and proclaim Wednesday, the seventeenth day of October 1962, as the National Day of Prayer.

On this day, let us all pray, each following the practices of his own faith. Let us pray for our Nation and for other nations of the world. May we especially ask God’s blessing upon—

Our homes, that this integral unit of society may nurture our youth and give to them the needed faith in God, in our Nation, and in their future;

Our citizens, that they may increase in the desire to promote mercy and justice, peace and freedom, good will and brotherhood; that they may open new frontiers in helping to alleviate hunger, ignorance and disease;

Our Nation, that each new achievement may add to our heritage of faith;

And our world, that this generation may experience the fruits of peace and may know the real meaning of brotherhood under God.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 11th day of October, in the year of our Lord nineteen hundred and sixty-two, and of [seal] the Independence of the United States of America the one hundred and eighty-seventh.

John F. Kennedy By the President: Dean Rusk, Secretary of State.
LAWS AFFECTED IN VOLUME 76 [and laws expressly affected in volume 76a, canal zone code] CONTENTS Tables of Amendments and Repeals of Prior Laws and Other Federal Instruments Page Table 1. 1513 Table 2. 1561 Table 3. 1563 Table 4. 1570 Table 5. 1581 Table 6. 1581 Table 7. 1581 Table 8. 1582 Table 9. 1582 Table 10. 1582 Tables of Prior Laws and Other Federal Instruments Referred to in Text Table 11. 1586 Table 12. 1591 Table 13. 1591 Table 14. 1591 Table 15. 1593 Table 16. 1594 Table 17. 1595 Table 18. 1595 Table 19. 1595 EXPLANATION

General.

The following tables are designed to serve as a guide to prior laws and other Federal instruments which are patently amended, repealed, referred to, or otherwise cited by the textual provisions of the public laws contained in this volume. These tables were initiated as a separate pamphlet to accompany Volume 70 of the United States Statutes at Large. Beginning with Volume 71, they are being published as an integral part of each volume.

From time to time the tables will be cumulated and made separately available as a convenience to users. Tables 1–9 of Volumes 70–74 covering the years 1956 through 1960 have been cumulated and published as a separate pamphlet. Coverage and arrangement of the tables are subject to change with a view to improved usefulness.

The arrangement of the tables is outlined above. There are two basic groups: (1) Tables 1–10 cover amendments, repeals, and other actions directly affecting prior laws and other Federal instruments; and (2) Tables 11–19 cover all citations and other references to prior laws and other Federal instruments.

Details of Arrangement.

Tables 1–9 are limited to cases in which prior laws and other Federal instruments are expressly affected.

Table 10 is a catch-all table designed as a finding aid to relationships which are expressed in general terms. Listed in this table are all public laws in this volume15111512which contain such provisions as “notwithstanding any other provision of law,” and “all laws in conflict with this law are hereby repealed.”

Tables 11–19 cover all other cases in which prior laws or other Federal instruments are mentioned in the text of the public laws in this volume, without regard to the purpose underlying such reference.

In each of the basic groups the first and largest table is entitled “General Legislation,” and contains listings of all laws affected which have not been codified in the Revised Statutes, the Internal Revenue Codes, or in those titles of the United States Code which have been enacted into positive law. Succeeding tables cover these codified provisions, as well as other instruments such as reorganization plans, veterans’ regulations, Executive orders and proclamations, and treaties and international agreements. The numbering of the tables in the two groups is parallel. Thus Table 2 and Table 12 both relate to the Revised Statutes; Table 7 and Table 17 both relate to veterans’ regulations.

Table 1 is arranged chronologically. In preparing this table the “basic act” principle has been followed. Under this principle the key listing of amendatory legislation will be found under the basic act affected, rather than under intervening amendments thereto. Furthermore, all laws included are treated as if tables covering prior volumes of the United States Statutes at Large were in existence. Thus, no attempt is made to give an historical picture of a law, and only the latest amendment in the chain will be reflected. Occasionally, to promote clarity, cross references have been supplied at key points.

Users of Table 1 should, therefore, look under the date, public law number, or statutes volume and page number of the basic act affected, in order to determine whether changes have been made by the public laws contained in this volume. Although a given section of any act may have been added at a later date, the section is carried under the date and statutes citation of the basic act. For this reason the page numbers in the column headed “Statutes volume and page” are the numbers of the page on which each act begins.

All tables are arranged chronologically, except where the existence of a system of codification makes possible a sequential arrangement from the lowest to the highest title or section number. In Tables 1–10 there is a “Comment” column, in which the nature of the affecting action is described. These are editorial comments, intended to reflect what is patent in the laws reviewed, and every effort has been made to avoid interpretations.

In Tables 11–19 the “Comment” column is unnecessary, since in each instance the comment would be “Cited” or “Referred to.” In these tables, moreover, the number of columns has been held to a minimum in the interest of brevity. Thus Table 11 contains only three columns listing the date and number of the law referred to, and the page number in this volume at which the reference may be found.

Caveat.

All the tables are editorially compiled and presented as reference guides only. Hence they have no evidentiary status or legal effect. Indirect or implied relationships are not included. These may be found through use of the Subject Index or through research based on the text itself.

The Office of the Federal Register invites criticisms or suggestions with a view to improving the tables wherever possible.

 LAWS AFFECTED IN VOLUME 76 tables of amendments and repeals of prior laws and other federal instruments

Table 1.—General Legislation

Note: All cross references in this table are to entries in Table 1 unless otherwise indicated.
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1858              
June   2 11:294 81 _ _ _ _ _ _ _ _ _ _ 246 87–558 1,2 Supplemental provisions.
1871              
Mar.   3 16:573 122 _ _ _ _ _ _ _ _ _ _ 142 87–527 1–3 Do.
1872              
May   2 17:59 132 _ _ _ _ _ _ _ _ _ _ 142 87–527 1–3 Supplemental provisions. (See also 1871, ch. 122.)
June   8 17:283 335 15 447, 446 87–646 23 (b), (a) Repeal, with exception; effective date.
1873              
Mar.   3 17:598 257 _ _ _ _ _ _ _ _ _ _ 142 87–527 1–3 Supplemental provisions. (See also
3 17:605 277 _ _ _ _ _ _ _ _ _ _ 246 87–558 1 1871, ch. 122.) Supplemental provision.
1874              
Mar.   5 18:19 46 _ _ _ _ _ _ _ _ _ _ 447, 446 87–646 23 (b), (a) Repeal, with exception; effective date.
June   22 18:197 406 _ _ _ _ _ _ _ _ _ _ 142 87–527 1–3 Supplemental provisions. (See also 1871, ch. 122.)
1875              
Mar.   3 18:343 129 1 953 87–826 3 Supplemental provision.
1877              
Mar.   3 19:377 107 _ _ _ _ _ _ _ _ _ _ 246 87–558 1 Do.
1878              
June   3 20:89 151 _ _ _ _ _ _ _ _ _ _ 246 87–558 1 Do.
20 20:206 359 1 1090 87–843 _ _ _ _ _ _ _ _ _ _ Exception.
1883              
Jan.   9 22:402 17 _ _ _ _ _ _ _ _ _ _ 78 87–456 303(c), 501 (a) Repeal; effective date.
1513 1514

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1884              
May   29 23:31 60 6 762 87–763 _ _ _ _ _ _ _ _ _ _ Amendment.
29 23:31 60 11 131 87–518 7 Do.
29 23:31 60 12 864, 868 87–793 1001(e), 1008 Partial revision; effective date.
1886              
Dec.   20 24:351 2 _ _ _ _ _ _ _ _ _ _ 498, 502 87–649 14, 15 Repeal, with exception; effective date.
1887              
Feb.   4 24:379 104 _ _ _ _ _ _ _ _ _ _ 142 87–527 1,3 Applicability.
4 24:379 104 4(1) 635 87–707 _ _ _ _ _ _ _ _ _ _ Amendment; nonapplicability.
4 24:379 104 206(a)(1) 911 87–805 1 Amendment.
4 24:379 104 206(a) (6), (7) 911 87–805 2 Addition.
4 24:379 104 216(c) 397 87–595 1 Amendment.
4 24:379 104 305(b) 398 87–595 2 Do.
1889              
Feb.   22 25:676 180 11 91 87–473   Do.
Mar.   2 25:888 405 17 703 87–734 14 Continuation provision.
2 25:888 405 17 709 87–735 14 Do.
1890              
Aug.   30 26:371 837 1 81 87–458 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
1892              
July   16 27:183 196 1 953 87–826 3, 4 Partial repeal, with exception; effective date.
Aug.   1 27:340 352 1, 2 360 87–581 203 Repeal. (See 1913, P.L. 408.)
1893              
Mar.   3 27:675 211 1 953 87–826 3 Supplemental provision. (See also 1892, ch. 196, sec. 1.)
1894              
Aug.   7 28:243 232 1 598 87–700 _ _ _ _ _ _ _ _ _ _ Amendment; effective date.
Dec.   13 28:594 3 _ _ _ _ _ _ _ _ _ _ 246 87–558 1, 2 Repeal, with exception; supplemental provision.
1895       246      
Jan.   12 28:601 23 17 953 87–826 3 Supplemental provision.
12 28:601 23 70 354 87–579 6 Revision.
12 28:601 23 74 355 87–579 8 Do.
12 28:601 23 87 1078 87–841 1 Exception.
12 28:601 23 87 1080, 1082, 1090 87–843 _ _ _ _ _ _ _ _ _ _ Do.
12 28:601 23 98 355 87–579 7 Revision.
Feb.   20 28:673 105 _ _ _ _ _ _ _ _ _ _ 156 87–534 3(m) Repeal.
1515

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1896              
May   18 29:122 195 _ _ _ _ _ _ _ _ _ _ 78 87–456 303(c), 501(a) Repeal; effective date.
1897              
Feb.   10 29:517 213 _ _ _ _ _ _ _ _ _ _ 88 87–468 _ _ _ _ _ _ _ _ _ _ Amendment.
Mar.   2 29:604 358 1 77, 78 87–456 303(a), 501(a) Amendment; effective date.
June   4 30:11 2 _ _ _ _ _ _ _ _ _ _ 1157 87–869 5, 6 Supplemental provision; amendment.
1898              
Apr.   26 30:364 191 7 498, 502 87–649 14, 15 Partial repeal, with exception; effective date.
July   1 30:544 541 2a(l) 570 87–681 1 Revision.
1 30:544 541 2a (22) 570 87–681 2 Addition.
1 30:544 541 21 d 570 87–681 3 Revision.
1 30:544 541 40d (1), (2) 559 87–677 _ _ _ _ _ _ _ _ _ _ Do.
1 30:544 541 48c 570 87–681 4 Partial revision.
1 30:544 541 57i 570 87–681 5 Revision.
1 30:544 541 58a(6) 570 87–681 6 Do.
1 30:544 541 59b 571 87–681 7 Do.
1 30:544 541 62a(2) 866 87–793 1004 Supplemental provision.
1 30:544 541 64a(l) 571 87–681 8 Revision.
1 30:544 541 70b, f 571, 572 87–681 9, 10 Do.
1 30:544 541 77a 572 87–681 11 Do.
1 30:544 541 160 574 87–681 12 Do.
1 30:544 541 247 574 87–681 13 Do.
1 30:544 541 265a(6), (7) 574 87–681 14, 15 Do.
1 30:544 541 393a(2) 574 87–681 16 Do.
1899              
Mar.   3 30:1372 454 _ _ _ _ _ _ _ _ _ _ 78 87–456 303(c), 501 (a) Repeal; effective date.
1901              
Feb.   28 31:819 623 1, par. 7 635 87–708 _ _ _ _ _ _ _ _ _ _ Amendment.
Mar.   3 31:1189 854 _ _ _ _ _ _ _ _ _ _ 662 87–716 30 Supplemental provisions.
3 31:1189 854 557 594 87–694 1 Repeal.
3 31:1189 854 559 594 87–694 2 Amendment.
3 31:1189 854 675, 676 536, 537 87–656 10, 14 Amendment; effective date.
3 31:1189 854 683 537 87–656 11, 14 Amendment; exception; effective date.
3 31:1189 854 755 752 87–757 2 Amendment.
3 31:1189 854 801 46 87–423 _ _ _ _ _ _ _ _ _ _ Revision.
3 31:1189 854 892, 893 360 87–581 203, 204 Repeal, with exception; effective date.
3 31:1189 854 1112 418 87–621 2,3 Repeal; effective date.
3 31:1189 854 1114 1172 87–873 5(a), 7 Do.
3 31:1189 854 1498–1506 662 87–716 31, 30 Repeal, with exception.
3 31:1189 854 1508 662 87–716 31, 30 Do.
3 31:1189 854 1510–1528 662 87–716 31, 30 Do.
3 31:1189 854 1636, par. 9 267 87–569 3(c) Exception.
1516

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1902              
April 29 32:172 86 _ _ _ _ _ _ _ _ _ _ 953 87–826 3,4 Repeal, with exception: effective date.
29 32:173 87   537 87–656 12 Exception.
June   17 32:388 161 _ _ _ _ _ _ _ _ _ _ 90 87–472 4 Supplement to Federal reclamation laws.
17 32:388 161 _ _ _ _ _ _ _ _ _ _ 390 87–590 1(a) Applicability.
17 32:388 161 _ _ _ _ _ _ _ _ _ _ 431 87–630 1(b) Do.
17 32:388 161 _ _ _ _ _ _ _ _ _ _ 678, 679 87–728 3, 5(a) Applicability; exception.
17 32:388 161 _ _ _ _ _ _ _ _ _ _ 1191 87–874 203 Applicability.
30 32:520 206 _ _ _ _ _ _ _ _ _ _ 267 87–569 3(c) Supplemental provision. (See also 1901, ch. 854, sec. 1636, par. 9.)
July   1 32:552 217 _ _ _ _ _ _ _ _ _ _ 1172 87–873 5(b), 7 Amendment; effective date.
1 32:590 218 7, par. 44A 537 87–656 12 Exception.
1903              
Feb.   14 32:825 87 10 953 87–826 3 Supplemental provisions.
Mar.   3 32:1083 157 _ _ _ _ _ _ _ _ _ _ 71 87453 1 Supplemental provision.
Dec.   17 33:3 1 _ _ _ _ _ _ _ _ _ _ 78 87–456 401(d) Nonapplicability; supplemental provision. (See also 1902, TS 427, table 9.)
1905              
Mar.   3 33:1264 229 1–4 131 87–518 8 Amendment.
1906              
Mar.   23 34:84 65 _ _ _ _ _ _ _ _ _ _ 140 87–525 1 Applicability.
23 34:84 65 _ _ _ _ _ _ _ _ _ _ 154 87–532 1(b) Do.
23 34:84 65 6 140 87–525 3 Exception.
23 34:84 65 6 154 87–532 4 Do.
Apr.   26 34:137 129 _ _ _ _ _ _ _ _ _ _ 405 87–609 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
June   11 34:233 220   1157 87–869 4 Repeal.
12 34:240 224 _ _ _ _ _ _ _ _ _ _ 498, 502 87–649 14, 15 Partial repeal, with exception; effective date.
20 34:314 251 _ _ _ _ _ _ _ _ _ _ 596 87–697 1, 2 Supplemental provisions.
1907              
Mar.   1 34:1012 153 4 354 87–579 5 Revision.
2 34:1226 191 2 752 87–757 1 Amendment.
4 34:1295 253 1 498, 502 87–649 14, 15 Partial repeal, with exception.
1910              
June   25 36:855 313 _ _ _ _ _ _ _ _ _ _ 707 87–735 11 Exception.
1912              
Apr.   9 37:79 116 2 1073 87–838 1 Do.
May   9 37:108 147 2, 5 54 87–433 _ _ _ _ _ _ _ _ _ _ Amendment.
June   19 37:137 199 _ _ _ _ _ _ _ _ _ _ 360 87–581 203, 202(b) Repeal, with exception; supplemental provision.
1517

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1912              
Aug.   10 37:269 261 _ _ _ _ _ _ _ _ _ _ 1157 87–869 5 Partial repeal.
23 37:360 299 1 953 87–826 3 Supplemental provisions.
24 37:417 302 _ _ _ _ _ _ _ _ _ _ 338 87–578 _ _ _ _ _ _ _ _ _ _ Exception.
24 37:539 336 2 1144 87–865 3 Provision subsequent to partial repeal.
24 37:560 337 11 76 A: 701 87–845 24 Exception.
1913              
Jan.   30 37:654 355 9 557 87–673 _ _ _ _ _ _ _ _ _ _ Amendment.
Mar.   3 37:726 408 _ _ _ _ _ _ _ _ _ _ 360 87–581 203, 204 Repeal, with exception; effective date.
4 37:736 426 1 953 87–826 3 Supplemental provisions.
4 37:828 430 _ _ _ _ _ _ _ _ _ _ 347 87–578 _ _ _ _ _ _ _ _ _ _ Do.
4 37:1015 450 _ _ _ _ _ _ _ _ _ _ 588 87–689 2 Repeal. (See 1926, P.L. 500.)
June   23 38:4 3 5 353 87–579 4 Revision.
Dec.   23 38:251 43 3 418 87–622 2 Amendment.
23 38:251 43 10 418 87–622 1 Do.
23 38:251 43 11(k) 670 87–722 3 Repeal.
23 38:251 43 14(b) 112 87–506 _ _ _ _ _ _ _ _ _ _ Amendment.
23 38:251 43 19 953 87–827 1 Amendment; nonapplicability.
23 38:251 43 24 662, 663 87–717 1, 2 Amendment.
23 38:251 43 25 388 87–588 _ _ _ _ _ _ _ _ _ _ Do.
1914              
May   8 38:372 95 _ _ _ _ _ _ _ _ _ _ 745 87–749 _ _ _ _ _ _ _ _ _ _ (Revised. See 1953, P.L. 83.)
June   30 38:415 122 _ _ _ _ _ _ _ _ _ _ 131 87–518 9 Amendment.
July   16 38:454 127 5(d) 775 87–774 _ _ _ _ _ _ _ _ _ _ Repeal.
Sept.   26 38:717 203 9, 10 37 87–420 15(b) Applicability.
26 38:717 203 12–17 792 87–781 131(a) Exception.
1916              
May   10 39:66 73 6 1151 87–867 1 Nonapplicability.
Aug.   25 39:535 235 3 405 87–608 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
Sept.   1 39:676 250 12(g)(1), (2) 1133 87–857 _ _ _ _ _ _ _ _ _ _ Existing text designated as ( 1); new par. (2) added.
1 39:676 250 12(k) 402 87–601 1 Supplemental provision.
7 39:742 267 _ _ _ _ _ _ _ _ _ _ 365 87–582 _ _ _ _ _ _ _ _ _ _ Applicability.
7 39:742 267 32 365 87–582 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
7 39:742 267 40–42 76A: 701 87–845 24 Exception.
7 1917 39:742 267 42 365 87–582 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
Mar.   4 39:1168 391 _ _ _ _ _ _ _ _ _ _ 360 87–581 203, 204 Partial repeal, with exception; effective date.
June   12 40:105 21 1 76A: 699, 701 87–845 6, 24, 25 Amendment; exception; effective date.
1518

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1917              
June   15 40:217 24 (title II) 1 76A: 699 87–845 11 Supplemental provision.
15 40:217 111 24 (title II) 1 76A: 699, 701 87–845 12, 24 Exception.
Sept.   24 40:288 43 21 23 87–414 _ _ _ _ _ _ _ _ _ _ Debt limit, increase.
24 40:288 43 21 124 87–512 _ _ _ _ _ _ _ _ _ _ Do.
Oct.   6 40:411 91 9(a) 1113 87–846 203 Amendment.
6 40:411 91 32 1139 87–861 1 Exception.
6 40:411 91 32(h), 33 1114 87–846 204(a), (b) Amendment.
6 40:411 91 39(a) 1139 87–861 1 Do.
6 40:411 91 39(b) 1115 87–846 204(c) Do.
6 40:411 91 39(d) 1113 87–846 202 Addition.
6 40:411 91 40, 41 1115 87–846 205, 206 Do.
6 40:411 91 40, 41 1139 87–861 1 Exception.
6 40:411 91 42, 43 1139 87–861 2, 1 Addition; exception.
1919              
Jan.   25 40:1055 250 _ _ _ _ _ _ _ _ _ _ 953 87–826 3 Supplemental provision. (See also Rev. Stat. 336, table 2.)
Mar.   1 40:1213 314 1 953 87–826 3 Supplemental provisions.
1 40:1213 314 11 1078 87–841 1 Exception. (See also 1895. ch. 23, sec. 87.)
1 40:1213 314 11 1080, 1082 87–843 _ _ _ _ _ _ _ _ _ _ Do.
1920              
Feb.   25 41:437 146 _ _ _ _ _ _ _ _ _ _ 96 87–483 3(a) Supplemental provision.
25 41:437 146 31(a)–(d) 943 87–822 1 Existing pars, designated as subsecs, (a), (b); new (c), (d) added.
Mar.   6 41:503 155 1 499, 502 87–649 14, 15 Partial repeal, with exception; effective date.
May   18 41:601 210 11 499, 502 87–649 14, 15 Do.
31 41:691 233 3(4) 217 87–547 6 Addition.
June   10 41:1063 280 10 (b), (e), (i) 447 87–647 _ _ _ _ _ _ _ _ _ _ Amendment.
1922              
Mar.   8 42:415 165 3 740 87–742   Revision.
Aug.   31 42:833 293 1 169 87–539 1 Do.
1923              
Jan.   5 42:1109 379 2 953 87–826 3, 4 Repeal, with exception; effective date.
Feb.   9 42:1223 407   142 87–527 1–3 Supplemental provisions. (See also 1871, ch. 122.)
1924              
  43:463 202 2(b) 575 87–683   Amendment.
Dec.   5 43:672 292 4C 678 87–728 3 Applicability.
1519

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1925              
Mar.   3 43:1107 541 2 135 87–522 _ _ _ _ _ _ _ _ _ _ Amendment.
3 43:1119 561 6(a) 742 87–745 _ _ _ _ _ _ _ _ _ _ Do.
3 43:1119 561 7(a)(2) 710 87–737 _ _ _ _ _ _ _ _ _ _ Do.
1926              
May   8 44:417 204   499, 502 87–649 14, 15 Repeal, with exception: effective date.
10 44:453 206 1 90 87–472 3 Partial repeal.
21 44:588 260 9 440 87–644 1 Addition.
July   3 44:822 467 _ _ _ _ _ _ _ _ _ _ 403 87–603 1. 2 Supplemental provisions.
3 44:890 500 _ _ _ _ _ _ _ _ _ _ 588 87–689 2 Repeal, with exception.
1927              
Jan.   25 44:1024 569 9 440 87–644 2 Addition.
1928              
May   15 45:534 391 _ _ _ _ _ _ _ _ _ _ 1184 87–874 203 Modification of project.
22 45:699 466 9 579 87–685 _ _ _ _ _ _ _ _ _ _ Amendment.
24 45:735 506   1198 87–875 _ _ _ _ _ _ _ _ _ _ Provision subsequent to repeal.
Dec.   21 45:1057 642 _ _ _ _ _ _ _ _ _ _ 101 87–483 13, 14 Applicability.
21 45:1057 642 _ _ _ _ _ _ _ _ _ _ 392, 393 87–590 5 Do.
1929              
Jan.   10 45:1071 648 _ _ _ _ _ _ _ _ _ _ 71 87–453 1 Supplemental provision.
Feb.   18 45:1222 770 18 922 87–812 _ _ _ _ _ _ _ _ _ _ Amendment.
Mar.   2 45:1492 934 1(a), 7 415 87–620 1 (1), (2) Do.
2 45:1492 934 8(a) 415 87–620 1(3) (A) Revision.
2 45:1492 934 8(b)–(e) 415 87–620 1(3)(B)–(E) Amendment.
June   15 46:11 10 6 109 87–494 _ _ _ _ _ _ _ _ _ _ Do.
1930              
May   27 46:387 268 2 1157 87–869 8 Do.
27 46:391 271 7 337 87–578 _ _ _ _ _ _ _ _ _ _ Exception.
29 46:468 279 8(c)(1) 869 87–793 1101(e) Removal of certain limitation.
29 46:468 279 8(d)(1) 869 87–793 1101(f) Do.
June   10 46:531 325 1(6). (7) 673 87–725 1 Revision.
10 46:531 325 1(9), (10) 673 87–725 2 Addition.
10 46:531 325 3(b) 673 87–725 3 Amendment.
10 46:531 325 3(c) 674 87–725 4 Addition.
10 46:531 325 4(a) 674 87–725 5 Amendment.
10 46:531 325 4 (b), (c) 674 87–725 6, 7 Revision.
10 46:531 325 6(c), (d) 675 87–725 8 Amendment.
10 46:531 325 7 (c), (d) 675 87–725 9, 10 Do.
10 46:531 325 8 (b) 675 87–725 11 Revision.
17 46:590 361 (title I) 1, pars. 1–1559 72, 78 87–456 101–103, 501(a) Deletion; adoption of revised tariff schedules; new title I added; effective date.
17 46:590 361 1, par. 6 264 87–567 _ _ _ _ _ _ _ _ _ _ Duty suspension, extension.
17 46:590 361 1, par. 19 404 87–606 1, 3 Amendment; effective date.
1520

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1930              
June   17 46:590 361 1, par. 213 110 87–497 _ _ _ _ _ _ _ _ _ _ Duty suspension, extension.
17 46:590 361 1, par. 301 126 87–514 1 Do.
17 46:590 361 1, par. 1202 402 87–602 1 Do.
17 46:590 361 1, par. 1518 (a) 1202 87–878 3, 4 Amendment; effective date.
17 46:590 361 (title II) 201, pars. 1601–1829 72, 78 87–456 101–103, 501(a) Deletion; adoption of revised tariff schedules; new title I added; effective date.
17 46:590 361 201, par. 1643 405 87–607 _ _ _ _ _ _ _ _ _ _ Duty suspension, extension.
17 46:590 361 201, par. 1722 1202 87–878 3, 4 Amendment; effective date.
17 46:590 361 201, par. 1725 768 87–770 1 Revision.
17 46:590 361 201, par. 1774 403, 404 87–604 1, 2 Revision; effective date.
17 46:590 361 201, par. 1827 72 87–455 2 Addition.
17 46:590 361 201, par. 1828 404 87–606 2, 3 Addition; effective date.
17 46:590 361 201, par. 1829 808 87–790 2 Do.
17 46:590 361 301 75, 78 87–456 301 (a), Repeal; effective date.
17 46:590 361 308 75, 78 87–456 301(a), Do.
17 46:590 361 312 75, 78 87–456 301(b), 501(a) Revision; effective date.
17 46:590 361 316 78 87–456 401(d) N onapplicability. (See also 1903, P.L. 1 and 1902, TS 427, table 9.)
17 46:590 361 323 883 87–794 257(1) Addition.
17 46:590 361 350 75, 78 87–456 203, 401 Supplemental provision.
17 46:590 361 350 877 87–794 232 Do.
17 46:590 361 350 882 87–794 257(c) Time extension.
17 46:590 361 350(a)(5) 882 87–794 257(b) Repeal.
17 46:590 361 350(b) 879 87–794 251 Exception.
17 46:590 361 350(b) 881 87–794 257(a) Amendment.
17 46:590 361 350(b)(3) 881 87–794 257(a) Addition.
17 46:590 361 350(e) 882 87–794 257(b) Repeal.
17 46:590 361 489 75, 78 87–456 301(a), 501(a) Repeal; effective date.
17 46:590 361 504, 508 75, 78 87–456 301(a), 501(a) Do.
17 46:590 361 514, 516(b) 75 87–456 202 Supplemental provisions.
17 46:590 361 551 400 87–598 _ _ _ _ _ _ _ _ _ _ Amendment.
17 46:590 361 551 1130 87–854 _ _ _ _ _ _ _ _ _ _ Revision.
26 46:817 440 _ _ _ _ _ _ _ _ _ _ 87 87–465 _ _ _ _ _ _ _ _ _ _ (Revised. See 1940, P.L. 830.)
July   3 46:918 520 1 1182 87–874 203 Supplemental provision.
3 46:918 520 2 1179 87–874 103(b) Do.
1521

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1932              
June   30 47:382 212 _ _ _ _ _ _ _ _ _ _ 1105 87–843 _ _ _ _ _ _ _ _ _ _ Exception.
30 47:382 212 212 329 87–577 507 Nonapplicability.
30 47:382 212 321 405 87–608   Exception.
30 47:382 212 322 722 87–741 101 Do.
July   22 47:725 304 2(6) 779 87–779 2 Amendment.
22 47:725 304 7(e) 559 87–676 _ _ _ _ _ _ _ _ _ _ Do.
22 47:725 304 10(b) 779 87–779 2 Do.
1933              
Mar.   20 48:8 2 10 1198 87–875 _ _ _ _ _ _ _ _ _ _ Provision subsequent to repeal.
May   12 48:31 10 8c(6)1 632 87–703 403 Amendment.
12 48:31 10 22 883 87–794 257(h) Exception.
June   10 48:123 39 10 676 87–725 12 Addition.
13 48:128 43 5(c) 778, 779 87–779 1 Amendment.
13 48:128 43 5(h) 984, 985 87–834 6(e). (g)(4) Revision; effective date.
1934              
Jan.   24 48:319 85 11(g) 89, 90 87–470 1, 2 Amendment; effective date.
24 48:319 85 23(a)(4), (5) 17 87–408 401, 402 Do.
30 48:337 87 10 105 87–490 1 Supplemental provision.
Mar.   28 48:509 141 23 360 87–581 201, 204 Amendment; effective date.
June   6 48:881 291 19(b) 394 87–592 1(a) Exception.
0 48:881 291 19(d) 247 87–561 _ _ _ _ _ _ _ _ _ _ Amendment.
12 48:943 316 2(a) 882 87–794 257(d) Do.
13 48:948 324 2 359 87–581 104(d) Applicability.
18 48:984 383 14 703 87–734 14 Continuation provision.
18 48:984 383 14 709 87–735 14 Do.
19 48:1064 416 201–222 426 87–624 401 Applicability.
19 48:1064 416 219(a), (b) 63 87–444 1, 2 Amendment.
19 48:1064 416 301–397 426 87–624 401 Applicability.
19 48:1064 416 301, 303 903 87–795 _ _ _ _ _ _ _ _ _ _ Exception.
19 48:1064 416 303(1) 64 87–445 _ _ _ _ _ _ _ _ _ _ Amendment.
19 48:1064 416 303 (s) 150 87–529 1 Addition.
19 48:1064 416 305(d) 903 87–795 _ _ _ _ _ _ _ _ _ _ Do.
19 48:1064 416 307(e) 58 87–439 _ _ _ _ _ _ _ _ _ _ Revision.
19 48:1064 416 308(b) 63 87–444 3 Amendment.
19 48:1064 416 319(a) 64 87–444 4 Do.
19 48:1064 416 330 151 87–529 2 Addition; nonapplicabilitv.
19 48:1064 416 351–364 68 87–448 1 Exception.
19 48:1064 416 362(b) 922 87–811 _ _ _ _ _ _ _ _ _ _ Amendment.
19 48:1064 416 381–386 68 87–448 1 Exception.
19 48:1064 416 390–397 64–67 87–447 _ _ _ _ _ _ _ _ _ _ Addition.
19 48:1064 416 504(b) 69 87–448 2, 3 Amendment; effective date.
19 48:1064 416 507 68 87–448 1 Exception.
19 48:1064 416 510 68, 69 87–448 1, 3 Addition; effective date.
19 48:1122 431 _ _ _ _ _ _ _ _ _ _ 76A: 701 87–845 26, 23, 25 Repeal, with exception; effective date.
19 48:1125 436 35(1) (ch. III) 715 87–739 1 Revision.
1522

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1934              
June   19 48:1125 436 1(C)(1) (ch. V) 711 87–738 1 Revision.
19 48:1125 436 5b(b) (ch. V) 714 87–738 2 Exception.
19 48:1125 436 5b(d), (e). (g) (ch. V) 712715 87–738 2 Revision.
19 48:1125 436 10(2)(d) (ch. V) 581 87–686 4(a) Exception.
19 48:1125 436 10(7) (a) (ch. V) 1131 87–855 1 Amendment.
19 48:1125 436 (ch. V) 1131 87–855 2 Addition.
19 48:1125 436 11(a) (ch. V) 715 87–740 _ _ _ _ _ _ _ _ _ _ Revision.
19 48:1125 436 11(6)–(10) (ch. V) 715 87–740 _ _ _ _ _ _ _ _ _ _ N onapplicability.
27 48:1246 479 803(a) 418 87–623 1 Amendment.
27 48:1246 479 809(f) 418 87–623 2 Do.
27 48:1246 479 810(k) 418 87–623 3 Do.
27 48:1246 479 811 751 87–756 _ _ _ _ _ _ _ _ _ _ Addition.
28 48:1269 482 8 140 87–524 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
1935              
Apr.   9 49:120 29 (title I) _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Partial repeal, with exception; effective date.
27 49:163 46 _ _ _ _ _ _ _ _ _ _ 606 87–703 101(4) Exception.
27 49:163 46 7(b)–(g) 605 87–703 101(1) Repeal.
27 49:163 46 8(a) 605 87–703 101(2) Do.
27 49:163 46 8(b) 606 87–703 101(3) Amendment.
27 49:163 46 16A 696 87–732 _ _ _ _ _ _ _ _ _ _ Addition.
27 49:163 46 16(d)(1) 50 87–425 2 Amendment.
27 49:163 46 16(d)(1) 70 87–451 4 Do.
27 49:163 46 16(e), (f) 606, 607 87–703 101 Addition.
27 49:163 46 16(g) 612 87–703 302 Do.
27 49:163 46 16(g)(1) 614 87–703 302 Exception.
June   28 49:425 170 1 263 87–565 404, 401 Revision; exception.
July   10 49:477 201 _ _ _ _ _ _ _ _ _ _ 217 87–547 2(a) Supplemental provision.
Aug.   14 49:620 271 1 185 87–543 104(c)(1) Amendment.
14 49:620 271 2 192 87–543 122 Exception.
14 49:620 271 2(a)(7) 205 87–543 141(c) Supplemental provision.
14 49:620 271 2(a) (10) (A) 188, 207, 208 87–543 106(a), 157, 202(a) Amendment; effective date.
14 49:620 271 2(a) (10) (A) 205 87–543 141(c) Exception.
14 49:620 271 3 205 87–543 141(f) Supplemental provision.
14 49:620 271 3(a)(1), (2) 193, 208 87–543 132(a), 202(d) Revision; effective date.
14 49:620 271 3(a)(1), (2) 196 87–543 132(e) Supplemental provision.
14 49:620 271 3(a)(3) 206 87–543 151 Exception.
14 49:620 271 3(a)(4) 173, 208 87–543 101(a), 202(f) Par. (4) deleted; new (4) added; effective date.
14 49:620 271 3(a)(4) 179, 208 87–543 101(b), 202(f) Amendment; effective date.
1523

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1935              
Aug.   14 49:620 271 3(a)(5) 179, 208 87–543 101(b) (1)(B), 202(f) Addition; effective date.
14 49:620 271 3(c)(1), (2) 179, 208 87–543 101(b) (1)(C), 202(f) Do.
14 49:620 271 6(a), (b) 207 87–543 156(a), (e) Amendment; effective date.
14 49:620 271 218(p) 1202 87–878 2 Amendment.
14 49:620 271 302(a) 363 87–582 _ _ _ _ _ _ _ _ _ _ Exception.
14 49:620 271 303(a)(1) 363 87–582 _ _ _ _ _ _ _ _ _ _ Applicability.
14 49:620 271 401 185, 186 87–543 104(a), (c) Amendment.
14 49:620 271 402 192 87–543 122 Exception.
14 49:620 271 402(a) 185 87–543 104(a)(5) Amendment.
14 49:620 271 402(a)(4) 185 87–543 104(a)(3) Do.
14 49:620 271 402(a) (7)–(10) 185 87–543 104(a)(3) Do.
14 49:620 271 402(a)(7) 188, 208 87–543 106(b), 202(a) Revision; effective date.
14 49:620 271 402(a)(7) 205 87–543 141(c) Exception.
14 49:620 271 402 (a) (13) 185, 208 87–543 103, 202(a) Addition; effective date.
14 49:620 271 402(b) 185 87–543 104(a) (3) Amendment.
14 49:620 271 403(a) 174, 208 87–543 101(a)(2), 202(f) Revision; effective date.
14 49:620 271 403(a) 190, 208 87–543 108(b), 202(e) Amendment; effective date.
14 49:620 271 403(a)(1) (A) (iii) 190, 208 87–543 108(c), 202(e) Addition; effective date.
14 49:620 271 403(a)(3) 180, 208 87–543 101(b)(2), 202(f) Amendment; effective date.
14 49:620 271 403(a)(4) 180, 208 87–543 101(b)(2), 202(f) Addition; effective date.
14 49:620 271 403(b)(2)(B) 185 87–543 104(a)(3) Amendment.
14 49:620 271 403(c)(1), (2) 180, 208 87–543 101(b)(2), 202(f) Addition; effective date.
14 49:620 271 404 185 87–543 104(a)(5) Amendment.
14 49:620 271 404(b) 189 87–543 107(b) Do.
14 49:620 271 405 188 87–543 107(a) Revision.
14 49:620 271 406(b) 185, 206, 208 87–543 104(a), 152, 202(c) Amendment; effective date.
14 49:620 271 406(b) 207 87–543 156(b), (e) Do.
14 49:620 271 406(b)(1) 190, 208 87–543 109, 202(d) Do.
14 49:620 271 406(b)(1), (2) 189, 208 87–543 108(a), 202(e) Part of existing text designated as (1); new clause (2) added; effective date.
14 49; 620 271 407 193 87–543 131(a) Amendment.
14 49:620 271 407(2) (B) 185 87–543 104(a)(3)(E) Do.
14 49:620 271 407 (3) (A), (B) 196, 208 87–543 134, 202(a) Part of existing text designated as (A); new (B) added; effective date.
14 49:620 271 408 193, 197 87–543 131(b), 135(d), (e) Amendment; effective date.
14 49:620 271 408(a)(2) 207 87–543 155(a), (b) Revision; effective date.
1524

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1935              
Aug.   14 49:620 271 408(a)(3) 196, 197 87–543 135(a), (e) Amendment; effective date.
14 49:620 271 408(b) 185, 196 87–543 104(a), 135(b), (e) Do.
14 49:620 271 408(c) 185 87–543 104(a) Amendment.
14 49:620 271 408(d) 180, 208 87–543 101(b)(2), 202(f) Amendment; effective date.
14 49:620 271 408(f)(1), (2) 196, 197 87–543 135(c), (e) Do.
14 49:620 271 409 186, 208 87–543 105(a), 202(e) Addition; effective date.
14 49:620 271 409(b) 180, 208 87–543 101(b)(2), 202(f) Amendment; effective date.
14 49:620 271 501–541 1073 87–838 1 Exception.
14 49:620 271 502(a)(2) 206 87–543 151 Do.
14 49:620 271 502(b) 376 87–582 _ _ _ _ _ _ _ _ _ _ Supplemental provisions.
14 49:620 271 504(a), (b) 376 87–582 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
14 49:620 271 512(a)(2) 206 87–543 151 Exception.
14 49:620 271 512(b) 376 87–582 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
14 49:620 271 514(a), (b) 376 87–582 _ _ _ _ _ _ _ _ _ _ Do.
14 49:620 271 521 182, 184, 208 87–543 102(a), (d), 202(c) Amendment.
14 49:620 271 521 183 87–543 102(c)(2) Supplemental provision.
14 49:620 271 522(a) 183, 208 87–543 102(c)(1), 202(b) Amendment; effective date.
14 49:620 271 522(a) 206 87–543 151 Exception.
14 49:620 271 523(a) 182, 183, 208 87–543 102(b)(1), (2), 202(a), (c) Amendment; effective dates.
14 49:620 271 526(a) 193, 208 87–543 123(d), 202(b) Amendment; effective date.
14 49:620 271 527 183, 208 87–543 102(c)(2), 202(b) Addition; effective date.
14 49:620 271 527(a) 206 87–543 151 Exception.
14 49:620 271 528 184, 208 87–543 102(d)(2), 202(c) Addition; effective date.
14 49:620 271 705(a) 192, 208 87–543 123(a), 202(b) Amendment; effective date.
14 49:620 271 705(b) 192, 208 87–543 123(b), 202(b) Revision; effective date.
14 49:620 271 705(f)(1)–(3) 192, 208 87–543 123(c), 202(b) Addition; effective date.
14 49:620 271 901(c)(1)(A) 363 87–582 _ _ _ _ _ _ _ _ _ _ Exception; supplemental provision.
14 49:620 271 1001 186 87–543 104(c)(3) Amendment.
14 49:620 271 1002 192 87–543 122 Exception.
14 49:620 271 1002(a) (7) 185 87–543 104(a)(3) Amendment.
14 49:620 271 1002(a)(8) 188, 208 87–543 106(a)(2), 202(a) Amendment; effective date.
14 49:620 271 1002(a)(8) 197, 205 87–543 136(a), 141(c) Exception.
14 49:620 271 1002(a)(8) 197 87–543 136(b) Supplemental provision.
14 49:620 271 1002(a)(8) 206 87–543 154 Partial revision; effective date.
14 49:620 271 1002(b) 197 87–543 136(a) Amendment.
14 49:620 271 1003 205 87–543 141(f) Supplemental provision.
1525

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1935              
Aug.   14 49:620 271 1003(a)(1), (2) 195, 208 87–543 132(b), 202(d) Revision; effective date.
14 49:620 271 1003(a)(1), (2) 196 87–543 132(e) Supplemental provision.
14 49:620 271 1003(a)(3) 176, 208 87–543 101(a)(3), 202(f) Deletion; new clause (3) added; effective date.
14 49:620 271 1003(a) (3) 180, 208 87–543 101(b)(3) (A), 202(f) Amendment; effective date.
14 49:620 271 1003(a) (4) 180, 208 87–543 101(b)(3), 202(f) Addition; effective date.
14 49:620 271 1003(c)(1), (2) 181, 208 87–543 101(b)(3), 202(f) Do.
14 49:620 271 1006 207 87–543 156 (c), (e) Amendment; effective date.
14 49:620 271 1101(a) (1), (2) 206 87–543 153 (a), (b) Amendment.
14 49:620 271 1108 196 87–543 132(d) Supplemental provisions.
14 49:620 271 1108 206 87–543 151 Revision; effective date.
14 49:620 271 1109 205 87–543 141(c) Amendment.
14 49:620 271 1111 205 87–543 141(d) Do.
14 49:620 271 1113(d) 196 87–543 133 Do.
14 49:620 271 1114, 1115 190, 192 87–543 121, 122 Addition.
14 49:620 271 1401 186 87–543 104(c)(4) Amendment.
14 49:620 271 1402 192 87–543 122 Exception.
14 49:620 271 1402(a)(7) 185 87–543 104(a)(3) Amendment.
14 49:620 271 1402(a)(8) 188, 208 87–543 106(a)(3), 202(a) Amendment; effective date.
14 49:620 271 1402(a)(8) 205 87–543 141(c) Exception.
14 49:620 271 1403 205 87–543 141(f) Supplemental provision.
14 49:620 271 1403(a) (1), (2) 195, 208 87–543 132(c), 202(d) Revision; effective date.
14 49:620 271 1403(a) (1), (2) 196 87–543 132(e) Supplemental provision.
14 49:620 271 1403(a)(3) 178, 208 87–543 101(a)(4), 202(f) Clause (3) deleted; new (3) added; effective date.
14 49:620 271 1403(a)(3) 181, 208 87–543 101(b) (4) (A), 202(f) Amendment; effective date.
14 49:620 271 1403(a) (4) 181, 208 87–543 101(b) (4)(B), 202(f) Addition; effective date.
14 49:620 271 1403(c) (1), (2) 181, 208 87–543 101(b) (4)(C), 202(f) Do.
14 49:620 271 1405 207 87–543 156 (d), (ej Amendment; effective date.
14 49:620 271 1601–1605 197– 205 87–543 141(a) Addition.
14 49:620 271 1601(a)(14) 200 87–543 141(a) Exception.
14 49:620 271 1602 192 87–543 122 Do.
14 49:620 271 1602(a) (14) 205 87–543 141(c) Do.
14 49:620 271 1603 205 87–543 141(f) Supplemental provision.
14 49:620 271 1603(a)(3) 205, 206 87–543 141(e), 151 Exception.
1526

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1935              
Aug.   24 49:744 318 _ _ _ _ _ _ _ _ _ _ 919 87–807 24, 27 Repeal, with exception; effective date.
24 49:747 319   919 87–807 24, 27 Do.
27 49:888 354 2 416 87–620 2(1) Revision.
27 49:888 354 7 416 87–620 2(2) Amendment.
27 49:888 354 8(a) 416 87–620 2(3)(A) Revision.
27 49:888 354 8(b)–(e) 416 633 87–620 87–705 2(3)(B)–(E) Amendment.
28 49:946 386 _ _ _ _ _ _ _ _ _ _ 633 87–705 _ _ _ _ _ _ _ _ _ _ (Revised. See 1943, P.L. 65.)
1936              
May   20 49:1363 605 203(a) 1140 87–862 _ _ _ _ _ _ _ _ _ _ Subsec. (a) deleted; new (a) added.
June   22 49:1570 738 3 1180 87–874 201 Applicability.
29 49:1985 835 27 1201 87–877 4 Suspension provisions.
29 49:1985 835 212(B) 1074 87–839 1 Addition.
29 49:1985 835 213 1201 87–877 2(c) Amendment.
29 49:1985 835 213(c) 1201 87–877 2(d) Do.
29 49:1985 835 502(b) 1200, 1202 87–877 1, 5 Revision; effective date.
29 49:1985 835 502(d) 1200 87–877 2(a) Repeal, with exception.
29 49:1985 835 502(f) 1201 87–877 2(e)–(f) Amendment.
29 49:1985 835 509 1200 87–877 2(b) Do.
29 49:1985 835 510(a)(1) 751 87–755   Do.
29 49:1985 835 611(h) 796 87–782 _ _ _ _ _ _ _ _ _ _ Amendment; effective date.
29 49:1985 835 1208(a) 740 87–743   Amendment.
29 49:2028 840   90 87–471 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
1937              
June   3 50:246 137 _ _ _ _ _ _ _ _ _ _ 632 87–703 403 Supplemental provision. (See also 1933, P.L. 10, sec. 8c(6).)
July   22 50:522 210 31 607 87–703 102(a) Amendment.
22 50:522 210 32(a) 607 87–703 102(b) Repeal.
22 50:522 210 32(e) 607 87–703 102(c) Revision.
22 50:522 210 32(f) 1157 87–869 7 Amendment.
Aug.   17 50:673 314 (title IX) 14 16 87–408 315 Applicability.
1938              
Feb.   16 52:31 430   618, 624, 625 87–703 309, 319 Supplemental provisions.
16 52:31 430 _ _ _ _ _ _ _ _ _ _ 909 87–801 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
16 52:31 430 301(b) (13) (A) 625, 626 87–703 320, 323 Deletion; effective date.
16 52:31 430 301(b),(13),(D),(E),(G) 625, 626 87–703 320, 323 Amendment; effective date.
16 52:31 430 316(a),(b) 947 87–824   Amendment.
16 52:31 430 316(c) 151 87–530   Exception.
16 52:31 430 316(g) 151 87–530   Addition.
16 52:31 430 326(b) 620 87–703 313(4) Applicability.
16 52:31 430 331–339 621 87–703 315 Exception.
16 52:31 430 331 618, 626 87–703 310, 323 Amendment; effective date.
1527

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1938              
Feb.   16 52:31 430 332 69 87–450   Time extension.
16 52:31 430 332 103 87–485   Do.
16 52:31 430 332 619, 626 87–703 311, 323 Deletion; new 332 added; effective date.
16 52:31 430 333 620, 626 87–703 312, 323 Revision; effective date.
16 52:31 430 334 19 87–410 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
16 52:31 430 334 70 87–451 1–3 Do.
16 52:31 430 334a 620, 626 87–703 314, 323 Addition; effective date.
16 52:31 430 334(e) 618 87–703 308(a) Amendment.
16 52:31 430 334(e) 620, 626 87–703 313(1), 323 Amendment; effective date.
16 52:31 430 334(g)–(i) 620, 626 87–703 313(2), (4), 323 Subsec. (g) repeated; (h), (i) redesignated as (g), (h); new (i) added; effective date.
16 52:31 430 334(h) 620, 626 87–703 313(3), 326 Redesignated subsec. (h) amended.
16 52:31 430 334(i) 620 87–703 313(4) Exception.
16 52:31 430 335 69 87–450 _ _ _ _ _ _ _ _ _ _ Time extension.
16 52:31 430 335 103 87–485 _ _ _ _ _ _ _ _ _ _ Do.
16 52:31 430 335 621, 626 87–703 315, 323 Revision; effective date.
16 52:31 430 336 170 87–540 _ _ _ _ _ _ _ _ _ _ Amendment; exception.
16 52:31 430 336 621, 626 87–703 316, 323 Revision; effective date.
16 52:31 430 337 622, 626 87–703 317, 323 Re pea); effective date.
16 52:31 430 339 620, 621 87–703 313 (3), (4), 315 Nonapplicability.
16 52:31 430 339 622, 626 87–703 318, 323 Addition; effective date.
16 52:31 430 339 631 87–703 327 Supplemental provision.
16 52:31 430 344(n) 64 87–446 _ _ _ _ _ _ _ _ _ _ Amendment.
16 52:31 430 353(f) 20 87–412 _ _ _ _ _ _ _ _ _ _ Addition.
16 52:31 430 371(a), (b) 626 87–703 321, 323 Amendment; effective date.
16 52:31 430 379a–379j (subtitle D) 626 87–703 324 Addition. (Former subtitles D, E redesignated as E, F.)
16 52:31 430 379a–379j 629 87–703 324 Exception.
16 52:31 430 379d (b) 629 87–703 324 Do.
16 52:31 430 380a–380p (subtitle E) 626 87–703 324 Former subtitle D redesignated as E.
16 52:31 430 383–393 (subtitle F) 626 87–703 324 Former subtitle E redesignated as F.
16 52:31 430 385 626 87–703 322, 323 Amendment; effective date.
Apr.   4 52:156 458 11 18 87–408 601 Supplemental provision.
June   1 52:596 571 3, 5 22 87–413 3(b), (d) Amendment.
1 52:596 571 13 22 87–413 3(d) Do.
1 52:596 571 19 21 87–413 1 Revision.
1528

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1938              
June   1 52:596 571 19(a), (c) 398 87–596 2 Amendment.
1 52:596 571 20–24 22 87–413 3, 4 Do.
1 52:596 571 26, 27 22 87–413 3(d), (b) Do.
1 52:596 571 28(b) 22 87–413 3(f) Do.
1 52:596 571 36 22 87–413 3(d) Do.
1 52:596 571 42 22 87–413 3(g) Do.
1 52:596 571 45 22 87–413 5 Addition.
16 52:758 656 2 953 87–826 3 Supplemental provision. (See also Rev. Stat. 4200, table 2.)
21 52:821 688 4(e) 72 87–454 _ _ _ _ _ _ _ _ _ _ Amendment.
25 52:1040 717 201(a) 796 87–781 307 Revision.
25 52:1040 717 201 (p) (1), (2) 781, 788 87–781 102(a), 107(c) (3), (4) Amendment; applicability.
25 52:1040 717 301(e) 784, 788 87–781 103(c), 107(b) Revision; effective date.
25 52:1040 717 301 (e) 788 87–781 106(c), 107(b) Amendment; effective date.
25 52:1040 717 301(1) 785, 788 87–781 104(e), 107(a) Do.
25 52:1040 717 301 (o) 791 87–781 114 Addition; effective date.
25 52:1040 717 301(p) 795 87–781 304 Addition.
25 52:1040 717 302(a) 784, 788 87–781 103(d), 107(b) Amendment; effective date.
25 52:1040 717 302(a) 793 87–781 201(c), 203 Do.
25 52:1040 717 409(c)(3) (A) 785, 788 87–781 104(f), 107(a) Do.
25 52:1040 717 501–510 791 87–781 113 Nonapplicability.
25 52:1040 717 501(a)(2) 780, 788 87–781 101, 107(b) Revision; effective date.
25 52:1040 717 502(e) 791 87–781 112(b) Applicability.
25 52:1040 717 502(e) (1), (2) 790, 791 87–781 112(a), (c) Existing text designated as (1) and amended: new subpar. (2) added; effective date.
25 52:1040 717 502(g) 791 87–781 H2(b),(c) Amendment; effective date.
25 52:1040 717 502(1) 785, 788 87–781 105(c), 107(b) Do.
25 52:1040 717 502(n) 791, 792 87–781 131 Addition; nonapplicability; effective date.
25 52:1040 717 502 (o) 795 87–781 305 Addition.
25 52:1040 717 503(b)(1) (C) 785, 788 87–781 104(e), 107(a) Amendment; effective date.
25 52:1040 717 505 786 87–781 105(e) Exception.
25 52:1040 717 505(a) 784, 788 87–781 104(a), 107(a) Revision; effective date.
25 52:1040 717 505(b) 781, 788 87–781 102(b), 107(c)(3) Amendment; applicability.
25 52:1040 717 505(c) 784, 788 87–781 104(b), 107(a) Revision; effective date.
25 52:1040 717 505 (d), (e) 781, 788 87–781 102 (c), (d), 107(c)(3) Revision; applicability.
25 52:1040 717 505(f) 784, 788 87–781 104(c), 107(a) Revision; effective date.
25 52:1040 717 505(h) 784, 785 87–781 104(d) Amendment; applicability.
1529

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1938              
June   25 52:1040 717 505(i) 783, 788 87–781 103(b), 107(b) Amendment; effective date.
25 52:1040 717 505(j) 782, 788 87–781 103(a), 107(b) Addition; effective date.
25 52:1040 717 507(a), (0 785, 788 87–781 105(a), (b), (d), 107 Amendment; effective date.
25 52:1040 717 507(d) 787, 788 87–781 106(b), 107(b) Do.
25 52:1040 717 507(e) 786, 788 87–781 105(e), 107(b) Do.
25 52:1040 717 507(g) 787, 788 87–781 106(a), 107(b) Addition; effective date.
25 52:1040 717 507(h) 786, 788 87–781 105(f), 107(b) Do.
25 52:1040 717 508 789 87–781 111 Do.
25 52:1040 717 509 791 87–781 113 Addition.
25 52:1040 717 510 794, 795 87–781 302, 303 Addition; supplemental provision.
25 52:1040 717 702(a) 796 87–781 307 Amendment; exception.
25 52:1040 717 702(d) 796 87–781 308 Addition.
25 52:1040 717 704(a) 792, 793 87–781 201, 203 Revision; nonapplicability; effective date.
25 52:1040 717 704(b) 793 87–781 201(b), 203 Amendment; effective date.
25 52:1040 717 706(b) (5)(B) 785, 788 87–781 104(f), 107(a) Do.
25 52:1040 717 801(a) 796 87–781 306 Amendment.
28 52:1215 761 2 1180 87–874 201 Supplemental provision. (See also 1936, P.L. 738, sec. 3.)
28 52:1215 761 4 1193 87–874 203 Modification of projects.
29 52:1248 Pub. Res. 130   953 87–826 3 Supplemental provision. (See also 1938, P.L. 656, sec. 2 and Rev. Stat. 4200, table 2.)
1939              
May   10 53:685 68 1 90 87–472 3 Partial repeal.
17 53:747 80 _ _ _ _ _ _ _ _ _ _ 61 87–441 6 Supplemental provision.
Aug.   2 53:1147 252 9(b) 750 87–753 _ _ _ _ _ _ _ _ _ _ Amendment.
4 53:1187 260 9(c) 396 87–594 3 Exception.
4 53:1187 260 9(d) 390 87–590 2(a) Do.
4 53:1187 260 9(d) 634 87–706 2(a) Do.
4 53:1187 260 9(d) 761 87–762 2 Do.
4 53:1187 260 9(d)(1) 94 87–479   Do.
4 53:1187 260 9(d)(1) 407 87–613 2 Amendment.
5 53:1209 281   356 87–579 11 Repeal.
10 53:1342 368 3 756 87–759 5 Exception.
1940              
June   6 54:241 560 _ _ _ _ _ _ _ _ _ _ 18 87–408 601 Supplemental provision.
8 54:250 567 1, 2 1246 87–884   Revision.
July   15 54:760 743 1 1198 87–875 _ _ _ _ _ _ _ _ _ _ Provision subsequent to repeal.
1530

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1940              
July   19 54:774 756   101 87–483 13, 14 Applicability.
19 54:774 756 _ _ _ _ _ _ _ _ _ _ 392, 393 87–590 5 Do.
Sept.   9 54:872 781 303 360 87–581 203, 204 Repeal, with exception; effective date.
Oct.   9 54:1063 824 18(1) (ch. II) 715 87–739 2 Revision.
10 54:1091 830   87 87–465 _ _ _ _ _ _ _ _ _ _ Amendment.
17 54:1178 861 514(1) 768 87–771 _ _ _ _ _ _ _ _ _ _ Do.
17 54:1205 872 _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Repeal, with exception; effective date.
1941              
Apr.   12 55:140 37 _ _ _ _ _ _ _ _ _ _ 60,61 87–441 2(b)(2), 6 Supplemental provision.
12 55:140 37 12 61 87–441 5(a) Repeal.
May   26 55:203 74 1(1), (2) 624, 626 87–703 319(1), (2), 323 Revision; effective date. (See also 1938, P.L. 430, generally.)
26 55:203 74 1(3) 625, 626 87–703 319(3), 323 Amendment; effective date. (See also 1938, P.L. 430, generally.)
26 55:203 74 1(4) 625, 626 87–703 319(4), 323 Revision; effective date. (See also 1938, P.L. 430, generally.)
26 55:203 74 1(5) 625, 626 87–703 319(5), 323 Amendment; effective date. (See also 1938, P.L. 430, generally.)
26 55:203 74 1(6) 620 87–703 313(4) Applicability. (See also 1938, P.L. 430, generally.)
26 55:203 74 1(6) 625, 626 87–703 319(6), 323 Amendment; effective date. (See also 1938, P.L. 430, generally.)
26 55:203 74 1(7)–(12) 625, 626 87–703 319(7), (9), 323 Pars. (7) and (12) repealed; (8)–(U) renumbered as (7)–(10); new (11), (12) added; effective date. (See also 1938, P.L. 430, generally.)
26 55:203 74 1(7) 618 87–703 309 Amendment. (See also 1938, P.L. 430, generally.)
26 55:203 74 1(7) 625, 626 87–703 319(8), 323 Redesignated par. (7) amended; effective date. (See also 1938, P.L. 430, generally.)
26 55:203 74 1(7) 909 87–801 _ _ _ _ _ _ _ _ _ _ Amendment. (See also 1938, P.L. 430, generally.)
June   3 55:240 98 _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Repeal, with exception; effective date.
1531

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1941              
Aug.   16 55:622 208 1(a)(5), (e) 263 87–565 401 Exception.
18 55:638 228 3 1192 87–874 203 Supplemental provision.
18 55:638 228 5 1194 87–874 206 Amendment.
21 55:656 236 _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Repeal, with exception; effective date.
Nov.   15 55:763 292 2 76A: 699, 701 87–845 11, 12, 25 Revision; exception; effective date.
15 55:763 292 4 76A: 699, 701 87–845 12, 25 Revision; effective date.
1942              
Feb.   16 56:90 454   18 87–408 603 Exception.
16 56:90 454 7 18, 19 87–408 601, 604 Revision; supplemental provision.
16 56:90 454 8 18 87–408 602 Amendment.
16 56:90 454 10, 11 18 87–408 603 Sec. 10 renumbered as 11: new 10 added.
Mar.   13 56:171 497   126 87–514 1 (Revised. See 1950, P.L. 869.)
Apr.   1 56:190 512 1 398 87–596 1(a) Amendment.
1 56:190 512 1 1171, 1172 87–873 1, 7 Supplemental provision; effective date.
1 56:190 512 4(a) 1171, 1172 87–873 2, 7 Revision; effective date.
1 56:190 512 5(a), (c) 1171, 1172 87–873 3,4,7 Do.
1 56:190 512 6 398 87–596 1(b) Amendment.
1 56:190 512 6 1172 87–873 6. 7 Supplemental provision; effective date.
June   5 56:314 580 4(e) 499, 502 87–649 14, 15 Repeal, with exception; effective date.
27 56:461 633 _ _ _ _ _ _ _ _ _ _ 808 87–790 1 (Revised. See 1955, P.L. 126.)
July   3 56:645 653   526 87–651 307 Repeal, with exception.
9 56:654 663   955 87–828 1(d) Applicabilitv.
Dec.   2 56:1028 784 101(a)(4) 263 87–565 401 Exception.
1943              
Mar.   10 57:14 8 _ _ _ _ _ _ _ _ _ _ 679 87–728 4 Supplemental provision.
10 57:14 8 2 678 87–728 3 Repeal.
10 57:14 8 2(b) 679 87–728 7 Supplemental provision.
10 57:14 8 3 678, 679 87–728 3, 5(b) Repeal, with exception.
10 57:14 8 4 678 87–728 3 Revision.
10 57:14 8 4(b) 679 87–728 7 Supplemental provision.
10 57:14 8 5(b) 679 87–728 6(a) Amendment.
10 57:14 8 6 679 87–728 6(b) Do.
10 57:14 8 7 678 87–728 3 Repeal.
10 57:14 8 8 679 87–728 6(c) Amendment.
10 57:14 8 9 678 87–728 3 Repeal.
1532

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1943              
May   3 57:74 48 1 76A: 700, 701 87–845 14, 25 Amendment; effective date.
June   4 57:100 65 1(b)(5)(G) 46, 50 87–424 1, 10 Do.
4 57:100 65 l(v) 47, 50 87–424 2, 10 Addition; effective date.
4 57:100 65 3(c)(1) 47, 50 87–424 3, 10 Revision; effective date.
4 57:100 65 3(c) (4) (i), (5) 633 87–705 1 (a), (b) Amendment.
4 57:100 65 3(c) (8) (i) 47, 50 87–424 4, 10 Revision; effective date.
4 57:100 65 3(c) (8) (iv) 48, 50 87–424 5, 10 Addition; effective date.
4 57:100 65 3(c)(9)(b) 633 87–705 1(0 Amendment.
4 57:100 65 7(b)–(d) 48, 50 87–424 6, 10 Revision; effective date.
4 57:100 65 7(f) 49, 50 87–424 7, 10 Amendment; effective date.
4 57:100 65 9(b) 49, 50 87–424 8, 10 Revision; effective date.
4 57:100 65 10 (d), (e) 49, 50 87–424 9, 10 Do.
July   8 57:388 120   1157 87–869 2 Amendment.
1944              
June   14 58:277 340 _ _ _ _ _ _ _ _ _ _ 919 87–807 24, 27 Repeal, with exception; effective date.
27 58:392 360 2 499, 502 87–649 14, 15 Do.
28 58:509 371 6 1154 87–867 12 Exception.
July   1 58:682 410 _ _ _ _ _ _ _ _ _ _ 586 87–688 1(c) Certain benefits extended to American Samoa.
1 58:682 410 206(a) 497, 502 87–649 11, 15 Amendment; effective date.
1 58:682 410 208(b) 497, 502 87–649 11, 15 Do.
1 58:682 410 208(b) 499, 502 87–649 14, 15 Partial repeal, with exception; effective date.
1 58:682 410 208(g) 864, 868 87–793 1001(d), 1008 Partial revision; effective date.
1 58:682 410 210(g) (1), (2) 497, 502 87–649 11, 15 Amendment; effective date.
1 58:682 410 213 499, 502 87–649 14, 15 Repeal, with exception; effective date.
1 58:682 410 219(b) 499, 502 87–649 14, 15 Do.
1 58:682 410 219 (c), (d) 499, 502 87–649 14, 15 Partial repeal, with exception; effective date.
1 58:682 410 221(a)(9) 244 87–555 2 Addition.
1 58:682 410 222 1073 87–838 3 Do.
1 58:682 410 301(d) 1073 87–838 2 Amendment.
1 58:682 410 310 592 87–692   Addition.
1 58:682 410 314 586 87–688 1(c) Benefits extended to
              American Samoa.
1 58:682 410 314(1) 587 87–688 4 Deletion; new subsec. (1) added; effective date.
1533

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1944              
July   1 58:682 410 317 1155 87–868   Addition.
1 58:682 410 432(a) 1072 87–838 1 Applicability.
1 58:682 410 441–445 1072 87–838 1 Addition.
1 58:682 410 601–664 85 87–460 6(b) Exception.
1 58:682 410 624 587 87–688 4 Amendment; effective date.
1 58:682 410 631 (a), (d) 587 87–688 4 Do.
1 58:682 410 652 587 87–688 4 Do.
1 58:682 410 704 1074 87–838 4 Amendment.
1 58:682 410 705(a) 1074 87–838 4 Do.
Dec.   21 58:846 526 _ _ _ _ _ _ _ _ _ _ 61 87–441 6 Supplemental provision.
22 58:887 534 1 1180 87–874 202 Applicability.
22 58:887 534 4 1195 87–874 207 Revision.
22 58:887 534 10 1191 87–874 203 Modification of project.
1945              
Feb.   13 59:4 2 _ _ _ _ _ _ _ _ _ _ 695 87–730 106(c), (e) Repeal; effective date.
Mar.   2 59:10 14 1 1173 87–874 101 Applicability.
June   30 59:271 103   1152 87–867 1 Exception.
30 59:295 106 501, 502 866, 867 87–793 1005(a), (e) Compensation rate, increase; nonapplicability.
July   2 59:316 120 _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Repeal, with exception; effective date.
3 59:361 124 _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Partial repeal, with exception; effective date.
31 59:512 171 7(c) 105 87–490 2 Amendment.
31 59:512 171 17, 18 105 87–490 1 Addition.
31 59:529 174 2 263 87–565 401 Exception.
Oct.   6 59:538 190 4 168 87–537   Provision subse–
              quent to repeal.
6 59:538 190 9(c) 499 87–649 14 Repeal.
Dec.   6 59:597 248 104 313 87–575   Exception.
6 59:597 248 104 352 87–578   Do.
6 59:597 248 104 735 87–741   Do.
6 59:597 248 104 1105 87–843   Do.
6 59:597 248 104 1168 87–872   Do.
6 59:597 248 104 1213 87–879   Do.
6 59:597 248 104 1219, 1226 87–880 _ _ _ _ _ _ _ _ _ _ Do.
1946              
Feb.   12 60:5 298 4 499, 502 87–649 14, 15 Repeal, with exception; effective date.
18 60:6 301 (title HI)   499, 502 87–649 14, 15 Partial repeal, with exception; effective date.
Apr.   30 60:128 370 101–113 411 87–616 1 Supplemental provision.
30 60:128 370 104(c) 412 87–616 1 Applicability.
May   24 60:216 390 5 866, 867 87–793 1005(a), (e) Compensation rate, increase; nonapplicability. (See also 1945, P.L. 106, secs. 501, 502.)
1534

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1946              
June   4 60:230 396   586 87–688 1(b) Benefits extended to American Samoa.
4 60:230 396 _ _ _ _ _ _ _ _ _ _ 587 87–688 3 Amendment; effective date.
4 60:230 396 3 944 87–823 1 Revision.
4 60:230 396 4 587 87–688 3 Amendment; effective date.
4 60:230 396 4 944 87–823 2 Revision.
4 60:230 396 5, 6 945 87–823 3 Amendment.
4 60:230 396 7 947 87–823 6 Nonapplicability.
4 60:230 396 10 945 87–823 4 Amendment.
4 60:230 396 11 944 87–823 1 Exception.
4 60:230 396 11, 12 945, 946 87–823 5, 6 Sec. 11 redesignated as 12; new 11 added.
4 60:230 396 12(c), (d) 945 87–823 5 Redesignated subsecs. 12(c), (d) revised.
11 60:237 404   41 87–420 16(a) Applicability.
11 60:237 404   385 87–584 6 Exception.
11 60:237 404   903 87–795   Do.
11 60:237 404 2 511 87–651 112(c) Do.
11 60:237 404 3 385 87–584 6 Do.
11 60:237 404 4–12 511 87–651 112(c) Do.
11 60:237 404 4 161 87–535 6 Exception; applicability.
11 60:237 404 7(a) 394 87–592 1(a) Exception.
11 60:237 404 7(a), 8(a) 409 87–615 1 Do.
11 60:237 404 9(b) 148 87–528 8(c) N onapplicability; effective date.
29 60:343 474 6,7 499, 502 87–649 14, 15 Repeal, with exception; effective date.
July   1 60:386 479 _ _ _ _ _ _ _ _ _ _ 682 87–730   Supplemental provision.
3 60:418 485   1139 87–861 1 Exception.
5 60:427 489 1(a)(1) 769 87–772 I Amendment.
5 60:427 489 2(d) 769 87–772 2 Do.
5 60:427 489 6 769 87–772 3 Deletion; new sec. 6 added.
5 60:427 489 7(a) 769, 770 87–772 4 Amendment.
5 j0:427 489 7(d) 770 87–772 4 Deletion; new subsec. (d) added.
5 60:427 489 7(e), (f) 770 87–772 4 Amendment.
5 60:427 489 9 770 87–772 5 Deletion; new sec. 9 added.
5 60:427 489 10 770 87–772 6 Amendment.
5 60:427 489 12(a), (c) 770, 771 87–772 7 Do.
5 60:427 489 13 771 87–772 8 Do.
5 60:427 489 14 771 87–772 9 Deletion; new sec. 14 added.
5 60:427 489 15, 15(4) 771 87–772 10 Amendment.
5 60:427 489 16 771 87–772 11 Do.
5 60:427 489 21 771 87–772 12 Deletion; new sec. 21 added.
5 60:427 489 23, 24 773 87–772 13, 14 Amendment.
5 60:427 489 29, 30 773 87–772 15, 16 Do.
5 60:427 489 32(1) 773 87–772 17 Deletion; new subsec. (1) added.
1535

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1946              
July   5 60:427 489 32(2)(b) 774 87–772 17 Amendment.
5 60:427 489 33(a), (b) 774 87–772 18 Do.
5 60:427 489 33(b) (3), (5), (6) 774 87–772 18 Do.
5 60:427 489 35 774 87–772 19 Do.
5 60:427 489 44(b) 774 87–772 20 Deletion; new subsec. (b) added.
5 60:427 489 44(e), 45 774, 775 87–772 20, 21 Amendment.
13 60:533 507 3–5 741 87–744 1 Revision.
23 60:596 520 3 666 87–720   Exception.
24 60:634 525 1 1174 87–874 101 Amendment of project.
24 60:641 526 4 1195 87–874 207 Supplemental provision. (See also 1944, P.L. 534, sec. 4.)
24 60:641 526 10 1198 87–874 211 Supplemental provision.
31 60:718 570 6 307 87–571   Amendment.
Aug.   1 60:775 586 _ _ _ _ _ _ _ _ _ _ 586 87–688 1(c), 2 Benefits extended to American Samoa.
1 60:775 586 3 586 87–688 2(c) Applicability.
1 60:775 586 7, 8(b) 586 87–688 2(c) Do.
2 60:806 600 1(b) 777 87–776   Amendment.
2 60:806 600 16(a) 775 87–774   Supplemental provision. (See also 1914, P.L. 127, sec. 5(d).)
2 60:812 601 506 741 87–744 1 Exception.
2 60:853 604 3, 20 499, 502 87–649 14, 15 Repeal, with exception: effective date.
7 60:875 624 5(b)(1) 1237, 1238 87–881 203(a), 205 Amendment; nonapplicability.
7 60:875 624 5(c)(1) 1236, 1238 87–881 201(e), 205 Removal of certain limitation; effective date.
7 60:875 624 9(b)(1)–(3) 1237, 1238 87–881 203(b)–(d), 205 Amendment; nonapplicability.
7 60:875 624 9(c)(2) 1238 87–881 203(e), 205 Do.
7 60:875 624 21, 22 1236 87–881 202 Addition.
7 60:896 648 6 124 87–511   Amendment.
7 60:896 648 6 395 87–593   Do.
9 60:963 704   499, 502 87–649 14, 15 Repeal, with exception; effective date.
10 60:993 720 6(a) 168 87–537   Provision subsequent to repeal. (See also 1945, P.L. 190, sec. 4.)
13 60:999 724 412 861, 862 87–793 902, 904 Partial revision; supplemental
13 60:999 724 415 862 87–793 903, 904 provision. Revision; supple–
13 60:999 724 415(a) 862 87–793 903 mental provision. Exception.
13 60:999 724 642(a), (b) 863 87–793 905, 906 Designation “(a)” deleted; subsec. (b) deleted; effective date.
1536

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1946              
Aug.   13 60:999 724 701 263 87–565 401 Exception.
13 60:999 724 872(b), (c) 263 87–565 401 Do.
13 60:999 724 911(9), (10) 263 87–565 401 Do.
13 60:999 724 933(a) 263 87–565 401 Do.
13 60:999 724 942(a) 263 87–565 401 Do.
13 60:1040 725 _ _ _ _ _ _ _ _ _ _ 586 87–688 1(c) Benefits extended to American Samoa. (See also 1944, P.L. 410.)
13 60:1056 727 _ _ _ _ _ _ _ _ _ _ 1178 87–874 103 (Revised. See 1956, P.L. 826.)
14 60:1080 732 2(a) 568 87–678 2 Applicability.
1947              
July   16 61:328 195 (art. I) _ _ _ _ _ _ _ _ _ _ 943 87–821 2(c) Exception.
16 61:328 195 (art. I, title XII) 7(a)(1) 10 87–408 201, 202 Revision; effective date.
16 61:328 195 (art. I, title XII) 11(c)(3) 1154 87–867 14 Exception.
24 61:419 232 _ _ _ _ _ _ _ _ _ _ 763 87–766   Amendment to Compact.
26 61:495 253 2 515, 517 87–651 201, 202 Applicability.
26 61:495 253 201–204 526 87–651 307 Repeal, with exception.
26 61:495 253 201(a), (b) 526 87–651 307 Do.
26 61:495 253 302 526 87–651 307 Do.
26 61:495 253 308(a) 526 87–651 307 Partial repeal, with exception.
26 61:495 253 401–410 526 87–651 307 Repeal, with exception.
26 61:510 254 _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Repeal, witli exception; effective date.
31 61:681 291 2 587 87–689 1 Revision.
Aug.   1 61:715 313 _ _ _ _ _ _ _ _ _ _ 863 87–793 1001(a) (Revised. See 1961, P.L. 87–367, sec. 202.)
4 61:748 350 _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Repeal, with exception; effective date.
7 61:795 381 112(g) 121 87–509 4(b) Amendment.
7 61:795 381 212(g) 121 87–509 4(b) Do.
7 61:795 381 302(f) 499, 502 87–649 14, 15 Repeal, with exception; effective date.
8 61:922 388 201–213 162 87–535 7 Supplemental provision.
8 61:922 388 201 156, 167 87–535 2, 19(a) Amendment; effective date.
8 61:922 388 202 156, 167 87–535 3, 19(a) Revision; effective date.
8 61:922 388 202(c)(3) 162 87–535 7 Supplemental provision.
8 61:922 388 202(c)(4) (A), (B) 169, 170 87–539 2 (a), (f) Existing text designated as (A); new subpar. (B) added; effective date.
1537

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1947              
Aug.   8 61:922 388 202(e) 169, 170 87–539 2 (b), (f) Amendment; nonapplicability; effective date.
8 61:922 388 204 160, 167 87–535 4, 19(a) Revision; effective date.
8 61:922 388 204(a) 162 87–535 7 Supplemental provision.
8 61:922 388 204(a) 169, 170 87–539 2 (c), (f) Revision; effective date.
8 61:922 388 205(a) 160, 167 87–535 5,19(a) Amendment; effective date.
8 61:922 388 206 161, 167 87–535 6, 19(b) Revision; effective date.
8 61:922 388 207 161, 162, 167 87–535 7, 19(a) Revision; nonapplicability; effective date.
8 61:922 388 207(e)(2) 170 87–539 2 (d), (f) Amendment; nonapplicability; effective date.
8 61:922 388 208 162, 167 87–535 8, 19(a) Revision; effective date.
8 61:922 388 209 (a), (d) 162, 167 87–535 9, 19(a) Amendment; effective date.
8 61:922 388 209(e) 162, 167 87–535 9, 19(a) Addition; effective date.
8 61:922 388 211(a) 162, 167 87–535 10(a), 19(a) Amendment; effective date.
8 61:922 388 211(c) 162, 167 87–535 10(b), 19(a) Revision; effective date.
8 61:922 388 212(4) 163, 167 87–535 11, 19(a) Amendment; effective date.
8 61:922 388 213 163, 167 87–535 12, 19(b) Addition; effective date.
8 61:922 388 213 (a)–(c) 170 87–539 2(e), (c) Amendment; effective date.
8 61:922 388 301(b) 163, 165, 167 87–535 13, 19(a) Amendment; exception; effective date.
8 61:922 388 302(a) 163, 167 87–535 13(b), 19(a) Amendment; effective date.
8 61:922 388 302(b) 164, 167 81–535 13(e), 19(a) Revision; effective date.
8 61:922 388 404 166, 167 87–535 14, 19(a) Amendment; effective date.
8 61:922 388 408(b), (c) 166, 167 87–535 15, 19(a) Subsec. (b) deleted; replaced by new (b), (c).
8 61:922 388 412 166, 167 87–535 16, 19(a) Amendment; effective date.
8 61:922 388 413 166, 167 87–535 17, 19(a) Repeal; effective date.
1948              
Feb.   28 62:38 425 5(e), (f) 499, 502 87–649 14, 15 Repeal, with exception; effective date.
Apr.   7 62:161 476   953 87–826 3 Supplemental provision. (See also 1902, P.L. 86.)
1538

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1948              
June   3 62:297 587 9 495, 502 87–649 9(b), 15 Amendment; effective date.
3 62:297 587 16(a) 495, 502 87–649 9(b), 15 Do.
14 62:441 643 2 865, 868 87–793 1001(i), 1008 Do.
19 62:498 699 2(a) (!)–() 596 87–697 1, 2 Subsec. (a) revised and designated as (a)(1); former subsecs. (b)–(f) redesignated as pars. (2)–(6). (See also 1906, P.L. 251, generally.)
19 62:498 699 2(a)(3) 596 87–697 2(b) Redesignated par. (3) amended. (See also 1906, P.L. 251, generally.)
19 62:498 699 2(b)–(f) 596 87–697 2(a) Former subsecs. (b)–(f) redesignated as pars. (2)–(6) of subsec. (a). (See also 1906, P.L. 251, generally.)
19 62:506 710 _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Repeal, with exception; effective date.
22 62:568 733 1 347 87–578   Exception.
24 62:604 759 4(d)(3) 524 87–651 301 Revision.
24 62:604 759 6(d)(1) 167 87–536 1(1), (2) Amendment; exception.
24 62:604 759 6(d)(5) 167 87–536 1(2), (1) Addition; exception.
25 62:869 773 19 360 87–581 203 Repeal. (See 1912, P.L. 199.)
29 62:1081 810 _ _ _ _ _ _ _ _ _ _ 95 87–482 2 Supplemental provision.
30 62:1171 858 203 1175 87–874 101 Supplemental provision. (See also 1946, P.L. 525, sec. 1.)
30 62:1171 858 203 1182 87–874 203 Supplemental provision. (See also 1930, P.L. 520, sec. 1.)
30 62:1171 858 205 1194 87–874 205 Amendment.
July   2 62:1229 885 1 1138 87–860 _ _ _ _ _ _ _ _ _ _ Amendment; effective date.
2 62:1229 885 1(a), (e), (g) 1138 87–860 _ _ _ _ _ _ _ _ _ _ Repeal; effective date.
2 62:1229 885 2, 3 1138 87–860   Do.
2 62:1231 886   1067 87–834 27 Exception.
3 62:1240 896 1–17 1107 87–846 101, 102 Designated as title I; amendments.
3 62:1240 896 2(b) 1112 87–846 103 Partial applicability.
3 62:1240 896 2(c) 1112 87–846 103 Applicability.
3 62:1240 896 2(d) 1113 87–846 104 Addition.
3 62:1240 896 5(a)–(f) 413 87–617 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
3 62:1240 896 5(f) 413 87–617   Exception.
1539

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1948              
July   3 62:1240 896 5(h) 413 87–617   Addition.
3 62:1240 896 11 1112 87–846 103 Applicability.
3 62:1240 896 13(a) 1107 87–846 102 Exception.
3 62:1240 896 201–217 1107, 1110 87–846 103 Addition; restriction.
3 62:1240 896 213 1112 87–846 103 Limitation.
3 62:1260 900 204(d), (e)(1), (2) 840 87–793 304(a) Provision subsequent to repeal.
1949              
Feb.   26 63:7 11 1(b) 127 87–515 2 Revision.
26 63:7 11 2, 3(a) 127 87–515 3, 4 Amendment.
26 63:7 11 5 127 87–515 5 Revision.
26 63:7 11 12 127 87–515 1 Amendment.
May   24 63:76 71   682 87–730 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
27 63:112 76 125 10 87–408 101(a), 103 Amendment; effective date.
27 63:112 76 127(a) 10 87–408 101(b), 103 Revision; effective date.
27 63:112 76 127(e) 10 87–408 101(c), 103 Amendment; effective date.
27 63:112 76 212 10 87–408 102, 103 Do.
31 63:145 82   392 87–590 5(c) Exception.
June   16 63:176 105 409 87 87–466   Repeal.
30 63:377 152 109 401 87–600 1(d) Amendment.
30 63:377 152 109(a)(2), (b) 401 87–600 1(a), (b) Do.
30 63:377 152 109(d) 401 87–600 1(e) Deletion.
30 63:377 152 110 1117 87–847   Addition.
30 63:377 152 203(j) (3) (A), (B) 805 87–786 _ _ _ _ _ _ _ _ _ _ Amendment.
30 63:377 152 203(j) (3) (C) 805 87–786 _ _ _ _ _ _ _ _ _ _ Addition.
30 63:377 152 203 (j) (7) 805 87–786   Do.
30 63:377 152 205(i) 414 87–619   Do.
30 63:377 152 211(m) 500, 502 87–649 14, 15 Repeal, with exception; effective date.
30 63:377 152 602(d)(6) 78 87–456 303(b), 501(a) Amendment; effective date.
30 63:377 152 703, 704 805 87–787   Amendment.
July   15 63:413 171 501(a)(3) 670 87–723 4(a) Addition.
15 63:413 171 501(b) (3) 671 87– 723 4(a) Do.
15 63:413 171 501(c)(1) 671 87–723 4(a) Amendment.
15 63:413 171 502(a) 671 87–723 4(a) Do.
15 63:413 171 504(a) 672 87–723 4(c) Do.
15 63:413 171 506(a) 672 87–723 4(c) Do.
15 63:413 171 511 672 87–723 4(c) Do.
15 63:413 171 515 671 87–723 4(b) Addition.
15 63:413 171 515(a) 672 87–723 4(c) Exception.
Aug.   10 63:578 216 4 526 87–651 307 Partial repeal, with exception. (See 1947, P.L. 253, sec. 201(a), (b).)
10 63:578 216 5,6 526 87–651 307 Repeal, with exception.
10 63:578 216 10(b) 526 87–651 307 Do.
10 63:578 216 11 526 87–651 307 Partial repeal, with exception.
17 63:611 239   499, 502 87–649 14, 15 Repeal, with exception; effective date.
1540

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1949              
Aug.   27 63:666 271 1 78 87–456 303(c), 501(a) Repeal; effective date.
Sept.   7 63:691 293   403 87–603 1, 2 Supplemental provisions. (See also 1926, P.L. 467.)
Oct.   5 63:703 318   499, 502 87–649 14, 15 Repeal, with exception; effective date.
12 63:802 351 _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Partial repeal, with exception; effective date.
12 63:802 351 202(d) 499, 500 87–649 14 Exception.
12 63:802 351 207 499, 500 87–649 14 Do.
12 63:802 351 302(f) 152, 153 87–531 1. 4, 6, 7 Partial revision; supplemental provision; effective date.
12 63:802 351 302(g) 152, 153 87–531 2, 6, 7 Repeal; supplemental provision; effective date.
12 63:802 351 302(h) 152, 153 87–531 3, 7 Amendment; effective date.
12 63:802 351 302(h)(7) 152, 153 87–531 3(4), 7 Addition; effective date.
12 63:802 351 303(a) 111 87–500 2 Amendment.
12 63:802 351 303(a)(2) 111 87–500 1 Do.
12 63:802 351 511 499 87–649 14 Exceptions.
26 63:907 390 _ _ _ _ _ _ _ _ _ _ 1097 87–843 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
27 63:945 421 2 434 87–632   Amendment.
28 63:954 429   43 87–421 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
28 63:954 429   57 87–437 3 Exception.
28 63:954 429   63 87–443 7(a) Do.
28 63:954 429   361 87–582   Do.
28 63:954 429   386 87–586 3 Do.
28 63:954 429   408 87–614 1(a) Do.
28 63:954 429   755 87–759 3 Do.
28 63:954 429   758 87–759 6 Nonapplicability.
28 63:954 429 _ _ _ _ _ _ _ _ _ _ 849, 850 87–793 607, 608 Supplemental provisions.
28 63:954 429   865 87–793 100 l(j) Exception.
28 63:954 429   1099 87–843   Do.
28 63:954 429   1245 87–883 3 Do.
28 63:954 429 505 849 87–793 606(c) Do.
28 63:954 429 505 865 87–793 1001 (j) Supplemental provision.
28 63:954 429 505(b) 848 850 87–793 606 (a), (c), 610 Amendment; supplemental provisions; effective date.
28 63:954 429 505(j) 849, 850 87–793 606(b), 610 Amendment; effective date.
28 63:954 429 505(k), (1) 849, 850 87–793 606(c), 610 Addition; effective date.
28 63:954 429 507(a)(1) 848, 850 87–793 605, 610 Amendment; effective date.
28 63:954 429 507(a)(4) (B) 848, 850 87–793 605, 610 Deletion; new subpar. (B) added; effective date.
1541

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1949              
Oct.   28 63:954 429 603(b) 843, 850 87–793 602, 610 Revision; effective date.
28 63:954 429 701–703 847, 850 87–793 603, 610 Revision; nonapplicability; effective date.
28 63:954 429 701 847 87–793 603 Supplemental provision.
28 63:954 429 802(b) 847, 850 87–793 604, 610 Revision; effective date.
28 63:954 429 802(d) 848, 850 87–793 604(b), 610 Addition; effective date.
28 63:954 429 803 848, 850 87–793 604(c), 610 Revision; effective date.
28 63:954 429 1102 850 87–793 607(a), 610 Repeal; effective date.
31 63:1051 439 101 614, 630 87–703 305, 325 Exception.
31 63:1051 439 105(a) 614 87–703 305 Subsec. (a) deleted; new (a) added.
31 63:1051 439 105(c)(4) 50 87–425 1 Amendment.
31 63:1051 439 105(c)(5), (6) 612 87–703 301 Addition.
31 63:1051 439 107 630 87–703 325(1) Do.
31 63:1051 439 202(a) 109 87–495 _ _ _ _ _ _ _ _ _ _ Amendment.
31 63:1051 439 407 218 87–548 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
31 63:1051 439 407 631, 632 87–703 325, 404 Amendment; exception.
31 63:1051 439 416 611 87–703 205 Supplemental provision.
31 63:1051 439 416(4) 611 87–703 202 Amendment.
1950              
Mar.   10 64:12 455 4(c)–(e), (i) 413 87–616 7 Applicability.
10 64:12 455 7(c)–(e) 413 87–616 7 Do.
10 64:12 455 7(c)–(f) 1112 87–846 103 Do.
10 64:12 455 303(1) 1110 87–846 103 Exception.
Apr.   20 64:48 475 507 731 87–741 101 Conditional exception.
26 64:88 479 _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Repeal, with exception; effective date.
May   10 64:149 507 10 1070 87–835 2 Amendment.
10 64:149 507 16(d) 1069 87–835 1 Revision.
17 64:163 516 110 1180 87–874 110 Applicability.
17 64:163 516 204 1193 87–874 203 Modification of project.
June   2 64:194 532   499, 502 87–649 14, 15 Repeal, with exception; effective date.
21 64:249 569 _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Do.
29 64:275 583 102 499, 502 87–649 14, 15 Do
Aug.   1 64:384 630 8 34 87–419 1 Amendment.
9 64:426 677 1 499, 502 87–649 14, 15 Repeal, with exception; effective date.
9 64:426 677 2 499, 502 87–649 14, 15 Partial repeal, with exception; effective date.
25 64:473 729 2 569 87–680   Amendment.
28 64:477 734 344 197, 87–543 136(b), Repeal; supplemental
        200   141(a) provision.
1542

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1950              
Sept.   7 64:777 764 2(e) 923 87–814 1 Subsec. (e) repealed; new (e) added.
7 64:777 764 6 (a), (b) 923 87–814 2 Amendment.
7 64:777 764 6(c) 923 87–814 2 Addition.
7 64:777 764 7, 8 924 87–814 3, 4 Deletion: new secs. 7, 8 added.
7 64:777 764 10 925 87–814 5 Deletion; new sec. 10 added.
8 64:794 771   153 87–531 4(2) Nonapplicability.
8 64:794 771 1 496, 502 87–649 10, 15 Revision; effective date. (See also 37 USC 401(3), table 5.)
8 64:794 771 1 499, 502 87–649 14, 15 Repeal, with exception; effective date. (See 1949, P.L. 351.)
8 64:794 771 2 496, 502 87–649 10, 15 Revision; effective date. (See also 37 USC 403(a), table 5.)
8 64:794 771 3 152, 153 87–531 4, 7 Revision; effective date. (See also 1949, P.L. 351, sec. 302(f).)
8 64:794 771 3 496, 502 87–649 10, 15 Revision; effective date. (See also 37 USC 403(a), table 5.)
8 64:794 771 4 496, 502 87–649 10, 15 Revision; effective date.
8 64:794 771 4 499, 502 87–649 14, 15 Repeal, with exception; effective date. (See 1949, P.L. 351.)
8 64:794 771 7 153 87–531 4(2), 7 Amendment; effective date.
8 64:794 771 8 153 87–531 4(3), 7 Do.
8 64:794 771 9 499, 502 87–649 14, 15 Repeal, with exception; effective date. (See 1949, P.L. 351.)
8 64:794 771 10, 11 153 87–531 5 Supplemental provision.
8 64:794 771 16 499, 500 87–649 14 Do.
8 64:798 774 717(a) 112 87–505   Amendment.
21 64:873 797 2, “Sec. 18(g)” 953 87–827 2 Amendment; nonapplicability.
22 64:904 809 1 536 87–656 10 Supplemental provision. (See also 1901, ch. 854, secs. 675, 676.)
23 64:978 818 _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Repeal, with exception: effective date.
23 64:987 831 3(7) 91 87–474 1(a) Amendment.
23 64:987 831 5(b) 91 87–474 1(b) Revision.
26 64:1038 841 2(b) 76 A: 699 87–845 12 Supplemental provision. (See also 1941, P.L. 292, sec. 4.)
1543

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1950              
Sept.   30 64:1093 869 2 126 87–514 1 Amendment. (See also 1930, P.L. 361, sec. 1, par. 301.)
30 64:1098 873   861 87–793 804 Applicability.
30 64:1100 874   328 87–577 506 Exception.
30 64:1109 875 2(b), (c) 111 87–502 1 Revision.
30 64:1109 875 3(d) 111 87–502 2 Amendment.
1951              
Jan.   2 64:1134 906 1(a)(2) 1075, 1077 87–840 2(a), 7 Revision; effective date.
2 64:1134 906 1(a)(3) 1075, 1077 87–840 2(b), 7 Amendment; effective date.
2 64:1134 906 1(b) 1075, 1077 87–840 3,7 Do.
2 64:1134 906 1(d), (e) 1075, 1077 87–840 3,7 Addition; effective date.
2 64:1134 906 2 1075, 1077 87–840 4, 7 Amendment; effective date.
2 64:1134 906 3 1075, 1077 87–840 5,7 Revision; effective date.
2 64:1134 906 9 1077 87–840 6,7 Addition; effective date.
6 64:1223 911 703 526 87–651 307 Repeal, with exception.
12 64:1245 920 307 111 87–501   Amendment.
Mar.   23 65:7 9   123 87–510 3(b) Exception.
23 65:7 9 102(c) (1) 134 87–520 1 Amendment.
23 65:7 9 105(b)(2) 134 87–520 2 (c), (d) Amendment; effective date.
23 65:7 9 108 134 87–520 2 (b), (d) Do.
23 65:7 9 108A 134 87–520 2 (a), (b), (d) Revision; exception; effective date.
June   16 65:72 50   883 87–794 258 Exception.
16 65:72 50 5–8(a) 882 87–794 257(e) (1)(3) Repeal, with exceptions.
16 65:72 50 11 78 87–456 303(c), 501(a) Repeal; effective date.
Aug.   17 65:192 116   1067 87–834 27 Supplemental provision. (See also 1948, P.L. 886.)
Oct.   20 65:452 183 497 114 87–508 3(b) Amendment.
20 65:452 183 618 205 87–543 141(e) Do.
26 65:644 213 _ _ _ _ _ _ _ _ _ _ 260, 261 87–565 301(a), (d)(3) Supplemental provisions.
26 65:644 213 305 263 87–565 401 Exception.
30 65:672 233 3 839 87–793 304(a) Provision subsequent to repeal.
30 65:672 233 203(a) 596 87–697 4 Exception.
30 65:695 242 _ _ _ _ _ _ _ _ _ _ 61 87–441 6 Supplemental provision.
30 65:695 242 11 61 87–441 5(a) Repeal.
31 65:710 248 24(a) 76A: 698 87–845 3(a) Supplemental provision. (See also 18 USC 798, table 5.)
Nov.   1 65:736 253 1309 499, 502 87–649 14, 15 Repeal, with exception; effective date.
1 65:736 253 1310(a) 858 87–793 717, 720 Amendment; effective date.
1544

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1952              
Mar.   5 66:14 271 _ _ _ _ _ _ _ _ _ _ 1235 87–881 101(13) Applicability; effective date.
May   19 66:79 346 _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Repeal, except sec. 4; effective date.
19 66:79 346 1(C), (f) 153 87–531 6, 7 Repeal; effective date.
June   5 66:128 377 2(a) 530 87–654 1 Amendment.
5 66:128 377 3 530 87–654 2 Addition.
25 66:156 410 _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Repeal, with exception: effective date.
27 66:163 414 104(b) 123 87–510 4(a)(2) Amendment.
27 66:163 414 203(a)(1), (4) 1247 87–885 1, 2 Supplemental provision.
27 66:163 414 204(c) 1247 87–885 3 Amendment.
27 66:163 414 212(d)(5) 124 87–510 6 Supplemental provision.
27 66:163 414 244 1247 87–885 4 Revision.
July   9 66:481 476 244 499, 502 87–649 14, 15 Repeal, with exception; effective date.
9 66:481 476 257(e) 526 87–651 307 Repeal, with exception.
9 66:481 476 262 153 87–531 4(2) Exception.
9 66:481 476 265 526 87–651 307 Repeal, with exception.
9 66:481 476 265(a) 120 87–509 1(1) Revision.
9 66:481 476 265(b)(5) 120 87–509 1(2) Amendment.
9 66:481 476 265(b)(6) 120, 121 87–509 1(3), 3 Revision; exception.
9 66:481 476 265(c) 121 87–509 1(4) Revision.
9 66:481 476 265(e) 121 87–509 1(5) Repeal–.
10 66:543 493 4 16 87–408 315 Supplemental provision. (See also 1937, P.L. 314, sec. 14.)
14 66:606 534 401(b) 526 87–651 307 Repeal, with exception.
15 66:637 547 1409 777 87–777 2 Amendment.
16 66:722 555 _ _ _ _ _ _ _ _ _ _ 869 87–793 1101(e) Supplemental provision. (See also 1930, P.L. 279, sec. 8(c).)
19 66:781 592 1 575 87–683   Supplemental pro–
              vision. (See also 1924, P.L. 202, sec. 2(b).)
1953              
Mar.   23 67:6 8 _ _ _ _ _ _ _ _ _ _ 499, 502 87–649 14, 15 Partial repeal, with exception; effective date.
May   21 67:27 29 _ _ _ _ _ _ _ _ _ _ 217 87–547 6 Supplemental provision. (See also 1920, P.L. 233.)
June   4 67:41 47   33 87–417   Amendment.
20 67:72 74 405(b)(E) 596 87–697 3, 5 Revision; effective date.
26 67:83 83 1, “Sec. 2” 745 87–749 1(a) Amendment.
26 67:83 83 1, “Sec. 3(b) ” 745 87–749 1(b) Do.
26 67:83 83 1, “Sec. 3(c) 1” 745 87–749 1(c) Revision.
1545

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1953              
June   26 67:83 83 1, “Sec. 3(c) 2” 745 87–749 1(d) Amendment.
26 67:83 83 1, “Sec. 3(d) ” 745 87–749 1(e) Do.
26 67:83 83 1, “Secs. 4–6” 745 87–749 1 (c), (g) Do.
26 67:83 S3 1, “Sec. 8(b) ” 745 87–749 1(h) Do.
26 67:83 83 1, “Sec. 10” 745 87–749 1(1) Addition.
29 67:86 84 8 499, 502 87–649 14, 15 Repeal, with exception; effective date.
29 67:90 85 306 (a)–(c) 591 87–691 3 Repeal. (See D.C. Rev. Stat. 413(d), table 2.)
30 67:133 99 4 76A: 698 87–845 3(a) Supplemental provision. (See also 18 USC 798, table 5.)
July   31 67:261 172   397 87–594 8 Exception.
Aug.   1 67:336 179 605 499, 502 87–649 14, 15 Repeal, with exception; effective date.
1 67:336 179 617 499, 502 87–649 14, 15 Do.
I 67:336 179 640 499, 502 87–649 14, 15 Do.
1 67:336 179 645 526 87–651 307 Partial repeal, with exception.
7 67:418 207 1309 499, 502 87–649 14, 15 Repeal, with exception: effective date.
7 67:418 207 1309 777 87–777 2 Amendment.
13 67:566 258 _ _ _ _ _ _ _ _ _ _ 678 87–728 3 Restriction on benefits.
1954              
May   18 68:101 364 101(a) 17 87–408 501 Exception.
18 68:101 364 101 (a), (b) 17, 18 87–408 501, 504 Existing text designated as (a); new subsec. (b) added; effective date.
18 68:101 364 207 18 87–408 502, 504 Amendment; effective date.
18 68:101 364 208(c) 18 87–408 503, 504 Addition; effective date.
18 68:101 364 1601, 1602 16 87–408 315 Applicability.
June   8 68:177 389   423 87–624 301 Do.
8 68:177 389 45(b) 425 87–624 304(e) Nonapplicability.
17 68:250 399   53 87–432 1 Exception.
30 68:330 451 2 171 87 541   Amendment.
30 68:337 458 719 526 87–651 307 Repeal, with exception.
30 68:337 458 729 500, 502 87–649 14, 15 Repeal, with exception; effective date.
July   I 68:360 464 2 882 87–794 257(f) Repeal, with exception.
10 68:454 480 101 (b), (c) 611 87–703 201(5) Applicability.
10 68:454 480 104(e) 263 87–565 401 Exception.
10 68:454 480 104 (m) 1074 87–839 2 Amendment.
10 68:454 480 308 611 87–703 203, 205 Amendment; supplemental provision.
10 68:454 480 401–403 610, 611 87– 703 201(l)–(3) Amendment.
1546

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1954              
July   10 68:454 480 405 611 87–703 201(4) Revision.
10 68:454 480 406 611 87–703 201(5) Amendment.
16 68:488 506 2 500, 502 87–649 14, 15 Repeal, with exception: effective date.
22 68:497 517 15 35 87–419 2 Amendment.
22 68:497 517 17(a) 43 87–421   Do.
27 68:535 534 509(b) 526 87–651 307 Repeal, with exception.
Aug.   2 68:590 560 702 544 87–658 6 Exception.
2 68:590 560 702(g) 544 87–658 6 Addition.
3 68:652 565 2, “Sec. 2” 368, 369 87–582 _ _ _ _ _ _ _ _ _ _ Supplemental provisions.
3 68:652 565 2, “Sec. 3 (a)(1) ” 369 87–582 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
4 68:666 566   438 87–639 1 Exception.
4 68:666 566 4(1) 608 87–703 103(1) Amendment.
4 68:666 566 4(2) (A), (B) 609 87–703 103(2), 104 Revision.
4 68:666 566 5 609 87–703 105 Do.
4 68:666 566 7 610 87–703 106 Amendment.
5 68:674 568 _ _ _ _ _ _ _ _ _ _ 54 87–432 2 Supplemental provision.
17 68:736 598 4 406 87–611 _ _ _ _ _ _ _ _ _ _ Amendment; effective date.
17 68:736 598 5(c) 720 87–741 101 Exception.
17 68:736 598 10 720 87–741 101 Supplemental provision.
20 68:752 606 1 677 87–727 1. 2 Do.
20 68:752 606 2(c), 3 677 87–727 3 Amendment.
26 68:832 665 405(a) 122 87–510 2(e) Supplemental provision.
26 68:832 665 405(a) 124 87–510 6, 5(b) Repeal, with exception.
26 68:832 665 405(c) 122 87–510 2(e) Supplemental provision.
26 68:832 665 405(c) 124 87–510 6, 5(b) Repeal, with exceptions.
26 68:832 665 405(d) 122 87–510 2(e) Supplemental provision.
26 68:832 665 405(d) 124 87–510 6, 5(b) Repeal, with exception.
26 68:832 665 414 76A: 699 87–845 5 Applicability.
26 68:832 665 414(d) 76 A: 698, 701 87–845 5,25 Addition; effective date.
26 68:832 665 451(c) 122 87–510 2(e) Supplemental provision.
26 68:832 665 451(c) 124 87–510 6, 5(b) Repeal, with exception.
26 68:832 665 523(d) 263 87–565 401 Exception.
27 68:868 671 10 597 87–698   Amendment.
28 68:915 696 _ _ _ _ _ _ _ _ _ _ 500, 502 87–649 14, 15 Repeal, with exception; effective date.
30 68:919 703 1, “Sec. 11o” 410 87–615 4 Revision.
30 68:919 703 1, “Sec. 11r” 410 87–615 5 Do.
30 68:919 703 1, “Sec. 109” 411 87–615 9 Amendment.
30 68:919 703 1, “Sec. 145f” 411 87–615 10 Do.
30 68:919 703 1, “Sec. 152” 411 87–615 11 Do.
1547

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1954              
Aug.   30 68:919 703 1, “Sec. 161d” 864, 868 87–793 1001(g), 1008 Amendment; effective date.
30 68:919 703 1, “Sec. 1611” 78 87–456 303(c), 501(a) Repeal; effective date.
30 68:919 703 1, “Sec. 161n” 411 87–615 12 Amendment.
30 68:919 703 1, “Sec. 163” 409 87–615 1 Applicability.
30 68:919 703 1, “Sec. 169” 602, 603 87–701 110 Exception.
30 68:919 703 1, “Sec. 170d” 410 87–615 6 Amendment.
30 68:919 703 1, “Sec. 170e” 410 87–615 7 Revision.
30 68:919 703 1, “Sec. 182b” 409 87–615 3 Do.
30 68:919 703 1, “Sec. 189a” 409 87–615 2 Amendment.
30 68:919 703 1, “Sec. 191” 409 87–615 1 Addition.
30 68:919 703 1, “Sec. 261c, d” 411 87–615 8 Do.
31 68:1006 734 _ _ _ _ _ _ _ _ _ _ 526 87–651 307 Repeal, with exception.
31 68:1043 747   869 87–793 1101(e) Supplemental provision. (See also 1930, P.L. 279, sec. 8(c).)
Sept.   1 68:1119 765 407 526 87–651 307 Repeal, with exception.
I 68:1126 766 2 500, 502 87–649 14, 15 Partial repeal, with exception; effective date. (See also 1949, P..L..J52, sec. 211(m).)
3 68:1147 773 702(c) 526 87–651 307 Repeal, with exception.
3 68:1248 780 _ _ _ _ _ _ _ _ _ _ 54 87–434 _ _ _ _ _ _ _ _ _ _ Supplemental provision.
3 68:1248 780 101 3 87–402   Do.
3 68:1248 780 101 1174 87–874 101 Modification of project.
3 68:1248 780 203 1193 87–874 203 Do.
3 68:1248 780 209 1195 87–874 207 Supplemental provision. (See also 1944, P.L. 534, sec. 4.)
1955              
Mar.   31 69:18 20   500, 502 87–649 14, 15 Partial repeal, with exception; effective date.
31 69:18 20 5 500 87–649 14 Exception.
Apr.   22 69:28 24 1201–1204 71 87–453 1 Supplemental provision.
June   21 69:169 89 1 500, 502 87–649 14, 15 Repeal, with exception; effective date.
30 69:199 112 _ _ _ _ _ _ _ _ _ _ 734 87–741 101 Supplemental provision.
30 69:223 118 103 500, 502 87–649 14, 15 Partial repeal, with exception; effective date.
1548

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1955              
June   30 69:223 118 203 500, 502 87–649 14, 15 Repeal, with exception; effective date.
30 69:226 121 104 849, 850 87–793 607(a), 610 Repeal; effective date.
30 69:242 126 1(b) 808 87–790 1 Amendment.
July   7 69:264 133   850 87–793 607(b), 610 Amendment; effective date.
14 69:322 159 3 (a), (b) 760 87–761 2 Existing text designated as (a); new subsec. (b) added.
14 69:322 159 5 760 87–761 1 Amendment.
15 69:324 161 201 230 87–554 204(a) Do.
15 69:324 161 502(2) 230 87–554 204(b) Do.
15 69:324 161 507, 513(b) 526 87–651 307 Repeal, with exception.
15 69:324 161 515 239 87–554 505 Amendment.
15 69:352 162 1 934 87–818 1(1) Do.
15 69:352 162 2 934 87–818 1(2) Partial revision.
15 69:352 162 2 (b), (c) 934 87–818 1 (3), (4) Revision.
15 69:352 162 2(e) 934 87–818 1(6) Do.
15 69:352 162 2(f) 934 87–818 1(7) Addition.
15 69:352 162 5 935 87–818 1(8) Amendment.
15 69:354 163 _ _ _ _ _ _ _ _ _ _ 849, 850 87–793 607(a), 610 Partial repeal; effective date.
15 69:354 163 206 849, 850 87–793 607(a), 610 Repeal; effective date.
23 69:367 167 3 652 87–713 1 Revision.
Aug.   4 69:471 221 21b(3) 664 87–719 1 Addition.
4 69:471 221 21i 664 87–719 2 Amendment.
4 69:471 221 21 664 87–719 3 Do.
4 69:471 221 21m 664 87–719 4 Addition.
4 69:471 221 32 664 87–719 5 Amendment.
4 69:471 221 35a 665 87–719 14 Applicability.
4 69:471 221 36b 664 87–719 6 Revision.
4 69:471 221 36d 665 87–719 14 Applicability.
4 69:471 221 41a 664 87–719 7 Amendment.
4 69:471 221 41c 664 87–719 8 Addition.
4 69:471 221 52a (3) 665 87–719 9 Do.
4 69:471 221 53b, c 665 87–719 10, 11 Amendment.
4 69:471 221 55d 665 87–719 12 Do.
4 69:471 221 57b 665 87–719 13 Do.
4 69:471 221 58 665 87–719 14 Addition.
4 69:471 221 62–66 665 87–719 14 Applicability.
4 69:471 221 62a 665 87–719 15 Amendment.
4 69:471 221 62d 665 87–719 16 Revision.
4 69:471 221 63 666 87–719 17 Amendment.
4 69:471 221 64 (a), (b) 666 87–719 18, 19 Do.
4 69:471 221 72 666 87–719 20 Do.
4 69:471 221 75 666 87–719 21 Do.
4 69:471 221 81 666 87–719 22 Do.
4 69:471 221 83 666 87–719 23 Do.
4 69:471 221 118b 666 87–719 24 Do.
5 69:499 242 _ _ _ _ _ _ _ _ _ _ 867 87–793 1005(d), (c) Amendment; exception.
5 69:521 243 _ _ _ _ _ _ _ _ _ _ 1235 87–881 102, 103 Repeal of supplemental provision; effective date.
5 69:521 243 1 1229, 1235 87–881 101(1), 103 Partial revision; effective date.
5 69:521 243 2(a), (b) 1231, 1235 87–881 101(2), (3), 103 Amendment; effective date.
1549

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1955              
Aug.   5 69:521 243 4 1232, 1235 87–881 101(4), 103 Revision; effective date.
5 69:521 243 6(a) 1233, 1235 87–881 101(5), 103 Do.
5 69:521 243 6(b) 1233, 1235 87–881 101(6), 103 Amendment; effective date.
5 69:521 243 7(a) 1234, 1235 87–881 101(7), 103 Do.
5 69:521 243 8(a) 1234, 1235 87–881 101(8), 103 Do.
5 69:521 243 11(1) 1234, 1235 87–881 101(9), 103 Do.
5 69:521 243 13(a) 1234, 1235 87–881 101(10), 103 Partial revision; effective date.
5 69:521 243 13(b) 1235 87–881 101(11), 103 Amendment; effective date.
5 69:521 243 14, 15 1235 87–881 101(12), (13), 103 Revision; effective date.
5 69:521 243 16 1235 87–881 101(14), 103 Amendment; effective date.
5 69:532 245 _ _ _ _ _ _ _ _ _ _ 500, 502 87–649 14, 15 Repeal, with exception; effective date.
5 69:534 247 _ _ _ _ _ _ _ _ _ _ 246 87–558 2 Supplemental provisions.
9 69:539 255 1 805 87–785   Amendment.
9 69:616 320 2 113 87–507 1, 2 Addition; effective date.
11 69:635 345 201 920 87–808 1 Amendment.
11 69:635 345 202(a)(1) 920 87–808 2 Do.
11 69:635 345 202(b)(4) 435 87–634   Do.
11 69:635 345 202(b)(4) 543 87–658 5(a) Do.
11 69:635 345 202(c) 920 87–808 2 Do.
11 69:635 345 202(d) 920 87–809   Do.
11 69:635 345 202(e) 543 87–658 5(b) Addition.
11 69:635 345 207 920 87–808 3 Amendment.
11 69:635 345 404(f) 237 87–554 501(d) Partial repeal.
11 69:635 345 404(g) 237 87–554 501 Repeal; supplemental provision.
11 69:635 345 404(h) 237 87–554 501 Do.
11 69:635 345 405 237 87–554 501(b) Supplemental provision.
11 69:683 360   745 87–749   Supplemental provision. (See also 1953, P.L. S3.)
11 69:691 368 _ _ _ _ _ _ _ _ _ _ 500, 502 87–649 14, 15 Repeal, with exception; effective date.
11 69:692 369 _ _ _ _ _ _ _ _ _ _ 869 87–793 1101(f) Supplemental provision. (See also 1930, P.L. 279, sec. 8(d).)
1956              
Mar.   29 70:60 445 _ _ _ _ _ _ _ _ _ _ 217 87–547 6 Supplemental provision. (See also 1920, P.L. 233.)
Apr.   11 70:105 485 _ _ _ _ _ _ _ _ _ _ 96 87–483 1, 2 Supplemental provisions.
11 70:105 485   101 87–483 13, 14 Applicability.
11 70:105 485   390 87–590 1(b) Supplemental provision.
11 70:105 485   392, 87–590 5 Applicability.
1550

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Chapter Section 78 Stat. Public law Section Comment
1956              
Apr.   11 70:105 485 1(2), 2 102 87–483 18 Amendment.
11 70:105 485 5(e), 7 102 87–483 18 Do.
11 70:105 485 12 99, 102 87–483 10, 17 Authorization increase; nonapplicability.
11 70:111 486   919 87–807 19(c) Applicability.
27 70:116 492 2(a) 500, 502 87–649 14, 15 Repeal, with exception; effective date.
30 70:119 497 2, 5 500, 502 87–649 14, 15 Do.
May   28 70:188 540 107(a)(3) 135 87–521   Amendment.
28 70:188 540 204 104 87–488   Do.
28 70:188 540 206(b) 78 87–456 303(c), 501(a) Repeal; effective date.
28 70:188 540 207 849, 850 87–793 607(a), 610 Partial repeal; effective date.
June   13 70:275 576 _ _ _ _ _ _ _ _ _ _ 500, 502 87–649 14, 15 Repeal, with exception; effective date.
19 70:293 597 _ _ _ _ _ _ _ _ _ _ 586 87–688 1(c) Benefits extended to American Samoa.
19 70:293 597   587 87–688 5 Amendment; effective date.
19 70:293 597 4(a) 587 87–688 5 Do.
19 70:293 597 6(a) 587 87–688 5 Do.
July   2 70:487 648 1 1236 87–881 201(e) Supplemental provision. (See also 1946, P.L. 624, sec. 5(c)(1).)
9 70:513 673   1067 87–834 27 Supplemental provision. (See also 1948, P.L. 886.)
9 70:517 676   526 87–651 307 Repeal, with exception. (See 1952, P.L. 476, sec. 265.)
24 70:625 770 : 500, 502 87–649 14, 15 Repeal, with exception; effective date.
26 70:669 811 _ _ _ _ _ _ _ _ _ _ 61 87–441 6 Supplemental provision.
26 70:669 811 15 61 87–441 5(a) Repeal.
28 70:702 826 1 1178 87–874 103(a) Applicability.
28 70:702 826 1(b), (e) 1178 87–874 103(a) (1)(3) Amendment.
28 70:702 826 2,3 1178 87–874 103(a)(4) Revision.
31 70:736 854 107(a)(6) 866 87–793 1004 Compensation rate, increase.
31 70:736 854 401 76A: 697 87–845 2 Supplemental provision..
31 70:736 854 401, “Sec. 1(j) ” 871 87–793 1103(f) Amendment.
31 70:736 854 401, “Sec. 1(t) ” 869 87–793 1102 Addition.
31 70:736 854 401, “Sec. 9(g) ” 870, 871 87–793 1103(a), 1104 Revision; nonapplicability.
31 70:736 854 401, “Sec. 10(a)(1) ” 870, 871 87–793 1103(b), 1104 Do.
31 70:736 854 401, “Sec. 10(b), (c) ” 871 87–793 1103(c), (d), 1104 Amendment; nonapplicability.
31 70:736 854 401, “Sec. 10(d) ” 870 87–793 1102(b) Supplemental provision.
31 70:736 854 401, “Sec. 10(d) ” 871 87–793 1103(f) Amendment.
1551

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section 76 Stat. Public law Section Comment
1956               
July   31  70:736  854  401 “Sec. 10(e)”  871  87–793  1103(e), 1104  Amendment; nonapplicability. 
31  70:736  854  401, “Sec. 13(b)”  560  87–677  _ _ _ _ _ _ _ _ _ Applicability. 
31  70:736  854  401, “Secs. 18, 19”  869  87–793  1102(b)  Sec. 18 redesignated as 19; new 18 added. 
Aug.   1  70:890  885  2(b)  263  87–565  402  Addition. 
1  70:899  893  _ _ _ _ _ _ _ _ _ 76A: 700  87–845  13  Applicability. 
1  70:899  893  10  76A: 700, 701  87–845  13, 25  Addition effective date. 
1  70:908  896  23  526  87–651  307  Repeal, with exception. 
2  70:940  925  _ _ _ _ _ _ _ _ _ 746  87–750  _ _ _ _ _ _ _ _ _ Supplemental provision. 
3  70:991  968  411(a)  526  87–651  307  Repeal, with exception. 
3  70:1028  976  _ _ _ _ _ _ _ _ _ 938–943  87–821  1–3  Revision; effective date. 
3  70:1032  979  13  1157  87–869  10  Amendment. 
6  70:1076  1012  2  405  87–607  _ _ _ _ _ _ _ _ _ Amendment. (See also 1930, P.L. 361, sec. 201, par. 1643.) 
8  70:1119  1024  3(a)  849, 850  87–793  607(a), 610  Partial repeal; effective date. 
10  70A:1  1028  1  78  87–456  303(c), 501(a)  Partial repeal; effective date. (See 10 USC 2383, table 5.) 
10  70A:1  1028  3(a) (10)  495, 502  87–649  9(a), 15  Addition; effective date. 
10  70A:1  1028  20  500, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  70A:1  1028  21  526  87–651  307  Partial repeal, with exception. 
10  70A:1  1028  23  500, 502  87–649  14,15  Repeal, with exception; effective date. 
10  70A:1  1028  29 (c), (d)  1121  87–849  1(a)  Exception. 
1957               
Mar.   9  71:5  85–7  5  263  87–565  401  Do. 
Aug.   21  71:391  85–157  3  1133  87–857    Supplemental provision. (See also 1916, P.L. 250, sec. 12.) 
21  71:403  85–162  111(a)(3)  602  87–701  110  Amendment. 
28  71:441  85–172  4(a)  110  87–498    Revision. 
28  71:466  85–184  3  71  87–452    Amendment. 
28  71:469  85–187  1(a), (b)  544  87–659  3  Do. 
28  71:469  85–187  1(c)  544  87–659  3  Addition. 
28  71:484  85–208  _ _ _ _ _ _ _ _ _ 500, 502  87–649  14, 15  Repeal, with exception; effective date. 
1552

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section 76 Stat. Public law Section Comment
1957               
Aug.   30  71:516  85–235  3  1138  87–859  1(1)  Amendment. (See also IRC 1954, sec. 4511(a), table 4.) 
30  71:531  85–241  405  526  87–651  307  Repeal, with exception. 
Sept.   2  71:597  85–272  4  500, 502  87–649  14, 15  Repeal, with exception; effective date. 
7  71:629  85–307  2(a)  936  87–820  1  Revision. 
7  71:629  85–307  3  936  87–820  2  Amendment. 
7  71:629  85–307  4 (d)–(f)  936  87–820  3  Do. 
7  71:629  85–307  5  936  87–820  4  Do. 
7  71:629  85–307  6(a)  936  87–820  5(a)  Do. 
7  71:629  85–307  6(c)  936  87–820  5(b)  Addition. 
7  71:629  85–307  7 (b), (c)  936  87–820  6  Amendment. 
7  71:629  85–307  8  936  87–820  7  Do. 
1958               
Mar.   6  72:31  85–339  2, 3  804  87–784  _ _ _ _ _ _ _ _ _ Do. 
6  72:31  85–339  4(c)  804  87–784  _ _ _ _ _ _ _ _ _ Do. 
17  72:37  85–347  _ _ _ _ _ _ _ _ _ 500, 502  87–649  14, 15  Repeal, with exception; effective date. 
Apr.   11  72:87  85–377  1  720  87–741  101  Exception. (See 1954, P.L. 598, sec. 5.) 
May   16  72:119  85–415  2  264  87–567  _ _ _ _ _ _ _ _ _ Amendment. (See also 1930, P.L. 361, sec. 1, par. 6.) 
20  72:122  85–422  1, 5  500, 502  87–649  14, 15  Repeal, with exception; effective date. 
July   3  72:297  85–500  101, 104  1177, 1179  87–874  101, 104  Modification of projects. 
3  72:297  85–500  110(b)  1179  87–874  106  Exception. 
3  72:297  85–500  110(f)  1179  87–874  106  Amendment. 
3  72:297  85–500  203  1188, 1189, 1193  87–874  203  Modification of projects. 
7  72:327  85–507  _ _ _ _ _ _ _ _ _ 264  87–566  _ _ _ _ _ _ _ _ _ Nonapplicability. 
7  72:327  85–507  _ _ _ _ _ _ _ _ _ 1125  87–849  1(a)  Exception. 
7  72:327  85–507  4(a)  264  87–566  _ _ _ _ _ _ _ _ _ Revision. 
7  72:327  85–507  19 (a)–(c)  264  87–566  _ _ _ _ _ _ _ _ _ Exception. 
18  72:384  85–536  2, “Sec. 4 (e)”  220  87–550  1(a)  Revision. 
25  72:405  85–550  13(a) (1), (2)  76 A: 697, 701  87–845  2, 25  Designation “(1)” deleted; clause (2) deleted; effective date. 
29  72:426  85–568  201(f)  385  87–584  7  Amendment. 
29  72:426  85–568  203(b)(2)  864, 868  87–793  1001(f), 1008  Amendment; effective date. 
29  72:426  85–568  203(b) (14)  384  87–584  6  Addition. 
31  72:439  85–570  105  695  87–730  106 (d), (e)  Repeal, with exception; effective date. 
Aug.   1  72:480  85–584  _ _ _ _ _ _ _ _ _ 1243  87–882  4  Repeal of supplemental provision. 
1  72:480  85–584  101  1239–1243  87–882  1, 2, 5  Revision; supplemental provisions ; effective date. 
1553

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section 76 Stat. Public law Section Comment
1958               
Aug.   1  72:480  85–584  201  1240, 1243  87–882  2, 5  Nonapplicability; effective date. 
1  72:480  85–584  203(b)  1242, 1243  87–882  3(a), 5  Amendment; effective date. 
1  72:480  85–584  204  1242, 1243  87–882  3(b), 5  Addition; effective date. 
1  72:480  85–584  304  1243  87–882  3(c), 5  Amendment; effective date. 
1  72:480  85–584  401(a)(2)  1243  87–882  3(d), 5  Revision; effective date. 
4  72:490  85–590  101  602  87–701  107(d)  Amendment. 
6  72:514  85–599  3 (a), (b)  526  87–651  307  Repeal, with exception. 
6  72:514  85–599  5(b)  526  87–651  307  Do. 
6  72:514  85–599  9(a)  526  87–651  307  Partial repeal, with exception. 
20  72:636  85–685  101  226  87–554  104(a)  Amendment. 
20  72:636  85–685  109(a)  242  87–554  609  Do. 
20  72:636  85–685  502(1)  226  87–554  104(b)  Do. 
20  72:636  85–685  510, 511  526  87–651  307  Repeal, with exception. 
23  72:731  85–726  101(32)” (35)  143  87–528  1  Pars. (32), (33) redesignated as (34), (35); new (32), (33) added. 
23  72:731  85–726  203(c)  921  87–810  5  Addition. 
23  72:731  85–726  302(f)  864, 868  87–793  1001(h), 1008  Amendment; effective date. 
23  72:731  85–726  401(d)(3)  143  87–528  2  Addition. 
23  72:731  85–726  401(e)  143  87–528  3  Revision. 
23  72:731  85–726  401(n)  144  87–528  4  Addition. 
23  72:731  85–726  406(b)(3)  145  87–528  5  Amendment. 
23  72:731  85–726  410  936  87–820  8  Amendment; nonapplicability. 
23  72:731  85–726  417  145  87–528  6  Addition. 
23  72:731  85–726  701(c)  921  87–810  1  Amendment. 
23  72:731  85–726  701(d)  921  87–810  2  Revision. 
23  72:731  85–726  901 (a)  149  87–528  12  Do. 
23  72:731  85–726  902(a)  150  87–528  13  Do. 
23  72:731  85–726  902 (o)  921  87–810  4  Addition. 
23  72:731  85–726  1105  921  87–810  3  Amendment. 
28  72:997  85–836    43  87–420  18, 19  Amendment; effective date. 
28  72:997  85–836  3(a)  35, 43  87–420  2, 19  Designation “a” deleted; effective date. 
28  72:997  85–836  3(1)  35, 43  87–420  3, 19  Amendment; effective date. 
28  72:997  85–836  3(9)  35, 43  87–420  4, 19  Revision; effective date. 
28  72:997  85–836  3(11)–(13)  35, 43  87–420  5, 19  Par. (11) deleted; new (11)–(13) added; effective date. 
28  72:997  85–836  4(b) (3), (4)  35, 43  87–420  6, 19  Revision; effective date. 
28  72:997  85–836  5(a)  36, 43  87–420  7, 19  Amendment; effective date. 
28  72:997  85–836  6(b)  36, 43  87–420  8, 19  Do. 
28  72:997  85–836  7(a), (b)  36, 43  87–420  9 (a)–(c), 19  Do. 
28  72:997  85–836  7(c)(1) (B)  37, 43  87–420  10–12, 19  Do. 
1554

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section 76 Stat. Public law Section Comment
1958               
Aug.   28  72:997  85–836  7(g), (h)  37, 43  87–420  13, 19  Addition; effective date. 
28  72:997  85–836  8(a)(2)  37,43  87–420  14, 19  Amendment; effective date. 
28  72:997  85–836  9(a)  37, 43  87–420  15(a), 19  Do. 
28  72:997  85–836  9(d)–(i)  37, 43  87–420  15(b), 19  Subsecs, (d), (e) deleted; new (d)–(i) added; effective date. 
28  72:997  85–836  10–18  38–41, 43  87–420  16(a), 19  Former secs. 10–12 renumbered as 16–18; new 10–15 added; effective date. 
28  72:997  85–836  16(b)  41, 43  87–420  16(b), 19  Redesignated sec. 16(b) amended; effective date. 
Sept.   2  72:1105  85–857  10  441, 442  87–645  1(b), 4  Rate adjustment authority; effective date. 
2  72:1105  85–857  11(a), (b)  1198  87–875  _ _ _ _ _ _ _ _ _ Existing text designated as (a) ; new (b) added. 
2  72:1437  85–861  10, 11  500, 502  87–649  14, 15  Repeal, with exception; effective date. 
2  72:1437  85–861  33(d)(2), (f)  500, 502  87–649  14, 15  Do. 
2  72:1580  85–864  1001(f), (g)  1070  87–835  3  Former subsec. (f) deleted; new (f), (g) added. 
2  72:1580  85–864  1003  901  87–794  361(c)  Applicability. 
2  72:1742  85–905  1  654  87–715  1(a)  Revision. 
2  72:1742  85–905  3(b)(4)–(7)  654  87–715  1(b)  Pars. (4)–(6) redesignated as (5)–(7) ; new (4) added. 
2  72:1742  85–905  4  654  87–715  1(c)  Amendment. 
6  72:1790  85–931  9  611  87–703  204, 205  Amendment; supplemental provision. 
1959               
Mar.   23  73:13  86–4  3  500, 502  87–649  14, 15  Partial repeal, with exception; effective date. 
23  73:13  86–4  5  500, 502  87–649  14, 15  Repeal, with exception; effective date. 
May   29  73:63  86–36  4  864, 868  87–793  1001(c), 1008  Amendment; effective date. 
29  73:64  86–37  _ _ _ _ _ _ _ _ _ 1138  87–859  1(2)  Amendment. (See also IRC 1954, sec. 4511(a), table 4.) 
June   23  73:81  86–50    602  87–701  108(a)  Amendment. 
23  73:81  86–50  101  601  87–701  107(a)  Do. 
23  73:81  86–50  101(g)  601  87–701  107(b)  Do. 
23  73:81  86–50  111  602  87–701  108(b)  Rescission. 
23  73:81  86–50  112  604  87–701  111(c)  Applicability. 
23  73:87  86–52  _ _ _ _ _ _ _ _ _ 679  87–728  7  Amendment. 
23  73:89  86–56  _ _ _ _ _ _ _ _ _ 447, 446  87–646  23(b), (a)  Repeal, with exception; effective date. 
23  73:89  86–56  _ _ _ _ _ _ _ _ _ 839  87–793  304(a)  Provision subsequent to repeal. 
July   31  73:267  86–121  _ _ _ _ _ _ _ _ _ 54  87–432  2  Supplemental provision. (See also 1954, P.L. 568.) 
1555

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section 76 Stat. Public law Section Comment
1959               
July   31  73:268  86–122  2(b)  447, 446  87–646  23 (b), (a)  Repeal, with exception: effective date. 
31  73:268  86–122  3(b), (c)  447, 446  87–646  23 (b), (a)  Do. 
Aug.   4  73:280  86–136  _ _ _ _ _ _ _ _ _ 439  87–642  _ _ _ _ _ _ _ _ _ Repeal. 
7  73:297  86–145  _ _ _ _ _ _ _ _ _ 500, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  73:302  86–149  101, 201  241, 242  87–554  606(3)  Exception. 
10  73:302  86–149  412(b)  55  87–436  2  Revision. 
10  73:302  86–149  413  242  87–554  609  Supplemental provision. (See also 1958, P.L. 85–685, sec. 109(a).) 
18  73:390  86–169  1, 2  447, 446  87–646  23 (b), (a)  Repeal, with exception; effective date. 
24  73:417  86–184  1, 2(b)  650  87–711  I, 2  Amendment. 
25  73:420  86–192  1(a), (d)  405  87–609  1  Amendment. (See also 1906, P.L. 129.) 
25  73:420  86–192  11  405  87–609  1  Do. 
25  73:420  86–192  12(a)–(c)  405  87–609  1, 2  Do. 
29  73:432  86–211  9(b)  208  87–544  2  Supplemental provision. 
29  73:432  86–211  9(b), (c)  245  87–556  2(a)  Exception. 
Sept.   8  73:470  86–235  _ _ _ _ _ _ _ _ _ 402  87–602  1  Amendment. (See also 1930, P.L. 361, sec. 1, par. 1202.) 
8  73:471  86–236  2(a), (b)  927  87–815  2(b)  Existing text designated as (a) ; new subsec. (b) added. 
9  73:479  86–249  8(a)–(c)  92  87–476  1–3  Subsec. (a) repealed; (b), (c) redesignated as (a), (b); new (c) added. 
14  73:555  86–272  202  55  87–435  _ _ _ _ _ _ _ _ _ Revision. 
16  73:561  86–276  1  431  87–630  1(a)  Amendment. 
16  73:561  86–276  2  431  87–630  1(b)  Revision. 
16  73:561  86–276  3  431  87–630  1(e)  Amendment. 
21  73:589  86–317  1  526  87–651  307  Repeal, with exception. 
21  73:596  86–324  1  526  87–651  307  Do. 
21  73:606  86–341  201(a)  910  87–803  _ _ _ _ _ _ _ _ _ Amendment. 
23  73:654  86–372  202(a)(4)  670  87–723  3(a)  Do. 
23  73:654  86–372  202(d)(1) (A), (B)  670  87–723  3(b)  Designation “(A)” deleted; subpar. (B) deleted. 
23  73:654  86–372  202(d)(7)  670  87–723  3(b)  Amendment. 
23  73:654  86–372  202(d)(8) (A), (B)  670  87–723  3(b)  Designation “(A)” deleted; subpar. (B) deleted. 
23  73:699  86–376  2(a)  1065  87–834  23  Supplemental provision. (See also IRC 1954, sec. 1371(c), table 4.) 
23  73:699  86–376  2(b)  1069  87–834  30  Effective date. (See also IRC 1954, sec. 1374(b), table 4.) 
1556

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section 76 Stat. Public law Section Comment
1959               
Sept.   23  73:699  86–376  2(d)  1065  87–834  23  Exception. (See also IRC 1954, sec. 1371(c), table 4.) 
1960               
Apr.   8  74:17  86–412  1  1151, 1152, 1155  87–867  1, 15  Supplemental provisions. 
May   13  74:103  86–453  _ _ _ _ _ _ _ _ _ 110  87–497  _ _ _ _ _ _ _ _ _ Amendment. (See also 1930, P.L. 361, sec. 1, par. 213.) 
June   8  74:166  86–500  101  226  87–554  105(a) (1)”(3)  Amendment. 
8  74:166  86–500  201  230  87–554  205(a)  Do. 
8  74:166  86–500  301  236  87–554  304(a)  Do. 
8  74:166  86–500  502(1)  226  87–554  105(b)  Do. 
8  74:166  86–500  502(2)  231  87–554  205(b)  Do. 
8  74:166  86–500  502(3)  236  87–554  304(b)  Do. 
8  74:166  86–500  601–607  243  87–554  704  Repeal of certain features; exceptions. 
11  74:199  86–506  _ _ _ _ _ _ _ _ _ 428  87–627  _ _ _ _ _ _ _ _ _ Revision. 
11  74:200  86–507  1(34)  1144  87–865  3  Repeal. 
11  74:200  86–507  2  447, 446  87–646  23 (b), (a)  Repeal, with exception; effective date. 
11  74:208  86–513  _ _ _ _ _ _ _ _ _ 1144  87–865  3  Repeal. 
29  74:245  86–533  1(9)  500, 502  87–649  14, 15  Repeal, with exception; effective date. 
30  74:264  86–559  8  500, 502  87–649  14, 15  Do. 
July   1  74:296  86–568  101–105  447, 446  87–646  23 (b), (a)  Repeal, with exceptions; effective date. 
1  74:296  86–568  101–105  858  87–793  719  Provision subsequent to repeal. 
7  74:362  86–607  4  1201  87–877  3  Addition. 
12  74:461  86–629  4  742  87–746    Amendment. 
12  74:469  86–635  _ _ _ _ _ _ _ _ _ 500, 502  87–649  14, 15  Repeal, with exception; effective date. 
12  74:471  86–637  _ _ _ _ _ _ _ _ _ 500, 502  87–649  14, 15  Do. 
12  74:471  86–638  _ _ _ _ _ _ _ _ _ 500, 502  87–649  14, 15  Do. 
14  74:479  86–644  _ _ _ _ _ _ _ _ _ 447, 446  87–646  23 (b), (a)  Do. 
14  74:479  86–644  _ _ _ _ _ _ _ _ _ 840  87–793  304(a)  Provision subsequent to repeal. 
14  74:480  86–645  203  1193  87–874  203  Modification of project. 
14  74:480  86–645  207  1196  87–874  208  Revision. 
14  74:504  86–648  2(a)  124  87–510  6, 5(b)  Partial repeal, with exceptions. 
14  74:508  86–650  _ _ _ _ _ _ _ _ _ 757, 759  87–759  6, 7  Revision. 
14  74:527  86–661  1(2)  148  87–528  8(b)  Supplemental provision. 
14  74:553  86–673  _ _ _ _ _ _ _ _ _ 447, 446  87–646  23 (b), (a)  Repeal, with exception; effective date. 
14  74:554  86–676  _ _ _ _ _ _ _ _ _ 447, 446  87–646  23 (b), (a)  Do. 
1557

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section 76 Stat. Public law Section Comment
1960               
Sept.   2  74:578  86–682  12(c)  446  87–646  20, 23(a)  Amendment; effective date. 
8  74:821  86–722  _ _ _ _ _ _ _ _ _ 1219  87–880  _ _ _ _ _ _ _ _ _ Exception. 
8  74:868  86–734  1  1243  87–882  4, 5  Repeal; effective date. (See 1958, P.L. 85–584.) 
8  74:869  86–735  4  263  87–565  401  Exception. 
13  74:913  86–773  2  1235  87–881  102, 103  Repeal; effective date. (See 1955, P.L. 243.) 
14  74:1023  86–785  5(a), (b)  927  87–815  2(b)  Existing text designated as (a); new subsec. (b) added. 
15  74:1031  86–794  5  766  87–767  2  Repeal. 
1961               
May   1  75:47  87–27  24(d)  849, 850  87–793  607(a), 610  Repeal; effective date. 
8  75:75  87–31  6  196, 208  87–543  132(d), 202(b)  Repeal; effective date. (See 1935, P.L. 271, sec. 1108.) 
June   21  75:94  87–53  _ _ _ _ _ _ _ _ _ 55  87–436  1  Supplemental provision. 
27  75:96  87–57  201  231  87–554  206(a)  Amendment. 
27  75:96  87–57  602(2)  231  87–554  206(b)  Do. 
27  75:96  87–57  606  241  87–554  606(3)  Exception. 
27  75:96  87–57  701(1)  244  87–554  705(a)  Amendment. 
27  75:96  87–57  704(1)  244  87–554  705(b)  Do. 
30  75:131  87–64  303(d)  196, 208  87–543  132(d), 202(b)  Repeal; effective date. (See 1935, P.L. 271, sec. 1108.) 
30  75:131  87–64  303(e)  196  87–543  132(e)  Amendment. (See also 1935, P.L. 271, sec. 3(a)(1), (2).) 
30  75:131  87–64  303(e)  196  87–543  132(e)  Amendment. (See also 1935, P.L. 271, sec. 1003(a) (1), (2).) 
30  75:131  87–64  303(e)  196  87–543  132(e)  Amendment. (See also 1935, P.L. 271, sec. 1403(a) (1), (2).) 
30  75:148  87–69  _ _ _ _ _ _ _ _ _ 23  87–414  _ _ _ _ _ _ _ _ _ Supplemental provision. (See also 1917, P.L. 43, sec. 21.) 
July   21  75:216  87–98  1  384  87–584  5(a) (i)  Amendment. 
21  75:216  87–98  1(a), (b)  384  87–584  5(c)  Supplemental provision. 
21  75:216  87–98  1(c)  384  87–584  5(a)(2), (iv)  Amendment. 
21  75:216  87–98  1(c)  384  87–584  5(c)  Supplemental provision. 
21  75:216  87–98  1(c)(8)  384  87–584  5(a) (iii)  Amendment. 
21  75:216  87–98  l(c)(12)  384  87–584  5(a) (iii)  Addition. 
21  75:216  87–98  2  384  87–584  5(b)  Amendment. 
21  75:216  87–98  3  384  87–584  5(c)  Supplemental provision. 
25  75:219  87–103  1  500, 502  87–649  14, 15  Partial repeal, with exception; effective date. 
26  75:225  87–112  _ _ _ _ _ _ _ _ _ 125  87–513  101(b)  Supplemental provision. 
1558

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section 76 Stat. Public law Section Comment
1961               
  75:268  87–125  _ _ _ _ _ _ _ _ _ 1091  87–843  _ _ _ _ _ _ _ _ _ Amendment. 
8  75:294  87–128  124  631  87–703  327  Supplemental provision. 
8  75:294  87–128  124(a)(2)  70  87–451  1  Amendment. 
8  75:294  87–128  124(b)(1)  70  87–451  2  Do. 
8  75:294  87–128  124(b)(4)  70  87–451  3  Addition. 
8  75:294  87–128  124(h)  19  87–410  _ _ _ _ _ _ _ _ _ Amendment. 
8  75:294  87–128  303  631  87–703  401(1)  Do. 
8  75:294  87–128  306(a)  632  87–703  401(2)  Do. 
8  75:294  87–128  308  671  87–723  4(b)  Applicability. 
8  75:294  87–128  308  908  87–798  _ _ _ _ _ _ _ _ _ Amendment. 
8  75:294  87–128  309  671  87–723  4(b)  Applicability. 
8  75:294  87–128  309(f)(1)  632  87–703  401(3)  Amendment. 
8  75:294  87–128  311–316  209  87–545  _ _ _ _ _ _ _ _ _ Supplemental provision. 
8  75:294  87–128  312  632  87–703  401(4)  Amendment. 
8  75:294  87–128  321(b)  958  87–832  _ _ _ _ _ _ _ _ _ Do. 
8  75:294  87–128  335(a)  209  87–545  _ _ _ _ _ _ _ _ _ Supplemental provision. 
8  75:294  87–128  343  632  87–703  401(5)  Addition. 
17  75:341  87–140  _ _ _ _ _ _ _ _ _ 500, 502  87–649  14, 15  Repeal, with exception; effective date. 
17  75:342  87–141  _ _ _ _ _ _ _ _ _ 125  87–513  101(b)  Supplemental provision. 
17  75:382  87–145  _ _ _ _ _ _ _ _ _ 500, 502  87–649  14, 15  Repeal, with exception; effective date. 
17  75:384  87–147  _ _ _ _ _ _ _ _ _ 740  87–742  _ _ _ _ _ _ _ _ _ Supplemental provision. (See also 1922, P.L. 165, sec. 3.) 
25  75:401  87–164  _ _ _ _ _ _ _ _ _ 500, 502  87–649  14, 15  Repeal, with exception; effective date. 
30  75:416  87–188  _ _ _ _ _ _ _ _ _ 500, 502  87–649  14, 15  Do. 
Sept.   4  75:424  87–195  _ _ _ _ _ _ _ _ _ 122  87–510  2(c)  Supplemental provision. 
4  75:424  87–195  _ _ _ _ _ _ _ _ _ 1163, 1164  87–872  _ _ _ _ _ _ _ _ _ Supplemental provisions. 
4  75:424  87–195  102  255  87–565  101(a)–(c)  Amendment. 
4  75:424  87–195  201(d)  258  87–565  106  Applicability. 
4  75:424  87–195  201(e)  256  87–565  102  Addition. 
4  75:424  87–195  202 (b), (c)  258  87–565  106  Applicability. 
4  75:424  87–195  203  258  87–565  106  Exception. 
4  75:424  87–195  204  258  87–565  106  Applicability. 
4  75:424  87–195  211(c)  256  87–565  103(a)  Addition. 
4  75:424  87–195  212  256  87–565  103(b)  Amendment. 
4  75:424  87–195  213  256  87–565  103(c)  Deletion. 
4  75:424  87–195  214(b)  261  87–565  301(d)(3)  Exception. 
4  75:424  87–195  214(b)  1166  87–872  109  Do. 
4  75:424  87–195  221(b)(1), (2)  256  87–565  104(a)(1)–(3)  Amendment. 
4  75:424  87–195  222(d)  257  87–565  104(b)(1)  Do. 
4  75:424  87–195  222(f)  257  87–565  104(b)(2), (c)(2)  Addition; applicability. 
4  75:424  87–195  224(b), (c)  257  87–565  104(c)  Amendment. 
4  75:424  87–195  232  257  87–565  105  Do. 
4  75:424  87–195  241  1166  87–872  113  Appropriation limitation. 
4  75:424  87–195  251–253  257  87–565  106  Addition. 
4  75:424  87–195  302  259  87–565  107  Amendment. 
4  75:424  87–195  402  259  87–565  108  Do. 
4  75:424  87–195  451  260  87–565  301(a)  Restriction. 
1559

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section 76 Stat. Public law Section Comment
1961               
Sept.   4  75:424  87–195  451(a)  124  87–510  7  Supplemental provision. 
4  75:424  87–195  451(a), (b)  259  87–565  109  Amendment. 
4  75:424  87–195  461  259  87–565  110  Do. 
4  75:424  87–195  506(c), (d)  259  87–565  201(a)  Addition. 
4  75:424  87–195  507(a), (b)  259  87–565  201(b), (c)  Amendment. 
4  75:424  87–195  510  260  87–565  301(a)  Restriction. 
4  75:424  87–195  510(a)  260  87–565  201(d)  Amendment. 
4  75:424  87–195  610  258, 260  87–565  106, 301(a)  Applicability; restriction. 
4  75:424  87–195  610(a),(b)  260  87–565  301(a)  Existing text designated as (a); new subsec. (b) added. 
4  75:424  87–195  611(a)  260  87–565  301(b)  Amendment. 
4  75:424  87–195  614  260  87–565  301(a)  Restriction. 
4  75:424  87–195  614(a)  258  87–565  106  Exception. 
4  75:424  87–195  618  260  87–565  301(c)  Deletion; new sec. 618 added. 
4  75:424  87–195  620(a)  260  87–565  301(d)(1)  Amendment. 
4  75:424  87–195  620(c)  260  87–565  301(d)(2)  Revision. 
4  75:424  87–195  620(e)–(g)  260  87–565  301(d)(3)  Addition. 
4  75:424  87–195  621(a)–(e)  262  87–565  302(a)  Designation “(a)” deleted; subsecs. (b)–(e) deleted. 
4  75:424  87–195  624(d), (e)  262  87–565  302(b)  Subsec. (d) deleted; (e) redesignated as (d). 
4  75:424  87–195  624(d)(2)(A)  262  87–565  302(b)  Redesignated subsec. (d) amended. 
4  75:424  87–195  624(d) (5), (7)  262  87–565  302(b)  Do. 
4  75:424  87–195  625(b)  262  87–565  302(c)(1)  Amendment. 
4  75:424  87–195  625(b), (c)  865, 868  87–793  1001 (k), 1008  Amendment; effective date. 
4  75:424  87–195  625(d)(2)  262  87–565  302(c)(2)  Amendment. 
4  75:424  87–195  625(f)  262  87–565  302(c)(3)  Revision. 
4  75:424  87–195  629(b)  262  87–565  302(d)  Amendment. 
4  75:424  87–195  634(a), (d)  262  87–565  302(e), (f)  Do. 
4  75:424  87–195  635(h)  262  87–565  302(g)  Do. 
4  75:424  87–195  637(a), (b)  262  87–565  302(h)  Do. 
4  75:424  87–195  643(d)  263  87–565  303(a)  Deletion. 
4  75:424  87–195  644(m)(2), (3)  263  87–565  303(b)  Amendment. 
4  75:424  87–195  645  263  87–565  303(c)  Do. 
4  75:424  87–195  701–710  263  87–565  401  Repeal, with exception. 
14  75:500  87–231  7  585  87–687  _ _ _ _ _ _ _ _ _ Amendment. 
14  75:506  87–233  3  500, 502  87–649  14, 15  Repeal, with exception; effective date. 
21  75:527  87–256  _ _ _ _ _ _ _ _ _ 210  87–545  _ _ _ _ _ _ _ _ _ Supplemental provision. 
21  75:527  87–256  102(a)(3)  263  87–565  403  Amendment; exception. 
21  75:527  87–256  104(b)  865, 868  87–793  1001(j), 1008  Revision; effective date. 
21  75:527  87–256  105(f)  1090  87–843  _ _ _ _ _ _ _ _ _ Applicability. 
21  75:527  87–256  108(c)  1090  87–843  _ _ _ _ _ _ _ _ _ Do. 
21  75:545  87–264  _ _ _ _ _ _ _ _ _ 126  87–513  101(b)  Supplemental provision. 
22  75:612  87–293  3(b)  62  87–442  _ _ _ _ _ _ _ _ _ Amendment. 
22  75:612  87–293  7(b)  865, 868  87–793  1001(1), 1008  Amendment; effective date. 
26  75:658  87–302  _ _ _ _ _ _ _ _ _ 126  87–513  101(b)  Supplemental provision. 
1560

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section 76 Stat. Public law Section Comment
1961               
Sept.   26  75:662  87–304  9(b)  500, 502  87–649  14, 15  Repeal, with exception; effective date. 
26  75:676  87–315  101  602  87–701  107(c)  Amendment. 
27  75:688  87–328  _ _ _ _ _ _ _ _ _ 211  87–545  _ _ _ _ _ _ _ _ _ Supplemental provision. 
27  75:688  87–328  _ _ _ _ _ _ _ _ _ 568  87–678  3  Exception. 
30  75:717  87–329  _ _ _ _ _ _ _ _ _ 125  87–513  101(b)  Supplemental provision. 
30  75:722  87–330  _ _ _ _ _ _ _ _ _ 126  87–513  101(b)  Do. 
30  75:722  87–330  _ _ _ _ _ _ _ _ _ 1227  87–880  _ _ _ _ _ _ _ _ _ Do. 
30  75:733  87–332  _ _ _ _ _ _ _ _ _ 776  87–775  _ _ _ _ _ _ _ _ _ Do. 
Oct.   3  75:766  87–347  _ _ _ _ _ _ _ _ _ 214  87–545  _ _ _ _ _ _ _ _ _ Do. 
4  75:785  87–367  202, “Sec. 1(g)”  863, 838  87–793  1001(a), 1008  Addition; effective date. 
4  75:785  87–367  202, “Sec. 2(a)”  863  87–793  1001 (a)  Nonapplicability. 
4  75:785  87–367  202, “Sec. 2(b)”  863, 868  87–793  1001(a), 1008  Revision; effective date. 
4  75:785  87–367  204  864  87–793  1001(c)  Supplemental provision. (See also 1959, P.L. 86–36, see. 4.) 
4  75:804  87–374  _ _ _ _ _ _ _ _ _ 500, 502  87–649  14, 15  Repeal, with exception; effective date. 
4  75:805  87–376  1  1118  87–848  2  Amendment. 
1962               
Mar.   16  76:23  87–415  203(h) (1), (2)  679  87–729  _ _ _ _ _ _ _ _ _ Existing text designated as (1); new par. (2) added; effective date. 
Apr.   4  76:53  87–432  1  214  87–545  _ _ _ _ _ _ _ _ _ Supplemental provision. 
May   24  76:72  87–456  102(1)  882  87–794  257(g)  Amendment. 
24  76:72  87–456  203  882  87–794  257(g)  Revision. 
24  76:72  87–456  401(a)  879  87–794  251  Exception. 
July   1  76:125  87–513  102(c)  254  87–564  _ _ _ _ _ _ _ _ _ Amendment. 
  76:125  87–513  102(c)  427  87–625  _ _ _ _ _ _ _ _ _ Supplemental provision. 
1  76:125  87–513  102(c)  672  87–724  _ _ _ _ _ _ _ _ _ Do. 
13  76:156  87–535  _ _ _ _ _ _ _ _ _ 170  87–539  2(f)  Do. 
27  76:223  87–554  101–105  240  87–554  603  Do. 
27  76:223  87–554  201–207  240  87–554  603  Do. 
27  76:223  87–554  301–304  240  87–554  603  Do. 
27  76:223  87–554  401  240  87–554  603  Do. 
31  76:254  87–564  _ _ _ _ _ _ _ _ _ 427  87–625  _ _ _ _ _ _ _ _ _ Amendment. (See also 1962, P.L. 87–513, sec. 102(c).) 
31  76:254  87–564  _ _ _ _ _ _ _ _ _ 672  87–724  _ _ _ _ _ _ _ _ _ Supplemental provision. (See also 1962, P.L. 87–513, sec. 102(c).) 
Aug.   6  76:310  87–575  _ _ _ _ _ _ _ _ _ 125  87–513  101(a)(1)  Supplemental provision. 
9  76:318  87–577  _ _ _ _ _ _ _ _ _ 125  87–513  101(a)(1)  Do. 
9  76:335  87–578  _ _ _ _ _ _ _ _ _ 125  87–513  101(a)(1)  Do. 
14  76:361  87–582  _ _ _ _ _ _ _ _ _ 125  87–513  101(a)(1)  Do. 
1561

Table 1.—General Legislation—Continued
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section 76 Stat. Public law Section Comment
1962               
Aug.   31  76:427  87–625  _ _ _ _ _ _ _ _ _ 672  87–724  _ _ _ _ _ _ _ _ _ Amendment. (See also 1962, P.L. 87–564 and P.L. 87–513, sec. 
Sept.   27  76:605  87–703  307  618  87–703  308 (a), (b)  Restriction. 
27  76:605  87–703  307  631  87–703  327  Supplemental provision. 
27  76:605  87–703  309  909  87–801  _ _ _ _ _ _ _ _ _ Amendment. (See also 1941, P.L. 74, sec. 1(7).) 
Oct.   2  76:680  87–730  _ _ _ _ _ _ _ _ _ 125  87–513  101(a)(1)  Supplemental provision. 
11  76:832  87–793  _ _ _ _ _ _ _ _ _ 868  87–793  1006   
11  76:832  87–793  711(c)  856  87–793  713  Applicability. 
11  76:832  87–793  712(2)  856  87–793  713  Do. 
11  76:832  87–793  1005  867, 868  87–793  1005(i), 1009  Exceptions. 
11  76:872  87–794  201–258  879  87–794  251  Exception. 
11  76:872  87–794  201(a)  877  87–794  232  Restriction. 
11  76:872  87–794  201(b)(1)  872–874  87–794  202, 211–213  Nonapplicability. 
11  76:872  87–794  201(b)(1)  874  87–794  211(e)  Applicability. 
11  76:872  87–794  201(b)(1)  880  87–794  254  Exception. 
11  76:872  87–794  253  880  87–794  253, 254  Do. 
11  76:872  87–794  254  880  87–794  253  Do. 
11  76:872  87–794  257(e)(3)  885  87–794  301(g)  Do. 
11  76:872  87–794  313  891  87–794  318  Restriction. 
11  76:872  87–794  314–316  221  87–550  2(b)  Applicability. 
11  76:872  87–794  314  891  87–794  318 (c), (d)  Restriction. 
11  76:872  87–794  317  891  87–794  318  Do. 
11  76:872  87–794  318–320  221  87–550  2(b)  Applicability. 
11  76:872  87–794  351(a)(1)  901  87–794  352  Exception. 
11  76:872  87–794  351(a) (2)”(4)  901  87–794  352  Applicability. 
18  76:1080  87–843  _ _ _ _ _ _ _ _ _ 1094  87–843  _ _ _ _ _ _ _ _ _ Exception. 
23  76:1150  87–867  _ _ _ _ _ _ _ _ _ 125  87–513  101(a)(1)  Supplemental provision. 
               

Table 2.—Revised Statutes
Affected section Amendatory provisions
76 Stat. Public law Section Comment
         
190  29  87–415  205(e)(1)  Exception. 
190  40  87–420  16(a)  Do. 
190  57  87–437  3  Do. 
190  191  87–543  121  Do. 
190  386  87–586  1(d)  Do. 
190  719  87–741  101  Do. 
190  757  87–759  6  Do. 
190  901  87–794  361(c)  Do. 
190  1126  87–849  3, 4  Repeal; effective date. 
251  953  87–826  3, 4  Partial repeal, with exception; effective date. 
263  953  87–826  3, 4  Repeal, with exception; effective date. 
265  953  87–826  3, 4  Do. 
1562

Table 2.—Revised Statutes—Continued
Affected section Amendatory provisions
76 Stat. Public law Section Comment
         
336–339  953  87–826  3,4  Repeal, with exception; effective date. 
341  953  87–826  3, 4  Do. 
344  155  87–534  3(a)  Repeal. 
355  240, 243  87–554  601, 703  Exception. 
355  324–326  87–577  _ _ _ _ _ _ _ _ _ _ _ Do. 
355  1105  87–843  _ _ _ _ _ _ _ _ _ _ _ Do. 
355  1167  87–872  _ _ _ _ _ _ _ _ _ _ _ Do. 
367  892  87–794  320  Applicability. 
457  246  87–558  1,2  Repeal, with exception; supplemental provision. 
473  246  87–558  1,2  Do. 
501  353  87–579  2  Revision ; exception. 
502  353  87–579  3  Revision. 
1189  498, 502  87–649  14, 15  Repeal, with exception; effective date. 
1288  498, 502  87–649  14, 15  Do. 
1574, 1575  498, 502  87–649  14, 15  Do. 
2414  246  87–558  1,2  Repeal, with exceptions; supplemental provisions. 
2415–2440  246  87–558  1,2  Repeal, with exception; supplemental provision. 
2441  246  87–558  1,2  Repeal, with exception; supplemental provisions. 
2442, 2443  246  87–558  1, 2  Repeal, with exception; supplemental provision. 
2444  246  87–558  1. 2  Repeal, with exception; supplemental provisions. 
2445, 2446  246  87–558  1, 2  Repeal, with exception; supplemental provision. 
2951  78  87–456  303(c), 501(a)  Repeal; effective date. 
3495  155  87–534  1  Revision. 
3496  156  87–534  3(m)  Supplemental provision. 
3497–3500  155  87–534  3(b)–(e)  Repeal. 
3502  155  87–534  3(f)  Do. 
3504  155  87–534  3(g)  Do. 
3515  440  87–643  1  Amendment. 
3542  155  87–534  2  Supplemental provision. 
3552  440  87–643  2  Amendment. 
3556, 3557  155, 156  87–534  3(h), (i)  Repeal. 
3558.  155, 156  87–534  2, 3(m)  Revision; supplemental provision. 
3559–3561  156  87–534  3(j)–(l)  Repeal. 
3617  1224  87–880  _ _ _ _ _ _ _ _ _ _ _ Exception. 
3648  240, 243  87–554  601, 703  Do. 
3648  321  87–577  _ _ _ _ _ _ _ _ _ _ _ Do. 
3648  721, 722  87–741  101  Do. 
3648  1084, 1103  87–843  _ _ _ _ _ _ _ _ _ _ _ Do. 
3648  1167  87–872    Do. 
3651  123  87–510  5(a)(3)  Do. 
3678  510  87–651  111(a)  Do. 
3679  1104  87–843  _ _ _ _ _ _ _ _ _ _ _ Do. 
3679(c)  316  87–575  _ _ _ _ _ _ _ _ _ _ _ Do. 
3679(c)  330  87–577  512  Exception, with condition. 
3679(c)  732  87–741  _ _ _ _ _ _ _ _ _ _ _ Exception. 
3679(d)(2)  126  87–513  103  Do. 
37091  665  87–719  16  Exception ; compliance provision. 
3709  689, 690  87–730  _ _ _ _ _ _ _ _ _ _ _ Exception. 
3709  718  87–741  101  Do. 
3709  752  87–758  2(b)  Do. 
3709  902  87–794  401  Do. 
3709  1082  87–843  _ _ _ _ _ _ _ _ _ _ _ Do. 
3709  1090, 1098  87–843  _ _ _ _ _ _ _ _ _ _ _ Do. 
3734  240, 243  87–554  601, 703  Do. 
3735  1090  87–843  _ _ _ _ _ _ _ _ _ _ _ Do. 
1563

Table 2.—Revised Statutes—Continued
Affected section Amendatory provisions
76 Stat. Public law Section Comment
         
3812  953  87–826  3, 4  Repeal, with exception; effective date. 
3828  1090  87–843  _ _ _ _ _ _ _ _ _ _ Exception. 
4197–4200  953  87–826  3  Supplemental provision. 
4200  953  87–826  3, 4  Repeal, with exception; effective date. 
4311  926  87–814  6  Exception. 
5155(b)  667  87–721  _ _ _ _ _ _ _ _ _ _ Revision. 
5200(12)  672  87–723  4(c)  Amendment. 
5581  53  87–430  _ _ _ _ _ _ _ _ _ _ Supplemental provision. 
5581  53  87–431  _ _ _ _ _ _ _ _ _ _ Do. 
5581  128  87–517  _ _ _ _ _ _ _ _ _ _ Do. 
D. C.         
413(d)  591  87–691  3  Repeal of amendment. 
413(e)  589  87–691  1  Addition. 
416  589  87–691  2  Revision. 
417  591  87–691  4  Do. 
         

Table 3.—Internal Revenue Code of 1939
Affected section Amendatory provisions
76 Stat. Public law Section Comment
         
1 et seq  1160  87–870  2(b)  Inclusion of provisions relating to terminal railroad corporations. 
188 (a), (b)  1067  87–834  26  Existing text designated as (a) ; heading added; new subsec. (b) added; effective date. 
2000(c)(2)  114  87–508  3(b)  Supplemental provision. 
2800(a)  114  87–508  3(b)  Do. 
3030(a)  114  87–508  3(b)  Do. 
3150(a)  114  87–508  3(b)  Do. 
3350  78  87–456  303(c)  (See IRC 1954, sec. 7652, table 4.) 
3360  78  87–456  303(c)  Do. 
3760, 3761  1067  87–834  26  Exception. 
3760, 3761  1159, 1160  87–870  1  Do. 
         

Table 4.—Internal Revenue Code of 1954
Affected section Amendatory provisions
76 Stat. Public law Section Comment
         
1 et seq  943  87–821  2(c)  Exception. 
1–1552  1033  87–834  13(a)  Do. 
11..  1046  87–834  17(a)  Applicability. 
11(b)  114  87–508  2  Amendment. 
11(c)  1023  87–834  12(a)  Limitation. 
31  825  87–792  4(b)  Exception. 
37(c)(1)(A)  828, 831  87–792  7, 8  Deleted; new subpar. (A) added ; effective date. 
37(c)(1)(E)  828, 831  87–792  7, 8  Addition; effective date. 
37(d)  1199  87–876  1, 2  Revision; effective date. 
38, 39  962, 973  87–834  2(a), (h)  Sec. 38 redesignated as 39; new 38 added; effective date. 
38  963  87–834  2(b)  Limitation. 
46–48  963, 973  87–834  2 (b), (h)  Addition’effective date. 
62(7)  828, 831  87–792  7(b), 8  Do. 
631  ’ 825  87–792  4(b)  Exception. 
72  827  87–792  5(a)  Nonapplicability. 
72(d)(2)  821,831  87–792  4(a), 8  Revision; effective date. 
1564

Table 4.—Internal Revenue Code of 1954—Continued
Affected section Amendatory provisions
76 Stat. Public law Section Comment
         
72(f)  1005, 1006  87–834  11(b), (c)  Amendment; effective date. 
72(m)–(o)  821, 831  87–792  4(b), 8  Subsec. (m) redesignated as (o); new (m), (n) added; effective date. 
78  1001  87–834  9(b), (e)  Addition; effective date. 
101(b)(2)(B)(ii)  829, 831  87–792  7(c), 8  Deletion; new clause (ii) added; effective date. 
101(b)(3)  829, 831  87–792  7(c), 8  Addition; effective date. 
104(a)  829, 831  87–792  7(d), 8  Amendment; effective date. 
105(g)  829, 831  87–792  7(e), 8  Addition; effective date. 
151  1004  87–834  11(a)  Exception. 
162  974, 975  87–834  4(a)  Restriction. 
162(a)(2)  976, 977  87–834  4(b), (c)  Amendment; effective date. 
162(e), (f)  973  87–834  3  Subsec. (e) redesignated as (f) ; new (e) added; effective date. 
164  1022  87–834  12(a)  Restriction. 
165(a)  51  87–426  2  Exception. 
165 (h), (i)  51  87–426  2  Subsec. (h) redesignated as (i); new’ (h) added; effective date. 
167(e)  1034, 1035  87–834  13(b), (g)  Revision; effective date. 
167(f)–(i)  1034, 1035  87–834  13(c), (g)  Subsecs, (f)–(h) redesignated as (g)–(i) ; new (f) added; effective date. 
170  1068  87–834  29  Supplemental provision. 
170(b)(1) (A) (iv)  1134  87–858  2  Addition ; effective date. 
170(b)(1)(B)  1134  87–858  2  Amendment; effective date. 
170(e)–(g)  1034, 1035  87–834  13 (d), (g)  Subsecs, (e), (f) redesignated as (f), (g) ; new (e) added; effective date. 
172  992, 1038  87–834  8(c), 14(a)  Exception. 
172(b)  648, 649  87–710  1 (a). 2  Revision; effective date. 
172(b)  889  87–794  317(b)  Do. 
172(d)(4)(D)  829, 831  87–792  7(f), 8  Addition; effective date. 
172(j), (k)  .649  87–710  1(b), 2  Subsec. (j) redesignated as (k); new (j) added; effective date. 
179(d) (5), (8)  1034, 1035  87–834  13 (c), (g)  Amendment; effective date. 
181  971, 973  87–834  2 (c), (h)  Addition; effective date. 
182  1063, 1064  87–834  21 (a), (d)  Do. 
212  974, 975  87–834  4(a)  Restriction. 
213(e), (g)  1141  87–863  1  Amendment; effective date. 
216(c)  1068  87–834  28  Addition; effective date. 
241–248  1038  87–834  14(a)  Exception. 
245  1001  87–834  9(b)  Do. 
245 (a), (b)  977  87–834  5 (o), (d)  Existing text designated as (a); heading added; new subsec. (b) added; effective date. 
263(a)(1)(E)  1064  87–834  21 (b), (d)  Addition; effective date. 
263(c) 274  1142 974, 977  87–863 87–834  3 4 (a), (c)  Applicability. Addition; effective date. 
281  1158, 1160  87–870  1, 2(a)  Do. 
281  1160  87–870  2(b)  Inclusion of similar provisions in IRC of 1939. 
301  4  87–403  1(a)  Exception. 
301(b)  1035  87–834  13 (f), (g)  Amendment; effective date. 
301(b)(1)  5  87–403  2(a)  Exception. 
301(b)(1)(B)  977  87–834  5(a)  Do. 
301(b)(1)(C)  977  87–834  5 (a), (d)  Addition; effective date. 
301(d)  5  87–403  2(a)  Exception. 
301(d)  1035  87–834  13(f), (g)  Amendment ; effective date. 
301(d)(3)  977  87–834  5 (b), (d)  Addition; effective date. 
1565

Table 4.—Internal Revenue Code of 1954—Continued
Affected section Amendatory provisions
76 Stat. Public law Section Comment
         
301 (f), (g)  5,6  87–403  2 (a), (b)  Subsec. (f) redesignated as (g); new (f) added; effective date. 
312  4  87–403  1(a)  Exception. 
312(c)(3)  1035  87–834  13 (f), (g)  Amendment: effective date. 
312(k)  6, 8  87–403  3 (a), (g)  Addition; effective date. 
312(1)  1040, 1041  87–834  14 (b), (c)  Do. 
316  4  87–403  1(a)  Exception. 
318(a)  1061  87–834  20(a)  Applicability. 
318(a)(2) (A), (B)  1061  87–834  20(a)  Exception. 
318(a)(2)(C) (i), (ii)  1061  87–834  20(a)  Do. 
318(b)(7)  1063  87–834  20(d)  Addition. 
341(e) (12)  1035  87–834  13 (f), (g)  Addition; effective date. 
381(c) (23)  971, 973  87–834  2 (d), (h)  Do. 
401(a)  1067  87–834  ’ 25  Supplemental provision. 
401(a)(2)  1141  87–863  2(a)  Exception. 
401(a)(5)  809, 831  87–792  2, 8  Amendment ; effective date. 
401(a) (7)–(10)  809, 831  87–792  2, 8  Addition; effective date. 
401 (c)–(h)  811,831  87–792  2, 8  Subsec. (c) redesignated as (h); new (c)–(g) added; effective date. 
401(e)  816  87–792  2  Exception. 
401(h), (i)  1141, 1142  87–863  2(a), (c)  Subsec. (h) redesignated as (i); new (h) added; effective date. 
402(a)(2).  825, 831  87–792  4(c), 8  Amendment; effective date. 
402(a)(2)  827  87–792  5(a)  Nonapplicability. 
403(a)(2)(A)  826, 831  87–792  4(d)(2); 8  Amendment.; effective date. 
403(a) (2) (A) (i)  825, 831  87–792  4(d); 8  Do. 
403(a)(3)  826, 831  87–792  4(d)(3), 8  Addition; effective date. 
404  ’ 820  87–792  ’ 3(a)  Exception. 
404(a)(2)  819, 831  87–792  3, 8  Amendment; effective date. 
404(a)(2)  1141, 1142  87–863  2(b), (c)  Do. 
404(a) (8)–(10)  819, 831  87–792  3, 8  Addition; effective date. 
404(a)(16)  810, 814, 816, 818  87–792  2  Exception. 
404(e), (f)  820, 831  87–792  3(b), 8  Addition; effective date. 
405  826; 831  87–792  5(a) ; 8  Do. 
453(d)(4)(A), (B)  1035  87–834  13(f), (g)  Amendment ; effective date. 
461(e)  1199  87–876  3  Addition; effective date. 
501(a)  1067  87–834  25  Supplemental provision. 
501(c)(15)  997, 999  87–834  8(d), (h)  Amendment; effective dale. 
503(j)  827, 831  87–792  6, 8  Addition; effective date. 
521(a)  1051  87–834  17(b), (c)  Amendment; effective date. 
5221  1051  87–834  17(b); (c)  Repeal ; effective date. 
535(b)(1)  1001  87–834  9(d), (e)  Amendment; effective date. 
535(b)(9), (10)  6, 8  87–403  3(b), (g)  Addition; effective date. 
542(c)(7)  766  87–768  _ _ _ _ _ _ _ _ _ _ _ Revision; effective date. 
543(a)(1)  6, 8  87–403  3 (c), (g)  Amendment: nonapplieability ; effective date. 
543(d)  6, 8  87–403  3 (c), (g)  Addition; effective date. 
545(b)(1)  1001  87–834  9 (d), (e)  Amendment; effective date. 
545(b)(10), (11)  7, 8  87–403  3 (d), (g)  Addition; effective date. 
556(b)(7), (8)  7, 8  87–403  3 (e), (g)  Do. 
561(b)  8  87–403  3 (f), (g)  Revision; effective date. 
562, 563  8  87–403  ’ 3(f)  Applicability. 
5811  670  87–722  5  Amendment. 
584(a)(2)  670  87–722  4  Do. 
591  984  87–834  6(f)  Do. 
593  977, 984  87–834  6(a), (g)(1)  Revision; effective date. 
593(b)  979  87–834  6(a)  Exception. 
593(f) 595  984 982, 985  87–834 87–834  6(g) 6(b), (g)(2)  Applicability. Addition; effective date. 
613(a)  1034, 1035  87–834  13(e), (g)  Amendment; effective date. 
1566

Table 4.—Internal Revenue Code of 1954—Continued
Affected section Amendatory provisions
76 Stat. Public law Section Comment
         
642(e)  1034, 1035  87–834  13 (c), (g)  Amendment; effective date. 
643(a) (6)  985, 989  87–834  7 (a), (j)  Revision; effective date. 
643(d)  985, 989  87–834  7 (a); (j)  Addition; effective date. 
665(b)  985, 989  87–834  7 (b), (j)  Amendment; effective date. 
665(c)–(e)  986, 989  87–834  7 (b), (j)  Subsecs, (c), (d) redesignated as (d), (e); new (c) added; effective date. 
666  986  87–834  7(b)  Exception. 
666(a)  986, 989  87–834  7 (c), (j)  Amendment; effective date. 
668(a)  986; 987, 989  87–834  7 (d), (e), (j)  Amendment; exception; effective date. 
669  986, 989  87–834  7 (e), (d), (j)  Addition; exception; effective date. 
751(c)  1035  87–834  13 (f), (g)  Amendment ; effective date. 
751(d)(2)(C), (D)  1041  87–834  14 (b), (c)  Subpar. (C) deleted; new (C), (D) added; effective date. 
801(g)  1134, 1138  87–858  3 (a), (f)  Revision; effective date. 
802(a)(2)  1136, 1138  87–858  3 (b), (f)  Do. 
804(a)(2)  1137, 1138  87–858  3 (b), (f)  Amendment; effective date. 
805(d)(1) (B), (C)  829, 831  87–792  7 (g), (8)  Do. 
809(b)(1)(B), (C)  1137, 1138  87–858  3 (b), (f)  Subpar. (B) redesignated as (C); new (B) added; effective date. 
809(b)(2)(B), (C)  1137, 1138  87–858  3 (b), (f)  Do. 
809(d) (4)–(6)  1009  87–834  12(a)  Nonapplicability. 
809(d)(5)  808  87–790  3(a)  Exception. 
809(d)(6)  808, 809  87–790  3 (a), (0)  Amendment ; effective date. 
809(d) (10)  1009  87–834  12 (a)  Nonapplicability. 
809(f)(1)  1137  87–858  3 (c)  Applicability. 
809(f)(2)  1137, 1138  87–858  3 (0), (f)  Revision; effective date. 
812(e)(2)(B)  1137  87–858  3(d)  Amendment; effective date. 
815(a)  1137, 1138  87–858  3 (e), (f)  Do. 
815(c)(2)(C)  808, 809  87–790  3 (b), (c)  Do. 
815(c)(3)(B)  1137, 1138  87–858  3 (b), (f)  Do. 
817(b)  1009  87–834  12(a)  Nonapplicability. 
8212  989, 999  87–834  8 (a), (h)  Revision ; effective date. 
821(a)(1)(A)  114  87–508  2  Amendment. 
821(a)(2)  997  87–834  8(c)  Exception. 
821(b)(1)  114  87–508  2  Amendment. 
822(a)  991, 999  87–834  8 (b), (h)  Revision; heading amended; effective date. 
822(c)  992, 999  87–834  8 (b), (h)  Amendment; effective date. 
822(c)(7)  992, 999  87–834  8 (b), (h)  Do. 
822(e)  992; 999  87–834  8 (b), (h)  Do. 
822(f)  992, 999  87–834  8 (b), (h)  Former sec. 823 redesignated as 822(f) ; effective date. 
823  992, 999  87–834  8 (b), (c), (h)  former sec. 823 redesignated as 822(f); new 823 added; effective date. 
824–826  993, 996, 999  87–834  8 (c), (h)  Addition; effective date. 
831(a)  997, 999  87–834  8 (e), (h)  Revision; effective date. 
831(c), (d)  998  87–834  8(f)  Subsec. (c) redesignated as (d) ; new (c) added. 
832(b)(1)(C)  997, 999  87–834  8 (e), (h)  Amendment; effective date. 
832(b)(1)(D)  998, 999  87–834  8 (e), (b)  Addition; effective date. 
832(b)(4)  997, 999  87–834  8 (e), (h)  Amendment; effective date. 
832(b)(5)  1009  87–834  12(a)  Nonapplicability. 
832(c) (11)  997, 999  87–834  8 (e), (h)  Revision; effective date. 
1567

Table 4.—Internal Revenue Code of 1954—Continued
Affected section Amendatory provisions
76 Stat. Public law Section Comment
         
841(2), (3)  998, 999  87–834  8 (g), (h)  Par. (2) renumbered as (3); new (2) added; effective date. 
861(a)(2)(B)  1001  87–834  9 (c), (e)  Amendment; effective date. 
894  985  87–834  7(a)  Exception. 
901  1031  87–834  12(b), (c)  Amendment; effective date. 
901(d)(4)  1001  87–834  9(d), (e)  Addition; effective date. 
902  999, 1001  87–834  9(a), (e)  Revision; effective date. 
904  1021  87–834  12(a)  Limitation increase. 
904(d)  1060  87–834  20(a)  Exception. 
904(f), (g)  1002, 1003  87–834  10(a), (b)  Subsec. (f) redesignated as (g); new (f) added; effective date. 
904(g)  1031  87–834  12(b), (c)  Redesignated subsec. (g) revised; effective date. 
911  1003, 1005  87–834  11(a), (c)  Revision; effective date. 
951–964  1006–1027, 1031  87–834  12(a), (c)  Addition; effective date. 
955(b)(1)(A), (B)  1018  87–834  12(a)  Exception. 
955(c) (2) (A) (ii)  1018  87–834  12(a)  Do. 
958  1012, 1045  87–834  12(a), 16(a)  Applicability. 
959(a)(1)  1023  87–834  12(a)  Exception. 
960(a) (1), (3)  1018, 1020  87–834  12(a)  Do. 
970–972  1027, 1031  87–834  12 (a), (c)  Addition; effective date. 
1016(a)(3)(D)  998, 999  87–834  8(g), (h)  Do. 
1016(a)(19)  972, 973  87–834  2(f), (h)  Do. 
1016(a)(20)  1031  87–834  12(b), (c)  Do. 
1111  4, 5  87–403  1(a), (c)  Do. 
1201  1046  87–834  17(a)  Applicability. 
1201(a)  999  87–834  8(g), (h)  Amendment; effective date. 
1212  1038  87–834  11(a)  Nonapplieability. 
1223 (10), (11)  1041  87–834  14(b), (c)  Par. (10) redesignated as (11); new (10) added; effective date. 
1232  827  87–792  5(a)  Nonapplicability. 
1245  1032, 1033, 1035  87–834  13(a), (g)  Addition; applicability; effective date. 
1245(a)  1035  87–834  13(f)  Exception. 
1246  1036, 1038, 1041  87–834  14(a), (c)  Addition; nonapplicability; effective date. 
1247  1037, 1041  87–834  14(a), (c)  Addition; effective date. 
1248  1041, 1044  87–834  15(a), (c)  Do. 
1249  1045  87–834  16(a), (c)  Do. 
1307(e)  1064, 1065  87–834  22(a), (b)  Do. 
1341(b) (4), (5)  1142  87–863  5  Do. 
1361(d)  829, 831  87–792  (h), 8  Amendment; effective date. 
1371(c)  1065  87–834  23  Applicability ; effective date. 
1374(b)  1069  87–834  30  Effective date of amendment. 
1381–1388  1052  87–834  17(c)  Exception. 
1381–1383  1045, 1051  87–834  17(a)–(c)  Addition; exception; effective date. 
1385  1048, 1051  87–834  17(a), (c)  Addition; effective date. 
1388  1049, 1051  87–834  17(a), (c)  Do. 
1402(c) (2), (4), (5)  811  87–792  2   
1504(a), (b)  969, 981, 1040  87–834  2(b), 6(a), 14(b)  Do. 
1568

Table 4.—Internal Revenue Code of 1954—Continued
Affected section Amendatory provisions
76 Stat. Public law Section Comment
         
2031(a)  1052  87–834  18(a), (b)  Amendment; effective date. 
2033, 2034  1052  87–834  18(a), (b)  Do. 
2035(a)–2038(a)  1052  87–834  18(a), (b)  Do. 
2039(c)  830, 831  87–792  7(i), 8  Do. 
2039(c)(2)  830, 831  87–792  7(i), 8  Do. 
2040  1052  87–834  18(a), (b)  Do. 
2041(a)  1052  87–834  18(a)’ (b)  Do. 
2517(a) (2)  830, 831  87–792  7(j), 8  Do. 
2517(b)  830, 831  87–792  7(j), 8  Do. 
3300(b)(5) (B), (C)  830, 831  87–792  7(k), 8  Subpar. (B) deleted; new (B), (C) added; effective date. 
3401(a)(12) (B), (C)  830, 831  87–792  7(1), 8  Do. 
4061  114  87–508  3(a)(1)  Amendment. 
4216(b)(2)(C)  1134  87–858  1  Amendment; effective date. 
4216(f)(4)(C)  768  87–770  2  Do. 
4251  115  87–508  4(b)  Supplemental provision. 
4251  985  87–834  6(g)(4)  Exception. 
4251(b)(2).  114  87–508  3(a)(2)  Amendment. 
4252(e) (1), (2)  115  87–508  4 (a), (c)  Revision; effective date. 
4253 (j)  115  87–508  4 (b), (c)  Addition ; effective date. 
4261–4264  115  87–508  5(b)  Revision; effective date. 
4261  117, 118  87–508  5(b)  Nonapplicability; applicability. 
4261  117–119  87–508  5 (b), (c)  Supplemental provisions. 
4261  985  87–834  6(g)(4)  Exception. 
4261(a)–(c)  115  87–508  5(a)  Amendment. 
4262(a)(1)  116, 118  87–508  5(b)  Exception. 
4262(b)  116  87–508  5(b)  Do. 
4264  116  87–508  5(b)  Do. 
4382(a)(2)  984, 985  87–834  6 (e), (g)(4)  Revision; effective date. 
4501(a)  77, 78  87–456  302(a), 501(b)  Amendment; effective date. 
4501 (b), (c)  77, 78  87–456  302(b), 501(a)  Subsec. (b) repealed; (c) redesignated as (b) and amended ; effective date. 
4501(c)  166, 167  87–535  18(a), 19(a)  Amendment; effective date. 
4504  77, 78  87–456  302(d), 501(a)  Repeal; effective date. 
4511  77, 78  87–456  302(d), 501(a)  Do. 
4511(a)  1138  87–859  i (1), (2)  Tax suspensions, extension. 
4512–4514  77, 78  87–456  302(d), 501(a)  Repeal; effective date. 
4521  77, 78  87–456  302(d) ; 501(a)  Do. 
4531, 4532  77, 78  87–456  302(d), 501(a)  Do. 
4541  77; 78  87–456  302(d), 501(a)  Do. 
4541  127  87–514  2  Exception. 
4542  77, 78  87–456  302(d), 501(a)  Repeal; effective date. 
4551–4553  77, 78  87–456  302(d), 501(a)  Do. 
4561, 4562  77, 78  87–456  302(d), 501(a)  Do. 
4571, 4572  77, 78  87–456  302(d), 501(a)  Do. 
4581, 4582  77, 78  87–456  302(d), 501(a)  Do. 
4601–1603  77, 78  87–456  302(d), 501(a)  Do. 
5001(a)  114  87–508  3(b)  Supplemental provision. 
5001(a) (1), (3)  114  87–508  3(a) (3), (4)  Amendment. 
5022  114  87–508  3 (a)(5), (b)  Amendment; supplemental provision. 
5041(b)  114  87–508  3 (a)(6), (b)  Do. 
5051(a)  114  87–508  3 (a)(7), (b)  Do. 
5063  114  87–508  3(b)(1)  Amendment. 
5113(b)  1142  87–863  4(b), (c)  Amendment; effective date. 
5123(b)(3)  1142  87–863  4(a), (c)  Addition; effective date. 
5701(c)  114  87–508  3(b)  Supplemental provision. 
5701(c)(1)  114  87–508  3(a)(8)  Amendment. 
5707 (a), (b)  114  87–508  3(b)(2)  Do. 
6015(f)  575  87–682  1,2  Amendment; effective date. 
6038.1  1059, 1063  87 834  20 (a), (e)  Revision ; effective date. 
6041(a)  1058  87–834  19 (f), (h)  Amendment; effective date. 
6041(c)  1058  87–834  19 (f), (h)  Deletion ; effective date. 
6042  1053, 1058  87–834  19 (a), (h)  Revision; effective date. 
1569

Table 4.—Internal Revenue Code of 1954—Continued
Affected section Amendatory provisions
76 Stat. Public law Section Comment
         
6044  1054. 1058  87–834  19 (b), (h)  Revision; effective date. 
6046  1061, 1063  87–834  20 (b), (e)  Do. 
6047  830, 831  87–792  7(m), 8  Addition; effective date. 
6048  988  87–834  7(f)  Addition. 
6049  1056, 1058  87–834  19 (c), (h)  Addition; effective date. 
6072(d)  1051  87–834  17 (b), (c)  Revision; effective date. 
6073 (a), (b)  575  87–682  1, 2  Amendment; effective date. 
6153(b)  575  87–682  1, 2  Do. 
6211–6216  988, 1062  87–834  7(g), 20(c)  Nonapplicability. 
6412(a)(1)  114  87–508  3(b)(3)  Amendment. 
6412(d)  77, 78  87 456  302(d), 501(a)  Repeal; effective date. 
6412(d)  166, 167  87–535  18(b), 19(a)  Amendment; effective date. 
6416(b)(2)(H)  119  87–508  5 (c)(3), (d)  Do. 
6418(b)  77, 78  87–456  302(c), 501(a)  Do. 
6421(b)  118, 119  87–508  5(c)(2)(A), (d)  Do. 
6421(d)(2)  119  87–508  5 (c)(2)(B), (d)  Revision; effective date. 
6501(c)(6)  1137, 1138  87–858  3(b), (f)  Amendment; effective date. 
6501(h)  890  87–794  317(c)  Amendment. 
6501 (j), (k)  971,973  87–834  2 (e), (h)  Subsec. (j) redesignated as (k); new (j) added; effective date. 
6511(d)(2)(A)  891  87–794  317(d)  Revision. 
6511(d)(4)  971, 973  87–834  2 (e), (h)  Addition; effective date. 
6512(b)(2)(C)  1161  87–870  4  Addition. 
6601(e)  972, 973  87–834  2 (e), (h)  Revision; effective date. 
6611(f)  972, 973  87–834  2 (e), (h)  Do. 
6652  1057. 1058  87–834  19 (d), (h)  Do. 
6654(b)  575  87–682  1. 2  Amendment; effective date. 
6054(d)(1)(C)  575  87–682  1,2  Do. 
6677  988  87–834  7(g)  Addition. 
6678  1058  87–834  19 (e), (h)  Addition; effective date. 
6679  1062  87–834  20(c)  Addition. 
7121  1067  87–834  26  Exception. 
7121  1159  87–870  1  Do. 
7122  972, 1067  87–834  2(e), 26  Do. 
7122  1160  87–870  1  Do. 
7207  831  87–792  7(m), 8  Amendment; effective date. 
7511  77, 78  87–456  302(d), 501(a)  Repeal; effective date. 
7515, 7516  1160  87–870  3(a)  Addition. 
7608 (a), (b)  1143  87–863  6  Existing text designated as (a) ; heading added; new subsec. (b) added; effective date. 
7652  78  87–456  303(c)  Supplemental provision. 
7701(a)(19)  982, 985  87–834  6 (c), (g)(3)  Revision; effective date. 
7701(a) (30), (31)  988  87–834  7(h)  Addition. 
7701(a) (32)  1161  87–870  5  Addition; effective date. 
7809(a)  1161  87–870  3(b)  Amendment. 
7809(c)  1161  87–870  3(b)  Addition. 
7852(d)  1069  87–834  31  Nonapplicability. 
         
1570

Table 5.—Positive Law Titles of United States Code

(The following titles of the U.S. Code have been enacted into positive law: Titles 1, 3, 4, 6, 9, 10, 13, 14, 17, 18, 23, 28, 32, 35, 37, 38, and 39.)
Provisions affected Amendatory provisions
Title Section 76 Stat. Public law Section Comment
           
3  202  95  87–481  1  Revision. 
3  203(a)  95  87–481  2  Amendment. 
4  111(b)  9  87–406  _ _ _ _ _ _ _ _ _ _ Do. 
10  101(31)(A)  494, 502  87–649  6(f), 15  Amendment; effective date. 
10  124–126  514–516  87–651  201  Addition. 
10  131–137  517, 519  87–651  202  Do. 
10  141(e)  519  87–651  204  Do. 
10  142(d)  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  270(b)  458  87–649  1  Exception. 
10  280  506  87–651  101  Amendment. 
10  501  748  87–751  1, 3  Revision; effective date. 
10  517  492, 502  87–649  2, 15  Addition; effective date. 
10  555(a)  494, 502  87–649  6(f), 15  Amendment; effective date. 
10  555(a)  501, 502  87–649  14, 15  Partial repeal, with exception; effective date. 
10  564(a)(1)  494, 502  87–649  6(f), 15  Amendment; effective date. 
10  674(a)  514  87–651  130  Revision. 
10  680  120  87–509  1(2)  Exception. 
10  680(a)(2)(D)  121  87–509  2  Addition. 
10  687  507  87–651  102  Do. 
10  701–704  492, 495, 502  87–649  3, 9(a), 15  Addition; applicability; effective date. 
10  701  493  87–649  3  Nonapplicability. 
10  702(a)  493  87–649  3  Do. 
10  703, 704  493  87–649  3  Do. 
10  716, 717  508  87–651  103  Sec. 716 relating to international sports participation redesignated as 717. 
10  718  519  87–651  205  Addition. 
10  801–940  149  87–528  12  Exception. 
10  802 (11),(12)  508  87–651  104  Amendment. 
10  815  447, 450  87–648  _ _ _ _ _ _ _ _ _ _ Revision; effective date. 
10  1006(e)  508  87–651  105  Amendment. 
10  1163(d)  508  87–651  106(a)  Addition. 
10  1166(a)  494, 502  87–649  6(f), 15  Amendment; effective date. 
10  1167 (a), (b)  494, 502  87–649  6(f), 15  Do. 
10  1167(d)  121  87–509  4(a)  Amendment. 
10  11682  508  87–651  106(b)  Addition. 
10  1201–1203  508  87–651  107(a)  Amendment. 
10  1211(d) (1), (2)  508  87–651  107(b)  Do. 
10  1218, 1219  509  87–651  107(c)  Revision. 
10  1220  509  87–651  107(d)  Repeal. 
10  1293  494, 502  87–649  6(f), 15  Amendment; effective date. 
10  1305  494, 502  87–649  6(f), 15  Do. 
10  1334(b)  509, 526  87–651  108, 305  Revision; effective date. 
10  1402(b)–(d)  459  87–649  1  Exception. 
10  1405  509  87–651  109  Amendment. 
10  1405(2)  494, 502  87–649  6(f), 15  Amendment; effective date. 
10  1553, 1554  509  87–651  110  Revision. 
10  1580  519  87–651  206  Addition. 
10  1581(b)  863, 868  87–793  1001(b), 1008  Revision; effective date. 
10  2203–2211  520–522  87–651  207  Addition. 
10  2233  243  87–554  701  Limitation. 
10  2233a  243  87–554  701  Revision. 
10  2276(b)  514  87–651  131  Do. 
10  2304(a)  528, 529  87–653  1 (a), (h)  Revision; effective date. 
10  2304(a) (11)–(16)  529  87–653  1(g)  Exception. 
10  2301(a) (11)  529  87–653  1(g)  Supplemental provision. 
10  2304(a) (14)  528, 529  87–653  1 (b), (h)  Revision; effective date. 
10  2304(g)  528, 529  87–653  1 (c), (h)  Addition; effective date. 
10  2306(a)  528, 529  87–653  1 (d), (h)  Amendment; effective date. 
10  2306(f)  528, 529  87–653  1 (e), (d), (h)  Addition; applicability; effective date. 
1571

Table 5.—Positive Law Titles of United States Code—Continued
Provisions affected Amendatory provisions
Title Section 76 Stat. Public law Section Comment
           
10  2310(b)  529  87–653  1 (f), (h)  Amendment; effective date. 
10  2311  529  87–653  1 (g), (h)  Revision; effective date. 
10  2313(b)  241  87–554  604(1)  Exception. 
10  2354  373  87–582    Do. 
10  2358  523  87–651  208  Addition. 
10  2383  78  87–456  303(c), 501(a)  Repeal; effective date. 
10  2603  244  87–555  1  Addition. 
10  2633  510  87–651  111  Revision. 
10  2634  511  87–651  111(b)  Addition. 
10  2672  511  87–651  112(a)  Amendment. 
10  2672(1)  511  87–651  112(a) (2)  Do. 
10  2674(a)  511  87–651  112(b)  Do. 
10  2677 (a), (b)  242  87–554  607  Revision. 
10  2679. 2680_ 511  87–651  112(c)  Addition. 
10  2681  523  87–651  209  Do. 
10  2734a, 2734b  512  87–651  113  Do. 
10  2736  767  87–769  1(1)  Do. 
10  2772  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  2773  94  87–480  1(1)  Addition. 
10  3010  524  87–651  210  Do. 
10  3012(b)  524  87–651  211  Amendment. 
10  3034(d)(4)  513  87–651  114  Do. 
10  3068(b)  494, 502  87–649  6(a), 15  Amendment; effective date. 
10  30692  494i 502  87–649  6(b)’, 15  Do. 
10  3070 (b), (c)  494, 502  87–649  6(b); 15  Do. 
10  3071 (b), (c)  494, 502  87–649  6(a), 15  Do. 
10  3263(b)  5011 502  87–649  14, 15  Repeal, with exception; effective date. 
10  3303(d)  121  87–509  4(a)  Amendment. 
10  3536(b)  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  3632, 3633_ 501, 502  87–649  14, 15  Do. 
10  3636  501, 502  87–649  14–15  Do. 
10  3687  494, 502  87–649  6(d), 15  Amendment; effective date. 
10  3689  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  3853(1)  513  87–651  115  Amendment. 
10  4023  513  87–651  116  Repeal. 
10  4337  513  87–651  117  Amendment. 
10  4338(a)  493, 502  87–649  4, 15  Revision; effective date. 
10  4338(b)  493, 502  87–649  4, 15  Amendment; effective date. 
10  4342(a) (10)  ’ 547  87–663  1(1)  Addition. 
10  4342(c)  547  87–663  1(2)  Amendment. 
10  4621 (a), (b)  513  87–651  118  Do. 
10  4748  513  87–651  119  Repeal. 
10  4774(d)  240, 243  87–554  601, 703  Exception. 
10  4774(d)  1167  87–872    Do. 
10  4774(f), (g)  239  87–554  504 (a), (c)  Revision. 
10  4833  94  87–480  1(2)  Repeal. 
10  4837  501, 502  87–649  14, 15  Partial repeal, with exception; effective date. 
10  5011  524  87–651  212  Amendment. 
10  5031(a)  524  87–651  211  Do. 
10  5062  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  5064 (b), (c)  501, 502  87–649  14, 15  Partial repeal, with exception; effective date. 
10  5081(c)  513  87–651  114  Amendment. 
10  5081(e)  513  87–651  120  Deletion. 
10  5082 (a), (b)  513  87–651  121  Existing text designated as “(a)” and amended; new subsec. (b) added. 
10  5111(b)  501, 502  87–649  14, 15  Partial repeal, with exception; effective date. 
10  5133(a)  501, 502  87–649  14, 15  Do. 
1572

Table 5.—Positive Law Titles of United States Code—Continued
Provisions affected Amendatory provisions
Title Section 76 Stat. Public law Section Comment
           
10  5134  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  5138(b)  501, 502  87–649  14, 15  Partial repeal, with exception; effective date. 
10  5139(a)  494, 502  87–649  6(c), 15  Amendment; effective date. 
10  5140(a)  494, 502  87–649  6(c), 15  Do. 
10  5142  501, 502  87–649  14, 15  Partial repeal, with exception; effective date. 
10  5143(a)  494, 502  87–649  6(e), 15  Amendment; effective date. 
10  5145(c)  501, 502  87–649  14, 15  Partial repeal, with exception; effective date. 
10  5148(b)  501, 502  87–649  14, 15  Do. 
10  5149(a)  501, 502  87–649  14, 15  Do. 
10  5150 (c), (d)   501, 502   87–649   14, 15   Do.  
10  5201(d)  513  87–651  114  Amendment. 
10  5202(a)  501, 502  87–649  14, 15  Partial repeal, with exception; effective date. 
10  5206(a)  494, 502  87–649  6(c), 15  Amendment; effective date. 
10  5505(c)  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  5507  501, 502  87–649  14, 15  Do. 
10  5539(b)  501, 502  87–649  14, 15  Do. 
10  5597(h)  501, 502  87–649  14, 15  Partial repeal, with exception; effective date. 
10  5597(i)  493, 502  87–649  5(a), 15  Revision: effective date. 
10  5775  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  5787(g)  493, 502  87–649  5(b), 15  Revision; effective date. 
10  5787(h)  501, 502  87–649  14, 15  Partial repeal, with exception; effective date. 
10  5787b (c)  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  5788(c)  501, 502  87–649  14, 15  Do. 
10  5907  501, 502  87–649  14, 15  Do. 
10  5908(a)  501, 502  87–649  14, 15  Partial repeal, with exception; effective date. 
10  6033(a)  494, 502  87–649  6(f), 15  Amendment; effective date. 
10  6033(a)  513  87–651  122  Amendment. 
10  6081 (b), (c)  494, 502  87–649  5(c), 15  Revision; effective date. 
10  6111, 6112  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  6112 (a), (b)  777  87–777  1  Designation “(a)” deleted; subsec. (b) repealed. 
10  6141–6147  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  6148 (a), (b)  494, 502  87–649  6(e), 15  Amendment; effective date. 
10  6148(e)(2)  514  87–651  123(a)  Revision. 
to  6157  514  87–651  123(b)  Repeal. 
10  6221(b)  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  6222(e)  501, 502  87–649  14, 15  Do. 
10  62241  501, 502  87–649  14, 15  Do. 
10  6382(c)  121  87–509  4(b)  Amendment. 
10  6383(f)  121  87–509  4(b)  Do. 
10  6384(b)  121  87–509  4(b)  Do. 
10  6401(b)  121  87–509  4(b)  Do. 
10  6406(b)  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  6904 (b), (c)  501, 502  87–649  14, 15  Do. 
10  6905 (b), (c)  501, 502  87–649  14, 15  Do. 
10  6906(c)  501, 502  87–649  14, 15  Partial repeal, with exception; effective date. 
10  6912  494, 502  87–649  6(f), 15  Amendment; effective date. 
10  6915(f)  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  6954(a)(8)  514  87–651  124  Amendment. 
10  6954(a)(9)  547  87–663  1(3)  Addition. 
1573

Table 5.—Positive Law Titles of United States Code—Continued
Provisions affected Amendatory provisions
Title Section 76 Stat. Public law Section Comment
           
10  6958(b)  547  87–663  1(4)  Amendment. 
10  6959  86  87–463  3  Exception. 
10  6969(b)  501, 502  87–649  14, 15  Partial repeal, with exception; effective date. 
10  7230  514  87–651  125  Revision. 
10  7391  154  87–533  1(a)  Amendment. 
10  7392(1)  154  87–533  1(a)  Do. 
10  7393 (a), (b)  154  87–533  1(a)  Do. 
10  7394  154  87–533  1(a)  Do. 
10  7421–7424  904  87–796  1 (1)–(4)  Revision. 
10  7422(c)  401  87–599  1  Addition. 
10  7426  905  87–796  1(5)  Exception. 
10  7428  905  87–796  1(5)  Revision. 
10  7430–7435  905, 906  87–796  1 (6)–(11)  Do. 
10  7430(a)  ’ 401  87–599  2  Do. 
10  7438  904  87–796  1(1)  Exception. 
10  7438  906  87–796  1(12)  Revision. 
10  7574 (d), (e)  239  87–554  504 (b), (d)  Do. 
10  7625  768  87–769  1(2)  Repeal. 
10  8010  524  87–651  213  Addition. 
10  8012(b)  524  87–651  211  Amendment. 
10  8034(d)(4)  513  87–651  114  Do. 
10  8263(b)  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  8303(d)  121  87–509  4(a)  Amendment. 
10  8352(a)  514  87–651  126  Do. 
10  8632, 8633  501, 502  87–649  14, 15  Repeal, with exception; effective date. 
10  8636  502  87–649  14, 15  Do. 
10  8687  494, 502  87–649  6(d), 15  Amendment; effective date. 
10  8689  502  87–649  14, 15  Repeal, with exception; effective date. 
10  8991  514  87–651  127   
10  9023  514  87–651  128  Repeal. 
10  9337  513  87–651  117  Amendment. 
10  9342(a) (10)  547  87–663  1(5)  Addition. 
10  9342(c)  547  87–663  1(6)  Amendment. 
10  93482  86  87–462  3  Exception. 
10  9621 (a), (b)  513  87–651  118  Amendment. 
10  9748  514  87–651  129  Repeal. 
10  9774  325, 326  87–577  _ _ _ _ _ _ _ _ _ _ Exception. 
10  9774(d)  240, 243  87–554  601, 703  Do. 
10  9774(d)  576  87–684  _ _ _ _ _ _ _ _ _ _ Do. 
10  9774 (f), (g)  239  87–554  504(a), (c)  Revision. 
10  9833  94  87–480  1(4)  Repeal. 
10  9837  502  87–649  14, 15  Partial repeal, with exception; effective date. 
13  1–7  952  87–826  1  Applicability. 
13  9(a)  922  87–813  _ _ _ _ _ _ _ _ _ _ Amendment. 
13  11  952  87–826  1  Applicability. 
13  14  104  87–489  _ _ _ _ _ _ _ _ _ _ Addition; effective date. 
13  21–24  952  87–826  1  Applicability. 
13  211–214  952  87–826  1  Do. 
13  301–307  951, 953  87–826  2, 4  Addition; effective date. 
14  437(f)  121  87–509  4(b)  Amendment. 
14  461(c)  141  87–526  1(1)  Addition. 
14  462  502  87–649  14, 15  Repeal, with exception; effective date. 
14  462a  495, 502  87–649  7(b), 15  Revision; effective date. 
14  464, 465  502  87–649  14, 15  Repeal, with exception; effective date. 
14  471a  526  87–651  307  Repeal, with exception. 
14  485(c)  502  87–649  14, 15  Repeal, with exception; effective elate. 
14  495  141  87–526  1(3)  Repeal. 
14  495  502  87–649  14, 15  Repeal, with exception; effective date. 
1574

Table 5.—Positive Law Titles of United States Code—Continued
Provisions affected Amendatory provisions
Title Section 76 Stat. Public law Section Comment
           
14  496  141  87–526  1(5)  Revision. 
14  655  142  87–526  1(6)  Addition. 
14  755(a)  495, 502  87–649  7(a), 15  Amendment; effective date. 
14  758a(f)  502  87–649  14, 15  Repeal, with exception; effective date. 
14  763  632  87–704  _ _ _ _ _ _ _ _ _ _ Addition. 
17  8  446  87–646  21, 23(a)  Amendment; effective date. 
18  6, 8  76A:698  87–845  3  Applicability. 
18  11  76A:698  87–845  3  Do. 
18  14  76 A: 698,701  87–845  3, 25  Revision; effective date. 
18  45  76A:698  87–845  3  Applicability. 
18  201–213  1119, 1126  87–849  1(a), 4  Revised and replaced by new secs. 201–209; effective date. 
18  201, 202  76A:698  87–845  3  Applicability. 
18  203  1123, 1124  87–849  1(a)  Nonapplicability; applicability. 
18  203  1126  87–849  2, 4  Exception; effective date. 
18  204  1126  87–849  2, 4  Do. 
18  205  1123, 1124  87–849  1(a)  Nonapplicability; applicability. 
18  205  1126  87–849  2, 4  Exception; effective date. 
18  207  1124, 1126  87–849  1(a), 2, 4  Applicability; exception; effective date. 
18  208, 209  1126  87–849  2, 4  Exception; effective date. 
18  210; 211  1125, 1126  87–849  1(b), 4  Former secs. 214, 215 redesignated as 210, 211; effective date. 
18  212–217  1125, 1126  87–849  1(d), 4  Former secs. 217–222 redesignated as 212–217; effective date. 
18  214, 215  1125, 1126  87–849  1(b), 4  Redesignated as secs. 210, 211; effective date. 
18  216  386  87–586  1(d)  Exception. 
18  216  1125, 1126  87–849  1(c), 4  Repeal; effective date. 
18  217–222  1125, 1126  87–849  1(d), 4  Redesignated as secs. 212–217; effective date. 
18  218  1125, 1126  87–849  1(e), 4  Addition; effective date. 
18  223  1125, 1126  87–849  1(f), 4  Repeal; effective date. 
18  281  29  87–415  205(e)(1)  Exception. 
18  281  40  87–420  16(a)  Do. 
18  281  57  87–437  3  Do. 
18  281  191  87–543  121  Do. 
18  281  386  87–586  1(d)  Do. 
18  281  719  87–741  101  Do. 
18  281  757  87–759  6  Do. 
18  281  901  87–794  361(c)  Do. 
18  281  1126  87–849  2,4  Repeal, with exception; effective date. 
18  281  1126  87–849  2, 4  Repeal; effective date. 
18  283  29  87–415  205(e)(1)  Exception. 
18  283  40  87–420  16(a)  Do. 
18  283  57  87–437  3  Do. 
18  283  191  87–543  121  Do. 
18  283  386  87–586  1(d)  Do. 
1575

Table 5.—Positive Law Titles of United States Code—Continued
Provisions affected Amendatory provisions
Title Section 76 Stat. Public law Section Comment
           
18  283  719  87–741  101  Exception. 
18  283  757  87–759  6  Do. 
18  283  901  87–794  361(c)  Do. 
18  283  1126  87–849  2, 4  Repeal, with exception; effective date. 
18  284  57  87–437  3  Exception. 
18  284  386  87–586  1(d)  Do. 
18  284  757  87–759  6  Do. 
18  284  901  87–794  361(c)  Do. 
18  284  1126  87–849  2,4  Repeal; effective date. 
18  287  76A:698  87–845  3  Applicability. 
18  331  76A:698  87–845  3  Do. 
18  371  76A:698  87–845  3  Do. 
18  434  57  87–437  3  Exception. 
18  434  386  87–586  1(d)  Do. 
18  434  757  87–759  6  Do. 
18  434  1126  87–849  2, 4  Repeal; effective date. 
18  471–499  76A:698  87–845  3  Applicability. 
18  491 (a), (b)  555  87–667  _ _ _ _ _ _ _ _ _ _ Revision. 
18  505–509  76A:698  87–845  3  Applicability. 
18  594, 595  76A:698  87–845  3  Do. 
18  598  76A:698  87–845  3  Do. 
18  600, 601  76A:698  87–845  3  Do. 
18  604, 605  76A:698  87–845  3  Do. 
18  608  76A:698  87–845  3  Do. 
18  611, 612  76A:698  87–845  3  Do. 
18  664  41, 43  87–420  17(a), 19  Addition; effective date. 
18  703  76A:698  87–845  3  Applicability. 
18  752  76A:698  87–845  3  Do. 
18  755, 756  76A:698  87–845  3  Do. 
18  792–797  76A:698  87–845  3  Do. 
18  798  76A:698  87–845  3  Applicability. (Relating to classified information.) 
18  798  76A:698  87–845  3  Applicability. (Relating to extension of sec. 794 ) 
18  799  76A:698  87–845  3  Applicability. 
18  871  956  87–829  1  Revision. 
18  915, 917  76A:698  87–845  3  Applicability. 
18  951  76A:698  87–845  3  Do. 
18  953, 954  76A:698  87–845  3  Do. 
18  956–967  76A:698  87–845  3  Do. 
18  1001  1069, 1070  87–835  1,3  Do. 
18  1001  76A:698  87–845  3  Do. 
18  1017  76A:698  87–845  3  Do. 
18  1024  76A:698  87–845  3  Do. 
18  1027  42, 43  87–420  17(c), 19  Addition; effective date. 
18  1073  76A:698  87–845  3   
18  1114  132  87–518  10  Amendment. 
18  1301  76A:698  87–845  3   
18  1364  76A:698  87–845  3  Do. 
18  1381, 1382  76A:698  87–845  3  Do. 
18  1505  551  87–664  6  Revision. 
18  1542–1544_ 76A:698  87–845  3  Applicability. 
18  1546  76A:698  87–845  3  Do. 
18  1584  76A:698  87–845  3  Do. 
18  1621, 1622  76A:698  87–845  3  Do. 
18  1761  76A:698  87–845  3  Do. 
18  1821  76A:698  87–845  3  Do. 
1576

Table 5.—Positive Law Titles of United States Code—Continued
Provisions affected Amendatory provisions
Title Section 76 Stat. Public law Section Comment
           
18  1914  29  87–415  205(e)(1)  Exception. 
18  1914  40  87–420  16(a)  Do. 
18  1914  57  87–437  3  Do. 
18  1914  191  87–543  121  Do. 
18  1914  264  87–566  _ _ _ _ _ _ _ _ _ _ Do. 
18  1914  386  87–586  1(d)  Do. 
18  1914  408  87–614  1(b)  Do. 
18  1914  757  87–759  6  Do. 
18  1914  901  87–794  361(c)  Do. 
18  1914  1126  87–849  2, 4  Repeal; effective date. 
18  1914  76A:698  87–845  3  Applicability. 
18  1954  42, 43  87–420  17(e), 19  Addition; effective date. 
18  1991  76A:698  87–845  3  Applicability. 
18  2151–2157  76A:698  87–845  3  Do. 
18  2199  76A:698  87–845  3  Do. 
18  2231  76A:698  87–845  3  Do. 
18  2234, 2235  76A:698  87–845  3  Do. 
18  2274, 2275  76A:698  87–845  3  Do. 
18  2277  76A:698  87–845  3  Do. 
18  2318  775  87–773  _ _ _ _ _ _ _ _ _ _ Addition. 
18  2381–2385  76A:698  87–845  3  Applicability. 
18  2385  103  87–486  _ _ _ _ _ _ _ _ _ _ Amendment. 
18  2387–2390  76A:698  87–845  3  Applicability. 
18  2421–2424  76A:698  87–845  3  Do. 
18  3042  76A:698  87–845  3  Do. 
18  3056  809  87–791  _ _ _ _ _ _ _ _ _ _ Amendment. 
18  3056  956  87–829  3  Partial revision. 
18  3059  76A:698  87–845  3  Applicability. 
18  3105  76A:698  87–845  3  Do. 
18  3109  76A:698  87–845  3  Do. 
18  3187  76A:698  87–845  3  Do. 
18  3195  76A:698  87–845  3  Do. 
18  3500  76A:698  87–845  3  Do. 
18  3656  866  87–793  1004  Supplemental provision. 
18  4163  552  87–665  _ _ _ _ _ _ _ _ _ _ Revision. 
18  4210  76A: 698, 701  87–845  4, 25  Addition; effective date. 
18  4281  557  87–672  _ _ _ _ _ _ _ _ _ _ Amendment. 
18  5034  52  87–428  _ _ _ _ _ _ _ _ _ _ Do. 
23  101 et seq  1145, 1146  87–866  2–4  Supplemental provisions. 
23  101  1147  87–866  6(a)  Amendment. 
23  103(c)  1147  87–866  8  Amendment; applicability. 
23  104(b)(1)  1148  87–866  10  Do. 
23  105  1148  87–866  9(a)  Restriction. 
23  133  1146, 1147  87–866  5  Addition ; applicability. 
23  134  1148  87–866  9  Addition; effective date. 
23  203  1147  87–866  7  Amendment. 
23  213  1146  87–866  3  Exception. 
23  214  1147  87–866  6(b)  Addition. 
23  307(c)(1)–(4)  1148  87–866  11  Existing text designated as (1) and amended; new pars. (2)–(4) added. 
28  89  247, 248  87–562  1, 5  Revision; effective date. 
28  105(b) (1), (3)  85  87–461  _ _ _ _ _ _ _ _ _ _ Revision. 
28  128(a)(2)  598  87–699  _ _ _ _ _ _ _ _ _ _ Amendment. 
28  130(a)  307  87–573  _ _ _ _ _ _ _ _ _ _ Revision. 
28  133  248  87–562  3, 5  Amendment; effective date. 
28  142  221  87–551  _ _ _ _ _ _ _ _ _ _ Waiver. 
28  142  222  87–553  _ _ _ _ _ _ _ _ _ _ Do. 
28  142  246  87–559  _ _ _ _ _ _ _ _ _ _ Do. 
28  142  247  87–560  _ _ _ _ _ _ _ _ _ _ Do. 
1577

Table 5.—Positive Law Titles of United States Code—Continued
Provisions affected Amendatory provisions
Title Section 76 Stat. Public law Section Comment
           
28  142  248  87–562  4  Waiver. 
28  142  598  87–699  _ _ _ _ _ _ _ _ _ _ Do. 
28  142  762  87–764  _ _ _ _ _ _ _ _ _ _ Amendment. 
28  142  959  87–833  _ _ _ _ _ _ _ _ _ _ Waiver. 
28  414  76A: 699, 701  87–845  7, 25  Partial revision; effective date. 
28  507(b)  892  87–794  320  Applicability. 
28  508 .  865  87–793  1003(a)  Partial revision. 
28  508  866  87–793  1003(b)  Compensation rate, increase. 
28  547(b)  76A: 699, 701  87–845  8, 25  Amendment; effective date. 
28  603  866  87–793  1004  Supplemental provision. 
28  604(a)(5)  866  87–793  1004  Compensation rate, increase. 
28  672–675  866  87–793  1004  Compensation rates, increase. 
28  753(e)  866  87–793  1004(c)  Amendment. 
28  1254  134  87–520  2(a)  Exception. 
28  1361  744  87–748    Addition. 
28  1391(e)  744  87–748  2  Do. 
28  1404(d)  76A: 699, 701  87–845  9, 25  Addition; effective date. 
28  1406(d)  76A: 699, 701  87–845  10, 25  Do. 
28  1499  360  87–581  202(a), 204  Revision; effective date. 
28  1921  417, 418  87–621  1, 3  Do. 
28  2103  556  87–669  _ _ _ _ _ _ _ _ _ _ Revision. 
28  2464  926  87–814  5  Exception. 
28  2679  892  87–794  320  Applicability. 
32  107  319, 320, 322, 323  87–577  _ _ _ _ _ _ _ _ _ _ Exception. 
32  303(c)  502  87–649  14(e), 15  Repeal, with exception; effective date. 
32  304  748  87–751  2, 3  Revision; effective date. 
32  318  495, 502  87–649  8(a), 15  Amendment; effective date. 
32  321(a)(2), (3)  495, 502  87–649  8(b), 15  Do. 
32  321(b)(2)  495, 502  87–649  8(b), 15  Do. 
32  321 (f)(3)  495, 502  87–649  8(b), 15  Do 
32  715(a)(3)  495, 502  87–649  8(b), 15  Do. 
35  135(a)–(c)  958  87–831  _ _ _ _ _ _ _ _ _ _ Present pars, designated as (a), (b) ; new subsec. (c) added. 
37  101–1007  451  87–649  1  Laws relating to pay and allowances of the uniformed services revised, codified, and enacted as Title 37, U.S. Code. 
37  101–1007  473  87–649  1  Exception. 
37  201–209  490  87–649  1  Applicability. 
37  202(i)  457  87–649  1  Exception. 
37  205(a)(1)  459  87–649  1  Do. 
37  205(a) (2)–(9)  459  87–649  1  Restriction. 
37  205(a) (7), (8)  459  87–649  1  Supplemental provisions. 
37  301–309  490  87–649  1  Applicability. 
37  301(f)  463  87–649  1  Nonapplicability. 
37  306  466  87–649  1  Do. 
37  307  454, 492  87–649  1, 2  Exception. 
37  309  469  87–649  1  N onapplicability. 
37  401(3)  496  87–649  10  Partial suspension. 
37  402–407  490  87–649  1  Applicability. 
37  402  478  87–649  1  Restriction. 
37  403  478, 496  87–649  1, 10  Restriction; applicability. 
37  403(a)  ’ 496  87–649  10  Partial suspension; amendment 
37  404–411  478  87–649  1  Restriction. 
1578

Table 5.—Positive Law Titles of United States Code—Continued
Provisions affected Amendatory provisions
Title Section 76 Stat. Public law Section Comment
           
37  404, 405  473  87–649  1  Supplemental provision. 
37  4014–411  490  87–649  1  Applicability. 
37  414  490  87–649  1  Do. 
37  415(a)–(c)  477, 478  87–649  1  Supplemental provisions. 
37  416(a)  478  87–649  1  Supplemental provision. 
37  501–504  483  87–649  1  Nonapplicability. 
37  1002  490  87–649  1  Do. 
38  101(3)  558  87–674  1  Amendment. 
38  101(26)  927  87–815  3  Do. 
38  103(d), (e)  558  87–674  2  Addition. 
38  110  950  87–825  6, 7  Amendment; effective date. 
38  216(c)  307  87–572  _ _ _ _ _ _ _ _ _ _ Revision. 
38  230(c)  927  87–815  5  Addition. 
38  233(5)  308  87–574  1(1)(C)  Do. 
38  235  927  87–815  6  Amendment. 
38  312(4)  442  87–645  3, 4  Amendment; effective date. 
38  314(a)–(p)  441, 442  87–645  1(a)(1)–(14), 4  Do. 
38  314(r)  441, 442  87–645  l(a)(15), 2(a) 4  Do. 
38  314(s)  441, 442  87–645  l(a)(16), 4  Do. 
38  351  950  87–825  3,7  Do. 
38  359  950  87–825  6, 7  Do. 
38  360  406  87–610  1  Addition. 
38  610(a)(1)  381  87–583  1  Revision. 
38  612(a)  381  87–583  2  Do. 
38  612(b)  381  87–583  2  Exception. 
38  6181  308  87–574  2  Addition. 
38  619  1126  87–850  _ _ _ _ _ _ _ _ _ _ Addition; effective date. 
38  624(b)  927  87–815  4  Amendment. 
38  641(b)  935  87–819  1  Do. 
38  718(a)  245  87–557  _ _ _ _ _ _ _ _ _ _ Nonapplicability. 
38  718 (a), (b)  245  87–557  _ _ _ _ _ _ _ _ _ _ Existing text designated as (a) and amended; new subsec. (b) added. 
38  722(b)  245  87–557  _ _ _ _ _ _ _ _ _ _ Exception. 
38  742(a)–(c)  219  87–549  _ _ _ _ _ _ _ _ _ _ Existing text designated as (a); new subsecs, (b), (o) added. 
38  1502(a)  393  87–591  1  Supplemental provision. 
38  1502(a)  927  87–815  7(a)  Revision. 
38  1502(c) (3), (4)  928  87–815  7 (b), (c)  Amendment. 
38  1502(d)  928  87–815  7(d)  Repeal. 
38  1502–1  393  87–591  1  Addition. 
38  1612(a)  926  87–815  1  Supplemental provision. 
38  1613 (a), (b)  926  87–815  1  Existing text designated as (a) ; new subsec. (b) added. 
38  1712  927  87–815  2(b)  Supplemental provision. 
38  1712(a)  935  87–819  2  Exception. 
38  1712(a) (3)–(5)  926, 927  87–815  2 (a)  Par. (3) deleted; par. (4) redesignated as (5); new (3), (4) added. 
38  1712(c)  935  87–819  2  Addition. 
38  1723(c)  216  87–546  _ _ _ _ _ _ _ _ _ _ Amendment; exception. 
38  1905 1  1198  87–875  _ _ _ _ _ _ _ _ _ _ Waiver of time limitation. 
38  2001–2014  558, 559  87–675  1 (a)–(e)  Secs. 2001–2009 deleted with savings provision; secs. 2010–2014 redesignated as 2001–2005. 
38  3004  950  87–825  5, 7  Repeal; effective date. 
38  3010  948, 950  87–825  1, 7  Revision; effective date. 
38  3010(f)  558  87–674  3  Addition. 
38  3011  950  87–825  5, 7  Repeal; effective date. 
38  3012 (b), (c)  949, 950  87–825  2, 7  Subsec. (b) deleted; (c) revised and redesignated as (b) ; effective date. 
38  3110  950  87–825  4, 7  Addition; effective date. 
38  3203(a)(2)(A)  208  87–544  1, 2  Amendment; applicability. 
38  3203(d)(1)  245  87–556  1(1), 2  Amendment; nonapplicability; effective date. 
1579

Table 5.—Positive Law Titles of United States Code—Continued
Provisions affected Amendatory provisions
Title Section 76 Stat. Public law Section Comment
           
38  3203(d)(1)  245  87–556  1  Applicability. 
38  3203(d)(2)  245  87–556  1(2), 2  Par. (2) deleted; new (2) added; nonappiicability ; effective date. 
38  3203(f)  441, 442  87–645  2(b), (a), 4  Addition; applicability; effective date. 
38  3301(1)  557  87–671  2, 4  Amendment; effective date. 
38  4005  553, 554  87–666  1,3  Deletion; new sec. 4005 added; effective date. 
38  4005A  554  87–666  1, 3  Addition; effective date. 
38  4006  553, 554  87–666  1,3  Former sec. 4006 redesignated as 4007; new 4006 added; effective date. 
38  4007  553, 554  87–666  1,3  Deletion; former sec. 4006 redesignated as 4007; effective date. 
38  4009  557  87–671  1, 4  Addition; effective date. 
38  4103(a)  859, 861  87–793  801, 805  Amendment; effective date. 
38  4103(d)–(j)  859, 861  87–793  801(b), 805  Subsecs, (d)–(i) deleted; replaced by new (d)–(j); effective date. 
38  4103(g)  309  87–574  5(1)  Amendment. 
38  4103(i)  309  87–574  5(2), (1)  Addition; exception. 
38  4103 (j)  859  87–793  ’801(b)  Exception. 
38  4105  309  87–574  4(2) (C)  Do. 
38  4105(1)  308  87–574  4  Amendment. 
38  4107, 4108  860  87–793  802, 803  Revision; effective date. 
38  4108(a)  308  87–574  .3  Revision. 
38  4111(b)  861  87–793  804  Revision; effective date. 
38  4114  308  87–574  4(1)  Exception. 
38  4114(a)  309  87–574  4(2)  Revision. 
38  4114(c)  309  87–574  4(2) (C)  Addition. 
39  1(v)–(vii)  142, 446  87–646  1,’23(a)  Addition; effective date. 
39  308a  442, 446  87–646  2(a), 23(a)  Do. 
39  507 (12)–(14)  835, 840  87–793  112,306  Do. 
39  711(c)  835, 840  87–793  114, 306  Amendment; effective date. 
39  2203(c)  109  87–496  _ _ _ _ _ _ _ _ _ _ Addition. 
39  2302(c)(4)  836, 840  87–793  201(a), 306  Amendment; effective date. 
39  2303(a)  836, 840  87–793  201(b); 306  Do. 
39  2303(a)1(A), (C)  836, 840  87–793  201(b), 306  Deletion; new subpars. (A), (C) added; effective date. 
39  2303(a)(1)(E)  442, 446  87–646  2A, 23(a)  Amendment; effective date. 
39  2303(a)(2)  836, 840  87–793  201(b), 306  Deletion; new par. (2) added; effective date. 
39  2303(b)  836, 840  87–793  201(c), 306  Revision ; effective date. 
39  3101 (5), (6)  855, 858  87–793  709, 720  Deletion; replaced by new par. (5) ; effective date. 
39  3106  858  87–793  716, 720  Addition; effective date. 
39  3301  858  87–793  717, 720  Revision ; effective date. 
39  3334(a)  443, 446  87–646  3, 23(a)  Amendment ; effective date. 
39  3335(b)  857, 858  87–793  714, 720  Amendment; exception; effective date. 
39  3541(d)(3)  855, 858  87–793  710, 720  Amendment; effective date. 
39  3541(d)(5)  855, 858  87–793  710; 720  Addition; effective date. 
39  3541(h)  443, 446  87–646  4, 23(a)  Deletion ; effective date. 
39  3542(a)  443, 446  87–646  5, 23(a)  Partial revision effective date. 
39  3542(a)  850  87–793  702  Revision; effective date. 
39  35432  851  87–793  702  Exception. 
39  3543(a)  443, 446  87–646  6(a), 23(a)  Partial revision effective date. 
39  3543(a)  851  87–793  7’03  Revision ; effective date. 
39  3543(c)  443, 446  87–646  6(b), 23(a)  Amendment effective date. 
39  3543(c)  852, 858  87–793  703(b), 720  Revision; effective date. 
39  3543(f)__ 852, 858  87–793  703(c), 720  Partial revision; effective date. 
39  3543 (i), (j)_ 852, 858  87–793  703(d), 720  Addition; effective date. 
39  3544  851  87–793  702  Exception. 
39  3544(a)  441, 146  87–646  7, 23(a)  Partial revision; effective date. 
39  3544 (a), (b)  853  87–793  704  Revision ; effective date. 
39  3551(b)  444, 446  87–646  8, 23(a)  Do 
39  3552 .  854, 858  87–793  705, 720  Do 
39  3552(c)  441, 446  87–646  9, 23(a)  Addition; effective date. 
1580

Table 5.—Positive Law Titles of United States Code—Continued
Provisions affected Amendatory provisions
Title Section 76 Stat. Public law Section Comment
             
39  3554  854, 858  87–793  706, 720  Revision ; effective date. 
39  3558  858  87–793  719, 720  Repeal; effective date. 
39  3559  854, 858  87–793  707, 720  Revision; effective date. 
39  3560  856  87–793  713  Restriction; exception. 
39  3560(a)(1)  857  87–793  715  Revision; effective date. 
39  3560(b)(4)  857  87–793  715  Revision ; supplemental provision; effective date. 
39  3560(c) (C)  857  87–793  715  Addition ; supplemental provision; effective date. 
39  3573(5)  103  87–487  _ _ _ _ _ _ _ _ _ _ Addition. 
39  4007  444, 446  87–646  10, 23(a)  Revision; effective date. 
39  4008  840  87–793  305, 306  Addition; nonapplicability; effective date. 
39  4052(b)  835, 840  87–793  111, 306  Amendment; effective date. 
39  4052(b)  835  87–793  112  Exception. 
39  4156  758  87–759  6  Applicability. 
39  4156  1245  87–883  4  Do. 
39  4157  444, 446  87–646  11.23(a)  Repeal ; effective date. 
39  4253(a)  832, 840  87–793  101, 306  Amendment; effective date. 
39  4303 (a), (b)  832, 840  87–793  102, 306  Do. 
39  4303(d) 6)  832, 840  87–793  102, 306  Do. 
39  4303(d)(2)  832, 840  87–793  102, 306  Deletion; new par. (2) added; effective date. 
39  4355(a) (3)  837,840  87–793  301, 306  Amendment; effective date. 
39  4355(a) (10)  837, 840  87–793  301, 306  Addition; effective date. 
39  4357  835  87–793  112  Exception. 
39  4357(a) (1)–(3)  835, 840  87–793  110, 306  Amendment; effective date. 
39  4357(b)–(d)  835, 840  87–793  110, 306  Do. 
39  4358(a)  832, 840  87–793  103, 306  Revision; effective date. 
39  4358(b)  832, 840  87–793  103, 306  Revision; exception; effective date. 
39  4359(a)  840  87–793  304(b), 306  Amendment; effective date. 
39  4359(b)  833, 840  87–793  104(a), 306  Revision; effective date. 
39  4359(b)(1)–(4)  833  87–793  104(a)  Exceptions. 
39  4359(e) (2)  833. 840  87–793  104(b), 306  Amendment ; effective date. 
39  4360, 4361  833, 840  87–793  104(c), 304(a), 306  Repeal; effective date. 
39  4362  834, 840  87–793  105, 306  Amendment; effective date. 
39  4369  1144  87–865  2  Revision. 
39  4422  834, 840  87–793  106, 306  Amendment ; effective date. 
39  4451(d)  840  87–793  304(c), 306  Do. 
39  4452(a)  834, 840  87–793  107, 306  Revision; effective date. 
39  4452(b)  834, 840  87–793  107, 306  Revision; applicability; effective date. 
39  4452(c)  444, 446  87–646  12, 23(a)  Amendment: effective date. 
39  4452(c)  834, 840  87–793  107, 306  Revision ; exception ; effective date. 
39  4452(d)  834, 840  87–793  107, 306  Amendment ; effective date. 
39  4452(e)  834  87–793  107  Do. 
39  4552(b)(5)  446  87–646  14, 23(a)  Do. 
39  4552(b)(5)  834, 840  87–793  108, 306  Do. 
39  4553(a)  446  87–646  15, 23(a)  Do. 
39  4554  445, 446  87–646  13, 23(a)  Revision ; effective date. 
39  4554(a)  834  87–793  109  Amendment ; effective date. 
39  4554(a)(1)  837, 840  87–793  302, 306  Do. 
39  4554(a)(5)  837, 840  87–793  302, 306  Deletion; new par. (5) added; effective date. 
39  4554(a)(7), (8)  837, 840  87–793  302, 306  Addition; effective date. 
39  4554(b)  445  87–646  13  Exception. 
39  4554(b)  835  87–793  109  Do. 
39  4554(b)(1), (2)  837, 840  87–793  302, 306  Amendment; effective date. 
39  4554(b)(2) (D), (E)  837, 840  87–793  302, 306  Deletion; new subpars. (D), (E) added; effective date. 
39  4554(c)  837, 840  87–793  302, 306  Amendment; effective date. 
39  4555(a), (b)  102  87–484  _ _ _ _ _ _ _ _ _ _ Existing text designated as (a) ; new (b) added. 
1581

Table 5.—Positive Law Titles of United States Code—Continued
Provisions affected Amendatory provisions
Title Section 76 Stat. Public law Section Comment
           
39  4651(b)  835, 840  87–793  113, 306  Amendment; effective date. 
39  46521  840  87–793  304(a), 306  Repeal ; effective date. 
39  4653, 4654  837, 840  87–793  303, 306  Revision; effective date. 
39  5013  446  87–646  16, 23(a)  Addition ; effective date. 
39  6202  446  87–646  17, 23(a)  Revision; effective date. 
39  6303(c)  446  87–646  18, 23(a)  Amendment; effective date. 
39  6352(b)–(e)  106  87–491  _ _ _ _ _ _ _ _ _ _ Subsecs, (b), (c) revised and replaced by (b)–(e). 
39  6402(a)(4)  855, 858  87–793  708, 720  Revision; effective date. 
39  6409(a)(1)  446  87–646  19, 23(a)  Amendment; effective date. 
39  6420  106  87–491  _ _ _ _ _ _ _ _ _ _ Nonapplicability. 
39  6424(a)  1144  87–865  1  Amendment. 
  Canal Zone Code         
  1 et seq  76A: 1  87–845  _ _ _ _ _ _ _ _ _ _ Revision and codification of permanent laws relating to Canal Zone, etc. 
2  34  76A:700  87–845  12  Exception. 
           

Table 6.—Reorganization Plans
Provisions affected Amendatory provisions
Year Statutes vol.: page Plan 76 Stat. Public law Section Comment
             
1950  64:1265  No. 10  395  87–592  2  Supplemental provision. 
1950  64:1267  No. 14  359  87–581  104(d)  Applicability. 
1952  66:824  No. 5  537  87–656  13  Exception. 
1952  66:824  No. 5  585  87–686  13  Do. 
1952  66:824  No. 5  592  87–691  6  Do. 
1952  66:824  No. 5  919  87–807  25  Do. 
1952  66:824  No. 5, sec. 3(b).  910  87–802  _ _ _ _ _ _ _ _ _ Amendment. 
1953  67:638  No. 6, secs. 4, 5.  526  87–651  307  Repeal, with exception. 
             

Table 7.—Veterens’ Regulations
Provisions affected Amendatory provisions
Vets regs. Part Paragraph 76 Stat. Public law Section Comment
             
None  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  
             

Table 8.—Executive Orders and Proclamations
Number Date Amendatory provisions
76 Stat. Public law Section Comment
           
Executive orders:  1908         
848  June 26  432  87–631  2  Boundaries extended. 
888  July  1  432  87–631  1  Do. 
           
1582

Table 8.—Executive Orders and Proclamations—Continued
Number Date Amendatory provisions
76 Stat. Public law Section Comment
           
Executive orders—Con.           
  1915         
2160  Apr.  6  434  87–631  3  Boundaries extended. 
  1939         
8038  Jan.  5  399  87–597  1(a)  Exception. 
Proclamations:           
  1906         
644  Aug. 16  545  87–661  _ _ _ _ _ _ _ _ _ Additional lands. 
  1909         
848  Feb. 13  1118  87–848  3  Exchange of lands. 
  1916         
1340  Aug.  9  436  87–635  _ _ _ _ _ _ _ _ _ Boundary revision. 
  1956         
3148  July 14  428  87–628  _ _ _ _ _ _ _ _ _ Supplemental provision. 
           

Table 9.—Treaties and International Agreements
Provisions affected Amendatory provisions
Date Series No. Stat. Identification 76 Stat. Public law Section Comment
               
1902              
Dec. 11  TS 427  33:2136  Cuba—commercial reciprocity.  78  87–456  401(d)  Supplemental provisions. 
1944              
Feb. 3  TS 994  59:1219  Mexico—utilization of waters of the Colorado River, etc.  101  87–483  13, 14  Applicability. 
Feb. 3  TS 994  59:1219  Mexico—utilization of waters of the Colorado River, etc.  392, 393  87–590  5  Applicability. 
               

Table 10.—Provisions Respecting General Repents, Conflicts, Etc.
76 Stat. Public law Section Comment
       
9 87–405 _ _ _ _ _ _ _ _ _ _ _ Commerce Dept., additional Assistant Secretary, authorized.
28 87–415 203(i)  Occupational training programs, payment restriction.
40 87–420 16(a)  Employee welfare or pension benefit plan bonding of persons handling certain funds.
1583

Table 10.—Provisions Respecting General Repents, Conflicts, Etc.—Continued
76 Stat. Public law Section Comment
       
46  87–423  _ _ _ _ _ _ _ _ _ _ _ _ D.C., first degree murder, persons convicted of, eligibility for parole. 
55  87–436  1  Aircraft, missiles, and naval vessels, procurement authority. 
57  87–437  3  Civil-service laws, exception. 
57  87–437  4(a)  Property and services, procurement and contract authority. 
60  87–441  2(b)(2)  Bridge Commission, White County, Ind.-Ill., members’ terms of office, expiration. 
63  87–443  7(a)  Civil-service laws, exception. 
69  87–450  _ _ _ _ _ _ _ _ _ _ _ _ Marketing quotas and acreage allotments for 1963 wheat crop, deferment of proclamation. 
85  87–460  6(b)  Health, Education, and Welfare, Secretary, authority not affected. 
85  87–460  6(b)  Public Health Service, Surgeon-General, authority not affected. 
95  87–482  2  Armed Forces, retirement acts; service credit to certain persons. 
103  87–485  _ _ _ _ _ _ _ _ _ _ _ _ Marketing quotas and acreage allotments for 1963 wheat crop, additional deferment of proclamation. 
119.  87–508  5(e)  Transportation taxes collected; credit or refund. 
120  87–509  1(2)  Armed Forces reservists, election of severance or readjustment pay. 
120  87–509  1(3)  Disability compensation laws, eligibility. 
123  87–510  3(b)  Government contracts and expenditures, exception to regulations. 
123  87–510  5(a)(1)  Government funds, obligation and expenditure, exception to regulations.  
123  87–510  5(a)(1)  Printing and binding, funds available. 
132  87–518  12  Livestock and poultry diseases, protection against, repeal of inconsistent laws. 
138  87–523  11  D.C. insurance laws, exception. 
140  87–525  2  Bridge toll charges, Rio Grande River. 
154  87–532  2  Do. 
191  87–543  121  Civil-service laws, exceptions. 
218  87–548  _ _ _ _ _ _ _ _ _ _ _ _ Extra long staple cotton, transfer to Commodity Credit Corp., for disposition. 
231  87–554  207  Beaufort, S.C., water facilities at military installations, contract authority. 
241  87–554  606  Military public works, certain repeals; exceptions. 
244  87–555  1  Armed Forces, fellowships and scholarships, etc., to members. 
261  87–565  301(d)(3)  Foreign assistance funds, restriction. 
309  87–574  4(2)  Civil-service or classification laws, exception. 
309  87–574  4(2) (C)  Noncitizens, laws prohibiting employment, etc., exception. 
315, 316  87–575  _ _ _ _ _ _ _ _ _ _ _ _ Civil-service and classification laws, exceptions. 
315, 316  87–575  _ _ _ _ _ _ _ _ _ _ _ _ Government funds, expenditures, exceptions to regulations. 
327  87–577  502  Noncitizens, laws prohibiting employment, etc., exception. 
330  87–577  513  Armed Forces, commissary stores sales prices, adjustment. 
330  87–577  514  Armed Forces, proficiency flying. 
338  87–578  _ _ _ _ _ _ _ _ _ _ _ _ Classification laws, exception. 
357  87–581  102  Laborers and mechanics, Government contracts, work hours, etc., standards. 
361, 362, 364  87–582  _ _ _ _ _ _ _ _ _ _ _ _ Civil-service laws, exception. 
385  87–584  7  Government employment laws, applicability. 
1584

Table 10.—Provisions Respecting General Repents, Conflicts, Etc.—Continued
76 Stat. Public law Section Comment
       
386  87–586  3  Civil-service laws, exception. 
387  87–587  1  Gut Dam construction, Lake Ontario, citizens damage claims, acceptance. 
405  87–608  _ _ _ _ _ _ _ _ _ _ _ _ National parks, maintenance and repair, exception to laws regarding. 
408  87–614  1(a)  Civil-service laws, exception. 
436  87–636  _ _ _ _ _ _ _ _ _ _ _ _ Eglin Air Force Base, Fla., relinquishment of jurisdiction over lands. 
438  87–640  _ _ _ _ _ _ _ _ _ _ _ _ Fort Hancock Military Reservation, N.J., relinquishment of jurisdiction over lands. 
471  87–649  1  Uniformed services, housing facilities, availability to members and dependents. 
478  87–649  1  Uniformed services, transportation and quarters allowances, restriction. 
492  87–649  3  Armed Forces, accumulated leave provisions. 
519  87–651  206  Civil-service laws, applicability. 
522  87–651  207  Armed Forces, management funds, reimbursement on basis of estimated project costs. 
540  87–657  3 (a), (c)  Point Reyes National Seashore, Calif., transfer and exchange of Federal property. 
542  87–658  3(c)  Public works accelerated projects, grants- in-aid authorized. 
545  87–660  _ _ _ _ _ _ _ _ _ _ _ _ U.S. Naval Supply Depot Clearfield, Ogden, Utah, relinquishment of jurisdiction over lands. 
586  87–688  _ _ _ _ _ _ _ _ _ _ _ _ American Samoa, extension of programs of assistance to. 
597  87–697  4(e)  D.C. Fire Dept., accumulated annual leave provisions. 
607  87–703  101(4)  Agriculture Dept., crop, acreage and allotment history, preservation requirements. 
612, 614, 615  87–703  301, 303, 306  Commodity Credit Corp., marketing of negotiable certificates. 
613  87–703  302  Feed grains, acreage diversion payments. 
614  87–703  304  Feed grain conservation program, authority to limit participation. 
631  87–703  326  Agricultural diversion programs, performance in good faith, payments under. 
631  87–703  328  Acreage diversion program, feed grains or wheat production. 
651  87–712  2 (a), (c)  Padre Island National Seashore, Tex., transfer and exchange of Federal property. 
665  87–719  16  Atomic Energy Commission, notes and mortgages, contract authority. 
678  87–728  3  Land purchases for irrigation farming, qualification of applicants for. 
686  87–730  _ _ _ _ _ _ _ _ _ _ _ _ House of Representatives, funeral of Member, representation and expenses authorized. 
690  87–730  _ _ _ _ _ _ _ _ _ _ _ _ Government requirements for purchase and procurement by contract, exception. 
701  87–734  11  Lower Brule Sioux Indian Tribe, S. Dak., purchase and sale of tribal lands, authority. 
707  87–735  11  Crow Creek Sioux Indian Tribe, 8. Dak., purchase and sale of tribal lands, authority. 
710  87–736  1  Ready Reserve, order to active duty, Presidential authority. 
710  87–736  2  Armed Forces, active duty, extension. 
1585

Table 10.—Provisions Respecting General Repents, Conflicts, Etc.—Continued
76 Stat. Public law Section Comment
       
719  87–741  101  Retired employees health benefits fund, availability for administrative expenses. 
755  87–759  3  Civil-service laws, exception. 
758  87–759  6  Do. 
861  87–793  803(a)  Veterans Administration physicians and dentists, etc., employment conditions, regulations. 
861  87–793  804  Veterans Administration hospitals, etc., directors, salary. 
902  87–794  401  Civil-service and classification laws, exception. 
905  87–796  1(5)  Naval petroleum and oil shale reserves; land lease provisions. 
908  87–797  2(b)  U.S. Park Police, fines and suspensions of members, finality of appeal decision. 
918  87–807  18(a)  D.C. government claims, statute of limitations, exception. 
925  87–814  4  Customs laws violations, seizures and forfeiture provisions, applicability. 
940  87–821  1  D.C., investments by fiduciaries, exception to statutes restricting. 
943  87–821  2(a)  D.C., gifts to minors, repeal of inconsistent laws. 
1073  87–838  3  Civil-service laws, exception. 
1078  87–841  1  Civil-service and classification laws, exception. 
1082  87–843  _ _ _ _ _ _ _ _ _ _ _ _ Do. 
1098  87–843  _ _ _ _ _ _ _ _ _ _ _ _ Classification and retirement acts, exception. 
1101  87–843  _ _ _ _ _ _ _ _ _ _ _ _ Public funds, expenditure provisions, exception. 
1103  87–843  _ _ _ _ _ _ _ _ _ _ _ _ Civil-service and classification laws, exception. 
1115  87–846  206  Statutes of limitation, exception. 
1167  87–872  _ _ _ _ _ _ _ _ _ _ _ _ Civil-service or classification laws, exception. 
1167  87–872  _ _ _ _ _ _ _ _ _ _ _ _ Noncitizens, laws prohibiting payment of, exception. 
1179  87–874  103(b)  Shore protection surveys, applicability of existing law relating to surveys of rivers and harbors. 
1201  87–877  4(c)  Water carriers, suspension of operations, nonapplicability of Federal laws. 
1214  87–879  602  Employment of aliens, exception to laws prohibiting. 
1238  87–881  203(d)(2), 204  D.C. teachers’ retirement and annuity 
1245  87–883  3  Civil-service laws, exception. 
       
1586

TABLES OF PRIOR LAWS AND OTHER FEDERAL INSTRUMENTS REFERRED TO IN TEXT

Table 11.—General Legislation
Date Chapter 70 Stat Date Public Law 76 Stat.
           
1787      1906     
           
Sept.  17  Constitution  452  Apr.  26  129  776 
      June  30  382  344, 1211 
1862           
      1907     
July  2  130  806       
      Mar.  4  253  92 
1879           
      1908     
Mar.  3  186  377       
      Apr.  20  99  535 
1881           
      1910     
Mar.  3  138  769, 771, 773       
1887      May  17  181  348 
           
Feb.  4  104  52, 400, 765, 967,  1911     
    1159       
Mar.  2  314  806, 1205  Mar.  1  435  346. 348 
           
      1912     
1888           
June  4  340  1157  Apr.  9  116  376 
           
      1913     
1890           
      Mar.  4  426  362 
Apr.  30  173  351  4  427  446 
July  2  647  4 5       
      4  429  1179 
           
1891      1914     
           
Mar.  3  561  740  Mar.  12  69  740 
      May  8  95  1205 
1895      Aug.  1  160  97 
      Sept.  26  203  548 
Jan.  12      Oct.  15  212  4, 5, 548 
           
1897      1916     
           
June  4  2    Aug.  25  235  9, 58, 217, 403, 428, 
1898          435, 436, 541, 
July  1  541  636  Sept.  7  260  397, 398 
      7  267  340, 364 
           
1901      1917     
Mar.  1  670  377  Feb.  23  347  31, 587 
3  872  1095  Sept.  24  43  826 
      Oct.  6  91  1085 
  Public Law         
      1920     
           
1902      Feb.  25  146  904, 906 
June  17  161  388, 395, 396, 634,  Mar.  19  163  773 
    677, 761, 955, 1192,  June  5  259  365 
    1219 1221       
1904      1921     
           
Apr.  22  140  1153  June  10  13  340, 936 
           
1905      1922     
           
Feb.  20  84  769, 771, 773  Sept.  21  331  1209 
1587

Table 11.—General Legislation—Continued
Date Public law 70 Stat Date Public Law 76 Stat.
           
1924      1934     
           
Apr.  23  104  18, 1150, 1154  June  13  324  85 
May  19  120  733  18  383  336 
27  148  346  19  416  420, 422, 423, 425, 
June  7  270  107      965, 1140 
7  276  693  19  436  584, 585 
      27  479  237, 665, 671, 736, 
1925          739, 778, 983, 
          1161 
Feb.  28  506  836  28  482  336, 1127 
           
1926      1935     
           
May  7  186  1081  Feb.  22  14  341 
20  257  35, 380  Apr.  27  46  865, 1206, 1207, 
25  280  740      1209, 1210 
25  284  93, 634  June  29  182  367 
July  2  450  1206  July  5  198  379 
      26  220  693 
1927      Aug.  14  271  26, 27, 49, 191, 362, 
          375–377,776,814, 
Mar.  3  712  673, 674      898, 918, 1199 
4  803  364, 365       
      19  286  1083 
1928      21  292  58, 435, 808, 1222 
      23  305  737, 738 
May  15  391  1218  24  320  340, 1209 
Dec.  21  642  1221  24  325  1208 
      26  337  347 
1929      29  392  1083 
      29  399  1199 
Feb.  20  Pub. Rea. 89  339  30  403  84 
27  831  535, 537  30  409  1179 
Mar.  2  935  376       
June  20  17  693  1936     
           
1930      May  20  605  1212 
      June  4  638  337 
May  29  279  871  4  648  1083 
29  284  350, 1152  8  673  1151 
June  17  361  876, 901, 1102  17  678  1218 
July  3  520  1179, 1216  22  738  1207 
      22  742  128 
1931      29  835  1092–1094 
      30  846  358, 365 
Mar.  3  787  692       
3  791  366  1937     
           
1932      Mar.  24  Pub. Res. 14  351 
      June  24  162  1199 
June  30  212  346, 520, 1224  July  8  192  313 
July  22  304  736  22  210  434 
      Aug.  5  244  86 
1933      16  308  362 
      28  405  335, 336 
Mar.  3  415  397, 398  Sept.  1  412  730, 739 
May  12  10  74  1  414  166 
18  17  1226       
27  22  394  1938     
June  6  30  362, 363       
13  43  736  Feb.  16  430  97, 99, 156, 218, 617, 
          631, 1208, 1209 
1934      May  11  505  347 
      11  506  428 
May  7  211  1098  16  519  15, 16 
June  6  291  394  June  25  717  366 
12  307  731  25  718  365, 379 
12  316  883  25  722  679, 898 
1588

Table 11.—General Legislation—Continued
Date Public law 70 Stat Date Public Law 76 Stat.
           
           
1939      1946     
           
Apr.  13  Pub. Res. 9.  351  May  13  377  720 
May  24  85  336  June  4  396  1208 
July  26  225  16  11  404  146, 147, 345, 442, 
Aug.  2  252  1211      789, 790, 958, 1212 
4  260  90, 93, 388, 396, 677,  28  464  1100 
    1221  July  23  520  218, 726 
9  355  1084  26  549  365 
      30  565  1080 
1940      Aug.  1  586  31, 366 
      2  600  29, 40, 191, 210, 
June  27  668  685, 687      310–317, 327, 346, 
July  2  711  351      348–352, 381, 692, 
11  Pub. Res. 93  380      716–720, 722, 725, 
19  753  718      726, 728, 730–732, 
19  756  1221      734, 735, 753, 758, 
Aug.  22  768  819, 1036      1080, 1081, 1083, 
27  Pub. Res. 96  364      1084, 1088, 1095, 
Sept.  16  783  364      1097, 1098, 1101 
Oct.  9  812  684      1103, 1105, 1151, 
9  824  584, 585      1154, 1167–1169, 
          1203, 1205–1208, 
1941          1211, 1212, 1218, 
May  26  74  621      1219, 1224, 1226, 1228 
June  28  136  1083  2  601  381, 682, 684, 688, 
July  1  145  687      691 
Aug.  18  213  364  7  648  1152 
Sept.  20  250  688  8  658  372 
Oct.  29  284  376  12  722  351 
      13  724  124, 842, 865, 1080 
1942          1082, 1084, 1101, 
          1103, 1168 
Feb.  16  454  1153  13  726  133, 349, 595, 913 
Apr.  1  512  535  14  732  389, 397, 
29  532  840      634, 677, 761, 1191 
June  16  607  479  14  733  1205, 
July  9  663  328      1207, 1208, 1215 
Dec.  10  796  693  1947     
24  846  11       
      Feb 28  8  1204 
1944      June  23  101  35, 379, 380 
        204  339 
Feb.  3  225  120, 507  26  253  513 
26  237  344  30  268  727 
Apr.  5  290  906  30  280  39 
May  29  319  719  31  291  399, 743, 750, 1128 
June  22  346    Aug.  5  361  344 
28  369  1222  6  373  1091, 1092 
July  1  410  83–85, 349, 369–374,  8  388  1209, 1210 
           
Sept.  21  425  348, 1203, 1205       
    1208, 1211, 1212  1948     
Dec.  22  534  51, 99, 264, 594,       
    610, 635, 698,  Jan.  27  402  1103, 1105 
    701, 704, 707,  Apr.  24  496  1204 
    1198, 1220, 1223  May  14  527  1152 
1945      18  534  344 
      June  16  655  373 
Apr.  19  35  1221, 1222  24  759  364, 732 
25  40  1083  26  790  1221 
July  31  171  222  July  2  883  720, 727 
Dec.  6  248  1089, 1228  3  896  729 
      Aug.  10  901   
1946           
      1949     
Feb.  20  304  316       
Apr.  30  370  1108, 1112  Jan.  19  2  315 
1589

Table 11.—General Legislation—Continued
Date Public law 70 Stat Date Public Law 76 Stat.
           
1949      1953     
           
Feb.  26  11  1089  Aug.  8  230  339, 541 
June  9  92  719, 1103  8  239  312, 374 
10    1088  13  264  310, 1089 
20  109  525  15  286  688 
30  149  352       
30  152  212, 378, 384, 725,       
    728, 759, 922, 1104  1954     
July  11  162  364       
15  171  728–730, 1213  Apr.  1  325  576 
Aug.  12  223  1218, 1219  May  18  364  1150, 1152 
13  226  33  June  8  389  269, 291, 301, 424 
Oct.  7  335  1223  16  Pri. L. 419 420  372 
12  351  264, 312, 331, 468,  18  420  377, 378 
    479, 494, 513, 588  30  451  339 
14  358  352  July  1  464  876 
25  387  739  10  480  218, 343, 523, 692, 
26  390  721      72b, 731, 1081, 
27  421  1214      1166, 1204, 1209, 
28  429  301, 309, 328, 340,  22  517  1214 330, 1018 
    536, 842, 844–846,  99  519  723, 725 
    859, 861, 863, 864,      368 
    866  26 27  531 540  431 
31  439  97, 99, 340, 613    545  1215 
    615, 621  28  545  212, 728, 729 
1950      Aug.  2  560  212, 728, 729 
      3  565  174, 176–179, 202, 
          203, 369 
Mar.  10  455  1085, 1111, 1112  4  568  1206 
18  462  366  5  568  349 
Apr.  20  475  728, 737      888, 1104 
24  478  346, 348  26  663 665  259, 1164 
May  3  499  1213      1209 
10  507  731  28  690 703  599, 602, 1224, 1225 
17  516  306, 1179      535 
July  28  626  1086, 1088  31  755  535 
Aug.  1  630  339    763  310, 311, 313, 314 
3  636  103      333, 346, 348–351 
19  719  719      371, 889, 721, 730, 
Sept.  8  774  342, 685, 726      845–847, 1082, 
12  784  340      1088, 1007, 1101, 
13  786  1082, 1083      1215, 1218, 1219, 
23  815  367      1226 
23  831  1069, 1070  1  765  578 
30  874  311, 367      74 
30  875  51  1  768  508 
      3  773   
1951           
      1955     
Jan.  12  920  717       
June  16  50  74, 78, 840, 873,  Apr.  22  24  690 
    876, 900  June  28   94   845, 846  
      July  1  127   
July  12  78  364      339 
Oct.  20  183  916    130 159  1220, 1221  
26  213  1163, 1165  Aug.  1  159 196  371 
30  233  597      162 
      3  211  720 
1952      4  221  1224 
      5  242  685 
July  3  448  345  9  255  428 
9  476  153, 525  9  305  364 
14  534  332  11  345  579, 728, 729, 737 
15  547  1228  11  352  1205 
16  550  120, 507  11  360  1205 
19  592  350  11  372  1079 
           
1953      1956     
           
June  26  83  1205  Apr.  11  485  97, 1221 
July  30  163  213, 1102  May  28  540  107, 348, 606, 1209, 
Aug.  7  212  35, 968      1211, 1214 
1590

Table 11.—General Legislation—Continued
Date Public law 70 Stat Date Public Law 76 Stat.
           
1956      1959     
           
June  7  569  211, 375  Sent. 23  86–372  671, 730 738 
19  597  367  23  86–373  249 
July  9  660  372  24  86–380  317 
24  772  338  28  86–382  719 
25  792  1101       
31  854  857, 867, 1223  1960     
  885  124, 1080       
1  896    May  6  86–449  1099 
      14  86–472  1084 
3  941    June  12  86–516  343 
3  959    29  86–532  1210 
      30  86–555  1089 
6  984  1221  July  1  86–568  845, 846 
6  996  1179  5  86–571  376 
7  1020    7  86–599  342 
7  1021    12  86–629  1167 
      14  86–660  1094 
1957      14  86–661  147 
      14  86–669  350 
Aug.  16  85–147  692  Sept.  2  86–705  943 
21  85–157  402  6  86–707  1228 
21  85–162  603  8  86–724  719 
Sept.  7  85–305  351  8  86–735  262 
7  85–307  937  13  86–777  342 
      15  86–794  764 
1958           
      1961     
Mar.  28  85–357  62       
Apr.  9  85–371  446  Mar.  24  87–6  898 
May  27  85–426  835  May  1  87–27  361, 
June  6  85–451  1150, 1153      542, 543, 893, 1089 
20  85–462  845, 846  June  29  87–63  1090 
30  85–477  76A:698  30  87–70  729 
July  1  85–478  1213  July  6  87–82  682 
3  85–500  396, 1197  26  87–112  1210 
7  85–507  1218  31  87–113  692 
18  85–536  1111  Aug.  1  87–117  710, 926, 927 
29  85–568  716  8  87–128  1208, 
Aug.  12  85–624  1217, 1220      1209, 1212, 1213 
18  85–672  1093  17  87–155  1213 
20  85–692  1153  Sept.  4  87–195  522, 840, 1105 
21  85–699  220  21  87–256  1084, 1103–1105 
23  85–726  718, 721, 1089  22  87–290  368 
23  85–740  337  22  87–293  1166 
23  85–743  340  26  87–297  1103 
25  85–745  726  26  87–307  1095 
28  85–836  362, 364  27  87–328  1226 
28  85–844  725  Oct.  3  87–347  342 
28  85–846  602  4  87–360  351 
28  85–850  1227  4  87–373  693 
28  85–851  339  4  87–383  344 
Sept.  2  85–857  733       
2  85–861  864  1962     
2  85–864         
2  85–883    Mar.  2  87–408  1150 
2  85–885  10S4  15  87–415  361, 893 
2  85–890    May  24  87–456  873 
9  85–913    June  19  87–490  1168 
2  85–918  351  28  87–510  1167, 1168 
6  85–926    July  27  87–554  577 
6  85–934  1215  Aug.  13  87–581  360 
      Sept.  10  87–656  537 
1959      14  87–658  543, 544, 1227 
      19  87–664  552 
June  25  86–70  351  27  87–703  614, 618, 1210 
Sept.  1  86–214  1079  Oct.  11  87–793  854, 859–862 
9  86–249  723, 727, 728  11  87–794  840, 
14  86–255  725      881, 882, 889–891 
21  86–308  407  24  87–880  346 
1591

Table 12.—Revised Statutes
Section 76 Stat. Section 76 Stat. Section 76 Stat.
291 1081 3542 155 3732 330
501 354 3551 760 5388 1157
1766 491 3617 81 D.C.  
1814 404 3648 1085
2380, 2381 740 3679 346, 375, 693, 1102 203 1150
2455 740   1204, 1213, 1222 416, 417 589, 591
3048 1168 3689 1168    

Table 13.—Internal Revenue Code of 1939
Section 76 Stat. Section 76 Stat. Section 76 Stat.
1–482 1110 500–511 1110 700–706 1110
22(b)(4) 980 600–605 1110 710–736 1110
122(b)(2)(B) 1066        

Table 14.—Internal Revenue Code of 1954
Section 76 Stat. Section 76 Stat. Section 76 Stat.
1 et seq 27, 119, 306 182 1064 402 819
1–1552 972, 988, 212 819 402(a)(2) 824
  1110 213(g)(3) 813, 823, 824 402(b) 1005
11 997 2422 989, 990 402(c) 813
11 (b), (c) 996 243–245 4, 5 403 819
31–38 825 246(b) 992 403(a) 821–823,824,
33–35 963 265(1) 985   829–831
37 963 267(c)(4) 828, 976 403 (c), (d) 1005
37 (a), (g) 1199 281(a)(1) 1158 404 810,814–819,
38 964, 966, 301 6–8   821, 822,
  971, 972 301(c)(1) 4   824, 826;,
46(a) 970, 971 301 (f) 6–8   828, 829
46(b) 966 969 971 302 1036, 1041, 405 830
46(c) 966–968 970   1044 405(a) 828, 831
46(d) 969 303 1041, 1044 405(b)(1) 828, 831
471 969 311 (b), (c) 1035 405(c) 828, 829
47(a) 965, 970 312(1) 1037 405(f) 830
48(a) 972 316 1053 501(a) 35, 408, 812,
48 (b), (c) 964 316(a) 1019   819 821–
48(g) 972 317(a) 978, 981   824, 826–
72 (m) 814, 821 318(a) 1018, 1019   831, 976,
78 999 33122 1036, 1041,   1066
101 822   1044 501(c) 36 408, 945,
102 974 332 1033, 1035   976 991
103(a) 1056 334(b)(2) 1035 503(b)(3) 1134
1511 825 337 1035 511 968
162 766, 819, 970 337(a) 1043 521 968 1033
165(g)(2)(C) 981 351 1033   1045 1055
166–1 981, 982 355 1137 531 963
166(c) 978–981, 356 1044 541 963
  1162 361 1033 542(c) (6)–(9) 766
167 1032, 1064 368(a)(1)(B) 1138 544(a) (2) 766
167(a) 1068 368(c) 969 551(b) 1007
168 1032 371(a) 1033 553 1011
170 1065 374(a) 1033 581 813 981
172 889, 1142, 381(a) 967 591–595 1045
  1143 401 820 591 978, 981
172(b) 649, 890, 401(a) 814, 819, 821–831, 1066 593 965
  1066     593(a) 982
172(d) 648, 890 401(c) 809, 810 819– 593(b)(5) 1162
172(i) 648   822, 824–831 643(d) 988
172(j)(l) 648, 890 401(d) 819, 826, 827 661(a) 986
179(d)(2) 968, 969 401(e)(2)(E) 814; 815; 823 666(a) 987
1592

Table 14.—Internal Revenue Code of 1954—Continued
Section 76 Stat. Section 76 Stat. Section 76 Stat.
677 1037 954 1008, 1028 1382 1047–1050
701–771 1035 954(d)(3) 1018, 1031 1382(b), (c) 966, 1055
721 1033 954(f) 1014 1385(a) 1049
731 1033, 1035 955 1027, 1028 1388(a) 1046, 1051,
736 1035 955(a) 1006, 1007,   1055
741 1035   1016 1388(c) 1046 1055
751(b) 1033 955(b) 1010, 1012 1388(d) 1046, 1055
801–843 1009, 1046 955(c) 1000, 1025 1401–1403 814
802(a) 1137 956 1027 1402 811
804(b) 1135 956(a) 1007 1402(c) (4), (5) 814
804(c) 1136 956(b)(2) 1014, 1015 1451(d) 1057
805 (b), (c) 1135 957 1018/1025, 1481(a)(1)(A) 891
805(e) 1136   1027, 1029, 1501 1026
809(a)(2) 1135   1041, 1042 1503(c) 649 1066
809(c) 1009 957(d) 1007 1503(d) 1031
809(d) 1009, 1136, 958(a) 1006–1008, 1504 1159
  1137   1016, 1017, 1504(a) 963
810 (a)–(c) 1136   1019, 1022, 1504(b) 963, 969, 981
821–826 998, 1137   1024, 1025, 2511 1052
821 (a)–(c) 998, 999   1027, 1037, 3101–3126 814
821(a) 993,995,996,   1041–1043 3111 814
  998 958(b) 1017, 1041– 3121(d)(3) 811
822–825 990   1043 3303 894
822(a) 998 959 1020, 1036 3304 898
822(b) 993 959(a) 1006, 1021, 3401–3404 975
822(c) 992   1022 4061(a) 1134
824(a) 991, 992, 996 959(c) 1008, 1016 4191 1134
824(d) 995, 996 9602 1001, 1023, 4211 1134
831 989–992,   1060 4252(a) 115
  1137 960(a)(1)(C) 1001 4262 115, 116
831(a)(3) 997, 998 961 1031 4262(a)(1) 117
832 992, 1137 962 1022 4262(b)(3) 116
832(b) 993; 1009 903 1006 4262(c)(3) 116, 117
832(c) 991, 994 970–972 1027 5001–5862 1058
851–858 965 971(b) 1027 5121(a) 1142
851(a) 819 971 (c) 1028, 1029 6001–7852 1005
851(c)(4) 1039 971(d) 1028 6038 1001
852(b) (2) 966 972 1028 6038(d)(1) 1063
857(b) (2) 966 1014 1037 6041 1057
901–905 1001, 1020– 1031, 1033 1033 6042(a) 1057, 1058
  1022, 1040 1071, 1081 1033 6042(c) 1058
901 1060 1111 (d), (e) 5–7 6044(a) 1057, 1058
901(b)(1) 1039 1201(a) 991 6044(e) 1058
902 1020, 1021, 1202 985 6045 1058
  1059, 1060 1212 1142, 1143 6046 1062
902(b) 1002 1221 982, 1042 6047(b), (c) 831
902(c)(1) 1026 1223 1037 6049(a) 1057, 1058
902(d) 1043 1231 1032, 1035, 6049(c) 1058
9111 1005   1045 6051(d) 1057
911(b) 811 1245 1033–1035 6511 1161
931(a) 1018 1246 1041 6511(b)–(d) 1161
933(1) 1018 1246(b) 1037, 1040, 6532 1161
951–964 1027, 1031   1044 7203 988, 1061,
951 1036, 1042, 1247 1007, 1044   1062
  1043 1341(a) (4), (5) 1142 7515, 7516 1161
951(a) 1019–1025, 1371 970 7701 (a) (19) 979, 1162
  1028 1373 1053 7701 (a) (30) 967, 985,
951(b) 1018 1381–1388 966   986, 1018,
952 1009, 1027 1381–1383 1049, 1054   1037, 1039,
952(a) 1009 1381(a) 965, 1046,   1040, 1045,
952(b) 1017   1048, 1051,   1061
953(a) 1017   1055 7701 (a) (31) 985, 1018
1593

Table 15.—Positive Law Titles of United States Code

(The following titles of the U.S. Code have been enacted into positive law: Titles 1, 3, 4, 6, 9, 10, 13, 14, 17, 18, 23, 28, 32, 35, 37, 38, and 39.)
U.S. Code 76 Stat. U.S. Code 76 Stat.
Title Section Title Section
1 1–5 451 10 5908 488
1 202, 203 686 10 6222 460, 480
1 213 686 10 6371–6410 517
3 1, 2 956 10 6391(h) 509
3 19, 20 956 10 6394(g), (h) 509
10 101 et seq 121 10 6904–6906 461, 479
10 124 513 10 7202 321
10 125 525 10 7204 328
10 141(a) 519 10 7208 329
10 265 319 10 7209(a) 328
10 270(b) 508 10 7426 904
10 5132 506 10 8010 519
10 672 514 10 8012(b) 519
10 687 525 10 8033 319, 457
10 701 482 10 8062(c) 515, 516
10 716 478, 479 10 8263 489
10 742 506 10 8351–8395 517
10 1001–1007 517 10 8496 319, 457
10 1001 509 10 8541 457
10 1161(b) 486 10 8811–8820 517
10 1201–1221 472, 474 10 8841–8855 517
10 1331–1337 459 10 8962(b), (c) 514
10 1431–1446 320 10 9621 (a) 491
10 1552, 1553 948 10 9623 491
10 2208 513, 522 14 1 et seq 121
10 2231–2238 243, 577 14 3, 91 76A:699
10 2301–2314 241 14 435 477
10 2304(a) (11)–(16) 529 14 751–762 312
10 2306(c) 529 14 787 508
10 2307(c) 529 18 1 654
10 2353 331 18 151–155 571
10 2603 244 18 203 1121
10 2665 329 18 205–209 1121
10 2672 328 18 218 1121
10 2673 576 18 1151 955
10 2674 579 18 1503–1505 1121
10 2675 576 18 1913 1211
10 3010 519 18 2381–2391 1110
10 3012(b) 519 18 3041 1099
10 3033 457 18 3056 723
10 3062(b) 515, 516 18 3192 1080
10 3263 489 18 4244–4248 1086
10 3351–3395 517 23 101 et seq 1094
10 3496 457 23 101 1149
10 3541 457 23 104(a) 1094
10 3811–3820 517 23 106 1146, 1147
10 3841–3855 517 23 120 1148
10 4621(a) 491 23 125 1094
10 4623 491 23 131 1095
10 5011 519 23 203 337, 339, 347,
10 5012, 5013 515, 516     1095
10 5031(a) 519 23 204 1095
10 5081 513 23 205 347
10 5505 488 23 209 1095
10 5539 489 23 210 579
10 5596 477 23 212 1146
10 5597 477, 489 23 212(a)(5) 1146
10 5751–5774 487, 488 23 213 1084
10 5769(b) 487 23 309 1094
10 5787 489 23 320 1094
10 5787b 488 28 371–373 1099
10 5788 488 28 375 1099
10 5867 488 28 503 865
10 5891–5912 488, 517 28 1254 785
1594

Table 15.—Positive Law Titles of United States Code—Continued
U.S. Code 76 Stat. U.S. Code 76 Stat.
Title Section Title Section
28 1291 551 38 801–805 733
28 1346 1114 38 902 733, 734
28 1346(b) 950 38 1501–1510 733
28 2112 784 38 1601–1669 733
28 2672 950, 1080, 38 1701–1768 733
    1090, 1103 38 1801–1825 8, 733, 734
28 2677 950 38 1824 734
28   744 38 1901–1905 733, 1198
app.     38 2101–2105 120, 507
28 Rule 45 1172 38 3001 948
      38 3010(d) 950
28 Rule 71A(h) 1086 38 33011 553
app.     38 3401–3405 510
52 316 152, 492 38 3402 511
32 502 458, 492 38 4005 554
32 503–505 152, 457, 458, 38 4101–4115 842
    492 38 4103 309
32 506 457 38 4104 308, 309, 860
32 709 322, 323 38 4107 861
37 201–209 470, 474 38 4111 309
37 201(d) 494 38 4114(a) 308
37 203 454 38 5001, 5002 734
37 204 460, 463, 469, 38 5004 734
    479 39 2102, 2103 109
37 205 453, 454, 457, 39 2201, 2202 313
    467, 468, 479 39 2506 446
37 205(a) (7), (8) 494 39 3101–3582 842
37 206 452, 463, 469, 39 3541(h) 443
    470, 494, 495 39 3542–3544 858
37 207(e) 480 39 3543(j) 855
37 301 465 39 3552 842,
37 302, 303 466     852–856, 858
37 402 (a), (b) 494 39 3553 852, 855’, 856
37 404–407 476 39 3559 857
37 404 475, 490 39 4005, 4006 444
37 404 (a), (b) 490 39 4167 442
37 404(c) 474, 490 39 4167(a) 694
37 404(d) 473, 490 39 4168 442
37 406, 407 475 39 4354–4356 1144
37 409 476 39 4354 833
37 410 476, 479 39 4358 836, 840
37 602 484 39 4359 836
38 301–360 927, 950 39 4362 840
38 331 514 39 6213 446
38 351 948   Canal Zone Code  
38 401–423 950
38 501–562 950
38 601–643 593 2 3 1219
38 631–634 733 2 16 1219
38 641 733 2 85 1218

Table 16.—Reorganization Plan
Year Plan 76 Stat. Year Plan 76 Stat. Year Plan 76 Stat.
1946 No. 3 351 1953 No. 8 1103 1957 No. 1 737
1950 No. 14 85 1954 No. 1 1107    
1595

Table 17.—Veterans’ Regulations
Regulation Part 76 Stat. Regulation Part 76 Stat.
1(a) VIII 733    

Table 18.—Executive Orders and Pro
Number Date 76 Stat. Number Date 76 Stat.
E.O. 9079 Feb. 26, 1942 372 E.O. 10758 Mar. 4, 1958 718
E.O. 9358 July 1, 1943 718 E.O. 10787 Nov. 6, 1958 336
E.O. 10422 Jan. 9, 1953 718, 719 E.O. 10918 Feb. 16; 1961 317
E.O. 10500 Nov. 4, 1953 1218    

Table 19.—Treaties and International Agreements
Treaty or agreement 76 Stat. Treaty or agreement 76 Stat. Treaty or agreement 76 Stat.
TS 226 1082 TS 720 1083 TIAS 1838 697
TS 232 1082 TS 864 1082, 1083 TIAS 2044 923
TS 377 117 TS 945 76A:698 TIAS 2130 1083
TS 455 1082 TS 993 696, 697 TIAS 2490 1108
TS 461 1082 TS 994 1082, 1083 TIAS 5115 434
TS 548 1083 TIAS 1665 340    
1597 SUBJECT INDEX Page Abraham Lincoln, one-hundredth anniversary of first inaugural of; printing of report of joint committee on arrangements 1423 Accounts, Bureau of, appropriation for 310 Adjustment Assistance Advisory Board, creation 901 “Administered Prices, Drugs”, printing of additional copies of report 1416 Administrative Expenses Act of 1946, Amendment, transportation allowances for mobile homes, increase 777 Agate Dam and Reservoir, Oreg., construction authorization 677 Aged:  Chronic diseases and health problems, appropriation for 370  District of Columbia Public Assistance Act of 1962 914  Housing, loan program, appropriation for 730  Public assistance programs, grants to States 178–182, 197–206  Senior Citizens Housing Act of 1962 670 Agricultural Act of 1949, Amendments:  Agricultural commodities, surplus, disposition to school lunch program 611  Barley—   Acreage on summer-fallow farms, feed grain program, 1962 50   Feed grain program, 1963 612  Corn—   Feed grain program, 1963 612   Price support, 1964 crop 614  Dairy products, surplus, reduction of reports on use in veterans hospitals 109  Feed grains program, 1963 612  Milk producers, feed available during emergencies 632  Wheat, 1963 program; price support 615 Agricultural Act of 1954, appropriation for effecting provisions 1209 Agricultural Act of 1956, Amendments:  Agricultural Surplus Disposal Administrator, Department of Agriculture, compensation 849  Textile imports from certain countries, Presidential regulations on 104 Agricultural Act of 1961, Amendments, wheat and feed grains, use of diverted acreage, payment 70 Agricultural Adjustment Act of 1938:  Amendments, acreage allotments and marketing quotas 20, 64, 151, 170, 618–630, 947  Appropriation for effecting provisions 1209  Wheat, deferment of proclamation of 1963 acreage allotments and marketing quotas 69, 103 Agricultural Commodities. See also individual commodities.  Acreage allotments and marketing quotas 20, 64, 69, 70, 103, 151, 170, 618–630, 947  Export Apple and Pear Act, amendment, appropriation for effecting provisions, authorization 676  Feed grains. See separate title.  Hay harvesting on conservation lands in disaster areas 135  Perishable Agricultural Commodities Act, 1930, amendments, licenses; trade names; definitions, etc 673  Rice, enrichment and packaging for distribution under certain Federal aid programs 910  Surplus—   Dairy products used in veterans hospitals, reduction of reports to Congress 109   Sale for foreign currencies 1214   School lunch programs, use of 611  Textiles, Presidential regulations on imports from certain countries 104  Trade agreements with European Eco nomic Community, provisions 874 Agricultural Conservation Program, appropriation for 1210 Agricultural Enabling Amendments Act of 1961, Amendment, wheat program for 1962, withdrawal from storage, penalties 19 Agricultural Marketing Act, Amendment, revolving fund, reduction of 109 Agricultural Marketing Act of 1946, appropriation for effecting provisions 1205, 1207, 12081598 Agricultural Marketing Service, appropriation for 1208 Agricultural Research Service, appropriation for 209, 1203 Agricultural Stabilization and Conservation County Committee Employees, compensation 865 Agricultural Stabilization and Conservation Service, appropriation for 1209 Agricultural Trade Development and Assistance Act of 1954:  Amendments—   Foreign currencies, mobile trade fairs, use of 1074   Surplus agricultural commodities for resale in underdeveloped countries, long-term contracts for purchase of 610  Appropriation for effecting provisions 1081, 1166, 1204, 1209, 1214 Agricultural Workers, family health service clinics for domestic 592 Agriculture, Department of:  Acreage allotments and marketing quotas 20, 64, 69, 70, 103, 151, 170, 618–630, 947  Adjustment Assistance Advisory Board, membership 901  Agricultural Act of 1949. See separate title.  Agricultural Act of 1954, appropriation for effecting provisions 1209  Agricultural Act of 1956, amendments—   Agricultural Surplus Disposal Administrator, compensation 849   Textile imports from certain countries, Presidential regulations on 104  Agricultural Act of 1961, amendments, wheat and feed grains, use of diverted acreage, payment 70  Agricultural Adjustment Act of 1938. See separate title.  Agricultural commodities. See separate title.  Agricultural conservation program, appropriation for 1210  Agricultural Marketing Act, amendment, revolving fund, reduction of 109  Agricultural Marketing Act of 1946, appropriation for effecting provisions 1205, 1207, 1208  Agricultural Marketing Service, appropriation for 1208  Agricultural Research Service, appropriation for 209, 1203  Agricultural Stabilization and Conservation County Committee Employees, compensation 865  Agricultural Stabilization and Conservation Service, appropriation for 1209  Agricultural Trade Development and Assistance Act of 1954. See separate title.  Agriculture and mechanic arts, appropriation for endowment 367  Animal disease control—   Appropriation for 209, 1203, 1204   Greater protection, regulation and cooperation with States 129, 663   Interstate movement of certain diseased livestock and poultry, regulation 762  Appropriation Act, 1963 1203  Appropriation for 125, 209, 254, 346, 427, 672, 1203  Bankhead-Jones Farm Tenant Act, amendments, soil and water conservation programs 607  Bartered materials for supplemental stockpile, appropriation for expenses 1214  Commodity Credit Corporation. See separate title.  Commodity Exchange Authority, appropriation for 1209  Conservation Reserve Program, appropriation for 1211  Consolidated Farmers Home Administration Act of 1961. See separate title.  Cooperative State Experiment Station Service, appropriation for 1205  Corporations, appropriation for 1213  Credit agencies, appropriation for 1212  Economic Research Service, appropriation for 1207  Export Apple and Pear Act, amendment, authorization for appropriation 676  Farm Credit Administration—   Appropriation for 125, 254, 427, 672, 1214   Revolving fund available to banks for cooperatives, reduction of 109  Farmer Cooperative Service, appropriation for 1206  Farmers, clearing of land, tax deduction 1063  Farmers Home Administration—   Appropriation for 209, 1212   Land conveyance, Jasper County, Ga 108   Oyster planters, emergency loans 958   Real estate loans, insurance; increased authorization 908  Federal Crop Insurance Corporation, appropriation for 12131599  Federal Extension Service—   Appropriation for 1205   Distribution and apportionment of funds, revised procedure 745  Federal reservoir projects, modification of leases for recreational facilities 20  Flood prevention, appropriation for 1207  Food and Agriculture Act of 1962 605   Amendment, wheat marketing quota, 1963 program, small farm exemption 909  Foot-and-mouth disease, rinderpest, etc., control and eradication 129  Foreign Agricultural Service, appropriation for 1209  Foreign assistance programs, appropriation for 1214  Foreign currency program, appropriation for purchase 1204, 1209  Forest Service. See separate title.  General administration, appropriation for 1212  General Counsel, Office of the, appropriation for 1211  General provisions, Appropriation Act 1214  Great Plains conservation program, appropriation for 1207  Hatch Act (Experiment Stations) appropriation for effecting provisions 1205  Hay harvesting on conservation lands in disaster areas 135  Honeybees, adult, importation restrictions 169  Information, Office of, appropriation for 1211  International Wheat Agreement Act of 1949—   Amendment, extension 434   Appropriation for effecting provisions 1214  Land conveyances—   Iowa, certain counties, amendment of conveyance provisions 1118   Jasper County, Ga 108   Mount Shasta, Calif 110   Sweetwater County, Wyo 44  Livestock diseases—   Control and eradication 129   Interstate movement, regulations 762  Marketing of products, cooperation with states for regulations 663  Marketing research and service, appropriation for 1208  Meat inspection, appropriation for 1204  Mexican farm labor program, appropriation for 364  Milk program, special—   Appropriation for 1208   Reimbursement of Commodity Credit Corporation 1213  National Agricultural Library, appropriation for 1211  National Forests. See separate title.  National School Lunch Act. See separate title.  Organic Act of 1944, appropriation for effecting provisions 1205–1207, 1211, 1212  Organic Act of 1956, amendment, Forest Service working capital fund, elimination of capitalization limitation 1157  Perishable Agricultural Commodities Act, 1930, amendments, licenses; trade names; definitions, etc 673  Plant and animal disease and pest control—   Appropriation for 209, 1203, 1204   Cooperation with States for regulation 663  Poultry diseases—   Control and eradication 129   Interstate movement, regulation 762  Poultry Products Inspection Act, amendment, Puerto Rico and Virgin Islands, extension to 110  Research and demonstrations, appropriation for 1203, 1208  Rice—   Acreage allotments, transfer 20   Enrichment and packaging for distribution under certain Federal aid programs 910  Rural Electrification Act of 1936, amendment, “telephone service”, expansion of definition for loan purposes 1140  Rural Electrification Administration, appropriation for 1212  Rural Rehabilitation Corporation Trust Liquidation Act, appropriation for effecting provisions 1213  School lunch program—   Appropriation for 1208   Surplus agricultural commodities, use 611  Scientific or professional positions, compensation 864  Smith-Lever Act—   Amendment, agricultural extension work, allocation of funds, etc 745   Appropriation for effecting provisions 1205  Soil Bank Act—   Amendment, conservation lands, harvesting of hay 135   Appropriation for effecting provisions 1209, 1211  Soil Conservation and Domestic Allotment Act. See separate title.  Soil conservation districts, congressional commendation 14181600  Soil Conservation Service, appropriation for 1206  Southern Interstate Nuclear Board, cooperation with 254  Statistical Reporting Service, appropriation for 1208  Sugar Act Amendments of 1962 156  Sugar Act of 1948. See separate title.  Tobacco—   Acreage allotment transfer, extension of time for filing lease 151   Cigar-filler and cigar-binder, transfer by lease of acreage allotments, instruction 947  Trust Territory of Pacific Islands, surplus food commodities, entitlement. 340  Twine, restriction on purchase 348, 1215  Watershed areas, investigations; reports to Congress 438  Watershed Protection and Flood Prevention Act. See separate title.  Wheat. See separate title.  Yearbook of Agriculture, appropriation for 1211 Agriculture and Related Agencies Appropriation Act, 1963 1203 Air Force, Department of the. See also Armed Forces; Defense, Department of.  Aircraft, missiles, etc.—   Appropriation for 325   Procurement authorization 55  Appropriation for 318, 576  Claims for certain damage or injury incident to use of United States property; settlement authority 767  Disbursing officers, common use of facilities 94  Eglin Air Force Base, Fla., legislative jurisdiction over certain lands, retrocession to State 436  Experts or consultants, employment 327  Land conveyance, Robins Air Force Base, Ga 439  Luke-Williams Air Force Range, Ariz., land withdrawal 399  Military construction, 1962, authorization 231  Military Construction Appropriation Act, 1963 576  Military personnel, appropriation for 318  National Guard. See separate title.  Operation and maintenance, appropriation for 321  Pay and allowances—   Appropriation for 318   Quarters, authorization increase 152, 153  “Pay and Allowances of the Uniformed Services”, codification, revision, and enactment into law of title 37 of United States Code 451–502  Prisoners of war, funds available for expenses 328  Reports to Congress, public works, construction costs 235  Research, development, etc., appropriation for 326  Reserve components—   Appropriation for 319, 577   Lump-sum payment for involuntary release; limitation 120, 121  Reserve forces facilities, 1962, authorization 243  Reserve Officers’ Training Corps graduates, acceptance of commission in Coast and Geodetic Survey, authorization 167  Retirement—   Lump-sum payment for involuntary release; limitation 120, 121   Pay—    Appropriation for 320    Uniform computation extended to certain retired personnel 168  Thailand, authorization for attendance of citizen to Air Force Academy 85  Uniform Code of Military Justice, nonjudicial punishment 447  Vessels, transfer between Government agencies 331 Air Force Academy:  American Samoa, Guam, or Virgin Islands, appointment of persons from 547  Funds for construction, restrictions 579  Thailand, attendance of citizen, authorization 85 Air National Guard. See under National Guard. Air Pollution Control:  Appropriation for 371  Motor vehicle exhausts, studies; appropriation authorization 760 Air Transportation of Persons, extension of excise tax 115 Aircraft:  Accident investigation; examination of aircraft; autopsies, etc 921  Loan guaranty program, extension; transfer of authority to Commerce Department 936  Missiles, naval vessels, etc., appropriation authorized 55  Purchase or maintenance for government use; elimination of detailed estimate in annual budget 7751601 Airports:  Dulles International Airport—   Appropriation for 721   Potomac interceptor sewerline, appropriation for 1153  Grants-in-aid to States, appropriation for 720  Washington National Airport, appropriation for 721 Alabama:  Decatur, Northern District, holding court at 246  Elmore County, settlement of claims against United States 1130  Southern Interstate Nuclear Compact, eligibility 253 Alaska:  Cook Inlet, flood control project, authorization 1193  Grants, transitional, appropriation for 351  Highway construction, engineering studies and planning surveys; report to Congress 1149  Hydroelectric power, development 1193  Leasing of lands and mineral resources, appropriation 336  Motor and water carriers, establishment of through routes and joint rates 397  Pacific Marine Fisheries Compact, participation in 763  Public Health Service, commissioned officers, validation of payment of certain allowances 556  Public lands valuable for minerals, disposition with reservation 740  Russian Orthodox Greek Catholic Church, indexing and microfilming of records, appropriation for 692  South Barrow gas field; development, disposition of products 401 Alaska, transfer of vessel to California for biological research 317 Alaska Communication System, appropriation for 323 Alaska Railroad, appropriation for revolving fund 340 Alcoholic Beverage Control Act, District of Columbia, Amendments:  Retailer’s license for serving of alcoholic beverages in restaurants 89  Tax rate increase 17 Alice, documentation of vessel for use in coastwise trade 1345 Aliens. See also Immigration and Naturalization Service and Immigration and Nationality Act.  [Note: For actions concerning Individuals, see Individual Index, following this Subject Index.]  Alien property activities—   Appropriation for 1085   Notice of intent to sell, publication in Federal Register 1114  Deportation suspensions for certain 1247, 1425, 1426  Employment of 1214  Permanent residence status, granting to certain 1426  Skilled specialists and relatives of United States citizens, entry as nonquota immigrants 1247 Allergy and Infectious Disease Activities, appropriation for 211 Alliance for Progress, development assistance, authorization; appropriation 257, 1163 Alumina, duty-free importation, extension 264 Alvin R. Bush Dam, Pa., redesignation of Kettle Creek Dam as 54 American Battle Monuments Commission, appropriation for 126, 254, 427, 672, 1100 American Education Week, 1962, proclamation 1501 American Hospital of Paris, charter extension 557 American Numismatic Association, perpetual succession 54 American Printing House for the Blind, appropriation for 377 American Samoa: Disaster aid, Federal assistance 111  Hospital Survey and Construction Act, application extended to 586, 587  Library Services Act, amendment, application extended to 586, 587  Military academies, appointments of persons to attend 547  National School Lunch Act, amendment, application extended to 586, 587, 944  Public Health Service Act, amendment, application extended to 586, 587  Purchases through General Services Administration, authority 339  Vocational Education Act of 1946, application extended to 586, 587 American Symphony Orchestra League, incorporation 929 Animal Disease Control:  Appropriation for 209, 1203, 1204  Greater protection, regulation and cooperation with States 129, 663  Interstate movement of certain diseased livestock and poultry, regulation 762 Animal Oil, tariff schedule amendments 77 Antibiotics, certification of; records of experience on 785–788 Antietam National Battlefield Site, Md., land exchange 81 Antitrust Civil Process Act 5481602 Antitrust Division, Department of Justice, appropriation for 1086 Antitrust Laws, distribution of stock pursuant to orders enforcing the 4 Appeals, Courts of. See under Courts, United States. Apple and Pear Act, Export, Amendment, appropriation for effecting provisions, authorization 676 Apprenticeship and Training, Bureau of, appropriation for 362 Appropriation Acts:  Agencies, corporations, and departments, general provisions applicable to all 1227  Agriculture Department and related agencies, 1963 1203  Commerce Department, 1963 1089  Continuing Appropriations, 1963 125, 254, 427, 672  Defense Department, 1963 318  District of Columbia, 1963 1150  Executive Office, 1963 315  Foreign aid and related agencies, 1963 1163  General provisions applicable to all 1227  Health, Education, and Welfare, Department of, 1963 366  Independent Offices, 1963 716  Interior Department and related agencies, 1963 335  Judiciary, 1963 1097  Justice, Department of, 1963 1085  Labor, Department of, 1963 361  Legislative Branch, 1963 680  Military Construction Appropriation Act, 1963 576  Post Office Department, 1963 313  Public Works Appropriation Act, 1963 1216  State Department, 1963 1080  Supplemental, 1962 8  Supplemental, 1962, Second 209  Treasury Department, 1963 310 Arbuckle Federal Reclamation Project, Okla., construction authorization 395 Architect of the Capitol:  Appropriation for 126, 254, 427, 672, 688  Buildings and grounds, appropriation for 1098  Compensation 688  Construction tools, use of certain; authorization 307  Contingent expenses, appropriation for 688  Public building sites, consultation with General Services Administration 92 Area Redevelopment Act:  Amendment, grades 16, 17, and 18, provision for positions for certain agencies, repeal 849  Appropriation for effecting provisions 361, 1089 Area Redevelopment Administration, appropriation for 1089 Argentina, sugar quota, proclamation 1494 Arizona:  Colorado River Indian Reservation, leasing of lands 428  Grand Canyon National Park, acquisition of mining claim 79  Luke-Williams Air Force Range, land withdrawal 399  Maricopa County, withdrawal of United States mineral interest in certain lands 750  Pima County, withdrawal of mineral interests 743  Saguaro National Monument, enlargement, proclamation 1437  Statue of Eusibio Francisco Kino, placement in United States Capitol, Statuary Hall; authorization 404 Arkansas:  Chicot County, bridge replacement over Boeuf River 1198  Social Security coverage for certain State and local employees, validation 1202  Southern Interstate Nuclear Compact, eligibility 253 Arkansas-Mississippi Bridge Commission, annual audit report 59, 60 Arkansas River Basin, flood control projects authorization 1185, 1186 Armed Forces. See also individual services.  Aircraft, missiles, etc., appropriation authorized 55  Army, Navy, and Marine Corps, pay and allowances 493, 494  Career Compensation Act of 1949. See separate title.  Claims for certain damage or injury incident to use of United States property, settlement authority 767  Codification of certain recent laws to bring up to date title 10 of the United States Code; repeals 506–527  Dependents Assistance Act of 1950. See separate title.  Disbursing officers, common use of facilities 94  Enlistment—   Members in pay grades E-8 and E-9. authorized daily average 492   Oath 748  Fellowships, scholarships, or grants, acceptance 244  Housing. See separate title.  Leave 492  Medals and decorations. See separate title. 1603  Military academies, appointment of persons from American Samoa, Guam, or Virgin Islands to 547  National Guard. See separate title.  Oath of enlistment 748  Organization of Department of Defense, transfer to title 10 of certain provisions in title 5 of United States Code 514–524  Pay and allowances—   Per diem, travel allowance, increase 111   Quarters allowances, increase 152, 153  “Pay and Allowances of the Uniformed Services”, codification, revision, and enactment into law of title 37 of United States Code 451–502  Procurement—   Contracting authority, extension; justification of decisions 529   Cost data certification 528   Formal advertising policy 528   Negotiation, use of 528  Proficiency flying, restriction on use of funds for 330  Ready Reserve, active duty, Presidential authorization 710  Reserve components—   Lump-sum payment for involuntary release; limitation 120, 121   Reserve Officers’ Training Corps graduates, commission in Coast and Geodetic Survey, authorization 167  Retirement, lump-sum payments for involuntary release; limitation 120, 121  Soldiers’ and Sailors’ Civil Relief Act of 1940, amendment, tax immunity provisions, clarification 768  Uniform Code of Military Justice, nonjudicial punishment 447  Universal Military Training and Service Act—   Amendments—    Reserve Officers’ Training Corps graduates, acceptance of commission in Coast and Geodetic Survey, authorization 167    Technical provisions for clarification 524   Appropriation for effecting provisions 364  Veterans. See separate title. Armed Forces Reserve Act of 1952, Amendment, reserve components, lump-sum payment for involuntary release 120 Armed Forces Voluntary Recruitment Act of 1945, uniform computation of pay for enlisted members retired under 168 Arms Control and Disarmament Agency, United States, appropriation for 126, 254, 427, 672, 1103 Army, Department of the. See also Armed Forces; Defense, Department of.  Aircraft, missiles, etc.—   Appropriation for 324   Procurement authorization 55  Alaska Communication System, appropriation for 323  Appropriation for 210, 318, 576  Beach erosion control. See separate title.  Cemeterial expenses, appropriation for 1100, 1216  Civil functions, appropriation for 1167, 1216  Claims for certain damage or injury incident to use of United States property; settlement authority 767  Crow Creek Sioux Indians, S. Dak., relocation of schools, hospitals, cemeteries, etc 705  Disbursing officers, common use of facilities 94  Engineers, Corps of. See separate title.  Experts or consultants, employment 327  Flood control. See separate title.  Fort Hancock Military Reservation, N.J., legislative jurisdiction over certain lands, retrocession to State 438  Land conveyances—   El Paso, Tex 778   Hunter-Liggett Military Reservation and Camp Roberts, Calif., road right-of-way between 439   Midland, Pa 1179   Santa Rosa Island, Okaloosa County, Fla., elimination of certain restrictions 1138  Lower Brule Sioux Indians, S. Dak., relocation of schools, hospitals, cemeteries, etc 699  Medal of Honor Centennial, U.S. Army, proclamation 1491  Military construction, 1962, authorization 223  Military Construction Act of 1955, amendment, increased authorization for public works projects 230, 239  Military Construction Act of 1958, amendment, increased authorization for public works projects 226  Military Construction Act of 1960, amendment, increased authorization for public works projects 226, 230, 236  Military Construction Act of 1961, amendment, increased authorization for public works projects 2311604  Military Construction Appropriation Act, 1962, continuing appropriations, 1963 126, 254, 427  Military Construction Appropriation Act, 1963 576  Military personnel, appropriation for 318  National Board for the Promotion of Rifle Practice—   Appropriation for 323   Transfer of ammunition by Department of Defense 333  National Guard. See separate title.  Operation and maintenance, appropriation for 320  Pay and allowances—   Appropriation for 318   Enlisted members, allotment of pay, exemptions 152   Quarters, increase 152, 153  “Pay and Allowances of the Uniformed Services”, codification, revision, and enactment into law of title 37 of United States Code 451–502  Prisoners of war, funds available for expenses 328  Reports to Congress. See Reports to under Congress.  Research, development, etc., appropriation for 326  Reserve components—   Appropriation for 319   Lump-sum payments for involuntary release; limitation 120, 121   Military construction, appropriation for 577   Officers and enlisted personnel of 1202d Civil Affairs Group (Reinf Tng), Fort Hamilton, Brooklyn, N.Y., relief of liability to refund certain pay 1071  Reserve forces facilities, 1962, authorization 243  Reserve Officers’ Training Corps graduates, commission in Coast and Geodetic Survey, authorization 167  Retirement, pay—   Appropriation for 320   Lump-sum payment for involuntary release; limitation 120, 121   Uniform computation extended to certain retired personnel 168  Rivers and harbors. See separate title.  Ryukyu Islands, administration of, appropriation for 1167  Uniform Code of Military Justice, nonjudicial punishment 447  Vessels, transfer between Government agencies 331  Watershed areas, investigations; reports to Congress 438 Army and Air Force Vitalization and Retirement Equalization Act of 1948, constructive service for Coast Guard Women’s Reserve qualified under 95 Army Reserve and Retired Personnel Service Law of 1940, appropriation for effecting provisions 364 Art, National Gallery of:  Appropriation for 351  Board of Trustees, nomination of beneficiary of will of Esther C. Schmitt 88 Arthritis and Metabolic Disease Activities, appropriation for 374 Arts, Commission of Fine, appropriation for 348 Atomic Energy, Joint Committee on:  Appropriation for 681  Arrangements for projects, review 605  Southern Interstate Nuclear Board, report 254 Atomic Energy Act of 1954:  Acquisition or construction of plants or facilities, appropriation authorization 599  Amendments—   Advance planning and design, appropriation authorization 411   Advisory Committee on Reactor Safeguards, scope of review of applications 409   Atomic Safety and Licensing Boards, establishment; authorization 409   Hearing requirement, elimination for certain licensing applications 409   Indemnity provisions, extension to cover incidents occurring outside the United States 410   Substitute projects, use of authorized funds 411   Technical amendments 411 Atomic Energy Commission:  Appropriation for 1224  Fellowships, restrictions on persons who advocate overthrow of the Government 1225  General provisions, Public Works Appropriation Act, 1963 1225  Licensing applications, publication of hearing notices in Federal Register 409  Plant or facility acquisition or construction, authorization 599   Appropriation for 1225  Scientific or professional positions, compensation 864  Southern Interstate Nuclear Board, cooperation with 2541605 Atomic Energy Community Act of 1955, Amendment, Los Alamos, N. Mex., disposal of federally owned properties 664 Attorney General. See under Justice, Department of. Attorneys, United States:  Appropriation for 214, 1086  Assistant, compensation 865  Florida, Southern Judicial District, appointment 248 Austria, trade agreement, proclamation 1472 Automation and Manpower, Office of, appropriation for 361 Baker Federal Reclamation Project, Oreg., construction, maintenance, etc 634 Bankhead-Jones Farm Tenant Act, Amendments, soil and water conservation programs 607 Bankruptcy Act, Amendments:  Corporate reorganization, trustees; hearings 574  Courts of bankruptcy, jurisdiction; evidence 570  Creditors, claims, settlement procedure 570  Estates, priority of debts; title to property; appraisers 571, 572  Notices of hearings, etc 574  Railroads, provisions for relief 572  Retired referees’ salaries 559  Trustees, compensation 570  Unregistered securities, use of mails 574 Banks and Banking:  Bank service corporations, stock ownership 1132  Cooperative banks, definition for tax purposes 1161  Export-Import Bank of Washington, appropriation for 1168  Federal Deposit Insurance Act, amendment, foreign government time deposits, exemption from interest ceilings 953  Federal Home Loan Bank Act, amendments—   Multifamily housing loans, advances for 779   Puerto Rico, election of Federal Home Loan Bank Directors 559  Federal Home Loan Bank Board, appropriation for 735  Federal Reserve Act. See separate title.  Federal Reserve branch bank building construction, increased limitation on costs; contract approval by Board of Governors 418  Federal Savings and Loan Associations, investment of assets in multifamily housing 778  Mutual savings banks, bad debt reserves, tax amendments 977  National banks—   Branches in foreign countries, extension of activities 388   Consolidation or merger, retention after 667   Real estate and construction loans, lending limitations 662   Trust powers, authorization by the Comptroller of the Currency 668  Purchase of United States obligations from Treasury Department, authority of Federal Reserve banks extended 112  Real estate and construction loans, lending limitations of national banks 662 Barbara, documentation of vessel for use in coastwise trade 1345 Bar-Ho IV, documentation of vessel for use in coastwise trade 1343 Barley:  Acreage on summer-fallow farms, feed grain program, 1962 50  Feed grain program, 1963 612 Battle of Lake Erie Sesquicentennial Celebration Commission, establishment report to Congress 1244, 1245 Battle of New Orleans Sesquicentennial Celebration Commission, establishment; report to Congress 755, 756 Bauxite, duty-free importation, extension 264 Beach Erosion Control:  Appropriation for 1216  Project construction, authorization; reimbursement of local interests; increased Federal payments 1177 Beers, extension of excise tax rate 114 Belgium:  Citizens, attendance of two at United States Naval Academy, authorization 86  Trade agreement proclamations 1468, 1471 Berlin, congressional determination concerning situation in 1429 Big Sandy River, Ky., restoration of lock and dam 1179 Bill of Rights Day, designation 759 Blind:  American Printing House for the Blind, appropriation for 377  Books, appropriation for 692  District of Columbia Public Assistance Act of 1962 914  Government employees, employment of readers for 408  Library of musical scores, establishment 7631606  Neurology and blindness activities, appropriation for 374  Public assistance programs, grants to States 176, 177, 197–206  Reading and other materials, postal provisions 837–839 Bonds, United States, provisions for qualified purchase plans 826 Bonneville Power Administration, appropriation for 1223 Botanic Garden, appropriation for 690 Boy Scouts of America, loan by the Defense Department of equipment and services for World Jamboree 82 Bretton Woods Agreements Act, Amendments, loans to the International Monetary Fund, currencies or gold purchases 105 Bribery and Graft, penalties; voiding of transactions 1119–1125 Bridges:  Boeuf River, Chicot County, Ark., replacement 1198  Bridge commissions, annual audits; reports 59, 60  Burlington County, N.J.; certain Delaware River bridges, use of funds by owners 140  Cape Hatteras National Seashore, N. C., construction, costs, etc 909  Delaware River and Bay bridges, construction and maintenance of additional 741  Heath Crossing, Tex., bridge across the Rio Grande River, authorization 140  Los Indios, Tex., bridge across the Rio Grande River, authorization 153  Rio Grande City, Tex., bridge across the Rio Grande River, authorization 154 Buck Island Reef National Monument, V.I., establishment, proclamation 1441 Budget, Bureau of the:  Annual budget, elimination of detailed estimate of motor vehicles and aircraft for government use 775  Appropriation for 316  Report by Defense Department on use of real property, etc., in foreign countries 331 Burley Irrigation District, Idaho, amendatory contracts, authorization 90 Business and Defense Services Administration, appropriation for 1090 Business Economics, Office of, appropriation for 1090 Cache National Forest, Utah, appropriation for acquisition of land 347 California:  Alaska, transfer for use as biological research vessel 317  Colorado River Indian Reservation, leasing of lands 428  Hunter-Liggett Military Reservation and Camp Roberts, road right-of-way between 439  International Exposition for Southern California, 1966, congressional recognition 414  Lake Kaweah, designation 264  Los Angeles River Basin, flood control project, authorization 1192  Montgomery County Flood Control and Water Conservation District, land conveyance 439  Mount Shasta, land conveyance 110  Needles, land conveyance 749  Pacific Marine Fisheries Compact, amendment; additional states, participation 763  Playa del Rey Inlet and Harbor, Venice, Calif., redesignated Marina del Rey, Los Angeles 3  Point Reyes National Seashore, establishment 538  Redondo Beach King Harbor, designation 1179  Redwood Creek Basin, flood control project, authorization 1192  Rogue River Basin, flood control project, authorization 1192  Russian River Basin, flood control project, authorization 1192  San Antonio Dam and Reservoir, land exchange 439  San Diego, University of California, land conveyance to 546  San Francisco Bay area, flood control projects, authorization 1191  San Francisco Naval Shipyard, relief of certain civilian employees 1162  Vallejo Unified School District, conveyance of United States interest in land 909  Wildlife management, appropriation for 344 Cameroon, immigration quota, proclamation 1439 Camp Matthews, Calif., certain land conveyances by Navy Department to University of California 546 Canada:  International Boundary Commission, United States and Canada, appropriation for expenses 1083  International Joint Commission, United States and Canada, appropriation for expenses 10831607  Lake Ontario, property damage claims, investigation 387  Trade agreement, proclamation 1472 Canal Zone:  Annuities for certain civilian employees, appropriation for 719  Appropriation for 126, 254, 427, 672, 1099, 1218, 1219  Canal Zone Government, appropriation for 1218  District Courts, judges, appropriation for 1099  Panama Canal Company, appropriation for 1219 Canal Zone Code, revision, codification, and enactment into law. See Volume 76A, United States Statutes at Large. Cancer Control Month. 1962, proclamation 1460 Cancer Progress Year, 1962, designation 86 Cancer Research, appropriation for grants 373 Cannon House Office Building, House of Representatives, designation 71  Cape Hatteras National Seashore, N.C., bridge construction, costs, etc 909 Capitol Buildings and Grounds:  Capitol Police Board, appropriation for 687  Capitol power plant, appropriation for 690  Construction tools, use of certain 307  House office buildings, appropriation for 689  Library buildings and grounds, appropriation for 690  Senate office buildings, appropriation for 689  Statuary Hall, addition of Eusebio Francisco Kino statue 404 Capitol Police, appropriation for 687 Capitol Telephone Operators, compensation, repeal of longevity provision 695 Captive Nations Week, 1962, proclamation 1492 Capulin Mountain National Monument, N. Mex., boundary revision 436 Career Compensation Act of 1949, Amendments:  Allotment of pay by enlisted members for allowances, certain exemptions 152  Allowances for quarters for uniformed services, increase 152  Armed Forces, per diem, travel allowance, increase 111 Carpets, certain, modification of concession and adjustment of duties; delay of effective date 1452, 1457 Carson National Forest, N. Mex., addition of lands 432 Casein or Lactarene, duty-free importation 404 Castor Oil, disposal under Strategic and Critical Materials Stock Piling Act, congressional approval 1420 Celestite, disposal under Strategic and Critical Materials Stock Piling Act, congressional approval 1420 Cemeteries, National, appropriation for expenses 1100, 1216 Census, Bureau of the:  Agriculture, 1964 census of, appropriation for 1091  Appropriation for 1091  Business, transportation, manufactures, and mineral industries, 1963 censuses of, appropriation for 1091  Census reports filed with Bureau, confidential status of company-retained copies 922  Computing equipment, appropriation for modernization of 1091  Eighteenth decennial census, appropriation for 1091  Foreign commerce and trade statistics, collection and publication; repeal of obsolete provisions 951–953  Governments, 1962 census of, appropriation for 1091  Reimbursement between appropriations 104 Center for Cultural and Technical Interchange Between East and West Act of 1960, appropriation for effecting provisions 1084 Chalmette National Historical Park, La., land acquisition 756 Cheese, certain blue-mold, modification of import quota, proclamation 1459 Cherokee Indians, Eastern Band, N.C., lands held in trust for 132 Cherokee Tribe of Indians, Okla., judgment funds, distribution 776 Chestnut Extract, disposition from national stockpile 666, 1427 Chicot County, Ark., bridge replacement over Boeuf River 1198 Chief Joseph Dam Project, Wash., construction authorization 761 Child Health and Human Development, Institute of, establishment 1072 Child Health Day, 1962, proclamation 1497 Child Welfare Services, expansion and improvement 182 Children’s Bureau, appropriation for 376 Chippewa County War Memorial Hospital, Sault Sainte Marie, Mich., duty-free entry of steel for 72 Choctaw Tribe of Indians, property disposition, time extension 4051608 Chromite Ore, disposal under Strategic Page and Critical Materials Stock Piling Act, congressional approval 1420 Cigarettes, extension of excise tax rate 114 Citizenship Day and Constitution Week, 1962, proclamation 1462 Civil Aeronautics Board:  Accident investigation, examination of aircraft, autopsies, etc 921  Air carriers—   Liquidation of contract authorization, appropriation for 718   Supplemental, duties and powers 144  Aircraft loan guaranty program, transfer of authority to Commerce Department 936  Appropriation for 211, 718  Individually ticketed and waybilled services 148 “Civil Defense—1961, Hearings Before a Subcommittee of the Committee on Government Operations, House of Representatives, August 1, 2, 3, 4, 7, 8, and 9, 1961”, printing of additional copies of publication 1416 Civil Defense Functions, appropriation for 126, 254, 427, 672 Civil Rights, Commission on, appropriation for 1101 Civil Service Act, eightieth anniversary, proclamation 1505 Civil Service Commission:  Appropriation for 718  Federal Salary Reform Act of 1962, regulations subject to Presidential policies and rules 842  Investigation of United States citizens for employment by international organizations, appropriation for 718 Civil Service Retirement Act, Amendments, annuities, cost-of-living adjustment 869 Civil War Centennial Commission, appropriation for 351 Claims:  [Note: For actions concerning Individuals, see Individual Index, following this Subject Index.]  Armed Forces settlement authority for damage or injury incident to use of United States property 767  Departments, settlement by, appropriation for 216, 323  District of Columbia, appropriation for settlement of 210  Grand Canyon National Park, Ariz., Orphan Claim, acquisition 79  Hospital and medical care furnished by the United States, recovery from liable third person 593  Japanese-American awards pursuant to evacuation claims, taxation, exclusion from gross income 1067  Korean veterans, unemployment compensation 558  Lake Ontario, property damage, investigation 387  Louisiana, Livingston Parish, land claim of Robert Sibley 88  New York City, reimbursement for rehabilitation of ferry slip 7 19  Philippine war damage, appropriation for 1169  Settlement—   Cuyahoga County, Ohio 1106   Elmore County, Ala 1130  State, Department of, settlement of certain in foreign countries 263  Vested property, heirless, lump-sum settlement of claims of successor organizations 1114  Veterans, filing of notice of disagreement and appeal 553  War Claims Act of 1948. See separate title. Claims, Court of. See. under Courts, United States. Classification Act Amendments of 1962 843 Classification Act of 1949:  Amendments—   Grades 16, 17, and 18, additional positions authorized 848   Reports to the President and Congress, repeal of provision 850   Salary adjustments schedules in Classification Act Amendments of 1962 843–850   Supergrades, transfer to general schedule of certain 850  Virgin Islands, government comptroller, salary established in accordance with 43 Clinton Bridge Commission, Iowa-Ill., annual audit; report 59, 60 Clothespins, modification and withdrawal of duties, proclamation 1469 Coal:  Abandoned anthracite mines in Pennsylvania, financial assistance for sealing of 934  Tariff schedule amendments 77 Coal Mine Safety Board of Review, Federal, appropriation for 348 Coal Research, Office of, appropriation for 342 Coast and Geodetic Survey:  Appropriation for 209, 1091  Leave; pay 4951609  Pay and allowances—   Enlisted members, allotment of pay, exemptions 152   Quarters, increased allowances 152, 153  “Pay and Allowances of the Uniformed Services”, codification, revision, and enactment into law of title 37 of United States Code 451–502  Reserve Officers’ Training Corps graduates, commission in, authorization. 167 Coast Guard. See also Armed Forces; Defense, Department of.  Appropriation for 311  Arms and ammunition purchases, immunity from taxation 142  Certifying officers, relief of certain 588  Claims for certain damage or injury incident to use of United States property; settlement authority 767  Loran stations, appropriation for 577  Medals and decorations, time limit for awards extended 141  Motor vehicles, transfer to title 10 of certain provisions in title 14 of United States Code 511, 526  Pay and allowances—   Basic allowance for certain enlisted members, relief 152, 588   Indebtedness of enlisted members, remission of 141   Medal holders, additional pay, repeal of provision 141   Mediterranean loran program, per diem allowances 928   Quarters, increased allowances 152, 153  “Pay and Allowances of the Uniformed Services”, codification, revision, and enactment into law of title 37 of United States Code 451–502  Reserve components—   Lump-sum payment for involuntary release; limitation 120, 121   Temporary members during World War II, certificates of honorable service 632   Training expenses, appropriation for 312   Women’s Reserve, constructive service 95  Retirement—   Lump-sum payment for involuntary release; limitation 120, 121   Rear admirals, pay 495   Women’s Reserve, constructive service 95  Tuna Conventions Act of 1950, amendment, enforcement activities under 925  Uniform Code of Military Justice, nonjudicial punishment 447  Vessel load lines; establishment, enforcement 415 Cobalt, Cobalt Oxides and Carbonates, disposal under Strategic and Critical Materials Stock Piling Act, congressional approval 1420 Coconut and Palm Oil, temporary suspension of excise tax, extension 1138 Code, United States:  [Note: For amendments and repeals of sections in positive law titles, see Table 5 in “Laws Affected in Volume 76”, preceding this Index.]  Title 5, entitled “Executive Departments and Government Officers and Employees”, transfer to title 10 of provisions relating to organization of Department of Defense” 514–524  Title 10, entitled “Armed Forces”, codification of certain recent laws to bring up to date; repeals 506–526  Title 37, entitled “Pay and Allowances of the Uniformed Services”, codification and enactment into positive law 451–502  Title 39, entitled “The Postal Service”, codification of certain recent laws to bring up to date 442 Colorado:  Fryingpan-Arkansas project, construction authorization 389  Pike National Forest, addition of lands 432  Rifle, oil shale reserves, experimental facility; Interior Department jurisdiction 906  San Juan-Chama reclamation project, construction, operation, etc 97  Southern Ute Indian Tribe, exchange of lands 954 Colorado River Commission, Nev., land conveyance provisions, time extension 804 Colorado River Indian Reservation, Ariz.-Calif., leasing of lands 428 Columbia Basin Project Act, Amendments, farm units, sale of; contracts under, modification, etc 678, 679 Columbia River Basin, flood control projects, authorization 1193 Columbus Day, 1962, proclamation 1506 Commerce, Department of:  Adjustment Assistance Advisory Board, membership 901  Aircraft loan guaranty program, transfer of authority from Civil Aeronautics Board 936  Appropriation Act, 1963 1089  Appropriation for 126, 209, 254, 427, 672, 10891610  Area Redevelopment Administration, appropriation for 1089  Assistant Secretary, additional, authorized 9  Aviation war risk insurance, revolving fund, appropriation for 1089  Bridge commissions, annual audits, report 59, 60  Budget Officer, compensation 849  Business and Defense Services Administration, appropriation for 1090  Business Economics, Office of, appropriation for 1090  Census, Bureau of the. See separate title.  Coast and Geodetic Survey. See separate title.  Export Control Act of 1949. See separate title.  Federal-aid highways (Trust Fund), appropriation for 1094  Field Services, Office of, appropriation for 1090  General administration, appropriation for 1089  General provisions, Appropriation Acts 1097, 1106  Highways. See separate title.  Hydraulic brake fluid standards, regulatory authority 437  Inland Waterways Corporation, appropriation for 1092  International activities, appropriation for 1090  Maritime activities—   Communications equipment of vessels, time extension for inspection 922   Construction-differential subsidies, limitations on; repeal of provisions preferential to Pacific coast builders 1200   Construction reserve funds, time extension for commitment 796   Foreign-flag vessels, transportation of lumber to Puerto Rico; temporary suspension of restriction 1201   Merchant Marine Academy—    Appropriation for 1093    Designation as depository library for government publications 355   Operating-differential subsidies, appropriation for 1092   Research and development, appropriation for 1092   Shipbuilding—    Appropriation for 1092    Construction capability survey; cost, annual report to Congress 1201   State marine schools, appropriation for 1093  Maritime Administration—   Appropriation for 209, 1092   General provisions, Appropriation Act 1093  Merchant Marine Act, 1936. See separate title.  Mobile trade fairs, development and use 1074  National Register of Revoked Motor Vehicle Operators’ Licenses, appropriation for 1094  New York World’s Fair, appropriation for United States participation 210  Patent Office. See separate title.  Pentagon road network (Trust Fund), appropriation for 1095  Public facilities, appropriation for grants 1089  Public Roads, Bureau of. See separate title.  Public Works Acceleration Act 541  Reports to Congress. See Reports to under Congress  Southern Interstate Nuclear Board, cooperation with 254  Standards, National Bureau of—   Appropriation for 1095   Research and technical services, appropriation for 1095   Working Capital Fund, availability of funds 1096  Surveying ships, appropriation for construction 1092  Tariff adjustment assistance program, assistance in 883–892  United States Travel Service, appropriation for 1090  Vessels. See separate title.  War Risk Insurance Fund, authorization for investment of 740  Weather Bureau—   Appropriation for 1096   Meteorological facilities; space satellites, appropriation for 1097 Commerce and Related Agencies Appropriation Act, 1956, Amendment, Budget Officer, Department of Commerce, compensation 849 Commercial Fisheries, Bureau of, appropriation for 3431611 Commission of Fine Arts, appropriation for 348 Commission on Civil Rights, appropriation for 1101 Commissioners, United States, appropriation for fees 214, 1099 Commodity Credit Corporation:  Appropriation for 1213  Cotton, extra long staple, withdrawal from stockpile, sale 218  Feed grains program, payments 614  Funds transferred to Agricultural Stabilization and Conservation Service 1209  International Wheat Agreement Act of 1949, amendment, extension 434  Land-use adjustment, disbursements authorization 607  Milk producers, feed available during emergencies 632  Milk program, special, reimbursement for 1213  Rice, enrichment and packaging for distribution under certain Federal aid programs 910  Wheat. See separate title. Commodity Exchange Act, appropriation for effecting provisions 1209 Commodity Exchange Authority, appropriation for 1209 Communicable Disease Activities, appropriation for 370 Communications Act of 1934:  Amendments—   Educational television broadcasting facilities, grants for 64   Foreign governments, lower-powered radio transmitters in District of Columbia, operation 903   Oath requirements on certain documents, elimination 63   Radio operator licenses, issuance to nationals 64   Radio station licenses, safety and special services field, renewal restrictions eliminated 58   Television receiving apparatus, all-channel capability requirement 150, 151   Vessel communications equipment, time extension for inspection 922   Violations by radio stations, forfeiture 68  Communications Satellite Corporation, applicability of provisions to program 426 Communications Satellite Act of 1962 419 Communications Satellite Corporation, creation; reports to the President and Congress 423, 427 Communism:  Cuba—   Congressional determination concerning situation in 697   Declaration as nation under Communist domination as relating to imports 78  Designated defense facilities restricting employment, elimination of publication in Federal Register 91  Foreign assistance to any Communist country, restriction 261, 1165, 1166  “Manipulation of Public Opinion by Organizations Under Concealed Control of the Communist Party”, printing of additional copies of report 1417  Political propaganda, exclusion from United States mails 840  Registered Communist organizations, ineligibility of members for certain National scholarships 1069, 1070  “Structure and Organization of the Communist Party of the United States”, printing of additional copies of hearings 1425  Trade agreement products, withdrawal of duty-free excise treatment from Communist controlled countries 876  Trade by the free world with Communist-dominated nations, policy statement 127 Communist Chinese Government, congressional statement opposing United Nations membership 1085, 1164 Comptroller General. See under General Accounting Office. Comptroller of the Currency. See under Treasury, Department of. Concurrent Resolutions:  Berlin, congressional determination concerning situation in 1429  Bethel Home Demonstration Club, congressional greetings 1427  Congress—   Adjournment—    House of Representatives 1418    Sine die 1430   Enrolled bills, signing after adjournment 1430   President, joint meeting to receive communication from 1415  Deportation suspensions of certain aliens 1423, 1425, 1426  Enrolled bills, correction—   Agricultural Act of 1956, amendment (H.R. 10788) 1419   American Samoa, extension of application of certain laws to (H.R. 10062) 14251612   District of Columbia schoolchildren, regulation of fares for transportation of (S. 1745) 1419   District of Columbia Tissue Bank Act (S. 2321) 1424   Second Supplemental Appropriation Act, 1962 (H.R. 11038) 1422   Self-Employed Individuals Tax Retirement Act of 1962 (H.R. 10) 1428   United States Park Police, creation of trial boards for (H.R. 8567) 1429   Work Hours Act of 1962 (H.R. 10786) 1423  Federal employees, travel on United States flag air carriers, congressional directive 1428  General of the Army Douglas Mac-Arthur, expression of appreciation 1422  Iran, earthquake disaster, expression of sympathy 1424  John H. Glenn, Jr., Lt. Col., USMC, commendation 1415  Permanent residence status, granting to certain aliens 1426  Publications, printing of additional copies—   Abraham Lincoln, one-hundredth anniversary of first inaugural of, report of joint committee on arrangements 1424   “Administered Prices, Drugs” 1416   “Civil Defense—1961, Hearings Before a Subcommittee of the Committee on Government. Operations, House of Representatives, August 1, 2, 3, 4, 7, 8, and 9, 1961” 1416   Constitution of the United States 1429   “Constitutional Rights of the Mentally Ill” 1421   “Cumulative Index to Publications of the Committee on Un-American Activities, 1938–1954” 1421   Department of Agriculture handling of pooled cotton allotments of Billie Sol Estes, hearings 1427   “Education for All Children—What We Can Learn From England” 1428   “Guide to Subversive Organizations and Publications” 1417   “Hearings on Small Business Problems Created by Petroleum Imports” 1421   “Hearings Relating to H.R. 4700, To Amend Section 11 of the Subversive Activities Control Act of 1950, as Amended (the Fund for Social Analysis)” 1417   Imports and exports, impact on employment, hearings on 1423   “Inaugural Addresses of the Presidents of the United States from George Washington to John F. Kennedy” 1418   “Judicial Review of Veterans’ Claims” 1422   “Manipulation of Public Opinion by Organizations Under Concealed Control of the Communist Party” 1417   “Military Cold War Education and Speech Review Policies” 1424   “Motor Vehicles, Air Pollution and Health” 1422   “Our Flag” 1417   “Report of United States Foreign Policy and Operations” 1415   Revenue Act of 1962, hearings on 1419   Small business problems in the poultry industry, hearings 1418   “State of the Economy and Policies for Full Employment” 1427   “Structure and Organization of the Communist Party of the United States” 1425   “Supplement to Cumulative Index to Publications of the Committee on Un-American Activities—1955 through 1960 (Eighty-fourth, Eighty-fifth, and Eighty-sixth Congresses)” 1421   “The Truth About the Film ‘Operation Abolition’” 1421   Veterans’ Benefits Calculator 1416   Wall map of the United States 1428   “Wiretapping and Eavesdropping Legislation” 1421  Soil conservation districts, congressional acknowledgment 1418  Strategic and critical materials, certain, congressional approval for disposal from national stockpile 1420, 1427  Virginia Dare, three hundred and seventy-fifth anniversary celebration of birth of; appointment of joint committee to represent Congress 1419  Voluntary Overseas Aid Week, proclamation authorization 1416 Conflict-of-interest Statutes:  Applicability, etc 29, 40, 57, 386, 408, 757, 901  Government employees, compensation for or activity in matters affecting Government; personal financial interests; penalties 1121–11241613  Members of Congress, receipt of compensation in matters affecting Government; practice in Court of Claims; penalties 1121, 1122  “Special Government employee”, definition 1121  Violations, voiding of transactions 1125 Congress. See also House of Representatives; Legislative Branch of the Government; Senate.  Adjournment—   House of Representatives 1418   Sine die 1430  Berlin, statement of determination concerning situation in 1429  Communist Chinese Government, congressional statement opposing United Nations membership 1085, 1164  Cuba, determination concerning 697  Eighty-eighth, convention date, January 9, 1963 1143  Enrolled bills, signing after adjournment 1430  Interstate compacts, consent of Congress granted to. See separate title.  Joint committees, congressional. See separate title.  Library of Congress. See separate title.  Members—   Bribery of, penalties 1119   Compensation in matters affecting Government, receipt of; practice in Court of Claims; penalties 121, 1122   Retired, increased annuities 869  Pages, education of, appropriation for 688  President, joint meeting to receive communication from 1415  Public works projects in eligible areas, acceleration 541  Reports to—   Air Force, Department of the, public works, construction, costs 235   Army, Department of the—    Public works, construction, costs 226    Rivers and harbors, navigation, flood control projects, etc 1174, 1175, 1179, 1182, 1183, 1187, 1193   Attorney General—    Alien skilled specialists, approval of petitions for immigrant status 1247    Deportation suspensions 1248   Battle of Lake Erie Sesquicentennial Celebration Commission 1245   Battle of New Orleans Sesquicentennial Celebration Commission 756   Claims, Court of, determination of claims for proceeds from sale of vested property 1115   Commerce, Department of—    Alaska highway study 1149    Mobile trade fairs, development and use 1074    Shipbuilding costs 1201   Communications Satellite Corporation, Communications Satellite Act of 1962, accomplishments 427   Federal Communications Commission, Communications Satellite Act of 1962, activities under 427   Franklin Delano Roosevelt Memorial Commission, design change or modification 1079   General Services Administration, public buildings projects, repeal 87   Health, Education, and Welfare, Department of, manpower requirements, utilization, vocational training survey, etc 33   Interior, Department of the—    Anthracite coal mines in Pennsylvania, sealing of abandoned 935    Colorado River storage project, studies 102    Colorado River system, water study 393    National Fisheries Center and Aquarium 754    Public lands, disposition of mineral and vegetable materials on 588    Roaring Fork River reservoir, Fryingpan-Arkansas project 390   Labor, Department of—    Manpower requirements, utilization, etc 25, 32    Welfare and Pension Plans Disclosure Act, activities under 40   National Aeronautics and Space Administration, research and development, construction, etc., funds 382, 383   National Woman’s Relief Corps, Inc., audit 505   Naval Sea Cadet Corps, Inc., audit 533   Navy, Department of the—    Naval Sea Cadet Corps, Inc., activities 534    Oil shale reserves, contracts 905    Public works, construction, costs 230   North Carolina Tercentenary Celebration Commission 57   Post Office Department and Postal Service, public buildings projects, repeal, etc 87, 836   President of the United States—    Communications satellite system 4261614    Refugee and migration assistance 122    Salary rates of Federal employees 842    Trade agreement program 902   Saint Augustine Quadricentennial Commission 387   Securities and Exchange Commission, study of rules for protection of investors; time extension 247   Small Business Administration loan program 221   State, Department of, long-term financing of United Nations 696   Tariff Commission, United States—    Revised tariff schedules 73    Trade agreement program 902   United States Constitution One Hundred and Seventy-fifth Anniversary Commission 759   Veterans Administration, use of surplus dairy products in hospitals, reduction of reports 109  Trade agreements with Presidential statement, transmission to 876 Congressional Record, postal rate for mailing, repeal of provision 840 Connecticut, Bridgeport, holding court at 221 Consolidated Farmers Home Administration Act of 1961:  Amendments—   Oyster planters, emergency loans 958   Real estate loans, increased limitation, etc 631, 908  Appropriation for effecting provisions 1212 Constitution Day, designation 759 Constitution of the United States:  Citizenship Day and Constitution Week, 1962, proclamation 1462  Distribution of copies to persons entering United States 759  One hundred and seventy-fifth anniversary—   Commission, organization; duties, etc 757   Extension of observance, proclamation 1508  Printing for distribution to immigrants admitted for permanent residence 1429  Proposed amendment relating to the qualifications of electors 1259 “Constitutional Rights of the Mentally Ill”, printing of additional copies of hearings 1421 Consumer Price Index, appropriation for 361 Continuing Appropriations Acts, 1963 125, 254, 427, 672 Contract Work Hours Standards Act 357 Contracts with United States:  Educational institutions, indirect cost reimbursement 437  Liquidated damages withheld from contractors under Contract Work Hours Standards Act 360  Manpower Development and Training Act of 1962, authorization for negotiation under 32  Military construction, restriction on funds 578  Military departments, reports to Congress on contracts awarded 241  Procurement provisions amendments 528  Public buildings projects, appropriation for obligations 725  Public lands, disposition of mineral and vegetable materials on 587  Refugee and migration assistance, authorization 123  Standards of hours of work and pay for employees on work done under 357 Cooperative Forest Management Act, Amendment, increased appropriation authorized for program 569 Coos Bay Wagon Road Grant Lands, expenditures, reimbursement 336 Copper:  Metal scrap importation, duty exemption, nonapplicability 127  Tariff schedule amendments 77 Copyright Office, appropriation for 691 Copyrights:  Divestment of Government interest in certain 1115  Registration, extension of duration of protection 555 Cordage Fibers, disposal under Strategic and Critical Materials Stock Piling Act, congressional approval 1420 Corn:  Feed grains program, 1963 612  Price support for 1964 crop 614 Corporations:  District of Columbia Nonprofit Corporation Act 265  Domestic, tax amendments regarding 999  Expenditures, authorization for, limitations 735  Foreign, tax amendments regarding 977, 1006, 1041, 1059  Government, appropriation acts, general provisions applicable to 1227 Cosmetics, nonapplicability of Drug Amendments of 1962 to 791 Cotton:  Acreage allotments, transfer 64  Extra long staple, withdrawal from stockpile, sale 2181615  Textiles, Presidential regulations on imports from certain countries 104 Court of Military Appeals, appropriation for 324 Courts, United States. See also Justice, Department of.  Administrative Office, appropriation for 1100  Appeals, Courts of—   Appropriation for 214, 1099   Review of Tax Court decisions in renegotiation cases 134  Books, appropriation for 1098  Claims, Court of—   Appropriation for 1098   Contract Work Hours Standards Act, jurisdiction for liquidated damages under 360   Members of Congress, practice before, penalty 1122   Settlement by departments, appropriation for 216   Vested property, claims for proceeds from sale of, jurisdiction; report to Congress 1115  Commissioners, appropriation for fees 214, 1099  Customs and Patent Appeals, Court of—   Appropriation for 1098   Trademarks, appeals procedure 772  Customs Court, appropriation for 1098  District Courts—   Additional quarters and accommodations, provisions for 762   Antitrust Civil Process Act, judicial proceedings 551   Appropriation for 214, 1099   Communications Satellite Act of 1962, inconsistencies with purpose, jurisdiction for relief 426   Designation of quarters at—    Akron, Northern District of Ohio, Eastern Division 959    Bridgeport, Conn 221    Decatur, Northern District, Ala 246    Fort Meyers, Fla., Middle District 248    Fort Pierce, Fla., Southern District 248    Marshall Division, Eastern District, Tex 247    Richland, Eastern District of Washington, Southern Division 598    Saint Petersburg, Fla., Middle District 248    West Palm Beach, Fla., Southern District 248    Winchester Division, Eastern District, Tenn 222   Florida, Middle District, addition 247   Gambling Devices Act of 1962, jurisdiction under 1077   Government officials, action against, jurisdiction 744   Indian lands, compensation from damages, jurisdiction 702, 709   Interstate compact water pollution disputes, jurisdiction 957   Menominee County, inclusion in Eastern District, Wis 307   Missouri, Western District, transfer of certain counties from Western Division to St. Joseph Division 85   Settlement by departments, appropriation for 216   Sugar, collecting of fees, jurisdiction 166   Tuna Conventions Act of 1950, amendment, enforcement activities under 925   Welfare and Pension Plans Disclosure Act, jurisdiction under 38  District of Columbia. See Courts under District of Columbia.  Facilities, additional, appropriation for 212, 725  General provisions, Judiciary Appropriation Act, 1963 1100, 1106  Jurors, appropriation for fees 214, 1099  Marshals, United States—   Appropriation for 214, 1086   Fees for services, increase 417   Florida, Southern Judicial District, appointment 248  Officials, employees, and court reporters of Judicial Branch, compensation, increase 866  Referees—   Appropriation for 214, 1100   Retired, salaries for services in bankruptcy court 559  Supreme Court of the United States—   Appeals from United States Court of Appeals improvidently taken 556   Appropriation for 214, 1097   Chief Justice and Associates, appropriation for 1097, 1098   Printing and binding, appropriation for 1098  Tax Court of the United States—   Appropriation for 213, 317   Overpayment of taxes, additional conditions for refund determination 1161   Renegotiation case decisions, appellate review of 134  Travel and miscellaneous expenses, appropriation for 1099 Crab Orchard National Wildlife Refuge, appropriation for operation of industrial properties 3441616 Crimes and Misdemeanors:  Aircraft accident investigation, penalties for interference 921  Antitrust laws, obstruction of proceedings; penalties for violations 551, 552  Bribery of public officials and witnesses, penalties 1119  Conflict-of-interest statutes, penalties for violations 1121–1125  Contract Work Hours Standards Act, penalties for violations under 359  Cuyahoga County, Ohio, claims settlement, penalty for violations 1106  District of Columbia, capital punishment, mandatory, abolishment 46  District of Columbia emblems and insignia, penalty for misuse by private detective and collection agencies 1071  District of Columbia Public Assistance Act of 1962, penalties for violations 917  District of Columbia Real Estate Deed Recordation Tax Act, penalties under 14, 16, 17  District of Columbia Tissue Bank Act, penalties for violations under 535  Elmore County, Ala., claims settlement, penalty for violations 1130  Export Control Act of 1949, amendments, increased penalties for violations 128  Federal Aviation Act of 1958, amendments, postal offenses, penalties 149  Federal prisoners, discharge date 552  Fellowships, restrictions on persons who advocate overthrow of the Government 1225  Fish and wildlife conservation areas, violation of regulations 654  Foreign commerce and trade statistics, penalties for failure to file 952  Gambling Devices Act of 1962, violations 1075  Golden Eagles, taking, selling, etc., penalty 1246  Government employees—   Citizenship status information, penalty for false 1227   Travel or transportation of personal property on foreign-flag vessels at reduced rates, restriction; penalty for violation 1201  Guam, interstate compacts between States for prevention of crime, authorization 9  Hatch Act (political activities), penalties for violations, modification 750  Hydraulic brake fluid standards, penalties for violations 437  Livestock and poultry diseases, violations against regulations, penalties 131  National Defense Education Act of 1958, amendment, penalties for violations 1070  National forest lands, revision of penalties for damage or misuse of 1157  National Science Foundation Act of 1950, amendment, penalties for violations 1069  Overthrow of the Government, clarification of “organize” 103  Philippine war damage claims settlement, penalties for violations 413  Phonograph records with counterfeit labels, transportation or sale of; penalties 775  Taxes, employees under qualified bond purchase plans, penalty for fraudulent information 831  Threats against successors to Presidency and Vice President-elect, penalties for 956  Tokens, slugs, disks, or paper similar to money, prohibition against use 555  Trade Expansion Act of 1962, penalties for violations 892, 897  Tuna Conventions Act of 1950, amendment, penalties for violations 924, 925  Vessel load lines, increased penalties for violations 415  Welfare and Pension Plans Disclosure Act, theft or embezzlement, false statements, etc.; offer to influence operation, penalties 41, 42  Wheat marketing restrictions, penalties for violations 629  World War II losses, certain, claims settlement, penalties for violations 1112 Crow Creek Sioux Indians, S. Dak., lands for Big Bend Dam and Reservoir project, reimbursement 704 Cuba:  Congressional determination concerning 697  Foreign assistance, suspension of 260  Migration and Refugee Assistance Act of 1962 121  Restrictions on foreign aid to countries assisting 1165  Sugar quota, proclamation 1438  Tariff treatment of Cuban products 78  Trade embargo, proclamation 1446 Cultural and Technical Interchange Between East and West, Center for, appropriation for 1084 Cultural Center Week, National, 1962, designation 9101617 “Cumulative Index to Publications of the Committee on Un-American Activities, 1938–1954”, printing of additional copies of publication 1421 Customs, Bureau of:  Appropriation for 310  Bonding of freight forwarders and contract carriers 400, 1130  Facilities fund, increased limitation 87  Tuna Conventions Act of 1950, amendment, enforcement activities under 925 Customs and Patent Appeals, Court of:  Appropriation for 1098  Trademarks, appeals procedure 772 Customs Court, United States, appropriation for 1098 Customs Duties. See Imports Cuyahoga County, Ohio, settlement of claims 1106 Dairy Products, reports to Congress by Veterans Administration on use of, reduction 109 DB 8, documentation of vessel for use in coastwise trade 1345 Deaf:  Appropriation for expansion of teaching of 368  Captioned films, production and distribution 654 Deeds, Commissioners of, D.C., removal 594 Defense, Department of. See also Armed Forces and individual services. American small business, assistance 329  Appropriation Act, 1963 318  Appropriation for 125, 210, 254, 318, 576, 717  Boy Scouts of America, loan of equipment and services for World Jamboree 82  Citizenship requirement, nonapplicability to personnel 328  Civil defense activities, appropriation for 717  Civil functions, appropriation for 210, 1216  Claims—   Appropriation for settlement 323   Damage or injury incident to use of United States property; settlement authority 767  Commercial air transportation, reimbursement of Post Office Department for 332  Commissary stores, restriction on funds for operation 330  Congressional liaison activities, funds available for 333  Contingencies, appropriation for 323  Court of Military Appeals, appropriation for 324  Designated defense facilities restricting employment of members of communist organizations, elimination of publication in Federal Register 91  Disbursing officers, common use of facilities, approval of regulations 94  Emergency Fund—   Appropriation for 327   Transfer of funds, authorization; report 334  Enlistments, appointments, extension of periods of service 710  Experts or consultants, employment 327  Family housing management account—   Administration 237   Appropriation for 577, 579  General provisions, Appropriation Acts 327, 717  Grades 16, 17, and 18, additional positions authorized 849  Household goods, restriction on use of funds for transportation 331  Land acquisition, funds available for 328  Luke-Williams Air Force Range, Ariz., land withdrawal, approval 399  Military construction—   Authorization 223   Appropriation for 577  Military Construction Appropriation Act, 1963 576  Military personnel, appropriation for 318, 330  National Board for the Promotion of Rifle Practice, transfer of ammunition 333  Operation and maintenance, appropriation for 320  Organization, transfer to title 10 of certain provisions in title 5 of United States Code 514–524  “Pay and Allowances of the Uniformed Services”, codification, revision, and enactment into law of title 37 of United States Code 451–502  Proficiency flying, restriction on use of funds for 330  Research, development, etc., appropriation for 327, 331, 717  Reserve Forces Act of 1955, appropriation for effecting provisions 364  Reserve forces facilities, 1962, authorization 243  Retired pay, appropriation for 320  Schooling for dependents, funds available for 3281618  Scientific and professional positions, salary revisions 863  United States Soldier’s Home, appropriation for 210, 380 Defense Department Appropriation Act, 1963 318 Defense Production Act of 1950, Amendment, extension 112 Delaware:  Delaware River and Bay bridges, construction and maintenance of additional 741  Interstate compact with New Jersey 560  Southern Interstate Nuclear Compact, eligibility 253 Delaware-New Jersey Compact 560 Delaware River Basin, flood control projects, authorization 1182 Delaware River Basin Commission, appropriation for 211, 1226 Denmark, trade agreement, proclamation 1471 Dental Services and Resources, appropriation for 371, 374 Dependents Assistance Act of 1950:  Amendments—   Allowances for quarters for uniformed services, increase for certain pay grades 153   Determination of dependents; basic allowance for quarters 496   Training duty, applicability of provisions 153  Appropriation for effecting provisions of 211, 375 Depository Library Act of 1962 352 Diphtheria, vaccination program, grants to States 1155 Disabled and Aged:  District of Columbia Public Assistance Act of 1962 914  Public assistance programs, grants to states 178–182, 197–206 Disaster Relief:  Appropriation for 211  Federal assistance to Guam, American Samoa, and the Trust Territory of the Pacific Islands 111  Income tax deductions for casualty losses in designated areas 51  Loans—   Appropriation for 213   Increased appropriation authorization 220  Oyster planters, emergency loans 958 Distilled Spirits, extension of excise tax rate 114 District Courts. See under Courts, United States. District of Columbia:  Alcoholic Beverage Control Act, amendments—   Retailer’s license for serving of alcoholic beverages in restaurants 89   Tax rate increase 17  American Symphony Orchestra League, incorporation 929  Appropriation Act, 1963 1150  Appropriation for 125, 210, 254, 427, 672, 1150  Assessment of property for repair of sidewalks and alleys, relief 598  Buildings and Grounds, Department of, limitation for Construction Services, increase 1155  Capital outlay, appropriation for 1152  Capital punishment, mandatory, abolishment 46  Claims and suits, appropriation for 210  Commissioners, Board of—   Contracting officers, delegation of increased authority 910   Subsidy to common carriers for transportation of school children at reduced fares, payment of 113   Tissue bank licenses and regulations 535  Commissioners of Deeds, removal 594  Courts—   Appeals, Court of, designation; formerly Municipal Court of Appeals 1172   General Sessions, Court of, designation; formerly, Municipal Court; increased jurisdiction 1171   Juvenile Court—    Additional judges, appointment of two 21    Chief judge, appointment 398   Marshals’ fees; repeal of former provisions 417–418   Municipal Court, Chief Judge; appointment by President, with advice and consent of Senate 398   Municipal Court of Appeals, Chief Judge; appointment by President, with advice and consent of Senate 398   Register of Wills, Office of, appropriation for 1099  Deeds, Commissioners of, removal 594  Education, appropriation for 1151  Emblems and insignia, penalty for misuse by private detective and collection agencies 1071  Federal payment to 1150  Firemen—   Fire Marshal aide, reclassification of position 1242   Longevity step increases, limitation 1243   Promotions or transfers, adjustment of compensation 12431619   Salary schedule; service and longevity step adjustments 1239, 1240   Survivors’ benefits, extension 402   Workweek; pay; leave 596  Foreign governments, radio transmitters, operation 903  Franklin Delano Roosevelt Memorial, design change or modification 1079  Fraternal beneficial associations, elimination of certain restrictions 752  Frederick Douglass Home, establishment as part of park system in the National Capital 435  General provisions, Appropriation Act 1153  General Services Administration use of public space for construction 385  Gifts to minors, amendment to make uniform 938  Health and welfare, appropriation for 1152  Highways and traffic, appropriation for 1152  Hospitals. See District of Columbia under Hospitals.  Hungarian Reformed Federation of America, provision for benefits for members 752  Insurance, credit life, accident and health insurance, regulation 580  Insurance company funds, investment in obligations of Inter-American Development Bank 715  International Monetary Fund headquarters expansion, acquisition of certain property 222  Life Insurance Act, amendments—   Credit unions, group life insurance, policies, exemption from certain standard provisions 715   Valuation standards, nonforfeiture values, calculation; use of modern mortality tables 711   Veterans’ organizations, eligibility for group policies 1131  Metropolitan Area Sanitary Sewage Works Fund, Federal contribution and loans to 1150  Metropolitan police. See Metropolitan under Police.  Motor vehicle learners’ permits, fee increase 710  Motor vehicle operators’ permits, restoration fees 742  Motor vehicle parking facilities, use of moneys 17  Murder, first and second degree, punishment 46  National Capital Housing Authority, appropriation for 731  National Fisheries Center and Aquarium, construction, operation, etc.; establishment of Advisory Board 752, 753  National Woman’s Relief Corps, Auxiliary to the Grand Army of the Republic, incorporation 502  National Zoological Park, appropriation for 351  Naval Sea Cadet Corps, incorporation 530  Nonprofit Corporation Act 265  Operating expenses, appropriation for 210, 1150  Parks and recreation, appropriation for 1152  Partnership Act, Uniform 636  Partnership Act, Uniform Limited 655  Police, Metropolitan. See Metropolitan under Police.  Potomac interceptor sewerline, appropriation for 1153  Prince William County, Va., sale of property owned by 92  Public Assistance Act of 1962 914  Public Buildings Act of 1959, amendment, limitation of area for public buildings sites, removal 92  Public safety, appropriation for 210, 1151  Public Welfare, Department of—   Controller, compensation 1155   Investigators, and supervisors of, compensation 1155  Sanitary engineering, appropriation for 1152  Taxes—   Alcoholic beverages tax, increase 17   Income and franchise taxes, payment 10   Real estate deed and recordation tax 11   Sales tax, increase 10   Use tax, increase 10  Teachers—   District ot Columbia Salary Act of 1955, amendments 1229   Retirement annuity benefits, increase; future adjustment provisions; extension of survivors benefits for certain students 1235–1238  Transportation of school children at reduced fares, payment of subsidy to common carriers 113  Unemployment compensation, employer contribution, experience rating period; classification of employers 633  Uniform Limited Partnership Act 655  Uniform Partnership Act 636  Washington Metropolitan Area Transit Regulation Compact, amendments, geographical jurisdiction and transportation covered, extension 764  Water rent rates and sanitary sewer service charges, increase 171620 District of Columbia Alcoholic Beverage Control Act, Amendments:  Retailer’s license for serving of alcoholic beverages in restaurants 89  Tax rate increase 17 District of Columbia Appropriation Act, 1963 1150 District of Columbia Income and Franchise Tax Act of 1947, Amendment, payment in full 10 District of Columbia Motor Vehicle Parking Facility Act of 1942, Amendments, use of moneys collected under 18 District of Columbia Nonprofit Corporation Act 265 District of Columbia Police and Firemen’s Salary Act of 1953, Amendment, computation of pay 596 District of Columbia Police and Firemen’s Salary Act of 1958, Amendments:  Fire Marshal aide, reclassification of position 1242  Longevity step increases, limitation 1243  Promotions or transfers, adjustment of compensation 1243  Salary schedule; service and longevity step adjustments 1239, 1240 District of Columbia Public Assistance Act of 1962 914 District of Columbia Public Works Act of 1954, Amendment, water rent rates and sanitary sewer service charges, increase 17 District of Columbia Real Estate Deed Recordation Tax Act 11 District of Columbia Sales Tax Act, Amendments, increase 10 District of Columbia Teachers’ Salary Act of 1955, Amendments:  Leave provisions, applicability to certain employees 1235  Salary schedules 1229  Summer, evening, and Americanization schools, salary schedules 1234  Titles and classes of positions; assignments, promotions, etc 1231–1234 District of Columbia Tissue Bank Act 534 District of Columbia Traffic Act, 1925, Amendments, motor vehicle learners’ and operators’ permits, fees 710, 742 District of Columbia Unemployment Compensation Act, Amendments:  Dependents weekly benefit amount; maximum benefit amount; eligibility 48, 49  Employer contributions—   Credits; reserve; voluntary contributions 46–48  Experience rating period; classification of employers 633 District of Columbia Uniform Gifts to Minors Act 938 District of Columbia Use Tax Act, Amendment, increase 10 Doctors, Dentists, and Nurses, Veterans Administration, pay schedules 859 Dominican Republic, sugar quota, proclamation 1494 Douglass Home, Frederick, establishment as part of park system of the National Capital 435 Drug Amendments of 1962 780 Dulles International Airport:  Appropriation for 721  Potomac interceptor sewerline, appropriation for 1153 East Columbia Basin Irrigation District, Wash., amendatory repayment contract, authorization 677 Economic Advisers, Council of, appropriation for 316 Economic Research Service, appropriation for 1207 Edison National Historic Site, N.J., designation 428 Education. See also Schools and Colleges.  American Education Week, 1962, proclamation 1501  American Samoa, application of certain laws extended to 586, 587, 944  Blind. See separate title.  Deaf—   Appropriation for expansion of teaching of 368   Captioned films, production and distribution 654  Defense educational activities, appropriation for 367  Mentally and physically retarded—   Appropriation for expansion in education of teachers for 368   Schools for, eligibility to receive surplus Government property 805  Mutual Educational and Cultural Exchange Act of 1961. See separate title.  National Commission on Educational, Scientific, and Cultural Cooperation, appropriation for 1080  National Defense Education Act of 1958—   Amendment, scholarship applications, criminal record information; ineligibility of members of registered Communist organizations 1070   Appropriation for grants and loans under 367, 11511621  National Science Foundation Act of 1950, amendment, scholarship applications, criminal record information; ineligibility of members of registered Communist organizations 1069  Office of. See Education, Office of.  Postal policy provisions, clarification 837  Research, surveys, and demonstrations, appropriation for 368  Television and radio stations—   Facilities, grants for 64   Surplus government property, eligibility to receive 805   Veterans educational assistance, time extension in certain cases 926–928   Vocational education—    Appropriation for 366    Federal Prison Industries, Inc., limitation of funds for 1105    Manpower Development and Training Act of 1962 23   Vocational Education Act of 1946, appropriation for effecting provisions 366   War orphans’ educational assistance—    Age limitation, extension 935    Eligibility, extension of time limitation in certain cases 926, 927    Enrollment in foreign educational institutions; approval, limitations 216 Education, Office of:  Appropriation for 211, 366  Blind. See separate title.  Deaf—   Appropriation for expansion of teaching of 368   Captioned films, production and distribution 654  Defense educational activities, appropriation for 367  Library services, appropriation for grants to States 367, 368  National Defense Education Act of 1958—   Amendment, scholarship applications, criminal record information; ineligibility of members of registered Communist organizations 1070   Appropriation for grants and loans under 367, 1151  School construction in federally affected areas, extension; increased funds authorized 367  School districts, appropriation for payments 211, 367  Television broadcasting facilities, grants for 64  Vocational education. See under Education. “Education for All Children—What We Can Learn From England”, printing of additional copies of hearings 1428 Eglin Air Force Base, Fla., legislative jurisdiction over certain lands, retrocession to State 436 El Paso, Tex., land conveyance to city by Department of the Army 778 El Salvador, trade agreement proclamation 1490 Elmore County, Ala., settlement of claims against United States 1130 Emergency Planning, Office of:  Appropriation for 126, 254, 427, 672, 716  Federal Civil Defense Act of 1950, amendment, extension of emergency authorities 111  Trade agreements with foreign countries, investigations regarding national security 877 Employee Welfare and Pension Benefit Plans, Advisory Council on, establishment 40 Employees’ Compensation, Bureau of, appropriation for 365 Employees’ Compensation Appeals Board, appropriation for 365 Employment Security, Bureau of, appropriation for 362 Engineers, Corps of:  Administrative provisions, Public Works Appropriation Act, 1963 1218  Appropriation for 210  Beach erosion control—   Appropriation for 1216   Project construction, authorization; reimbursement of local interests; increased Federal payments 1177  Bridges. See separate title.  Civil functions, appropriation for 1216  Construction, investigations, operation, etc., appropriation for 1216, 1217  Contracts with the United States, military installations, supervision 241  Flood control. See separate title.  Rivers and harbors. See separate title. Engraving and Printing, Bureau of, appropriation for 310 European Economic Community:  Trade agreement, proclamation 1472  Trade Expansion Act of 1962, special provisions concerning 873 European Fowl Pest, provisions for greater protection against 129 European Migration, Intergovernmental Committee for, authorization for United States participation 1211622 Executive Office of the President:  Appropriation Act, 1963 315  Appropriation for 126, 254, 315, 427, 716  Science and Technology, Office of—   Appropriation for 126, 254, 427, 672, 717   Establishment; Director and Deputy Director, appointment, compensation 1253 Exhibitions, Special International, appropriation for 1104 Export Apple and Pear Act, Amendment, appropriation for effecting provisions, authorization 676 Export Control Act of 1949:  Amendments—   Extension 127   Trade with Communist-dominated nations, security control policy 127  Appropriation for effecting provisions 1089  Cuban trade embargo under, proclamation 1446 Export-Import Bank of Washington, appropriation for 1168 Expositions Abroad, United States participation in 263 Fair Labor Standards Act of 1938, appropriation for effecting provisions 365 Farm-City Week, 1962, National, proclamation 1504 Farm Credit Administration:  Appropriation for 125, 254, 427, 672, 1214  Revolving fund available to banks for cooperatives, reduction of 109 Farm Safety Week, 1962, National, proclamation 1450 Farmer Cooperative Service, appropriation for 1206 Farmers, clearing of land, tax deduction 1063 Farmers Home Administration:  Appropriation for 209, 1212  Land conveyance, Jasper County, Ga 108  Oyster planters, emergency loans 958  Real estate loans, insurance; increased authorization 908 Federal-Aid Highway Act of 1962 1145 Federal Airport Act, appropriation for effecting provisions 720 Federal Aviation Act of 1958:  Amendments—   Accidents involving civil aircraft, investigation; examination of aircraft, autopsies, etc 921   Air carriers, supplemental—    Certificates, issuance, terms and conditions 143    Civil penalties 149    Continuation of operations 147    Interim operating authority 146    Special operating authorizations 145    Subsidy, ineligibility 145   Commerce Department aircraft loan guaranties, exemption from Civil Aeronautics Board approval requirement 936 Federal Aviation Agency:  Appropriation for 720  Civil supersonic aircraft development, appropriation for 721  General provision, Appropriation Act 721  Grants-in-aid for airports, appropriation for 720  Hawaii, sale of certain real property; agency consent required 530  Scientific or professional positions, compensation 864 Federal Bureau of Investigation:  Aircraft accident investigation assistance 921  Appropriation for 1086  Gambling Devices Act of 1962, access to records required by 1077 Federal Civil Defense Act of 1950, Amendment, emergency authorities for civil defense, extension 111 Federal Coal Mine Safety Board of Review, appropriation for 348 Federal Communications Commission:  Appropriation for 722  Communications satellite system, research and development, etc., assistance; report 422, 427  Educational television broadcasting, assistance in 67  Forfeitures for certain violations by radio stations 68  Oath requirements on certain documents filed with, elimination 63  Television receiving apparatus, authority to require all-channel capability 150, 151 Federal Crop Insurance Corporation, appropriation for 1213 Federal Deposit Insurance Act, Amendment, foreign government time deposits, exemption from interest ceilings 953 Federal Deposit Insurance Corporation, Board of Directors, supervisory authority over bank service corporations 1132 Federal Employees’ Compensation Act, appropriation for effecting provisions 3641623 Federal Employees’ Group Life Insurance Act of 1954, Amendment, insurance amounts, escheat to insurance fund 406 Federal Food, Drug, and Cosmetic Act:  Amendments, drugs—   Advertisements, prescription drug 791   Antibiotics, certification, records, etc 785–788   Cosmetics, nonapplicability of provisions to 791   Establishments and patent information, registration of 793   Factory inspection and effect on State laws 792   Names, standardization of; labeling 789–791   Physicians, information by manufacturers to 791   Safety, effectiveness, and reliability of new drugs, controls; records 780–789  Appropriation for effecting provisions 366 Federal Home Loan Bank Act, Amendments:  Multifamily housing loans, advances for 779  Puerto Rico, election of Federal Home Loan Bank Directors 559 Federal Home Loan Bank Board, appropriation for 735 Federal Maritime Commission, appropriation for 126, 254, 427, 672, 1101 Federal Mediation and Conciliation Service, appropriation for 380 Federal Power Act, Amendment, exemption of small hydroelectric projects from certain licensing requirements 447 Federal Power Commission:  Appropriation for 722  Hydroelectric projects, small; exemption from certain licensing requirements 447  Natural gas for industrial users, suspension of rates 72 Federal Prison Industries, Inc., appropriation for 1105 Federal Prison System:  Appropriation for 215, 1087  Board of Parole, additional positions of members of 849  Bureau of Prisons—   Additional positions 849, 850   Appropriation for 1087   Juvenile delinquents committed by the Court to the custody of the Attorney General, study 52  Discharged or paroled prisoners, increased gratuity 557  Federal prisoners, discharge date 552  United States prisoners, appropriation for support 215, 1088 Federal Property and Administrative Services Act of 1949:  Amendments—   Federal telecommunications fund, establishment 1117   General Supply Fund; financing of transportation costs, etc 401   Oaths, administration by certain General Services Administration employees 414   Property transferred from Reconstruction Finance Corporation, payment in lieu of taxes, extension 805   Surplus personal property; donation to certain eligible educational institutions 805   Technical amendments 78  Funds for effecting provisions 378 Federal Register:  Printing, binding and distribution, appropriation for 693  Publication in—   Alien property, notice of intent to sell 1114   Atomic Energy Commission, licensing applications, hearing notices 409   Chestnut extract, disposition without regard to Strategic and Critical Materials Stock Piling Act 666   Communist nations or countries assisting Cuba, economic assistance to; presidential determination 1165, 1166   Conflict-of-interest statutes, determination of exemption from 1123–1125   Designated defense facilities restricting employment of members of Communist organizations, elimination of 91   Foreign Claims Settlement Commission, time for filing claims for property damage on Lake Ontario 387   Frederick Douglass Home, memorial 435   Hydraulic brake fluid standards 437   Interior, Department of the, tuna conservation regulations 923   Interstate commerce, notice of application to engage in 911   Lincoln Boyhood National Memorial, Ind., establishment 9   Navajo Indian irrigation project, N. Mex., lands held in trust 961624   Padre Island National Seashore, Tex., establishment 651   Petersburg National Battlefield, Va., land acquisition 403   Philippine war damage claims, time for filing applications 412   Point Reyes National Seashore, Calif., establishment 540   Ponca Tribe of Native Americans of Nebraska, division of tribal assets; termination of Federal supervision 429, 431   Public lands, Needles, Calif 750   Sagamore Hill National Historic Site, N.Y., establishment 217   Small Business loans to import-injured firms, authorization for; effective date 221   Sugar regulations 164, 165, 167   Tariff adjustment assistance program 885   Theodore Roosevelt Birthplace National Historic Site, establishment 217   Trade agreement proclamation notifications 1473, 1475   Trademarks, certain, divestment of Government interest in 1139, 1140   Wheat, national marketing quota, referendum 621   World War II losses, filing of applications for claims settlement 1111 Federal Regulations, Code of, appropriation for printing and binding 693 Federal Reserve Act, Amendments:  Branch bank building construction, increased limitation on costs; contract approval by Board of Governors 418  Foreign government time deposits, exemption from interest ceilings 953  National bank branches in foreign countries, extension of activities 388  Purchase of United States obligations from Treasury Department, extension of authority 112  Real estate and construction loans, lending limitations of national banks 662 Federal Reserve System, Board of Governors, bank service corporations, supervisory authority 1132 Federal Salary Reform Act of 1962 841 Federal Savings and Loan Associations, investment of assets in multifamily housing 778 Federal Savings and Loan Insurance Corporation, appropriation for, limitations 736 Federal Supply Service, appropriation for 725 Federal Trade Commission, appropriation for 722 Federal Water Pollution Control Act, appropriation for effecting provisions 372 Feed Grains:  Acreage allotments, use of diverted 70  Barley, acreage on summer-fallow farms, feed grains program, 1962 50  Program, 1963 612 Ferromanganese and Electrolytic Manganese Metal, disposal under Strategic and Critical Materials Stock Piling Act, congressional approval 1420 Ferrovanadium, disposal under Strategic and Critical Materials Stock Piling Act, congressional approval 1420 Fine Arts, Commission of:  Appropriation for 348  Franklin Delano Roosevelt memorial, advice and assistance 1079 Finland, trade agreement, proclamation 1471 Fire Prevention Week, 1962, proclamation 1493 First World Conference on National Parks, cooperation of the Interior Department 112 Fish and Wildlife Act of 1956, Amendment, Commissioner of Fish and Wildlife, Department of Interior, compensation 849 Fish and Wildlife Service:  Agate Dam and Reservoir, Oreg., conservation and development provisions 677  Appropriation for 343  Arbuckle Federal reclamation project, Okla., conservation and development 397  Baker Federal reclamation project, Oreg.,-conservation and development provisions 634  Chief Joseph Dam project, Wash., conservation and development provisions 761  Commercial Fisheries, Bureau of, appropriation for 343  Commissioner, Office of, appropriation for 343  Conservation areas, secondary public recreational use 653  Migratory birds conservation—   Account, appropriation for 344   Increased appropriation, authorization 922  Sport Fisheries and Wildlife, Bureau of—   Appropriation for 214, 344   National Fisheries Center and Aquarium, D.C., operation; report to Congress 753, 7541625  Studies, investigations, transfer of funds for 1217, 1220  Submarginal lands, conservation of natural resources by Agriculture Department 607  Wetlands, limitation on assistance for drainage 696 Fisheries, Bureau of Commercial, appropriation for 343 Fisheries Commissions, International, appropriation for expenses 1084 Fisheries Resources, negotiations for conservation under Trade Expansion Act of 1962 883 Fishermen, estimated income tax declaration 575 Flag Day, 1962, proclamation 1484 Flatware, Stainless-Steel Table, modification and withdrawal of duties, proclamation 1470 Flax, production on diverted wheat or feed grain acreage 70 Flood Control. See also Rivers and Harbors.  Apalachicola River Basin, Ga., project authorization 1182  Appropriation for 1207, 1216  Arkansas River Basin, project authorization 1185  Baker Federal reclamation project, Oreg., conservation and development provisions 634  Brazos River Basin, project authorization 1185  Buffalo Bayou, Tex., project authorization 1184  Central and southern Florida, project authorization 1182  Columbia River Basin, project authorization 1193  Construction, etc., restriction on use of funds for 1164  Cook Inlet, Alaska, project authorization 1193  Delaware River Basin, project authorization 1182  Gila River Basin, project authorization 1190  Great Lakes Basin, project authorization 1190  Green Swamp Region, Fla., project authorization 1183  Gulf of Mexico, project authorization 1184  Housatonic River Basin, project authorization 1181  Hudson River Basin, project authorization 1181  International Boundary and Water Commission, United States and Mexico, appropriation for 1082  Long Island Sound area, project authorization 1181  Los Angeles River Basin, project authorization 1192  Lower Mississippi River Basin, project authorization 1184  Middle Atlantic coastal area, project authorization 1182  Mississippi River and tributaries, appropriation for 1218  Mississippi River Basin, Upper, project authorization 1189  Missouri River Basin, project authorization 1187  New England-Atlantic coastal area, project authorization 1181  New Jersey-Atlantic coastal area, project authorization 1181  Ohio River Basin, project authorization 1188, 1189  Pascagoula River Basin, project authorization 1183  Potomac River Basin, project authorization 1182  Project construction, authorization; emergency assistance for hurricane and shore-protective structures 1180–1198  Red River Basin, project authorization 1186, 1187  Redwood Creek Basin, project authorization 1192  Rio Grande Basin, project authorization 1185  Rogue River Basin, project authorization 1192  Russian River Basin, project authorization 1192  San Antonio Dam and Reservoir project, Calif., land exchange regarding construction 439  San Francisco Bay area, project authorization 1191  San Joaquin River Basin, project authorization 1191, 1192  Susquehanna River Basin, project authorization 1182  Trinity River Basin, project authorization 1185  Truckee River Basin, project authorization 1191  Tularosa Basin, project authorization 1185  Wasatch National Forest, Utah, additional lands for watershed protection 545  Watershed areas, investigations 438  White River Basin, project authorization 11861626  Wynoochee River, project authorization 1193 Flood Control Act, 1936, appropriation for 1207 Flood Control Act of 1948, Amendment, small projects, increased appropriation for 1194 Flood Control Act of 1960, Amendment, public roads, utilization, maintenance, etc., additional authorization to Bureau of Reclamation 1196 Flood Control Act of 1962 1180 Florida:  Eglin Air Force Base, legislative jurisdiction over certain lands, retrocession to State 436  Flood control projects in central and southern, authorization 1182, 1183  Florida Key deer, appropriation for leasing and management of lands for protection of 344  Fort Meyers, Middle District, holding court at 248  Fort Pierce, Southern District, holding court, at 248  Fort Saint Marks National Historic Site, establishment 807  Green Swamp Region, flood control project, authorization 1183  Judicial district, additional 247  Saint Augustine Quadricentennial Commission, establishment 386  Saint Petersburg, Middle District, holding court at 248  Santa Rosa Island, Okaloosa County, land conveyance by Army Department 1138  Southern Interstate Nuclear Compact, eligibility 253  West Palm Beach, Southern District, holding court at 248 Florida, documentation of vessel for use in coastwise trade 1345 Food and Agriculture Act of 1962 605  Amendment, wheat marketing quota, 1963 program, small farm exemption 909 Food and Drug Administration, appropriation for 366 Food Congress. 1963, World, authorization for funds for expenses 1078 Food, Drug, and Cosmetic Act, Federal. See Federal Food, Drug, and Cosmetic Act. Foot-and-Mouth Disease, Rinderpest, Etc., control and eradication 129 Foreign Agricultural Service, appropriation for 1209 Foreign Aid and Related Agencies Appropriation Act, 1963 1163 Foreign Assistance Act of 1961:  Amendments—   Administrative provisions 262   Agrarian economies, assistance to countries with 259   Alliance for Progress, economic assistance to Latin American countries 257   Contingency’ Fund, appropriation authorization 259   Development grants and technical cooperation, peaceful use of atomic energy, appropriation authorization 256   Development Loan Fund, ceiling limitation, increase 256   Friendly nations, supporting assistance, appropriation authorization 259   International organizations and programs, appropriation authorization 259   Investment guaranties, ceiling limitation, increase 256   Investment opportunities, surveys, increased appropriations, authorization 257   Latin American countries, housing projects, increased guaranties 257   Policy statement 255   Supergrades, compensation 865  Appropriation for effecting provisions 1163, 1164, 1166  Cuban trade embargo under, proclamation 1446  Refugee and migration needs, transfer of funds for 122 Foreign Assistance Act of 1962 255 Foreign Assistance and Related Agencies Appropriation Act, 1962, continuing appropriations, 1963 125, 254, 427, 672 Foreign Assistance Programs, appropriation for 1214 Foreign Claims Settlement Commission:  Appointments; terms of office 1113  Appropriation for 126, 254, 427, 672, 1101  Philippine war damage claims—   Appropriation for payment 1169   Investigation, certification 411  Property damage claims, Lake Ontario, investigation; report to President 387  World War II damage claims, investigation, certification 1107 Foreign Commerce and Trade Statistics, collection and publication; repeal of obsolete provisions 951–9531627 Foreign Currencies:  Purchase—   Agriculture, Department of 1204, 1209   Educational research and training 368, 369   Library of Congress, appropriation for 692   National Bureau of Standards 1096   Public Health Service, scientific activities overseas 374   State Department, appropriation for 1081   United States Information Agency 1104, 1105  Use—   Economic development and trade, appropriation for expenses incident to 1166   Mobile trade fairs, promotion and development 1074 Foreign Quarantine Activities, appropriation for 211, 373 Foreign Service:  Migration and Refugee Assistance Act of 1962, assignment of personnel under, authorization 123, 124  Payment of expenses for attendance at certain meetings 264 Foreign Service Act of 1946:  Amendments, Foreign Service officers and staff pay schedules 861  Appropriation for effecting provisions 1081, 1082, 1168 Foreign Service Salary Reform Act of 1962 861 Forest Service:  Administrative provisions, land exchange authority, adjustment of titles; repeal of obsolete statutes 1157  Appropriation for 209, 346  Cooperative Forest Management Act, amendment, increased appropriation authorized for program 569  Federal reservoir projects, modification of leases for recreational facilities 20  Forest lands—   Acquisition of, restriction on use of funds for 346, 348   Exterior boundaries, extension of status as national forest 140  Forest tree nursery facilities, transfer to States for cooperation in Federal reforestation programs 107  National Forest Products Week—   1961, proclamation 1435   1962, proclamation 1500  Range improvements, appropriation for 348  Recreation facilities for employees, funds authorized for construction 1157  Resources—   National survey, increased appropriation authorized 579   Research and development, cooperation with States, appropriation authorization 806  Tree planting, assistance to States, appropriation for 348  Twine, purchase restriction 348  Working capital fund, elimination of capitalization limitation 1157 Forestry Commodities, trade agreements with European Economic Community, provisions 874 Forests, National. See National Forests. Fort Berthold Reservation, N. Dak., tribes use of lands in the Garrison Dam project 594 Fort Hancock Military Reservation, N.J., legislative jurisdiction over certain lands, retrocession to State 438 Fort Saint Marks National Historic Site, Fla., establishment 807 Fowling Nets, duty-free importation 768 Franklin Delano Roosevelt Memorial Commission, design change or modification; reports, appropriation 1079 Frederick Douglass Home, establishment as part of park system of the National Capital 435 Freedmen’s Hospital, D.C., appropriation for 377, 1152 Fryingpan-Arkansas Project, Colo., construction authorization 389 Gallaudet College, D.C., appropriation for 377 Gambling Devices Act of 1962 1075 Gas, Natural, suspension of rates for industrial users, authorization 72 General Accounting Office:  Appropriation for 722  Comptroller General—   Aircraft loan guaranty program, availability of information from Commerce Department 936   Coast Guard—    Certifying officers, relief of certain 588    Mediterranean loran program, validation of certain per diem allowances 928  Educational television broadcasting program, auditing of books 66  Trust Territory of the Pacific Islands, auditing requirements of financial transactions 3401628 General Medical Sciences, Institute of, establishment 1072 General Pulaski’s Memorial Day, 1962, proclamation 1500 General Services Administration:  Acquisition of property in District of Columbia for International Monetary Fund, authorization 222  Administrative Operations Fund, appropriation for 727  Administrator, Office of, appropriation for 726  Appropriation for 212, 737  Chicago, Ill., appropriation for building and land 212  Court facilities, additional, appropriation for 212  District Courts, furnishing additional facilities for 762  District of Columbia, use of public space for construction of Federal office building 385  Federal Property and Administrative Services Act of 1949. See separate title. Federal Supply Service, appropriation for 725  Federal telecommunications fund, establishment 1117  Former Presidents, appropriation for allowances and office facilities 726  General provisions, Appropriation Act 727  General Supply Fund—   Appropriation for 212, 725   Transportation costs, etc., financing of 401  Land conveyance to Silver Hill Voluntary Fire Department and Rescue Squad, Md 1118  National Archives and Records Service—   Appropriation for 725   Federal Register. See separate title.  National Fisheries Center and Aquarium, D.C., construction, maintenance 752  Oaths, administration by certain employees 414  Public Buildings Act of 1959, amendment, limitation of area for public buildings sites, removal 92  Public buildings projects, report to Congress, repeal 87  Public Buildings Service. See separate title.  Reconstruction Finance Corporation—   Liquidation activities, appropriation for 313, 737   Property transferred to other Government agencies, payment in lieu of taxes, extension 805  Report to Congress, public buildings projects, repeal 87  Security guard services, reimbursement from—   Atomic Energy Commission 1224   Civil Service Commission 718   Defense, Department of 328   Emergency Planning, Office of 716   Geological Survey 341   Immigration and Naturalization Service 1087   National Aeronautics and Space Council 716   State, Department of 1085  Strategic and Critical Materials Stock Piling Act. See separate title.  Territories, purchases through 339  Transportation and Communications Service, appropriation for 725  Utilization and Disposal Service, appropriation for 725  Vallejo Unified School District, Vallejo, Calif., conveyance of United States interest in land 909 Geologic Sciences, International Union on, appropriation for United States contributions to 341 Geological Survey:  Appropriation for 340  Scientific examinations outside national domain, authority extension 427 George Washington University Hospital, D.C., construction project, grants 83 Georgia:  Apalachicola River Basin, flood control project, authorization 1182  Jasper County Board of Education, land conveyance 108  Southern Interstate Nuclear Compact, eligibility 253  Warner Robins, provision for land conveyance to city by Department of the Air Force, repeal 439 Germany, Federal Republic of:  Trade agreement, proclamation 1471  United States obligations, appropriation for expenses of 1080 Gila Cliff Dwellings National Monument, N. Mex., addition of lands, proclamation 1465 Gila River Basin, flood control projects, authorization 11901629 Glass, Cylinder, Crown, and Sheet, modification of concessions and adjustment of duties; delay of effective date 1454, 1457 Golden Eagles, regulations for protection of 1246 Gorgas Memorial Institute, Panama, appropriation for 374 Government Departments and Agencies:  Appropriation Acts, general provisions applicable to 1227  Blind employees, employment of readers for 408  Civil defense functions, appropriation for 716  Claims, appropriation for settlement by 216  Classification Act Amendments of 1962 843  Classification Act of 1949. See separate title.  Depository libraries, designations within 355  Federal Salary Reform Act of 1962 841  Health service programs, appropriation for 372  Labor standards for employees on work done under contract, enforcement 358  Manpower Development and Training Act of 1962, use of services and facilities in performance of functions under 31  Migration and refugee assistance, transfer of funds by President of the United States for 123  Motor vehicles, purchase or hire, elimination of detailed estimate in annual budget 775  Property transferred from Reconstruction Finance Corporation, payment in lieu of taxes, extension 805  Public Works Acceleration Act 541  Publications, distribution through Government Printing Office 354  Real property of United States, authority to grant easements 1129  Research and development contracts with educational institutions, indirect cost reimbursement 437  Southern Interstate Nuclear Board, cooperation with 254  Temporary experts and consultants, per diem rate for certain 352  Trade agreements program, functions assisting the President in 875, 878 Government Employees:  Actions against Government officials; jurisdiction granted to District Courts 744  Annuities, increase; cost-of-living adjustment 868, 869  Blind; readers for 408  Bribery of, penalties 1119  Claims, determinations, etc. affecting Government, compensation for or activity in, penalties 1121, 1122  Classification Act Amendments of 1962 843  Classification Act of 1949. See separate title.  Conflict-of-interest statutes. See separate title.  Employee Welfare and Pension Benefit Plans, Advisory Council on, establishment 40  Employees’ Compensation Appeals Board, appropriation for 365  Employees Health Benefits Fund, appropriation for payment for annuitants 719  Employees Life Insurance Fund, appropriation for; limitation 719  Federal Employees’ Compensation Act, appropriation for effecting provisions 364  Federal Employees’ Group Life Insurance Act of 1954, amendment, insurance amounts, escheat to insurance fund 406  Federal Salary Reform Act of 1962 841  Hatch Act (political activities), amendment, penalties for violations, modification 750  Personal and household effects brought into United States under Government orders, temporary free importation 808  Personal financial interests, activities affecting, penalties 1124  Postal employees, deceased, payment of unused compensatory time of 103  Postemployment activities, penalties 1123  Retirement—   Annuities, increase; cost-of-living adjustment 868, 869   Health Benefits Fund, appropriation for payments to 719  Salaries payable only by United States, penalties for violation 1125  Transportation allowances for mobile homes, increase 777  Travel or transportation of personal property—   Foreign-flag vessels at free or reduced rates, restriction; penalty 1201   United States flag air carriers, congressional directive 1428  Unemployment compensation, appropriation for 363  Welfare and Pension Plans Disclosure Act Amendments of 1962 351630 Government Employees Training Act, Amendment, Foreign Service employees and Presidential appointees, payment of expenses for attendance at certain meetings 264 Government Printing Office:  Annex, acquisition of site and construction, appropriation for 693  Appropriation for 693  Depository Library Act of 1962 352  Superintendent, of Documents, Office of—   Appropriation for 693   Depository libraries; investigation, approval of designations 353, 354   Government publications, availability of 352 Grain Sorghums, feed grains program, 1963 612 Grand Canyon National Park, Ariz., acquisition of mining claim 79 Graphite, Amorphous, temporary free importation, extension 110 Grasses, Grains, Etc., bleached natural, duty-free importation 1202 Great Lakes Basin, flood control projects, authorization 1190 Great Plains Conservation Program, appropriation for 1207 Guam:  Disaster aid, Federal assistance 111  District Courts, judges, appropriation for 1099  Interstate compacts between States for cooperation in prevention of crime 9  Military academies, appointment of persons to attend 547  Organic Act of Guam, amendment, appointment of acting secretaries 34  Public Welfare Amendments of 1962 172  Purchases through General Services Administration, authority 339  War Claims Act of 1948, amendment, benefits to certain citizens under 413 “Guide to Subversive Organizations and Publications”, printing as House document, additional copies 1417 Gulf of Mexico, flood control projects, authorization 1184 Haiti, trade agreement, proclamation 1486 Hamilton Grange National Memorial, N.Y., establishment 57 Hatch Act (Experiment Stations), appropriation for effecting provisions 1205 Hatch Act (Political Activities), Amendments, penalties for violations, modification 750 Hawaii:  Center for Cultural and Technical Interchange Between East and West, appropriation for grant 1084  Land conveyance by Department of the Navy; removal of certain real property restrictions 530  Pacific Marine Fisheries Compact, participation in 763  Through routes, joint rates; establishment by carriers serving 397 Hay, harvesting on conservation lands in disaster areas 135 Health, Education, and Welfare, Department of:  Adjustment Assistance Advisory Board, membership 901  American Printing House for the Blind, appropriation for 377  Appropriation Act, 1963 366  Appropriation for 125, 211, 254, 349, 366, 717, 1167  Disaster aid to Guam, American Samoa, and the Trust Territory of the Pacific Islands 111  Drug Amendments of 1962 780  Drug establishments, register of producers 794–796  Education, Office of. See separate title.  Federal Food, Drug, and Cosmetic Act. See separate title.  Field Administration, Office of, appropriation for 378  Food and Drug Administration, appropriation for 366  Freedmen’s Hospital, appropriation for 377  Gallaudet College, appropriation for 377  General Counsel, Office of the, appropriation for 378  General provisions, Appropriation Act 379, 381  Health research facilities, appropriation for 374  Howard University, appropriation for 378  Juvenile delinquency and youth offenses, control of, appropriation for 379  Manpower Development and Training Act of 1962 23  Public Health Service. See separate title.  Refugee assistance, appropriation for 1167  Reports to Congress, manpower requirements, utilization, vocational training survey, etc 33  Saint Elizabeths Hospital, appropriation for 375, 376  Secretary, Office of the, appropriation for 378  Social Security Administration. See separate title. 1631  Southern Interstate Nuclear Board, cooperation with 254  Surplus property utilization, appropriation for 378  Vocational education. See under Education.  Vocational Rehabilitation, Office of, appropriation for 368 “Hearings on Small Business Problems Created by Petroleum Imports”, printing of additional copies 1421 “Hearings Relating to H.R. 4700, To Amend Section 11 of the Subversive Activities Control Act of 1950, as Amended (the Fund for Social Analysis)”, printing of additional copies 1417 Helium Properties, development, and operation 342 Highways. See also Public Roads, Bureau of.  Alaska highway study, authorization; report to Congress 1149  Federal-Aid Highway Act of 1962 1145  Federal-aid highways—   Construction, appropriation authorization 1145   Relocation assistance for displaced families and businesses 1146   Trust Fund, appropriation for 1094   Urban areas, secondary system funds authorized; transportation planning 1147, 1148  Forest highways—   Appropriation authorized for 1145   Appropriation for 1095  Indian reservation roads, appropriation authorization 1145  Inter-American Highway, construction, appropriation authorization 1146  National Highway Week, 1962, proclamation 1458  Outdoor advertising, appropriation for control 1095  Pentagon road network (Trust Fund), appropriation for 1095  Public lands development roads and trails, definition, eligible projects; appropriation authorized 1145, 1147  Rama Road, Nicaragua—   Additional funds authorized 1145   Appropriation for 1084  Research and planning, use of apportioned funds 1148  Rural delivery and star route mileage, certification for Federal aid 1148 Home Owners’ Loan Act of 1933, Amendment 778 Homestead Centennial Year, proclamation 1443 Honeybees, Adult, importation restrictions 169 Hospital Survey and Construction Act, American Samoa, application extended to 586, 587 Hospitals:  Abroad, construction, appropriation for 1163  American Hospital of Paris, charter extension 557  Construction activities, appropriation for 371  District of Columbia—   Freedmen’s Hospital, appropriation for 377, 1152   George Washington University Hospital, grants for construction project 83   Hospital Center, additional funds authorized; time extension 124, 395   Saint Elizabeths Hospital, appropriation for 375, 376  Medical care furnished by the United States, recovery from liable third person 593  Prince Georges County Hospital, Md., land conveyance 527 Housatonic River Basin, flood control projects, authorization 1181 House of Representatives. See also Congress; Legislative Branch of the Government.  Administrative provisions, Appropriation Act 686  Appropriation for 215, 683  Appropriations, Committee on—   Appropriation for 684   Reports to—    Atomic Energy Commission, transfer of funds 1225    Defense, Department of—     Contingencies, disbursements 324     Emergency Fund, transfers 334     Foreign real property, use of 331     Operations and maintenance 329    Foreign assistance program 1164    Foreign procurement 1165    President of the United States, economic assistance to Communist nations 1165, 1166  Armed Services, Committee on, reports to—   Air Force, Department of the, public works, construction, costs 235   Army, Department of the, public works, construction, costs 2261632   Navy, Department of the—    Oil shale reserves 905, 906    Public works, construction, costs 230  Cannon House Office Building, designation 71  Capitol Police, appropriation for 687  Chaplain, Office of the, appropriation for 683  Clerk, Office of the, appropriation for 683  Contingent expenses, appropriation for 684  Coordinator of Information, Office of the, appropriation for 685  Doorkeeper, Office of the, appropriation for 683  Foreign Affairs, Committee on, report by the President to, economic assistance to Communist nations 1165, 1166  General provisions, Appropriation Act 693  Interior and Insular Affairs, Committee on, report to, Indian tribal funds, use of certain 338  Joint committees, congressional. See separate title.  Judiciary, Committee on the, reporting date on studies of State taxation of interstate commerce, extension 55  Legislative Counsel, Office of the, appropriation for 684  Longworth House Office Building, designation 71  Members’ clerk hire, appropriation for 684  Officers and employees—   Appropriation for 683   Compensation, increase 866  Official Reporters of Debates, appropriation for 684  Pages, education of, appropriation for 688  Parliamentarian, Office of, appropriation for 683  Portrait of Speaker John W. McCormack, appropriation for 686  Postmaster, Office of the, appropriation for 684  Rabaut, Louis C., payment to widow of 215  Rayburn, Sam—   Gold medal, authorization for striking 605   Payment to estate of 215  Rayburn House Office Building, designation 71  Reports to, President of the United States, tariff adjustment 899  Riley, John J., payment to widow of 215  Science and Astronautics, Committee on, reports to, National Aeronautics and Space Administration, research funds, etc 382, 383  Sergeant at Arms, Office of the, appropriation for 683  Speaker—   Appointments by—    Battle of Lake Erie Sesquicentennial Celebration Commission, members 1244    National Fisheries Center and Aquarium Advisory Board, members 754    North Carolina Tercentenary Celebration Commission, members 56    Saint Augustine Quadricentennial Commission, members 386    Trade negotiations, United States delegates 878    United States Constitution One Hundred and Seventy-fifth Anniversary Commission, members 757    Virginia Dare, three hundred and seventy-fifth anniversary celebration of birth of; members of joint committee to represent Congress 1419   Expense allowance, appropriation for 683   Reports to—    Air Force, Department of the, public works construction contracts 241    Army, Department of the, public works construction contracts 241    Interior, Department of the, geological surveys outside national domain 427    Navy, Department of the, public works construction contracts 241  Trade agreements with Presidential statement, transmission to 876  Ways and Means, Committee on, trade negotiations, United States delegates 878 House Office Building Commission, public buildings sites, consultation with General Services Administration 92 Housing:  Armed Services housing mortgage insurance—   Civilian employees, time extension 418   Payment in lieu of taxes 751  Defense-impacted areas, housing mortgage insurance, time extension 418  Elderly persons—   Direct and insured loans in rural areas 671   Farm housing, assistance 670–672   Fund, appropriation for 7301633   Loan program, appropriation authorization, increase 670  Family housing at military installations 236–240   Appropriation for 577–579  Federal Home Loan Bank Act, amendments—   Multifamily housing loans, advances for 779   Puerto Rico, election of Federal Home Loan Bank Directors 559  Federal Home Loan Bank Board, appropriation for 735  Federal Savings and Loan Associations, investment of assets in multifamily housing 778  Home Owners’ Loan Act of 1933, amendment 778  Housing Act of 1949—   Amendments 670–672   Funds for effecting provisions 1213  Housing Act of 1954—   Amendment, grants for public works projects not eligible under existing programs 544   Funds for effecting provisions 212  Housing Act of 1959, amendments 670  Housing Amendments of 1955, amendments 237, 435, 543, 920  Housing and Home Finance Agency—   Administrator, Office of, appropriation for 728   Appropriation for 212, 728, 737   College Housing Loans, Office of the Administrator, appropriation for, limitation 737   Family housing units at military installations, consultation 237   Federal Housing Administration, appropriation for, limitation 739   Federal National Mortgage Association, appropriation for, limitations 738   Housing for the elderly, appropriation for, limitations 738   Public Facility Loans, Office of the Administrator, appropriation for, limitations 737   Public Housing Administration, appropriation for, limitations 739   Public works planning fund, appropriation for 212   Revolving Fund (liquidating programs), appropriation for, limitations 738  Los Alamos, N. Mex., disposal of federally owned properties 664  Low income housing demonstration program, appropriation for 729  Mass transportation loans and grants—   Appropriation for 729   Time extension for loans and grants 920  Military family housing, funds transferred to, restrictions 334  Mortgage insurance programs 418  Multifamily units, investment by Federal Savings and Loan Associations 778  National Housing Act, amendments 418, 751  Open space land grants, appropriation for 729  Public Housing Administration, appropriation for 730  Public projects, assistance to communities affected by National Aeronautics and Space Administration installations 435  Public works facility loans and grants—   Eligibility 920   Restrictions, elimination of certain 543  Public Works Planning Fund, appropriation for 729  Senior Citizens Housing Act of 1962 670  Urban Renewal Fund, appropriation for 730  Urban studies and housing research; planning grants, appropriation for 729 Howard University, D.C.:  Appropriation for 378  Freedmen’s Hospital, transfer of funds to 377 Hudson River Basin, flood control projects, authorization 1181 Human Rights Week, 1961, proclamation. 1440 Hungarian Reformed Federation of America, provisions for benefits for members 752 Hunter-Liggett Military Reservation and Camp Roberts, Calif., road right-of-way between 439 Hydraulic Brake Fluid Standards, Department of Commerce regulatory authority 437 Idaho:  Burley Irrigation District, amendatory contracts, authorization 90  Mann Creek Federal reclamation project, construction authorization 388  Minidoka Irrigation District, amendatory contracts, authorization 90  Snake River vicinity, authorization for sale of certain public lands 89  Spokane Valley Federal reclamation project; construction plans, modification 4311634  Clinton Bridge Commission, annual audit; report 59, 60  National Woman’s Relief Corps, Auxiliary to the Grand Army of the Republic, incorporation 502  Sid Simpson flood control project, designation 306  White County Bridge Commission, annual audit; report 59, 60 Immigration and Nationality Act:  Amendments—   Bureau of Security and Consular Affairs, Administrator, appointment with advice and consent of the Senate 123   Deportations, suspension of 1247   Skilled specialists, approval of petitions for immigrant status; report to Congress on 1247  Quotas under, proclamation 1439 Immigration and Naturalization Service:  Appropriation for 1087  Constitution, distribution of copies to persons entering United States 759  Facilities fund, increased limitation 87 Imports:  Animals; disease control and eradication 129  Cheese, certain blue-mold, modification of quota, proclamation 1459  Cuban products, tariff treatment 78  Cuban trade embargo, proclamation 1446  Duties, modification of, agreements with foreign countries 872  Duty-free entries—   Alumina 264   Bauxite 264   Beta-ray spectrometer for Tulane University, New Orleans, La 51   Casein or lactarene 404   Fowling nets 768   Graphite, amorphous 110   Grasses, grains, etc., bleached natural 1202   Metal scrap 126   Monofilament gill fish nets 808   Personal and household effects brought in under Government orders 808   Records, diagrams, and other business data 72   Religious articles 403   Shoe lathes 405   Silk yarn 402   Silver cross, Christ Espiscopal Church, Cincinnati, Ohio 404   Steel for Chippewa County War Memorial Hospital, Sault Sainte Marie, Mich 72   Towing carriage, Virginia Polytechnic Institute 402  Honeybees, adult, restrictions 169  Modification and withdrawal of duties, proclamations—   Clothespins 1469   Cylinder, crown and sheet glass 1454, 1457   Flatware, stainless-steel table 1470   Machine-woven pile floor coverings 1452, 1457   Rubber-soled footwear 1469   Safety pins 1469   Thermometers, clinical 1470   Typewriter ribbon cloth 1470   Waterproof cloth 1469   Woolen and worsted fabrics 1469  Shmurah wheat flour, importation for religious purposes, proclamation 1447  Sugar, establishment of fees 163  Sugar quotas, proclamations—   Argentina 1494   Cuba 1438   Dominican Republic 1494  Tariff Classification Act of 1962 72  Tariffs, repeal of certain provisions 78  Television receivers, certain, prohibition 151  Textiles from certain countries, Presidential regulations 104  Trade Expansion Act of 1962 872  Tung oil and tung nuts, termination of quota; proclamation 1478 Imports and Exports, impact on employment, printing of additional copies of hearings on 1423 “Inaugural Addresses of the Presidents of the United States from George Washington to John F. Kennedy”, printing of additional copies of publication 1418 Independent Offices. See also Government Departments and Agencies and individual titles.  Appropriation Act, 1963 718  Appropriation for 8, 125, 211, 254, 317, 427, 672, 718, 1224  Continuing appropriations, 1963 125, 254, 427, 672  General provisions, Appropriation Act 735, 739  Supplemental Appropriation Act, 1962 8 Independent Offices Appropriation Act, 1963 7181635 India, trade agreement, proclamation 1486 Indian Affairs, Bureau of, appropriation for 214, 336 Indian Claims Commission, appropriation for 349 Indiana:  Lincoln Boyhood National Memorial, establishment 9  White County Bridge Commission, annual audit; report 59, 60 Indians:  Cherokee Indians—   Eastern Band of North Carolina, lands held in trust for 132   Tribe of Oklahoma, distribution of judgment funds 776  Choctaw Tribe, property disposition, time extension 405  Colorado River Reservation, Ariz.-Calif., leasing of lands 428  Crow Creek Sioux Indians, S. Dak., lands for Big Bend Dam and Reservoir project, reimbursement 704  Fort Berthold Reservation, N. Dak., tribes use of lands in the Garrison Dam project 594  Health activities, appropriation for 349  Indian Affairs, Bureau of, Appropriation for 214, 336  Jicarilla Apache Tribe, N. Mex., lands held in trust for 595  Lower Brule Sioux Indians, S. Dak., lands for Big Bend Dam and Reservoir project, reimbursement 698  Menominee County, Wis.—   Eastern Judicial District, inclusion in 307   Financial assistance; construction of sanitation facilities, authorization 53, 54   School district costs, appropriation for grants 214  Navajo Indian irrigation project, N. Mex., construction, operation, etc 96  Osage Museum, appropriation for curator 338  Ponca Tribe of Native Americans of Nebraska, division of tribal assets 429  Potawatomi Indians, Prairie Band, Kans., lands held in trust for 112  Public works or facilities, eligibility of tribes for Federal loans 920  Pueblos in New Mexico, correction of certain land descriptions 585  Quinault Tribe, Wash., lands in trust for 913  Reservation roads, appropriation authorization 1145  Schools, land conveyance, increased acreage 33  Tribal funds, appropriation for 337  Ute Tribe—   Division of assets, stock not subject to usual process of law 597   Southern Reservation, Utah, long term lease of lands 805   Southern Tribe of Colorado, exchange of lands 954  Wind River Indian irrigation project, Wyo., cancellation of certain charges 128  Zuni Tribe, N. Mex., land conveyance to 33 Information Agency, United States:  Appropriation for 1103  Radio facilities, acquisition and construction, appropriation for 1169  Special international exhibitions, appropriation for expenses 1104 Informational Media Guarantee Fund, appropriation for 1105 Inland Waterways Corporation, appropriation for 1092 Institute of Child Health and Human Development, establishment 1072 Institute of General Medical Sciences, establishment 1072 Insurance:  District of Columbia, credit life, accident and health insurance, regulation 580  Federal Crop Insurance Corporation, appropriation for 1213  Federal Deposit Insurance Act, amendment, foreign government time deposits, exemption from interest ceilings 953  Federal Deposit Insurance Corporation, Board of Directors, supervisory authority over bank service corporations 1132  Federal Employees Group Life Insurance; escheat of insurance amounts to insurance fund 406  Life Insurance Act, District of Columbia, amendments—   Credit unions, group life insurance policies, exemption from certain standard provisions 715   Valuation standards, nonforfeiture values, calculation; use of modern mortality tables 711   Veterans’ organizations, eligibility for group policies 1131  Life insurance companies—   Segregated asset accounts, tax treatment 1134–1138   Tax deductions, individual accident and health contracts 808, 8091636  Mutual companies, tax extension and amendments 114, 989  Veterans—   National service life insurance, assignment provisions 245   United States Government life insurance conversion to endowment policy 219  War Risk Insurance Fund, authorization for investment of 740 Inter-American Development Bank:  District of Columbia insurance companies, investment of funds in 715  United States subscription, appropriation for 1168 Inter-American Highway, construction, appropriation authorized 1146 Intergovernmental Committee for European Migration, United States participation, authorization 121 Intergovernmental Relations, Advisory Commission on, appropriation for 317 Interior, Department of the:  Adjustment Assistance Advisory Board, membership 901  Alaska. See separate title.  Alaska, conveyance to California for use as biological research vessel 317  Anthracite coal mines, abandoned, financial assistance to Pennsylvania for sealing of 934  Appointments by, National Fisheries Center and Aquarium Board, members 754  Appropriation Act, 1963 335  Appropriation for 125, 213, 254, 335, 1219  Battle of Lake Erie Sesquicentennial Celebration Commission, representation on 1244  Bonneville Power Administration, appropriation for 1223  Burley Irrigation District, Idaho, amendatory contracts, authorization 90  Chalmette National Historical Park, La., land acquisition 756  Coal Research, Office of, appropriation for 342  Commercial Fisheries, Bureau of, appropriation for 343  Conservation areas, acquisition of lands adjacent to 653  Coos Bay Wagon Road Grant Lands, expenditures, reimbursement 336  Emergency reconstruction, etc., appropriation for 345  Fish and Wildlife Service. See separate title.  Fishing vessels, construction, appropriation for 343  Forest or range fires, prevention or suppression, appropriation for 345  General provisions, Appropriation Acts 345, 1224  Geological Survey—   Appropriation for 340   Scientific examinations outside national domain, authority extension 427  Golden Eagles, regulations for protection of 1246  Grand Canyon National Park, Ariz., acquisition of mining claim 79  Indian Affairs, Bureau of, appropriation for 214, 336  Indians. See separate title.  Land conveyances—   Antietam National Battlefield, Md 81   Capulin Mountain National Monument, N. Mex 436   Colorado River Commission, Nev., extension of time provisions 804   Indian schools, increased acreage 33   Needles, Calif 749   Prince Georges County Hospital, Md 527   Sagamore Hill National Historic Site, N.Y 217   Snake River vicinity, Idaho 89   Southern Ute Indian Tribe, Colo 954   Theodore Roosevelt Birthplace National Historic Site, N.Y 217   Unpatented mining claims, authority for conveyance to residential occupants 1127  Land Management, Bureau of, appropriation for 213, 335  Lead and zinc stabilization program, appropriation for 214, 342  Migratory Bird Conservation Account, appropriation for 344  Military bounty land warrants, purchase authority 246  Minerals Exploration, Office of, appropriation for 214, 342  Mines, Bureau of—   Appropriation for 341   Helium properties, development and operation 342  Minidoka Irrigation District, Idaho, amendatory contracts, authorization 90  National Fisheries Center and Aquarium, D.C., operation 752  National Park Service. See separate title.  National parks, monuments, seashores, etc. See separate title.  Oil and gas. See separate title. 1637  Oil and Gas, Office of, appropriation for 343  Oregon and California grant lands, appropriation for 335  Oysters, propagation of disease-resistant strains, grants to States 356  Petrified wood, removal of limited quantities from public lands, regulations 652  Pima County, Ariz., withdrawal of mineral interests 743  Pribilof Islands, appropriation for administration 344  Public lands. See separate title.  Reclamation, Bureau of—   Administrative provisions, Public Works Appropriation Act, 1963 1221   Appropriation for 1219   Commissioner, compensation 1223   Emergency Fund, appropriation for 1221   Public roads, use, maintenance, etc., during construction of water resource projects 1196   Special Funds, appropriation for 1221  Reclamation Project Act of 1939, amendments, irrigation blocks, development, modification, etc 407  Reclamation projects—   Agate Dam and Reservoir, Oreg., construction authorization 677   Arbuckle Federal reclamation project, Okla., construction authorization 395   Baker Federal reclamation project, Oreg., construction, maintenance, etc 634   Burley Irrigation District, Idaho, amendatory contracts, authorization 90   Chief Joseph Dam project, Wash., construction authorization 761   Colorado River storage project, operation of participating projects under 96   Construction, etc., restriction on use of funds for 1164   East Columbia Basin Irrigation District, amendatory repayment contract, authorization 677   Fryingpan-Arkansas project, construction authorization 389   Mann Creek, Idaho, construction authorization 388   Minidoka irrigation project, Idaho, amendments; repeal of provisions affecting 90   Missouri River Basin project, Angostura Irrigation District, maintenance charges, deferment 58   Navajo Dam and Reservoir project, land exchange with Southern Ute Indian Tribe 954   Navajo Indian irrigation project, N. Mex., and San Juan-Chama project, Colo.-N. Mex., construction, operation, etc 96   Quincy Columbia Basin Irrigation District, amendatory repayment contract, approval 677   Rio Grande River—    Elephant Butte and Caballo Reservoirs, construction of recreation facilities 171    Flood control projects, authorization 1185   Riverton Federal reclamation project, Wyo., water delivery 94   South Columbia Basin Irrigation District, amendatory repayment contract, authorization 677   Spokane Valley Federal reclamation project, Washington-Idaho; construction plans, modification 431   Sun River project, Fort Shaw Division, Mont., reclassification of land; modification of repayment contract 93   Upper Colorado River storage project, appropriation for 1221   Wind River Indian irrigation project, Wyo., cancellation of certain charges 128  Reports to Congress. See Reports to under Congress.  Saline Water, Office of, appropriation for 345  Secretary, Office of, appropriation for 345  Solicitor, Office of, appropriation for 345  Southeastern Power Administration, appropriation for 1223  Southwestern Power Administration, appropriation for 1223  Sport Fisheries and Wildlife, Bureau of—   Appropriation for 214, 344   National Fisheries Center and Aquarium, D.C., operation; report to Congress 753, 754  Territories, Office of, appropriation for 339  Trust Territory of the Pacific Islands. See separate title.  Tuna conservation regulations; publication, enforcement, etc 9231638  Warehouses, garages, etc., appropriation for operation 346  Wildlife Service. See Fish and Wildlife Service. Interior Department Appropriation Act, 1940, Amendment, Minidoka irrigation project, repeal of provision 90 Internal Revenue Codes. For sections affected see Tables 3 and 4 of amendments and repeals in “Laws Affected in Volume 76”, preceding this Index. Internal Revenue Service:  Appropriation for 312  Enforcement officers, additional authority 1143  Statistical surveys, training programs; reimbursement for services 1160, 1161 Internal Security Act of 1950, Amendment, designated defense facilities restricting employment of members of Communist organizations, elimination of publication in Federal Register 91 International Agreements:  Bretton Woods Agreements Act, amendments, loans to the International Monetary Fund; currencies or gold purchases 105  International Wheat Agreement—   Amendment, extension 434   Appropriation for expenses under 1214 International Boundary and Water Commission, United States and Mexico:  Appropriation for obligations 1082  Bridges across the Rio Grande River, approval of construction 140, 154 International Boundary Commission, United States and Canada, appropriation for expenses 1083 International Development, Agency for:  Administrative expenses; additional personnel, authorization for increase 262  Alliance for Progress, Latin American countries, cooperation 258 International Development Association, appropriation for United States subscription 1168 International Development of 1961, Act for, amendments 255 International Exhibitions, Special, appropriation for expenses 1104 International Exposition for Southern California, 1966, congressional recognition, proclamation authorization 414 International Fisheries Commissions, appropriation for expenses 1084 International Hod Carriers’ Building and Page Common Laborers’ Union of America, pension plan of Local Union No. 435, qualified tax-exempt trust 1066 International Joint Commission, United States and Canada, appropriation for expenses 1083 International Labor Affairs, Bureau of, appropriation for 361 International Monetary Fund:  Acquisition of certain property in District of Columbia for headquarters expansion 222  Appropriation for 1168  United States loans, currencies or gold purchases 105 International Organizations:  Contributions, quotas, etc.—   Appropriation for 216, 341, 1081, 1170   Interparliamentary Union, Bureau of, increased contributions authorization 263  Inter-American Development Bank—   District of Columbia insurance companies, investment of funds in 715   United States subscription, appropriation for 1168  International Development Association, appropriation for United States subscription 1168  International fisheries commissions, appropriation for expenses 1084  International Monetary Fund—   Acquisition of certain property in District of Columbia for headquarters expansion 222   Appropriation for 1168   United States loans, currencies or gold purchases 105  International Social Security Association, appropriation for preparation costs for meeting 376  International Union on Geologic Sciences, appropriation for United States contributions to 341  Investigations of United States citizens for employment, funds for 718  Missions to, appropriation for 1081  Programs, appropriation authorizations 259  World Health Organization, United States representative and alternate on Executive Board of the, compensation 865 International Peace and Security Act of 1961, Amendments, military assistance, eligibility, sale of defense articles 259 International Social Security Association, appropriation for preparation costs for meeting 3761639 International Travel Act of 1961, appropriation for effecting provisions 1090 International Union on Geologic Sciences, appropriation for United States contributions to 341 International Wheat Agreement Act of 1949:  Amendment, extension 434  Appropriation for effecting provisions 1214 Interparliamentary Union, Bureau of, United States contributions, increase 263 Interstate Commerce:  Gambling devices, prohibitions against transportation of 1075  Phonograph records with counterfeit labels, penalties for transportation and sale 775  Taxation studies, extension of reporting date 55  Television receivers, prohibition against shipment of certain 151 Interstate Commerce Act, Amendments:  Intrastate motor carriers in Interstate operations; certificates, registration 911  Long-and short-haul charges, nonapplicability of provision to express companies 635  Through routes, joint rates; establishment by carriers serving Alaska or Hawaii 397 Interstate Commerce Commission, appropriation for 212, 730 Interstate Commerce Commission Day:  Designation 52  Proclamation 1461 Interstate Commission on the Potomac River Basin, appropriation for 380 Interstate Compacts, Consent of Congress Granted to:  Delaware-New Jersey Compact 560  Guam, cooperation in prevention of crime, authorization 9  Montana-North Dakota-South Dakota Wyoming, waters of Little Missouri River, time extension for negotiations 71  Pacific Marine Fisheries Compact, amendment; additional States, participation 763  Potomac River Compact of 1958 797  Southern Interstate Nuclear Compact 249  Texas-Louisiana, waters of the Sabine River, membership 34  Washington Metropolitan Area Transit Regulation Compact, amendments, geographical jurisdiction and transportation covered, extension 764  Water pollution disputes, district court jurisdiction 957 Investigation, Federal Bureau of:  Aircraft accident investigation assistance 921  Appropriation for 1086  Gambling Devices Act of 1962, access to records required by 1077 Iowa:  Clinton Bridge Commission, annual audit; report 59, 60  Muscatine Bridge Commission, annual audit; report 59, 60  Van Buren, Lee, Appanoose, and Davis Counties, land conveyance provisions 1118 Iran, congressional expression of sympathy on earthquake disaster 1424 Irrigation. See Reclamation projects under Interior, Department of the. Israel, trade agreement, proclamations 1471, 1486, 1488, 1489 Italy, trade agreement, proclamation 1472 Ivalee, documentation of vessel for use in coastwise trade 1345 Japan, trade agreement, proclamations 1471, 1486 Japanese-Americans, awards pursuant to evacuation claims, taxation, exclusion from gross income 1067 Jasper County Board of Education, Ga., land conveyance 108 Jicarilla Apache Tribe, N. Mex., lands held in trust, for 595 John Roen, Jr., documentation of vessel for use in coastwise trade 1343 Joint Committees, Congressional:  Abraham Lincoln’s first inauguration, anniversary arrangements, report; printing as House document, additional copies 1424  Atomic Energy—   Appropriation for 681   Arrangements for projects, review 605   Southern Interstate Nuclear Board, report 254  Defense Production, appropriation for 685  Economic, appropriation for 681  Immigration and Nationality Policy, appropriation for 685  Internal Revenue Taxation, appropriation for 685  Printing, appropriation for 681  Reduction of Nonessential Federal Expenditures, appropriation for 688  Virginia Dare, three hundred and seventy-fifth anniversary-celebration of birth of; appointment of joint committee to represent Congress 14191640 Judges, District of Columbia:  Juvenile Court—   Additional, appointment of two 21   Chief Judge, appointment by President 398  Municipal Court, Chief Judge; appointment by President, with advice and consent of Senate 398  Municipal Court of Appeals, Chief Judge; appointment by President, with advice and consent of Senate 398 Judicial Branch of the Government. See Courts, United States. “Judicial Review of Veterans’ Claims”, printing of additional copies of hearings 1422 Judiciary Appropriations:  Continuing, 1963 126, 254, 427, 672  Judiciary Appropriation Act, 1963 1097  Second Supplemental Appropriation Act, 1962 214 Jurors, United States Courts:  Appropriation for fees 214, 1099  Bribery of, penalties 1119 Justice, Department of:  Administrative Conference of the United States, appropriation for 1086  Alien property activities, appropriation for 1085  Antitrust Division, appropriation for 1086  Appropriation Act, 1963 1085  Appropriation for 126, 214, 254, 427, 672, 1085  Attorney General—   Alien skilled specialists, petitions for immigrant status; report to Congress on approval of 1247   Antitrust Civil Process Act 548   Appropriation for expenses 1085–1088   Board of Parole, additional positions of members of 849   Bureau of Prisons, additional positions of Warden in 849   Communications Satellite Act of 1962, inconsistencies with purpose, petition for relief 426   Facilities fund for enforcement of immigration laws, increased limitation 87   Gambling devices, registration of manufacturers and dealers 1076   Juvenile delinquents, commitment by the Court to the custody of 52   Motion pictures, transfer of vested titles to Library of Congress 1140   Paroled or discharged prisoners, authority to furnish increased gratuity to 557   Property willed to United States by Esther C. Schmitt, acceptance 88   Suspension of deportations; report to Congress 1247, 1248   War Claims Fund, deposits 1113, 1115   Welfare and Pension Plans Disclosure Act, information 38  Federal Bureau of Investigation. See separate title.  Federal Prison System. See separate title.  General provisions, Appropriation Acts 1088, 1106  Immigration and Naturalization Service. See separate title.  Legal activities and general administration, appropriation for 214, 1085  Overthrow of the Government, clarification of “organize” 103  United States Attorneys—   Appropriation for 214, 1086   Assistant, compensation 865   Florida, Southern Judicial District, appointment 248  United States Marshals—   Appropriation for 214, 1086   Fees for services, increase 417   Florida, Southern Judicial District, appointment 248  Witnesses, appropriation for fees and expenses 215, 1086 Juvenile Court Act of the District of Columbia, Amendment, appointment of two additional judges 21 Juvenile Delinquents:  Appropriation for control of youth offenses 379  Commitment by the Court to the custody of the Attorney General for observation 52 Kansas, Potawatomi Indians, Prairie Band, lands held in trust for 112 Kentucky:  Big Sandy River, restoration of lock and dam 1179  Southern Interstate Nuclear Compact, eligibility 253 Kuwait, immigration quota, proclamation 1439 Labor, Department of:  Adjustment Assistance Advisory Board, membership 901  Apprenticeship and Training, Bureau of, appropriation for 362  Appropriation Act, 1963 361  Appropriation for 125, 254, 3611641  Area redevelopment activities, appropriation for 361  Automation and Manpower, Office of, appropriation for 361  Consumer Price Index, appropriation for 361  Contract Work Hours Standards Act 357  Eight-hour laws, repeal of provisions 360  Employee Welfare and Pension Benefit Plans, Advisory Council on, establishment; appointment of members 40  Employees’ Compensation, Bureau of, appropriation for 365  Employment Security, Bureau of, appropriation for 362  Fiftieth anniversary year, proclamation 1478  General provisions, Appropriation Act 381  International Labor Affairs, Bureau of, appropriation for 361  Labor-Management Reports, Bureau of, appropriation for 364  Labor Standards, Bureau of, appropriation for 364  Labor Statistics, Bureau of, appropriation for 361  Manpower Development and Training Act of 1962 23   Amendment, training allowances paid unemployed persons, reimbursement to railroad unemployment insurance account 679   Appropriation for effecting provisions 361  Mexican farm labor program, appropriation for 364  National Advisory Committee, appointment 28  President’s Committee on Employment of the Physically Handicapped, appropriation for 364  Public Works Acceleration Act 541  Reports to Congress. See Reports to under Congress.  Secretary, Office of the, appropriation for 366  Social Security Act. See separate title.  Solicitor, Office of the, appropriation for 366  Southern Interstate Nuclear Board, cooperation with 254  Tariff adjustment assistance program, assistance in 886, 892–899  Training allowances to unemployed persons, agreements with States 26  Unemployment compensation—   Federal employees and ex-servicemen, appropriation for 363   Korean veterans, administration of claims; repeal of obsolete provisions 558   Railroad unemployment insurance account, reimbursement for training allowances paid unemployed persons 679  Veterans’ Reemployment Rights, Bureau of, appropriation for 364  Wage and Hour Division, appropriation for 365  Welfare and Pension Plans Disclosure Act, appropriation for effecting provisions 362, 364  Welfare and Pension Plans Disclosure Act Amendments of 1962 35  Women’s Bureau, appropriation for 365  Work Hours Act of 1962 357 Labor-Management Policy, President’s Advisory Committee on, appropriation for 317 Labor-Management Relations Act, 1947, appropriation for effecting provision 379, 380 Labor-Management Reports, Bureau of, appropriation for 364 Labor Relations Board, National, appropriation for 379 Labor Standards, Bureau of, appropriation for 364 Labor Statistics, Bureau of, appropriation for 361 Lake Kaweah, Calif., designation 264 Lake Ontario, property damage claims, investigation 387 Land Management, Bureau of, appropriation for 213, 335 Latin America:  Alliance for Progress, development assistance, authorization; appropriation 257, 1163  Housing projects, increased guaranties 257 Law Day, U.S.A., 1962, proclamation 1444 Lead and Zinc Stabilization Program, appropriation for 214, 342 Legislative Branch Appropriation Act, 1959, Amendment, Capitol Police, compensation, repeal of longevity provision 695 Legislative Branch of the Government. See also Congress; House of Representatives; Senate.  Appropriation Act, 1963 680  Appropriation for 125, 215, 254, 427, 672, 680  Continuing appropriations, 1963 125, 254, 427, 672  Officers and employees, compensation increase 8661642 Libraries, Public, eligibility as educational institutions to receive surplus Government property 805 Library Act of 1962, Depository 352 Library of Congress:  Administrative provisions, Appropriation Act 692  Appropriation for 691  Blind—   Books for, appropriation for 692   Library of musical scores for, establishment 763  Collection and distribution of materials, appropriation for 692  Copyright Office—   Appropriation for 691   Registered copyrights, extension of duration of protection 555  Legislative Reference Service, appropriation for 691  Motion pictures—   Early American, appropriation for preservation of 692   Vested titles, certain, transfer from Attorney General 1140  Presidential papers, organizing and microfilming, appropriation for 692  Russian Orthodox Greek Catholic Church, Alaska, indexing and microfilming of records, appropriation for 692  Scientific or professional positions, compensation 863  Trust fund increase, authorization 135 Library of Medicine, National, appropriation for 374 Library Services Act:  Amendments, American Samoa, application extended to 586, 587  Appropriation for effecting provisions 367 Life Insurance Act, District of Columbia, Amendments 711, 715, 1131 Lighthouse Service, annuities for widows of former employees, appropriation for 719 Lincoln Boyhood National Memorial, Ind., establishment 9 Liqueurs, extension of excise tax rate 114 Livestock Diseases:  Control and eradication 129  Interstate movement, regulations 762 Long Island Sound Area, flood control projects, authorization 1181 Longshoremen’s and Harbor Workers’ Compensation Act, appropriation for effecting provisions 364 Longworth House Office Building, House of Representatives, designation 71 Loran Stations, additional construction by Coast Guard, appropriation for 577 Los Alamos, N. Mex., disposal of federally Page owned properties 661 Louisiana:  Battle of New Orleans Sesquicentennial Celebration Commission, establishment; report to Congress 755, 756  Chalmette National Historical Park, land acquisition 756  Interstate compact with Texas, waters of the Sabine River, membership 34  Livingston Parish, land claim of Robert Sibley 88  Sabine Lake Bridge and Causeway Authority, annual audit; report 59, 60  Southern Interstate Nuclear Compact, eligibility 253  Tulane University, New Orleans, duty-free importation of beta-ray spectrometer 51 Lower Brule Sioux Indians, S. Dak., lands for Big Bend Dam and Reservoir project, reimbursement 698 Loyalty Day, 1962, proclamation 1462 Lucky Linda, documentation of vessel for use in coastwise trade 1344 Luke-Williams Air Force Range, Ariz., land withdrawal 399 Lumber, tariff schedule amendments 77 Luxembourg, trade agreement, proclamation 1471 Lydia, documentation of vessel for use in coastwise trade 1345 Maine, police and firemen, coverage under Social Security Act 1202 “Manipulation of Public Opinion by Organizations Under Concealed Control of the Communist Party”, printing of additional copies of report 1417 Mann Creek Federal Reclamation Project, Idaho, construction authorization 388 Manpower Development and Training Act of 1962 23  Amendment, training allowances paid unemployed persons, reimbursement to railroad unemployment insurance account 679  Appropriation for effecting provisions 361 Maricopa County, Ariz., withdrawal of United States mineral interest in certain lands 750 Marina del Rey, Los Angeles, Calif., redesignation 3 Marine Corps. See also Armed Forces; Navy, Department of the  Aircraft, missiles, etc.—   Appropriation for 325   Procurement authorization 551643  Appropriation for 318  Claims for certain damage or injury incident to use of United States property; settlement authority 767  Disbursing officers, common use of facilities 94  Military construction, 1962, authorization 229  Military personnel, appropriation for 318  Operation and maintenance, appropriation for 321  Pay and allowances—   Appropriation for 318   Enlisted members, allotment of pay for allowances, certain exemptions 152   Quarters, increase 152, 153   Travel allowance for certain members, relief 1337  “Pay and Allowances of the Uniformed Services”, codification, revision, and enactment into law of title 37 of United States Code 451–502  Reserve components—   Appropriation for 319   Lump-sum payment for involuntary release; limitation 120, 121   Military construction, appropriation for 577  Reserve Forces facilities, 1962, authorization 243  Reserve Officers’ Training Corps graduates, acceptance of commission in Coast and Geodetic Survey, authorization 167  Retirement—   Lump-sum payment for involuntary release; limitation 120, 121   Pay, appropriation for 320   Retired officers, time limitation on withholding pay while employed by certain contractors 777  Stock Fund, appropriation for 321  Uniform Code of Military Justice, nonjudicial punishment 447 Maritime Administration:  Appropriation for 209, 1092  General provisions, Appropriation Act 1093 Maritime Day, 1962, National, proclamation 1477 Marshals, United States:  Appropriation for 214, 1086  Fees for services, increase 417  Florida, Southern Judicial District, appointment 248 Maryland:  Antietam National Battlefield, land exchange 81  Potomac River Compact of 1958 797  Prince Georges County Hospital, land conveyance 527  Silver Hill Voluntary Fire Department and Rescue Squad, land conveyance 1118  Southern Interstate Nuclear Compact, eligibility 253  Washington Metropolitan Area Transit Regulation Compact, amendments, geographical jurisdiction and transportation covered, extension 764 Medal of Honor Centennial, United States Army, proclamation 1491 Medals and Decorations:  Coast Guard, time limit for awards 141  Hope, Bob, gold medal, authorization 93  MacArthur, Gen. Douglas, gold medal, authorization 760  Rayburn, Sam, gold medal, authorization 605  West Virginia Centennial 650 Mediation and Conciliation Service, Federal, appropriation for 380 Mediation Board, National, appropriation for 380 Medicine, National Library of, appropriation for 374 Menominee County, Wis.:  Eastern Judicial District, inclusion in 307  Financial assistance; construction of sanitation facilities, authorization 53, 54  School district costs, appropriation for grants 214 Mental Health Activities, appropriation for 373 Mentally Retarded:  Child welfare, appropriations for grants 376  Schools for, eligibility to receive surplus Government property 805  Teachers for, appropriation for expansion in education of 368 Merchant Marine Academy:  Appropriation for 1093  Designation as depository library for Government publications 355 Merchant Marine Act, 1936:  Amendments—   Construction-differential subsidies, limitations on; repeal of provisions preferential to Pacific coast builders 1200   Construction reserve funds, time extension for commitment 796   Mobile trade fairs, development and use 1074   “Obsolete vessel”, extension of definition for trade-in purposes 7511644   Shipbuilding costs, annual report to Congress 1201   Shipyards, construction capability; annual survey 1201   War Risk Insurance Fund, authorization for investment of 740  Appropriation for effecting provisions 1092, 1093  Foreign-flag vessels, transportation of lumber to Puerto Rico; temporary suspension of restriction 1201 Metal Scrap, duty-free importation 126 Meteorological Satellite Operations, appropriation for 1097 Metropolitan Police Relief Association of the District of Columbia, incorporation 135 Mexican Farm Labor Program, appropriation for 364 Mexico, International Boundary and Water Commission, United States and:  Appropriation for obligations 1082  Bridges across the Rio Grande River, approval of construction 140, 154 Michigan, Chippewa County War Memorial Hospital, Sault Sainte Marie, duty-free entry of steel for 72 Middle Atlantic Coastal Area, flood control projects, authorization 1182 Midland, Pa., land conveyance by Department of the Army 1179 Migration and Refugee Assistance Act of 1962 121  Appropriation for effecting provisions 1167 Migratory Bird Conservation Account, appropriation for 344 Migratory Bird Conservation Act, Amendment, increased appropriation authorization under 922 Migratory Workers, grants for family clinics for domestic agricultural 592 Military Academy, United States, appointment of persons from American Samoa, Guam, or Virgin Islands to 547 Military Appeals, Court of, appropriation for 324 Military Bounty Land Warrants, purchase and cancellation; repeal of obsolete provisions 246 “Military Cold War Education and Speech Review Policies”, printing of additional copies of hearings 1424 Military Construction, 1962, authorization 223 Military Construction Act of 1955, Amendment, increased authorization for public works projects 230, 239 Military Construction Act of 1958, Amendment, increased authorization for public works projects 226 Military Construction Act of 1960, Amendment, increased authorizations for public works projects 226, 230, 236 Military Construction Act of 1961, Amendment, increased authorization for public works projects 231 Military Construction Appropriation Act, 1962, continuing appropriations, 1963 126, 254, 427 Military Construction Appropriation Act, 1963 576 Military Justice, Uniform Code of, nonjudicial punishment 447 Milk:  Feed available during emergency to producers of 632  Special milk program, appropriation for; reimbursement of Commodity Credit Corporation 1208, 1213  State and local health work regarding food, milk, etc., appropriation for 372 Mineral Leasing Act, Amendment, oil and gas leases, reinstatement 943 Minerals:  Alaska, public lands valuable for minerals, disposition with reservation 740  Maricopa County, Ariz., withdrawal of United States mineral-interest in certain lands 750  Petrified wood, exclusion as valuable mineral deposit on public lands 652  Pima County, Ariz., withdrawal of mineral interest from certain public lands 743  Snake River vicinity, Idaho, mineral reservation to United States 89 Minerals Exploration, Office of, appropriation for 214, 342 Mines, Bureau of:  Appropriation for 341  Helium properties, development and operation 342 Mines and Mining:  Anthracite coal mines, abandoned, financial assistance to Pennsylvania for sealing 934  Grand Canyon National Park, Ariz., Orphan Claim, acquisition 79  Lead and zinc stabilization program, appropriation for 214, 342  Unpatented mining claims, land conveyances to residential occupants; reservation of United States mineral interests 11271645 Minidoka Irrigation District, Idaho, amendatory contracts, authorization 90 Minnesota:  Superior National Forest, appropriation for acquisition of land; land exchange 347, 1118  Wetlands, limitation on assistance for drainage 696 Mint, Bureau of the:  Appropriation for 311  Mint and assay offices—   Repeal of certain obsolete provisions 155, 156   San Francisco office, designation as assay office 155  One-cent pieces, elimination of tin in alloy of 440  Uncirculated coins, use of proceeds from sales to reimburse expenses 440 Missiles, Aircraft, Naval Vessels:  Appropriation for 325  Procurement authorization 55 Mississippi:  Arkansas-Mississippi Bridge Commission, annual audit; report 59, 60  Pascagoula River Basin, flood control projects, authorization 1183  Proclamation relating to obstructions of justice in State 1506  Southern Interstate Nuclear Compact, eligibility 253  Will M. Whittington Auxiliary Channel, Yazoo River Basin, designation 1184 Mississippi River Basin, Lower, flood control projects, authorization 1184 Mississippi River Basin, Upper, flood control projects, authorization 1189 Missouri, District Court, Western District, transfer of certain counties from Western Division to St. Joseph Division 85 Missouri River Basin:  Angostura Irrigation District, maintenance charges, deferment 58  Flood control projects, authorization 1187 Molybdenum, disposal under Strategic and Critical Materials Stock Piling Act, congressional approval 1420 Monetary Fund, International:  Acquisition of certain property in District of Columbia for headquarters expansion 222  Appropriation for 1168  United States loans; currencies or gold purchases 105 Monofilament Gill Fish Nets, duty-free importation 808 Montana:  Interstate compact with North Dakota, South Dakota, and Wyoming, time extension for negotiations 71  Sun River project, Fort Shaw Division, reclassification of land; modification of repayment contract 93 Montgomery County Flood Control and Water Conservation District, Calif., land conveyance by Department of the Army 439 Mother’s Day, 1962, proclamation 1482 Motor Vehicles:  District of Columbia—   Learners’ permits, fee increase 710   Metropolitan Police Department, personal property in custody of, disposition 591   Operators’ permits, restoration fees 742  District of Columbia Motor Vehicle Parking Facility Act of 1942, amendments, use of moneys collected under 18  Excise tax rate, extension 114  Exhausts, air pollution studies 760  National Register of Revoked Motor Vehicle Operators’ Licenses, appropriation for 1094  Purchase or hire for Government use; elimination of detailed estimate in annual budget 775 “Motor Vehicles, Air Pollution and Health”, printing as House document, additional copies 1422 Mount Shasta, Calif., land conveyance 110 Muscatine Bridge Commission, Iowa, annual audit; report 59, 60 Mutual Defense Assistance Control Act of 1951, appropriation for effecting provisions 1163 Mutual Educational and Cultural Exchange Act of 1961:  Amendments—   Expositions abroad 263   Personnel in supergrades under 865  Appropriation for effecting provisions 1084  Special international exhibitions, appropriation for expenses 1104, 1105 Mutual Security Act of 1954, refugee and migration needs, transfer of funds for; repeal of certain provisions 122, 124 Narcotics, Bureau of, appropriation for 311 National Advisory Committee, appointment by Secretary of Labor 281646 National Aeronautics and Space Act of Page 1958, Amendments:  National Aeronautics and Space Council personnel, employment provisions 385  Reimbursement to owners for lands acquired for official use 384 National Aeronautics and Space Administration:  Appropriation for 212, 730  Communications Satellite Act of 1962 419  Construction of facilities—   Appropriation authorized 382   Appropriation for 212  General provisions, Appropriation Act 731  Housing, public facility loan program, assistance in certain areas 435  Land acquisitions, supplemental appropriation for, authorization 384  Meteorological satellite operations, transfer of funds for facilities 1097  Report to Congress, research and development, construction, etc 382, 383  Research and development—   Appropriation authorized 382   Appropriation for 212, 730   Commercial communications satellite system 419, 421  Scientific or professional positions, compensation 864  Southern Interstate Nuclear Board, cooperation with 254 National Aeronautics and Space Administration Authorization Act for the Fiscal Year 1963 382 National Aeronautics and Space Council:  Appropriation for 716  Personnel, employment provisions 385 National Agricultural Library, appropriation for 1211 National Apprenticeship Month, proclamation 1480 National Archives and Records Service:  Appropriation for 725  Federal Register. See separate title. National Armed Forces Museum Advisory Board, appropriation for 351 National Banks:  Branches in foreign countries, extension of activities 388  Consolidation or merger, retention after 667  Real estate and construction loans, lending limitations 662  Trust powers, authorization by the Comptroller of the Currency 668 National Board for the Promotion of Rifle Practice:  Appropriation for 323  Transfer of ammunition by Department of Defense 333 National Bureau of Standards:  Appropriation for 1095  Research and technical services, appropriation for 1095  Working Capital Fund, availability of funds 1096 National Cancer Institute, appropriation for 211, 373 National Capital Housing Authority, appropriation for 731 National Capital Planning Commission:  Appropriation for 350  Membership to include National Capital Transportation Agency 575 National Capital Transportation Agency:  Appropriation for 350  Membership on National Capital Planning Commission 575 National Cemeteries, appropriation for expenses 1100, 1216 National Commission on Educational, Scientific, and Cultural Cooperation, appropriation for 1080 National Committee on Geology, United States, appropriation for 341 National Cultural Center Week, 1962, designation 910 National Day of Prayer:  1961, proclamation 1433  1962, proclamation? 1509 National Defense Education Act of 1958:  Amendment, scholarship applications, criminal record information; ineligibility of members of registered Communist organizations 1070  Appropriation for effecting provisions 367, 1151 National Defense Transportation Day, 1962, proclamation 1449 National Employ the Physically Handicapped Week, 1962, proclamation 1498 National Farm-City Week, 1962, proclamation 1504 National Farm Safety Week, 1962, proclamation 1450 National Fisheries Center and Aquarium, District of Columbia, construction, operation, etc.; establishment of Advisory Board 752, 753 National Forest Products Week:  1961, proclamation 1435  1962, proclamation 1500 National Forest Reservation Commission, appropriation for 348 National Forests. See also Forest Service.  Cache National Forest, Utah, appropriation for acquisition of land 347  Carson National Forest, N. Mex., addition of lands 4321647  Forest highways—   Contract authorization liquidation, appropriation for 1095   Funds for, authorization 1145  National survey of resources, increased appropriation authorized 579  Pike National Forest, Colo., addition of lands 432  Santa Fe National Forest, N. Mex., addition of lands 434  Status extended to adjacent public lands 140  Superior National Forest, Minn., appropriation for acquisition of land; land exchange 347, 1118  Uinta National Forest, Utah, appropriation for acquisition of land 347  Wasatch National Forest, Utah, appropriation for acquisition of land; land additions 347, 545 National Gallery of Art:  Appropriation for 351  Board of Trustees, nomination of beneficiary of will of Esther C. Schmitt 88 National Guard:  Air—   Appropriation for 319, 322   Military construction, appropriation for 577  Army—   Appropriation for 319, 322   Military construction, appropriation for 577  Compensation 495  Enlistment, oath 748  “Pay and Allowances of the Uniformed Services”, codification, revision, and enactment into law of title 37 of United States Code 451–502 National Heart Institute, appropriation for 211, 373 National Highway Week, 1962, proclamation 1458 National Housing Act, Amendments 418, 751 National Institute of Dental Research, appropriation for 374 National Institutes of Health, appropriation for 373 National Labor Relations Board, appropriation for 379 National Library of Medicine, appropriation for 374 National Maritime Day, 1962, proclamation 1477 National Mediation Board, appropriation for 380 National Park Service:  Appropriation for 213, 338  Battle of New Orleans Sesquicentennial Celebration Commission, appointment of Director to 755  Cape Hatteras National Seashore, N.C., bridge construction cost, participation authorization 909  Concession contracts, maintenance of Government-owned improvements under 405  First World Conference on National Parks, cooperation 112  Fort Saint Marks National Historic Site, Fla., administration 808  Frederick Douglass Home, D.C., establishment as part of park system in the National Capital 435  Lincoln Boyhood National Memorial, Ind., administration 9  Park Police, trial boards for, creation 907  Saint Augustine Quadricentennial Commission, Fla., appointment of Director to 386 National Park Trust Fund Board, acceptance of funds for Theodore Roosevelt Birthplace and Sagamore Hill National Historic Sites 217 National Parks, Monuments, Seashores, Etc.:  Antietam National Battlefield, Md 81  Buck Island Reef National Monument, V.I 1441  Cape Hatteras National Seashore, N.C. 909  Capulin Mountain National Monument, N. Mex 436  Chalmette National Historical Park, La 756  Edison National Historic Site, N.J 428  Fort Saint Marks National Historic Site, Fla 807  Frederick Douglass Home, D.C. 435  Gila Cliff Dwellings National Monument, N. Mex 1465  Grand Canyon National Park, Ariz 79  Hamilton Grange National Memorial, N.Y 57  Lincoln Boyhood National Memorial, Ind 9  Natural Bridges National Monument, Utah 1495  Padre Island National Seashore, Tex 650  Petersburg National Battlefield, Va 403  Point Reyes National Seashore, Calif 538  Roads and trails, authorization for funds 1145  Sagamore Hill National Historic Site, N.Y 217  Saguaro National Monument, Ariz 1437  Theodore Roosevelt Birthplace National Historic Site, N.Y 2171648  Timpanogos Cave National Monument, Utah 1457  Virgin Islands National Park 746  Whitman Mission National Historic Site, Wash 90 National Poison Prevention Week, proclamation 1448 National Portrait Gallery Act, creation of Commission 62 National Public Works Week:  Designation 168  Proclamation 1493 National Register of Revoked Motor Vehicle Operators’ Licenses, appropriation for 1094 National Safe Boating Week, 1962, proclamation 1451 National Safety Council Fiftieth Anniversary Year:  Designation 569  Proclamation 1503 National School Lunch Act:  Amendments—   American Samoa, application extended to 586, 587, 944   Cash assistance funds, revision of apportionment formula; additional assistance to poor economic areas 944, 946   Definitions, technical amendments 945  Appropriation for effecting provisions 1208 National School Lunch Week:  Designation 779  1962, proclamation 1507 National Science Foundation:  Appropriation for 731  Director, appointment; compensation 1255  National Science Board, Executive Committee of the, establishment 1254 National Science Foundation Act of 1950, Amendment, scholarship applications, criminal record information; ineligibility of members of registered Communist organizations 1069 National Security Agency, scientific or professional positions, compensation 864 National Security Council, appropriation for 316 National Transportation Week:  Designation 69  1962, proclamation 1481 National Voter Registration Month, 1962, proclamation 1499 National Woman’s Relief Corps, Auxiliary to the Grand Army of the Republic, incorporation 502 National Youth Fitness Week, 1962, proclamation 1456 National Zoological Park, D.C., appropriation for 351 Natural Bridges National Monument, Utah, modification, proclamation 1495 Natural Gas Act, Amendment, natural gas for industrial users, suspension of rates 72 Navajo Dam and Reservoir Project, land exchange with Southern Ute Indian Tribe 954 Navajo Indian Irrigation Project, N. Mex., construction, operation, etc 96 Naval Academy, United States:  Appointment of persons from American Samoa, Guam, or Virgin Islands to 547  Belgium citizens, authorization for attendance of two 86 Naval Sea Cadet Corps, incorporation 530 Naval Shipyards, New York and San Francisco, relief of certain civilian employees 1162 Navy, Department of the. See also Armed Forces; Defense, Department of.  Aircraft and missiles—   Appropriation authorized 55   Appropriation for 324  Appropriation for 318, 576  Assistant secretaries, compensation 526  Claims for certain damage or injury incident to use of United States property; settlement authority 767  Disbursing officers, common use of facilities 94  Experts or consultants, employment 327  Land conveyances—   Camp Matthews, Calif 546   Hawaii 530   United States Naval Station, San Juan, P. R 544  Luke-Williams Air Force Range, Ariz., land withdrawal 399  Military construction, 1962, authorization 227  Military Construction Appropriation Act, 1963 576  Military personnel, appropriation for 318  Naval petroleum reserves, South Barrow gas field, Alaska; development, disposition of products 401  Naval Sea Cadet Corps, Inc., annual report 534  Naval vessels, appropriation authorized 55  Officer Personnel Act of 1947, amendment, lump-sum payment for involuntary release; limitation 121  Oil shale reserves, jurisdiction 904  Operation and maintenance, appropriation for 320  Pay and allowances—   Appropriation for 3181649   Enlisted members, allotment of pay for allowances, certain exemptions 152   Quarters, increase 152, 153  “Pay and Allowances of the Uniformed Services”, codification, revision, and enactment into law of title 37 of United States Code 451–502  Prisoners of war, funds available for expenses 328  Reports to Congress. See Reports to under Congress.  Research, development, etc., appropriation for 326  Reserve components—   Appropriation for 319   Lump-sum payment for involuntary release; limitation 120, 121   Military construction, appropriation for 577  Reserve Forces facilities, 1962, authorization 243  Reserve Officers’ Training Corps graduates, acceptance of commission in Coast and Geodetic Survey, authorization 167  Retirement—   Lump-sum payment for involuntary release; limitation 120, 121   Pay, appropriation for 320   Retired officers; time limitation on withholding pay while employed by certain contractors 777  Shipbuilding and conversion, appropriation for 324  Shipyards, New York and San Francisco, relief of certain civilian employees 1162  Uniform Code of Military Justice, nonjudicial punishment 447  United States Naval Oceanographic Office, designation (formerly Hydrographic Office) 154  United States Naval Supply Depot Clearfield, jurisdiction over lands within, relinquishment 545  Vessels. See separate title.  Yards and Docks, Bureau of, contracts with the United States, military installations, supervision 241 Nebraska, Ponca Tribe of Native Americans of Nebraska, division of tribal assets 429 Needles, Calif., land conveyance 749 Netherlands, trade agreement, proclamation 1471 Neurology and Blindness Activities, appropriation for 374 Nevada, Colorado River Commission, land conveyance, extension of time provisions 804 New England-Atlantic Coastal Area, flood control projects, authorization 1181 New Jersey:  Burlington County; certain Delaware River bridges, use of funds by owners 440  Delaware River and Bay bridges, construction and maintenance of additional 741  Edison National Historic Site, designation 428  Fort Hancock Military Reservation, legislative jurisdiction over certain lands, retrocession to State 438  Interstate compact with Delaware 560 New Jersey-Atlantic Coastal Area, flood control projects, authorization 1181 New Mexico:  Capulin Mountain National Monument, boundary revision 436  Carson National Forest, addition of lands 432  Elephant Butte and Caballo Reservoirs, construction of recreation facilities 171  Gila Cliff Dwellings National Monument, addition of lands, proclamation 1465  Jicarilla Apache Tribe of Indians, lands held in trust for 595  Los Alamos, disposal of federally owned properties 664  Navajo Indian irrigation project, construction, operation, etc 96  Pueblo Indians, correction of certain land descriptions 585  San Juan-Chama reclamation project, construction, operation, etc 97  Santa Fe National Forest, addition of lands 434  Tularosa Basin, flood control project, authorization 1185  Zuni Tribe of Indians, land conveyance 33 New Orleans Sesquicentennial Celebration Commission, Battle of, appointment of Director to 755 New York:  Ferry slip 7, rehabilitation, reimbursement of city of New York 19  Hamilton Grange National Memorial, establishment 57  Naval Shipyard, relief of certain civilian employees 1162  Sagamore Hill National Historic Site, establishment 217  Theodore Roosevelt Birthplace National Historic Site, establishment 2171650 Fair:  Appropriation for United States participation 210  United States Commissioner, appointment; compensation 210 New Zealand, trade agreement, proclamation 1471 Nicaragua, Rama Road:  Additional funds authorized 1145  Appropriation for 1084 Nickel and Nickel Oxide Powder, disposal under Strategic and Critical Materials Stock Piling Act, congressional ap proval 1420 Nigeria, immigration quota, proclamation 1439 Nonprofit Corporation Act, District of Columbia 265 North Carolina:  Cape Hatteras National Seashore, bridge construction, costs, etc 909  Cherokee Indians, Eastern Band, lands held in trust for 132  Southern Interstate Nuclear Compact, eligibility 253  W. Kerr Scott Dam and Reservoir, designation 1198 North Carolina Tercentenary Celebration Commission, establishment; report to Congress 56, 57 North Dakota:  Garrison Dam project, tribes of Fort Berthold Reservation, use of land in 594  Interstate compact with Montana, South Dakota, and Wyoming, time extension for negotiations 71  Wetlands, limitation on assistance for drainage 696 Norway, trade agreement, proclamation 1472 Nuclear Compact, Southern Interstate 249 Number 220, documentation of vessel for use in coastwise trade 1345 Number 235, documentation of vessel for use in coastwise trade 1345 Numismatic Association, American, perpetual succession 54 Nursing Services and Resources, appropriation for 371 Obscene Matter, distribution by mail and detention of 841 Officer Personnel Act of 1947, Amendment, lump-sum payment for involuntary release; limitation 121 Ohio:  Akron, holding court at 959  Battle of Lake Erie Sesquicentennial Celebration Commission, establishment 1244  Cincinnati, Christ Episcopal Church, silver cross, duty-free importation 404  Cuyahoga County, settlement of claims 1106 Ohio River Basin, flood control projects, authorization 1188, 1189 Oil and Gas:  Leases, reinstatement 943  Shale reserves—   Experimental facility, Rifle, Colo., Interior Department jurisdiction 906   Naval, Navy Department jurisdiction 904  Sweetwater County, Wyo., United States reservation in land conveyance 45 Oil and Gas, Office of, appropriation for 343 Oklahoma:  Arbuckle Federal reclamation project, construction authorization 395  Cherokee Tribe of Indians, judgment funds, distribution 776  Southern Interstate Nuclear Compact, eligibility 253 Oregon:  Agate Dam and Reservoir, construction authorization 677  Baker Federal reclamation project, construction, maintenance, etc 634  Pacific Marine Fisheries Compact, amendment; additional States, participation 763  Rogue River Basin, flood control project, authorization 1192 Oregon and California Grant Lands, appropriation for 335 Organic Act of Guam, Amendment, appointment of acting secretaries 34 Osage Museum, appropriation for curator 338 “Our Flag”, printing as House document, additional copies 1417 Oysters:  Disease-resistant strains; research, development and propagation 356, 357  Emergency loans to planters 958 Pacific Marine Fisheries Compact, Amendment, additional States, participation 763 Padre Island National Seashore, Tex., establishment 650 Pakistan, trade agreement proclamation 14721651 Palm and Coconut Oil, temporary suspension of excise tax, extension 1138 Pan American Day and Pan American Week, 1962, proclamation 1450 Panama Canal. See Canal Zone. Park Police, United States:  Survivors’ benefits, extension 402  Trial boards for, creation 907 Partnership Act, Uniform 636 Partnership Act, Uniform Limited 655 Pasco, Wash., relief of liability of payment to United States 51 Patent Office:  Appropriation for 1094  Patent interferences, filing of settlement notices 958  Tax treatment of sale or exchange of patents, inventions, etc 1045  Trademarks, registration, protection, etc 769–775 “Pay and Allowances of the Uniformed Services”, codification, revision, and enactment into law of title 37 of United States Code 451–502 Peace Corps Act:  Amendments—   Extension of program; authorization for increased appropriation 62   Supergrades, compensation 865  Appropriation for effecting provisions 1166 Peace Officers Memorial Day, designation 676 Pennsylvania:  Abandoned anthracite coal mines, financial assistance for sealing of 934  Alvin R. Bush Dam, redesignation of Kettle Creek Dam as 54  Midland, land conveyance by Department of the Army 1179 Perfumes, extension of excise tax rate 114 Perishable Agricultural Commodities Act, 1930, Amendments, licenses; trade names; definitions, etc 673 Peru, trade agreement, proclamations 1472, 1487, 1489 Petersburg National Battlefield, Va., designation 403 Petrified Wood on Public Lands, removal of limited quantities 652 Petroleum, tariff schedule amendments 77 Philippine Rehabilitation Act of 1946, payment of balance of awards under 411 Philippines:  Veterans, appropriation for grants for medical care 733  War damage claims—   Appropriation for payment 1169   Investigation, certification 411 Phonograph Records with Counterfeit Labels, transportation or sale of; penalties 775 Physically Handicapped:  National Employ the Physically Handicapped Week, 1962, proclamation 1498  President’s Committee on Employment of, appropriation for 364  Schools for, eligibility to receive surplus Government property 805 Pig Tin, disposal under Strategic and Critical Materials Stock Piling Act, congressional approval 1420 Pike National Forest, Colo., addition of lands 432 Pima County, Ariz., withdrawal of mineral interests 743 Plant and Animal Disease Control:  Appropriation for 209, 1203, 1204  State cooperation for regulation 663 Platinum and Nonferrous Scrap, disposal under Strategic and Critical Materials Stock Piling Act, congressional approval 1420 Playa del Rey Inlet and Harbor, Venice, Calif., redesignated Marina del Rey, Los Angeles, Calif 3 Point Reyes National Seashore, Calif., establishment 538 Poison Prevention Week, National, proclamation 1448 Police:  Metropolitan—   Longevity step increases, limitation 1243   Medical care 635   Personal property in custody of, disposition 589   Police Relief Association, incorporation 135   Promotions or transfers, adjustment of compensation 1243   Salary schedule; service and longevity step adjustments 1239, 1240   Service-aggravated disability, extension of benefits for 1133   Survivors’ benefits, extension 402  Park Police—   Survivors’ benefits, extension 402   Trial boards for, creation 907  White House Police—   Appropriation for 312   Increased force; supervision; duties 95   Survivors’ benefits, extension 402 Police Week, designation 676 Police Week and Peace Officers Memorial Day, 1962, proclamation 14641652 Policemen and Firemen’s Retirement and Page Disability Act Amendments of 1957:  Amendment, service-aggravated disability, extension of benefits for 1133  Extension of survivors’ benefits under 402 Poliomyelitis, vaccination program, grants to States 1155 Poll Tax, proposed constitutional amendment relating to qualifications of electors 1259 Ponca Tribe of Native Americans of Nebraska, division of tribal assets 429 Portugal, trade agreement, proclamations 1472, 1486, 1489 Post Office Department and Postal Service:  Appropriation Act 313  Appropriation for 125, 254, 313  Appropriations, reimbursement from collection of certain payments, fines, etc 109  Blind, reading and other materials 837–839  Codification of certain recent laws to bring up to date title 39 of United States Code 442  Communist political propaganda, exclusion from United States mails 840  Compensatory time, unused at time of death, payment of 103  Contract mail routes, extension 1144  Defense, Department of, reimbursement for commercial air transportation 332  Educational materials, clarification of intent 837  Federal Aviation Act of 1958, amendments, postal offenses, penalties 149, 150  Fourth-class office, salary schedules 853  Gross receipts, methods of determining 835  Highway post office—   Routes, additional 106   Service contract, alteration, etc 106  Obscene matter, detention of 841  Postal Employees Salary Adjustment Act of 1962 850  Postal Employees Salary Increase Act of 1960, amendment, repeal of provisions 858  Postal Field Service—   Employees salary schedules 850   Personnel requirements 858  Postal Fund, contributions to; current authorizations out of 313  Postal policy, identification of public services and costs 836  Postal rates—   Airmail, increase 832   Controlled circulation publications 834   Fees and permits, increase in certain 835   First-class mail, increase 832   Fourth-class mail, increase 834   Second-class mail, increase 832   Third-class mail, increase 834  Postal Service and Federal Employees Salary Act of 1962 832  Postmasters, qualifications of applicants 836  Public buildings projects, report to Congress, repeal 87  Reports to Congress, public buildings projects, repeal; etc 87, 836  Research, development, and engineering, appropriations for 314  “Revenue of the Department”, definition 442  Rural carriers, employees salary schedules 851  Rural delivery and star route mileage, certification for Federal-aid highway funds 1148  Second class publications, filing of information concerning 1144  Third and fourth class mail, written instructions enclosed 102  Transportation of mails, appropriation for 314 Postal Employees Salary Adjustment Act of 1962 850 Postal Rate Revision and Federal Employees Salary Act of 1948, Amendment, repeal of provisions 840 Postal Service and Federal Employees Salary Act of 1962 832 Potawatomi Indians, Prairie Band, Kans., lands held in trust for 112 Potomac River Basin, flood control project, authorization 1182 Potomac River Basin, Interstate Commission on the, appropriation for 380 Potomac River Compact of 1958, consent of Congress 797 Potomac River Fisheries Commission, creation 798 Poultry Diseases:  Control and eradication 129  Interstate movement, regulation 762 Poultry Products Inspection Act, Amendment, Puerto Rico and Virgin Islands, extension to 110 Prayer for Peace, Memorial Day, 1962, proclamation 1483 President of the United States:  Alliance for Progress, Latin American countries, appropriation authorization 258  American Sections, International Commissions, appropriation for expenses 10831653  Appointments by—   Battle of Lake Erie Sesquicentennial Celebration Commission, members 1244   Battle of New Orleans Sesquicentennial Celebration Commission, members 755   New York World’s Fair, United States Commissioner 210   North Carolina Tercentenary Celebration Commission, members 56   Saint Augustine Quadricentennial Commission, members 386   Southern Interstate Nuclear Board, Federal representative 254  Appointments by, with advice and consent of Senate—   Bureau of Security and Consular Affairs, Administrator 123   Commerce, Department of, Assistant Secretary 9   Communications Satellite Corporation, incorporators 423   District of Columbia—    Juvenile Court, two additional judges; Chief Judge 21, 398    Municipal Court, Chief Judge 398    Municipal Court of Appeals, Chief Judge 398   Foreign Claims Settlement Commission, members 1113   National Science Foundation, Director 1255   Science and Technology, Office of, Director and Deputy Director 1253   Trade Negotiations, Special Representatives for, appointment 878   United States Attorney, Southern District, Fla 248   United States Marshal, Southern District, Fla 248  Armed Forces, Ready Reserve, active duty, authorization 710  Bribery and conflict-of-interest provisions, violations; authority to void transactions 1125  Budget, Bureau of the, appropriation for 316  Civil defense, emergency authority, extension 111  Communications Satellite Corporation, appointment of incorporators 423  Communications satellite system, aid in development 421  Communist nations or countries assisting Cuba, economic assistance to; restrictions 1165, 1166  Compensation, appropriation for 315  Defense Production Act of 1950, amendment, extension of defense powers 112  Economic Advisers, Council of, appropriation for 316  Election for, proposed constitutional amendment relating to qualifications of electors 1259  Emergency Planning, Office of—   Appropriation for 716   Trade agreements with foreign countries, investigations regarding national security 877  Executive mansion and grounds, appropriation for 315  Executive Office—   Appropriation for 126, 254, 315, 716   Science and Technology, Office of, establishment 1253  Federal Salary Reform Act of 1962, authorization under 841  Foreign Assistance Act of 1962 255  Foreign governments, low-powered radio transmitters in District of Columbia, authorization for operation 903  Former—   Office facilities and allowances, appropriation for 726   Secret Service protection 956  Funds appropriated to—   Administrative expenses 1163   Alliance for Progress, development assistance 1163   American hospitals abroad 1163   Contingency fund 1163   Development grants 1163   Disaster relief 211   Economic assistance 1163   Emergency fund 316   Inter-American Development Bank 1168   International Development Association 1168   International Monetary Fund 1168   International organizations and programs 1163   Investment guaranties 1163   Management improvement 316   Military assistance 1164   Peace Corps Act 1166   Public works acceleration 1227   Supporting assistance 1163  Hospital and medical care furnished by the United States, recovery from liable third person, regulations 593  Intergovernmental Committee for European Migration, United States participation, authorization 121  International Peace and Security Act of 1961, amendments 2591654  Migration and Refugee Assistance Act of 1962 121  National Aeronautics and Space Council, appropriation for 716  National, Security Council, appropriation for 316  Papers of, organizing and microfilming, appropriation for 692  Peace Corps Act, amendment, extension of program; authorization for increased appropriation 62  Proclamations. See separate title.  Public Works Acceleration Act—   Appropriation for effecting provisions 1227   Initiation of projects; prescription of regulations, etc 542, 543  Reports to—   Foreign Claims Settlement Commission, property damage claims, Lake Ontario, investigation 387   Franklin Delano Roosevelt Memorial Commission, design change or modification 1079   Government agencies, salary rates 841   Interior Department, Roaring Fork River reservoir, Fryingpan-Arkansas project 390   Southern Interstate Nuclear Board, Federal representative 254   Tariff adjustment assistance program 885   Tariff Commission, United States, revised tariff schedules 73, 75  Reports to, for transmittal to Congress—   Health, Education, and Welfare, Department of, public welfare programs 187, 190, 207   Manpower requirements, resources, use and training 25   Watershed areas, joint reports on investigations by Departments of the Army and Agriculture 438  Reports to Congress. See Reports to under Congress.  Science and Technology, Office of—   Appropriation for 126, 254, 427, 672, 717   Director and Deputy Director, appointment; compensation 1253   Establishment 1253  Special projects, appropriation for 315  Successors to, penalty for threats against; Secret Service protection 956  Sugar quotas, allocation 166, 169  Textile imports from certain countries, regulations 104  Trade agreements with foreign countries—   Administrative provisions 878  European Economic Community, special provisions 873  General authority; modification of duties; proclamation authorization 872  General provisions 879  National security, withdrawal of products for safeguarding 877  Negotiation requirements 874  Tariff adjustment assistance program for industries, firms and workers, establishment 883  Trade Expansion Act of 1962 872  United Nations—   Appropriation for loans to 1082   Bonds, authorization for purchase of 695  White House Office, appropriation for 315 President’s Advisory Committee on Labor-Management Policy, appropriation for 317 President’s Committee for the Department of Labor Fiftieth Anniversary Year, establishment, membership; proclamation 1478 President’s Committee on Employment of the Physically Handicapped, appropriation for 364 Pribilof Islands, appropriation for administration 344 Prince Georges County Hospital, Md., land conveyance 527 Prince William County, Va., sale of property owned by District of Columbia 92 Prison System, Federal. See Federal Prison System. Prisoners, United States, appropriation for support 215, 1088 Prisoners of War, funds available for expenses 328 Prisons, Bureau of:  Additional positions 849, 850, 1087  Juvenile delinquents committed by the Court to the custody of the Attorney General, study 52 Proclamations:  American Education Week, 1962 1501  Bill of Rights Day, authorization 759  Buck Island Reef National Monument, V. I., establishment 1441  Cancer Control Month, 1962 1460  Cancer Progress Year, 1962, authorization 86  Captive Nations Week, 1962 1492  Cheese, certain blue-mold, modification of import quota 1459  Child Health Day, 1962 14971655  Citizenship Day and Constitution Week, 1962 1462  Civil Service Act, eightieth anniversary 1505  Columbus Day, 1962 1506  Constitution, one hundred and seventy-fifth anniversary of signing of, extended observance 1508  Constitution Day, authorization 759  Cuban trade embargo 1446  Fire Prevention Week, 1962 1493  Flag Day, 1962 1484  General Pulaski’s Memorial Day, 1962 1500  Gila Cliff Dwellings National Monument, N. Mex., addition of lands 1465  Homestead Centennial Year 1443  Human Rights Week, 1961 1440  Immigration quotas 1439  International Exposition for Southern California, 1966, authorization 414  Interstate Commerce Commission Day 1461   Designation 52  Labor, Department of, Fiftieth Anniversary Year 1478  Law Day, U.S.A., 1962 1444  Loyalty Day, 1962 1462  Medal of Honor Centennial, United States Army 1491  Mississippi, obstructions of justice in State 1506  Mother’s Day, 1962 1482  National Apprenticeship Month 1480  National Cultural Center Week, 1962, authorization 910  National Day of Prayer, 1961 1433  National Day of Prayer, 1962 1509  National Defense Transportation Day, 1962 1449  National Employ the Physically Handicapped Week, 1962 1498  National Farm-City Week, 1962 1504  National Farm Safety Week, 1962 1450  National Forest Products Week, 1961 1435  National Forest Products Week, 1962 1500  National Highway Week, 1962 1458  National Maritime Day, 1962 1477  National Poison Prevention Week 1448  National Public Works Week 1493   Designation 168  National Safe Boating Week, 1962 1451  National Safety Council Fiftieth Anniversary Year 1503   Designation 569  National School Lunch Week, 1962 1507   Designation 779  National Transportation Week, 1962 1481   Designation 69  National Voter Registration Month, 1962 1499  National Youth Fitness Week, 1962 1456  Natural Bridges National Monument, Utah, modification 1495  Pan American Day and Pan American Week, 1962 1450  Peace Officers Memorial Day, authorization 676  Police Week and Peace Officers Memorial Day, 1962 1464   Designation 676  Prayer for Peace, Memorial Day, 1962 1483  Red Cross Month, 1962 1445  Saguaro National Monument, Ariz., enlargement 1437  Shmurah wheat flour, importation for religious purposes 1447  Small Business loans to import-injured firms, authorization for; effective date 221  Sugar quotas—   Argentina 1494   Cuba 1438   Dominican Republic 1494  Tariff schedules, revised 74, 75  Thanksgiving Day, 1961 1435  Timpanogos Cave National Monument, Utah, redefinition of boundaries 1457  Trade agreement proclamations—   Austria 1472   Belgium 1468, 1471   Canada 1472   Clothespins, modification and withdrawal of duties 1469   Cylinder, crown, and sheet glass, modification of concessions and adjustment of duties; delay of effective date 1454, 1457   Denmark 1471   El Salvador 1490   European Economic Community 1472   Finland 1471   Flatware, stainless-steel table, modification and withdrawal of duties 1470   Germany, Federal Republic of 1471   Haiti 1486   India 1486   Israel 1471, 1486, 1488, 1489   Italy 1472   Japan 1471, 1486   Luxembourg 1471   Machine-woven pile floor coverings, modification of concession and adjustment of duties; delay of effective date 1452, 1457   Netherlands 1471   New Zealand 1471   Norway 1472   Pakistan 1472   Peru 1472, 1487, 1489   Portugal 1472, 1486, 14891656   Rubber-soled footwear, modification and withdrawal of duties 1469   Safety pins, modification and withdrawal of duties 1469   Sweden 1468, 1472   Switzerland 1472, 1487   Tariff conference, 1960–61, effectuating certain agreements negotiated at; modification of parts of prior proclamations 1467, 1485, 1490   Thermometers, clinical, modification and withdrawal of duties 1470   Typewriter ribbon cloth, modification and withdrawal of duties 1470   United Kingdom 1468, 1471, 1472   Waterproof cloth, modification and withdrawal of duties 1469   Woolen and worsted fabrics, modification and withdrawal of duties. 1469  Tung oil and tung nuts, termination of import quota 1478  United Nations Day, 1962 1476  Veterans Day, 1961 1433  Veterans Day, 1962 1502  Voluntary Overseas Aid Week 1464   Designation 1416  Warsaw Ghetto Day, authorization 407  Wheat, national acreage allotment and marketing quotas for 1963 crop, deferment 69, 103  World Trade Week, 1962 1481 Prosthetic Appliances, Veterans’:  Repair or replacement 1126  Research, funds authorized 307 Public Assistance Act of 1962, District of Columbia 914 Public Buildings Act of 1949, Amendment, reports to Congress on public buildings projects, repeal 87 Public Buildings Act of 1959, Amendment, limitation of area for public buildings sites, removal 92 Public Buildings Purchase Contract Act of 1954, appropriation for effecting provisions 725 Public Buildings Service:  Appropriation for 212, 722  Projects, construction, sites, etc., appropriation for 723  Public Buildings Act of 1959, amendment, limitation of area for public buildings sites, removal 92 Public Debt, Bureau of the, appropriation for 311 Public Debt Limit, temporary increase 23, 124 Public Health Service:  Accident prevention, appropriation for 370  Advisory committees, appointment 1073  Aged, chronic diseases and health problems, appropriation for 370  Air pollution control—   Appropriation for 371   Motor vehicle exhausts, studies; appropriation authorization 760  Allergy and infectious disease activities, appropriation for 211, 374  Allowances for quarters, etc.—   Allotment of pay by enlisted members, exemptions 152   Increase 152, 153   Validation of payment 556  Appropriation for 211, 349, 369, 717  Arthritis and metabolic disease activities, appropriation for 374  Buildings and facilities, appropriation for 370  Child Health and Human Development, Institute of; establishment, functions, advisory council 1072  Chronic diseases and health of the aged, appropriation for 370  Commissioned officers, appropriation for retired pay 374  Communicable disease activities, appropriation for 370  Community health practice and research, appropriation for 370  Dental services and resources, appropriation for 371, 374  Dependents’ Medical Care Act, appropriation for effecting provisions of 211, 375  Emergency health activities, appropriation for 717  Family health service clinics for domestic agricultural migratory workers 592  Fellowships, scholarships, or grants, acceptance 244  Foreign quarantine activities, appropriation for 211, 372  General Medical Sciences, Institute of; establishment, functions, advisory council 1072  George Washington University Hospital, grants for construction 83  Health research facilities, appropriation for 374, 1074  Hospitals and medical care, appropriation for 211, 371, 372  Indian health activities, appropriation for 349  Mental health activities, appropriation for 373  Milk, food, interstate, and community sanitation, appropriation for 372  National Cancer Institute, appropriation for 211, 3731657  National health statistics, appropriation for 374  National Heart Institute, appropriation for 211, 373  National Institute of Dental Research, appropriation for 374  National Institutes of Health, appropriation for 373  National Library of Medicine, appropriation for 374  Neurology and blindness activities, appropriation for 374  Nursing services and resources, appropriation for 371  Occupational health, appropriation for expenses 372  “Pay and Allowances of the Uniformed Services”, codification, revision, and enactment into law of title 37 of United States Code 451–502  Radiological health, appropriation for 372  Saint Elizabeths Hospital, appropriation for 375, 376  Sanitation facilities for Menominee Indians, Wis., construction authorization 54  Scientific or professional positions, compensation 864  Surgeon General, Office of, appropriation for 375  Tuberculosis, appropriation for control of 370  Vaccination Assistance Act of 1962 1155  Venereal Diseases, appropriation for control of 371  Waste treatment works construction, appropriation for grants 211, 372  Water supply and water pollution control, appropriation for 372 Public Health Service Act:  Amendments—   Advisory committees, appointment 1073   Agricultural migratory workers, grants for family health service clinics 592   American Samoa, application extended to 586, 587   Child Health and Human Development, Institute of, establishment, functions, advisory council 1072   Fellowships, scholarships, or grants, acceptance 244   General Medical Sciences, Institute of, establishment, functions, advisory council 1072   Health research facilities construction program, extension 374, 1074   Pay and allowance provisions 497   Research training projects, grants in-aid 1073   Vaccination programs, grants to States; appropriation authorization 1155  Appropriation for effecting provisions 369–374 Public Lands:  Alaska, disposition with mineral reservation 740  Archuleta Mesa, land exchange with Southern Ute Indian Tribe 954  Arizona, Luke-Williams Air Force Range, withdrawal of certain lands for defense purposes 399  Colorado River Commission, Nev., conveyance provisions, time extension 804  Idaho, Snake River vicinity, authorization for sale of certain lands 89  Military bounty land warrants, purchase and cancellation; repeal of obsolete provisions 246  Mineral and vegetable materials, disposition 587  National forests, addition of certain lands adjacent to 140  Needles, Calif., land conveyance to 749  Pima County, Ariz., withdrawal of mineral interest from certain 743  Roads and trails, authorization for funds 1147  Unpatented mining claims, land conveyance to residential occupants; reservation of United States mineral interests 1127  Zuni Tribe of Indians, N. Mex., land conveyance 33 Public Roads, Bureau of:  Appropriation for 1094  Construction funds, transfer from Interior Department 335  General provisions, Appropriation Act 1095  Rama Road, Nicaragua—   Additional funds authorized 1145   Appropriation for 1084 Public Welfare Amendments of 1962 172 Public Works:  Construction by Armed Forces, reports to Congress 226, 230, 235, 241  Indian tribes, eligibility for Federal loans 920  Mass transportation, time extension for loans 920  National Public Works Week—   Designation 168   Proclamation 1493 Public Works Acceleration Act 541  Appropriation for effecting provisions 12271658 Public Works Appropriation Act, 1956, Amendments:  Army, Department of, Chief of Programs Branch, Office of Assistant Chief of Engineers for Civil Works, compensation 849  Interior, Department of, Director, Division of Budget and Finance, compensation 849 Public Works Appropriation Act, 1962, continuing appropriations, 1963 126, 254, 427, 672 Public Works Appropriation Act, 1963 1216 Pueblo Indians in New Mexico, correction of certain land descriptions 585 Puerto Rico:  Federal Home Loan Bank Directors, election 559  Poultry Products Inspection Act, extension to 110  Public Welfare Amendments of 1962 172  Transportation of lumber by foreign-flag vessels to; temporary suspension of restriction 1201  United States Naval Station, San Juan, land exchange with San Juan Darlington, Inc 544  Watershed areas, investigations 438 Quarantine Activities, Foreign, appropriation for 211, 373 Quinault Indian Tribe, Wash., lands in trust for 913 Quincy Columbia Basin Irrigation District, Wash., amendatory repayment contract, approval 677 Radio Stations:  Foreign governments in District of Columbia, authorization to operate low-powered 903  Forfeitures for certain violations 68  Licenses, safety and special services field, renewal restrictions eliminated 58  Operators’ licenses, issuance to nationals, authorization 64 Railroad Retirement Board, appropriation for 380 Railroad Unemployment Insurance Act, reimbursement for certain benefits paid under 679 Railroads:  Bankruptcy, petition for reorganization 572  Terminal railroad corporations, computation of taxable income 1158  Texas and Pacific Railway Company, acquisition of stock from other carriers; capital stock increase 142  Transportation corporations, taxes, carryover of net operating loss 648 Railway Express Agency, Inc., nonapplicability of provision relating to long-and short-haul charges 635 Railway Labor Act, appropriation for effecting provisions 380 Rama Road, Nicaragua:  Additional funds authorized 1145  Appropriation for 1084 Rayburn House Office Building, House of Representatives, designation 71 Reclamation. See Reclamation, Bureau of and Reclamation projects under Interior, Department of the. Reclamation Project Act of 1939, Amendment, irrigation blocks, development, modification, etc 407 Reconstruction Finance Corporation:  Liquidation activities, appropriation for 313, 737  Property transferred to other Government agencies, payment in lieu of taxes, extension 805 Records, Diagrams, and Other Business Data, duty-free importation 72 Red Cross Month, 1962, proclamation 1445 Red River Basin, flood control projects, authorization 1186, 1187 Redondo Beach King Harbor, Calif., designation 1179 Redwood Creek Basin, Calif., flood control project, authorization 1192 Referees, United States Courts:  Appropriation for 214, 1100  Retired, salaries for services in bankruptcy court 559 Refugees, Migration and Refugee Assistance Act of 1962 121 Religious Articles, duty-free importation 403 Renegotiation Act of 1951, Amendments:  Appeals Courts review of Tax Court decisions in renegotiation cases; powers, limitations 134  Extension 134  Interest accrual on excessive profits, repeal of time limit provision 134 Renegotiation Board, appropriation for 731 Reorganization Plan No. 2 of 1962, Office of Science and Technology 1253 “Report of United States Foreign Policy and Operations”, printing as Senate document, additional copies 1415 Research and Development:  Agricultural research, appropriation for 1203, 12081659  Armed Forces, appropriation for expenses 326  Atomic energy projects, appropriation authorization 599  Aviation, construction and experimental facilities, appropriation for 721  Child health and human development 1072  Communications satellite system 421, 425  Defense, Department of, funds available for test facilities, civil defense studies, etc 331, 717  District of Columbia Tissue Bank Act, medico-surgical research 534  Education, surveys and demonstrations, appropriation for 368  Forest Service, reforestation and development of lands 806  Government contracts with educational institutions, indirect cost reimbursement 437  Grants, expenses of recipient, restrictions 334  Motor vehicle exhausts, air pollution studies 760  National Aeronautics and Space Administration, space program—   Appropriation for 212, 730   Authorization 382  National Bureau of Standards, scientific functions, appropriation for 1095  National Cancer Institute, appropriation for 373  National Institutes of Health, appropriation for 373  Oysters, propagation of disease-resistant strains, grants to States 356, 357  Social security, cooperative research or demonstration projects in, appropriation for 376  Urban housing studies, appropriation for 729  Veterans Administration, medical and prosthetic research—   Appropriation for 732   Authorization 307  Vocational rehabilitation, training, etc., appropriation for 369  Water transportation systems, appropriation for 1092  Weather Bureau, testing of equipment, appropriation for 1096 Reserve Forces Act of 1955, appropriation for effecting provisions 364 Reserve Forces Facilities, 1962, authorization 243 Retirement. See Government Employees; Armed Forces or pertinent service. Revenue Act of 1951, Amendment, refunds on articles from foreign trade zones 114 Revenue Act of 1962 960  Hearings on, printing of additional copies of 1419 Revised Organic Act of the Virgin Islands, Amendments:  Acting secretaries, appointment 35  Government comptroller, salary 43 Rice:  Acreage allotments, transfer 20  Enrichment and packaging for distribution under certain Federal aid programs 910 Rifle Practice, National Board for the Promotion of:  Appropriation for 323  Transfer of ammunition by Department of Defense 333 Rinderpest, provisions for greater protection against 129 Rio Grande River Basin:  Elephant Butte and Caballo Reservoirs, construction of recreation facilities 171  Flood control projects, authorization 1185 River and Harbor Act of 1958, Amendment, Illinois and Mississippi Canal, additional funds for 1179 River and Harbor Act of 1962 1173 Rivers and Harbors:  Alvin R. Bush Dam, Susquehanna River, redesignation of Kettle Creek Dam as 54  Aquatic plant control projects, Federal payment of research and planning costs 1179  Beach erosion control projects, construction authorization; reimbursement of local interest, increased Federal payments 1177  Big Sandy River, Ky., restoration of lock and dam 1179  Bridges. See separate title.  Construction, studies, etc., appropriation for 1216  Delaware River Basin Commission, appropriation for 211, 1226  Delaware River Bay Authority, establishment 562  Ferry slip 7, New York City, reimbursement of city for rehabilitation 19  Flood control. See separate title.  Little Missouri River, interstate compact between Montana, North Dakota, South Dakota, and Wyoming, time extension for negotiations 71  Mississippi River—   Arkansas-Mississippi Bridge Commission, annual audit; report 59, 601660   Clinton Bridge Commission, annual audit; report 59, 60   Muscatine Bridge Commission, annual audit; report 59, 60  Mississippi River and tributaries, appropriation for 1218  Navigation projects, construction, studies, etc., authorization 1173  Playa del Rey Inlet and Harbor, Venice, Calif., redesignated Marina del Rey, Los Angeles, Calif 3  Potomac River Compact of 1958 797  Redondo Beach King Harbor, Calif., designation 1179  Sabine Lake Bridge and Causeway Authority, annual audit; report 59, 60  Sabine River compact, Texas and Louisiana, membership 34  Saint Lawrence River Joint Board of Engineers, United States Section, appropriation for 1218  Upper Colorado River storage project, appropriation for 1221  Wabash River, White County Bridge Commission, annual audit; report 59, 60 Riverton Federal Reclamation Project, Wyo., water delivery 94 Rogue River Basin, Calif.-Oreg., flood control projects, authorization 1192 Roosevelt Memorial, Franklin Delano, selection of design 1079 Rubber-Soled Footwear, modification and withdrawal of duties, proclamation 1469 Rural Electrification Act of 1936, Amendment, “telephone service”, expansion of definition for loan purposes 1140 Rural Electrification Administration, appropriation for 1212 Rural Rehabilitation Corporation Trust Liquidation Act, appropriation for effecting provisions 1213 Russian Orthodox Greek Catholic Church, Alaska, indexing and microfilming of records, appropriation for 692 Russian River Basin, Calif., flood control project, authorization 1192 Ryukyu Islands:  Administration, appropriation for 1167  Economic and social development, increased appropriation authorized 742 Sabine Lake Bridge and Causeway Authority, Tex.-La., annual audit; report 59, 60 Sabine River Compact, Texas and Louisiana, membership 34 Safety Pins, modification and withdrawal of duties, proclamation 1469 Sagamore Hill National Historic Site, N.Y., establishment authorized 217 Saguaro National Monument, Ariz., enlargement, proclamation 1437 Saint Augustine Quadricentennial Commission, establishment; report to Congress 386, 387 Saint Elizabeths Hospital, appropriation for 375, 376 Saint Lawrence River Joint Board of Engineers, United States Section, appropriation for 1218 Saint Lawrence Seaway Development Corporation, appropriation for 126, 254, 427, 672, 1226 Saline Water, Office of, appropriation for 345 San Antonio Dam and Reservoir, Calif., land exchange 439 San Joaquin River Basin, flood control project, authorization 1191, 1192 San Juan-Chama Reclamation Project, Colo.-N. Mex., construction, operation, etc 97 Santa Fe National Forest, N. Mex., addition of lands 434 Santa Rosa Island, Okaloosa County, Fla., land conveyance by Army Department 1138 Satellite Act of 1962, Communications 419 School Lunch Act, National:  Amendments—   American Samoa, application extended to 586, 587, 944   Cash assistance funds, revision of apportionment formula; additional assistance to poor economic areas 944, 946   Definitions, technical amendments 945  Appropriation for effecting provisions 1208 School Lunch Program:  Appropriation for 1208  Surplus agricultural commodities, use 611 School Lunch Week, National:  Designation 779  1962, proclamation 1507 Schools and Colleges. See also Education.  Agricultural commodities, surplus, use for school lunch programs 611  Agriculture and mechanic arts, appropriation for endowment 367  Construction in federally affected areas, extension; increased funds authorized 367  Educational television broadcasting facilities, grants for 64  Gallaudet College, appropriation for 377  George Washington University, grants for hospital construction project 831661  Housing. See separate title.  Howard University, appropriation for 378  Indian schools, land conveyances, increased acreage 33  National Defense Education Act of 1958—   Amendment, scholarship applications, criminal record information: ineligibility of members of registered Communist organizations 1070   Appropriation for effecting provisions 367, 1151  Research and development contracts with Federal government, reimbursement for indirect costs 437  School districts, appropriation for payments 211, 367  Surplus Government property, donation to certain eligible educational institutions 805  Transportation of District of Columbia school children at reduced fares, payment of subsidy to common carriers 113  University of California, land conveyance to 546 Science and Technology, Office of:  Appropriation for 126, 254, 427, 672, 717  Director and Deputy Director, appointment; compensation 1253  Establishment 1253 Scientific and Professional Positions, salary revisions 863 Second Liberty Bond Act, public debt limit, temporary increase 23, 124 Second Supplemental Appropriation Act, 1962 209 Secret Service, United States:  Appropriation for 312  Counterfeit money, reuse of funds expended to purchase 809  Presidential successors, Vice-Presidents elect, former Presidents, protection for 956  Survivors’ benefits, extension 402 Securities and Exchange Commission:  Appropriation for 213, 732  Bankruptcy, notices of hearings, etc 574  Delegation of certain functions; right of review 394  Report to Congress on study of rules for protection of investors; time extension, increased appropriation 247 Securities Exchange Act of 1934, Amendment, protection of investors, study of rules pertaining to; time extension, increased appropriation 247 Seeds, tariff schedule amendments 77 Selective Service System, appropriation for 732 Selective Training and Service Act of 1940, appropriation for effecting provisions 364 Self-Employed Individuals Tax Retirement Act of 1962 809 Senate. See also Congress; Legislative Branch of the Government.  Administrative and clerical assistance, appropriation for 215  Aeronautical and Space Sciences, Committee on, reports to, National Aeronautics and Space Administration, research funds, etc 382, 383  Appointments with advice and consent of. See Appointments by, with advice and consent of Senate under President of the United States.  Appropriation for 215, 680  Appropriations, Committee on, reports to—   Atomic Energy Commission, transfer of funds 1225   Defense, Department of—    Contingencies, disbursements 324    Emergency Fund, transfers 334    Foreign real property, use of 331    Operation and maintenance 329   Foreign assistance program 1164   Foreign procurement 1165   President of the United States, Communist nations, countries aiding Cuba; economic assistance to 1165, 1166  Armed Services, Committee on, reports to—   Air Force, Department of the, public works, construction, costs 235   Army, Department of the, public works, construction, costs 226   Navy, Department of the—    Oil shale reserves 905, 906    Public works, construction, costs 230  Bridges, Henry Styles, payment to widow of 215  Case, Francis, payment to widow of 215  Chaplain, appropriation for 680  Committee employees, appropriation for 680  Conference committees, appropriation for 681  Contingent expenses, appropriation for 215, 681  Finance, Committee on—   Interstate commerce taxation studies, extension of reporting date 55   Trade negotiations, United States delegates 8781662  Foreign Relations, Committee on, report by the President, economic assistance to Communist nations or countries aiding Cuba 1165, 1166  General provisions, Appropriation Act 693  Interior and Insular Affairs, Committee on, Report to, Indian tribal funds, use of certain 338  Joint committees, congressional. See separate title.  Legislative Counsel, Office of, appropriation for 681  Majority and Minority Leaders, appropriation for 680  Majority and Minority Whips, appropriation for 681  New York, clerk hire allowance of Senator, increase 215  Officers and employees, compensation, increase 866  Official Reporters of Debates, appropriation for 681  Pages, education of, appropriation for 688  President of the Senate—   Appointments by—    Battle of Lake Erie Sesquicentennial Celebration Commission, members 1244    National Fisheries Center and Aquarium Advisory Board, members 753    North Carolina Tercentenary Celebration Commission, members 56    Saint Augustine Quadricentennial Commission, members 386    Trade negotiations, United States delegates 878    United States Constitution One Hundred and Seventy-fifth Anniversary Commission, members 757    Virginia Dare, three hundred and seventy-fifth anniversary celebration of birth of; members of joint committee to represent Congress 1419   Reports to—    Air Force, Department of the, public works construction contracts 241    Army, Department of the, public works construction contracts 241    Interior, Department of the, geological surveys outside national domain 427    Navy, Department of the, public works construction contracts 241   Report to, President of United States, tariff adjustments 899  Schoeppel, Andrew F., payment to widow of 215  Secretary, Office of the, appropriation for 126, 254, 427, 672, 680  Select Committee on Small Business, appropriation for 680  Sergeant at Arms and Doorkeeper, Office of, appropriation for 681  Trade agreements with Presidential statement, transmission to 876  Vice President of the United States, compensation and expenses, appropriation for 680  Virginia, clerk hire allowance of Senator, increase 215 Senior Citizens Housing Act of 1962 670 Service Extension Act of 1941, appropriation for effecting provisions 364 Servicemen’s Readjustment Act of 1944, funds for effecting provisions 362 Shmurah Wheat Flour, importation for religious purposes, proclamation 1447 Shoe Lathes, duty-free importation 405 Sid Simpson Flood Control Project, Ill., designation 306 Silk Noils, disposal under Strategic and Critical Materials Stock Piling Act, congressional approval 1420 Silk Yarn, duty-free importation 402 Silver Hill Voluntary Fire Department and Rescue Squad, Md., land conveyance 1118 Small Business, Defense Department, assistance to 329 Small Business, Select Committee on, appropriation for 680 Small Business Act, Amendment, revolving fund; establishment, increased appropriations authorized 220 Small Business Administration:  Adjustment Assistance Advisory Board, membership 901  Appropriation for 126, 213, 254, 427, 672, 1102  Business loan program, review by Congress 221  Disaster loans, appropriation for 213  Import-injured firms, loans to; additional authority for 221  Revolving Fund, appropriation for 213, 1102 Small Business Corporations, tax amendments regarding 1065, 1069 Small Business Problems in the Poultry Industry, printing of additional copies of hearings on 1418 Smith-Lever Act:  Amendment, agricultural extension work, allocation of funds, etc 745  Appropriation for effecting provisions 12051663 Smithsonian Institution:  Appropriation for 350  Board of Regents—   Citizen Regents—    Burden, William A. M., appointment 128    Greenewalt, Dr. Crawford H., reappointment 53    Haskins, Dr. Caryl P., reappointment 53   Gifts accepted under National Portrait Gallery Act 62  National Armed Forces Museum Advisory Board, appropriation for 351  National Portrait Gallery Act 62  National Zoological Park, D.C., appropriation for 351 Social Security Act:  Amendments—   Effective dates 208   Maine, police and firemen, coverage under 1202   Public assistance programs, improvements in services and training to reduce dependency 172–197   Simplification of categories, optional combined State plan for aged, blind, and disabled 197–205   Technical and miscellaneous amendments 206, 207  Appropriation for effecting provisions 362, 375  Arkansas, certain State and local employees; validation of coverage under 1202 Social Security Administration:  Appropriation for 375  Children’s Bureau, appropriation for 376  Commissioner, Office of the, appropriation for 376  Family Services, Bureau of, appropriation for 376  Grants to States—   Maternal and child welfare, appropriation for 376   Public assistance, appropriation for 375  Old-Age and Survivors Insurance, Bureau of, appropriation for 375  Public Welfare Amendments of 1962 172  Research or demonstration projects, appropriation for 376 Social Security Association, International, appropriation for preparation costs for meeting 376 Soil Bank Act:  Amendment, conservation lands, harvesting of hay 135  Appropriation for effecting provisions 1209, 1211 Soil Conservation and Domestic Allotment Act:  Amendments—   Barley, acreage on summer-fallow farms, 1962 feed grain program 50   Feed grains program, 1963 612   Land-use adjustment, agreements 605   Wetlands, limitation on assistance for drainage 696   Wheat and feed grains, use of diverted acreage, payment 70  Appropriation for effecting provisions 865, 1207, 1209, 1210 Soil Conservation Districts, congressional acknowledgement 1418 Soil Conservation Service, appropriation for 1206 Soldiers’ and Sailors’ Civil Relief Act of 1940, Amendment, tax immunity provisions, clarification 768 Soldiers’ Home, United States, appropriation for 210, 380 South Carolina, Southern Interstate Nuclear Compact, eligibility 253 South Columbia Basin Irrigation District, Wash., amendatory repayment contract, authorization 677 South Dakota:  Crow Creek Sioux Indians, lands for Big Bend Dam and Reservoir project, reimbursement 704  Interstate compact with Montana, North Dakota, and Wyoming, time extension for negotiations 71  Lower Brule Sioux Indians, lands for Big Bend Dam and Reservoir project, reimbursement 698  Wetlands, limitation on assistance for drainage 696 Southeastern Power Administration, appropriation for 1223 Southern Interstate Nuclear Compact; creation of Board 249 Southern Ute Indian Reservation, Utah, long term lease of lands 805 Southern Ute Indian Tribe, Colo., exchange of lands 954 Southwestern Power Administration, appropriation for 1223 Spokane Valley Federal Reclamation Project, Washington-Idaho, construction plans, modification 431 Sport Fisheries and Wildlife, Bureau of:  Appropriation for 214, 344  National Fisheries Center and Aquarium, D.C., operation; report to Congress 753, 7541664 Standards, National Bureau of:  Appropriation for 1095  Research and technical services (special foreign currency program), appropriation for 1096  Working Capital Fund, availability of funds 1096 State, Department of:  American Sections, International Commissions, appropriation for expenses 1083  Appropriation Act, 1963 1080  Appropriation for 126, 216, 254, 427, 672, 1080  Buildings abroad, appropriation for operation 1081  Center for Cultural and Technical Interchange Between East and West, appropriation for 1084  Claims in foreign countries, settlement of certain, authorization 263  Communications Satellite Corporation, assistance in negotiations with foreign entities 426  Diplomatic and consular service, appropriation for emergencies 1081  Educational Exchange, appropriation for 1084  Foreign affairs, appropriation for administration 216, 1080  Foreign Aid and Related Agencies Appropriation Act, 1963 1163  Foreign Assistance Act of 1961. See separate title.  Foreign Assistance Act of 1962 255  Foreign Assistance and Related Agencies Appropriation Act, 1962, continuing appropriations, 1963 125, 254, 427, 672  Foreign currencies, appropriation for purchase of 1081  Foreign Service—   Migration and Refugee Assistance Act of 1962, assignment of personnel under, authorization 123, 124   Payment of expenses for attendance at certain meetings 264  Foreign Service Act of 1946—   Amendment, Foreign Service officers and staff pay schedules 861   Funds for effecting provisions 1081, 1082, 1168  Foreign Service Salary Reform Act of 1962 861  General provisions, Appropriation Act 1085, 1106  International Boundary and Water Commission, United States and Mexico, appropriation for obligations 1082  International Boundary Commission, United States and Canada, appropriation for expenses 1083  International conferences, etc., appropriation for 1170  International Fisheries Commissions, appropriation for expenses 1084  International Joint Commission, United States and Canada, appropriation for expenses 1083  International organizations. See separate title.  Migration and refugee assistance, appropriation for 1167  Mutual educational and cultural exchange activities, appropriation for 1084  National Commission on Educational, Scientific, and Cultural Cooperation, appropriation for 1080  Rama Road, Nicaragua—   Additional funds authorized 1145   Appropriation for 1084  Report to Congress, long-term financing of United Nations 696  Security and Consular Affairs, Bureau of, appointment of Administrator 123  Trade agreement proclamations. See under Proclamations.  Tuna conservation regulations, approval 923  United Nations—   Appropriation for loans to 1082   Financing of, report to Congress 696  World Food Congress, 1963, authorization for funds for expenses 1078 “State of the Economy and Policies for Full Employment”, printing of additional copies of hearings 1427 Statistical Reporting Service, Department of Agriculture, appropriation for 1208 Steve W., documentation of vessel for use in coastwise trade 1343 Strategic and Critical Materials Stock Piling Act:  Appropriation for effecting provisions 726  Chestnut extract, disposition without regard to 666, 1427  Cotton, withdrawal and sale 218  Disposal of certain materials in national stockpile, congressional approval 1420 “Structure and Organization of the Communist Party of the United States”, printing of additional copies of hearings 14251665 Subversive Activities Control Act of 1950, Amendment, designated defense facilities restricting employment of members of Communist organizations, elimination of publication in Federal Register 91 Subversive Activities Control Board, appropriation for 126, 254, 427, 672, 1102 Sugar, tariff schedule amendments 77 Sugar Act Amendments of 1962 156 Sugar Act of 1948:  Amendments—   Direct-consumption sugar quotas 161   Extension of program 166   Import fees, establishment 163   Quota provisions—    Annual consumption estimate; pro ration of quotas 156–160, 169    Exceptions to 163    Liquid sugar 162    Presidential authorization for allocation 166    Proportionate share production 163, 164   Sugar-containing products 161  Appropriation for effecting provisions 1209, 1210  Quotas under, proclamations 1438, 1494 Sun River Project, Fort Shaw Division, Mont., reclassification of land; modification of repayment contract 93 Superintendent of Documents, Office of. See under Government Printing Office. Superior National Forest, Minn., appropriation for acquisition of land; land exchange 347, 1118 “Supplement to Cumulative Index to Publications of the Committee on Un-American Activities—1955 through 1960 (Eighty-fourth, Eighty-fifth, and Eighty-sixth Congresses)”, printing of additional copies of publication 1421 Supreme Court of the United States. See under Courts, United States. Surveying Ships for Coast and Geodetic Survey, appropriation for 1092 Susquehanna River Basin, flood control projects, authorization 1182 Sweden, trade agreement, proclamations 1468, 1472 Sweetwater County, Wyo., land conveyance to State 44 Switzerland, trade agreement, proclamations 1472, 1487 Syria, immigration quota, proclamation 1439 Tariff Act of 1930, Amendments:  Bonded smelting and refining warehouses 75  Contract carriers, designation as carriers of bonded merchandise 1130  Cuban products, tariff treatment 78  Duty-free entries. See under Imports.  Fishery resources conservation, negotiations 883  Freight forwarders, bonding of 400  Repeal of certain provisions 75  Revised tariff schedules 72  Trade Expansion Act of 1962, relation to 881 Tariff Adjustment Assistance Program for Industries, Firms and Workers, establishment 883 Tariff Classification Act of 1962 72  Amendment, relation to Trade Expansion Act of 1962 882 Tariff Commission, United States:  Appropriation for 126, 254, 427, 672, 1102  Revised tariff schedules, publication; reports to the President and to Congress 73, 75  Trade Expansion Act of 1962, studies, advice, etc., under 872–903 Tax Court of the United States. See. under Courts, United States. Tax Rate Extension Act of 1962 114 Taxes:  District of Columbia. See Taxes under District of Columbia.  Estate and gift taxes, gross estate, inclusion of foreign real property 1052  Excise taxes. See also individual commodities.   Animal oil 77   Beers 114   Cigarettes 114   Coal 77   Coconut and palm oil 1138   Communications tax 115   Copper 77   Distilled spirits and liqueurs 114   Liquor retail dealers 1142   Lumber 77   Manufacturers 768, 1134   Motor vehicles 114   Perfumes 114   Petroleum 77   Seeds 77   Sugar 77, 166   Telephone service 114   Transportation of persons 115   Wines 114  Import taxes, new schedules 77  Income taxes—   Charitable contributions, treatment; deductions for 1064, 11341666   Claim of right, computation of tax-after restoration of amount held under 1142   Consumer finance companies, modification of requirements for exemption from personal holding company tax 766   Cooperative banks, definition for tax purposes 1161   Cooperatives and their patrons, treatment 1045   Corporate normal-tax rate, extension 114   Corporation converting from street railways to bus operations, losses 1066   Deductions—    Casualty losses in disaster areas, time for filing 51    Charitable contributions, treatment 1064, 1134    Cooperative housing corporation tenant-stockholder, depreciation allowance 1068    Drilling and development costs, option to deduct as expenses 1142    Entertainment, etc., disallowance 974    Expenses, appearances, etc., before legislative body 973    Farmers, for clearing land 1063    Judicial reform organizations, contributions to 1068    Medical, dental, etc., expenses, increase 1141    Self-employed individuals, personal retirement plan, provisions for 809–831    Small business corporation shareholders, net operating loss 1069   Dividends or interest paid on certain deposits, determination of taxable year for deduction purposes 1199   Domestic corporations receiving dividends from foreign corporations 999   Earned income, exclusion 1003   Estimated declaration, fishermen 575   Farmers, clearing land, deduction 1063   Foreign corporations 977, 1006, 1041, 1059   Foreign investment companies, sale of stock, treatment 1036   Foreign tax credit, separate limitation 1002   Foreign trusts, distributions 985   Gains—    Depreciable property, disposition 1032    Foreign corporations, exchange of stocks in 1041    Patents, sale or exchange 1045   Insurance companies—    Individual accident and health contracts, deductions on premiums 808, 809    Life, segregated asset accounts, capital gains, etc., tax treatment 1134–1138    Mutual, treatment of taxable income; tax rate extension. 114, 989   Interstate commerce, taxation by States, extension of reporting date by congressional committees 55   Investment credit 962   Japanese-Americans, awards pursuant to evacuation claims, exclusion from gross income 1067   Mutual savings banks, bad debt reserves 977   Net operating loss carryovers 648   Partnership year, continuation 1067   Pension or annuity plans, provisions for payment of medical expenses 1141   Pension plan of Local Union No. 435, International Hod Carriers’ Building and Common Laborers’ Union of America, qualified tax exempt trust 1066   Refund of overpayments, additional conditions for determination by Tax Court 1161   Reporting information—    Foreign entities 1059    Interest, dividends, etc 1053   Retirement income eligible for credit, increased limitation 1199   Self-employed individuals, personal retirement plan, provisions for deductions, etc 809–831   Small business corporations—    Election of taxable status, effective date 1065    Shareholders, net operating loss, deduction 1069   Stock, distribution pursuant to orders enforcing antitrust laws 4   Terminal railroad corporations and shareholders, computation 1158   United States bonds, qualified purchase plans 826  Revenue Act of 1962 960  Self-Employed Individuals Tax Retirement Act of 1962 809  Soldiers’ and Sailors’ Civil Relief Act of 1940, amendment, tax immunity provisions 7681667  Treaty obligations provision, nonapplicability to Revenue Act of 1962 1069 Telephone Service, extension of excise tax rate 114 Television and Radio Stations:  Educational facilities, grants for 64  Surplus Government property, eligibility to receive 805 Tennessee:  Southern Interstate Nuclear Compact, eligibility 253  Winchester Division, Eastern District, holding court at 222 Tennessee Valley Authority, appropriation for 1226 Territories, Office of, appropriation for 339 Tetanus, vaccination program, grants to States 1155 Texas:  Brazos River Basin, flood control projects, authorization 1185  Buffalo Bayou, flood control project, authorization 1184  El Paso, land conveyance to city by Department of the Army 778  Heath Crossing, bridge construction over Rio Grande River 140  Interstate compact with Louisiana, waters of Sabine River, membership 34  Los Indios, bridge construction over Rio Grande River, authorization 153  Marshall Division, Eastern District, holding court at 247  Padre Island National Seashore, establishment 650  Rio Grande City, bridge construction over Rio Grande River, authorization 154  Sabine Lake Bridge and Causeway Authority, annual audit; report 59, 60  Southern Interstate Nuclear Compact, eligibility 253  Trinity River Basin, flood control projects, authorization 1185 Texas and Pacific Railway Company, acquisition of stock from other carriers; capital stock increase 142 Thailand, attendance of citizen to Air Force Academy, authorization 85 Thanksgiving Day, 1961, proclamation 1435 Theodore Roosevelt Association, donation of properties to public agencies 218 Theodore Roosevelt Birthplace National Historic Site, establishment authorized 217 Thermometers, Clinical, modification and withdrawal of duties, proclamation 1470 Timpanogos Cave National Monument, Utah, redefinition of boundaries, proclamation 1457 Tin, elimination in one-cent piece alloy 440 Tobacco:  Acreage allotment transfer, extension of time for filing lease 151  Cigar-filler and cigar-binder, transfer by lease of acreage allotments, restriction 947 Tokens, Slugs, Disks, or Paper Similar to Money, prohibition against use 555 Trade Agreements:  Effectuating certain agreements negotiated at the tariff conference, 1960–61; modification of parts of prior proclamations 1467, 1485, 1490  Modification of duties, authorization 872 Trade Agreements Extension Act of 1951:  Amendment, repeal of provisions 882  Cuba, suspension of preferential tariff treatment to products of 78 Trade Expansion Act of 1962 872 Trade Fairs, Mobile, promotion of foreign commerce through use of 1074 Trademark Act, 1946, Amendments:  Applicability to foreign nationals 774  Registration and protection of trademarks, definitions, etc 769–775 Trademarks, divestment of Government interest in certain 1139 Trading With the Enemy Act, Amendments:  Copyrights, estates and trusts, etc., divestment of Government interest in certain 1115  Motion pictures, transfer of vested titles to Library of Congress 1140  Trademarks, divestment of Government interest in certain 1139  Vested property, sale in time of national emergency; lump-sum payment of claims of successor organization for return of 1113, 1114  War Claims Fund, deposits 1113, 1115 Transportation:  Air, extension of excise tax on persons 115  Animals, diseased, regulation 129, 762  Corporations, taxes, carryover of net operating loss 648  Gambling devices, prohibitions against 1075  Long-and short-haul charges, nonapplicability of provision to express companies 635  Mass transportation demonstration projects, appropriation for loans and grants 7291668  National Capital Transportation Agency—   Appropriation for 350   Membership on National Capital Planning Commission 575  National Defense Transportation Day, 1962, proclamation 1449  National Transportation Week—   Designation 69   1962, proclamation 1481  Persons, extension of excise tax 115  Phonograph records with counterfeit labels, penalties 775  Schoolchildren, District of Columbia, payment of subsidy to common carriers 113  Washington Metropolitan Area Transit Regulation Compact, amendments, geographical jurisdiction and transportation covered, extension 764 Travel Service, United States, appropriation for 1090 Treasury, Department of the:  Accounts, Bureau of, appropriation for 310  Adjustment Assistance Advisory Board, membership 901  Appropriation Act, 1963 310  Appropriation for 125, 254, 310  Coast Guard. See separate title.  Comptroller of the Currency—   Bank service corporations, supervisory authority 1132   National banks—    Retention of branch bank after consolidation or merger, approval 667    Trust powers, authority over 668  Currency—   One-cent pieces, elimination of tin in alloy of 440   Uncirculated coins, use of proceeds from sales to reimburse expenses 440  Customs, Bureau of—   Appropriation for 310   Bonding of freight forwarders and contract carriers 400, 1130   Facilities fund, increased limitation 87   Tuna Conventions Act of 1950, amendment, enforcement activities under 925  Defense Department family housing management account, establishment 237  Engraving and Printing, Bureau of, appropriation for 310  Federal telecommunications fund, establishment 1117  Foreign commerce and trade statistics, collection; procedure for filing 951, 952  Government losses in shipment, funds for payment 313  Guard Force, appropriation for 313  Internal Revenue Service—   Appropriation for 312   Enforcement officers, additional authority 1143   Statistical surveys, training programs; reimbursement for services 1160, 1161  Library of Congress trust fund deposits, increased authorization 135  Medals, striking of—   Hope, Bob, authorization 93   MacArthur, Gen. Douglas, authorization 760   Rayburn, Sam, authorization 605   West Virginia Centennial 650  Mint, Bureau of the. See separate title.  Narcotics, Bureau of, appropriation for 311  Philippine war damage claims, payment 412  Public Debt, Bureau of the, appropriation for 311  Public debt limit, temporary in crease in 23, 124  Reconstruction Finance Corporation liquidation activities, appropriation for 313  Secret Service, United States—   Appropriation for 312   Counterfeit money, reuse of funds ex pended to purchase 809   Presidential successors, Vice President-elect, former Presidents, protection for 956   Survivors’ benefits, extension 402  Secretary, Office of the, appropriation for 310  Small Business Administration revolving fund; establishment, increased appropriations authorized 221  Sugar import fee, deposited in 163  Treasurer, Office of the, appropriation for 312  White House Police—   Appropriation for 312   Increase in force; supervision; duties, etc 95   Survivors’ benefits, extension 402  World War II losses, certain, payment of claims 1111 Treasury-Post Office Departments and Executive Office Appropriation Act, 1963 310 Treaty Obligations Provision, nonapplicability to Revenue Act of 1962 1069 Truckee River Basin, flood control project, authorization 11911669 Trust Territory of the Pacific Islands:  Appropriation for 339  Appropriation increase, authorization 171  Audit of financial transactions by General Accounting Office 340  Disaster aid, Federal assistance 111  Purchases through General Services Administration, authority 340  Surplus food commodities, entitlement 340 “Truth About the Film ‘Operation Abolition’”, printing of additional copies of report 1421 Tuberculosis, appropriation for control of 370 Tulane University, New Orleans, La., duty-free importation of beta-ray spectrometer 51 Tuna Conventions Act of 1950, Amendments, tropical tuna conservation regulations; publication, enforcement, etc 923 Tung Oil and Tung Nuts, termination of import quota, proclamation 1478 Twine, Department of Agriculture, purchase restriction 348, 1215 Typewriter Ribbon Cloth, modification and withdrawal of duties, proclamation 1470 Uinta National Forest, Utah, appropriation for acquisition of land 347 Unemployment Compensation:  District of Columbia Unemployment Compensation Act, amendments—   Dependents weekly benefit amount; maximum benefit amount; eligibility 48, 49   Employer contributions—    Credits; reserve; voluntary contributions 46–48    Experience rating period; classification of employers 633  Federal employees and ex-servicemen, appropriation for 363  Korean veterans, repeal of obsolete provisions 558  Railroad unemployment insurance account, reimbursement for certain benefits paid from 679 Uniform Code of Military Justice, nonjudicial punishment 447 Uniform Gifts to Minors Act, District of Columbia 938 Uniform Limited Partnership Act 655 Uniform Partnership Act 636 Uniformed Services. See also Armed Forces and individual services.  Career Compensation Act of 1949, amendments—   Allotment of pay by enlisted members for allowances, certain exemptions 152   Allowances for quarters, increase 152   Per diem travel allowance, increase 111  Dependents Assistance Act of 1950, amendments—   Allowances for quarters, increase for certain pay grades 153   Determination of dependents; basic allowance for quarters 496   Training duty, applicability of provisions 153  “Pay and Allowances of the Uniformed Services”, codification, revision, and enactment into law of title 37 of United States Code 451–502  Retired officers; withholding pay while employed by certain contractors, time extension 777 Uniformed Services Contingency Option Act of 1953, funds for payments under 312, 374 United Kingdom, trade agreements, proclamation 1468, 1471, 1472 United Nations:  Bonds, authorization for purchase of 695  Communist Chinese Government, congressional statement opposing United Nations membership for 1085, 1164  Food and Agriculture Organization, World Food Congress, 1963, authorization for funds for expenses 1078  State Department, appropriation for loans to 1082 United Nations Day, 1962, proclamation 1476 United Nations High Commissioner for Refugees, United States contribution for assistance 122 United States Air Force Academy:  American Samoa, Guam, or Virgin Islands, appointment of persons from 547  Funds for construction, restrictions 579  Thailand, attendance of citizen 85 United States Arms Control and Disarmament Agency, appropriation for 126, 254, 427, 672, 1103 United States Attorneys:  Appropriation for 214, 1086  Assistant, compensation 865  Florida, Southern Judicial District, appointment 248 United States Bonds, provisions for qualified purchase plans 826 United States Code. See Code, United States 1670 United States Commissioners, appropriation for fees 214, 1099 United States Constitution. See Constitution, United States. United States Escapee Program, assistance, authorization 122 United States Information Agency:  Appropriation for 1103  Radio facilities, acquisition and construction, appropriation for 1169  Special international exhibitions, appropriation for expenses 1104 United States Information and Educational Exchange Act of 1948, Informational Media Guarantee Fund, appropriation for 1105 United States Marshals:  Appropriation for 214, 1086  Fees for services, increase 417  Florida, Southern Judicial District, appointment 248 United States Merchant Marine Academy:  Appropriation for 1093  Designation as depository library 355 United States Military Academy, appointment of persons from American Samoa, Guam, or Virgin Islands to 547 United States National Committee on Geology, appropriation for 341 United States Naval Academy:  Appointment of persons from American Samoa, Guam, or Virgin Islands to 547  Belgian citizens, authorization for attendance of two 86 United States Naval Oceanographic Office, designation (formerly Hydrographic Office) 154 United States Naval Station, San Juan, P.R., land exchange with San Juan Darlington, Inc 544 United States Naval Supply Depot Clearfield, Ogden, Utah, jurisdiction of lands within 545 United States Park Police:  Survivors’ benefits, extension 402  Trial boards, creation 907 United States Prisoners, appropriation for support 215, 1088 United States Secret Service:  Appropriation for 312  Counterfeit money, reuse of funds expended to purchase 809  Presidential successors, Vice-President-elect, former Presidents, protection for 956  Survivors’ benefits, extension 402 United States Soldier’s Home, appropriation for 210, 380 United States Study Commissions:  Southeast River Basins, appropriation for 1227  Texas, appropriation for 1227 United States Tariff Commission:  Appropriation for 126, 254, 427, 672, 1102  Revised tariff schedules, publication; reports to the President and to Congress 73, 75  Trade Expansion Act of 1962, studies, advise, etc., under 872–903 United States Travel Service, appropriation for 1090 Universal Military Training and Service Act:  Amendments—   Reserve Officers’ Training Corps graduates, acceptance of commission in Coast and Geodetic Survey, authorization 167   Technical provisions for clarification 524  Appropriation for effecting provisions 364 Utah:  Cache National Forest, appropriation for acquisition of land 347  Natural Bridges National Monument, modification, proclamation 1495  Southern Ute Indian Reservation, long term lease of lands 805  Timpanogos Cave National Monument, redefinition of boundaries, proclamation 1457  Uinta National Forest, appropriation for acquisition of land 347  United States Naval Supply Depot Clearfield, Ogden, jurisdiction over lands within 545  Ute Indian Tribe, division of assets, stock not subject to usual process of law 597  Wasatch National Forest, appropriation for acquisition of land; land additions 347, 545 Ute Indian Tribe, Utah, division of assets, stock not subject to usual process of law 597 Vaccination Assistance Act of 1962 1155 Vallejo Unified School District, Calif., conveyance of United States interest in land 909 Vegetable Tannins, disposal under Strategic and Critical Materials Stock Piling Act, congressional approval 1420 Venereal Diseases, appropriation for control of 3711671 Vessels. See also Maritime activities under Commerce, Department of.  Alaska, transfer to California for use in biological research 317  Communications equipment, time extension for inspection 922  Construction-differential subsidies, limitation on; repeal of provisions preferential to Pacific coast builders 1200  Construction reserve funds, time extension for commitment 796  Documentation for use in coastwise trade—   Alice 1345   Barbara 1345   Bar-Ho IV 1343   DB 8 1345   Florida 1345   Ivalee 1345   John Roen, Jr 1343   Lucky Linda 1344   Lydia 1345   Number 220 1345   Number 235 1345   Sieve W 1343  Foreign-flag vessels, transportation of lumber to Puerto Rico; temporary suspension of restriction 1201  Load lines, enforcement provisions; increased penalties for violations 415  “Obsolete vessel”, extension of definition for trade-in purposes 751  Shipyards, privately owned, funds available for repair of naval vessels in 334  Surveying ships for the Coast and Geodetic Survey, appropriation for 1092  Transfer between Government agencies 331  War Risk Insurance Fund, authorization for investment of 740 Veterans. See also Veterans Administration.  Blinded veterans, certain, additional vocational rehabilitation 393  Claims, filing of notice of disagreement and appeal 553  Deceased, payment of benefits withheld during hospitalization, etc., eligible beneficiaries 208  Dependency and indemnity compensation, pensions, death benefits; effective dates of awards 948  Disability compensation—   Blindness or bilateral kidney involvement 406   Increase 441  Disabled, automobiles for; waiver of time limitation for filing application 1198  Federal payments to State homes, deductions from; restriction 935  Hospitalized, continued aid and attendance allowance in certain cases 441  Insurance—   District of Columbia veterans’ organizations, eligibility for group life policies 1131   National Service Life Insurance, assignment provisions 245   United States Government life insurance, conversion of five-year term policy to special endowment at age 96 plan 219  Korean conflict—   Educational assistance, extension of time limitation in certain cases 926   Unemployment compensation, repeal of obsolete provisions 558  Medical experts, use of independent opinions 557  Multiple sclerosis, increase of presumptive period for service connection 442  Peacetime veterans, hospital and medical care for service-connected disabilities 381  Pensions payable during hospitalization, for certain veterans 245  Philippines, appropriation for grants for medical care 733  Post-World War II service, vocational rehabilitation 927, 928  Prosthetic appliances—   Repair or replacement 1126   Research—    Appropriation authorization 307    Appropriation for 732  Unemployment compensation, appropriation for 363  War orphans’ educational assistance—   Age limitation, extension 935   Eligibility, extension of time limitation in certain cases 926, 927   Enrollment in foreign educational institutions; approval, limitations 216  Widows and children, restoration to the benefit rolls upon annulment of marriages 558  World War I emergency officers, certain; retirement benefits 1198 Veterans Administration. See also Veterans.  Administrative provisions, Appropriation Act 734  Appropriation for 8, 213, 732  Dairy products, surplus, reduction of reports to Congress on use in hospitals 109  General operating expenses, appropriation for 7321672  Hospital and domiciliary facilities, appropriation for construction 734  Insurance and indemnities, appropriation for 733  Loan Guaranty Revolving Fund, appropriation for 8, 734  Medical care and administration expenses, appropriation for 213, 732, 733  Medicine and Surgery, Department of—   Chaplain Service Director, appointment, compensation 309   Citizenship requirement, exception 309   Pay schedules for doctors, dentists, and nurses 859   Personal property, reimbursement for damages 308   Specialist ratings for part-time personnel 308   Temporary appointments; pay, duration, etc 309   Therapeutic and rehabilitative activities, use of services of hospital patients 308  “Pay and Allowances of the Uniformed Services”, codification, revision, and enactment into law of title 37 of United States Code 451–502  Pensions and compensation, appropriation for 733  Prosthetic appliances—   Repair or replacement 1126   Research—    Appropriation authorization 307    Appropriation for 732  Readjustment benefits, appropriation for 733  Regional office in Europe, establishment; authorization 927  Supply Fund, appropriation for 734  Veterans’ Appeals, Board of—   Claims, filing of notice of disagreement and appeal 553   Medical experts, use of independent opinions 557 Veterans’ Benefits Calculator, printing of additional copies 1416 Veterans Day:  1961, proclamation 1433  1962, proclamation 1502 Veterans’ Reemployment Rights, Bureau of, appropriation for 364 Vice President of the United States. See also President of the Senate under Senate.  Automobile, appropriation for 682  Compensation and expenses, appropriation for 680  Secret Service protection 956  Vice President-elect, Secret Service protection; penalties for threats against 956 Virgin Islands:  Appointments of persons to attend military academies 547  Buck Island Reef National Monument, establishment, proclamation 1441  District Courts, judges, appropriation for 1099  Poultry Products Inspection Act, amendment, extension to 110  Public Welfare Amendments of 1962 172  Purchases through General Services Administration, authority 339  Revised Organic Act of the Virgin Islands, amendment—   Acting secretaries, appointment 35   Government comptroller, salary 43  Virgin Islands National Park, boundary revision 746  Watershed areas, investigations 438 Virgin Islands Corporation, appropriation for 352 Virginia:  Pentagon road network (Trust Fund), appropriation transferred to 1095  Petersburg National Battlefield, designation 403  Potomac River Compact of 1958, consent of Congress 797  Prince William County, sale of property owned by District of Columbia 92  Southern Interstate Nuclear Compact, eligibility 253  Virginia Polytechnic Institute, towing carriage, duty-free importation 402  Washington Metropolitan Area Transit Regulation Compact, amendments, geographical jurisdiction and transportation covered, extension 764 Virginia Dare, Three Hundred and Seventy-Fifth Anniversary Celebration of Birth of, members of joint committee to represent Congress 1419 Vocational Education:  Appropriation for 366  Federal Prison Industries, Inc., limitation of funds for 1105  Manpower Development and Training Act of 1962 23 Vocational Education Act of 1946:  American Samoa, application extended to 586, 587  Appropriation for effecting provisions 366 Vocational Rehabilitation:  Blinded veterans, additional time for training 393  Post-World War II service veterans, eligibility 927, 9281673 Vocational Rehabilitation, Office of, appropriation for 368 Vocational Rehabilitation Act, appropriation for effecting provisions 368 Voluntary Overseas Aid Week:  Designation 1416  Proclamation 1464 W. Kerr Scott Dam and Reservoir, N.C., designation 1198 Wage and Hour Division, Department of Labor, appropriation for 365 War Claims Act of 1948, Amendments:  Foreign Claims Settlement Commission members, appointment, term of office 1113  Guamanians, benefits to 413  World War II losses, certain, settlement of claims 1107 War Orphans’ Educational Assistance:  Age limitation, extension 935  Eligibility, extension of time limitation in certain cases 926, 927  Enrollment in foreign educational institutions; approval, limitations 216 War Risk Insurance Fund, authorization for investment of 740 Warner Robins, Ga., provision for land conveyance to city by Department of the Air Force, repeal 439 Warsaw Ghetto Day, designation 407 Wasatch National Forest, Utah, appropriation for acquisition of land; land additions 347, 545 Washington:  Chief Joseph Dam project, construction authorization 761  East Columbia Basin Irrigation District, amendatory repayment contract, authorization 677  Eastern District of Washington, Southern Division, holding court at Richland 598  Naval Sea Cadet Corps, incorporation 530  Pacific Marine Fisheries Compact, amendment; additional states, participation 763  Pasco, relief of liability of payment to United States 51  Quinault Indian Tribe, lands in trust for 913  Quincy Columbia Basin Irrigation District, amendatory repayment contract, approval 677  South Columbia Basin Irrigation District, amendatory repayment contract, authorization 677  Spokane Valley Federal reclamation project, construction plans, modification 431  Statehood enabling act, amendment, use of funds from sale of certain lands 91  Whitman Mission National Historic Site, redesignation 90  Wynoochee River, flood control project, authorization 1193 Washington Metropolitan Area Transit Regulation Compact, Amendments, geographical jurisdiction and transportation covered, extension 764 Washington National Airport, appropriation for 721 Water, Office of Saline, appropriation for 345 Water Pollution, interstate compact disputes, district court jurisdiction 957 Water Pollution Control Act, Federal, appropriation for effecting provisions 372 Water Supply and Water Pollution Control, appropriation for 372 Waterfowl, Migratory, conservation; limitation on assistance for drainage of wetlands 696 Waterproof Cloth, modification and withdrawal of duties, proclamation 1469 Watershed Areas, investigations by Departments of the Army and Agriculture; reports to Congress 438 Watershed Protection and Flood Prevention Act:  Amendment, water storage and recreational development, Federal assistance 608–610  Appropriation for effecting provisions 1206 Weather Bureau:  Appropriation for 1096, 1097  Meteorological facilities; space satellites, appropriation for 1097 Welfare Amendments of 1962, Public 172 Welfare and Pension Plans Disclosure Act, appropriation for effecting provisions 362, 364 Welfare and Pension Plans Disclosure Act Amendments of 1962 35 West Virginia, Southern Interstate Nuclear Compact, eligibility 253 West Virginia Centennial Commission, striking of medals for one hundredth anniversary 650 Wetlands, limitation on assistance for drainage 696 Wheat:  Acreage allotments, use of diverted 70  International Wheat Agreement Act of 1949—   Amendment, extension 434   Appropriation for effecting provisions 1214  Program for 1962, withdrawals from storage, penalties 191674  Program for 1963—   National acreage allotment and marketing quotas; deferment of proclamation; referendum 69, 130, 170   Price support 615   Small farm exemption from marketing quota 909  Program for 1964 618  Shmurah wheat flour, importation for religious purposes, proclamation 1447 White County Bridge Commission, Ind. Ill., annual audit; report 59, 60 White House Office, appropriation for 315 White House Police:  Appropriation for 312  Increase in force; supervision; duties, etc 95  Survivors’ benefits, extension 402 White River Basin, flood control projects, authorization 1186 Whitman Mission National Historic Site, Wash., redesignation 90 Whooping Cough, vaccination program, grants to States 1155 Wichita Mountains Wildlife Refuge, appropriation for maintenance of long-horned cattle 344 Wildlife Service. See Fish and Wildlife Service. Will M. Whittington Auxiliary Channel, Yazoo River Basin, Miss., designation 1184 Wind River Indian Irrigation Project, Wyo., cancellation of certain charges 128 Wines, extension of excise tax rate 114 “Wiretapping and Eavesdropping Legislation”, printing of additional copies of hearings 1421 Wisconsin, Menominee County:  Eastern Judicial District, inclusion in 307  Financial assistance; construction of sanitation facilities, authorization 53, 54  School district costs, appropriation for grants 214 Witnesses:  Appropriation for fees and expenses 215, 1086  Bribery of, penalties 1120 Women’s Bureau, Department of Labor, appropriation for 365 Wood, Petrified, removal of limited quantities from public lands 652 Woolen and Worsted Fabrics, modification and withdrawal of duties, proclamation 1469 Work Hours Act of 1962 357 World Food Congress, 1963, authorization for funds for United States expenses 1078 World Health Organization, United States representative and alternate on Executive Board of the, compensation 865 World Trade Week, 1962, proclamation 1481 World War II Memorials, appropriation for expenses 1101 Wyoming:  Interstate compact with Montana, North Dakota, and South Dakota, time extension for negotiations 71  Riverton Federal reclamation project, water delivery 94  Sweetwater County, land conveyance to State 44  Wind River Indian irrigation project, cancellation of certain charges 128 Yards and Docks, Bureau of, contracts with the United States, military installations, supervision 241 Yearbook of Agriculture, appropriation for 1211 Youth Fitness Week, 1962, National, proclamation 1456 Zinc and Lead Stabilization Program, appropriation for 214, 342 Zoological Park, National, D.C., appropriation for 351 Zuni Tribe of Indians, N. Mex., land conveyance 33 1675 INDIVIDUAL INDEX Page Abarca, Carlos S 1334 Abejuro, Jaime 1331 Abramovich, Arie 1348 Adams, Carl 1398 Adams, Howard H 797 Adelson, M. William 797 Agar, Karl H 1377 Agourakis, Haralambos 1272 Aguilar, Sgt. Ernest I 1405 Ah, Liang Tay 1426 Aikawa, Shunichi 1319 Ainsworth, Francis 1268 Alcantara, Judy J 1353 Algoma Steel Corporation, Ltd 72 Alley, C. Edwin 1385 Alloca, Anna I 1314 Alvanos, Elias 1426 American Legion 1319 American Legion Auxiliary 1318 Amis Construction Co 1278 Anastos, Despina 1393 Anderson, Theodore A 1306 Ang, Mr. and Mrs. Alfredo Hua-Sing 1340 Angelone, Adele A. T. 1351 Angelone, Gaetanina P 1351 Aniello, Giuseppe 1286, 1296 Annenberg, Solomon 1332 Anschutz, Anne 502 Arinque, Lazaro L., Jr 1381 Aris, Eladio 1336 Army Distaff Foundation 1300 Arruda, Marie S 1396 Arukian, Hratch S 1364 Arvanetes, Marie M 1390 Arvidson, John A 1326 Arzoo, Mrs. Hasmik 1335 Atabay, Gail H. (and daughter) 1293 Atkinson, Mary C 1266 Atwood, Annie P 502 Avila, Maximo B 1299 Babbitt, C. J 79 Baden, Noreen J 1329 Bailer, Adolf M 1312 Bak, Chyung Sang 1371 Baker, Ida H 502 Balice, Rosa F 1383 Barner, Jessie 1394 Banks, James R 1296 Bantillo, Pedro F 1313 Barati, George 929 Barbee, Robert D 1390 Barnett, Sally A 1320 Barnhart, George E 1267 Barton, Carlyle 797 Bate, Lt. Col. James M., heirs of 1348 Bayley, Elden 929 Beaman, John E. (and wife) 1290 Beaver, Gerald (and wife) 1373 Beland, Tina J 1312 Beil, Patricia K 1324 Benikosky, Julius 1268 Bergen, John J 530 Bessler, Michael 1392 Bethel Home Demonstration Club 1427 Bianchi, Assunta 1339 Billstein, R. Wilton 929 Boccalery, Aida M. S 1289 Bonner, Charles W 931 Bottero, Alessandro 1265 Bower, Annie Y 1362 Boy Scouts of America, Georgia-Carolina Council, Inc 1402 Brackbill, Arthur H 1400 Brathwaite, Elaine V 1394 Braude, Simon 1426 Brezza, Umberto 1350 Bricklayers Local 45, Buffalo, N. Y 1375 Bridges, Doloris T 215 Briganti, Salvatore 1308 Briley, Earl T 1397 Brotherhood of Painters, Decorators, and Paperhangers of America Local Unions 645, 1507, 1511 1374 Brown, Mrs. Willie M 1302 Brunken, Elwood 1263 Bruno, Elena 1349 Buck, George E 1389 Buketoff, Igor 931 Burden, William A. M 128 Burgess, Rhea G 1306 Burstein, Harvey 1291 Button, Robert Y 797 Callas, Alexandra 1325 Caltagirone, Librande P 13611676 Cambio, Carmine A 1352 Cambrea, Rocco 1294 Campos, Maria O 1353 Canas, Leopoldo R 1381 Cannon, Hon. Joseph G 71 Caraiscou, Constantina 1347 Carey, Kim 1320 Carolina Power and Light Co., Raleigh, N.C 1321 Carpanzano, Rosina 1352 Carpenter, E. La Ree S 1374 Carroll, Jane 1284 Carter, Lt. Col. William A 1404 Case, Myrle G 215 Catlett, William J., Jr 530 Chaghaghi, Simeen H 1350 Chan, Saifook 1277 Chang, Stephen S 1347 Chen, Liu Shui 1279 Chen, Su-Fen 1363 Cherryman, Rexford R 1372 Chesire, Wilfrid M 1371 Cheuk, Yuk-Kan 1364 Chin-Ying, Mrs. Lee Ma 1383 Chinn, Gwai Bun 1425 Chrzastowski, Eugenia 1273 Chudziak, Michalina A 1352 Chung, Pak Jow 1426 Church of St. Francis Xavier, Phoenix, Ariz 1366 Cianciulli, Edvige 1281 Clarahan, Dwight W 1367 Clegg, Oliver M 929 Coady, Lizetta 502 Collins, Stephen R 797 Comeau, James 1399 Comito, Michelangelo 1383 Compton, Arthur H 128 Comstock, Kim Hyung In 1351 Congregation B’Nai Israel, Woonsocket, R.I 1366 Congress, A. Eugene 1310 Conley, Francis 135 Conn, Robert L 929 Connable, Alfred C 929 Constantelias, Ioannis 1423 Contreras, Domingo 1426 Cook, Maj. William R 1386 Cooke, John W 797 Cooke, T. E 1369 Cotter, Rear Adm. Carl H 1409 Coughlin, Bessie K 502 Coughlin, Mrs. Takako 1365 Court Street Methodist Church, Rockford, Ill 1366 Cox, 1st Lt. Charles M 1405 Cox, Leslie O 1389 Crane, Billy W., Sr 1354 Crisconi, Anna C 1366 Cuozzo, Anthony A 135 Czyz, Tadeusz R 1351 Dai, Chew Sin 1425 Darmi, Filomena 1352 Dattoli, Pietro 1365 Davis, Cora M 502 Dedetsinas, Michael A 1394 Dekat, Cleo A 1395 Dekazos, Athanasia 1283 De La Cerda-Sarmento, Manuel 1426 Delaplaine, Edward S 797 De Los Reyes, Ricardo V 1313 Demetropoulou, Tasia 1382 Dendy, William T 1365 Denecke, Henry 929 Deremo, Susanne R 1275 De Simone, Lise M. B. M 1323 de Soepkez, Marguerite 1327 de Vasconcelos, Joao de Freitas F 1355 DiCarlo, Elizabeth R 1309 Di Gesu, Chiara 1301 Din, Suraj 1342 Djedda, Salim Haron 1426 Doctor P. Phillips Foundation, Orlando, Fla 1367 Doi, Hyun Poot 1352 Domligan, David G 1352 Dong, Fong Kai 1297 Dorcic, Dinko 1377 Dougan, Mrs. Ronald A 931 Douglass, Frederick 435 Dow Chemical Company 140 Downey, Mona M 1382 Drake, Clara O 1318 Drake, Herman L 1318 Drake, John C 1318 Drake, Lilia H 1318 Drake, Mayo 1318 Drake, Ruby M 1318 Drogoszewski, Wojciech A 1352 Duisberg, Dr. Walter H 1408 Dunis, Demitrios 1326 Dunlop, Jean L 1279 Edwards, Ann W 1265 Edwards, George E 1426 Edwards, Gertrude M 502 Edwards, John 929 Ellender, Senator Allen J 1415 Ellison, Capt. Harry E 1292 English, Arlin D 1268 Erdelyi, Anna M 1378 Estes, Billie Sol 1427 Estoesta, Teofilo 1284 Evans, Richard V. (and wife) 12771677 Fagann, Betty S 1394 Fagg, Mrs. Harry 929 Fahrenbruch, Christine 1282 Falby, William 1312 Fappiano, Helen 1299 Fatibene, Maria 1330 Feldbrill, Victor 931 Fernandez, Apolonio 1351 Fernandez, Teresita 1351 Finn, Charles C 1267 Finn, George C 1267 Fisher, Cecil P. (and wife) 1373 Fitch, Morgan 330 Fitzpatrick, Thomas J 1409 Floyd, Rev. Patrick 1287 Fong, Chin Hoy 1425 Fousse, Kenneth E 1402 Foutris, Cynthia A 1351 Fraenkel, Ernst (and wife) 1324 Frazier, Capt. Dale 1326 Frederick, Mrs. Holmes 929 Froemming, Alice A 1338 Froman, Jane 1411 Fuchs, Franziska A 1314 Fuchs, Dr. Peter P 929 Fuentes, Jose 1396 Fujii, Katsutoshi 1352 G. L. Bernhardt Co., Inc 1285 Gambino, Charles 1361 Gelb, Abraham 1302 George Wm. Rueff, Inc 1360 Georgia Development Authority 108 Getris, Bogumil 1351 Ghosn, Hanna 1339 Giameos, Evangelia N 1352 Gibson, Forrest L 1385 Gigliotti, Emilio 1426 Gin, Win Gon 1425 Ginder, Mabel R 502 Ginn, Annie 1425 Givens, Royce L 135 Glenn, Lt. Col. John H., Jr 1415 Godin, Gerda 1330 Godino, Theresa 1351 Godwin, Mills E., Jr 797 Golden, Mrs. Ben H 929 Gomez, Margarito 1426 Graham, Mrs. J. W 931 Grammer, Paul O 929 Granduc, Renato and Grazia 1340 Green, Oliver G 1402 Greene, Elizabeth S 929 Greene, Mrs. Gerald S 931 Greene wait, Dr. Crawford H 53 Gregory, Harold 929 Gresham, William 1389 Grover, Helena M 1343 Gruson, Sydney 1309 Gruszkos, Janina T 1372 Gudera, Susan, Heinz H., and Catherine, 1347 Guidry, Betty I 1402 Guillermo, Elias N 1313 Ha, Mrs. Chow Chui 1296 Haas, Maddalena 1301 Hae, Jung 1364 Haeusserman, Ernst 1338 Hahn, Grace H 502 Haider, Louise 502 Halas, George 530 Hale, Col. Samuel 1272 Hamilton, Alexander 57 Hammond, Joseph 1398 Hanes, R. Philip 929 Hanline, Jack W 1389 Hanson, Walter H 1266 Harden, Sharon L 1270 Harper, Harrison T 1270 Harrington, Howard 931 Harris, James E., Jr., legal guardian of 1356 Harter, Eugene C 1281 Hasenbuhler, Ethel F 502 Haskins, Dr. Caryl P 53 Hawthorne, Daniel J., Jr 1302 Hayley, Mildred L 1313 Haynes, Jean M 1352 Heard, Estelle L 1359 Hebbard, Lester W 135 Heinemann, Daisy 502 Helms, Walter C., Jr 1402 Hendon, Raymond C 1380 Herberger, Mrs. G. Robert 929 Herill, Walter P 1389 Hermens, Ferdinand A 1316 Hermosilla, Sebastian S 1328 Herring, William 931 Hewitt, Spencer E 1297 Hillebrand, Gunter H 1393 Hiller, Dr. Robert E 1269 Hin, Fong Yee 1406 Hing, Hom Hong 1292 Hinterberg, Kurt 1426 Hirsch, Lt. Col. Edward 1387 Hogan, D. L 79 Hogan, John B 1308 Holy Cross Lutheran Church, Greenbelt, Md 1375 Homann-Herimberg, Claude 1329 Hong, Fong Chun 1297 Hong, Ja Han 1351 Hope, Bob 93 Hoster, Catherine McBride 502 Houchins, Woodrow W 1402 Houston Belt & Terminal Railway Co 1271 Hua-Hsin, Chao 13841678 Hudson, Yoshiko 1352 Huey, Thick Chu 1425 Hughes, Vincent E. (and wife) 1316 Hutchins, George R 1333 Huygelen, Paul and Luba A 1392 Iallonardo, Orsolina C 1296 Iannaccone, Thomas 931 Illinois, University of 1374 Imbat, Arnulfo C 1313 International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America Local 863 1375 International Hod Carriers’ Building and Common Laborers’ Union of America, Local Union No. 435 1392 Irwin, George 931 Ito, Kazuo and Satomi 1287 Ja, Lee Kyong 1294 Janiec, Henry 929 Jeans, Elizabeth 502 Jensen, Don C 1410 Jew, Ming Wai 1425 Johnson, Dorothy H 1410 Johnson, Elizabeth A 1346 Johnson, Grace L 502 Johnson, Lawrence D 135 Johnson, Ruth E 502 Johnson, Walter J 1198 Johnston, Jessie 502 Jones, C. W 1370 Joseph, Frank E 929 Joyner, William B 1308 Jubera-Martinez, Alvaro 1426 June, Wong Way 1425 Kahl, Naife 1393 Kalaycioglu, Dr. Mehmet V 1407 Kalem, Paul E 1280 Kaplan, Fotios S 1356 Kaplan, Gertrude M 1301 Kapsalis, Anne 1351 Karasick, Simon 1395 Kasparek, Robert B 1279 Kays, Charles L 1387 Kearny, Robert M 1279 Kee, Mon 1426 Keisèr, Henry E 1388 Kemeny, Irene 1297 Kendrick, Harold 931 Keong, Leong 1425 Kessenich, Gregory J., estate of 1368 Khosrowkhah, Ali 1407 Khoury, Georges 1353 Kim, Duck Lee 1425 Kim, Sung Ae 1352 Kines, Albert W 1402 Kino, Eusebio Francisco 404 Knobbe, Robert 1369 Kocher, Lester A 1409 Koh, Chao Yao 1333 Kolberg, Hugo 1276 Kolodziej, Urzsula B 1352 Kolodziejczyk, Barbara 1352 Koo, Kim Chong 1407 Kopec, Franciszek 1351 Kopec, Wladystaw 1351 Kosior, Urszula 1351 Kothe, Elizabeth L 502 Kroll, Brigitte M. I. 1275 Kusulja, Bogdan 1336 Kwaan, Dr. Hau Cheong 1277 Kwaan, Laura Wai Man 1277 Kwaan, Tech Phaik Loui 1277 Kwan, Chan Chew 1425 Kwauk, Molly 1408 Kyrklund, Lt. Comdr. David V 1401 La Bella, Maria 1317 Ladin, Mrs. Mignonne P 929 La Madrid, Bartola M. S 1349 Landrum, Iris A 1307 Lane, Edward E 797 Langstroth, Mrs. Ward T 929 Large, Ernest J 1280 Larson, Alice F 502 Lazarus, Mrs. Fred, III 931 Leach, Benjamin 1382 Leach, Diogracias 1382 Leach, Maximo 1382 Leach, Rogelio 1382 Leahy, John S., Jr 530 Lee, Duk Man and Soon Mai 1391 Lee, Gar Way 1425 Lee, Kai Suen 1425 Lee, Dr. Kwan Ho 1341 Lee, Sin Ha 1425 Lee, Won Wah 1425 Leghorn, Kikue Yamamoto (and son) 1298 Leis, Louanna L 1305 Lendian, Mrs. A. R 1363 Lengyel, Mathew 1380 Leonard, George E 1411 Lerke, Susan H 1324 Lert, Dr. Richard 931 Levenson, Harry 929 Levite, Myron 929 Lew, Kim Yee 1426 Lewandowski, Jan K 1352 Lewis, Bobbie R 1369 Lewis Invisible Stitch Machine Co., Inc 1344 Liang, Edward Yin 1288 Lim, Soon Tai 13621679 Lim, Tai Ja 1352 Lincoln, Abraham 9, 1424 Lindsay, Robert W 1402 Little Flower Mission of the St. Cloud Diocese 1320 Littlefield, Mrs. B. H 929 Loessin, Merle K 1293 Longfield-Smith, Antonia 1311 Longworth, Hon. Nicholas 71 Losowskaja, Stepanida 1348 Love, Mary J 502 Lovic, Elizabeth 1341 Lowry, Anthony R 1264 Loyal Order of Moose, Suitland Lodge No. 1856 1387 Luedecke, A. R 664 Luisi, Rosina 1330 Lum, Bak-Min 1425 Lutz, Clarence H 135 Lynch, Maj. Billie H., heirs of 1348 Mablekos, Evagelos 1272 MacArthur, Gen. Douglas 760, 1422 MacArthur Memorial Foundation 760 Maciejewska, Janina 1315 MacIntyre, Robert 931 MacPherson, Angus 1400 MacPherson, Margaret 1400 MacPherson, Marilyn 1400 MacPherson, Ruth 1400 Magcanam, Gerardo P 1313 Mangente, Herculano C 1313 Mangiaracina, Concetta M 1400 Mangiaracina, Frances 1309 Mangiaracina, Rosetta 1400 Mangiaracina, Tomasino 1400 Mannix, Lt. Comdr. Joseph P 1373 Mansour, Adele A 1315 Markoff, Gypsy 1411 Marquez-Paez, Raul 1426 Marshall, J. Pauli 530 Martino, Vincenzo 1425 Masiello, Anna C 1352 Massari, Henry 1370 Mathews, Maj. Clara M 1405 Matthews, GÜes L 1265 Mattiat, Sylvia 1315 Mayo, Ireneo S 1313 McCollough, Harriette G 502 McCormack, Hon. John W 686 McCrain, Despina 1352 McCrain, Vassilire 1352 McDermott, George A 1282 McManus, Edward J 1360 McWilliams, William J 797 Mendoza, Felix L 1288 Merrill, James L 1331 Merritt-Chapman and Scott Corp 1339 Messina, Calogera V 1384 Metry, Michael N 1317 Michniewicz, Jan 1352 Miguel, Izabel A 1283 Mikucki, Teresa 1352 Mikulich, Joseph 1352 Milenovic, Jeliza P 1287 Miller, Thomas W 1402 Minton, Lt. Col. Gustave M., Jr 1406 Mishutani, Roland F 1289 Miska, Wanda 1351 Miska, Wlodzimierz 1351 Misra, Dwijendra K 1391 Misticoni, Anna S 1380 Moore, Daniel E 1307 Moreno, Juanito 1313 Morgan, Marie 502 Morrissey, Gibson 929 Mortelliti, Salvatore 1342 Morton, John D 1299 Moseley, Carlos 929 Mosqueda, Rutilio 1426 Mota, Augustine 1426 Mourkakos, Stavros M 1327 Moy, Fay Yen 1425 Moy, Mee Sen 1383 Moy, Yet Gee 1383 Moyer, Frederick I 929 Mutter, Ronald L 1295 Myers, Ivy G 1336 Nagy, Jeno 1364 Nakashidze, Hidayet D 1353 Nelson, Eula M 502 Nichols, Anna S 1351 Nichols, John A 1351 Norrito, Mario 1426 Nouri, Dr. Hassan M 1384 Nurmeta, Nikolai 1425 Ochoa, Gilbert 1426 Ogassian, Mrs. Geohar 1333 O’Grady, Dennis H 1278 Olmstead, George B 1271 Olsen, Mrs. Albert C 929 Olsenwik, Marie A 1351 On, Lee Dock 1350 Ormonde, Jacinto M 1294 Orr, Joan R 1397 Ortiz, Dr. Serafin T 1267 O’Sorio, Anthony E 1368 Otsu, Yasuko 1274 Owens, Seymour K 1391 Oyunciyan, Ahsabet 1339 Pagano, Stella R 1358 Pagdilao, Felipe O 13301680 Papworth, Mary J 1399 Parker, Mrs. Fitzgerald 929 Parker, Gerald A 1389 Parkhurst, Josephine E 502 Parks, Lloyd, estate of 1404 Pascopoulos, Pagona 1355 Pasquale, Graziella 1352 Paterson, Janet and Mary 1330 Paterson, Mrs. Leslie M 1330 Patrick, Hattie and Joseph, Sr 1356 Pecoraro, Gabrielle 1360 Pecoraro, Joseph 1360 Pecoraro, Placid J 1360 Pedersen and Tilney 1079 Peng, Dr. Tzy-cheng 1275 Pereira, Manuel C 1351 Pericle, Paul J 1305 Perry, Thomas D 929 Pervetich, Katherine A 1352 Pflaum, Mrs. Leo R 929 Pfohl, Dr. James C 929 Picchione, Pierino R 1295 Piccioni, Elisabetta 1295 Pietrzycki, Ignacy 1352 Pietrzycki, Krystyna 1352 Piper, Henry 81 Piper, Samuel D 81 Pirotta, Anthony 1370 Placidi, Maurizio 1358 Polkowska, Mary E. S 1288 Pond, James L 1426 Portlock, Miles F 929 Powell, Robert O 1402 Power, Peter D 1409 Prieto-Guzman, Jesus 1426 Principe, Adriano P 1313 Prudente, Gennaro 1355 Przyborowska, Kazimiera 1351 Pulit, Cecylia O 1352 Purdy, Joey K 1322 Quan, Bing Kwong 1425 Quan, Dong Guay You 1425 Quattrocchi, Rosa and Rita 1395 Quinn, Francis L 1337 Rabaut, Stella M 215 Rafala, Carmelo 1379 Rainone, Angelina 1314 Ramirez-Trejo, Augustin 1334 Rand, Lucille V 502 Randolph, Irene 502 Ratajczak, Irena 1335 Rayburn, Hon. Sam 71, 215, 605 Recanati, Elaine R 1319 Redi, Eleanore 1328 Reilmann, Theodore T 1286 Reyes, Geronimo R 1313 Reynolds, Elizabeth O 1291 Riddhagni, Prabaddh 85 Riley, Corrine B 215 Rioux, Dr. Berchmans 1276 Ritt, Eva L 1317 Roberts, Mrs. H. W 931 Robertson, James P 929 Robertson, Roy A 1369 Robertson, Seymour 1290 Rock, Feiga A 1426 Rockenfeller, Juliane C 1338 Rodriguez, Manuel A 1319 Rogers, Mrs. Elfriede P 1280 Romero-Madrigal, Juan 1426 Romney, Dr. Carl F 1284 Roosevelt, Franklin Delano 1079 Rosa, Lucia B. C 1276 Rose, Cecil D 1304 Rosen, Jean 1411 Rosenbaum, Samuel R 929 Ross, George W., Jr 1286 Rudolph, Max 929 Rudzinski, Apolonia 1352 Russell, Theodore C 929 Russo, Angelo A 1372 Ryan, Helen 931 Sabates, Dr. Felix N 1407 St. Joseph’s Cathedral, Hartford, Conn 1366 Sts. Mary and Joseph Church, Sawyer, Minn 1321 San Benito International Bridge Company 153 San Juan Darlington, Inc 544 San-Man Inn of Manning, Inc 1362 San Ore Construction Co 1278 Sandli, Arild E 1378 Santoro, Sebastians 1378 Sarcone, Frances E 1275 Sarmiento, Francisco F 1313 Sartan, Dimitri E 1266 Saulevicz, Felicja 1303 Scalzo, Caterina 1316 Scanlan, Robert J 1377 Schenck, William G 135 Schenkenberger, Filomena F 1323 Schleiger, John W 1386 Schmitt, Esther C 88 Schmutz, Howard B 1263 Schoeppel, Marie T 215 Scislowski, Stanislaw J 1352 Scott, W. Kerr 1198 Sebert, Harry A 1285 Sedwick, William A 1426 Serpa, Albert R 1269 Servito, Teofilo C 1381 Sestan, Giordano B 14261681 Shea, Loretta, estate of 1396 Shen, Shih Fang 1426 Shen, Wei Fan 1426 Shim, Yoon So 1325 Shinagawa, Chikoko 1328 Shouse, Mrs. Jouett 931 Shumaker, Lt. Lawrence A 1357 Sibley, Robert 88 Simpson, Sid 306 Sims, Lecil A 1332 Singh, Mohan 1281 Singlevich, Walter 1285 Sisson, Priscillo J. and Evelyn 1385 Slocum, Cecil W 929 Smith, Betty Ann, legal guardian of 1356 Smith, Sfc. Jesse O 1311 Smith, Laura I 502 Smith, Sonia M 1310 Smith, Stanley, legal guardian of 1356 Sochacki, Tadeusz 1367 Soderlund, Martin 1344 Sons of the American Legion 1318 Soter, Gus 1425 Spini, Anunzia 110 Spini, Enrico 110 Sprague, Henry E 1389 Stacy, Charles B 929 Standard Dredging Corp 1345 Starker, Joseph 1331 Starr-Camargo Bridge Company 154 Steinberg, William 929 Stewart, Lt. (jg.) James B 1358 Stokes, Richard A 1279 Stultz, Kenneth 1264 Sulzbach Construction Co 1274 Sumitani, Hajime 1322 Sun, Lee Hwa 1324 Sunga, Maj. Singh 1381 Szell, Dr. George 929 Takahashi, Sumiko 1379 Takai, Mrs. Fusako and Thomas 1304 Taquechel, Dario 1358 Tate, Thomas O., Jr 1293 Tawil, Jacques 1354 Taylor, John C 1334 Tedesco, Joseph A 1306 Tedin, Marlys E 1291 Teng, James Wong 1425 Texas and Pacific Railway Co 142 Theodore Roosevelt Association 217 Tiedemann, Dr. Hans J. V 1407 Tisler, Frantisek 1336 Tjiong, Tio Sien 1325 Tobar-Medina, Manuel 1426 Todaro, Filipa 1349 Todaro, Maria S 1327 Todd, Maj. C., Jr 1403 Todd, G. W 1404 Todd, Ira T., Sr., estate of 1403 Tom, Wai Yin 1426 Tomassian, Mrs. Heghine 1363 Toroian, Kevork 1310 Trifonov, Vladimir T 1351 Troup, James B 1315 Trudeau, A1c. Percy J 1272 Trzuskot, Augustyna 1352 Tsambiras, Yiannoula V 1341 Tsangaris, Constantinos 1426 Tull, James N 1307 Tumey, Ocie M 502 Tung, Mai Har 1349 Tyson, Beatrice J 502 Ucuncu, Nihat A 1359 University of Illinois 1374 Uzar, Mrs. Vartanus 1283 Van Eckhardt, Sylvia 1402 Vedetta, Grayce L 502 Veloz-Reyes, Ygnacio 1426 Walsh, Lt. Don 1357 Wangerin, R. H 931 Warbis, Viola B 1298 Ward, Charles F., Jr 1354 Warich, Amrik S 1342 Wartman, Virginia 929 Waters, Garland B 135 Watrous, Alan 931 Wertheim, Edward L 1292 Whang, Kook Nam 1351 White, Leslie C 929 Whitehouse, J. R., Jr 1279 Whittington, Will M 1184 Wiersma, Vernon J 1361 Wiley, Jackson 931 Williams, Stanley 929 Williamson, Nancie E 1273 Wiwczar, Michael 1425 Wolf, Joseph, Jr 1389 Wolff, Herbert A., Jr 1279 Won, You Hong 1426 Wong, Byron 1323 Wong, Doo Yen 1426 Wong, Gain Yuey 1426 Wong, Lea Min 1335 Wong, Ngoon Fow 1425 Wong, Pon 1426 Wong, Rose Chan 1426 Wong, Sik Tong 1426 Wong, Dr. Ting-Wa 1313 Wooden, Kenneth D 13111682 Woolner, Bruce E 1410 Wright, John D 929 Yang, Sieu-Yoeh Tsai 1349 Yau, Chong Lew 1425 Yee, Miu Lee 1425 Yee, Moo Tuk 1426 Yee, Mun Hoy 1426 Yee, Mrs. Sun (and children) 1357 Yee, Yat Hung 1425 Youn, Yin Yu 1425 Young, Mon 1303 Ysrael, Antonio C 1309 Yu, Dr. Charles C 1329 Zahner, Kenyon B 1410 Zambetoulla, Maria 1289 Zoetmulder, Hendrikus 1304 2 UNITED STATES
STATUTES AT LARGE

containing

The Canal Zone
Code

Enacted During the Second Session of the
Eighty-Seventh Congress
of the United States of America

1962

VOLUME 76A

in one part

PUBLISHED BY AUTHORITY OF LAW UNDER THE DIRECTION OF THE ADMINISTRATOR OF GENERAL SERVICES BY THE OFFICE OF THE FEDERAL REGISTER, NATIONAL ARCHIVES AND RECORDS SERVICE

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1962

For sale by the

Superintendent of Documents

U.S. Government Printing Office, Washington 25, D.C.

Price $5.75 (Buckram)

 TABLE OF CONTENTS Title 1. 1 2. 6 3. 51 4. 77 5. 280 6. 411 7. 559 8. 671 Chapter 1. 1 3. 2 5. 2 7. 5 9. 6 Sec. 1. 1 2. 1 3. 2 Sec. 31. 2 Sec. 61. 3 62. 4 63. 4 64. 4 65. 4 66. 4 Sec. 81. 5 Sec. 111. 6 112. 6 113. 6 iii iv Part 1. 6 2. 29 Chapter 1. 6 3. 7 5. 8 7. 14 9. 21 11. 22 13. 25 15. 26 17. 27 19. 28 21. 28 Sec. 1. 7 2. 7 3. 7 Sec. 31. 7 32. 7 33. 7 34. 8 35. 8 Sec. 61. 8 62. 8 63. 10 64. 11 65. 11 66. 11 67. 12 68. 12 69. 12 70. 13 71. 13 72. 13 73. 13 74. 14 75. 14 Sec. 101. 14 102. 15 103. 15 121. 15 122. 15 123. 15 v Sec. 141. 16 142. 16 143. 16 144. 17 145. 17 146. 17 147. 17 148. 17 149. 18 150. 18 151. 18 152. 19 153. 19 154. 19 155. 19 166. 20 181. 20 182. 20 201. 21 Sec. 231. 21 232. 21 233. 22 234. 22 235. 22 Sec. 271. 22 291. 23 292. 23 293. 23 294. 24 295. 24 296. 24 297. 25 Sec. 331. 25 332. 25 333. 25 334. 26 Sec. 371. 26 372. 26 vi Sec. 411. 27 412. 27 Sec. 451. 28 452. 28 453. 28 Sec. 471. 28 472. 28 Chapter 51. 29 53. 29 55. 30 57. 31 59. 32 61. 33 63. 36 65. 37 67. 37 69. 38 71. 38 73. 38 75. 40 77. 42 79. 42 81. 46 83. 48 85. 48 87. 49 89. 50 Sec. 701. 29 702. 29 Sec. 731. 29 732. 29 Sec. 761. 30 762. 30 763. 30 781. 30 782. 31 783. 31 784. 31 vii Sec. 811. 31 812. 32 Sec. 841. 32 842. 32 843. 32 Sec. 871. 33 872. 33 873. 34 874. 34 875. 34 876. 34 877. 34 878. 35 879. 35 880. 35 881. 35 882. 35 Sec. 911. 36 912. 36 931. 36 932. 36 951. 36 952. 36 Sec. 1001. 37 1002. 37 1003. 37 Sec. 1051. 37 1052. 37 Sec. 1071. 38 Sec. 1101. 38 1102. 38 viii Sec. 1131. 38 1132. 39 1133. 39 1134. 39 1135. 39 1136. 39 1137. 39 1138. 39 1139. 40 1140. 40 1141. 40 1142. 40 1143. 40 Sec. 1171. 40 1172. 41 1173. 41 1174. 41 1175. 41 1191. 41 1192. 41 Sec. 1261. 42 1262. 42 1263. 42 Sec. 1291. 42 1292. 42 1293. 43 1294. 43 1295. 44 1296. 44 1297. 45 1298. 45 1299. 45 Sec. 1331. 46 1351. 46 1352. 46 1353. 47 1354. 47 1355. 47 1356. 47 1357. 47ix 1358. 47 1359. 48 1381. 48 1382. 48 Sec. 1411. 48 1412. 48 Sec. 1441. 49 1442. 49 Sec. 1471. 49 1472. 49 1473. 49 1474. 50 1491. 50 1511. 50 Sec. 141. 50 Chapter 1. 51 3. 54 5. 55 7. 59 9. 61 11. 67 13. 69 15. 70 17. 71 Sec. 1. 51 2. 51 3. 51 4. 51 5. 52 6. 52 7. 52 8. 52 9. 52 10. 53 x Sec. 41. 53 42. 53 43. 63 44. 53 46. 53 46. 54 47. 54 Sec. 81. 54 82. 54 83. 55 84. 55 85. 55 86. 55 Sec. 121. 56 141. 56 142. 56 143. 56 171. 56 172. 57 201. 57 202. 67 203. 57 204. 58 231. 58 232. 68 233. 59 Sec. 271. 59 272. 59 273. 60 274. 60 275. 60 276. 60 277. 60 278. 60 279. 60 xi Sec. 321. 61 322. 61 323. 62 341. 62 342. 62 343. 62 344. 62 345. 63 346. 63 347. 64 348. 64 349. 64 350. 64 351. 64 371. 65 372. 65 373. 65 374. 65 375. 65 376. 65 377. 66 378. 66 391. 66 392. 66 393. 67 394. 67 395. 67 Sec. 431. 67 432. 68 433. 68 434. 68 435. 69 436. 69 437. 69 438. 69 439. 69 Sec. 471. 69 472. 69 Sec. 511. 70 512. 70 513. 70 xii Sec. 541. 71 542. 72 543. 72 544. 72 545. 72 546. 73 547. 73 548. 73 549. 74 550. 74 551. 74 552. 74 553. 74 554. 75 555. 75 571. 75 572. 75 573. 76 574. 76 575. 76 576. 76 577. 76 Chapter 1. 78 3. 78 5. 80 7. 82 9. 82 11. 83 13. 87 15. 87 17. 88 19. 88 21. 90 23. 91 25. 92 27. 100 29. 106 31. 114 33. 119 35. 120 37. 123 39. 123 41. 125 43. 126 45. 126 47. 147 49. 152 51. 154 53. 170 55. 170 57. 173 59. 175 61. 179 63. 181 65. 181 67. 181xiii 69. 182 71. 184 73. 185 75. 187 77. 192 79. 193 81. 194 83. 198 85. 201 87. 213 89. 214 91. 215 93. 217 95. 220 97. 223 99. 226 101. 231 103. 233 105. 235 107. 262 109. 262 111. 267 113. 270 115. 271 117. 278 Sec. 1. 78 Sec. 31. 78 32. 78 33. 78 34. 78 35. 79 36. 79 37. 79 38. 79 39. 79 40. 79 41. 79 42. 80 43. 80 Sec. 71. 80 72. 80 73. 80 74. 80 75. 80 76. 81 77. 81 78. 81 Sec. 111. 82 112. 82 113. 82 114. 82 115. 82 116. 82 117. 82 118. 82 xiv Sec. 151. 83 152. 83 Sec. 181. 83 182. 83 183. 84 184. 84 186. 84 186. 84 187. 84 188. 84 189. 84 190. 84 191. 84 192. 84 193. 85 194. 85 195. 85 196. 85 197. 85 198. 85 199. 85 200. 85 201. 85 202. 85 203. 85 204. 85 231. 86 232. 86 233. 86 234. 86 235. 86 251. 86 262. 86 271. 86 272. 87 273. 87 274. 87 276. 87 Sec. 311. 87 312. 87 Sec. 341. 87 342. 87 343. 88 xv Sec. 371. 88 372. 88 Sec. 401. 88 421. 88 422. 89 423. 89 424. 89 425. 89 441. 89 442. 90 443. 90 444. 90 445. 90 446. 90 471. 90 Sec. 501. 90 Sec. 1. 1 531. 91 532. 91 633. 91 534. 91 535. 91 536. 91 537. 92 538. 92 539. 92 540. 92 Sec. 571. 93 572. 93 573. 93 574. 93 575. 93 576. 93 591. 93 592. 93 593. 94 594. 94 595. 94 596. 94 597. 94 598. 94 xvi Sec. 621. 94 622. 94 623. 94 624. 94 625. 94 626. 94 651. 95 652. 95 653. 95 654. 95 655. 95 656. 95 657. 95 658. 95 681. 95 682. 96 683. 97 684. 97 685. 98 686. 99 687. 99 688. 100 689. 100 690. 100 Sec. 1. 1 721. 100 722. 100 723. 101 724. 101 725. 101 726. 102 727. 102 728. 102 729. 103 730. 103 731. 103 732. 104 733. 104 734. 104 735. 104 736. 104 737. 104 738. 105 739. 105 740. 105 741. 105 742. 105 743. 105 744. 105 Sec. 781. 107 782. 107 xvii Sec. 811. 107 821. 107 822. 107 823. 107 831. 107 832. 107 833. 108 834. 108 835. 108 836. 108 837. 108 838. 108 839. 108 851. 108 852. 108 853. 108 854. 108 871. 109 872. 109 873. 109 891. 109 892. 109 893. 109 894. 109 895. 109 896. 109 897. 109 911. 110 912. 110 913. 110 914. 110 915. 110 916. 111 917. 111 918. 111 919. 111 920. 111 921. 111 922. 111 923. 111 924. 111 925. 111 926. 111 927. 111 928. 112 929. 112 930. 112 xviii Sec. 941. 112 942. 112 943. 112 944. 112 951. 112 952. 112 963. 113 954. 113 961. 113 962. 113 963. 113 964. 113 971. 113 972. 113 973. 113 Sec. 1001. 114 1002. 114 1021. 115 1022. 115 1023. 115 1024. 115 1041. 115 1042. 115 1043. 115 1044. 115 1045. 115 1046. 115 1047. 116 1048. 116 1049. 116 1050. 116 1051. 116 1052. 116 1053. 116 1054. 116 1055. 117 1066. 117 1057. 117 1058. 117 1059. 117 1060. 117 1061. 117 1062. 117 1063. 117 1064. 117 1065. 117 xix Sec. 1081. 118 1082. 118 1083. 118 1084. 118 1085. 118 1101. 118 1102. 118 1103. 118 1104. 118 1106. 118 1106. 118 1107. 119 1108. 119 1109. 119 1110. 119 Sec. 1141. 119 1142. 119 1143. 119 1144. 119 1145. 119 1146. 119 1147. 120 1148. 120 1149. 120 1150. 120 Sec. 1181. 121 1182. 121 1183. 121 1184. 121 1185. 121 1186. 121 1187. 121 1188. 121 1189. 121 1190. 121 1191. 121 1192. 121 1193. 121 1194. 122 1195. 122 1196. 122 1197. 122 1198. 122 1199. 122 1200. 122 1201. 122 1202. 122 1203. 122 1204. 122 1205. 123 Sec. 1241. 123 1242. 123 1243. 123 1244. 123 1245. 123 xx Sec. 1271. 124 1291. 124 1292. 124 1293. 124 1294. 124 1311. 124 1312. 124 1313. 124 1314. 125 1315. 125 Sec. 1351. 125 1352. 125 1353. 125 1354. 125 1355. 125 1356. 125 1357. 126 Sec. 1391. 126 Sec. 1421. 128 1422. 128 1423. 128 1424. 128 1425. 129 1426. 129 1427. 129 1428. 129 1429. 130 1430. 130 1431. 130 1432. 130 1433. 131 1434. 131 1435. 131 xxi 1436. 131 1441. 132 1442. 132 1443. 132 1444. 133 1445. 133 1446. 134 1447. 134 1448. 134 1449. 134 1450. 135 1451. 135 1452. 135 1453. 135 1454. 135 1455. 135 1456. 135 1457. 136 1458. 136 1459. 136 1460. 136 1461. 137 1462. 137 1463. 137 1464. 137 1471. 137 1472. 137 1473. 137 1474. 138 1475. 138 1476. 138 1477. 139 1478. 139 1479. 139 1480. 139 1481. 139 1491. 140 1492. 140 1493. 140 1494. 140 1495. 141 1496. 141 1497. 141 1498. 141 xxii Sec. 1499. 142 1500. 142 1501. 143 1511. 143 1512. 143 1513. 144 1514. 144 1515. 144 1516. 144 1517. 144 1518. 145 1531. 145 1532. 145 1533. 145 1534. 146 1535. 146 1536. 146 1537. 147 1538. 147 Sec. 1571. 147 1572. 148 1573. 148 1574. 148 1575. 148 1576. 148 1577. 148 1578. 148 1579. 149 1580. 149 1581. 149 1582. 149 1583. 150 1584. 150 1585. 150 1586. 150 1587. 151 1588. 151 1589. 151 1590. 151 1591. 151 1592. 151 1593. 151 1594. 152 1595. 152 1596. 152 1597. 152 xxiii Sec. 1631. 152 1632. 153 1633. 153 1634. 153 1635. 153 1636. 153 1651. 153 1652. 153 1653. 153 1654. 153 1655. 153 1656. 154 1657. 154 Sec. 1691. 155 1692. 156 1693. 156 1694. 156 1695. 156 1696. 156 1697. 156 1698. 156 1721. 156 1722. 156 1723. 156 1724. 156 1741. 157 1742. 157 1743. 157 1744. 157 1745. 157 1746. 157 1771. 157 1772. 157 1773. 158 1774. 158 1775. 158 1776. 158 1777. 158 xxiv Sec. 1781. 159 1782. 159 1783. 159 1784. 159 1785. 160 1786. 160 1787. 160 1788. 160 1789. 160 1790. 161 1791. 161 1792. 161 1793. 161 1794. 161 1795. 161 1796. 161 1797. 162 1798. 162 1799. 162 1800. 162 1801. 162 1802. 162 1803. 162 1804. 163 1805. 163 1806. 163 1807. 164 1808. 164 1809. 164 1811. 164 1812. 165 1813. 165 1814. 165 1815. 165 1816. 165 1817. 165 1818. 166 1819. 166 1820. 166 1821. 166 1822. 166 1823. 166 1831. 167 1832. 167 1833. 167 1834. 167 1835. 167 1836. 167 1841. 168 1842. 168 1843. 168 1844. 168 xxv Sec. 1871. 168 1872. 168 1891. 169 1892. 169 1893. 169 1894. 169 1895. 169 1896. 169 1897. 169 1898. 169 1899. 170 Sec. 1931. 170 Sec. 1961. 170 1962. 170 1963. 171 1964. 171 1965. 171 1966. 171 1967. 171 1968. 171 1969. 171 1970. 171 1971. 171 1972. 171 1973. 171 1991. 171 1992. 172 1993. 172 1994. 172 1995. 172 2011. 172 2012. 172 2013. 172 2014. 172 2015. 172 2016. 172 2017. 172 2018. 172 2019. 173 Sec. 2051. 173 2052. 173 2053. 173 2054. 173 2055. 173 2056. 173xxvi 2057. 173 2058. 174 2059. 174 2060. 174 2061. 174 2062. 174 2063. 174 2064. 174 2065. 174 Sec. 2101. 175 2102. 175 2103. 175 2121. 175 2122. 176 2123. 176 2161. 176 2152. 176 2163. 176 2164. 177 2156. 177 2166. 177 2157. 177 2168. 177 2159. 177 2160. 177 2161. 177 2162. 177 2163. 177 2164. 177 2166. 178 2191. 178 2192. 178 2193. 178 2194. 178 2195. 178 2196. 178 2197. 178 2198. 178 Sec. 2231. 179 2232. 179 2233. 179 2234. 179 2235. 179 2236. 179 2251. 180 2252. 180 2253. 180 2254. 180 xxvii Sec. 2271. 180 2272. 180 2273. 180 2274. 180 2275. 180 Sec. 2311. 181 Sec. 2341. 181 2342. 181 2343. 181 2344. 181 2345. 181 Sec. 2371. 182 2391. 182 2392. 182 2393. 182 2394. 182 2395. 182 Sec. 2421. 183 2441. 183 2442. 183 2443. 183 2444. 183 2445. 183 2446. 183 2471. 183 2491. 183 2492. 184 2493. 184 2494. 184 2495. 184 2496. 184 2497. 184 2498. 184 2499. 184 Sec. 2531. 184 xxviii Sec. 2561. 185 2562. 185 2563. 185 2564. 185 2565. 185 2566. 185 2567. 185 2591. 186 2592. 186 2593. 186 2594. 186 2621. 186 2622. 186 2623. 186 2624. 186 2625. 186 2626. 187 2627. 187 Sec. 2661. 188 2662. 188 2663. 188 2664. 188 2665. 188 2666. 188 2691. 188 2692. 188 2693. 188 2694. 188 2695. 189 2696. 189 2697. 189 2698. 189 2699. 189 2700. 189 2701. 189 2702. 189 2703. 189 2704. 189 2705. 189 2706. 189 2707. 190 2708. 190 2709. 190 2710. 190 2711. 190 2712. 190 xxix Sec. 2731. 190 2732. 190 2733. 190 2734. 190 2735. 190 2736. 191 2737. 191 2738. 191 2739. 191 2740. 191 2761. 191 2762. 191 2763. 191 2764. 191 2781. 192 2782. 192 2783. 192 2801. 192 2802. 192 Sec. 2841. 192 2842. 192 2843. 192 Sec. 2871. 193 2872. 193 2873. 193 2891. 193 2892. 193 2893. 193 2894. 193 2895. 194 2896. 194 2921. 194 2922. 194 2923. 194 2924. 194 2941. 194 2942. 194 xxx Sec. 2971. 195 2991. 195 2992. 195 2993. 195 2994. 196 3011. 196 3012. 196 3013. 196 3031. 196 3032. 196 3033. 196 3034. 196 3051. 196 3052. 196 3053. 197 3054. 197 3055. 197 3056. 197 3081. 197 3082. 197 3083. 198 Sec. 3121. 198 3122. 198 3123. 198 3124. 199 3125. 199 3126. 199 3127. 199 3151. 199 3152. 199 3153. 199 3154. 199 3155. 200 3156. 200 3157. 200 3181. 200 3182. 200 3183. 200 3184. 200 xxxi Sec. 3201. 201 3202. 201 3203. 201 3204. 201 Sec. 3241. 203 3242. 203 3243. 203 3244. 203 3261. 203 3262. 204 3263. 204 3281. 204 3282. 204 3283. 204 3284. 204 3285. 204 3301. 204 3302. 204 3303. 204 3304. 204 3305. 205 3306. 205 3307. 205 3308. 205 3309. 205 3310. 205 3311. 205 3312. 205 3313. 205 3331. 205 3332. 205 3333. 205 3334. 206 3335. 206 3336. 206 3337. 206 3338. 206 3339. 206 3340. 206 3351. 206 3352. 206 3353. 206 3354. 207 3355. 207xxxii 3356. 207 3357. 207 3358. 207 3359. 207 3360. 207 3361. 207 3371. 207 3391. 207 3392. 207 3393. 208 3394. 208 3395. 208 3396. 208 3397. 208 3411. 208 3412. 208 3413. 208 3414. 208 3421. 208 3422. 208 3423. 208 3424. 209 3425. 209 3426. 209 3427. 209 3428. 209 3429. 209 3430. 209 3451. 209 3462. 209 3453. 209 3454. 210 3455. 210 3456. 210 3457. 210 3481. 210 3491. 210 3492. 210 3493. 210 3494. 210 xxxiii Sec. 3501. 211 3502. 211 3503. 211 3504. 211 3505. 211 3506. 211 3521. 211 3522. 211 3531. 211 3532. 212 3533. 212 3534. 212 3551. 212 3552. 212 Sec. 3571. 213 3572. 213 3573. 213 3574. 213 3575. 213 3576. 213 3577. 213 3578. 214 3579. 214 Sec. 3611. 214 3612. 214 3613. 214 3614. 214 3615. 214 3616. 215 3617. 215 Sec. 3651. 215 3652. 215 3653. 216 3654. 216 3655. 216 3656. 216 3657. 216 3658. 216 3659. 216 3660. 217 Sec. 3691. 217 xxxiv Sec. 3711. 217 3712. 217 3713. 217 3714. 218 3715. 218 3731. 218 3732. 218 3733. 218 3734. 218 3751. 219 3752. 219 3753. 219 3754. 219 3755. 219 3771. 219 3772. 219 3791. 219 3792. 219 3793. 220 3794. 220 3795. 220 3796. 220 3797. 220 Sec. 3831. 221 3832. 221 3851. 221 3852. 221 3853. 221 3854. 221 3855. 221 3871. 221 3872. 221 3873. 221 3874. 222 3875. 222 3876. 222 3877. 222 3901. 222 xxxv Sec. 3921. 222 3922. 222 3923. 222 3924. 222 3925. 222 3926. 222 3927. 223 3928. 223 3929. 223 Sec. 3961. 223 3962. 224 3963. 224 3964. 224 3965. 224 3966. 224 3991. 224 3992. 224 3993. 224 3994. 224 4011. 224 4012. 224 4013. 224 4014. 224 4015. 225 4031. 225 4032. 225 4051. 225 4052. 225 4053. 225 4071. 226 4072. 226 4073. 226 4074. 226 4075. 226 Sec. 4111. 227 4112. 227 4113. 227 4114. 227 4115. 227 4116. 227 4117. 227 4118. 227xxxvi 4119. 227 4120. 227 4121. 228 4122. 228 4123. 228 4124. 228 4125. 228 4126. 228 4127. 228 4128. 228 4129. 228 4130. 229 4151. 229 4152. 229 4153. 229 4154. 229 4155. 229 4156. 230 4157. 230 4168. 230 4159. 230 4160. 230 4161. 230 4162. 230 4163. 230 Sec. 4201. 231 4202. 231 4203. 231 4204. 231 4205. 231 4206. 231 4207. 232 4208. 232 4209. 232 4210. 232 4211. 232 4212. 232 4213. 232 4214. 232 4215. 232 4216. 232 4217. 232 4218. 232 4219. 233 4220. 233 4221. 233 4222. 233 4223. 233 4224. 233 4225. 233 4226. 233 Sec. 4261. 233 233 234 234 234 234 234xxxvii 4262. 234 4263. 234 4264. 235 4265. 235 4266. 235 Sec. 4301. 238 4302. 239 4303. 239 4304. 239 4305. 239 4306. 239 4307. 240 4308. 240 4309. 240 4310. 240 4311. 240 4312. 240 4313. 241 4314. 241 4315. 241 4316. 241 4317. 241 4318. 242 4319. 242 4320. 242 4321. 242 4322. 242 4323. 242 4331. 242 4332. 243 4333. 243 4334. 243 4335. 243 4336. 243 4341. 243 4342. 243 4343. 243 4344. 243 4345. 243 4346. 244 4347. 244 4348. 244 4349. 244 4350. 244 4351. 244 4352. 244 4353. 244 4354. 244 4355. 245 4356. 245 4357. 245 4358. 245 4359. 245 4360. 245 4361. 245 xxxviii Sec. 4371. 245 4372. 245 4373. 245 4374. 246 4375. 246 4376. 246 4377. 246 4378. 246 4379. 246 4381. 246 4382. 246 4383. 246 4384. 247 4385. 247 4386. 247 4387. 247 4388. 247 4389. 247 4390. 247 4401. 248 4402. 248 4403. 248 4404. 248 4405. 248 4406. 248 4407. 248 4408. 249 4409. 249 4410. 249 4411. 249 4412. 249 4413. 249 4414. 249 4415. 249 4416. 249 4417. 250 4418. 250 4419. 250 4421. 250 4422. 250 4423. 250 4424. 250 4425. 250 4426. 250 4427. 250 4428. 250 4429. 251 4430. 251 4431. 251 4432. 251 4433. 251 4434. 251 4435. 251 4436. 251 4437. 251 4438. 251 4439. 252 4440. 252 4441. 252xxxix 4442. 252 4443. 252 4444. 252 4445. 252 4446. 252 4447. 252 4448. 253 4449. 253 4450. 253 4461. 253 4462. 253 4463. 253 4464. 254 4465. 254 4466. 254 4467. 254 4471. 254 4472. 254 4473. 254 4474. 254 4475. 255 4476. 255 4481. 255 4482. 255 4483. 255 4484. 255 4485. 255 4486. 255 4487. 255 4488. 255 4489. 256 4490. 256 4491. 256 4501. 256 4502. 256 4503. 256 4504. 257 4505. 257 4506. 257 4507. 257 4508. 257 4509. 257 4511. 257 4512. 257 4513. 258 4514. 258 4515. 258 4516. 258 4517. 258 4518. 258 4519. 258 xl Sec. 4521. 258 4522. 259 4523. 259 4524. 259 4525. 259 4526. 259 4527. 259 4528. 259 4529. 259 4530. 259 4541. 259 4542. 259 4543. 260 4544. 260 4545. 260 4546. 260 4547. 260 4551. 260 4552. 260 4553. 260 4554. 260 4555. 260 4556. 260 4561. 261 4562. 261 4563. 261 4564. 261 4565. 261 4566. 261 4571. 261 4572. 261 4573. 262 4574. 262 4575. 262 4576. 262 Sec. 4611. 262 4612. 262 Sec. 4641. 263 4642. 263 4643. 263 4651. 263 4662. 263 4653. 264 4664. 264 xli Sec. 4661. 264 4681. 264 4682. 264 4683. 264 4684. 264 4685. 264 4686. 264 4687. 265 4688. 265 4701. 265 4702. 265 4703. 265 4704. 265 4705. 265 4706. 265 4707. 266 4708. 266 4721. 266 4722. 266 4723. 266 4724. 266 4725. 266 4726. 266 Sec. 4761. 267 4762. 267 4763. 267 4764. 268 4781. 268 4791. 268 4792. 268 4793. 268 4794. 268 4795. 268 4796. 268 4797. 269 4811. 269 4812. 269 4813. 269 4814. 269 xlii Sec. 4821. 269 4822. 269 4823. 269 4831. 270 4832. 270 4833. 270 4834. 270 4851. 270 Sec. 4891. 270 4892. 270 4893. 271 4894. 271 4895. 271 Sec. 4931. 271 4932. 271 4933. 272 4934. 272 4935. 272 4951. 272 4952. 272 4953. 273 4971. 273 4972. 273 4973. 273 4974. 274 4975. 274 4976. 274 4977. 274 4978. 274 4979. 274 4980. 275 4981. 275 4982. 275 4983. 275 4984. 275 4985. 276 4986. 276 4987. 276 4988. 276 4989. 277 4990. 277 4991. 277 4992. 278 4993. 278 xliii Sec. 5031. 278 5032. 278 5033. 279 5034. 279 5035. 279 5061. 279 5062. 279 5063. 279 5064. 279 5065. 279 5091. 279 Part 1. 280 2. 346 3. 371 Chapter 1. 280 3. 281 5. 285 7. 287 9. 290 11. 291 13. 308 15. 311 17. 330 Sec. 1. 280 2. 280 3. 280 4. 281 5. 281 6. 281 7. 281 8. 281 9. 281 Sec. 41. 281 42. 281 43. 282 44. 283 45. 283 71. 283 72. 283 73. 283 74. 284xliv 75. 284 76. 284 77. 284 78. 284 79. 284 80. 284 81. 284 Sec. 121. 285 122. 285 123. 285 124. 285 125. 285 126. 285 127. 286 128. 286 129. 286 130. 286 Sec. 161. 287 162. 287 163. 287 164. 288 165. 288 166. 288 167. 288 168. 289 169. 289 170. 289 Sec. 201. 290 202. 290 203. 291 204. 291 Sec. 241. 292 242. 292 243. 293 244. 293 245. 293 246. 293 247. 293 248. 293 249. 293 250. 294 251. 294 252. 294 253. 294 254. 294 255. 294 256. 294 257. 295 258. 295 259. 295xlv 260. 295 261. 295 262. 295 263. 295 264. 295 265. 295 291. 296 292. 296 293. 296 294. 296 295. 296 296. 297 297. 297 298. 297 299. 297 300. 297 301. 297 302. 297 303. 297 304. 298 321. 298 322. 298 341. 299 342. 299 343. 299 344. 300 345. 300 346. 300 347. 301 348. 301 349. 302 350. 302 351. 302 352. 302 353. 302 354. 303 355. 303 356. 303 357. 303 358. 303 359. 303 360. 303 361. 304 362. 304 363. 304 364. 304 381. 305 382. 305 383. 305 384. 306 385. 306 386. 306 387. 306 xlvi Sec. 411. 306 412. 306 413. 306 414. 307 415. 307 416. 307 417. 307 418. 307 Sec. 451. 308 452. 308 453. 308 454. 309 471. 309 472. 309 473. 309 474. 310 475. 310 476. 310 477. 310 478. 310 479. 310 480. 311 481. 311 482. 311 Sec. 511. 312 512. 312 513. 312 514. 312 515. 313 516. 313 541. 313 542. 314 543. 314 544. 314 545. 315 546. 315 547. 315 548. 315 549. 316 550. 318 551. 318 552. 319 553. 319 554. 319 555. 319 556. 320 557. 320 558. 320 559. 320xlvii 560. 321 561. 321 562. 321 563. 322 564. 322 565. 322 566. 323 567. 324 568. 325 569. 326 601. 326 602. 326 603. 327 604. 327 605. 327 606. 327 607. 327 608. 327 631. 328 632. 328 633. 328 634. 328 635. 328 636. 328 661. 328 662. 328 663. 329 664. 329 665. 329 666. 329 667. 329 668. 329 669. 329 670. 329 671. 329 672. 329 Sec. 711. 331 712. 332 713. 332 714. 332 715. 332 716. 332 717. 332 718. 333 719. 333 720. 333 721. 333 722. 333 xlviii Sec. 741. 333 742. 333 743. 333 744. 333 746. 334 746. 334 747. 334 771. 334 772. 334 773. 334 774. 334 775. 335 776. 335 777. 335 778. 335 779. 336 780. 336 781. 336 782. 336 801. 336 802. 337 803. 337 804. 337 805. 337 821. 337 831. 337 832. 337 833. 338 834. 338 861. 338 862. 339 863. 339 864. 339 865. 339 866. 340 867. 340 868. 340 891. 340 892. 340 893. 341 894. 341 895. 341 896. 341 897. 341 898. 341 899. 342 900. 342 901. 342 902. 342 xlix Sec. 921. 342 922. 342 923. 342 924. 343 925. 343 926. 343 927. 343 951. 343 952. 343 953. 343 954. 343 955. 344 956. 345 957. 345 958. 345 959. 345 960. 345 Chapter 51. 346 53. 346 55. 348 57. 353 59. 360 61. 368 Sec. 1501. 346 Sec. 1531. 346 1532. 346 1533. 347 1534. 347 1535. 347 1536. 347 1537. 347 1538. 347 1539. 348 Sec. 1. 1 1571. 348 1572. 348 1573. 348 1574. 349 1575. 349 1576. 349 1577. 349 1578. 349 1579. 349 1580. 349 1681. 350 1582. 350 1583. 350 1584. 350 1585. 350l 1586. 350 1587. 350 1588. 351 1589. 351 1590. 351 1591. 351 1592. 351 1593. 352 1594. 352 1595. 352 1596. 352 1597. 352 1598. 352 Sec. 1631. 353 1632. 353 1633. 354 1634. 354 1635. 355 1636. 355 1637. 355 1638. 357 1639. 357 1640. 357 1641. 357 1642. 357 1643. 357 1644. 358 1645. 358 1646. 358 1647. 358 1648. 358 1649. 359 1650. 359 1651. 359 1652. 360 1653. 360 1654. 360 1655. 360 1656. 360 Sec. 1691. 361 1692. 361 1693. 361 1694. 361 1695. 361 1696. 362 1697. 362 1698. 362 1699. 362 1700. 362 1701. 362 1702. 362 1703. 362 1704. 362 li Sec. 1731. 363 1732. 363 1733. 363 1734. 363 1761. 364 1762. 364 1801. 364 1802. 364 1803. 364 1804. 365 1805. 366 1806. 366 1807. 366 1808. 366 1809. 366 1810. 366 1811. 366 1812. 367 1813. 367 1814. 367 1815. 367 1816. 368 1817. 368 1818. 368 1819. 368 Sec. 1851. 368 1852. 369 1871. 369 1872. 369 1873. 369 1874. 369 1875. 369 1876. 369 1877. 369 1878. 369 1879. 369 1880. 369 1901. 370 1902. 370 1921. 370 1922. 370 1923. 370 1924. 370 lii Chapter 101. 371 103. 372 105. 374 107. 376 109. 378 111. 398 Sec. 2601. 371 2502. 371 2503. 371 2504. 371 2505. 371 Sec. 2551. 372 2552. 372 2553. 372 2554. 372 2555. 372 2556. 372 2557. 372 2558. 373 2559. 373 2560. 373 2561. 373 2562. 373 Sec. 2591. 374 2592. 374 2611. 374 2612. 374 2613. 375 2614. 375 2641. 375 2642. 376 2643. 376 2644. 376 Sec. 2681. 376 2682. 377 2683. 377 2684. 377 liii Sec. 2731. 379 2732. 380 2733. 380 2734. 380 2735. 380 2736. 380 2737. 380 2738. 380 2761. 381 2762. 381 2763. 381 2764. 382 2791. 382 2792. 382 2793. 382 2794. 382 2821. 382 2822. 383 2823. 383 2824. 383 2825. 383 2826. 383 2851. 383 2852. 384 2853. 384 2854. 384 2855. 385 2856. 386 2857. 387 2858. 387 2859. 387 2860. 387 2861. 387 2862. 388 2863. 388 2864. 388 2865. 388 2866. 388 2867. 389 2891. 389 2892. 389 2893. 389liv 2894. 389 2895. 389 2896. 389 2897. 389 2898. 389 2899. 390 2900. 390 2901. 390 2902. 390 2903. 390 2904. 390 2905. 390 2931. 390 2932. 391 2933. 391 2934. 391 2935. 391 2936. 391 2961. 392 2962. 392 2963. 396 2964. 396 2965. 396 2991. 397 2992. 397 2993. 397 2994. 397 2995. 398 2996. 398 Sec. 3051. 399 3052. 399 3053. 400 3054. 400 3055. 400 3056. 400 3057. 400 3058. 401 3059. 401 3060. 401 3061. 401 3062. 401 3063. 401 3064. 401 3065. 401 3066. 401lv 3067. 402 3068. 402 3069. 402 3070. 402 3071. 403 3101. 403 3102. 403 3103. 403 3104. 403 3121. 403 3122. 403 3123. 403 3124. 404 3125. 404 3126. 404 3127. 404 3128. 404 3129. 404 3130. 404 3131. 404 3132. 405 3133. 405 3161. 405 3162. 405 3163. 405 3164. 406 3165. 406 3166. 406 3191. 406 3192. 406 3193. 406 3194. 406 3195. 406 3196. 407 3197. 407 3198. 407 3199. 407 3200. 407 3221. 407 3222. 408 3251. 409 3252. 409 3253. 409 3254. 410 3255. 410 3256. 410 3257. 410 3258. 410 lvi Part 1. 411 2. 497 3. 555 Chapter 1. 1 1. 412 3. 418 5. 419 7. 419 9. 422 11. 423 13. 423 15. 424 17. 425 19. 426 21. 426 23. 428 25. 429 27. 430 29. 430 31. 430 33. 431 35. 432 37. 432 39. 432 41. 435 43. 436 45. 437 47. 438 49. 439 51. 439 53. 440 55. 444 57. 447 59. 448 61. 453 63. 455 65. 455 67. 455 69. 456 71. 458 73. 463 75. 465 77. 466 79. 469 81. 473 83. 473 85. 473 87. 476 89. 476 91. 477 93. 479 95. 481 97. 481 99. 482 101. 482 103. 483lvii 105. 486 107. 488 109. 489 111. 489 113. 490 115. 491 117. 491 119. 492 121. 493 123. 493 125. 493 127. 493 129. 495 131. 496 Sec. 1. 413 2. 413 21. 413 22. 413 23. 414 41. 414 42. 414 43. 414 44. 414 45. 415 46. 415 47. 415 71. 415 72. 415 73. 416 91. 416 92. 416 93. 416 94. 416 95. 416 96. 417 111. 417 112. 417 113. 417 114. 417 lviii Sec. 131. 418 132. 418 133. 418 134. 418 135. 418 136. 418 137. 418 Sec. 171. 418 172. 419 173. 419 174. 419 Sec. 201. 419 202. 419 Sec. 231. 420 232. 420 233. 420 234. 420 235. 420 236. 420 237. 421 238. 421 239. 421 240. 421 241. 421 Sec. 271. 422 272. 422 273. 422 274. 422 275. 422 276. 422 Sec. 301. 423 302. 423 303. 423 Sec. 331. 423 332. 424 333. 424 334. 424 335. 424 336. 424 337. 424 338. 424 339. 424 Sec. 371. 424 372. 425 373. 425 lix Sec. 401. 425 402. 425 403. 426 Sec. 431. 426 432. 426 433. 426 Sec. 461. 426 462. 427 463. 427 464. 427 465. 427 466. 427 467. 427 468. 428 469. 428 Sec. 601. 428 502. 428 503. 428 504. 428 505. 429 506. 429 507. 429 Sec. 541. 429 542. 429 543. 430 Sec. 571. 430 Sec. 601. 430 Sec. 631. 430 632. 431 Sec. 661. 431 662. 431 663. 432 Sec. 691. 432 Sec. 721. 432 lx Sec. 751. 433 752. 433 753. 433 754. 433 755. 433 756. 433 757. 434 758. 434 759. 434 760. 434 761. 434 762. 434 Sec. 791. 435 792. 435 793. 435 794. 435 795. 435 Sec. 821. 436 822. 436 823. 436 824. 436 825. 436 826. 436 Sec. 851. 437 852. 437 853. 437 854. 437 855. 437 856. 437 Sec. 881. 438 882. 438 883. 438 884. 438 885. 438 886. 439 887. 439 888. 439 889. 439 Sec. 921. 439 Sec. 951. 439 952. 439 953. 440lxi 954. 440 955. 440 956. 440 Sec. 981. 441 982. 441 983. 441 984. 442 985. 442 986. 442 987. 442 988. 443 989. 443 990. 443 991. 443 992. 443 Sec. 1021. 444 1022. 444 1023. 444 1024. 445 1025. 445 1026. 445 1027. 445 1028. 446 1029. 446 1030. 446 1031. 446 1032. 446 1033. 446 1034. 446 1035. 447 1036. 447 1037. 447 1038. 447 1039. 447 Sec. 1071. 447 1072. 447 1073. 448 Sec. 1101. 448 1102. 448 1103. 449 1104. 449 1105. 449 1106. 449 1107. 449lxii 1108. 449 1109. 450 1110. 450 1111. 450 1112. 450 1113. 450 1114. 450 1115. 451 1116. 451 1131. 451 1132. 451 1133. 452 1134. 452 1151. 452 1152. 452 1153. 452 1154. 452 1155. 453 Sec. 1181. 453 1182. 453 1183. 453 1184. 453 1185. 453 1186. 453 1187. 454 1188. 454 1189. 454 1190. 454 1191. 454 1192. 455 1193. 455 Sec. 1221. 455 Sec. 1251. 455 Sec. 1281. 455 1282. 456 1283. 456 Sec. 1311. 456 1312. 457lxiii 1313. 457 1314. 458 Sec. 1341. 458 1342. 458 1343. 458 1344. 459 1345. 459 1346. 459 1347. 459 1348. 459 1349. 459 1350. 460 1351. 460 1352. 460 1353. 460 1354. 460 1355. 460 1356. 461 1357. 461 1358. 461 1381. 461 1382. 461 1383. 461 1384. 461 1385. 462 1386. 462 1387. 462 1388. 462 1389. 462 1390. 462 1391. 462 1392. 462 1393. 463 Sec. 1421. 463 1422. 463 1423. 464 1424. 464 1425. 464 1426. 464 1427. 464 1428. 465 Sec. 1461. 465 1462. 465 1463. 465 1464. 465 1465. 465 1466. 465 1467. 466 1468. 466 1469. 466 1470. 466 lxiv Sec. 1501. 467 1502. 467 1503. 467 1504. 467 1505. 467 1506. 468 1507. 468 1531. 468 1532. 468 1533. 468 Sec. 1561. 469 1562. 469 1563. 470 1564. 470 1565. 470 1566. 470 1591. 470 1592. 470 1593. 471 1594. 471 1595. 471 1596. 471 1597. 471 1598. 472 1599. 472 1600. 472 1601. 472 1602. 472 Sec. 1631. 473 1632. 473 Sec. 1661. 473 Sec. 1691. 474 1692. 474 1693. 474 1694. 474 lxv Sec. 1711. 474 1712. 475 1713. 475 1714. 475 1715. 475 1716. 476 Sec. 1751. 476 1752. 476 Sec. 1781. 476 Sec. 1811. 477 1812. 477 1813. 477 1814. 478 1815. 478 1816. 478 1817. 478 1818. 478 1819. 478 1820. 478 1821. 479 1822. 479 1823. 479 1824. 479 1825. 479 Sec. 1861. 480 1862. 480 1863. 480 1864. 480 1865. 480 1866. 480 1867. 480 1868. 480 1869. 480 1870. 481 1871. 481 Sec. 2001. 481 Sec. 2031. 481 2032. 481 lxvi Sec. 2061. 482 2062. 482 Sec. 2091. 482 2092. 482 2093. 483 2094. 483 Sec. 2121. 483 2122. 483 2123. 484 2124. 484 2125. 484 2126. 484 2127. 484 2128. 484 2151. 485 2152. 485 2153. 485 2154. 486 Sec. 2181. 486 2182. 487 2183. 487 2184. 487 2185. 487 2186. 487 2187. 487 2188. 488 2189. 488 Sec. 2221. 488 2222. 488 2223. 488 2224. 488 Sec. 2251. 489 2252. 489 2253. 489 lxvii Sec. 2281. 490 2282. 490 2283. 490 2284. 490 2285. 490 Sec. 2321. 491 2322. 491 2323. 491 2324. 491 2325. 491 Sec. 2361. 491 2362. 491 Sec. 2391. 491 2392. 492 Sec. 2421. 492 2422. 492 2423. 492 2424. 492 Sec. 2451. 493 2452. 493 2453. 493 Sec. 2481. 493 Sec. 2511. 493 Sec. 2541. 493 Sec. 2571. 495 2572. 495 2573. 495 2574. 496 2575. 496 Sec. 2601. 496 2602. 496 lxviii Chapter 201. 497 203. 501 205. 502 207. 503 209. 505 211. 508 213. 514 215. 516 217. 519 219. 527 221. 533 223. 534 225. 539 227. 540 229. 541 231. 542 233. 544 235. 545 237. 546 Sec. 3501. 497 3502. 498 3503. 498 3504. 498 3505. 498 3506. 498 3507. 498 3508. 499 3509. 499 3510. 499 3511. 499 3541. 499 3542. 499 3543. 499 3544. 499 3545. 499 3546. 500 3547. 500 3571. 500 3572. 500 3573. 500 3574. 501 Sec. 3611. 501 3612. 501 3613. 501 3614. 501lxix 3615. 501 3616. 501 3617. 502 3618. 602 3619. 502 3620. 502 3621. 502 3622. 502 3623. 502 Sec. 3661. 502 3662. 502 3663. 502 3664. 502 Sec. 3701. 503 3702. 503 3731. 503 3732. 503 3733. 504 3734. 504 3735. 504 3736. 504 3737. 504 3738. 504 3739. 504 3740. 504 3741. 505 3742. 505 3743. 505 3744. 505 Sec. 3781. 505 3782. 506 3783. 506 3801. 506 3802. 507 3803. 507 3804. 507 3805. 507 3806. 508 lxx Sec. 3841. 508 3842. 509 3843. 509 3844. 509 3845. 509 3846. 510 3847. 510 3848. 510 3849. 510 3850. 510 3881. 510 3882. 510 3883. 510 3884. 511 3885. 511 3886. 511 3887. 511 3888. 511 3889. 511 3890. 511 3891. 512 3892. 512 3921. 512 3922. 512 3923. 512 3924. 512 3925. 512 3926. 512 3927. 513 3961. 513 3962. 513 3963. 514 Sec. 4011. 514 4012. 514 4013. 514 4014. 515 4051. 515 4052. 515 4053. 515 lxxi Sec. 4091. 516 4092. 516 4093. 516 4094. 516 4095. 516 4096. 516 4097. 516 4098. 517 4099. 517 4100. 517 4101. 517 4102. 517 4103. 517 4104. 517 4105. 517 4106. 517 4107. 517 4108. 518 4109. 518 4110. 518 4111. 518 4112. 519 4113. 519 4114. 519 4115. 519 4116. 519 4117. 519 Sec. 4151. 620 4152. 520 4153. 520 4154. 521 4155. 521 4156. 521 4157. 521 4158. 521 4159. 521 4160. 521 4161. 522 4191. 522 4192. 522 4193. 522 4194. 522 4231. 522 4232. 522 4233. 523 4234. 523 4235. 523 4236. 523 4237. 523 4238. 523 lxxii Sec. 4271. 524 4291. 524 4292. 524 4293. 524 4294. 525 4295. 525 4296. 525 4297. 525 4298. 526 4299. 525 4300. 525 4301. 525 4331. 526 4332. 526 4333. 527 4334. 527 4335. 527 4336. 527 Sec. 4371. 528 4372. 528 4373. 528 4374. 528 4376. 529 4376. 529 4377. 529 4411. 529 4412. 530 4413. 530 4414. 530 4416. 530 4416. 530 4417. 530 4418. 530 4451. 531 4452. 531 4453. 531 4454. 531 4455. 531 4456. 531 4457. 532 4458. 532 4459. 532 4460. 532 4461. 533 4462. 533 4463. 533 lxxiii Sec. 4491. 533 4492. 533 4511. 534 4512. 534 Sec. 4551. 535 4552. 535 4553. 535 4554. 535 4555. 535 4556. 535 4557. 536 4558. 536 4559. 536 4591. 536 4592. 536 4593. 536 4594. 536 4595. 537 4596. 537 4631. 537 4632. 537 4633. 537 4634. 537 4635. 538 4671. 538 4672. 538 4673. 538 4701. 538 4702. 539 4703. 539 4704. 539 Sec. 4741. 539 4742. 540 4743. 540 Sec. 4781. 540 4782. 540 4783. 540 4784. 540 lxxiv Sec. 4821. 541 4822. 541 4823. 541 4824. 541 Sec. 4861. 542 4862. 542 4863. 542 4864. 543 4865. 543 4866. 543 4867. 543 4868. 544 Sec. 4901. 544 4902. 544 4903. 544 4904. 545 4905. 545 4906. 545 4907. 545 Sec. 4941. 545 4942. 545 4943. 546 4944. 546 Sec. 4981. 547 4982. 547 4983. 547 4984. 547 4985. 547 201. 21 5021. 548 5022. 548 5023. 548 5024. 548 5025. 548 5026. 549 5027. 549 5028. 549 5029. 549 5030. 549 5031. 549 5032. 550 5033. 550 5034. 550 5035. 551 5036. 551lxxv 5037. 551 5038. 551 5039. 551 5040. 551 5041. 551 5042. 551 5043. 552 5044. 552 5045. 552 5046. 553 5047. 553 5048. 553 5049. 553 5050. 553 5081. 554 5082. 554 5083. 554 5084. 554 5085. 554 5086. 554 5087. 554 5088. 554 5089. 555 5090. 555 5091. 555 5092. 555 Chapter 351. 555 353. 556 355. 557 357. 557 Sec. 6501. 555 6502. 556 6503. 556 6504. 556 6505. 556 6506. 556 6507. 556 Sec. 6541. 556 6542. 557 6543. 557 6544. 557 6545. 557 Sec. 6581. 557 Sec. 6621. 558 6622. 558 6623. 558 6624. 558 6625. 558 lxxvi Part 1. 559 2. 568 3. 576 4. 640 5. 646 6. 663 Chapter 1. 559 3. 560 5. 562 7. 563 9. 564 11. 565 13. 566 15. 567 Sec. 1. 559 2. 559 3. 559 4. 559 5. 560 6. 560 Sec. 41. 560 42. 560 43. 561 44. 561 45. 561 46. 561 47. 561 48. 561 Sec. 81. 562 82. 562 83. 562 84. 562 85. 562 86. 563 87. 563 88. 563 89. 563 90. 563 Sec. 121. 563 122. 564 123. 564 lxxvii Sec. 151. 564 152. 564 153. 564 154. 565 155. 565 156. 565 157. 565 158. 565 Sec. 191. 566 192. 566 193. 566 194. 566 195. 566 196. 566 197. 566 Sec. 231. 566 232. 566 233. 567 234. 567 Sec. 261. 567 262. 567 263. 567 264. 567 Chapter 31. 568 33. 572 35. 574 Sec. 501. 568 521. 568 522. 568 541. 569 542. 569 543. 569 544. 569 545. 569 546. 570 547. 570lxxviii 548. 570 549. 570 550. 570 551. 570 571. 571 572. 571 573. 571 574. 571 575. 571 576. 571 577. 572 578. 572 579. 572 Sec. 611. 572 612. 572 613. 573 614. 573 615. 573 616. 573 617. 573 618. 574 619. 574 Sec. 651. 575 652. 575 653. 575 654. 575 655. 575 656. 575 657. 575 658. 575 659. 576 Chapter 51. 576 53. 577 55. 581 57. 584 59. 594 61. 597 63. 600 65. 603 67. 606 69. 607 71. 613 73. 615 75. 618 77. 624 79. 630 81. 633 83. 635 85. 637 lxxix Sec. 901. 576 902. 576 903. 577 904. 577 Sec. 931. 577 932. 577 933. 578 934. 578 935. 578 936. 578 937. 578 938. 579 939. 579 940. 579 941. 579 942. 580 943. 580 961. 580 962. 580 963. 580 964. 580 981. 580 982. 580 983. 581 Sec. 1011. 581 1031. 581 1032. 582 1033. 582 1034. 582 1035. 582 1036. 582 1037. 583 1061. 583 1062. 583 1063. 583 1064. 583 1065. 583 1066. 583 1067. 583 lxxx Sec. 1101. 585 1102. 585 1103. 585 1104. 585 1105. 585 1106. 585 1107. 586 1108. 586 1109. 586 1110. 586 1111. 586 1131. 586 1132. 586 1133. 587 1134. 587 1135. 587 1136. 587 1137. 587 1138. 587 1139. 587 1161. 587 1162. 588 1163. 588 1164. 588 1165. 588 1166. 588 1167. 588 1201. 588 1202. 589 1203. 589 1204. 589 1205. 589 1206. 589 1207. 590 1208. 590 1209. 590 1210. 590 1231. 591 1232. 591 1233. 591 1234. 591 1251. 591 1252. 592 1253. 592 1254. 592 lxxxi Sec. 1271. 592 1272. 592 1273. 592 1291. 593 1292. 593 1293. 593 1294. 593 1295. 594 1296. 594 1297. 594 1321. 594 1322. 594 Sec. 1351. 595 1352. 595 1371. 595 1372. 595 1373. 595 1374. 595 1375. 595 1376. 596 1377. 596 1378. 596 1379. 596 1380. 596 1381. 597 1382. 597 1383. 597 1384. 597 Sec. 1411. 597 1412. 597 1413. 598 1414. 598 1415. 598 1416. 598 1417. 598 1418. 598 1419. 598 1420. 599 1421. 599 1422. 599 1423. 599 1424. 599 1425. 600 lxxxii Sec. 1461. 600 1462. 601 1463. 601 1464. 601 1465. 601 1466. 601 1467. 602 1468. 602 1469. 602 1491. 602 1492. 602 1493. 602 1494. 603 Sec. 1521. 603 1522. 604 1523. 604 1524. 604 1541. 604 1542. 604 1543. 605 1544. 605 1545. 605 1546. 605 Sec. 1581. 606 1582. 606 1583. 606 1584. 606 1585. 606 1586. 607 Sec. 1621. 607 1622. 608 1623. 608 1624. 608lxxxiii 1625. 608 1626. 608 1627. 609 1628. 609 1629. 609 1630. 609 1631. 609 1632. 610 1633. 610 1634. 610 1635. 610 1636. 610 1637. 611 1638. 611 1639. 611 1640. 611 1661. 611 1662. 612 1663. 612 1664. 612 1665. 612 Sec. 1701. 613 1702. 613 1703. 613 1704. 613 1705. 613 1706. 614 1707. 614 1708. 614 1709. 614 1710. 614 Sec. 1741. 615 1742. 615 1743. 615 1744. 616 1745. 616 1746. 616 lxxxiv Sec. 1771. 617 1772. 617 1773. 617 1774. 617 1775. 618 1776. 618 1777. 618 1778. 618 1779. 618 Sec. 1811. 619 1812. 619 1813. 619 1814. 619 1815. 619 1831. 620 1832. 620 1851. 620 1852. 620 1853. 621 1854. 621 1855. 621 1856. 621 1867. 621 1868. 622 1859. 622 1860. 622 1861. 622 1862. 622 1863. 623 1864. 623 1881. 623 1882. 623 1883. 623 1884. 624 1885. 624 1886. 624 1887. 624 Sec. 1921. 625 1922. 625 1923. 625 1924. 626 lxxxv Sec. 1951. 626 1952. 626 1953. 627 1954. 627 1955. 627 1956. 627 1957. 627 1958. 627 1981. 628 1982. 628 1983. 628 1984. 628 1985. 628 2001. 628 2002. 629 2003. 630 2004. 630 2005. 630 Sec. 2041. 630 2042. 631 2043. 631 2044. 631 2045. 632 2046. 632 2071. 632 2072. 632 2073. 632 Sec. 2101. 633 2102. 633 2103. 633 2104. 633 2105. 633 2106. 634 2107. 634 2108. 634 2109. 634 2110. 634 lxxxvi Sec. 2141. 635 2142. 635 2143. 635 2144. 635 2145. 636 2146. 636 2147. 636 2148. 637 2149. 637 2150. 637 2151. 637 2152. 637 2153. 637 Sec. 2181. 638 2182. 638 2183. 638 2184. 638 2185. 639 2211. 639 2212. 639 2231. 639 2232. 639 2233. 639 2234. 639 2235. 640 Chapter 101. 640 103. 642 Sec. 2501. 640 2502. 640 2503. 640 2504. 640 2505. 641 2506. 641 2507. 641 2508. 641 2509. 641 2510. 641 2511. 642 2512. 642 2513. 642 lxxxvii Sec. 2541. 642 2542. 642 2543. 642 2644. 643 2545. 643 2546. 643 2547. 643 2548. 644 2549. 644 2550. 644 2551. 644 2552. 645 2553. 645 2554. 645 2555. 645 Chapter 121. 646 123. 648 125. 649 127. 650 129. 652 131. 653 133. 655 135. 657 137. 659 139. 660 141. 661 143. 661 Sec. 2801. 646 2802. 646 2803. 646 2804. 646 2805. 647 2806. 647 2807. 647 2808. 647 2809. 647 2810. 648 2811. 648 2812. 648 Sec. 2851. 648 2862. 648 2853. 648 2854. 648 lxxxviii Sec. 2881. 649 2882. 649 2883. 649 2884. 649 Sec. 2921. 650 2922. 650 2923. 651 2924. 651 2925. 651 Sec. 2961. 652 2962. 652 2963. 652 2964. 652 2965. 652 2966. 652 2967. 653 Sec. 3001. 653 3002. 653 3003. 653 3004. 654 3005. 654 3006. 654 3007. 654 3008. 654 3009. 655 Sec. 3041. 655 3042. 655 3043. 656 3044. 656 3045. 657 3046. 657 Sec. 3081. 657 3082. 658 3083. 658 3084. 658 3085. 658 3086. 658 3087. 658 3088. 658 lxxxix Sec. 3121. 659 3122. 659 3123. 659 3124. 659 3125. 660 Sec. 3161. 660 3162. 660 3163. 660 3164. 661 Sec. 3201. 661 3202. 661 3203. 661 3204. 661 Sec. 3241. 661 3242. 662 3243. 662 3244. 662 3245. 662 Chapter 161. 663 163. 666 165. 669 Sec. 3501. 663 3502. 663 3503. 663 3504. 663 3505. 663 3506. 664 3507. 664 3508. 664 3509. 664 3510. 664 3531. 664 3532. 664 3533. 664 3534. 665 3535. 665 3536. 665 3537. 665 3538. 665 3539. 665 3540. 665 3541. 665 xc Sec. 3561. 665 3562. 666 3581. 666 3582. 666 3583. 666 Sec. 3611. 667 3612. 667 3613. 667 3614. 667 3615. 667 3651. 667 3652. 667 3653. 667 3654. 667 3655. 668 3656. 668 3681. 668 3682. 668 3683. 668 3701. 668 3702. 668 3703. 668 3721. 668 3722. 669 3723. 669 3724. 669 3725. 669 3751. 669 3752. 669 3753. 669 Sec. 3781. 669 3782. 670 3783. 670 xci Chapter 1. 671 3. 676 5. 678 7. 685 9. 688 11. 690 13. 692 15. 694 17. 697 Sec. 1. 671 2. 671 3. 672 4. 672 5. 673 6. 673 7. 673 8. 673 9. 673 10. 674 11. 674 Sec. 31. 674 32. 674 33. 674 34. 675 35. 675 36. 675 37. 676 38. 676 Sec. 71. 676 72. 677 73. 677 74. 677 75. 677 76. 677 Sec. 111. 678 112. 679 113. 679 114. 679 115. 679xcii 116. 679 117. 679 118. 679 119. 679 120. 679 121. 680 122. 680 161. 680 162. 680 163. 680 154. 680 165. 680 156. 680 157. 680 158. 680 159. 681 160. 681 161. 681 162. 681 163. 681 164. 681 166. 681 166. 681 191. 681 192. 682 193. 682 194. 682 196. 682 196. 682 197. 682 198. 683 199. 683 200. 683 201. 683 202. 683 231. 683 232. 683 233. 684 234. 684 236. 684 236. 684 237. 684 238. 685 239. 685 240. 685 Sec. 271. 685 272. 685 273. 685 274. 686 276. 686 276. 686 277. 686 278. 686 279. 686xciii 280. 686 281. 687 282. 687 283. 687 284. 687 285. 687 286. 687 287. 687 288. 687 289. 687 290. 687 291. 687 292. 688 293. 688 294. 688 295. 688 296. 688 Sec. 331. 689 332. 689 333. 689 334. 689 335. 689 336. 689 337. 689 338. 689 339. 689 340. 689 341. 689 342. 690 343. 690 344. 690 345. 690 346. 690 Sec. 381. 690 382. 690 383. 691 384. 691 385. 691 386. 691 387. 691 Sec. 421. 692 422. 692 423. 692 424. 692 425. 692 426. 692 427. 693 428. 693 429. 693 430. 693 431. 693 xciv Sec. 461. 694 462. 694 463. 694 464. 694 465. 695 466. 695 467. 695 468. 695 491. 696 492. 696 493. 696 494. 696 495. 696 496. 697 497. 697 Sec. 531. 697 532. 697 533. 697 534. 697

CANAL ZONE CODE

Public Law 87–845

87th Congress, H. R. 10931

October 18, 1962

 Public Law 87–845: To revise and codify the general and permanent laws relating to and in force in the Canal Zone and to enact the Canal Zone Code, and for other purposes. Public Law 845 Public Law 87–845 76A Stat. 1 1962-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-12-02 87 2 public
An Act To revise and codify the general and permanent laws relating to and in force in the Canal Zone and to enact the Canal Zone Code, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the eight titles hereinafter set forth constitute the Canal Zone Code, embracing all the permanent laws relating to and applying in the Canal Zone other than the general laws of the United States that relate to or apply in the Canal Zone: CANAL ZONE CODE Title 1. 2. 3. 4. 5. 6. 7. 8. <num value="1">TITLE 1—</num><heading>GENERAL PROVISIONS</heading> <toc> <headingItem> <designator class="smallCaps">Chapter</designator> <label/> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>1.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">The Code</inline></label> <target>1</target></referenceItem> <referenceItem role="chapter"><designator>3.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Personal and Civil Rights</inline></label> <target>81</target></referenceItem> <referenceItem role="chapter"><designator>5.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Rules of Definitions</inline></label> <target>61</target></referenceItem> <referenceItem role="chapter"><designator>7.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Maxims of Jurisprudence</inline></label> <target>81</target></referenceItem> <referenceItem role="chapter"><designator>9.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Holidays</inline></label> <target>111</target></referenceItem> </toc> <chapter> <num value="1">CHAPTER 1—</num><heading>THE CODE</heading> <toc> <headingItem> <designator>Sec.</designator> <label/> </headingItem> <referenceItem role="section"><designator>1.</designator> <label>Scope and citation of Code.</label></referenceItem> <referenceItem role="section"><designator>2.</designator> <label>Territorial application of Code.</label></referenceItem> <referenceItem role="section"><designator>3.</designator> <label>Edition with ancillaries; revisions; supplements.</label></referenceItem> </toc> <section> <num value="1">§ 1. </num> <heading>Scope and citation of Code</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The laws embraced in this Code constitute the “Canal Zone Code”. This Code, and the then current supplement, certified by the Governor, establish the permanent laws relating to or in force in the Canal Zone, other than the general and permanent laws of the United States that relate to or apply in the Canal Zone, on the day preceding the commencement of the session following the last session the legislation of which is included; and they are legal evidence of those laws in all the courts of the United States, the District of Columbia, the Canal Zone, the several States, the territories and possessions of the United States, and the Commonwealth of Puerto Rico.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>This Code may be cited by the abbreviation “C.Z.C.”, preceded by the number of the title and followed by the number of the section, chapter, or part, of the title.</content> </subsection> </section> <section> <num value="2">§ 2. </num> <heading>Territorial application of Code</heading> <content>This Code applies throughout the Canal Zone, and throughout the corridor over which the United States of America exercises jurisdiction pursuant to the provisions of article IX of the General Treaty of Friendship and Cooperation between the United States of America and the Republic of Panama signed March 2, 1936, to the extent that its application to that corridor is consistent with the nature of the rights of the United States therein.</content> </section> <page identifier="/us/stat/76a/1" renderingPosition="bottom">1</page> <page identifier="/us/stat/76a/2">2</page> <section> <num value="3">§ 3. </num> <heading>Edition with ancillaries; revisions; supplements</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The Governor shall cause the Canal Zone Code to be printed and published, with appropriate ancillary materials, and from time to time may cause revisions of the Code to be prepared, printed and published. For this purpose and for the supplements to the Code, the, Governor, in such case, may negotiate, without advertising, a contract with a qualified law book publisher.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The Governor shall cause cumulative supplements to this Code to be prepared, printed and published at least every two years.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The supplements shall contain all amendments to this Code, amendment notes, annotations based upon pertinent court decisions, tables, and index, and such other ancillary materials as the Governor directs.</content> </subsection> </section> </chapter> <chapter> <num value="3">CHAPTER 3—</num><heading>PERSONAL AND CIVIL RIGHTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label/> </headingItem> <referenceItem role="section"><designator>31.</designator> <label>Rights and guarantees.</label></referenceItem> </toc> <section> <num value="31">§ 31. </num> <heading>Rights and guarantees</heading> <chapeau>The principles of government enumerated below, that are essential to the rule of law and the maintenance of order, have applicability and force in the Canal Zone:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Bills of attainder and ex post facto laws are void.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Laws respecting the establishment of religion or prohibiting the free exercise thereof are void.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Laws abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and petition the Government for a redress of grievances are void.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The right of the people to be secure against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <chapeau>A person may not be:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>put twice in jeopardy for the same offense; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>compelled in any criminal case to be a witness against himself; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>deprived of life, liberty, or property without due process of law.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Private property may not be taken for public use, without just compensation.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <chapeau>In criminal prosecutions, the accused has the right to:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>a speedy and public trial;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>be informed of the nature and cause of the accusation;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>except as provided by section 3507 of Title 6, be confronted with the witnesses against him:</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>produce witnesses in his behalf and have compulsory process for obtaining them; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>have the assistance of counsel for his defense.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>Excessive bail may not be required, nor excessive fine imposed, nor cruel or unusual punishments imposed.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>Slavery and involuntary servitude may not exist, except as a punishment for crime.</content> </paragraph> </section> </chapter> <chapter> <num value="5">CHAPTER 5—</num><heading>RULES OF DEFINITIONS</heading> <toc> <headingItem> <designator>Sec.</designator> <label/> </headingItem> <referenceItem role="section"><designator>61.</designator> <label>Words denoting number, gender, etc.; definitions.</label></referenceItem> <referenceItem role="section"><designator>62.</designator> <label>Words and phrases.</label></referenceItem> <referenceItem role="section"><designator>63.</designator> <label>Words giving joint authority.</label></referenceItem> <referenceItem role="section"><designator>64.</designator> <label>Notice</label></referenceItem> <referenceItem role="section"><designator>65.</designator> <label>Execution of signature by mark.</label></referenceItem> <referenceItem role="section"><designator>66.</designator> <label>Construction of Code.</label></referenceItem> </toc> <page identifier="/us/stat/76a/3">3</page> <section> <num value="61">§ 61. </num> <heading>Words denoting number, gender, etc.; definitions</heading> <content> <p class="indent0 firstIndent1 fontsize10">As used in this Code, unless it is otherwise provided or the context requires a different meaning:</p> <p class="indent0 firstIndent1 fontsize10">words importing the singular include the plural, and words importing the plural include the singular;</p> <p class="indent0 firstIndent1 fontsize10">words importing the masculine gender include all genders;</p> <p class="indent0 firstIndent1 fontsize10">words used in the present tense include the future as well as the present;</p> <p class="indent0 firstIndent1 fontsize10">“affinity”, when applied to the marriage relation, means the connection existing in consequence of marriage between each of the married persons and the blood relatives of the other;</p> <p class="indent0 firstIndent1 fontsize10">“agency”, includes the Canal Zone Government, the Panama Canal Company, and any department, independent establishment, commission, administration, authority, board or bureau of the United States or corporation in which the United States has an interest, unless the context shows that the term is intended to be used in a more limited sense;</p> <p class="indent0 firstIndent1 fontsize10">“aircraft” means contrivance used, capable of being used, or designed, for navigation or flight in the air;</p> <p class="indent0 firstIndent1 fontsize10">“Canal Zone”, in a geographical sense, embraces the same land, land under water, and islands that are designated as such by sections 1 and 3 of Title 2, and the corridor referred to in section 2 of this title as far as its inclusion in the term “Canal Zone” is consistent with the General Treaty of Friendship and Cooperation between the United States of America and the Republic of Panama, signed March 2, 1936;</p> <p class="indent0 firstIndent1 fontsize10">“department” means any one of the executive departments enumerated in section 158 of the Revised Statutes of the United States, as amended (5 U.S.C., sec. 1), unless the context shows that the term is intended to describe the executive, legislative, or judicial branch of the government of the United States.</p> <p class="indent0 firstIndent1 fontsize10">“depose” means to make a written statement under oath;</p> <p class="indent0 firstIndent1 fontsize10">“Government of the Canal Zone” embraces the Canal Zone Government, the agency continued under section 31 of Title 2, together with the judicial and law–enforcement offices and officers established or provided for by Title 3.</p> <p class="indent0 firstIndent1 fontsize10">“insane person” includes every idiot, lunatic, and person non compos mentis;</p> <p class="indent0 firstIndent1 fontsize10">“month” means a calendar month;</p> <p class="indent0 firstIndent1 fontsize10">“oath” includes affirmation or declaration;</p> <p class="indent0 firstIndent1 fontsize10">“officer” includes any person authorized by law to perform the duties of the office;</p> <p class="indent0 firstIndent1 fontsize10">“person” and “whoever”, respectively, include a corporation, company, association, joint stock company, firm, partnership, and society, as well as an individual;</p> <p class="indent0 firstIndent1 fontsize10">“personal property” includes money, goods, chattels, things in action, and evidences of debt;</p> <p class="indent0 firstIndent1 fontsize10">“President” means the President of the United States;</p> <p class="indent0 firstIndent1 fontsize10">“process” means a writ or summons issued in the course of judicial proceedings;</p> <p class="indent0 firstIndent1 fontsize10">“property” includes both real and personal property;</p> <p class="indent0 firstIndent1 fontsize10">“real property” includes real estate, lands, tenements, and hereditaments, corporeal or incorporeal;</p> <p class="indent0 firstIndent1 fontsize10">“seal” means a particular sign made to attest, in the most formal manner, the execution of an instrument; and a public seal, when the seal of a court or public officer is required by law to be affixed to any paper, means a stamp or impression of the seal, made with an instrument provided by law, upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression;</p> <page identifier="/us/stat/76a/4">4</page> <p class="indent0 firstIndent1 fontsize10">“signature” or “subscription” includes a mark of a person who can not write, as provided by section 65 of this title;</p> <p class="indent0 firstIndent1 fontsize10">“State”, when applied to different parts of the United States, includes the District of Columbia, the several territories and possessions of the United States, and the Commonwealth of Puerto Rico;</p> <p class="indent0 firstIndent1 fontsize10">“sworn” includes “affirmed” or “declared”;</p> <p class="indent0 firstIndent1 fontsize10">“testify” includes every mode of oral statement under oath;</p> <p class="indent0 firstIndent1 fontsize10">“United States” includes its territories and possessions, the District of Columbia, and the Commonwealth of Puerto Rico;</p> <p class="indent0 firstIndent1 fontsize10">“vehicle” includes every description of carriage, or other artificial contrivance used, or capable of being used, as a means of transportation on land;</p> <p class="indent0 firstIndent1 fontsize10">“vessel”, when used with reference to shipping or navigation, includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water;</p> <p class="indent0 firstIndent1 fontsize10">“writ” means an order or precept in writing, issued in the name of the Government of the Canal Zone, or of a court or judicial officer;</p> <p class="indent0 firstIndent1 fontsize10">“writing” includes printing and typewriting and reproduction of visual symbols by any process; and</p> <p class="indent0 firstIndent1 fontsize10">“year” means a calendar year.</p> </content> </section> <section> <num value="62">§ 62. </num> <heading>Words and phrases</heading> <content>Words and phrases shall be interpreted according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, or are defined by section 61 of this title, shall be interpreted according to the peculiar and appropriate meaning or definition.</content> </section> <section> <num value="63">§ 63. </num> <heading>Words giving joint authority</heading> <content>Words granting a joint authority to three or more persons grant the authority to a majority of them, unless otherwise provided.</content> </section> <section> <num value="64">§ 64. </num> <heading>Notice</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Notice is:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>actual, which consists in express information of a fact; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>constructive which is imputed by law.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A person who has actual notice of circumstances sufficient to put a man upon inquiry as to a particular fact has constructive notice of the fact itself in all cases in which, by prosecuting the inquiry, he might have learned the fact.</content> </subsection> </section> <section> <num value="65">§ 65. </num> <heading>Execution of signature by mark</heading> <content>When a person, who can not write, makes his signature or subscription by a mark, his name must be written near it and the mark witnessed by another person who writes his own name as a witness; but when a signature is by mark and it is desired or required that the signature be acknowledged or serve as the signature to a sworn statement, it must be witnessed by two other persons who must subscribe their own names as witnesses thereto.</content> </section> <section> <num value="66">§ 66. </num> <heading>Construction of Code</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The provisions of this Code, as far as they are substantially he same as statutes existing on January 2, 1963, shall be construed us continuations thereof, and not as new enactments.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The provisions of this Code shall be construed according to the fair construction of their terms, with a view to effect its object and to promote justice.</content> </subsection> </section> </chapter> <page identifier="/us/stat/76a/5">5</page> <chapter> <num value="7">CHAPTER 7—</num><heading>MAXIMS OF JURISPRUDENCE</heading> <toc> <headingItem> <designator>Sec.</designator> <label/> </headingItem> <referenceItem role="section"><designator>81.</designator> <label>Enumeration and application.</label></referenceItem> </toc> <section> <num value="81">§ 81. </num> <heading>Enumeration and application</heading> <chapeau>The following maxims of jurisprudence are intended not to qualify any of the provisions of this Code, but to aid in their just application:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>When the reason of a rule ceases, so should the rule itself.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Where the reason is the same, the rule should be the same.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>One must not change his purpose to the injury of another.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>One may waive the advantage of a law intended solely for his benefit. But a law established for a public reason can not be contravened by a private agreement.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>One must so use his own rights as not to infringe upon the rights of another.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>One who consents to an act is not wronged by it.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>Acquiescence in error takes away the right of objecting to it.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>One can not take advantage of his own wrong.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>One who has fraudulently dispossessed himself of a thing may be treated as if he still had possession.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>One who can and does not forbid that which is done on his behalf is deemed to have bidden it.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>One should not suffer by the act of another.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>One who takes the benefit must bear the burden.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content>One who grants a thing is presumed to grant also whatever is essential to its use.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">(14) </num> <content>For every wrong there is a remedy.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">(15) </num> <content>Between those who are equally in the right or equally in the wrong, the law does not interpose.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="16">(16) </num> <content>Between rights otherwise equal, the earliest is preferred.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="17">(17) </num> <content>No man is responsible for that which no man can control.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="18">(18) </num> <content>The law helps the vigilant before those who sleep on their rights.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="19">(19) </num> <content>The law respects form less than substance.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="20">(20) </num> <content>That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="21">(21) </num> <content>That which does not appear to exist is to be regarded as if it did not exist.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="22">(22) </num> <content>The law never requires impossibilities.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="23">(23) </num> <content>The law neither does nor requires idle acts.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="24">(24) </num> <content>The law disregards trifles.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="25">(25) </num> <content>Particular expressions qualify those which are general.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="26">(26) </num> <content>Contemporaneous exposition is in general the best.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="27">(27) </num> <content>The greater contains the less.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="28">(28) </num> <content>Superfluity does not vitiate.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="29">(29) </num> <content>That is certain which can be made certain.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="30">(30) </num> <content>Time does not confirm a void act.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="31">(31) </num> <content>The incident follows the principal, and not the principal the incident.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="32">(32) </num> <content>An interpretation which gives effect is preferred to one which makes void.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="33">(33) </num> <content>Interpretation must be reasonable.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="34">(34) </num> <content>Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer.</content> </paragraph> </section> </chapter> <page identifier="/us/stat/76a/6">6</page> <chapter> <num value="9">CHAPTER 9—</num><heading>HOLIDAYS</heading> <toc> <headingItem> <designator>Sec.</designator> <label/> </headingItem> <referenceItem role="section"><designator>111.</designator> <label>Legal holidays.</label></referenceItem> <referenceItem role="section"><designator>112.</designator> <label>Business days.</label></referenceItem> <referenceItem role="section"><designator>113.</designator> <label>Performance of acts under law or contract.</label></referenceItem> </toc> <section> <num value="111">§ 111. </num> <heading>Legal holidays</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content class="inline"> <p class="inline">The following are legal holidays:</p> <list> <listItem><listContent class="indent0 fontsize10 depth0">Every Sunday</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">January 1 (New Year’s Day)</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">February 22 (George Washington’s Birthday)</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Good Friday</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">May 30 (Memorial Day)</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">July 4 (Independence Day)</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">First Monday in September (Labor Day)</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">November 3 (Panamanian Independence Day)</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">November 11 (Veterans Day)</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">Thanksgiving Day</listContent></listItem> <listItem><listContent class="indent0 fontsize10 depth0">December 25 (Christmas Day)</listContent></listItem> </list> <p class="indent0 firstIndent0 fontsize10">and such other days as may, pursuant to law, be declared to be holidays.</p> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>As far as practicable, all public business shall be suspended on the holidays enumerated in subsection (a) of this section.</content> </subsection> </section> <section> <num value="112">§ 112. </num> <heading>Business days</heading> <content>All days other than those specified by section 111 of this title are business days for all purposes.</content> </section> <section> <num value="113">§ 113. </num> <heading>Performance of acts under law or contract</heading> <content>An act of a secular nature, other than a work of necessity or mercy, appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, may be performed upon the next business day, with the same effect as if it had been performed upon the day appointed.</content> </section> </chapter> <num class="bold" value="2">TITLE 2.—</num><heading class="centered bold">ADMINISTRATION AND REGULATION</heading> <toc> <headingItem> <designator><inline class="smallCaps">Part</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="part"><designator>1.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Administration</inline></label> <target>1</target></referenceItem> <referenceItem role="part"><designator>2.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Regulation</inline></label> <target>701</target></referenceItem> </toc> <part> <num class="bold" value="1">PART 1—</num><heading class="bold">ADMINISTRATION</heading> <toc> <headingItem> <designator class="smallCaps">Chapter</designator> <label/> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator> 1.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Canal Zone</inline></label> <target>1</target></referenceItem> <referenceItem role="chapter"><designator> 3.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Executive</inline></label> <target>31</target></referenceItem> <referenceItem role="chapter"><designator> 5.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Panama Canal Company</inline></label> <target>61</target></referenceItem> <referenceItem role="chapter"><designator> 7.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Employees of Government Agencies</inline></label> <target>101</target></referenceItem> <referenceItem role="chapter"><designator> 9.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Funds and Accounts</inline></label> <target>231</target></referenceItem> <referenceItem role="chapter"><designator>11.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Claims for Injuries to Persons or Property</inline></label> <target>271</target></referenceItem> <referenceItem role="chapter"><designator>13.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Public Lands</inline></label> <target>331</target></referenceItem> <referenceItem role="chapter"><designator>15.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Public Property and Procurement</inline></label> <target>371</target></referenceItem> <referenceItem role="chapter"><designator>17.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Tolls for Use of Canal</inline></label> <target>411</target></referenceItem> <referenceItem role="chapter"><designator>19.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Public Writings and Records</inline></label> <target>451</target></referenceItem> <referenceItem role="chapter"><designator>21.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Bridges</inline></label> <target>471</target></referenceItem> </toc> <chapter> <num class="bold" value="1">CHAPTER 1—</num><heading class="bold">CANAL ZONE</heading> <toc> <headingItem> <designator>Sec.</designator> <label/> </headingItem> <referenceItem role="section"><designator>1.</designator> <label>Designation.</label></referenceItem> <referenceItem role="section"><designator>2.</designator> <label>Acquisition of additional land; exchange of land.</label></referenceItem> <referenceItem role="section"><designator>3.</designator> <label>Towns and subdivisions.</label></referenceItem> </toc> <page identifier="/us/stat/76a/7">7</page> <section> <num value="1">§ 1. </num> <heading>Designation</heading> <content>The zone of land and land under water granted to the United States by the treaty with the Republic of Panama, dated March 18, 1903, as modified by subsequent treaties, shall be known and designated as the Canal Zone, and the canal constructed thereon shall be known and designated as the Panama Canal.</content> </section> <section> <num value="2">§ 2. </num> <heading>Acquisition of additional land; exchange of land</heading> <chapeau>The President, by treaty with the Republic of Panama, may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>acquire additional land or land under water not already granted, or which was excepted from the grant, which he deems necessary for the maintenance, operation, sanitation or protection of the Panama Canal and the Canal Zone; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>exchange land or land under water not deemed necessary for those purposes, for other land or land under water which he deems necessary for those purposes.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The additional land or land under water so acquired shall become part of the Canal Zone.</continuation> </section> <section> <num value="3">§ 3. </num> <heading>Towns and subdivisions</heading> <chapeau>The President shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>determine or cause to be determined what cities or towns shall exist in the Canal Zone; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>subdivide and from time to time re-subdivide the zone into subdivisions with clearly defined boundaries, which he shall designate by name or number, so that at least one city or town will be situated in each subdivision.</content> </paragraph> </section> </chapter> <chapter> <num class="bold" value="3">CHAPTER 3—</num><heading class="bold">EXECUTIVE</heading> <toc> <headingItem> <designator>Sec.</designator> <label/> </headingItem> <referenceItem role="section"><designator>31.</designator> <label>Canal Zone Government; administration and functions generally.</label></referenceItem> <referenceItem role="section"><designator>32.</designator> <label>Appointment and term of Governor.</label></referenceItem> <referenceItem role="section"><designator>33.</designator> <label>General powers and duties of Governor.</label></referenceItem> <referenceItem role="section"><designator>34.</designator> <label>Army control in time of war or imminence of war.</label></referenceItem> <referenceItem role="section"><designator>35.</designator> <label>Assistance of Armed Forces.</label></referenceItem> </toc> <section> <num value="31">§ 31. </num> <heading>Canal Zone Government; administration and functions generally</heading> <chapeau>The Canal Zone Government, an independent agency of the United States, shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>be administered, under the supervision of the President or such officer of the United States as may be designated by him, by a Governor of the Canal Zone; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>be charged, except as otherwise provided by law, with the performance of the various duties connected with the civil government, including health, sanitation, and protection, of the Canal Zone.</content> </paragraph> </section> <section> <num value="32">§ 32. </num> <heading>Appointment and term of Governor</heading> <content>The President, by and with the advice and consent of the Senate, shall appoint the Governor of the Canal Zone. The Governor shall hold office for a term of four years and until his successor is appointed and has qualified.</content> </section> <section> <num value="33">§ 33. </num> <heading>General powers and duties of Governor</heading> <chapeau>The Governor of the Canal Zone shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>have official control and jurisdiction over the Canal Zone; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>perform all duties in connection with the civil government of the Canal Zone, which is to be held, treated and governed as an adjunct of the Canal.</content> </paragraph> </section> <page identifier="/us/stat/76a/8">8</page> <section> <num value="34">§ 34. </num> <heading>Army control in time of war or imminence of war</heading> <chapeau>In time of war in which the United States is engaged, or when, in the opinion of the President, war is imminent, such officer of the Army as the President may designate shall, upon order of the President, assume and have exclusive authority and jurisdiction over the operation of the Panama Canal and all its adjuncts, appendants and appurtenances, including the entire control and government of the Canal Zone. During a continuation of this condition, the Governor of the Canal Zone shall be subject to the order and direction of the officer so appointed, in all respects and particulars as to:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the operation of the Canal; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>all duties, matters and transactions affecting the Canal Zone.</content> </paragraph> </section> <section> <num value="35">§ 35. </num> <heading>Assistance of Armed Forces</heading> <chapeau>The Governor of the Canal Zone may call upon the Commander of the Armed Forces of the United States in the Canal Zone for military assistance, whenever the Governor deems the assistance of the Armed Forces necessary to:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>protect the Canal Zone;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>preserve the peace;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>quell or disperse routs or riots; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>disperse unlawful assemblies.</content> </paragraph> </section> </chapter> <chapter> <num class="bold" value="5">CHAPTER 5—</num><heading class="bold">PANAMA CANAL COMPANY</heading> <toc> <headingItem> <designator>Sec.</designator> <label/> </headingItem> <referenceItem role="section"><designator>61.</designator> <label>Continuation, purposes, offices and residence of the Company.</label></referenceItem> <referenceItem role="section"><designator>62.</designator> <label>Investment of the United States.</label></referenceItem> <referenceItem role="section"><designator>63.</designator> <label>Board of Directors; allowances; quorum; meetings.</label></referenceItem> <referenceItem role="section"><designator>64.</designator> <label>President of the Company.</label></referenceItem> <referenceItem role="section"><designator>65.</designator> <label>General powers of Company.</label></referenceItem> <referenceItem role="section"><designator>66.</designator> <label>Specific powers of Company.</label></referenceItem> <referenceItem role="section"><designator>67.</designator> <label>Subjection to treaties and laws applicable to Panama Railroad Company.</label></referenceItem> <referenceItem role="section"><designator>68.</designator> <label>Rights in assets taken over upon dissolution of Panama Railroad Company; liabilities.</label></referenceItem> <referenceItem role="section"><designator>69.</designator> <label>Reimbursement of other agencies.</label></referenceItem> <referenceItem role="section"><designator>70.</designator> <label>Payment of excess funds into Treasury.</label></referenceItem> <referenceItem role="section"><designator>71.</designator> <label>Borrowing from Treasury.</label></referenceItem> <referenceItem role="section"><designator>72.</designator> <label>Appropriations to cover losses.</label></referenceItem> <referenceItem role="section"><designator>73.</designator> <label>Transfer of Canal and facilities to Company.</label></referenceItem> <referenceItem role="section"><designator>74.</designator> <label>Insurance coverage.</label></referenceItem> <referenceItem role="section"><designator>75.</designator> <label>Amendment or repeal.</label></referenceItem> </toc> <section> <num value="61">§ 61. </num> <heading>Continuation, purposes, offices and residence of the Company</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>For the purposes of maintaining and operating the Panama Canal and of conducting business operations incident thereto and incident to the civil government of the Canal Zone, the Panama Canal Company is continued as a body corporate and as an agency and instrumentality of the United States.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The Company shall have perpetual succession in its corporate name, unless dissolved by Act of Congress.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The principal offices of the Company shall be in the Canal Zone, but the Company may establish agencies or branch offices in such other places as it deems necessary or appropriate in the conduct of its business. Within the meaning of the laws of the United States relating to venue in civil actions, the Company is an inhabitant and resident of the Canal Zone and of the District of Columbia.</content> </subsection> </section> <section> <num value="62">§ 62. </num> <heading>Investment of the United States</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The receipt issued as of July 1, 1948, to the United States and delivered to the Secretary of the Treasury, acknowledging the transfer to the Company, as then required by law, of the net assets of the <page identifier="/us/stat/76a/9">9</page>Panama Railroad Company, a corporation created by an Act of the Legislature of the State of New York passed on April 7, 1849, as amended by an Act of that legislature passed on April 12, 1855, and which was wholly owned by the United States, shall be, either in its original amount of $1 or in the amount to which it subsequently has been or is increased as required by law, evidence of the ownership of the Panama Canal Company by the United States.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The President of the United States or such officer of the United States as he designates, shall be known as the “stockholder”, and shall represent the United States in its capacity as owner of the Company.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau>The amount of the receipt referred to by subsection (a) of this section shall be increased by subsequent additional direct investments of the United States, in excess of repayments to the Treasury and extraordinary expenditures and losses applicable as offsets to such investments under the provisions of subsection (f) of this section, due to:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>funds advanced to the Panama Canal Company from the Treasury within such appropriations as the Congress from time to time may make for the purpose of meeting increased capital needs; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>transfers to the Panama Canal Company from other Government agencies (or, conversely, decreased by transfers from the Company to other Government agencies), pursuant to applicable provisions of law, of business enterprises, facilities, appurtenances, and other assets, less liabilities assumed in connection with the transfers.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Transfers of properties and other assets from or to other Government agencies pursuant to paragraph (2) of subsection (c) of this section shall be at such appropriate amounts as are agreed upon between the Panama Canal Company and the agencies concerned and approved by the Director of the Bureau of the Budget. In the determination thereof, due consideration shall be given to the cost and probable earning power of the transferred assets, or usable value to the transferee if clearly less than cost, and adequate provisions made for depreciation of properties and equipment, obsolete or otherwise unusable inventories and other reasonably determinable shrinkages in values, and, insofar as practicable, there shall be excluded from the amount any portion of the value of the transferred property which is properly allocable to national defense. The board of directors shall certify to the Secretary of the Treasury the amount of each transfer, the amount of any accumulated repayments to the Treasury or extraordinary expenditures or losses applicable as offsets to the amount of the transfer under the provisions of subsection (f) of this section, and the effective date of the transfer.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>In order to reimburse the Treasury, as nearly as possible, for the interest cost of the funds or other assets directly invested in it, the Panama Canal Company shall pay interest to the Treasury on the net direct investment of the Government in it as defined by subsections (a), (c) and (d) of this section, and shown by the receipt described therein, at a rate or rates determined by the Secretary of the Treasury as required to reimburse the Treasury for its cost. Payments of the interest charges shall be made annually to the extent earned, and if not earned shall be made from subsequent earnings.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <chapeau>The Panama Canal Company shall account for its surplus, as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the total net income from operations from and after 1904 (when the Government acquired control of the Panama Canal Railroad Company), plus the undistributed net income prior to 1904; less</content> </paragraph> <page identifier="/us/stat/76a/10">10</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>payments to the Treasury as dividends from and after 1904, not applied as offsets to direct capital contributions as described below; and less</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>extraordinary expenditures or losses incurred through directives based on national policy and not related to the operations of the Panama Canal Company, not reimbursed through specific appropriations by the Congress, and not applied as offsets to direct capital contributions as described below.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The Panama Canal Company may not be required to pay interest to the Treasury on any part of its surplus, as above defined. Repayments to the Treasury as dividends shall be applicable as offsets against directly contributed capital, past or future, in determining the base for the interest payments required by subsection (e) of this section. Extraordinary expenditures and losses, as defined by paragraph (3) of this subsection, to the extent that they are not reimbursed through specific appropriations, shall be considered as repayments to the Treasury analogous to dividends and similarly applicable as offsets against directly contributed capital.</continuation> <continuation class="indent0 firstIndent0 fontsize10">The net costs of operation of the Canal Zone Government, which are deemed to form an integral part of the costs of operation of the Panama Canal enterprise as a whole, shall not include interest but shall include depreciation and the reimbursement of other Government agencies for expenditures made on behalf of the Canal Zone Government. The payments into the Treasury, referred to in this subsection, shall be made annually to the extent earned, and if not earned shall be made from subsequent earnings unless the Congress otherwise directs.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <chapeau>The Panama Canal Company is further obligated to pay into the Treasury as miscellaneous receipts amounts sufficient to reimburse the Treasury, as nearly as possible, for the:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>annuity payments under article XIV of the convention of November 18, 1903, between the United States of America and the Republic of Panama, as modified by article VII of the treaty of March 2, 1936, between those Governments; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>net costs of operation of the agency known as the Canal Zone Government.</content> </paragraph> </subsection> </section> <section> <num value="63">§ 63. </num> <heading>Board of Directors; allowances; quorum; meetings</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A board of directors shall manage the affairs of the Panama Canal Company. The board shall consist of not less than nine nor more than thirteen members, including:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the Governor, who shall serve as a director, ex officio; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the stockholder, if he elects to serve as a director.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The stockholder shall appoint all other members of the board, and neither this chapter nor any other law prevents the appointment and service, as a director, of an officer or employee of the United States. Each director so appointed shall hold office at the pleasure of the stockholder, and, before entering upon his duties, shall take an oath faithfully to discharge the duties of his office.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The directors may not be paid a salary for their services, but, under regulations and in amounts prescribed by the board of directors, with the approval of the stockholder, may be paid by the Company a reasonable per diem allowance in lieu of subsistence expenses in connection with attendance at meetings of the board or in connection with the time spent on special service of the Company, and their travel expenses to and from meetings or when on special service, without regard to the Travel Expense Act of 1949, as amended (5 U.S.C, sec. 835 et seq.), or the regulations promulgated by the Director of the Bureau of the Budget pursuant to section 7 of that Act (5 U.S.C, sec. 840).</content> </subsection> <page identifier="/us/stat/76a/11">11</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The directors, of whom a majority constitute a quorum for the transaction of business, shall hold meetings as provided by the bylaws of the Panama Canal Company.</content> </subsection> </section> <section> <num value="64">§ 64. </num> <heading>President of the Company</heading> <content>The Governor shall serve, ex officio, as president of the Panama Canal Company.</content> </section> <section> <num value="65">§ 65. </num> <heading>General powers of Company</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The Panama Canal Company may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>adopt, alter, and use a corporate seal, which shall be judicially noticed;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>adopt, amend, and repeal bylaws governing the conduct of its general business and the performance of the powers and duties granted to or imposed upon it by law;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>sue and be sued in its corporate name, but an attachment, garnishment, or similar process may not be issued against salaries or other moneys owed by the Company to its employees;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>enter into contracts, leases, agreements, or other transactions;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>determine the character of, and necessity for, its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid, and incur, allow, and pay them, subject to pertinent provisions of law generally applicable to Government corporations; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>purchase, lease, or otherwise acquire, and hold, own, maintain, work, develop, sell, lease, exchange, convey, mortgage, or otherwise dispose of, and deal in, lands, leaseholds, and any interest, estate, or rights in real, personal, or mixed property, and any franchises, concessions, rights, licenses, or privileges necessary or appropriate for any of the purposes expressed in this chapter.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The Panama Canal Company has the priority of the United States in the payment of debts out of bankrupt estates.</content> </subsection> </section> <section> <num value="66">§ 66. </num> <heading>Specific powers of Company</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Subject to the Government (Corporation Control Act (31 U.S.C., sec. 841 et seq.), the Panama Canal Company may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>maintain and operate the Panama Canal;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>construct, maintain, and operate a railroad across the Isthmus of Panama;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>construct or acquire, and operate, vessels for the transportation of passengers or freight, and for other purposes;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>construct or acquire, establish, maintain, and operate docks, wharves, piers, harbor terminal facilities, shops, yards, marine railways, salvage and towing facilities, fuel-handling facilities, motor-transportation facilities, power systems, water systems, a telephone system, construction facilities, living quarters and other buildings, guest houses, warehouses, storehouses, a printing plant, commissaries, and manufacturing, processing or service facilities in connection therewith, laundries, dairy facilities, restaurants, amusement and recreational facilities, and other business enterprises, facilities, and appurtenances necessary and appropriate for the accomplishment of the purposes of this chapter;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <chapeau>make or furnish sales, services, equipment, supplies, and materials, as contemplated by this chapter, to:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>vessels;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>agencies of the Government of the United States;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>employees of the Government of the United States; and</content> </subparagraph> <page identifier="/us/stat/76a/12">12</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">(D) </num> <content>any other governments, agencies, persons, corporations, or associations eligible to make or receive such purchases, services, supplies, or materials under the laws prevailing at the time and the policies heretofore or hereafter adopted consistently with those laws;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>use the United States mails in the same manner and under the same conditions as the executive departments of the Federal Government; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>take such actions as are necessary or appropriate to carry out the powers specifically conferred upon it.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Subject to subsection (c) of this section, the Company may not undertake any new types of activities not included in the annual budget program prescribed by section 102 of the Government Corporation Control Act (31 U.S.C., sec. 847), except those which may be transferred to it pursuant to section 62(c) (2) of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If, during a period when the Congress is not in session, the board of directors, or the president of the Company, with the concurrence of as many of the directors as may be consulted without loss of time unreasonable in the circumstances, declares an emergency to exist, the Company may undertake recommended appropriate action within the scope of this chapter, without regard to the restriction imposed by subsection (b) of this section. A report on the emergency activity shall be presented promptly to the Congress, when it reconvenes, for its approval and such action as it may deem necessary or desirable with respect to reimbursement through supplemental appropriation of funds to cover costs or losses arising from the emergency.</content> </subsection> </section> <section> <num value="67">§ 67. </num> <heading>Subjection to treaties and laws applicable to Panama Railroad Company</heading> <content>As far as consistent with this chapter, the Panama Canal Company is subject to all treaties and Acts of the Congress relating or applying to the Panama Railroad Company, as long as they remain in force; and has all the rights, privileges, and exemptions, and is subject to all the obligations, liabilities, and responsibilities, applicable to the Panama Railroad Company under or by virtue of those treaties or Acts.</content> </section> <section> <num value="68">§ 68. </num> <heading>Rights in assets taken over upon dissolution of Panama Railroad Company; liabilities</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The Panama Canal Company shall possess all the right, title, and interest in and to the assets taken over, as of July 1, 1948, from the Panama Railroad Company, since dissolved, which the United States then possessed or, by virtue of the convention of November 18, 1903, between the United States and the Republic of Panama, thereafter acquired or may hereafter acquire, and which, pursuant to law, were released and transferred, as of July 1, 1948, to the Company.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Subsection (a) of this section does not apply to any right, title, or interest transferred or conveyed to the Republic of Panama after July 1, 1948, under applicable provisions of law or of any convention or treaty.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The Company is responsible for the payment and discharge of all remaining liabilities of the Panama Railroad Company, which, as authorized by law, the Company assumed as of July 1, 1948.</content> </subsection> </section> <section> <num value="69">§ 69. </num> <heading>Reimbursement of other agencies</heading> <content>The Panama Canal Company shall reimburse the Employees’ Compensation Fund, Bureau of Employees’ Compensation, Department of Labor, for the benefit payments made to the Company’s employees, and shall also reimburse other Government agencies for payments of a similar nature made on its behalf.</content> </section> <page identifier="/us/stat/76a/13">13</page> <section> <num value="70">§ 70. </num> <heading>Payment of excess funds into Treasury</heading> <content>The board of directors shall appraise, at least annually, its necessary working capital requirements, together with reasonable foreseeable requirements for authorized plant replacement and expansion and pay into the Treasury as dividends the amount of funds in excess thereof. The dividends shall be treated by the Treasury as miscellaneous receipts, but shall be treated on the books of the Company as applicable to reduction of past or future direct Government capital contributions (as provided by section 62(f) of this title) in determining the base for interest payments required by section 62(e) of this title.</content> </section> <section> <num value="71">§ 71. </num> <heading>Borrowing from Treasury</heading> <content>The Panama Canal Company may borrow from the Treasury, for any of the purposes of the Company, not more than $10,000,000 outstanding at any time. For this purpose, the Company may issue to the Secretary of the Treasury its notes, or other obligations, which shall have maturities agreed upon by the Company and the Secretary of the Treasury, but shall be redeemable at the option of the Company before maturity in such manner as may be stipulated in the obligations. Each obligation shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average rate on current marketable obligations of the United States of comparable maturities as of the last day of the month preceding the issuance of the obligation of the Company. The Secretary of the Treasury shall purchase obligations of the Company to be issued under this section, and for such purpose the Secretary of the Treasury may use as a public-debt transaction the proceeds from the sale of any securities issued pursuant to the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued pursuant to the Second Liberty Bond Act, as amended, are extended to include any purchases of the Company’s obligations pursuant to this section.</content> </section> <section> <num value="72">§ 72. </num> <heading>Appropriations to cover losses</heading> <content> <p class="indent0 firstIndent1 fontsize10">Appropriations are authorized for payment to the Panama Canal Company of such amounts as may be shown in its annual budget program as necessary to cover losses sustained in the conduct of its activities. Amounts appropriated to the Company under authority of this section may not be added to the amount of the receipt referred to in subsections (a) and (c) of section 62 of this title, and may not require payment of interest pursuant to section 62(e) of this title.</p> <p class="indent0 firstIndent1 fontsize10">Repayments by the Company to the Treasury may not, in any case, be treated as dividends pursuant to section 62(f) and section 70 of this title, until all amounts appropriated to the Company under the authority of this section are repaid to the Treasury.</p> </content> </section> <section> <num value="73">§ 73. </num> <heading>Transfer of Canal and facilities to Company</heading> <chapeau>The transfer to the Company, made by the President under authority of law, of:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the Panama Canal, together with the facilities and appurtenances related thereto;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the facilities and appurtenances maintained and operated, prior to the transfer, by the Panama Canal under authority of section 51 of Title 2 of the Canal Zone Code of 1934, as amended by section 2 of the Act of August 12, 1949, chapter 422, 63 Stat. 601 (since repealed); and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>personnel, property, records, related assets, contracts, obligations, and liabilities of or appertaining to the Canal and such facilities or appurtenances—</content> </paragraph> <page identifier="/us/stat/76a/14">14</page> <continuation>shall be deemed to have been accepted and assumed by the Company without the necessity of any act on the part of the Company except as otherwise stipulated by section 62 of this title.</continuation> </section> <section> <num value="74">§ 74. </num> <heading>Insurance coverage</heading> <content> <p class="indent0 firstIndent1 fontsize10">The Panama Canal Company may not carry insurance to cover marine or fire losses.</p> <p class="indent0 firstIndent1 fontsize10">This section does not apply to the matter, governed by the Act of July 8, 1937 (50 Stat. 480; 6 U.S.C, sec. 134c), of insurance against loss, destruction, or damage in the shipment of valuables.</p> </content> </section> <section> <num value="75">§ 75. </num> <heading>Amendment or repeal</heading> <content>The right to amend or repeal sections 61–73 of this title is expressly reserved.</content> </section> </chapter> <chapter> <num class="bold" value="7">CHAPTER 7—</num><heading class="bold">EMPLOYEES OF GOVERNMENT AGENCIES</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">canal zone government employees</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>101.</designator> <label>Appointment and compensation of Government employees.</label></referenceItem> <referenceItem role="section"><designator>102.</designator> <label>Exemption of teachers with respect to dual offices and double salaries.</label></referenceItem> <referenceItem role="section"><designator>103.</designator> <label>Deduction from compensation of amounts due for supplies or services.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">panama canal company employees</inline></label></referenceItem> <referenceItem role="section"><designator>121.</designator> <label>Appointment and compensation; duties; delegation of powers; bonds.</label></referenceItem> <referenceItem role="section"><designator>122.</designator> <label>Deduction from compensation of amounts due for supplies or services.</label></referenceItem> <referenceItem role="section"><designator>123.</designator> <label>Hours of work for telegraph operators and train dispatchers.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">wage and employment practices</inline></label></referenceItem> <referenceItem role="section"><designator>141.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>142.</designator> <label>General rules governing wage and employment practices.</label></referenceItem> <referenceItem role="section"><designator>143.</designator> <label>Employment standards.</label></referenceItem> <referenceItem role="section"><designator>144.</designator> <label>Compensation.</label></referenceItem> <referenceItem role="section"><designator>145.</designator> <label>Uniform application of standards and rates.</label></referenceItem> <referenceItem role="section"><designator>146.</designator> <label>Additional allowance and differential.</label></referenceItem> <referenceItem role="section"><designator>147.</designator> <label>Security positions.</label></referenceItem> <referenceItem role="section"><designator>148.</designator> <label>Benefits based on compensation.</label></referenceItem> <referenceItem role="section"><designator>149.</designator> <label>Canal Zone Merit System.</label></referenceItem> <referenceItem role="section"><designator>150.</designator> <label>Salary protection upon conversion of compensation base.</label></referenceItem> <referenceItem role="section"><designator>151.</designator> <label>Review and adjustment of classifications, grades, and pay levels; by department.</label></referenceItem> <referenceItem role="section"><designator>152.</designator> <label>Same; Board of Appeals; duties.</label></referenceItem> <referenceItem role="section"><designator>153.</designator> <label>Same; appeals to Board; procedure; finality of decisions.</label></referenceItem> <referenceItem role="section"><designator>154.</designator> <label>Participation in training programs.</label></referenceItem> <referenceItem role="section"><designator>155.</designator> <label>Administration by President; regulations; delegation of authority.</label></referenceItem> <referenceItem role="section"><designator>156.</designator> <label>Applicability of other laws.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">retirement and other benefits</inline></label></referenceItem> <referenceItem role="section"><designator>181.</designator> <label>Cash relief to certain former employees; applicability of Civil Service Retirement Act to certain employees.</label></referenceItem> <referenceItem role="section"><designator>182.</designator> <label>Appliances for employees injured prior to September 7, 1916.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">miscellaneous</inline></label></referenceItem> <referenceItem role="section"><designator>201.</designator> <label>Compensation of persons in military, naval, or Public Health Service who serve Canal Zone Government or Panama Canal Company.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Canal Zone Government Employees</heading> <section> <num value="101">§ 101. </num> <heading>Appointment and compensation of Government employees</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Except as otherwise provided by law, and subject to the supervision provided by section 31 of this title, the Governor shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>appoint all officers and employees of the Canal Zone Government; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>prescribe the compensation of officers and employees of the Canal Zone Government, and establish their conditions of employment, including matters relating to transportation, medical care, leave, office hours, and hours of labor.</content> </paragraph> </subsection> <page identifier="/us/stat/76a/15">15</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Compensation prescribed by the Governor under this section may not exceed, in any case, by more than 25 percent, the compensation paid for the same or similar services to persons employed by the Government in the continental United States. The definition of “continental United States” contained in section 141 of this title applies to that term as used in this subsection.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>This section does not affect the application to employees of the Canal Zone Government of the provisions of section 23 of the Independent Offices Appropriation Act, 1935 (48 Stat. 522; 5 U.S.C, sec. 673c).</content> </subsection> </section> <section> <num value="102">§ 102. </num> <heading>Exemption of teachers with respect to dual offices and double salaries</heading> <content>Section 2 of the Legislative, Executive, and Judicial Appropriation Act, approved July 31, 1894, as amended (28 Stat. 205; 5 U.S.C, sec. 62), and section 6 of the Legislative, Executive, and Judicial Appropriation Act, approved May 10, 1916, as amended (39 Stat. 120; 5 U.S.C, sec. 58), do not apply to teachers in the public schools of the Canal Zone who are also employed in night schools or in vacation schools or programs.</content> </section> <section> <num value="103">§ 103. </num> <heading>Deduction from compensation of amounts due for supplies or services</heading> <content>Amounts due from officers and employees, whether to the Canal Zone Government, Panama Canal Company, or contractor, for transportation, board, supplies or any other service, may be deducted from the compensation otherwise payable to them, and may be paid to the authorized parties or credited to the appropriation out of which the transportation, board, supplies, or other service was originally paid.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Panama Canal Company Employees</heading> <section> <num value="121">§ 121. </num> <heading>Appointment and compensation; duties; delegation of powers; bonds</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Except as provided by section 64 of this title, the Panama Canal Company may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>appoint, fix the compensation of, and define the authority and duties of, officers, agents, attorneys, and employees necessary for the conduct of the business of the Company;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>require such of the persons appointed, whom it designates, to be bonded, and fix the penalties and pay the premiums of the bonds; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>delegate to the persons appointed such of its powers as it deems necessary.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Officers and employees of the United States, may, if appointed under this section, serve as officers or employees of the Company.</content> </subsection> </section> <section> <num value="122">§ 122. </num> <heading>Deduction from compensation of amounts due for supplies or services</heading> <content>Section 103 of this title applies to the Panama Canal Company and to its officers and employees.</content> </section> <section> <num value="123">§ 123. </num> <heading>Hours of work for telegraph operators and train dispatchers</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Except as provided by subsection (b) of this section, the Panama Canal Company may not require or permit any employee of the Company who, by the use of the telegraph or telephone, dispatches, reports, transmits, receives, or delivers orders pertaining to or affecting train movements, to be or remain on duty for a longer period than:</chapeau> <page identifier="/us/stat/76a/16">16</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>nine hours in a twenty-four-hour period in a tower, office, place or station continuously operated night and day; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>thirteen hours in a tower, office, place or station operated only during the daytime.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>In case of emergency, the Panama Canal Company may permit the employees referred to in subsection (a) of this section to be and remain on duty for four additional hours in a twenty-four-hour period for not more than three days in a week.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Wage and Employment Practices</heading> <section> <num value="141">§ 141. </num> <heading>Definitions</heading> <chapeau> <p class="indent0 firstIndent1 fontsize10">As used in this subchapter:</p> <p class="indent0 firstIndent1 fontsize10">“continental United States” means the several States of the United States of America existing on July 25, 1958, and the District of Columbia;</p> <p class="indent0 firstIndent1 fontsize10">“department” means a department, agency, or independent establishment in the executive branch of the Government of the United States (including a corporation wholly owned or controlled by the United States) which conducts operations in the Canal Zone;</p> <p class="indent0 firstIndent1 fontsize10">“employee” means an individual holding a position; and</p> <p class="indent0 firstIndent1 fontsize10">“position” means those duties and responsibilities of a civilian nature under the jurisdiction of a department:</p> </chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>which are performed in the Canal Zone; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>with respect to which the exclusion of individuals from the Classification Act of 1949, as amended (5 U.S.C., ch. 21), is provided for by section 202(21) (B) of that Act, as amended (5 U.S.C, sec. 1082(21) (B)).</content> </paragraph> </section> <section> <num value="142">§ 142. </num> <heading>General rules governing wage and employment practices</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The head of each department shall conduct the wage and employment practices in the Canal Zone of his department in accordance with the:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>principles established in item 1 of the Memorandum of Understandings set forth in section 1(b) of Public Law 85–550 (July 25, 1958, 72 Stat. 405);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>provisions of this subchapter;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>regulations promulgated by, or under the authority of, the President of the United States in accordance with this subchapter; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>provisions of applicable law.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>To the extent he deems appropriate, the President may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>exclude any employee or position from this subchapter or from any provision of this subchapter; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>extend to any employee, whether or not the employee is a citizen of the United States, the same rights and privileges as are provided by applicable laws and regulations for citizens of the United States employed in the competitive civil service of the Government of the United States.</content> </paragraph> </subsection> </section> <section> <num value="143">§ 143. </num> <heading>Employment standards</heading> <chapeau>The head of each department shall establish written standards for the:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>determination of the qualifications and fitness of employees and of individuals under consideration for appointment to positions; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>selection of individuals for appointment, promotion, or transfer to positions.</content> </paragraph> <continuation>The standards shall conform with this subchapter, the regulations referred to in section 155(a) of this title, and the Canal Zone Merit System referred to by section 149 of this title.</continuation> </section> <page identifier="/us/stat/76a/17">17</page> <section> <num value="144">§ 144. </num> <heading>Compensation</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The head of each department, in accordance with this subchapter, shall establish, and from time to time may revise, the rates of basic compensation for positions and employees under his jurisdiction.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The rates of basic compensation may be established and revised in relation to the rates of compensation for the same or similar work performed in the continental United States or in such areas outside the continental United States as may be designated in the regulations referred to in section 165 (a) of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The head of each department may grant increases in rates of basic compensation in amounts not to exceed the amounts of the increases granted, from time to time, by Act of Congress in corresponding rates of compensation in the appropriate schedule or scale of pay. The head of the department concerned may make the increases effective as of such date as he designates but not earlier than the effective date of the corresponding increases provided by the Act of Congress.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>A rate of basic compensation established under this section may not exceed by more than 25 percent, when increased by the amounts of the allowance and the differential authorized by section 146 of this title, the rate of basic compensation for the same or similar work performed in the continental United States by employees of the Government of the United States.</content> </subsection> </section> <section> <num value="145">§ 145. </num> <heading>Uniform application of standards and rates</heading> <content>The established employment standards and rates of basic compensation established pursuant to sections 143 and 144 of this title shall be applied uniformly, irrespective of whether the employee or individual concerned is a citizen of the United States or a citizen of the Republic of Panama.</content> </section> <section> <num value="146">§ 146. </num> <heading>Additional allowance and differential</heading> <chapeau>In addition to established basic compensation, there shall be paid to each employee who is a citizen of the United States such amounts as the head of the department concerned determines to be payable, as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an allowance for taxes which operate to reduce his disposable income in comparison with the disposable incomes of those employees who are not citizens of the United States; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>an overseas (tropical) differential not in excess of an amount equal to 25 percent of the aggregate amount of the rate of basic compensation so established and the amount of the allowance provided in accordance with paragraph (1) of this section.</content> </paragraph> </section> <section> <num value="147">§ 147. </num> <heading>Security positions</heading> <content>Notwithstanding any other provision of this subchapter but subject to the regulations referred to in section 155(a) of this title, the head of each department may designate any position under his jurisdiction as a position which for security reasons shall be filled by a citizen of the United States; including but not limited to, positions (a) involving security of property; (b) involving access to defense information not releasable to foreign nationals; or (c) requiring the use of United States citizens to insure continuity and capability of operation and administration of activities in the Canal Zone by the United States Government.</content> </section> <section> <num value="148">§ 148. </num> <heading>Benefits based on compensation</heading> <chapeau>For the purpose of determining:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>amounts of insurance under the Federal Employees’ Group Life Insurance Act of 1954, as amended (5 U.S.C., sec. 2091 et seq.);</content> </paragraph> <page identifier="/us/stat/76a/18">18</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>amounts of compensation for death or disability under the Federal Employees’ Compensation Act, as amended (5 U.S.C., sec. 751 et seq.);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>amounts of overtime pay or other premium compensation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>benefits under the Civil Service Retirement Act, as amended (5 U.S.C., sec. 2251 et seq.);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>annual leave benefits; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>other benefits related to basic compensation—</content> </paragraph> <continuation>the basic compensation of each employee who is a citizen of the United States shall include the rate of basic compensation established for his position, and the amount of the allowance and the differential determined, in the manner respectively provided by sections 144 and 146 of this title.</continuation> </section> <section> <num value="149">§ 149. </num> <heading>Canal Zone Merit System</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Subject to this subchapter, the President or his designee may, from time to time, amend or modify the provisions of the Canal Zone Merit System of selection for appointment, reappointment, reinstatement, re-employment, and retention, with respect to positions, employees, and individuals under consideration for appointment to positions, established by regulations under authority of the President.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>The Canal Zone Merit System, irrespective of whether the employees or individuals concerned are citizens of the United States or citizens of the Republic of Panama, shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>be based solely on the merit of the employee or individual and upon his qualifications and fitness to hold the position concerned; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>apply uniformly within and among all departments to positions, employees, and individuals concerned.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau>The Canal Zone Merit System shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>conform generally to policies, principles, and standards established by or in accordance with the Civil Service Act of January 16, 1883, as amended and supplemented; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>include provision for appropriate interchange of citizens of the United States employed by the Government of the United States between the merit system and the competitive civil service of the Government of the United States.</content> </paragraph> </subsection> </section> <section> <num value="150">§ 150. </num> <heading>Salary protection upon conversion of compensation base</heading> <content>Whenever the rate of basic compensation of an employee heretofore or hereafter established in relation to rates of compensation for the same or similar work in the continental United States is converted under authority of section 144 of this title to a rate of basic compensation established in relation to rates in areas other than the continental United States in the manner provided by section 144(b) of this title, he shall, pending transfer to a position for which the rate of basic compensation is established in relation to rates of compensation in the continental United States in the manner provided by section 144(b) of this title, and as long as he remains in the same position or in a position of equal or higher grade, continue to receive a rate of basic compensation not less than that to which he was entitled immediately prior to the conversion.</content> </section> <section> <num value="151">§ 151. </num> <heading>Review and adjustment of classifications, grades, and pay level; by department</heading> <chapeau>An employee may request at any time that the department in which he is employed:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>review the classification of his position or the grade or pay level for his position, or both; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>revise or adjust such classification, grade, and pay level, or any of them, as the case may be.</content> </paragraph> <page identifier="/us/stat/76a/19">19</page> <continuation>The request for review and revision or adjustment shall be submitted and adjudicated in accordance with the regularly established appeals procedure of the department.</continuation> </section> <section> <num value="152">§ 152. </num> <heading>Same; Board of Appeals; duties</heading> <content> <p class="indent0 firstIndent1 fontsize10">There shall be, in conformity with this subchapter, and as prescribed by regulations promulgated by the President or his designee, a Canal Zone Board of Appeals. The regulations shall provide for, in accordance with this subchapter, the number of members of the Board, and their appointment, compensation, and terms of office, the selection of a Chairman of the Board, and the appointment and compensation of the Board’s employees, and for other relevant and appropriate matters.</p> <p class="indent0 firstIndent1 fontsize10">The Board shall review and determine the appeals of employees in accordance with section 153 of this title, and its decisions shall conform with the provisions of this subchapter.</p> </content> </section> <section> <num value="153">§ 153. </num> <heading>Same; appeals to Board; procedure; finality of decisions</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>An employee may appeal to the Canal Zone Board of Appeals from an adverse determination made under section 151 of this title. The appeal shall be made in writing within a reasonable time, as prescribed in regulations promulgated by, or under the authority of, the President, after the date of the transmittal by the department to the employee of written notice of the adverse determination.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The Board may authorize, in connection with an appeal pursuant to subsection (a) of this section, a personal appearance before the Board by the employee, or by his representative designated for the purpose.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau>After investigation and consideration of the evidence submitted, the Board shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>prepare a written decision on the appeal;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>transmit its decision to the department concerned; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>transmit copies of the decision to the employee concerned or to his designated representative.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The decision of the Board on any question or other matter relating to an appeal is final and conclusive. The department concerned shall take action in accordance with the decision of the Board.</content> </subsection> </section> <section> <num value="154">§ 154. </num> <heading>Participation in training programs</heading> <content>Training programs established by a department shall be applied uniformly to each employee irrespective of whether he is a citizen of the United States or the Republic of Panama. Employees who are citizens of the Republic of Panama shall be afforded opportunity to participate in training programs on the same basis as that upon which opportunity to participate therein is afforded to employees who are citizens of the United States.</content> </section> <section> <num value="155">§ 155. </num> <heading>Administration by President; regulations; delegation of authority</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The President shall coordinate the policies and activities of the respective departments under this subchapter, and may promulgate regulations necessary and appropriate to carry out the provisions and accomplish the purposes of this subchapter.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The President may delegate any authority vested in him by this subchapter, and may provide for the redelegation of any such authority.</content> </subsection> </section> <page identifier="/us/stat/76a/20">20</page> <section> <num value="156">§ 156. </num> <heading>Applicability of other laws</heading> <chapeau>This subchapter does not affect the applicability of:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the Veterans’ Preference Act of 1944, as amended (5 U.S.C, sec. 851 et seq.);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>section 6 of the Act of August 24, 1912 (37 Stat. 655), as amended (5 U.S.C, sec. 652); and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>section 23 of the Independent Offices Appropriation Act, 1935 (48 Stat. 522), as amended (5 U.S.C, sec. 673c), or section 205 of the Federal Employees Pay Act of 1945, as amended (5 U.S.C, sec. 913), to those classes of employees within the scope of those two sections on July 25, 1968.</content> </paragraph> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Retirement and Other Benefits</heading> <section> <num value="181">§ 181. </num> <heading>Cash relief to certain former employees; applicability of Civil Service Retirement Act to certain employees</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The Governor of the Canal Zone, under the regulations prescribed by the President pursuant to the Act of July 8, 1937, as amended (60 Stat. 478; 68 Stat. 17), may continue the payments of cash relief to those individual former employees of the Canal Zone Government not coming within the scope of the former Canal Zone Retirement Act whose services were terminated prior to October 5, 1958, because of unfitness for further useful service by reason of mental or physical disability resulting from age or disease. Subject to subsection (b) of this section, such cash relief may not exceed $1.50 per month for each year of service of the employees so furnished relief, with a maximum of $45 per month, nor be paid to any employee who, at the time of termination for disability prior to October 5, 1958, had less than ten years’ service with the Canal Zone Government and its predecessor agencies, including any service with the Panama Canal Company and its predecessor agencies, on the Isthmus of Panama.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>An additional amount of $10 per month, as authorized by the Public Law 86–672 (July 14, 1960, 74 Stat. 562), effective July 1, 1960, shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>be paid to each person who, on January 2, 1963, is receiving payment of cash relief under authority of the Act of July 8, 1937, as amended (50 Stat. 478; 68 Stat. 17); and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>be paid to each person who receives, or, after January 2, 1963, becomes entitled to receive, payment of cash relief under subsection (a) of this section.</content> </paragraph> <continuation>The monthly payment of $10 herein provided for shall be in addition to any payments received before January 2, 1963, under the Act of July 8, 1937, as amended, or received under subsection (a) of this section, and shall be made without regard to the limitations contained therein.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The Civil Service Retirement Act applies with respect to those individuals who were in the service of the Canal Zone Government or the Panama Canal Company on October 5, 1958, and who, except for the operation of section 13(a)(1) of the Act of July 25, 1958 (72 Stat. 410), would have been within the classes of individuals subject to the Act of July 8, 1937.</content> </subsection> </section> <section> <num value="182">§ 182. </num> <heading>Appliances for employees injured prior to September 7, 1916</heading> <content>The Governor may purchase artificial limbs or other appliances for persons who were injured in the service of the Isthmian Canal Commission or of the Panama Canal prior to September 7, 1916.</content> </section> </subchapter> <page identifier="/us/stat/76a/21">21</page> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Miscellaneous</heading> <section> <num value="201">§ 201. </num> <heading>Compensation of persons in military, naval, or Public Health Service who serve Canal Zone Government or Panama Canal Company</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If the person appointed as Governor of the Canal Zone and President of the Panama Canal Company, or as Lieutenant Governor of the Canal Zone and Vice President of the Panama Canal Company, is in the military service of the United States, the amount of the official salary paid to him as a military officer shall be deducted from the amount of salary or compensation which is fixed by or pursuant to law for those respective offices.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Except as provided in subsection (a) of this section, persons appointed to or employed in positions in the Canal Zone Government or the Panama Canal Company, who are under assignment for those purposes by the military, naval, or Public Health Service, shall not be paid by the Canal Zone Government or the Panama Canal Company any amount in excess of their military, naval, or Public Health Service pay for the period of that service.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The Canal Zone Government and the Panama Canal Company shall annually pay to the military, naval, and Public Health services of the United States amounts sufficient to reimburse each of those services for the official salary paid to any person in their service for the period of appointment or employment by the Canal Zone Government or the Panama Canal Company.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>In the case of persons retired as members of a regular component of the armed forces or the Public Health Service of the United States who are appointed to or employed in positions in the Canal Zone Government or the Panama Canal Company, the amount of their retired pay shall be deducted from the amount of their civilian salary or compensation. This subsection does not require the deduction of the retired pay of any warrant officer or enlisted man.</content> </subsection> </section> </subchapter> </chapter> <chapter> <num class="bold" value="9">CHAPTER 9—</num><heading class="bold">FUNDS AND ACCOUNTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>231.</designator> <label>Consolidation of functions in relation to certain funds.</label></referenceItem> <referenceItem role="section"><designator>232.</designator> <label>Reimbursement of amounts expended in maintaining defense facilities and furnishing certain services.</label></referenceItem> <referenceItem role="section"><designator>233.</designator> <label>Use of funds for free medical and hospital care prohibited.</label></referenceItem> <referenceItem role="section"><designator>234.</designator> <label>Sale of water to Republic of Panama.</label></referenceItem> <referenceItem role="section"><designator>235.</designator> <label>Disaster relief.</label></referenceItem> </toc> <section> <num value="231">§ 231. </num> <heading>Consolidation of functions in relation to certain funds</heading> <content>The consolidation of the functions of receiving, disbursing and accounting for the funds of the Canal Zone Government and the Panama Canal Company with the functions of receiving, disbursing and accounting for the funds appropriated for the Canal Zone Government is authorized insofar as may be practicable, but separate accounts shall be kept of the transactions under each fund.</content> </section> <section> <num value="232">§ 232. </num> <heading>Reimbursement of amounts expended in maintaining defense facilities and furnishing certain services</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Notwithstanding any other law:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the Department of Defense shall reimburse the Panama Canal Company for amounts expended by the Company in maintaining defense facilities in standby condition for the Department of Defense; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>amounts expended by the Canal Zone Government for furnishing education, and hospital and medical care to employees of agencies of the United States and their dependents, other than the Panama Canal Company and Canal Zone Government, less <page identifier="/us/stat/76a/22">22</page>amounts payable by the employees and their dependents, shall be fully reimbursable to the Canal Zone Government by those agencies.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The appropriation or fund of the agency bearing the cost of the compensation of the employee concerned is made available for reimbursements under subsection (a) (2) of this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Appropriations of the Department of Defense available for medical care are made available for the reimbursement of the Canal Zone Government for the cost of providing medical care for dependents of military personnel (to the extent that the care is authorized by chapter 55 of title 10, U.S. Code) in facilities operated by the Canal Zone Government.</content> </subsection> </section> <section> <num value="233">§ 233. </num> <heading>Use of funds for free medical and hospital care prohibited</heading> <content>Funds of the Canal Zone Government or the Panama Canal Company may not be used for providing free medical and hospital care to employees of the Panama Canal Company or the Canal Zone Government.</content> </section> <section> <num value="234">§ 234. </num> <heading>Sale of water to Republic of Panama</heading> <content>Pending the establishment by the Republic of Panama of an independent water-supply system, and as long as the Republic desires to utilize a supply of water from the Canal Zone, the Republic of Panama shall pay to the Panama Canal Company, for the water so supplied, at such reasonable rate as may be agreed upon by the United States and the Republic of Panama.</content> </section> <section> <num value="235">§ 235. </num> <heading>Disaster relief</heading> <content>If an emergency arises because of disaster or calamity by flood, hurricane, earthquake, fire, pestilence, or like cause, not foreseen of otherwise provided for, and occurring in the Canal Zone, or occurring in the Republic of Panama in such circumstances as to constitute an actual or potential hazard to health, safety, security, or property in the Canal Zone, the Canal Zone Government and the Panama Canal Company may expend available funds and utilize or furnish materials, supplies, equipment, and services for relief, assistance, and protection.</content> </section> </chapter> <chapter> <num class="bold" value="11">CHAPTER 11—</num><heading class="bold">CLAIMS FOR INJURIES TO PERSONS OR PROPERTY</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">claims arising from civil government</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>271.</designator> <label>Claims for losses of, or damages to, property.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">claims arising from operations of canal</inline></label></referenceItem> <referenceItem role="section"><designator>291.</designator> <label>Injuries in locks of Canal.</label></referenceItem> <referenceItem role="section"><designator>292.</designator> <label>Injuries outside locks.</label></referenceItem> <referenceItem role="section"><designator>293.</designator> <label>Measure of damages generally.</label></referenceItem> <referenceItem role="section"><designator>294.</designator> <label>Delays for which no responsibility assumed.</label></referenceItem> <referenceItem role="section"><designator>295</designator> <label>Settlement of claims.</label></referenceItem> <referenceItem role="section"><designator>296.</designator> <label>Actions on claims.</label></referenceItem> <referenceItem role="section"><designator>297.</designator> <label>Investigation of accident or injury giving rise to claim.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Claims Arising From Civil Government</heading> <section> <num value="271">§ 271. </num> <heading>Claims for losses of, or damages to, property</heading> <content> <p class="indent0 firstIndent1 fontsize10">The Governor, or his designee, may adjust and pay claims for losses of, or damages to, property arising from the civil government, including health, sanitation and protection, of the Canal Zone.</p> <p class="indent0 firstIndent1 fontsize10">An award made to a claimant pursuant to this section shall be payable out of any moneys appropriated or made available for the civil government, including health, sanitation and protection, of the Canal <page identifier="/us/stat/76a/23">23</page>Zone; and the acceptance by the claimant of the award shall be final and conclusive on the claimant, and shall constitute a complete release by him of his claim against the United States.</p> <p class="indent0 firstIndent1 fontsize10">This section does not apply to tort claims cognizable under section 1346(b) of Title 28, United States Code.</p> </content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Claims Arising From Operations of Canal</heading> <section> <num value="291">§ 291. </num> <heading>Injuries in locks of Canal</heading> <content>The Panama Canal Company shall promptly adjust and pay damages for injuries to vessels, or to the cargo, crew, or passengers of vessels, which may arise by reason of their passage through the locks of the Panama Canal under the control of officers or employees of the company. Damages may not be paid where the injury was proximately caused by the negligence or fault of the vessel, master, crew, or passengers. If the negligence or fault of the vessel, master, crew, or passengers proximately contributed to the injury, the award of damages shall be diminished in proportion to the negligence or fault attributable to the vessel, master, crew, or passengers. Damages may not be allowed and paid for injuries to any protrusion beyond the side of a vessel, whether it is permanent or temporary in character. A vessel is considered to be passing through the locks of the Canal, under the control of officers or employees of the Company, from the time the first towing line is made fast on board before entrance into the locks and until the towing lines are cast off upon, or immediately prior to, departure from the lock chamber.</content> </section> <section> <num value="292">§ 292. </num> <heading>Injuries outside locks</heading> <content>The Panama Canal Company shall promptly adjust and pay damages for injuries to vessels, or to the cargo, crew, or passengers of vessels which may arise by reason of their presence in the waters of the Canal Zone, other than the locks, when the injury was proximately caused by negligence or fault on the part of an officer or employee of the Company acting within the scope of his employment and in the line of his duties in connection with the operation of the canal. If the negligence or fault of the vessel, master, crew, or passengers proximately contributed to the injury, the award of damages shall be diminished in proportion to the negligence or fault attributable to the vessel, master, crew, or passengers. In the case of a vessel which is required by or pursuant to regulations prescribed pursuant to section 1331 of this title to have a Panama Canal pilot on duty aboard, damages may not be adjusted and paid for injuries to the vessel, or its cargo, crew, or passengers, incurred while the vessel was under way and in motion, unless at the time the injuries were incurred the navigation or movement of the vessel was under the control of a Panama Canal pilot.</content> </section> <section> <num value="293">§ 293. </num> <heading>Measure of damages generally</heading> <chapeau>In determining the amount of the award of damages for injuries to a vessel for which the Panama Canal Company is determined to be liable, there may be included:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>actual or estimated cost of repairs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>charter hire actually lost by the owners, or charter hire actually paid, depending upon the terms of the charter party, for the time the vessel is undergoing repairs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>maintenance of the vessel and wages of the crew, if they are found to be actual additional expenses or losses incurred outside of the charter hire; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>other expenses which are definitely and accurately shown to have been incurred necessarily and by reason of the accident or injuries.</content> </paragraph> <page identifier="/us/stat/76a/24">24</page> <continuation>Agent’s fees, or commissions, or other incidental expenses of similar character, or any items which are indefinite, indeterminable, speculative, or conjectural may not be allowed. The Panama Canal Company shall be furnished such vouchers, receipts, or other evidence as may be necessary in support of any item of a claim. If a vessel is not operated under charter but by the owner directly, evidence shall be secured if available as to the sum for which vessels of the same size and class can be chartered in the market. If the charter value can not be determined, the value of the use of the vessel to its owners in the business in which it was engaged at the time of the injuries shall be used as a basis for estimating the damages for the vessel’s detention; and the books of the owners showing the vessel’s earnings about the time of the accident or injuries shall be considered as evidence of probable earnings during the time of detention. If the books are unavailable, such other evidence shall be furnished as may be necessary.</continuation> </section> <section> <num value="294">§ 294. </num> <heading>Delays for which no responsibility assumed</heading> <chapeau>The Panama Canal Company is not responsible, and may not consider any claim, for demurrage or delays caused by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>landslides or other natural causes;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>necessary construction or maintenance work on Canal locks, terminals, or equipment;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>obstructions arising from accidents;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>time necessary for admeasurement;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>congestion of traffic; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>except as specially set forth in this subchapter, any other cause.</content> </paragraph> </section> <section> <num value="295">§ 295. </num> <heading>Settlement of claims</heading> <content>The Panama Canal Company, by mutual agreement, compromise, or otherwise, may adjust and determine the amounts of the respective awards of damages pursuant to sections 291–293 of this title. Acceptance by a claimant of the amount awarded to him shall be deemed to be in full settlement of his claims.</content> </section> <section> <num value="296">§ 296. </num> <heading>Actions on claims</heading> <content> <p class="indent0 firstIndent1 fontsize10">A claimant for damages pursuant to section 291 or 292 of this title who considers himself aggrieved by the findings, determination, or award of the Panama Canal Company in reference to his claim may bring an action on the claim against the Company in the United States District Court for the District of the Canal Zone. In the action, the provisions of this subchapter, relative to the determination, adjustment, and payment of claims, and the provisions of the regulations established pursuant to section 1331 of this title, relative to navigation of Canal Zone waters and to transiting the Panama Canal, shall apply. An action for damages cognizable under this section shall not lie against the Company, otherwise, nor in any other court, than as provided in this section; nor may it lie against any officer or employee of the Company.</p> <p class="indent0 firstIndent1 fontsize10">This section does not prohibit actions against the Company’s officers or employees for damages for injuries resulting from their acts outside the scope of their employment or not in the line of their duties, or from their acts committed with intent to injure the person or property of another.</p> <p class="indent0 firstIndent1 fontsize10">Actions under this section shall be tried by the court without a jury.</p> </content> </section> <page identifier="/us/stat/76a/25">25</page> <section> <num value="297">§ 297. </num> <heading>Investigation of accident or injury giving rise to claim</heading> <chapeau>Notwithstanding any other law, a claim may not be considered under this subchapter, or an action for damages lie thereon, unless, prior Lo the departure from Canal Zone waters of the vessel involved:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the investigation by the competent authorities of the accident or injury giving rise to the claim has been completed; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the basis for the claim has been laid before the Panama Canal Company.</content> </paragraph> </section> </subchapter> </chapter> <chapter> <num class="bold" value="13">CHAPTER 13—</num><heading class="bold">PUBLIC LANDS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>331.</designator> <label>Acquisition by United States of title to land in Canal Zone.</label></referenceItem> <referenceItem role="section"><designator>332.</designator> <label>Withdrawal of certain tract from effect of section 331.</label></referenceItem> <referenceItem role="section"><designator>333.</designator> <label>Revocable licenses for lands outside town sites.</label></referenceItem> <referenceItem role="section"><designator>334.</designator> <label>Revocable licenses for lots in town sites.</label></referenceItem> </toc> <section> <num value="331">§ 331. </num> <heading>Acquisition by United States of title to land in Canal Zone</heading> <content>The President may declare by executive order that land and land under water within the limits of the Canal Zone is necessary for the construction, maintenance, operation, sanitation or protection of the Panama Canal, and extinguish, by agreement when advisable, claims and titles of adverse claimants and occupants. Upon failure to secure by agreement title to such a parcel of land or land under water the adverse claim or occupancy shall be disposed of and title thereto secured in the United States and compensation therefor fixed and paid in the manner provided in the convention with the Republic of Panama signed November 18, 1903, or such modification of that convention as may be made.</content> </section> <section> <num value="332">§ 332. </num> <heading>Withdrawal of certain tract from effect of section 331</heading> <content>The tract of land situated within the Canal Zone, and more particularly described as lots numbered 641, 643, 645, and 647, in the town of Cristobal, Canal Zone, bounded on the north by Eleventh Street, on the east by Bolivar Street, on the south by lot numbered 649, and on the west by a vacant lot, having an extension from north to south of 120 feet and from east to west of 100 feet, and measuring in superficial area 12,000 square feet, is withdrawn from the operation of section 331 of this title and the Executive Order of December 5, 1912, relating thereto.</content> </section> <section> <num value="333">§ 333. </num> <heading>Revocable licenses for lands outside town sites</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Whenever the Governor deems the action to be necessary to, or in the interest of, the Government of the United States and of the efficient maintenance, operation, sanitation, government, and protection of the Panama Canal and the Canal Zone, he or his designee may issue revocable licenses covering the use of tracts of land situated outside of town sites in the Canal Zone.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The Governor shall prescribe the terms and conditions of licenses issued under this section, except that the licenses shall be revocable at the pleasure of the Governor and except that, upon revocation of a license hereunder, the licensee shall, immediately or upon such reasonable notice as the Governor prescribes, vacate the licensed area, remove therefrom all improvements which he may have placed upon the licensed area, and restore the licensed area to a condition satisfactory to the Governor, and the licensee may not be entitled to indemnification for the value of the improvements.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Licenses issued by authority of the Governor prior to August 10, 1949, and still in force, covering the use of tracts of land for agricultural purposes are ratified and confirmed in accordance with the terms and conditions applicable to them, respectively. Upon the rev-<page identifier="/us/stat/76a/26">26</page>ocation of any of such licenses the terms and conditions applicable to which are such as to provide for compensation to the licensee in the reasonable value of the improvements made by him on said tract, to be determined in such manner as the Governor may direct, the compensation is authorized so to be determined and to be paid out of any moneys appropriated for that purpose, except that no compensation may be paid in the case of a license revoked on account of a material breach by the licensee of the terms and conditions applicable to his license, or where the licensee has abandoned the license, or in case of the death of the licensee.</content> </subsection> </section> <section> <num value="334">§ 334. </num> <heading>Revocable licenses for lots in town sites</heading> <content>The Governor or his designee may execute licenses for lots in town sites in the Canal Zone, revocable at the pleasure of the Governor. Upon revocation of a license, the licensee shall vacate and remove improvements at once without indemnity.</content> </section> </chapter> <chapter> <num class="bold" value="15">CHAPTER 15—</num><heading class="bold">PUBLIC PROPERTY AND PROCUREMENT</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>371.</designator> <label>Acquisition or construction of structures, equipment, and improvements.</label></referenceItem> <referenceItem role="section"><designator>372.</designator> <label>Transfers of properties between departments and agencies.</label></referenceItem> </toc> <section> <num value="371">§ 371. </num> <heading>Acquisition or construction of structures, equipment, and improvements</heading> <chapeau>Within the limits of available funds, the Governor may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>purchase or otherwise acquire equipment; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>within the Canal Zone, purchase or otherwise acquire, construct, repair, replace, alter, or enlarge any building, structure, or other improvement—</content> </paragraph> <continuation>when in his judgment the action is necessary for the civil government, including health, sanitation, and protection of the Canal Zone.</continuation> </section> <section> <num value="372">§ 372. </num> <heading>Transfers of properties between departments and agencies</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>In the interest of economy and maximum efficiency in the utilization of Government property and facilities, there are authorized to be transferred between departments and agencies, with or without exchange of funds, all or so much of the facilities, buildings, structures, improvements, stock and equipment, of their activities located in the Canal Zone, as may be mutually agreed upon by the departments and agencies involved and approved by the Director of the Bureau of the Budget.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>With respect to transfers without exchange of funds, transfers:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to or from the Panama Canal Company are subject to section 62 of this title; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to or from the Canal Zone Government shall be at such appropriate amounts as are agreed upon between the Canal Zone Government and the departments or agencies concerned and approved by the Director of the Bureau of the Budget.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>In determining the amounts referred to in paragraph (2) of subsection (b) of this section, due consideration must be given to the cost of the transferred assets, or usable value to the transferee if clearly less than cost, and adequate provision made for depreciation of properties and equipment, obsolete or otherwise unusable inventories, and other reasonably determinable shrinkages in values. The amounts shall be added to or deducted from the investment of the United States in the Canal Zone Government as applicable.</content> </subsection> </section> </chapter> <page identifier="/us/stat/76a/27">27</page> <chapter> <num class="bold" value="17">CHAPTER 17—</num><heading class="bold">TOLLS FOR USE OF CANAL</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>411.</designator> <label>Prescription of measurement rules and tolls.</label></referenceItem> <referenceItem role="section"><designator>412.</designator> <label>Bases of tolls.</label></referenceItem> </toc> <section> <num value="411">§ 411. </num> <heading>Prescription of measurement rules and tolls</heading> <chapeau>The Panama Canal Company may prescribe, and from time to time change:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the rules for the measurement of vessels for the Panama Canal; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>subject to section 412 of this title, the tolls that shall be levied for the use of the Canal.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The rules of measurement and the tolls prevailing on January 2, 1963, shall continue in effect until changed as provided in this section.</continuation> <continuation class="indent0 firstIndent0 fontsize10">The Company shall give six months’ notice, by publication in the Federal Register, of proposed changes in basic rules of measurement and of changes in rates of tolls, during which period a public hearing shall be conducted.</continuation> <continuation class="indent0 firstIndent0 fontsize10">Changes in basic rules of measurement and changes in rates of tolls shall be subject to, and shall take effect upon, the approval of the President of the United States, whose action in such matters shall be final.</continuation> </section> <section> <num value="412">§ 412. </num> <heading>Bases of tolls</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Tolls on merchant vessels, army and navy transports, colliers, tankers, hospital ships, supply ships, and yachts shall be based on net vessel-tons of one hundred cubic feet each of actual earning capacity determined in accordance with the rules for the measurement of vessels for the Panama Canal, and tolls on other floating craft shall be based on displacement tonnage. The tolls on vessels in ballast without passengers or cargo may be less than the tolls for vessels with passengers or cargo.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Tolls shall be prescribed at rates calculated to cover, as nearly as practicable, all costs of maintaining and operating the Panama Canal, together with the facilities and appurtenances related thereto, including interest and depreciation, and an appropriate share of the net costs of operation of the agency known as the Canal Zone Government. In the determination of the appropriate share, substantial weight shall be given to the ratio of the estimated gross revenues from tolls to the estimated total gross revenues of the Panama Canal Company exclusive of the cost of commodities resold, and exclusive of revenues arising from transactions within the Company or from transactions with the Canal Zone Government.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The President of the United States may require vessels operated by the United States, including warships, naval tenders, colliers, tankers, transports, hospital ships, and other vessels owned or chartered by the United States for transporting troops or supplies, and ocean-going training ships owned by the United States and operated by State nautical schools, to pay tolls. If, however, they are not required to pay tolls, the tolls thereon shall nevertheless be computed and the amounts thereof shall be treated as revenues of the Panama Canal Company for the purpose of prescribing the rates of tolls, and shall be offset against the obligations of the Company under subsections (e) and (g) of section 62 of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The levy of tolls is subject to the provisions of section 1 of article III of the treaty between the United States of America and Great Britain signed November 18, 1901, of articles XVIII and XIX of the convention between the United States of America and the Republic of Panama concluded on November 18, 1903, and of article I of the treaty between the United States of America and the Republic of Colombia signed April 6, 1914.</content> </subsection> <page identifier="/us/stat/76a/28">28</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>Capital investment for interest purposes shall not include any interest during construction.</content> </subsection> </section> </chapter> <chapter> <num class="bold" value="19">CHAPTER 19—</num><heading class="bold">PUBLIC WRITINGS AND RECORDS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>451.</designator> <label>Inspection by persons having legitimate interest; judicial records.</label></referenceItem> <referenceItem role="section"><designator>452.</designator> <label>Public officers must give copies.</label></referenceItem> <referenceItem role="section"><designator>453.</designator> <label>Removal of public records.</label></referenceItem> <referenceItem role="section"><designator>471.</designator> <label>Declaration and findings.</label></referenceItem> <referenceItem role="section"><designator>472.</designator> <label>Construction, maintenance, and operation of bridge.</label></referenceItem> </toc> <section> <num value="451">§ 451. </num> <heading>Inspection by persons having legitimate interest; judicial records</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Except as otherwise provided by subsection (b) of this section, section 271(b) of Title 3, or any other law, every person, who has a legitimate interest therein, has the right to inspect and take a copy of any public writing or record of the Canal Zone.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Attorneys admitted to practice in the Canal Zone and other officers of the court may examine judicial records without the necessity for showing a legitimate interest therein.</content> </subsection> </section> <section> <num value="452">§ 452. </num> <heading>Public officers must give copies</heading> <content>Every public officer having the custody of a public writing or record that a person has a right to inspect pursuant to section 451 of this title must give him, on demand, a certified copy of it, on payment of the legal fees therefor.</content> </section> <section> <num value="453">§ 453. </num> <heading>Removal of public records</heading> <content>The record of a conveyance of real property, or any other record, a transcript of which is admissible in evidence, must not be removed from the office where it is kept, except upon the order of a court, in cases where the inspection or the record is shown to be essential to the just determination of the cause of proceeding pending, or where the court is held in the same building with such office.</content> </section> </chapter> <chapter> <num class="bold" value="21">CHAPTER 21—</num><heading class="bold">BRIDGES</heading> <section> <num value="471">§ 471. </num> <heading>Declaration and findings</heading> <chapeau>It is declared that:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the United States is obligated under the terms of point 4 of the General Relations Agreement between the United States and the Republic of Panama, effected by an exchange of notes signed at Washington on May 18, 1942 (Executive Agreement Series Numbered 452), to construct a tunnel under, or a bridge over, the Panama Canal at Balboa;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a high-level bridge at that point would be more desirable than a tunnel;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the Panama Canal Company should administer the construction, maintenance, and operation of the bridge and the approaches thereto; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the expenses of construction, maintenance, and operation of the bridge and the approaches thereto should be treated as extraordinary expenses incurred through a direction based on national policy and not related to the operations of the Panama Canal Company.</content> </paragraph> </section> <section> <num value="472">§ 472. </num> <heading>Construction, maintenance, and operation of bridge</heading> <content>The Panama Canal Company shall construct, maintain, and operate a high-level bridge, including approaches, over the Panama Canal at Balboa, Canal Zone.</content> </section> </chapter> </part> <page identifier="/us/stat/76a/29">29</page> <part> <num class="bold" value="2">PART 2—</num><heading class="bold">REGULATION</heading> <toc> <headingItem> <designator class="smallCaps">Chapter</designator> <label/> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>51.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Aeronautics</inline></label> <target>701</target></referenceItem> <referenceItem role="chapter"><designator>53.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Alcoholic Beverages</inline></label> <target>731</target></referenceItem> <referenceItem role="chapter"><designator>55.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Customs Service</inline></label> <target>761</target></referenceItem> <referenceItem role="chapter"><designator>57.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Domestic Animals</inline></label> <target>811</target></referenceItem> <referenceItem role="chapter"><designator>59.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Exclusion and Deportation of Persons</inline></label> <target>841</target></referenceItem> <referenceItem role="chapter"><designator>61.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Foreign Corporations Generally</inline></label> <target>871</target></referenceItem> <referenceItem role="chapter"><designator>63.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Health and Safety</inline></label> <target>911</target></referenceItem> <referenceItem role="chapter"><designator>65.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Highways, Roads, and Bridges; Vehicles</inline></label> <target>1001</target></referenceItem> <referenceItem role="chapter"><designator>67.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Internal Security</inline></label> <target>1051</target></referenceItem> <referenceItem role="chapter"><designator>69.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Notaries Public</inline></label> <target>1071</target></referenceItem> <referenceItem role="chapter"><designator>71.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Oaths and Witnesses</inline></label> <target>1101</target></referenceItem> <referenceItem role="chapter"><designator>73.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Postal Service</inline></label> <target>1131</target></referenceItem> <referenceItem role="chapter"><designator>75.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Professions and Occupations</inline></label> <target>1171</target></referenceItem> <referenceItem role="chapter"><designator>77.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Railroads</inline></label> <target>1261</target></referenceItem> <referenceItem role="chapter"><designator>79.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Securities Sales Law</inline></label> <target>1291</target></referenceItem> <referenceItem role="chapter"><designator>81.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Shipping and Navigation</inline></label> <target>1831</target></referenceItem> <referenceItem role="chapter"><designator>83.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Sports and Amusements</inline></label> <target>1411</target></referenceItem> <referenceItem role="chapter"><designator>85.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Taxes and Licenses</inline></label> <target>1441</target></referenceItem> <referenceItem role="chapter"><designator>87.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Wildlife; Hunting and Fishing</inline></label> <target>1471</target></referenceItem> <referenceItem role="chapter"><designator>89.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Publication of Regulations</inline></label> <target>1541</target></referenceItem> </toc> <chapter> <num class="bold" value="51">CHAPTER 51—</num><heading class="bold">AERONAUTICS</heading> <toc> <headingItem> <designator>Sec.</designator> <label/> </headingItem> <referenceItem role="section"><designator>701.</designator> <label>Air navigation; regulations.</label></referenceItem> <referenceItem role="section"><designator>702.</designator> <label>Penalties for violation.</label></referenceItem> </toc> <section> <num value="701">§ 701. </num> <heading>Air navigation; regulations</heading> <content>The Government of the United States possesses, to the exclusion of all foreign nations, sovereign rights, power, and authority over the air space above the lands and waters of the Canal Zone. Until Congress otherwise provides, the President shall prescribe, and from time to time may amend, regulations governing aircraft, air navigation, air-navigation facilities, and aeronautical activities within the Canal Zone.</content> </section> <section> <num value="702">§ 702. </num> <heading>Penalties for violation</heading> <content>Whoever violates a regulation issued under section 701 of this title shall be fined not more than $500 or imprisoned in jail not more than one year, or both.</content> </section> </chapter> <chapter> <num class="bold" value="53">CHAPTER 53—</num><heading class="bold">ALCOHOLIC BEVERAGES</heading> <toc> <headingItem> <designator>Sec.</designator> <label/> </headingItem> <referenceItem role="section"><designator>731.</designator> <label>Regulation of manufacture, sale, etc.</label></referenceItem> <referenceItem role="section"><designator>732.</designator> <label>Penalties for violation.</label></referenceItem> </toc> <section> <num value="731">§ 731. </num> <heading>Regulation of manufacture, sale, etc.</heading> <chapeau>The President shall prescribe, and from time to time may amend, regulations relating to the:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>manufacture and sale of alcoholic beverages in the Canal Zone, and licenses and fees therefor; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>importation of alcoholic beverages into, and exportation thereof from, the Canal Zone.</content> </paragraph> </section> <section> <num value="732">§ 732. </num> <heading>Penalties for violation</heading> <content>Whoever violates a regulation issued pursuant to section 731 of this title shall be fined not more than $500 or imprisoned in jail not more than six months, or both, and, in addition, his license may be revoked or suspended as the President may prescribe by the regulations so issued.</content> </section> </chapter> <page identifier="/us/stat/76a/30">30</page> <chapter> <num class="bold" value="5">CHAPTER 55—</num><heading class="bold">CUSTOMS SERVICE</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">generally</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>761.</designator> <label>Control, by Governor, of articles or merchandise; regulations.</label></referenceItem> <referenceItem role="section"><designator>762.</designator> <label>Powers of customs officers.</label></referenceItem> <referenceItem role="section"><designator>763.</designator> <label>Fees of customs officers.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">offenses and penalties; other enforcement provisions</inline></label></referenceItem> <referenceItem role="section"><designator>781.</designator> <label>Customs offenses generally; penalties.</label></referenceItem> <referenceItem role="section"><designator>782.</designator> <label>Seizure and confiscation of articles illegally imported or obtained.</label></referenceItem> <referenceItem role="section"><designator>783.</designator> <label>Penalty for omitting merchandise from manifest; forfeiture; exception.</label></referenceItem> <referenceItem role="section"><designator>784.</designator> <label>Penalty for omission of sea stores from list or landing of sea stores; forfeiture.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Generally</heading> <section> <num value="761">§ 761. </num> <heading>Control, by Governor, of articles or merchandise; regulations</heading> <chapeau>The Governor has control, for customs purposes, over all articles introduced into the Canal Zone, including passengers’ baggage, and shall establish, and from time to time may amend, regulations governing the:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>entry and importation of goods into the Canal Zone; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>disposition of goods brought into the Canal Zone in violation of the regulations.</content> </paragraph> </section> <section> <num value="762">§ 762. </num> <heading>Powers of customs officers</heading> <chapeau>Customs officers in the Canal Zone, including deputy shipping commissioners and boarding officers when performing duties in relation to customs, have general powers of search, seizure, and arrest. In the exercise of these powers, they may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>enter any building other than a dwelling house;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>stop vessels and vehicles;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>search vessels, vehicles, and their contents; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>stop and search persons and packages carried by them.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Rights of entry, stopping, search, seizure, and arrest conferred by this section shall be exercised only when there are reasonable grounds for suspecting violations of the customs regulations issued pursuant to section 761 of this title or of the United States applicable in the Canal Zone.</continuation> </section> <section> <num value="763">§ 763. </num> <heading>Fees of customs officers</heading> <chapeau>A customs officer of the Canal Zone may collect a fee, equivalent to the fee prescribed by the United States consular regulations for the same act or service when performed by consular officials, whenever he:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>certifies an invoice, landing certificate, or other similar document;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>registers a marine note of protest; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>performs any notarial service.</content> </paragraph> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Offenses and Penalties; Other Enforcement Provisions</heading> <section> <num value="781">§ 781. </num> <heading>Customs offenses generally; penalties</heading> <chapeau>Whoever:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>enters or imports, or attempts to enter or import, any articles or merchandise into the Canal Zone before the entry or importation thereof has been approved by the proper officers of the Canal Zone; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>passes, or attempts to pass, a false, forged, or fraudulent invoice, bill, or other paper, for the purpose of securing the entry <page identifier="/us/stat/76a/31">31</page>or importation of any articles or merchandise into the Canal Zone in violation of the regulations issued pursuant to section 761 of this title; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>violates a regulation issued pursuant to section 761 of this title—shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </paragraph> </section> <section> <num value="782">§ 782. </num> <heading>Seizure and confiscation of articles illegally imported or obtained</heading> <content>Articles brought into or obtained in the Canal Zone in violation of regulations issued pursuant to section 761 of this title may be seized and held, and, unless entered in conformity with the regulations within a period of 30 days from the date of seizure, may be confiscated and disposed of as provided in the regulations.</content> </section> <section> <num value="783">§ 783. </num> <heading>Penalty for omitting merchandise from manifest; forfeiture; exception</heading> <content>If a vessel arriving at the Canal Zone from a port, other than a port in the Canal Zone or the Republic of Panama, is found to have on board merchandise not manifested, the master of the vessel shall be liable to a penalty equal in amount to the value of the merchandise not manifested, and the merchandise belonging to or consigned to or for the officers or crew of the vessel shall be forfeited. The penalty may not be imposed if it is made to appear to the customs officers, or to the court in which the trial is held, that no part of the cargo has been unloaded except as accounted for in the master’s report, and that the errors and omissions in the manifest were made without fraud or collusion. In that case the master may be allowed to correct his manifest by means of a post entry. A permit may not be granted to unload merchandise so omitted from the manifest before post entry or addition to report or manifest has been made.</content> </section> <section> <num value="784">§ 784. </num> <heading>Penalty for omission of sea stores from list or landing of sea stores; forfeiture</heading> <content>If sea stores are found on board a vessel from a port, other than a port in the Canal Zone or the Republic of Panama, which are not specified in the list furnished the boarding officer, or if a greater quantity of sea stores is found than that specified in the list, or if sea stores are landed without a permit being first obtained from the customs officer for that purpose, the master of the vessel shall be liable to a penalty treble the value of the sea stores so omitted or landed, and the sea stores so omitted or landed shall be seized and forfeited.</content> </section> </subchapter> </chapter> <chapter> <num class="bold" value="57">CHAPTER 57—</num><heading class="bold">DOMESTIC ANIMALS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>811.</designator> <label>Regulations relating to the keeping and impounding of domestic animals.</label></referenceItem> <referenceItem role="section"><designator>812.</designator> <label>Penalties for violation.</label></referenceItem> </toc> <section> <num value="811">§ 811. </num> <heading>Regulations relating to the keeping and impounding of domestic animals</heading> <chapeau>The Governor shall prescribe, and from time to time may amend, regulations:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>governing the keeping of domestic animals within the Canal Zone;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>prescribing where and under what conditions domestic animals may be permitted to be at large, and when, where and under what conditions domestic animals shall be confined; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>providing for the:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>impounding of animals;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>charges to be paid for the impounding and care of animals if claimed by the owner;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>disposition of unclaimed animals; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">(D) </num> <content>disposition of the proceeds of the sale of unclaimed animals, if sold.</content> </subparagraph> </paragraph> </section> <page identifier="/us/stat/76a/32">32</page> <section> <num value="812">§ 812. </num> <heading>Penalties for violation</heading> <content>Whoever violates a regulation issued pursuant to section 811 of this title shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </chapter> <chapter> <num class="bold" value="59">CHAPTER 59—</num><heading class="bold">EXCLUSION AND DEPORTATION OF PERSONS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>841.</designator> <label>Regulations governoring entry, passage, detention, and deportation of persons; penalties.</label></referenceItem> <referenceItem role="section"><designator>842.</designator> <label>Punishment for returning after imprisonment and deportation.</label></referenceItem> <referenceItem role="section"><designator>843.</designator> <label>Revocation of deportation order or permission to re-enter temporarily; punishment for violation.</label></referenceItem> </toc> <section> <num value="841">§ 841. </num> <heading>Regulations governing entry, passage, detention, and deportation of persons; penalties</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The President shall prescribe, and from time to time may amend, regulations governing the:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>rights of persons to enter, remain upon or pass over any part of the Canal Zone; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>detention of persons entering the Canal Zone in violation of the regulations, and their return to the countries whence they came, on the vessels bringing them to the Canal Zone, or other vessels belonging to the same owners or interests, and at the expense of the owners or interests.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Whoever violates a regulation issued pursuant to this section shall be fined not more than $500 or imprisoned in jail not more than one year, or both.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The Canal Zone Government may withhold the clearance of a vessel referred to in subsection (a)(2) of this section until any fine imposed pursuant to subsection (b) of this section and the cost of maintenance of the person convicted are paid.</content> </subsection> </section> <section> <num value="842">§ 842. </num> <heading>Punishment for returning after imprisonment and deportation</heading> <content>Except as provided by section 843 of this title, whoever, after having served a sentence of imprisonment in the Canal Zone and having been deported therefrom, voluntarily enters the Canal Zone for any purpose, shall be imprisoned in the penitentiary not more than two years, or in jail not more than one year.</content> </section> <section> <num value="843">§ 843. </num> <heading>Revocation of deportation order or permission to re-enter temporarily; punishment for violation</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The Governor may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>at any time, for good cause shown, revoke an order deporting a person following service of a sentence of imprisonment in the Canal Zone; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by permit or regulations, authorize a person who has been deported following service of a sentence of imprisonment in the Canal Zone to pass through or return temporarily to the Canal Zone, and prescribe the route over which he must travel while in the Canal Zone.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Whoever violates the terms of a permit or of a regulation issued pursuant to subsection (a)(2) of this section, or remains in the Canal Zone after the expiration of his permit, shall be punished as provided by section 842 of this title.</content> </subsection> </section> </chapter> <page identifier="/us/stat/76a/33">33</page> <chapter> <num class="bold" value="61">CHAPTER 61—</num><heading class="bold">FOREIGN CORPORATIONS GENERALLY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>871.</designator> <label>Corporation; joint stock company.</label></referenceItem> <referenceItem role="section"><designator>872.</designator> <label>Application for license to do business; service of process; filing fee.</label></referenceItem> <referenceItem role="section"><designator>873.</designator> <label>Additional requirements for insurance companies.</label></referenceItem> <referenceItem role="section"><designator>874.</designator> <label>Annual statement and license tax for insurance companies.</label></referenceItem> <referenceItem role="section"><designator>875.</designator> <label>Issuance of license.</label></referenceItem> <referenceItem role="section"><designator>876.</designator> <label>Continuance after first license period.</label></referenceItem> <referenceItem role="section"><designator>877.</designator> <label>Revocation of license.</label></referenceItem> <referenceItem role="section"><designator>878.</designator> <label>Loss of benefit of statute of limitations.</label></referenceItem> <referenceItem role="section"><designator>879.</designator> <label>Penalties for violation; validity of contracts.</label></referenceItem> <referenceItem role="section"><designator>880.</designator> <label>Corporations dealing in securities.</label></referenceItem> <referenceItem role="section"><designator>881.</designator> <label>Surrender of license to do business.</label></referenceItem> <referenceItem role="section"><designator>882.</designator> <label>Service of process after revocation or surrender of license.</label></referenceItem> </toc> <section> <num value="871">§ 871. </num> <heading>Corporation; joint stock company</heading> <content>As used in this chapter, “corporation” includes joint stock companies.</content> </section> <section> <num value="872">§ 872. </num> <heading>Application for license to do business; service of process; filing fee</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A corporation organized under the laws of a State of the United States or of a foreign country may not do business in the Canal Zone or maintain an office therein until it has filed with the executive secretary of the Canal Zone Government:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>an application for a license setting forth:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the name of the corporation;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the names of its officers and directors; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the general nature of the business in which it desires to engage in the Canal Zone;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>a copy, duly certified by the officer authorized by law to certify it, of the:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>articles of incorporation;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>charter; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>statutory, executive, or governmental acts creating the corporation, when it has been so created;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>an affidavit sworn by an authorized officer of the corporation stating the amount of its authorized capital stock at or within 60 days prior to the filing.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a designation of a person residing within the Canal Zone upon whom process issued under any law of the Canal Zone may be served, and his place of business or residence, and a certified copy of the minutes of the board of directors of the corporation authorizing the designation.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Process served on the person designated by the corporation or, if he can not be found at the place designated, or if a person is not designated, on the executive secretary of the Canal Zone Government, is a valid service on the corporation. When the executive secretary is served with process he shall without delay communicate the same to the corporation concerned at its last known address. A default judgment may not be entered against the corporation in an action in which process is served on the executive secretary until at least 60 days after the date of the service.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>A corporation licensed pursuant to this chapter shall also file with the executive secretary any change in the provisions of its original articles of incorporation.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>With the application for license there shall also be paid $10, which shall cover the filing fee and annual license fee for the remainder of the calendar year during which the license is issued.</content> </subsection> </section> <page identifier="/us/stat/76a/34">34</page> <section> <num value="873">§ 873. </num> <heading>Additional requirements for insurance companies</heading> <chapeau>In addition to the other requirements of this chapter, an insurance company organized under the laws of a State of the United States or of a foreign country shall file the following documents:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a certificate of an authorized official, showing that the company is authorized to transact business in the State or country under whose laws the company is organized;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a duly certified copy of the last annual statement of the insurance company to an authorized official in the State or country where the company is organized;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a deposit with the executive secretary of the Canal Zone Government of $10,000 in cash or current marketable securities, which shall be held in trust by the executive secretary for the account of the company, to satisfy any judgment that may be rendered against the company, under insurance policies that it may issue.</content> </paragraph> </section> <section> <num value="874">§ 874. </num> <heading>Annual statement and license tax for insurance companies</heading> <content> <p class="indent0 firstIndent1 fontsize10">An insurance company licensed pursuant to this chapter shall file with the executive secretary of the Canal Zone Government before March 1 of each year a verified statement showing the business transacted within the Canal Zone by the company during the previous calendar year and a duly certified copy of its annual report to an authorized official of the State or country in which the company is organized. Upon a showing of good cause therefor, the executive secretary may extend the time for filing the statement for a period not exceeding two months after March 1.</p> <p class="indent0 firstIndent1 fontsize10">An insurance company licensed pursuant to this chapter shall pay before March 1 of each year, in lieu of all other taxes except the annual fee provided for by section 876 of this title, a license tax equal to 1½ percent of its net premium receipts in the Canal Zone for the preceding calendar year.</p> </content> </section> <section> <num value="875">§ 875. </num> <heading>Issuance of license</heading> <content>Upon compliance by a corporation with the conditions prescribed by sections 872–874 of this title, and if the Governor is satisfied that the business desired to be transacted is proper, legitimate and permissible under the laws of the Canal Zone, and not in conflict with the policy of administering the Canal Zone as an adjunct of the Panama Canal, he may issue a license to do business in the Canal Zone.</content> </section> <section> <num value="876">§ 876. </num> <heading>Continuance after first license period</heading> <chapeau>The right of a corporation to continue to do business for the calendar year, and the successive calendar years, after the calendar year during which the original license was issued, shall be contingent upon:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>compliance with the provisions of this chapter applicable to corporations licensed under it;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>payment of a license fee of $10, payable in advance, on January 1 of each year; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>designation of a new process agent before March 1, if the process agent previously designated has ceased during a preceding calendar year to reside within the Canal Zone.</content> </paragraph> </section> <section> <num value="877">§ 877. </num> <heading>Revocation of license</heading> <content>The Governor may revoke a license issued pursuant to this chapter if, upon examination, he is satisfied that the operations of the corporation are conducted in an illegal manner, or in a manner contrary to public policy or to the policy of administering the Canal Zone as an adjunct of the Panama Canal.</content> </section> <page identifier="/us/stat/76a/35">35</page> <section> <num value="878">§ 878. </num> <heading>Loss of benefit of statute of limitations</heading> <content>Corporations doing business in the Canal Zone which fail to comply with this chapter are not entitled to the benefit of the laws of the Canal Zone limiting the time for the commencement of civil actions.</content> </section> <section> <num value="879">§ 879. </num> <heading>Penalties for violation; validity of contracts</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A corporation which does business in the Canal Zone without having complied with this chapter shall be fined not more than $500.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Whoever acts as an officer of, or agent for, a corporation which has not complied with this chapter, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Every contract made by or on behalf of such a corporation affecting the liability thereof or relating to property within the Canal Zone is void on its behalf and on behalf of its assigns, but is enforceable against it or them.</content> </subsection> </section> <section> <num value="880">§ 880. </num> <heading>Corporations dealing in securities</heading> <content>A corporation licensed pursuant to chapter 79 of this title is not required to comply with sections 871–879 of this title.</content> </section> <section> <num value="881">§ 881. </num> <heading>Surrender of license to do business</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A corporation licensed to do business in the Canal Zone may surrender its license by filing with the executive secretary of the Canal Zone Government a certificate signed and acknowledged by its president or a vice president and its secretary or an assistant secretary or treasurer, setting forth:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the name of the corporation as shown on the records of the executive secretary, and the State or place of incorporation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that it revokes its designation of agent for the service of process;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that it surrenders its authority to do business in the Canal Zone and returns its license for cancellation, or that the license has been lost or destroyed, if such is the fact;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>that it consents that process against it in any action upon a liability or obligation incurred within the Canal Zone prior to the filing of the certificate of surrender may be served upon the executive secretary of the Canal Zone Government;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>a post office address to which the executive secretary may mail a copy of any process served upon him, which address may be changed from time to time by filing a certificate entitled “certificate of change of address of surrendered foreign corporation” signed and acknowledged by the president, a vice president, secretary, assistant secretary, or treasurer.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The license shall be attached to the certificate of surrender unless the license has been lost or destroyed, in which case there shall be attached an affidavit of the president, vice president, secretary, assistant secretary, or treasurer to that effect.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Mere retirement from doing business in the Canal Zone without filing a certificate of surrender of license does not revoke the appointment of any agent for the service of process within the Canal Zone.</content> </subsection> </section> <section> <num value="882">§ 882. </num> <heading>Service of process after revocation or surrender of license</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>After the license of a corporation has been revoked or surrendered, process against the corporation may be served upon the executive secretary of the Canal Zone Government in any action upon a liability or obligation incurred within the Canal Zone prior to the revocation or the filing of the certificate of surrender.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Section 872(b) of this title applies to service of process upon the executive secretary pursuant to this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The revocation or surrender of a license does not affect any action pending at the time.</content> </subsection> </section> </chapter> <page identifier="/us/stat/76a/36">36</page> <chapter> <num class="bold" value="63">CHAPTER 63—</num><heading class="bold">HEALTH AND SAFETY</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">health, sanitation, and quarantine</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>811.</designator> <label>Regulations of the President.</label></referenceItem> <referenceItem role="section"><designator>812.</designator> <label>Penalties for violation.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">fire prevention</inline></label></referenceItem> <referenceItem role="section"><designator>831.</designator> <label>Regulations for fire protection.</label></referenceItem> <referenceItem role="section"><designator>832.</designator> <label>Penalties for violation.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">fireworks</inline></label></referenceItem> <referenceItem role="section"><designator>851.</designator> <label>Regulations prohibiting or governing sale or use of fireworks.</label></referenceItem> <referenceItem role="section"><designator>852.</designator> <label>Penalties for violation.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Health, Sanitation, and Quarantine</heading> <section> <num value="911">§ 911. </num> <heading>Regulations of the President</heading> <content>The President shall prescribe, and from time to time may amend, regulations governing matters of health, sanitation and quarantine for the Canal Zone.</content> </section> <section> <num value="912">§ 912. </num> <heading>Penalties for violation</heading> <chapeau>Whoever violates a regulation issued pursuant to section 911 of this title shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if it is a health or sanitation regulation, be fined not more than $100 or imprisoned in jail not more than 30 days, or both; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if it is a quarantine regulation, be fined not more than $500 or imprisoned in jail not more than 90 days, or both.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Each day the violation continues constitutes a separate offense.</continuation> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Fire Prevention</heading> <section> <num value="931">§ 931. </num> <heading>Regulations for fire protection</heading> <content> <p class="indent0 firstIndent1 fontsize10">The Governor shall prescribe, and from time to time may amend, regulations for the prevention of, and protection against, fires in the Canal Zone.</p> <p class="indent0 firstIndent1 fontsize10">Regulations issued pursuant to this section have no force within the boundaries of military or naval reservations in the Canal Zone, unless they are prescribed with the concurrence of the officers commanding the military and naval forces in the Canal Zone, as to the reservations within their respective jurisdictions.</p> </content> </section> <section> <num value="932">§ 932. </num> <heading>Penalties for violation</heading> <content>Whoever violates a regulation issued pursuant to section 931 of this title shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Fireworks</heading> <section> <num value="951">§ 951 </num> <heading>Regulations prohibiting or governing sale or use of fireworks</heading> <content>The Governor may prescribe, and from time to time amend, such regulations prohibiting, limiting, or otherwise governing the sale and use of fireworks within the Canal Zone, or any parts thereof, as he deems necessary to public safety.</content> </section> <section> <num value="952">§ 952. </num> <heading>Penalties for violation</heading> <content>Whoever violates a regulation issued pursuant to section 951 of this title shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </subchapter> </chapter> <page identifier="/us/stat/76a/37">37</page> <chapter> <num class="bold" value="65">CHAPTER 65—</num><heading class="bold">HIGHWAYS, ROADS, AND VEHICLES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1001.</designator> <label>Regulations by the President.</label></referenceItem> <referenceItem role="section"><designator>1002.</designator> <label>Agreements with Panama for reciprocal regulations.</label></referenceItem> <referenceItem role="section"><designator>1003.</designator> <label>Penalties for violation.</label></referenceItem> </toc> <section> <num value="1001">§ 1001. </num> <heading>Regulations by the President</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Until otherwise provided by the Congress, the President may make, publish, and enforce, and from time to time amend, rules and regulations for the use of the public highways and roads in the Canal Zone, and for the regulation, licensing, and taxing of the use and operation of all self-propelled vehicles using the public highways and roads, including speed limit, signals, tags, license fees, and all detailed regulations which may, from time to time, be deemed necessary in the exercise of the authority hereby conferred.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The taxes on automobiles may be graded according to the value or the power of the machine.</content> </subsection> </section> <section> <num value="1002">§ 1002. </num> <heading>Agreements with Panama for reciprocal regulations</heading> <chapeau>The President may make mutual agreements with the Republic of Panama concerning:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the reciprocal use of the public highways and roads of the Canal Zone and the Republic of Panama by self-propelled vehicles;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>taxes and license fees; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>other matters of regulation to establish comity for the convenience of the residents of the two jurisdictions.</content> </paragraph> </section> <section> <num value="1003">§ 1003. </num> <heading>Penalties for violation</heading> <content>Whoever violates a regulation issued pursuant to section 1001 or 1002 of this title shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </chapter> <chapter> <num class="bold" value="67">CHAPTER 67—</num><heading class="bold">INTERNAL SECURITY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1051.</designator> <label>Photographing, etc., and possession of cameras in Canal Zone areas.</label></referenceItem> <referenceItem role="section"><designator>1052.</designator> <label>Penalties for violating regulations pursuant to section 1051.</label></referenceItem> </toc> <section> <num value="1051">§ 1051. </num> <heading>Photographing, etc., and possession of cameras in Canal Zone areas</heading> <chapeau>Whenever, in the interests of the protection of the Panama Canal and the Canal Zone, the Governor determines that a part or feature of the Panama Canal, or an area, object, installation, or structure within the Canal Zone, requires protection against the general dissemination of information relative thereto, he may prescribe, and from time to time amend, regulations prohibiting or restricting the:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>making of a photograph, sketch, drawing, map, or graphical representation of, within, or upon that part or feature of the Panama Canal, or that area, object, installation, or structure within the Canal Zone; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>possession of a camera within any area in the Canal Zone which the Governor designates.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Regulations issued pursuant to this section do not apply to activities of the kind covered by this section which are conducted or performed in the course of their official duties by persons in the service or employ of the United States.</continuation> </section> <section> <num value="1052">§ 1052. </num> <heading>Penalties for violating regulations pursuant to section 1051</heading> <content>Whoever violates a regulation issued pursuant to section 1051 of this title shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</content> </section> </chapter> <page identifier="/us/stat/76a/38">38</page> <chapter> <num class="bold" value="69">CHAPTER 69—</num><heading class="bold">NOTARIES PUBLIC</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1071.</designator> <label>Appointment and regulation by Governor.</label></referenceItem> </toc> <section> <num value="1071">§ 1071. </num> <heading>Appointment and regulation by Governor</heading> <chapeau>The Governor shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>appoint all notaries public; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>prescribe their powers and duties, their official seal, and the fees to be charged and collected by them.</content> </paragraph> </section> </chapter> <chapter> <num class="bold" value="71">CHAPTER 71—</num><heading class="bold">OATHS AND WITNESSES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1101.</designator> <label>Powers of certain officers and boards with respect to oaths, witnesses, etc.</label></referenceItem> <referenceItem role="section"><designator>1102.</designator> <label>Compelling attendance of witnesses and production of papers.</label></referenceItem> </toc> <section> <num value="1101">§ 1101. </num> <heading>Powers of certain officers and boards with respect to oaths, witnesses, etc.</heading> <chapeau>Members of the board of local inspectors, customs officers, quarantine officers, admeasurers, the coroner and deputy coroners, officers designated by the Governor or his designee to conduct hearings in reference to the exclusion and deportation of persons from the Canal Zone, and all administrative boards or officers authorized to take testimony, may, in connection with any investigation, hearing or inquest held by them, or with any other performance of their official duties:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>summon witnesses to testify in matters within their respective jurisdictions;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>administer oaths; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>require the production of books and papers necessary thereto.</content> </paragraph> </section> <section> <num value="1102">§ 1102. </num> <heading>Compelling attendance of witnesses and production of papers</heading> <chapeau>The district court may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>issue process at the request of the officers or boards designated by section 1101 of this title to compel the attendance of witnesses and the production of books and papers; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>punish for contempt of court a person who refuses to obey the process, or who refuses to be sworn or to answer a material or proper question after being duly sworn.</content> </paragraph> </section> </chapter> <chapter> <num class="bold" value="73">CHAPTER 73—</num><heading class="bold">POSTAL SERVICE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1131.</designator> <label>Application of Federal laws, rules, etc.; additional regulations.</label></referenceItem> <referenceItem role="section"><designator>1132.</designator> <label>Maintenance and operation of postal service.</label></referenceItem> <referenceItem role="section"><designator>1133.</designator> <label>Acceptance of postal-savings deposits.</label></referenceItem> <referenceItem role="section"><designator>1134.</designator> <label>Rate of interest on postal-savings certificates.</label></referenceItem> <referenceItem role="section"><designator>1135.</designator> <label>Faith of United States pledged to payment of deposits.</label></referenceItem> <referenceItem role="section"><designator>1136.</designator> <label>Control of money-order and postal-savings fees.</label></referenceItem> <referenceItem role="section"><designator>1137.</designator> <label>Deposit of money-order and postal-savings funds in the United States Treasury.</label></referenceItem> <referenceItem role="section"><designator>1138.</designator> <label>Deposit of money-order and postal-savings funds in banks; security.</label></referenceItem> <referenceItem role="section"><designator>1139.</designator> <label>Investment of money-order and postal-savings funds in securities of United States.</label></referenceItem> <referenceItem role="section"><designator>1140.</designator> <label>Interest and profits on money-order and postal-savings funds.</label></referenceItem> <referenceItem role="section"><designator>1141.</designator> <label>Application of chapter to prior deposit money orders.</label></referenceItem> <referenceItem role="section"><designator>1142.</designator> <label>Money orders unpaid after twenty years.</label></referenceItem> <referenceItem role="section"><designator>1143.</designator> <label>Payment of revenues into Treasury.</label></referenceItem> </toc> <section> <num value="1131">§ 1131. </num> <heading>Application of Federal laws, rules, etc.; additional regulations</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Except as otherwise provided by this Code, the postal service of the Canal Zone is governed by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the laws, rules, regulations, and conventions of the postal service of the United States which by their terms apply in the Canal Zone; and</content> </paragraph> <page identifier="/us/stat/76a/39">39</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>such additional laws, rules, and regulations as the Governor determines to be applicable to conditions existing in the Canal Zone,</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The Governor may prescribe regulations necessary for the maintenance and operation of the Canal Zone postal service.</content> </subsection> </section> <section> <num value="1132">§ 1132. </num> <heading>Maintenance and operation of postal service</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The Governor shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>maintain and operate a postal service in the Canal Zone, including a money-order system, a parcel-post system, a postal-saving system, and other services necessary or convenient in connection with the postal service;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>establish and discontinue post offices;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>except as provided by subsection (b) of this section, prescribe the postage rates; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>prescribe the postage stamps and other stamped paper which shall be used in the service.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Domestic postage rates in the United States are applicable in the Canal Zone to regular mail exchanged with the United States.</content> </subsection> </section> <section> <num value="1133">§ 1133. </num> <heading>Acceptance of postal-savings deposits</heading> <content>Under regulations prescribed by the Governor, post offices in the Canal Zone designated by him may receive postal-savings deposits, and issue therefor postal-savings certificates in the form prescribed by him.</content> </section> <section> <num value="1134">§ 1134. </num> <heading>Rate of interest on postal-savings certificates</heading> <content>Postal-savings certificates issued as provided by this chapter shall bear interest at such rate, not exceeding 3 percent per annum, as shall be established by the President.</content> </section> <section> <num value="1135">§ 1135. </num> <heading>Faith of United States pledged to payment of deposits</heading> <content>The faith of the United States is pledged to the payment of postal-savings certificates issued as provided by this chapter, with accrued interest thereon, in the same manner as such faith is pledged by law with respect to deposits made in postal-savings depository offices in the United States.</content> </section> <section> <num value="1136">§ 1136. </num> <heading>Control of money-order and postal-savings fees</heading> <content>The Governor shall control the funds, exclusive of fees, received from the issuance of money orders and postal-savings certificates by the Canal Zone postal service.</content> </section> <section> <num value="1137">§ 1137. </num> <heading>Deposit of money-order and postal-savings funds in the United States Treasury</heading> <content>The Governor may cause to be deposited in the United States Treasury for safekeeping, but subject to his control, any of the funds, excluding interest and fees therefrom, received from the issuance of money orders and postal-savings certificates. Under regulations prescribed by the Governor, the funds so deposited may be withdrawn from time to time.</content> </section> <section> <num value="1138">§ 1138. </num> <heading>Deposit of money-order and postal-savings funds in banks; security</heading> <content>The Secretary of the Treasury shall designate one or more national-banking associations to be depositories, under regulations prescribed by him, of funds received from the issuance of money orders and postal-savings certificates, excluding interest and fees therefrom, and shall require the associations thus designated to give satisfactory security, by the deposit of United States bonds or otherwise, for the safekeeping and prompt payment of the funds deposited with them. The associations shall give the security required.</content> </section> <page identifier="/us/stat/76a/40">40</page> <section> <num value="1139">§ 1139. </num> <heading>Investment of money-order and postal-savings funds in securities of United States</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The Governor may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>invest any of the funds specified by sections 1137 and 1138 of this title in securities of the United States;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>deposit the securities with the Treasurer of the United States for safekeeping; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>sell any of the securities when the sale is necessary or desirable in the interest of the postal service.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Before making purchases or sales of securities, the Governor shall request the advice of the Secretary of the Treasury.</content> </subsection> </section> <section> <num value="1140">§ 1140. </num> <heading>Interest and profits on money-order and postal-savings funds</heading> <content>The interest and profits received from the deposit in banks or the investment, as provided by this chapter, of money-order and postal-savings fund form a part of the Canal Zone postal revenues.</content> </section> <section> <num value="1141">§ 1141. </num> <heading>Application of chapter to prior deposit money orders</heading> <content>The provisions of this chapter relating to postal-savings certificates and the funds received therefrom apply equally to money orders issued in lieu of postal-savings certificates prior to August 12, 1940, and to the funds received therefrom.</content> </section> <section> <num value="1142">§ 1142. </num> <heading>Money orders unpaid after twenty years</heading> <content>Money orders issued by the Canal Zone postal service may not be paid after 20 years from the last day of the month of original issue. Claims for unpaid money orders are forever barred unless received by the Canal Zone postal service within the 20-year period. Funds accrued because of money orders remaining unpaid shall be treated as revenues of the Canal Zone postal service. The records of the service shall serve as the basis for adjudicating claims for payment of money orders.</content> </section> <section> <num value="1143">§ 1143. </num> <heading>Payment of revenues into Treasury</heading> <content>Revenues from operation of the Canal Zone postal service shall be paid into miscellaneous receipts of the United States Treasury.</content> </section> </chapter> <chapter> <num class="bold" value="75">CHAPTER 75—</num><heading class="bold">PROFESSIONS AND OCCUPATIONS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">architects and engineers</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1171.</designator> <label>Practice of architecture and engineering as subject to regulation.</label></referenceItem> <referenceItem role="section"><designator>1172.</designator> <label>Regulations authorized.</label></referenceItem> <referenceItem role="section"><designator>1173.</designator> <label>Investigations; subpoenas; witness fees.</label></referenceItem> <referenceItem role="section"><designator>1174.</designator> <label>Injunctions to restrain violations.</label></referenceItem> <referenceItem role="section"><designator>1175.</designator> <label>Penalties for violation of regulations.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">healing art</inline></label></referenceItem> <referenceItem role="section"><designator>1191.</designator> <label>Regulations as to practice of healing art.</label></referenceItem> <referenceItem role="section"><designator>1192.</designator> <label>Penalties for violation.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Architects and Engineers</heading> <section> <num value="1171">§ 1171. </num> <heading>Practice of architecture and engineering as subject to regulation</heading> <content>To safeguard life, health, and property and to promote the public welfare, the practice of architecture and engineering in the Canal Zone is subject to regulation in the public interest. It is further a matter of public interest and concern that the professions of architecture and engineering merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practice of architecture and engineering.</content> </section> <page identifier="/us/stat/76a/41">41</page> <section> <num value="1172">§ 1172. </num> <heading>Regulations authorized</heading> <chapeau>The Governor shall prescribe, and from time to time may amend, regulations for the Canal Zone governing the registration and practice of architects and professional engineers. The regulations may cover the:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>issuance, suspension, revocation, and reissuance of certificates of registration;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>certification of architects-in-training and engineers-intraining; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>levying of appropriate fees.</content> </paragraph> </section> <section> <num value="1173">§ 1173. </num> <heading>Investigations; subpoenas; witness fees</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>In the administration and enforcement of this subchapter and of the regulations prescribed thereunder, the Governor or his designee may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>investigate for unauthorized and unlawful practice;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>require the attendance of witnesses and the production of books and papers;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>require the witnesses to testify as to matters within his jurisdiction; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>issue subpoenas and administer oaths.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Upon failure of a person to attend as a witness when duly subpoenaed, or to produce documents or to testify when duly directed, the Governor or his designee may refer the matter to the district court, and the court may order the attendance of the witnesses or the production of the documents or require the witnesses to testify, as the case may be. Upon failure to comply with the order of the district court, the witness may be punished for contempt of court as for failure to obey a subpoena issued, or to testify, in a case pending before the court.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Witnesses in proceedings before the Governor or his designee shall be paid the same fees that are paid witnesses in the district court.</content> </subsection> </section> <section> <num value="1174">§ 1174. </num> <heading>Injunctions to restrain violations</heading> <content>The United States attorney may apply for relief by injunction to restrain a person from the commission of any act prohibited by the regulations established pursuant to section 1172 of this title. He need not allege or prove either that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from the continued violation of the regulations.</content> </section> <section> <num value="1175">§ 1175. </num> <heading>Penalties for violation of regulations</heading> <content>Whoever violates a regulation issued pursuant to section 1172 of this title shall be fined not more than $500 or imprisoned in jail not more than one year, or both.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Healing Art</heading> <section> <num value="1191">§ 1191. </num> <heading>Regulations as to practice of healing art</heading> <content>The President shall prescribe, and from time to time may amend, regulations governing the issuance of licenses to practice the healing art, and the conditions under which the licenses may be revoked for cause.</content> </section> <section> <num value="1192">§ 1192. </num> <heading>Penalties for violation</heading> <content>Whoever violates a regulation issued pursuant to section 1191 of this title shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. Each day the violation continues constitutes a separate offense.</content> </section> </subchapter> </chapter> <page identifier="/us/stat/76a/42">42</page> <chapter> <num class="bold" value="77">CHAPTER 77—</num><heading class="bold">RAILROADS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1261.</designator> <label>Application of Safety Appliance Acts.</label></referenceItem> <referenceItem role="section"><designator>1262.</designator> <label>Running boards, ladders, sill steps, roof handholds, and brake shafts.</label></referenceItem> <referenceItem role="section"><designator>1263.</designator> <label>Maintenance of appliances in good and working order.</label></referenceItem> </toc> <section> <num value="1261">§ 1261. </num> <heading>Application of Safety Appliance Acts</heading> <content>The requirements of the Safety Appliance Acts (45 U.S.C, secs. 1–10), relating to the use on trains of certain described and approved driving-wheel and train brakes, couplers, handholds, and draw bars of required height for freight cars, apply in the Canal Zone.</content> </section> <section> <num value="1262">§ 1262. </num> <heading>Running boards, ladders, sill steps, roof handholds, and brake shafts</heading> <content>The various appliances for the protection of trainmen on freight train cars, with reference to running boards, ladders, sill steps, roof handholds, and the position of brake shafts, as designated in the standards of the Association of American Railroads—Mechanical Division, shall be used by all carriers in the Canal Zone.</content> </section> <section> <num value="1263">§ 1263. </num> <heading>Maintenance of appliances in good and working order</heading> <content>The equipment and appliances required by sections 1261 and 1262 of this title to be used shall be maintained in good and working order, at all times, by every railroad engaged in the business of a common carrier and operating in the Canal Zone.</content> </section> </chapter> <chapter> <num class="bold" value="79">CHAPTER 79—</num><heading class="bold">SECURITIES SALES LAW</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1291.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>1292.</designator> <label>Permit to sell securities.</label></referenceItem> <referenceItem role="section"><designator>1293.</designator> <label>Process agent; service of process; surrender of permit.</label></referenceItem> <referenceItem role="section"><designator>1294.</designator> <label>Examination of application; issuance and revocation of permit.</label></referenceItem> <referenceItem role="section"><designator>1295.</designator> <label>Certificate of agent or broker.</label></referenceItem> <referenceItem role="section"><designator>1296.</designator> <label>Issuance and revocation of broker’s or agent’s certificate.</label></referenceItem> <referenceItem role="section"><designator>1297.</designator> <label>Report on sale of securities.</label></referenceItem> <referenceItem role="section"><designator>1298.</designator> <label>Fees.</label></referenceItem> <referenceItem role="section"><designator>1299.</designator> <label>Penalties for violation.</label></referenceItem> </toc> <section> <num value="1291">§ 1291. </num> <heading>Definitions</heading> <chapeau> <p class="indent0 firstIndent1 fontsize10">In this chapter unless otherwise provided or apparent from the context:</p> <p class="indent0 firstIndent1 fontsize10">“agent” includes every person or company employed or appointed by a company or broker who, within the Canal Zone, either as an employee or otherwise, for a compensation, sells, offers for sale, negotiates for the sale of, or takes a subscription for the sale of a security;</p> <p class="indent0 firstIndent1 fontsize10">“broker” includes every person or company, other than an agent, who for a commission in the Canal Zone engages either wholly or in part in the business of:</p></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>selling, offering for sale, negotiating for the sale of, or otherwise dealing in securities issued by others;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>underwriting an issue of securities; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>purchasing securities for the purpose of reselling them or offering them for sale to the public;</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">“company” includes corporations, associations, joint stock companies, and partnerships;</continuation> <continuation class="indent0 firstIndent0 fontsize10">“security” includes stocks, bonds, or other evidences of property or interest in a company.</continuation> </section> <section> <num value="1292">§ 1292. </num> <heading>Permit to sell securities</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A company may not sell, offer for sale, negotiate for the sale of, or take subscriptions for a security of its own issue until it applies for and secures from the Governor a permit to do so.</content> </subsection> <page identifier="/us/stat/76a/43">43</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>The application for the permit shall be in writing, verified, and shall set forth:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the names and addresses of its officers;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the location of its principal office;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the name of its Canal Zone representative;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>an itemized account of its financial condition;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the amount and character of its assets and liabilities;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>a detailed statement of the plan upon which it proposes to transact business;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>a copy of any prospectus or advertisement, or other description of the securities, then prepared by or for it, for distribution or publication; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>additional information required by the Governor concerning the company, its condition, or affairs.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If the applicant is a partnership, an unincorporated association, or joint stock company, it shall file with its application a copy of its articles of partnership or association, and all other papers pertaining to its organization.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <chapeau>if the applicant is a corporation, it shall file with its application:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a copy of all minutes of proceedings of its directors, stockholders, or members relating to or affecting the issue of the securities;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a copy of its articles of incorporation and bylaws, and amendments thereto; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a certificate, dated not more than 60 days before the filing of the application, executed by the proper officer of the State or country in which the corporation is organized, showing that the applicant is authorized to transact business there.</content> </paragraph> </subsection> </section> <section> <num value="1293">§ 1293. </num> <heading>Process agent; service of process; surrender of permit</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>At the time of filing its application, a company shall file with the executive secretary of the Canal Zone Government a designation of a person residing within the Canal Zone upon whom process issued under a law of the Canal Zone may be served and his place of business or residence, and a certified copy of the minutes of the board of directors of the company authorizing the designation.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Process may be served on the person designated by the company or, if he can not be found at the place designated, or if no person is designated, on the executive secretary of the Canal Zone Government, and it shall be a valid service on the company. When the executive secretary has been served with process he shall without delay communicate the same to the company concerned at its last known address. A default judgment may not be entered against the company in an action in which process is served on the executive secretary until at least 60 days after the date of the service.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Sections 881 and 882 of this title apply to the surrender of the permit of a company issued pursuant to this chapter, and to service of process upon a company after revocation or surrender of its permit.</content> </subsection> </section> <section> <num value="1294">§ 1294. </num> <heading>Examination of application; issuance and revocation of permit</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Upon the filing of an application, the Governor shall examine or cause to be examined the application and the papers and documents filed with it. He may make or cause to be made a detailed examination, audit and investigation of the applicant and its affairs.</content> </subsection> <page identifier="/us/stat/76a/44">44</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>The Governor may issue to the applicant a permit authorizing it to issue and dispose of securities in the Canal Zone as therein provided, if he finds that:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the proposed plan of business of the applicant is not unfair, unjust, inequitable, or contrary to the policy of administering the Canal Zone as an adjunct of the Panama Canal;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the applicant intends to transact its business fairly and honestly; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the securities that the applicant proposes to issue and the methods to be used in issuing or disposing of them will not, in the Grovernor’s opinion, work a fraud on the purchaser.</content> </paragraph> <continuation>Otherwise the Governor shall deny the application, refuse the permit, and notify the applicant in writing of his decision.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Each permit shall expire on December 31 next following its issuance unless sooner revoked.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Each permit shall recite that the issuance thereof is permissive only and not a recommendation or indorsement of the securities permitted to be sold.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>The Governor may impose the conditions he deems necessary to the issue of the securities. He may establish reasonable or necessary rules and regulations to insure the disposition of the proceeds of the securities in the manner and for the purposes provided in the permit. From time to time for cause, the Governor may amend or revoke a permit issued by him, or temporarily suspend the rights of the applicant under the permit.</content> </subsection> </section> <section> <num value="1295">§ 1295. </num> <heading>Certificate of agent or broker</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A person or company may not act as an agent or broker, other than for a company holding a permit pursuant to section 1294 of this title before securing from the Governor a certificate, then in effect, authorizing the person or company to do so. Each certificate expires on December 31 next following its issuance, unless sooner revoked.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>To secure the certificate, the applicant shall make and file in the office of the Governor an application in writing, verified by or in behalf of the applicant. The application shall set forth, in addition to other information that the Governor may require:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the name and address of the applicant; and, if it is a corporation, association, or joint stock company, the name and address of each of its managing officers and agents; and, if it is a partnership, the name and address of each of the partners:</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a succinct statement of facts showing that the applicant, and its managing officers and agents, if it is a corporation, or members, if it is a partnership, have a good business reputation; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the applicant is a broker, the general plan and character of the business.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If the applicant is a corporation or association it shall file with its application a designation of a process agent, as provided by section 1293 of this title.</content> </subsection> </section> <section> <num value="1296">§ 1296. </num> <heading>Issuance and revocation of broker’s or agent’s certificate</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The Governor shall examine or cause to be examined the application for a broker’s or agent’s certificate and shall make any further investigation that he deems advisable of the applicant or its affairs.</content> </subsection> <page identifier="/us/stat/76a/45">45</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>The Governor may issue the certificate only if he is satisfied from his examination that:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the business reputation of the applicant and of its officers and members, if any, is good; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the conduct of the business will not conflict with the policy of administering the Canal Zone as an adjunct of the Panama Canal.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">If the Governor denies the application and refuses the certificate, he shall notify the applicant of his decision.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau>The Governor at any time may revoke a broker’s or agent’s certificate issued by him if he finds that:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the conduct of the business conflicts with the policy of administering the Canal Zone as an adjunct of the Panama Canal; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>the holder of the certificate:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>is of bad business repute;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>has violated a provision of this chapter; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>has engaged, or is about to engage, in any fraudulent transaction.</content> </subparagraph> </paragraph> </subsection> </section> <section> <num value="1297">§ 1297. </num> <heading>Report on sale of securities</heading> <chapeau>A company or broker authorized under this chapter to sell securities shall, at the times required by the executive secretary and in the form prescribed by him, make and file in the office of the executive secretary a report setting forth:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the securities sold under the authority of a permit issued by the Governor;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the proceeds derived from the securities;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the disposition of the proceeds; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>other information required by the executive secretary concerning its property, officers, or affairs, relating to or affecting the value of the securities.</content> </paragraph> </section> <section> <num value="1298">§ 1298. </num> <heading>Fees</heading> <content> <p class="indent0 firstIndent1 fontsize10">With its application for a permit or certificate, a company or broker shall remit $10, which shall cover the filing fee and the annual license fee for the remainder of the calendar year during which the permit or certificate is issued. No part of the fee may be returned if the application is disapproved.</p> <p class="indent0 firstIndent1 fontsize10">The annual fee for renewal of a permit or certificate issued under this chapter is $10, payable in advance on or before January 1 of each year.</p> </content> </section> <section> <num value="1299">§ 1299. </num> <heading>Penalties for violation</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A company, agent, or broker, which directly or indirectly issues or causes to be issued, or solicits the sale of a security contrary to this chapter, shall be fined not more than $500.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Whoever acts as an officer of, or agent for, a company, agent or broker, in the issuance, or solicitation for the sale, of a security contrary to this chapter, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>In addition to the penalties provided for in this section, every contract made by or on behalf of such a company, agent, or broker affecting the liability thereof is void on its behalf and on behalf of its assigns, but enforceable against it or them.</content> </subsection> </section> </chapter> <page identifier="/us/stat/76a/46">46</page> <chapter> <num class="bold" value="81">CHAPTER 81—</num><heading class="bold">SHIPPING AND NAVIGATION</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1331.</designator> <label>Regulations governing navigation, transiting, pilotage, and licensing of officers; penalties for violation.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">inspection of vessels</inline></label></referenceItem> <referenceItem role="section"><designator>1351.</designator> <label>Vessels subject to inspection generally.</label></referenceItem> <referenceItem role="section"><designator>1352.</designator> <label>Inspection of foreign vessels.</label></referenceItem> <referenceItem role="section"><designator>1353.</designator> <label>Regulations governing inspection.</label></referenceItem> <referenceItem role="section"><designator>1354.</designator> <label>Issuance and display of certificate of inspection.</label></referenceItem> <referenceItem role="section"><designator>1355.</designator> <label>Refusal of certificate of inspection.</label></referenceItem> <referenceItem role="section"><designator>1356.</designator> <label>Fines for failing to have or display certificate, or for receiving excess passengers; recovery.</label></referenceItem> <referenceItem role="section"><designator>1357.</designator> <label>Revocation of certificate for changes in conditions of vessel.</label></referenceItem> <referenceItem role="section"><designator>1358.</designator> <label>Registration, etc., of small vessels propelled by machinery; licensing of operators; fine for violation.</label></referenceItem> <referenceItem role="section"><designator>1359.</designator> <label>Registration and numbering of small vessels not propelled by machinery; fine for violation.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">seamen</inline></label></referenceItem> <referenceItem role="section"><designator>1381.</designator> <label>Laws applicable to seamen of vessels of United States.</label></referenceItem> <referenceItem role="section"><designator>1382.</designator> <label>Powers of shipping commissioner and deputies.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="1331">§ 1331. </num> <heading>Regulations governing navigation, transiting, pilotage, and licensing of officers; penalties for violation</heading> <chapeau>The President may prescribe, and from time to time amend, regulations governing:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the navigation of the harbors and other waters of the Canal Zone;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the passage and control of vessels through the Panama Canal or any part thereof, including the locks and approaches thereto;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>pilotage in the Canal or the approaches thereto through the adjacent waters; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the licensing of officers or other operators of vessels navigating the waters of the Canal Zone.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Whoever violates a regulation issued pursuant to this section shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Inspection of Vessels</heading> <section> <num value="1351">§ 1351. </num> <heading>Vessels subject to inspection generally</heading> <content>With the exception of private vessels merely transiting the Panama Canal, and of public vessels of all nations, vessels navigating the waters of the Canal Zone are subject to an annual inspection of hulls, boilers, machinery, equipment, and passenger accommodations.</content> </section> <section> <num value="1352">§ 1352. </num> <heading>Inspection of foreign vessels</heading> <content>A foreign vessel of a country which has inspection laws approximating those of the United States, having an unexpired certificate of inspection duly issued by the authorities of that country, is not subject to an inspection other than that necessary to determine whether the vessel, boilers and lifesaving equipment are as stated in the certificate of inspection. A certificate of inspection may not be accepted as evidence of lawful inspection unless like privileges are granted to vessels of the United States under the laws of the country to which the vessel belongs.</content> </section> <page identifier="/us/stat/76a/47">47</page> <section> <num value="1353">§ 1353. </num> <heading>Regulations governing inspection</heading> <content>The Governor shall prescribe, and from time to time may amend, regulations concerning the inspection of vessels conforming as nearly as practicable to the laws and regulations governing marine inspection by the United States Coast Guard.</content> </section> <section> <num value="1354">§ 1354. </num> <heading>Issuance and display of certificate of inspection</heading> <content>When the board of local inspectors of the Canal Zone Government approves a vessel and its equipment, a certificate of inspection, in triplicate, shall be issued by the Canal Zone Government. Two copies of the certificate shall be displayed in conspicuous places in the vessel where they are most likely to be observed by passengers and others, and there kept at all times framed under glass.</content> </section> <section> <num value="1355">§ 1355. </num> <heading>Refusal of certificate of inspection</heading> <content>When the board of local inspectors does not approve a vessel or its equipment, a certificate of inspection shall be refused, and the board of local inspectors shall make a statement in writing giving the reason for refusal to approve, filing the statement in the records of the board, and giving a copy thereof to the owner, agent or master of the vessel.</content> </section> <section> <num value="1355">§ 1356. </num> <heading>Fines for failing to have or display certificate, or for receiving excess passengers; recovery</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A vessel, other than one excepted by section 1351 of this title, that navigates the waters of the Canal Zone without having an unexpired certificate of inspection issued by the Canal Zone Government or by the United States Coast Guard, or an unexpired certificate accepted by the Canal Zone Government pursuant to section 1352 of this title, shall be fined not more than $1,000.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If a passenger is received on board a vessel not having certified copies of the certificate of inspection placed and kept as required by section 1354 of this title, or if passengers are received on board a vessel in excess of the number authorized by the certificate of inspection, the vessel shall be fined not more than $100 for each passenger so received.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Fines may be recovered in the district court, and the amount so recovered shall be a lien upon the vessel, and it may be seized and sold to satisfy the lien, as well as the costs of the court proceedings.</content> </subsection> </section> <section> <num value="1357">§ 1357. </num> <heading>Revocation of certificate for changes in conditions of vessel</heading> <content>If a vessel holding an unexpired certificate issued by the Canal Zone Government changes its condition as to hull, boilers, machinery, equipment or accommodations for passengers in such manner as not to conform to the regulations under which the certificate was issued, the board of local inspectors shall make an inspection and may recommend revocation of the certificate of inspection. Upon approval of the recommendation by the supervising inspector or such other person as the Governor designates, a notice of revocation shall be issued to the owner, agent or master of the vessel. After the notice of revocation the navigation of Canal Zone waters by the vessel shall subject it to the penalty prescribed by section 1356 of this title.</content> </section> <section> <num value="1358">§ 1358. </num> <heading>Registration, etc., of small vessels propelled by machinery; licensing of operators; fine for violation</heading> <content> <p class="indent0 firstIndent1 fontsize10">Vessels not more than sixty-five feet in length, measuring from end to end over the deck excluding sheer, and propelled in whole or in part by machinery, shall be registered, certificated, and numbered, and shall display the numbers assigned in a conspicuous place in prescribed form. Such vessels are subject to annual inspection, and the cer-<page identifier="/us/stat/76a/48">48</page>tificate referred to herein shall be issued for a term of one year and shall specify the number of passengers which the vessel may carry, and the number of life preservers and the fire-fighting apparatus and other equipment which the vessel shall carry.</p> <p class="indent0 firstIndent1 fontsize10">Such vessels may be operated only by persons holding operators’ licenses, issued after examination by the board of local inspectors and approved by the supervising inspector or such other person as the Governor designates.</p> <p class="indent0 firstIndent1 fontsize10">Whoever, as owner, hirer, or borrower of such a vessel, causes or permits it to be operated in Canal Zone waters in violation of a requirement of this section or of the certificate issued hereunder, shall be fined not more than $100.</p> <p class="indent0 firstIndent1 fontsize10">This section does not apply to public vessels of the United States or of the Republic of Panama, or to tugboats or towboats propelled by steam.</p> </content> </section> <section> <num value="1359">§ 1359. </num> <heading>Registration and numbering of small vessels not propelled by machinery; fine for violation</heading> <content> <p class="indent0 firstIndent1 fontsize10">Vessels not more than sixty-five feet in length and not propelled in whole or in part by machinery, shall be registered and numbered, and when numbers have been assigned they shall be displayed in a conspicuous place in prescribed form.</p> <p class="indent0 firstIndent1 fontsize10">Whoever, as owner, hirer, or borrower of such a vessel, causes or permits it to be operated in Canal Zone waters in violation of a requirement of this section shall be fined not more than $100.</p> </content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Seamen</heading> <section> <num value="1381">§ 1381. </num> <heading>Laws applicable to seamen of vessels of United States</heading> <content>The laws relating to seamen of vessels of the United States on foreign voyages apply to seamen of all vessels of the United States at the Canal Zone, whether the vessels are registered or enrolled and licensed.</content> </section> <section> <num value="1382">§ 1382. </num> <heading>Powers of shipping commissioner and deputies</heading> <content>The shipping commissioner and deputy shipping commissioners in the Canal Zone have the same powers with respect to the seamen referred to in section 1381 of this title as the powers conferred by law upon consular officers of the United States in foreign ports and upon United States Coast Guard officials to whom the duties of shipping commissioner have been delegated in ports of the United States.</content> </section> </subchapter> </chapter> <chapter> <num class="bold" value="83">CHAPTER 83—</num><heading class="bold">SPORTS AND AMUSEMENTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1411.</designator> <label>Regulations governing swimming.</label></referenceItem> <referenceItem role="section"><designator>1412.</designator> <label>Penalties for violation.</label></referenceItem> </toc> <section> <num value="1411">§ 1411. </num> <heading>Regulations governing swimming</heading> <content>The Governor may prescribe, and from time to time amend, regulations governing swimming in the Canal Zone.</content> </section> <section> <num value="1412">§ 1412. </num> <heading>Penalties for violation</heading> <content>Whoever violates a regulation issued pursuant to section 1411 of this title shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </chapter> <chapter> <num class="bold" value="85">CHAPTER 85—</num><heading class="bold">TAXES AND LICENSES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1441.</designator> <label>Regulations for levying, assessing, and collecting taxes.</label></referenceItem> <referenceItem role="section"><designator>1442.</designator> <label>Penalties for violation.</label></referenceItem> </toc> <page identifier="/us/stat/76a/49">49</page> <section> <num value="1441">§ 1441. </num> <heading>Regulations for levying, assessing, and collecting taxes</heading> <content>The President may prescribe, and from time to time amend, regulations for levying, assessing and collecting ad valorem, excise, license and franchise taxes in the Canal Zone. Ad valorem taxes imposed may not exceed one per centum of the value of the property, nor shall franchise or excise taxes exceed two per centum of gross earnings.</content> </section> <section> <num value="1442">§ 1442. </num> <heading>Penalties for violation</heading> <content>Whoever commits an act or carries on a business, trade, or occupation in the Canal Zone without complying with the regulations issued pursuant to section 1441 of this title shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </chapter> <chapter> <num class="bold" value="87">CHAPTER 87—</num><heading class="bold">WILDLIFE; HUNTING AND FISHING</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">protection of wildlife; hunting</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1471.</designator> <label>Regulations governing protection of wildlife and hunting.</label></referenceItem> <referenceItem role="section"><designator>1472.</designator> <label>Granting and revocation of hunting permits.</label></referenceItem> <referenceItem role="section"><designator>1473.</designator> <label>Hunting pursuant to permit.</label></referenceItem> <referenceItem role="section"><designator>1474.</designator> <label>Prohibited acts.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">fishing</inline></label></referenceItem> <referenceItem role="section"><designator>1491.</designator> <label>Regulations governing fishing.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">offenses and penalties</inline></label></referenceItem> <referenceItem role="section"><designator>1511.</designator> <label>Enumeration of offenses; punishment.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Protection of Wildlife; Hunting</heading> <section> <num value="1471">§ 1471. </num> <heading>Regulations governing protection of wildlife and hunting</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The Governor shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>prescribe, and from time to time may amend, general or special regulations for the protection of wild animals and birds and their nests in the Canal Zone; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>prescribe the form and manner in which wild animals and birds may be hunted in the Canal Zone, and the kinds thereof which may be hunted and which may not be molested.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>In the regulations issued pursuant to subsection (a) of this section, the Governor may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>designate the areas of the Canal Zone in which hunting is permitted;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>designate the class or type of arms that may be used in hunting in the areas designated by paragraph (1) of this subsection; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>impose such other conditions with respect to hunting as he deems necessary in the interests of public order and to prevent injury to persons or property.</content> </paragraph> </subsection> </section> <section> <num value="1472">§ 1472. </num> <heading>Granting and revocation of hunting permits</heading> <content>When an application for a permit to hunt is granted under this chapter, the Governor shall indorse his approval thereon, file the application, and cause a permit to be issued to the applicant upon payment by him of a fee of $1. The permit shall run for the fiscal year in which it is issued except that it may be revoked by the Governor for cause.</content> </section> <section> <num value="1473">§ 1473. </num> <heading>Hunting pursuant to permit</heading> <content>Hunting permits issued under this chapter shall allow the holder thereof to have, carry and use firearms in the areas prescribed by the Governor, and on the conditions imposed by him in the regulations issued pursuant to section 1471 of this title.</content> </section> <page identifier="/us/stat/76a/50">50</page> <section> <num value="1474">§ 1474. </num> <heading>Prohibited acts</heading> <chapeau>A person may not:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>hunt outside the areas designated in the regulations issued pursuant to section 1471 of this title; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>hunt between the hours of sunset and sunrise with the use of an artificial light; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>hunt by the use of a gun or other firearm intended to be discharged by an animal or bird by means of a spring, trap, or other similar mechanical device; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>except in the form and manner permitted by regulations issued pursuant to this chapter, hunt, trap, capture, willfully disturb, or kill a bird, or take the eggs of a bird.</content> </paragraph> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Fishing</heading> <section> <num value="1491">§ 1491. </num> <heading>Regulations governing fishing</heading> <content>The Governor may prescribe, and from time to time amend, regulations governing fishing in the Canal Zone.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Offenses and Penalties</heading> <section> <num value="1511">§ 1511. </num> <heading>Enumeration of offenses; punishment</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>engages in hunting without first obtaining the permit provided for by this chapter; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>after obtaining a hunting permit, engages in hunting in violation of this chapter; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>violates a regulation issued by the Governor pursuant to this chapter; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>commits any other act prohibited by this chapter—</content> </paragraph> <continuation>shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The penalties imposed by this section are in addition to the punishments authorized by the law against carrying arms without a permit.</content> </subsection> </section> </subchapter> </chapter> <chapter> <num class="bold" value="89">CHAPTER 89—</num><heading class="bold">PUBLICATION OF REGULATIONS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1541.</designator> <label>Manner of publishing regulations; constructive notice; effective date.</label></referenceItem> </toc> <section> <num value="1541">§ 1541. </num> <heading>Manner of publishing regulations; constructive notice; effective date</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Regulations issued under the authority of sections 701, 731, 761, 841, 911, 1131, 1172, 1191, 1331, 1353, and 1441 of this title shall be published in accordance with, and shall be subject to, the provisions of the Federal Register Act, as amended (44 U.S.C. sec. 301 et seq.).</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Regulations issued under the authority of sections 811, 931, 951, 1001, 1051, 1071, 1411, 1471 and 1491 of this title, and sections 1281, 1601, 2061, 4782, 6501 and 6225 of Title 6, shall, when issued, be published in one or more of the daily newspapers having a general circulation in the Canal Zone. The publication shall be deemed to give notice of the contents of the regulations to all persons subject thereto or affected thereby. Unless a later date is specified, the regulations shall be effective upon such publication, but a penalty prescribed for violation of a regulation may not be enforced until 30 days after publication.</content> </subsection> </section> </chapter> </part> 51 <num class="bold" value="3">TITLE 3.—</num><heading class="centered bold">JUDICIARY</heading> <toc> <headingItem> <designator class="smallCaps">Chapter</designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator> 1.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">District Court</inline></label> <target>1</target></referenceItem> <referenceItem role="chapter"><designator> 3.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Magistrates’ Courts</inline></label> <target>81</target></referenceItem> <referenceItem role="chapter"><designator> 5.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Jurisdiction and Venue</inline></label> <target>121</target></referenceItem> <referenceItem role="chapter"><designator> 7.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">General Provisions Respecting Courts and Judicial Officers</inline></label> <target>271</target></referenceItem> <referenceItem role="chapter"><designator> 9.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Fees and Costs</inline></label> <target>321</target></referenceItem> <referenceItem role="chapter"><designator>11.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Surety Bonds and Undertakings</inline></label> <target>431</target></referenceItem> <referenceItem role="chapter"><designator>13.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Jurors</inline></label> <target>471</target></referenceItem> <referenceItem role="chapter"><designator>15.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Probation Officer</inline></label> <target>511</target></referenceItem> <referenceItem role="chapter"><designator>17.</designator> <label leaderAlign="right" leaderChar="＿"><inline class="smallCaps">Attorneys at Law</inline></label> <target>541</target></referenceItem> </toc> <chapter> <num class="bold" value="1">CHAPTER 1—</num><heading class="bold">DISTRICT COURT</heading> <toc> <heading class="centered smallCaps">subchapter i—general provisions</heading> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator> 1.</designator> <label>Establishment and designation of district court.</label></referenceItem> <referenceItem role="section"><designator> 2.</designator> <label>Divisions of district court.</label></referenceItem> <referenceItem role="section"><designator> 3.</designator> <label>Terms of district court.</label></referenceItem> <referenceItem role="section"><designator> 4.</designator> <label>Seal of district court</label></referenceItem> <referenceItem role="section"><designator> 5.</designator> <label>Appointment, tenure, compensation, leave, and residence of district judge.</label></referenceItem> <referenceItem role="section"><designator> 6.</designator> <label>Special district Judge.</label></referenceItem> <referenceItem role="section"><designator> 7.</designator> <label>Clerk of court</label></referenceItem> <referenceItem role="section"><designator> 8.</designator> <label>Clerk as registrar of property.</label></referenceItem> <referenceItem role="section"><designator> 9.</designator> <label>Court reporter; secretary to district Judge.</label></referenceItem> <referenceItem role="section"><designator>10.</designator> <label>Public defender.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">united states attorney and marshal</inline></label></referenceItem> <referenceItem role="section"><designator>41.</designator> <label>Appointment, tenure, leave, and residence of United States attorney.</label></referenceItem> <referenceItem role="section"><designator>42.</designator> <label>Assistant United States attorneys; attorneys; clerical assistants; messengers.</label></referenceItem> <referenceItem role="section"><designator>43.</designator> <label>Salaries.</label></referenceItem> <referenceItem role="section"><designator>44.</designator> <label>Duties of United States attorney.</label></referenceItem> <referenceItem role="section"><designator>45.</designator> <label>Appointment, tenure, leave, and residence of United States marshal; deputies and assistants; salaries.</label></referenceItem> <referenceItem role="section"><designator>46.</designator> <label>Powers and duties of United States marshal; supervision by Attorney General.</label></referenceItem> <referenceItem role="section"><designator>47.</designator> <label>Fees of United States marshal.</label></referenceItem> </toc> <subchapter> <num class="bold" value="1">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="1">§ 1. </num> <heading>Establishment and designation of district court</heading> <content>There shall be in the Canal Zone one district court, designated as the “United States District Court for the District of the Canal Zone.”</content> </section> <section> <num value="2">§ 2. </num> <heading>Divisions of district court</heading> <content>There shall be two divisions of the district court, one including Balboa and the other including Cristobal. The President shall determine the boundaries of the divisions.</content> </section> <section> <num value="3">§ 3. </num> <heading>Terms of district court</heading> <content>Terms of the district court shall be held in the Balboa and Cristobal divisions at such times as the judge designates by rule or order.</content> </section> <section> <num value="4">§ 4. </num> <heading>Seal of district court</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The district court shall have a seal, which shall be kept by the clerk of the court.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>Except as otherwise expressly provided by law, the seal of the district court need not be affixed to any paper or document in any proceeding therein, except to:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a writ or process;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a certificate of probate of a will or of the appointment of an executor, administrator, or guardian; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>an authentication of a copy of a record or other proceeding of the court, or of an officer thereof, or of a copy of a document on file in the office of the clerk.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/76a/52">52</page> <section> <num value="5">§ 5. </num> <heading>Appointment, tenure, compensation, leave, and residence of district judge</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The President shall, by and with the advice and consent of the Senate, appoint one district judge for the United States District Court for the District of the Canal Zone, who shall hold office for a term of eight years and until his successor is chosen and qualifies, unless sooner removed by the President for cause.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The salary of the district judge shall be at the rate prescribed for judges of the United States district courts.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The district judge shall be allowed 60 days’ leave of absence with pay each year, under regulations prescribed by the President.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The district judge shall reside within the Canal Zone.</content> </subsection> </section> <section> <num value="6">§ 6. </num> <heading>Special district judge</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The President may appoint a special district judge, to act when necessary:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>during the absence of the district judge from the Canal Zone; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>during his disability or disqualification from sickness or otherwise to discharge his duties.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The special district judge shall receive the same rate of compensation and the same traveling expenses and maintenance expenses as are paid to the district judge.</content> </subsection> </section> <section> <num value="7">§ 7. </num> <heading>Clerk of court</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The district court may appoint a clerk who shall be subject to removal by the court.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The clerk may appoint, with the approval of the court, necessary deputies, clerical assistants and employees in such number as may be approved by the Director of the Administrative Office of the United States Courts, subject to removal by the clerk with the approval of the court.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The clerk shall receive, deposit, and account for all public moneys collected by him in accordance with the laws, rules, and regulations governing the receipt and disposition of moneys by clerks of United States district courts.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The clerk shall reside within the Canal Zone.</content> </subsection> </section> <section> <num value="8">§ 8. </num> <heading>Clerk as registrar of property</heading> <content>The clerk of the district court is ex officio registrar of property in the Canal Zone. The deputy clerks shall have and exercise like powers in the name of the clerk. The clerk and his deputies shall have the duties of registrar so as to give constructive notice in all cases where provision is made for such notice by law. They shall keep proper books of record, which shall at all reasonable hours be open to the public.</content> </section> <section> <num value="9">§ 9. </num> <heading>Court reporter; secretary to district judge</heading> <content>The court reporter appointed by the district court pursuant to section 763 of Title 28, United States Code, shall also act in a dual capacity as secretary to the district judge. The reporter-secretary shall receive the salary fixed by the Judicial Conference of the United States, which shall not be subject to the limits specified by subsection (e) of that section. In addition to his salary, he shall be entitled to retain the fees allowed by subsection (f) of that section. He shall be allowed leave of absence with pay in accordance with the regulations governing leave of absence of Canal Zone Government employees.</content> </section> <page identifier="/us/stat/76a/53">53</page> <section> <num value="10">§ 10. </num> <heading>Public defender</heading> <content> <p class="indent0 firstIndent1 fontsize10">The Governor shall appoint a qualified member of the bar of the Canal Zone as a public defender. The public defender shall receive such compensation and such of the privileges of a Canal Zone Government employee as are fixed and granted by the Governor.</p> <p class="indent0 firstIndent1 fontsize10">The public defender shall represent, in the district court, any person charged with the commission of a crime within the original jurisdiction of the district court who is unable to obtain counsel for his defense, unless, in an exceptional case, the court assigns other counsel.</p> </content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">United States Attorney and Marshal</heading> <section> <num value="41">§ 41. </num> <heading>Appointment, tenure, leave, and residence of United States attorney</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The President shall, by and with the advice and consent of the Senate, appoint a United States attorney for the District of the Canal Zone, who shall hold office for a term of eight years and until his successor is chosen and qualifies, unless sooner removed by the President.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>In case of a vacancy in the office of United States attorney, the district court may appoint a person to exercise the duties of the vacant office until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of court.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The United States attorney shall be allowed 60 days’ leave of absence with pay each year, under regulations prescribed by the President.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The United States attorney shall reside within the Canal Zone.</content> </subsection> </section> <section> <num value="42">§ 42. </num> <heading>Assistant United States attorneys; attorneys; clerical assistants; messengers</heading> <content>Sections 502, 503, and 510 of Title 28, United States Code, apply to the office of the United States attorney for the District of the Canal Zone. The assistant United States attorneys shall reside within the Canal Zone.</content> </section> <section> <num value="43">§ 43. </num> <heading>Salaries</heading> <content>The salaries of the United States attorney, assistant United States attorneys, and attorneys appointed pursuant to section 503 of Title 28, United States Code, are subject to section 508 of Title 28, United States Code.</content> </section> <section> <num value="44">§ 44. </num> <heading>Duties of United States attorney</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The United States attorney shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>conduct all legal proceedings, civil and criminal, for the Government of the United States and for the Government of the Canal Zone;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>prosecute all recognizances forfeited and all cases for the recovery of fines, penalties, debts, and forfeitures accruing to the Government of the United States, the Government of the Canal Zone, or the Canal Zone Government; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>advise the Governor, upon request of the latter, on matters pertaining to the office of the Governor.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>During the absence or disability of the United States attorney or during a vacancy in his office, a reference in this Code to the United States attorney includes an assistant United States attorney.</content> </subsection> </section> <section> <num value="45">§ 45. </num> <heading>Appointment, tenure, leave, and residence of United States marshal; deputies and assistants; salaries</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The President shall, by and with the advice and consent of the Senate, appoint a United States marshal for the District of the Canal Zone, who shall hold office for a term of eight years and until his successor is chosen and qualifies, unless sooner removed by the President.</content> </subsection> <page identifier="/us/stat/76a/54">54</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>In case of a vacancy in the office of United States marshal, the district court may appoint a person to exercise the duties of the vacant office until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of court.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The United States marshal shall be allowed 60 days’ leave of absence with pay each year, under regulations prescribed by the President.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The United States marshal shall reside within the Canal Zone.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>The appointment and tenure of deputies and clerical assistants and the salaries of the United States marshal and his deputies and clerical assistants are subject to sections 542 and 552 of Title 28, United States Code.</content> </subsection> </section> <section> <num value="46">§ 46. </num> <heading>Powers and duties of United States marshal; supervision by Attorney General</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The United States marshal shall be the marshal of the district court and may, in its discretion, be required to attend any session of the court.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>The marshal shall execute all lawful writs, process, and orders issued under authority of the United States or of the Government of the Canal Zone, except:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>those returnable to the magistrates’ courts; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>those issued pursuant to section 1101 of Title 2—</content> </paragraph> <continuation>and he shall command all necessary assistance to execute his duties.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The Attorney General shall supervise and direct the marshal in the performance of public duties and accounting for public moneys. The marshal shall report his official proceedings, receipts and disbursements, and the condition of his office as the Attorney General directs.</content> </subsection> </section> <section> <num value="47">§ 47. </num> <heading>Fees of United States marshal</heading> <content>The United States marshal shall receive, deposit, and account for all public moneys collected by him in accordance with the laws, rules, and regulations governing the receipt and disposition of moneys by United States marshals of judicial districts of the United States.</content> </section> </subchapter> </chapter> <chapter> <num class="bold" value="3">CHAPTER 3—</num> <heading class="bold">MAGISTRATES’ COURTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>81.</designator> <label>Establishment of magistrates’ courts.</label></referenceItem> <referenceItem role="section"><designator>82.</designator> <label>Appointment, term, and compensation of magistrates, constables, and other employees.</label></referenceItem> <referenceItem role="section"><designator>83.</designator> <label>Authority of one magistrate to act for another.</label></referenceItem> <referenceItem role="section"><designator>84.</designator> <label>Oaths of magistrates and constables.</label></referenceItem> <referenceItem role="section"><designator>85.</designator> <label>Depositing records with successor.</label></referenceItem> <referenceItem role="section"><designator>86.</designator> <label>Administrative regulations governing magistrates’ courts.</label></referenceItem> </toc> <section> <num value="81">§ 81. </num> <heading>Establishment of magistrates’ courts</heading> <content>There shall be at least one magistrate’s court in each subdivision established pursuant to section 3 of Title 2.</content> </section> <section> <num value="82">§ 82. </num> <heading>Appointment, term, and compensation of magistrates, constables, and other employees</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The President or his designee shall appoint a sufficient number of magistrates, who shall hold office for terms of four years and until their successors are chosen and qualify, unless sooner removed for cause. The President or his designee may appoint relief magistrates, or may assign a magistrate to another magistrate’s court, to act when necessary:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>during the absence of a magistrate from the Canal Zone;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>during any period of disability or disqualification of a magistrate from sickness or otherwise to discharge his duties; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>for a temporary period only, during the existence of a vacancy in a magistrate’s court.</content> </paragraph> </subsection> <page identifier="/us/stat/76a/55">55</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The Governor shall appoint a sufficient number of constables and other employees necessary to conduct the business of the magistrates’ courts. Section 101 of Title 2 applies to appointments under this subsection and to the fixing of compensation and the establishment of conditions of employment for magistrates, constables, and other employees of the magistrates’ courts. The constables shall perform such clerical and other duties as the magistrates prescribe.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Only citizens of the United States may be appointed magistrates or constables. Magistrates and constables shall reside within the Canal Zone.</content> </subsection> </section> <section> <num value="83">§ 83. </num> <heading>Authority of one magistrate to act for another</heading> <content>Upon request of a magistrate who is unable to act in any proceeding because of sickness, disability, disqualification, absence, or other cause, another magistrate may act for him. In such cases the proper entry of the proceedings of the magistrate so acting shall be made in the docket of the magistrate for whom he acts. If the inability to act ceases while the proceedings are pending, the magistrate who made the request may resume jurisdiction.</content> </section> <section> <num value="84">§ 84. </num> <heading>Oaths of magistrates and constables</heading> <content>Before assuming office, magistrates and constables shall take and subscribe an oath of office to the effect that they will faithfully and impartially discharge the duties of their respective offices.</content> </section> <section> <num value="85">§ 85. </num> <heading>Depositing records with successor</heading> <content>Upon the expiration of their terms of office, magistrates shall deposit with their successors their official dockets and the papers filed in their offices, and any others which may be in their custody to be kept as records.</content> </section> <section> <num value="86">§ 86. </num> <heading>Administrative regulations governing magistrates’ courts</heading> <chapeau>The President shall prescribe regulations governing the administration of magistrates’ courts and prescribing:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the duties of magistrates and constables;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>oaths and bonds;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the times and places of holding magistrates’ courts; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the disposition of fines, costs and forfeitures.</content> </paragraph> </section> </chapter> <chapter> <num class="bold" value="5">CHAPTER 5—</num> <heading class="bold">JURISDICTION AND VENUE</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>121.</designator> <label>Actions between nonresidents.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">jurisdiction of district court</inline></label></referenceItem> <referenceItem role="section"><designator>141.</designator> <label>General jurisdiction of district court.</label></referenceItem> <referenceItem role="section"><designator>142.</designator> <label>Admiralty jurisdiction.</label></referenceItem> <referenceItem role="section"><designator>143.</designator> <label>Jurisdiction of offenses committed within special maritime and territorial jurisdiction of United States.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">jurisdiction of magistrates’ courts</inline></label></referenceItem> <referenceItem role="section"><designator>171.</designator> <label>General jurisdiction of magistrates’ courts.</label></referenceItem> <referenceItem role="section"><designator>172.</designator> <label>Preliminary examinations.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">venue of civil actions</inline></label></referenceItem> <referenceItem role="section"><designator>201.</designator> <label>Venue of district court civil actions.</label></referenceItem> <referenceItem role="section"><designator>202.</designator> <label>Transmittal of record upon change of venue.</label></referenceItem> <referenceItem role="section"><designator>203.</designator> <label>Venue of civil actions in magistrates’ courts.</label></referenceItem> <referenceItem role="section"><designator>204.</designator> <label>Change of venue in magistrates’ courts.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">venue of criminal actions</inline></label></referenceItem> <referenceItem role="section"><designator>231.</designator> <label>Venue of offenses in magistrates’ courts.</label></referenceItem> <referenceItem role="section"><designator>232.</designator> <label>Change of venue in criminal actions in magistrates’ courts.</label></referenceItem> <referenceItem role="section"><designator>233.</designator> <label>Transfer of custody of defendant in district and magistrates’ courts.</label></referenceItem> </toc> <page identifier="/us/stat/76a/56">56</page> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="121">§ 121. </num> <heading>Actions between nonresidents</heading> <content>A civil action or special proceeding may not be brought in the courts of the Canal Zone where all the parties are nonresidents of the Canal Zone, unless the claim for relief or cause of action is one which arose within the territorial limits of the Canal Zone, or one of the parties proceeded against has property within the territorial limits subject to attachment or execution, or is engaged in business or is employed within the territorial limits.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Jurisdiction of District Court</heading> <section> <num value="141">§ 141. </num> <heading>General jurisdiction of district court</heading> <chapeau>The district court has jurisdiction of all:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>civil and criminal actions, except those within the original jurisdiction of the magistrates’ courts;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>cases in admiralty;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>appeals from the magistrates’ courts;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>actions and proceedings involving laws of the United States applicable to the Canal Zone; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>other matters and proceedings wherein jurisdiction is conferred by this Code or any other law.</content> </paragraph> </section> <section> <num value="142">§ 142. </num> <heading>Admiralty jurisdiction</heading> <content>The jurisdiction in admiralty conferred upon the district court and the district judge is the same as is exercised by the United States district courts and the United States district judges.</content> </section> <section> <num value="143">§ 143. </num> <heading>Jurisdiction of offenses committed within special maritime and territorial jurisdiction of United States</heading> <content> <p class="indent0 firstIndent1 fontsize10">In addition to the jurisdiction specifically conferred on it by this Code and other laws, the district court has jurisdiction of offenses under the criminal laws of the United States when such offenses are committed beyond the territorial limits of the Canal Zone but within the special maritime and territorial jurisdiction of the United States as defined by section 7 of Title 18, United States Code, and the offenders are found in the Canal Zone or are brought into the Canal Zone after the commission of the offense.</p> <p class="indent0 firstIndent1 fontsize10">This section does not deprive the United States district courts of any jurisdiction now provided by law.</p> </content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Jurisdiction of Magistrates’ Courts</heading> <section> <num value="171">§ 171. </num> <heading>General jurisdiction of magistrates’ courts</heading> <chapeau>The magistrates’ courts have exclusive original jurisdiction coextensive with the subdivision in which each is situated of all:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>civil actions in which the principal sum claimed does not exceed $500;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>criminal actions wherein the punishment which may be imposed does not exceed a fine of $100, or imprisonment in jail for 30 days, or both;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>criminal actions under section 1692 of Title 6 for reckless driving, where bodily injury to a person is not involved, and under section 1693 of Title 6 for driving while intoxicated; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>actions involving the forcible entry and detainer of real estate.</content> </paragraph> </section> <page identifier="/us/stat/76a/57">57</page> <section> <num value="172">§ 172. </num> <heading>Preliminary examinations</heading> <content>The magistrates’ courts have jurisdiction to hold preliminary examinations in charges of crime within the original jurisdiction of the district court, to commit offenders to the district court, and to grant bail in bailable cases.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Venue of Civil Actions</heading> <section> <num value="201">§ 201. </num> <heading>Venue of district court civil actions</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Except as otherwise provided by law, all civil actions in the district court may be brought in the division where the defendant or necessary party defendant resides or is found, or in the division where the plaintiff or one of the plaintiffs resides, at the election of the plaintiff.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If neither the plaintiff nor the defendant resides within the Canal Zone, and the action is brought to seize or obtain title to property of the defendant within the Canal Zone, the action shall be brought in the division where the property is situated or is found.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Actions against executors, administrators, and guardians touching the performance of their official duties, and actions for account and settlement by them, and actions for the distribution of the estates of deceased persons among the heirs and distributees, and actions for the payment of legacies, shall be brought in the division in which the will was admitted to probate, or letters of administration were granted, or the guardian was appointed.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Actions to obtain possession of real property, or to recover damages for injuries to real property, or to establish an interest or right in or to real property shall be brought in the division where the property, or some part thereof, is situated.</content> </subsection> </section> <section> <num value="202">§ 202. </num> <heading>Transmittal of record upon change of venue</heading> <content>When a change of venue from one division of the district court to the other division thereof has been ordered by the court pursuant to section 1404 or 1406 of Title 28, United States Code, the clerk shall immediately make out a true transcript of all docket entries made in the action, and certify thereto under his official seal, and transmit the transcript with all the papers in the action to the other division, and the case shall be tried therein as if it had been instituted there originally.</content> </section> <section> <num value="203">§ 203. </num> <heading>Venue of civil actions in magistrates’ courts</heading> <chapeau>Actions in magistrates’ courts must be commenced and, subject to the right to change the place of trial as provided in this subchapter, must be tried:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>when two or more persons are jointly, or jointly and severally, bound in any debt or contract, or otherwise jointly liable in the same action, and reside in different subdivisions—in either subdivision:</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in cases of injury to the person or property—in the subdivision where the injury was committed, or where the defendant resides:</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if for the recovery of personal property, or the value thereof, or damages for taking or detaining the same—in the subdivision in which the property may be found, or in which the property was taken, or in which the defendant resides;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>when neither plaintiff nor defendant resides within the Canal Zone, and the action is brought to seize or obtain title to property of the defendant within the Canal Zone—in the subdivision where the property is situated or found;</content> </paragraph> <page identifier="/us/stat/76a/58">58</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>when the defendant is a nonresident of the Canal Zone—in either subdivision;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>when a person has contracted to perform an obligation at a particular place, and resides in the other subdivision—m the subdivision in which the obligation is to be performed, or in which he resides; and the subdivision in which the obligation is incurred is deemed to be the subdivision in which it is to be performed, unless there is a special contract in writing to the contrary;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>when the parties voluntarily appear and plead without summons—in either subdivision;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>in all other cases—in the subdivision in which the defendant resides.</content> </paragraph> </section> <section> <num value="204">§ 204. </num> <heading>Change of venue in magistrates’ courts</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>At any time a magistrate may change the place of trial in a civil action to another magistrate’s court if:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>he is disqualified from acting for any cause;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the action is brought in the wrong subdivision; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in his opinion, the transfer is necessary in the interest of justice.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>After an order has been made, transferring the action for trial to another magistrate’s court:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the magistrate ordering the transfer shall immediately transmit to the magistrate of the court to which it is transferred, on payment by the party applying of all the costs that have accrued, all the papers in the action, together with a certified transcript from his docket of the proceedings therein;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>upon the receipt by him of the papers, the magistrate to whom the case is transferred has thereafter the same jurisdiction over the action as though it had been commenced in his court.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>In lieu of changing the place of trial under this section, a magistrate who is disqualified may request another magistrate to act for him as provided by section 83 of this title.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Venue of Criminal Actions</heading> <section> <num value="231">§ 231. </num> <heading>Venue of offenses in magistrates’ courts</heading> <content>The jurisdiction of an offense triable in the magistrates’ courts is in the subdivision where the offense was committed.</content> </section> <section> <num value="232">§ 232. </num> <heading>Change of venue in criminal actions in magistrates’ courts</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Upon motion of the defendant in a criminal action, or with the written consent of the defendant, a magistrate who is disqualified may transfer the proceeding to the other subdivision. In lieu of such a transfer, the magistrate may request another magistrate to act for him as provided by section 83 of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Upon motion of the defendant, a magistrate shall transfer the proceeding to the other subdivision if it appears that the offense was committed in both subdivisions and if the magistrate is satisfied that in the interest of justice the proceeding should be transferred to another subdivision.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Upon motion of the prosecution and with the written consent of the defendant, a magistrate shall transfer the proceeding to another subdivision if it appears that such a transfer will be for the convenience of the prosecution and of the defendant.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>When a transfer is ordered the magistrate shall transmit to the magistrate of the subdivision to which the proceeding is transferred all papers in the proceeding or duplicates thereof and any bail taken, and the prosecution shall continue in that subdivision.</content> </subsection> </section> <page identifier="/us/stat/76a/59">59</page> <section> <num value="233">§ 233. </num> <heading>Transfer of custody of defendant in district and magistrates’ courts</heading> <content>If the defendant is in custody, an order of the district court or a magistrate for transfer of a criminal action shall direct his removal and he shall be forthwith removed by the jailer or warden where he is imprisoned to the custody of the jailer or warden of the division or subdivision to which the action is transferred.</content> </section> </subchapter> </chapter> <chapter> <num class="bold" value="7">CHAPTER 7—</num> <heading class="bold">GENERAL PROVISIONS RESPECTING COURTS AND JUDICIAL OFFICERS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>271.</designator> <label>Proceedings to be public; exceptions; impounding records in certain cases.</label></referenceItem> <referenceItem role="section"><designator>272.</designator> <label>Powers of courts in conduct of proceedings.</label></referenceItem> <referenceItem role="section"><designator>273.</designator> <label>Powers of judicial officers in conduct of proceedings.</label></referenceItem> <referenceItem role="section"><designator>274.</designator> <label>Powers of judicial officers to punish for contempt.</label></referenceItem> <referenceItem role="section"><designator>275.</designator> <label>Disqualification of judge or magistrates.</label></referenceItem> <referenceItem role="section"><designator>276.</designator> <label>Practice of law by partner of judge or magistrate.</label></referenceItem> <referenceItem role="section"><designator>277.</designator> <label>Review of orders made out of court.</label></referenceItem> <referenceItem role="section"><designator>278.</designator> <label>Proceedings in English language.</label></referenceItem> <referenceItem role="section"><designator>279.</designator> <label>Means to carry jurisdiction into effect.</label></referenceItem> </toc> <section> <num value="271">§ 271. </num> <heading>Proceedings to be public; exceptions; impounding records in certain cases</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Except as otherwise provided by this subsection, section 1637(b) of Title 5, and section 36(c) of Title 8, the sittings of every court of justice shall be public. In an action for divorce or in a civil action for seduction the court may direct the trial of an issue of fact joined therein to be private, and may exclude all persons except the officers of the court, the parties, their witnesses, and counsel. Witnesses may be excluded in any action as provided by section 2683 of Title 6.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Section 451 of Title 2 does not prevent a court from impounding its files and records in a case, or any part of them, and denying inspection of them to persons other than the parties in the case or the attorneys therein, whenever the court determines, in the exercise of a sound discretion, that justice or the public interest requires.</content> </subsection> </section> <section> <num value="272">§ 272. </num> <heading>Powers of courts in conduct of proceedings</heading> <chapeau>Every court has power to:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>preserve and enforce order in its immediate presence;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>enforce order in the proceedings before it or a person empowered to conduct a judicial investigation under its authority;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>provide for the orderly conduct of proceedings before it or its officers:</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>compel obedience to its judgments, orders, and process, and to the orders of a judge out of court, in an action or proceeding pending therein;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>control, in furtherance of justice, the conduct of its ministerial officers and all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>compel the attendance of persons to testify in an action or proceeding pending therein, in the cases and manner provided by law;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>administer oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers and duties; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>amend and control its process and orders so as to make them conformable to law and justice.</content> </paragraph> </section> <page identifier="/us/stat/76a/60">60</page> <section> <num value="273">§ 273. </num> <heading>Powers of judicial officers in conduct of proceedings</heading> <chapeau>Every judicial officer has the power to:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>preserve and enforce order in his immediate presence, and in proceedings before him, when he is engaged in the performance of official duty;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>compel obedience to his lawful orders;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>compel the attendance of persons to testify in a proceeding before him, in the cases and manner provided by law;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>administer oaths to persons in a proceeding pending before him, and in all other cases where it may be necessary in the exercise of his powers and duties.</content> </paragraph> </section> <section> <num value="274">§ 274. </num> <heading>Powers of judicial officers to punish for contempt</heading> <content>For the effectual exercise of the powers conferred by section 273 of this title, a judicial officer may punish for contempt in the cases provided by law.</content> </section> <section> <num value="275">§ 275. </num> <heading>Disqualification of judge or magistrates</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The disqualification of the district judge and magistrates for bias or prejudice or interest are governed by sections 144 and 455 of Title 28, United States Code, except that an affidavit pursuant to section 144 thereof shall be filed at least one day before the day set for trial of the action, or good cause shall be shown for failure to file it within that time.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If the district judge is disqualified, the special district judge shall act for him as provided by section 6 of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If a magistrate is disqualified, another magistrate shall act for him as provided by section 83 of this title, or the action shall be transferred to another subdivision as provided by section 204 of this title in a civil action or section 232 of this title in a criminal action.</content> </subsection> </section> <section> <num value="276">§ 276. </num> <heading>Practice of law by partner of judge or magistrate</heading> <content>A judge or magistrate may not have a partner acting as attorney or counsel in any court of the Canal Zone.</content> </section> <section> <num value="277">§ 277. </num> <heading>Review of orders made out of court</heading> <content>An order made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made.</content> </section> <section> <num value="278">§ 278. </num> <heading>Proceedings in English language</heading> <content>Every proceeding in a court of justice in the Canal Zone shall be conducted and preserved in the English language.</content> </section> <section> <num value="279">§ 279. </num> <heading>Means to carry jurisdiction into effect</heading> <content>When jurisdiction is conferred on a court or judicial officer by this Code or by any other statute, all the means necessary to carry it into effect are also given. In the exercise of this jurisdiction, if the course of proceeding is not specifically prescribed by this Code, by the statute, or by applicable rule of the Supreme Court of the United States or other governing rule, any suitable process or mode of proceeding may be adopted, by rule or by a ruling in the particular case, which appears most conformable to the spirit of this Code and in the furtherance of justice.</content> </section> </chapter> <page identifier="/us/stat/76a/61">61</page> <chapter> <num class="bold" value="9">CHAPTER 9—</num> <heading class="bold">FEES AND COSTS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">fees and costs generally</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>321.</designator> <label>Each party responsible for his costs; advance payment of fees.</label></referenceItem> <referenceItem role="section"><designator>322.</designator> <label>Proceedings in forma pauperis.</label></referenceItem> <referenceItem role="section"><designator>323.</designator> <label>Governmental exemption from fees.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">fees</inline></label></referenceItem> <referenceItem role="section"><designator>341.</designator> <label>Collection and disposition of fees generally.</label></referenceItem> <referenceItem role="section"><designator>342.</designator> <label>Fees of clerk of district court in civil actions.</label></referenceItem> <referenceItem role="section"><designator>343.</designator> <label>Fees of clerk of district court in probate and guardianship matters.</label></referenceItem> <referenceItem role="section"><designator>344.</designator> <label>Other fees of clerk of district court.</label></referenceItem> <referenceItem role="section"><designator>345.</designator> <label>Fees of marshal and other persons serving district court process.</label></referenceItem> <referenceItem role="section"><designator>346.</designator> <label>Fees for attempts to serve process.</label></referenceItem> <referenceItem role="section"><designator>347.</designator> <label>Fees of magistrates’ courts in civil actions.</label></referenceItem> <referenceItem role="section"><designator>348.</designator> <label>Other fees of magistrates.</label></referenceItem> <referenceItem role="section"><designator>349.</designator> <label>Fees on appeals from magistrates’ courts to district court.</label></referenceItem> <referenceItem role="section"><designator>350.</designator> <label>Jury fee.</label></referenceItem> <referenceItem role="section"><designator>351.</designator> <label>Fees fixed by rules of court.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">costs</inline></label></referenceItem> <referenceItem role="section"><designator>371.</designator> <label>Costs allowed in district court.</label></referenceItem> <referenceItem role="section"><designator>372.</designator> <label>Taxation of costs in district court.</label></referenceItem> <referenceItem role="section"><designator>373.</designator> <label>Party entitled to costs in magistrate’s court.</label></referenceItem> <referenceItem role="section"><designator>374.</designator> <label>Costs allowed in magistrate’s court.</label></referenceItem> <referenceItem role="section"><designator>375.</designator> <label>Taxation of costs in magistrate’s court.</label></referenceItem> <referenceItem role="section"><designator>376.</designator> <label>Costs on continuance.</label></referenceItem> <referenceItem role="section"><designator>377.</designator> <label>Costs on dismissal for want of jurisdiction.</label></referenceItem> <referenceItem role="section"><designator>378.</designator> <label>Costs in criminal actions in district court.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">security for costs</inline></label></referenceItem> <referenceItem role="section"><designator>391.</designator> <label>Requirement of security for costs.</label></referenceItem> <referenceItem role="section"><designator>392.</designator> <label>Form of security; new or additional undertaking.</label></referenceItem> <referenceItem role="section"><designator>393.</designator> <label>Governmental exemptions.</label></referenceItem> <referenceItem role="section"><designator>394.</designator> <label>Security by intervener or counterclaimant.</label></referenceItem> <referenceItem role="section"><designator>395.</designator> <label>Costs secured by attachment or other bond.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Fees and Costs Generally</heading> <section> <num value="321">§ 321. </num> <heading>Each party responsible for his costs; advance payment of fees</heading> <content>Each party to a civil action instituted in the district court or a magistrate’s court shall be responsible for the costs incurred by him in the action. The marshal, constable, or other officer authorized to execute any process in civil actions, may not execute the same until the fees allowed by law for the service of the process are paid by the party seeking the process, unless the party is entitled to prosecute the action in forma pauperis, as provided by section 322 of this title.</content> </section> <section> <num value="322">§ 322. </num> <heading>Proceedings in forma pauperis</heading> <content> <p class="indent0 firstIndent1 fontsize10">A person entitled to commence an action in a court in the Canal Zone may commence and prosecute or defend it to conclusion without being required to prepay fees or costs or give security therefor, before or after bringing the action, upon filing in the court a statement, under oath, in writing, that because of his poverty he is unable to pay the costs of the action, or to give security for costs, and that he believes that he is entitled to the redress he seeks by the action, and setting forth the nature of the cause of action.</p> <p class="indent0 firstIndent1 fontsize10">The opposing party in the action, the clerk of the district court, or his deputy, or the magistrate, as the case may be, may contest the inability of the party to pay costs or his inability to furnish security for costs; and the contest shall be heard at such time as the court or magistrate determines.</p> <p class="indent0 firstIndent1 fontsize10">If a contest is not made upon the affidavit, or if it is admitted by the court or magistrate after the contest, the officers of the court thereafter shall issue and serve all processes and perform all duties on behalf of the party as in other cases.</p> </content> </section> <page identifier="/us/stat/76a/62">62</page> <section> <num value="323">§ 323. </num> <heading>Governmental exemption from fees</heading> <content>The United States, any agency thereof, or any officer thereof who sues or is sued in his official capacity, is liable for fees for the bringing or defending of an action only when the liability is expressly provided for by Act of Congress.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter I—</num><heading class="bold">Fees</heading> <section> <num value="341">§ 341. </num> <heading>Collection and disposition of fees generally</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The clerk of the district court, commissioners appointed by the district court, the United States marshal, magistrates, constables, other officers referred to by this chapter, and their assistants and deputies, may demand and receive only the fees prescribed by law.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>All fees collected by officers drawing a salary or compensation from the Government, other than fees collected by the clerk of the district court, the United States marshal, and the district court reporter, shall be paid over to the Canal Zone Government.</content> </subsection> </section> <section> <num value="342">§ 342. </num> <heading>Fees of clerk of district court in civil actions</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Upon the filing of the complaint in a civil action in the district court, the plaintiff shall deposit with the clerk of the district court the following docket fee:<table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> </caption> <tbody> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">(1) civil action generally</td> <td style="text-align:right; vertical-align:bottom">$8.00</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">(2) habeas corpus, certiorari, prohibition, or other special proceeding, except a probate or guardianship proceeding</td> <td style="text-align:right; vertical-align:bottom">3.00</td> </tr> </tbody> </table> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Upon the filing of a motion to intervene, an intervener shall deposit $5.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The fees deposited under this section are full compensation for all services of the clerk in the action, except fees for furnishing copies of papers and records, and commissions for care of funds deposited in the registry of the court as provided by section 415 of Title 5.</content> </subsection> </section> <section> <num value="343">§ 343. </num> <heading>Fees of clerk of district court in probate and guardianship matters</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The fees for the services of the clerk of the district court in probate and guardianship matters shall be computed according to the value of the estate as follows:<table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> </caption> <tbody> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">(1) not over $1,000</td> <td style="text-align:right; vertical-align:bottom">$5.00</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">(2) over $1,000 and not over $5,000</td> <td style="text-align:right; vertical-align:bottom">10.00</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">(3) over $5,000 and not over $10,000</td> <td style="text-align:right; vertical-align:bottom">15.00</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">(4) over $10,000</td> <td style="text-align:right; vertical-align:bottom">25.00</td> </tr> </tbody> </table> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The fees provided by this section are full compensation for all services of the clerk in the proceedings, except fees for furnishing copies of papers or records.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Where the estate is small and the circumstances warrant, the judge of the district court may waive the payment of any fee to the clerk for services in the proceedings.</content> </subsection> </section> <section> <num value="344">§ 344. </num> <heading>Other fees of clerk of district court</heading> <content>The clerk of the district court shall collect the following fees:<table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> </caption> <tbody> <tr> <td colspan="3" style="text-align:left; vertical-align:top">(1) certified copy of any paper, record, decree, judgment, or entry, for each page of 250 words or fraction thereof,</td> </tr> <tr> <td style="text-align:left; vertical-align:top"> </td> <td style="text-align:left; vertical-align:top" leaders="yes">(A) first copy</td> <td style="text-align:right; vertical-align:bottom">$0. 65</td> </tr> <tr> <td style="text-align:left; vertical-align:top"> </td> <td style="text-align:left; vertical-align:top" leaders="yes">(B) carbon copy</td> <td style="text-align:right; vertical-align:bottom">.30</td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:top" leaders="yes">(2) habeas corpus, certiorari, prohibition, or other special proceeding, except a probate or guardianship proceeding</td> <td style="text-align:right; vertical-align:bottom">.65</td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:top" leaders="yes">(3) photographic reproduction and certification of any record or paper, per page</td> <td style="text-align:right; vertical-align:bottom">.50</td> </tr> </tbody> </table> <page identifier="/us/stat/76a/63">63</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> </caption> <tbody> <tr> <td colspan="2" style="text-align:left; vertical-align:top" leaders="yes">(4) certification of copy of marriage certificate</td> <td style="text-align:right; vertical-align:bottom">$1.00</td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:top" leaders="yes">(6) searching records and giving certificate thereto of any fact or facts contained therein</td> <td style="text-align:right; vertical-align:bottom">.50</td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:top" leaders="yes">(6) taking acknowledgments, each</td> <td style="text-align:right; vertical-align:bottom">.50</td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:top" leaders="yes">(7) administering oaths, each</td> <td style="text-align:right; vertical-align:bottom">.25</td> </tr> <tr> <td colspan="2" style="text-align:left; vertical-align:top" leaders="yes">(8) recording powers of attorney, deeds, and other instruments where fee is not specified by another statute, for each page of 100 words or fraction thereof, with minimum charge of $1.00 for each instrument</td> <td style="text-align:right; vertical-align:bottom">.25</td> </tr> </tbody> </table> </content> </section> <section> <num value="345">§ 345. </num> <heading>Fees of marshal and other persons serving district court process</heading> <chapeau>The United States marshal and other persons serving process of the district court shall collect the following fees:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>executing process, preliminary and final judgments, and decrees of any court, for each mile of travel in the service of process going one way, reckoned from the place of service to the place to which the process is returnable, 10 cents;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>serving an attachment against the property of the defendant, $1, together with a reasonable allowance to be made by the court for any expenses necessarily incurred in caring for the property attached;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>arresting each defendant in a civil action, 50 cents;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>serving summons and copy of complaint for each defendant, $1; but in special proceedings, testamentary or administrative, where several members of a family residing at the same place are defendants, for each defendant, 50 cents;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>serving subpoenas, for each witness served, 50 cents plus travel fees;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>each copy of any process necessarily deposited in the office of registrar of property, 10 cents for each one hundred words, but not less than 50 cents in each case;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>taking bonds or other instruments of indemnity or security, 25 cents each:</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>executing a writ of process to put a person in possession of real estate, $1;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content>attending with prisoner on habeas corpus trial, for each day, $1;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <content>transporting each prisoner on habeas corpus or otherwise, when required, for every mile going and returning, 10 cents;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="11">(11) </num> <content>advertising sale, $2 plus printer’s charge;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="12">(12) </num> <content>taking inventory of goods levied upon, to be charged only when the inventory is necessary, a sum fixed by the court not exceeding the actual reasonable cost of the same to be shown by vouchers;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="13">(13) </num> <content>levying an execution on property, $2;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="14">(14) </num> <chapeau>on all money collected by him by order of a decree, execution, attachment, or any other process, the following sums:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>on the first $100 or less, 2%;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>on the second $100, 1½%;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>on all sums between $200 and $1,000, 1%; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">(D) </num> <content>on all sums in excess of $1,000, ½%;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="15">(15) </num> <content>services in a criminal case except for the summoning of witnesses, a sum to be fixed by the court not exceeding $25 where conviction is for a misdemeanor, and not exceeding $100 where conviction is for a felony.</content> </paragraph> </section> <section> <num value="346">§ 346. </num> <heading>Fees for attempts to serve process</heading> <chapeau>The following fees shall be charged for return on and mileage in attempts to serve process, or any order, judgment, or decree of the district court in civil cases:</chapeau> <page identifier="/us/stat/76a/64">64</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for each return, $1;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for mileage going one way in attempting to serve or execute any process, order, judgment, or decree of the court, for each mile traveled one way, 10 cents.</content> </paragraph> </section> <section> <num value="347">§ 347. </num> <heading>Fees of magistrates’ courts in civil actions</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>At the time of commencing a civil action in a magistrate’s court, the plaintiff shall deposit a fee of $5. An intervener therein shall deposit at the time of appearance a fee of $3.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The fees deposited under this section are full compensation for all services of the magistrate’s court in the action, including the services of the magistrate and constable in filing of the complaint, service of process, and execution, except fees for furnishing copies of papers or records.</content> </subsection> </section> <section> <num value="348">§ 348. </num> <heading>Other fees of magistrates</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>In addition to the fees prescribed by section 347 of this title, magistrates shall collect the following fees:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>administering oath upon an affidavit or other paper with certificate of oath, 25 cents;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>appeal, with proceedings taking bond, making and forwarding transcript of record, $1;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>each certificate not otherwise provided for, 25 cents;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>writing and certifying deposition, including the administration of oath to the witness, 65 cents per page of 250 words or fraction thereof for services of the reporter, and 25 cents per page for supervision and certification thereof by the magistrate;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>certified copies of a record of proceeding of which a person is entitled to receive a copy, 65 cents per page of 250 words or fraction thereof, and 30 cents per page for carbon copies.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Upon receiving payment of fees allowed to him by law, a magistrate shall render to the person or persons so paying an itemized account thereof.</content> </subsection> </section> <section> <num value="349">§ 349. </num> <heading>Fees on appeals from magistrates’ courts to district court</heading> <content>An appeal taken from a judgment rendered in a magistrate’s court in a civil action is not effectual for any purpose unless, at the time of filing the notice of appeal, the appellant pays to the magistrate, in addition to the fee payable to the magistrate on appeal, a docket fee of $5 for filing the appeal and for placing the action on the calendar in the district court. Upon transmitting the papers on appeal, the magistrate shall transmit to the clerk of the district court the sum thus deposited for filing the appeal in the district court and for placing the action on the calendar. A notice of appeal may not be filed until the fees are paid as required by this section.</content> </section> <section> <num value="350">§ 350. </num> <heading>Jury fee</heading> <content>A party who demands a trial by jury in a civil action in the district court shall accompany the demand with a deposit of $10 as a jury fee. Unless the deposit is made, the case shall be tried without the intervention of a jury.</content> </section> <section> <num value="351">§ 351. </num> <heading>Fees fixed by rules of court</heading> <content>If it appears that services are required of clerks of court, marshals, magistrates, constables, or officers of a court, other than those for which specific fees are provided in this chapter, the district court shall by general rules provide for a scale of fees for those services proportionate to the fees provided in this chapter for similar services.</content> </section> </subchapter> <page identifier="/us/stat/76a/65">65</page> <subchapter> <num class="bold" value="III">Subchapter I—</num><heading class="bold">Costs</heading> <section> <num value="371">§ 371. </num> <heading>Costs allowed in district court</heading> <chapeau>In the district court, the party entitled to costs may recover the following costs and no others:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for each witness necessarily produced by him, for each day’s necessary attendance of the witness at the trial, the witness’ lawful fees;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for each deposition lawfully taken by him, and produced in evidence, the actual cost of taking the deposition, but not to exceed $20;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>for original papers produced by him, nothing;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>for official copies of such papers, the lawful fees necessarily paid for obtaining the copies; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the lawful fees paid by him for the service of process in the action, and all lawful clerk’s fees paid by him,</content> </paragraph> </section> <section> <num value="372">§ 372. </num> <heading>Taxation of costs in district court</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Before a bill of costs is taxed, the party claiming an item of cost shall attach thereto an affidavit, made by himself or by his authorized attorney or agent having knowledge of the facts, that the item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed.</content> </subsection> </section> <section> <num value="373">§ 373. </num> <heading>Party entitled to costs in magistrate’s court</heading> <content>In a magistrate’s court, costs shall ordinarily be allowed to the prevailing party as a matter of course, but for special reasons the court may adjudge that either party shall pay the costs of an action, or that the costs be divided as may be equitable.</content> </section> <section> <num value="374">§ 374. </num> <heading>Costs allowed in magistrate’s court</heading> <chapeau>In a magistrate’s court, the party entitled to costs may recover the following costs, and no others:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for each witness produced by him, for each day’s necessary attendance at the trial, the witness’ lawful fees;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for each deposition lawfully taken by him and produced in evidence, the actual cost of taking the deposition, but not to exceed $20;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>for original papers produced by him, nothing;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>for official copies of such papers, the lawful fees necessary paid for obtaining the copies; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the lawful fees paid by him for the services of the magistrate’s court in the action.</content> </paragraph> </section> <section> <num value="375">§ 375. </num> <heading>Taxation of costs in magistrate’s court</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The magistrate may tax and include in the judgment the costs allowed by law to the prevailing party.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The costs in a magistrate’s court, if allowed, shall be taxed by the magistrate without the filing and service of a bill of costs as provided by section 372 of this title, and upon such information as the magistrate requires.</content> </subsection> </section> <section> <num value="376">§ 376. </num> <heading>Costs on continuance</heading> <content>When an application is made to a court or master to postpone a trial, the payment of costs occasioned by the postponement may be imposed, in the discretion of the court or master, as a condition of granting the same.</content> </section> <page identifier="/us/stat/76a/66">66</page> <section> <num value="377">§ 377. </num> <heading>Costs on dismissal for want of jurisdiction</heading> <content>If an action is dismissed for want of jurisdiction, courts nevertheless may render judgment for costs as justice may require.</content> </section> <section> <num value="378">§ 378. </num> <heading>Costs in criminal actions in district court</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The costs in criminal actions shall be paid by the defendant in cases of appeal from a magistrate’s court if the appeal is not prosecuted or if the appeal is prosecuted and the judgment of the magistrate is affirmed, and shall be paid in cases other than appeals from the magistrates’ courts when a judgment of guilty is entered.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>The costs shall be taxed as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>fees for witnesses produced by the Government or the defense, as fixed by law;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for a deposition of a witness for the defendant, $1;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>for issuing a warrant of arrest, 25 cents;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>for every adjournment of a trial on motion of the defendant, $2;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>for filing each paper required by law or pleading, 5 cents;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>for furnishing copies to the defendant of pleadings except the information, 15 cents per folio;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>for swearing each witness on trial, 10 cents;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>for a subpoena, including all the names contained therein, 25 cents, and in no case may more than six subpoenas be allowed for;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content>for receiving and entering a judgment, 25 cents;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <content>for warrant of commitment on sentence, 75 cents;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="11">(11) </num> <content>for record of conviction and filing the same, 75 cents;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="12">(12) </num> <content>for a return of any writ of certiorari, 25 cents; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="13">(13) </num> <content>fee for services of the marshal as provided by item (15) of section 345 of this title.</content> </paragraph> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Security for Costs</heading> <section> <num value="391">§ 391. </num> <heading>Requirement of security for costs</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The plaintiff in a civil action or proceeding in the district court or in a magistrate’s court may be required to give security for the costs upon motion of the opposing party or of an officer of the court interested in the costs accruing in the action or proceeding; and the court shall require the plaintiff to give security for costs within a reasonable time thereafter and not later than 10 days after the motion is presented to the court. If the plaintiff fails to comply with the order within the time prescribed by the court, the action or proceeding shall be dismissed.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Magistrates may in all cases require a deposit of money or an undertaking, as security for costs of court, before issuing a summons.</content> </subsection> </section> <section> <num value="392">§ 392. </num> <heading>Form of security; new or additional undertaking</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The security for costs required by this subchapter may consist of a money deposit, bond of a surety company, or cost bond with two or more good and sufficient sureties. The form of the security shall be determined by the court before which the proceedings are pending. If personal security is furnished, the sureties must be residents of the Canal Zone, and an officer of the court or attorney practicing before the court may not be accepted as surety.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Upon proof that the original undertaking is insufficient security, the court may order the giving of a new or additional undertaking within such time as the court prescribes. If the plaintiff fails to comply with the order within the time prescribed by the court, the proceedings shall be dismissed.</content> </subsection> <page identifier="/us/stat/76a/67">67</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>All bonds given as security for costs shall authorize judgment against all of the obligors of the bonds, jointly and severally, for such costs, to be entered in the final judgment of the action or special proceeding.</content> </subsection> </section> <section> <num value="393">§ 393. </num> <heading>Governmental exemptions</heading> <content>Security for costs may not be required of the United States, an agency thereof, an officer thereof who sues in his official capacity, or the public administrator.</content> </section> <section> <num value="394">§ 394. </num> <heading>Security by intervener or counterclaimant</heading> <content>This subchapter applies to an intervener. It also applies to a defendant who seeks a judgment against the plaintiff on a counterclaim, after the plaintiff has discontinued his action.</content> </section> <section> <num value="395">§ 395. </num> <heading>Costs secured by attachment or other bond</heading> <content>When the costs are secured by the provisions of an attachment or other bond, filed by the party required to give satisfactory security for costs, further security may not be required.</content> </section> </subchapter> </chapter> <chapter> <num class="bold" value="11">CHAPTER 11—</num> <heading class="bold">SURETY BONDS AND UNDERTAKINGS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>431.</designator> <label>Undertakings or bonds; requisites.</label></referenceItem> <referenceItem role="section"><designator>432.</designator> <label>Corporations as sureties.</label></referenceItem> <referenceItem role="section"><designator>433.</designator> <label>Justification by corporate sureties.</label></referenceItem> <referenceItem role="section"><designator>434.</designator> <label>Cash deposit in lieu of bond.</label></referenceItem> <referenceItem role="section"><designator>435.</designator> <label>Copies of bonds.</label></referenceItem> <referenceItem role="section"><designator>436.</designator> <label>Governmental exemption from bonds and undertakings.</label></referenceItem> <referenceItem role="section"><designator>437.</designator> <label>Subrogation of surety to rights of Judgment creditor.</label></referenceItem> <referenceItem role="section"><designator>438.</designator> <label>Enforcement of liability of surety.</label></referenceItem> <referenceItem role="section"><designator>439.</designator> <label>Attorneys as sureties.</label></referenceItem> </toc> <section> <num value="431">§ 431. </num> <heading>Undertakings or bonds; requisites</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>When an undertaking or bond is authorized or required by a law of the Canal Zone, the officer taking it shall, except as provided by section 432 of this title, require the sureties to include with the undertaking an affidavit stating that each one is:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a resident of the Canal Zone;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>worth the sum specified in the undertaking or bond, over and above all their just debts and liabilities, exclusive of property exempt from execution.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>When an undertaking or bond is in an amount exceeding $2,000, the affidavit shall also state:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the affiant’s place of residence;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a description sufficient for identification of property, real or personal, belonging to the affiant and relied upon by him as qualifying him on the bond or undertaking, and the nature of affiant’s interest or estate therein;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the affiant’s best estimate of the actual cash value of each property;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>any charge or lien against the property, including the amount thereof, known to the affiant, whether of public record or not; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>any other impediment or cloud known to the affiant on the free right of possession, use, benefit or enjoyment of the property.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>When the amount specified in the undertaking or bond exceeds $3,000 and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that specified in the undertaking or bond, if the whole amount is equivalent to that of two sufficient sureties. A corporation covered by section 432 of this title may become sole surety in a bond.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <chapeau>When an undertaking has been given and approved in an action or proceeding and it is thereafter made to appear to the satis-<page identifier="/us/stat/76a/68">68</page>f action of the court that any of its sureties is or has become insufficient, the court, upon notice, may order the giving of a new undertaking, with sufficient sureties, in lieu of the insufficient one. All rights obtained by the filing of the original undertaking shall immediately cease if:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the new undertaking is not given within the time required by the order; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the sureties thereon fail to justify when required.</content> </paragraph> </subsection> </section> <section> <num value="432">§ 432. </num> <heading>Corporations as sureties</heading> <content>When an undertaking or bond, with any number of sureties, is authorized or required by a law of the Canal Zone, a corporation with a paid-up capital of not less than $100,000, incorporated under the laws of a State of the United States for the purpose of making, guaranteeing, or becoming a surety upon bonds or undertakings required or authorized by law; or which, by the laws of the State where it was incorporated has that power; and which shall have complied with all the requirements of the law for the admission of corporations to transact that business in the Canal Zone, may become and shall be accepted as security or as sole and sufficient surety upon the undertaking or bond, and it shall be subject to all the liabilities and entitled to all the rights of natural person sureties.</content> </section> <section> <num value="433">§ 433. </num> <heading>Justification by corporate sureties</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau> <p class="indent0 firstIndent1 fontsize10">When the surety on a bond or undertaking authorized or required by a law of the Canal Zone is a foreign corporation, authorized to be a surety on bonds or undertakings in the Canal Zone, and exception is taken to its sufficiency as required by law, the corporate surety may justify on the bond or undertaking as provided in this section.</p> <p class="indent0 firstIndent1 fontsize10">An agent, attorney in fact, or officer of the corporation shall submit to the court, judge, officer, board, or other person before whom the justification is to be made:</p> </chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the original, or a certified copy of the power of attorney, bylaws, or other instrument showing the authority to execute the bonds or undertakings of the person or persons who executed them;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a certified copy of the certificate of authority showing that the corporation is authorized to transact business;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a certificate from the executive secretary showing that the certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended, or in the event that it has been, that renewed authority to act under it has been granted;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a financial statement verified under oath by the president, or a vice president and attested by the secretary or an assistant secretary of the corporation, showing the assets and liabilities of the corporation at the end of the quarter calendar year prior to the 45 days preceding the date of the execution of the bond or undertaking.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>The justification of the surety shall be complete and it shall be accepted as the sole and sufficient surety on the bond or undertaking if, upon complying with subsection (a) of this section, it appears that:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the bond or undertaking was duly executed;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the corporation is authorized to transact business in the Canal Zone; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>its assets exceed its liabilities in an amount equal to, or in excess of the amount of the bond or undertaking.</content> </paragraph> </subsection> </section> <section> <num value="434">§ 434. </num> <heading>Cash deposit in lieu of bond</heading> <content>In proceedings in which a bond is required the clerk of the district court may accept a cash deposit in the sum of the bond. Where a <page identifier="/us/stat/76a/69">69</page>cash bond is given, the moneys or any part thereof may be withdrawn only upon order of the court.</content> </section> <section> <num value="435">§ 435. </num> <heading>Copies of bonds</heading> <content>Bonds required in civil actions or proceedings, except bonds for arrest or appeal from inferior courts, shall be copied in full by the clerk in an appropriate book, and a copy, authenticated by him, shall have the force and effect of the original.</content> </section> <section> <num value="436">§ 436. </num> <heading>Governmental exemption from bonds and undertakings</heading> <content>The United States, an agency thereof, or an officer thereof in his official capacity, as a party plaintiff or defendant to a civil action or proceeding, may not be required to give a bond, written undertaking, or security; and on complying with the other provisions of this Code, has the same rights, remedies, and benefits as if the bond, undertaking, or security, had been given or approved.</content> </section> <section> <num value="437">§ 437. </num> <heading>Subrogation of surety to rights of judgment creditor</heading> <content>When a surety on an undertaking on appeal, executed to stay proceedings upon a money judgment, pays the judgment, either with or without action, after its affirmance by the appellate court, he is substituted to the rights of the judgment creditor, and is entitled to control, enforce, and satisfy the judgment, in all respects as if he had recovered the same.</content> </section> <section> <num value="438">§ 438. </num> <heading>Enforcement of liability of surety</heading> <content>A surety upon a bond or undertaking given in a civil action or special proceeding in the district court submits himself to the jurisdiction of the court and irrevocably appoints the clerk of the court as his agent upon whom papers affecting his liability on the bond or undertaking may be served. His liability may be enforced on motion without the necessity of an independent action. The motion and such notice as the court prescribes may be served on the clerk of the court who shall forthwith mail copies to the surety if his address is known.</content> </section> <section> <num value="439">§ 439. </num> <heading>Attorneys as sureties</heading> <content>Attorneys may not be accepted as sureties upon bonds or recognizances required to be filed in court.</content> </section> </chapter> <chapter> <num class="bold" value="13">CHAPTER 13—</num> <heading class="bold">JURORS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>471.</designator> <label>Selection, summoning and service of jurors.</label></referenceItem> <referenceItem role="section"><designator>472.</designator> <label>Compensation of jurors.</label></referenceItem> </toc> <section> <num value="471">§ 471. </num> <heading>Selection, summoning and service of jurors</heading> <content>The district court shall provide for the selection, summoning and serving of jurors from among the citizens of the United States subject to jury duty to serve in the division of the district in which the jurors reside.</content> </section> <section> <num value="472">§ 472. </num> <heading>Compensation of jurors</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Jurors who are employed by the United States or an agency or instrumentality thereof in the Canal Zone shall receive their full pay for the time spent attending court and shall not receive compensation from the court for their attendance as jurors. Their periods of service as jurors may not be deducted from the time allowed for any leave of absence authorized by law.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Jurors who are not employed as provided by subsection (a) of this section shall be allowed a jury fee of $7 per diem during the time of their attendance.</content> </subsection> </section> </chapter> <page identifier="/us/stat/76a/70">70</page> <chapter> <num class="bold" value="15">CHAPTER 15—</num> <heading class="bold">PROBATION OFFICER</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>511.</designator> <label>Appointment of probation officer and deputies.</label></referenceItem> <referenceItem role="section"><designator>512.</designator> <label>Duties of probation officer.</label></referenceItem> <referenceItem role="section"><designator>513.</designator> <label>Arrest of probationer or parolee.</label></referenceItem> </toc> <section> <num value="511">§ 511. </num> <heading>Appointment of probation officer and deputies</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The Governor shall appoint a qualified person to serve as probation officer of the district court and the magistrates’ courts, and may appoint as many deputy probation officers as he deems necessary. The probation officer and deputies shall also serve as parole officer and deputy parole officers, respectively, and, when so serving, shall be referred to by those designations. The probation officer and deputies shall serve at the pleasure of the Governor, and the deputies shall be under the immediate direction and control of the probation officer.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If the Governor deems it necessary, he may appoint a qualified person, who may be an officer or employee of the Canal Zone Government assigned for the purpose, to act as probation officer or deputy probation officer, whenever the probation officer or deputy probation officer is unable to perform his duties because of temporary disability or absence.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Section 101 of Title 2 applies to the fixing of compensation and establishment of conditions of employment of the probation officer and deputies, and acting probation officer.</content> </subsection> </section> <section> <num value="512">§ 512. </num> <heading>Duties of probation officer</heading> <chapeau>The probation officer shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>furnish to each probationer under his supervision a written statement of the conditions of probation, and instruct him regarding them;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>keep informed concerning the conduct and condition of each probationer under his supervision and report thereon to the proper court;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>use all suitable methods, not inconsistent with the conditions imposed by the court, to aid probationers and to bring about improvements in their conduct and condition;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>keep records of his work;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>keep accurate and complete accounts of all moneys collected from persons under his supervision, and give receipts for the moneys so collected and make at least monthly returns thereof to the proper court;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>make such reports to the courts as they may at any time require;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>make pre-sentence investigations when directed by the courts concerned:</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>perform such duties with respect to parole as the Governor directs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content>perform such duties with respect to unofficial probation as the United States attorney directs; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <content>perform such other duties as the Governor or the Judge of the district court directs.</content> </paragraph> </section> <section> <num value="513">§ 513. </num> <heading>Arrest of probationer or parolee</heading> <content>Within the probation or parole period, the probation officer may for cause arrest the probationer or parolee wherever found, without a warrant.</content> </section> </chapter> <page identifier="/us/stat/76a/71">71</page> <chapter> <num class="bold" value="17">CHAPTER 17—</num> <heading class="bold">ATTORNEYS AT LAW</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">admission, removal, and suspension of attorneys</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>541.</designator> <label>Admission to practice.</label></referenceItem> <referenceItem role="section"><designator>542.</designator> <label>Certificate of admission.</label></referenceItem> <referenceItem role="section"><designator>543.</designator> <label>Oath.</label></referenceItem> <referenceItem role="section"><designator>544.</designator> <label>Roll of attorneys.</label></referenceItem> <referenceItem role="section"><designator>545.</designator> <label>Grounds for removal, suspension or discipline.</label></referenceItem> <referenceItem role="section"><designator>546.</designator> <label>Proceedings for removal, suspension or discipline generally.</label></referenceItem> <referenceItem role="section"><designator>547.</designator> <label>Accusation.</label></referenceItem> <referenceItem role="section"><designator>548.</designator> <label>Service on accused; citation by publication.</label></referenceItem> <referenceItem role="section"><designator>549.</designator> <label>Appearance.</label></referenceItem> <referenceItem role="section"><designator>550.</designator> <label>Answer.</label></referenceItem> <referenceItem role="section"><designator>551.</designator> <label>Trial.</label></referenceItem> <referenceItem role="section"><designator>552.</designator> <label>Reference to take depositions.</label></referenceItem> <referenceItem role="section"><designator>553.</designator> <label>Judgment.</label></referenceItem> <referenceItem role="section"><designator>554.</designator> <label>Disqualified attorney as plaintiff.</label></referenceItem> <referenceItem role="section"><designator>555.</designator> <label>Reinstatement of suspended or disbarred attorneys.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">powers and duties of attorneys</inline></label></referenceItem> <referenceItem role="section"><designator>571.</designator> <label>Who may conduct litigation.</label></referenceItem> <referenceItem role="section"><designator>572.</designator> <label>Duties generally.</label></referenceItem> <referenceItem role="section"><designator>573.</designator> <label>Authority.</label></referenceItem> <referenceItem role="section"><designator>574.</designator> <label>Change of attorney; consent; contingent fee cases.</label></referenceItem> <referenceItem role="section"><designator>575.</designator> <label>Notice of change.</label></referenceItem> <referenceItem role="section"><designator>576.</designator> <label>Death or removal of attorney.</label></referenceItem> <referenceItem role="section"><designator>577.</designator> <label>Reasonable compensation; contract for services.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Admission, Removal, and Suspension of Attorneys</heading> <section> <num value="541">§ 541. </num> <heading>Admission to practice</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The following persons may, on motion in open court, be admitted by the district judge to practice as an attorney of the district court:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a person who is admitted to practice in the Supreme Court of the United States, or in the highest court of a State of the United States;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>a person who is admitted to practice in the highest court of a foreign country the jurisprudence of which is based upon the principles of the English common law, if, in the case provided by this paragraph:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the education requirements for practice in the foreign country are a Bachelor of Laws degree, or equivalent, granted for successful passage of at least a three-year law course in residence;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the law school from which the person received the degree is a law school acceptable to the district judge for the purposes of this subsection; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the person has practiced law for at least three years within the period of five years immediately prior to making application in the Canal Zone.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>A person may be admitted by the district judge to practice as an attorney of the district court upon satisfactorily passing an examination in the law to be prescribed and conducted by the district judge or by a committee of the bar appointed by him for that purpose, if the applicant shall establish that he has attained the age of 21 years and that he has received a Bachelor of Laws degree, or equivalent, granted for the successful passage of at least a three-year law course, m residence, by a law school acceptable to the district judge for the purposes of this subsection, either in a:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>State of the United States; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>foreign country the jurisprudence of which is based on the English common law; or</content> </paragraph> <page identifier="/us/stat/76a/72">72</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>foreign country the jurisprudence of which is not based upon the English common law, if, in the case provided in this paragraph, the applicant establishes that:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>he is admitted to practice in the highest court of either the country in which he received the degree or the country of which he is a citizen or subject; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>subsequent to the receipt of the degree, he has satisfactorily completed at least one year’s study, in residence, including a suitable schedule of instruction in practice and procedure, in an acceptable law school in the United States, or has studied law for a period of two years in the office of an attorney having an active practice in the Canal Zone.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>An applicant under this section shall establish that he is a person of good moral character, that he is a resident of the Isthmus of Panama, and that it is his good faith intention to engage in the actual and present practice of law before the courts of the Canal Zone if admitted to the bar.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The district court may prescribe and from time to time amend such rules as it deems necessary or desirable governing the qualifications of candidates, the form and content of applications, and the procedures governing applications, examinations, and admissions, subject to the requirements of this chapter. An applicant for admission shall upon the filing of his application pay to the clerk of court a fee of $15. The fee shall be accounted for by the clerk as miscellaneous receipts.</content> </subsection> </section> <section> <num value="542">§ 542. </num> <heading>Certificate of admission</heading> <content>Upon admission of an applicant to the bar, the district court shall direct that an order be entered to that effect upon its records, and that a certificate of admission be given to him by the clerk of the court, which certificate shall be his license.</content> </section> <section> <num value="543">§ 543. </num> <heading>Oath</heading> <content>Before receiving a certificate the applicant shall take and subscribe in court the following oath:<quotedContent> <p class="indent0 firstIndent1 fontsize10">“I, __________ recognize and accept the supreme authority of the United States of America in the Canal Zone, and I do swear that I will obey the existing laws which rule in the Canal Zone, as well as the legal orders and decrees of the duly constituted authorities therein; that I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion.</p> <p class="indent0 firstIndent1 fontsize10">“I do solemnly swear that I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any false, groundless, or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or malice, but will conduct myself in the office of a lawyer within the courts according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients. So help me God.”</p> </quotedContent> </content> </section> <section> <num value="544">§ 544. </num> <heading>Roll of attorneys</heading> <content>The clerk of the district court shall keep a roll of attorneys admitted to practice, signed by the persons admitted before they receive their licenses.</content> </section> <section> <num value="545">§ 545. </num> <heading>Grounds for removal, suspension or discipline</heading> <chapeau>An attorney may be removed, suspended or otherwise disciplined by the district court for any of the following causes arising after his admission to practice:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>conviction of a crime involving moral turpitude, in which case the record of conviction is conclusive evidence;</content> </paragraph> <page identifier="/us/stat/76a/73">73</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>willful disobedience or violation of an order of the district court requiring him to do or forbear an act connected with or in the course of his profession, which he ought in good faith to do or forbear, and violation of the oath taken by him, or of his duties as attorney;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>corruptly or willfully and without authority appearing as attorney for a party to an action or proceeding;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>lending his name to be used as attorney by another person who is not an attorney;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>commission of any act involving moral turpitude, dishonesty, or corruption, whether committed in the course of his relations as an attorney or otherwise, and whether or not it constitutes a crime; and if the act constitutes a crime, conviction thereof in a criminal proceeding is not a condition precedent to disbarment or suspension from practice therefor.</content> </paragraph> </section> <section> <num value="546">§ 546. </num> <heading>Proceedings for removal, suspension or discipline generally</heading> <content>The proceedings to remove or suspend an attorney pursuant to section 545(1) of this title shall be taken by the district court on the receipt of a certified copy of the record of conviction. The proceedings pursuant to any other paragraph of section 545 of this title may be taken by the court for the matters within its knowledge, or may be taken upon the information of another.</content> </section> <section> <num value="547">§ 547. </num> <heading>Accusation</heading> <content>If the proceedings are upon the information of another, the accusation shall be in writing and shall state the matters charged, verified by the oath of some person to the effect that the charges therein contained are true. The verification may be made upon information and belief when the accusation is presented by an organized bar association.</content> </section> <section> <num value="548">§ 548. </num> <heading>Service on accused; citation by publication</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Upon receiving the accusation, the district court shall make an order requiring the accused to appear and answer it at a specified time, and shall cause a copy of the order and of the accusation to be served upon the accused at least five days before the day appointed in the order.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>The court may direct the service of a citation to the accused, requiring him to appear and answer the accusation, to be made by publication for 30 days in a newspaper of general circulation in the Canal Zone, if it appears by affidavit to the satisfaction of the court that the accused:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>resides out of the Canal Zone;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>has departed from the Canal Zone;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>can not, after diligence, be found within the Canal Zone; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>conceals himself to avoid the service of the order to show cause.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The citation shall be directed to the accused, recite the date of the filing of the accusation, the name of the accuser, and the general nature of the charges against him, and require him to appear and answer the accusation at a specified time.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>On proof of the publication of the citation as required by this section, the court has jurisdiction to proceed to hear the accusation and render judgment with like effect as if an order to show cause and a copy of the accusation had been personally served on the accused.</content> </subsection> </section> <page identifier="/us/stat/76a/74">74</page> <section> <num value="549">§ 549. </num> <heading>Appearance</heading> <content>The accused shall appear at the time appointed in the order, and answer the accusation, unless, for sufficient cause, the court assigns another day for that purpose. If he does not appear, the court may proceed and determine the accusation in his absence.</content> </section> <section> <num value="550">§ 550. </num> <heading>Answer</heading> <content> <p class="indent0 firstIndent1 fontsize10">The accused may answer to the accusation either by objecting to its sufficiency or by denying it.</p> <p class="indent0 firstIndent1 fontsize10">If he objects to the sufficiency of the accusation, the objection must be in writing, but need not be in any specific form. It is sufficient if it presents intelligibly the grounds of the objection.</p> <p class="indent0 firstIndent1 fontsize10">If he denies the accusation, the denial may be oral and without oath, and shall be entered upon the minutes.</p> <p class="indent0 firstIndent1 fontsize10">If an objection to the sufficiency of the accusation is not sustained, the accused shall answer within the time designated by the court.</p> </content> </section> <section> <num value="551">§ 551. </num> <heading>Trial</heading> <content> <p class="indent0 firstIndent1 fontsize10">If the accused pleads guilty, or refuses to answer the accusation, the court shall proceed to judgment.</p> <p class="indent0 firstIndent1 fontsize10">If he denies the matters charged, the court shall, at such time as it appoints, proceed to try the accusation.</p> </content> </section> <section> <num value="552">§ 552. </num> <heading>Reference to take depositions</heading> <content>The court may order a reference to a committee to take depositions in the matter.</content> </section> <section> <num value="553">§ 553. </num> <heading>Judgment</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Upon the receipt of a certified copy of the record of conviction of an attorney of a crime involving moral turpitude, the district court shall suspend the attorney until judgment in the case has become final. When judgment of conviction becomes final the court shall order the attorney suspended or disbarred.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>When the attorney has been found guilty of the charges made in proceedings not based upon a record of conviction, judgment shall be rendered disbarring him, suspending him from practice for a limited time, or otherwise disciplining him, according to the gravity of the offense charged.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>During a suspension or disbarment the attorney shall be precluded from practicing as an attorney at law or as an attorney or agent of another in and before all courts, commissions, and tribunals in the Canal Zone, and from practicing as attorney at law in any manner and from holding himself out to the public as an attorney at law. When disbarred his name shall be struck from the roll of attorneys.</content> </subsection> </section> <page identifier="/us/stat/76a/75">75</page> <section> <num value="554">§ 554. </num> <heading>Disqualified attorney as plaintiff</heading> <content>During a suspension or disbarment, a person who has been an attorney may not appear on his own behalf as plaintiff in the prosecution of an action where the subject of the action has been assigned to him subsequent to the entry of the judgment of suspension or disbarment.</content> </section> <section> <num value="555">§ 555. </num> <heading>Reinstatement of suspended or disbarred attorneys</heading> <content>The district court may reinstate suspended or disbarred attorneys in accordance with such rules governing the procedures therefor as it prescribes.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Powers and Duties of Attorneys</heading> <section> <num value="571">§ 571. </num> <heading>Who may conduct litigation</heading> <content>In either the district court or magistrates’ courts, a person may conduct his litigation personally or by the aid of an attorney admitted to the practice of law in the Canal Zone. Other attorneys who are admitted to practice in the Supreme Court of the United States, or in the highest court of a State or any foreign country, and who are in good standing in that court, may be permitted to prosecute or defend in an action on motion of an attorney admitted to practice in the Canal Zone.</content> </section> <section> <num value="572">§ 572. </num> <heading>Duties generally</heading> <chapeau>Every attorney shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>support the laws of the Canal Zone and the applicable laws of the United States;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>maintain the respect due to the courts of justice and judicial officers;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>counsel or maintain such actions, proceedings, or defenses only as appear to him legal or just, except the defense of a person charged with a public offense;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>maintain inviolate the confidence, and at every peril to himself, preserve the secrets, of his client;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>not encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>never reject, for any consideration personal to himself, the cause of the defenseless or the oppressed.</content> </paragraph> </section> <page identifier="/us/stat/76a/76">76</page> <section> <num value="573">§ 573. </num> <heading>Authority</heading> <chapeau>An attorney may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>bind his client in any of the steps of an action or proceeding by his agreement filed with the clerk, or entered upon the minutes of the court, and not otherwise; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>receive money claimed by his client in an action or proceeding during the pendency thereof, or after judgment, unless a revocation of his authority is filed, and upon the payment thereof, and not otherwise, discharge the claim or acknowledge satisfaction of the judgment.</content> </paragraph> </section> <section> <num value="574">§ 574. </num> <heading>Change of attorney; consent; contingent fee cases</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The attorney in an action or special proceeding may be changed before or after judgment or final determination:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>upon consent of both client and attorney, filed with the clerk, or entered upon the minutes; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>upon the order of the court, upon the application of either client or attorney, after notice from one to the other.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>When, under paragraph (2) of subsection (a) of this section, an attorney is changed in a civil case in which the fee or compensation of the attorney is contingent upon the recovery of money, the court shall determine the amount and terms of payment of the fee or compensation to be paid by the party.</content> </subsection> </section> <section> <num value="575">§ 575. </num> <heading>Notice of change</heading> <content>When an attorney is changed, as provided in section 574 of this title, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, shall be given to the adverse party. Until then, he shall recognize the former attorney.</content> </section> <section> <num value="576">§ 576. </num> <heading>Death or removal of attorney</heading> <content>When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action for whom he was acting as attorney, must, before any further proceedings are had against him, be required by the adverse party, by written notice, to appoint another attorney, or to appear in person.</content> </section> <section> <num value="577">§ 577. </num> <heading>Reasonable compensation; contract for services</heading> <content>An attorney is not entitled to have and recover from his client more than a reasonable compensation for the services rendered, having in view the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. In such cases the court is not bound by the opinion of attorneys as expert witnesses as to the proper compensation, and may disregard the testimony and base its conclusion on its own professional knowledge. A written contract for services controls the amount of recovery if found by the court not to be unconscionable or unreasonable.</content> </section> </subchapter> </chapter> 77 <num value="4">TITLE 4—</num><heading>CIVIL LAWS</heading> <toc> <headingItem> <designator><inline class="smallCaps">Chapter</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>1.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">General Provisions</inline></label> <target>1</target></referenceItem> <referenceItem role="chapter"><designator>3.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Persons</inline></label> <target>31</target></referenceItem> <referenceItem role="chapter"><designator>5.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Personal Rights</inline></label> <target>71</target></referenceItem> <referenceItem role="chapter"><designator>7.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Nature of Property</inline></label> <target>111</target></referenceItem> <referenceItem role="chapter"><designator>9.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Owners of Property</inline></label> <target>151</target></referenceItem> <referenceItem role="chapter"><designator>11.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Modifications of Ownership</inline></label> <target>181</target></referenceItem> <referenceItem role="chapter"><designator>13.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Rights of Owners</inline></label> <target>311</target></referenceItem> <referenceItem role="chapter"><designator>15.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Termination of Ownership</inline></label> <target>341</target></referenceItem> <referenceItem role="chapter"><designator>17.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">General Definitions Affecting Property</inline></label> <target>371</target></referenceItem> <referenceItem role="chapter"><designator>19.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Personal Property</inline></label> <target>401</target></referenceItem> <referenceItem role="chapter"><designator>21.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Modes of Acquiring Property</inline></label> <target>501</target></referenceItem> <referenceItem role="chapter"><designator>23.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Accession</inline></label> <target>531</target></referenceItem> <referenceItem role="chapter"><designator>25.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Transfer of Property</inline></label> <target>371</target></referenceItem> <referenceItem role="chapter"><designator>27.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Proof and Acknowledgment of Instruments</inline></label> <target>721</target></referenceItem> <referenceItem role="chapter"><designator>29.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Obligations in General</inline></label> <target>781</target></referenceItem> <referenceItem role="chapter"><designator>31.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Nature of a Contract</inline></label> <target>1001</target></referenceItem> <referenceItem role="chapter"><designator>33.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Creation of Contracts</inline></label> <target>1141</target></referenceItem> <referenceItem role="chapter"><designator>35.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Interpretation of Contracts</inline></label> <target>1181</target></referenceItem> <referenceItem role="chapter"><designator>37.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Unlawful Contracts</inline></label> <target>1241</target></referenceItem> <referenceItem role="chapter"><designator>39.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Extinction of Contracts</inline></label> <target>1271</target></referenceItem> <referenceItem role="chapter"><designator>41.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Obligations Imposed by Law</inline></label> <target>1351</target></referenceItem> <referenceItem role="chapter"><designator>43.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">General Provisions Affecting Chapters 45 to 105</inline></label> <target>1391</target></referenceItem> <referenceItem role="chapter"><designator>45.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Sales of Goods</inline></label> <target>1421</target></referenceItem> <referenceItem role="chapter"><designator>47.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Conditional Sales</inline></label> <target>1571</target></referenceItem> <referenceItem role="chapter"><designator>49.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Deposit in General</inline></label> <target>1631</target></referenceItem> <referenceItem role="chapter"><designator>51.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Deposit for Keeping</inline></label> <target>1691</target></referenceItem> <referenceItem role="chapter"><designator>53.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Deposit for Exchange</inline></label> <target>1931</target></referenceItem> <referenceItem role="chapter"><designator>55.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Loan</inline></label> <target>1961</target></referenceItem> <referenceItem role="chapter"><designator>57.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Hiring</inline></label> <target>2051</target></referenceItem> <referenceItem role="chapter"><designator>59.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Service With Employment</inline></label> <target>2101</target></referenceItem> <referenceItem role="chapter"><designator>61.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Particular Employments</inline></label> <target>2231</target></referenceItem> <referenceItem role="chapter"><designator>63.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Service Without Employment</inline></label> <target>2311</target></referenceItem> <referenceItem role="chapter"><designator>65.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Carriage in General</inline></label> <target>2341</target></referenceItem> <referenceItem role="chapter"><designator>67.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Carriage of Persons</inline></label> <target>2371</target></referenceItem> <referenceItem role="chapter"><designator>69.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Carriage of Property</inline></label> <target>2421</target></referenceItem> <referenceItem role="chapter"><designator>71.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Carriage of Messages</inline></label> <target>2531</target></referenceItem> <referenceItem role="chapter"><designator>73.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Common Carriers</inline></label> <target>2561</target></referenceItem> <referenceItem role="chapter"><designator>75.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Agency in General</inline></label> <target>2661</target></referenceItem> <referenceItem role="chapter"><designator>77.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Factors</inline></label> <target>2841</target></referenceItem> <referenceItem role="chapter"><designator>79.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Partnership in General</inline></label> <target>2871</target></referenceItem> <referenceItem role="chapter"><designator>81.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">General Partnership</inline></label> <target>2971</target></referenceItem> <referenceItem role="chapter"><designator>83.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Special Partnership</inline></label> <target>3121</target></referenceItem> <referenceItem role="chapter"><designator>85.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Insurance in General</inline></label> <target>3241</target></referenceItem> <referenceItem role="chapter"><designator>87.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Fire Insurance</inline></label> <target>3571</target></referenceItem> <referenceItem role="chapter"><designator>89.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Life and Disability Insurance</inline></label> <target>3611</target></referenceItem> <referenceItem role="chapter"><designator>91.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Indemnity</inline></label> <target>3651</target></referenceItem> <referenceItem role="chapter"><designator>93.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Guaranty in General</inline></label> <target>3691</target></referenceItem> <referenceItem role="chapter"><designator>95.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Suretyship</inline></label> <target>3831</target></referenceItem> <referenceItem role="chapter"><designator>97.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Liens in General</inline></label> <target>3961</target></referenceItem> <referenceItem role="chapter"><designator>99.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Mortgage</inline></label> <target>4111</target></referenceItem> <referenceItem role="chapter"><designator>101.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Pledge</inline></label> <target>4201</target></referenceItem> <referenceItem role="chapter"><designator>103.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Other Liens</inline></label> <target>4261</target></referenceItem> <referenceItem role="chapter"><designator>105.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Negotiable Instruments</inline></label> <target>4301</target></referenceItem> <referenceItem role="chapter"><designator>107.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Relief in General</inline></label> <target>4611</target></referenceItem> <referenceItem role="chapter"><designator>109.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Compensatory Relief</inline></label> <target>4641</target></referenceItem> <referenceItem role="chapter"><designator>111.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Specific and Preventive Relief</inline></label> <target>4761</target></referenceItem> <referenceItem role="chapter"><designator>113.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Torts Arising From Single Publication</inline></label> <target>4891</target></referenceItem> <referenceItem role="chapter"><designator>115.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Special Relations of Debtor and Creditor</inline></label> <target>4931</target></referenceItem> <referenceItem role="chapter"><designator>117.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Nuisance</inline></label> <target>5031</target></referenceItem> </toc> <page identifier="/us/stat/76a/78">78</page> <chapter> <num value="1">CHAPTER 1—</num><heading>GENERAL PROVISIONS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1.</designator> <label>Construction of title.</label></referenceItem> </toc> <section> <num value="1">§ 1. </num> <heading>Construction of title</heading> <content>The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this title. This title establishes the law of the Canal Zone respecting the subjects to which it relates.</content> </section> </chapter> <chapter> <num value="3">CHAPTER 3—</num><heading>PERSONS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>31.</designator> <label>Minors; married persons over 18; effect of annulment.</label></referenceItem> <referenceItem role="section"><designator>32.</designator> <label>Periods of minority.</label></referenceItem> <referenceItem role="section"><designator>33.</designator> <label>Adults.</label></referenceItem> <referenceItem role="section"><designator>34.</designator> <label>Unborn child as existing person; limitation of actions for injuries.</label></referenceItem> <referenceItem role="section"><designator>35.</designator> <label>Delegation of powers by minors; incapacities.</label></referenceItem> <referenceItem role="section"><designator>36.</designator> <label>Contracts by minors.</label></referenceItem> <referenceItem role="section"><designator>37.</designator> <label>Disaffirmance by minors; rights of innocent purchaser.</label></referenceItem> <referenceItem role="section"><designator>38.</designator> <label>Contracts and obligations of minors which may not be disaffirmed.</label></referenceItem> <referenceItem role="section"><designator>39.</designator> <label>Contracts by persons without understanding.</label></referenceItem> <referenceItem role="section"><designator>40.</designator> <label>Contracts by persons of unsound mind.</label></referenceItem> <referenceItem role="section"><designator>41.</designator> <label>Powers of persons whose incapacity is adjudged.</label></referenceItem> <referenceItem role="section"><designator>42.</designator> <label>Liability of minors and mentally unsound persons for wrongs.</label></referenceItem> <referenceItem role="section"><designator>43.</designator> <label>Enforcement of minors’ rights.</label></referenceItem> </toc> <section> <num value="31">§ 31. </num> <heading>Minors; married persons over 18; effect of annulment</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Except as otherwise provided by this section, and subject to the provisions of Title 8 relating to marriage, minors are all persons under 21 years of age.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>A person who has reached the age of 18 years and thereafter contracts a lawful marriage, or who has contracted a lawful marriage and thereafter reaches the age of 18 years, is, in the first instance upon contracting the marriage, and in the second instance upon reaching the age of 18 years, of the age of majority and an adult person for the purpose of:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>entering into an engagement or transaction respecting property or his estate;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>entering into a contract; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>maintaining or defending an action affecting his marital status, including an action or proceeding involving his support or the support or custody of children of the marriage, or determination of property rights—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">the same as if he were 21 years of age.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Subsequent annulment of a marriage referred to by subsection (b) of this section does not deprive the person of his adult status once attained under the provisions of that subsection, unless the judgment of annulment is obtained in an action commenced prior to his reaching the age of 18 years. In the latter case, he has remained a minor at all times notwithstanding the marriage.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>This section does not limit section 343 of Title 8.</content> </subsection> </section> <section> <num value="32">§ 32. </num> <heading>Periods of minority</heading> <content>The periods specified by section 31 of this title are calculated from the first minute of the day on which persons are born to the same minute of the corresponding day completing the period of minority.</content> </section> <section> <num value="33">§ 33. </num> <heading>Adults</heading> <content>All persons who are not minors, as provided by this chapter, are adults.</content> </section> <section> <num value="34">§ 34. </num> <heading>Unborn child as existing person; limitation of actions for injuries</heading> <content> <p class="indent0 firstIndent1 fontsize10">A child conceived, but not yet born, is to be deemed an existing person, as far as may be necessary for its interests in the event of its subsequent birth.</p> <page identifier="/us/stat/76a/79">79</page> <p class="indent0 firstIndent1 fontsize10">An action by or on behalf of a minor for personal injuries sustained prior to or in the course of his birth is barred unless brought within six years from the date of the birth of the minor; and the time the minor is under a disability provided by section 73 of Title 5 may not be excluded in computing the time limited for the commencement of the action.</p> </content> </section> <section> <num value="35">§ 35. </num> <heading>Delegation of powers by minors; incapacities</heading> <content>A minor can not give a delegation of power, nor, under the age of 18, make a contract relating to real property, or an interest therein, or relating to personal property not in his immediate possession or control.</content> </section> <section> <num value="36">§ 36. </num> <heading>Contracts by minors</heading> <chapeau>Except as provided by section 35 of this title, a minor may make contracts in the same manner as an adult, subject only to:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a minor’s power of disaffirmance under the provisions of this chapter; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the provisions of Title 8 relating to marriage.</content> </paragraph> </section> <section> <num value="37">§ 37. </num> <heading>Disaffirmance by minors; rights of innocent purchaser</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Except as provided by section 38 of this title, the contract of a minor, if made while he is under the age of 18 years, may be disaffirmed:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by the minor himself, either before his majority or within a reasonable time afterwards: or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in case of his death within the period referred to in paragraph (1) of this subsection, by his heirs or personal representatives.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">If the contract is made by the minor while he is over the age of 18 years, he may disaffirm it in like manner upon restoring the consideration, or paying its equivalent, to the party from whom it was received.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If, before the contract of a minor is disaffirmed, the goods which he has sold are transferred to another purchaser who bought them in good faith for value and without notice of the transferor’s defect of title, the minor may not recover the goods from an innocent purchaser.</content> </subsection> </section> <section> <num value="38">§ 38. </num> <heading>Contracts and obligations of minors which may not be disaffirmed</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A minor may not disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary for his support, or that of lets family, entered into by him when not under the care of a parent or guardian able to provide for him or them, if these things have been actually furnished to him or his family.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A minor may not disaffirm an obligation, otherwise valid, entered into by him under the express authority or direction of a statute.</content> </subsection> </section> <section> <num value="39">§ 39. </num> <heading>Contracts by persons without understanding</heading> <content>A person entirely without understanding may not make a contract, but he is liable for the reasonable value of things furnished to him necessary for his support or that of his family.</content> </section> <section> <num value="40">§ 40. </num> <heading>Contracts by persons of unsound mind</heading> <content>A contract of a person of unsound mind, but not entirely without understanding, made before his incapacity is judicially determined, is subject to rescission, as provided by sections 1291–1294 of this title.</content> </section> <section> <num value="41">§ 41. </num> <heading>Powers of persons whose incapacity is adjudged</heading> <content>After his incapacity is judicially determined, a person of unsound mind may not make a contract, nor delegate any power or waive any right, until his restoration to capacity by the court.</content> </section> <page identifier="/us/stat/76a/80">80</page> <section> <num value="42">§ 42. </num> <heading>Liability of minors and mentally unsound persons for wrongs</heading> <content>A minor, or a person of unsound mind of whatever degree, is civilly liable for a wrong done by him, but is not liable in exemplary damages unless at the time of the act he was capable of knowing that it was wrongful.</content> </section> <section> <num value="43">§ 43. </num> <heading>Enforcement of minors’ rights</heading> <content>A minor may enforce his rights by civil action or other legal proceedings in the same manner as a person of full age, except that a guardian must conduct the action or proceedings.</content> </section> </chapter> <chapter> <num value="5">CHAPTER 5—</num><heading>PERSONAL RIGHTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>71.</designator> <label>General personal rights.</label></referenceItem> <referenceItem role="section"><designator>72.</designator> <label>Defamation.</label></referenceItem> <referenceItem role="section"><designator>73.</designator> <label>Libel.</label></referenceItem> <referenceItem role="section"><designator>74.</designator> <label>Slander.</label></referenceItem> <referenceItem role="section"><designator>75.</designator> <label>Privileged publications; inference of malice.</label></referenceItem> <referenceItem role="section"><designator>76.</designator> <label>Abduction and seduction.</label></referenceItem> <referenceItem role="section"><designator>77.</designator> <label>Wrongs not actionable.</label></referenceItem> <referenceItem role="section"><designator>78.</designator> <label>Right to use force.</label></referenceItem> </toc> <section> <num value="71">§ 71. </num> <heading>General personal rights</heading> <chapeau>In addition to the personal rights recognized by section 31 of Title 1, and by Part 2 of Title 6, and subject to the qualifications and restrictions provided by law, every person has the right of protection from:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>bodily restraint or harm;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>personal insult;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>defamation; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>injury to his personal relations.</content> </paragraph> </section> <section> <num value="72">§ 72. </num> <heading>Defamation</heading> <content>Defamation is effected by libel or slander.</content> </section> <section> <num value="73">§ 73. </num> <heading>Libel</heading> <chapeau>Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>exposes a person to hatred, contempt, ridicule, or obloquy; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>causes him to be shunned or avoided; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>has a tendency to injure him in his occupation.</content> </paragraph> </section> <section> <num value="74">§ 74. </num> <heading>Slander</heading> <chapeau>Slander is a false and unprivileged publication other than libel, which:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>charges a person with crime, or with having been indicted, convicted, or punished for crime; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>imputes to him the present existence of an infectious, contagious, or loathsome disease; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>tends directly to injure him in respect to his office, profession, trade, or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession trade, or business that has a natural tendency to lessen its profits; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>imputes to him impotence or a want of chastity; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>by natural consequence, causes actual damage.</content> </paragraph> </section> <section> <num value="75">§ 75. </num> <heading>Privileged publications; inference of malice</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A privileged publication is one made:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in the proper discharge of an official duty;</content> </paragraph> <page identifier="/us/stat/76a/81">81</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>except as provided by subsection (b) of this section, in a judicial proceeding or other official proceeding authorized by law;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>in a communication, without malice, to a person interested therein, by one who:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>is also interested; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>is requested by the person interested to give the information;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau>by a fair and true report, without malice, in a public journal, of:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>a judicial or other public official proceeding; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>anything said in the course thereof; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>a verified charge or complaint made by a person to a public official, upon which a warrant has been issued;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <chapeau>by a fair and true report of the proceedings of a public meeting, without malice, if:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the meeting was lawfully convened for a lawful purpose; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the publication of the matter complained of was for the public benefit.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>An allegation or averment contained in a pleading or affidavit filed in an action for divorce or an action prosecuted pursuant to section 234 of Title 8, made about a person by or against whom no affirmative relief is not prayed in the action, is not a privileged publication as to the person making the allegation or averment within the meaning of this section, unless:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the pleading is verified or the affidavit is sworn to, and is made without malice by a person having reasonable and probable cause for believing the truth of the allegation or averment; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the allegation or averment is material and relevant to the issues in the action.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>In the cases provided for by clauses (3), (4) and (5) of subsection (a) of this section, malice is not inferred from the communication or publication.</content> </subsection> </section> <section> <num value="78.">§ 76. </num> <heading>Abduction and seduction</heading> <chapeau>The rights of personal relations forbid the:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>abduction or enticement of a child from a parent, or from a guardian entitled to its custody; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>seduction of a person below 21 years of age, or of a person</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">who, through unsoundness of mind, temporary or permanent, is incapable of giving legal consent.</continuation> </section> <section> <num value="77">§ 77. </num> <heading>Wrongs not actionable</heading> <chapeau>A cause of action does not arise for:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>alienation of affections;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>criminal conversation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the seduction of a person over 21 years of age, unless she was incapable of giving legal consent through unsoundness of mind, temporary or permanent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>breach of promise of marriage; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>a fraudulent promise to marry or to cohabit after marriage.</content> </paragraph> </section> <section> <num value="78">§ 78. </num> <heading>Right to use force</heading> <content>Necessary force may be used to protect from wrongful injury the person or property of oneself, or of a spouse, child, parent, or other relative, or member of one’s family, or of a ward, servant, master, or guest.</content> </section> </chapter> <page identifier="/us/stat/76a/82">82</page> <chapter> <num value="7">CHAPTER 7—</num><heading>NATURE OF PROPERTY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>111.</designator> <label>Ownership; property defined.</label></referenceItem> <referenceItem role="section"><designator>112.</designator> <label>Things subject to ownership.</label></referenceItem> <referenceItem role="section"><designator>113.</designator> <label>Wild animals.</label></referenceItem> <referenceItem role="section"><designator>114.</designator> <label>Classification of property as real or personal.</label></referenceItem> <referenceItem role="section"><designator>115.</designator> <label>Real property defined.</label></referenceItem> <referenceItem role="section"><designator>116.</designator> <label>Land defined.</label></referenceItem> <referenceItem role="section"><designator>117.</designator> <label>Fixtures defined.</label></referenceItem> <referenceItem role="section"><designator>118.</designator> <label>Personal property defined.</label></referenceItem> </toc> <section> <num value="111">§ 111. </num> <heading>Ownership; property defined</heading> <content>The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this title, the thing of which there may be ownership is called property.</content> </section> <section> <num value="112">§ 112. </num> <heading>Things subject to ownership</heading> <chapeau>There may be ownership of:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>inanimate things which are capable of appropriation or of manual delivery;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>domestic animals;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>obligations;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>products of labor or skill such as the composition of an author, the goodwill of a business, trademarks and signs; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>rights created or granted by, statute.</content> </paragraph> </section> <section> <num value="113">§ 113. </num> <heading>Wild animals</heading> <content>Animals wild by nature are the subjects of ownership, while living, only when on the land of the person claiming them, or when tamed, or taken and held in possession, or disabled and immediately pursued.</content> </section> <section> <num value="114">§ 114. </num> <heading>Classification of property as real or personal</heading> <chapeau>Property is either:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>real or immovable; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>personal or movable.</content> </paragraph> </section> <section> <num value="115">§ 115. </num> <heading>Real property defined</heading> <chapeau>Real or immovable property consists of:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>land;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that which is affixed to land;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that which is incidental or appurtenant to land; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>that which is immovable by law.</content> </paragraph> </section> <section> <num value="116">§ 116. </num> <heading>Land defined</heading> <content>Land is the solid material of the earth, whatever may be its ingredients.</content> </section> <section> <num value="117">§ 117. </num> <heading>Fixtures defined</heading> <chapeau>A thing is affixed to the land when it is:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>attached to it by roots, as in the case of trees, vines or shrubs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>imbedded in it, as in the case of walls;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>permanently resting upon it, as in the case of buildings; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws.</content> </paragraph> </section> <section> <num value="118">§ 118. </num> <heading>Personal property defined</heading> <content>Every kind of property that is not real is personal.</content> </section> </chapter> <chapter> <num value="9">CHAPTER 9—</num><heading>OWNERS OF PROPERTY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>151.</designator> <label>Ownership.</label></referenceItem> <referenceItem role="section"><designator>152.</designator> <label>Persons who may own property.</label></referenceItem> </toc> <page identifier="/us/stat/76a/83">83</page> <section> <num value="151">§ 151. </num> <heading>Ownership</heading> <content>All property has an owner, whether that owner is the government, and the property public, or the owner an individual, and the property private.</content> </section> <section> <num value="152">§ 152. </num> <heading>Persons who may own property</heading> <content>Any person, whether citizen or alien, may take, hold, and dispose of property within the Canal Zone.</content> </section> </chapter> <chapter> <num value="11">CHAPTER 11—</num><heading>MODIFICATIONS OF OWNERSHIP</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">interests in property</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>181.</designator> <label>Ownership as absolute or qualified.</label></referenceItem> <referenceItem role="section"><designator>182.</designator> <label>Absolute ownership.</label></referenceItem> <referenceItem role="section"><designator>183.</designator> <label>Qualified ownership.</label></referenceItem> <referenceItem role="section"><designator>184.</designator> <label>Several ownership.</label></referenceItem> <referenceItem role="section"><designator>185.</designator> <label>Ownership of several persons.</label></referenceItem> <referenceItem role="section"><designator>186.</designator> <label>Joint interest.</label></referenceItem> <referenceItem role="section"><designator>187.</designator> <label>Partnership interest.</label></referenceItem> <referenceItem role="section"><designator>188.</designator> <label>Interest is common.</label></referenceItem> <referenceItem role="section"><designator>189.</designator> <label>Community property.</label></referenceItem> <referenceItem role="section"><designator>190.</designator> <label>Interests classified as to time.</label></referenceItem> <referenceItem role="section"><designator>191.</designator> <label>Present interest.</label></referenceItem> <referenceItem role="section"><designator>192.</designator> <label>Future interest.</label></referenceItem> <referenceItem role="section"><designator>193.</designator> <label>Perpetual interest.</label></referenceItem> <referenceItem role="section"><designator>194.</designator> <label>Limited interest.</label></referenceItem> <referenceItem role="section"><designator>195.</designator> <label>Kinds of future interests.</label></referenceItem> <referenceItem role="section"><designator>196.</designator> <label>Vested future interests.</label></referenceItem> <referenceItem role="section"><designator>197.</designator> <label>Contingent future interests.</label></referenceItem> <referenceItem role="section"><designator>198.</designator> <label>Two or more future interests.</label></referenceItem> <referenceItem role="section"><designator>199.</designator> <label>Future interests; improbability of contingency.</label></referenceItem> <referenceItem role="section"><designator>200.</designator> <label>Future Interests; posthumous children.</label></referenceItem> <referenceItem role="section"><designator>201.</designator> <label>Transfer of title to future interests.</label></referenceItem> <referenceItem role="section"><designator>202.</designator> <label>Future interests; possibilities.</label></referenceItem> <referenceItem role="section"><designator>203.</designator> <label>Future interests which are recognized.</label></referenceItem> <referenceItem role="section"><designator>204.</designator> <label>United States bonds or obligations; title upon death of owner or co-owner.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">conditions of ownership</inline></label></referenceItem> <referenceItem role="section"><designator>231.</designator> <label>Time of enjoyment of property.</label></referenceItem> <referenceItem role="section"><designator>232.</designator> <label>Conditions precedent or subsequent.</label></referenceItem> <referenceItem role="section"><designator>233.</designator> <label>Conditions precedent requiring wrongful or unlawful acts.</label></referenceItem> <referenceItem role="section"><designator>234.</designator> <label>Conditions in restraint of marriage.</label></referenceItem> <referenceItem role="section"><designator>235.</designator> <label>Conditions restraining alienation.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">restraints upon alienation</inline></label></referenceItem> <referenceItem role="section"><designator>251.</designator> <label>Rule against perpetuities; vesting of interest in property.</label></referenceItem> <referenceItem role="section"><designator>252.</designator> <label>Same; determination of permissible period for vesting of future interest.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">accumulations</inline></label></referenceItem> <referenceItem role="section"><designator>271.</designator> <label>Dispositions of income.</label></referenceItem> <referenceItem role="section"><designator>272.</designator> <label>Accumulations which are void</label></referenceItem> <referenceItem role="section"><designator>273.</designator> <label>Accumulation of income.</label></referenceItem> <referenceItem role="section"><designator>274.</designator> <label>Directions for accumulation beyond limit.</label></referenceItem> <referenceItem role="section"><designator>275.</designator> <label>Destitute beneficiaries.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Interests in Property</heading> <section> <num value="181">§ 181. </num> <heading>Ownership as absolute or qualified</heading> <chapeau>The ownership of property is either:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>absolute; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>qualified.</content> </paragraph> </section> <section> <num value="182">§ 182. </num> <heading>Absolute ownership</heading> <content>The ownership of property is absolute when one person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws.</content> </section> <page identifier="/us/stat/76a/84">84</page> <section> <num value="183">§ 183. </num> <heading>Qualified ownership</heading> <chapeau>The ownership of property is qualified when:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>it is shared with one or more persons;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the time of enjoyment is deferred or limited; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the use is restricted.</content> </paragraph> </section> <section> <num value="184">§ 184. </num> <heading>Several ownership</heading> <content>The ownership of property by one person is designated as a sole or several ownership.</content> </section> <section> <num value="185">§ 185. </num> <heading>Ownership of several persons</heading> <chapeau>The ownership of property by several persons is either of:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>joint interests;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>partnership interests;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>interests in common; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>community interest of husband and wife.</content> </paragraph> </section> <section> <num value="186">§ 186. </num> <heading>Joint interest</heading> <content>A joint interest is one owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or by transfer from a sole owner to himself and others, or from tenants in common or joint tenants to themselves or some of them, or to themselves or any of them and others, or from a husband and wife, when holding title as community property or otherwise to themselves or to themselves and others or to one of them and to another or others, when expressly declared in the transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants. A joint tenancy in personal property may be created by a written transfer, instrument, or agreement.</content> </section> <section> <num value="187">§ 187. </num> <heading>Partnership interest</heading> <content>A partnership interest is one owned by several persons, in partnership, for partnership purposes.</content> </section> <section> <num value="188">§ 188. </num> <heading>Interest in common</heading> <chapeau>An interest created in favor of several persons in their own right is an interest in common, unless:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>acquired by them in partnership, for partnership purposes;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>declared in its creation to be a joint interest, as provided by section 186 of this title; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>acquired as community property.</content> </paragraph> </section> <section> <num value="189">§ 189. </num> <heading>Community property</heading> <content>Community property is property acquired by husband and wife, or either, during marriage, when not acquired as the separate property of either or as joint interests or interests in common.</content> </section> <section> <num value="190">§ 190. </num> <heading>Interests classified as to time</heading> <chapeau>In respect to the time of enjoyment, an interest in property is either:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>present or future; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>perpetual or limited.</content> </paragraph> </section> <section> <num value="191">§ 191. </num> <heading>Present interest</heading> <content>A present interest entitles the owner to the immediate possession of the property.</content> </section> <section> <num value="192">§ 192. </num> <heading>Future interest</heading> <content>A future interest entitles the owner to the possession of the property only at a future time.</content> </section> <page identifier="/us/stat/76a/85">85</page> <section> <num value="193">§ 193. </num> <heading>Perpetual interest</heading> <content>A perpetual interest has a duration equal to that of the property.</content> </section> <section> <num value="194">§ 194. </num> <heading>Limited interest</heading> <content>A limited interest has a duration less than that of the property.</content> </section> <section> <num value="195">§ 195. </num> <heading>Kinds of future interests</heading> <chapeau>A future interest is either:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>vested; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>contingent.</content> </paragraph> </section> <section> <num value="196">§ 196. </num> <heading>Vested future interests</heading> <content>A future interest is vested when there is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property, upon the ceasing of the intermediate or precedent interest.</content> </section> <section> <num value="197">§ 197. </num> <heading>Contingent future interests</heading> <content>A future interest is contingent while the person in whom, or the event upon which, it is limited to take effect remains uncertain.</content> </section> <section> <num value="198">§ 198. </num> <heading>Two or more future interests</heading> <content>Two or more future interests may be created to take effect in the alternative, so that if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly.</content> </section> <section> <num value="199">§ 199. </num> <heading>Future interests; improbability of contingency</heading> <content>A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect.</content> </section> <section> <num value="200">§ 200. </num> <heading>Same; posthumous children</heading> <content>When a future interest is limited to successors, heirs, issue or children, posthumous children are entitled to take in the same manner as if living at the death of their parent.</content> </section> <section> <num value="201">§ 201. </num> <heading>Same; transfer of title</heading> <content>Future interests pass by succession, will, and transfer, in the same manner as present interests.</content> </section> <section> <num value="202">§ 202. </num> <heading>Same; possibilities</heading> <content>A mere possibility, such as the expectancy of an heir apparent, is not an interest.</content> </section> <section> <num value="203">§ 203. </num> <heading>Future interests which are recognized</heading> <content>A future interest in property is recognized by the law only as defined in this title.</content> </section> <section> <num value="204">§ 204. </num> <heading>United States bonds or obligations; title upon death of owner or co-owner</heading> <content> <p class="indent0 firstIndent1 fontsize10">United States bonds or obligations, however designated, or whenever issued, which are registered in the names of two persons as co-owners in the alternative, shall, upon the death of either of the registered co-owners, become the sole and absolute property of the surviving co-owner, unless the Federal laws under which the bonds or other obligations were issued or the regulations governing the issuance thereof, provide otherwise.</p> <p class="indent0 firstIndent1 fontsize10">United States bonds or obligations, however designated, or whenever issued, which are registered in the name of one person payable on death to a named survivor, shall, upon the death of the registered owner, become the sole and absolute property of the surviving beneficiary named therein, unless the Federal laws under which the bonds or other obligations were issued or the regulations governing the issuance thereof, provide otherwise.</p> <page identifier="/us/stat/76a/86">86</page> <p class="indent0 firstIndent1 fontsize10">This section may not be construed to mean that prior to the enactment hereof the law of the Canal Zone was otherwise than as herein provided.</p> </content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Conditions of Ownership</heading> <section> <num value="231">§ 231. </num> <heading>Time of enjoyment of property</heading> <content>The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on events. In the latter case, the enjoyment is upon condition.</content> </section> <section> <num value="232">§ 232. </num> <heading>Conditions precedent or subsequent</heading> <content>Conditions are precedent or subsequent. The former fix the beginning, the latter the ending, of the right.</content> </section> <section> <num value="233">§ 233. </num> <heading>Conditions precedent requiring wrongful or unlawful acts</heading> <content>If a condition precedent requires the performance of an act wrong of itself, the instrument containing it is so far void, and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the condition is void.</content> </section> <section> <num value="234">§ 234. </num> <heading>Conditions in restraint of marriage</heading> <content>Conditions imposing restraints upon marriage, except upon the marriage of a minor, are void; but this does not affect limitations where the intent was not to forbid marriage, but only to give the use until marriage.</content> </section> <section> <num value="235">§ 235. </num> <heading>Conditions restraining alienation</heading> <content>Conditions restraining alienation, when repugnant to the interest created, are void.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Restraints Upon Alienation</heading> <section> <num value="251">§ 251. </num> <heading>Rule against perpetuities; vesting of interest in property</heading> <content>An interest in real or personal property is not valid unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest and any period of gestation involved in the situation to which the limitation applies. The lives selected to govern the time of vesting must not be so numerous nor so situated that evidence of their deaths is likely to be unreasonably difficult to obtain. This section makes effective in the Canal Zone the American common-law rule against perpetuities.</content> </section> <section> <num value="252">§ 252. </num> <heading>Same; determination of permissible period for vesting of future interest</heading> <content>The period of time during which an interest is destructible pursuant to the uncontrolled volition and for the exclusive personal benefit of the person having such a power of destruction is not to be included in determining the permissible period for the vesting of an interest within the rule against perpetuities.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Accumulations</heading> <section> <num value="271">§ 271. </num> <heading>Dispositions of income</heading> <content>Disposition of the income of property to accrue and to be received at any time subsequent to the execution of the instrument creating the disposition, are governed by the rules prescribed in this chapter in relation to future interests.</content> </section> <page identifier="/us/stat/76a/87">87</page> <section> <num value="272">§ 272. </num> <heading>Accumulations which are void</heading> <content>Directions for the accumulation of the income of property, except such as are allowed by this chapter, are void.</content> </section> <section> <num value="273">§ 273. </num> <heading>Accumulation of income</heading> <content>An accumulation of the income of property may be directed by a will, trust, or transfer in writing sufficient to pass the property or create the trust out of which the fund is to arise, for the benefit of one or more persons, objects, or purposes, but may not extend beyond the time permitted by this title for the vesting of future interests.</content> </section> <section> <num value="274">§ 274. </num> <heading>Directions for accumulation beyond limit</heading> <content>If the direction for an accumulation of the income of property is for a longer term than is limited by section 273 of this title, the direction only, whether separable or not from the other provisions of the instrument, is void as respects the time beyond the limit prescribed in that section, and no other part of the instrument is affected by the void portion of the direction.</content> </section> <section> <num value="275">§ 275. </num> <heading>Destitute beneficiaries</heading> <content>When a person for whose benefit an accumulation of income has been directed is destitute of other sufficient means of support or education, the proper court, upon application, may direct a suitable sum to be applied thereto out of the fund directed to be accumulated for his benefit.</content> </section> </subchapter> </chapter> <chapter> <num value="13">CHAPTER 13—</num><heading>RIGHTS OF OWNERS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>311.</designator> <label>Increase of property.</label></referenceItem> <referenceItem role="section"><designator>312.</designator> <label>Income of property with respect to future interests.</label></referenceItem> </toc> <section> <num value="311">§ 311. </num> <heading>Increase of property</heading> <content>The owner of a thing owns also all its products and accessories.</content> </section> <section> <num value="312">§ 312. </num> <heading>Income of property with respect to future interests</heading> <content>When, in consequence of a valid limitation of a future interest, there is a suspension of the power of alienation or of the ownership, during the continuation of which the income is undisposed of, and a valid direction for its accumulation is not given, the income belongs to the person presumptively entitled to the next eventual interest.</content> </section> </chapter> <chapter> <num value="15">CHAPTER 15—</num><heading>TERMINATION OF OWNERSHIP</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>341.</designator> <label>Defeat of future interests.</label></referenceItem> <referenceItem role="section"><designator>342.</designator> <label>Alienation or loss of precedent interest as affecting future interest.</label></referenceItem> <referenceItem role="section"><designator>343.</designator> <label>Premature determination of precedent interest as effecting future interest.</label></referenceItem> </toc> <section> <num value="341">§ 341. </num> <heading>Defeat of future interests</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A future interest, depending on the contingency of the death of a person without successors, heirs, issue, or children, is defeated by the birth of a posthumous child of that person, capable of taking by succession.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A future interest may be defeated in a manner or by an act or means which the party creating it provided for or authorized in the creation thereof. A future interest, thus liable to be defeated, is not, on that ground, void in its creation.</content> </subsection> </section> <section> <num value="342">§ 342. </num> <heading>Alienation or loss of precedent interest as affecting future interest</heading> <content>A future interest is not defeated or barred by an alienation or other act of the owner of the intermediate or precedent interest, or by destruction of the precedent interest by forfeiture, surrender, merger, or otherwise, except as provided by section 343 of this title, or where a forfeiture is imposed by statute as a penalty for the violation thereof.</content> </section> <page identifier="/us/stat/76a/88">88</page> <section> <num value="343">§ 343. </num> <heading>Premature determination of precedent interest as affecting future interest</heading> <content>A future interest, valid in its creation, is not defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect; but if the contingency afterwards happens, the future interest takes effect in the same manner and to the same extent as if the precedent interest had continued to the same period.</content> </section> </chapter> <chapter> <num value="17">CHAPTER 17—</num><heading>GENERAL DEFINITIONS AFFECTING PROPERTY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>371.</designator> <label>Definition of income.</label></referenceItem> <referenceItem role="section"><designator>372.</designator> <label>Time of creation of limitation, condition, or interest.</label></referenceItem> </toc> <section> <num value="371">§ 371. </num> <heading>Definition of income</heading> <content>The income of property, as the term is used in chapters 7, 9, 11, 13, and 15 of this title, includes the rents and profits of real property the interest on money, dividends upon stock, and other produce of personal property.</content> </section> <section> <num value="372">§ 372. </num> <heading>Time of creation of limitation, condition, or interest</heading> <content>The delivery of the grant, where a limitation, condition, or future interest is created by grant, and the death of the testator, where it is created by will, is the time of the creation of the limitation, condition, or interest within the meaning of chapters 7, 9, 11, 13, and 15 of this title.</content> </section> </chapter> <chapter> <num value="19">CHAPTER 19—</num><heading>PERSONAL PROPERTY</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>401.</designator> <label>Law governing.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">things in action</inline></label></referenceItem> <referenceItem role="section"><designator>421.</designator> <label>Definition.</label></referenceItem> <referenceItem role="section"><designator>422.</designator> <label>Transfer and survivorship.</label></referenceItem> <referenceItem role="section"><designator>423.</designator> <label>Survival of thing in action after death of tort feasor or other person liable.</label></referenceItem> <referenceItem role="section"><designator>424.</designator> <label>Survival of thing in action after death of person injured.</label></referenceItem> <referenceItem role="section"><designator>425.</designator> <label>Transfer or assignment of actions under sections 423 and 424.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">products of the mind</inline></label></referenceItem> <referenceItem role="section"><designator>441.</designator> <label>Ownership; composition in letters or art; invention or design.</label></referenceItem> <referenceItem role="section"><designator>442.</designator> <label>Joint ownership.</label></referenceItem> <referenceItem role="section"><designator>443.</designator> <label>Transfer of ownership.</label></referenceItem> <referenceItem role="section"><designator>444.</designator> <label>Effect of publication or making public.</label></referenceItem> <referenceItem role="section"><designator>445.</designator> <label>Subsequent and original inventors.</label></referenceItem> <referenceItem role="section"><designator>446.</designator> <label>Private writings.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">patents, trademarks and copyrights</inline></label></referenceItem> <referenceItem role="section"><designator>471.</designator> <label>Laws extended to the Canal Zone.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="401">§ 401. </num> <heading>Law governing</heading> <content>If there is no law to the contrary in the place where personal property is situated, the property follows the person of its owner, and is governed by the law of his domicile.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Things in Action</heading> <section> <num value="421">§ 421. </num> <heading>Definition</heading> <content>A thing in action is a right to recover money or other personal property by a judicial proceeding.</content> </section> <page identifier="/us/stat/76a/89">89</page> <section> <num value="422">§ 422. </num> <heading>Transfer and survivorship</heading> <content>The owner of a thing in action arising out of the violation of a right of property, or out of an obligation, may transfer it. Upon the death of the owner it passes to his personal representatives, except where, in the cases provided by Title 7, it passes to his devisees or successor in office.</content> </section> <section> <num value="423">§ 423. </num> <heading>Survival of thing in action after death of tort feasor or other person liable</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A thing in action sounding in tort is not lost because of the death of the tort feasor or other person liable. An action thereon may be brought or continued against the personal representative of the deceased person, but punitive or exemplary damages may not be awarded nor penalties adjudged in the action. This section extends to a thing in action for wrongfully causing death arising pursuant to section 126 of Title 5, and an action pursuant to that section may be bought or continued against the personal representative of the tort feasor or other person liable.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Where a thing in action arises simultaneously with or after the death of the tort feasor or other person who would have been liable if his death had not (1) occurred simultaneously with the act, omission, circumstance, or event giving rise to the thing in action; or (2) intervened between the wrongful act omission, circumstance, or event and the coming into being of the thing in action, an action to enforce it may be maintained against the personal representative of the tort feasor or other person.</content> </subsection> </section> <section> <num value="424">§ 424. </num> <heading>Survival of thing in action after death of person injured</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A thing in action sounding in tort is not lost because of the death of the person in whose favor the thing in action arose. An action thereon may be brought or continued by the personal representative of the deceased person. The damages recovered in an action under this section shall form a part of the estate of the deceased.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A thing in action for damages caused by an injury or wrong to a third person is not lost because of his death.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If an action is brought for physical injuries to a person, and a separate action is brought for his wrongful death arising out of the same wrongful act, omission, circumstances, or event, the actions shall be consolidated for trial on the motion of an interested party, but the award of damages appertaining to physical injuries may not include prospective profits or earnings after the date of death of the person injured.</content> </subsection> </section> <section> <num value="425">§ 425. </num> <heading>Transfer or assignment of actions under sections 423 and 424</heading> <content>Sections 423 and 424 of this title do not authorize the transfer of a thing in action arising out of a tort against the person, but they do not preclude assignment pursuant to section 26 of the Federal Employees’ Compensation Act (5 U.S.C., sec. 776), by beneficiaries under that Act or their legal representatives, of causes of action saved by those sections.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Products of the Mind</heading> <section> <num value="441">§ 441. </num> <heading>Ownership; composition in letters or art; invention or design</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The author or proprietor of a composition in letters or art has an exclusive ownership in the representation or expression thereof as against all persons except one who originally and independently creates the same or a similar composition.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The inventor or proprietor of an invention or design, with or without delineation, or other graphical representation, has an exclu-<page identifier="/us/stat/76a/90">90</page>sive ownership therein, and in the representation or expression thereof, which continues so long as the invention or design and the representations or expressions thereof made by him remain in his possession.</content> </subsection> </section> <section> <num value="442">§ 442. </num> <heading>Joint ownership</heading> <chapeau>Unless otherwise agreed, a composition in letters or art, or an invention or design, in the production of which several persons are jointly concerned, is owned by them as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in equal proportions, if the composition in letters or art is indivisible or the invention or design is single; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in proportion to the contribution of each, if the composition in letters or art is divisible or the invention or design is not single.</content> </paragraph> </section> <section> <num value="443">§ 443. </num> <heading>Transfer of ownership</heading> <content>The owner of a right in a composition in letters or art, or of an invention or design, or of a representation or expression thereof, may transfer his ownership or property therein.</content> </section> <section> <num value="444">§ 444. </num> <heading>Effect of publication or making public</heading> <content>Subject to the law of copyright, if the owner of a composition in letters or art publishes it, or the owner of an invention or design intentionally makes it public, any person, without responsibility to the owner, may use the composition in any manner or make public a copy or reproduction of the invention or design.</content> </section> <section> <num value="445">§ 445. </num> <heading>Subsequent and original inventors</heading> <content>If the owner of an invention or design, does not make it public, any other person subsequently and originally producing the same thing has the same right therein as the prior inventor, which is exclusive to the same extent against all persons except the prior inventor, or those claiming under him.</content> </section> <section> <num value="446">§ 446. </num> <heading>Private writings</heading> <content>Letters and other private communications in writing belong to the person to whom they are addressed and delivered; but, except by authority of law, they may not be published against the will of the writer.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Patents, Trademarks and Copyrights</heading> <section> <num value="471">§ 471. </num> <heading>Laws extended to the Canal Zone</heading> <content>The patent, trademark, and copyright laws of the United States have the same force and effect in the Canal Zone as in the continental United States, and the district court has the same jurisdiction in actions arising under those laws as is exercised by the United States district courts.</content> </section> </subchapter> </chapter> <chapter> <num value="21">CHAPTER 21—</num><heading>MODES OF ACQUIRING PROPERTY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>501.</designator> <label>Modes of acquisition generally.</label></referenceItem> </toc> <section> <num value="501">§ 501. </num> <heading>Modes of acquisition generally</heading> <chapeau>Property is acquired by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>accession;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>transfer;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>will; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>succession.</content> </paragraph> </section> </chapter> <page identifier="/us/stat/76a/91">91</page> <chapter> <num value="23">CHAPTER 23—</num><heading>ACCESSION</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>531.</designator> <label>Fixtures.</label></referenceItem> <referenceItem role="section"><designator>532.</designator> <label>Removal of fixtures by tenant.</label></referenceItem> <referenceItem role="section"><designator>533.</designator> <label>Accession by uniting several things.</label></referenceItem> <referenceItem role="section"><designator>534.</designator> <label>Principal part; separation; value; bulk.</label></referenceItem> <referenceItem role="section"><designator>535.</designator> <label>Uniting materials and workmanship.</label></referenceItem> <referenceItem role="section"><designator>536.</designator> <label>Inseparable materials.</label></referenceItem> <referenceItem role="section"><designator>537.</designator> <label>Materials of several owners.</label></referenceItem> <referenceItem role="section"><designator>538.</designator> <label>Willful trespassers.</label></referenceItem> <referenceItem role="section"><designator>539.</designator> <label>Election between thing and value.</label></referenceItem> <referenceItem role="section"><designator>540.</designator> <label>Liability of wrongdoer for damages.</label></referenceItem> </toc> <section> <num value="531">§ 531. </num> <heading>Fixtures</heading> <content>Except as provided by section 532 of this title, when a person affixes his property to the land of another, without an agreement permitting him to remove it, the thing affixed belongs to the owner of the land, unless he chooses to require the former to remove it.</content> </section> <section> <num value="532">§ 532. </num> <heading>Removal of fixtures by tenant</heading> <chapeau>A tenant may remove from the demised premises, at any time during the continuance of his term, anything affixed thereto for the purposes of trade, manufacture, ornament, or domestic use, unless:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the removal would cause injury to the premises; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the thing has become an integral part of the premises by the manner in which it is affixed.</content> </paragraph> </section> <section> <num value="533">§ 533. </num> <heading>Accession by uniting several things</heading> <content>When things belonging to different owners have been united to form a single thing, and cannot be separated without injury, the whole belongs to the owner of the thing which forms the principal part. He must, however, reimburse the value of the residue to the other owner, or surrender the whole to him.</content> </section> <section> <num value="534">§ 534. </num> <heading>Principal part; separation; value; bulk</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>That part is to be deemed the principal to which the other has been united only for the use, ornament, or completion of the former, unless the latter is the more valuable, and has been united without the knowledge of its owner, who may, in the latter case, require it to be separated and returned to him, although some injury should result to the thing to which it has been united.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If neither part can be considered the principal, within the rule prescribed by subsection (a) of this section, the more valuable, or, if the values are nearly equal, the more considerable in bulk, is to be deemed the principal part.</content> </subsection> </section> <section> <num value="535">§ 535. </num> <heading>Uniting materials and workmanship</heading> <content>If a person makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship, unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker, on reimbursing the value of the materials.</content> </section> <section> <num value="536">§ 536. </num> <heading>Inseparable materials</heading> <content>If a person makes use of materials which in part belong to him and in part to another, to form a thing of a new description, without destroying any of the materials, but in such a way that they cannot be separated without inconvenience, the thing formed is common to both proprietors in proportion, as respects the one, of the materials belonging to him, and as respects the other, of the materials belonging to him and the price of his workmanship.</content> </section> <page identifier="/us/stat/76a/92">92</page> <section> <num value="537">§ 537. </num> <heading>Materials of several owners</heading> <content>If a thing has been formed by the admixture of several materials of different owners, and neither can be considered the principal substance, an owner without whose consent the admixture was made may require a separation, if the materials can be separated without inconvenience. If they cannot be thus separated, the owners acquire the thing in common, in proportion to the quantity, quality, and value of their materials; but if the materials of one were far superior to those of the others, bath in quantity and value, he may claim the thing on reimbursing to the others the value of their materials.</content> </section> <section> <num value="538">§ 538. </num> <heading>Willful trespassers</heading> <content>Sections 531–537 of this title do not apply to cases in which a person willfully uses the materials of another without his consent. In those cases, the product belongs to the owner of the material, if its identity can be traced.</content> </section> <section> <num value="539">§ 539. </num> <heading>Election between thing and value</heading> <chapeau>Where a person whose material has been used without his knowledge, in order to form a product of a different description, can claim an interest therein, he may demand:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>restitution of his material in kind, in the same quantity, weight, measure, and quality; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the value of the material.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">If he is entitled to the product, he may claim the value thereof in place of the product.</continuation> </section> <section> <num value="540">§ 540. </num> <heading>Liability of wrongdoer for damages</heading> <content>A person who wrongfully employs materials belonging to another is liable to him in damages, as well as under the foregoing provisions of this chapter.</content> </section> </chapter> <chapter> <num value="25">CHAPTER 25—</num><heading>TRANSFER OF PROPERTY</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>571.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>572.</designator> <label>Property which may be transferred.</label></referenceItem> <referenceItem role="section"><designator>573.</designator> <label>Possibility as transferable.</label></referenceItem> <referenceItem role="section"><designator>574.</designator> <label>Right of repossession as transferable.</label></referenceItem> <referenceItem role="section"><designator>575.</designator> <label>Vesting of title.</label></referenceItem> <referenceItem role="section"><designator>576.</designator> <label>Incidents to a thing transferred.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">mode of transfer</inline></label></referenceItem> <referenceItem role="section"><designator>591.</designator> <label>Oral transfer.</label></referenceItem> <referenceItem role="section"><designator>592.</designator> <label>Interest in an existing trust.</label></referenceItem> <referenceItem role="section"><designator>593.</designator> <label>Transfer of other personal property by sale.</label></referenceItem> <referenceItem role="section"><designator>594.</designator> <label>Necessity for delivery.</label></referenceItem> <referenceItem role="section"><designator>595.</designator> <label>Date of delivery.</label></referenceItem> <referenceItem role="section"><designator>596.</designator> <label>Delivery as necessarily absolute.</label></referenceItem> <referenceItem role="section"><designator>597.</designator> <label>Delivery in escrow.</label></referenceItem> <referenceItem role="section"><designator>598.</designator> <label>Constructive delivery.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">interpretation of grants</inline></label></referenceItem> <referenceItem role="section"><designator>621.</designator> <label>Interpretation as contracts.</label></referenceItem> <referenceItem role="section"><designator>622.</designator> <label>Limitation in grant.</label></referenceItem> <referenceItem role="section"><designator>623.</designator> <label>Recourse to recitals.</label></referenceItem> <referenceItem role="section"><designator>624.</designator> <label>Interpretation against grantor; exceptions.</label></referenceItem> <referenceItem role="section"><designator>625.</designator> <label>Irreconcilable provisions.</label></referenceItem> <referenceItem role="section"><designator>626.</designator> <label>“Heirs” and “issue” in certain remainders.</label></referenceItem> <page identifier="/us/stat/76a/93">93</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">gifts</inline></label></referenceItem> <referenceItem role="section"><designator>651.</designator> <label>Definition of gift.</label></referenceItem> <referenceItem role="section"><designator>652.</designator> <label>Requisites of a gift.</label></referenceItem> <referenceItem role="section"><designator>653.</designator> <label>Revocability of gifts.</label></referenceItem> <referenceItem role="section"><designator>654.</designator> <label>Gift in view of death.</label></referenceItem> <referenceItem role="section"><designator>655.</designator> <label>Gift presumed to be in view of death.</label></referenceItem> <referenceItem role="section"><designator>656.</designator> <label>Revocation of gift in view of death.</label></referenceItem> <referenceItem role="section"><designator>657.</designator> <label>Effect of will upon gift.</label></referenceItem> <referenceItem role="section"><designator>658.</designator> <label>Gift treated as legacy.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">gifts to minors</inline></label></referenceItem> <referenceItem role="section"><designator>681.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>682.</designator> <label>Manner of making gift.</label></referenceItem> <referenceItem role="section"><designator>683.</designator> <label>Effect of gift.</label></referenceItem> <referenceItem role="section"><designator>684.</designator> <label>Duties and powers of custodian.</label></referenceItem> <referenceItem role="section"><designator>685.</designator> <label>Custodian’s expenses, compensation, bond, and liabilities.</label></referenceItem> <referenceItem role="section"><designator>686.</designator> <label>Exemption of third persons from liability.</label></referenceItem> <referenceItem role="section"><designator>687.</designator> <label>Resignation, death, or removal of custodian; bond; appointment of successor custodian.</label></referenceItem> <referenceItem role="section"><designator>688.</designator> <label>Accounting by custodian.</label></referenceItem> <referenceItem role="section"><designator>689.</designator> <label>Construction.</label></referenceItem> <referenceItem role="section"><designator>690.</designator> <label>Short title.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="571">§ 571. </num> <heading>Definitions</heading> <content> <p class="indent0 firstIndent1 fontsize10">Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one living person to another.</p> <p class="indent0 firstIndent1 fontsize10">A voluntary transfer is an executed contract, and, except that a consideration is not necessary to its validity, is subject to all rules of law concerning contracts in general.</p> <p class="indent0 firstIndent1 fontsize10">A transfer in writing is called a grant or bill of sale, and, as used in this chapter, “grant” includes both these instruments.</p> </content> </section> <section> <num value="572">§ 572. </num> <heading>Property which may be transferred</heading> <content>Except as provided by section 573 of this title, property of any kind may be transferred.</content> </section> <section> <num value="573">§ 573. </num> <heading>Possibility as transferable</heading> <content>A mere possibility, not coupled with an interest, may not be transferred.</content> </section> <section> <num value="574">§ 574. </num> <heading>Right of repossession as transferable</heading> <content>A right of repossession for breach of condition subsequent may be transferred.</content> </section> <section> <num value="575">§ 575. </num> <heading>Vesting of title</heading> <content>A transfer vests in the transferee all the actual title to the thing transferred which the transferor then has, unless a different intention is expressed or necessarily implied.</content> </section> <section> <num value="576">§ 576. </num> <heading>Incidents to a thing transferred</heading> <content>The transfer of a thing transfers also all its incidents, unless expressly excepted; but the transfer of an incident to a thing does not transfer the thing itself.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Mode of Transfer</heading> <section> <num value="591">§ 591. </num> <heading>Oral transfer</heading> <content>If a writing is not expressly required by statute, a transfer may be made without writing.</content> </section> <section> <num value="592">§ 592. </num> <heading>Interest in an existing trust</heading> <content>An interest in an existing trust may bee transferred only by operation of law, or by a written instrument, subscribed by the person making the transfer, or by his agent.</content> </section> <page identifier="/us/stat/76a/94">94</page> <section> <num value="593">§ 593. </num> <heading>Transfer of other personal property by sale</heading> <content>The mode of transferring other personal property by sale is regulated by chapter 45 of this table.</content> </section> <section> <num value="594">§ 594. </num> <heading>Necessity for delivery</heading> <content>A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor.</content> </section> <section> <num value="595">§ 595. </num> <heading>Date of delivery</heading> <content>A grant duly executed is presumed to have been delivered at its date.</content> </section> <section> <num value="596">§ 596. </num> <heading>Delivery as necessarily absolute</heading> <content>A grant cannot be delivered conditionally to the grantee. Delivery to him, or to his agent, as such, is necessarily absolute, and the instrument takes effect thereupon, discharged of any condition on which the delivery was made.</content> </section> <section> <num value="597">§ 597. </num> <heading>Delivery in escrow</heading> <content>A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary, it will take effect. While in the possession of the third person, and subject to condition, it is an escrow.</content> </section> <section> <num value="598">§ 598. </num> <heading>Constructive delivery</heading> <chapeau>Though a grant is not actually delivered into the possession of the grantee, it is constructively delivered where it is:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by the agreement of the parties at the time of execution, understood to be delivered, and under such circumstances that the grantee is entitled to immediate delivery; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>delivered to a stranger for the benefit of the grantee, and his assent is shown, or may be presumed.</content> </paragraph> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Interpretation of Grants</heading> <section> <num value="621">§ 621. </num> <heading>Interpretation as contracts</heading> <content>Except as otherwise provided in this subchapter, grants shall be interpreted in like manner as contracts in general.</content> </section> <section> <num value="622">§ 622. </num> <heading>Limitation in grant</heading> <content>A clear and distinct limitation in a grant is not controlled by other words less clear and distinct.</content> </section> <section> <num value="623">§ 623. </num> <heading>Recourse to recitals</heading> <content>If the operative words of a grant are doubtful, recourse may be had to its recitals to assist the construction.</content> </section> <section> <num value="624">§ 624. </num> <heading>Interpretation against grantor; exceptions</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Except as provided by subsection (b) of this section, a grant shall be interpreted in favor of the grantee.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A reservation in a grant, and a grant by a public officer or body, as such, to a private party, shall be interpreted in favor of the grantor.</content> </subsection> </section> <section> <num value="625">§ 625. </num> <heading>Irreconcilable provisions</heading> <content>If several parts of a grant are absolutely irreconcilable, the former part prevails.</content> </section> <section> <num value="626">§ 626. </num> <heading>“Heirs” and “issue” in certain remainders</heading> <content>Where a future interest is limited by a grant to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, those words mean successors, or issue living at the death of the person named as ancestor.</content> </section> </subchapter> <page identifier="/us/stat/76a/95">95</page> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Gifts</heading> <section> <num value="651">§ 651. </num> <heading>Definition of gift</heading> <content>A gift is a transfer of personal property, made voluntarily, and without consideration.</content> </section> <section> <num value="652">§ 652. </num> <heading>Requisites of a gift</heading> <chapeau>A verbal gift is not valid unless:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the means of obtaining possession and control of the thing are given; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if the thing is capable of being delivered, there is actual or symbolical delivery thereof to the donee.</content> </paragraph> </section> <section> <num value="653">§ 653. </num> <heading>Revocability of gifts</heading> <content>A gift, other than a gift in view of death, cannot be revoked by the giver.</content> </section> <section> <num value="654">§ 654. </num> <heading>Gift in view of death</heading> <content>A gift in view of death is one made in contemplation, fear, or peril of death, with intent that it shall take effect only in case of the death of the giver.</content> </section> <section> <num value="655">§ 655. </num> <heading>Gift presumed to be in view of death</heading> <content>A gift made during the last illness of the giver, or under circumstances which would naturally impress him with an expectation of speedy death, is presumed to be a gift in view of death.</content> </section> <section> <num value="656">§ 656. </num> <heading>Revocation of gift in view of death</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Except as provided by subsection (b) of this section, a gift in view of death may be revoked by the giver at any time, and is revoked by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the giver’s recovery from his illness, or escape from the peril, under the presence of which the gift was made; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the occurrence of an event which would operate as a revocation of a will made at the same time.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>When a gift, to view of death has been delivered to the donee, the rights of a bona fide purchaser from the donee before a revocation of the gift are not affected by the revocation.</content> </subsection> </section> <section> <num value="657">§ 657. </num> <heading>Effect of will upon gift</heading> <content>A gift in view of death is not affected by a previous will; nor by a subsequent will, unless it expresses an intention to revoke the gift.</content> </section> <section> <num value="658">§ 658. </num> <heading>Gift treated as legacy</heading> <content>A gift in view of death is treated as a legacy, as far as relates only to the creditors of the giver.</content> </section> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Gifts to Minors</heading> <section> <num value="681">§ 681. </num> <heading>Definitions</heading> <chapeau> <p class="indent0 firstIndent1 fontsize10">In this subchapter, unless the context otherwise requires:</p> <p class="indent0 firstIndent1 fontsize10">“adult” means a person who has attained the age of 21 years;</p> <p class="indent0 firstIndent1 fontsize10">“bank” means a bank, trust company, national banking association, or savings bank;</p> <p class="indent0 firstIndent1 fontsize10">“broker” means a person lawfully engaged in the business of effecting transactions in securities for the account of others; and the term includes a bank which effects such transactions; and term also includes a person lawfully engaged in buying and selling securities for his own account, through a broker or otherwise, as part of a regular business;</p> <page identifier="/us/stat/76a/96">96</page> <p class="indent0 firstIndent1 fontsize10">“court” means the United States District Court for the District of the Canal Zone;</p> <p class="indent0 firstIndent1 fontsize10">“custodial property” includes:</p> </chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>all securities and money under the supervision of the same custodian for the same minor as a consequence of a gift or gifts made to the minor in a manner prescribed in this subchapter;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the income from the custodial property; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment or other disposition of such securities, money and income;</content> </paragraph> <continuation> <p class="indent0 firstIndent1 fontsize10">“custodian” is a person so designated in a manner prescribed in this subchapter;</p> <p class="indent0 firstIndent1 fontsize10">“guardian” of a minor includes the general guardian, guardian, tutor or curator of his property, estate or person;</p> <p class="indent0 firstIndent1 fontsize10">“issuer” means a person who places or authorizes the placing of his name on a security (other than as a transfer agent) to evidence that it represents a share, participation or other interest in his property or in an enterprise or to evidence his duty or undertaking to perform an obligation evidenced by the security, or who becomes responsible for or in place of any such person;</p> <p class="indent0 firstIndent1 fontsize10">“legal representative” of a person means his executor or the administrator, general guardian, guardian, committee, conservator, tutor or curator of his property or estate</p> <p class="indent0 firstIndent1 fontsize10">“member” of a “minor’s family” means any of the minor’s parents, grandparents, brothers, sisters, uncles and aunts, whether of the whole blood or the half blood, or by or through legal adoption;</p> <p class="indent0 firstIndent1 fontsize10">“minor” means a person who has not attained the age of 21 years.</p> <p class="indent0 firstIndent1 fontsize10">“security” includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, any temporary or interim certificate, receipt or certificate of deposit for or any warrant or right to subscribe to or purchase, any of the foregoing; but the term does not include a security of which the donor is the issuer; and a security is in “registered form” when it specifies a person entitled to it or to the rights it evidences and its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer;</p> <p class="indent0 firstIndent1 fontsize10">“transfer agent” means a person who acts an authenticating trustee transfer agent, registrar or other agent for an issuer in the registration of transfers of its securities or in the issue of new securities or in the cancellation of surrendered securities;</p> <p class="indent0 firstIndent1 fontsize10">“trust company” means a corporation or association authorized to exercise trust powers.</p> </continuation> </section> <section> <num value="682">§ 682. </num> <heading>Manner of making gift</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>An adult person may, during his lifetime, make a gift of a security or money to a person who is a minor on the date of the gift:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the subject of the gift is a security in registered form, by registering it in the name of the donor, another adult person or a trust company, followed, in substance, by the words: “as custodian for <fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn> (name of minor) under the Canal Zone Uniform Gifts to Minors Act”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">if the subject of the gift is a security not in registered form, by delivering it to an adult person other than the donor, or a trust company, accompanied by a statement of gift in the following form, in substance, signed by the donor and the person designated as custodian: <page identifier="/us/stat/76a/97">97</page> <quotedContent> <heading class="centered">“GIFT UNDER THE CANAL ZONE UNIFORM GIFTS TO MINORS ACT</heading> <p class="indent0 firstIndent0 fontsize10">I, <fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn> (name of donor), hereby deliver to <fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn> (name of custodian) as custodian for <fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn> (name of minor) under the Canal Zone Uniform Gifts to Minors Act, the following security(ies): (insert an appropriate description of the security or securities delivered sufficient to identify it or them)</p> <p class="rightAlign"><fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn></p> <p class="rightAlign">(signature of donor)</p> <p class="indent0 firstIndent0 fontsize10"><fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn> (name of custodian) hereby acknowledges receipt of the above described security(ies) as custodian for the above minor under the Canal Zone Uniform Gifts to Minors Act.</p> <p class="indent0 firstIndent0 fontsize10">Dated: <fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn></p> <p class="rightAlign"><fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn></p> <p class="rightAlign">(signature of custodian)”</p> </quotedContent> </content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>If the subject of the gift is money, by paying or delivering it to a broker or a bank for credit to an account (or to a savings and loan association for investment in an account in an insured savings and loan association) in the name of the donor, another adult person, or a bank with trust powers, followed, in substance, by the words: “as custodian for <fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn> (name of minor) under the Canal Zone Uniform Gifts to Minors Act”.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A gift made in a manner prescribed by subsection (a) of this section may be made to only one minor and only one person may be the custodian.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>A donor who makes a gift to a minor in a manner prescribed by subsection (a) of this section shall promptly do all things within his power to put the subject of the gift in the possession and control of the custodian, but neither the donor’s failure to comply with this subsection, nor his designation of an ineligible person as custodian, nor renunciation by the person designated as custodian affects the consummation of the gift.</content> </subsection> </section> <section> <num value="683">§ 683. </num> <heading>Effect of gift</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A gift made in a manner prescribed in this subchapter is irrevocable and conveys to the minor indefeasibly vested legal title to the security or money given, but a guardian of the minor does not have any right, power, duty or authority with respect to the custodial property except as provided by this subchapter.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>By making a gift in a manner prescribed by this subchapter, the donor incorporates in his gift all the provisions of this subchapter and grants to the custodian, and to any issuer, transfer agent, bank, savings and loan association, broker or third person dealing with a person designated as custodian, the respective powers, rights and immunities provided in this subchapter.</content> </subsection> </section> <section> <num value="684">§ 684. </num> <heading>Duties and powers of custodian</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A custodian shall collect, hold, manage, invest and reinvest the custodial property.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A custodian shall pay over to the minor for expenditure by him, or expend for the minor’s benefit, so much of or all the custodial property as the custodian deems advisable for the support, maintenance, education and benefit. of the minor in the manner, at the time or times, and to the extent that the custodian in his discretion deems suitable and proper, with or without court order, with or without regard to the duty of himself or of any other person to support the minor or his ability to do so, and with or without regard to any other income or property of the minor which may be applicable or available for any such purpose.</content> </subsection> <page identifier="/us/stat/76a/98">98</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The court, on the petition of a parent or guardian of the minor or of the minor, if he has attained the age of 14 years, may order the custodian to pay over to the minor for expenditure by him or to expend as much of or all the custodial property as is necessary for the minor’s support, maintenance or education.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>To the extent that the custodial property is not so expended, the custodian shall deliver or pay it over to the minor on his attaining the age of 21 years or, if the minor dies before attaining the age of 21 years, he shall thereupon deliver or pay it over to the estate of the minor.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>A custodian, notwithstanding statutes restricting investments by fiduciaries, shall invest and reinvest the custodial property as would a prudent man of discretion and intelligence who is seeking a reasonable income and the preservation of his capital, except that he may, in his discretion and without liability to the minor or his estate, retain a security given to the minor in a manner prescribed in this subchapter.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content>A custodian may sell, exchange, convert or otherwise dispose of custodial property in the manner, at the time or times, for the price or prices and upon the terms he deems advisable. He may vote in person or by general or limited proxy a security which is custodial property. He may consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of an issuer, a security which is custodial property, and to the sale, lease, pledge or mortgage of any property by or to such an issuer, and to any other action by such an issuer. He may execute and deliver any and all instruments in writing which he deems advisable to carry out any of his powers as custodian.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <content>A custodian shall register each security which is custodial property and in registered form in the name of the custodian, followed, in substance, by the words: “as custodian for <fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn> (name of minor) under the Canal Zone Uniform Gifts to Minors Act”. The custodian shall hold all money which is custodial property in an account with a broker or in a bank or in an account in an insured savings and loan association in the name of the custodian, followed, in substance, by the words: “as custodian for <fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn> (name of minor) under the Canal Zone Uniform Gifts to Minors Act”. The custodian shall keep all other custodial property separate and distinct from his own property in a manner to identify it clearly as custodial property.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="h">(h) </num> <content>A custodian shall keep records of all transactions with respect to the custodial property and make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor, if he has attained the age of 14 years.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="i">(i) </num> <content>A custodian has and holds as powers in trust, with respect to the custodial property, in addition to the rights and powers provided in this subchapter, all the rights and powers which a guardian has with respect to property not held as custodial property.</content> </subsection> </section> <section> <num value="685">§ 685. </num> <heading>Custodian’s expenses, compensation, bond, and liabilities</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A custodian is entitled to reimbursement from the custodial property for his reasonable expenses incurred in the performance of his duties.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A custodian may act without compensation for his services.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau>Unless he is a donor, a custodian may receive from the custodial property reasonable compensation for his services determined by one of the following standards in the order stated:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>A direction by the donor when the gift is made;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Provisions of this Code applicable to guardians;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>An order of the court.</content> </paragraph> </subsection> <page identifier="/us/stat/76a/99">99</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Except as otherwise provided in this subchapter, a custodian shall not be required to give a bond for the performance of his duties.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>A custodian not compensated for his services is not liable for losses to the custodial property unless they result from his bad faith, intentional wrongdoing or gross negligence or from his failure to maintain the standard of prudence in investing the custodial property provided in this subchapter.</content> </subsection> </section> <section> <num value="686">§ 686. </num> <heading>Exemption of third persons from liability</heading> <content>No issuer, transfer agent, bank, savings and loan association, broker or other person acting on the instructions of or otherwise dealing with a person purporting to act as a donor or in the capacity of a custodian is not responsible for determining whether the person designated by the purported donor or purporting to act as a custodian has been duly designated or whether a purchase, sale or transfer to or by or any other act of a person purporting to act in the capacity of custodian is in accordance with or authorized by this subchapter, and is not obliged to inquire into the validity or propriety under this subchapter of an instrument or instructions executed or given by a person purporting to act as a donor or in the capacity of a custodian, is not bound to see to the application by a person purporting to act in the capacity of a custodian of money or other property paid or delivered to him.</content> </section> <section> <num value="687">§ 687. </num> <heading>Resignation, death, or removal of custodian; bond; appointment of successor custodian</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Only an adult member of the minor’s family, a guardian of the minor or a trust company is eligible to become successor custodian. A successor custodian has all the rights, powers, duties and immunities of a custodian designated in a manner prescribed by this subchapter.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>A custodian, other than the donor, may resign and designate his successor by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>executing an instrument of resignation designating the successor custodian; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>causing each security which is custodial property and in registered form to be registered in the name of the successor custodian followed, in substance, by the words: “as custodian for <fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn> (name of minor) under the Canal Zone Uniform Gifts to Minors Act”; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>delivering to the successor custodian the instrument of resignation, each security registered in the name of the successor custodian and all other custodial property, together with any additional instruments required for the transfer thereof.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>A custodian, whether or not a donor, may petition the court for permission to resign and for the designation of a successor custodian.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>If the person designated as custodian is not eligible, renounces or dies before the minor attains the age of 21 years, the guardian of the minor shall be successor custodian. If the minor has no guardian, a donor, his legal representative, the legal representative of the custodian, an adult member of the minor’s family, or the minor, if he has attained the age of 14 years, may petition the court for the designation of a successor custodian.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>A donor, the legal representative of a donor, an adult member of the minor’s family, a guardian of the minor or the minor, if he has attained the age of 14 years, may petition the court that, for cause shown in the petition, the custodian be removed and a successor custodian be designated or, in the alternative, that the custodian be required to give bond for the performance of his duties.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content>Upon the filing of a petition as provided in this section, the court shall grant an order, directed to the persons and returnable <page identifier="/us/stat/76a/100">100</page> on such notice as the court may require, to show cause why the relief prayed for in the petition should not be granted and, in due course, grant such relief as the court finds to be in the best interests of the minor.</content> </subsection> </section> <section> <num value="688">§ 688. </num> <heading>Accounting by custodian</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The minor, if he has attained the age of 14 years, or the legal representative of the minor, an adult member of the minor’s family, or a donor or his legal representative may petition the court for an accounting by the custodian or his legal representative.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The court, in a proceeding under this subchapter or otherwise, may require or permit the custodian or his legal representative to account and, if the custodian is removed, shall so require and order delivery of all custodial property to the successor custodian and the execution of all instruments required for the transfer thereof.</content> </subsection> </section> <section> <num value="689">§ 689. </num> <heading>Construction</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>This subchapter shall be so construed as to effectuate its general purpose to make uniform the law of those States which enact it.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>This subchapter shall not be construed as providing an exclusive method for making gifts to minors.</content> </subsection> </section> <section> <num value="690">§ 690. </num> <heading>Short title</heading> <content>This subchapter may be cited as the Canal Zone Uniform Gifts to Minors Act.</content> </section> </subchapter> </chapter> <chapter> <num value="27">CHAPTER 27—</num><heading>PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>721.</designator> <label>By whom acknowledgments taken in Canal Zone.</label></referenceItem> <referenceItem role="section"><designator>722.</designator> <label>By whom acknowledgments taken outside Canal Zane.</label></referenceItem> <referenceItem role="section"><designator>723.</designator> <label>By whom acknowledgments taken in foreign countries.</label></referenceItem> <referenceItem role="section"><designator>724.</designator> <label>Issuance of proper certificates.</label></referenceItem> <referenceItem role="section"><designator>725.</designator> <label>Notarial acts; armed forces.</label></referenceItem> <referenceItem role="section"><designator>726.</designator> <label>Requisites for acknowledgment.</label></referenceItem> <referenceItem role="section"><designator>727.</designator> <label>Certificate of acknowledgment.</label></referenceItem> <referenceItem role="section"><designator>728.</designator> <label>General form of certificate.</label></referenceItem> <referenceItem role="section"><designator>729.</designator> <label>Form of certificate of acknowledgment by corporation.</label></referenceItem> <referenceItem role="section"><designator>730.</designator> <label>Form of certificate of acknowledgment by partnership.</label></referenceItem> <referenceItem role="section"><designator>731.</designator> <label>Form of certificate of acknowledgment by attorney in fact.</label></referenceItem> <referenceItem role="section"><designator>732.</designator> <label>Authentication of certificate of acknowledgment.</label></referenceItem> <referenceItem role="section"><designator>733.</designator> <label>Proof of execution.</label></referenceItem> <referenceItem role="section"><designator>734.</designator> <label>Identity of witness.</label></referenceItem> <referenceItem role="section"><designator>735.</designator> <label>Items to be proved by subscribing witness.</label></referenceItem> <referenceItem role="section"><designator>736.</designator> <label>Proof of handwriting.</label></referenceItem> <referenceItem role="section"><designator>737.</designator> <label>Evidence of handwriting.</label></referenceItem> <referenceItem role="section"><designator>738.</designator> <label>Contents of certificate of proof.</label></referenceItem> <referenceItem role="section"><designator>739.</designator> <label>Other powers of officers.</label></referenceItem> <referenceItem role="section"><designator>740.</designator> <label>Action to correct defective instrument.</label></referenceItem> <referenceItem role="section"><designator>741.</designator> <label>Action for judgment proving instrument.</label></referenceItem> <referenceItem role="section"><designator>742.</designator> <label>Effect of judgment.</label></referenceItem> <referenceItem role="section"><designator>743.</designator> <label>Instruments executed prior to effective date of Code.</label></referenceItem> <referenceItem role="section"><designator>744.</designator> <label>Instruments affecting land in District of Columbia, territories, etc.</label></referenceItem> </toc> <section> <num value="721">§ 721. </num> <heading>By whom acknowledgments taken in Canal Zone</heading> <chapeau>The proof or acknowledgment of an instrument required by law to be proved or acknowledged may be made in the Canal Zone before:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the district judge;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the clerk of the district court;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a magistrate; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a notary public of the Canal Zone.</content> </paragraph> </section> <section> <num value="722">§ 722. </num> <heading>By whom acknowledgments taken outside Canal Zone</heading> <chapeau>The proof or acknowledgment of an instrument may be made outside the Canal Zone, but within the United States, and within the jurisdiction of the respective officer, before:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the judge of a court of record or the clerk thereof; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a notary public within any State.</content> </paragraph> </section> <page identifier="/us/stat/76a/101">101</page> <section> <num value="723">§ 723. </num> <heading>By whom acknowledgments taken in foreign countries</heading> <content>An instrument executed in a foreign country may be acknowledged before a diplomatic or consular officer or commercial agent of the United States accredited to it, or before an officer of the foreign country authorized to take acknowledgments. The signature and official character of the foreign officer shall be certified by a diplomatic, consular, or commercial official of the United States.</content> </section> <section> <num value="724">§ 724. </num> <heading>Issuance of proper certificates</heading> <content>The officers authorized to take acknowledgments pursuant to sections 721–723 of this title may issue proper certificates thereof.</content> </section> <section> <num value="725">§ 725. </num> <heading>Notarial acts; armed forces</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline"> <p class="inline">A commissioned officer of a component of the Army or Air Force of the United States on active duty in federal service with the Judge Advocate General’s Department, a law specialist in the United States Navy and in the United States Coast Guard, a staff judge advocate or acting staff judge advocate, and the adjutant, assistant adjutant, personnel adjutant or commanding officer of a command; or</p> <p class="indent0 firstIndent1 fontsize10">A commanding officer or executive officer of a ship, shore station or establishment and any officer of or above the rank of lieutenant, senior grade, on active duty with the Navy or Coast Guard of the United States; or</p> <p class="indent0 firstIndent1 fontsize10">An officer of or above the rank of captain on active duty with the United States Marine Corps—</p> <p class="indent0 firstIndent0 fontsize10">may administer and certify oaths or affirmations, attest documents, take acknowledgments, and perform all other notarial acts, for any person serving in or with the armed forces of the United States, wherever located within or without the Canal Zone or for the spouse of a member of the armed forces wherever located within or without the Canal Zone.</p> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline"> <p class="inline">An instrument acknowledged by such an officer or an oath or affirmation made before him is not rendered invalid by the failure to state therein the place of execution or acknowledgment. An authentication of the officer’s certificate of acknowledgment or of any jurat signed by him is not required but the officer taking the acknowledgment shall indorse thereon or attach thereto a certificate substantially in a form authorized by the laws of the Canal Zone or in the following form:</p> <p class="indent0 firstIndent1 fontsize10">On this the <fillIn style="font-family:monospace">_ _ _ _ _</fillIn> day of <fillIn style="font-family:monospace">_ _ _ _ _</fillIn>, 19<fillIn style="font-family:monospace">_ _</fillIn>, before me <fillIn style="font-family:monospace">_ _ _ _ _</fillIn> <fillIn style="font-family:monospace">_ _ _ _ _</fillIn>, the undersigned officer, personally appeared <fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn> known to me (or satisfactorily proven) to be serving it or with the armed forces of the United States (or to be the spouse of a member of the armed forces of the United States) and to be the person whose name is subscribed to the within instrument and acknowledged that <fillIn style="font-family:monospace">_ _ _ _ _</fillIn> he <fillIn style="font-family:monospace">_ _ _ _ _</fillIn> executed the same. And the undersigned does further certify that he is at the date of this certificate a commissioned officer of the rank stated below and is in the active service of the armed forces of the United States.</p> <p class="rightAlign"><fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn></p> <p class="rightAlign"><fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn></p> <p class="rightAlign">Signature of officer and serial number, rank, branch of service and capacity in which signed.</p> </content> </subsection> <page identifier="/us/stat/76a/102">102</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline"> <p class="inline">To an affidavit subscribed and sworn to before such an officer there shall be attached a jurat substantially in the following form:</p> <p class="indent0 firstIndent1 fontsize10">Subscribed and sworn to before me this <fillIn style="font-family:monospace">_ _ _ _ _</fillIn> day of <fillIn style="font-family:monospace">_ _ _ _ _</fillIn> 19<fillIn style="font-family:monospace">_ _ _ _ _</fillIn>.</p> <p class="rightAlign"><fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn></p> <p class="rightAlign"><fillIn style="font-family:monospace">_ _ _ _ _ _ _ _ _ _</fillIn></p> <p class="rightAlign">Signature of officer and serial number, rank, branch of service and capacity in which signed.</p> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The recitals contained in such a certificate or jurat are prima facie evidence of the truth thereof, and a certificate of acknowledgment, oath or affirmation purporting to have been made by a commissioned officer of the Army, Air Force, Navy, Marine Corps or Coast Guard, notwithstanding the omission of any specific recitals therein, constitutes presumptive evidence of the existence of the facts necessary to authorize the acknowledgment, oath or affirmation to be taken by the certifying officer pursuant to this section.</content> </subsection> </section> <section> <num value="726">§ 726. </num> <heading>Requisites for acknowledgment</heading> <content>The acknowledgment of an instrument may not be taken unless the officer taking it knows or has satisfactory evidence on the oath or affirmation of a credible witness that the person making the acknowledgment is the individual who is described in and who executed the instrument; or if executed by a corporation that the person making the acknowledgment is the president or secretary of the corporation, or other person who executed it on its behalf.</content> </section> <section> <num value="727">§ 727. </num> <heading>Certificate of acknowledgment</heading> <content>An officer taking the acknowledgment of an instrument shall indorse thereon or attach thereto a certificate substantially in the forms prescribed by sections 728–732 of this title.</content> </section> <section> <num value="728">§ 728. </num> <heading>General form of certificate</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline"> <p class="inline">Unless it is otherwise provided in this chapter, the certificate of acknowledgment shall be substantially in the following form:</p> <p class="indent0 firstIndent1 fontsize10"><inline class="smallCaps">United States of America</inline>,</p> <p class="centered">Canal Zone, <i>ss</i>:</p> <p class="indent0 firstIndent1 fontsize10">On this <fillIn style="font-family:monospace">-----</fillIn> day of <fillIn style="font-family:monospace">-----</fillIn>, in the year <fillIn style="font-family:monospace">-----</fillIn>, before me (here insert name and quality of the officer), personally appeared <fillIn style="font-family:monospace">-----</fillIn>, known to me (or proved to me on the oath of <fillIn style="font-family:monospace">-----</fillIn>) to be the person whose name is subscribed to the within instrument, and acknowledged that he (she or they) executed the same.</p> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>An acknowledgment taken without the Canal Zone in accordance with the laws of the place where the acknowledgment is made is sufficient in the Canal Zone. The certificate of the clerk of a court of record of the county or district where the acknowledgment is taken, that the officer certifying to it is authorized by law so to do, and that the signature of the officer to the certificate is his true and genuine signature, and that the acknowledgment is taken in accordance with the laws of the place where the same is made, is prima facie evidence of the facts stated in the certificate of the clerk.</content> </subsection> </section> <page identifier="/us/stat/76a/103">103</page> <section> <num value="729">§ 729. </num> <heading>Form of certificate of acknowledgment by corporation</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline"> <p class="inline">The certificate of acknowledgment of an instrument executed by a corporation shall be substantially in the following form:</p> <p class="indent0 firstIndent1 fontsize10"><inline class="smallCaps">United States of America</inline>,</p> <p class="centered">Canal Zone, <i>ss</i>:</p> <p class="indent0 firstIndent1 fontsize10">On this <fillIn style="font-family:monospace">-----</fillIn> day of <fillIn style="font-family:monospace">-----</fillIn>, in the year <fillIn style="font-family:monospace">-----</fillIn>, before me (here insert the name and quality of the officer), personally appeared <fillIn style="font-family:monospace">-----</fillIn>, known to me (or proved to me on the oath of <fillIn style="font-family:monospace">-----</fillIn>) to be the president (or the secretary) of the corporation that executed the within instrument (where, however, the instrument is executed in behalf of the corporation by some one other than the president or secretary insert: known to me (or proved to me on the oath of <fillIn style="font-family:monospace">-----</fillIn>) to be the person who executed the within instrument on behalf of the corporation therein named) and acknowledged to me that such corporation executed the same.</p> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The certificate of acknowledgment of an instrument executed by a corporation, by its president or vice president and secretary or assistant secretary, other than an instrument conveying or otherwise transferring all, or substantially all, the assets of the corporation, may contain, in addition to the matters set forth in subsection (a) of this section, a statement substantially in the following form: “and acknowledged to me that the corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors”; and that recital is prima facie evidence that the instrument is the act of the corporation, and that it was duly executed pursuant to authority duly given by its by-laws or the board of directors, and conclusive evidence of those matters in favor of any good faith purchaser, lessee or encumbrancer.</content> </subsection> </section> <section> <num value="730">§ 730. </num> <heading>Form of certificate of acknowledgment by partnership</heading> <content> <p class="indent0 firstIndent1 fontsize10">The certificate of acknowledgment of an instrument executed by a partnership shall be substantially in the following form:</p> <p class="indent0 firstIndent1 fontsize10"><inline class="smallCaps">United States of America</inline>,</p> <p class="centered">Canal Zone, <i>ss</i>:</p> <p class="indent0 firstIndent1 fontsize10">On this <fillIn style="font-family:monospace">-----</fillIn> day of <fillIn style="font-family:monospace">-----</fillIn>, in the year <fillIn style="font-family:monospace">-----</fillIn>, before me (here insert the name and quality of the officer), personally appeared <fillIn style="font-family:monospace">-----</fillIn>, known to me (or proved to me on the oath of <fillIn style="font-family:monospace">---------------</fillIn>) to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that the partnership executed the same.</p> </content> </section> <section> <num value="731">§ 731. </num> <heading>Form of certificate of acknowledgment by attorney in fact</heading> <content> <p class="indent0 firstIndent1 fontsize10">The certificate of acknowledgment by an attorney in fact shall be substantially in the following form:</p> <p class="indent0 firstIndent1 fontsize10"><inline class="smallCaps">United States of America</inline>,</p> <p class="centered">Canal Zone, <i>ss</i>:</p> <p class="indent0 firstIndent1 fontsize10">On this <fillIn style="font-family:monospace">-----</fillIn> day of <fillIn style="font-family:monospace">-----</fillIn>, in the year <fillIn style="font-family:monospace">-----</fillIn>, before me (here insert the name and quality of the officer), personally appeared <fillIn style="font-family:monospace">-----</fillIn>, known to me (or proved to me on the oath of <fillIn style="font-family:monospace">-----</fillIn>) to be the person whose name is subscribed to the within instrument as the attorney in fact of <fillIn style="font-family:monospace">-----</fillIn>, and acknowledged to me that he subscribed the name of <fillIn style="font-family:monospace">-----</fillIn> thereto as principal, and his own name as attorney in fact.</p> </content> </section> <page identifier="/us/stat/76a/104">104</page> <section> <num value="732">§ 732. </num> <heading>Authentication of certificate of acknowledgment</heading> <content>Officers taking and certifying acknowledgments, or proof of instruments for record, shall authenticate their certificates by affixing thereto their signatures, followed by the names of their offices; also, their seals of office, if by the laws of the State or country where the acknowledgment or proof is taken, or by authority of which they are acting, they are required to have official seals.</content> </section> <section> <num value="733">§ 733. </num> <heading>Proof of execution</heading> <chapeau>Proof of the execution of an instrument, when not acknowledged, may be made either by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the party executing it; or either of the parties; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a subscribing witness; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>other witnesses, in cases mentioned in section 1125 of this title.</content> </paragraph> </section> <section> <num value="734">§ 734. </num> <heading>Identity of witness</heading> <content>If execution is to be proved by a subscribing witness, he must be personally Down to the officer taking the proof to be the person whose name is subscribed to the instrument as a witness, or must be proved to be such by the oath of a credible witness.</content> </section> <section> <num value="735">§ 735. </num> <heading>Items to be proved by subscribing witness</heading> <chapeau>The subscribing witness referred to in sections 733 and 734 of this title shall prove that:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>the person whose name is subscribed to the instrument as a party:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>is the person described in it; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>that he executed it; and</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the witness subscribed his name thereto as a witness.</content> </paragraph> </section> <section> <num value="736">§ 736. </num> <heading>Proof of handwriting</heading> <chapeau>The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, when the:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>parties and all the subscribing witnesses are dead;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>parties and all the subscribing witnesses are nonresidents of the Canal Zone;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>place of their residence is unknown to the party desiring the proof, and cannot be ascertained by the exercise of due diligence;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>subscribing witness conceals himself, or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>failure or refusal of the witness to testify continues for the space of one hour after his appearance.</content> </paragraph> </section> <section> <num value="737">§ 737. </num> <heading>Evidence of handwriting</heading> <chapeau>The evidence taken pursuant to section 736 of this title must satisfactorily prove to the officer:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the existence of one or more of the conditions specified by section 736 of this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that the witness testifying knew the person whose name purports to be subscribed to the instrument as a party, and is well acquainted with his signature, and that it is genuine;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that the witness testifying personally knew the person who subscribed the instrument as a witness, and is well acquainted with his signature, and that it is genuine; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the place of residence of the witness.</content> </paragraph> </section> <page identifier="/us/stat/76a/105">105</page> <section> <num value="738">§ 738. </num> <heading>Contents of certificate of proof</heading> <chapeau>An officer taking proof of the execution of an instrument shall, in his certificate indorsed thereon or attached thereto, set forth:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>all the matters required by law to be done or known by him, or proved, before him on the proceeding; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the names of all the witnesses examined before him, their places of residence respectively, and the substance of their testimony.</content> </paragraph> </section> <section> <num value="739">§ 739. </num> <heading>Other powers of officers</heading> <chapeau>Officers authorized to take the proof of instruments may, in the proceedings:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>administer oaths or affirmations, as prescribed by section 2502 of Title 5;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>employ and swear interpreters;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>issue subpoenas, as prescribed by section 1101 of Title 2; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>institute proceedings in the district court to compel the attendance of witnesses or the production of papers, or to punish for contempt, or for the issuance of a warrant of arrest or commitment, in the manner provided by section 1102 of Title 2, and sections 2555 and 2556 of Title 5.</content> </paragraph> </section> <section> <num value="740">§ 740. </num> <heading>Action to correct defective instrument</heading> <content>When the acknowledgment or proof of the execution of an instrument is properly made, but defectively certified, a party interested may have an action in the district court to obtain a judgment correcting the certificate.</content> </section> <section> <num value="741">§ 741. </num> <heading>Action for judgment proving instrument</heading> <content>Any person interested under an instrument entitled to be proved for record may institute an action in the district court against the proper parties to obtain a judgment proving the instrument.</content> </section> <section> <num value="742">§ 742. </num> <heading>Effect of judgment</heading> <content>A certified copy of the judgment in a proceeding instituted pursuant to section 740 or 741 of this title, showing the proof of the instrument, and attached thereto, entitles the instrument to record, with like effect as if acknowledged.</content> </section> <section> <num value="743">§ 743. </num> <heading>Instruments executed prior to effective date of Code</heading> <content>The legality of the execution, acknowledgment, proof, form, or record of instruments made before January 2, 1963, executed, acknowledged, proved, or recorded is not affected by the provisions of this chapter. They depend for their validity and legality upon the laws in force when the acts were performed.</content> </section> <section> <num value="744">§ 744. </num> <heading>Instruments affecting land in District of Columbia, territories, etc.</heading> <chapeau>Deeds and other instruments affecting land situate in the District of Columbia, or any territory or possession of the United States, or the Commonwealth of Puerto Rico, may be acknowledged in the Canal Zone:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>before a notary public or judge; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by an officer in the Canal Zone who has ex officio powers of a notary public.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">The certificate by the notary public in the Canal Zone shall be accompanied by a certificate of the executive secretary stating that the notary taking the acknowledgment was in fact the officer he purported to be. Deeds or other instruments affecting lands so situate, so acknowledged since January 1, 1905, and accompanied by the certificate have the same effect as such deeds or other instruments so acknowledged and certified after June 28, 1906.</continuation> </section> <page identifier="/us/stat/76a/106">106</page> </chapter> <chapter> <num value="29">CHAPTER 29—</num><heading>OBLIGATIONS IN GENERAL</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">definitions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>781.</designator> <label>Obligation defined.</label></referenceItem> <referenceItem role="section"><designator>782.</designator> <label>Creation and enforcement.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">interpretation of obligations</inline></label></referenceItem> <referenceItem role="article"><designator></designator><label>General Rules of Interpretation</label></referenceItem> <referenceItem role="section"><designator>811.</designator> <label>General rules of interpretation.</label></referenceItem> <referenceItem role="article"><designator>Article B—</designator><label>Joint or Several Obligations</label></referenceItem> <referenceItem role="section"><designator>821.</designator> <label>Classification of obligations.</label></referenceItem> <referenceItem role="section"><designator>822.</designator> <label>Presumption of joint obligation.</label></referenceItem> <referenceItem role="section"><designator>823.</designator> <label>Contribution between joint parties.</label></referenceItem> <referenceItem role="article"><designator>Article C—</designator><label>Conditional Obligations</label></referenceItem> <referenceItem role="section"><designator>831.</designator> <label>Conditional obligation defined.</label></referenceItem> <referenceItem role="section"><designator>832.</designator> <label>Kinds of conditions.</label></referenceItem> <referenceItem role="section"><designator>833.</designator> <label>Conditions precedent.</label></referenceItem> <referenceItem role="section"><designator>834.</designator> <label>Conditions concurrent.</label></referenceItem> <referenceItem role="section"><designator>835.</designator> <label>Conditions subsequent.</label></referenceItem> <referenceItem role="section"><designator>836.</designator> <label>Performance of conditions necessary.</label></referenceItem> <referenceItem role="section"><designator>837.</designator> <label>Performance excused.</label></referenceItem> <referenceItem role="section"><designator>838.</designator> <label>Impossible or unlawful conditions.</label></referenceItem> <referenceItem role="section"><designator>839.</designator> <label>Construction of conditions involving forfeiture.</label></referenceItem> <referenceItem role="article"><designator>Article D—</designator><label>Alternative Obligations</label></referenceItem> <referenceItem role="section"><designator>851.</designator> <label>Right of selection.</label></referenceItem> <referenceItem role="section"><designator>852.</designator> <label>Loss of right of selection.</label></referenceItem> <referenceItem role="section"><designator>853.</designator> <label>Indivisibility of alternatives.</label></referenceItem> <referenceItem role="section"><designator>854.</designator> <label>Nullity of alternatives.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">transfer of obligations</inline></label></referenceItem> <referenceItem role="section"><designator>871.</designator> <label>Transfer of burden of obligation.</label></referenceItem> <referenceItem role="section"><designator>872.</designator> <label>Transfer of rights arising from obligation.</label></referenceItem> <referenceItem role="section"><designator>873.</designator> <label>Indorsement of nonnegotiable instrument.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">extinction of obligations</inline></label></referenceItem> <referenceItem role="article"><designator>Article A—</designator><label>Performance</label></referenceItem> <referenceItem role="section"><designator>891.</designator> <label>Extinction by performance.</label></referenceItem> <referenceItem role="section"><designator>892.</designator> <label>Performance by a joint debtor.</label></referenceItem> <referenceItem role="section"><designator>893.</designator> <label>Performance to a joint creditor.</label></referenceItem> <referenceItem role="section"><designator>894.</designator> <label>Performance as directed by creditor.</label></referenceItem> <referenceItem role="section"><designator>895.</designator> <label>Partial performance.</label></referenceItem> <referenceItem role="section"><designator>896.</designator> <label>Payment defined.</label></referenceItem> <referenceItem role="section"><designator>897.</designator> <label>Performance applicable to more than one obligation.</label></referenceItem> <referenceItem role="article"><designator>Article B—</designator><label>Offer of Performance</label></referenceItem> <referenceItem role="section"><designator>911.</designator> <label>Extinction by offer.</label></referenceItem> <referenceItem role="section"><designator>912.</designator> <label>Offer of partial performance.</label></referenceItem> <referenceItem role="section"><designator>913.</designator> <label>Person required to make offer.</label></referenceItem> <referenceItem role="section"><designator>914.</designator> <label>Person to whom offer may be made; place of offer.</label></referenceItem> <referenceItem role="section"><designator>915.</designator> <label>Place of offer.</label></referenceItem> <referenceItem role="section"><designator>916.</designator> <label>Time of offer.</label></referenceItem> <referenceItem role="section"><designator>917.</designator> <label>Offer of compensation for delay.</label></referenceItem> <referenceItem role="section"><designator>918.</designator> <label>Good faith of offer.</label></referenceItem> <referenceItem role="section"><designator>919.</designator> <label>Conditional offer.</label></referenceItem> <referenceItem role="section"><designator>920.</designator> <label>Ability and willingness to perform.</label></referenceItem> <referenceItem role="section"><designator>921.</designator> <label>Production of thing to be delivered.</label></referenceItem> <referenceItem role="section"><designator>922.</designator> <label>Separation of thing offered.</label></referenceItem> <referenceItem role="section"><designator>923.</designator> <label>Offer dependent upon performance of condition.</label></referenceItem> <referenceItem role="section"><designator>924.</designator> <label>Written receipt.</label></referenceItem> <referenceItem role="section"><designator>925.</designator> <label>Extinction of pecuniary obligation by offer, deposit, and notice.</label></referenceItem> <referenceItem role="section"><designator>926.</designator> <label>Objections to mode of offer.</label></referenceItem> <referenceItem role="section"><designator>927.</designator> <label>Title to thing offered.</label></referenceItem> <referenceItem role="section"><designator>928.</designator> <label>Custody of thing offered.</label></referenceItem> <referenceItem role="section"><designator>929.</designator> <label>Effect of offer on interest and incidents of obligation.</label></referenceItem> <referenceItem role="section"><designator>930.</designator> <label>Retention of thing offered and refused.</label></referenceItem> <referenceItem role="article"><designator>Article C—</designator><label>Prevention of Performance or Offer</label></referenceItem> <referenceItem role="section"><designator>941.</designator> <label>Causes excusing performance or offer.</label></referenceItem> <referenceItem role="section"><designator>942.</designator> <label>Performance prevented by creditor.</label></referenceItem> <referenceItem role="section"><designator>943.</designator> <label>Performance prevented by cause excusing it.</label></referenceItem> <referenceItem role="section"><designator>944.</designator> <label>Refusal to accept performance before offer.</label></referenceItem> <page identifier="/us/stat/76a/107">107</page> <referenceItem role="article"><designator>Article D—</designator><label>Accord and satisfaction</label></referenceItem> <referenceItem role="section"><designator>951.</designator> <label>Accord defined.</label></referenceItem> <referenceItem role="section"><designator>952.</designator> <label>Effect of accord.</label></referenceItem> <referenceItem role="section"><designator>953.</designator> <label>Satisfaction defined.</label></referenceItem> <referenceItem role="section"><designator>954.</designator> <label>Part performance.</label></referenceItem> <referenceItem role="article"><designator>Article E—</designator><label>Novation</label></referenceItem> <referenceItem role="section"><designator>961.</designator> <label>Novation defined.</label></referenceItem> <referenceItem role="section"><designator>962.</designator> <label>Methods of novation.</label></referenceItem> <referenceItem role="section"><designator>963.</designator> <label>Applicability of contract rules.</label></referenceItem> <referenceItem role="section"><designator>964.</designator> <label>Rescission of novation.</label></referenceItem> <referenceItem role="article"><designator>Article F—</designator><label>Release</label></referenceItem> <referenceItem role="section"><designator>971.</designator> <label>Extinction of obligation by release.</label></referenceItem> <referenceItem role="section"><designator>972.</designator> <label>Extent of general release.</label></referenceItem> <referenceItem role="section"><designator>973.</designator> <label>Release of joint debtor.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Definitions</heading> <section> <num value="781">§ 781. </num> <heading>Obligation defined</heading> <content>An obligation is a legal duty, by which a person is bound to do or not to do a certain thing.</content> </section> <section> <num value="782">§ 782. </num> <heading>Creation and enforcement</heading> <chapeau>An obligation arises either from the:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>contract of the parties; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>operation of law.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">An obligation arising from operation of law may be enforced in the manner provided by law, or by civil action or proceeding.</continuation> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Interpretation of Obligations</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">General Rules of Interpretation</heading> <section> <num value="811">§ 811. </num> <heading>General rules of interpretation</heading> <content>The rules which govern the interpretation of contracts are prescribed by chapter 35 of this title. Other obligations are interpreted by the same rules by which statutes of a similar nature are interpreted.</content> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Joint or Several Obligations</heading> <section> <num value="821">§ 821. </num> <heading>Classification of obligations</heading> <chapeau>An obligation imposed upon several persons, or a right created in favor of several persons, may be:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>joint;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>several; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>joint and several.</content> </paragraph> </section> <section> <num value="822">§ 822. </num> <heading>Presumption of joint obligation</heading> <content>An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several, except in the special cases specified by chapter 35 of this title, relating to the interpretation of contracts. This presumption, in the case of a right, may be overcome only by express words to the contrary.</content> </section> <section> <num value="823">§ 823. </num> <heading>Contribution between joint parties</heading> <content>A party to a joint, or joint and several, obligation who satisfies more than his share of the claim against all, may require a proportionate contribution from all the parties joined with him.</content> </section> </article> <article> <num class="bold" value="C">Article C—</num><heading class="bold">Conditional Obligations</heading> <section> <num value="831">§ 831. </num> <heading>Conditional obligation defined</heading> <content>An obligation is conditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event.</content> </section> <section> <num value="832">§ 832. </num> <heading>Kinds of conditions</heading> <content>Conditions may be precedent, concurrent, or subsequent.</content> </section> <page identifier="/us/stat/76a/108">108</page> <section> <num value="833">§ 833. </num> <heading>Conditions precedent</heading> <content>A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed.</content> </section> <section> <num value="834">§ 834. </num> <heading>Conditions concurrent</heading> <content>Conditions concurrent are those which are mutually dependent, and are to be performed at the same time.</content> </section> <section> <num value="835">§ 835. </num> <heading>Conditions subsequent</heading> <content>A condition subsequent is one referring to a future event, upon the happening of which the obligation becomes no longer binding upon the other party, if he chooses to avail himself of the condition.</content> </section> <section> <num value="836">§ 836. </num> <heading>Performance of conditions necessary</heading> <content>Before a party to an obligation can require another party to perform any act under it, he shall fulfill all conditions precedent thereto imposed upon himself and be able and offer to fulfill all conditions concurrent so imposed upon him on the like fulfillment by the other party, except as provided by section 837 of this title.</content> </section> <section> <num value="837">§ 837. </num> <heading>Performance excused</heading> <content>If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract the notice before the time when performance upon his part is due, the other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon his part in favor of the former party.</content> </section> <section> <num value="838">§ 838. </num> <heading>Impossible or unlawful conditions</heading> <content>A condition in a contract, the fulfillment of which is impossible or unlawful within the meaning of sections 1081–1085 of this title, or which is repugnant to the nature of the interest created by the contract, is void.</content> </section> <section> <num value="839">§ 839. </num> <heading>Construction of conditions involving forfeiture</heading> <content>A condition involving a forfeiture shall be strictly interpreted against the party for whose benefit it is created.</content> </section> </article> <article> <num class="bold" value="D">Article D—</num><heading class="bold">Alternative Obligations</heading> <section> <num value="851">§ 851. </num> <heading>Right of selection</heading> <content>If an obligation requires the performance of one of two acts, in the alternative, the party required to perform has the right of selection, unless it is otherwise provided by the terms of the obligation.</content> </section> <section> <num value="852">§ 852. </num> <heading>Loss of right of selection</heading> <content>If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by the obligation for that purpose, or, if none is so fixed, before the time when the obligation ought to be performed, the right of selection passes to the other party.</content> </section> <section> <num value="853">§ 853. </num> <heading>Indivisibility of alternatives</heading> <content>A party having the right of selection between alternative acts shall select one of them in its entirety, and may not select part of one and part of another without the consent of the other party.</content> </section> <section> <num value="854">§ 854. </num> <heading>Nullity of alternatives</heading> <content>If one of the alternative acts required by an obligation is such as the law will not enforce, or becomes unlawful, or impossible of performance, the obligation is to be interpreted as though the other stood alone.</content> </section> </article> </subchapter> <page identifier="/us/stat/76a/109">109</page> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Transfer of Obligations</heading> <section> <num value="871">§ 871. </num> <heading>Transfer of burden of obligation</heading> <content>The burden of an obligation may be transferred with the consent of the party entitled to its benefit, but not otherwise.</content> </section> <section> <num value="872">§ 872. </num> <heading>Transfer of rights arising from obligation</heading> <content> <p class="indent0 firstIndent1 fontsize10">A right arising out of an obligation is the property of the person to whom it is due, and may be transferred as such.</p> <p class="indent0 firstIndent1 fontsize10">This section does not authorize the transfer of a thing in action arising out of a tort against the person.</p> </content> </section> <section> <num value="873">§ 873. </num> <heading>Indorsement of nonnegotiable instrument</heading> <content>A nonnegotiable written contract for the payment of money or personal property may be transferred by indorsement, in like manner as negotiable instruments. The indorsement shall transfer all the rights of the assignor under the instrument to the assignee, subject to all equities and defenses existing in favor of the maker at the time of the indorsement.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Extinction of Obligations</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">Performance</heading> <section> <num value="891">§ 891. </num> <heading>Extinction by performance</heading> <content>Full performance of an obligation, by the party whose duty it is to perform it, or by any other person on his behalf, and with his assent, if accepted by the creditor, extinguishes it.</content> </section> <section> <num value="892">§ 892. </num> <heading>Performance by a joint debtor</heading> <content>Performance of an obligation by one of several persons who are jointly liable under it extinguishes the liability of all.</content> </section> <section> <num value="893">§ 893. </num> <heading>Performance to a joint creditor</heading> <content>An obligation in favor of joint creditors is extinguished by performance rendered to any of them, except in the case of a deposit made by joint owners, which is regulated by chapters 49 to 53 of this title on deposit.</content> </section> <section> <num value="894">§ 894. </num> <heading>Performance as directed by creditor</heading> <content>If a creditor, or any one of two or more joint creditors, at any time directs the debtor to perform his obligation in a particular manner, the obligation is extinguished by performance in that manner, even though the creditor does not receive the benefit of the performance.</content> </section> <section> <num value="895">§ 895. </num> <heading>Partial performance</heading> <content>A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof only if the benefit of the performance is voluntarily retained by the creditor. If the partial performance is of such a nature that the creditor cannot avoid retaining it without injuring his own property, his retention thereof is not presumed to be voluntary.</content> </section> <section> <num value="896">§ 896. </num> <heading>Payment defined</heading> <content>Performance of an obligation for the delivery of money only is called payment.</content> </section> <section> <num value="897">§ 897. </num> <heading>Performance applicable to more than one obligation</heading> <chapeau>If a debtor, under several obligations to another, does an act, by way of performance, in whole or in part, which is equally appli-<page identifier="/us/stat/76a/110">110</page>cable to two or more of the obligations, the performance shall be applied as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>If, at the time of performance, the intention or desire of the debtor that the performance should be applied to the extinction of any particular obligation, is manifested to the creditor, it shall be so applied.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>If no such application is then made, the creditor, within a reasonable time after the performance, may apply it toward the extinction of any obligation, performance of which was due to him from the debtor at the time of the performance; except that if similar obligations were due to him both individually and as a trustee, he shall, unless otherwise directed by the debtor, apply the performance to the extinction of all such obligations in equal proportion. An application once made by the creditor may not be rescinded without the consent of the debtor.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>If neither party makes an application within the time prescribed herein, the performance shall be applied to the extinction of obligations in the following order:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>interest due at the time of the performance;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>principal due at that time;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>the obligation earliest in date of maturity;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">(D) </num> <content>an obligation not secured by a lien or collateral undertaking;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">(E) </num> <content>an obligation secured by a lien or collateral undertaking.</content> </subparagraph> <continuation class="indent1 firstIndent0 fontsize10">If there is more than one obligation of a particular class the performance shall be applied to the extinction of all in that class ratably.</continuation> </paragraph> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Offer of Performance</heading> <section> <num value="911">§ 911. </num> <heading>Extinction by offer</heading> <content>An obligation is extinguished by an offer of performance, made in conformity to the rules herein prescribed, and with intent to extinguish the obligation.</content> </section> <section> <num value="912">§ 912. </num> <heading>Offer of partial performance</heading> <content>An offer of partial performance is of no effect.</content> </section> <section> <num value="913">§ 913. </num> <heading>Person required to make offer</heading> <content>Only the debtor, or a person on his behalf and with his assent, may make an offer of performance.</content> </section> <section> <num value="914">§ 914. </num> <heading>Person to whom offer may be made; place of offer</heading> <chapeau>An offer of performance shall be made to:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the creditor;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>any one of two or more joint creditors; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a person authorized by one or more of the creditors to receive or collect what is due under the obligation—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">if the creditor or authorized person is present at the place where the offer may be made; and if not, wherever the creditor may be found.</continuation> </section> <section> <num value="915">§ 915. </num> <heading>Place of offer</heading> <chapeau>In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>at any place appointed by the creditor;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>wherever the person to whom the offer ought to be made can be found;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the person to whom the offer ought to be made can not with reasonable diligence be found within the Canal Zone, and within a reasonable distance from his residence or place of business, or if he evades the debtor, then at his residence or place of business, if the same can, with reasonable diligence, be found within the Canal Zone; or</content> </paragraph> <page identifier="/us/stat/76a/111">111</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>if this cannot be done, then at any place within the Canal Zone.</content> </paragraph> </section> <section> <num value="916">§ 916. </num> <heading>Time of offer</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where an obligation fixes a time for its performance, an offer of performance may be made only at that time.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Where an obligation does not fix the time for its performance, an offer of performance may be made at any time before the debtor, upon a reasonable demand, has refused to perform.</content> </subsection> </section> <section> <num value="917">§ 917. </num> <heading>Offer of compensation for delay</heading> <content>Where delay in performance is capable of exact and entire compensation, and time has not been expressly declared to be of the essence of the obligation, an offer of performance, accompanied with an offer of compensation, may be made at any time after it is due, but without prejudice to any rights acquired by the creditor, or by any other person, in the meantime.</content> </section> <section> <num value="918">§ 918. </num> <heading>Good faith of offer</heading> <content>An offer of performance shall be made in good faith, and in such manner as is most likely, under the circumstances, to benefit the creditor.</content> </section> <section> <num value="919">§ 919. </num> <heading>Conditional offer</heading> <content>An offer of performance shall be free from any conditions which the creditor is not bound, on his part, to perform.</content> </section> <section> <num value="920">§ 920. </num> <heading>Ability and willingness to perform</heading> <content>An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer.</content> </section> <section> <num value="921">§ 921. </num> <heading>Production of thing to be delivered</heading> <content>The thing to be delivered, if any, need not in any case be actually produced, upon an offer of performance, unless the offer is accepted.</content> </section> <section> <num value="922">§ 922. </num> <heading>Separation of thing offered</heading> <content>A thing, when offered by way of performance, may not be mixed with other things from which it cannot be separated immediately and without difficulty.</content> </section> <section> <num value="923">§ 923. </num> <heading>Offer dependent upon performance of condition</heading> <content>When a debtor is entitled to the performance of a condition precedent to, or concurrent with, performance on his part, he may make his offer to depend upon the due performance of that condition.</content> </section> <section> <num value="924">§ 924. </num> <heading>Written receipt</heading> <content>A debtor may require from his creditor a written receipt for any property delivered in performance of his obligation.</content> </section> <section> <num value="925">§ 925. </num> <heading>Extinction of pecuniary obligation by offer, deposit, and notice</heading> <content>An obligation for the payment of money is extinguished by a due offer of payment, if the amount is immediately deposited in the name of the creditor, with a bank of deposit within the Canal Zone, of good repute, and notice thereof is given to the creditor.</content> </section> <section> <num value="926">§ 926. </num> <heading>Objections to mode of offer</heading> <content>All objections to the mode of an offer of performance, which the creditor as an opportunity to state at the time to the person making the offer, and which could be then obviated by him, are waived by the creditor, if not then stated.</content> </section> <section> <num value="927">§ 927. </num> <heading>Title to thing offered</heading> <content>The title to a thing duly offered in performance of an obligation passes to the creditor, if the debtor at the time signifies his intention to that effect.</content> </section> <page identifier="/us/stat/76a/112">112</page> <section> <num value="928">§ 928. </num> <heading>Custody of thing offered</heading> <content>A person offering a thing, other than money, by way of performance, shall, if he means to treat it as belonging to the creditor, retain it as a depositary for hire, until the creditor accepts it, or until he has given reasonable notice to the creditor that he will retain it no longer, and, if with reasonable diligence he can find a suitable depositary therefor, until he has deposited it with the depositary.</content> </section> <section> <num value="929">§ 929. </num> <heading>Effect of offer on interest and incidents of obligation</heading> <content>An offer of payment or other performance, duly made, though the title to the thing offered is not transferred to the creditor, stops the running of interest on the obligation, and has the same effect upon all its incidents as a performance thereof.</content> </section> <section> <num value="930">§ 930. </num> <heading>Retention of thing offered and refused</heading> <content>If anything is given to a creditor by way of performance, which he refuses to accept as such, he is not bound to return it without demand; but if he retains it, he is a gratuitous depositary thereof.</content> </section> </article> <article> <num class="bold" value="C">Article C—</num><heading class="bold">Prevention of Performance or Offer</heading> <section> <num value="941">§ 941. </num> <heading>Causes excusing performance or offer</heading> <chapeau>The want of performance of an obligation, or of an offer of performance, in whole or in part, or any delay therein, is excused by the following causes, to the extent to which they operate:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>when the performance or offer is prevented or delayed by the act of the creditor, or by the operation of law, even though there may have been a stipulation that this shall not be an excuse;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when it is prevented or delayed by an irresistible, superhuman cause, or by the act of public enemies of the United States, unless the parties have expressly agreed to the contrary; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>when the debtor is induced not to make it, by any act of the creditor intended or naturally tending to have that effect, done at or before the time at which the performance or offer may be made, and not rescinded before that time.</content> </paragraph> </section> <section> <num value="942">§ 942. </num> <heading>Performance prevented by creditor</heading> <content>If the performance of an obligation is prevented by the creditor, the debtor is entitled to all the benefits which he would have obtained if it had been performed by both parties.</content> </section> <section> <num value="943">§ 943. </num> <heading>Performance prevented by cause excusing it</heading> <content>If the performance of an obligation is prevented by any cause excusing performance, other than the act of the creditor, the debtor is entitled to a ratable proportion of the consideration to which he would have been entitled upon full performance, according to the benefit which the creditor receives from the actual performance.</content> </section> <section> <num value="944">§ 944. </num> <heading>Refusal to accept performance before offer</heading> <content>A refusal by a creditor to accept performance, made before an offer thereof, is equivalent to an offer and refusal, unless, before performance is actually due, he gives notice to the debtor of his willingness to accept it.</content> </section> </article> <article> <num class="bold" value="D">Article D—</num><heading class="bold">Accord and Satisfaction</heading> <section> <num value="951">§ 951. </num> <heading>Accord defined</heading> <content>An accord is an agreement to accept in extinction of an obligation, something different from or less than that to which the person agreeing to accept is entitled.</content> </section> <section> <num value="952">§ 952. </num> <heading>Effect of accord</heading> <content>Though the parties to an accord are bound to execute it, it does not extinguish the obligation until it is fully executed.</content> </section> <page identifier="/us/stat/76a/113">113</page> <section> <num value="953">§ 953. </num> <heading>Satisfaction defined</heading> <content>Acceptance, by the creditor, of the consideration of an accord extinguishes the obligation, and is called satisfaction.</content> </section> <section> <num value="954">§ 954. </num> <heading>Part performance</heading> <content>Part performance of an obligation, either before or after a breach thereof, when expressly accepted by the creditor in writing, in satisfaction, or rendered in pursuance of an agreement in writing for that purpose, though without any new consideration, extinguishes the obligation.</content> </section> </article> <article> <num class="bold" value="E">Article E—</num><heading class="bold">Novation</heading> <section> <num value="961">§ 961. </num> <heading>Novation defined</heading> <content>Novation is the substitution of a new obligation for an existing one.</content> </section> <section> <num value="962">§ 962. </num> <heading>Methods of novation</heading> <chapeau>Novation is made by the substitution of:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a new obligation between the same parties, with intent to extinguish the old obligation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a new debtor in place of the old one, with intent to release the latter; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a new creditor in place of the old one, with intent to transfer the rights of the latter to the former.</content> </paragraph> </section> <section> <num value="963">§ 963. </num> <heading>Applicability of contract rules</heading> <content>Novation is made by contract, and is subject to all the rules concerning contracts in general.</content> </section> <section> <num value="964">§ 964. </num> <heading>Rescission of novation</heading> <chapeau>When the obligation of, or an order upon, a third person is accepted in satisfaction, the creditor may rescind the acceptance if:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the debtor prevents the person from complying with the order or from fulfilling the obligation; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>at the time the obligation or order is received, the person is insolvent and this fact is unknown to the creditor; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>before the creditor can with reasonable diligence present the order to the person upon whom it is given, he becomes insolvent.</content> </paragraph> </section> </article> <article> <num class="bold" value="F">Article F—</num><heading class="bold">Release</heading> <section> <num value="971">§ 971. </num> <heading>Extinction of obligation by release</heading> <content>An obligation is extinguished by a release therefrom given to the debtor by the creditor, upon a new consideration, or in writing, with or without new consideration.</content> </section> <section> <num value="972">§ 972. </num> <heading>Extent of general release</heading> <content>A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.</content> </section> <section> <num value="973">§ 973. </num> <heading>Release of joint debtor</heading> <content>A release of one of two or more joint debtors does not extinguish the obligations of any of the others, unless they are mere guarantors; nor does it affect their right to contribution from him.</content> </section> </article> </subchapter> </chapter> <page identifier="/us/stat/76a/114">114</page> <chapter> <num value="31">CHAPTER 31—</num><heading>NATURE OF A CONTRACT</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">definitions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1001.</designator> <label>Contract defined.</label></referenceItem> <referenceItem role="section"><designator>1002.</designator> <label>Essential elements of contract.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">parties</inline></label></referenceItem> <referenceItem role="section"><designator>1021.</designator> <label>Persons capable of contracting.</label></referenceItem> <referenceItem role="section"><designator>1022.</designator> <label>Capacity of minors and persons of unsound mind.</label></referenceItem> <referenceItem role="section"><designator>1023.</designator> <label>Identification of parties necessary.</label></referenceItem> <referenceItem role="section"><designator>1024.</designator> <label>Contract for benefit of third person.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">consent</inline></label></referenceItem> <referenceItem role="section"><designator>1041.</designator> <label>Essentials of consent.</label></referenceItem> <referenceItem role="section"><designator>1042.</designator> <label>Voidable consent.</label></referenceItem> <referenceItem role="section"><designator>1043.</designator> <label>Causes defeating reality or freedom of consent.</label></referenceItem> <referenceItem role="section"><designator>1044.</designator> <label>When causes exist.</label></referenceItem> <referenceItem role="section"><designator>1045.</designator> <label>Duress.</label></referenceItem> <referenceItem role="section"><designator>1046.</designator> <label>Menace.</label></referenceItem> <referenceItem role="section"><designator>1047.</designator> <label>Kinds of fraud.</label></referenceItem> <referenceItem role="section"><designator>1048.</designator> <label>Actual fraud.</label></referenceItem> <referenceItem role="section"><designator>1049.</designator> <label>Constructive fraud.</label></referenceItem> <referenceItem role="section"><designator>1050.</designator> <label>Actual fraud as question of fact.</label></referenceItem> <referenceItem role="section"><designator>1051.</designator> <label>Undue influence.</label></referenceItem> <referenceItem role="section"><designator>1052.</designator> <label>Kinds of mistake.</label></referenceItem> <referenceItem role="section"><designator>1053.</designator> <label>Mistake of fact.</label></referenceItem> <referenceItem role="section"><designator>1054.</designator> <label>Mistake of law.</label></referenceItem> <referenceItem role="section"><designator>1055.</designator> <label>Mistake of foreign laws.</label></referenceItem> <referenceItem role="section"><designator>1056.</designator> <label>Mutuality of consent.</label></referenceItem> <referenceItem role="section"><designator>1057.</designator> <label>Communication of consent.</label></referenceItem> <referenceItem role="section"><designator>1058.</designator> <label>Communication of acceptance of proposal.</label></referenceItem> <referenceItem role="section"><designator>1059.</designator> <label>Completion of communication.</label></referenceItem> <referenceItem role="section"><designator>1060.</designator> <label>Acceptance of proposal.</label></referenceItem> <referenceItem role="section"><designator>1061.</designator> <label>Absolute or qualified acceptance.</label></referenceItem> <referenceItem role="section"><designator>1062.</designator> <label>Time for revoking proposal.</label></referenceItem> <referenceItem role="section"><designator>1063.</designator> <label>Method of revoking proposal.</label></referenceItem> <referenceItem role="section"><designator>1064.</designator> <label>Ratification of voidable contract.</label></referenceItem> <referenceItem role="section"><designator>1065.</designator> <label>Consent by acceptance of benefits.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">object</inline></label></referenceItem> <referenceItem role="section"><designator>1081.</designator> <label>Object defined.</label></referenceItem> <referenceItem role="section"><designator>1082.</designator> <label>Requisites of the object.</label></referenceItem> <referenceItem role="section"><designator>1083.</designator> <label>Impossibility defined.</label></referenceItem> <referenceItem role="section"><designator>1084.</designator> <label>Unlawful, impossible, or unascertainable object.</label></referenceItem> <referenceItem role="section"><designator>1085.</designator> <label>One of several objects unlawful.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">consideration</inline></label></referenceItem> <referenceItem role="section"><designator>1101.</designator> <label>Good consideration defined.</label></referenceItem> <referenceItem role="section"><designator>1102.</designator> <label>Legal or moral obligation.</label></referenceItem> <referenceItem role="section"><designator>1103.</designator> <label>Lawful consideration.</label></referenceItem> <referenceItem role="section"><designator>1104.</designator> <label>Effect of illegal consideration.</label></referenceItem> <referenceItem role="section"><designator>1105.</designator> <label>Executed or executory consideration.</label></referenceItem> <referenceItem role="section"><designator>1106.</designator> <label>Executory consideration.</label></referenceItem> <referenceItem role="section"><designator>1107.</designator> <label>Ascertainment of consideration.</label></referenceItem> <referenceItem role="section"><designator>1108.</designator> <label>Impossibility of ascertaining consideration.</label></referenceItem> <referenceItem role="section"><designator>1109.</designator> <label>Written instrument.</label></referenceItem> <referenceItem role="section"><designator>1110.</designator> <label>Burden of proving want of consideration.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Definitions</heading> <section> <num value="1001">§ 1001. </num> <heading>Contract defined</heading> <content>A contract is an agreement to do or not to do a certain thing.</content> </section> <section> <num value="1002">§ 1002. </num> <heading>Essential elements of contract</heading> <chapeau>It is essential to the existence of a contract that there should be:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>parties capable of contracting;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>their consent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a lawful object; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a sufficient cause or consideration.</content> </paragraph> </section> </subchapter> <page identifier="/us/stat/76a/115">115</page> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Parties</heading> <section> <num value="1021">§ 1021. </num> <heading>Persons capable of contracting</heading> <content>All persons are capable of contrasting, except minors and persons of unsound mind.</content> </section> <section> <num value="1022">§ 1022. </num> <heading>Capacity of minors and persons of unsound mind</heading> <content>Minors, and persons of unsound mind, have only such capacity as is defined by chapter 3 of this title.</content> </section> <section> <num value="1023">§ 1023. </num> <heading>Identification of parties necessary</heading> <content>It is essential to the validity of a contract, not only that the parties should exist, but that it should be possible to identify them.</content> </section> <section> <num value="1024">§ 1024. </num> <heading>Contract for benefit of third person</heading> <content>A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Consent</heading> <section> <num value="1041">§ 1041. </num> <heading>Essentials of consent</heading> <chapeau>The consent of the parties to a contract must be:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>free;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>mutual; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>communicated by each to the other.</content> </paragraph> </section> <section> <num value="1042">§ 1042. </num> <heading>Voidable consent</heading> <content>A consent which is not free is nevertheless not absolutely void, but may be rescinded by the parties, in the manner prescribed by sections 1291 to 1294 of this title.</content> </section> <section> <num value="1043">§ 1043. </num> <heading>Causes defeating reality or freedom of consent</heading> <chapeau>An apparent consent is not real or free when obtained through:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>duress;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>menace;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>fraud;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>undue influence; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>mistake.</content> </paragraph> </section> <section> <num value="1044">§ 1044. </num> <heading>When causes exist</heading> <content>Consent is deemed to have been obtained through one of the causes specified by section 1043 of this title only when it would not have been given had that cause not existed.</content> </section> <section> <num value="1045">§ 1045. </num> <heading>Duress</heading> <chapeau>Duress consists in:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>unlawful confinement of the person of the party, or of the spouse of the party, or of an ancestor, descendant, or adopted child of the party or spouse;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>unlawful detention of the property of such a person; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>confinement of such a person, lawful in form, but fraudulently obtained, or fraudulently made unjustly harassing or oppressive.</content> </paragraph> </section> <section> <num value="1046">§ 1046. </num> <heading>Menace</heading> <chapeau>Menace consists in a threat of:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>any duress specified by paragraphs (1) and (3) of section 1045 of this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>unlawful and violent injury to the person or property of any person specified by section 1045 of this title; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>injury to the character of such a person.</content> </paragraph> </section> <page identifier="/us/stat/76a/116">116</page> <section> <num value="1047">§ 1047. </num> <heading>Kinds of fraud</heading> <content>Fraud is either actual or constructive.</content> </section> <section> <num value="1048">§ 1048. </num> <heading>Actual fraud</heading> <chapeau>Actual fraud, within the meaning of this subchapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the suppression of that which is true, by one having knowledge or belief of the fact;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a promise made without any intention of performing it; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>any other act fitted to deceive.</content> </paragraph> </section> <section> <num value="1049">§ 1049. </num> <heading>Constructive fraud</heading> <chapeau>Constructive fraud consists in:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>any act or omission which the law specially declares to be fraudulent, without respect to actual fraud.</content> </paragraph> </section> <section> <num value="1050">§ 1050. </num> <heading>Actual fraud as question of fact</heading> <content>Actual fraud is always a question of fact.</content> </section> <section> <num value="1051">§ 1051. </num> <heading>Undue influence</heading> <chapeau>Undue influence consists in:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of the confidence or authority for the purpose of obtaining an unfair advantage over him;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>taking an unfair advantage of another’s weakness of mind;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>taking a grossly oppressive and unfair advantage of another’s necessities or distress.</content> </paragraph> </section> <section> <num value="1052">§ 1052. </num> <heading>Kinds of mistake</heading> <content>Mistake may be either of fact or law.</content> </section> <section> <num value="1053">§ 1053. </num> <heading>Mistake of fact</heading> <chapeau>Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an unconscious ignorance or forgetfulness of a fact past or present, material to the contract; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>belief in the present existence of a thing material to the contract which does not exist, or in the past existence of such a thing, which has not existed.</content> </paragraph> </section> <section> <num value="1054">§ 1054. </num> <heading>Mistake of law</heading> <chapeau>Mistake of law is a mistake, within the meaning of this subchapter, only when it arises from a misapprehension of the law:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the law; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by one party, of which the others are aware at the time of contracting, but which they do not rectify.</content> </paragraph> </section> <page identifier="/us/stat/76a/117">117</page> <section> <num value="1055">§ 1055. </num> <heading>Mistake of foreign laws</heading> <content>Mistake of foreign laws is a mistake of fact.</content> </section> <section> <num value="1056">§ 1056. </num> <heading>Mutuality of consent</heading> <content>Consent is not mutual unless the parties all agree upon the same thing in the same sense; but in certain cases defined by chapter 35 of this title, relating to the interpretation of contracts, they are to be deemed so to agree without regard to the fact.</content> </section> <section> <num value="1057">§ 1057. </num> <heading>Communication of consent</heading> <content>Consent may be communicated with effect, only by some act or omission of the party contracting, by which he intends to communicate it, or which necessarily tends to communication.</content> </section> <section> <num value="1058">§ 1058. </num> <heading>Communication of acceptance of proposal</heading> <content>If a proposal prescribes conditions concerning the communication of its acceptance, the proposer is not bound unless they are conformed to; but in other cases any reasonable and usual mode may be adopted.</content> </section> <section> <num value="1059">§ 1059. </num> <heading>Completion of communication</heading> <content>Consent is deemed to be fully communicated between the parties as soon as the party accepting a proposal has put his acceptance in the course of transmission to the proposer, in conformity to section 1058 of this title.</content> </section> <section> <num value="1060">§ 1060. </num> <heading>Acceptance of proposal</heading> <content>Performance of the conditions of a proposal, or the acceptance of the consideration offered with a proposal, is an acceptance of the proposal.</content> </section> <section> <num value="1061">§ 1061. </num> <heading>Absolute or qualified acceptance</heading> <content>An acceptance must be absolute and unqualified, or must include in itself an acceptance of that character which the proposer can separate from the rest, and which will conclude the person accepting. A qualified acceptance is a new proposal.</content> </section> <section> <num value="1062">§ 1062. </num> <heading>Time for revoking proposal</heading> <content>A Proposal may be revoked at any time before its acceptance is communicated to the proposer, but not afterwards.</content> </section> <section> <num value="1063">§ 1063. </num> <heading>Method of revoking proposal</heading> <chapeau>A proposal is revoked by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>communication of notice of revocation by the proposer to the other party, in the manner prescribed by sections 1057–1059 of this title, before his acceptance has been communicated to the former;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the lapse of the time prescribed in the proposal for its acceptance, or if no time is so prescribed, the lapse of a reasonable time without communication of the acceptance;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the failure of the acceptor to fulfill a condition precedent to acceptance; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the death or insanity of the proposer.</content> </paragraph> </section> <section> <num value="1064">§ 1064. </num> <heading>Ratification of voidable contract</heading> <content>A contract which is voidable solely for want of due consent, may be ratified by a subsequent consent.</content> </section> <section> <num value="1065">§ 1065. </num> <heading>Consent by acceptance of benefits</heading> <content>A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, as far as the facts are known, or ought to be known, to the person accepting.</content> </section> </subchapter> <page identifier="/us/stat/76a/118">118</page> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Object</heading> <section> <num value="1081">§ 1081. </num> <heading>Object defined</heading> <content>The object of a contract is the thing which it is agreed, on the part of the party receiving the consideration, to do or not to do.</content> </section> <section> <num value="1082">§ 1082. </num> <heading>Requisites of the object</heading> <content>The object of a contract must be lawful when the contract is made, and possible and ascertainable by the time the contract is to be performed.</content> </section> <section> <num value="1083">§ 1083. </num> <heading>Impossibility defined</heading> <content>Everything is deemed possible except that which is impossible in the nature of things.</content> </section> <section> <num value="1084">§ 1084. </num> <heading>Unlawful, impossible, or unascertainable object</heading> <content>Where a contract has but a single object, and that object is unlawful, whether in whole or in part, or wholly impossible of performance, or so vaguely expressed as to be wholly unascertainable, the entire contract is void.</content> </section> <section> <num value="1085">§ 1085. </num> <heading>One of several objects unlawful</heading> <content>Where a contract has several distinct objects, of which one at least is lawful, and one at least is unlawful, in whole or in part, the contract is void as to the latter and valid as to the rest.</content> </section> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Consideration</heading> <section> <num value="1101">§ 1101. </num> <heading>Good consideration defined</heading> <content>A benefit conferred, or agreed to be conferred, upon the promisor, by another person, to which the promisor is not lawfully entitled, or a prejudice suffered, or agreed to be suffered, by another person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor, is a good consideration for a promise.</content> </section> <section> <num value="1102">§ 1102. </num> <heading>Legal or moral obligation</heading> <content>An existing legal obligation resting upon the promisor, or a moral obligation originating in a benefit conferred upon the promisor, or prejudice suffered by the promisee, is also a good consideration for a promise, but only to an extent corresponding with the extent of the obligation.</content> </section> <section> <num value="1103">§ 1103. </num> <heading>Lawful consideration</heading> <content>The consideration of a contract must be lawful within the meaning of section 1241 of this title.</content> </section> <section> <num value="1104">§ 1104. </num> <heading>Effect of illegal consideration</heading> <content>If a part of a single consideration for one or more objects, or of several considerations for a single object, is unlawful, the entire contract is void.</content> </section> <section> <num value="1105">§ 1105. </num> <heading>Executed or executory consideration</heading> <content>A consideration may be executed or executory, in whole or in part. Insofar as it is executory it is subject to sections 1081–1085 of this title.</content> </section> <section> <num value="1106">§ 1106. </num> <heading>Executory consideration</heading> <content>When a consideration is executory, it is not indispensable that the contract specify its amount or the means of ascertaining it. It may be left to the decision of a third person, or regulated by any specified standard.</content> </section> <page identifier="/us/stat/76a/119">119</page> <section> <num value="1107">§ 1107. </num> <heading>Ascertainment of consideration</heading> <content>When a contract does not determine the amount of the consideration, nor the method by which it is to be determined, or when it leaves the amount thereof to the discretion of an interested party, the consideration must be as much money as the object of the contract is reasonably worth.</content> </section> <section> <num value="1108">§ 1108. </num> <heading>Impossibility of ascertaining consideration</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where a contract provides an exclusive method by which its consideration is to be determined, which method is on its face impossible of execution, the entire contract is void.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Where a contract provides an exclusive method by which its consideration is to be determined, which method appears possible on its face, but in fact is, or becomes, impossible of execution, such provision only is void.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>This section does not apply to cases provided for by sections 1429 and 1430 of this title.</content> </subsection> </section> <section> <num value="1109">§ 1109. </num> <heading>Written instrument</heading> <content>A written instrument is presumptive evidence of a consideration.</content> </section> <section> <num value="1110">§ 1110. </num> <heading>Burden of proving want of consideration</heading> <content>The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it.</content> </section> </subchapter> </chapter> <chapter> <num value="33">CHAPTER 33—</num><heading>CREATION OF CONTRACTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1141.</designator> <label>Kinds of contracts.</label></referenceItem> <referenceItem role="section"><designator>1142.</designator> <label>Express contract defined.</label></referenceItem> <referenceItem role="section"><designator>1143.</designator> <label>Implied contract defined.</label></referenceItem> <referenceItem role="section"><designator>1144.</designator> <label>Oral contracts.</label></referenceItem> <referenceItem role="section"><designator>1145.</designator> <label>Contract not in writing through fraud.</label></referenceItem> <referenceItem role="section"><designator>1146.</designator> <label>Statute of frauds.</label></referenceItem> <referenceItem role="section"><designator>1147.</designator> <label>Effect of written contract on negotiations or stipulations.</label></referenceItem> <referenceItem role="section"><designator>1148.</designator> <label>Written contract effective upon delivery.</label></referenceItem> <referenceItem role="section"><designator>1149.</designator> <label>Law governing delivery of written contracts.</label></referenceItem> <referenceItem role="section"><designator>1150.</designator> <label>Sealed and unsealed instruments.</label></referenceItem> </toc> <section> <num value="1141">§ 1141. </num> <heading>Kinds of contracts</heading> <content>A contract is either express or implied.</content> </section> <section> <num value="1142">§ 1142. </num> <heading>Express contract defined</heading> <content>An express contract is one the terms of which are stated in words.</content> </section> <section> <num value="1143">§ 1143. </num> <heading>Implied contract defined</heading> <content>An implied contract is one the existence and terms of which are manifested by conduct.</content> </section> <section> <num value="1144">§ 1144. </num> <heading>Oral contracts</heading> <content>All contracts may be oral, except such as are specially required by statute to be in writing.</content> </section> <section> <num value="1145">§ 1145. </num> <heading>Contract not in writing through fraud</heading> <content>If a contract, which is required by law to be in writing, is prevented from being put into writing by the fraud of a party thereto, any other party who is by that fraud led to believe that it is in writing, and acts upon that belief to his prejudice, may enforce it against the fraudulent party.</content> </section> <section> <num value="1146">§ 1146. </num> <heading>Statute of frauds</heading> <chapeau>The following contracts are invalid, unless the same, or some note or memorandum thereof, is in writing and subscribed by the party to be charged, or by his agent:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an agreement that by its terms is not to be performed within a year from the making thereof;</content> </paragraph> <page identifier="/us/stat/76a/120">120</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for by section 3714 of this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>an agreement made upon consideration of marriage;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>an agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; and such an agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent is in writing, subscribed by the party sought to be charged;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>an agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>an agreement which by its terms is not to be performed during the lifetime of the promisor, or an agreement to devise or bequeath property, or to make provision for a person by will.</content> </paragraph> </section> <section> <num value="1147">§ 1147. </num> <heading>Effect of written contract on negotiations or stipulations</heading> <content>The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument.</content> </section> <section> <num value="1148">§ 1148. </num> <heading>Written contract effective upon delivery</heading> <content>A contract in writing takes effect upon its delivery to the party in whose favor it is made, or to his agent.</content> </section> <section> <num value="1149">§ 1149. </num> <heading>Law governing delivery of written contracts</heading> <content>Sections 594–598 of this title, concerning the delivery of grants, absolute and conditional, apply to all written contracts.</content> </section> <section> <num value="1150">§ 1150. </num> <heading>Sealed and unsealed instruments</heading> <content>All distinctions between sealed and unsealed instruments are abolished.</content> </section> </chapter> <chapter> <num value="35">CHAPTER 35—</num><heading>INTERPRETATION OF CONTRACTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1181.</designator> <label>Uniformity of interpretation.</label></referenceItem> <referenceItem role="section"><designator>1182.</designator> <label>Intention of parties.</label></referenceItem> <referenceItem role="section"><designator>1183.</designator> <label>Ascertainment of intention generally.</label></referenceItem> <referenceItem role="section"><designator>1184.</designator> <label>Language of contract.</label></referenceItem> <referenceItem role="section"><designator>1185.</designator> <label>Written contracts.</label></referenceItem> <referenceItem role="section"><designator>1186.</designator> <label>Writing disregarded.</label></referenceItem> <referenceItem role="section"><designator>1187.</designator> <label>Contract taken as a whole.</label></referenceItem> <referenceItem role="section"><designator>1188.</designator> <label>Several contracts to be taken together.</label></referenceItem> <referenceItem role="section"><designator>1189.</designator> <label>Interpretation in favor of contract.</label></referenceItem> <referenceItem role="section"><designator>1190.</designator> <label>Words in their ordinary sense.</label></referenceItem> <referenceItem role="section"><designator>1191.</designator> <label>Technical words.</label></referenceItem> <referenceItem role="section"><designator>1192.</designator> <label>Law and usage of place.</label></referenceItem> <referenceItem role="section"><designator>1193.</designator> <label>Explanation by reference to circumstances.</label></referenceItem> <referenceItem role="section"><designator>1194.</designator> <label>Restriction to object of contract.</label></referenceItem> <referenceItem role="section"><designator>1195.</designator> <label>Ambiguity or uncertainty of promise.</label></referenceItem> <referenceItem role="section"><designator>1196.</designator> <label>Particular clauses; general intent.</label></referenceItem> <referenceItem role="section"><designator>1197.</designator> <label>Partly written and printed contracts.</label></referenceItem> <referenceItem role="section"><designator>1198.</designator> <label>Reconciliation of repugnancies.</label></referenceItem> <referenceItem role="section"><designator>1199.</designator> <label>Inconsistent words.</label></referenceItem> <referenceItem role="section"><designator>1200.</designator> <label>Interpretation against party causing uncertainty.</label></referenceItem> <referenceItem role="section"><designator>1201.</designator> <label>Implied stipulations.</label></referenceItem> <referenceItem role="section"><designator>1202.</designator> <label>Necessary incidents implied.</label></referenceItem> <referenceItem role="section"><designator>1203.</designator> <label>Time of performance of contract.</label></referenceItem> <referenceItem role="section"><designator>1204.</designator> <label>Joint and several promise.</label></referenceItem> <referenceItem role="section"><designator>1205.</designator> <label>Executed and executory contracts.</label></referenceItem> </toc> <page identifier="/us/stat/76a/121">121</page> <section> <num value="1181">§ 1181. </num> <heading>Uniformity of interpretation</heading> <content>All contracts, whether public or private, shall be interpreted by the same rules, except as otherwise provided by this title.</content> </section> <section> <num value="1182">§ 1182. </num> <heading>Intention of parties</heading> <content>A contract shall be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, as far as the same is ascertainable and lawful.</content> </section> <section> <num value="1183">§ 1183. </num> <heading>Ascertainment of intention generally</heading> <content>For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this chapter shall apply.</content> </section> <section> <num value="1184">§ 1184. </num> <heading>Language of contract</heading> <content>The language of a contract shall govern its interpretation, if the language is clear and explicit, and does not involve an absurdity.</content> </section> <section> <num value="1185">§ 1185. </num> <heading>Written contracts</heading> <content>When a contract is reduced to writing, the intention of the parties shall be ascertained from the writing alone, if possible; subject, however, to the other provisions of this chapter.</content> </section> <section> <num value="1186">§ 1186. </num> <heading>Writing disregarded</heading> <content>When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, that intention shall be regarded, and the erroneous parts of the writing disregarded.</content> </section> <section> <num value="1187">§ 1187. </num> <heading>Contract taken as a whole</heading> <content>The whole of a contract shall be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to interpret the other.</content> </section> <section> <num value="1188">§ 1188. </num> <heading>Several contracts to be taken together</heading> <content>Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, shall be taken together.</content> </section> <section> <num value="1189">§ 1189. </num> <heading>Interpretation in favor of contract</heading> <content>A contract shall receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect, if it can be done without violating the intention of the parties.</content> </section> <section> <num value="1190">§ 1190. </num> <heading>Words in their ordinary sense</heading> <content>The words of a contract shall be understood in their ordinary and popular sense, rather than according to their strict legal meaning, unless used by the parties in a technical sense, or unless a special meaning is given to them by usage, in which case the latter shall be followed.</content> </section> <section> <num value="1191">§ 1191. </num> <heading>Technical words</heading> <content>Technical words shall be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different sense.</content> </section> <section> <num value="1192">§ 1192. </num> <heading>Law and usage of place</heading> <content>A contract shall be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.</content> </section> <section> <num value="1193">§ 1193. </num> <heading>Explanation by reference to circumstances</heading> <content>A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates.</content> </section> <page identifier="/us/stat/76a/122">122</page> <section> <num value="1194">§ 1194. </num> <heading>Restriction to object of contract</heading> <content>However broad may be the term of a contract, it extends only to those things concerning which it appears that the parties intended to contract.</content> </section> <section> <num value="1195">§ 1195. </num> <heading>Ambiguity or uncertainty of promise</heading> <content>If the terms of a promise are in any respect ambiguous or uncertain, it shall be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it.</content> </section> <section> <num value="1196">§ 1196. </num> <heading>Particular clauses; general intent</heading> <content>Particular clauses of a contract are subordinate to its general intent.</content> </section> <section> <num value="1197">§ 1197. </num> <heading>Partly written and printed contracts</heading> <content>If a contract is partly written and partly printed, or if part of it is written or printed under the special directions of the parties, and with a special view to their intention and the remainder is copied from a form originally prepared without special reference to the particular parties and the particular contract in question, the written parts control the printed parts, and the parts which are purely original control those which are copied from a form. And if the two are absolutely repugnant, the latter shall be so far disregarded.</content> </section> <section> <num value="1198">§ 1198. </num> <heading>Reconciliation of repugnancies</heading> <content>Repugnancy in a contract shall be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the general intent and purpose of the whole contract.</content> </section> <section> <num value="1199">§ 1199. </num> <heading>Inconsistent words</heading> <content>Words in a contract which are wholly inconsistent with its nature, or with the main intention of the parties, shall be rejected.</content> </section> <section> <num value="1200">§ 1200. </num> <heading>Interpretation against party causing uncertainty</heading> <content>In cases of uncertainty not removed by the preceding rules, the language of a contract shall be interpreted most strongly against the party who caused the uncertainty to exist. The promisor is presumed to be that party; except in a contract between a public officer or body, as such, and a private party, in which it is presumed that all uncertainty was caused by the private party.</content> </section> <section> <num value="1201">§ 1201. </num> <heading>Implied stipulations</heading> <content>Stipulations which are necessary to make a contract reasonable, or conformable to usage, are implied, in respect to matters concerning which the contract does not manifest a contrary intention.</content> </section> <section> <num value="1202">§ 1202. </num> <heading>Necessary incidents implied</heading> <content>All things that in law or usage are considered as incidental to a contract, or as necessary to carry it into effect, are implied therefrom, unless some of them are expressly mentioned therein, when all other things of the same class are deemed to be excluded.</content> </section> <section> <num value="1203">§ 1203. </num> <heading>Time of performance of contract</heading> <content>If a time is not specified for the performance of an act required to he performed, a reasonable time is allowed. If the act is in its nature capable of being done instantly—as, for example, if it consists in the payment of money only—it shall be performed immediately upon the thing to be done being exactly ascertained.</content> </section> <section> <num value="1204">§ 1204. </num> <heading>Joint and several promise</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and several.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A promise, made in the singular number, but executed by several persons, is presumed to be joint and several.</content> </subsection> </section> <page identifier="/us/stat/76a/123">123</page> <section> <num value="1205">§ 1205. </num> <heading>Executed and executory contracts</heading> <content>An executed contract is one, the object of which is fully performed. All others are executory.</content> </section> </chapter> <chapter> <num value="37">CHAPTER 37—</num><heading>UNLAWFUL CONTRACTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1241.</designator> <label>Unlawful defined.</label></referenceItem> <referenceItem role="section"><designator>1242.</designator> <label>Contracts contrary to policy of law.</label></referenceItem> <referenceItem role="section"><designator>1143.</designator> <label>Liquidated damages.</label></referenceItem> <referenceItem role="section"><designator>1244.</designator> <label>Contracts in restraint of trade; partnership agreements.</label></referenceItem> <referenceItem role="section"><designator>1245.</designator> <label>Contracts in restraint of marriage.</label></referenceItem> </toc> <section> <num value="1241">§ 1241. </num> <heading>Unlawful defined</heading> <chapeau>That is not lawful which is:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>contrary to an express provision of law;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>contrary to the policy of express law, though not expressly prohibited; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>otherwise contrary to good morals.</content> </paragraph> </section> <section> <num value="1242">§ 1242. </num> <heading>Contracts contrary to policy of law</heading> <content>Contracts which have for their object, directly or indirectly, to exempt anyone from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law.</content> </section> <section> <num value="1243">§ 1243. </num> <heading>Liquidated damages</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Except as expressly provided in subsection (b) of this section, a contract by which the amount of damage to be paid, or other compensation to be made, for a breach of an obligation, is determined in anticipation thereof, is to that extent void.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The parties to contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.</content> </subsection> </section> <section> <num value="1244">§ 1244. </num> <heading>Contracts in restraint of trade; partnership agreements</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Except as provided in subsection (b) of this section, contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind is to that extent void.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Partners may, upon or in anticipation of a dissolution of the partnership, agree that none of them will carry on a similar business within the same city or town where the partnership business has been transacted, or within a specified part thereof.</content> </subsection> </section> <section> <num value="1245">§ 1245. </num> <heading>Contracts in restraint of marriage</heading> <content>A contract in restraint of the marriage of any person, other than a minor, is void.</content> </section> </chapter> <chapter> <num value="39">CHAPTER 39—</num><heading>EXTINCTION OF CONTRACTS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1271.</designator> <label>Extinguishment.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">rescission</inline></label></referenceItem> <referenceItem role="section"><designator>1291.</designator> <label>Extinguishment by rescission.</label></referenceItem> <referenceItem role="section"><designator>1292.</designator> <label>Grounds for rescission.</label></referenceItem> <referenceItem role="section"><designator>1293.</designator> <label>Stipulations against right to rescind.</label></referenceItem> <referenceItem role="section"><designator>1294.</designator> <label>Procedure for rescission.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">alteration and cancellation</inline></label></referenceItem> <referenceItem role="section"><designator>1311.</designator> <label>Alteration of verbal contract.</label></referenceItem> <referenceItem role="section"><designator>1312.</designator> <label>Alteration of written contract.</label></referenceItem> <referenceItem role="section"><designator>1313.</designator> <label>Destruction or cancellation by consent of parties.</label></referenceItem> <referenceItem role="section"><designator>1314.</designator> <label>Destruction, cancellation, or alteration by beneficiary.</label></referenceItem> <referenceItem role="section"><designator>1315.</designator> <label>Alteration or destruction of duplicate.</label></referenceItem> </toc> <page identifier="/us/stat/76a/124">124</page> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="1271">§ 1271. </num> <heading>Extinguishment</heading> <content>A contract may be extinguished in like manner with any other obligation, and also in the manner prescribed by this chapter.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Rescission</heading> <section> <num value="1291">§ 1291. </num> <heading>Extinguishment by rescission</heading> <content>A contract is extinguished by its rescission.</content> </section> <section> <num value="1292">§ 1292. </num> <heading>Grounds for rescission</heading> <chapeau>A party to a contract may rescind it in the following cases only:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the consent of the party rescinding or of any party jointly contracting with him, was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with that party;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if, through the fault of the party as to whom he rescinds, the consideration for his obligation fails, in whole or in part;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the consideration becomes entirely void from any cause;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>if the consideration, before it is rendered to him, fails in a material respect, from my cause;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>by consent of all the other parties; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>under the circumstances provided for by chapter 45 of this title, relating to sales of goods.</content> </paragraph> </section> <section> <num value="1293">§ 1293. </num> <heading>Stipulations against right to rescind</heading> <content>A stipulation that errors of description shall not avoid a contract, or shall be the subject of compensation, or both, does not take away the right of rescission for fraud, nor for mistake, where the mistake is in a matter essential to the inducement of the contract, and is not capable of exact and entire compensation.</content> </section> <section> <num value="1294">§ 1294. </num> <heading>Procedure for rescission</heading> <chapeau>Rescission, when not effected by consent, may be accomplished only by the use, on the part of the party rescinding, of reasonable diligence to:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>rescind promptly, upon discovering the facts which entitle him to rescind, if he is free from duress, menace, undue influence, or disability, and is aware of his right to rescind; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>restore to the other party everything of value which he has received from him under the contract; or offer to restore the same, upon condition that the other party shall do likewise, unless the latter is unable or positively refuses to do so.</content> </paragraph> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Alteration and Cancellation</heading> <section> <num value="1311">§ 1311. </num> <heading>Alteration of verbal contract</heading> <content>A contract not in writing may be altered in any respect by consent of the parties, in writing, without a new consideration, and is extinguished thereby to the extent of the new alteration.</content> </section> <section> <num value="1312">§ 1312. </num> <heading>Alteration of written contract</heading> <content>A contract in writing may be altered only by a contract in writing or an executed oral agreement.</content> </section> <section> <num value="1313">§ 1313. </num> <heading>Destruction or cancellation by consent of parties</heading> <content>The destruction or cancellation of a written contract, or of the signature of the parties liable thereon, with intent to extinguish the obligation thereof, extinguishes it as to all the parties consenting to the act.</content> </section> <page identifier="/us/stat/76a/125">125</page> <section> <num value="1314">§ 1314. </num> <heading>Destruction, cancellation, or alteration by beneficiary</heading> <content>The intentional destruction, cancellation, or material alteration of a written contract, by a party entitled to any benefit under it, or with his consent, extinguishes all the executory obligations of the contract in his favor, against parties who do not consent to the act.</content> </section> <section> <num value="1315">§ 1315. </num> <heading>Alteration or destruction of duplicate</heading> <content>Where a contract is executed in duplicate, an alteration or destruction of one copy, while the other exists, is not within the purview of section 1314 of this title.</content> </section> </subchapter> </chapter> <chapter> <num value="41">CHAPTER 41—</num><heading>OBLIGATIONS IMPOSED BY LAW</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1351.</designator> <label>Abstinence from injuring others.</label></referenceItem> <referenceItem role="section"><designator>1852.</designator> <label>Damages for deceit.</label></referenceItem> <referenceItem role="section"><designator>1353.</designator> <label>Deceit defined.</label></referenceItem> <referenceItem role="section"><designator>1354.</designator> <label>Deceit upon the public or a class.</label></referenceItem> <referenceItem role="section"><designator>1355.</designator> <label>Thing wrongfully acquired; restoration.</label></referenceItem> <referenceItem role="section"><designator>1356.</designator> <label>Same; demand for restoration.</label></referenceItem> <referenceItem role="section"><designator>1357.</designator> <label>Willful acts and negligence; contributory negligence.</label></referenceItem> </toc> <section> <num value="1351">§ 1351. </num> <heading>Abstinence from injuring others</heading> <content>Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his rights.</content> </section> <section> <num value="1352">§ 1352. </num> <heading>Damages for deceit</heading> <content>One who willfully deceives another with intent to induce him to alter his position to his injury, or risk, is liable for any damage which he thereby suffers.</content> </section> <section> <num value="1353">§ 1353. </num> <heading>Deceit defined</heading> <chapeau>A deceit, within the meaning of section 1352 of this title, is:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a promise made without any intention of performing it.</content> </paragraph> </section> <section> <num value="1354">§ 1354. </num> <heading>Deceit upon the public or a class</heading> <content>One who practices a deceit with intent to defraud the public or a particular class of persons, is deemed to have intended to defraud every individual in that class, who is actually misled by the deceit.</content> </section> <section> <num value="1355">§ 1355. </num> <heading>Thing wrongfully acquired; restoration</heading> <chapeau>One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was thus obtained, unless</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>he has acquired a title thereto superior to that of the other person; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the transaction was corrupt and unlawful on both sides.</content> </paragraph> </section> <section> <num value="1356">§ 1356. </num> <heading>Same; demand for restoration</heading> <content>The restoration required by section 1355 of this title must be made without demand, except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until he has notice of the mistake.</content> </section> <page identifier="/us/stat/76a/126">126</page> <section> <num value="1357">§ 1357. </num> <heading>Willful acts and negligence; contributory negligence</heading> <content>Everyone is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except as far as the latter has willfully brought the injury upon himself. Want of ordinary care on the part of the injured person does not bar a recovery, but the damages shall be diminished by the court or jury in proportion to the want of ordinary care attributable to that person. The extent of liability in the cases covered by this section is defined by chapter 109 of this title, relating to compensatory relief.</content> </section> </chapter> <chapter> <num value="43">CHAPTER 43—</num><heading>GENERAL PROVISIONS AFFECTING CHAPTERS 45 TO 105</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1391.</designator> <label>Waiver of provisions; intention of parties.</label></referenceItem> </toc> <section> <num value="1391">§ 1391. </num> <heading>Waiver of provisions; intention of parties</heading> <content>Except where it is otherwise declared, the provisions of chapters 40–105 of this title, with respect to the rights and obligations of parties to contracts, are subordinate to the intention of the parties, when ascertained in the manner prescribed by chapter 35 of this title, relating to the interpretation of contracts; and the benefit thereof may be waived by a party entitled thereto, unless the waiver would be against public policy.</content> </section> </chapter> <chapter> <num value="45">CHAPTER 45—</num><heading>SALES OF GOODS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">the contract</inline></label></referenceItem> <referenceItem role="article"><designator>Article A—</designator><label>Formation of the Contract</label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1421.</designator> <label>Contracts to sell and sales.</label></referenceItem> <referenceItem role="section"><designator>1422.</designator> <label>Capacity; liability for necessaries.</label></referenceItem> <referenceItem role="article"><designator>Article B—</designator><label>Formalities of the Contract</label></referenceItem> <referenceItem role="section"><designator>1423.</designator> <label>Form of contract or sale.</label></referenceItem> <referenceItem role="section"><designator>1424.</designator> <label>Statute of frauds.</label></referenceItem> <referenceItem role="article"><designator>Article C—</designator><label>Subject Matter of Contract</label></referenceItem> <referenceItem role="section"><designator>1425.</designator> <label>Existing and future goods.</label></referenceItem> <referenceItem role="section"><designator>1426.</designator> <label>Undivided shares.</label></referenceItem> <referenceItem role="section"><designator>1427.</designator> <label>Destruction of goods sold.</label></referenceItem> <referenceItem role="section"><designator>1428.</designator> <label>Destruction of goods contracted to be sold.</label></referenceItem> <referenceItem role="article"><designator>Article D—</designator><label>The Price</label></referenceItem> <referenceItem role="section"><designator>1429.</designator> <label>Definition and ascertainment of price.</label></referenceItem> <referenceItem role="section"><designator>1430.</designator> <label>Sale at a valuation.</label></referenceItem> <referenceItem role="article"><designator>Article E—</designator><label>Conditions and Warranties</label></referenceItem> <referenceItem role="section"><designator>1431.</designator> <label>Effect of conditions.</label></referenceItem> <referenceItem role="section"><designator>1432.</designator> <label>Definition of express warranty.</label></referenceItem> <referenceItem role="section"><designator>1433.</designator> <label>Implied warranties of title.</label></referenceItem> <referenceItem role="section"><designator>1434.</designator> <label>Implied warranty in sale by description.</label></referenceItem> <referenceItem role="section"><designator>1435.</designator> <label>Implied warranties of quality.</label></referenceItem> <referenceItem role="article"><designator>Article F—</designator><label>Sale by Sample</label></referenceItem> <referenceItem role="section"><designator>1436.</designator> <label>Implied warranties in sale by sample.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">transfer of property and title</inline></label></referenceItem> <referenceItem role="article"><designator>Article A—</designator><label>Transfer of Property as Between Seller and Buyer</label></referenceItem> <referenceItem role="section"><designator>1441.</designator> <label>No property passes until goods are ascertained.</label></referenceItem> <referenceItem role="section"><designator>1442.</designator> <label>Property in specific goods passes when parties so intend.</label></referenceItem> <referenceItem role="section"><designator>1443.</designator> <label>Rules for ascertaining intention.</label></referenceItem> <referenceItem role="section"><designator>1444.</designator> <label>Reservation of right of possession or property when goods are shipped.</label></referenceItem> <referenceItem role="section"><designator>1445.</designator> <label>Sale by auction.</label></referenceItem> <referenceItem role="section"><designator>1446.</designator> <label>Risk of loss.</label></referenceItem> <page identifier="/us/stat/76a/127">127</page> <referenceItem role="article"><designator>Article B—</designator><label>Transfer of Title</label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1447.</designator> <label>Sale by a person not the owner.</label></referenceItem> <referenceItem role="section"><designator>1448.</designator> <label>Sale by one having a voidable title.</label></referenceItem> <referenceItem role="section"><designator>1449.</designator> <label>Sale by seller in possession of goods already sold.</label></referenceItem> <referenceItem role="section"><designator>1450.</designator> <label>Creditors’ rights against sold goods in seller’s possession.</label></referenceItem> <referenceItem role="section"><designator>1451.</designator> <label>Definition of negotiable documents of title.</label></referenceItem> <referenceItem role="section"><designator>1452.</designator> <label>Negotiation of negotiable documents by delivery.</label></referenceItem> <referenceItem role="section"><designator>1453.</designator> <label>Negotiation of negotiable documents by indorsement.</label></referenceItem> <referenceItem role="section"><designator>1454.</designator> <label>Negotiable documents of title marked “not negotiable”.</label></referenceItem> <referenceItem role="section"><designator>1455.</designator> <label>Transfer of nonnegotiable documents.</label></referenceItem> <referenceItem role="section"><designator>1456.</designator> <label>Who may negotiate a document.</label></referenceItem> <referenceItem role="section"><designator>1457.</designator> <label>Rights of person to whom document has been negotiated.</label></referenceItem> <referenceItem role="section"><designator>1458.</designator> <label>Rights of person to whom document has been transferred.</label></referenceItem> <referenceItem role="section"><designator>1459.</designator> <label>Transfer of negotiable document without indorsement.</label></referenceItem> <referenceItem role="section"><designator>1460.</designator> <label>Warranties on sale of document.</label></referenceItem> <referenceItem role="section"><designator>1461.</designator> <label>Indorser not a guarantor.</label></referenceItem> <referenceItem role="section"><designator>1462.</designator> <label>When negotiation not impaired by fraud, mistake, or duress.</label></referenceItem> <referenceItem role="section"><designator>1463.</designator> <label>Attachment or levy upon goods for which a negotiable document has been issued.</label></referenceItem> <referenceItem role="section"><designator>1464.</designator> <label>Creditors’ remedies to reach negotiable documents.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">performance of the contract</inline></label></referenceItem> <referenceItem role="section"><designator>1471.</designator> <label>Seller must deliver and buyer accept goods.</label></referenceItem> <referenceItem role="section"><designator>1472.</designator> <label>Delivery and payment are concurrent conditions.</label></referenceItem> <referenceItem role="section"><designator>1473.</designator> <label>Place, time, and manner of delivery.</label></referenceItem> <referenceItem role="section"><designator>1474.</designator> <label>Delivery of wrong quantity.</label></referenceItem> <referenceItem role="section"><designator>1475.</designator> <label>Delivery in installments.</label></referenceItem> <referenceItem role="section"><designator>1476.</designator> <label>Delivery to a carrier on behalf of the buyer.</label></referenceItem> <referenceItem role="section"><designator>1477.</designator> <label>Right to examine the goods.</label></referenceItem> <referenceItem role="section"><designator>1478.</designator> <label>What constitutes acceptance.</label></referenceItem> <referenceItem role="section"><designator>1479.</designator> <label>Acceptance does not bar action for damages.</label></referenceItem> <referenceItem role="section"><designator>1480.</designator> <label>Buyer is not bound to return goods wrongly delivered.</label></referenceItem> <referenceItem role="section"><designator>1481.</designator> <label>Buyer’s liability for falling to accept delivery.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">rights of unpaid seller</inline></label></referenceItem> <referenceItem role="article"><designator>Article A—</designator><label>Rights of Unpaid Seller Against the Goods</label></referenceItem> <referenceItem role="section"><designator>1491.</designator> <label>Definition of unpaid seller.</label></referenceItem> <referenceItem role="section"><designator>1492.</designator> <label>Remedies of an unpaid seller.</label></referenceItem> <referenceItem role="article"><designator>Article B—</designator><label>Unpaid Seller’s Lien</label></referenceItem> <referenceItem role="section"><designator>1493.</designator> <label>When right of lien may be exercised.</label></referenceItem> <referenceItem role="section"><designator>1494.</designator> <label>Lien after part delivery.</label></referenceItem> <referenceItem role="section"><designator>1495.</designator> <label>When lien is lost.</label></referenceItem> <referenceItem role="article"><designator>Article C—</designator><label>Stoppage in Transitu</label></referenceItem> <referenceItem role="section"><designator>1496.</designator> <label>Seller may stop goods on buyer’s insolvency.</label></referenceItem> <referenceItem role="section"><designator>1497.</designator> <label>When goods are in transit.</label></referenceItem> <referenceItem role="section"><designator>1498.</designator> <label>Ways of exercising the right to stop.</label></referenceItem> <referenceItem role="article"><designator>Article D—</designator><label>Resale by the Seller</label></referenceItem> <referenceItem role="section"><designator>1499.</designator> <label>When and how resale may be made.</label></referenceItem> <referenceItem role="article"><designator>Article E—</designator><label>Rescission by the Seller</label></referenceItem> <referenceItem role="section"><designator>1500.</designator> <label>When and how the seller may rescind the sale.</label></referenceItem> <referenceItem role="section"><designator>1501.</designator> <label>Effect of sale of goods subject to lien or stoppage in transitu.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">action for breach of contract</inline></label></referenceItem> <referenceItem role="article"><designator>Article A—</designator><label>Remedies of the Seller</label></referenceItem> <referenceItem role="section"><designator>1511.</designator> <label>Action for the price.</label></referenceItem> <referenceItem role="section"><designator>1512.</designator> <label>Action for damages for nonacceptance of goods.</label></referenceItem> <referenceItem role="section"><designator>1513.</designator> <label>When seller may rescind contract or sale.</label></referenceItem> <referenceItem role="article"><designator>Article B—</designator><label>Remedies of the Buyer</label></referenceItem> <referenceItem role="section"><designator>1514.</designator> <label>Action for converting or detaining goods.</label></referenceItem> <referenceItem role="section"><designator>1515.</designator> <label>Action for failing to deliver goods.</label></referenceItem> <referenceItem role="section"><designator>1516.</designator> <label>Specific performance.</label></referenceItem> <referenceItem role="section"><designator>1517.</designator> <label>Remedies for breach of warranty.</label></referenceItem> <referenceItem role="section"><designator>1518.</designator> <label>Interest and special damages.</label></referenceItem> <page identifier="/us/stat/76a/128">128</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vi</inline>—</designator><label><inline class="smallCaps">interpretation</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1531.</designator> <label>Variation of implied obligations.</label></referenceItem> <referenceItem role="section"><designator>1532.</designator> <label>Rights may be enforced by action.</label></referenceItem> <referenceItem role="section"><designator>1533.</designator> <label>Rules for cases not provided for by this chapter.</label></referenceItem> <referenceItem role="section"><designator>1534.</designator> <label>Interpretation shall give effect to purpose of uniformity.</label></referenceItem> <referenceItem role="section"><designator>1535.</designator> <label>Provisions not applicable to mortgages.</label></referenceItem> <referenceItem role="section"><designator>1536.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>1537.</designator> <label>Chapter not to affect warehouse laws.</label></referenceItem> <referenceItem role="section"><designator>1538.</designator> <label>Short title.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">The Contract</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">Formation of the Contract</heading> <section> <num value="1421">§ 1421. </num> <heading>Contracts to sell and sales</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A contract to sell goods is a contract whereby the seller agrees to transfer the property in goods to the buyer for a consideration called the price.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A sale of goods is an agreement whereby the seller transfers the property in goods to the buyer for a consideration called the price.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>A contract to sell or a sale may be absolute or conditional.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>There may be a contract to sell or a sale between one part owner and another.</content> </subsection> </section> <section> <num value="1422">§ 1422. </num> <heading>Capacity; liability for necessaries</heading> <content> <p class="indent0 firstIndent1 fontsize10">Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property.</p> <p class="indent0 firstIndent1 fontsize10">Where necessaries are sold and delivered to an infant, or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price therefor.</p> <p class="indent0 firstIndent1 fontsize10">Necessaries in this section mean goods suitable to the condition in life of such infant or other person, and to his actual requirements at the time of delivery.</p> </content> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Formalities of the Contract</heading> <section> <num value="1423">§ 1423. </num> <heading>Form of contract or sale</heading> <content>Subject to the provisions of this chapter and of any statute in that behalf, a contract to sell or a sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be inferred from the conduct of the parties.</content> </section> <section> <num value="1424">§ 1424. </num> <heading>Statute of frauds</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A contract to sell or a sale of any goods or choses in action of the value of $500 or upwards shall not be enforceable by action unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The provisions of this section apply to every such contract or sale, notwithstanding that the goods may be intended to be delivered at some future time or may not at the time of such contract or sale be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery; but if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller’s business, the provisions of this section shall not apply.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, <page identifier="/us/stat/76a/129">129</page> expresses by words or conduct his assent to becoming the owner of those specific goods.</content> </subsection> </section> </article> <article> <num class="bold" value="C">Article C—</num><heading class="bold">Subject Matter of Contract</heading> <section> <num value="1425">§ 1425. </num> <heading>Existing and future goods</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The goods which form the subject of a contract to sell may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of the contract to sell, in this chapter called “future goods.”</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>There may be a contract to sell goods, the acquisition of which by the seller depends upon a contingency which may or may not happen.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Where the parties purport to effect a present sale of future goods, the agreement operates as a contract to sell the goods.</content> </subsection> </section> <section> <num value="1426">§ 1426. </num> <heading>Undivided shares</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>There may be a contract to sell or a sale of an undivided share of goods. If the parties intend to effect a present sale, the buyer, by force of the agreement, becomes an owner in common with the owner or owners of the remaining shares.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>In the case of fungible goods, there may be a sale of an undivided share of a specific mass, though the seller purports to sell and the buyer to buy a definite number, weight or measure of the goods in the mass, and though the number, weight or measure of the goods in the mass is undetermined. By such a sale the buyer becomes owner in common of such a share of the mass as the number, weight, or measure bought bears to the number, weight, or measure of the mass. If the mass contains less than the number, weight, or measure bought, the buyer becomes the owner of the whole mass and the seller is bound to make good the deficiency from similar goods unless a contrary intent appears.</content> </subsection> </section> <section> <num value="1427">§ 1427. </num> <heading>Destruction of goods sold</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where the parties purport to sell specific goods, and the goods without the knowledge of the seller have wholly perished at the time when the agreement is made, the agreement is void.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>Where the parties purport to sell specific goods, and the goods without the knowledge of the seller have perished in part or have wholly or in a material part so deteriorated in quality as to be substantially changed in character, the buyer may at his option treat the sale:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>as avoided; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>as transferring the property in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the full agreed price if the sale was indivisible, or to pay the agreed price for the goods in which the property passes if the sale was divisible.</content> </paragraph> </subsection> </section> <section> <num value="1428">§ 1428. </num> <heading>Destruction of goods contracted to be sold</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where there is a contract to sell specific goods, and subsequently, but before the risk passes to the buyer, without any fault on the part of the seller or the buyer, the goods wholly perish, the contract is thereby avoided.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>Where there is a contract to sell specific goods, and subsequently, but before the risk passes to the buyer, without any fault of the seller or the buyer, part of the goods perish or the whole or a material part of the goods so deteriorate in quality as to be substan-<page identifier="/us/stat/76a/130">130</page>tially changed in character, the buyer may at his option treat the contract:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>as avoided; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>as binding the seller to transfer the property in all of the existing goods, or in so much thereof as have not deteriorated, and as binding the buyer to pay the full agreed price if the contract was indivisible, or to pay the agreed price for so much of the goods as the seller, by the buyers option, is bound to transfer if the contract was divisible.</content> </paragraph> </subsection> </section> </article> <article> <num class="bold" value="D">Article D—</num><heading class="bold">The Price</heading> <section> <num value="1429">§ 1429. </num> <heading>Definition and ascertainment of price</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The price may be fixed by the contract, or may be left to be fixed in such manner as may be agreed, or it may be determined by the course of dealing between the parties.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The price may be made payable in any personal property.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Where transferring or promising to transfer any interest in real estate constitutes the whole or part of the consideration for transferring or for promising to transfer the property in goods, this chapter shall not apply.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Where the price is not determined in accordance with the foregoing provisions the buyer must pay a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case.</content> </subsection> </section> <section> <num value="1430">§ 1430. </num> <heading>Sale at a valuation</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where there is a contract to sell or a sale of goods at a price or on terms to be fixed by a third person, and such third person without fault of the seller or the buyer, cannot or does not fix the price or terms, the contract or the sale is thereby avoided; but if the goods or any part thereof have been delivered to and appropriated by the buyer he must pay a reasonable price therefor.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Where such third person is prevented from fixing the price or terms by fault of the seller or the buyer, the party not in fault may have such remedies against the party in fault as are allowed by subchapters IV and V of this chapter.</content> </subsection> </section> </article> <article> <num class="bold" value="E">Article E—</num><heading class="bold">Conditions and Warranties</heading> <section> <num value="1431">§ 1431. </num> <heading>Effect of conditions</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where the obligation of either party to a contract to sell or a sale is subject to any condition which is not performed, such party may refuse to proceed with the contract or sale or he may waive performance of the condition. If the other party has promised that the condition should happen or be performed, such first mentioned party may also treat the nonperformance of the condition as a breach of warranty.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Where the property in the goods has not passed, the buyer may treat the fulfillment by the seller of his obligation to furnish goods as described and as warranted expressly or by implication in the contract to sell as a condition of the obligation of the buyer to perform his promise to accept and pay for the goods.</content> </subsection> </section> <section> <num value="1432">§ 1432. </num> <heading>Definition of express warranty</heading> <content>Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement. purporting to be a statement of the seller’s opinion only shall be construed as a warranty.</content> </section> <page identifier="/us/stat/76a/131">131</page> <section> <num value="1433">§ 1433. </num> <heading>Implied warranties of title</heading> <chapeau>In a contract to sell or a sale, unless contrary intention appears, there is:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an implied warranty on the part of the seller that in case of a sale he has a right to sell the goods, and that in case of a contract to sell he will have a right to sell the goods at the time when the property is to pass;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>an implied warranty that the buyer shall have and enjoy quiet possession of the goods as against any lawful claims existing at the time of the sale;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>an implied warranty that the goods shall be free at the time of the sale from any charge or encumbrance in favor of any third person, not declared or known to the buyer before or at the time when the contract or sale is made.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">This section does not, however, render liable a marshal, auctioneer, mortgagee, or other person professing to sell by virtue of authority in fact or law goods in which a third person has a legal or equitable interest.</continuation> </section> <section> <num value="1434">§ 1434. </num> <heading>Implied warranty in sale by description</heading> <content>Where there is a contract to sell or a sale of goods by description, there is an implied warranty that the goods shall correspond with the description and if the contract or sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.</content> </section> <section> <num value="1435">§ 1435. </num> <heading>Implied warranties of quality</heading> <chapeau>Subject to the provisions of this chapter and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purposes of goods supplied under a contract to sell or a sale, except as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller’s skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where the goods are bought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable quality;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the buyer has examined the goods, there is no implied warranty as regards defects which such examination ought to have revealed;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>in the case of a contract to sell or a sale of a specified article under its patent or other trade name, there is no implied warranty as to its fitness for any particular purpose;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>an implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>an express warranty or condition does not negative a warranty or condition implied under this chapter unless inconsistent therewith.</content> </paragraph> </section> </article> <article> <num class="bold" value="F">Article F—</num><heading class="bold">Sale by Sample</heading> <section> <num value="1436">§ 1436. </num> <heading>Implied warranties in sale by sample</heading> <chapeau>In the case of a contract to sell or a sale by sample:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>there is an implied warranty that the bulk shall correspond with the sample in quality;</content> </paragraph> <page identifier="/us/stat/76a/132">132</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>there is an implied warranty that the buyer shall have a reasonable opportunity of comparing the bulk with the sample, except so far as otherwise provided by section 1477(c) of this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.</content> </paragraph> </section> </article> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Transfer of Property and Title</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">Trainer of Property as Between Seller and Buyer</heading> <section> <num value="1441">§ 1441. </num> <heading>Property not to pass until goods are ascertained</heading> <content>Where there is a contract to sell unascertained goods, property in the goods is not transferred to the buyer unless and until the goods are ascertained, but property in an undivided share of ascertained goods may be transferred as provided by section 1426 of this title.</content> </section> <section> <num value="1442">§ 1442. </num> <heading>Property in specific goods passes when parties so intend</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where there is a contract to sell specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>For the purpose of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties, usages of trade, and the circumstances of the case.</content> </subsection> </section> <section> <num value="1443">§ 1443. </num> <heading>Rules for ascertaining intention</heading> <chapeau>Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer:</chapeau> <level class="firstIndent1 fontsize10"> <num value="1"><inline class="smallCaps">Rule</inline> 1. </num> <content>Where there is an unconditional contract to sell specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made and it is immaterial whether the time of payment, or the time of delivery, or both, be postponed.</content> </level> <level class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">Rule</inline> 2. </num> <content>Where there is a contract to sell specific goods and the seller is bound to do something to the goods, for the purpose of putting them into a deliverable state, the property does not pass until such thing be done.</content> </level> <level class="firstIndent1 fontsize10"> <num value="3"><inline class="smallCaps">Rule</inline> 3. </num><paragraph class="inline"><num value="1">(1) </num> <content>When goods are delivered to the buyer “on sale or return,” or on other terms indicating an intention to make a present sale, but to give the buyer an option to return the goods instead of paying the price, the property passes to the buyer on delivery, but he may revest the property in the seller by returning or tendering the goods within the time fixed in the contract, or, if no time has been fixed, within a reasonable time.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>When goods are delivered to the buyer on approval or on trial or on satisfaction, or other similar terms, the property therein passes to the buyer:</chapeau> <subparagraph class="indent1 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>when he signifies his approval or acceptance to the seller or does any other act adopting the transaction.</content> </subparagraph> <subparagraph class="indent1 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>if he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then if a time has been fixed for the return of the goods, on the expiration of such time and, if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.</content> </subparagraph> </paragraph> </level> <level class="firstIndent1 fontsize10"> <num value="4"><inline class="smallCaps">Rule</inline> 4. </num><paragraph class="inline"><num value="1">(1) </num> <content>Where there is a contract to sell unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, <page identifier="/us/stat/76a/133">133</page> either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Where, in pursuance of a contract to sell the seller delivers the goods to the buyer, or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to or holding for the buyer, he is presumed to ave unconditionally appropriated the goods to the contract, except in the cases provided for by the next rule and by section 1444 of this title. This presumption is applicable, although by the terms of the contract the buyer is to pay the price before receiving delivery of the goods and the goods are marked with the words “collect on delivery” or their equivalents.</content> </paragraph> </level> <level class="firstIndent1 fontsize10"> <num value="5"><inline class="smallCaps">Rule</inline> 5. </num> <content>If the contract to sell requires the seller to deliver the goods to the buyer, or at a particular place, or to pay the freight or cost of transportation to the buyer, or to a particular place, the property does not pass until the goods have been delivered to the buyer or reached the place agreed upon.</content> </level> </section> <section> <num value="1444">§ 1444. </num> <heading>Reservation of right of possession or property when goods are shipped</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where there is a contract to sell specific goods, or where goods ate subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of possession or property in the goods until certain conditions have been fulfilled. The right of possession or property may be thus reserved notwithstanding the delivery of the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Where goods are shipped, and by the bill of lading the goods are deliverable to the seller or his agent, or to the order of the seller or of his agent, the seller thereby reserves the property in the goods. But if, except for the form of the bill of lading the property would have passed to the buyer on shipment of the goods, the seller’s property in the goods shall be deemed to be only for the purpose of securing performance by the buyer of his obligations under the contract.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Where goods are shipped, and by the bill of lading the goods are deliverable to the order of the buyer or of his agent, but possession of the bill of lading is retained by the seller or his agent, the seller thereby reserves a right to the possession of the goods as against the buyer.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Where the seller of goods draws on the buyer for the price and transmits the bill of exchange and bill of lading together to the buyer to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honor the bill of exchange, and if he wrongfully retains the bill of lading he acquires no added right thereby. If, however, the bill of lading provides that the goods are deliverable to the buyer or to the order of the buyer, or is indorsed in blank, or to the buyer by the consignee named therein, one who purchases in good faith, for value, the bill of lading, or goods from the buyer will obtain the property in the goods, although the bill of exchange has not been honored provided that such purchaser has received delivery of the bill of lading indorsed by the consignee named therein, or of the goods, without notice of the facts making the transfer wrongful.</content> </subsection> </section> <section> <num value="1445">§ 1445. </num> <heading>Sale by auction</heading> <chapeau>In the case of a sale by auction:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Where goods are put up for sale by auction in lots, each lot is the subject of a separate contract of sale.</content> </paragraph> <page identifier="/us/stat/76a/134">134</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner. Until such announcement is made, any bidder may retract his bid; and the auctioneer may withdraw the goods from sale unless the auction has been announced to be without reserve.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>A right to bid may be reserved expressly by or on behalf of the seller.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Where notice has not been given that a sale by auction is subject to a right to bid in behalf of the seller, it shall not be lawful for the seller to bid himself or to employ or induce any person to bid at such sale on his behalf, or for the auctioneer to employ or induce any person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. Any sale contravening this rule may be treated as fraudulent by the buyer.</content> </paragraph> </section> <section> <num value="1446">§ 1446. </num> <heading>Risk of loss</heading> <chapeau>Unless otherwise agreed, the goods remain at the seller’s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the buyer’s risk whether delivery has been made or not, except that:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where delivery of goods has been made to the buyer, or to a bailee for the buyer, in pursuance of the contract and the property in the goods has been retained by the seller merely to secure performance by the buyer of his obligations under the contract, the goods are at the buyer’s risk from the time of such delivery;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault.</content> </paragraph> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Transfer of Title</heading> <section> <num value="1447">§ 1447. </num> <heading>Sale by a person not the owner</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Subject to the provisions of this chapter, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller’s authority to sell.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>Nothing in this chapter, however, shall affect:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the provisions of any factors’ acts, recording acts, or any enactment enabling the apparent owner of goods to dispose of them as if he were the true owner thereof; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the validity of any contract to sell or sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction.</content> </paragraph> </subsection> </section> <section> <num value="1448">§ 1448. </num> <heading>Sale by one having a voidable title</heading> <content>Where the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith, for value, and without notice of the seller’s defect of title.</content> </section> <section> <num value="1449">§ 1449. </num> <heading>Sale by seller in possession of goods already sold</heading> <content>Where a person having sold goods continues in possession of the goods, or of negotiable documents of title to the goods, the delivery or transfer by that person, or by an agent acting for him, of the goods or documents of title under any sale, pledge, or other disposition thereof, to any person receiving and paying value for the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.</content> </section> <page identifier="/us/stat/76a/135">135</page> <section> <num value="1450">§ 1450. </num> <heading>Creditors’ rights against sold goods in seller’s possession</heading> <content>Where a person having sold goods continues in possession of the goods, or of negotiable documents of title to the goods and such retention of possession is fraudulent in fact or is deemed fraudulent under any rule of law, a creditor or creditors of the seller may treat the sale as void.</content> </section> <section> <num value="1451">§ 1451. </num> <heading>Definition of negotiable documents of title</heading> <content>A document of title in which it is stated that the goods referred to therein will be delivered to the bearer, or to the order of any person named in such document is a negotiable document of title.</content> </section> <section> <num value="1452">§ 1452. </num> <heading>Negotiation of negotiable documents by delivery</heading> <chapeau>A negotiable document of title may be negotiated by delivery:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where, by the terms of the document, the carrier, warehouseman, or other bailee issuing the same undertakes to deliver the goods to the bearer; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where, by the terms of the document, the carrier, warehouseman, or other bailee issuing the same undertakes to deliver the goods to the order of a specified person, and such person or a subsequent indorsee of the document has indorsed it in blank or to the bearer.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">Where, by the terms of a negotiable document of title, the goods are deliverable to bearer or where a negotiable document of title has been indorsed in blank or to bearer, any holder may indorse the same to himself or to any other specified person, and in such case the document shall thereafter be negotiated only by the indorsement of such indorsee.</continuation> </section> <section> <num value="1453">§ 1453. </num> <heading>Negotiation of negotiable documents by indorsement</heading> <content>A negotiable document of title may be negotiated by the indorsement of the person to whose order the goods are by the terms of the document deliverable. Such indorsement may be in blank, to bearer or to a specified person. If indorsed to a specified person, it may be again negotiated by the indorsement of such person in blank, to bearer or to another specified person. Subsequent negotiations may be made in like manner.</content> </section> <section> <num value="1454">§ 1454. </num> <heading>Negotiable documents of title marked “not negotiable”</heading> <content>If a document of title which contains an undertaking by a carrier, warehouseman, or other bailee to deliver the goods to the bearer, to a specified person or order, or to the order of a specified person, or which contains words of like import, has placed upon it the words “not negotiable”, “nonnegotiable”, or the like, such a document may nevertheless be negotiated by the holder and is a negotiable document of title within the meaning of this chapter. But this chapter does not limit or define the effect upon the obligations of the carrier, warehouseman, or other bailee issuing a document of title, of placing thereon the words “not negotiable”, “nonnegotiable”, or the like.</content> </section> <section> <num value="1455">§ 1455. </num> <heading>Transfer of nonnegotiable documents</heading> <content>A document of title which is not in such form that it can be negotiated by delivery may be transferred by the holder by delivery to a purchaser or donee. A nonnegotiable document cannot be negotiated, and the indorsement of such a document gives the transferee no additional right.</content> </section> <section> <num value="1456">§ 1456. </num> <heading>Who may negotiate a document</heading> <chapeau>A negotiable document of title may be negotiated:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by the owner thereof; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by any person to whom the possession or custody of the document has been entrusted by the owner, if, by the terms of the <page identifier="/us/stat/76a/136">136</page> document the bailee issuing the document undertakes to deliver the goods to the order of the person to whom the possession or custody of the document has been entrusted, or if at the time of such entrusting the document is in such form that it may be negotiated by delivery.</content> </paragraph> </section> <section> <num value="1457">§ 1457. </num> <heading>Rights of person to whom document has been negotiated</heading> <chapeau>A person to whom a negotiable document of title has been duly negotiated acquires thereby:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>such title to the goods as the person negotiating the document to him had or had ability to convey to a purchaser in good faith for value and also such title to the goods as the person to whose order the goods were to be delivered by the terms of the document had or had ability to convey to a purchaser in good faith for value; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the direct obligations of the bailee issuing the document to hold possession of the goods for him according to the terms of the document as fully as if such bailee had contracted directly with him.</content> </paragraph> </section> <section> <num value="1458">§ 1458. </num> <heading>Rights of person to whom document has been transferred</heading> <content> <p class="indent0 firstIndent1 fontsize10">A person to whom a document of title has been transferred, but not negotiated, acquires thereby, as against the transferor, the title to the goods, subject to the terms of any agreement with the transferor.</p> <p class="indent0 firstIndent1 fontsize10">If the document is nonnegotiable, such person also acquires the right to notify the bailee who issued the document of the transfer thereof, and thereby to acquire the direct obligation of such bailee to hold possession of the goods for him according to the terms of the document.</p> <p class="indent0 firstIndent1 fontsize10">Prior to the notification of such bailee by the transferor or transferee of a nonnegotiable document of title, the title of the transferee to the goods and the right to acquire the obligation of such bailee may be defeated by the levy of an attachment or execution upon the by a creditor of the transferor, or by a notification to such bailee by the transferor or a subsequent purchaser from the transferor of a subsequent sale of the goods by the transferor.</p> </content> </section> <section> <num value="1459">§ 1459. </num> <heading>Transfer of negotiable document without indorsement</heading> <content>Where a negotiable document of title is transferred for value by delivery, and the indorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to indorse the document unless a contrary intention appears. The negotiation shall take effect as of the time when the indorsement is actually made.</content> </section> <section> <num value="1460">§ 1460. </num> <heading>Warranties on sale of document</heading> <chapeau>A person who for value negotiates or transfers a document of title by indorsement or delivery, including one who assigns for value a claim secured by a document of title unless a contrary intention appears, warrants:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>that the document is genuine;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that he has a legal right to negotiate or transfer it;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that he has knowledge of no fact which would impair the validity or worth of the document; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>that he has a right to transfer the title to the goods and that the goods are merchantable or fit for a particular purpose, whenever such warranties would have been implied if the contract of the parties had been to transfer without a document of title the goods represented thereby.</content> </paragraph> </section> <page identifier="/us/stat/76a/137">137</page> <section> <num value="1461">§ 1461. </num> <heading>Indorser not a guarantor</heading> <content>The indorsement of a document of title shall not make the indorser liable for any failure on the part of the bailee who issued the document or previous indorsers thereof to fulfill their respective obligations.</content> </section> <section> <num value="1462">§ 1462. </num> <heading>When negotiation not impaired by fraud, mistake, or duress</heading> <content>The validity of the negotiation cf a negotiable document of title is not impaired by the fact that the negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the document was deprived of the possession of the same by loss, theft, fraud, accident, mistake, duress, or conversion, if the person to whom the document was negotiated or a person to whom the document was subsequently negotiated paid value therefor in good faith without notice of the breach of duty, or loss, theft, fraud, accident, mistake, duress or conversion.</content> </section> <section> <num value="1463">§ 1463. </num> <heading>Attachment or levy upon goods for which a negotiable document has been issued</heading> <content>If goods are delivered to a bailee by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for value would bind the owner and a negotiable document of title is issued for them they cannot thereafter, while in the possession of such bailee, be attached by garnishment or otherwise be levied upon under an execution unless the document be first surrendered to the bailee or its negotiation enjoined. The bailee may not be compelled to deliver up the actual possession of the goods until the document is surrendered to him or impounded by the court.</content> </section> <section> <num value="1464">§ 1464. </num> <heading>Creditors’ remedies to reach negotiable documents</heading> <content>A creditor whose debtor is the owner of a negotiable document of title shall be entitled to such aid from courts of appropriate jurisdiction by injunction and otherwise in attaching such document or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property which cannot be readily attached or levied upon by ordinary legal process.</content> </section> </article> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Performance of the Contract</heading> <section> <num value="1471">§ 1471. </num> <heading>Seller must deliver and buyer accept goods</heading> <content>It is the duty of the seller to deliver the goods, and of the buyer to accept and pay for them, in accordance with the terms of the contract to sell or sale.</content> </section> <section> <num value="1472">§ 1472. </num> <heading>Delivery and payment are concurrent conditions</heading> <content>Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions; that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.</content> </section> <section> <num value="1473">§ 1473. </num> <heading>Place, time, and manner of delivery</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied between the parties. Apart from any such contract, express or implied, or usage of trade to the contrary, the place of delivery is the seller’s place of business if he have one, and if not his residence; but in case of a contract to sell or a sale of specific goods, which to the knowledge of the parties when the contract or the sale was made were in some other place, then that place is the place of delivery.</content> </subsection> <page identifier="/us/stat/76a/138">138</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Where by a contract to sell or a sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Where the goods at the time of sale are in the possession of a third person, the seller has not fulfilled his obligation to deliver to the buyer unless and until such third person acknowledges to the buyer that he holds the goods on the buyer’s behalf; but as against all others than the seller the buyer shall be regarded as having received delivery from the time when such third person first has notice of the sale. This section, however, does not affect the operation of the issue nor transfer of any document of title to goods.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller.</content> </subsection> </section> <section> <num value="1474">§ 1474. </num> <heading>Delivery of wrong quantity</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts or retains the goods so delivered, knowing that the seller is not going to perform the contract in full, he must pay for them at the contract rate. If, however, the buyer has used or disposed of the goods delivered before he knows that the seller is not going to perform his contract in full, the buyer shall not be liable for more than the fair value to him of the goods so received.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The provisions of this section are subject to any usage of trade, special agreement, or course of dealing between the parties.</content> </subsection> </section> <section> <num value="1475">§ 1475. </num> <heading>Delivery in installments</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by installments.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Where there is a contract to sell goods to be delivered by stated installments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more installments, or the buyer neglects or refuses to take delivery of or pay for one or more installments, it depends in each case on the terms of the contract and the circumstances of the case whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract, or whether the breach is severable, giving rise to a claim for compensation, but not to a right to treat the whole contract as broken.</content> </subsection> </section> <section> <num value="1476">§ 1476. </num> <heading>Delivery to a carrier on behalf of the buyer</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where, in pursuance of a contract to sell or a sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is deemed to be a delivery of the goods to the buyer, except in the cases provided for in section 1443, rule 5, of this title, or unless a contrary intent appears.</content> </subsection> <page identifier="/us/stat/76a/139">139</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case. If the seller omit so to do, and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself, or may hold the seller responsible in damages.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Unless otherwise agreed, where goods are sent by the seller to the buyer under circumstances in which the seller knows or ought to know that it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their transit, and, if the seller fails to do so, the goods shall be deemed to be at his risk during such transit.</content> </subsection> </section> <section> <num value="1477">§ 1477. </num> <heading>Right to examine the goods</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity to examine them for the purpose of ascertaining whether they are in conformity with the contract.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a seasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Where goods are delivered to a carrier by the seller, in accordance with an order from or agreement with the buyer, upon the terms that the goods shall not be delivered by the carrier to the buyer until he has paid the price, whether such terms are indicated by marking the goods with the words “collect on delivery,” or otherwise, the buyer is not entitled to examine the goods before payment of the price in the absence of agreement permitting such examination.</content> </subsection> </section> <section> <num value="1478">§ 1478. </num> <heading>What constitutes acceptance</heading> <content>The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them.</content> </section> <section> <num value="1479">§ 1479. </num> <heading>Acceptance does not bar action for damages</heading> <content>In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale. But, if, after acceptance of the goals, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time after the buyer knows, or ought to know, of such breach, the seller shall not be liable therefor.</content> </section> <section> <num value="1480">§ 1480. </num> <heading>Buyer is not bound to return goods wrongly delivered</heading> <content>Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he notifies the seller that he refuses to accept them.</content> </section> <section> <num value="1481">§ 1481. </num> <heading>Buyer’s liability for failing to accept delivery</heading> <content>When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take <page identifier="/us/stat/76a/140">140</page> delivery, and also for a reasonable charge for the care and custody of the goods. If the neglect or refusal of the buyer to take delivery amounts to a repudiation or breach of the entire contract, the seller shall have the rights against the goods and on the contract hereinafter provided in favor of the seller when the buyer is in default.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Rights of Unpaid Seller</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">Rights of Unpaid Seller Against the Goods</heading> <section> <num value="1491">§ 1491. </num> <heading>Definition of unpaid seller</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The seller of goods is deemed to be an unpaid seller within the meaning of this chapter:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>when the whole of the price has not been paid or tendered;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has been broken by reason of the dishonor of the instrument, the insolvency of the buyer, or otherwise.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>In this subchapter the term “seller” includes an agent of the agent who has himself paid, or is directly responsible for, the price, or any other person who is in the position of a seller.</content> </subsection> </section> <section> <num value="1492">§ 1492. </num> <heading>Remedies of an unpaid seller</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Subject to the provisions of this chapter, the unpaid seller of the property in the goods may have passed to the buyer, the unpaid seller to whom the bill of lading has been indorsed, or a consignor or seller of the goods, as such, has:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a lien on the goods or right to retain them for the price while he is in possession of them;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in case of the insolvency of the buyer, a right of stopping the goods in transitu after he has parted with the possession of them;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a right of resale as limited by this chapter;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a right to rescind the sale as limited by this chapter.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and coextensive with his rights of lien and stoppage in transitu where the property has passed to the buyer.</content> </subsection> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Unpaid Seller’s Lien</heading> <section> <num value="1493">§ 1493. </num> <heading>When right of lien may be exercised</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Subject to the provisions of this chapter, notwithstanding that goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where the goods have been sold without any stipulation as to credit;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where the goods have been sold on credit, but the term of credit has expired;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>where the buyer becomes insolvent.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee for the buyer.</content> </subsection> </section> <section> <num value="1494">§ 1494. </num> <heading>Lien after part delivery</heading> <content>Where an unpaid seller has made part delivery of the goods, he may exercise his right of lien on the remainder, unless such part delivery has been made under such circumstances as to show an intent to waive the lien or right of retention.</content> </section> <page identifier="/us/stat/76a/141">141</page> <section> <num value="1495">§ 1495. </num> <heading>When lien is lost</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The unpaid seller of goods loses his lien thereon:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>when he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the property in the goods or the right to the possession thereof;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when the buyer or his agent lawfully obtains possession of the goods;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by waiver thereof.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The unpaid seller of goods, having a lien thereon, does not lose his lien by reason only that he has obtained judgment or decree for the price of the goods.</content> </subsection> </section> </article> <article> <num class="bold" value="C">Article C—</num><heading class="bold">Stoppage in Transitu</heading> <section> <num value="1496">§ 1496. </num> <heading>Seller may stop goods on buyer’s insolvency</heading> <content>Subject to the provisions of this chapter, when the buyer of goods is or becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods at any time while they are in transit, and he will then become entitled to the same rights in regard to the goods as he would have had if he had never parted with the possession.</content> </section> <section> <num value="1497">§ 1497. </num> <heading>When goods are in transit</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Goods are in transit within the meaning of section 1496 of this title:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>from the time when they are delivered to a carrier by land or water, or other bailee for the purpose of transmission to the buyer, until the buyer, or his agent in that behalf, takes delivery of them from such carrier or other bailee;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if the goods are rejected by the buyer, and the carrier or other bailee continues in possession of them, even if the seller has refused to receive them back.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>Goods are no longer in transit within the meaning of section 1496 of this title:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the buyer, or his agent in that behalf, obtains delivery of the goods before their arrival at the appointed destination;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent; and it is immaterial that a further destination for the goods may have been indicated by the buyer;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If the goods are delivered to a ship chartered by the buyer, it is a question depending on the circumstances of the particular case whether they are in the possession of the master as a carrier or as agent of the buyer.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>If part delivery of the goods has been made to the buyer, or his agent in that behalf, the remainder of the goods may be stopped in transitu, unless such part delivery has been made under such circumstances as to show an agreement with the buyer to give up possession of the whole of the goods.</content> </subsection> </section> <section> <num value="1498">§ 1498. </num> <heading>Ways of exercising the right to stop</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The unpaid seller may exercise his right of stoppage in transitu tither by obtaining actual possession of the goods or by giving notice of his claim to the carrier or other bailee in whose possession the goods are. The notice may be given either to the person in actual possession <page identifier="/us/stat/76a/142">142</page> of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may prevent a delivery to the buyer.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>When notice of stoppage in transitu is given by the seller to the carrier, or other bailee in possession of the goods he must redeliver the goods to, or according to the directions of, the seller. The expenses of the delivery must be borne by the seller. If, however, a negotiable document of title representing the goods has been issued by the currier or other bailee, he is not obliged to deliver or justified in delivering the goods to the seller unless the document is first surrendered for cancellation.</content> </subsection> </section> </article> <article> <num class="bold" value="D">Article D—</num><heading class="bold">Resale by the Seller</heading> <section> <num value="1499">§ 1499. </num> <heading>When and how resale may be made</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where the goods are of a perishable nature, or where the seller expressly reserves the right of resale in case the buyer should make default, or where the buyer has been in default in the payment of the price an unreasonable time, an unpaid seller having a right of lien or having stopped the goods in transit may resell the goods. He shall not thereafter be liable to the original buyer upon the contract to sell or the sale or for any profit made by the resale, but may recover from the buyer damages for any loss occasioned by the breach of the contract or the sale.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Where a resale is made, as authorized by this section, the buyer acquires a good title as against the original buyer.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>It is not essential to the validity of a resale that notice of an intention to resell the goods be given by the seller to the original buyer. But where the right to resell is not based on the perishable nature of the goods or upon an express provision of the contract or the sale, the giving or failure to give that notice is relevant in any issue involving the question whether the buyer had been in default an unreasonable time before the resale was made.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>It is not essential to the validity of a resale that notice of the time and place of the resale be given by the seller to the original buyer.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>The seller is bound to exercise reasonable care and judgment in making a resale, and subject to this requirement may make a resale either by public or private sale.</content> </subsection> </section> </article> <article> <num class="bold" value="E">Article E—</num><heading class="bold">Rescission by the Seller</heading> <section> <num value="1500">§ 1500. </num> <heading>When and how the seller may rescind the sale</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>An unpaid seller having a right of lien or having stopped the goods in transitu, may rescind the transfer of title and resume the property in the goods, where he expressly reserved the right to do so in case the buyer should make default, or where the buyer has been in default in the payment of the price an unreasonable time. The seller shall not thereafter be liable to the buyer upon the contract to sell or the sale, but may recover from the buyer damages for any loss occasioned by the breach of the contract or the sale.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The transfer of title shall not be field to have been rescinded by an unpaid seller until he has manifested by notice to the buyer or by some other overt act an intention to rescind. It is not necessary that such overt act should be communicated to the buyer but the giving or failure to give notice to the buyer of the intention to rescind shall be relevant in any issue involving the question whether the buyer has been in default an unreasonable time before the right of rescission was asserted.</content> </subsection> </section> <page identifier="/us/stat/76a/143">143</page> <section> <num value="1501">§ 1501. </num> <heading>Effect of sale of goods subject to lien or stoppage in transitu</heading> <content> <p class="indent0 firstIndent1 fontsize10">Subject to the provisions of this chapter, the unpaid seller’s right of lien or stoppage in transitu is not affected by any sale, or other disposition of the goods which the buyer may have made, unless the seller has assented thereto.</p> <p class="indent0 firstIndent1 fontsize10">If, however, a negotiable document of title has been issued for goods, no seller’s lien or right of stoppage in transitu shall defeat the right of any purchaser for value in good faith to whom such document has been negotiated, whether such negotiation be prior or subsequent to the notification to the carrier, or other bailee who issued such document, of the seller’s claim to a lien or right of stoppage in transitu.</p> </content> </section> </article> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Action for Breach of Contract</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">Remedies of the Seller</heading> <section> <num value="1511">§ 1511. </num> <heading>Action for the price</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where, under a contract to sell or a sale, the property in the goods has passed to the buyer, and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract or the sale, the seller may maintain an action against him for the price of the goods.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Where, under a contract to sell or a sale, the price is payable on a day certain, irrespective of delivery or of transfer of title, and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed, and the goods have not been appropriated to the contract. But it shall be a defense to such an action that the seller at any time before judgment in such action has manifested an inability to perform the contract or the sale on his part or an intention not to perform it.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Although the property in the goods has not passed, if they can not readily be resold for a reasonable price, and if section 1512(d) of this title is not applicable, the seller may offer to deliver the goods to the buyer, and if the buyer refuses to receive them, may notify the buyer that the goods are thereafter held by the seller as bailee for the buyer. Thereafter the seller may treat the goods as the buyer’s and may maintain an action for the price.</content> </subsection> </section> <section> <num value="1512">§ 1512. </num> <heading>Action for damages for nonacceptance of goods</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for nonacceptance.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer’s breach of contract.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances showing proximate damage of a greater amount, the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>If, while labor or expense of material amount are necessary on the part of the seller to enable him to fulfill his obligations under the contract to sell or the sale, the buyer repudiates the contract or the sale, or notifies the seller to proceed no further therewith, the buyer shall be liable to the seller for no greater damages than the seller would have suffered if he did nothing toward carrying out the contract or the sale after receiving notice of the buyer’s repudiation <page identifier="/us/stat/76a/144">144</page> or countermand. The profit the seller would have made if the contract or the sale had been fully performed shall be considered in estimating such damages.</content> </subsection> </section> <section> <num value="1513">§ 1513. </num> <heading>When seller may rescind contract or sale</heading> <content>Where the goods have not been delivered to the buyer, and the buyer has repudiated the contract to sell or sale, or has manifested his inability to perform his obligations thereunder, or has committed a material breach thereof, the seller may totally rescind the contract or the sale by giving notice of his election so to do to the buyer.</content> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Remedies of the Buyer</heading> <section> <num value="1514">§ 1514. </num> <heading>Action for converting or detaining goods</heading> <content>Where the property in the goods has passed to the buyer and the seller wrongfully neglects or refuses to deliver the goods, the buyer may maintain any action allowed by law to the owner of goods of similar kind when wrongfully converted or withheld.</content> </section> <section> <num value="1515">§ 1515. </num> <heading>Action for failing to deliver goods</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where the property in the goods has not passed to the buyer, and the seller wrongfully neglects or refuses to deliver the goods, the buyer may maintain an action against the seller for damages for nondelivery.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The measure of damages is the loss directly and naturally resulting in the ordinary course of events from the seller’s breach of contract.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Where there is an available market for the goods in question, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, is the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered, or, if no time was fixed, then at the time of the refusal to deliver.</content> </subsection> </section> <section> <num value="1516">§ 1516. </num> <heading>Specific performance</heading> <content>Where the seller has broken a contract to deliver specific or ascertained goods, a court having the powers of a court of equity may, if it thinks fit, on the application of the buyer, by its judgment or decree, direct that the contract shall be performed specifically, without giving the seller the option of retaining the goods on payment of damages. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price and otherwise, as to the court may seem just.</content> </section> <section> <num value="1517">§ 1517. </num> <heading>Remedies for breach of warranty</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Where there is a breach of warranty by the seller, the buyer may, at his election:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>accept or keep the goods and set up against the seller the breach of warranty by way of recoupment in diminution or extinction of the price;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>except or keep the goods and maintain an action against the seller for damages for the breach of warranty;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>refuse to accept the goods, if the property therein has not passed, and maintain an action against the seller for damages for the breach of warranty;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>rescind the contract to sell or the sale and refuse to receive the goods, or if the goods have already been received, return them or offer to return them to the seller and recover the price or any part thereof which has been paid.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>When the buyer has claimed and been granted a remedy in any one of these ways, no other remedy can thereafter be granted.</content> </subsection> <page identifier="/us/stat/76a/145">145</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Where the goods have been delivered to the buyer, he cannot rescind the sale if he knew of the breach of warranty when he accepted the goods, or if he fails to notify the seller within a reasonable time of the election to rescind, or if he fails to return or to offer to return the goods to the seller in substantially as good condition as they were in at the time the property was transferred to the buyer. But if deterioration or injury of the goods is due to the breach of warranty, such deterioration or injury shall not prevent the buyer from returning or offering to return the goods to the seller and rescinding the sale.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Where the buyer is entitled to rescind the sale and elects to do so the buyer shall cease to be liable for the price upon returning or offering to return the goods. If the price or any part thereof has already been paid, the seller shall be liable to repay so much thereof as has been paid, concurrently with the return of the goods, or immediately after an offer to return the goods in exchange for repayment of the price.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>Where the buyer is entitled to rescind the sale and elects to do so, if the seller refuses to accept an offer of the buyer to return the goods, the buyer shall thereafter be deemed to hold the goods as bailee for the seller, but subject to a lien to secure the repayment of any portion of the price which has been paid, and with the remedies for the enforcement of such lien allowed to an unpaid seller by section 1492 of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content>The measure of damages for breach of warranty is the loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <content>In the case of breach of warranty of quality, such loss, in the absence of special circumstances showing proximate damage of a greater amount, is the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty.</content> </subsection> </section> <section> <num value="1518">§ 1518. </num> <heading>Interest and special damages</heading> <content>Nothing in this chapter shall affect the right of the buyer or the seller to recover interest or special damages in any case where by law interest or special damages may be recoverable or to recover money paid where the consideration for the payment of it has failed.</content> </section> </article> </subchapter> <subchapter> <num class="bold" value="VI">Subchapter VI—</num><heading class="bold">Interpretation</heading> <section> <num value="1531">§ 1531. </num> <heading>Variation of implied obligations</heading> <content>Where any right, duty, or liability would arise under a contract to sell or a sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by custom, if the custom be such as to bind both parties to the contract or the sale.</content> </section> <section> <num value="1532">§ 1532. </num> <heading>Rights may be enforced by action</heading> <content>Where any right, duty, or liability is declared by this chapter, it may, unless otherwise by this chapter provided, be enforced by action.</content> </section> <section> <num value="1533">§ 1533. </num> <heading>Rules for cases not provided for by this chapter</heading> <content>In any case not provided for in this chapter, the rules of law and equity, including the law merchant, and in particular the rules relating to the law of principal and agent and to the effect of fraud, misrepresentation, duress or coercion, mistake, or other invalidating cause, shall continue to apply to contracts to sell and sales of goods.</content> </section> <page identifier="/us/stat/76a/146">146</page> <section> <num value="1534">§ 1534. </num> <heading>Interpretation shall give effect to purpose of uniformity</heading> <content>This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those States which enact it.</content> </section> <section> <num value="1535">§ 1535. </num> <heading>Provisions not applicable to mortgages</heading> <content>The provisions of this chapter relating to contracts to sell and to sales do not apply, unless so stated, to any transaction in the form of a contract to sell or a sale which is intended to operate by way of mortgage, pledge, charge, or other security.</content> </section> <section> <num value="1536">§ 1536. </num> <heading>Definitions</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline"> <p class="inline">In this chapter, unless the context or subject matter otherwise requires:</p> <p class="indent0 firstIndent1 fontsize10">“action” includes counterclaim, setoff, and suit in equity;</p> <p class="indent0 firstIndent1 fontsize10">“buyer” means a person who buys or agrees to buy goods or any legal successor in interest of such person;</p> <p class="indent0 firstIndent1 fontsize10">“defendant” includes a plaintiff against whom a right of setoff or counterclaim is asserted;</p> <p class="indent0 firstIndent1 fontsize10">“delivery” means voluntary transfer of possession from one person to another;</p> <p class="indent0 firstIndent1 fontsize10">“divisible contract to sell or sale” means a contract to sell or a sale in which by its terms the price for a portion or portions of the goods less than the whole is fixed or ascertainable by computation;</p> <p class="indent0 firstIndent1 fontsize10">“document of title to goods” includes any bill of lading, dock warrant, warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business in the sale or transfer of goods, as proof of the possession or control of the goods, or authorizing or purporting to authorize the possessor of the document to transfer or receive, either by indorsement or by delivery, goods represented by such document;</p> <p class="indent0 firstIndent1 fontsize10">“fault” means wrongful act or default;</p> <p class="indent0 firstIndent1 fontsize10">“fungible goods” means goods of which any unit is from its nature or by mercantile usage treated as the equivalent of any other unit;</p> <p class="indent0 firstIndent1 fontsize10">“future goods” means goods to be manufactured or acquired by the seller after the making of the contract of sale;</p> <p class="indent0 firstIndent1 fontsize10">“goods” includes all chattels personal other than things in action and money; the term includes emblements, industrial growing crops and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale;</p> <p class="indent0 firstIndent1 fontsize10">“order” in sections of this chapter relating to documents of title means an order by indorsement on the document;</p> <p class="indent0 firstIndent1 fontsize10">“person” includes a corporation or partnership or two or more persons having a joint or common interest;</p> <p class="indent0 firstIndent1 fontsize10">“plaintiff” includes defendant asserting a right of setoff or counterclaim;</p> <p class="indent0 firstIndent1 fontsize10">“property” means the general property in goods, and not merely a special property;</p> <p class="indent0 firstIndent1 fontsize10">“purchaser” includes mortgagee and pledgee;</p> <p class="indent0 firstIndent1 fontsize10">“purchases” includes taking as a mortgagee or as a pledgee;</p> <p class="indent0 firstIndent1 fontsize10">“quality of goods” includes their state or condition;</p> <p class="indent0 firstIndent1 fontsize10">“sale” includes a bargain and sale as well as a sale and delivery;</p> <p class="indent0 firstIndent1 fontsize10">“seller” means a person who sells or agrees to sell goods, or any legal successor in the interest of such person;</p> <p class="indent0 firstIndent1 fontsize10">“specific goods” means goods identified and agreed upon at the time a contract to sell or a sale is made;</p> <p class="indent0 firstIndent1 fontsize10">“value” is any consideration sufficient to support a simple contract; an antecedent or pre-existing claim, whether for money or not, constitutes value where goods or documents of title are taken either in satisfaction thereof or as security therefor.</p> </content> </subsection> <page identifier="/us/stat/76a/147">147</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A thing is done “in good faith” within the meaning of this chapter when it is in fact done honestly, whether it be done negligently or not.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>A person is insolvent within the meaning of this chapter who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he is insolvent within the meaning of the federal bankruptcy law or not.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Goods are in a “deliverable state” within the meaning of this chapter when they are in such a state that the buyer would, under the contract, be bound to take delivery of them.</content> </subsection> </section> <section> <num value="1537">§ 1537. </num> <heading>Chapter not to affect warehouse laws</heading> <content>This chapter does not repeal or limit sections 1771–1844 of this title.</content> </section> <section> <num value="1538">§ 1538. </num> <heading>Short title</heading> <content>This chapter may be cited as the Uniform Sales Act.</content> </section> </subchapter> </chapter> <chapter> <num value="47">CHAPTER 47—</num><heading>CONDITIONAL SALES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1571.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>1572.</designator> <label>Primary rights of buyer.</label></referenceItem> <referenceItem role="section"><designator>1573.</designator> <label>Primary rights of seller.</label></referenceItem> <referenceItem role="section"><designator>1574.</designator> <label>Conditional sales valid except as otherwise provided.</label></referenceItem> <referenceItem role="section"><designator>1575.</designator> <label>Conditional sales void as to certain persons.</label></referenceItem> <referenceItem role="section"><designator>1576.</designator> <label>Place of filing.</label></referenceItem> <referenceItem role="section"><designator>1577.</designator> <label>Conditional sale of goods for resale.</label></referenceItem> <referenceItem role="section"><designator>1578.</designator> <label>Filing.</label></referenceItem> <referenceItem role="section"><designator>1579.</designator> <label>Reciting.</label></referenceItem> <referenceItem role="section"><designator>1580.</designator> <label>Cancellation of contract.</label></referenceItem> <referenceItem role="section"><designator>1581.</designator> <label>Prohibition of removal or sale without notice.</label></referenceItem> <referenceItem role="section"><designator>1582.</designator> <label>Fraudulent injury, concealment, removal, or sale.</label></referenceItem> <referenceItem role="section"><designator>1583.</designator> <label>Retaking possession.</label></referenceItem> <referenceItem role="section"><designator>1584.</designator> <label>Notice of intention to retake.</label></referenceItem> <referenceItem role="section"><designator>1585.</designator> <label>Redemption.</label></referenceItem> <referenceItem role="section"><designator>1586.</designator> <label>Compulsory resale by seller.</label></referenceItem> <referenceItem role="section"><designator>1587.</designator> <label>Resale at option of parties.</label></referenceItem> <referenceItem role="section"><designator>1588.</designator> <label>Proceeds of resale.</label></referenceItem> <referenceItem role="section"><designator>1589.</designator> <label>Deficiency on resale.</label></referenceItem> <referenceItem role="section"><designator>1590.</designator> <label>Rights of parties where there is no resale.</label></referenceItem> <referenceItem role="section"><designator>1591.</designator> <label>Election of remedies.</label></referenceItem> <referenceItem role="section"><designator>1592.</designator> <label>Recovery of part payments.</label></referenceItem> <referenceItem role="section"><designator>1593.</designator> <label>Waiver of statutory protection.</label></referenceItem> <referenceItem role="section"><designator>1594.</designator> <label>Loss and increase.</label></referenceItem> <referenceItem role="section"><designator>1595.</designator> <label>Rules for cases not provided for.</label></referenceItem> <referenceItem role="section"><designator>1596.</designator> <label>Uniformity of interpretation.</label></referenceItem> <referenceItem role="section"><designator>1597.</designator> <label>Short title.</label></referenceItem> </toc> <section> <num value="1571">§ 1571. </num> <heading>Definitions</heading> <chapeau> <p class="indent0 firstIndent1 fontsize10">In this chapter:</p> <p class="indent0 firstIndent1 fontsize10">“conditional sale” means:</p> </chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>A contract for the sale of goods under which possession is delivered to the buyer and the property in the goods is to vest in the buyer at a subsequent time upon the payment of part or all of the price, or upon the performance of any other condition or the happening of any contingency; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>A contract for the bailment or leasing of goods by which the bailee or lessee contracts to pay as compensation a sum substantially equivalent to the value of the goods, and by which it is agreed that the bailee or lessee is bound to become, or has the option of becoming, the owner of such goods upon full compliance with the terms of the contract;</content> </paragraph> <continuation> <p class="indent0 firstIndent1 fontsize10">“buyer” means the person who buys or hires the goods covered by the conditional sale, or any legal successor in interest of such person;</p> <p class="indent0 firstIndent1 fontsize10">“goods” means all chattels personal other than things in action and money, and includes emblements, industrial growing crops, and things <page identifier="/us/stat/76a/148">148</page> attached to or forming a part of land which are agreed to be severed before sale or under the conditional sale;</p> <p class="indent0 firstIndent1 fontsize10">“performance of the condition” means the occurrence of the event upon which the property in the goods is to vest in the buyer, whether the event is the performance of an act by the buyer or the happening of a contingency;</p> <p class="indent0 firstIndent1 fontsize10">“person” includes an individual, partnership, corporation, and other association;</p> <p class="indent0 firstIndent1 fontsize10">“purchase” includes mortgage and pledge;</p> <p class="indent0 firstIndent1 fontsize10">“purchaser” includes mortgagee and pledges;</p> <p class="indent0 firstIndent1 fontsize10">“seller” means the person who sells or leases the goods covered by the conditional sale, or legal successor in interest of such a person.</p> </continuation> </section> <section> <num value="1572">§ 1572. </num> <heading>Primary rights of buyer</heading> <content>The buyer has the right when not in default to retain possession of the goods, and he also has the right to acquire the property in the goods on the performance of the conditions of the contract. The seller is liable to the buyer for the breach of all promises and warranties, express or implied, made in the conditional sale contract, whether or not the property in the goods has passed to the buyer.</content> </section> <section> <num value="1573">§ 1573. </num> <heading>Primary rights of seller</heading> <content>The buyer is liable to the seller for the purchase price, or for installments thereof, as the same become due, and for breach of all promises made by him in the conditional sale contract, whether or not the property in the goods has passed to the buyer.</content> </section> <section> <num value="1574">§ 1574. </num> <heading>Conditional sales valid except as otherwise provided</heading> <content>A provision in a conditional sale reserving property in the seller after possession of the goods is delivered to the buyer, is valid as to all persons, except as hereinafter otherwise provided.</content> </section> <section> <num value="1575">§ 1575. </num> <heading>Conditional sales void as to certain persons</heading> <content>A provision in a conditional sale reserving property in the seller is void as to any purchaser from or creditor of the buyer, who, without notice of the provision, purchases the goods or acquires by attachment or levy a lien upon them, before the contract or a copy thereof is filed as hereinafter provided. This section does not apply to conditional sales of goods for resale.</content> </section> <section> <num value="1576">§ 1576. </num> <heading>Place of filing</heading> <content>The conditional sale contract or a copy thereof shall be filed in the office of the registrar of property of the Canal Zone.</content> </section> <section> <num value="1577">§ 1577. </num> <heading>Conditional sale of goods for resale</heading> <content>When goods are delivered under a conditional sale contract and the seller expressly or impliedly consents that the buyer may resell them prior to performance of the condition, the same is valid whether filed or not except that the reservation of property is void against purchasers from the buyer in good faith for value and without actual knowledge of the condition of the contract.</content> </section> <section> <num value="1578">§ 1578. </num> <heading>Filing</heading> <content>The registrar of property shall mark upon the contract or copy filed with him the day and hour of filing and shall file the contract or copy in his office for public inspection. He shall keep a separate book in which he shall enter the names of the seller and buyer, the date of the contract, the day and hour of filing a brief description of the goods, the price named in the contract, and the date of cancellation thereof. The book shall be indexed under the names of both seller and buyer. For filing and entering such a contract or copy, or any assignment of such a contract, the registrar is entitled to a fee of $1.</content> </section> <page identifier="/us/stat/76a/149">149</page> <section> <num value="1579">§ 1579. </num> <heading>Refiling</heading> <content>The filing of conditional sales contracts provided for by sections 1575 and 1576 of this title shall be valid for a period of 3 years only. The validity of the filing may in each case be extended for successive additional periods of 1 year from the date of raffling by filing a copy of the original contract within 30 days next preceding the expiration of each period, with a statement attached signed by the seller, showing that the contract is in force and the amount remaining to be paid thereon. The copy, with statement attached, shall be filed and entered in the same manner as a contract or copy filed and entered for the first time, and the registrar of property is entitled to a like fee as upon the original filing.</content> </section> <section> <num value="1580">§ 1580. </num> <heading>Cancellation of contract</heading> <content>After the performance of the condition upon written demand delivered personally or by registered mail by the buyer or any other person having an interest in the goods, the seller shall execute, acknowledge, and deliver to the demandant a statement that the condition in the contract has been performed. If for 10 days after such a demand the seller fails to mail or deliver a statement of satisfaction, he shall forfeit to the demandant $5 and be liable for all damages suffered. Upon presentation of a statement of satisfaction the registrar of property shall file the same and note the cancellation of the contract and the date thereof on the margin of the page where the contract has been entered. For filing and entering the statement of satisfaction the filing officer is entitled to a fee of 25 cents.</content> </section> <section> <num value="1581">§ 1581. </num> <heading>Prohibition of removal or sale without notice</heading> <content>Unless the contract otherwise provides, the buyer may, without the consent of the seller, remove the goods from the Canal Zone and sell, mortgage, or otherwise dispose of his interest in them; but prior to the performance of the condition, such a buyer may not remove the goods from the Canal Zone, except for temporary uses for a period of not more than 30 days, unless the buyer not less than 30 days before the removal gives the seller personally or by registered mail written notice of the place to which the goods are to be removed and the approximate time of the intended removal; nor prior to the performance of the conditions shall the buyer sell, mortgage, or otherwise dispose of his interest in the goods unless he, or the person to whom he is about to sell, mortgage, or otherwise dispose of the same, notifies the seller in writing personally or by registered mail of the name and address of the person to whom his interest in the goods is about to be sold, mortgage or otherwise transferred, not less than 10 days before the sale, mortgage, or other disposal. If a buyer does so remove the goods, or does so sell, mortgage, or otherwise dispose of his interest in them without the notice or in violation of the contract, the seller may retake possession of the goods and deal with them as in case of default in payment of part or all of the purchase price.</content> </section> <section> <num value="1582">§ 1582. </num> <heading>Fraudulent injury, concealment, removal, or sale</heading> <content>When, prior to the performance of the condition, the buyer maliciously or with intent to defraud injures, destroys, or conceals the goods, or remove them from the Canal Zone, without having given the notice required by section 1581 of this title, or sells, mortgages, or otherwise disposes of the goods under claim of full ownership, he shall be guilty of a crime and upon conviction thereof shall be imprisoned in jail for not more than one year or be fined not more than $500 or both.</content> </section> <page identifier="/us/stat/76a/150">150</page> <section> <num value="1583">§ 1583. </num> <heading>Retaking possession</heading> <content>When the buyer is in default in the payment of a sum due under the contract, or in the performance of any other condition which the contract requires him to perform in order to obtain the property in the goods, or in the performance of any promise, the breach of which is by the contract expressly made a ground for the retaking of the goods, the seller may retake possession thereof. Unless the goods can be retaken without breach of the peace, they shall be retaken by legal process; but this section does not authorize a violation of the criminal law.</content> </section> <section> <num value="1584">§ 1584. </num> <heading>Notice of intention to retake</heading> <content>Not more than 40 nor less than 20 days prior to the retaking, the seller, if he so desires, may serve upon the buyer personally or by registered mail a notice of intention to retake the goods on account of the buyer’s default. The notice shall state the default and the period at the end of which the goods will be retaken, and shall briefly and clearly state what the buyer’s rights under this chapter will be in case they are retaken. If the notice is so served and the buyer does not perform the obligations in which he has made default before the day set for retaking, the seller may retake the goods and hold them subject to sections 1586–1590 of this title regarding resale, but without a right of redemption.</content> </section> <section> <num value="1585">§ 1585. </num> <heading>Redemption</heading> <content>If the seller does not give the notice of intention to retake provided for by section 1584 of this title, he shall retain the goods for 10 days after the retaking within the Canal Zone, during which period the buyer, upon payment or tender of the amount due under the contract at the time of retaking and interest, or upon performance or tender of performance of such other condition as may be named in the contract as precedent to the passage of the property in the goods, or upon performance or tender of performance of any other promise for the breach of which the goods were retaken, and upon payment of the expenses of retaking, keeping, and storage, may redeem the goods and become entitled to take possession of them and to continue in the performance of the contract as if a default had not occurred. Upon written demand delivered personally or by registered mail by the buyer, the seller shall furnish to the buyer a written statement of the sum due under the contract and the expense of retaking, keeping and storage. For failure to furnish such a statement within a reasonable time after demand, the seller shall forfeit to the buyer $10 and also be liable to him for all damages suffered because of the failure. If the goods are perishable so that retention for 10 days as herein prescribed would result in their destruction or substantial injury, this section does not apply, and the seller may resell the goods immediately upon their retaking.</content> </section> <section> <num value="1586">§ 1586. </num> <heading>Compulsory resale by seller</heading> <content>If the buyer does not redeem the goods within 10 days after the seller has retaken possession, and the buyer has paid at least 50 per centum of the purchase price at the time of the retaking the seller shall sell them at public auction in the Canal Zone, the sale to be held not more than 30 days after the retaking. The seller shall give to the buyer not less than 10 days’ written notice of the sale either personally or by registered mail, directed to the buyer at his last known place of business or residence. The seller shall also give notice of the sale by at least 3 notices posted in different public places within the Canal Zone, at least 5 days before the sale. If at the time of the retaking $500 or more has been paid on the purchase price, the seller shall also give <page identifier="/us/stat/76a/151">151</page> notice of the sale at least 5 days before the sale by publication in a newspaper having a general circulation within the Canal Zone. The seller may bid for the goods at the resale.</content> </section> <section> <num value="1587">§ 1587. </num> <heading>Resale at option of parties</heading> <content>If the buyer has not paid at least 50 percent of the purchase price at the time of the retaking, the seller is not under a duty to resell the goods as prescribed by section 1586 of this title, unless the buyer serves upon the seller, within 10 days after the retaking, a written notice demanding a resale, delivered personally or by registered mail. If the notice is served, the resale shall take place within 30 days after the service, in the manner, at the place, and upon the notice prescribed by section 1586 of this title. The seller may voluntarily resell the goods for account of the buyer on compliance with the same requirements.</content> </section> <section> <num value="1588">§ 1588. </num> <heading>Proceeds of resale</heading> <chapeau>The proceeds of the resale shall be applied:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to the payment of the expenses thereof;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to the payment of the expenses of retaking, keeping and storing the goods;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to the satisfaction of the balance due under the contract.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">Any sums remaining after the satisfaction of those claims shall be paid to the buyer.</continuation> </section> <section> <num value="1589">§ 1589. </num> <heading>Deficiency on resale</heading> <content>If the proceeds of the resale are not sufficient to defray the expenses thereof and the expenses of retaking, keeping, and storing the goods, and the balance due upon the purchase price, the seller may recover the deficiency from the buyer, or from any one who has succeeded to the obligations of the buyer.</content> </section> <section> <num value="1590">§ 1590. </num> <heading>Rights of parties where there is no resale</heading> <content>If there is no resale the seller may retain the goods as his own property without obligation to account to the buyer except as provided by section 1592 of this title, and the buyer shall be discharged of all obligation.</content> </section> <section> <num value="1591">§ 1591. </num> <heading>Election of remedies</heading> <content>After the retaking of possession as provided by section 1583 of this title the buyer is liable for the price only after a resale and only to the extent provided by section 1589 of this title. Neither the bringing of an action by the seller for the recovery of the whole or any part of the price, nor the recovery of judgment in such an action, nor the collection of a portion of the price, shall be deemed inconsistent with a later retaking of the goods as provided in section 1583 of this title. But a right of retaking may not be exercised by the seller after he has collected the entire price or after he has claimed a lien upon the goods, or attached them, or levied upon them as the goods of the buyer.</content> </section> <section> <num value="1592">§ 1592. </num> <heading>Recovery of part payments</heading> <content>If the seller fails to comply with sections 1585–1588 and 1590 of this title, after retaking the goods, the buyer may recover from the seller his actual damages, if any and in no event less than one-fourth of the sum of all payments which have been made under the contract, with interest.</content> </section> <section> <num value="1593">§ 1593. </num> <heading>Waiver of statutory protection</heading> <content>An act or agreement of the buyer before or at the time of the making of the contract, or an agreement or statement by the buyer in the contract, does not constitute a valid waiver of sections 1585–1588 and <page identifier="/us/stat/76a/152">152</page> 1592 of this title; except that the contract may stipulate that on such default of the buyer as is provided for by section 1583 of this title, the seller may rescind the conditional sale, either as to all the goods or as to any part thereof for which a specific price was fixed in the contract. If the contract thus provides for rescission, the seller at his option may retake the goods without complying with or being bound by sections 1584–1592 of this title, as to the goods retaken, upon crediting the buyer with the full purchase price of those goods. As much of this credit as is necessary to cancel any indebtedness of the buyer to the seller shall be so applied and the seller shall repay to the buyer on demand any surplus not so required.</content> </section> <section> <num value="1594">§ 1594. </num> <heading>Loss and increase</heading> <content>After the delivery of the goods to the buyer and prior to the retaking of them by the seller, the risk of injury and loss rest upon the buyer. The increase of the goods is subject to the same conditions an the original goods.</content> </section> <section> <num value="1595">§ 1595. </num> <heading>Rules for cases not provided for</heading> <content>In any case not provided for by this chapter the rules of law and equity, including the law merchant, and in particular those relating to principal and agent and to the effect of fraud, misrepresentation, duress or coercion; mistake, or other invalidating cause, shall continue to apply to conditional sales.</content> </section> <section> <num value="1596">§ 1596. </num> <heading>Uniformity of interpretation</heading> <content>This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those States which enact it.</content> </section> <section> <num value="1597">§ 1597. </num> <heading>Short title</heading> <content>This chapter may be cited as the Uniform Conditional Sales Act.</content> </section> </chapter> <chapter> <num value="49">CHAPTER 49—</num><heading>DEPOSIT IN GENERAL</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">nature and creation of deposit</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1631.</designator> <label>Kinds of deposit.</label></referenceItem> <referenceItem role="section"><designator>1632.</designator> <label>Voluntary deposit.</label></referenceItem> <referenceItem role="section"><designator>1633.</designator> <label>Involuntary deposit.</label></referenceItem> <referenceItem role="section"><designator>1634.</designator> <label>Duty of involuntary depositary.</label></referenceItem> <referenceItem role="section"><designator>1635.</designator> <label>Deposit for keeping.</label></referenceItem> <referenceItem role="section"><designator>1636.</designator> <label>Deposit for exchange.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">obligations of the depositary</inline></label></referenceItem> <referenceItem role="section"><designator>1651.</designator> <label>Delivery on demand.</label></referenceItem> <referenceItem role="section"><designator>1652.</designator> <label>Necessity of demand.</label></referenceItem> <referenceItem role="section"><designator>1653.</designator> <label>Place of delivery.</label></referenceItem> <referenceItem role="section"><designator>1654.</designator> <label>Notice of adverse claim.</label></referenceItem> <referenceItem role="section"><designator>1655.</designator> <label>Notice of deposit to true owner.</label></referenceItem> <referenceItem role="section"><designator>1656.</designator> <label>Delivery of thing owned jointly, etc.</label></referenceItem> <referenceItem role="section"><designator>1657.</designator> <label>Delivery of joint deposits.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Nature and Creation of Deposit</heading> <section> <num value="1631">§ 1631. </num> <heading>Kinds of deposit</heading> <content>A deposit may be voluntary or involuntary; and for safe-keeping or for exchange.</content> </section> <page identifier="/us/stat/76a/153">153</page> <section> <num value="1632">§ 1632. </num> <heading>Voluntary deposit</heading> <content>A voluntary deposit is made by one giving to another, with his consent, the possession of personal property to keep for the benefit of the former, or of a third party. The person giving is the depositor, and the person receiving the depositary.</content> </section> <section> <num value="1633">§ 1633. </num> <heading>Involuntary deposit</heading> <chapeau>An involuntary deposit is made:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by the accidental leaving or placing of personal property in the possession of a person, without negligence on the part of its owner; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencies, by the owner of personal property committing it, out of necessity, to the care of a person.</content> </paragraph> </section> <section> <num value="1634">§ 1634. </num> <heading>Duty of involuntary depositary</heading> <content>The person with whom a thing is deposited as provided by section 1633 of this title is bound to take charge of it, if able to do so.</content> </section> <section> <num value="1635">§ 1635. </num> <heading>Deposit for keeping</heading> <content>A deposit for keeping is one in which the depositary is bound to return the identical thing deposited.</content> </section> <section> <num value="1636">§ 1636. </num> <heading>Deposit for exchange</heading> <content>A deposit for exchange is one in which the depositary is bound only to return a thing corresponding in kind to that which is deposited.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Obligations of the Depositary</heading> <section> <num value="1651">§ 1651. </num> <heading>Delivery on demand</heading> <content>A depositary shall deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified tune or not, unless he has a lien upon the thing deposited, or has been forbidden or prevented from doing so by the real owner thereof, or by the act of the law, and has given the notice required by section 1654 of this title.</content> </section> <section> <num value="1652">§ 1652. </num> <heading>Necessity of demand</heading> <content>A depositary is not bound to deliver a thing deposited without demand, even where the deposit is made for a specified time.</content> </section> <section> <num value="1653">§ 1653. </num> <heading>Place of delivery</heading> <content>A depositary shall deliver the thing deposited at his residence or place of business, as may be most convenient for him.</content> </section> <section> <num value="1654">§ 1654. </num> <heading>Notice of adverse claim</heading> <content>A depositary shall give prompt notice to the person for whose benefit the deposit was made, of any proceedings taken adversely to his interest in the thing deposited, which may tend to excuse the depositary from delivering the thing to him.</content> </section> <section> <num value="1655">§ 1655. </num> <heading>Notice of deposit to true owner</heading> <content>A depositary who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit; and if within a reasonable time afterwards he does not claim it, and sufficiently establish his right thereto, and indemnify the depositary against the claim of the depositor, the depositary is exonerated from liability to the person to whom he gave the notice, upon returning the thing to the depositor, or assuming, in good faith, a new obligation changing his position in respect to the thing, to his prejudice.</content> </section> <page identifier="/us/stat/76a/154">154</page> <section> <num value="1656">§ 1656. </num> <heading>Delivery of thing owned jointly, etc.</heading> <content>If a thing deposited is owned jointly or in common by persons who cannot agree upon the manner of its delivery, the depositary may deliver to each his proper share thereof, if it can be done without injury to the thing.</content> </section> <section> <num value="1657">§ 1657. </num> <heading>Delivery of joint deposits</heading> <content>If a deposit is made in the name of two or more persons deliverable or payable to either or to their survivor or survivors, the deposit or any part thereof, or increase thereof, may be delivered or paid to either of the persons or to the survivor or survivors in due course of business.</content> </section> </subchapter> </chapter> <chapter> <num value="51">CHAPTER 51—</num><heading>DEPOSIT FOR KEEPING</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1691.</designator> <label>Indemnification of depositary.</label></referenceItem> <referenceItem role="section"><designator>1692.</designator> <label>Obligation of depositary of animals.</label></referenceItem> <referenceItem role="section"><designator>1693.</designator> <label>Use of thing deposited.</label></referenceItem> <referenceItem role="section"><designator>1694.</designator> <label>Liability for damage arising from wrongful use.</label></referenceItem> <referenceItem role="section"><designator>1695.</designator> <label>Sale of thing in danger of perishing.</label></referenceItem> <referenceItem role="section"><designator>1696.</designator> <label>Injury to or loss of thing deposited.</label></referenceItem> <referenceItem role="section"><designator>1697.</designator> <label>Services by depositary.</label></referenceItem> <referenceItem role="section"><designator>1698.</designator> <label>Liability of depositary.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">gratuitous deposit</inline></label></referenceItem> <referenceItem role="section"><designator>1721.</designator> <label>Gratuitous deposit defined.</label></referenceItem> <referenceItem role="section"><designator>1722.</designator> <label>Nature of involuntary deposit.</label></referenceItem> <referenceItem role="section"><designator>1723.</designator> <label>Degree of care required.</label></referenceItem> <referenceItem role="section"><designator>1724.</designator> <label>Termination of duties of depositary.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">storage</inline></label></referenceItem> <referenceItem role="section"><designator>1741.</designator> <label>Deposit for hire.</label></referenceItem> <referenceItem role="section"><designator>1742.</designator> <label>Degree of care required.</label></referenceItem> <referenceItem role="section"><designator>1743.</designator> <label>Compensation for fraction of week or month.</label></referenceItem> <referenceItem role="section"><designator>1744.</designator> <label>Termination of deposit.</label></referenceItem> <referenceItem role="section"><designator>1745.</designator> <label>Depositary’s lien.</label></referenceItem> <referenceItem role="section"><designator>1746.</designator> <label>Sale to satisfy lien.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">warehouse receipts</inline></label></referenceItem> <referenceItem role="article"><designator>Article A—</designator><label>The Issue of Warehouse Receipts</label></referenceItem> <referenceItem role="section"><designator>1771.</designator> <label>Persons who may issue receipts.</label></referenceItem> <referenceItem role="section"><designator>1772.</designator> <label>Form of receipts; essential terms.</label></referenceItem> <referenceItem role="section"><designator>1773.</designator> <label>Form of receipts; what terms may be inserted.</label></referenceItem> <referenceItem role="section"><designator>1774.</designator> <label>Definition of nonnegotiable receipt.</label></referenceItem> <referenceItem role="section"><designator>1775.</designator> <label>Definition of negotiable receipt.</label></referenceItem> <referenceItem role="section"><designator>1776.</designator> <label>Duplicate receipts must be so marked.</label></referenceItem> <referenceItem role="section"><designator>1777.</designator> <label>Failure to mark “not negotiable”.</label></referenceItem> <referenceItem role="article"><designator>Article B—</designator><label>Obligations and Rights of Warehousemen Upon Their Receipts</label></referenceItem> <referenceItem role="section"><designator>1781.</designator> <label>Obligation of warehouseman to deliver.</label></referenceItem> <referenceItem role="section"><designator>1782.</designator> <label>Justification of warehouseman in delivering.</label></referenceItem> <referenceItem role="section"><designator>1783.</designator> <label>Warehouseman’s liability for misdelivery.</label></referenceItem> <referenceItem role="section"><designator>1784.</designator> <label>Negotiable receipts must be cancelled when goods delivered.</label></referenceItem> <referenceItem role="section"><designator>1785.</designator> <label>Negotiable receipts must be cancelled or marked when part of goods delivered.</label></referenceItem> <referenceItem role="section"><designator>1786.</designator> <label>Altered receipts.</label></referenceItem> <referenceItem role="section"><designator>1787.</designator> <label>Lost or destroyed receipts.</label></referenceItem> <referenceItem role="section"><designator>1788.</designator> <label>Effect of duplicate receipts.</label></referenceItem> <referenceItem role="section"><designator>1789.</designator> <label>Warehouseman cannot set up title in himself.</label></referenceItem> <referenceItem role="section"><designator>1790.</designator> <label>Interpleader of adverse claimants.</label></referenceItem> <referenceItem role="section"><designator>1791.</designator> <label>Warehouseman has reasonable time to determine validity of claims.</label></referenceItem> <referenceItem role="section"><designator>1792.</designator> <label>Adverse title is no defense except as above provided.</label></referenceItem> <referenceItem role="section"><designator>1793.</designator> <label>Liability for nonexistence or misdescription of goods.</label></referenceItem> <referenceItem role="section"><designator>1794.</designator> <label>Liability for care of goods.</label></referenceItem> <page identifier="/us/stat/76a/155">155</page> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1795.</designator> <label>Goods must be kept separate.</label></referenceItem> <referenceItem role="section"><designator>1796.</designator> <label>Fungible goods may be commingled, if warehouseman authorized.</label></referenceItem> <referenceItem role="section"><designator>1797.</designator> <label>Liability of warehouseman to depositors of commingled goods.</label></referenceItem> <referenceItem role="section"><designator>1798.</designator> <label>Attachment or levy upon goods for which a negotiable receipt has been issued.</label></referenceItem> <referenceItem role="section"><designator>1799.</designator> <label>Creditors’ remedies to reach negotiable receipts.</label></referenceItem> <referenceItem role="section"><designator>1800.</designator> <label>What claims are included in the warehouseman’s lien.</label></referenceItem> <referenceItem role="section"><designator>1801.</designator> <label>Against what property the lien may be enforced.</label></referenceItem> <referenceItem role="section"><designator>1802.</designator> <label>How the lien may be lost.</label></referenceItem> <referenceItem role="section"><designator>1803.</designator> <label>Negotiable receipt must state charges for which lien is claimed.</label></referenceItem> <referenceItem role="section"><designator>1804.</designator> <label>Warehouseman need not deliver until lien is satisfied.</label></referenceItem> <referenceItem role="section"><designator>1805.</designator> <label>Warehouseman’s lien dues not preclude other remedies.</label></referenceItem> <referenceItem role="section"><designator>1806.</designator> <label>Satisfaction of lien by sale.</label></referenceItem> <referenceItem role="section"><designator>1807.</designator> <label>Perishable and hazardous goods.</label></referenceItem> <referenceItem role="section"><designator>1808.</designator> <label>Other methods of enforcing liens.</label></referenceItem> <referenceItem role="section"><designator>1809.</designator> <label>Effect of sate.</label></referenceItem> <referenceItem role="article"><designator>Article C—</designator><label>Negotiation and Transfer of Receipts</label></referenceItem> <referenceItem role="section"><designator>1811.</designator> <label>Negotiation of negotiable receipts by delivery.</label></referenceItem> <referenceItem role="section"><designator>1812.</designator> <label>Negotiation of negotiable receipts by indorsement.</label></referenceItem> <referenceItem role="section"><designator>1813.</designator> <label>Transfer of receipts.</label></referenceItem> <referenceItem role="section"><designator>1814.</designator> <label>Who may negotiate a receipt.</label></referenceItem> <referenceItem role="section"><designator>1815.</designator> <label>Rights of person to whom a receipt has been negotiated.</label></referenceItem> <referenceItem role="section"><designator>1816.</designator> <label>Rights of person to whom a receipt has been transferred.</label></referenceItem> <referenceItem role="section"><designator>1817.</designator> <label>Transfer of negotiable receipt without indorsement.</label></referenceItem> <referenceItem role="section"><designator>1818.</designator> <label>Warranties on sale of receipt.</label></referenceItem> <referenceItem role="section"><designator>1819.</designator> <label>Indorser not a guarantor.</label></referenceItem> <referenceItem role="section"><designator>1820.</designator> <label>No warranty implied from accepting payment of a debt.</label></referenceItem> <referenceItem role="section"><designator>1821.</designator> <label>When negotiation not impaired by fraud, mistake, or duress.</label></referenceItem> <referenceItem role="section"><designator>1822.</designator> <label>Subsequent negotiation.</label></referenceItem> <referenceItem role="section"><designator>1823.</designator> <label>Negotiation defeats vendor’s lien.</label></referenceItem> <referenceItem role="article"><designator>Article D—</designator><label>Criminal Offenses</label></referenceItem> <referenceItem role="section"><designator>1831.</designator> <label>Issue of receipt for goods not received.</label></referenceItem> <referenceItem role="section"><designator>1832.</designator> <label>Issue of receipt containing false statement.</label></referenceItem> <referenceItem role="section"><designator>1833.</designator> <label>Issue of duplicate receipts not so marked.</label></referenceItem> <referenceItem role="section"><designator>1834.</designator> <label>Issue for warehouseman’s goods of receipts which do not state that fact.</label></referenceItem> <referenceItem role="section"><designator>1835.</designator> <label>Delivery of goods without obtaining negotiable receipt.</label></referenceItem> <referenceItem role="section"><designator>1836.</designator> <label>Negotiation of receipt for mortgaged goods.</label></referenceItem> <referenceItem role="article"><designator>Article E—</designator><label>Interpretation</label></referenceItem> <referenceItem role="section"><designator>1841.</designator> <label>Cases not provided for in subchapter.</label></referenceItem> <referenceItem role="section"><designator>1842.</designator> <label>Interpretation shall give effect to purpose of uniformity.</label></referenceItem> <referenceItem role="section"><designator>1843.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>1844.</designator> <label>Short title.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">innkeepers</inline></label></referenceItem> <referenceItem role="section"><designator>1871.</designator> <label>Innkeeper’s lien on property of guests.</label></referenceItem> <referenceItem role="section"><designator>1872.</designator> <label>Unclaimed baggage; sale at auction.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vi</inline>—</designator><label><inline class="smallCaps">finding</inline></label></referenceItem> <referenceItem role="section"><designator>1891.</designator> <label>Obligation of finder.</label></referenceItem> <referenceItem role="section"><designator>1892.</designator> <label>Notice of finding of things or saving of animals; restitution.</label></referenceItem> <referenceItem role="section"><designator>1893.</designator> <label>Proof of ownership.</label></referenceItem> <referenceItem role="section"><designator>1894.</designator> <label>Reward and compensation to finder.</label></referenceItem> <referenceItem role="section"><designator>1895.</designator> <label>Storage of thing found.</label></referenceItem> <referenceItem role="section"><designator>1896.</designator> <label>Sale by finder.</label></referenceItem> <referenceItem role="section"><designator>1897.</designator> <label>Manner of sale.</label></referenceItem> <referenceItem role="section"><designator>1898.</designator> <label>Vesting of property in finder.</label></referenceItem> <referenceItem role="section"><designator>1890.</designator> <label>Abandoned things.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="1691">§ 1691. </num> <heading>Indemnification of depositary</heading> <chapeau>A depositor shall indemnify the depositary for:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>damage caused to him by the defects or vices of the thing deposited; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>expenses necessarily incurred by him about the thing, other than such as are involved in the nature of the undertaking.</content> </paragraph> </section> <page identifier="/us/stat/76a/156">156</page> <section> <num value="1692">§ 1692. </num> <heading>Obligation of depositary of animals</heading> <content>A depositary of living animals shall provide them with suitable food and shelter, and treat them kindly.</content> </section> <section> <num value="1693">§ 1693. </num> <heading>Use of thing deposited</heading> <content>A depositary may not use the thing deposited, or permit it to be used, for any purpose, without the consent of the depositor. He may not, if it is purposely fastened by the depositor, open it without the consent of the latter, except in case of necessity.</content> </section> <section> <num value="1694">§ 1694. </num> <heading>Liability for damage arising from wrongful use</heading> <content>A depositary is liable for damage happening to the thing deposited, during his wrongful use thereof, unless the damage must inevitably have happened though the property had not been thus used.</content> </section> <section> <num value="1695">§ 1695. </num> <heading>Sale of thing in danger of perishing</heading> <content>If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depositary may sell it for the best price obtainable and retain the proceeds as a deposit, giving immediate notice of his proceedings to the depositor.</content> </section> <section> <num value="1696">§ 1696. </num> <heading>Injury to or loss of thing deposited</heading> <content>If a thing is lost or injured during its deposit, and the depositary refuses to inform the depositor of the circumstances under which the loss or injury occurred, as far as he has information concerning them, or willfully misrepresents the circumstances to him, the depositary is presumed to have willfully, or by gross negligence, permitted the loss or injury to occur.</content> </section> <section> <num value="1697">§ 1697. </num> <heading>Services by depositary</heading> <content>As far as any service is rendered by a depositary, or required from him, his duties and liabilities are prescribed by chapters 59–63 of this title on employment and service.</content> </section> <section> <num value="1698">§ 1698. </num> <heading>Liability of depositary</heading> <content>The liability of a depositary for negligence may not exceed the amount which he is informed by the depositor, or has reason to suppose, the thing deposited to be worth.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Gratuitous Deposit</heading> <section> <num value="1721">§ 1721. </num> <heading>Gratuitous deposit defined</heading> <content>Gratuitous deposit is a deposit for which the depositary does not receive consideration beyond the mere possession of the thing deposited.</content> </section> <section> <num value="1722">§ 1722. </num> <heading>Nature of involuntary deposit</heading> <content>An involuntary deposit is gratuitous, the depositary not being entitled to a reward.</content> </section> <section> <num value="1723">§ 1723. </num> <heading>Degree of care required</heading> <content>A gratuitous depositary shall use at least slight care for the preservation of the thing deposited.</content> </section> <section> <num value="1724">§ 1724. </num> <heading>Termination of duties of depositary</heading> <chapeau>The duties of a gratuitous depositary cease upon his:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>restoring the thing deposited to its owner; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>giving reasonable notice to the owner to remove it and the owner failing to do so within a reasonable time.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">An involuntary depositary, under paragraph (2) of section 1633 of this title, may not give such a notice until the emergency which gave rise to the deposit is past.</continuation> </section> </subchapter> <page identifier="/us/stat/76a/157">157</page> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Storage</heading> <section> <num value="1741">§ 1741. </num> <heading>Deposit for hire</heading> <content>A deposit not gratuitous is called storage. The depositary in such a case is a depositary for hire.</content> </section> <section> <num value="1742">§ 1742. </num> <heading>Degree of care required</heading> <content>A depositary for hire shall use at least ordinary care for the preservation of the thing deposited.</content> </section> <section> <num value="1743">§ 1743. </num> <heading>Compensation for fraction of week or month</heading> <content>In the absence of a different agreement or usage, a depositary for hire is entitled to one week’s hire for the sustenance and shelter of living animals during any fraction of a week, and to half a month’s hire for the storage of any other property during any fraction of a half-month.</content> </section> <section> <num value="1744">§ 1744. </num> <heading>Termination of deposit</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the depositor at any time, and by the depositary upon reasonable notice.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Notwithstanding an agreement respecting the length of time during which a deposit is to continue, it may be terminated by the depositor on paying all that would become due to the depositary in case of the deposit so continuing.</content> </subsection> </section> <section> <num value="1745">§ 1745. </num> <heading>Depositary’s lien</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A depositary for hire has a lien for:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>storage charges;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>advances and insurance incurred at the request of the depositor;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>money necessarily expended in and about the care, preservation, and keeping of the property stored;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>money advanced at the request of the depositor, to discharge prior lien; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the expenses of a sale where default has been made in satisfying a valid lien.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The rights of the depositary for hire to the lien are regulated by chapters 97 et seq., of this title, on liens. The lien may be enforced in the manner provided by sections 1806, 1808 and 1809 of this title, relating to warehousemen.</content> </subsection> </section> <section> <num value="1746">§ 1746. </num> <heading>Sale to satisfy lien</heading> <content>If from any cause other than want of ordinary care and diligence on his part, a depositary for hire is unable to deliver perishable property, baggage, or luggage received by him for storage, or to collect his charges for storage due thereon, he may cause the property to be sold to satisfy his lien for storage in accordance with sections 1806–1809 of this title relating to warehousemen.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Warehouse Receipts</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">The Issue of Warehouse Receipts</heading> <section> <num value="1771">§ 1771. </num> <heading>Persons who may issue receipts</heading> <content>A warehouse receipt may be issued by any warehouseman.</content> </section> <section> <num value="1772">§ 1772. </num> <heading>Form of receipts; essential terms</heading> <chapeau>A warehouse receipt need not be in any particular form, but must embody within its written or printed terms:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the location of the warehouse where the goods are stored;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the date of issue of the receipt;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the consecutive number of the receipt;</content> </paragraph> <page identifier="/us/stat/76a/158">158</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a statement whether the goods received will be delivered to the bearer, to a specified person, or to a specified person or his order;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the rate of storage charges;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>a description of the goods or of the packages containing them;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the signature of the warehouseman, which may be made by his authorized agent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>if the receipt is issued for goods of which the warehouseman is owner, either solely or jointly or in common with others, the fact of the ownership; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content>a statement of the amount of advances made and of liabilities incurred for which the warehouseman claims a lien; and if the precise amount of the advances made or of the liabilities incurred is, at the time of the issue of the receipt, unknown to the warehouseman or to his agent who issues it, a statement of the fact that advances have been made or liabilities incurred and the purpose thereof is sufficient.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">A warehouseman is liable to any person injured thereby, for all damage caused by the omission from a negotiable receipt of any of the foregoing terms.</continuation> </section> <section> <num value="1773">§ 1773. </num> <heading>Form of receipts; what terms may be inserted</heading> <chapeau>A warehouseman may insert in a receipt, issued by him, any other terms and conditions, but the terms and conditions may not:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>be contrary to this subchapter; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in anywise impair his obligation to exercise that degree of care in the safe-keeping of the goods intrusted to him which a reasonably careful man would exercise in regard to similar goods of his own.</content> </paragraph> </section> <section> <num value="1774">§ 1774. </num> <heading>Definition of nonnegotiable receipt</heading> <content>A receipt in which it is stated that the goods received will be delivered to the depositor, or to any other specified person, is a nonnegotiable receipt.</content> </section> <section> <num value="1775">§ 1775. </num> <heading>Definition of negotiable receipt</heading> <content> <p class="indent0 firstIndent1 fontsize10">A receipt in which it is stated that the goods received will be delivered to the bearer or to the order of any person named in such receipt is a negotiable receipt.</p> <p class="indent0 firstIndent1 fontsize10">A nonnegotiable provision may not be inserted in a negotiable receipt. Such a provision, if inserted, is void.</p> </content> </section> <section> <num value="1776">§ 1776. </num> <heading>Duplicate receipts must be so marked</heading> <content>When more than one negotiable receipt is issued for the same goods, the word “duplicate” shall be plainly placed upon the face of every such receipt except the one first issued. A warehouseman is liable for all damage caused by his failure so to do to any one who purchases the subsequent receipt for value supposing it to be an original, even though the purchase be after the delivery of the goods by the warehouseman to the holder of the original receipt.</content> </section> <section> <num value="1777">§ 1777. </num> <heading>Failure to mark “not negotiable”</heading> <content> <p class="indent0 firstIndent1 fontsize10">A nonnegotiable receipt shall have plainly placed upon its face by the warehouseman issuing it “nonnegotiable” or “not negotiable.” In case of the warehouseman’s failure so to do, a holder of the receipt who purchases it for value supposing it to be negotiable may, at his option, treat the receipt as imposing upon the warehouseman the same liabilities he would have incurred had the receipt been negotiable.</p> <p class="indent0 firstIndent1 fontsize10">This section does not apply, however, to letters, memoranda, or written acknowledgments of an informal character.</p> </content> </section> </article> <page identifier="/us/stat/76a/159">159</page> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Obligations and Rights of Warehousemen Upon Their Receipts</heading> <section> <num value="1781">§ 1781. </num> <heading>Obligation of warehouseman to deliver</heading> <chapeau>A warehouseman, in the absence of a lawful excuse provided by this subchapter, is bound to deliver the goods upon a demand made either by the holder of a receipt for the goods or by the depositor, if the demand is accompanied with:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an offer to satisfy the warehouseman’s lien;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>an offer to surrender the receipt if negotiable, with such indorsement as would be necessary for the negotiation of the receipt; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a readiness and willingness to sign, when the goods are delivered, an acknowledgment that they have been delivered, if requested by the warehouseman.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">If the warehouseman refuses or fails to deliver the goods in compliance with a demand by the holder or depositor so accompanied, the burden is upon him to establish the existence of a lawful excuse for his refusal.</continuation> </section> <section> <num value="1782">§ 1782. </num> <heading>Justification of warehouseman in delivering</heading> <chapeau>A warehouseman is justified in delivering the goods, subject to sections 1783–1785 of this title, to one who is:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the person lawfully entitled to the possession of the goods, or his agent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a person who is either himself entitled to delivery by the terms of a nonnegotiable receipt issued for the goods, or who has written authority from the person so entitled either indorsed upon the receipt or written upon another paper; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a person in possession of a negotiable receipt by the terms of which the goods are deliverable to him or order or to bearer, or which has been indorsed to him or in blank by the person to whom delivery was promised by the terms of the receipt or by his mediate or immediate indorses.</content> </paragraph> </section> <section> <num value="1783">§ 1783. </num> <heading>Warehouseman’s liability for misdelivery</heading> <chapeau>If a warehouseman delivers the goods to one who is not in fact lawfully entitled to the possession of them, the warehouseman is liable as for conversion to all having a right of property or possession in the goods if he delivered the goods otherwise than as authorized by paragraphs (2) and (3) of section 1782 of this title and though he delivered the goods as authorized by those paragraphs he is so liable, if prior to the delivery he had either:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>been requested, by or on behalf of the person lawfully entitled to a right of property or possession in the goods, not to make delivery; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>had information that the delivery about to be made was to one not lawfully entitled to the possession of the goods.</content> </paragraph> </section> <section> <num value="1784">§ 1784. </num> <heading>Negotiable receipts must be cancelled when goods delivered</heading> <content>Except as provided by section 1809 of this title, if a warehouseman delivers for which he had issued a negotiable receipt the negotiation of which would transfer the right to the possession of the goods, and fails to take up and cancel the receipt, he is liable to anyone who purchases the receipt for value in good faith for failure to deliver the goods to him, whether the purchaser acquired title to the receipt before or after the delivery of the goods by the warehouseman.</content> </section> <page identifier="/us/stat/76a/160">160</page> <section> <num value="1785">§ 1785. </num> <heading>Negotiable receipts must be cancelled or marked when part of goods delivered</heading> <content>Except as provided by section 1809 of this title, if a warehouseman delivers part of the goods for which he had issued a negotiable receipt and fails either to take up and cancel the receipt, or to place plainly upon it a statement of what goods or packages have been delivered, he is liable, to anyone who purchases the receipt for value in good faith, for failure to deliver all the goods specified in the receipt, whether the purchaser acquired title to the receipt before or after the delivery of any portion of the goods by the warehouseman.</content> </section> <section> <num value="1786">§ 1786. </num> <heading>Altered receipts</heading> <chapeau>The alteration of a receipt does not excuse the warehouseman who issued it from any liability if the alteration was:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>immaterial;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>authorized; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>made without fraudulent intent.</content> </paragraph> <continuation> <p class="indent0 firstIndent1 fontsize10">If the alteration was authorized, the warehouseman is liable according to the terms of the receipt as altered. If the alteration was unauthorized, but made without fraudulent intent, the warehouseman is liable according to the terms of the receipt, as they were before alteration.</p> <p class="indent0 firstIndent1 fontsize10">Material and fraudulent alteration of a receipt does not excuse the warehouseman who issued it from liability to deliver, according to the terms of the receipt as originally issued, the goods for which it was issued, but excuses him from any other liability to the person who made the alteration and to any person who took with notice of the alteration. A purchaser of the receipt for value without notice of the alteration acquires the same rights against the warehouseman which the purchaser would have acquired if the receipt had not been altered at the time of the purchase.</p> </continuation> </section> <section> <num value="1787">§ 1787. </num> <heading>Lost or destroyed receipts</heading> <content> <p class="indent0 firstIndent1 fontsize10">If a negotiable receipt has been lost or destroyed, a court of competent jurisdiction may order the delivery of the goods upon satisfactory proof of loss or destruction and upon the giving of a bond with sufficient sureties to be approved by the court to protect the warehouseman from any liability or expense, which he or any person injured by the delivery may incur by reason of the original receipt remaining outstanding. The court may also in its discretion order the payment of the warehouseman’s reasonable costs and counsel fees.</p> <p class="indent0 firstIndent1 fontsize10">The delivery of the goods under an order of the court as provided by this section does not relieve the warehouseman from liability to a person to whom the negotiable receipt has been or shall be negotiated for value without notice of the proceedings or of the delivery of the goods.</p> </content> </section> <section> <num value="1788">§ 1788. </num> <heading>Effect of duplicate receipts</heading> <content>A receipt upon the face of which the word “duplicate” is plainly placed is a representation and warranty, by the warehouseman that the receipt is an accurate copy of an original receipt properly issued and uncancelled at the date of the issue of the duplicate, but imposes upon him no other liability.</content> </section> <section> <num value="1789">§ 1789. </num> <heading>Warehouseman cannot set up title in himself</heading> <content>Title or right to the possession of the goods on the part of the warehouseman, unless it is derived directly or indirectly from a transfer made by the depositor at the time of or subsequent to the deposit for storage, or from the warehouseman’s lien, does not excuse the warehouseman from liability for refusing to deliver the goods according to the terms of the receipt.</content> </section> <page identifier="/us/stat/76a/161">161</page> <section> <num value="1790">§ 1790. </num> <heading>Interpleader of adverse claimants</heading> <content>If more than one person claim the title or possession of the goods, the warehouseman may, either as a defense to an action brought against him for nondelivery of the goods, or as an original suit, whichever is appropriate, require all known claimants to interplead.</content> </section> <section> <num value="1791">§ 1791. </num> <heading>Warehouseman has reasonable time to determine validity of claim</heading> <content>If someone other than the depositor or person claiming under him has a claim to the title or possession of the goods, and the warehouseman has information of the claim, the warehouseman is excused from liability for refusing to deliver the goods, either to the depositor or person claiming under him or to the adverse claimant, until the warehouseman has had a reasonable time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead.</content> </section> <section> <num value="1792">§ 1792. </num> <heading>Adverse title is no defense except as above provided</heading> <content>Except as provided by sections 1790 and 1791 of this title and by sections 1782 and 1809 of this title, a right or title of a third person is not a defense to an action brought by the depositor or person claiming under him against the warehouseman for failure to deliver the goods according to the terms of the receipt.</content> </section> <section> <num value="1793">§ 1793. </num> <heading>Liability for nonexistence or misdescription of goods</heading> <content>A warehouseman is liable to the holder of a receipt, issued by him or on his behalf by an agent or employee the scope of whose actual or apparent authority includes the issuing of warehouse receipts, for damages caused by the nonexistence of the goods or by the failure of the goods to correspond with the description thereof in the receipt at the time of its issue. If, however, the goods are described in a receipt merely by a statement of marks or labels upon them, or upon packages containing them, or by a statement that the goods are said to be goods of a certain kind, or that the packages containing the goods are said to contain goods of a certain kind, or by words of like purport, the statements, if true, do not make liable the warehouseman issuing the receipt, although the goods are not of the kind which the marks or labels upon them indicate, or of the kind they were said to be by the depositor.</content> </section> <section> <num value="1794">§ 1794. </num> <heading>Liability for care of goods</heading> <content>A warehouseman is liable for any loss or injury to the goods caused by his failure to exercise such care in regard to them as a reasonably careful owner of similar goods would exercise, but he shall not be liable, in the absence of an agreement to the contrary, for any loss or injury to the goods which could not have been avoided by the exercise of such care.</content> </section> <section> <num value="1795">§ 1795. </num> <heading>Goods must be kept separate</heading> <content>Except as provided by section 1796 of this title, a warehouseman shall keep the goods as far separate from goods of other depositors and from other goods of the same depositor for which a separate receipt has been issued, as to permit at all times the identification and redelivery of the goods deposited.</content> </section> <section> <num value="1796">§ 1796. </num> <heading>Fungible goods may be commingled, if warehouseman authorized</heading> <content>If authorized by agreement or by custom, a warehouseman may mingle fungible goods with other goods of the same kind and grade. In such a case the various depositors of the mingled goods own the entire mass in common, and each depositor is entitled to such portion thereof as the amount deposited by him bears to the whole.</content> </section> <page identifier="/us/stat/76a/162">162</page> <section> <num value="1797">§ 1797. </num> <heading>Liability of warehouseman to depositors of commingled goods</heading> <content>The warehouseman is severally liable to each depositor for the care and redelivery of his share of the mass to the same extent and under the same circumstances as if the goods had been kept separate.</content> </section> <section> <num value="1798">§ 1798. </num> <heading>Attachment or levy upon goods for which a negotiable receipt has been issued</heading> <content>If goods are delivered to a warehouseman by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for value would bind the owner, and a negotiable receipt is issued for them, they may not thereafter, while in the possession of the warehouseman, be attached by garnishment or otherwise, or be levied upon under an execution, unless the receipt be first surrendered to the warehouseman, or its negotiation enjoined. The warehouseman may not be compelled to deliver up the actual possession of the goods until the receipt is surrendered to him or impounded by the court.</content> </section> <section> <num value="1799">§ 1799. </num> <heading>Creditors’ remedies to reach negotiable receipts</heading> <content>A creditor whose debtor is the owner of a negotiable receipt shall be entitled to such aid from courts of appropriate jurisdiction by injunction and otherwise, in attaching the receipt or in satisfying the claim by means thereof as is allowed at law or in equity, in regard to property which can not readily be attached or levied upon by ordinary legal process.</content> </section> <section> <num value="1800">§ 1800. </num> <heading>What claims are included in the warehouseman’s lien</heading> <content>Subject to section 1803 of this title, a warehouseman has a lien on goods deposited or on the proceeds thereof in his hands, for all lawful charges for storage and preservation of the goods; also for all lawful claims for money advanced, interest, insurance, transportation, labor, weighing, coopering and other charges and expenses in relation to the goods; also for all reasonable charges and expenses for notice, and advertisements of sale, and for sale of the goods where default has been made in satisfying the warehouseman’s lien.</content> </section> <section> <num value="1801">§ 1801. </num> <heading>Against what property the lien may be enforced</heading> <chapeau>Subject to section 1803 of this title, a warehouseman’s lien may be enforced:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>against all goods, whenever deposited, belonging to the person who is liable as debtor for the claims in regard to which the lien is asserted; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>against all goods belonging to others which have been deposited at any time by the person who is liable as debtor for the claims in regard to which the lien is asserted, if the person had been so intrusted with the possession of the goods that a pledge of the same by him at the time of the deposit to one who took the goods in good faith for value would have been valid.</content> </paragraph> </section> <section> <num value="1802">§ 1802. </num> <heading>How the lien may be lost</heading> <chapeau>A warehouseman loses his lien upon goods:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by surrendering possession thereof; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by refusing to deliver the goods when a demand is made with which he is bound to comply under this subchapter.</content> </paragraph> </section> <section> <num value="1803">§ 1803. </num> <heading>Negotiable receipt must state charges for which lien is claimed</heading> <content>If a negotiable receipt is issued for goods, the warehouseman does not have a lien thereon, except for charges for storage of those goods subsequent to the date of the receipt, unless the receipt expressly <page identifier="/us/stat/76a/163">163</page> enumerates other charges for which a lien is claimed. In such a case there shall be a lien for the charges enumerated as far as they are within the provisions of section 1800 of this title, although the amount of the charges so enumerated is not stated in the receipt.</content> </section> <section> <num value="1804">§ 1804. </num> <heading>Warehouseman need not deliver until lien is satisfied</heading> <content>A warehouseman having a lien valid against the person demanding the goods may refuse to deliver the goods to him until the lien is satisfied.</content> </section> <section> <num value="1805">§ 1805. </num> <heading>Warehouseman’s lien does not preclude other remedies</heading> <content>Whether a warehouseman has or has not a lien upon the goods, he is entitled to all remedies allowed by law to a creditor against his debtor for the collection from the depositor of all charges and advances which the depositor has expressly or impliedly contracted with the warehouseman to pay.</content> </section> <section> <num value="1806">§ 1806. </num> <heading>Satisfaction of lien by sale</heading> <chapeau> <p class="indent0 firstIndent1 fontsize10">A warehouseman’s lien for a claim which has become due may be satisfied as follows:</p> <p class="indent0 firstIndent1 fontsize10">The warehouseman shall give a written notice to the person on whose account the goods are held, and to any other person known by the warehouseman to claim an interest in the goods. The notice shall be given by delivery in person or by registered or certified mail addressed to the last known place of business or abode of the person to be notified. The notice shall contain:</p> </chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an itemized statement of the warehouseman’s claim, showing the sum due at the time of the notice and the date or dates when it became due;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a brief description of the goods against which the lien exists;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue, shall be paid on or before a day mentioned, not less than 10 days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a statement that unless the claim is paid within the time specified the goods will be advertised for sale and sold by auction at a specified time and place or by advertising for sealed bids.</content> </paragraph> <continuation> <p class="indent0 firstIndent1 fontsize10">In accordance with the terms of a notice so given, a sale of the goods by auction or by acceptance of a bid may be had to satisfy any valid claim of the warehouseman for which he has a lien on the goods. If the sale is by auction, it shall be had in the place where the lien was acquired, or, if such a place is manifestly unsuitable for the purpose, at the nearest suitable place. After the time for the payment of the claim specified in the notice to the depositor has elapsed, an advertisement of the sale, describing the goods to be sold, and stating the name of the owner or person on whose account the goods are held, and the time and place of the sale, shall be published once a week for two consecutive weeks in a newspaper having general circulation in the Canal Zone. The sale shall be held not less than 15 days from the time of the first publication.</p> <p class="indent0 firstIndent1 fontsize10">From the proceeds of the sale the warehouseman shall satisfy his lien, including the reasonable charges of notice and sale. The balance, if any, of the proceeds shall be held by the warehouseman, and delivered on demand to the person to whom he would have been bound to deliver or justified in delivering the goods. If any balance is not claimed by the rightful owner within one month from the day of the sale, it shall be paid to the Canal Zone Government; and if it is not claimed by the owner thereof or his legal representatives within <page identifier="/us/stat/76a/164">164</page> one year thereafter, it shall be covered into the Treasury of the United States as miscellaneous receipts.</p> <p class="indent0 firstIndent1 fontsize10">At any time before the goods are so sold, any person claiming a right of property or possession therein may pay the warehouseman the amount necessary to satisfy his lien and to pay the reasonable expenses and liabilities incurred in serving and posting notices and preparing for the sale up to the time of the payment. The warehouseman shall deliver the goods to the person making the payment if he is a person entitled, under this subchapter, to the possession of the goods on payment of the charges thereon. Otherwise the warehouseman shall retain possession of the goods according to the terms of the original contract of deposit.</p> </continuation> </section> <section> <num value="1807">§ 1807. </num> <heading>Perishable and hazardous goods</heading> <content> <p class="indent0 firstIndent1 fontsize10">If goods are of a perishable nature, or by keeping will deteriorate greatly in value, or by their odor, leakage, inflammability, or explosive nature will be liable to injure other property, the warehouseman may give such notice to the owner, or to the person in whose name the goods are stored, as is reasonable and possible under the circumstances, to satisfy the lien upon the goods and to remove them from the warehouse, and in the event of the failure of the person to satisfy the lien and to remove the goods within the time so specified, the warehouseman may sell the goods at public or private sale without posting notices. If the warehouseman after a reasonable effort is unable to sell the goods, he may dispose of them in any lawful manner, and shall incur no liability by reason thereof.</p> <p class="indent0 firstIndent1 fontsize10">The proceeds of a sale made under this section shall be disposed of in the same way as the proceeds of sales made pursuant to section 1806 of this title.</p> </content> </section> <section> <num value="1808">§ 1808. </num> <heading>Other methods of enforcing liens</heading> <content>The remedy for enforcing a lien herein provided does not preclude any other remedies allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the warehouseman’s claim as is not paid by the proceeds of the sale of the property.</content> </section> <section> <num value="1809">§ 1809. </num> <heading>Effect of sale</heading> <content>After goods have been lawfully sold to satisfy a warehouseman’s lien, or have been lawfully sold or disposed of because of their perishable or hazardous nature, the warehouseman is not liable for failure to deliver the goods to the depositor, or owner of the goods, or to a holder of the receipt given for the goods when they were deposited, even if the receipt is negotiable.</content> </section> </article> <article> <num class="bold" value="C">Article C—</num><heading class="bold">Negotiation and Transfer of Receipts</heading> <section> <num value="1811">§ 1811. </num> <heading>Negotiation of negotiable receipts by delivery</heading> <chapeau>A negotiable receipt may be negotiated by delivery:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the bearer; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of a specified person, and that person or a subsequent indorsee of the receipt has indorsed it in blank or to bearer.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">Where, by the terms of a negotiable receipt, the goods are deliverable to bearer or where a negotiable receipt has been indorsed in blank or to bearer, any holder may indorse the same to himself or to any other specified person, and in that case the receipt may thereafter be negotiated only by the indorsement of such indorsee.</continuation> </section> <page identifier="/us/stat/76a/165">165</page> <section> <num value="1812">§ 1812. </num> <heading>Negotiation of negotiable receipts by indorsement</heading> <content>A negotiable receipt may be negotiated by the indorsement of the person to whose order the goods are, by the terms of the receipt, deliverable. The indorsement may be in blank, to bearer, or to a specified person. If indorsed to a specified person, it may be again negotiated by the indorsement of that person in blank, to bearer, or to another specified person. Subsequent negotiation may be made in like manner.</content> </section> <section> <num value="1813">§ 1813. </num> <heading>Transfer of receipts</heading> <content> <p class="indent0 firstIndent1 fontsize10">A receipt which is not in such form that it can be negotiated by delivery may be transferred by the holder by delivery to a purchaser or donee.</p> <p class="indent0 firstIndent1 fontsize10">A nonnegotiable receipt may not be negotiated, and the indorsement of such a receipt gives the transferee no additional right.</p> </content> </section> <section> <num value="1814">§ 1814. </num> <heading>Who may negotiate a receipt</heading> <content>A negotiable receipt may be negotiated by any person in possession of it, however possession may have been acquired, if, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of that person or if at the time of negotiation the receipt is in such form that it may be negotiated by delivery.</content> </section> <section> <num value="1815">§ 1815. </num> <heading>Rights of person to whom a receipt has been negotiated</heading> <chapeau>A person to whom a negotiable receipt has been duly negotiated acquires thereby:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>such title to the goods as the person negotiating the receipt to him had or had ability to convey to a purchaser in good faith for value, and also such title to the goods as the depositor or person to whose order the goods were to be delivered by the terms of the receipt had or had ability to convey to a purchaser in good faith for value; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the direct obligation of the warehouseman to hold possession of the goods for him according to the terms of the receipt as fully as if the warehouseman had contracted directly with him.</content> </paragraph> </section> <section> <num value="1816">§ 1816. </num> <heading>Rights of person to whom a receipt has been transferred</heading> <content> <p class="indent0 firstIndent1 fontsize10">A person to whom a receipt has been transferred but not negotiated acquires thereby, as against the transferor, the title to the goods, subject to the term of any agreement with the transferor.</p> <p class="indent0 firstIndent1 fontsize10">If the receipt is nonnegotiable, the person also acquires the right to notify the warehouseman of the transfer to him of the receipt, and thereby to acquire the direct obligation of the warehouseman to hold possession of the goods for him according to the terms of the receipt.</p> <p class="indent0 firstIndent1 fontsize10">Prior to the notification of the warehouseman by the transferor or transferee of a nonnegotiable receipt, the title of the transferee to the goods and the right to acquire the obligation of the warehouseman may be defeated by the levy of an attachment or execution upon the goods by a creditor of the transferor, or by a notification to the warehouseman by the transferor or a subsequent purchaser from the transferor of a subsequent sale of the goods by the transferor.</p> </content> </section> <section> <num value="1817">§ 1817. </num> <heading>Transfer of negotiable receipt without indorsement</heading> <content>If a negotiable receipt is transferred for value by delivery, and the indorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to indorse the receipt, unless a contrary intention appears. The negotiation takes effect as of the time when the indorsement is actually made.</content> </section> <page identifier="/us/stat/76a/166">166</page> <section> <num value="1818">§ 1818. </num> <heading>Warranties on sale of receipt</heading> <chapeau>A person who for value negotiates or transfers a receipt by indorsement or delivery, including one who assigns for value a claim secured by a receipt, unless a contrary intention appears, warrants:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>that the receipt is genuine;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that he has a legal right to negotiate or transfer it;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that he has knowledge of no fact which would impair the validity or worth of the receipt; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>that he has a right to transfer the title to the goods, and that the goods are merchantable or fit for a particular purpose whenever such warranties would have been implied, if the contract of the parties had been to transfer without a receipt the goods represented thereby.</content> </paragraph> </section> <section> <num value="1819">§ 1819. </num> <heading>Indorser not a guarantor</heading> <content>The indorsement of a receipt does not make the indorser liable for any failure on the part of the warehouseman or previous indorsers of the receipt to fulfill their respective obligations.</content> </section> <section> <num value="1820">§ 1820. </num> <heading>Warranty not implied from accepting payment of a debt</heading> <content>A mortgagee, pledgee, or holder for security of a receipt who in good faith demands or receives payment of the debt for which the receipt is security, whether from a party to a draft drawn for such debt or from any other person, is not by so doing deemed to represent or to warrant the genuineness of the receipt or the quantity or quality of the goods therein described.</content> </section> <section> <num value="1821">§ 1821. </num> <heading>When negotiation not impaired by fraud, mistake, or duress</heading> <content>The validity of the negotiation of a receipt is not impaired by the fact that the negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the receipt was deprived of the possession of the same by loss, theft, fraud, accident, mistake, duress, or conversion, if the person to whom the receipt was negotiated, or a person to whom the receipt was subsequently negotiated, paid value therefor, in good faith, without notice of the breach of duty, or loss, theft, fraud, accident, mistake, duress, or conversion.</content> </section> <section> <num value="1822">§ 1822. </num> <heading>Subsequent negotiation</heading> <content>If a person having sold, mortgaged, or pledged goods which are in a warehouse and for which a negotiable receipt has been issued, or having sold, mortgaged, or pledged the negotiable receipt representing the goods, continues in possession of the negotiable receipt, the subsequent negotiation thereof by that person under a sale, or other disposition thereof to a person receiving the same in good faith, for value and without notice of the previous sale, mortgage, or pledge, has the same effect as if the first purchaser of the goods or receipt had expressly authorized the subsequent negotiation.</content> </section> <section> <num value="1823">§ 1823. </num> <heading>Negotiation defeats vendor’s lien</heading> <content>If a negotiable receipt has been issued for goods, a seller’s lien or right of stoppage in transitu does not defeat the rights of a purchaser for value in good faith to whom the receipt has been negotiated, whether the negotiation is prior or subsequent to the notification to the warehouseman who issued the receipt of the seller’s claim to a lien or right of stoppage in transitu. Nor is the warehouseman obliged to deliver or justified in delivering the goods to an unpaid seller unless the receipt is first surrendered for cancellation.</content> </section> </article> <page identifier="/us/stat/76a/167">167</page> <article> <num class="bold" value="D">Article D—</num><heading class="bold">Criminal Offenses</heading> <section> <num value="1831">§ 1831. </num> <heading>Issue of receipt for goods not received</heading> <content>Whoever, being a warehouseman, or an officers agent, or servant of a warehouseman, issues or aids in issuing a receipt knowing that the goods for which it is issued have not been actually received by the warehouseman, or are not under his actual control at the time of issuing the receipt, shall for each such offense, be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</content> </section> <section> <num value="1832">§ 1832. </num> <heading>Issue of receipt containing false statement</heading> <content>Whoever, being a warehouseman, or an officer, agent, or servant of a warehouseman, fraudulently issues or aids in fraudulently issuing a receipt for goods, knowing that it contains any false statement, shall, for each such offense, be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</content> </section> <section> <num value="1833">§ 1833. </num> <heading>Issue of duplicate receipts not so marked</heading> <content>Whoever, being a warehouseman, or an officer, agent, or servant of a warehouseman, issues or aids in issuing a duplicate or additional negotiable receipt for goods, knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncanceled, without plainly placing upon the face thereof the word “Duplicate,” except in the case of a lost or destroyed receipt after proceedings as provided for by section 1787 of this title, shall, for each such offense, be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</content> </section> <section> <num value="1834">§ 1834. </num> <heading>Issue for warehouseman’s goods of receipts which do not state that fact</heading> <content>Where there are deposited with or held by a warehouseman goods of which he is owner, either solely or jointly or in common with others, die warehouseman, or any of his officers, agents, or servants who, knowing this ownership, issues or aids in issuing a negotiable receipt for the goods which does not state the ownership, shall, for each such offense, be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</content> </section> <section> <num value="1835">§ 1835. </num> <heading>Delivery of goods without obtaining negotiable receipt</heading> <content>Except in the cases provided for by sections 1787 and 1809 of this title, whoever, being a warehouseman, or an officer, agent, or servant of a warehouseman, deliver goods out of the possession of the warehouseman, knowing that a negotiable receipt the negotiation of which would transfer the right to the possession of the goods is outstanding and uncanceled, without obtaining the possession of the receipt at or before the time of the delivery, shall, for each such offense, be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</content> </section> <section> <num value="1836">§ 1836. </num> <heading>Negotiation of receipt for mortgaged goods</heading> <content>Whoever deposits goods to which he has not title, or upon which there is a lien or mortgage, and takes for the goods a negotiable receipt which he afterwards negotiates for value with intent to deceive and without disclosing his want of title or the existence of the lien or mortgage, shall, for each such offense, be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</content> </section> </article> <page identifier="/us/stat/76a/168">168</page> <article> <num class="bold" value="E">Article E—</num><heading class="bold">Interpretation</heading> <section> <num value="1841">§ 1841. </num> <heading>Cases not provided for in subchapter</heading> <content>In any case not provided for by this subchapter, the rules of law and equity, including the law merchant, and in particular the rules relating to the law of principal and agent and to the effect of fraud, misrepresentation, duress, or coercion, mistake, or other invalidating cause, govern.</content> </section> <section> <num value="1842">§ 1842. </num> <heading>Interpretation shall give effect to purpose of uniformity</heading> <content>This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.</content> </section> <section> <num value="1843">§ 1843. </num> <heading>Definitions</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline"> <p class="inline">In this subchapter, unless the context or subject matter otherwise requires:</p> <p class="indent0 firstIndent1 fontsize10">“action” includes counterclaim and setoff;</p> <p class="indent0 firstIndent1 fontsize10">“delivery” means voluntary transfer of possession from one person to another;</p> <p class="indent0 firstIndent1 fontsize10">“fungible goods” means goods of which any unit is, from its nature or by mercantile custom, treated as the equivalent of any other unit;</p> <p class="indent0 firstIndent1 fontsize10">“goods” means chattels or merchandise in storage, or which has been or is about to be stored;</p> <p class="indent0 firstIndent1 fontsize10">“holder” of a receipt means a person who has both actual possession of such receipt and a right of property therein;</p> <p class="indent0 firstIndent1 fontsize10">“order” means an order by indorsement on the receipt;</p> <p class="indent0 firstIndent1 fontsize10">“owner” does not include mortgagee or pledgee;</p> <p class="indent0 firstIndent1 fontsize10">“person” includes a corporation or partnership or two or more persons having a joint or common interest;</p> <p class="indent0 firstIndent1 fontsize10">“purchase” includes to take as mortgagee or as pledgee;</p> <p class="indent0 firstIndent1 fontsize10">“purchaser” includes mortgagee and pledgee;</p> <p class="indent0 firstIndent1 fontsize10">“receipt” means a warehouse receipt;</p> <p class="indent0 firstIndent1 fontsize10">“value” means any consideration sufficient to support a simple contract; an antecedent or pre-existing obligation, whether for money or not, constitutes value where a receipt is taken either in satisfaction thereof or as security therefor;</p> <p class="indent0 firstIndent1 fontsize10">“warehouseman” means a person lawfully engaged in the business of storing goods for profit.</p> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A thing is done “in good faith” within the meaning of this subchapter, when it is in fact done honestly, whether it be done negligently or not.</content> </subsection> </section> <section> <num value="1844">§ 1844. </num> <heading>Short title</heading> <content>This subchapter may be cited as the Uniform Warehouse Receipts Act.</content> </section> </article> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Innkeepers</heading> <section> <num value="1871">§ 1871. </num> <heading>Innkeeper’s lien on property of guests</heading> <content> <p class="indent0 firstIndent1 fontsize10">Hotel, inn, boardinghouse, and lodginghouse keepers have a lien upon the baggage and other property belonging to or legally under the control of their guests, boarders, or lodgers which may be in the hotel, inn, or boarding or lodginghouse for the proper charges due from the guests, boarders, or lodgers, for their accommodation board and lodging, and room rent, and such extras as are furnished at their request, and for all money paid for or advanced to the guests, boarders or lodgers, and for the costs of enforcing the lien, with the right to the possession of the baggage and other property until the charges and moneys are paid.</p> <p class="indent0 firstIndent1 fontsize10">Unless the charges and moneys are paid when they become due, the hotel, inn, boardinghouse, or lodginghouse keeper may sell the <page identifier="/us/stat/76a/169">169</page> baggage and property under the conditions prescribed by sections 1806–1809 of this title relating to warehousemen.</p> </content> </section> <section> <num value="1872">§ 1872. </num> <heading>Unclaimed baggage; sale at auction</heading> <content>When a trunk, carpetbag, valise, box, bundle, or other baggage comes into the possession of the keeper of a hotel, inn, or boarding or lodginghouse, and remains unclaimed for a period of three months, he may sell it under the conditions prescribed by sections 1806–1809 of this title relating to warehousemen.</content> </section> </subchapter> <subchapter> <num class="bold" value="VI">Subchapter VI—</num><heading class="bold">Finding</heading> <section> <num value="1891">§ 1891. </num> <heading>Obligation of finder</heading> <content>One who finds a thing lost is not bound to take charge of it, but if he does so he is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire.</content> </section> <section> <num value="1892">§ 1892. </num> <heading>Notice of finding of things or saving of animals; restitution</heading> <content> <p class="indent0 firstIndent1 fontsize10">If the finder of a thing, other than a domestic animal, takes possession thereof or if a person saves such an animal from drowning or starvation, the shall, within a reasonable time, inform the owner thereof, if known, and make restitution to him upon demand, without compensation, except a reasonable charge for saving and caring therefor.</p> <p class="indent0 firstIndent1 fontsize10">If the finder or saver does not know the owner he shall, within five days, file an affidavit with the magistrate of the subdivision in which the finding or saving took place, particularly describing the property and the time, place, and circumstances under which it was found or saved.</p> </content> </section> <section> <num value="1893">§ 1893. </num> <heading>Proof of ownership</heading> <content>The finder of a thing may, in good faith, before giving it up, require reasonable proof of ownership from a person claiming it.</content> </section> <section> <num value="1894">§ 1894. </num> <heading>Reward and compensation to finder</heading> <content>The finder of a thing is entitled to compensation for all expenses necessarily incurred by him in its preservation, and for any other service necessarily performed by him about it, and to a reasonable reward for keeping it.</content> </section> <section> <num value="1895">§ 1895. </num> <heading>Storage of thing found</heading> <content>The finder of a thing may exonerate himself from liability at any time by placing it on storage with any responsible person of good character, at a reasonable expense.</content> </section> <section> <num value="1896">§ 1896. </num> <heading>Sale by finder</heading> <chapeau>The finder of a thing which is commonly the subject of sale, may sell it when the owner cannot, with reasonable diligence, be found, or being found, refuses upon demand to pay the lawful charges of the finder, and when:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the thing is in danger of perishing or of losing the greater part of its value; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the lawful charges of the finder amount to two thirds of its value.</content> </paragraph> </section> <section> <num value="1897">§ 1897. </num> <heading>Manner of sale</heading> <content>A sale pursuant to section 1896 of this title shall be made in the same manner as the sale of a thing pledged.</content> </section> <section> <num value="1898">§ 1898. </num> <heading>Vesting of property in finder</heading> <content>If an owner does not appear within six months after the finding or saving and offer reasonable proof of his ownership, and compensates, <page identifier="/us/stat/76a/170">170</page> or in good faith offer to compensate the finder or saver for the expense necessarily incurred by him, then the property vests in the finder or saver.</content> </section> <section> <num value="1899">§ 1899. </num> <heading>Abandoned things</heading> <content>This subchapter does not apply to things which have been intentionally abandoned by their owners.</content> </section> </subchapter> </chapter> <chapter> <num value="53">CHAPTER 53—</num><heading>DEPOSIT FOR EXCHANGE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1931.</designator> <label>Relations of the parties.</label></referenceItem> </toc> <section> <num value="1931">§ 1931. </num> <heading>Relations of the parties</heading> <content>A deposit for exchange transfers to the depositary the title to the thing deposited, and creates between him and the depositor the relation of debtor and creditor merely.</content> </section> </chapter> <chapter> <num value="55">CHAPTER 55—</num><heading>LOAN</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">loan for use</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1961.</designator> <label>Definition of loan for use.</label></referenceItem> <referenceItem role="section"><designator>1962.</designator> <label>Title to property lent.</label></referenceItem> <referenceItem role="section"><designator>1963.</designator> <label>Care required of borrower.</label></referenceItem> <referenceItem role="section"><designator>1964.</designator> <label>Treatment of animals by borrower.</label></referenceItem> <referenceItem role="section"><designator>1965.</designator> <label>Degree of skill.</label></referenceItem> <referenceItem role="section"><designator>1966.</designator> <label>Borrower to repair injuries.</label></referenceItem> <referenceItem role="section"><designator>1967.</designator> <label>Use of thing lent.</label></referenceItem> <referenceItem role="section"><designator>1968.</designator> <label>Relending forbidden.</label></referenceItem> <referenceItem role="section"><designator>1969.</designator> <label>Expenses of thing lent.</label></referenceItem> <referenceItem role="section"><designator>1970.</designator> <label>Liability of lender for defects.</label></referenceItem> <referenceItem role="section"><designator>1971.</designator> <label>Return of thing lent; time; indemnification for loss.</label></referenceItem> <referenceItem role="section"><designator>1972.</designator> <label>When returnable without demand.</label></referenceItem> <referenceItem role="section"><designator>1973.</designator> <label>Place of return.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">loan for exchange</inline></label></referenceItem> <referenceItem role="section"><designator>1991.</designator> <label>Definition of loan for exchange.</label></referenceItem> <referenceItem role="section"><designator>1992.</designator> <label>Optional loan.</label></referenceItem> <referenceItem role="section"><designator>1993.</designator> <label>Title to property lent.</label></referenceItem> <referenceItem role="section"><designator>1994.</designator> <label>Modification of contract.</label></referenceItem> <referenceItem role="section"><designator>1995.</designator> <label>Applicability of sections 1970, 1972, and 1973.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">loan of money</inline></label></referenceItem> <referenceItem role="section"><designator>2011.</designator> <label>Definition of loan of money.</label></referenceItem> <referenceItem role="section"><designator>2012.</designator> <label>Repayment of loan in current money.</label></referenceItem> <referenceItem role="section"><designator>2013.</designator> <label>Loan presumed to be on interest.</label></referenceItem> <referenceItem role="section"><designator>2014.</designator> <label>Definition of interest.</label></referenceItem> <referenceItem role="section"><designator>2015.</designator> <label>Annual rate.</label></referenceItem> <referenceItem role="section"><designator>2016.</designator> <label>Legal interest.</label></referenceItem> <referenceItem role="section"><designator>2017.</designator> <label>Usurious contracts; principal, only, recoverable.</label></referenceItem> <referenceItem role="section"><designator>2018.</designator> <label>Recovery of usurious interest paid.</label></referenceItem> <referenceItem role="section"><designator>2019.</designator> <label>Evidence of usury.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Loan for Use</heading> <section> <num value="1961">§ 1961. </num> <heading>Definition of loan for use</heading> <content>A loan for use is a contract by which one gives to another the temporary possession and use of personal property, and the latter agrees to return the same thing to him at a future time, without reward for its use.</content> </section> <section> <num value="1962">§ 1962. </num> <heading>Title to property lent</heading> <content>A loan for use does not transfer the title to the thing; and all its increase during the period of the loan belongs to the lender.</content> </section> <page identifier="/us/stat/76a/171">171</page> <section> <num value="1963">§ 1963. </num> <heading>Care required of borrower</heading> <content>A borrower for use shall use great care for the preservation in safety and in good condition of the thing lent.</content> </section> <section> <num value="1964">§ 1964. </num> <heading>Treatment of animals by borrower</heading> <content>One who borrows a living animal for use shall treat it with great kindness and provide everything necessary and suitable for it.</content> </section> <section> <num value="1965">§ 1965. </num> <heading>Degree of skill</heading> <content>A borrower for use shall have and exercise such skill in the care of the thing lent as he causes the lender to believe him to possess.</content> </section> <section> <num value="1966">§ 1966. </num> <heading>Borrower to repair injuries</heading> <content>A borrower for use shall repair all deteriorations or injuries to the thing lent which are occasioned by his negligence, however slight.</content> </section> <section> <num value="1967">§ 1967. </num> <heading>Use of thing lent</heading> <content>The borrower of a thing for use may use it for such purposes only as the lender might reasonably anticipate at the time of lending.</content> </section> <section> <num value="1968">§ 1968. </num> <heading>Relending forbidden</heading> <content>The borrower of a thing for use may not part with it to a third person, without the consent of the lender.</content> </section> <section> <num value="1969">§ 1969. </num> <heading>Expenses of thing lent</heading> <content>The borrower of a thing for use shall bear all its expenses during the loan, except such as are necessarily incurred by him to preserve it from unexpected and unusual injury. For those expenses he is entitled to compensation from the lender, who may, however, exonerate himself by surrendering the thing to the borrower.</content> </section> <section> <num value="1970">§ 1970. </num> <heading>Liability of lender for defects</heading> <content>The lender of a thing for use shall indemnify the borrower for damage caused by defects or vices in it, which he knew at the time of lending, and concealed from the borrower.</content> </section> <section> <num value="1971">§ 1971. </num> <heading>Return of thing lent; time, indemnification for loss</heading> <content>The lender of a thing for use may at any time require its return, even though he lent it for a specified time or purpose. But if, on the faith of such an agreement, the borrower has made such arrangements that a return of the thing before the period agreed upon would cause him loss, exceeding the benefit derived by him from the loan, the lender shall indemnify him for the loss, if he compels the return, the borrower not having in any manner violated his duty.</content> </section> <section> <num value="1972">§ 1972. </num> <heading>When returnable without demand</heading> <content>If a thing is lent for use for a specified time or purpose, it must be returned to the lender without demand, as soon as the time has expired, or the purpose has been accomplished. In other cases it need not be returned until demanded.</content> </section> <section> <num value="1973">§ 1973. </num> <heading>Place of return</heading> <content>The borrower of a thing for use shall return it to the lender, at the place contemplated by the parties at the time of lending; or if a particular place was not so contemplated by them, then at the place where it was at the time.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Loan for Exchange</heading> <section> <num value="1991">§ 1991. </num> <heading>Definition of loan for exchange</heading> <content>A loan for exchange is a contract by which one delivers personal property to another, and the latter agrees to return to the lender a similar thing at a future time, without reward for its use.</content> </section> <page identifier="/us/stat/76a/172">172</page> <section> <num value="1992">§ 1992. </num> <heading>Optional loan</heading> <content>A loan, which the borrower is allowed by the lender to treat as a loan for use, or for exchange, at his option, is subject to all the provisions of this subchapter.</content> </section> <section> <num value="1993">§ 1993. </num> <heading>Title to property lent</heading> <content>By a loan for exchange the title to the thing lent is transferred to the borrower, and he shall bear all its expenses, and is entitled to all its increase.</content> </section> <section> <num value="1994">§ 1994. </num> <heading>Modification of contract</heading> <content>A lender for exchange may not require the borrower to fulfill his obligations at a time, or in a manner, different from that which was originally agreed upon.</content> </section> <section> <num value="1995">§ 1995. </num> <heading>Applicability of sections 1970, 1972, and 1973</heading> <content>Sections 1970, 1972, and 1973 of this title apply to a loan for exchange.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Loan of Money</heading> <section> <num value="2011">§ 2011. </num> <heading>Definition of loan of money</heading> <content>A loan of money is a contract by which one delivers a sum of money to another, and the latter agrees to return at a future time a sum equivalent to that which he borrowed. A loan for mere use is governed by subchapter I of this chapter relating to loan for use.</content> </section> <section> <num value="2012">§ 2012. </num> <heading>Repayment of loan in current money</heading> <content>Unless there is an express contract to the contrary, a borrower of money shall pay the amount due in such money as is current at the time when the loan becomes due, whether the money is worth more or less than the actual money lent.</content> </section> <section> <num value="2013">§ 2013. </num> <heading>Loan presumed to be on interest</heading> <content>Whenever a loan of money is made, it is presumed to be made upon interest, unless it is otherwise expressly stipulated at the time in writing.</content> </section> <section> <num value="2014">§ 2014. </num> <heading>Definition of interest</heading> <content>Interest is the compensation allowed by law or fixed by the parties for the use, or forebearance, or detention of money.</content> </section> <section> <num value="2015">§ 2015. </num> <heading>Annual rate</heading> <content>When a rate of interest is prescribed by a law or contract, without specifying the period of time by which the rate is to be calculated, it is to be deemed an annual rate.</content> </section> <section> <num value="2016">§ 2016. </num> <heading>Legal interest</heading> <content>A rate of interest may not he allowed in excess of 6 per centum per annum upon any contract for the use or detention of money, unless it is in writing and the interest agreed upon may not exceed 12 per centum per annum.</content> </section> <section> <num value="2017">§ 2017. </num> <heading>Usurious contracts; principal, only, recoverable</heading> <content>All contracts whatsoever which may in any way, directly or indirectly, violate section 2016 of this title by stipulating for a greater rate of interest than 12 per centum per annum, are void and of no effect for the amount or value of the interest only; but the principal sum of money or value of the contract may be received and recovered.</content> </section> <section> <num value="2018">§ 2018. </num> <heading>Recovery of usurious interest paid</heading> <content>When the interest received or collected for the use or detention of money exceeds the rate of 12 per centum per annum, it shall be deemed to be usurious, and the persons paying the same, or their legal repre-<page identifier="/us/stat/76a/173">173</page>sentatives, may recover from the person, firm, or corporation receiving such interest, the amount of the interest so received or collected, in any court of competent jurisdiction, within two years from the date of the payment.</content> </section> <section> <num value="2019">§ 2019. </num> <heading>Evidence of usury</heading> <content>Evidence of usury may not be received on the trial of any case unless it is pleaded and verified by the affidavit of the party wishing to avail himself of that defense.</content> </section> </subchapter> </chapter> <chapter> <num value="57">CHAPTER 57—</num><heading>HIRING</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2051.</designator> <label>Hiring defined.</label></referenceItem> <referenceItem role="section"><designator>2052.</designator> <label>Products of thing hired.</label></referenceItem> <referenceItem role="section"><designator>2053.</designator> <label>Quiet possession.</label></referenceItem> <referenceItem role="section"><designator>2054.</designator> <label>Degree of care by hirer.</label></referenceItem> <referenceItem role="section"><designator>2055.</designator> <label>Repairs by hirer.</label></referenceItem> <referenceItem role="section"><designator>2056.</designator> <label>Thing let for a particular purpose.</label></referenceItem> <referenceItem role="section"><designator>2057.</designator> <label>Termination of hiring by letter.</label></referenceItem> <referenceItem role="section"><designator>2058.</designator> <label>Termination of hiring by hirer.</label></referenceItem> <referenceItem role="section"><designator>2059.</designator> <label>Termination of hiring generally.</label></referenceItem> <referenceItem role="section"><designator>2060.</designator> <label>Death or incapacity of party.</label></referenceItem> <referenceItem role="section"><designator>2061.</designator> <label>Apportionment of hire.</label></referenceItem> <referenceItem role="section"><designator>2062.</designator> <label>Obligations of letter of personal property.</label></referenceItem> <referenceItem role="section"><designator>2063.</designator> <label>Ordinary expenses.</label></referenceItem> <referenceItem role="section"><designator>2064.</designator> <label>Extraordinary expenses.</label></referenceItem> <referenceItem role="section"><designator>2065.</designator> <label>Return of thing hired.</label></referenceItem> </toc> <section> <num value="2051">§ 2051. </num> <heading>Hiring defined</heading> <content>Hiring is a contract by which one gives to another the temporary possession and use of property, other than money, for reward, and the latter agrees to return the same to the former at a future time.</content> </section> <section> <num value="2052">§ 2052. </num> <heading>Products of thing hired</heading> <content>The products of a thing hired, during the hiring, belong to the hirer.</content> </section> <section> <num value="2053">§ 2053. </num> <heading>Quiet possession</heading> <content>An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming it.</content> </section> <section> <num value="2054">§ 2054. </num> <heading>Degree of care by hirer</heading> <content>The hirer of a thing shall use ordinary care for its preservation in safety and in good condition.</content> </section> <section> <num value="2055">§ 2055. </num> <heading>Repairs by hirer</heading> <content>The hirer of a thing shall repair all deteriorations or injuries thereto occasioned by his want of ordinary care.</content> </section> <section> <num value="2056">§ 2056. </num> <heading>Thing let for a particular purpose</heading> <content>When a thing is let for a particular purpose the hirer may not use it for any other purpose; and if he does, he is liable to the letter for all damages resulting from such use, or the letter may treat the contract as thereby rescinded.</content> </section> <section> <num value="2057">§ 2057. </num> <heading>Termination of hiring by letter</heading> <chapeau>The letter of a thing may terminate the hiring and reclaim the thing before the end of the term agreed upon when the hirer:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>uses or permits a use of the thing hired in a manner contrary to the agreement of the parties; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>does not, within a reasonable time after request, make such repairs as he is bound to make.</content> </paragraph> </section> <page identifier="/us/stat/76a/174">174</page> <section> <num value="2058">§ 2058. </num> <heading>Termination of hiring by hirer</heading> <chapeau>The hirer of a thing may terminate the hiring before the end of the term agreed upon:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>when the letter does not, within a reasonable time after request, fulfill his obligations, if any, as to placing and securing the hirer in the quiet possession of the thing hired, or putting it into good condition, or repairing; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when the greater part of the thing hired, or that part which was and which the letter had at the time of the hiring reason to believe was the material inducement to the hirer to enter into the contract, perishes from any other causes than the want of ordinary care of the hirer.</content> </paragraph> </section> <section> <num value="2059">§ 2059. </num> <heading>Termination of hiring generally</heading> <chapeau>The hiring of a thing terminates:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>at the end of the term agreed upon;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by the mutual consent of the parties;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by the hirer acquiring a title to the thing hired superior to that of the letter; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by the destruction of the thing hired.</content> </paragraph> </section> <section> <num value="2060">§ 2060. </num> <heading>Death or incapacity of party</heading> <content>If the hiring of a thing is terminable at the pleasure of one of the parties, it is terminated by notice to the other of his death or incapacity to contract. In other cases it is not terminated thereby.</content> </section> <section> <num value="2061">§ 2061. </num> <heading>Apportionment of hire</heading> <content>When the hiring of a thing is terminated before the time originally agreed upon, the hirer shall pay the due proportion of the hire for such use as he has actually made of the thing, unless the use is merely nominal and of no benefit to him.</content> </section> <section> <num value="2062">§ 2062. </num> <heading>Obligations of letter of personal property</heading> <content>One who lets personal property shall deliver it to the hirer, secure his quiet enjoyment thereof against all lawful claimants, put it into a condition fit for the purpose for which he lets it, and repair all deteriorations thereof not occasioned by the fault of the hirer and not the natural result of its use.</content> </section> <section> <num value="2063">§ 2063. </num> <heading>Ordinary expenses</heading> <content>A hirer of personal property shall bear all such expenses concerning it as might naturally be foreseen to attend it during its use by him. All other expenses must be borne by the letter.</content> </section> <section> <num value="2064">§ 2064. </num> <heading>Extraordinary expenses</heading> <content>If a letter fails to fulfill his obligations as prescribed by section 2062 of this title, the hirer, after giving him notice to do so, if notice can conveniently be given, may expend any reasonable amount necessary to make good the letter’s default, and may recover that amount from him.</content> </section> <section> <num value="2065">§ 2065. </num> <heading>Return of thing hired</heading> <content>At the expiration of the term for which personal property is hired, the hirer shall return it to the letter at the place contemplated by the parties at the time of hiring; or, if no particular place was so contemplated by them, at the place at which it was at that time.</content> </section> </chapter> <page identifier="/us/stat/76a/175">175</page> <chapter> <num value="59">CHAPTER 59—</num><heading>SERVICE WITH EMPLOYMENT</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2101.</designator> <label>Employment defined.</label></referenceItem> <referenceItem role="section"><designator>2102.</designator> <label>Government employeees.</label></referenceItem> <referenceItem role="section"><designator>2103.</designator> <label>Scope of chapter.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">obligations of employer</inline></label></referenceItem> <referenceItem role="section"><designator>2121.</designator> <label>Indemnification of employee.</label></referenceItem> <referenceItem role="section"><designator>2122.</designator> <label>Assumption of risk; fellow servant rule; contributory negligence.</label></referenceItem> <referenceItem role="section"><designator>2123.</designator> <label>Negligence of employer.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">obligations of employee</inline></label></referenceItem> <referenceItem role="section"><designator>2151.</designator> <label>Duties of gratuitous employee generally.</label></referenceItem> <referenceItem role="section"><designator>2152.</designator> <label>Gratuitous employee; service by own request; relinquishment.</label></referenceItem> <referenceItem role="section"><designator>2153.</designator> <label>Same; written power of attorney.</label></referenceItem> <referenceItem role="section"><designator>2154.</designator> <label>Duties of employee for reward.</label></referenceItem> <referenceItem role="section"><designator>2155.</designator> <label>Duties of employee for his own benefit.</label></referenceItem> <referenceItem role="section"><designator>2156.</designator> <label>Obedience to employer.</label></referenceItem> <referenceItem role="section"><designator>2157.</designator> <label>Conformity to usage.</label></referenceItem> <referenceItem role="section"><designator>2158.</designator> <label>Degree of skill required.</label></referenceItem> <referenceItem role="section"><designator>2159.</designator> <label>Use of skill possessed.</label></referenceItem> <referenceItem role="section"><designator>2160.</designator> <label>Things which belong to employer.</label></referenceItem> <referenceItem role="section"><designator>2161.</designator> <label>Duty to account.</label></referenceItem> <referenceItem role="section"><designator>2162.</designator> <label>Delivery without demand.</label></referenceItem> <referenceItem role="section"><designator>2163.</designator> <label>Preference to employer.</label></referenceItem> <referenceItem role="section"><designator>2164.</designator> <label>Responsibility for negligence.</label></referenceItem> <referenceItem role="section"><designator>2165.</designator> <label>Surviving employee.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">termination of employment</inline></label></referenceItem> <referenceItem role="section"><designator>2191.</designator> <label>Termination of employment generally.</label></referenceItem> <referenceItem role="section"><designator>2192.</designator> <label>Death or incapacity of employer.</label></referenceItem> <referenceItem role="section"><designator>2193.</designator> <label>Continuance of service in certain cases.</label></referenceItem> <referenceItem role="section"><designator>2194.</designator> <label>Terms of employment.</label></referenceItem> <referenceItem role="section"><designator>2195.</designator> <label>Termination by employer.</label></referenceItem> <referenceItem role="section"><designator>2196.</designator> <label>Termination by employee.</label></referenceItem> <referenceItem role="section"><designator>2197.</designator> <label>Compensation due on dismissal.</label></referenceItem> <referenceItem role="section"><designator>2198.</designator> <label>Compensation due on quitting.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="2101">§ 2101. </num> <heading>Employment defined</heading> <content>The contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer or of a third person.</content> </section> <section> <num value="2102">§ 2102. </num> <heading>Government employees</heading> <content>This chapter and chapters 61 and 63 of this title do not apply to the United States Government or any of its agencies, or to their employees as concerns such employment.</content> </section> <section> <num value="2103">§ 2103. </num> <heading>Scope of chapter</heading> <content>The scope of this chapter is not confined to servants, but includes factors, brokers, carriers, agents, and all similar classes of persons.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Obligations of Employer</heading> <section> <num value="2121">§ 2121. </num> <heading>Indemnification of employee</heading> <content>Except as provided by section 2122 of this title, an employer must indemnify his employee for all that the employee necessarily expends or loses in direct consequence of the discharge of his duties as such, or of his obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying such directions, believed them to be unlawful.</content> </section> <page identifier="/us/stat/76a/176">176</page> <section> <num value="2122">§ 2122. </num> <heading>Assumption of risk; fellow servant rule; contributory negligence</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed nor in consequence of the negligence of another person employed by the same employer in the same general business, unless the negligence causing the injury was committed in the performance of a duty the employer owes by law to the employee, or unless the employer has neglected to use ordinary care in the selection of the culpable employee. However, the employer is liable for injury when the same results from the wrongful act, neglect, or default of any agent or officer of the employer, superior to the employee injured, or of a person employed by the employer having the right to control or direct the services of the employee injured, and also when the injury results from the wrongful act, neglect, or default of a coemployee engaged in another department of labor from that of the employee injured, or employed upon a machine or other appliance other than that upon which the employee injured is employed.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Knowledge by an employee injured of the defective or unsafe character or condition of any machinery, ways, appliances or structures of the employer is not a bar to recovery for any injury or death caused thereby, unless it also appears that the employee fully understood, comprehended and appreciated the dangers incident to the use of the defective machinery, ways, appliances or structures, and thereafter consented to use it, or continued in the use thereof.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Any contract or agreement, express or implied, made by an employee to waive the benefits of this section, or any part thereof, is null and void, and this section does not deprive any employee or his personal representative of any right or remedy to which he is now entitled under the laws of the Canal Zone.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The rules and principles of law as to contributory negligence which apply to other cases apply to cases arising under this section, except insofar as the same are herein modified or changed.</content> </subsection> </section> <section> <num value="2123">§ 2123. </num> <heading>Negligence of employer</heading> <content>An employer shall in all cases indemnify his employee for losses caused by the former’s want of ordinary care.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Obligations of Employee</heading> <section> <num value="2151">§ 2151. </num> <heading>Duties of gratuitous employee generally</heading> <content>One who, without consideration, undertakes to do a service for another, is not bound to perform the same, but if he actually enters upon its performance, he shall use at least slight care and diligence therein.</content> </section> <section> <num value="2152">§ 2152. </num> <heading>Gratuitous employee; service by own request; relinquishment</heading> <content>One who, by his own special request, induces another to intrust him with the performance of a service, shall perform the same fully. In other cases, one who undertakes a gratuitous service may relinquish it at any time.</content> </section> <section> <num value="2153">§ 2153. </num> <heading>Same; written power of attorney</heading> <content>A gratuitous employee, who accepts a written power of attorney, shall act under it as long as it remains in force, or until he gives notice to his employer that he will not do so.</content> </section> <page identifier="/us/stat/76a/177">177</page> <section> <num value="2154">§ 2154. </num> <heading>Duties of employee for reward</heading> <content>One who, for a good consideration, agrees to serve another, shall perform the service, and must use ordinary care and diligence therein, as long as he is thus employed.</content> </section> <section> <num value="2155">§ 2155. </num> <heading>Duties of employee for his own benefit</heading> <content>One who is employed at his own request to do that which is more for his own advantage than for that of his employer, shall use great care and diligence therein to protect the interest of the employer.</content> </section> <section> <num value="2156">§ 2156. </num> <heading>Obedience to employer</heading> <content>An employee shall substantially comply with all the directions of his employer concerning the service on which he is engaged, except where obedience is impossible or unlawful, or would impose new and unreasonable burdens upon the employee.</content> </section> <section> <num value="2157">§ 2157. </num> <heading>Conformity to usage</heading> <content>An employee shall perform his service in conformity to the usage of the place of performance, unless otherwise directed by his employer, or unless it is impracticable or manifestly injurious to his employer to do so.</content> </section> <section> <num value="2158">§ 2158. </num> <heading>Degree of skill required</heading> <content>An employee shall exercise a reasonable degree of skill, unless his employer has notice, before employing him, of his want of skill.</content> </section> <section> <num value="2159">§ 2159. </num> <heading>Use of skill possessed</heading> <content>An employee shall use such skill as he possesses, as far as the same is required, for the service specified.</content> </section> <section> <num value="2160">§ 2160. </num> <heading>Things which belong to employer</heading> <content>Everything which an employee acquires by virtue of his employment, except the compensation, if any, which is due to him from his employer, belongs to the employer, whether acquired lawfully or unlawfully, or during or after the expiration of the term of his employment.</content> </section> <section> <num value="2161">§ 2161. </num> <heading>Duty to account</heading> <content>An employee shall, on demand, render to his employer just accounts of all his transactions in the course of his service, as often as may be reasonable, and shall, without demand, give prompt notice to his employer of everything which he receives for his account.</content> </section> <section> <num value="2162">§ 2162. </num> <heading>Delivery without demand</heading> <content>An employee who receives anything on account of his employer, in any capacity other than that of a mere servant, is not bound to deliver it to the employer until demanded, and may not send it to the employer from a distance, without demand, in any mode involving greater risk than its retention by the employee himself.</content> </section> <section> <num value="2163">§ 2163. </num> <heading>Preference to employer</heading> <content>An employee who has any business to transact on his own account, similar to that intrusted to him by his employer, shall always give the latter the preference.</content> </section> <section> <num value="2164">§ 2164. </num> <heading>Responsibility for negligence</heading> <content>An employee who is guilty of a culpable degree of negligence is liable to his employer for the damage thereby caused to the employer. The employer is liable to the employee, if the service is not gratuitous, for the value of such services only as are properly rendered.</content> </section> <page identifier="/us/stat/76a/178">178</page> <section> <num value="2165">§ 2165. </num> <heading>Surviving employee</heading> <content>Where service is to be rendered by two or more persons jointly, and one of them dies, the survivor shall act alone, if the service to be rendered is such as he can rightly perform without the aid of the deceased person, but not otherwise.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Termination of Employment</heading> <section> <num value="2191">§ 2191. </num> <heading>Termination of employment generally</heading> <chapeau>Employment is terminated by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the expiration of its appointed term;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the extinction of its subject;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the death of the employee; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the employee’s legal incapacity to act as such.</content> </paragraph> </section> <section> <num value="2192">§ 2192. </num> <heading>Death or incapacity of employer</heading> <chapeau>Employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to him of:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>death of the employer; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>legal incapacity of the employer to contract.</content> </paragraph> </section> <section> <num value="2193">§ 2193. </num> <heading>Continuance of service in certain cases</heading> <content>An employee, unless the term of his service has expired, or unless he has a right to discontinue it at any time without notice, shall continue his service after notice of the death or incapacity of his employer, so far as is necessary to protect from serious injury the interests of the employer’s successor in interest, until a reasonable time after notice of the facts has been communicated to the successor. The successor shall compensate the employee for the service according to the terms of the contract of employment.</content> </section> <section> <num value="2194">§ 2194. </num> <heading>Terms of employment</heading> <content>An employment having no specified term may be terminated at the will of either party, on notice to the other. Employment for a specified term means an employment for a period greater than one month.</content> </section> <section> <num value="2195">§ 2195. </num> <heading>Termination by employer</heading> <content>An employment for a specified term may be terminated at any time by the employer in case of willful breach of duty by the employee in the course of his employment, or in case of his habitual neglect of his duty or continued incapacity to perform it.</content> </section> <section> <num value="2196">§ 2196. </num> <heading>Termination by employee</heading> <content>An employment for a specified term may be terminated by the employee at any time in case of willful or permanent breach of the obligations of his employer to him as an employee.</content> </section> <section> <num value="2197">§ 2197. </num> <heading>Compensation due on dismissal</heading> <content>An employee who is not employed for a specified term, and who is dismissed by his employer is entitled to compensation for services rendered up to the time of the dismissal.</content> </section> <section> <num value="2198">§ 2198. </num> <heading>Compensation due on quitting</heading> <content>An employee who is not employed for a specified term and who quits the service of his employer is entitled to compensation for services rendered up to the time of the quitting.</content> </section> </subchapter> </chapter> <page identifier="/us/stat/76a/179">179</page> <chapter> <num value="61">CHAPTER 61—</num><heading>PARTICULAR EMPLOYMENTS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">master and servant</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2231.</designator> <label>Servant defined.</label></referenceItem> <referenceItem role="section"><designator>2232.</designator> <label>Term of hiring; presumptions.</label></referenceItem> <referenceItem role="section"><designator>2233.</designator> <label>Presumption of monthly term and wages.</label></referenceItem> <referenceItem role="section"><designator>2234.</designator> <label>Renewal of hiring.</label></referenceItem> <referenceItem role="section"><designator>2235.</designator> <label>Delivery of things received for master’s account.</label></referenceItem> <referenceItem role="section"><designator>2236.</designator> <label>Grounds for discharge.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">agents</inline></label></referenceItem> <referenceItem role="section"><designator>2251.</designator> <label>Conformity to limits of authority.</label></referenceItem> <referenceItem role="section"><designator>2252.</designator> <label>Duty to keep principal informed.</label></referenceItem> <referenceItem role="section"><designator>2253.</designator> <label>Collecting agent.</label></referenceItem> <referenceItem role="section"><designator>2254.</designator> <label>Responsibility of subagent.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">factors</inline></label></referenceItem> <referenceItem role="section"><designator>2271.</designator> <label>Factor defined.</label></referenceItem> <referenceItem role="section"><designator>2272.</designator> <label>Obedience required from factor.</label></referenceItem> <referenceItem role="section"><designator>2273.</designator> <label>Sales on credit.</label></referenceItem> <referenceItem role="section"><designator>2274.</designator> <label>Liability of factor under guaranty commission.</label></referenceItem> <referenceItem role="section"><designator>2275.</designator> <label>Relief from liability.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Master and Servant</heading> <section> <num value="2231">§ 2231. </num> <heading>Servant defined</heading> <content>A servant is one who is employed to render personal service to his employer, otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control and direction of the latter, who is called his master.</content> </section> <section> <num value="2232">§ 2232. </num> <heading>Term of hiring; presumptions</heading> <content>A servant is presumed to have been hired for such length of time as the parties adopt for the estimation of wages. A hiring at a yearly rate is presumed to be for one year; a hiring at a daily rate, for one day; a hiring by piecework, for no specified term.</content> </section> <section> <num value="2233">§ 2233. </num> <heading>Presumption of monthly term and wages</heading> <content>In the absence of an agreement or custom as to the term of service, the time of payment, or rate or value of wages, a servant is presumed to be hired by the month, at a monthly rate of reasonable wages, to be paid when the service is performed.</content> </section> <section> <num value="2234">§ 2234. </num> <heading>Renewal of hiring</heading> <content>Where, after the expiration of an agreement respecting the wages and the term of service, the parties continue the relation of master and servant, they are presumed to have renewed the agreement for the same wages and term of service.</content> </section> <section> <num value="2235">§ 2235. </num> <heading>Delivery of things received for master’s account</heading> <content>A servant shall deliver to his master, as soon as with reasonable diligence he can find him, everything that he receives for the master’s account, without demand; but the servant is not bound, without orders from his master, to send anything to the master through another person.</content> </section> <section> <num value="2236">§ 2236. </num> <heading>Grounds for discharge</heading> <chapeau>A master may discharge any servant, other than an apprentice, whether engaged for a fixed term or not:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the servant is guilty of misconduct in the course of his service, or of gross immorality, though unconnected with his service; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if, being employed about the person of the master, or in a confidential position, the master discovers that the servant has been guilty of misconduct, before or after the commencement of <page identifier="/us/stat/76a/180">180</page> his service, of such a nature that, if the master had known or contemplated it, he would not have so employed the servant.</content> </paragraph> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Agents</heading> <section> <num value="2251">§ 2251. </num> <heading>Conformity to limits of authority</heading> <content>An agent may not exceed the limits of his actual authority, as defined by chapter 75 of this title on agency.</content> </section> <section> <num value="2252">§ 2252. </num> <heading>Duty to keep principal informed</heading> <content>An agent shall use ordinary diligence to keep his principal informed of his acts in the course of the agency.</content> </section> <section> <num value="2253">§ 2253. </num> <heading>Collecting agent</heading> <content>An agent employed to collect a negotiable instrument shall collect it promptly, and take all measures necessary to charge the parties thereto, in case of its dishonor; and, if it is a bill of exchange, shall present it for acceptance with reasonable diligence.</content> </section> <section> <num value="2254">§ 2254. </num> <heading>Responsibility of subagent</heading> <content>A mere agent of an agent is not responsible as such to the principal of the latter.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Factors</heading> <section> <num value="2271">§ 2271. </num> <heading>Factor defined</heading> <content>A factor is an agent who, in the pursuit of an independent calling, is employed by another to sell property for him, and is vested by the latter with the possession or control of the property, or authorized to receive payment therefor from the purchaser.</content> </section> <section> <num value="2272">§ 2272. </num> <heading>Obedience required from factor</heading> <content>A factor shall obey the instructions of his principal to the same extent as any other employee, notwithstanding any advances he may have made to his principal upon the property consigned to him, except that if the principal forbids him to sell at the market price, he may, nevertheless, sell for his reimbursement, after giving to his principal reasonable notice of his intention to do so, and of the time and place of sale, and proceeding in all respects as a pledgee.</content> </section> <section> <num value="2273">§ 2273. </num> <heading>Sales on credit</heading> <content>A factor may sell property consigned to him on such credit as is usual; but, having once agreed with the purchaser upon the term of credit, may not extend it.</content> </section> <section> <num value="2274">§ 2274. </num> <heading>Liability of factor under guaranty commission</heading> <content>A factor who charges his principal with a guaranty commission upon a sale, thereby assumes absolutely to pay the price when it falls due, as if it were a debt of his own, and not as a mere guarantor for the purchaser; but he does not thereby assume any additional responsibility for the safety of his remittance of the proceeds.</content> </section> <section> <num value="2275">§ 2275. </num> <heading>Relief from liability</heading> <content>A factor who receives property for sale, under a general agreement or usage to guarantee the sales or the remittance of the proceeds, may not relieve himself from responsibility therefor without the consent of his principal.</content> </section> </subchapter> </chapter> <page identifier="/us/stat/76a/181">181</page> <chapter> <num value="63">CHAPTER 63—</num><heading>SERVICE WITHOUT EMPLOYMENT</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2311.</designator> <label>Voluntary interference with property.</label></referenceItem> </toc> <section> <num value="2311">§ 2311. </num> <heading>Voluntary interference with property</heading> <content>One who officiously, and without the consent of the real or apparent owner of a thing, takes it into his possession for the purpose of rendering a service about it, shall complete the service, and use ordinary care, diligence, and reasonable skill about the same. He is not entitled to compensation for his service or expenses, except that he may deduct actual and necessary expenses incurred by him about the service from any profits which his service has caused the thing to acquire for its owner, and shall account to the owner for the residue.</content> </section> </chapter> <chapter> <num value="65">CHAPTER 65—</num><heading>CARRIAGE IN GENERAL</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2341.</designator> <label>Contract of carriage defined.</label></referenceItem> <referenceItem role="section"><designator>2342.</designator> <label>Kinds of carriage.</label></referenceItem> <referenceItem role="section"><designator>2343.</designator> <label>Marine carriers; application of provisions.</label></referenceItem> <referenceItem role="section"><designator>2344.</designator> <label>Obligations of gratuitous carriers.</label></referenceItem> <referenceItem role="section"><designator>2345.</designator> <label>Obligations of gratuitous carrier after commencing carriage.</label></referenceItem> </toc> <section> <num value="2341">§ 2341. </num> <heading>Contract of carriage defined</heading> <content>The contract of carriage is a contract for the conveyance of property, persons, or messages, from one place to another.</content> </section> <section> <num value="2342">§ 2342. </num> <heading>Kinds of carriage</heading> <chapeau>Carriage is either:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>inland; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>marine.</content> </paragraph> </section> <section> <num value="2343">§ 2343. </num> <heading>Marine carriers; application of provisions</heading> <content> <p class="indent0 firstIndent1 fontsize10">This chapter and chapters 67–73 of this title, with the exception of section 2471 of this title, do not apply to marine carriers.</p> <p class="indent0 firstIndent1 fontsize10">Marine carriers, within the meaning of this section, include carriers upon the ocean, upon arms of the sea, and those transiting the Canal from ocean to ocean.</p> </content> </section> <section> <num value="2344">§ 2344. </num> <heading>Obligations of gratuitous carriers</heading> <content>Carriers without reward are subject to the same rules as employees without reward, except as far as is otherwise provided by this chapter and chapters 67–73 of this title.</content> </section> <section> <num value="2345">§ 2345. </num> <heading>Obligations of gratuitous carrier after commencing carriage</heading> <content>A carrier without reward, who has begun to perform his undertaking, shall complete it in like manner as if he had received a reward, unless he restores the person or thing carried to as favorable a position as before he commenced the carriage.</content> </section> </chapter> <chapter> <num value="67">CHAPTER 67—</num><heading>CARRIAGE OF PERSONS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">gratuitous carriage of persons</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2371.</designator> <label>Degree of care required.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">carriage for reward</inline></label></referenceItem> <referenceItem role="section"><designator>2391.</designator> <label>General duties of carrier.</label></referenceItem> <referenceItem role="section"><designator>2392.</designator> <label>Safety of vehicles.</label></referenceItem> <referenceItem role="section"><designator>2393.</designator> <label>Overcrowding or overloading.</label></referenceItem> <referenceItem role="section"><designator>2394.</designator> <label>Treatment of passengers.</label></referenceItem> <referenceItem role="section"><designator>2395.</designator> <label>Rate of speed and delays.</label></referenceItem> </toc> <page identifier="/us/stat/76a/182">182</page> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Gratuitous Carriage of Persons</heading> <section> <num value="2371">§ 2371. </num> <heading>Degree of care required</heading> <content>A carrier of persons without reward shall use ordinary care and diligence for their safe carriage.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Carriage for Reward</heading> <section> <num value="2391">§ 2391. </num> <heading>General duties of carrier</heading> <content>A carrier of persons for reward shall use the utmost care and diligence for their safe carriage, shall provide everything necessary for that purpose, and shall exercise to that end a reasonable degree of skill.</content> </section> <section> <num value="2392">§ 2392. </num> <heading>Safety of vehicles</heading> <content>A carrier of persons for reward shall provide vehicles safe and fit for the purposes to which they are put, and is not excused for default in this respect by any degree of care.</content> </section> <section> <num value="2393">§ 2393. </num> <heading>Overcrowding or overloading</heading> <content>A carrier of persons for reward may not overcrowd or overload his vehicle.</content> </section> <section> <num value="2394">§ 2394. </num> <heading>Treatment of passengers</heading> <content>A carrier of persons for reward shall give to passengers all such accommodations as are usual and reasonable, and shall treat them with civility, and give them a reasonable degree of attention.</content> </section> <section> <num value="2395">§ 2395. </num> <heading>Rate of speed and delays</heading> <content>A carrier of persons for reward shall travel at a reasonable rate of speed, and without any unreasonable delay, or deviation from his proper route.</content> </section> </subchapter> </chapter> <chapter> <num value="69">CHAPTER 69—</num><heading>CARRIAGE OF PROPERTY</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general definitions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2421.</designator> <label>Freight, freightage, consignor, and consignee defined.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">obligations of carrier</inline></label></referenceItem> <referenceItem role="section"><designator>2441.</designator> <label>Care and diligence required of carriers.</label></referenceItem> <referenceItem role="section"><designator>2442.</designator> <label>Obedience to directions.</label></referenceItem> <referenceItem role="section"><designator>2443.</designator> <label>Conflict of orders.</label></referenceItem> <referenceItem role="section"><designator>2444.</designator> <label>Delivery of freight.</label></referenceItem> <referenceItem role="section"><designator>2445.</designator> <label>Notice of arrival to consignee.</label></referenceItem> <referenceItem role="section"><designator>2446.</designator> <label>Failure of consignee to accept and remove freight.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">bills of lading</inline></label></referenceItem> <referenceItem role="section"><designator>2471.</designator> <label>Application of Federal Bill of Lading Act to shipments wholly within Canal Zone.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">freightage</inline></label></referenceItem> <referenceItem role="section"><designator>2491.</designator> <label>Time for payment of freightage.</label></referenceItem> <referenceItem role="section"><designator>2492.</designator> <label>Consignor’s liability.</label></referenceItem> <referenceItem role="section"><designator>2493.</designator> <label>Consignee’s liability.</label></referenceItem> <referenceItem role="section"><designator>2494.</designator> <label>Natural increase of freight.</label></referenceItem> <referenceItem role="section"><designator>2495.</designator> <label>Apportionment by contract.</label></referenceItem> <referenceItem role="section"><designator>2496.</designator> <label>Apportionment upon partial delivery.</label></referenceItem> <referenceItem role="section"><designator>2497.</designator> <label>Apportionment according to distance.</label></referenceItem> <referenceItem role="section"><designator>2498.</designator> <label>Freight carried farther or faster than agreed.</label></referenceItem> <referenceItem role="section"><designator>2499.</designator> <label>Carrier’s lien.</label></referenceItem> </toc> <page identifier="/us/stat/76a/183">183</page> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Definitions</heading> <section> <num value="2421">§ 2421. </num> <heading>Freight, freightage, consignor, and consignee defined</heading> <content>Property carried is called freight; the reward, if any, to be paid for its carriage is called freightage; the person who delivers the freight to the carrier is called the consignor; and the person to whom it is to be delivered is called the consignee.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Obligations of Carrier</heading> <section> <num value="2441">§ 2441. </num> <heading>Care and diligence required of carriers</heading> <content>A carrier of property for reward shall use at least ordinary care and diligence in the performance of all his duties. A carrier without reward shall use at least slight care and diligence.</content> </section> <section> <num value="2442">§ 2442. </num> <heading>Obedience to directions</heading> <content>A carrier shall comply with the directions of the consignor or consignee to the same extent that an employee is bound to comply with those of his employer.</content> </section> <section> <num value="2443">§ 2443. </num> <heading>Conflict of orders</heading> <content>When the directions of a consignor and consignee are conflicting, the carrier shall comply with those of the consignor in respect to all matters except the delivery of the freight, as to which he shall comply with the directions of the consignee, unless the consignor has specially forbidden the carrier to receive orders from the consignee inconsistent with his own.</content> </section> <section> <num value="2444">§ 2444. </num> <heading>Delivery of freight</heading> <content>A carrier of property shall deliver it to the consignee, at the place to which it is addressed, in the manner usual at that place.</content> </section> <section> <num value="2445">§ 2445. </num> <heading>Notice of arrival to consignee</heading> <content>If, for any reason, a carrier does not deliver freight to the consignee or his agent personally, he shall notify the consignee of its arrival, and keep the same in safety, upon his responsibility as a warehouseman, until the consignee has had a reasonable time to remove it. If the place of residence or business of the consignee is unknown to the carrier, he may give the notice by letter mailed in the nearest post office.</content> </section> <section> <num value="2446">§ 2446. </num> <heading>Failure of consignee to accept and remove freight</heading> <content>If a consignee does not accept and remove freight within 72 hours after the carrier has fulfilled his obligation to deliver, or duly offered to fulfill the same, the rights and duties of the carrier shall thereafter he the same as those of a warehouseman as provided in subchapter IV of chapter 151 of this title.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Bills of Lading</heading> <section> <num value="2471">§ 2471. </num> <heading>Application of Federal Bill of Lading Act to shipments wholly within Canal Zone</heading> <content>The Federal Bill of Lading Act (49 U.S.C., secs. 81–124) applies to shipments wholly within the Canal Zone.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Freightage</heading> <section> <num value="2491">§ 2491. </num> <heading>Time for payment of freightage</heading> <content>A carrier may require his freightage to be paid upon his receiving the freight; but if he does not demand it then, he may not until he is ready to deliver the freight to the consignee.</content> </section> <page identifier="/us/stat/76a/184">184</page> <section> <num value="2492">§ 2492. </num> <heading>Consignor’s liability</heading> <content>The consignor of freight is presumed to be liable for the freightage, but if the contract between him and the carrier provides that the consignee shall pay it, and the carrier allows the consignee to take the freight, he may not afterwards recover the freightage from the consignor.</content> </section> <section> <num value="2493">§ 2493. </num> <heading>Consignee’s liability</heading> <content>The consignee of freight is liable for the freightage if he accepts the freight with notice of the intention of the consignor that he pay it.</content> </section> <section> <num value="2494">§ 2494. </num> <heading>Natural increase of freight</heading> <content>Freightage may not be charged upon the natural increase of freight.</content> </section> <section> <num value="2495">§ 2495. </num> <heading>Apportionment by contract</heading> <content>If freightage is apportioned by a bill of lading or other contract made between a consignor and carrier, the carrier is entitled to payment, according to the apportionment, for as much as he delivers.</content> </section> <section> <num value="2496">§ 2496. </num> <heading>Apportionment upon partial delivery</heading> <content>If a part of the freight is accepted by a consignee, without specific objection that the rest is not delivered, the freightage must be apportioned and paid as to that part, though not apportioned in the original contract.</content> </section> <section> <num value="2497">§ 2497. </num> <heading>Apportionment according to distance</heading> <content>If a consignee voluntarily receives freight at a place short of the one appointed for delivery, the carrier is entitled to a just proportion of the freightage, according to distance. If the carrier, being ready and willing, offers to complete the transit, he is entitled to the full freightage. If he does not thus offer completion, and the consignee receives the freight only from necessity, the carrier is not entitled to any freightage.</content> </section> <section> <num value="2498">§ 2498. </num> <heading>Freight carried farther or faster than agreed</heading> <content>If freight is carried farther, or more expeditiously, than was agreed upon by the parties, the carrier is not entitled to additional compensation, and may not refuse to deliver it, on the demand of the consignee, at the place and time of its arrival.</content> </section> <section> <num value="2499">§ 2499. </num> <heading>Carrier’s lien</heading> <content>A carrier has a lien for freightage and for services rendered at the request of the shipper or consignee in and about the transportation, care, and preservation of the property, and he also has a lien for money advanced at the request of the shipper or consignee to discharge a prior lien. His rights to the lien are regulated by chapters 97–103 of this title on liens. The lien may be enforced in the manner provided by sections 1806–1809 of this title relating to warehousemen.</content> </section> </subchapter> </chapter> <chapter> <num value="71">CHAPTER 71—</num><heading>CARRIAGE OF MESSAGES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2531.</designator> <label>Degree of care and diligence required.</label></referenceItem> </toc> <section> <num value="2531">§ 2531. </num> <heading>Degree of care and diligence required</heading> <content>A carrier of messages for reward shall use great care and diligence in the transmission and delivery of messages.</content> </section> </chapter> <page identifier="/us/stat/76a/185">185</page> <chapter> <num value="73">CHAPTER 73—</num><heading>COMMON CARRIERS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">common carriers in general</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2561.</designator> <label>Common carrier defined.</label></referenceItem> <referenceItem role="section"><designator>2562.</designator> <label>Obligation to accept freight.</label></referenceItem> <referenceItem role="section"><designator>2563.</designator> <label>Compensation.</label></referenceItem> <referenceItem role="section"><designator>2564.</designator> <label>Limitation of obligations.</label></referenceItem> <referenceItem role="section"><designator>2565.</designator> <label>Exoneration agreements.</label></referenceItem> <referenceItem role="section"><designator>2566.</designator> <label>Acceptance of ticket, bill of lading or written contract.</label></referenceItem> <referenceItem role="section"><designator>2567.</designator> <label>Loss of valuable letters.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">common carriers of persons</inline></label></referenceItem> <referenceItem role="section"><designator>2591.</designator> <label>Liability for luggage.</label></referenceItem> <referenceItem role="section"><designator>2592.</designator> <label>Regulations for conduct of business.</label></referenceItem> <referenceItem role="section"><designator>2593.</designator> <label>Payment of fare.</label></referenceItem> <referenceItem role="section"><designator>2594.</designator> <label>Ejection of passengers.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">common carriers of property</inline></label></referenceItem> <referenceItem role="section"><designator>2621.</designator> <label>Liability of inland carriers for loss.</label></referenceItem> <referenceItem role="section"><designator>2622.</designator> <label>Application of exceptions.</label></referenceItem> <referenceItem role="section"><designator>2623.</designator> <label>Liability for delay.</label></referenceItem> <referenceItem role="section"><designator>2624.</designator> <label>Valuables; limitation of liability.</label></referenceItem> <referenceItem role="section"><designator>2625.</designator> <label>Delivery of freight beyond usual route.</label></referenceItem> <referenceItem role="section"><designator>2626.</designator> <label>Proof in case of loss.</label></referenceItem> <referenceItem role="section"><designator>2627.</designator> <label>Services other than carriage and delivery.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Common Carriers in General</heading> <section> <num value="2561">§ 2561. </num> <heading>Common carrier defined</heading> <content>Everyone who offers to the public to carry persons, property, or messages is a common carrier of whatever he thus offers to carry.</content> </section> <section> <num value="2562">§ 2562. </num> <heading>Obligation to accept freight</heading> <content>A common carrier shall, if able to do so, accept and carry whatever is offered to him, at a reasonable time and place, of a kind that he undertakes or is accustomed to carry.</content> </section> <section> <num value="2563">§ 2563. </num> <heading>Compensation</heading> <content>A common carrier is entitled to a reasonable compensation and no more, which he may require to be paid in advance. If payment thereof is refused, he may refuse to carry.</content> </section> <section> <num value="2564">§ 2564. </num> <heading>Limitation of obligations</heading> <content>The obligations of a common carrier may not be limited by general notice on his part, but may be limited by special contract.</content> </section> <section> <num value="2565">§ 2565. </num> <heading>Exoneration agreements</heading> <content>A common carrier may not be exonerated, by any agreement made in anticipation thereof, from liability for the gross negligence, fraud, or willful wrong of himself or his servants.</content> </section> <section> <num value="2566">§ 2566. </num> <heading>Acceptance of ticket, bill of lading or written contract</heading> <content>Where a passenger or consignor receives a ticket, bill of lading, or written contract for carriage and makes no objection to its terms or conditions at the time he receives it, neither the passenger or consignor, nor any person who accepts delivery of the goods, nor any person who seeks to enforce any provision of the ticket, bill of lading, or written contract for carriage, may deny that he is bound by the terms and conditions, as far as they are not contrary to law or public policy.</content> </section> <section> <num value="2567">§ 2567. </num> <heading>Loss of valuable letters</heading> <content>A common carrier is not responsible for loss or miscarriage of a letter, or package having the form of a letter, containing money or notes, bills of exchange, or other papers of value, unless he be informed at the time of its receipt of the value of its contents.</content> </section> </subchapter> <page identifier="/us/stat/76a/186">186</page> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Common Carriers of Persons</heading> <section> <num value="2591">§ 2591. </num> <heading>Liability for luggage</heading> <content>The liability of a carrier for luggage received by him with a passenger is the same as that of a common carrier of property.</content> </section> <section> <num value="2592">§ 2592. </num> <heading>Regulations for conduct of business</heading> <content>A common carrier of persons may make rules for the conduct of his business, and may require passengers to conform to them, if they are lawful, public, uniform in their application, and reasonable.</content> </section> <section> <num value="2593">§ 2593. </num> <heading>Payment of fare</heading> <content>A common carrier may demand the fare of passengers, either at starting or at any subsequent time.</content> </section> <section> <num value="2594">§ 2594. </num> <heading>Ejection of passengers</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A passenger who refuses to pay his fare or to conform to any lawful regulation of the carrier may be ejected from the vehicle by the carrier with as little violence as possible, at any usual stopping place or near a dwelling house.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>After having ejected a passenger, a carrier may not require the payment of any part of his fare.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Common Carriers of Property</heading> <section> <num value="2821">§ 2821. </num> <heading>Liability of inland carriers for loss</heading> <chapeau>Unless the consignor accompanies the freight and retains exclusive control thereof, an inland common carrier of property is liable, from the time that he accepts until he relieves himself from liability pursuant to sections 2444–2446 of this title, for the loss or injury thereof from any cause whatever, except:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an inherent defect, vice, or weakness, or a spontaneous action, of the property itself;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the act of a public enemy of the United States;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the act of the law; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>an irresistible superhuman cause.</content> </paragraph> </section> <section> <num value="2622">§ 2622. </num> <heading>Application of exceptions</heading> <content>A common carrier is liable, even in the cases excepted by section 2621 of this title, if his want of ordinary care exposes the property to the cause of the loss.</content> </section> <section> <num value="2623">§ 2623. </num> <heading>Liability for delay</heading> <content>A common carrier is liable for delay only when it is caused by his want of ordinary care and diligence.</content> </section> <section> <num value="2624">§ 2624. </num> <heading>Valuables; limitation of liability</heading> <content>A common carrier of gold, silver, platinum, or precious stones, or of imitations thereof, in a manufactured or unmanufactured state; of timepieces of any description; of negotiable paper or other valuable writings; of pictures, glass, or chinaware; of statuary, silk or laces; or of plated ware of any kind, is not liable for more than $50 upon the loss or injury of any one package of such articles, unless he has notice, upon his receipt thereof, by mark upon the package, or otherwise, of the nature of the freight; nor is he liable upon any package carried for more than the value of the articles named in the receipt or the bill of lading.</content> </section> <section> <num value="2625">§ 2625. </num> <heading>Delivery of freight beyond usual route</heading> <content>If a common carrier accepts freight for a place beyond his usual route, he shall, unless he stipulates otherwise, deliver it at the end of his route in that direction to another competent carrier carrying <page identifier="/us/stat/76a/187">187</page> to the place of address or connected with those who thus carry, and his liability ceases upon malting such a delivery.</content> </section> <section> <num value="2626">§ 2626. </num> <heading>Proof in case of loss</heading> <content>If freight addressed to a place beyond the usual route of the common carrier who first received it is lost or injured, he shall, within a reasonable time after demand, give satisfactory proof to the consignor, that the loss or injury did not occur while it was in his charge, or he will be himself liable therefor.</content> </section> <section> <num value="2627">§ 2627. </num> <heading>Services other than carriage and delivery</heading> <content>In respect of any service rendered about freight by a common carrier, other than its carriage and delivery, his rights and obligations are defined by chapters 49–53 of this title, relating to deposit, and chapters 59–63 of this title, relating to service.</content> </section> </subchapter> </chapter> <chapter> <num value="75">CHAPTER 75—</num><heading>AGENCY IN GENERAL</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">definitions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2661.</designator> <label>Agent and agency defined.</label></referenceItem> <referenceItem role="section"><designator>2662.</designator> <label>Capacity to appoint or be agent.</label></referenceItem> <referenceItem role="section"><designator>2663.</designator> <label>General or special agents.</label></referenceItem> <referenceItem role="section"><designator>2664.</designator> <label>Actual or ostensible agency.</label></referenceItem> <referenceItem role="section"><designator>2665.</designator> <label>Actual agency defined.</label></referenceItem> <referenceItem role="section"><designator>2666.</designator> <label>Ostensible agency defined.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">authority of agents</inline></label></referenceItem> <referenceItem role="section"><designator>2691.</designator> <label>Scope of authority.</label></referenceItem> <referenceItem role="section"><designator>2692.</designator> <label>Performance of acts required of principal by this title.</label></referenceItem> <referenceItem role="section"><designator>2693.</designator> <label>Defrauding principal.</label></referenceItem> <referenceItem role="section"><designator>2694.</designator> <label>Creation of agency.</label></referenceItem> <referenceItem role="section"><designator>2695.</designator> <label>Consideration unnecessary.</label></referenceItem> <referenceItem role="section"><designator>2696.</designator> <label>Oral or written authorizations.</label></referenceItem> <referenceItem role="section"><designator>2697.</designator> <label>Ratification of part of transaction.</label></referenceItem> <referenceItem role="section"><designator>2698.</designator> <label>Ratification of agent’s act.</label></referenceItem> <referenceItem role="section"><designator>2699.</designator> <label>When ratification void.</label></referenceItem> <referenceItem role="section"><designator>2700.</designator> <label>Third persons; effect of ratification.</label></referenceItem> <referenceItem role="section"><designator>2701.</designator> <label>Rescission of ratification.</label></referenceItem> <referenceItem role="section"><designator>2702.</designator> <label>Measure of agent’s authority.</label></referenceItem> <referenceItem role="section"><designator>2703.</designator> <label>Actual authority defined.</label></referenceItem> <referenceItem role="section"><designator>2704.</designator> <label>Ostensible authority defined.</label></referenceItem> <referenceItem role="section"><designator>2705.</designator> <label>Agent’s authority as to persons having notice of restrictions.</label></referenceItem> <referenceItem role="section"><designator>2706.</designator> <label>Necessary authority.</label></referenceItem> <referenceItem role="section"><designator>2707.</designator> <label>Power to disobey instructions.</label></referenceItem> <referenceItem role="section"><designator>2708.</designator> <label>Authority given in general and specific terms.</label></referenceItem> <referenceItem role="section"><designator>2709.</designator> <label>Exceptions to general authority.</label></referenceItem> <referenceItem role="section"><designator>2710.</designator> <label>Authority to sell personal property.</label></referenceItem> <referenceItem role="section"><designator>2711.</designator> <label>Authority of general agent to receive price.</label></referenceItem> <referenceItem role="section"><designator>2712.</designator> <label>Authority of special agent to receive price.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">mutual obligations of principals and third persons</inline></label></referenceItem> <referenceItem role="section"><designator>2731.</designator> <label>Principal’s rights and liabilities from agent’s acts.</label></referenceItem> <referenceItem role="section"><designator>2732.</designator> <label>Incomplete execution of authority.</label></referenceItem> <referenceItem role="section"><designator>2733.</designator> <label>Notice to principal or agent.</label></referenceItem> <referenceItem role="section"><designator>2734.</designator> <label>Obligation of principal when agent exceeds authority.</label></referenceItem> <referenceItem role="section"><designator>2735.</designator> <label>Acts under ostensible authority.</label></referenceItem> <referenceItem role="section"><designator>2736.</designator> <label>Exclusive credit to agent.</label></referenceItem> <referenceItem role="section"><designator>2737.</designator> <label>Person dealing with agent without knowledge of agency.</label></referenceItem> <referenceItem role="section"><designator>2738.</designator> <label>Instrument intended to bind principal.</label></referenceItem> <referenceItem role="section"><designator>2739.</designator> <label>Principal’s responsibility for agent’s negligence, wrongful act, or omission.</label></referenceItem> <referenceItem role="section"><designator>2740.</designator> <label>Responsibility for agent’s other wrongs.</label></referenceItem> <page identifier="/us/stat/76a/188">188</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">obligations of agents to third persons</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2761.</designator> <label>Warranty of authority.</label></referenceItem> <referenceItem role="section"><designator>2762.</designator> <label>Agent’s responsibility to third persons.</label></referenceItem> <referenceItem role="section"><designator>2763.</designator> <label>Surrender of property to third person.</label></referenceItem> <referenceItem role="section"><designator>2764.</designator> <label>Application of chapter on persons.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">delegation of agency</inline></label></referenceItem> <referenceItem role="section"><designator>2781.</designator> <label>Agent’s delegation of powers.</label></referenceItem> <referenceItem role="section"><designator>2782.</designator> <label>Unauthorized subagent.</label></referenceItem> <referenceItem role="section"><designator>2783.</designator> <label>Authorized subagent.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vi</inline>—</designator><label><inline class="smallCaps">termination of agency</inline></label></referenceItem> <referenceItem role="section"><designator>2801.</designator> <label>Termination generally.</label></referenceItem> <referenceItem role="section"><designator>2802.</designator> <label>Revocation, death, or incapacity of principal.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Definitions</heading> <section> <num value="2661">§ 2661. </num> <heading>Agent and agency defined</heading> <content>An agent is one who represents another, called the principal, in dealings with third persons. Such a representation is called agency.</content> </section> <section> <num value="2662">§ 2662. </num> <heading>Capacity to appoint or be agent</heading> <content>Any person having capacity to contract may appoint an agent, and any person may be an agent.</content> </section> <section> <num value="2663">§ 2663. </num> <heading>General or special agents</heading> <content>An agent for a particular act or transaction is called a special agent. All others are general agents.</content> </section> <section> <num value="2664">§ 2664. </num> <heading>Actual or ostensible agency</heading> <content>An agency is either actual or ostensible.</content> </section> <section> <num value="2665">§ 2665. </num> <heading>Actual agency defined</heading> <content>An agency is actual when the agent is really employed by the principal.</content> </section> <section> <num value="2666">§ 2666. </num> <heading>Ostensible agency defined</heading> <content>An agency is ostensible when the principal intentionally, or by want of ordinary cure, causes a third person to believe another who is not really employed by him to be his agent.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Authority of Agents</heading> <section> <num value="2691">§ 2691. </num> <heading>Scope of authority</heading> <content>An agent may be authorized to do any acts which his principal might do, except those to which the latter is bound to give his personal attention.</content> </section> <section> <num value="2692">§ 2692. </num> <heading>Performance of acts required of principal by this title</heading> <content>Every act which, according to this title, may be done by or to any person, may be done by or to the agent of that person for that purpose, unless a contrary intention clearly appears.</content> </section> <section> <num value="2693">§ 2693. </num> <heading>Defrauding principal</heading> <content>An agent may never have authority, either actual or ostensible, to do an act which is, and is known or suspected by the person with whom he deals to be, a fraud upon the principal.</content> </section> <section> <num value="2694">§ 2694. </num> <heading>Creation of agency</heading> <content>An agency may be created, and an authority may be conferred, by a precedent authorization or a subsequent ratification.</content> </section> <page identifier="/us/stat/76a/189">189</page> <section> <num value="2695">§ 2695. </num> <heading>Consideration unnecessary</heading> <content>A consideration is not necessary to make an authority, whether precedent or subsequent, binding upon the principal.</content> </section> <section> <num value="2696">§ 2696. </num> <heading>Oral or written authorizations</heading> <content>An oral authorization is sufficient for any purpose, except that an authority to enter into a contract required by law to be in writing may be given only by an instrument in writing.</content> </section> <section> <num value="2697">§ 2697. </num> <heading>Ratification of part of transaction</heading> <content>Ratification of part of an indivisible transaction is a ratification of the whole.</content> </section> <section> <num value="2698">§ 2698. </num> <heading>Ratification of agent’s act</heading> <content>A ratification may be made only in the manner that would have been necessary to confer an original authority for the act ratified, or where an oral authorization would suffice, by accepting or retaining the benefit of the act with notice thereof.</content> </section> <section> <num value="2699">§ 2699. </num> <heading>When ratification void</heading> <content>A ratification is not valid unless, at the time of ratifying the act done, the principal has power to confer authority for such an act.</content> </section> <section> <num value="2700">§ 2700. </num> <heading>Third persons; effect of ratification</heading> <content>An unauthorized act may not be made valid, retroactively, to the prejudice of third persons, without their consent.</content> </section> <section> <num value="2701">§ 2701. </num> <heading>Rescission of ratification</heading> <content>A ratification may be rescinded only if made without such consent as is required in a contract, or with an imperfect knowledge of the material facts of the transaction ratified.</content> </section> <section> <num value="2702">§ 2702. </num> <heading>Measure of agent’s authority</heading> <content>An agent has such authority as the principal, actually or ostensibly, confers upon him.</content> </section> <section> <num value="2703">§ 2703. </num> <heading>Actual authority defined</heading> <content>Actual authority is such as a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe himself to possess.</content> </section> <section> <num value="2704">§ 2704. </num> <heading>Ostensible authority defined</heading> <content>Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess.</content> </section> <section> <num value="2705">§ 2705. </num> <heading>Agent’s authority as to persons having notice of restrictions</heading> <content>An agent has actually such authority as is defined by this chapter and chapter 77 of this title, unless specially deprived thereof by his principal, and has even then such authority ostensibly, except as to persons who have actual or constructive notice of the restriction upon his authority.</content> </section> <section> <num value="2706">§ 2706. </num> <heading>Necessary authority</heading> <chapeau>An agent may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>do everything necessary or proper and usual, in the ordinary course of business, for effecting the purpose of his agency; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>make a representation respecting any matter of fact, not including the terms of his authority, but upon which his right to use his authority depends, and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made.</content> </paragraph> </section> <page identifier="/us/stat/76a/190">190</page> <section> <num value="2707">§ 2707. </num> <heading>Power to disobey instructions</heading> <content>An agent may disobey instructions in dealing with the subject of the agency, in cases where it is clearly for the interests of his principal that he should do so, and there is not time to communicate with the principal.</content> </section> <section> <num value="2708">§ 2708. </num> <heading>Authority given in general and specific terms</heading> <content>When an authority is given partly in general and partly in specific terms, the general authority gives no higher powers than those specifically mentioned.</content> </section> <section> <num value="2709">§ 2709. </num> <heading>Exceptions to general authority</heading> <chapeau>An authority expressed in general terms, however broad, does not authorize an agent to:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>act in his own name, unless it is the usual course of business to do so;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>define the scope of his agency; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>do any act which a trustee is forbidden to do by sections 3531–3541 of Title 7.</content> </paragraph> </section> <section> <num value="2710">§ 2710. </num> <heading>Authority to sell personal property</heading> <content>An authority to sell personal property includes authority to warrant the title of the principal and the quality and quantity of the property.</content> </section> <section> <num value="2711">§ 2711. </num> <heading>Authority of general agent to receive price</heading> <content>A general agent to sell, who is intrusted by the principal with the possession of the thing sold, may receive the price.</content> </section> <section> <num value="2712">§ 2712. </num> <heading>Authority of special agent to receive price</heading> <content>A special agent to sell may receive the price on delivery of the thing sold, but not afterwards.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Mutual Obligations of Principals and Third Persons</heading> <section> <num value="2731">§ 2731. </num> <heading>Principal’s rights and liabilities from agent’s acts</heading> <content>An agent represents his principal for all purposes within the scope of his actual or ostensible authority, and all the rights and liabilities which would accrue to the agent from transactions within that limit, if they had been entered into on his own account, accrue to the principal.</content> </section> <section> <num value="2732">§ 2732. </num> <heading>Incomplete execution of authority</heading> <content>A principal is bound by an incomplete execution of an authority only when it is consistent with the whole purpose and scope thereof.</content> </section> <section> <num value="2733">§ 2733. </num> <heading>Notice to principal or agent</heading> <content>As against a principal, both principal and agent are deemed to have notice of whatever either has notice of, and ought, in good faith and the exercise of ordinary care and diligence, to communicate to the other.</content> </section> <section> <num value="2734">§ 2734. </num> <heading>Obligation of principal when agent exceeds authority</heading> <content>When an agent exceeds his authority, his principal is bound by his authorized acts only as far as they can be plainly separated from those which are unauthorized.</content> </section> <section> <num value="2735">§ 2735. </num> <heading>Acts under ostensible authority</heading> <content>A principal is bound by acts of his agent, under a merely ostensible authority, to those persons only who have in good faith, and without want of ordinary care, incurred a liability or parted with value, upon the faith thereof.</content> </section> <page identifier="/us/stat/76a/191">191</page> <section> <num value="2736">§ 2736. </num> <heading>Exclusive credit to agent</heading> <content>If exclusive credit is given to an agent by the person dealing with him, his principal is exonerated by payment or other satisfaction made by him to his agent in faith, before receiving notice of the creditor’s election to hold him responsible.</content> </section> <section> <num value="2737">§ 2737. </num> <heading>Person dealing with agent without knowledge of agency</heading> <content>One who deals with an agent, without knowing or having reason to believe that the agent acts as such in the transaction, may set off against any claim of the principal arising out of the same, all claims which he might have set off against the agent before notice of the agency.</content> </section> <section> <num value="2738">§ 2738. </num> <heading>Instrument intended to bind principal</heading> <content>An instrument within the scope of his authority by which an agent intends to bind his principal, does bind him if that intent is plainly inferable from the instrument itself.</content> </section> <section> <num value="2739">§ 2739. </num> <heading>Principal’s responsibility for agent’s negligence, wrongful act, or omission</heading> <content>Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by the agent in and as a part of the transaction of the business, and for his willful omission to fulfill the obligations of the principal.</content> </section> <section> <num value="2740">§ 2740. </num> <heading>Responsibility for agent’s other wrongs</heading> <content>A principal is not responsible for wrongs committed by his agent other than those specified by section 2739 of this title, unless he has authorized or ratified them, even though they are committed while the agent is engaged in his service.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Obligations of Agents to Third Persons</heading> <section> <num value="2761">§ 2761. </num> <heading>Warranty of authority</heading> <content>One who assumes to act as an agent thereby warrants, to all who deal with him in that capacity, that he has the authority which he assumes.</content> </section> <section> <num value="2762">§ 2762. </num> <heading>Agent’s responsibility to third persons</heading> <chapeau>One who assumes to act as an agent is responsible to third persons as a principal for his acts in the course of his agency only when:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>with his consent, credit is given to him personally in a transaction;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>he enters into a written contract in the name of his principal, without believing, in good faith, that he has authority to do so; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>his acts are wrongful in their nature.</content> </paragraph> </section> <section> <num value="2763">§ 2763. </num> <heading>Surrender of property to third person</heading> <content>If an agent receives anything for the benefit of his principal, to the possession of which another person is entitled, he shall, on demand, surrender, or so much of it as he has under his control at the time of demand, to that person, on being indemnified for any advance which he has made to his principal, in good faith, on account of the same; and is responsible therefor, if, after notice from the owner, he delivers it to his principal.</content> </section> <section> <num value="2764">§ 2764. </num> <heading>Application of chapter on persons</heading> <content>The provisions of this subchapter are subject to the provisions of chapter 3 of this title.</content> </section> </subchapter> <page identifier="/us/stat/76a/192">192</page> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Delegation of Agency</heading> <section> <num value="2781">§ 2781. </num> <heading>Agent’s delegation of powers</heading> <chapeau>An agent, unless specially forbidden by his principal to do so, may delegate his powers to another person only when:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the act to be done is purely mechanical;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>it is such as the agent cannot himself, and the subagent can lawfully perform;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>it is the usage of the place to delegate such powers; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the delegation is specially authorized by the principal.</content> </paragraph> </section> <section> <num value="2782">§ 2782. </num> <heading>Unauthorized subagent</heading> <content>If an agent employs a subagent without authority, the former is a principal and the latter his agent, and the principal of the former has no connection with the latter.</content> </section> <section> <num value="2783">§ 2783. </num> <heading>Authorized subagent</heading> <content>A subagent, lawfully appointed, represents the principal in like manner with the original agent; and the original agent is not responsible to third persons for the acts of the subagent.</content> </section> </subchapter> <subchapter> <num class="bold" value="VI">Subchapter VI—</num><heading class="bold">Termination of Agency</heading> <section> <num value="2801">§ 2801. </num> <heading>Termination generally</heading> <chapeau>An agency is terminated, as to every person having notice thereof, by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the expiration of its term;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the extinction of its subject;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the death of the agent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the agent’s renunciation of the agency; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the incapacity of the agent to act as such.</content> </paragraph> </section> <section> <num value="2802">§ 2802. </num> <heading>Revocation, death, or incapacity of principal</heading> <chapeau>Unless the power of an agent is coupled with an interest in the subject of the agency, it is terminated, as to every person having notice thereof, by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>its revocation by the principal;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the principal’s death; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the principal’s incapacity to contract.</content> </paragraph> </section> </subchapter> </chapter> <chapter> <num value="77">CHAPTER 77—</num><heading>FACTORS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2841.</designator> <label>Factor defined.</label></referenceItem> <referenceItem role="section"><designator>2842.</designator> <label>Actual authority of factor.</label></referenceItem> <referenceItem role="section"><designator>2843.</designator> <label>Ostensible authority.</label></referenceItem> </toc> <section> <num value="2841">§ 2841. </num> <heading>Factor defined</heading> <content>A factor is an agent, as defined by section 2271 of this title.</content> </section> <section> <num value="2842">§ 2842. </num> <heading>Actual authority of factor</heading> <chapeau>In addition to the authority of agents in general, a factor has actual authority from his principal, unless specially restricted:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to insure property consigned to him uninsured;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to sell, on credit, anything intrusted to him for sale except such things as it is contrary to usage to sell on credit; but not to pledge, mortgage, or barter the same; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to delegate his authority to his partner or servant, but not to a person in an independent employment.</content> </paragraph> </section> <section> <num value="2843">§ 2843. </num> <heading>Ostensible authority</heading> <content>A factor has ostensible authority to deal with the property of his principal as his own, in transactions with persons not having notice of the actual ownership.</content> </section> </chapter> <page identifier="/us/stat/76a/193">193</page> <chapter> <num value="79">CHAPTER 79—</num><heading>PARTNERSHIP IN GENERAL</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2871.</designator> <label>Definition of partnership.</label></referenceItem> <referenceItem role="section"><designator>2872.</designator> <label>Shipowners.</label></referenceItem> <referenceItem role="section"><designator>2873.</designator> <label>Formation of partnership.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">partnership property</inline></label></referenceItem> <referenceItem role="section"><designator>2891.</designator> <label>Definition of partnership property.</label></referenceItem> <referenceItem role="section"><designator>2892.</designator> <label>Partner’s interest in partnership property.</label></referenceItem> <referenceItem role="section"><designator>2893.</designator> <label>Partner’s share in profits and losses.</label></referenceItem> <referenceItem role="section"><designator>2894.</designator> <label>When division of losses implied.</label></referenceItem> <referenceItem role="section"><designator>2895.</designator> <label>Partner may require application of partnership property to payment of debts.</label></referenceItem> <referenceItem role="section"><designator>2896.</designator> <label>What property is partnership property by presumption.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">mutual obligation of partners</inline></label></referenceItem> <referenceItem role="section"><designator>2921.</designator> <label>Partners as trustees for each other.</label></referenceItem> <referenceItem role="section"><designator>2922.</designator> <label>Good faith to be observed between partners.</label></referenceItem> <referenceItem role="section"><designator>2923.</designator> <label>Mutual liability of partners to account.</label></referenceItem> <referenceItem role="section"><designator>2924.</designator> <label>No compensation for services to partnership.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">renunciation of partnership</inline></label></referenceItem> <referenceItem role="section"><designator>2941.</designator> <label>Renunciation of future profits exonerates from liability.</label></referenceItem> <referenceItem role="section"><designator>2942.</designator> <label>Effect of renunciation.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="2871">§ 2871. </num> <heading>Definition of partnership</heading> <content>Partnership is the association of two or more persons, for the purpose of carrying on business together, and dividing its profits between them.</content> </section> <section> <num value="2872">§ 2872. </num> <heading>Shipowners</heading> <content>Part owners of a ship do not, by simply using it in a joint enterprise, become partners as to the ship.</content> </section> <section> <num value="2873">§ 2873. </num> <heading>Formation of partnership</heading> <content>A partnership can be formed only by the consent of all the parties thereto, and therefore a new partner may not be admitted into a partnership without the consent of every existing member thereof.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Partnership Property</heading> <section> <num value="2891">§ 2891. </num> <heading>Definition of partnership property</heading> <content>The property of a partnership consists of all that is contributed to the common stock at the formation of the partnership, and all that is subsequently acquired thereby.</content> </section> <section> <num value="2892">§ 2892. </num> <heading>Partner’s interest in partnership property</heading> <content>The interest of each member of a partnership extends to every portion of its property.</content> </section> <section> <num value="2893">§ 2893. </num> <heading>Partner’s share in profits and losses</heading> <content>In the absence of an agreement on the subject the shares of partners in the profit or loss of the business are equal, and the share of each in the partnership property is the value of his original contributions, increased or diminished by his share of profit or loss.</content> </section> <section> <num value="2894">§ 2894. </num> <heading>When division of losses implied</heading> <content>An agreement to divide the profits of a business implies an agreement for a corresponding division of its losses, unless it is otherwise expressly stipulated.</content> </section> <page identifier="/us/stat/76a/194">194</page> <section> <num value="2895">§ 2895. </num> <heading>Partner may require application of partnership property to payment of debts</heading> <content>Each member of a partnership may require its property to be applied to the discharge of its debts, and has a lien upon the shares of the other partners for this purpose, and for the payment of the general balance, if any, due to him.</content> </section> <section> <num value="2896">§ 2896. </num> <heading>What property is partnership property by presumption</heading> <content>Property acquired with partnership funds is presumed to be partnership property.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Mutual Obligation of Partners</heading> <section> <num value="2921">§ 2921. </num> <heading>Partners as trustees for each other</heading> <content>The relations of partners are confidential. They are trustees for each other within the meaning of chapter 161 of Title 7, and their obligations as such trustees are defined by that chapter.</content> </section> <section> <num value="2922">§ 2922. </num> <heading>Good faith to be observed between partners</heading> <content>In all proceedings connected with the formation, conduct, dissolution, and liquidation of a partnership, a partner is bound to act in the highest good faith toward his copartners. He may not obtain any advantage over them in the partnership affairs by the slightest misrepresentation, concealment, threat, or adverse pressure of any kind.</content> </section> <section> <num value="2923">§ 2923. </num> <heading>Mutual liability of partners to account</heading> <content>A partner shall account to the partnership for everything that he receives on account thereof, and is entitled to reimbursement therefrom for everything that he properly expends for the benefit thereof, and to be indemnified thereby for all losses and risks which he necessarily incurs on its behalf.</content> </section> <section> <num value="2924">§ 2924. </num> <heading>No compensation for services to partnership</heading> <content>A partner is not entitled to compensation for services rendered by him to the partnership, except by special agreement.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Renunciation of Partnership</heading> <section> <num value="2941">§ 2941. </num> <heading>Renunciation of future profits exonerates from liability</heading> <content>A partner may exonerate himself from all future liability to a third person, on account of the partnership, by renouncing, in good faith all participation in its future profits, and giving notice to the third person, and to his own copartners, that he has made a renunciation, and that, as far as may be in his power, he dissolves the partnership and does not intend to be liable on account thereof for the future.</content> </section> <section> <num value="2942">§ 2942. </num> <heading>Effect of renunciation</heading> <content>After a partner has given notice of his renunciation of the partnership, he may not claim any of its subsequent profits, and his copartners may proceed to dissolve the partnership.</content> </section> </subchapter> </chapter> <chapter> <num value="81">CHAPTER 81—</num><heading>GENERAL PARTNERSHIP</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2971.</designator> <label>Definition of general partnership.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">powers and authority of partners</inline></label></referenceItem> <referenceItem role="section"><designator>2991.</designator> <label>Power of majority of partners.</label></referenceItem> <referenceItem role="section"><designator>2992.</designator> <label>Authority of individual partner.</label></referenceItem> <referenceItem role="section"><designator>2993.</designator> <label>Acts prohibited to individual partners.</label></referenceItem> <referenceItem role="section"><designator>2994.</designator> <label>Effect of partner’s acts in bad faith.</label></referenceItem> <page identifier="/us/stat/76a/195">195</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">mutual obligations of partners</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3011.</designator> <label>Profits of individual partner.</label></referenceItem> <referenceItem role="section"><designator>3012.</designator> <label>Engagement in other business.</label></referenceItem> <referenceItem role="section"><designator>3013.</designator> <label>Accounting for profits from unauthorized business.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">liability of partners</inline></label></referenceItem> <referenceItem role="section"><designator>3031.</designator> <label>Liability of partners to third persons.</label></referenceItem> <referenceItem role="section"><designator>3032.</designator> <label>Liability for each other’s acts as agents.</label></referenceItem> <referenceItem role="section"><designator>3033.</designator> <label>Liability of one held out as partner.</label></referenceItem> <referenceItem role="section"><designator>3034.</designator> <label>Persons not liable as partners.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">termination of partnership</inline></label></referenceItem> <referenceItem role="section"><designator>3051.</designator> <label>Duration of partnership.</label></referenceItem> <referenceItem role="section"><designator>3052.</designator> <label>Total dissolution of partnership.</label></referenceItem> <referenceItem role="section"><designator>3053.</designator> <label>Partial dissolution.</label></referenceItem> <referenceItem role="section"><designator>3054.</designator> <label>Partner entitled to dissolution.</label></referenceItem> <referenceItem role="section"><designator>3055.</designator> <label>Notice of termination.</label></referenceItem> <referenceItem role="section"><designator>3056.</designator> <label>Notice by change of name.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vi</inline>—</designator><label><inline class="smallCaps">liquidation</inline></label></referenceItem> <referenceItem role="section"><designator>3081.</designator> <label>Powers of partners after dissolution.</label></referenceItem> <referenceItem role="section"><designator>3082.</designator> <label>Partners who may and may not act in liquidation.</label></referenceItem> <referenceItem role="section"><designator>3083.</designator> <label>Powers of partners in liquidation; restriction regarding obligations.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="2971">§ 2971. </num> <heading>Definition of general partnership</heading> <content>A partnership that is not formed in accordance with the law concerning special partnerships, and a special partnership, as far only as the general partners are concerned, is a general partnership.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Powers and Authority of Partners</heading> <section> <num value="2991">§ 2991. </num> <heading>Power of majority of partners</heading> <content>Unless otherwise expressly stipulated, the decision of the majority of the members of a general partnership binds it in the conduct of its business.</content> </section> <section> <num value="2992">§ 2992. </num> <heading>Authority of individual partner</heading> <content>A general partner is agent for the partnership in the transaction of its business, and may do whatever is necessary to carry on the business in the ordinary manner, and for this purpose may bind his copartners by an agreement in writing.</content> </section> <section> <num value="2993">§ 2993. </num> <heading>Acts prohibited to individual partners</heading> <chapeau>A partner, as such, may not:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>make an assignment of the partnership property or any portion thereof to a creditor, or to a third person in trust for the benefit of a creditor, or of all creditors;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>dispose of the good will of the business;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>dispose of the whole of the partnership property at once, unless it consists entirely of merchandise;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>do any act which would make it impossible to carry on the ordinary business of the partnership;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>confess a judgment;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>submit a partnership claim to arbitration; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>do any other act not within the scope of section 2992 of this title—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">unless his copartners have wholly abandoned the business to him or are incapable of acting.</continuation> </section> <page identifier="/us/stat/76a/196">196</page> <section> <num value="2994">§ 2994. </num> <heading>Effect of partner’s acts in bad faith</heading> <content>A partner is not bound by any act of a copartner, in bad faith toward him, though within the scope of the partner’s powers, except in favor of persons who have in good faith parted with value in reliance upon that act.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Mutual Obligations of Partners</heading> <section> <num value="3011">§ 3011. </num> <heading>Profits of individual partner</heading> <content>All profits made by a general partner, in the course of any business usually carried on by the partnership, belong to the firm.</content> </section> <section> <num value="3012">§ 3012. </num> <heading>Engagement in other business</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Except as provided in subsection (b) of this section, and section 3011 of this title, a partner may engage in any separate business.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A general partner who agrees to give his personal attention to the business of the partnership may not engage in any business which gives him an interest adverse to that of the partnership or which prevents him from giving to the business of the partnership all the attention which would be advantageous to it.</content> </subsection> </section> <section> <num value="3013">§ 3013. </num> <heading>Accounting for profits from unauthorized business</heading> <content>A general partner transacting business contrary to the provisions of this subchapter may be required by any copartner to account to the partnership for the profits of such business.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Liability of Partners</heading> <section> <num value="3031">§ 3031. </num> <heading>Liability of partners to third persons</heading> <content>A general partner is liable to third persons for all the obligations of the partnership, jointly with his copartners.</content> </section> <section> <num value="3032">§ 3032. </num> <heading>Liability for each other’s acts as agents</heading> <content>The liability of general partners for each other’s acts is defined by chapter 75 of this title on agency.</content> </section> <section> <num value="3033">§ 3033. </num> <heading>Liability of one held out as partner</heading> <content>Anyone permitting himself to be represented as a partner, general or special, is liable, as such, to third persons to whom the representation is communicated, and who, on the faith thereof, give credit to the partnership.</content> </section> <section> <num value="3034">§ 3034. </num> <heading>Persons not liable as partners</heading> <content>Except as provided by section 3033 of this title, a person is not liable us a partner who is not a partner in fact.</content> </section> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Termination of Partnership</heading> <section> <num value="3051">§ 3051. </num> <heading>Duration of partnership</heading> <content>If no term is prescribed by agreement for its duration, a general partnership continues until dissolved by a partner or by operation of law.</content> </section> <section> <num value="3052">§ 3052. </num> <heading>Total dissolution of partnership</heading> <chapeau>A general partnership is dissolved as to all the partners by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>lapse of the time prescribed by agreement for its duration;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the expressed will of any partner, if there is no such agreement;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the death of a partner;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the transfer to a person, not a partner, of the interest of any partner in the partnership property;</content> </paragraph> <page identifier="/us/stat/76a/197">197</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>war, or the prohibition of commercial intercourse between the country in which one partner resides and that in which another resides; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>a judgment of dissolution.</content> </paragraph> </section> <section> <num value="3053">§ 3053. </num> <heading>Partial dissolution</heading> <content>A general partnership may be dissolved, as to himself only, by the expressed will of any partner, notwithstanding his agreement for its continuance, subject, however, to liability to his copartners for any damage caused to them thereby, unless the circumstances are such as entitle him to a judgment of dissolution.</content> </section> <section> <num value="3054">§ 3054. </num> <heading>Partner entitled to dissolution</heading> <chapeau>A general partner is entitled to a judgment of dissolution when:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>he, or another partner, becomes legally incapable of contracting;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>another partner fails to perform his duties under the agreement of partnership, or is guilty of serious misconduct; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the business of the partnership can be carried on only at a permanent loss.</content> </paragraph> </section> <section> <num value="3055">§ 3055. </num> <heading>Notice of termination</heading> <content>The liability of a general partner for the acts of his copartners continues, even after a dissolution of the copartnership, in favor of persons who have had dealings with and given credit to the partnership during its existence, until they have had personal notice of the dissolution; and in favor of other persons until the dissolution has been advertised in a newspaper printed in English and of general circulation in the Canal Zone, to the extent in either case to which the persons part with value in good faith, and in the belief that the partner is still a member of the firm.</content> </section> <section> <num value="3056">§ 3056. </num> <heading>Notice by change of name</heading> <content>A change of the partnership name, which plainly indicates the withdrawal of a partner, is sufficient notice of the fact of the withdrawal to all persons to whom it is communicated; but a change in the name, which does not contain such an indication, is not notice of the withdrawal of any partner.</content> </section> </subchapter> <subchapter> <num class="bold" value="VI">Subchapter VI—</num><heading class="bold">Liquidation</heading> <section> <num value="3081">§ 3081. </num> <heading>Powers of partners after dissolution</heading> <content>After the dissolution of a partnership, the powers and authority of the partners are such only as are prescribed by this subchapter.</content> </section> <section> <num value="3082">§ 3082. </num> <heading>Partners who may and may not act in liquidation</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Except as provided in subsection (b) of this section, any member of a general partnership may act in liquidation of its affairs.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If the liquidation of a partnership is committed, by consent of all the partners, to one or more of them, the others have no right to act therein; but their acts are valid in favor of persons parting with value, in good faith, upon credit thereof.</content> </subsection> </section> <page identifier="/us/stat/76a/198">198</page> <section> <num value="3083">§ 3083. </num> <heading>Powers of partners in liquidation; restriction regarding obligations</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A partner authorized to act in liquidation may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>collect, compromise, or release any debts due to the partnership;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>pay or compromise any claims against the partnership;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>dispose of the property of the partnership; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>indorse, in the name of the partnership, promissory notes or other obligations held by the partnership for the purpose of collecting them.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A partner authorized to act in liquidation may not create any new obligations in the name of the partnership or revive a debt against the firm, by an acknowledgment, when an action thereon is barred by Title 5.</content> </subsection> </section> </subchapter> </chapter> <chapter> <num value="83">CHAPTER 83—</num><heading>SPECIAL PARTNERSHIP</heading> <toc> <referenceItem role="subchapter"><designator></designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3121.</designator> <label>Formation of special partnership.</label></referenceItem> <referenceItem role="section"><designator>3122.</designator> <label>Composition of special partnership.</label></referenceItem> <referenceItem role="section"><designator>3123.</designator> <label>Certified statement.</label></referenceItem> <referenceItem role="section"><designator>3124.</designator> <label>Acknowledgment and recordation of certificates; false statements.</label></referenceItem> <referenceItem role="section"><designator>3125.</designator> <label>Affidavit as to sums contributed.</label></referenceItem> <referenceItem role="section"><designator>3126.</designator> <label>Compliance with sections 3121–3125.</label></referenceItem> <referenceItem role="section"><designator>3127.</designator> <label>Renewal of special partnership.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">powers, rights, and duties of partners</inline></label></referenceItem> <referenceItem role="section"><designator>3151.</designator> <label>Transaction of business by general partners.</label></referenceItem> <referenceItem role="section"><designator>3152.</designator> <label>Powers of special partners; claims.</label></referenceItem> <referenceItem role="section"><designator>3153.</designator> <label>Actions by and against general partners.</label></referenceItem> <referenceItem role="section"><designator>3154.</designator> <label>Withdrawal of capital.</label></referenceItem> <referenceItem role="section"><designator>3155.</designator> <label>Interest and profits.</label></referenceItem> <referenceItem role="section"><designator>3156.</designator> <label>Result of withdrawing capital.</label></referenceItem> <referenceItem role="section"><designator>3157.</designator> <label>Preference transfers void.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">liability of partners</inline></label></referenceItem> <referenceItem role="section"><designator>3181.</designator> <label>Liability of general partners.</label></referenceItem> <referenceItem role="section"><designator>3182.</designator> <label>Liability of special partners.</label></referenceItem> <referenceItem role="section"><designator>3183.</designator> <label>Liability for unintentional act.</label></referenceItem> <referenceItem role="section"><designator>3184.</designator> <label>Who may question existence of special partnership.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">alteration and dissolution</inline></label></referenceItem> <referenceItem role="section"><designator>3201.</designator> <label>When special partnership becomes general.</label></referenceItem> <referenceItem role="section"><designator>3202.</designator> <label>Admission of new special partners.</label></referenceItem> <referenceItem role="section"><designator>3203.</designator> <label>Dissolution of special partnership; notice.</label></referenceItem> <referenceItem role="section"><designator>3204.</designator> <label>Use of name of special partner.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="3121">§ 3121. </num> <heading>Formation of special partnership</heading> <content>A special partnership may be formed by two or more persons, in the manner and with the effect prescribed in this chapter, for the transaction of any business except banking or insurance by an insurer.</content> </section> <section> <num value="3122">§ 3122. </num> <heading>Composition of special partnership</heading> <content>A special partnership may consist of one or more persons called general partners, and one or more persons called special partners.</content> </section> <section> <num value="3123">§ 3123. </num> <heading>Certified statement</heading> <chapeau>Persons desirous of forming a special partnership shall severally sign a certificate, stating the:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>name under which the partnership is to be conducted;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>general nature of the business intended to be transacted;</content> </paragraph> <page identifier="/us/stat/76a/199">199</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>names of all the partners, and their residences, specifying which are general and which are special partners;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>amount of capital which each special partner has contributed to the common stock; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>periods at which the partnership will begin and end.</content> </paragraph> </section> <section> <num value="3124">§ 3124. </num> <heading>Acknowledgment and recordation of certificates; false statements</heading> <content>Certificates pursuant to section 3123 of this title shall be acknowledged by all the partners, before the clerk of the district court and filed in his office and shall be open to public inspection. If a false statement is made in a certificate, all the persons interested in the partnership are liable, as general partners, for all the engagements thereof.</content> </section> <section> <num value="3125">§ 3125. </num> <heading>Affidavit as to sums contributed</heading> <content>An affidavit of each of the partners, stating that the sums specified in the certificate of the partnership as having been contributed by each of the special partners, have been actually and in good faith paid, in lawful money of the United States, shall be filed in the office of the clerk of the district court with the original certificate specified by sections 3123 and 3124 of this title.</content> </section> <section> <num value="3126">§ 3126. </num> <heading>Compliance with sections 3121–3125</heading> <content>A special partnership is not formed until sections 3121–3125 of this title are complied with.</content> </section> <section> <num value="3127">§ 3127. </num> <heading>Renewal of special partnership</heading> <content>Every renewal or continuance of a special partnership shall be certifies, filed, and verified in the same manner as upon its original formation.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Powers, Rights, and Duties of Partners</heading> <section> <num value="3151">§ 3151. </num> <heading>Transaction of business by general partners</heading> <content>The general partners only have authority to transact the business of a special partnership.</content> </section> <section> <num value="3152">§ 3152. </num> <heading>Powers of special partners; claims</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A special partner may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>at all times investigate the affairs of the partnership, and advise his partners, or their agents, as to their management; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>lend money to the partnership, or advance money for it, and take from it security therefor.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>As to loans or advances referred to in subsection (a) of this section, a special partner has the same rights as any other creditor; but in case of the insolvency of the partnership, all other claims which he may have against it shall be postponed until all other creditors are satisfied.</content> </subsection> </section> <section> <num value="3153">§ 3153. </num> <heading>Actions by and against general partners</heading> <content>In all matters relating to a special partnership, its general partners may sue and be sued alone, in the same manner as if there were no special partners.</content> </section> <section> <num value="3154">§ 3154. </num> <heading>Withdrawal of capital</heading> <content>A special partner, under any pretense, may not withdraw any part of the capital invested by him in the partnership, during its continuance.</content> </section> <page identifier="/us/stat/76a/200">200</page> <section> <num value="3155">§ 3155. </num> <heading>Interest and profits</heading> <content>A special partner may receive such lawful interest and such proportion of profits as may be agreed upon, if not paid out of the capital invested in the partnership by him, or by another special partner, and is not bound to refund the same to meet subsequent losses.</content> </section> <section> <num value="3156">§ 3156. </num> <heading>Result of withdrawing capital</heading> <content>If a special partner withdraws capital from the firm, contrary to this subchapter, he thereby becomes a general partner.</content> </section> <section> <num value="3157">§ 3157. </num> <heading>Preference transfers void</heading> <content>A transfer of the property of a special partnership, or of a partner therein, made after or in contemplation of the insolvency of the partnership or partner with intent to give a preference to any creditor of the partnership or partner over any other creditor of the partnership, is void against the creditors thereof. A judgment confessed, lien created, or security given, in like manner and with the like intent, is in like manner void.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Liability of Partners</heading> <section> <num value="3181">§ 3181. </num> <heading>Liability of general partners</heading> <content>The general partners in a special partnership are liable to the same extent as partners in a general partnership.</content> </section> <section> <num value="3182">§ 3182. </num> <heading>Liability of special partners</heading> <chapeau>The contribution of a special partner to the capital of the firm, and the increase thereof, is liable for its debts, but he is not otherwise liable therefor, except as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if he has willfully made or permitted a false or materially defective statement in the certificate of the partnership, the affidavit filed therewith, or the published announcement thereof, he is liable, as a general partner, to all creditors of the partnership;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if he has willfully interfered with the business of the partnership except as permitted by sections 3151–3157 of this title, he is liable in like manner; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if he has willfully joined in or assented to an act contrary to a provision of 3151–3157 of this title, he is liable in like manner.</content> </paragraph> </section> <section> <num value="3183">§ 3183. </num> <heading>Liability for unintentional act</heading> <content>When a special partner has unintentionally done any of the acts specified by section 3189 of this title, he is liable, as a general partner, to any creditor of the firm who has been actually misled thereby to his prejudice.</content> </section> <section> <num value="3184">§ 3184. </num> <heading>Who may question existence of special partnership</heading> <content>One who, upon making a contract with a partnership, accepts from or gives to it a written memorandum of the contract, stating that the partnership is special, and giving the names of the special partners, may not afterwards charge the persons thus named as general partners upon that contract, by reason of an error or defect in the proceedings for the creation of the special partnership, prior to the acceptance of the memorandum, if an effort has been made by the partners, in good faith, to form a special partnership in the manner required by sections 3121–3127 of this title.</content> </section> </subchapter> <page identifier="/us/stat/76a/201">201</page> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Alteration and Dissolution</heading> <section> <num value="3201">§ 3201. </num> <heading>When special partnership becomes general</heading> <content>A special partnership becomes general if, within ten days after any partner withdraws from it, or any new partner is received into it, or a change is made in the nature of its business or in its name, a certificate of that fact, duly verified and signed by one or more of the partners, is not filed with the clerk of the district court.</content> </section> <section> <num value="3202">§ 3202. </num> <heading>Admission of new special partners</heading> <content>New special partners may be admitted into a special partnership upon a certificate, stating the names, residences, and contributions to common stock of each of them, signed by each of them, and by the general partners, verified, acknowledged, and filed with the clerk of the district court.</content> </section> <section> <num value="3203">§ 3203. </num> <heading>Dissolution of special partnership; notice</heading> <content>A special partnership is subject to dissolution in the same manner as a general partnership, except that a dissolution, by the act of the partners, is not complete until a notice thereof has been filed and recorded in the office of the clerk of the district court, and published once in each week, for four successive weeks, in a newspaper of general circulation in the Canal Zone.</content> </section> <section> <num value="3204">§ 3204. </num> <heading>Use of name of special partner</heading> <content>The name of a special partner may not be used in the firm name of partnership, unless it be accompanied with the word “limited.”</content> </section> </subchapter> </chapter> <chapter> <num value="85">CHAPTER 85—</num><heading>INSURANCE IN GENERAL</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3241.</designator> <label>Scope of chapter.</label></referenceItem> <referenceItem role="section"><designator>3242.</designator> <label>Definition of insurance.</label></referenceItem> <referenceItem role="section"><designator>3243.</designator> <label>Insurer and insured.</label></referenceItem> <referenceItem role="section"><designator>3244.</designator> <label>Time for exercising right of rescission.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">events subject to insurance</inline></label></referenceItem> <referenceItem role="section"><designator>3261.</designator> <label>Events generally.</label></referenceItem> <referenceItem role="section"><designator>3262.</designator> <label>Lottery.</label></referenceItem> <referenceItem role="section"><designator>3263.</designator> <label>Gaming or wager.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">parties to contract</inline></label></referenceItem> <referenceItem role="section"><designator>3281.</designator> <label>Capacity to insure.</label></referenceItem> <referenceItem role="section"><designator>3282.</designator> <label>Capacity to be insured.</label></referenceItem> <referenceItem role="section"><designator>3283.</designator> <label>Effect of loss payable clause or assignment to mortgagee.</label></referenceItem> <referenceItem role="section"><designator>3284.</designator> <label>Same; acts of parties.</label></referenceItem> <referenceItem role="section"><designator>3285.</designator> <label>Insurer’s consent to transfer; effect of mortgagor’s acts.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">insurable interest</inline></label></referenceItem> <referenceItem role="section"><designator>3301.</designator> <label>Definition of insurable interest.</label></referenceItem> <referenceItem role="section"><designator>3302.</designator> <label>Property interests.</label></referenceItem> <referenceItem role="section"><designator>3303.</designator> <label>Contingent or expectant interests.</label></referenceItem> <referenceItem role="section"><designator>3304.</designator> <label>Measure of interest.</label></referenceItem> <referenceItem role="section"><designator>3305.</designator> <label>Interest of carrier or depositary.</label></referenceItem> <referenceItem role="section"><designator>3306.</designator> <label>Lack of insurable interest.</label></referenceItem> <referenceItem role="section"><designator>3307.</designator> <label>When insurable interest must exist.</label></referenceItem> <referenceItem role="section"><designator>3308.</designator> <label>Waiver of requirement void.</label></referenceItem> <referenceItem role="section"><designator>3309.</designator> <label>Effect of transfer.</label></referenceItem> <referenceItem role="section"><designator>3310.</designator> <label>Change of interest after loss.</label></referenceItem> <referenceItem role="section"><designator>3311.</designator> <label>Change of interest in separate subject.</label></referenceItem> <referenceItem role="section"><designator>3312.</designator> <label>Transfer of interest between partners.</label></referenceItem> <referenceItem role="section"><designator>3313.</designator> <label>Transfer of subject matter.</label></referenceItem> <page identifier="/us/stat/76a/202">202</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">concealment and representations</inline></label></referenceItem> <referenceItem role="article"><designator>Article A—</designator><label>Concealment</label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3331.</designator> <label>Definition of concealment.</label></referenceItem> <referenceItem role="section"><designator>3332.</designator> <label>Effect of concealment.</label></referenceItem> <referenceItem role="section"><designator>3333.</designator> <label>Required disclosure.</label></referenceItem> <referenceItem role="section"><designator>3334.</designator> <label>Required inquiry.</label></referenceItem> <referenceItem role="section"><designator>3335.</designator> <label>Test of materiality.</label></referenceItem> <referenceItem role="section"><designator>3336.</designator> <label>Presumed knowledge.</label></referenceItem> <referenceItem role="section"><designator>3337.</designator> <label>Waiver of communication.</label></referenceItem> <referenceItem role="section"><designator>3338.</designator> <label>Interest of insured.</label></referenceItem> <referenceItem role="section"><designator>3339.</designator> <label>Fraudulent concealment.</label></referenceItem> <referenceItem role="section"><designator>3340.</designator> <label>Matters of opinion.</label></referenceItem> <referenceItem role="article"><designator>Article B—</designator><label>Representations</label></referenceItem> <referenceItem role="section"><designator>3351.</designator> <label>Oral or written.</label></referenceItem> <referenceItem role="section"><designator>3352.</designator> <label>Time of making.</label></referenceItem> <referenceItem role="section"><designator>3353.</designator> <label>Rules of interpretation.</label></referenceItem> <referenceItem role="section"><designator>3354.</designator> <label>Representation as to future.</label></referenceItem> <referenceItem role="section"><designator>3355.</designator> <label>Effect upon policy.</label></referenceItem> <referenceItem role="section"><designator>3356.</designator> <label>Alteration or withdrawal.</label></referenceItem> <referenceItem role="section"><designator>3357.</designator> <label>Time intended by representation.</label></referenceItem> <referenceItem role="section"><designator>3358.</designator> <label>Representation upon hearsay.</label></referenceItem> <referenceItem role="section"><designator>3359.</designator> <label>Falsity.</label></referenceItem> <referenceItem role="section"><designator>3360.</designator> <label>Effect of material false representation.</label></referenceItem> <referenceItem role="section"><designator>3361.</designator> <label>Materiality.</label></referenceItem> <referenceItem role="article"><designator>Article C—</designator><label>Miscellaneous Provisions</label></referenceItem> <referenceItem role="section"><designator>3371.</designator> <label>Application of subchapter.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vi</inline>—</designator><label><inline class="smallCaps">the policy</inline></label></referenceItem> <referenceItem role="article"><designator>Article A—</designator><label>General Provisions</label></referenceItem> <referenceItem role="section"><designator>3391.</designator> <label>Definition of policy of insurance.</label></referenceItem> <referenceItem role="section"><designator>3392.</designator> <label>Required contents of policy.</label></referenceItem> <referenceItem role="section"><designator>3393.</designator> <label>Coverage of specified insured’s interest.</label></referenceItem> <referenceItem role="section"><designator>3394.</designator> <label>Insurance by agent or trustee.</label></referenceItem> <referenceItem role="section"><designator>3395.</designator> <label>Insurance by partner or part-owner.</label></referenceItem> <referenceItem role="section"><designator>3396.</designator> <label>General description of insured.</label></referenceItem> <referenceItem role="section"><designator>3397.</designator> <label>Insurance of future owners.</label></referenceItem> <referenceItem role="article"><designator>Article B—</designator><label>Types of Policies</label></referenceItem> <referenceItem role="section"><designator>3411.</designator> <label>Open and valued policies.</label></referenceItem> <referenceItem role="section"><designator>3412.</designator> <label>Definition of open policy.</label></referenceItem> <referenceItem role="section"><designator>3413.</designator> <label>Definition of valued policy.</label></referenceItem> <referenceItem role="section"><designator>3414.</designator> <label>Definition of running policy.</label></referenceItem> <referenceItem role="article"><designator>Article C—</designator><label>Warranties</label></referenceItem> <referenceItem role="section"><designator>3421.</designator> <label>Express or implied.</label></referenceItem> <referenceItem role="section"><designator>3422.</designator> <label>Express warranty.</label></referenceItem> <referenceItem role="section"><designator>3423.</designator> <label>Form of words.</label></referenceItem> <referenceItem role="section"><designator>3424.</designator> <label>Express warranties to be in policy.</label></referenceItem> <referenceItem role="section"><designator>3425.</designator> <label>Past, present, and future warranties.</label></referenceItem> <referenceItem role="section"><designator>3426.</designator> <label>Statement of intent.</label></referenceItem> <referenceItem role="section"><designator>3427.</designator> <label>Excusable omission to fulfill future warranty.</label></referenceItem> <referenceItem role="section"><designator>3428.</designator> <label>Violation of material warranty.</label></referenceItem> <referenceItem role="section"><designator>3429.</designator> <label>Violation of immaterial warranty.</label></referenceItem> <referenceItem role="section"><designator>3430.</designator> <label>Breach without fraud.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vii</inline>—</designator><label><inline class="smallCaps">the premium</inline></label></referenceItem> <referenceItem role="section"><designator>3451.</designator> <label>Conditions of return of premium.</label></referenceItem> <referenceItem role="section"><designator>3452.</designator> <label>Earned premium.</label></referenceItem> <referenceItem role="section"><designator>3453.</designator> <label>Right to return.</label></referenceItem> <referenceItem role="section"><designator>3454.</designator> <label>Policy as receipt.</label></referenceItem> <referenceItem role="section"><designator>3455.</designator> <label>Overinsurance by several insurers.</label></referenceItem> <referenceItem role="section"><designator>3456.</designator> <label>Overinsurance by simultaneous policies.</label></referenceItem> <referenceItem role="section"><designator>3457.</designator> <label>Overinsurance by successive policies.</label></referenceItem> <page identifier="/us/stat/76a/203">203</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter viii</inline>—</designator><label><inline class="smallCaps">loss</inline></label></referenceItem> <referenceItem role="article"><designator>Article A—</designator><label>Transfer of Interest after Loss</label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3481.</designator> <label>Agreement not to transfer.</label></referenceItem> <referenceItem role="article"><designator>Article B—</designator><label>Causes of Loss</label></referenceItem> <referenceItem role="section"><designator>3491.</designator> <label>Proximate and remote causes.</label></referenceItem> <referenceItem role="section"><designator>3492.</designator> <label>Rescue from peril insured against.</label></referenceItem> <referenceItem role="section"><designator>3493.</designator> <label>Specially excepted perils.</label></referenceItem> <referenceItem role="section"><designator>3494.</designator> <label>Willful act of insured; negligence.</label></referenceItem> <referenceItem role="article"><designator>Article C—</designator><label>Notice and Proofs of Loss</label></referenceItem> <referenceItem role="section"><designator>3501.</designator> <label>Notice of fire loss.</label></referenceItem> <referenceItem role="section"><designator>3502.</designator> <label>Notice of casualty loss; 20-day period.</label></referenceItem> <referenceItem role="section"><designator>3503.</designator> <label>Preliminary proofs.</label></referenceItem> <referenceItem role="section"><designator>3504.</designator> <label>Waiver of defects.</label></referenceItem> <referenceItem role="section"><designator>3505.</designator> <label>Waiver of delay.</label></referenceItem> <referenceItem role="section"><designator>3506.</designator> <label>Proof by third party.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ix</inline>—</designator><label><inline class="smallCaps">double insurance</inline></label></referenceItem> <referenceItem role="section"><designator>3521.</designator> <label>Definition of double insurance.</label></referenceItem> <referenceItem role="section"><designator>3522.</designator> <label>Contribution in case of double insurance.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter x</inline>—</designator><label><inline class="smallCaps">reinsurance</inline></label></referenceItem> <referenceItem role="section"><designator>3531.</designator> <label>Definition of reinsurance contract.</label></referenceItem> <referenceItem role="section"><designator>3532.</designator> <label>Presumed nature of contract.</label></referenceItem> <referenceItem role="section"><designator>3533.</designator> <label>Disclosures required.</label></referenceItem> <referenceItem role="section"><designator>3534.</designator> <label>Interest of original insured.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter xi</inline>—</designator><label><inline class="smallCaps">casualty insurance</inline></label></referenceItem> <referenceItem role="section"><designator>3551.</designator> <label>Liability on casualty risks; required provisions in policies.</label></referenceItem> <referenceItem role="section"><designator>3552.</designator> <label>Remedy of injured party after recovering judgment; defenses.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="3241">§ 3241. </num> <heading>Scope of chapter</heading> <content>All kinds of insurance, other than marine insurance, are subject to this chapter.</content> </section> <section> <num value="3242">§ 3242. </num> <heading>Definition of insurance</heading> <content>Insurance is a contract whereby one undertakes to indemnify another against loss, damage, or liability, arising from an unknown or contingent event.</content> </section> <section> <num value="3243">§ 3243. </num> <heading>Insurer and insured</heading> <content>The person who undertakes to indemnify another by a contract of insurance is called the insurer, and the person indemnified is called the insured.</content> </section> <section> <num value="3244">§ 3244. </num> <heading>Time for exercising right of rescission</heading> <content>Whenever a right to rescind a contract of insurance is given to the insurer by this chapter, the right may be exercised at any time previous to the commencement of an action on the contract.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Events Subject to Insurance</heading> <section> <num value="3261">§ 3261. </num> <heading>Events generally</heading> <content>Except as provided in this subchapter, any contingent or unknown event, whether past or future, which may damnify a person having an insurable interest, or create a liability against him, may be insured against, subject to the provisions of this chapter.</content> </section> <page identifier="/us/stat/76a/204">204</page> <section> <num value="3262">§ 3262. </num> <heading>Lottery</heading> <content>A lottery or its outcome shall not be insured against.</content> </section> <section> <num value="3263">§ 3263. </num> <heading>Gaming or wager</heading> <content>A policy executed by way of gaming or wagering is void.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Parties to Contract</heading> <section> <num value="3281">§ 3281. </num> <heading>Capacity to insure</heading> <content>Any person capable of making a contract may be an insurer, subject to the restrictions imposed by special statutes upon foreign corporation, nonresidents, and others.</content> </section> <section> <num value="3282">§ 3282. </num> <heading>Capacity to be insured.</heading> <content>Any person except a public enemy may be insured.</content> </section> <section> <num value="3283">§ 3283. </num> <heading>Effect of loss payable clause or assignment to mortgagee</heading> <content>Unless the policy otherwise provides, where a mortgagor of property effects insurance in his own name providing that the loss shall be payable to the mortgagee, or assigns a policy of insurance to a mortgagee, the insurance is deemed to be upon the interest of the mortgagor and the mortgagor does not cease to be a party to the original contract.</content> </section> <section> <num value="3284">§ 3284. </num> <heading>Same; acts of parties</heading> <content>In the case of a loss payable clause or assignment referred to by section 3283 of this title, any act of the mortgagor, prior to the loss and which would otherwise avoid the insurance, will have the same effect, although the property is in the hands of the mortgagee; but any act which, under the contract of insurance, is to be performed by the mortgagor, may be performed by the mortgagee therein named, with the same effect as if it had been performed by the mortgagor.</content> </section> <section> <num value="3285">§ 3285. </num> <heading>Insurer’s consent to transfer; effect of mortgagor’s acts</heading> <content>If an insurer assents to the transfer of an insurance from a mortgagor to a mortgagee, and, at the time of his assent, imposes further obligations on the assignee, the acts of the mortgagor cannot affect the rights of the assignee.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Insurable Interest</heading> <section> <num value="3301">§ 3301. </num> <heading>Definition of insurable interest</heading> <content>Every interest in property, or any relation thereto, or liability in respect thereof, of such a nature that a contemplated peril might directly damnify the insured is an insurable interest.</content> </section> <section> <num value="3302">§ 3302. </num> <heading>Property interests</heading> <chapeau>An insurable interest in property may consist in an:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>existing interest;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>inchoate interest founded on an existing interest; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>expectancy, coupled with an existing interest in that out of which the expectancy arises.</content> </paragraph> </section> <section> <num value="3303">§ 3303. </num> <heading>Contingent or expectant interests</heading> <content>A mere contingent or expectant interest in a thing, not founded on an actual right to the thing, nor upon a valid contract for it, is not insurable.</content> </section> <section> <num value="3304">§ 3304. </num> <heading>Measure of interest</heading> <content>Except in the case of a property held by the insured as a carrier or depositary, the measure of an insurable interest in property is the extent to which the insured might be damnified by loss or injury thereof.</content> </section> <page identifier="/us/stat/76a/205">205</page> <section> <num value="3305">§ 3305. </num> <heading>Interest of carrier or depositary</heading> <content>A carrier or depositary of any kind has an insurable interest in a thing held by him as such, to the extent of its value.</content> </section> <section> <num value="3306">§ 3306. </num> <heading>Lack of insurable interest</heading> <content>If the insured has no insurable interest, the contract is void.</content> </section> <section> <num value="3307">§ 3307. </num> <heading>When insurable interest must exist</heading> <content>An interest insured must exist when the insurance takes effect, and when the loss occurs, but need not exist in the meantime; and interest in the life or health of a person insured must exist when the insurance takes effect, but need not exist thereafter or when the loss occurs.</content> </section> <section> <num value="3308">§ 3308. </num> <heading>Waiver of requirement void</heading> <content>Every stipulation in a policy of insurance for the payment of loss whether the person insured has or has not an interest in the property insured, or that the policy shall be received as proof of such interest, is void.</content> </section> <section> <num value="3309">§ 3309. </num> <heading>Effect of transfer</heading> <content>Except in the cases specified by sections 3310–3312 of this title, and in the cases of life and disability insurance, a change of interest in any part of a thing insured, unaccompanied by a corresponding change of interest in the insurance, suspends the insurance to an equivalent extent, until the interest in the thing and the interest in the insurance are vested in the same person.</content> </section> <section> <num value="3310">§ 3310. </num> <heading>Change of interest after loss</heading> <content>A change of interest in a subject insured, after the occurrence of an injury which results in a loss, does not affect the right of the insured to indemnity for the loss.</content> </section> <section> <num value="3311">§ 3311. </num> <heading>Change of interest in separate subject</heading> <content>A change of interest in one or more of several distinct subjects, separately insured by one policy, does not avoid the insurance as to the others.</content> </section> <section> <num value="3312">§ 3312. </num> <heading>Transfer of interest between partners</heading> <content>In the case of partners, joint owners, or owners in common, who are jointly insured, a transfer of interest by one to another thereof does not avoid insurance, even though it has been agreed that the insurance shall cease upon an alienation of he subject insured.</content> </section> <section> <num value="3313">§ 3313. </num> <heading>Transfer of subject matter</heading> <content>The mere transfer of subject matter insured does not transfer the policy, but suspends it until the same person becomes the owner of both the policy and the subject matter insured.</content> </section> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Concealment and Representations</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">Concealment</heading> <section> <num value="3331">§ 3331. </num> <heading>Definition of concealment</heading> <content>Neglect to communicate that which a party knows, and ought to communicate, is concealment.</content> </section> <section> <num value="3332">§ 3332. </num> <heading>Effect of concealment</heading> <content>Concealment, whether intentional or unintentional, entitles the injured party to rescind insurance.</content> </section> <section> <num value="3333">§ 3333. </num> <heading>Required disclosure</heading> <content>Each party to a contract of insurance must communicate to the other in good faith, all facts within his knowledge which are or which he believes to be material to the contract and as to which he makes no warranty, and which the other party has not the means of ascertaining.</content> </section> <page identifier="/us/stat/76a/206">206</page> <section> <num value="3334">§ 3334. </num> <heading>Required inquiry</heading> <chapeau>Except in answer to the inquiries of the other, neither party to a contract of insurance is bound to communicate information of matters:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>which the other knows;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>which, in the exercise of ordinary care, the other ought to know, and of which the former has no reason to suppose him ignorant;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>of which the other waives communication;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>which prove or tend to prove the existence of a risk excluded by a warranty, and which are not otherwise material; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>which relate to a risk excepted from the policy, and which are not otherwise material.</content> </paragraph> </section> <section> <num value="3335">§ 3335. </num> <heading>Test of materiality</heading> <content>Materiality is to be determined not by the event, but solely by the probable and reasonable influence of the facts upon the party to whom the communication is due, in forming his estimate of the disadvantages of the proposed contract or in making his inquiries.</content> </section> <section> <num value="3336">§ 3336. </num> <heading>Presumed knowledge</heading> <chapeau>Each party to a contract of insurance is bound to know all the:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>general causes which are open to his inquiry equally with that of the other, and which may affect either the political or material perils contemplated; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>general usages of trade.</content> </paragraph> </section> <section> <num value="3337">§ 3337. </num> <heading>Waiver of communication</heading> <chapeau>The right to information of material facts may be waived, either by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the terms of the insurance; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>neglect to make inquiries as to such facts, where they are distinctly implied in other facts of which information is communicated.</content> </paragraph> </section> <section> <num value="3338">§ 3338. </num> <heading>Interest of insured</heading> <content>Information of the nature or amount of the interest of one insured need not be communicated unless in answer to an inquiry, except as prescribed by section 3392 of this title.</content> </section> <section> <num value="3339">§ 3339. </num> <heading>Fraudulent concealment</heading> <content>An intentional and fraudulent omission, on the part of one insured, to communicate information of matters proving or tending to prove the falsity of a warranty, entitles the insurer to rescind.</content> </section> <section> <num value="3340">§ 3340. </num> <heading>Matters of opinion</heading> <content>Neither party to a contract of insurance is bound to communicate, even upon inquiry, information of his own judgment upon the matters in question.</content> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Representations</heading> <section> <num value="3351">§ 3351. </num> <heading>Oral or written</heading> <content>A representation may be oral or written.</content> </section> <section> <num value="3352">§ 3352. </num> <heading>Time of making</heading> <content>A representation may be made at the time of, or before, issuance of the policy.</content> </section> <section> <num value="3353">§ 3353. </num> <heading>Rules of interpretation</heading> <content>The language of a representation is to be interpreted by the same rules as those applied to contracts in general.</content> </section> <page identifier="/us/stat/76a/207">207</page> <section> <num value="3354">§ 3354. </num> <heading>Representation as to future</heading> <content>A representation as to the future is a promise, unless it is merely a statement of a belief or an expectation.</content> </section> <section> <num value="3355">§ 3355. </num> <heading>Effect upon policy</heading> <content>A representation can not qualify an express provision in a contract of insurance; but it may qualify an implied warranty.</content> </section> <section> <num value="3356">§ 3356. </num> <heading>Alteration or withdrawal</heading> <content>A representation may be altered or withdrawn before the insurance is effected, but not afterwards.</content> </section> <section> <num value="3357">§ 3357. </num> <heading>Time intended by representation</heading> <content>The completion of the contract of insurance is the time to which a representation must be presumed to refer.</content> </section> <section> <num value="3358">§ 3358. </num> <heading>Representation upon hearsay</heading> <content>When a person insured has no personal knowledge of a fact, he may nevertheless repeat information which he has upon the subject, and which he believes to be true, with the explanation that he does so on the information of others; or he may submit the information, in its whole extent, to the insurer. In either case, he is not responsible for its truth, unless it proceeds from an agent of the insured, whose duty it is to give the information.</content> </section> <section> <num value="3359">§ 3359. </num> <heading>Falsity</heading> <content>A representation is false when the facts fail to correspond with its assertions or stipulations.</content> </section> <section> <num value="3360">§ 3360. </num> <heading>Effect of material false representation</heading> <content>If a representation is false in a material point, whether affirmative or promissory, the injured party may rescind the contract from the time when the representation becomes false.</content> </section> <section> <num value="3361">§ 3361. </num> <heading>Materiality</heading> <content>The materiality of a representation is determined by the same rule as the materiality of a concealment.</content> </section> </article> <article> <num class="bold" value="C">Article C—</num><heading class="bold">Miscellaneous Provisions</heading> <section> <num value="3371">§ 3371. </num> <heading>Application of subchapter</heading> <content>This subchapter applies as well to a modification of a contract of insurance as to its original formation.</content> </section> </article> </subchapter> <subchapter> <num class="bold" value="VI">Subchapter VI—</num><heading class="bold">The Policy</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">General Provisions</heading> <section> <num value="3391">§ 3391. </num> <heading>Definition of policy of insurance</heading> <content>The written instrument, in which a contract of insurance is set forth, is called a policy of insurance.</content> </section> <section> <num value="3392">§ 3392. </num> <heading>Required contents of policy</heading> <chapeau>A policy of insurance must specify:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the parties between whom the contract is made;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the property or life insured;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the interest of the insured in property insured, if he is not the absolute owner thereof;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the risks insured against;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the period during which the insurance is to continue; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <chapeau>either:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the rate of premium; or</content> </subparagraph> <page identifier="/us/stat/76a/208">208</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>if the insurance is of a character where the exact premium is only determinable upon the termination of the contract, the basis and rates upon which the final premium is to be determined and paid.</content> </subparagraph> </paragraph> </section> <section> <num value="3393">§ 3393. </num> <heading>Coverage of specified insured’s interest</heading> <content>When the name of the person intended to be insured is specified in a policy, it can be applied only to his own interest.</content> </section> <section> <num value="3394">§ 3394. </num> <heading>Insurance by agent or trustee</heading> <content>When an insurance contract is executed with an agent or trustee as the insured, the fact that his principal or beneficiary is the real party in interest may be indicated by describing the insured as agent or trustee, or by other general words in the policy.</content> </section> <section> <num value="3395">§ 3395. </num> <heading>Insurance by partner or part-owner</heading> <content>To render an insurance, effected by one partner or part-owner, applicable to the interest of his copartners, or of other part-owners, it is necessary that the terms of the policy be such as are applicable to the joint or common interest.</content> </section> <section> <num value="3396">§ 3396. </num> <heading>General description of insured</heading> <content>When the description of the insured in a policy is so general that it may comprehend any person or any class of persons, only he who can show that it was intended to include him may claim the benefit of the policy.</content> </section> <section> <num value="3397">§ 3397. </num> <heading>Insurance of future owners</heading> <content>A policy may be so framed that it will inure to the benefit of whosoever, during the continuance of the risk, becomes the owner of the interest insured.</content> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Types or Policies</heading> <section> <num value="3411">§ 3411. </num> <heading>Open and valued policies</heading> <content>A policy is either open or valued.</content> </section> <section> <num value="3412">§ 3412. </num> <heading>Definition of open policy</heading> <content>An open policy is one in which the value of the subject-matter is not, agreed upon, but is left to be ascertained in case of loss.</content> </section> <section> <num value="3413">§ 3413. </num> <heading>Definition of valued policy</heading> <content>A valued policy is one which expresses on its face an agreement that the thing insured shall be valued at a specified sum.</content> </section> <section> <num value="3414">§ 3414. </num> <heading>Definition of running policy</heading> <content>A running policy is one which contemplates successive insurances, and which provides that the object of the policy may be from time to time defined, especially as to the subjects of insurance, by additional statements or indorsements.</content> </section> </article> <article> <num class="bold" value="C">Article C—</num><heading class="bold">Warranties</heading> <section> <num value="3421">§ 3421. </num> <heading>Express or implied</heading> <content>A warranty is either express or implied.</content> </section> <section> <num value="3422">§ 3422. </num> <heading>Express warranty</heading> <content>A statement in a policy, of a matter relating to the person or thing insured, or to the risk, as a fact, is an express warranty thereof.</content> </section> <section> <num value="3423">§ 3423. </num> <heading>Form of words</heading> <content>A particular form of words is not necessary to create a warranty.</content> </section> <page identifier="/us/stat/76a/209">209</page> <section> <num value="3424">§ 3424. </num> <heading>Express warranties to be in policy</heading> <content>Every express warranty, made at or before the execution of a policy must be contained in the policy itself, or in another instrument signed by the insured and referred to in the policy, as making a part of it.</content> </section> <section> <num value="3425">§ 3425. </num> <heading>Past, present, and future warranties</heading> <content>A warranty may relate to the past, the present, the future, or to any or all of these.</content> </section> <section> <num value="3426">§ 3426. </num> <heading>Statement of intent</heading> <content>A statement in a policy, which imports that there is an intention to do or not to do a thing which materially affects the risk, is a warranty that the act or omission will take place.</content> </section> <section> <num value="3427">§ 3427. </num> <heading>Excusable omission to fulfill future warranty</heading> <content>When, before the time arrives for the performance of a warranty relating to the future, a loss insured against happens, or performance becomes unlawful at the place of the contract, or impossible, the omission to fulfill the warranty does not avoid the policy.</content> </section> <section> <num value="3428">§ 3428. </num> <heading>Violation of material warranty</heading> <content>The violation of a material warranty or other material provision of a policy, on the part of either party thereto, entitles the other to rescind.</content> </section> <section> <num value="3429">§ 3429. </num> <heading>Violation of immaterial warranty</heading> <content>Unless the policy declares that a violation of specified provisions thereof shall avoid it, the breach of an immaterial provision does not avoid the policy.</content> </section> <section> <num value="3430">§ 3430. </num> <heading>Breach without fraud</heading> <content>A breach of warranty, without fraud, merely exonerates an insurer from the time that it occurs, or where the warranty is broken in its inception, prevents the policy from attaching to the risk.</content> </section> </article> </subchapter> <subchapter> <num class="bold" value="VII">Subchapter VII—</num><heading class="bold">The Premium</heading> <section> <num value="3451">§ 3451. </num> <heading>Conditions of return of premium</heading> <chapeau>If a policy is cancelled or rescinded, the person insured, unless the insurance contract otherwise provides, is entitled:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to a return of the whole premium, if no part of his interest in the thing insured is exposed to any of the perils insured against; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if the insurance is made for a definite period of time, and the insured surrenders his policy, to a return of such proportion of the premium as corresponds with the unexpired time, after deducting from the whole premium any claim for loss or damage under the policy which has previously accrued.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">Section 3452 of this title applies only to the expired time.</continuation> </section> <section> <num value="3452">§ 3452. </num> <heading>Earned premium</heading> <content>Except as provided by section 3451 of this title, or by the insurance contract, if a peril insured against has existed, and the insurer has been liable for any period, however short, the insured is not entitled to return of premiums as far as that particular risk is concerned.</content> </section> <section> <num value="3453">§ 3453. </num> <heading>Right to return</heading> <chapeau>A person insured is entitled to a return of the premium when:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>the contract is voidable on account of:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the fraud or misrepresentation of the insurer; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>facts, of the existence of which the insured was ignorant without his fault; or</content> </subparagraph> </paragraph> <page identifier="/us/stat/76a/210">210</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by any default of the insured other than actual fraud, the insurer did not incur any liability under the policy.</content> </paragraph> </section> <section> <num value="3454">§ 3454. </num> <heading>Policy as receipt</heading> <content>An acknowledgment in a policy of the receipt of premium is conclusive evidence of its payment, as far as to make the policy binding, notwithstanding any stipulation therein that it shall not be binding until the premium is actually paid.</content> </section> <section> <num value="3455">§ 3455. </num> <heading>Overinsurance by several insurers</heading> <content>In case of an overinsurance by several insurers, the insured is entitled to a ratable return of the premium, proportioned to the amount by which the aggregate sum insured in all the policies exceeds the insurable value of the subject at risk.</content> </section> <section> <num value="3456">§ 3456. </num> <heading>Overinsurance by simultaneous policies</heading> <content>When an overinsurance is effected by simultaneous policies, the insurers shall contribute to the premium to be returned in proportion to the amount insured by their respective policies.</content> </section> <section> <num value="3457">§ 3457. </num> <heading>Overinsurance by successive policies</heading> <content>When an overinsurance is effected by successive policies, those only shall contribute to a return of the premium who are exonerated by prior insurance from the liability assumed by them, and in proportion as the sum for which the premium was paid exceeds the amount for which, on account of prior insurance, they could be made liable.</content> </section> </subchapter> <subchapter> <num class="bold" value="VIII">Subchapter VIII—</num><heading class="bold">Loss</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">Transfer of Interest After Loss</heading> <section> <num value="3481">§ 3481. </num> <heading>Agreement not to transfer</heading> <content>An agreement not to transfer the claim of the insured against the insurer after a loss has happened, is void if made before the loss.</content> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Causes of Loss</heading> <section> <num value="3491">§ 3491. </num> <heading>Proximate and remote causes</heading> <content>An insurer is liable for a loss of which a peril insured against was the proximate cause, although a peril not contemplated by the contract may have been a remote cause of the loss; but he is not liable for a loss of which the peril insured against was only a remote cause.</content> </section> <section> <num value="3492">§ 3492. </num> <heading>Rescue from peril insured against</heading> <chapeau>An insurer is liable where:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the thing is rescued from a peril insured against, and which would otherwise have caused a loss, if, in the course of the rescue, the thing is exposed to a peril not insured against, and which permanently deprives the insured of its possession, in whole or in part; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a loss is caused by efforts to rescue the thing insured from a peril insured against.</content> </paragraph> </section> <section> <num value="3493">§ 3493. </num> <heading>Specially excepted perils</heading> <content>If a peril is specially excepted in a contract of insurance and there is a loss which would not have occurred but for the peril, the loss is thereby excepted even though the immediate cause of the loss was a peril which was not excepted.</content> </section> <section> <num value="3494">§ 3494. </num> <heading>Willful act of insured; negligence</heading> <content>An insurer is not liable for a loss caused by the willful act of the insured; but he is not exonerated by the negligence of the insured, or of the insured’s agents or others.</content> </section> </article> <page identifier="/us/stat/76a/211">211</page> <article> <num class="bold" value="C">Article C—</num><heading class="bold">Notice and Proofs of Loss</heading> <section> <num value="3501">§ 3501. </num> <heading>Notice of fire loss</heading> <content>In case of loss upon an insurance against fire, an insurer is exonerated if notice thereof is not given to him without unnecessary delay by a person insured or a person entitled to the benefit of the insurance.</content> </section> <section> <num value="3502">§ 3502. </num> <heading>Notice of casualty loss; 20-day period</heading> <content>Except in the case of life, marine, or fire insurance, notice of an accident, injury, or death may be given at any time within 20 days after the event, to the insurer under a policy against loss therefrom. In such a policy, a requirement of notice within a lesser period is not valid. Notice deposited in the mails properly addressed within the time stated is sufficient, though it does not reach the insurer within that time.</content> </section> <section> <num value="3503">§ 3503. </num> <heading>Preliminary proofs</heading> <content>When preliminary proof of loss is required by a policy, the insured is not bound to give such proof as would be necessary in a court of justice. It is sufficient for him to give the best evidence which he has in his power at the time.</content> </section> <section> <num value="3504">§ 3504. </num> <heading>Waiver of defects</heading> <content>All defects in a notice of loss, or in preliminary proof thereof, which the insured might remedy, and which the insurer omits to specify to him, without unnecessary delay, as grounds of objection, are waived.</content> </section> <section> <num value="3505">§ 3505. </num> <heading>Waiver of delay</heading> <content>Delay in the presentation to an insurer of notice or proof of loss is waived, if caused by any act of his, or if he omits to make objection promptly and specifically upon that ground.</content> </section> <section> <num value="3506">§ 3506. </num> <heading>Proof by third party</heading> <chapeau>If a policy requires, by way of preliminary proof of loss, the certificate or testimony of a person other than the insured or beneficiary, there is sufficient compliance with the requirement if the insured or beneficiary:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>uses reasonable diligence to procure the certificate or testimony; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in case of refusal to give the certificate or testimony to him, furnishes reasonable evidence to the insurer that the refusal was not induced by just grounds of disbelief in the facts necessary to be certified or testified.</content> </paragraph> </section> </article> </subchapter> <subchapter> <num class="bold" value="IX">Subchapter IX—</num><heading class="bold">Double Insurance</heading> <section> <num value="3521">§ 3521. </num> <heading>Definition of double insurance</heading> <content>A double insurance exists where the same person is insured by several insurers separately in respect to the same subject and interest.</content> </section> <section> <num value="3522">§ 3522. </num> <heading>Contribution in case of double insurance</heading> <content>In case of double fire insurance, each insurer shall contribute ratably toward the loss, without regard to the dates of several policies.</content> </section> </subchapter> <subchapter> <num class="bold" value="X">Subchapter X—</num><heading class="bold">Reinsurance</heading> <section> <num value="3531">§ 3531. </num> <heading>Definition of reinsurance contract</heading> <content>A contract of reinsurance is one by which an insurer procures a third person to insure him against loss or liability by reason of the insurance.</content> </section> <page identifier="/us/stat/76a/212">212</page> <section> <num value="3532">§ 3532. </num> <heading>Presumed nature of contract</heading> <content>A reinsurance is presumed to be a contract of indemnity against liability and not merely against damage.</content> </section> <section> <num value="3533">§ 3533. </num> <heading>Disclosures required</heading> <content>Where an insurer obtains reinsurance, he shall communicate all the representations of the original insured, and also all the knowledge and information he possesses, whether previously or subsequently acquired, which are material to the risk.</content> </section> <section> <num value="3534">§ 3534. </num> <heading>Interest of original insured</heading> <content>The original insured has no interest in a contract of reinsurance.</content> </section> </subchapter> <subchapter> <num class="bold" value="XI">Subchapter XI—</num><heading class="bold">Casualty Insurance</heading> <section> <num value="3551">§ 3551. </num> <heading>Liability on casualty risks; required provisions in policies</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>In respect of every contract of insurance made between an insurance company and a person, by which the person is insured against loss or damage through legal liability for the bodily injury, death, or damage to property of a third person, for which loss or damage the insured is responsible, whenever a loss occurs on account of a casualty covered by the contract of insurance, the liability of the insurance company is absolute, and the payment of the loss does not depend upon the satisfaction by the insured of a final judgment against him for loss or damage, or death, occasioned by the casualty. A contract of insurance may not be cancelled or annulled by an agreement between the insurance company and the insured after the insured has become responsible for loss or damage as mentioned in this section, and any such cancellation or annulment is void.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>Contracts or policies of insurance of the type mentioned in subsection (a) of this section, delivered in and/or having force and effect in, the Canal Zone, shall be deemed, notwithstanding any provision therein to the contrary, to contain or to be subject to the following provisions:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>A provision that the insolvency or bankruptcy of the person insured, or the insolvency of his estate, shall not release the insurer from the payment of damages for injury sustained or loss occasioned during the life of and within the coverage of the policy or contract.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>A provision that notice given by or on behalf of the insured, or written notice by or on behalf of the injured person or any other claimant, to a licensed agent of the insurer in the Canal Zone, with particulars sufficient to identify the insured, is notice to the insurer.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>A provision that failure to give any notice required to be given by the contract or policy within the time prescribed therein shall not invalidate a claim made by the insured or any other claimant thereunder if it shall be shown not to have been reasonably possible to give the notice within the prescribed time and that notice was given as soon as was reasonably possible.</content> </paragraph> </subsection> </section> <section> <num value="3552">§ 3552. </num> <heading>Remedy of injured party after recovering judgment; defenses</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Upon the recovery of a final judgment against a person by a person or by the executor or administrator of a deceased person, for loss or damage on account of bodily injury or death, or for loss or damage to property, if the defendant in the action was insured against the loss or damage at the time when the right of action arose, the judgment creditor may have the insurance money provided for in the contract or policy of insurance between the insurance company and the defendant applied to the satisfaction of the judgment. If the judg-<page identifier="/us/stat/76a/213">213</page>ment is not satisfied within 30 days after the date when it is rendered, the judgment creditor may proceed by a civil action against the defendant and the insurance company to reach and apply the insurance money to the satisfaction of the judgment.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Except as provided by this subchapter, an action brought under subsection (a) of this section is subject to the conditions of the contract or policy of insurance and to the defenses that may be pleaded by the insurer to the direct action instituted by the insured.</content> </subsection> </section> </subchapter> </chapter> <chapter> <num value="87">CHAPTER 87—</num><heading>FIRE INSURANCE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3571.</designator> <label>Alteration of use or condition of insured property.</label></referenceItem> <referenceItem role="section"><designator>3572.</designator> <label>Alteration without increase of risk.</label></referenceItem> <referenceItem role="section"><designator>3573.</designator> <label>Acts of insured.</label></referenceItem> <referenceItem role="section"><designator>3574.</designator> <label>Measure of indemnity; effect of valuation.</label></referenceItem> <referenceItem role="section"><designator>3575.</designator> <label>Same; open policy.</label></referenceItem> <referenceItem role="section"><designator>3576.</designator> <label>Request for examination of property; valuation.</label></referenceItem> <referenceItem role="section"><designator>3577.</designator> <label>Payment of loss under valued policy.</label></referenceItem> <referenceItem role="section"><designator>3578.</designator> <label>Limit of liability.</label></referenceItem> <referenceItem role="section"><designator>3579.</designator> <label>Stipulations in valued policy.</label></referenceItem> </toc> <section> <num value="3571">§ 3571. </num> <heading>Alteration of use or condition of insured property</heading> <content>An insurer is entitled to rescind a contract of fire insurance if the use or condition of the subject-matter insured is altered from that to which it is limited by the policy, and the alteration is made without the consent of the insured by means within the control of the insured and increases the risk.</content> </section> <section> <num value="3572">§ 3572. </num> <heading>Alteration without increase of risk</heading> <content>When a contract of fire insurance does not restrict the use or condition of the insured subject-matter, the contract is not affected by an alteration in the use or condition thereof if the alteration does not increase the risk.</content> </section> <section> <num value="3573">§ 3573. </num> <heading>Acts of insured</heading> <content>After the execution of a contract of insurance, an act of the insured does not affect the contract unless the act violates the provisions of the policy, even though the act increases the risk and causes a loss.</content> </section> <section> <num value="3574">§ 3574. </num> <heading>Measure of indemnity; effect of valuation</heading> <content>The effect of a valuation in a fire policy is the same as in a marine policy.</content> </section> <section> <num value="3575">§ 3575. </num> <heading>Same; open policy</heading> <content>Under an open policy, the measure of indemnity in fire insurance is the expense to the insured of replacing the thing lost or injured in its condition at the time of the injury, the expense being computed as of the time of the commencement of the fire.</content> </section> <section> <num value="3576">§ 3576. </num> <heading>Request for examination of property; valuation</heading> <content>Whenever the insured desires to have a valuation named in his policy insuring any building or structure against fire, he may require the building or structure to be examined by the insurer, and the value of the insured’s interest therein shall be fixed at that time by the parties. The cost of the examination shall be paid by the insured. A clause shall be inserted in the policy stating substantially that the value of the insured’s interest in the building or structure has been thus fixed.</content> </section> <section> <num value="3577">§ 3577. </num> <heading>Payment of loss under valued policy</heading> <chapeau>In the absence of any change increasing the risk without the consent of the insurer or of fraud on the part of the insured, and except as <page identifier="/us/stat/76a/214">214</page> provided by section 3579 of this title, the insurer, under a policy valued pursuant to section 3576 of this title, shall pay:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in case of a total loss, the whole amount insured upon the insured’s interest in the building or structure, as stated in the policy and upon which the insurers have received a premium; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in case of a partial loss, the full amount of the partial loss.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">If there are two or more policies covering the insured’s interest, each policy shall contribute pro rata to the payment of the whole or partial loss.</continuation> </section> <section> <num value="3578">§ 3578. </num> <heading>Limit of liability</heading> <content>Except as provided by section 3579 of this title, the insurer is not required to pay more than the amount stated in a policy valued pursuant to section 3756 of this title.</content> </section> <section> <num value="3579">§ 3579. </num> <heading>Stipulations in valued policy</heading> <content>Stipulations in a policy valued pursuant to section 3576 of this title concerning the repairing rebuilding or replacing of buildings or structures wholly or partially damaged or destroyed shall prevail over sections 3577 and 3578 of this title.</content> </section> </chapter> <chapter> <num value="89">CHAPTER 89—</num><heading>LIFE AND DISABILITY INSURANCE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3611.</designator> <label>Insurable interest.</label></referenceItem> <referenceItem role="section"><designator>3612.</designator> <label>Measure of indemnity.</label></referenceItem> <referenceItem role="section"><designator>3613.</designator> <label>Transfer of policy; manner; insurable interest.</label></referenceItem> <referenceItem role="section"><designator>3614.</designator> <label>Notice of transfer.</label></referenceItem> <referenceItem role="section"><designator>3615.</designator> <label>Disposition or incumbrance of interest in installment.</label></referenceItem> <referenceItem role="section"><designator>3616.</designator> <label>Manner of payment of life insurance.</label></referenceItem> <referenceItem role="section"><designator>3617.</designator> <label>Discharge of insurer by payment.</label></referenceItem> </toc> <section> <num value="3611">§ 3611. </num> <heading>Insurable interest</heading> <chapeau>Every person has an insurable interest in the life and health of:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>himself;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>any person on whom he depends wholly or in part for education or support;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>any person under a legal obligation to him for the payment of money, or respecting property or services, of which death or illness might delay or prevent the performance; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>any person upon whose life any estate or interest vested in him depends.</content> </paragraph> </section> <section> <num value="3612">§ 3612. </num> <heading>Measure of indemnity</heading> <content>In life or disability insurance the only measure of liability and damage is the sum or sums payable in the manner and at the times as provided in the policy to the person entitled thereto.</content> </section> <section> <num value="3613">§ 3613. </num> <heading>Transfer of policy; manner; insurable interest</heading> <content>A life or disability insurance policy may pass by transfer, will, or succession to any person, whether or not the transferee has an insurable interest. The transferee may recover upon it whatever the insured might have recovered.</content> </section> <section> <num value="3614">§ 3614. </num> <heading>Notice of transfer</heading> <content>Notice to all insurer of a transfer or bequest of a life or disability insurance policy is not necessary to preserve the validity of the policy unless expressly required by the policy.</content> </section> <section> <num value="3615">§ 3615. </num> <heading>Disposition or incumbrance of interest in installment</heading> <content>The beneficiary under a life insurance policy which provides for the payment of its proceeds in periodical installments, may be restrained by provisions in the policy from disposing of or incumbering his interest in any such installment prior to the date when it becomes due and payable by the insurer.</content> </section> <page identifier="/us/stat/76a/215">215</page> <section> <num value="3616">§ 3616. </num> <heading>Manner of payment of life insurance</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>An insurance upon life may be made payable:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>on the death of the insured;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>on the insured’s surviving a specified period;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>periodically as long as the insured lives;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>otherwise contingently on the continuance or determination of life; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>upon such terms and conditions and subject to such restrictions as to revocation by the policyholder and control by beneficiaries as shall have been agreed to in writing by the insurer and the policyholder, or, if no terms and conditions have been agreed to by the insurer and the policyholder during the insured’s lifetime, then upon such terms and conditions and subject to such restrictions as may be agreed to in writing by the insurer and the beneficiaries.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>An agreement between the insurer and the policyholder, referred to in paragraph (5) of subsection (a) of this section, may be rescinded or amended by the parties thereto without the consent of any beneficiary therein designated unless the rights of the beneficiary have been expressly declared to be irrevocable.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>An agreement referred to in paragraph (5) of subsection (a) of this section, made after the effective date of this Code, shall not vest in the insurer discretion as to the conditions, time, amount, manner or method of payment. The relationship between the insurer and the policyholder or beneficiaries under such an agreement shall be that of debtor and creditor and the insurer shall not be required to segregate funds so held but shall hold them as a part of its general corporate assets.</content> </subsection> </section> <section> <num value="3617">§ 3617. </num> <heading>Discharge of insurer by payment</heading> <content>Notwithstanding the provisions of section 293 of Title 8, when the proceeds of, or payments under, a life insurance policy become payable and the insurer makes payment thereof in accordance with the terms of the policy, or in accordance with the terms of a written assignment thereof if the policy has been assigned, the payment shall fully discharge the insurer from all claims under the policy unless, before the payment is made, the insurer has received, at its home office, written notice by or on behalf of another person that he claims to be entitled to the payment or to an interest in the policy.</content> </section> </chapter> <chapter> <num value="91">CHAPTER 91—</num><heading>INDEMNITY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3651.</designator> <label>Definition of indemnity.</label></referenceItem> <referenceItem role="section"><designator>3652.</designator> <label>Invalidity with respect to future wrongful act.</label></referenceItem> <referenceItem role="section"><designator>3653.</designator> <label>Validity with respect to past wrongful act.</label></referenceItem> <referenceItem role="section"><designator>3654.</designator> <label>Extension of indemnity in acts of agents.</label></referenceItem> <referenceItem role="section"><designator>3655.</designator> <label>Indemnity to several persons.</label></referenceItem> <referenceItem role="section"><designator>3656.</designator> <label>Joint or several liability.</label></referenceItem> <referenceItem role="section"><designator>3657.</designator> <label>Rules for interpreting agreement of indemnity.</label></referenceItem> <referenceItem role="section"><designator>3658.</designator> <label>Reimbursement of person indemnifying other.</label></referenceItem> <referenceItem role="section"><designator>3659.</designator> <label>Definition of bail.</label></referenceItem> <referenceItem role="section"><designator>3660.</designator> <label>Regulation of bail.</label></referenceItem> </toc> <section> <num value="3651">§ 3651. </num> <heading>Definition of indemnity</heading> <content>Indemnity is a contract by which one engages to save another from a legal consequence of the conduct of one of the parties, or of another person.</content> </section> <section> <num value="3652">§ 3652. </num> <heading>Invalidity with respect to future wrongful act</heading> <content>An agreement to indemnify a person against an act thereafter to be done, is void, if the act be known by that person at the time of doing it to be unlawful.</content> </section> <page identifier="/us/stat/76a/216">216</page> <section> <num value="3653">§ 3653. </num> <heading>Validity with respect to past wrongful act</heading> <content>An agreement to indemnify a person against an act already done, is valid, even though the act was known to be wrongful, unless it was a felony.</content> </section> <section> <num value="3654">§ 3654. </num> <heading>Extension of indemnity to acts of agents</heading> <content>An agreement to indemnify against the acts of a certain person, applies not only to his acts and their consequences, but also to those of his agents.</content> </section> <section> <num value="3655">§ 3655. </num> <heading>Indemnity to several persons</heading> <content>An agreement to indemnify several persons applies to each, unless a contrary intention appears.</content> </section> <section> <num value="3656">§ 3656. </num> <heading>Joint or several liability</heading> <content>One who indemnifies another against an act to be done by the latter is liable jointly with the person indemnified, and separately, to every person injured by the act.</content> </section> <section> <num value="3657">§ 3657. </num> <heading>Rules for interpreting agreement of indemnity</heading> <chapeau>In the interpretation of a contract of indemnity the following rules are to be applied, unless a contrary intention appears:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>upon an indemnity against liability, expressly or in other equivalent terms, the person indemnified is entitled to recover upon becoming liable;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>upon an indemnity against claims, or demands, or damages, or costs, expressly, or in other equivalent terms, the person indemnified is not entitled to recover without payment thereof;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>an indemnity against claims, or demands, or liability expressly, or in other equivalent terms, embraces the costs of defense against the claims, demands, or liability incurred in good faith and in the exercise of a reasonable discretion;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the person indemnifying shall, on request of the person indemnified, defend actions or proceedings brought against the latter in respect to the matters embraced by the indemnity, but the person indemnified has the right to engage in the conduct of the defenses, if he chooses to do so;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>if, after request, the person indemnifying neglects to defend the person indemnified, a recovery against the latter suffered by him in good faith is conclusive in his favor against the former;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>if the person indemnifying, whether he is a principal or a surety in the agreement, has not reasonable notice of the action or proceeding against the person indemnified, or is not allowed to control its defense, judgment against the latter is only presumptive evidence against the former; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>a stipulation that a judgment against the person indemnified shall be conclusive upon the person indemnifying, is inapplicable if the person indemnified had a good defense upon the merits, which by want of ordinary care he failed to establish in the action.</content> </paragraph> </section> <section> <num value="3658">§ 3658. </num> <heading>Reimbursement of person indemnifying other</heading> <content>Where one, at the request of another, engages to answer in damages, whether liquidated or unliquidated, for any violation of duty on the part of the latter, he is entitled to be reimbursed in the same manner as a surety for whatever he may pay.</content> </section> <section> <num value="3659">§ 3659. </num> <heading>Definition of bail</heading> <content>Upon those contracts of indemnity which are taken in legal proceedings as security for the performance of an obligation imposed or declared by the tribunals, and known as undertakings or recognizances, the sureties are called bail.</content> </section> <page identifier="/us/stat/76a/217">217</page> <section> <num value="3660">§ 3660. </num> <heading>Regulation of bail</heading> <content>The obligations of bail are governed by the law specially applicable thereto.</content> </section> </chapter> <chapter> <num value="93">CHAPTER 93—</num><heading>GUARANTY IN GENERAL</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3691.</designator> <label>Definition of guaranty.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">creation of guaranty</inline></label></referenceItem> <referenceItem role="section"><designator>3711.</designator> <label>Guarantor without knowledge of principal.</label></referenceItem> <referenceItem role="section"><designator>3712.</designator> <label>Consideration.</label></referenceItem> <referenceItem role="section"><designator>3713.</designator> <label>Writing; signature.</label></referenceItem> <referenceItem role="section"><designator>3714.</designator> <label>Obligations which need not be in writing.</label></referenceItem> <referenceItem role="section"><designator>3715.</designator> <label>Acceptance of guaranty; notice.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">interpretation of guaranty</inline></label></referenceItem> <referenceItem role="section"><designator>3731.</designator> <label>Guaranty of incomplete contract.</label></referenceItem> <referenceItem role="section"><designator>3732.</designator> <label>Guaranty that an obligation is good or collectible.</label></referenceItem> <referenceItem role="section"><designator>3733.</designator> <label>Same; recovery.</label></referenceItem> <referenceItem role="section"><designator>3734.</designator> <label>Same; guarantor’s liability.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">liability of guarantors</inline></label></referenceItem> <referenceItem role="section"><designator>3751.</designator> <label>Conditional and unconditional guaranties.</label></referenceItem> <referenceItem role="section"><designator>3752.</designator> <label>Liability of guarantor of payment or performance.</label></referenceItem> <referenceItem role="section"><designator>3753.</designator> <label>Liability of guarantor of conditional obligation.</label></referenceItem> <referenceItem role="section"><designator>3754.</designator> <label>Guarantor’s obligation commensurate with that of principal.</label></referenceItem> <referenceItem role="section"><designator>3755.</designator> <label>Illegal contract or personal disability of principal.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">continuing guaranty</inline></label></referenceItem> <referenceItem role="section"><designator>3771.</designator> <label>Definition of continuing guaranty.</label></referenceItem> <referenceItem role="section"><designator>3772.</designator> <label>Revocation.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vi</inline>—</designator><label><inline class="smallCaps">exoneration of guarantors</inline></label></referenceItem> <referenceItem role="section"><designator>3791.</designator> <label>Alteration of original obligation; suspension of remedies or rights.</label></referenceItem> <referenceItem role="section"><designator>3792.</designator> <label>Void promises.</label></referenceItem> <referenceItem role="section"><designator>3793.</designator> <label>Rescission of agreement altering obligation or impairing remedy.</label></referenceItem> <referenceItem role="section"><designator>3794.</designator> <label>Partial satisfaction of obligation.</label></referenceItem> <referenceItem role="section"><designator>3795.</designator> <label>Delay in proceeding by creditor.</label></referenceItem> <referenceItem role="section"><designator>3796.</designator> <label>Liability of indemnified guarantor notwithstanding modification or release.</label></referenceItem> <referenceItem role="section"><designator>3797.</designator> <label>Effect of discharge of principal.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="3691">§ 3691. </num> <heading>Definition of guaranty</heading> <content>A guaranty is a promise to answer for the debt, default, or miscarriage of another person.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Creation of Guaranty</heading> <section> <num value="3711">§ 3711. </num> <heading>Guarantor without knowledge of principal</heading> <content>A person may become guarantor even without the knowledge or consent of the principal.</content> </section> <section> <num value="3712">§ 3712. </num> <heading>Consideration</heading> <content>Where a guaranty is entered into at the same time with the original obligation, or with the acceptance of the latter by the guarantee, and forms with that obligation a part of the consideration to him, no other consideration need exist. In all other cases there must be a consideration distinct front that of the original obligation.</content> </section> <section> <num value="3713">§ 3713. </num> <heading>Writing; signature</heading> <content>Except as prescribed by section 3714 of this title, a guaranty must be in writing, and signed by the guarantor; but the writing need not express a consideration.</content> </section> <page identifier="/us/stat/76a/218">218</page> <section> <num value="3714">§ 3714. </num> <heading>Obligations which need not be in writing</heading> <chapeau>A promise to answer for the obligation of another, in any of the following cases, is deemed an original obligation of the promisor, and need not be in writing:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where the promise is made by one who has received property of another upon an undertaking to apply it pursuant to the promise, or by one who has received a discharge from an obligation in whole or in part in consideration of the promise;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where the creditor parts with value, or enters into an obligation, in consideration of the obligation in respect to which the promise is made, in terms or under circumstances such as to render the party making the promise the principal debtor, and the person in whose behalf it is made, his surety;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>where the promise, being for an antecedent obligation of another, is made upon the consideration that the party receiving it cancels the antecedent obligation, accepting the new promise as a substitute therefor; or upon the consideration that the party receiving it releases the property of another from a levy, or his person from imprisonment under an execution on a judgment obtained upon the antecedent obligation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>where the promise is upon a consideration beneficial to the promisor, whether moving from either party to the antecedent obligation or from another person;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>where a factor undertakes, for a commission, to sell merchandise and guarantee the sale; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>where the holder of an instrument for the payment of money, upon which a third person is or may become liable to him, transfers it in payment of a precedent debt of his own, or for a new consideration, and in connection with such transfer enters into a promise respecting such instrument.</content> </paragraph> </section> <section> <num value="3715">§ 3715. </num> <heading>Acceptance of guaranty; notice</heading> <content>A mere offer to guarantee is not binding until notice of its acceptance is communicated by the guarantee to the guarantor; but an absolute guaranty is binding upon the guarantor without notice of acceptance.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Interpretation of Guaranty</heading> <section> <num value="3731">§ 3731. </num> <heading>Guaranty of incomplete contract</heading> <content>In a guaranty of a contract, the terms of which are not then settled, it is implied that its terms shall be such as will not expose the guarantor to greater risks than he would incur under those terms which are most common in similar contracts at the place where the principal contract is to be performed.</content> </section> <section> <num value="3732">§ 3732. </num> <heading>Guaranty that an obligation is good or collectible</heading> <content>A guaranty to the effect that an obligation is good, or is collectible, imports that the debtor is solvent and that the demand is collectible by the usual legal proceedings, if taken with reasonable diligence.</content> </section> <section> <num value="3733">§ 3733. </num> <heading>Same; recovery</heading> <content>A guaranty, such as is provided by section 3732 of this title, is not discharged by an omission to take proceedings upon the principal debt, or upon any collateral security or its payment, if no part of the debt could have been collected thereby.</content> </section> <section> <num value="3734">§ 3734. </num> <heading>Same; guarantor’s liability</heading> <content>In the cases provided by section 3733 of this title, the removal of the principal from the Canal Zone, leaving no property therein from which the obligation might be satisfied, is equivalent to the insol-<page identifier="/us/stat/76a/219">219</page>vency of the principal in its effect upon the rights and obligations of the guarantor.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Liability of Guarantors</heading> <section> <num value="3751">§ 3751. </num> <heading>Conditional and unconditional guaranties</heading> <content>A guaranty is to be deemed unconditional unless its terms import some condition precedent to the liability of the guarantor.</content> </section> <section> <num value="3752">§ 3752. </num> <heading>Liability of guarantor of payment or performance</heading> <content>A guarantor of payment or performance is liable to the guarantee immediately upon the default of the principal, and without demand or notice.</content> </section> <section> <num value="3753">§ 3753. </num> <heading>Liability of guarantor of conditional obligation</heading> <content>Where one guarantees a conditional obligation, his liability is commensurate with that of the principal, and he is not entitled to notice of the default of the principal, unless he is unable, by the exercise of reasonable diligence, to acquire information of the default, and the creditor has actual notice thereof.</content> </section> <section> <num value="3754">§ 3754. </num> <heading>Guarantor’s obligation commensurate with that of principal</heading> <content>The obligation of a guarantor must be neither larger in amount nor in other respects more burdensome than that of the principal; and if in its terms it exceeds it, it is reducible in proportion to the principal obligation.</content> </section> <section> <num value="3755">§ 3755. </num> <heading>Illegal contract or personal disability of principal</heading> <content>A guarantor is not liable if the contract of the principal is unlawful; but he is liable notwithstanding any mere personal disability of the principal, though the disability be such as to make the contract void against the principal.</content> </section> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Continuing Guaranty</heading> <section> <num value="3771">§ 3771. </num> <heading>Definition of continuing guaranty</heading> <content>A guaranty relating to a future liability of the principal, under successive transactions, which either continue his liability or from time to time renew it after it has been satisfied, is called a continuing guaranty.</content> </section> <section> <num value="3772">§ 3772. </num> <heading>Revocation</heading> <content>A continuing guaranty may be revoked at any time by the guarantor, in respect to future transactions, unless there is a continuing consideration as to the transactions which he does not renounce.</content> </section> </subchapter> <subchapter> <num class="bold" value="VI">Subchapter VI—</num><heading class="bold">Exoneration of Guarantors</heading> <section> <num value="3791">§ 3791. </num> <heading>Alteration of original obligation; suspension of remedies or rights</heading> <content>A guarantor is exonerated, except so far as he may be indemnified by the principal, if, by any act of the creditor, without the consent of the guarantor, the original obligation of the principal is altered in any respect, or the remedies or rights of the creditor against the principal, in respect thereto, are in any way impaired or suspended.</content> </section> <section> <num value="3792">§ 3792. </num> <heading>Void promises</heading> <content>A promise by a creditor, which for any cause is void, or voidable by him at his option, does not alter the obligation or suspend or impair the remedy, within the meaning of section 3791 of this title.</content> </section> <page identifier="/us/stat/76a/220">220</page> <section> <num value="3793">§ 3793. </num> <heading>Rescission of agreement altering obligation or impairing remedy</heading> <content>The rescission of an agreement altering the original obligation of a debtor, or impairing the remedy of a creditor, does not restore the liability of a guarantor who has been exonerated by the agreement.</content> </section> <section> <num value="3794">§ 3794. </num> <heading>Partial satisfaction of obligation</heading> <content>The acceptance by a creditor, of anything in partial satisfaction of an obligation, reduces the obligation of a guarantor thereof, in the same measure as that of the principal, but does not otherwise affect it.</content> </section> <section> <num value="3795">§ 3795. </num> <heading>Delay in proceeding by creditor</heading> <content>Mere delay on the part of a creditor to proceed against the principal, or to enforce any other remedy, does not exonerate a guarantor.</content> </section> <section> <num value="3796">§ 3796. </num> <heading>Liability of indemnified guarantor notwithstanding modification or release</heading> <content>A guarantor who has been indemnified by the principal is liable to the creditor to the extent of the indemnity, notwithstanding that the creditor, without the assent of the guarantor, may have modified the contract or released the principal.</content> </section> <section> <num value="3797">§ 3797. </num> <heading>Effect of discharge of principal</heading> <content>A guarantor is not exonerated by the discharge of his principal by operation of law, without the intervention or omission of the creditor.</content> </section> </subchapter> </chapter> <chapter> <num value="95">CHAPTER 95—</num><heading>SURETYSHIP</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3831.</designator> <label>Definition of surety.</label></referenceItem> <referenceItem role="section"><designator>3832.</designator> <label>Apparent principal may show that be is surety.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">liability of sureties</inline></label></referenceItem> <referenceItem role="section"><designator>3851.</designator> <label>Limit of surety’s obligation.</label></referenceItem> <referenceItem role="section"><designator>3852.</designator> <label>Rules of interpretation.</label></referenceItem> <referenceItem role="section"><designator>3853.</designator> <label>Effect of judgment against surety.</label></referenceItem> <referenceItem role="section"><designator>3854.</designator> <label>Exoneration by performance or offer of performance.</label></referenceItem> <referenceItem role="section"><designator>3855.</designator> <label>Discharge by certain acts of creditor.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">rights of sureties</inline></label></referenceItem> <referenceItem role="section"><designator>3871.</designator> <label>Surety has rights of guarantor.</label></referenceItem> <referenceItem role="section"><designator>3872.</designator> <label>Pursuit of certain remedies by creditor; exoneration of surety for neglect.</label></referenceItem> <referenceItem role="section"><designator>3873.</designator> <label>Compelling principal to perform.</label></referenceItem> <referenceItem role="section"><designator>3874.</designator> <label>Reimbursement of surety by principal.</label></referenceItem> <referenceItem role="section"><designator>3875.</designator> <label>Subrogation to creditor’s rights; contribution from cosureties.</label></referenceItem> <referenceItem role="section"><designator>3876.</designator> <label>Entitlement to benefits of securities held by creditor.</label></referenceItem> <referenceItem role="section"><designator>3877.</designator> <label>Property of principal to be applied first.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">rights of creditors</inline></label></referenceItem> <referenceItem role="section"><designator>3901.</designator> <label>Entitlement to benefits of securities held by surety.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">letter of credit</inline></label></referenceItem> <referenceItem role="section"><designator>3921.</designator> <label>Definition of letter of credit.</label></referenceItem> <referenceItem role="section"><designator>3922.</designator> <label>How addressed.</label></referenceItem> <referenceItem role="section"><designator>3923.</designator> <label>Liability of the writer.</label></referenceItem> <referenceItem role="section"><designator>3924.</designator> <label>General or special letters of credit.</label></referenceItem> <referenceItem role="section"><designator>3925.</designator> <label>Nature and effect of general letter of credit.</label></referenceItem> <referenceItem role="section"><designator>3926.</designator> <label>Extent of general letter of credit.</label></referenceItem> <referenceItem role="section"><designator>3927.</designator> <label>Letter as continuing guaranty in certain cases.</label></referenceItem> <referenceItem role="section"><designator>3928.</designator> <label>Notice to writer of letter.</label></referenceItem> <referenceItem role="section"><designator>3929.</designator> <label>Agreement of credit with terms of letter.</label></referenceItem> </toc> <page identifier="/us/stat/76a/221">221</page> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="3831">§ 3831. </num> <heading>Definition of surety</heading> <content>A surety is one who at the request of another, and for the purpose of securing a benefit to him, becomes responsible for the performance by the latter of some act in favor of a third person, or hypothecates property as security therefor.</content> </section> <section> <num value="3832">§ 3832. </num> <heading>Apparent principal may show that he is surety</heading> <content>One who appears to be a principal, whether by the terms of a written instrument or otherwise, may show that he is in fact a surety, except as against persons who have acted on the faith of his apparent character of principal.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Liability of Sureties</heading> <section> <num value="3851">§ 3851. </num> <heading>Limit of surety’s obligation</heading> <content>A surety cannot be held beyond the express terms of his contract, and if the contract prescribes a penalty for its breach, he is not in any case liable for more than the penalty.</content> </section> <section> <num value="3852">§ 3852. </num> <heading>Rules of interpretation</heading> <content>In interpreting the terms of a contract of suretyship, the same rules are to be observed as in the case of other contracts.</content> </section> <section> <num value="3853">§ 3853. </num> <heading>Effect of judgment against surety</heading> <content>Notwithstanding the recovery of judgment by a creditor against a surety, the latter still occupies the relation of surety.</content> </section> <section> <num value="3854">§ 3854. </num> <heading>Exoneration by performance or offer of performance</heading> <content>Performance of the principal obligation, or an offer of performance, duly made as provided in this title, exonerates a surety.</content> </section> <section> <num value="3855">§ 3855. </num> <heading>Discharge by certain acts of creditor</heading> <chapeau>A surety is exonerated:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in like manner with a guarantor;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to the extent to which he is prejudiced by any act of the creditor which would naturally prove injurious to the remedies of the surety or inconsistent with his rights, or which lessens his security; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to the extent to which he is prejudiced by an omission of the creditor to do anything, when required by the surety, which it is his duty to do.</content> </paragraph> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Rights of Sureties</heading> <section> <num value="3871">§ 3871. </num> <heading>Surety has rights of guarantor</heading> <content>A surety has all the rights of a guarantor, whether he becomes personally responsible or not.</content> </section> <section> <num value="3872">§ 3872. </num> <heading>Pursuit of certain remedies by creditor; exoneration of surety for neglect</heading> <content>A surety may require his creditor to proceed against the principal, or to pursue any other remedy in his power which the surety cannot himself pursue, and which would lighten his burden; and if in such case the creditor neglects to do so, the surety is exonerated to the extent to which he is thereby prejudiced.</content> </section> <section> <num value="3873">§ 3873. </num> <heading>Compelling principal to perform</heading> <content>A surety may compel his principal to perform the obligation when due.</content> </section> <page identifier="/us/stat/76a/222">222</page> <section> <num value="3874">§ 3874. </num> <heading>Reimbursement of surety by principal</heading> <content>If a surety satisfies the principal obligation, or any part thereof, whether with or without legal proceedings, the principal shall reimburse what the surety has disbursed, including necessary costs and expenses; but the surety has no claim for reimbursement against other persons, though they may have been benefited by his act, except as prescribed by section 3875 of this title.</content> </section> <section> <num value="3875">§ 3875. </num> <heading>Subrogation to creditor’s rights; contribution from cosureties</heading> <content>A surety, upon satisfying the obligation of the principal, may enforce every remedy which the creditor then has against the principal to the extent of reimbursing what he has expended, and may require all his cosureties to contribute thereto, without regard to the order of time in which they become cosureties.</content> </section> <section> <num value="3876">§ 3876. </num> <heading>Entitlement to benefits of securities held by creditor</heading> <content>A surety is entitled to the benefit of every security for the performance of the principal obligation held by the creditor, or by a cosurety at the time of entering into the contract of suretyship, or acquired by him afterward, whether the surety was aware of the security or not.</content> </section> <section> <num value="3877">§ 3877. </num> <heading>Property of principal to be applied first</heading> <content>Whenever property of a surety is hypothecated with property of the principal, the surety may have the property of the principal first applied to the discharge of the obligation.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Rights of Creditors</heading> <section> <num value="3901">§ 3901. </num> <heading>Entitlement to benefits of securities held by surety</heading> <content>A creditor is entitled to the benefit of everything which a surety has received from the debtor by way of security for the performance of the obligation, and may, upon maturity of the obligation, compel the application of the security to its satisfaction.</content> </section> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Letter of Credit</heading> <section> <num value="3921">§ 3921. </num> <heading>Definition of letter of credit</heading> <content>A letter of credit is a written instrument addressed by one person to another, requesting the latter to give credit to the person in whose favor it is drawn.</content> </section> <section> <num value="3922">§ 3922. </num> <heading>How addressed</heading> <content>A letter of credit may be addressed to several persons in succession.</content> </section> <section> <num value="3923">§ 3923. </num> <heading>Liability of the writer</heading> <content>The writer of a letter of credit is, upon the default of the debtor, liable to those who gave credit in compliance with its terms.</content> </section> <section> <num value="3924">§ 3924. </num> <heading>General or special letters of credit</heading> <content>A letter of credit is either general or special. When the request for credit in a letter is addressed to specified persons by name or description, the letter is special. All other letters of credit are general.</content> </section> <section> <num value="3925">§ 3925. </num> <heading>Nature and effect of general letter of credit</heading> <content>A general letter of credit gives any person to whom it may be shown authority to comply with its request, and by his so doing it becomes, as to him, of the same effect us if addressed to him by name.</content> </section> <section> <num value="3926">§ 3926. </num> <heading>Extent of general letter of credit</heading> <content>Several persons may successively give credit upon a general letter.</content> </section> <page identifier="/us/stat/76a/223">223</page> <section> <num value="3927">§ 3927. </num> <heading>Letter as continuing guaranty in certain cases</heading> <content>If the parties to a letter of credit appear, by its terms, to contemplate a course of future dealing between the parties, it is not exhausted by giving a credit, even to the amount limited by the letter, which is subsequently reduced or satisfied by payments made by the debtor, but is to be deemed a continuing guaranty.</content> </section> <section> <num value="3928">§ 3928. </num> <heading>Notice to writer of letter</heading> <content>The writer of a letter of credit is liable for credit given upon it without notice to him, unless its terms express or imply the necessity of giving notice.</content> </section> <section> <num value="3929">§ 3929. </num> <heading>Agreement of credit with terms of letter</heading> <content>If a letter of credit prescribes the persons by whom, or the mode in which, the credit is to be given, or the term of credit, or limits the amount thereof, the writer is not bound except for transactions which, in these respects, conform strictly to the terms of the letter.</content> </section> </subchapter> </chapter> <chapter> <num value="97">CHAPTER 97—</num><heading>LIENS IN GENERAL</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3961.</designator> <label>Definition of lien.</label></referenceItem> <referenceItem role="section"><designator>3962.</designator> <label>General or special liens.</label></referenceItem> <referenceItem role="section"><designator>3963.</designator> <label>Definition of general lien.</label></referenceItem> <referenceItem role="section"><designator>3964.</designator> <label>Definition of special lien.</label></referenceItem> <referenceItem role="section"><designator>3965.</designator> <label>Satisfaction of prior lien by holder of special lien.</label></referenceItem> <referenceItem role="section"><designator>3966.</designator> <label>Contracts governed by this chapter.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">creation of liens</inline></label></referenceItem> <referenceItem role="section"><designator>3991.</designator> <label>Manner of creation.</label></referenceItem> <referenceItem role="section"><designator>3992.</designator> <label>No lien for claim not due.</label></referenceItem> <referenceItem role="section"><designator>3993.</designator> <label>Lien on future interest.</label></referenceItem> <referenceItem role="section"><designator>3994.</designator> <label>Obligations not in existence when lien created.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">effect of liens</inline></label></referenceItem> <referenceItem role="section"><designator>4011.</designator> <label>Title not transferred by lien.</label></referenceItem> <referenceItem role="section"><designator>4012.</designator> <label>Certain contracts void.</label></referenceItem> <referenceItem role="section"><designator>4013.</designator> <label>Creation as not implying personal obligation.</label></referenceItem> <referenceItem role="section"><designator>4014.</designator> <label>Lien as security for other obligations.</label></referenceItem> <referenceItem role="section"><designator>4015.</designator> <label>Compensation of holder of lien.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">priority of liens</inline></label></referenceItem> <referenceItem role="section"><designator>4031.</designator> <label>Time of creation as controlling; exception.</label></referenceItem> <referenceItem role="section"><designator>4032.</designator> <label>Marshaling liens.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">redemption from liens</inline></label></referenceItem> <referenceItem role="section"><designator>4051.</designator> <label>Right to redeem; subrogation.</label></referenceItem> <referenceItem role="section"><designator>4052.</designator> <label>Rights of inferior lienor.</label></referenceItem> <referenceItem role="section"><designator>4053.</designator> <label>Procedure for redemption from lien.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vi</inline>—</designator><label><inline class="smallCaps">extinction of liens</inline></label></referenceItem> <referenceItem role="section"><designator>4071.</designator> <label>Lien as accessory to act whose performance it secures.</label></referenceItem> <referenceItem role="section"><designator>4072.</designator> <label>Extinction by sale or conversion.</label></referenceItem> <referenceItem role="section"><designator>4073.</designator> <label>Extinction under statute of limitations.</label></referenceItem> <referenceItem role="section"><designator>4074.</designator> <label>Partial performance.</label></referenceItem> <referenceItem role="section"><designator>4075.</designator> <label>Restoration of property as extinguishing lien dependent upon possession.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="3961">§ 3961. </num> <heading>Definition of lien</heading> <content>A lien is a charge imposed in a mode other than by a transfer in trust upon specific property by which it is made security for the performance of an act.</content> </section> <page identifier="/us/stat/76a/224">224</page> <section> <num value="3962">§ 3962. </num> <heading>General or special liens</heading> <content>Liens are either general or special.</content> </section> <section> <num value="3963">§ 3963. </num> <heading>Definition of general lien</heading> <content>A general lien is one which the holder thereof may enforce as a security for the performance of all the obligations, or all of a particular class of obligations, which exist in his favor against the owner of the property.</content> </section> <section> <num value="3964">§ 3964. </num> <heading>Definition of special lien</heading> <content>A special lien is one which the holder thereof may enforce only as security for the performance of a particular act or obligation, and of such obligations as may be incidental thereto.</content> </section> <section> <num value="3965">§ 3965. </num> <heading>Satisfaction of prior lien by holder of special lien</heading> <content>Where the holder of a special lien is compelled to satisfy a prior lien for his own protection, he may enforce payment of the amount so paid by him, as a part of the claim for which his own lien exists.</content> </section> <section> <num value="3966">§ 3966. </num> <heading>Contracts governed by this chapter</heading> <content>Contracts of mortgage and pledge are subject to all the provisions of this chapter.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Creation of Liens</heading> <section> <num value="3991">§ 3991. </num> <heading>Manner of creation</heading> <chapeau>A lien is created:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by contract of the parties; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by operation of law.</content> </paragraph> </section> <section> <num value="3992">§ 3992. </num> <heading>No lien for claim not due</heading> <content>A lien does not arise by mere operation of law until the time at which the act to be secured thereby ought to be performed.</content> </section> <section> <num value="3993">§ 3993. </num> <heading>Lien on future interest</heading> <content>An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien, or not yet in existence. In such a case the lien agreed for attaches from the time when the party agreeing to give it acquires an interest in the thing, to the extent of the interest.</content> </section> <section> <num value="3994">§ 3994. </num> <heading>Obligations not in existence when lien created</heading> <content>A lien may be created by contract, to take immediate effect, as security for the performance of obligations not then in existence.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Effect of Liens</heading> <section> <num value="4011">§ 4011. </num> <heading>Title not transferred by lien</heading> <content>Notwithstanding an agreement to the contrary, a lien or a contract for a lien, does not transfer any title to the property subject to the lien.</content> </section> <section> <num value="4012">§ 4012. </num> <heading>Certain contracts void</heading> <content>All contracts for the forfeiture of property subject to a lien, in satisfaction of the obligation secured thereby, and all contracts in restraint of the right of redemption from a lien, are void.</content> </section> <section> <num value="4013">§ 4013. </num> <heading>Creation as not implying personal obligation</heading> <content>The creation of a lien does not of itself imply that any person is bound to perform the act for which the lien is a security.</content> </section> <section> <num value="4014">§ 4014. </num> <heading>Lien as security for other obligations</heading> <content>The existence of a lien upon property does not of itself entitle the person in whose favor it exists to a lien upon the same property for <page identifier="/us/stat/76a/225">225</page> the performance of any other obligation than that which the lien originally secured.</content> </section> <section> <num value="4015">§ 4015. </num> <heading>Compensation of holder of lien</heading> <content>One who holds property by virtue of a lien thereon is not entitled to compensation from the owner thereof for any trouble or expense which he incurs respecting it, except to the same extent as a borrower, under sections 1369 and 1970 of this title.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Priority of Liens</heading> <section> <num value="4031">§ 4031. </num> <heading>Time of creation as controlling; exception</heading> <content>Other things being equal, different liens upon the same property have priority according to the time of their creation, except in cases of bottomry and respondentia.</content> </section> <section> <num value="4032">§ 4032. </num> <heading>Marshaling liens</heading> <chapeau>Where one has a lien upon several things, and other persons have subordinate liens upon, or interests in, some but not all of the same things, the person having the prior lien, if he can do so without risk of loss to himself or of injustice to other persons, shall resort to the property in the following order, on the demand of any party interested:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to the things upon which he has an exclusive lien;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to the things which are subject to the fewest subordinate liens;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in like manner inversely to the number of subordinate liens upon the same things; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau>when several things are within one of the foregoing classes, and subject to the same number of liens:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>to the things which have not been transferred since the prior lien was created;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>to the things which have been so tranferred without a valuable consideration; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>to the things which have been so transferred for a valuable consideration in the inverse order of the transfer.</content> </subparagraph> </paragraph> </section> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Redemption from Liens</heading> <section> <num value="4051">§ 4051. </num> <heading>Right to redeem; subrogation</heading> <content>A person having an interest in property subject to a lien may redeem it from the lien at any time after the claim is due and before his right of redemption is foreclosed. By the redemption, he becomes subrogated to all the benefits of the lien, as against all owners of other interests in the property, except insofar as he was bound to make the redemption for their benefit.</content> </section> <section> <num value="4052">§ 4052. </num> <heading>Rights of inferior lienor</heading> <chapeau>One who has a lien inferior to another, upon the same property, may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>redeem the property in the same manner as its owner might, from the superior lien; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>be subrogated to all the benefits of the superior lien, when necessary for the protection of his interests, upon satisfying the claim secured thereby.</content> </paragraph> </section> <section> <num value="4053">§ 4053. </num> <heading>Procedure for redemption from lien</heading> <content>Redemption from a lien is made by performing, or offering to perform, the act for the performance of which it is a security, and paying, or offering to pay, the damages, if any, to which the holder of the lien is entitled for delay.</content> </section> </subchapter> <page identifier="/us/stat/76a/226">226</page> <subchapter> <num class="bold" value="VI">Subchapter VI—</num><heading class="bold">Extinction of Liens</heading> <section> <num value="4071">§ 4071. </num> <heading>Lien as accessory to act whose performance it secures</heading> <content>A lien is to be deemed accessory to the act for the performance of which it is a security, whether any person is bound for the performance or not, and is extinguishable in like manner with any other accessory obligation.</content> </section> <section> <num value="4072">§ 4072. </num> <heading>Extinction by sale or conversion</heading> <content>The sale of any property on which there is a lien, in satisfaction of the claim secured thereby or in case of personal property, its wrongful conversion by the person holding the lien, extinguishes the lien thereon.</content> </section> <section> <num value="4073">§ 4073. </num> <heading>Extinction under statute of limitations</heading> <content>A lien is extinguished by the lapse of the time within which, under Title 5, an action may be brought upon the principal obligation.</content> </section> <section> <num value="4074">§ 4074. </num> <heading>Partial performance</heading> <content>The partial performance of an act secured by a lien does not extinguish the lien upon any part of the property subject thereto, even if it is divisible.</content> </section> <section> <num value="4075">§ 4075. </num> <heading>Restoration of property as extinguishing lien dependent upon possession</heading> <content>The voluntary restoration of property to its owner by the holder of a lien thereon dependent upon possession extinguishes the lien as to the property, unless otherwise agreed by the parties, and extinguishes it, notwithstanding any such agreement, as to creditors of the owner and persons subsequently acquiring a title to the property, or a lien thereon, in good faith, and for value.</content> </section> </subchapter> </chapter> <chapter> <num value="99">CHAPTER 99—</num><heading>MORTGAGE</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4111.</designator> <label>Definition of mortgage.</label></referenceItem> <referenceItem role="section"><designator>4112.</designator> <label>Formalities of creation.</label></referenceItem> <referenceItem role="section"><designator>4113.</designator> <label>Lien of mortgage as special.</label></referenceItem> <referenceItem role="section"><designator>4114.</designator> <label>Transfer as creating mortgage or pledge.</label></referenceItem> <referenceItem role="section"><designator>4115.</designator> <label>Proof of transfer made subject to defeasance on a condition.</label></referenceItem> <referenceItem role="section"><designator>4116.</designator> <label>Extent of mortgage lien.</label></referenceItem> <referenceItem role="section"><designator>4117.</designator> <label>Possession of mortgaged property.</label></referenceItem> <referenceItem role="section"><designator>4118.</designator> <label>Mortgage not a personal obligation.</label></referenceItem> <referenceItem role="section"><designator>4119.</designator> <label>Waste.</label></referenceItem> <referenceItem role="section"><designator>4120.</designator> <label>Subsequent acquisition of title by mortgagor.</label></referenceItem> <referenceItem role="section"><designator>4121.</designator> <label>Power of sale.</label></referenceItem> <referenceItem role="section"><designator>4122.</designator> <label>Power of attorney to execute.</label></referenceItem> <referenceItem role="section"><designator>4123.</designator> <label>Validity of mortgage with respect to third persons.</label></referenceItem> <referenceItem role="section"><designator>4124.</designator> <label>Recording assignment of mortgage; notice.</label></referenceItem> <referenceItem role="section"><designator>4125.</designator> <label>Recording assignment of mortgage not notice to mortgagor; validity of payments.</label></referenceItem> <referenceItem role="section"><designator>4126.</designator> <label>Mortgage passes by assignment of debt.</label></referenceItem> <referenceItem role="section"><designator>4127.</designator> <label>Discharge; marginal entry; form.</label></referenceItem> <referenceItem role="section"><designator>4128.</designator> <label>Same; recording certificate of payment, satisfaction, or discharge.</label></referenceItem> <referenceItem role="section"><designator>4129.</designator> <label>Duty of mortgagee on satisfaction of mortgage.</label></referenceItem> <referenceItem role="section"><designator>4130.</designator> <label>Bottomry and respondentia excluded from chapter.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">mortgages of personal property</inline></label></referenceItem> <referenceItem role="section"><designator>4151.</designator> <label>Mortgageable personal property.</label></referenceItem> <referenceItem role="section"><designator>4152.</designator> <label>Stock in trade of merchant.</label></referenceItem> <referenceItem role="section"><designator>4153.</designator> <label>Form of personal property mortgage.</label></referenceItem> <referenceItem role="section"><designator>4154.</designator> <label>Essentials for validity as to third persons.</label></referenceItem> <page identifier="/us/stat/76a/227">227</page> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4155.</designator> <label>Duties of registrar with respect to filing; fee.</label></referenceItem> <referenceItem role="section"><designator>4156.</designator> <label>Filing assignment of mortgage; notice.</label></referenceItem> <referenceItem role="section"><designator>4157.</designator> <label>Removal of mortgaged property from Canal Zone.</label></referenceItem> <referenceItem role="section"><designator>4158.</designator> <label>Foreclosure of mortgage; manner.</label></referenceItem> <referenceItem role="section"><designator>4159.</designator> <label>Attachment or execution upon mortgaged property.</label></referenceItem> <referenceItem role="section"><designator>4160.</designator> <label>Inapplicability of sections 4154–4157 to certain ships and aircraft.</label></referenceItem> <referenceItem role="section"><designator>4161.</designator> <label>Continuance of lien of mortgage on crops.</label></referenceItem> <referenceItem role="section"><designator>4162.</designator> <label>Validity of certain mortgages.</label></referenceItem> <referenceItem role="section"><designator>4163.</designator> <label>Discharge of mortgage of personal property.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="4111">§ 4111. </num> <heading>Definition of mortgage</heading> <content>Mortgage is a contract by which specific property is hypothecated for the performance of an act, without the necessity of a change of possession.</content> </section> <section> <num value="4112">§ 4112. </num> <heading>Formalities of creation</heading> <content>A mortgage may be created, renewed, or extended, only by writing, subscribed by the party to be charged or by his agent thereunto authorized in writing.</content> </section> <section> <num value="4113">§ 4113. </num> <heading>Lien of mortgage as special</heading> <content>The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of possession.</content> </section> <section> <num value="4114">§ 4114. </num> <heading>Transfer as creating mortgage or pledge</heading> <content>A transfer of an interest in property, other than in trust, made only as a security for the performance of another net, is to be deemed a mortgage, except when it is accompanied by actual change of possession, in which case it is to be deemed a pledge.</content> </section> <section> <num value="4115">§ 4115. </num> <heading>Proof of transfer made subject to defeasance on a condition</heading> <content>Except as against a subsequent purchaser or encumbrancer for value and without notice, the fact that a transfer was made subject to defeasance on a condition may, for the purpose of showing the transfer to be a mortgage, be proved, though the fact does not appear by the terms of the instrument.</content> </section> <section> <num value="4116">§ 4116. </num> <heading>Extent of mortgage lien</heading> <content>A mortgage is a lien upon everything that would pass by a grant of the property.</content> </section> <section> <num value="4117">§ 4117. </num> <heading>Possession of mortgaged property</heading> <content>Unless authorized by the express terms of the mortgage, a mortgage does not entitle the mortgagee to the possession of the property; but after the execution of the mortgage the mortgagor may agree to a change of possession without a new consideration.</content> </section> <section> <num value="4118">§ 4118. </num> <heading>Mortgage not a personal obligation</heading> <content>A mortgage does not bind the mortgagor personally to perform the act for the performance of which it is a security, unless there is an express covenant therein to that effect.</content> </section> <section> <num value="4119">§ 4119. </num> <heading>Waste</heading> <content>A person whose interest is subject to the lien of a mortgage may not do any act which will substantially impair the mortgagee’s security.</content> </section> <section> <num value="4120">§ 4120. </num> <heading>Subsequent acquisition of title by mortgagor</heading> <content>Title acquired by the mortgagor subsequent to the execution of the mortgage, inures to the mortgagee as security for the debt in like manner as if acquired before the execution.</content> </section> <page identifier="/us/stat/76a/228">228</page> <section> <num value="4121">§ 4121. </num> <heading>Power of sale</heading> <content>A power of sale may be conferred by a mortgage upon the mortgagee or any other person, to be exercised after a breach of the obligation for which the mortgage is a security.</content> </section> <section> <num value="4122">§ 4122. </num> <heading>Power of attorney to execute</heading> <content>A power of attorney to execute a mortgage must be in writing, subscribed, acknowledged, or proved, and certified in the manner prescribed by chapter 27 of this title, and recorded in the office of the registrar of property.</content> </section> <section> <num value="4123">§ 4123. </num> <heading>Validity of mortgage with respect to third persons</heading> <content>A mortgage of property is void as against creditors of the mortgagor and subsequent purchasers and encumbrances of the property in good faith for value, unless it is acknowledged or proved and certified in the manner prescribed by chapter 27 of this title and recorded in the office of the registrar of property of the Canal Zone.</content> </section> <section> <num value="4124">§ 4124. </num> <heading>Recording assignment of mortgage; notice</heading> <content>An assignment of a mortgage may be recorded in like manner as a mortgage, and the record operates as notice to all persons subsequently deriving title to the mortgage from the assignor.</content> </section> <section> <num value="4125">§ 4125. </num> <heading>Recording assignment of mortgage not notice to mortgagor; validity of payments</heading> <content>When the mortgage is executed as security for money due, or to become due, on a promissory note, bond, or other instrument designated in the mortgage, the record of the assignment of the mortgage is not, of itself, notice to a mortgagor, his heirs, or personal representatives, so as to invalidate any payment made by them, or either of them, to the person holding the note, bond, or other instrument.</content> </section> <section> <num value="4126">§ 4126. </num> <heading>Mortgage passes by assignment of debt</heading> <content>The assignment of a debt secured by mortgage carries with it the security.</content> </section> <section> <num value="4127">§ 4127. </num> <heading>Discharge; marginal entry; form</heading> <content>A recorded mortgage may be discharged by an entry in the margin of the record thereof, signed by the mortgagee, or his personal representative or assignee, acknowledging the satisfaction of the mortgage in the presence of the registrar of property, who shall certify the acknowledgment in form substantially as follows: “Signed and acknowledged before me, this <fillIn style="font-family:monospace">-----</fillIn> day of <fillIn style="font-family:monospace">-----</fillIn>, in the year <fillIn style="font-family:monospace">-----</fillIn>. A. B., Registrar of Property.”</content> </section> <section> <num value="4128">§ 4128. </num> <heading>Same; recording certificate of payment, satisfaction, or discharge</heading> <content>A recorded mortgage, if not discharged as provided in section 4127 of this title, must be discharged upon the record by the officer having custody thereof, on the presentation to him of a certificate signed by the mortgagee, his personal representatives or assigns, acknowledged or proved and certified as prescribed by chapter 27 of this title, stating that the mortgage has been paid, satisfied, or discharged.</content> </section> <section> <num value="4129">§ 4129. </num> <heading>Duty of mortgagee on satisfaction of mortgage</heading> <content> <p class="indent0 firstIndent1 fontsize10">When a mortgage has been satisfied, the mortgagee or his assignee shall immediately, on the demand of the mortgagor, execute, acknowledge and deliver to him a certificate of the discharge thereof, so as to entitle it to be recorded, or he shall enter satisfaction, or cause satisfaction of the mortgage to be entered of record. A mortgagee, or assignee of the mortgagee, who refuses to execute, acknowledge, and deliver to the mortgagor the certificate of discharge, or to enter satisfaction, or cause satisfaction of the mortgage to be entered, as pro-<page identifier="/us/stat/76a/229">229</page>vided in this chapter is liable to the mortgagor, or his grantee or heirs, for all damages which he or they may sustain by reason of the refusal, and shall also forfeit to him or them the sum of $100. The mortgagee, his assignee, or personal representative, shall deliver to the mortgagor, his heirs, successors, or assigns, the mortgage and the note so paid or satisfied. For filing and entering the certificate of discharge, or satisfaction, the registrar shall be entitled to a fee of 50 cents.</p> <p class="indent0 firstIndent1 fontsize10">This section does not apply to the payment, satisfaction and discharge of mortgages of personal property under section 4163 of this title.</p> </content> </section> <section> <num value="4130">§ 4130. </num> <heading>Bottomry and respondentia excluded from chapter</heading> <content>Contracts of bottomry or respondentia, although in the nature of mortgages, are not affected by this chapter.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Mortgages of Personal Property</heading> <section> <num value="4151">§ 4151. </num> <heading>Mortgageable personal property</heading> <content>Mortgages may be made upon all growing crops, including fruit, and upon any and all kinds of personal property, except articles of wearing apparel and personal adornment.</content> </section> <section> <num value="4152">§ 4152. </num> <heading>Stock in trade of merchant</heading> <content>Where a mortgage is made upon the stock in trade of a merchant, it shall be deemed, in the absence of a contrary intention, to cover goods subsequently acquired; and purchasers from the mortgagor in good faith and in the usual course of business are not liable to the mortgagee.</content> </section> <section> <num value="4153">§ 4153. </num> <heading>Form of personal property mortgage</heading> <content> <p class="indent0 firstIndent1 fontsize10">A mortgage of personal property may be made in substantially the following form: This mortgage, made the <fillIn style="font-family:monospace">-----</fillIn> day of <fillIn style="font-family:monospace">-----</fillIn>, in the year <fillIn style="font-family:monospace">-----</fillIn>, by A B, of <fillIn style="font-family:monospace">-----</fillIn>, by occupation a <fillIn style="font-family:monospace">-----</fillIn>, mortgagor, to C D, of <fillIn style="font-family:monospace">-----</fillIn>, by occupation a <fillIn style="font-family:monospace">-----</fillIn>, mortgagee, witnesseth:</p> <p class="indent0 firstIndent1 fontsize10">That the mortgagor mortgages to the mortgagee (here describe the property), as security for the payment to him of <fillIn style="font-family:monospace">-----</fillIn> dollars, on (or before) the <fillIn style="font-family:monospace">-----</fillIn> day of <fillIn style="font-family:monospace">-----</fillIn>, in the year <fillIn style="font-family:monospace">-----</fillIn>, with interest thereon (or, as security for the payment of a note or obligation, describing it, and so forth) A B.</p> </content> </section> <section> <num value="4154">§ 4154. </num> <heading>Essentials for validity as to third persons</heading> <chapeau>A mortgage of personal property is void as against creditors of the mortgagor and subsequent purchasers and encumbrancers of the property in good faith and for value, unless:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>it is accompanied by the affidavit of all the parties thereto that it is made in good faith and without any design to hinder, delay, or defraud creditors;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>it is acknowledged or proved and certified in the manner prescribed by chapter 27 of this title; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>it, or a true copy, is filed in the office of the registrar of property of the Canal Zone.</content> </paragraph> </section> <section> <num value="4155">§ 4155. </num> <heading>Duties of registrar with respect to filing; fee</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The registrar of property shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>mark upon the mortgage of personal property, or copy, filed with him, the day and hour of filing;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>file the mortgage, or copy, in his office for public inspection;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>keep a separate book and enter therein the names of the mortgagor and mortgagee, the date of the mortgage, the day and hour of filing, a brief description of the property mortgaged and the amount of the mortgage; and</content> </paragraph> <page identifier="/us/stat/76a/230">230</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>index the book referred to in paragraph (3) of this subsection under the names of both mortgagor and mortgagee.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>For filing and entering a mortgage of personal property or copy thereof, or an assignment of such a mortgage, the registrar shall he entitled to a fee of $1.</content> </subsection> </section> <section> <num value="4156">§ 4156. </num> <heading>Filing assignment of mortgage; notice</heading> <content>An assignment of a mortgage of personal property may be filed in like manner as a mortgage of personal property, and each filing operates as notice to all persons subsequently deriving title to the mortgage from the assignor. When a mortgage of personal property is executed as security for money due, or to become due, on a promissory note, bond, or other instrument designated in the mortgage, the filing of the assignment of the mortgage is not, of itself, notice to a mortgagor, his heirs, or personal representatives, so as to invalidate any payment made by them, or either of them, to the person holding the note, bond, or other instrument.</content> </section> <section> <num value="4157">§ 4157. </num> <heading>Removal of mortgaged property from Canal Zone</heading> <content>A mortgagor may not remove or permit the removal of mortgaged property from the Canal Zone without the written consent of the mortgagee.</content> </section> <section> <num value="4158">§ 4158. </num> <heading>Foreclosure of mortgage; manner</heading> <content>A mortgagee of personal property, when the debt to secure which the mortgage was executed becomes due, may foreclose the mortgagor’s right of redemption by a sale of the property, made in the manner and upon the notice prescribed by chapter 101 of this title, or by proceedings pursuant to sections 1731–1734 of Title 5.</content> </section> <section> <num value="4159">§ 4159. </num> <heading>Attachment or execution upon mortgaged property</heading> <content>Personal property mortgaged may be taken under attachment or execution issued at the suit of a creditor of the mortgagor in the manner provided by section 569 of Title 5.</content> </section> <section> <num value="4160">§ 4160. </num> <heading>Inapplicability of sections 4154–4157 to certain ships and aircraft</heading> <content>Sections 4154–4157 of this title do not apply to any mortgage of a ship or part of a ship under the flag of the United States, nor to any mortgage of an aircraft, or part thereof, licensed or registered under the laws of the united States.</content> </section> <section> <num value="4161">§ 4161. </num> <heading>Continuance of lien of mortgage on crops</heading> <content>The lien of a mortgage on a growing crop continues on the crop after severance, whether remaining in its original state or converted into another product, as long as the same remains on the land.</content> </section> <section> <num value="4162">§ 4162. </num> <heading>Validity of certain mortgages</heading> <content>Mortgages of personal property, other than that upon which mortgages are authorized to be made by section 4151 of this title, and mortgages not made in conformity with this subchapter, are nevertheless valid between the parties, their heirs, legatees, and personal representatives, and persons who, before parting with value, have actual notice thereof.</content> </section> <section> <num value="4163">§ 4163. </num> <heading>Discharge of mortgage of personal property</heading> <content>Upon the payment or satisfaction of a mortgage of personal property, the mortgagee, his assignee, or legal representative, upon the request of the mortgagor or of any person interested in the mortgaged property, must execute, acknowledge, and deliver to the person requesting it a certificate setting forth the payment or satisfaction. If the mortgagee, his assignee, or legal representative refuses to execute, acknowledge, and deliver to the mortgagor or other person interested <page identifier="/us/stat/76a/231">231</page> in the mortgaged property the certificate provided for in this section he shall forfeit to the person requesting the certificate the sum of $5 and be liable for all damages suffered by reason of the refusal. Upon presentation of the certificate of payment or satisfaction to the registrar of property, he shall file it and note the discharge of the mortgage and the date thereon on the margin of the page where the mortgage has been entered. For filing and entering the certificate of payment or satisfaction, the registrar shall be entitled to a fee of 50 cents.</content> </section> </subchapter> </chapter> <chapter> <num value="101">CHAPTER 101—</num><heading>PLEDGE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4201.</designator> <label>Definition.</label></referenceItem> <referenceItem role="section"><designator>4202.</designator> <label>Certain contracts as pledges.</label></referenceItem> <referenceItem role="section"><designator>4203.</designator> <label>Delivery of property as essential.</label></referenceItem> <referenceItem role="section"><designator>4204.</designator> <label>Increase.</label></referenceItem> <referenceItem role="section"><designator>4205.</designator> <label>Extent of lienor’s pledge.</label></referenceItem> <referenceItem role="section"><designator>4206.</designator> <label>Pledgee’s rights as against real owner.</label></referenceItem> <referenceItem role="section"><designator>4207.</designator> <label>Rights of owner pledging to secure obligation of another person.</label></referenceItem> <referenceItem role="section"><designator>4208.</designator> <label>Deposit of pledged property with third person as pledge holder.</label></referenceItem> <referenceItem role="section"><designator>4209.</designator> <label>Withdrawal of pledged property by pledge lender.</label></referenceItem> <referenceItem role="section"><designator>4210.</designator> <label>Obligations of pledge holder.</label></referenceItem> <referenceItem role="section"><designator>4211.</designator> <label>Enforcement of pledgee’s rights by pledge holder.</label></referenceItem> <referenceItem role="section"><designator>4212.</designator> <label>Obligation of pledgee and pledge holder for reward.</label></referenceItem> <referenceItem role="section"><designator>4213.</designator> <label>Gratuitous pledge holder.</label></referenceItem> <referenceItem role="section"><designator>4214.</designator> <label>Debtor’s misrepresentation of value of pledge.</label></referenceItem> <referenceItem role="section"><designator>4215.</designator> <label>When pledgee may sell.</label></referenceItem> <referenceItem role="section"><designator>4216.</designator> <label>Demand for performance as condition precedent to sale.</label></referenceItem> <referenceItem role="section"><designator>4217.</designator> <label>Notice of sale to pledgor.</label></referenceItem> <referenceItem role="section"><designator>4218.</designator> <label>Waiver of notice of sale.</label></referenceItem> <referenceItem role="section"><designator>4219.</designator> <label>Waiver of demand for performance.</label></referenceItem> <referenceItem role="section"><designator>4220.</designator> <label>Manner of sale.</label></referenceItem> <referenceItem role="section"><designator>4221.</designator> <label>Pledgee’s sole of securities; collection.</label></referenceItem> <referenceItem role="section"><designator>4222.</designator> <label>Sale on demand of pledgor.</label></referenceItem> <referenceItem role="section"><designator>4223.</designator> <label>Payment of surplus to pledgor after sale.</label></referenceItem> <referenceItem role="section"><designator>4224.</designator> <label>Retention, by pledgee, of all that can become due.</label></referenceItem> <referenceItem role="section"><designator>4225.</designator> <label>Purchase of property by pledgee or pledge holder.</label></referenceItem> <referenceItem role="section"><designator>4226.</designator> <label>Foreclosure, by judicial sale, of right of redemption.</label></referenceItem> </toc> <section> <num value="4201">§ 4201. </num> <heading>Definition</heading> <content>Pledge is a deposit of personal property by way of security for the performance of another act.</content> </section> <section> <num value="4202">§ 4202. </num> <heading>Certain contracts as pledges</heading> <content>Every contract by which the possession of personal property is transferred, as security only, is to be deemed a pledge.</content> </section> <section> <num value="4203">§ 4203. </num> <heading>Delivery of property as essential</heading> <content>The lien of a pledge is dependent on possession, and a pledge is not valid until the property pledged is delivered to the pledgee, or to a pledge holder, as hereinafter prescribed.</content> </section> <section> <num value="4204">§ 4204. </num> <heading>Increase</heading> <content>The increase of property pledged is pledged with the property.</content> </section> <section> <num value="4205">§ 4205. </num> <heading>Extent of lienor’s pledge</heading> <content>One who has a lien upon property may pledge it to the extent of his lien.</content> </section> <section> <num value="4206">§ 4206. </num> <heading>Pledgee’s rights as against real owner</heading> <content>One who has allowed another to assume the apparent ownership of property for the purpose of making any transfer of it, may not set up his own title, to defeat a pledge of the property, made by the other, to a pledgee who received the property in good faith, in the ordinary course of business, and for value.</content> </section> <page identifier="/us/stat/76a/232">232</page> <section> <num value="4207">§ 4207. </num> <heading>Rights of owner pledging to secure obligation of another person</heading> <content>Property may be pledged as security for the obligation of a person other than the owner, and in so doing the owner has all the rights of a pledgor for himself, except as hereafter stated in this chapter.</content> </section> <section> <num value="4208">§ 4208. </num> <heading>Deposit of pledged property with third person as pledge holder</heading> <content>A pledgor and pledgee may agree upon a third person with whom to deposit the property pledged, who, if he accepts the deposit, is called a pledge holder.</content> </section> <section> <num value="4209">§ 4209. </num> <heading>Withdrawal of pledged property by pledge lender</heading> <content>One who pledges property as security for the obligation of another may not withdraw the property pledged otherwise than as a pledgor for himself might, and if he receives from the debtor a consideration for the pledge he cannot withdraw it without his consent.</content> </section> <section> <num value="4210">§ 4210. </num> <heading>Obligations of pledge holder</heading> <content>A pledge holder for reward may not exonerate himself from his undertaking; and a gratuitous pledge holder may do so only by giving reasonable notice to the pledgor and pledgee to appoint a new pledge holder, and in case of their failure to agree, by depositing the property pledged with an impartial person, who will then be entitled to a reasonable compensation for his care of it.</content> </section> <section> <num value="4211">§ 4211. </num> <heading>Enforcement of pledgee’s rights by pledge holder</heading> <content>A pledge holder shall enforce all the rights of the pledgee, unless authorized by him to waive them.</content> </section> <section> <num value="4212">§ 4212. </num> <heading>Obligation of pledgee and pledge holder for reward</heading> <content>A pledgee, or a pledge holder for reward, assumes the duties and liabilities of a depositary for reward.</content> </section> <section> <num value="4213">§ 4213. </num> <heading>Gratuitous pledge holder</heading> <content>A gratuitous pledge holder assumes the duties and liabilities of a gratuitous depositary.</content> </section> <section> <num value="4214">§ 4214. </num> <heading>Debtor’s misrepresentation of value of pledge</heading> <content>Where a debtor has obtained credit, or an extension of time, by a fraudulent misrepresentation of the value of property pledged by or for him, the creditor may demand a further pledge to correspond with the value represented; and in default thereof may recover his debt immediately, though it be not actually due.</content> </section> <section> <num value="4215">§ 4215. </num> <heading>When pledgee may sell</heading> <content>When performance of the act for which a pledge is given is due, in whole or in part, the pledgee may collect what is due to him by a sale of property pledged, subject to the rules and exceptions hereinafter prescribed.</content> </section> <section> <num value="4216">§ 4216. </num> <heading>Demand for performance as condition precedent to sale</heading> <content>Before property pledged can be sold, and after performance of the act for which it is security is due, the pledgee shall demand performance thereof from the debtor, if the debtor can be found.</content> </section> <section> <num value="4217">§ 4217. </num> <heading>Notice of sale to pledgor</heading> <content>A pledgee shall give actual notice to the pledgor of the time and place at which the property pledged will be sold, at such a reasonable time before the sale as will enable the pledgor to attend.</content> </section> <section> <num value="4218">§ 4218. </num> <heading>Waiver of notice of sale</heading> <content>Notice of sale may be waived by a pledgor at any time; but is not waived by a mere waiver of demand of performance.</content> </section> <page identifier="/us/stat/76a/233">233</page> <section> <num value="4219">§ 4219. </num> <heading>Waiver of demand for performance</heading> <content>A debtor or pledgor waives a demand for performance as a condition precedent to a sale of the property pledged, by a positive refusal to perform, after performance is due; but may not waive it in any other manner except by contract.</content> </section> <section> <num value="4220">§ 4220. </num> <heading>Manner of sale</heading> <content>The sale by pledgee, of property pledged, must be made by public auction, in the manner and upon the notice of sale of personal property under execution.</content> </section> <section> <num value="4221">§ 4221. </num> <heading>Pledgee’s sale of securities; collection</heading> <content>A pledgee may not sell evidences of debt pledged to him, except the obligations of governments, States, or corporations; but he may collect them when due.</content> </section> <section> <num value="4222">§ 4222. </num> <heading>Sale on demand of pledgor</heading> <content>Whenever property pledged can be sold for a price sufficient to satisfy the claim of the pledgee, the pledgor may require it to be sold, and its proceeds to be applied to the satisfaction, when due.</content> </section> <section> <num value="4223">§ 4223. </num> <heading>Payment of surplus to pledgor after sale</heading> <content>After a pledgee has lawfully sold property pledged, or otherwise collected its proceeds, he may deduct therefrom the amount due under the principal obligation, and the necessary expenses of sale and collection, and shall pay the surplus to the pledgor, on demand.</content> </section> <section> <num value="4224">§ 4224. </num> <heading>Retention, by pledgee, of all that can become due</heading> <content>When property pledged is sold by order of the pledger before the claim of the pledgee is due, the latter may retain out of the proceeds all that can possibly become due under his claim until it becomes due.</content> </section> <section> <num value="4225">§ 4225. </num> <heading>Purchase of property by pledgee or pledge holder</heading> <content>Whenever property pledged is sold at public auction, in the manner provided by section 4220 of this title, the pledgee or pledge holder may purchase the property at the sale.</content> </section> <section> <num value="4226">§ 4226. </num> <heading>Foreclosure, by judicial sale, of right of redemption</heading> <content>Instead of selling property pledged, as hereinbefore provided, a pledgee may foreclose the right of redemption by a judicial sale, under the direction of a competent court; and in that case may be authorized by the court to purchase at the sale.</content> </section> </chapter> <chapter> <num value="103">CHAPTER 103—</num><heading>OTHER LIENS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4261.</designator> <label>Liens on personal property for services thereon.</label></referenceItem> <referenceItem><designator>     (a)</designator> <label>Generally.</label></referenceItem> <referenceItem><designator>     (b)</designator> <label>Livery and feed-stable, etc., proprietors.</label></referenceItem> <referenceItem><designator>     (c)</designator> <label>Foundry proprietors.</label></referenceItem> <referenceItem><designator>     (d)</designator> <label>Laundry and dry cleaning proprietors.</label></referenceItem> <referenceItem><designator>     (e)</designator> <label>Veterinary proprietors and surgeons.</label></referenceItem> <referenceItem><designator>     (f)</designator> <label>Garage keepers.</label></referenceItem> <referenceItem role="section"><designator>4262.</designator> <label>Limitation on amount of lien unless notice given.</label></referenceItem> <referenceItem role="section"><designator>4263.</designator> <label>Sale of property by lien holder; notice; proceeds.</label></referenceItem> <referenceItem role="section"><designator>4264.</designator> <label>Factor’s lien.</label></referenceItem> <referenceItem role="section"><designator>4265.</designator> <label>Banker’s lien.</label></referenceItem> <referenceItem role="section"><designator>4266.</designator> <label>Officer’s lien.</label></referenceItem> </toc> <section> <num value="4261">§ 4261. </num> <heading>Liens on personal property for services thereon</heading> <subsection class="indent0 firstIndent0 fontsize10"> <num value="a">(a) </num> <heading class="bold">Generally.</heading> <content>Whoever, while lawfully in possession of an article of personal property, renders any service to the owner thereof, by labor or skill, employed for the protection, improvement, safekeeping, or carriage thereof, has a special lien thereon, dependent on possession, for the <page identifier="/us/stat/76a/234">234</page> compensation, if any, which is due to him from the owner for the service; and whoever makes, alters, or repairs any article of personal property, at the request of the owner or legal possessor of the property, has a lien thereon for his reasonable charges for the balance due for the work done and materials furnished, and may retain possession of the property until the charges are paid.</content> </subsection> <subsection class="indent0 firstIndent0 fontsize10"> <num value="b">(b) </num> <heading class="bold">Livery and feed-stable, etc., proprietors.</heading> <content>Livery or boarding or feed-stable or feed-yard proprietors, and persons pasturing horses or stock, have a lien, dependent on possession, for their compensation in caring for, boarding, feeding, or pasturing the horses or stock.</content> </subsection> <subsection class="indent0 firstIndent0 fontsize10"> <num value="c">(c) </num> <heading class="bold">Foundry proprietors.</heading> <content>Foundry proprietors and persons conducting a foundry business have a lien, dependent on possession, upon all patterns in their hands belonging to a customer, for the balance due them from the customers for foundry work.</content> </subsection> <subsection class="indent0 firstIndent0 fontsize10"> <num value="d">(d) </num> <heading class="bold">Laundry and dry cleaning proprietors.</heading> <content>Laundry proprietors and dry cleaning establishment proprietors, and persons conducting a laundry business or dry cleaning establishment, have a general lien, dependent on possession, upon all personal property in their hands belonging to a customer, for the balance due them from the customers for laundry or dry cleaning work. This subsection does not confer a lien in favor of a wholesale dry cleaner on materials received from a dry cleaning establishment proprietor or a person conducting a dry cleaning establishment.</content> </subsection> <subsection class="indent0 firstIndent0 fontsize10"> <num value="e">(e) </num> <heading class="bold">Veterinary proprietors and surgeons.</heading> <content>Veterinary proprietors and veterinary surgeons have a lien, dependent on possession, for their compensation in caring for, boarding, feeding, and the medical treatment of animals.</content> </subsection> <subsection class="indent0 firstIndent0 fontsize10"> <num value="f">(f) </num> <heading class="bold">Garage keepers.</heading> <content>Keepers of garages for automobiles have a lien, dependent on possession, for their compensation in caring for and safekeeping the automobiles, and for making repairs and performing any labor upon, or furnishing supplies or materials for, the automobiles. Where the possession of, or lien upon, an automobile held under a claim of lien hereunder is lost by reason of fraud, trick, or device, the repossession of the automobile by the garage keeper shall revive the lien so lost. A lien thus revived is subordinate to any sale, lien, encumbrance, right, title, or interest in the automobile acquired or exercised in good faith and for value by a person between the time of loss of possession and the time of repossession.</content> </subsection> </section> <section> <num value="4262">§ 4262. </num> <heading>Limitation on amount of lien unless notice given</heading> <content>That portion of any lien, as provided for in section 4261 of this title, in excess of $200, for any work, services, care, or safekeeping rendered or performed at the request of any person other than the holder of the legal title, is invalid, unless prior to commencing any such work, service, care, or safekeeping, the person claiming the lien gives actual notice in writing either by personal service or by registered letter addressed to the holder of the legal title to the property, if known. In the case of automobiles, the person named as legal owner in the registration certificate, shall be deemed, for the purpose of this section, the holder of the legal title.</content> </section> <section> <num value="4263">§ 4263. </num> <heading>Sale of property by lien holder; notice; proceeds</heading> <content>If the person entitled to the lien provided for in section 4261 of this title is not paid the amount due and for which the lien is given, <page identifier="/us/stat/76a/235">235</page> within 20 days after the amount has become due, the lien holder may proceed to sell the property, or so much thereof as may be necessary to satisfy the lien and costs of sale, at public auction, and by giving at least 10 days’ previous notice of the sale by advertising in a newspaper of general circulation in the Canal Zone. The proceeds of the sale must be applied to the discharge of the lien and the cost of keeping and selling the property. The remainder, if any, must be paid over to the person who owned the property at the time of sale.</content> </section> <section> <num value="4264">§ 4264. </num> <heading>Factor’s lien</heading> <content>A factor has a general lien, dependent on possession, for all that is due to him as such, upon all articles of commercial value that are intrusted to him by the same principal.</content> </section> <section> <num value="4265">§ 4265. </num> <heading>Banker’s lien</heading> <content>A banker has a general lien, dependent on possession, upon all property in his hands belonging to a customer, for the balance due to him from the customer in the course of the business.</content> </section> <section> <num value="4266">§ 4266. </num> <heading>Officer’s lien</heading> <content>An officer who levies an attachment or execution upon personal property acquires a special lien, dependent on possession, upon the property, which authorizes him to hold it until the process is discharged or satisfied, or a judicial sale of the property is had.</content> </section> </chapter> <chapter> <num value="105">CHAPTER 105—</num><heading>NEGOTIABLE INSTRUMENTS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">negotiable instruments in general</inline></label></referenceItem> <referenceItem role="article"><designator>Article A—</designator><label>Form and Interpretation</label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4301.</designator> <label>Form of negotiable instrument.</label></referenceItem> <referenceItem role="section"><designator>4302.</designator> <label>Certainty of sum payable; definition.</label></referenceItem> <referenceItem role="section"><designator>4303.</designator> <label>Unconditional order or promise to pay.</label></referenceItem> <referenceItem role="section"><designator>4304.</designator> <label>Determinable future time defined.</label></referenceItem> <referenceItem role="section"><designator>4305.</designator> <label>Nonnegotiable instrument; provisions not affecting negotiability.</label></referenceItem> <referenceItem role="section"><designator>4306.</designator> <label>Omissions; seal; particular money; statement of nature of consideration.</label></referenceItem> <referenceItem role="section"><designator>4307.</designator> <label>Payable on demand.</label></referenceItem> <referenceItem role="section"><designator>4308.</designator> <label>Payable to order.</label></referenceItem> <referenceItem role="section"><designator>4309.</designator> <label>Payable to bearer.</label></referenceItem> <referenceItem role="section"><designator>4310.</designator> <label>Sufficiency of terms of instrument.</label></referenceItem> <referenceItem role="section"><designator>4311.</designator> <label>Date; presumption.</label></referenceItem> <referenceItem role="section"><designator>4312.</designator> <label>Antedating or postdating.</label></referenceItem> <referenceItem role="section"><designator>4313.</designator> <label>Insertion of date; when authorized; wrong date.</label></referenceItem> <referenceItem role="section"><designator>4314.</designator> <label>Filling up blanks.</label></referenceItem> <referenceItem role="section"><designator>4315.</designator> <label>Incomplete instrument not delivered.</label></referenceItem> <referenceItem role="section"><designator>4316.</designator> <label>Delivery; necessity; when effectual; presumptions.</label></referenceItem> <referenceItem role="section"><designator>4317.</designator> <label>Construction in case of ambiguity or omissions.</label></referenceItem> <referenceItem role="section"><designator>4318.</designator> <label>Liability of signatories; signature in trade or assumed name.</label></referenceItem> <referenceItem role="section"><designator>4319.</designator> <label>Signature by agent; authority; proof.</label></referenceItem> <referenceItem role="section"><designator>4320.</designator> <label>Liability of person signing as agent, etc.</label></referenceItem> <referenceItem role="section"><designator>4321.</designator> <label>Signature by procuration.</label></referenceItem> <referenceItem role="section"><designator>4322.</designator> <label>Indorsement or assignment by corporation or infant.</label></referenceItem> <referenceItem role="section"><designator>4323.</designator> <label>Forged signature.</label></referenceItem> <referenceItem role="article"><designator>Article B—</designator><label>Consideration</label></referenceItem> <referenceItem role="section"><designator>4331.</designator> <label>Presumption of consideration.</label></referenceItem> <referenceItem role="section"><designator>4332.</designator> <label>Value defined.</label></referenceItem> <referenceItem role="section"><designator>4333.</designator> <label>Holder for value.</label></referenceItem> <referenceItem role="section"><designator>4334.</designator> <label>Lien holder as holder for value.</label></referenceItem> <referenceItem role="section"><designator>4335.</designator> <label>Want of consideration; effect.</label></referenceItem> <referenceItem role="section"><designator>4336.</designator> <label>Liability of accommodation party.</label></referenceItem> <referenceItem role="article"><designator>Article C—</designator><label>Negotiation</label></referenceItem> <referenceItem role="section"><designator>4341.</designator> <label>Negotiation defined.</label></referenceItem> <referenceItem role="section"><designator>4342.</designator> <label>Indorsement; method.</label></referenceItem> <referenceItem role="section"><designator>4343.</designator> <label>Indorsement must be of entire instrument.</label></referenceItem> <referenceItem role="section"><designator>4344.</designator> <label>Kinds of indorsement.</label></referenceItem> <referenceItem role="section"><designator>4345.</designator> <label>Special indorsement; indorsement in blank.</label></referenceItem> <page identifier="/us/stat/76a/236">236</page> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4346.</designator> <label>Indorsement in blank; change to special indorsement.</label></referenceItem> <referenceItem role="section"><designator>4347.</designator> <label>Restrictive indorsement.</label></referenceItem> <referenceItem role="section"><designator>4348.</designator> <label>Restrictive indorsement; effect; rights of indorsee.</label></referenceItem> <referenceItem role="section"><designator>4349.</designator> <label>Qualified indorsement.</label></referenceItem> <referenceItem role="section"><designator>4350.</designator> <label>Conditional indorsement.</label></referenceItem> <referenceItem role="section"><designator>4351.</designator> <label>Indorsement of instrument payable to bearer.</label></referenceItem> <referenceItem role="section"><designator>4352.</designator> <label>Indorsement of instrument payable to two or more persons.</label></referenceItem> <referenceItem role="section"><designator>4353.</designator> <label>Instrument drawn or indorsed to “cashier”.</label></referenceItem> <referenceItem role="section"><designator>4354.</designator> <label>Indorsement where name wrongly designated or misspelled.</label></referenceItem> <referenceItem role="section"><designator>4355.</designator> <label>Indorsement in representative capacity.</label></referenceItem> <referenceItem role="section"><designator>4356.</designator> <label>Time of indorsement; presumption.</label></referenceItem> <referenceItem role="section"><designator>4357.</designator> <label>Place of indorsement; presumption.</label></referenceItem> <referenceItem role="section"><designator>4358.</designator> <label>Continuation of negotiable character.</label></referenceItem> <referenceItem role="section"><designator>4359.</designator> <label>Striking out indorsement.</label></referenceItem> <referenceItem role="section"><designator>4360.</designator> <label>Transfer without indorsement.</label></referenceItem> <referenceItem role="section"><designator>4361.</designator> <label>Renegotiation by prior party.</label></referenceItem> <referenceItem role="article"><designator>Article D—</designator><label>Rights of Holder</label></referenceItem> <referenceItem role="section"><designator>4371.</designator> <label>Right of holder to sue; payment.</label></referenceItem> <referenceItem role="section"><designator>4372.</designator> <label>Holder in due course defined.</label></referenceItem> <referenceItem role="section"><designator>4373.</designator> <label>Holder not in due course.</label></referenceItem> <referenceItem role="section"><designator>4574.</designator> <label>Notice before full amount paid.</label></referenceItem> <referenceItem role="section"><designator>4375.</designator> <label>Defective title.</label></referenceItem> <referenceItem role="section"><designator>4376.</designator> <label>Notice of infirmity or defect.</label></referenceItem> <referenceItem role="section"><designator>4377.</designator> <label>Rights of holder in due course.</label></referenceItem> <referenceItem role="section"><designator>4378.</designator> <label>Original defenses; availability.</label></referenceItem> <referenceItem role="section"><designator>4379.</designator> <label>Holder in due course; presumption; burden of proof.</label></referenceItem> <referenceItem role="article"><designator>Article E—</designator><label>Liabilities of Parties</label></referenceItem> <referenceItem role="section"><designator>4381.</designator> <label>Liability of maker.</label></referenceItem> <referenceItem role="section"><designator>4382.</designator> <label>Liability of drawer.</label></referenceItem> <referenceItem role="section"><designator>4383.</designator> <label>Liability of acceptor.</label></referenceItem> <referenceItem role="section"><designator>4384.</designator> <label>When person deemed indorser.</label></referenceItem> <referenceItem role="section"><designator>4385.</designator> <label>Liability of irregular indorser.</label></referenceItem> <referenceItem role="section"><designator>4386.</designator> <label>Warranty on negotiation by delivery or by qualified indorsement.</label></referenceItem> <referenceItem role="section"><designator>4387.</designator> <label>Liability of general indorser.</label></referenceItem> <referenceItem role="section"><designator>4388.</designator> <label>Liability of indorser when paper negotiable by delivery.</label></referenceItem> <referenceItem role="section"><designator>4389.</designator> <label>Order of indorsers’ liability.</label></referenceItem> <referenceItem role="section"><designator>4390.</designator> <label>Liability of agent or broker.</label></referenceItem> <referenceItem role="article"><designator>Article F—</designator><label>Presentment for Payment</label></referenceItem> <referenceItem role="section"><designator>4401.</designator> <label>Failure to present for payment; effect.</label></referenceItem> <referenceItem role="section"><designator>4402.</designator> <label>Instruments payable on demand and not payable on demand.</label></referenceItem> <referenceItem role="section"><designator>4403.</designator> <label>Sufficiency of presentment.</label></referenceItem> <referenceItem role="section"><designator>4404.</designator> <label>Place of presentment.</label></referenceItem> <referenceItem role="section"><designator>4405.</designator> <label>Exhibition of instrument.</label></referenceItem> <referenceItem role="section"><designator>4406.</designator> <label>Instrument payable at bank.</label></referenceItem> <referenceItem role="section"><designator>4407.</designator> <label>Principal debtor dead.</label></referenceItem> <referenceItem role="section"><designator>4408.</designator> <label>Persons liable as partners.</label></referenceItem> <referenceItem role="section"><designator>4409.</designator> <label>Joint debtors.</label></referenceItem> <referenceItem role="section"><designator>4410.</designator> <label>When not required to charge drawer.</label></referenceItem> <referenceItem role="section"><designator>4411.</designator> <label>When not required to charge indorser.</label></referenceItem> <referenceItem role="section"><designator>4412.</designator> <label>Excuse for delay.</label></referenceItem> <referenceItem role="section"><designator>4413.</designator> <label>When dispensed with.</label></referenceItem> <referenceItem role="section"><designator>4414.</designator> <label>Instrument dishonored by nonpayment.</label></referenceItem> <referenceItem role="section"><designator>4415.</designator> <label>Liability of person secondarily liable.</label></referenceItem> <referenceItem role="section"><designator>4416.</designator> <label>Time of maturity.</label></referenceItem> <referenceItem role="section"><designator>4417.</designator> <label>Computation of time.</label></referenceItem> <referenceItem role="section"><designator>4418.</designator> <label>Instrument payable at bank.</label></referenceItem> <referenceItem role="section"><designator>4419.</designator> <label>Payment in due course defined.</label></referenceItem> <referenceItem role="article"><designator>Article G—</designator><label>Notice of Dishonor</label></referenceItem> <referenceItem role="section"><designator>4421.</designator> <label>Parties to whom notice of dishonor given.</label></referenceItem> <referenceItem role="section"><designator>4422.</designator> <label>Parties who may give.</label></referenceItem> <referenceItem role="section"><designator>4423.</designator> <label>Notice by agent.</label></referenceItem> <referenceItem role="section"><designator>4424.</designator> <label>Effect of notice on behalf of holder.</label></referenceItem> <referenceItem role="section"><designator>4425.</designator> <label>Effect of notice on behalf of party entitled to give notice.</label></referenceItem> <referenceItem role="section"><designator>4426.</designator> <label>Notice by agent; authority; procedure.</label></referenceItem> <referenceItem role="section"><designator>4427.</designator> <label>Sufficiency of notice.</label></referenceItem> <referenceItem role="section"><designator>4428.</designator> <label>Form of notice.</label></referenceItem> <referenceItem role="section"><designator>4429.</designator> <label>Notice to party or agent.</label></referenceItem> <page identifier="/us/stat/76a/237">237</page> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4430.</designator> <label>Notice to deceased party.</label></referenceItem> <referenceItem role="section"><designator>4431.</designator> <label>Notice to partners.</label></referenceItem> <referenceItem role="section"><designator>4432.</designator> <label>Notice to persons jointly liable.</label></referenceItem> <referenceItem role="section"><designator>4433.</designator> <label>Notice to bankrupt.</label></referenceItem> <referenceItem role="section"><designator>4434.</designator> <label>Time within which notice must be given.</label></referenceItem> <referenceItem role="section"><designator>4435.</designator> <label>Time where parties reside in same place.</label></referenceItem> <referenceItem role="section"><designator>4436.</designator> <label>Time where parties reside in different places.</label></referenceItem> <referenceItem role="section"><designator>4437.</designator> <label>Due notice; miscarriage in mails.</label></referenceItem> <referenceItem role="section"><designator>4438.</designator> <label>Deposit in post office defined.</label></referenceItem> <referenceItem role="section"><designator>4439.</designator> <label>Notice to antecedent party; time.</label></referenceItem> <referenceItem role="section"><designator>4440.</designator> <label>Place where notice must be sent.</label></referenceItem> <referenceItem role="section"><designator>4441.</designator> <label>Waiver of notice.</label></referenceItem> <referenceItem role="section"><designator>4442.</designator> <label>Waiver of notice; persons affected by waiver.</label></referenceItem> <referenceItem role="section"><designator>4443.</designator> <label>Waiver of protest.</label></referenceItem> <referenceItem role="section"><designator>4444.</designator> <label>Dispensing with notice.</label></referenceItem> <referenceItem role="section"><designator>4445.</designator> <label>Delay; excuse.</label></referenceItem> <referenceItem role="section"><designator>4446.</designator> <label>Notice to drawer; when dispensed with.</label></referenceItem> <referenceItem role="section"><designator>4447.</designator> <label>Notice to indorser; when dispensed with.</label></referenceItem> <referenceItem role="section"><designator>4448.</designator> <label>Notice of nonpayment where acceptance refused.</label></referenceItem> <referenceItem role="section"><designator>4449.</designator> <label>Omission to give notice of nonacceptance; effect.</label></referenceItem> <referenceItem role="section"><designator>4450.</designator> <label>Protest; when necessary; when unnecessary.</label></referenceItem> <referenceItem role="article"><designator>Article H—</designator><label>Discharge of Negotiable Instruments</label></referenceItem> <referenceItem role="section"><designator>4461.</designator> <label>Methods of discharge.</label></referenceItem> <referenceItem role="section"><designator>4462.</designator> <label>Persons secondarily liable; discharge.</label></referenceItem> <referenceItem role="section"><designator>4463.</designator> <label>Rights of parties secondarily liable who pay instruments.</label></referenceItem> <referenceItem role="section"><designator>4464.</designator> <label>Renunciation by holder.</label></referenceItem> <referenceItem role="section"><designator>4465.</designator> <label>Unintentional cancellation; burden of proof.</label></referenceItem> <referenceItem role="section"><designator>4466.</designator> <label>Material alteration; effect.</label></referenceItem> <referenceItem role="section"><designator>4467.</designator> <label>Material alteration defined.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">bills of exchange</inline></label></referenceItem> <referenceItem role="article"><designator>Article A—</designator><label>Form and Interpretation</label></referenceItem> <referenceItem role="section"><designator>4471.</designator> <label>Bill of exchange defined.</label></referenceItem> <referenceItem role="section"><designator>4472.</designator> <label>Bill not an assignment of funds in hands of drawee.</label></referenceItem> <referenceItem role="section"><designator>4473.</designator> <label>Bill addressed to two or more drawees.</label></referenceItem> <referenceItem role="section"><designator>4474.</designator> <label>Inland and foreign bills defined.</label></referenceItem> <referenceItem role="section"><designator>4475.</designator> <label>Treatment of bill as promissory note.</label></referenceItem> <referenceItem role="section"><designator>4476.</designator> <label>Referee in case of need.</label></referenceItem> <referenceItem role="article"><designator>Article B—</designator><label>Acceptance</label></referenceItem> <referenceItem role="section"><designator>4481.</designator> <label>Acceptance; definition; method of making.</label></referenceItem> <referenceItem role="section"><designator>4482.</designator> <label>Holder entitled to acceptance on face of bill.</label></referenceItem> <referenceItem role="section"><designator>4483.</designator> <label>Acceptance by separate instrument.</label></referenceItem> <referenceItem role="section"><designator>4484.</designator> <label>Promise to accept; equivalent to acceptance.</label></referenceItem> <referenceItem role="section"><designator>4485.</designator> <label>Time allowed drawee to accept.</label></referenceItem> <referenceItem role="section"><designator>4486.</designator> <label>Liability of drawee retaining or destroying bill.</label></referenceItem> <referenceItem role="section"><designator>4487.</designator> <label>Acceptance of incomplete bill.</label></referenceItem> <referenceItem role="section"><designator>4488.</designator> <label>Kinds of acceptance.</label></referenceItem> <referenceItem role="section"><designator>4489.</designator> <label>General acceptance.</label></referenceItem> <referenceItem role="section"><designator>4490.</designator> <label>Qualified acceptance.</label></referenceItem> <referenceItem role="section"><designator>4491.</designator> <label>Qualified acceptance; rights of parties.</label></referenceItem> <referenceItem role="article"><designator>Article C—</designator><label>Presentment for Acceptance</label></referenceItem> <referenceItem role="section"><designator>4501.</designator> <label>Necessity of making presentment for acceptance.</label></referenceItem> <referenceItem role="section"><designator>4502.</designator> <label>Failure to present as releasing drawer and indorsers.</label></referenceItem> <referenceItem role="section"><designator>4503.</designator> <label>Time for making; persons to whom made.</label></referenceItem> <referenceItem role="section"><designator>4504.</designator> <label>Days on which presentment may be made.</label></referenceItem> <referenceItem role="section"><designator>4505.</designator> <label>Insufficient time.</label></referenceItem> <referenceItem role="section"><designator>4506.</designator> <label>Excuse.</label></referenceItem> <referenceItem role="section"><designator>4507.</designator> <label>Dishonor by nonacceptance.</label></referenceItem> <referenceItem role="section"><designator>4508.</designator> <label>Duty of holder on nonacceptance.</label></referenceItem> <referenceItem role="section"><designator>4509.</designator> <label>Rights of holder on nonacceptance.</label></referenceItem> <page identifier="/us/stat/76a/238">238</page> <referenceItem role="article"><designator>Article D—</designator><label>Protest</label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4511.</designator> <label>Necessity for protest.</label></referenceItem> <referenceItem role="section"><designator>4512.</designator> <label>Method of making.</label></referenceItem> <referenceItem role="section"><designator>4513.</designator> <label>Persons who may make protest.</label></referenceItem> <referenceItem role="section"><designator>4514.</designator> <label>Time for making.</label></referenceItem> <referenceItem role="section"><designator>4515.</designator> <label>Place where made.</label></referenceItem> <referenceItem role="section"><designator>4516.</designator> <label>Protest both for nonacceptance and nonpayment.</label></referenceItem> <referenceItem role="section"><designator>4517.</designator> <label>Protest before maturity; better security.</label></referenceItem> <referenceItem role="section"><designator>4518.</designator> <label>Dispensing with protest.</label></referenceItem> <referenceItem role="section"><designator>4519.</designator> <label>Lost, destroyed, or wrongly detained bill.</label></referenceItem> <referenceItem role="article"><designator>Article E—</designator><label>Acceptance for Honor</label></referenceItem> <referenceItem role="section"><designator>4521.</designator> <label>Circumstances authorizing acceptance for honor.</label></referenceItem> <referenceItem role="section"><designator>4522.</designator> <label>Method of acceptance for honor.</label></referenceItem> <referenceItem role="section"><designator>4523.</designator> <label>Honor of drawer; presumption.</label></referenceItem> <referenceItem role="section"><designator>4524.</designator> <label>Liability of acceptor.</label></referenceItem> <referenceItem role="section"><designator>4525.</designator> <label>Agreement of acceptor.</label></referenceItem> <referenceItem role="section"><designator>4526.</designator> <label>Maturity of sight bill accepted for honor.</label></referenceItem> <referenceItem role="section"><designator>4527.</designator> <label>Protest after acceptance.</label></referenceItem> <referenceItem role="section"><designator>4528.</designator> <label>Presentment for payment to acceptor.</label></referenceItem> <referenceItem role="section"><designator>4529.</designator> <label>Excuse for delay in making presentment.</label></referenceItem> <referenceItem role="section"><designator>4530.</designator> <label>Dishonor by acceptor for honor.</label></referenceItem> <referenceItem role="article"><designator>Article F—</designator><label>Payment for Honor</label></referenceItem> <referenceItem role="section"><designator>4541.</designator> <label>Persons who may make payment for honor.</label></referenceItem> <referenceItem role="section"><designator>4542.</designator> <label>Formalities.</label></referenceItem> <referenceItem role="section"><designator>4543.</designator> <label>Declaration before payment for honor.</label></referenceItem> <referenceItem role="section"><designator>4544.</designator> <label>Preference of parties offering to pay for honor.</label></referenceItem> <referenceItem role="section"><designator>4545.</designator> <label>Discharge of subsequent parties; subrogation of payer.</label></referenceItem> <referenceItem role="section"><designator>4546.</designator> <label>Refusal of payment; loss of right of recourse.</label></referenceItem> <referenceItem role="section"><designator>4547.</designator> <label>Rights of payer for honor.</label></referenceItem> <referenceItem role="article"><designator>Article G—</designator><label>Bills in a Set</label></referenceItem> <referenceItem role="section"><designator>4551.</designator> <label>Bills in sets constitute one bill.</label></referenceItem> <referenceItem role="section"><designator>4552.</designator> <label>Negotiation of different parts; rights of holders.</label></referenceItem> <referenceItem role="section"><designator>4553.</designator> <label>Liability of holder indorsing two or more parts to different persons.</label></referenceItem> <referenceItem role="section"><designator>4554.</designator> <label>Acceptance.</label></referenceItem> <referenceItem role="section"><designator>4555.</designator> <label>Payment of acceptor.</label></referenceItem> <referenceItem role="section"><designator>4556.</designator> <label>Discharging one part; effect.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">promissory notes and checks</inline></label></referenceItem> <referenceItem role="section"><designator>4561.</designator> <label>Promissory note defined.</label></referenceItem> <referenceItem role="section"><designator>4562.</designator> <label>Check defined.</label></referenceItem> <referenceItem role="section"><designator>4563.</designator> <label>Time for presenting check.</label></referenceItem> <referenceItem role="section"><designator>4564.</designator> <label>Certification of check; effect.</label></referenceItem> <referenceItem role="section"><designator>4565.</designator> <label>Holder procuring check to be certified; effect.</label></referenceItem> <referenceItem role="section"><designator>4566.</designator> <label>Check not an assignment; liability of bank.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <referenceItem role="section"><designator>4571.</designator> <label>Short title.</label></referenceItem> <referenceItem role="section"><designator>4572.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>4573.</designator> <label>Primary and secondary liability.</label></referenceItem> <referenceItem role="section"><designator>4574.</designator> <label>Reasonable time; computation.</label></referenceItem> <referenceItem role="section"><designator>4575.</designator> <label>Time; computation; last day on holiday.</label></referenceItem> <referenceItem role="section"><designator>4576.</designator> <label>Cases not provided for.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Negotiable Instruments in General</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">Form and Interpretation</heading> <section> <num value="4301">§ 4301. </num> <heading>Form of negotiable instrument</heading> <chapeau>An instrument to be negotiable must conform to the following requirements:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>it must be in writing and signed by the maker or drawer;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>must contain an unconditional promise or order to pay a sum certain in money;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>must be payable on demand, or at a fixed or determinable future time;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>must be payable to order or to bearer; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.</content> </paragraph> </section> <page identifier="/us/stat/76a/239">239</page> <section> <num value="4302">§ 4302. </num> <heading>Certainty of sum payable; definition</heading> <chapeau>The sum payable is a sum certain within the meaning of this chapter, although it is to be paid:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>with interest; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by stated installments; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by stated installments, with a provision that upon default in payment of any installment or of interest, the whole shall become due; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>with exchange, whether at a fixed rate or at the current rate; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>with costs of collection or an attorney’s fee, in case payment shall not be made at maturity.</content> </paragraph> </section> <section> <num value="4303">§ 4303. </num> <heading>Unconditional order or promise to pay</heading> <chapeau>An unqualified order or promise to pay is unconditional within the meaning of this chapter, though coupled with:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a statement of the transaction which gives rise to the instrument.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">But an order or promise to pay out of a particular fund is not unconditional.</continuation> </section> <section> <num value="4304">§ 4304. </num> <heading>Determinable future time defined</heading> <chapeau>An instrument is payable at a determinable, future time, within the meaning of this chapter, which is expressed to be payable:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>at a fixed period after date or sight; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>on or before a fixed or determinable future time specified therein; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>on or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.</continuation> </section> <section> <num value="4305">§ 4305. </num> <heading>Nonnegotiable instrument; provisions not affecting negotiability</heading> <chapeau>An instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable. But the negotiable character of an instrument otherwise negotiable is not affected by a provision which:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>authorizes the sale of collateral securities in case the instrument be not paid at maturity; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>authorizes a confession of judgment, if the instrument be not paid at maturity; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>waives the benefit of any law intended for the advantage or protection of the obligor; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>gives the holder an election to require something to be done in lieu of payment of money.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">But this section does not validate any provision or stipulation otherwise illegal.</continuation> </section> <section> <num value="4306">§ 4306. </num> <heading>Omissions; seal; particular money; statement of nature of consideration</heading> <chapeau>The validity and negotiable character of an instrument are not affected by the fact that:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>it is not dated; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>does not specify the value given, or that any value has been given therefor; or</content> </paragraph> <page identifier="/us/stat/76a/240">240</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>does not specify the place where it is drawn or the place where it is payable; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>bears a seal; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>designates a particular kind of current money in which payment is to be made.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">But this section does not alter or repeal any statute requiring in certain cases the nature of the consideration to be stated in the instrument.</continuation> </section> <section> <num value="4307">§ 4307. </num> <heading>Payable on demand</heading> <chapeau>An instrument is payable on demand:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where it is expressed to be payable on demand, or at sight, or on presentation; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in which no time for payment is expressed.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">Where an instrument is issued, accepted, or indorsed when overdue, it is, as regards the person so issuing, accepting, or indorsing it, payable on demand.</continuation> </section> <section> <num value="4308">§ 4308. </num> <heading>Payable to order</heading> <chapeau>The instrument is payable to order where it is drawn payable to the order of a specified person or to him or his order. It may be drawn payable to the order of:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a payee who is not maker, drawer, or drawee; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the drawer or maker; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the drawee; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>two or more payees jointly; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>one or some of several payees; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the holder of an office for the time being.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">Where the instrument is payable to order the payee must be named or otherwise indicated therein with reasonable certainty.</continuation> </section> <section> <num value="4309">§ 4309. </num> <heading>Payable to bearer</heading> <chapeau>The instrument is payable to bearer:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>when it is expressed to be so payable; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when it is payable to a person named therein or bearer; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>when it is payable to the order of a fictitious or non-existing or living person not intended to have any interest in it and such fact was known to the person making it so payable or known to his employee or other agent who supplies the name of such payee; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>when the name of the payee does not purport to be the name of any person; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>when the only or last indorsement is an indorsement in blank.</content> </paragraph> </section> <section> <num value="4310">§ 4310. </num> <heading>Sufficiency of terms of instrument</heading> <content>The instrument need not follow the language of this chapter, but any terms are sufficient which clearly indicate an intention to conform to the requirements thereof.</content> </section> <section> <num value="4311">§ 4311. </num> <heading>Date; presumption</heading> <content>Where the instrument or an acceptance or any indorsement thereon is dated, such date is deemed prima facie to be the true date of the making, drawing, acceptance, or indorsement as the case may be.</content> </section> <section> <num value="4312">§ 4312. </num> <heading>Antedating or postdating</heading> <content>The instrument is not invalid for the reason only that it is antedated or postdated, provided this is not done for an illegal or fraudulent purpose. The person to whom an instrument so dated is delivered acquires the title thereto as of the date of delivery.</content> </section> <page identifier="/us/stat/76a/241">241</page> <section> <num value="4313">§ 4313. </num> <heading>Insertion of date; when authorized; wrong date</heading> <content>Where an instrument expressed to be payable at a fixed period after date is issued undated, or where the acceptance of an instrument payable at a fixed period after sight is undated, any holder may insert therein the true date of issue or acceptance, and the instrument shall be payable accordingly. The insertion of a wrong date does not avoid the instrument in the hands of a subsequent holder in due course; but as to him, the date so inserted is to be regarded as the true date.</content> </section> <section> <num value="4314">§ 4314. </num> <heading>Filling up blanks</heading> <content>Where the instrument is wanting in any material particular, the person in possession thereof has a prima facie authority to complete it by filling up the blanks therein. And a signature on a blank paper delivered by the person making the signature in order that the paper may be converted into a negotiable instrument operates as a prima facie authority to fill it up as such for any amount. In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time.</content> </section> <section> <num value="4315">§ 4315. </num> <heading>Incomplete instrument not delivered</heading> <content>Where an incomplete instrument has not been delivered it will not, if completed and negotiated, without authority, be a valid contract in the hands of any holder, as against any person whose signature was placed thereon before delivery.</content> </section> <section> <num value="4316">§ 4316. </num> <heading>Delivery; necessity; when effectual; presumptions</heading> <content>Every contract on a negotiable instrument is incomplete and revocable until delivery of the instrument for the purpose of giving effect thereto. As between immediate parties, and as regards a remote party other than a holder in due course, the delivery, in order to be effectual, must be made either by or under the authority of the party making, drawing, accepting, or endorsing, as the case may be; and in such case the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument. But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed. And where the instrument is no longer in the possession of a party whose signature appears thereon, a valid and intentional delivery by him is presumed until the contrary is proved.</content> </section> <section> <num value="4317">§ 4317. </num> <heading>Construction in case of ambiguity or omissions</heading> <chapeau>Where the language of the instrument is ambiguous or there are omissions therein, the following rules of construction apply:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where the sum payable is expressed in words and also in figures and there is a discrepancy between the two, the sum denoted by the words is the sum payable; but if the words are ambiguous or uncertain, reference may be had to the figures to fix the amount;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where the instrument provides for the payment of interest, without specifying the date from which interest is to run, the interest runs from the date of the instrument, and if the instrument is undated, from the issue thereof;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>where the instrument is not dated, it will be considered to be dated as of the time it was issued;</content> </paragraph> <page identifier="/us/stat/76a/242">242</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>where there is a conflict between the written and printed provisions of the instrument, the written provisions prevail;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>where the instrument is so ambiguous that there is doubt whether it is a bill or note, the holder may treat it as either at his election;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>where a signature is so placed upon the instrument that it is not clear in what capacity the person making the same intended to sign, he is to be deemed an indorser;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>where an instrument containing the words “I promise to pay” is signed by two or more persons, they are deemed to be jointly and severally liable thereon.</content> </paragraph> </section> <section> <num value="4318">§ 4318. </num> <heading>Liability of signatories; signature in trade or assumed name</heading> <content>A person is not liable on the instrument if his signature does not appear thereon, except as herein otherwise expressly provided. But one who signs in a trade or assumed name will be liable to the same extent as if he had signed in his own name.</content> </section> <section> <num value="4319">§ 4319. </num> <heading>Signature by agent; authority; proof</heading> <content>The signature of a party may be made by an authorized agent. A particular form of appointment is not necessary for this purpose; and the authority of the agent may be established as in other cases of agency.</content> </section> <section> <num value="4320">§ 4320. </num> <heading>Liability of person signing as agent, etc.</heading> <content>Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.</content> </section> <section> <num value="4321">§ 4321. </num> <heading>Signature by procuration</heading> <content>A signature by “procuration” operates as notice that the agent has but a limited authority to sign, and the principal is bound only in case the agent in so signing acted within the actual limits of his authority.</content> </section> <section> <num value="4322">§ 4322. </num> <heading>Indorsement or assignment by corporation or infant</heading> <content>The indorsement or assignment of the instrument by a corporation or by an infant passes the property therein, notwithstanding that from want of capacity the corporation or infant may incur no liability thereon.</content> </section> <section> <num value="4323">§ 4323. </num> <heading>Forged signature</heading> <content>When a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party, against whom it is sought to enforce such right, is precluded from setting up the forgery or want of authority.</content> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Consideration</heading> <section> <num value="4331">§ 4331. </num> <heading>Presumption of consideration</heading> <content>A negotiable instrument is deemed prima facie to have been issued for a valuable consideration; and every person whose signature appears thereon to have become a party thereto for value.</content> </section> <page identifier="/us/stat/76a/243">243</page> <section> <num value="4332">§ 4332. </num> <heading>Value defined</heading> <content>Value is any consideration sufficient to support a simple contract. An antecedent or pre-existing debt constitutes value, and is deemed such whether the instrument is payable on demand or at a future time.</content> </section> <section> <num value="4333">§ 4333. </num> <heading>Holder for value</heading> <content>Where value has at any time been given for the instrument, the holder is deemed a holder for value in respect to all parties who become such prior to that time.</content> </section> <section> <num value="4334">§ 4334. </num> <heading>Lien holder as holder for value</heading> <content>Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.</content> </section> <section> <num value="4335">§ 4335. </num> <heading>Want of consideration; effect</heading> <content>Absence or failure of consideration is matter of defense as against any person not a holder in due course; and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise.</content> </section> <section> <num value="4336">§ 4336. </num> <heading>Liability of accommodation party</heading> <content>An accommodation party is one who has signed the instrument as maker, drawer, acceptor, or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.</content> </section> </article> <article> <num class="bold" value="C">Article C—</num><heading class="bold">Negotiation</heading> <section> <num value="4341">§ 4341. </num> <heading>Negotiation defined</heading> <content>An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery; if payable to order it is negotiated by the indorsement of the holder completed by delivery.</content> </section> <section> <num value="4342">§ 4342. </num> <heading>Indorsement; method</heading> <content>The indorsement must be written on the instrument itself or upon a paper attached thereto. The signature of the indorser, without additional words, is a sufficient indorsement.</content> </section> <section> <num value="4343">§ 4343. </num> <heading>Indorsement must be of entire instrument</heading> <content>The indorsement must be an indorsement of the entire instrument. An indorsement which purports to transfer to the indorsee a part only of the amount payable, or which purports to transfer the instrument to two or more endorsees severally, does not operate as a negotiation of the instrument. But where the instrument has been paid in part, it may be indorsed as to the residue.</content> </section> <section> <num value="4344">§ 4344. </num> <heading>Kinds of indorsement</heading> <content>An indorsement may be either special or in blank; and it may also be either restrictive or qualified, or conditional.</content> </section> <section> <num value="4345">§ 4345. </num> <heading>Special indorsement; indorsement in blank</heading> <content>A special indorsement specifies the person to whom, or to whose order, the instrument is to be payable; and the indorsement of such indorsee is necessary to the further negotiation of the instrument. An indorsement in blank specifies no indorsee; and an instrument so indorsed is payable to bearer and may be negotiated by delivery.</content> </section> <page identifier="/us/stat/76a/244">244</page> <section> <num value="4346">§ 4346. </num> <heading>Indorsement in blank; change to special indorsement</heading> <content>The holder may convert a blank indorsement into a special indorsement by writing over the signature of the indorser in blank any contract consistent with the character of the indorsement.</content> </section> <section> <num value="4347">§ 4347. </num> <heading>Restrictive indorsement</heading> <chapeau>An indorsement is restrictive, which either:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>prohibits the further negotiation of the instrument; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>constitutes the indorsee the agent of the indorser; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>vests the title in the indorsee in trust for or to the use of some other person.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">But the mere absence of words implying power to negotiate does not make an indorsement restrictive.</continuation> </section> <section> <num value="4348">§ 4348. </num> <heading>Restrictive indorsement; effect; rights of indorses</heading> <chapeau>A restrictive indorsement confers upon the indorsee the right:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to receive payment of the instrument;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to bring any action thereon that the indorser could bring;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to transfer his rights as such indorsee, where the form of the indorsement authorizes him to do so.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">But all subsequent indorsees acquire only the title of the first indorsee under the restrictive indorsement.</continuation> </section> <section> <num value="4349">§ 4349. </num> <heading>Qualified indorsement</heading> <content>A qualified indorsement constitutes the indorser a mere assignor of the title to the instrument. It may be made by adding to the indorser’s signature the words “without recourse” or any words of similar import. Such an indorsement does not impair the negotiable character of the instrument.</content> </section> <section> <num value="4350">§ 4350. </num> <heading>Conditional indorsement</heading> <content>Where an indorsement is conditional, a party required to pay the instrument may disregard the condition, and make payment to the indorsee or his transferee, whether the condition has been fulfilled or not. But any person to whom an instrument so indorsed is negotiated will hold the same, or the proceeds thereof, subject to the rights of the person indorsing conditionally.</content> </section> <section> <num value="4351">§ 4351. </num> <heading>Indorsement of instrument payable to bearer</heading> <content>Where an instrument, payable to bearer, is indorsed specially it may nevertheless be further negotiated by delivery; but the person indorsing specially is liable as indorser to only such holders as make title through his indorsement.</content> </section> <section> <num value="4352">§ 4352. </num> <heading>Indorsement of instrument payable to two or more persons</heading> <content>Where an instrument is payable to the order of two or more payees or indorsees who are not partners all must indorse, unless the one indorsing has authority to indorse for the others.</content> </section> <section> <num value="4353">§ 4353. </num> <heading>Instrument drawn or indorsed to “cashier”</heading> <content>Where an instrument is drawn or indorsed to a person as “cashier” or other fiscal officer of a bank or corporation, it is deemed prima facie to be payable to the bank or corporation of which he is such officer, and may be negotiated by either the indorsement of the bank or corporation or the indorsement of the officer.</content> </section> <section> <num value="4354">§ 4354. </num> <heading>Indorsement where name wrongly designated or misspelled</heading> <content>Where the name of a payee or indorsee is wrongly designated or misspelled, he may indorse the instrument as therein described, adding, if he thinks fit, his proper signature.</content> </section> <page identifier="/us/stat/76a/245">245</page> <section> <num value="4355">§ 4355. </num> <heading>Indorsement in representative capacity</heading> <content>Where any person is under obligation to indorse in a representative capacity, he may indorse in such terms as to negative personal liability.</content> </section> <section> <num value="4356">§ 4356. </num> <heading>Time of indorsement; presumption</heading> <content>Except where an indorsement bears date after the maturity of the instrument, every negotiation is deemed prima facie to have been effected before the instrument was overdue.</content> </section> <section> <num value="4357">§ 4357. </num> <heading>Place of indorsement; presumption</heading> <content>Except where the contrary appears, every indorsement is presumed prima facie to have been made at the place where the instrument is dated.</content> </section> <section> <num value="4358">§ 4358. </num> <heading>Continuation of negotiable character</heading> <content>An instrument negotiable in its origin continues to be negotiable until it has been restrictively indorsed or discharged by payment or otherwise.</content> </section> <section> <num value="4359">§ 4359. </num> <heading>Striking out indorsement</heading> <content>The holder may at any time strike out any indorsement which is not necessary to his title. The indorser whose indorsement is struck out, and all indorsers subsequent to him, are thereby relieved from liability on the instrument.</content> </section> <section> <num value="4360">§ 4360. </num> <heading>Transfer without indorsement</heading> <content>Where the holder of an instrument payable to his order transfers it for value without indorsing it, the transfer vests in the transferee such title as the transferor had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferor. But for the purpose of determining whether the transferee is a holder in due course, the negotiation takes effect as of the time when the indorsement is actually made.</content> </section> <section> <num value="4361">§ 4361. </num> <heading>Renegotiation by prior party</heading> <content>Where an instrument is negotiated back to a prior party that party may, subject to the provisions of this chapter, reissue and further negotiate the same. But he is not entitled to enforce payment thereof against any intervening party to whom he was personally liable.</content> </section> </article> <article> <num class="bold" value="D">Article D—</num><heading class="bold">Rights of Holder</heading> <section> <num value="4371">§ 4371. </num> <heading>Right of holder to sue; payment</heading> <content>The holder of a negotiable instrument may sue thereon in his own name and payment to him in due course discharges the instrument.</content> </section> <section> <num value="4372">§ 4372. </num> <heading>Holder in due course defined</heading> <chapeau>A holder in due course is a holder who has taken the instrument under the following conditions:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>that it is complete and regular upon its face;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that he took it in good faith and for value;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>that at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.</content> </paragraph> </section> <section> <num value="4373">§ 4373. </num> <heading>Holder not in due course</heading> <content>Where an instrument payable on demand is negotiated an unreasonable length of time after its issue, the holder is not deemed a holder in due course.</content> </section> <page identifier="/us/stat/76a/246">246</page> <section> <num value="4374">§ 4374. </num> <heading>Notice before full amount paid</heading> <content>Where the transferee receives notice of any infirmity in the instrument or defect in the title of the person negotiating the same before he has paid the full amount agreed to be paid therefor, he will be deemed a holder in due course only to the extent of the amount theretofore paid by him.</content> </section> <section> <num value="4375">§ 4375. </num> <heading>Defective title</heading> <content>The title of a person who negotiates an instrument is defective within the meaning of this chapter when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.</content> </section> <section> <num value="4376">§ 4376. </num> <heading>Notice of infirmity or defect</heading> <content>To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.</content> </section> <section> <num value="4377">§ 4377. </num> <heading>Rights of holder in due course</heading> <content>A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.</content> </section> <section> <num value="4378">§ 4378. </num> <heading>Original defenses; availability</heading> <content>In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.</content> </section> <section> <num value="4379">§ 4379. </num> <heading>Holder in due course; presumption; burden of proof</heading> <content>Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of a person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course. But the last-mentioned rule does not apply in favor of a party who became bound on the instrument prior to the acquisition of the defective title.</content> </section> </article> <article> <num class="bold" value="E">Article E—</num><heading class="bold">Liabilities of Parties</heading> <section> <num value="4381">§ 4381. </num> <heading>Liability of maker</heading> <content>The maker of a negotiable instrument by making it engages that he will pay it according to its tenor, and admits the existence of the payee and his then capacity to indorse.</content> </section> <section> <num value="4382">§ 4382. </num> <heading>Liability of drawer</heading> <content>The drawer by drawing the instrument admits the existence of the payee and his then capacity to indorse; and engages that on due presentment the instrument will be accepted or paid, or both, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it. But the drawer may insert in the instrument an express stipulation negativing or limiting his own liability to the holder.</content> </section> <section> <num value="4383">§ 4383. </num> <heading>Liability of acceptor</heading> <chapeau>The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance; and admits:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument; and</content> </paragraph> <page identifier="/us/stat/76a/247">247</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the existence of the payee and his then capacity to indorse.</content> </paragraph> </section> <section> <num value="4384">§ 4384. </num> <heading>When person deemed indorser</heading> <content>A person placing his signature upon an instrument otherwise than as maker, drawer, or acceptor, is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity.</content> </section> <section> <num value="4385">§ 4385. </num> <heading>Liability of irregular indorser</heading> <chapeau>Where a person, not otherwise a party to an instrument, places thereon his signature in blank before delivery, he is liable as indorser, in accordance with the following rules:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>If the instrument is payable to the order of a third person, he is liable to the payee and to all subsequent parties.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>If the instrument is payable to the order of the maker or drawer, or is payable to bearer, he is liable to all parties subsequent to the maker or drawer.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>If he signs for the accommodation of the payee, he is liable to all parties subsequent to the payee.</content> </paragraph> </section> <section> <num value="4386">§ 4386. </num> <heading>Warranty on negotiation by delivery or by qualified indorsement</heading> <chapeau>A person negotiating an instrument by delivery or by a qualified indorsement, warrants:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>that the instrument is genuine and in all respects what it purports to be;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that he has a good title to it;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that all prior parties had capacity to contract;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>that he has no knowledge of any fact which would impair the validity of the instrument, or render it valueless.</content> </paragraph> <continuation> <p class="indent0 firstIndent1 fontsize10">But when the negotiation is by delivery only, the warranty does not extend in favor of a holder other than the immediate transferee.</p> <p class="indent0 firstIndent1 fontsize10">Paragraph (3) of this section does not apply to persons negotiating public or corporation securities, other than bills and notes.</p> </continuation> </section> <section> <num value="4387">§ 4387. </num> <heading>Liability of general indorser</heading> <chapeau>An indorser who indorses without qualification, warrants to all subsequent holders in due course:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the matters and things specified by paragraphs (1), (2), and (3) of section 4386 of this title; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that the instrument is at the time of his indorsement valid and subsisting.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">And, in addition, he engages that on due presentment it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.</continuation> </section> <section> <num value="4388">§ 4388. </num> <heading>Liability of indorser when paper negotiable by delivery</heading> <content>Where a person places his indorsement on an instrument negotiable by delivery he incurs all the liabilities of an indorser.</content> </section> <section> <num value="4389">§ 4389. </num> <heading>Order of indorsers’ liability</heading> <content>As respects one another indorsers are liable prima facie in the order in which they indorse; but evidence is admissible to show that as between or among themselves they have agreed otherwise. Joint payees or joint indorsees who indorse are deemed to indorse jointly and severally.</content> </section> <section> <num value="4390">§ 4390. </num> <heading>Liability of agent or broker</heading> <content>Where a broker or other agent negotiates an instrument without indorsement he incurs all the liabilities prescribed by section 4386 of <page identifier="/us/stat/76a/248">248</page> this title, unless he discloses the name of his principal and the fact that he is acting only as agent.</content> </section> </article> <article> <num class="bold" value="F">Article F—</num><heading class="bold">Presentment for Payment</heading> <section> <num value="4401">§ 4401. </num> <heading>Failure to present for payment; effect</heading> <content>Presentment for payment is not necessary in order to charge the person primarily liable on the instrument; but if the instrument is, by its terms, payable at a special place, and he is able and willing to pay it there at maturity, such ability and willingness are equivalent to a tender of payment upon his part. But except as herein otherwise provided, presentment for payment is necessary in order to charge the drawer and indorsers.</content> </section> <section> <num value="4402">§ 4402. </num> <heading>Instruments payable on demand and not payable on demand</heading> <content>Where the instrument is not payable on demand, presentment must be made on the day it falls due. Where it is payable on demand, presentment must be made within a reasonable time after its issue, except that in the case of a bill of exchange presentment for payment will be sufficient if made within a reasonable time after the last negotiation thereof.</content> </section> <section> <num value="4403">§ 4403. </num> <heading>Sufficiency of presentment</heading> <chapeau>Presentment for payment, to be sufficient, must be made:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by the holder, or by some person authorized to receive payment on his behalf;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>at a reasonable hour on a business day;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>at a proper place as herein defined;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>to the person primarily liable on the instrument, or if he is absent or inaccessible, to any person found at the place where the presentment is made.</content> </paragraph> </section> <section> <num value="4404">§ 4404. </num> <heading>Place of presentment</heading> <chapeau>Presentment for payment is made at the proper place:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where a place of payment is specified in the instrument and it is there presented;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where no place of payment is specified, but the address of the person to make payment is given in the instrument and it is there presented;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>where no place of payment is specified and no address is given and the instrument is presented at the usual place of business or residence of the person to make payment;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>in any other case if presented to the person to make payment wherever he can be found, or if presented at his last known place of business or residence.</content> </paragraph> </section> <section> <num value="4405">§ 4405. </num> <heading>Exhibition of instrument</heading> <content>The instrument must be exhibited to the person from whom payment is demanded, and when it is paid must be delivered up to the party paying it.</content> </section> <section> <num value="4406">§ 4406. </num> <heading>Instrument payable at bank</heading> <content>Where the instrument is payable at a bank, presentment for payment must be made during banking hours, unless the person to make payment has no funds there to meet it at any time during the day in which case presentment at any hour before the bank is closed on that day is sufficient.</content> </section> <section> <num value="4407">§ 4407. </num> <heading>Principal debtor dead</heading> <content>Where a person primarily liable on the instrument is dead, and no place of payment is specified, presentment for payment must be made <page identifier="/us/stat/76a/249">249</page> to his personal representative, if such there be, and if, with the exercise of reasonable diligence, he can be found.</content> </section> <section> <num value="4408">§ 4408. </num> <heading>Persons liable as partners</heading> <content>Where the persons primarily liable on the instrument are liable as partners, and no place of payment is specified, presentment for payment may be made to any one of them, even though there has been a dissolution of the firm.</content> </section> <section> <num value="4409">§ 4409. </num> <heading>Joint debtors</heading> <content>Where there are several persons, not partners, primarily liable on the instrument, and no place of payment is specified, presentment must be made to them all.</content> </section> <section> <num value="4410">§ 4410. </num> <heading>When not required to charge drawer</heading> <content>Presentment for payment is not required in order to charge the drawer where he has no right to expect or require that the drawee or acceptor will pay the instrument.</content> </section> <section> <num value="4411">§ 4411. </num> <heading>When not required to charge indorser</heading> <content>Presentment for payment is not required in order to charge an indorser where the instrument was made or accepted for his accommodation and he has no reason to expect that the instrument will be paid if presented.</content> </section> <section> <num value="4412">§ 4412. </num> <heading>Excuse for delay</heading> <content>Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate, presentment must be made with reasonable diligence.</content> </section> <section> <num value="4413">§ 4413. </num> <heading>When dispensed with</heading> <chapeau>Presentment for payment is dispensed with:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where after the exercise of reasonable diligence presentment as required by this chapter can not he made;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where the drawee is a fictitious person;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by waiver of presentment, express or implied.</content> </paragraph> </section> <section> <num value="4414">§ 4414. </num> <heading>Instrument dishonored by nonpayment</heading> <chapeau>The instrument is dishonored by nonpayment when:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>it is duly presented for payment and payment is refused or cannot be obtained; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>presentment is excused and the instrument is overdue and unpaid.</content> </paragraph> </section> <section> <num value="4415">§ 4415. </num> <heading>Liability of person secondarily liable</heading> <content>Subject to this chapter, when the instrument is dishonored by nonpayment, an immediate right of recourse to all parties secondarily liable thereon accrues to the holder.</content> </section> <section> <num value="4416">§ 4416. </num> <heading>Time of maturity</heading> <content>A negotiable instrument is payable at the time fixed therein without grace. When the day of maturity falls upon Sunday, or a holiday, the instrument is payable on the next succeeding business day. Instruments falling due on Saturday are to be presented for payment on the next succeeding business day, except that instruments payable on demand may, at the option of the holder, be presented for payment before twelve o’clock noon on Saturday when that entire day is not a holiday.</content> </section> <page identifier="/us/stat/76a/250">250</page> <section> <num value="4417">§ 4417. </num> <heading>Computation of time</heading> <content>Where the instrument is payable at a fixed period after date, after sight, or after the happening of a specified event, the time of payment is determined by excluding the day from which the time is to begin to run, and by including the date of payment.</content> </section> <section> <num value="4418">§ 4418. </num> <heading>Instrument payable at bank</heading> <content>Where the instrument is made payable at a bank it is equivalent to an order to the bank to pay the same for the account of the principal debtor thereon.</content> </section> <section> <num value="4419">§ 4419. </num> <heading>Payment in due course defined</heading> <content>Payment is made in due course when it is made at or after the maturity of the instrument to the holder thereof in good faith and without notice that his title is defective.</content> </section> </article> <article> <num class="bold" value="G">Article G—</num><heading class="bold">Notice of Dishonor</heading> <section> <num value="4421">§ 4421. </num> <heading>Parties to whom notice of dishonor given</heading> <content>Except as herein otherwise provided, when a negotiable instrument has been dishonored by nonacceptance or nonpayment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.</content> </section> <section> <num value="4422">§ 4422. </num> <heading>Parties who may give</heading> <content>The notice may be given by or on behalf of the holder, or by or on behalf of any party to the instrument who might be compelled to pay it to the holder, and who upon taking it up would have a right to reimbursement from the party to whom the notice is given.</content> </section> <section> <num value="4423">§ 4423. </num> <heading>Notice by agent</heading> <content>Notice of dishonor may be given by an agent either in his own name or in the name of any party entitled to give notice, whether that party be his principal or not.</content> </section> <section> <num value="4424">§ 4424. </num> <heading>Effect of notice on behalf of holder</heading> <content>Where notice is given by or on behalf of the holder, it inures for the benefit of all subsequent holders and all prior parties who have a right of recourse against the party to whom it is given.</content> </section> <section> <num value="4425">§ 4425. </num> <heading>Effect of notice on behalf of party entitled to give notice</heading> <content>Where notice is given by or on behalf of a party entitled to give notice, it inures for the benefit of the holder and all parties subsequent to the party to whom notice is given.</content> </section> <section> <num value="4426">§ 4426. </num> <heading>Notice by agent; authority; procedure</heading> <content>Where the instrument has been dishonored in the hands of an agent, he may either himself give notice to the parties liable thereon or he may give notice to his principal. If he gives notice to his principal, he must do so within the same time as if he were the holder, and the principal upon the receipt of such notice has himself the same time for giving notice as if the agent had been an independent holder.</content> </section> <section> <num value="4427">§ 4427. </num> <heading>Sufficiency of notice</heading> <content>A written notice need not, be signed, and an insufficient written notice may be supplemented and validated by verbal communication. A misdescription of the instrument does not vitiate the notice unless the party to whom the notice is given is in fact misled thereby.</content> </section> <section> <num value="4428">§ 4428. </num> <heading>Form of notice</heading> <content>The notice may be in writing or merely oral and may be given in any terms which sufficiently identify the instrument, and indicate that it has been dishonored by nonacceptance or nonpayment. It may in all cases be given by delivering it personally or through the mails.</content> </section> <page identifier="/us/stat/76a/251">251</page> <section> <num value="4429">§ 4429. </num> <heading>Notice to party or agent</heading> <content>Notice of dishonor may be given either to the party himself or to his agent in that behalf.</content> </section> <section> <num value="4430">§ 4430. </num> <heading>Notice to deceased party</heading> <content>When any party is dead, and his death is known to the party giving notice, the notice must be given to a personal representative, if there be one, and if with reasonable diligence he can be found. If there be no personal representative, notice may be sent to the last residence or last place of business of the deceased.</content> </section> <section> <num value="4431">§ 4431. </num> <heading>Notice to partners</heading> <content>Where the parties to be notified are partners, notice to any one partner is notice to the firm, even though there has been a dissolution.</content> </section> <section> <num value="4432">§ 4432. </num> <heading>Notice to persons jointly liable</heading> <content>Notice to joint parties who are not partners must be given to each of them, unless one of them has authority to receive such notice for the others.</content> </section> <section> <num value="4433">§ 4433. </num> <heading>Notice to bankrupt</heading> <content>Where a party has been adjudged a bankrupt or an insolvent, or has made an assignment for the benefit of creditors, notice may be given either to the party himself or to his trustee or assignee.</content> </section> <section> <num value="4434">§ 4434. </num> <heading>Time within which notice must be given</heading> <content>Notice may be given as soon as the instrument is dishonored; and unless delay is excused as hereinafter provided, must be given within the times fixed by this chapter.</content> </section> <section> <num value="4435">§ 4435. </num> <heading>Time where parties reside in same place</heading> <chapeau>Where the person giving and the person to receive notice reside in the same place, notice must be given within the following times:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if given at the place of business of the person to receive notice, it must be given before the close of business hours on the day following;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if given at his residence, it must be given before the usual hours of rest on the day following;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if sent by mail, it must be deposited in the post office in time to reach him in usual course on the day following.</content> </paragraph> </section> <section> <num value="4436">§ 4436. </num> <heading>Time where parties reside in different places</heading> <chapeau>Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if sent by mail, it must be deposited in the post office in time to go by mail the day following the day of dishonor, or if there be no mail at a convenient hour on that day, by the next mail thereafter;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if given otherwise than through the post office, then within the time that notice would have been received in due course of mail, if it had been deposited in the post office within the time specified in the last subdivision.</content> </paragraph> </section> <section> <num value="4437">§ 4437. </num> <heading>Due notice; miscarriage in mails</heading> <content>Where notice of dishonor is duly addressed and deposited in the post office, the sender is deemed to have given due notice, notwithstanding any miscarriage in the mails.</content> </section> <section> <num value="4438">§ 4438. </num> <heading>Deposit in post office defined</heading> <content>Notice is deemed to have been deposited in the post office when deposited in any branch post office or in any letter box under the control of the Postal Service.</content> </section> <page identifier="/us/stat/76a/252">252</page> <section> <num value="4439">§ 4439. </num> <heading>Notice to antecedent party; time</heading> <content>Where a party receives notice of dishonor, he has, after the receipt of such notice, the same time for giving notice to antecedent parties that the holder has after the dishonor.</content> </section> <section> <num value="4440">§ 4440. </num> <heading>Place where notice must be sent</heading> <chapeau>Where a party has added an address to his signature, notice of dishonor must be sent to that address; but if he has not given such address, then the notice must be sent as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>either to the post office nearest to his place of residence, or to the post office where he is accustomed to receive his letters; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if he lives in one place, and has his place of business in another, notice may be sent to either place; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if he is sojourning in another place, notice may be sent to the place where he is sojourning.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">But where the notice is actually received by the party within the time specified in this chapter, it will be sufficient, though not sent in accordance with the requirements of this section.</continuation> </section> <section> <num value="4441">§ 4441. </num> <heading>Waiver of notice</heading> <content>Notice of dishonor may be waived, either before the time of giving notice has arrived, or after the omission to give due notice, and the waiver may be express or implied.</content> </section> <section> <num value="4442">§ 4442. </num> <heading>Waiver of notice; persons affected by waiver</heading> <content>Where the waiver is embodied in the instrument itself, it is binding upon all parties; but where it is written above the signature of an indorser, it binds him only.</content> </section> <section> <num value="4443">§ 4443. </num> <heading>Waiver of protest</heading> <content>A waiver of protest, whether in the case of a foreign bill of exchange or other negotiable instrument, is deemed to be a waiver not only of formal protest, but also of presentment and notice of dishonor.</content> </section> <section> <num value="4444">§ 4444. </num> <heading>Dispensing with notice</heading> <content>Notice of dishonor is dispensed with when, after the exercise of reasonable diligence, it can not be given to or does not reach the parties sought to be charged.</content> </section> <section> <num value="4445">§ 4445. </num> <heading>Delay; excuse</heading> <content>Delay in giving notice of dishonor is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate, notice must be given with reasonable diligence.</content> </section> <section> <num value="4446">§ 4446. </num> <heading>Notice to drawer; when dispensed with</heading> <chapeau>Notice of dishonor is not required to be given to the drawer in either of the following cases:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where the drawer and drawee are the same person;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when the drawee is a fictitious person or a person not having capacity to contract;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>when the drawer is the person to whom the instrument is presented for payment;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>where the drawer has no right to expect or require that the drawee or acceptor will honor the instrument;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>where the drawer has countermanded payment.</content> </paragraph> </section> <section> <num value="4447">§ 4447. </num> <heading>Notice to indorser; when dispensed with</heading> <chapeau>Notice of dishonor is not required to he given to an indorser in either of the following cases:</chapeau> <page identifier="/us/stat/76a/253">253</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where the indorser is the person to whom the instrument is presented for payment;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>where the instrument was made or accepted for his accommodation.</content> </paragraph> </section> <section> <num value="4448">§ 4448. </num> <heading>Notice of nonpayment where acceptance refused</heading> <content>Where due notice of dishonor by nonacceptance has been given, notice of a subsequent dishonor by nonpayment is not necessary, unless in the meantime the instrument has been accepted.</content> </section> <section> <num value="4449">§ 4449. </num> <heading>Omission to give notice of nonacceptance; effect</heading> <content>An omission to give notice of dishonor by nonacceptance does not prejudice the rights of a holder in due course subsequent to the omission.</content> </section> <section> <num value="4450">§ 4450. </num> <heading>Protest; when necessary; when unnecessary</heading> <content>Where any negotiable instrument has been dishonored it may be protested for nonacceptance or nonpayment, as the case may be; but protest is not required except in the case of foreign bills of exchange.</content> </section> </article> <article> <num class="bold" value="H">Article H—</num><heading class="bold">Discharge of Negotiable Instruments</heading> <section> <num value="4461">§ 4461. </num> <heading>Methods of discharge</heading> <chapeau>A negotiable instrument is discharged:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by payment in due course by or on behalf of the principal debtor;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by payment in due course by the party accommodated, where the instrument is made or accepted for accommodation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by the intentional cancellation thereof by the holder;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by any other act which will discharge a simple contract for the payment of money;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>when the principal debtor becomes the holder of the instrument at or after maturity in his own right.</content> </paragraph> </section> <section> <num value="4462">§ 4462. </num> <heading>Persons secondarily liable; discharge</heading> <chapeau>A person secondarily liable on the instrument is discharged:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by any act which discharges the instrument;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by the intentional cancellation of his signature by the holder;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by the discharge of a prior party;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by a valid tender of payment made by a prior party;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>by a release of the principal debtor, unless the holder’s right of recourse against the party secondarily liable is expressly reserved;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>by any agreement binding upon the holder to extend the time of payment, or to postpone the holder’s right to enforce the instrument, unless made with the assent of the party secondarily liable, or unless the right of recourse against such party is expressly reserved.</content> </paragraph> </section> <section> <num value="4463">§ 4463. </num> <heading>Rights of parties secondarily liable who pay instruments</heading> <chapeau>Where the instrument is paid by a party secondarily liable thereon, it is not discharged; but the party so paying it is remitted to his former rights as regards all prior parties, and he may strike out his own and all subsequent indorsements, and again negotiate the instrument, except:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where it is payable to the order of a third person, and has been paid by the drawer; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where it was made or accepted for accommodation, and has been paid by the party accommodated.</content> </paragraph> </section> <page identifier="/us/stat/76a/254">254</page> <section> <num value="4464">§ 4464. </num> <heading>Renunciation by holder</heading> <content>The holder may expressly renounce his rights against any party to the instrument, before, at, or after its maturity. An absolute and unconditional renunciation of his rights against the principal debtor made at or after the maturity of the instrument discharges the instrument. But a renunciation does not affect the rights of a holder in due course without notice. A renunciation must be in writing, unless the instrument is delivered up to the person primarily liable thereon.</content> </section> <section> <num value="4465">§ 4465. </num> <heading>Unintentional cancellation; burden of proof</heading> <content>A cancellation made unintentionally, or under a mistake or without the authority of the holder, is inoperative; but where an instrument or any signature thereon appears to have been canceled the burden of proof lies on the party who alleges that the cancellation was made unintentionally, or under a mistake or without authority.</content> </section> <section> <num value="4466">§ 4466. </num> <heading>Material alteration; effect</heading> <content> <p class="indent0 firstIndent1 fontsize10">Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers.</p> <p class="indent0 firstIndent1 fontsize10">But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor.</p> </content> </section> <section> <num value="4467">§ 4467. </num> <heading>Material alteration defined</heading> <chapeau>Any alteration which changes:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the date;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the sum payable, either for principal or interest;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the time or place of payment;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the number or the relations of the parties;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the medium or currency in which payment is to be made—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect, is a material alteration.</continuation> </section> </article> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Bills of Exchange</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">Form and Interpretation</heading> <section> <num value="4471">§ 4471. </num> <heading>Bill of exchange defined</heading> <content>A bill of exchange is an unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to order or to bearer.</content> </section> <section> <num value="4472">§ 4472. </num> <heading>Bill not an assignment of funds in hands of drawee</heading> <content>A bill of itself does not operate as an assignment of the funds in the hands of the drawee available for the payment thereof, and the drawee is not liable on the bill unless and until he accepts the same.</content> </section> <section> <num value="4473">§ 4473. </num> <heading>Bill addressed to two or more drawees</heading> <content>A bill may be addressed to two or more drawees jointly, whether they are partners or not; but not to two or more drawees in the alternative or in succession.</content> </section> <section> <num value="4474">§ 4474. </num> <heading>Inland and foreign bills defined</heading> <content>An inland bill of exchange is a bill which is, or on its face purports to be, both drawn and payable within the Canal Zone. Any other bill is a foreign bill. Unless the contrary appears on the face of the bill, the holder may treat it as an inland bill.</content> </section> <page identifier="/us/stat/76a/255">255</page> <section> <num value="4475">§ 4475. </num> <heading>Treatment of bill as promissory note</heading> <content>Where in a bill drawer and drawee are the same person, or where the drawee is a fictitious person, or a person not having capacity to contract, the holder may treat the instrument, at his option, either as a bill of exchange or a promissory note.</content> </section> <section> <num value="4476">§ 4476. </num> <heading>Referee in case of need</heading> <content>The drawer of a bill and any indorser may insert thereon the name of a person to whom the holder may resort in case of need; that is to say in case the bill is dishonored by nonacceptance or nonpayment. That person is called the referee in case of need. It is in the option of the holder to resort to the referee in case of need or not as he may see fit.</content> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Acceptance</heading> <section> <num value="4481">§ 4481. </num> <heading>Acceptance; definition; method of making</heading> <content>The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer. The acceptance must be in writing and signed by the drawee. It may not express that the drawee will perform his promise by any other means than the payment of money.</content> </section> <section> <num value="4482">§ 4482. </num> <heading>Holder entitled to acceptance on face of bill</heading> <content>The holder of a bill presenting the same for acceptance may require that the acceptance be written on the bill and, if his demand is refused, may treat the bill as dishonored.</content> </section> <section> <num value="4483">§ 4483. </num> <heading>Acceptance by separate instrument</heading> <content>Where an acceptance is written on a paper other than the bill itself, it does not bind the acceptor except in favor of a person to whom it is shown and who, on the faith thereof, receives the bill for value.</content> </section> <section> <num value="4484">§ 4484. </num> <heading>Promise to accept; equivalent to acceptance</heading> <content>An unconditional promise in writing to accept a bill before it is drawn is deemed an actual acceptance in favor of every person, who upon the faith thereof, receives the bill for value.</content> </section> <section> <num value="4485">§ 4485. </num> <heading>Time allowed drawee to accept</heading> <content>The drawee is allowed 24 hours after presentment in which to decide whether or not he will accept the bill; but the acceptance, if given, dates as of the day of presentation.</content> </section> <section> <num value="4486">§ 4486. </num> <heading>Liability of drawee retaining or destroying bill</heading> <content>Where a drawee to whom a bill is delivered for acceptance destroys the same, or refuses within 24 hours after the delivery, or within such other period as the holder may allow, to return the bill accepted or nonaccepted to the holder, he will he deemed to have accepted the same.</content> </section> <section> <num value="4487">§ 4487. </num> <heading>Acceptance of incomplete bill</heading> <content>A bill may be accepted before it has been signed by the drawer, or while otherwise incomplete, or when it is overdue, or after it has been dishonored by a previous refusal to accept, or by nonpayment. But when a bill payable after sight is dishonored by nonacceptance and the drawee subsequently accepts it, the holder in the absence of any different agreement, is entitled to have the bill accepted as of the date of the presentment.</content> </section> <section> <num value="4488">§ 4488. </num> <heading>Kinds of acceptance</heading> <content>An acceptance is either general or qualified. A general acceptance assents without qualification to the order of the drawer. A qualified acceptance in express terms varies the effect of the bill as drawn.</content> </section> <page identifier="/us/stat/76a/256">256</page> <section> <num value="4489">§ 4489. </num> <heading>General acceptance</heading> <content>An acceptance to pay at a particular place is a general acceptance, unless it expressly states that the bill is to be paid there only and not elsewhere.</content> </section> <section> <num value="4490">§ 4490. </num> <heading>Qualified acceptance</heading> <chapeau>An acceptance is qualified which is:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>conditional; that is to say which makes payment by the acceptor dependent on the fulfillment of a condition therein stated;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>partial; that is to say, an acceptance to pay part only of the amount for which the bill is drawn;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>local; that is to say, an acceptance to pay only at a particular place;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>qualified as to time;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the acceptance of some one or more of the drawees, but not of all.</content> </paragraph> </section> <section> <num value="4491">§ 4491. </num> <heading>Qualified acceptance; rights of parties</heading> <content>The holder may refuse to take a qualified acceptance, and if be does not obtain an unqualified acceptance he may treat the bill as dishonored by nonacceptance. Where a qualified acceptance is taken the drawer and indorsers are discharged from liability on the bill, unless they have expressly or impliedly authorized the holder to take a qualified acceptance, or subsequently assent thereto. When the drawer or an indorser receives notice of a qualified acceptance, he must, within a reasonable time, express his dissent to the holder, or he will be deemed to have assented thereto.</content> </section> </article> <article> <num class="bold" value="C">Article C—</num><heading class="bold">Presentment for Acceptance</heading> <section> <num value="4501">§ 4501. </num> <heading>Necessity of making presentment for acceptance</heading> <chapeau>Presentment for acceptance must be made:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where the bill is payable after sight, or in any other case, where presentment for acceptance is necessary in order to fix the maturity of the instrument; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where the bill expressly stipulates that it shall be presented for acceptance; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>where the bill is drawn payable elsewhere than at the residence or place of business of the drawee.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">Presentment for acceptance is not necessary in any other case in order to render any party to the bill liable.</continuation> </section> <section> <num value="4502">§ 4502. </num> <heading>Failure to present as releasing drawer and indorsers</heading> <content>Except as herein otherwise provided, the holder of a bill which is required by section 4501 of this title to be presented for acceptance must either present it for acceptance or negotiate it within a reasonable time. If he fails to do so, the drawer and all indorsers are discharged.</content> </section> <section> <num value="4503">§ 4503. </num> <heading>Time for making; persons to whom made</heading> <chapeau>Presentment for acceptance must be made by or on behalf of the holder at a reasonable hour, on a business day and before the bill is overdue, to the drawee or some person authorized to accept or refuse acceptance on his behalf; and:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all, unless one has authority to accept or refuse acceptance for all, in which case presentment may be made to him only;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where the drawee is dead, presentment may be made to his personal representative;</content> </paragraph> <page identifier="/us/stat/76a/257">257</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>where the drawee has been adjudged a bankrupt or an insolvent or has made an assignment for the benefit of creditors, presentment may be made to him or to his trustee or assignee.</content> </paragraph> </section> <section> <num value="4504">§ 4504. </num> <heading>Days on which presentment may be made</heading> <content>A bill may be presented for acceptance on any day on which negotiable instruments may be presented for payment under sections 4403 and 4416 of this title. When Saturday is not otherwise a holiday, presentment for acceptance may be made before twelve o’clock noon, on that day.</content> </section> <section> <num value="4505">§ 4505. </num> <heading>Insufficient time</heading> <content>Where the holder of a bill drawn payable elsewhere than at the place of business or the residence of the drawee has not time with the exercise of reasonable diligence to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused and does not discharge the drawers and indorsers.</content> </section> <section> <num value="4506">§ 4506. </num> <heading>Excuse</heading> <chapeau>Presentment for acceptance is excused and a bill may be treated as dishonored by nonacceptance, in either of the following cases:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where the drawee is dead, or has absconded, or is a fictitious person, or a person not having capacity to contract by bill;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where, after the exercise of reasonable diligence, presentment cannot be made;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>where, although presentment has been irregular, acceptance has been refused on some other ground.</content> </paragraph> </section> <section> <num value="4507">§ 4507. </num> <heading>Dishonor by nonacceptance</heading> <chapeau>A bill is dishonored by nonacceptance:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>when it is duly presented for acceptance and such an acceptance as is prescribed by this chapter is refused or cannot be obtained; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when presentment for acceptance is excused and the bill is not accepted.</content> </paragraph> </section> <section> <num value="4508">§ 4508. </num> <heading>Duty of holder on nonacceptance</heading> <content>If a bill is duly presented for acceptance and is not accepted within the prescribed time the person presenting it must treat the bill as dishonored by nonacceptance or he loses the right of recourse against the drawer and indorsers.</content> </section> <section> <num value="4509">§ 4509. </num> <heading>Rights of holder on nonacceptance</heading> <content>If a bill is dishonored by nonacceptance, an immediate right of recourse against the drawers and indorsers accrues to the holder and no presentment for payment is necessary.</content> </section> </article> <article> <num class="bold" value="D">Article D—</num><heading class="bold">Protest</heading> <section> <num value="4511">§ 4511. </num> <heading>Necessity for protest</heading> <content>If a foreign bill appearing on its face for nonacceptance, and by nonacceptance, it must be duly protested for nonacceptance, and where such a bill which has not previously been dishonored by nonacceptance is dishonored by nonpayment, it must be duly protested for nonpayment. If it is not so protested, the drawer and indorsers are discharged. Where a bill does not appear on its face to be a foreign bill, protest thereof in case of dishonor is unnecessary.</content> </section> <section> <num value="4512">§ 4512. </num> <heading>Method of making</heading> <chapeau>The protest must be annexed to the bill, or must contain a copy thereof, and must be under the hand and seal of the notary making it, and must specify:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the time and place of presentment;</content> </paragraph> <page identifier="/us/stat/76a/258">258</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the fact that presentment was made and the manner thereof;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the cause or reason for protesting the bill;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found.</content> </paragraph> </section> <section> <num value="4513">§ 4513. </num> <heading>Persons who may make protest</heading> <chapeau>Protest may be made by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a notary public; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>any respectable resident of the place where the bill is dishonored, in the presence of two or more credible witnesses.</content> </paragraph> </section> <section> <num value="4514">§ 4514. </num> <heading>Time for making</heading> <content>When a bill is protested, the protest trust be made on the day of its dishonor, unless delay is excused as herein provided. When a bill has been duly noted, the protest may be subsequently extended as of the date of the noting.</content> </section> <section> <num value="4515">§ 4515. </num> <heading>Place where made</heading> <content>A bill must be protested at the place where it is dishonored, except that when a bill drawn payable at the place of business, or residence of some person other than the drawee, has been dishonored by nonacceptance, it must be protested for nonpayment at the place where it is expressed to be payable, and no further presentment for payment to, or demand on, the drawee is necessary.</content> </section> <section> <num value="4516">§ 4516. </num> <heading>Protest both for nonacceptance and nonpayment</heading> <content>A bill which has been protested for nonacceptance may be subsequently protested for nonpayment.</content> </section> <section> <num value="4517">§ 4517. </num> <heading>Protest before maturity; better security</heading> <content>Where the acceptor has been adjudged a bankrupt or an insolvent, or has made an assignment for the benefit of creditors, before the bill matures, the holder may cause the bill to be protested for better security against the drawer and indorsers.</content> </section> <section> <num value="4618">§ 4618. </num> <heading>Dispensing with protest</heading> <content>Protest is dispensed with by any circumstances which would dispense with notice of dishonor. Delay in noting or protesting is excused when delay is caused by circumstances beyond the control of the holder and not imputable to his default, misconduct or negligence. When the cause of delay ceases to operate, the bill must be noted or protested with reasonable diligence.</content> </section> <section> <num value="4519">§ 4519. </num> <heading>Lost, destroyed, or wrongly detained bill</heading> <content>When a bill is lost or destroyed or is wrongly detained from the person entitled to hold it, protest may be made on a copy or written particulars thereof.</content> </section> </article> <article> <num class="bold" value="E">Article E—</num><heading class="bold">Acceptance for Honor</heading> <section> <num value="4521">§ 4521. </num> <heading>Circumstances authorizing acceptance for honor</heading> <content>Where a bill of exchange has been protested for dishonor by nonacceptance or protested for better security, and is not overdue, any person not being a party already liable thereon may, with the consent of the holder, intervene and accept the bill supra protest for the honor of any party liable thereon, or for the honor of the person for whose account the bill is drawn. The acceptance for honor may be for the part only of the sum for which the bill is drawn; and where there has been an acceptance for honor for one party, there may be a further acceptance by a different person for the honor of another party.</content> </section> <page identifier="/us/stat/76a/259">259</page> <section> <num value="4522">§ 4522. </num> <heading>Method of acceptance for honor</heading> <content>An acceptance for honor supra protest must be in writing, and indicate that it is an acceptance for honor, and must be signed by the acceptor for honor.</content> </section> <section> <num value="4523">§ 4523. </num> <heading>Honor of drawer; presumption</heading> <content>Where an acceptance for honor does not expressly state for whose honor it is made, it is deemed to be an acceptance for the honor of the drawer.</content> </section> <section> <num value="4524">§ 4524. </num> <heading>Liability of acceptor</heading> <content>The acceptor for honor is liable to the holder and to all parties to the bill subsequent to the party for whose honor he has accepted.</content> </section> <section> <num value="4525">§ 4525. </num> <heading>Agreement of acceptor</heading> <content>The acceptor for honor by such acceptance engages that he will on due presentment pay the bill according to the terms of his acceptance; provided, it shall not have been paid by the drawee; and provided, also, that it shall have been duly presented for payment and protested for nonpayment and notice of dishonor given him.</content> </section> <section> <num value="4526">§ 4526. </num> <heading>Maturity of sight bill accepted for honor</heading> <content>Where a bill payable after sight is accepted for honor, its maturity is calculated from the date of the noting for nonacceptance and not from the date of the acceptance for honor.</content> </section> <section> <num value="4527">§ 4527. </num> <heading>Protest after acceptance</heading> <content>Where a dishonored bill has been accepted for honor supra protest or contains a reference in case of need, it must be protested for nonpayment before it is presented for payment to the acceptor for honor or referee in case of need.</content> </section> <section> <num value="4528">§ 4528. </num> <heading>Presentment for payment to acceptor</heading> <chapeau>Presentment for payment to the acceptor for honor must be made as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if it is to be presented in the place where the protest for nonpayment was made, it must be presented not later than the day following its maturity;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if it is to be presented in some other place than the place where it was protested, then it must be forwarded within the time specified by section 4436 of this title.</content> </paragraph> </section> <section> <num value="4529">§ 4529. </num> <heading>Excuse for delay in making presentment</heading> <content>Section 4412 of this title applies where there is delay in making presentment to the acceptor for honor or referee in case of need.</content> </section> <section> <num value="4530">§ 4530. </num> <heading>Dishonor by acceptor for honor</heading> <content>When the bill is dishonored by the acceptor for honor it must be protested for nonpayment by him.</content> </section> </article> <article> <num class="bold" value="F">Article F—</num><heading class="bold">Payment for Honor</heading> <section> <num value="4541">§ 4541. </num> <heading>Persons who may make payment for honor</heading> <content>Where a bill has been protested for nonpayment, any person may intervene and pay it supra protest for the honor of any person liable thereon or for the honor of the person for whose account it was drawn.</content> </section> <section> <num value="4542">§ 4542. </num> <heading>Formalities</heading> <content>The payment for honor supra protest in order to operate as such and not as a mere voluntary payment must be attested by a notarial act of honor which may be appended to the protest or form an extension to it.</content> </section> <page identifier="/us/stat/76a/260">260</page> <section> <num value="4543">§ 4543. </num> <heading>Declaration before payment for honor</heading> <content>The notarial act of honor must be founded on a declaration made by the payer for honor or by his agent in that behalf declaring his intention to pay the bill for honor and for whose honor he pays.</content> </section> <section> <num value="4544">§ 4544. </num> <heading>Preference of parties offering to pay for honor</heading> <content>Where two or more persons offer to pay a bill for the honor of different parties, the person whose payment will discharge most parties to the bill is to be given the preference.</content> </section> <section> <num value="4545">§ 4545. </num> <heading>Discharge of subsequent parties; subrogation of payer</heading> <content>Where a bill has been paid for honor, all parties subsequent to the party for whose honor it is paid are discharged, but the payer for honor is subrogated for, and succeeds to, both the rights and duties of the holder as regards the party for whose honor he pays and all parties liable to the latter.</content> </section> <section> <num value="4546">§ 4546. </num> <heading>Refusal of payment; loss of right of recourse</heading> <content>Where the holder of a bill refuses to receive payment supra protest, he loses his right of recourse against any party who would have been discharged by the payment.</content> </section> <section> <num value="4547">§ 4547. </num> <heading>Rights of payer for honor</heading> <content>The payer for honor, on paying to the holder the amount of the bill and the notarial expenses incidental to its dishonor, is entitled to receive both the bill itself and the protest.</content> </section> </article> <article> <num class="bold" value="G">Article G—</num><heading class="bold">Bills in a Set</heading> <section> <num value="4551">§ 4551. </num> <heading>Bills in sets constitute one bill</heading> <content>Where a bill is drawn in a set, each part of the set being numbered and containing a reference to the other parts, the whole of the parts constitutes one bill.</content> </section> <section> <num value="4552">§ 4552. </num> <heading>Negotiation of different parts; rights of holders</heading> <content>Where two or more parts of a set are negotiated to different holders in due course, the holder whose title first accrues is, as between such holders, the true owner of the bill. But this section does not affect the rights of a person who in due course accepts or pays the part first presented to him.</content> </section> <section> <num value="4553">§ 4553. </num> <heading>Liability of holder indorsing two or more parts to different persons</heading> <content>Where the holder of a set indorses two or more parts to different persons he is liable on every such part, and every indorser subsequent to him is liable on the part he has himself indorsed, as if such parts were separate bills.</content> </section> <section> <num value="4554">§ 4554. </num> <heading>Acceptance</heading> <content>The acceptance may be written on any part and it must be written on one part only. If the drawee accepts more than one part, and such accepted parts are negotiated to different holders in due course, he is liable on every such part as if it were a separate bill.</content> </section> <section> <num value="4555">§ 4555. </num> <heading>Payment by acceptor</heading> <content>When the acceptor of a bill drawn in a set pays it without requiring the part bearing his acceptance to be delivered up to him, and that part at maturity is outstanding in the hands of a holder in due course, he is liable to the holder thereon.</content> </section> <section> <num value="4556">§ 4556. </num> <heading>Discharging one part; effect</heading> <content>Except as herein otherwise provided, where any one part of a bill drawn in a set is discharged by payment or otherwise the whole bill is discharged.</content> </section> </article> </subchapter> <page identifier="/us/stat/76a/261">261</page> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Promissory Notes and Checks</heading> <section> <num value="4561">§ 4561. </num> <heading>Promissory note defined</heading> <content>A negotiable promissory note within the meaning of this chapter is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer, but the negotiability of a promissory note otherwise negotiable in form, secured by a mortgage or deed of trust upon real or personal property, shall not be affected or abridged by reason of a statement therein that it is so secured, nor by reason of the fact that said instrument is so secured, nor by any conditions contained in the mortgage or deed of trust securing the same. Where a note is drawn to the maker’s own order it is not complete until indorsed by him.</content> </section> <section> <num value="4562">§ 4562. </num> <heading>Check defined</heading> <content>A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, the provisions of this chapter applicable to a bill of exchange payable on demand apply to a check.</content> </section> <section> <num value="4563">§ 4563. </num> <heading>Time for presenting check</heading> <content>A check must be presented for payment within a reasonable time after its issue or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.</content> </section> <section> <num value="4564">§ 4564. </num> <heading>Certification of check; effect</heading> <content>Where a check is certified by the bank on which it is drawn, the certification is equivalent to an acceptance.</content> </section> <section> <num value="4565">§ 4565. </num> <heading>Holder procuring check to be certified; effect</heading> <content>Where the holder of a check procures it to be accepted or certified, the drawer and all indorsers are discharged from liability thereon.</content> </section> <section> <num value="4566">§ 4566. </num> <heading>Check not an assignment; liability of bank</heading> <content>A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">General Provisions</heading> <section> <num value="4571">§ 4571. </num> <heading>Short title</heading> <content>This chapter may be cited as the Uniform Negotiable Instruments Act.</content> </section> <section> <num value="4572">§ 4572. </num> <heading>Definitions</heading> <content> <p class="indent0 firstIndent1 fontsize10">In this chapter, unless the context otherwise requires:</p> <p class="indent0 firstIndent1 fontsize10">“acceptance” means an acceptance completed by delivery or notification;</p> <p class="indent0 firstIndent1 fontsize10">“action” includes counterclaim and setoff;</p> <p class="indent0 firstIndent1 fontsize10">“bank” includes any person or association of persons carrying on the business of banking, whether incorporated or not;</p> <p class="indent0 firstIndent1 fontsize10">“bearer” means the person in possession of a bill or note which is payable to bearer;</p> <p class="indent0 firstIndent1 fontsize10">“bill” means bill of exchange, and “note” means negotiable promissory note;</p> <p class="indent0 firstIndent1 fontsize10">“delivery” means transfer of possession, actual or constructive, from one person to another;</p> <p class="indent0 firstIndent1 fontsize10">“holder” means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof;</p> <p class="indent0 firstIndent1 fontsize10">“indorsement” means an indorsement completed by delivery;</p> <p class="indent0 firstIndent1 fontsize10">“instrument” means negotiable instrument;</p> <p class="indent0 firstIndent1 fontsize10">“issue” means the first delivery of the instrument, complete in form, to a person who takes it as a holder;</p> <page identifier="/us/stat/76a/262">262</page> <p class="indent0 firstIndent1 fontsize10">“person” includes a body of persons, whether incorporated or not;</p> <p class="indent0 firstIndent1 fontsize10">“value” means valuable consideration;</p> <p class="indent0 firstIndent1 fontsize10">“written” includes printed; and “writing” includes print.</p> </content> </section> <section> <num value="4573">§ 4573. </num> <heading>Primary and secondary liability</heading> <content>The person “primarily” liable on an instrument is the person who by the terms of the instrument is absolutely required to pay the same. All other parties are “secondarily” liable.</content> </section> <section> <num value="4574">§ 4574. </num> <heading>Reasonable time; computation</heading> <content>In determining what is a “reasonable time” or an “unreasonable time,” regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.</content> </section> <section> <num value="4575">§ 4575. </num> <heading>Time; computation; last day on holiday</heading> <content>Where the day, or the last day, for doing any act herein required or permitted to be done falls on Sunday or on a holiday, the act may be done on the next succeeding secular or business day.</content> </section> <section> <num value="4576">§ 4576. </num> <heading>Cases not provided for</heading> <content>In a case not provided for in this chapter the rules of the law merchant shall govern.</content> </section> </subchapter> </chapter> <chapter> <num value="107">CHAPTER 107—</num><heading>RELIEF IN GENERAL</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4611.</designator> <label>Species of relief.</label></referenceItem> <referenceItem role="section"><designator>4612.</designator> <label>Relief in case of forfeiture.</label></referenceItem> </toc> <section> <num value="4611">§ 4611. </num> <heading>Species of relief</heading> <content>As a general rule compensation is a relief or remedy provided by the law of the Canal Zone for the violation of private rights, and the means of securing their observance; and specific and preventive relief may not be given in cases other than those specified by this chapter and chapters 109 and 111 of this title.</content> </section> <section> <num value="4612">§ 4612. </num> <heading>Relief in case of forfeiture</heading> <content>Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent, willful, or fraudulent breach of duty.</content> </section> </chapter> <chapter> <num value="109">CHAPTER 109—</num><heading>COMPENSATORY RELIEF</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">damages in general</inline></label></referenceItem> <referenceItem role="article"><designator>Article A—</designator><label>General Principles</label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4641.</designator> <label>Damages for detriment from unlawful act or omission.</label></referenceItem> <referenceItem role="section"><designator>4642.</designator> <label>Detriment defined.</label></referenceItem> <referenceItem role="section"><designator>4643.</designator> <label>Detriment after commencement of action.</label></referenceItem> <referenceItem role="article"><designator>Article B—</designator><label>Interest as Damages</label></referenceItem> <referenceItem role="section"><designator>4651.</designator> <label>Recovery of interest on damages.</label></referenceItem> <referenceItem role="section"><designator>4652.</designator> <label>Breach of obligation other than contract.</label></referenceItem> <referenceItem role="section"><designator>4653.</designator> <label>Interest stipulated by contract.</label></referenceItem> <referenceItem role="section"><designator>4654.</designator> <label>Waiver by accepting principal.</label></referenceItem> <page identifier="/us/stat/76a/263">263</page> <referenceItem role="article"><designator>Article C—</designator><label>Exemplary Damages</label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4661.</designator> <label>Allowance of exemplary damages.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">measure of damages</inline></label></referenceItem> <referenceItem role="article"><designator>Article A—</designator><label>Damages for Breach of Contract</label></referenceItem> <referenceItem role="section"><designator>4681.</designator> <label>Measure of damages for breach of contract.</label></referenceItem> <referenceItem role="section"><designator>4682.</designator> <label>Certainty of damages.</label></referenceItem> <referenceItem role="section"><designator>4683.</designator> <label>Breach of contract to pay liquidated sum.</label></referenceItem> <referenceItem role="section"><designator>4684.</designator> <label>Breach of carrier’s obligation to receive goods, etc.</label></referenceItem> <referenceItem role="section"><designator>4685.</designator> <label>Breach of carrier’s obligation to deliver.</label></referenceItem> <referenceItem role="section"><designator>4686.</designator> <label>Carrier’s delay.</label></referenceItem> <referenceItem role="section"><designator>4687.</designator> <label>Breach of warranty of agent’s authority.</label></referenceItem> <referenceItem role="section"><designator>4688.</designator> <label>Nonpayment of check.</label></referenceItem> <referenceItem role="article"><designator>Article B—</designator><label>Damages for Wrongs</label></referenceItem> <referenceItem role="section"><designator>4701.</designator> <label>Breach of obligation other than contract.</label></referenceItem> <referenceItem role="section"><designator>4702.</designator> <label>Conversion of personal property; presumption.</label></referenceItem> <referenceItem role="section"><designator>4703.</designator> <label>Same; application to benefit of owner.</label></referenceItem> <referenceItem role="section"><designator>4704.</designator> <label>Same; damages of lienor.</label></referenceItem> <referenceItem role="section"><designator>4705.</designator> <label>Seduction.</label></referenceItem> <referenceItem role="section"><designator>4706.</designator> <label>Injuries to animals.</label></referenceItem> <referenceItem role="section"><designator>4707.</designator> <label>Liability of owner of dog for damages suffered by dog bite.</label></referenceItem> <referenceItem role="section"><designator>4708.</designator> <label>Damages for fraud in the purchase, sale or exchange of property.</label></referenceItem> <referenceItem role="article"><designator>Article C—</designator><label>General Provisions</label></referenceItem> <referenceItem role="section"><designator>4721.</designator> <label>Property of peculiar value.</label></referenceItem> <referenceItem role="section"><designator>4722.</designator> <label>Value of instrument in writing.</label></referenceItem> <referenceItem role="section"><designator>4723.</designator> <label>Damages prescribed as exclusive of exemplary damages and interest.</label></referenceItem> <referenceItem role="section"><designator>4724.</designator> <label>Limitation of damages.</label></referenceItem> <referenceItem role="section"><designator>4725.</designator> <label>Damages to be reasonable.</label></referenceItem> <referenceItem role="section"><designator>4726.</designator> <label>Nominal damages.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Damages in General</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">General Principles</heading> <section> <num value="4641">§ 4641. </num> <heading>Damages for detriment from unlawful act or omission</heading> <content>A person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.</content> </section> <section> <num value="4642">§ 4642. </num> <heading>Detriment defined</heading> <content>Detriment is a loss or harm suffered in person or property.</content> </section> <section> <num value="4643">§ 4643. </num> <heading>Detriment after commencement of action</heading> <content>Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof or certain to result in the future.</content> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Interest as Damages</heading> <section> <num value="4651">§ 4651. </num> <heading>Recovery of interest on damages</heading> <content>A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act of the creditor, from paying the debt.</content> </section> <section> <num value="4652">§ 4652. </num> <heading>Breach of obligation other than contract</heading> <content>In an action for the breach of an obligation not arising from contract, and in a case of oppression, fraud, or malice, interest may be given, in the discretion of the court or jury.</content> </section> <page identifier="/us/stat/76a/264">264</page> <section> <num value="4653">§ 4653. </num> <heading>Interest stipulated by contract</heading> <content>Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a judgment or other new obligation.</content> </section> <section> <num value="4654">§ 4654. </num> <heading>Waiver by accepting principal</heading> <content>Accepting payment of the whole principal, as such, waives all claims to interest.</content> </section> </article> <article> <num class="bold" value="C">Article C—</num><heading class="bold">Exemplary Damages</heading> <section> <num value="4661">§ 4661. </num> <heading>Allowance of exemplary damages</heading> <content>In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.</content> </section> </article> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Measure of Damages</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">Damages for Breach of Contract</heading> <section> <num value="4681">§ 4681. </num> <heading>Measure of damages for breach of contract</heading> <content>For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this title, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom.</content> </section> <section> <num value="4682">§ 4682. </num> <heading>Certainty of damages</heading> <content>Damages may not he recovered for a breach of contract which are not clearly ascertainable in both their nature and origin.</content> </section> <section> <num value="4683">§ 4683. </num> <heading>Breach of contract to pay liquidated sum</heading> <content>The detriment caused by the breach of an obligation to pay money only is deemed to be the amount due by the terms of the obligation, with interest thereon.</content> </section> <section> <num value="4684">§ 4684. </num> <heading>Breach of carrier’s obligation to receive goods, etc.</heading> <content>The detriment caused by the breach of a carrier’s obligation to accept freight, messages, or passengers, is deemed to be the difference between the amount which he had a right to charge for the carriage and the amount which it would be necessary to pay for the same service when it ought to be performed.</content> </section> <section> <num value="4685">§ 4685. </num> <heading>Breach of carrier’s obligation to deliver</heading> <content>The detriment caused by the breach of a carrier’s obligation to deliver freight, where he has not converted it to his own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which he would have been entitled if he had completed the delivery.</content> </section> <section> <num value="4686">§ 4686. </num> <heading>Carrier’s delay</heading> <content>The detriment caused by a carrier’s delay in the delivery of freight is deemed to be the depreciation in the intrinsic value of the freight during the delay, and also the depreciation, if any, in the market value thereof, otherwise than by reason of a depreciation in its intrinsic value, at the place where it ought to have been delivered, and between the day at which it ought to have been delivered, and the day of its actual delivery.</content> </section> <page identifier="/us/stat/76a/265">265</page> <section> <num value="4687">§ 4687. </num> <heading>Breach of warranty of agent’s authority</heading> <content>The detriment caused by the breach of a warranty of an agent’s authority is deemed to be the amount which could have been recovered and collected from his principal if the warranty had been complied with, and the reasonable expenses of legal proceedings taken, in good faith, to enforce the act of the agent against his principal.</content> </section> <section> <num value="4688">§ 4688. </num> <heading>Nonpayment of check</heading> <content>A bank is not liable to a depositor because of the nonpayment through mistake or error, and without malice, of a check which should have been paid unless the depositor alleges and proves actual damage by reason of the nonpayment and in such event the liability shall not exceed the amount of damage so proved.</content> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Damages for Wrongs</heading> <section> <num value="4701">§ 4701. </num> <heading>Breach of obligation other than contract</heading> <content>For the breach of an obligation not arising from contract the measure of damages, except where otherwise expressly provided by this title, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.</content> </section> <section> <num value="4702">§ 4702. </num> <heading>Conversion of personal property; presumption</heading> <chapeau>The detriment caused by the wrongful conversion of personal property is presumed to be:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the value of the property at the time of the conversion, with the interest from that time, or an amount sufficient to indemnify the party injured for the loss which is the natural, reasonable and proximate result of the wrongful act complained of and which a proper degree of prudence on his part would not have averted; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a fair compensation for the time and money properly expended in pursuit of the property.</content> </paragraph> </section> <section> <num value="4703">§ 4703. </num> <heading>Same; application to benefit of owner</heading> <content>The presumption declared by section 4702 of this title can not be repelled, in favor of one whose possession was wrongful from the beginning, by his subsequent application of the property to the benefit of the owner, without his consent.</content> </section> <section> <num value="4704">§ 4704. </num> <heading>Same; damages of lienor</heading> <content>One having a mere lien on personal property can not recover greater damages for its conversion, from one having a right thereto superior to his, after his lien is discharged, than the amount secured by the lien, and the compensation allowed by section 4702 of this title for loss of time and expenses.</content> </section> <section> <num value="4705">§ 4705. </num> <heading>Seduction</heading> <content>The damages for seduction rest in the sound discretion of the court or jury.</content> </section> <section> <num value="4706">§ 4706. </num> <heading>Injuries to animals</heading> <content>For wrongful injuries to animals which are subjects of property, committed willfully or by gross negligence, in disregard of humanity, exemplary damages may be given.</content> </section> <page identifier="/us/stat/76a/266">266</page> <section> <num value="4707">§ 4707. </num> <heading>Liability of owner of dog for damages suffered by dog bite</heading> <content>The owner of a dog is liable for the damages suffered by a person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of its viciousness. A person is lawfully upon the private property of the owner within the meaning of this section when he is on the property in the performance of a duty imposed upon him by the laws or postal regulations of the Canal Zone or the United States, or when he is on the property upon the invitation, express or implied, of the owner.</content> </section> <section> <num value="4708">§ 4708. </num> <heading>Damages for fraud in the purchase, sale or exchange of property</heading> <content> <p class="indent0 firstIndent1 fontsize10">A person defrauded in the purchase, sale or exchange of property is entitled to recover the difference between the actual value of that with which the defrauded person parted and the actual value of that which he received, together with any additional damage arising from the particular transaction.</p> <p class="indent0 firstIndent1 fontsize10">This section does not deny to a person leaving a cause of action for fraud or deceit any legal or equitable remedies to which he may be entitled.</p> </content> </section> </article> <article> <num class="bold" value="C">Article C—</num><heading class="bold">General Provisions</heading> <section> <num value="4721">§ 4721. </num> <heading>Property of peculiar value</heading> <content>Where certain property has a peculiar value to a person recovering damages for deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof, or against a willful wrongdoer.</content> </section> <section> <num value="4722">§ 4722. </num> <heading>Value of instrument in writing</heading> <content>For the purpose of estimating damages, the value of an instrument in writing is presumed to be equal to that of the property to which it entitles its owner.</content> </section> <section> <num value="4723">§ 4723. </num> <heading>Damages prescribed as exclusive of exemplary damages and interest</heading> <content>The damages prescribed by this subchapter are exclusive of exemplary damages and interest, except where those are expressly mentioned.</content> </section> <section> <num value="4724">§ 4724. </num> <heading>Limitation of damages</heading> <content>Notwithstanding the provisions of this subchapter, a person may not recover a greater amount in damages for the breach of an obligation than he could have gained by the full performance thereof on both sides, except in the cases specified in section 4661 of this title on exemplary damages and in sections 4705 and 4706 of this title.</content> </section> <section> <num value="4725">§ 4725. </num> <heading>Damages to be reasonable</heading> <content>Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered.</content> </section> <section> <num value="4726">§ 4726. </num> <heading>Nominal damages</heading> <content>When a breach of duty has not caused appreciable detriment to the partly affected, he may yet recover nominal damages.</content> </section> </article> </subchapter> </chapter> <page identifier="/us/stat/76a/267">267</page> <chapter> <num value="111">CHAPTER 111—</num><heading>AND PREVENTIVE RELIEF</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general principles</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4761.</designator> <label>Allowance of specific or preventive relief.</label></referenceItem> <referenceItem role="section"><designator>4762.</designator> <label>Method of giving specific relief.</label></referenceItem> <referenceItem role="section"><designator>4763.</designator> <label>Method of giving preventive relief.</label></referenceItem> <referenceItem role="section"><designator>4764.</designator> <label>Enforcement of penal law, penalty or forfeiture.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">specific relief</inline></label></referenceItem> <referenceItem role="article"><designator>Article A—</designator><label>Possession of Personal Property</label></referenceItem> <referenceItem role="section"><designator>4781.</designator> <label>Specific delivery.</label></referenceItem> <referenceItem role="article"><designator>Article B—</designator><label>Specific Performance of Obligations</label></referenceItem> <referenceItem role="section"><designator>4791.</designator> <label>Specific performance.</label></referenceItem> <referenceItem role="section"><designator>4792.</designator> <label>Mutuality of remedy.</label></referenceItem> <referenceItem role="section"><designator>4793.</designator> <label>Contract signed by only one party.</label></referenceItem> <referenceItem role="section"><designator>4794.</designator> <label>Contract imposing penalty or liquidated damages.</label></referenceItem> <referenceItem role="section"><designator>4795.</designator> <label>Obligations not specifically enforceable.</label></referenceItem> <referenceItem role="section"><designator>4796.</designator> <label>Parties who can not be compelled to perform.</label></referenceItem> <referenceItem role="section"><designator>4797.</designator> <label>Parties not entitled to specific performance.</label></referenceItem> <referenceItem role="article"><designator>Article C—</designator><label>Revision of Contracts</label></referenceItem> <referenceItem role="section"><designator>4811.</designator> <label>When contract may be revised.</label></referenceItem> <referenceItem role="section"><designator>4812.</designator> <label>Presumption as to intent of parties.</label></referenceItem> <referenceItem role="section"><designator>4813.</designator> <label>Principles of revision.</label></referenceItem> <referenceItem role="section"><designator>4814.</designator> <label>Enforcement of revised contract.</label></referenceItem> <referenceItem role="article"><designator>Article D—</designator><label>Rescission of Contracts</label></referenceItem> <referenceItem role="section"><designator>4821.</designator> <label>Grounds for rescission.</label></referenceItem> <referenceItem role="section"><designator>4822.</designator> <label>Rescission for mistake.</label></referenceItem> <referenceItem role="section"><designator>4823.</designator> <label>Court may require party rescinding to do equity.</label></referenceItem> <referenceItem role="article"><designator>Article E—</designator><label>Cancellation of Instruments</label></referenceItem> <referenceItem role="section"><designator>4831.</designator> <label>Grounds for cancellation.</label></referenceItem> <referenceItem role="section"><designator>4832.</designator> <label>Instrument obviously void.</label></referenceItem> <referenceItem role="section"><designator>4833.</designator> <label>Cancellation in part.</label></referenceItem> <referenceItem role="section"><designator>4834.</designator> <label>Lost or destroyed private documents; establishment; issuance of duplicate; security.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">preventive relief</inline></label></referenceItem> <referenceItem role="section"><designator>4851.</designator> <label>Method of granting preventive relief.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Principles</heading> <section> <num value="4761">§ 4761. </num> <heading>Allowance of specific or preventive relief</heading> <content>Specific or preventive relief may be given as provided by the laws applicable in the Canal Zone.</content> </section> <section> <num value="4762">§ 4762. </num> <heading>Method of giving specific relief</heading> <chapeau>Specific relief is given by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>taking possession of a thing and delivering it to a claimant;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>compelling a party himself to do that which ought to be done; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>declaring and determining the rights of parties, otherwise than by an award of damages.</content> </paragraph> </section> <section> <num value="4763">§ 4763. </num> <heading>Method of giving preventive relief</heading> <content>Preventive relief is given by prohibiting a party from doing that which ought not to be done.</content> </section> <page identifier="/us/stat/76a/268">268</page> <section> <num value="4764">§ 4764. </num> <heading>Enforcement of penal law, penalty or forfeiture</heading> <content>Neither specific nor preventive relief can be granted to enforce a penal law, except in a case of nuisance and except as specifically authorized by law, nor to enforce a penalty or forfeiture in any case.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Specific Relief</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">Possession of Personal Property</heading> <section> <num value="4781">§ 4781. </num> <heading>Specific delivery</heading> <content>A person having the possession or control of a particular article of personal property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession.</content> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Specific Performance of Obligation</heading> <section> <num value="4791">§ 4791. </num> <heading>Specific performance</heading> <content>Except as otherwise provided in sections 4792–4797 of this title, the specific performance of an obligation may be compelled.</content> </section> <section> <num value="4792">§ 4792. </num> <heading>Mutuality of remedy</heading> <content>Neither party to an obligation may be compelled specifically to perform it, unless the other party thereto has performed, or is compellable specifically to perform, everything to which the former is entitled under the same obligation, either completely or nearly so, together with full compensation for any want of entire performance.</content> </section> <section> <num value="4793">§ 4793. </num> <heading>Contract signed by only one party</heading> <content>A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform it on his part, and the case is otherwise proper for enforcing specific performance.</content> </section> <section> <num value="4794">§ 4794. </num> <heading>Contract imposing penalty or liquidated damages</heading> <content>A contract otherwise proper to be specifically enforced, may be thus enforced, though a penalty is imposed, or the damages are liquidated for its breach, and the party in default is willing to pay the same.</content> </section> <section> <num value="4795">§ 4795. </num> <heading>Obligations not specifically enforceable</heading> <chapeau>The following obligations can not be specifically enforced:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an obligation to render personal service;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>an obligation to employ another in personal service;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>an agreement to submit a controversy to arbitration;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>an agreement to perform an act which the party has not power lawfully to perform when required to do so;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>an agreement to procure the act or consent of the wife of the contracting party, or of any other third person; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>an agreement, the terms of which are not sufficiently certain to make the precise act which is to be done clearly ascertainable.</content> </paragraph> </section> <section> <num value="4796">§ 4796. </num> <heading>Parties who can not be compelled to perform</heading> <chapeau>Specific performance can not be enforced against a party to a contract:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if he has not received an adequate consideration for the contract;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if it is not, as to him, just and reasonable;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if his assent was obtained by the misrepresentation, concealment, circumvention, or unfair practices of any party to whom performance would become due under the contract, or by any <page identifier="/us/stat/76a/269">269</page> promise of that party which has not been substantially fulfilled; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>if his assent was given under the influence of mistake, misapprehension, or surprise, except that where the contract provides for compensation in case of mistake, a mistake within the scope of the provision may be compensated for, and the contract specifically enforced in other respects, if proper to be so enforced.</content> </paragraph> </section> <section> <num value="4797">§ 4797. </num> <heading>Parties not entitled to specific performance</heading> <content>Specific performance can not be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party except where his failure to perform is only partial, and either entirely immaterial, or capable of being fully compensated, in which case specific performance may be compelled, upon full compensation being made for the default.</content> </section> </article> <article> <num class="bold" value="C">Article C—</num><heading class="bold">Revision of Contracts</heading> <section> <num value="4811">§ 4811. </num> <heading>When contract may be revised</heading> <content>When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention, as far as it can be done without prejudice to rights acquired by third persons, in good faith and for value.</content> </section> <section> <num value="4812">§ 4812. </num> <heading>Presumption as to intent of parties</heading> <content>For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement.</content> </section> <section> <num value="4813">§ 4813. </num> <heading>Principles of revision</heading> <content>In revising a written instrument, the court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be.</content> </section> <section> <num value="4814">§ 4814. </num> <heading>Enforcement of revised contract</heading> <content>A contract may be first revised and then specifically enforced.</content> </section> </article> <article> <num class="bold" value="D">Article D—</num><heading class="bold">Rescission of Contracts</heading> <section> <num value="4821">§ 4821. </num> <heading>Grounds for rescission</heading> <chapeau>The rescission of a written contract may be adjudged, on the application of a party aggrieved:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in any of the cases mentioned in section 1292 of this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where the contract is unlawful, for causes not apparent upon its face, and the parties were not equally in fault; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>when the public interest will be prejudiced by permitting it to stand.</content> </paragraph> </section> <section> <num value="4822">§ 4822. </num> <heading>Rescission for mistake</heading> <content>Rescission cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be restored to substantially the same position as if the contract had not been made.</content> </section> <section> <num value="4823">§ 4823. </num> <heading>Court may require party rescinding to do equity</heading> <content>On adjudging the rescission of a contract, the court may require the party to whom the relief is granted to make any compensation to the other which justice may require.</content> </section> </article> <page identifier="/us/stat/76a/270">270</page> <article> <num class="bold" value="E">Article E—</num><heading class="bold">Cancellation of Instruments</heading> <section> <num value="4831">§ 4831. </num> <heading>Grounds for cancellation</heading> <content>A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or cancelled.</content> </section> <section> <num value="4832">§ 4832. </num> <heading>Instrument obviously void</heading> <content>An instrument, the invalidity of which is apparent upon its face or upon the face of another instrument which is necessary to the use of the former in evidence, is not to be deemed capable of causing injury, within the provisions of section 4831 of this title.</content> </section> <section> <num value="4833">§ 4833. </num> <heading>Cancellation in part</heading> <content>Where an instrument is evidence of different rights or obligations, it may be cancelled in part, and allowed to stand for the residue.</content> </section> <section> <num value="4834">§ 4834. </num> <heading>Lost or destroyed private documents; establishment; issuance of duplicate; security</heading> <content> <p class="indent0 firstIndent1 fontsize10">An action may be maintained by a person interested in a private document or instrument in writing, which has been lost or destroyed, to prove or establish the document or instrument or to compel the issuance, execution, and acknowledgment of a duplicate thereof.</p> <p class="indent0 firstIndent1 fontsize10">If the document or instrument is a negotiable instrument, the court shall compel the owner thereof to give adequate security or an indemnity bond to the person reissuing, reexecuting, or reacknowledging it, with sureties approved by the court, against loss, damage, expense, or other liability which may be suffered by him by reason of the issuance of the duplicate instrument or by the original instrument still remaining outstanding.</p> </content> </section> </article> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Preventive Relief</heading> <section> <num value="4851">§ 4851. </num> <heading>Method of granting preventive relief</heading> <content>Preventive relief is granted by injunction, preliminary or final.</content> </section> </subchapter> </chapter> <chapter> <num value="113">CHAPTER 113—</num><heading>TORTS ARISING FROM SINGLE PUBLICATION</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4891.</designator> <label>One cause of action for single publication; damages.</label></referenceItem> <referenceItem role="section"><designator>4892.</designator> <label>Judgment as bar to other actions.</label></referenceItem> <referenceItem role="section"><designator>4893.</designator> <label>Uniformity of interpretation.</label></referenceItem> <referenceItem role="section"><designator>4894.</designator> <label>Short title.</label></referenceItem> <referenceItem role="section"><designator>4895.</designator> <label>Existing causes of action.</label></referenceItem> </toc> <section> <num value="4891">§ 4891. </num> <heading>One cause of action for single publication; damages</heading> <content>A person may not have more than one cause of action for damages for libel or slander or invasion of privacy or any other tort founded upon any single publication or exhibition or utterance, such as any one edition of a newspaper or book or magazine or any one presentation to an audience or any one broadcast over radio or television or any one exhibition of a motion picture. Recovery in any action shall include all damages for any such tort suffered by the plaintiff in all jurisdictions.</content> </section> <section> <num value="4892">§ 4892. </num> <heading>Judgment as bar to other actions</heading> <content>A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication or exhibition or utterance as described in section 4891 of this title shall bar any other action for damages by the same plaintiff against the same defendant founded upon the same publication or exhibition or utterance.</content> </section> <page identifier="/us/stat/76a/271">271</page> <section> <num value="4893">§ 4893. </num> <heading>Uniformity of interpretation</heading> <content>This chapter shall be so interpreted as to effectuate its purpose to make uniform the law of those states or jurisdictions which enact it.</content> </section> <section> <num value="4894">§ 4894. </num> <heading>Short title</heading> <content>This chapter may be cited as the Uniform Single Publication Act.</content> </section> <section> <num value="4895">§ 4895. </num> <heading>Existing causes of action</heading> <content>This chapter is not retroactive as to causes of action existing on January 2, 1963.</content> </section> </chapter> <chapter> <num value="115">CHAPTER 115—</num><heading>SPECIAL RELATIONS OF DEBTOR AND CREDITOR</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general principles</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4931.</designator> <label>Debtor defined.</label></referenceItem> <referenceItem role="section"><designator>4932.</designator> <label>Creditor defined.</label></referenceItem> <referenceItem role="section"><designator>4933.</designator> <label>Validity of debtor’s contracts.</label></referenceItem> <referenceItem role="section"><designator>4934.</designator> <label>Payments in preference.</label></referenceItem> <referenceItem role="section"><designator>4935.</designator> <label>Relative rights of different creditors; marshaling assets.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">fraudulent instruments and transfers</inline></label></referenceItem> <referenceItem role="section"><designator>4951.</designator> <label>Transfers, etc., with intent to defraud creditors.</label></referenceItem> <referenceItem role="section"><designator>4952.</designator> <label>Transfers and liens without delivery presumed fraudulent.</label></referenceItem> <referenceItem role="section"><designator>4953.</designator> <label>Avoidance only where enforcement of creditor’s right obstructed.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">assignments for benefit of creditors</inline></label></referenceItem> <referenceItem role="section"><designator>4971.</designator> <label>When debtor may execute assignment.</label></referenceItem> <referenceItem role="section"><designator>4972.</designator> <label>Form of assignment.</label></referenceItem> <referenceItem role="section"><designator>4973.</designator> <label>Custody of property; creditors’ meeting; election of assignee.</label></referenceItem> <referenceItem role="section"><designator>4974.</designator> <label>Marshal’s fees.</label></referenceItem> <referenceItem role="section"><designator>4975.</designator> <label>Powers and duties of elected assignee.</label></referenceItem> <referenceItem role="section"><designator>4976.</designator> <label>Insolvency defined.</label></referenceItem> <referenceItem role="section"><designator>4977.</designator> <label>Transfers not affected.</label></referenceItem> <referenceItem role="section"><designator>4978.</designator> <label>Debts which may be provided for.</label></referenceItem> <referenceItem role="section"><designator>4979.</designator> <label>Void assignments.</label></referenceItem> <referenceItem role="section"><designator>4980.</designator> <label>Assignment to be in writing; acknowledgment; recording.</label></referenceItem> <referenceItem role="section"><designator>4981.</designator> <label>Compliance with formalities necessary to validity.</label></referenceItem> <referenceItem role="section"><designator>4982.</designator> <label>Title of assignee; rights of third parties.</label></referenceItem> <referenceItem role="section"><designator>4983.</designator> <label>Inventory.</label></referenceItem> <referenceItem role="section"><designator>4984.</designator> <label>Assignor’s affidavit; assignee’s inventory; examination of assignor; production of papers.</label></referenceItem> <referenceItem role="section"><designator>4985.</designator> <label>Recording assignment and filing inventory.</label></referenceItem> <referenceItem role="section"><designator>4986.</designator> <label>Invalidity for failure to record assignment and file inventory.</label></referenceItem> <referenceItem role="section"><designator>4987.</designator> <label>Marshal’s bond; assignee’s bond; removal of assignee.</label></referenceItem> <referenceItem role="section"><designator>4988.</designator> <label>Assignee’s authority; notice to creditors; dividends; delayed claims; secured creditors.</label></referenceItem> <referenceItem role="section"><designator>4989.</designator> <label>Accounting of assignee.</label></referenceItem> <referenceItem role="section"><designator>4990.</designator> <label>Exempt property.</label></referenceItem> <referenceItem role="section"><designator>4991.</designator> <label>Commissions of assignees.</label></referenceItem> <referenceItem role="section"><designator>4992.</designator> <label>Assignees protected for acts done in good faith.</label></referenceItem> <referenceItem role="section"><designator>4993.</designator> <label>Modification of assignment.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Principles</heading> <section> <num value="4931">§ 4931. </num> <heading>Debtor defined</heading> <content>A debtor, within the meaning of this chapter, is one who, by reason of an existing obligation, is or may become liable to pay money to another, whether the liability is certain or contingent.</content> </section> <section> <num value="4932">§ 4932. </num> <heading>Creditor defined</heading> <content>A creditor, with the meaning of this chapter, is one in whose favor an obligation exists, by reason of which he is, or may become, entitled to the payment of money.</content> </section> <page identifier="/us/stat/76a/272">272</page> <section> <num value="4933">§ 4933. </num> <heading>Validity of debtor’s contracts</heading> <content>In the absence of fraud, every contract of a debtor is valid against all his creditors, existing or subsequent, who have not acquired a lien on the property affected by the contract.</content> </section> <section> <num value="4934">§ 4934. </num> <heading>Payments in preference</heading> <content>A debtor may pay one creditor in preference to another, or may give to one creditor security for the payment of his demand in preference to another.</content> </section> <section> <num value="4935">§ 4935. </num> <heading>Relative rights of different creditors; marshaling assets</heading> <content>Where a creditor is entitled to resort to each of several funds for the satisfaction of his claim, and another person has an interest in, or is entitled as a creditor to resort to some, but not all of them, the latter may require the former to seek satisfaction from those funds to which the latter has no such claim, so far as it can be done without impairing the right of the former to complete satisfaction, and without doing injustice to third persons.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Fraudulent Instruments and Transfers</heading> <section> <num value="4951">§ 4951. </num> <heading>Transfers, etc., with intent to defraud creditors</heading> <content>Every transfer of property or charge thereon made, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands, is void against all creditors of the debtor, and their successors in interest, and against any person upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor.</content> </section> <section> <num value="4952">§ 4952. </num> <heading>Transfers and liens without delivery presumed fraudulent</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Except as provided in subsection (b) of this section, every transfer of personal property and every lien on personal property, made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery followed by an actual and continued change of possession of the things transferred, is conclusively presumed fraudulent and void as against:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>persons who are creditors of the transferor while he remains in possession, and the successors in interest of such creditors;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>persons on whom the transferor’s estate devolves in trust for the benefit of others than the transferor; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>purchasers or encumbrancers in good faith subsequent to the transfer.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>This section does not apply to:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>things in action;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>ships or cargoes at sea or in a foreign port;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>mortgages allowed by law, or contracts of bottomry or respondentia;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a sale, transfer, assignment, or mortgage made under the direction or order of a court of competent jurisdiction, or by an executor, administrator, guardian, receiver, or other officer or person acting in the regular and proper discharge of official duty or in the discharge of any trust imposed upon him by law;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>a transfer or assignment, statutory or otherwise, made for the benefit of creditors generally; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>a sale, transfer, assignment, or mortgage of any property exempt from execution.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/76a/273">273</page> <section> <num value="4953">§ 4953. </num> <heading>Avoidance only where enforcement of creditor’s right obstructed</heading> <content>A creditor can avoid the act or obligation of his debtor for fraud only where the fraud obstructs the enforcement, by legal process, of his right to take the property affected by the transfer or obligation.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Assignments for Benefit of Creditors</heading> <section> <num value="4971">§ 4971. </num> <heading>When debtor may execute assignment</heading> <content>An insolvent debtor may in good faith execute an assignment of property in trust for the satisfaction of his creditors, in conformity with this subchapter; subject, however, to the provisions of this Code relative to trusts and fraudulent transfers, and to the restrictions imposed by law upon assignments by special partnerships, or by other specific classes or persons.</content> </section> <section> <num value="4972">§ 4972. </num> <heading>Form of assignment</heading> <content>The assignment shall contain a list of the names of the creditors of the assignor, and their places of residence and amounts of their respective demands, and the amounts and nature of any security therefor; and shall, subject to the other provisions of this subchapter, be made to the marshal for the Canal Zone.</content> </section> <section> <num value="4973">§ 4973. </num> <heading>Custody of property; creditors’ meeting; election of assignee</heading> <content> <p class="indent0 firstIndent1 fontsize10">The marshal shall forthwith take possession of all the property assigned to him, and keep it till delivered by him, as provided in this subchapter.</p> <p class="indent0 firstIndent1 fontsize10">When the assignment has been made, the marshal shall immediately, by mail, notify the creditors named in the assignment, at their places of residence as given therein, to meet at his office on a day and hour to he appointed by him, not less than 8 or more than 10 days from the date of the delivery of the assignment to him, for the purpose of electing one or more assignees, as they may determine, in the place and stead of the marshal in the premises. He shall also publish a notice of the meeting, and the purpose thereof, at least once before the meeting, in a newspaper of general circulation in the Canal Zone.</p> <p class="indent0 firstIndent1 fontsize10">The notice to be mailed shall also contain a statement of the amount of the demand of the creditor, and the amount and nature of any security therefor, as set forth in the assignment. If a creditor does not find the amount of his claim to be correctly so stated, he may file with the marshal, at or before the meeting, a statement, under oath, of his demand, and his statement shall, for the purpose of voting, be accepted by the marshal as correct. When such a statement is not filed, the statement of amount as set forth in the assignment shall be accepted by the marshal as correct.</p> <p class="indent0 firstIndent1 fontsize10">A creditor having a mortgage or pledge of property of the debtor, or lien thereon, for securing the payment of a debt owing to him from the debtor, may not be allowed to vote any part of his claim at the meeting of creditors, unless he has first conveyed, released, or delivered up his security to the marshal for the benefit of all creditors of the assignor.</p> <p class="indent0 firstIndent1 fontsize10">At the meeting the marshal shall preside, and a majority in amount of demands present or represented by proxy shall control all questions and decisions. The creditors may adjourn the meeting from time to time, and may vote on all questions either in person or by proxy signed and acknowledged before any officer authorized to take acknowledgments, and filed with the marshal.</p> <p class="indent0 firstIndent1 fontsize10">At the meeting, or any adjournment thereof, the creditors may elect one or more assignees from their own number, in the place and <page identifier="/us/stat/76a/274">274</page> stead of the marshal, and the person or persons so elected shall afterwards be the assignee or assignees under the provisions of this subchapter. The marshal, by transfer in writing, acknowledged as required by section 4980 of this title, shall at once assign to the elected assignee or assignees upon the trusts in this subchapter provided, all the property so assigned to him, and deliver possession thereof.</p> <p class="indent0 firstIndent1 fontsize10">All recitals in the assignment by the marshal of notices of the meeting, and the holding thereof, and of the due election of the assignee or assignees, shall be prima facie proof of the facts recited.</p> </content> </section> <section> <num value="4974">§ 4974. </num> <heading>Marshal’s fees</heading> <content>Before the delivery of the assignment, the marshal shall be paid the expenses incurred by him, and fees in such amount as would by law be collectible if the property assigned had been levied upon and safely kept under attachment.</content> </section> <section> <num value="4975">§ 4975. </num> <heading>Powers and duties of elected assignee</heading> <content>After the record of the assignment, as provided by this subchapter, the elected assignee or assignees shall take, and hold, and dispose of all such property and its proceeds, upon the trusts and conditions and for the purposes in this subchapter provided.</content> </section> <section> <num value="4976">§ 4976. </num> <heading>Insolvency defined</heading> <content>A debtor is insolvent, within the meaning of this subchapter, when he is unable to pay his debts from his own means as they become due.</content> </section> <section> <num value="4977">§ 4977. </num> <heading>Transfers not affected</heading> <content>The provisions of this subchapter do not prevent a person residing in a State or country from making there, in good faith, and without. intent to evade the laws of the Canal Zone, a transfer of property situated within it; but such a person can not make a general assignment of property situated in the Canal Zone for the satisfaction of all his creditors, except as in this subchapter provided; nor do the provisions of this subchapter affect the power of a person, although insolvent, and whether residing within or without the Canal Zone, to transfer property in the Canal Zone, in good faith to a particular creditor, or creditors, or to another person in trust for such particular creditor or creditors for the purpose of paying or securing the whole or part of a debt owing to the creditor or creditors, whether in his or their own right or otherwise.</content> </section> <section> <num value="4978">§ 4978. </num> <heading>Debts which may be provided for</heading> <content>An assignment for the benefit of creditors may provide for any subsisting liability of the assignor which he might lawfully pay, whether absolute or contingent.</content> </section> <section> <num value="4979">§ 4979. </num> <heading>Void assignments</heading> <chapeau>An assignment for the benefit of creditors is void against a creditor of the assignor not assenting thereto, if it:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>gives a preference to one debt or class of debts over another;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>tends to coerce any creditor to release or compromise his demand;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>provides for the payment of a claim known to the assignor to be false or fraudulent; or for the payment of more upon any claim than is known to be justly due from the assignor;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>reserves an interest in the assigned property, or in a part thereof, to the assignor, or for his benefit, before all his existing debts are paid;</content> </paragraph> <page identifier="/us/stat/76a/275">275</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>confers upon the assignee a power which, if exercised, might prevent or delay the immediate conversion of the assigned property to the purposes of the trust; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>exempts him from liability for neglect of duty or misconduct.</content> </paragraph> </section> <section> <num value="4980">§ 4980. </num> <heading>Assignment to be in writing; acknowledgment; recording</heading> <content>An assignment for the benefit of creditors must be in writings subscribed by the assignor, or by his agent thereto authorized in writing, and the transfer by the marshal must also be in writing, subscribed by the marshal in his official capacity. Both the assignment and the transfer must be acknowledged, or proved and certified, in the mode prescribed by chapter 27 of this title, and be recorded as required by section 4985 of this title.</content> </section> <section> <num value="4981">§ 4981. </num> <heading>Compliance with formalities necessary to validity</heading> <content>Unless the provisions of section 4980 of this title are complied with, an assignment for the benefit of creditors is void against every creditor of the assignor not assenting thereto.</content> </section> <section> <num value="4982">§ 4982. </num> <heading>Title of assignee; rights of third parties</heading> <content>An assignee for the benefit of creditors is not to be regarded as a purchaser for value, and has no greater rights than his assignor had, in respect to things in action transferred by the assignment.</content> </section> <section> <num value="4983">§ 4983. </num> <heading>Inventory</heading> <chapeau>Within 20 days after an assignment is made for the benefit of creditors, the assignor shall make and file, in the manner prescribed by section 4985 of this title, a full and true inventory, showing:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>all the creditors of the assignor;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the place of residence of each creditor, if known to the assignor, or if not known, that fact must be stated;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the sum owing to each creditor and the nature of each debt or liability, whether arising on written security, account, or otherwise;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the true consideration of the liability in each case, and the place where it arose;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>every existing judgment, mortgage, or other security for the payment of any debt or liability of the assignor;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>all property of the assignor at the date of the assignment, which is exempt by law from execution; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>all property of the assignor at the date of the assignment, of every kind, not so exempt, and the encumbrances existing thereon, and all vouchers and securities relating thereto, and the value of the property according to the best knowledge of the assignor.</content> </paragraph> </section> <section> <num value="4984">§ 4984. </num> <heading>Assignor’s affidavit; assignee’s inventory; examination of assignor; production of papers</heading> <content> <p class="indent0 firstIndent1 fontsize10">An affidavit must be made by every assignor executing an assignment for the benefit of creditors, to be annexed to and filed with the inventory provided for by section 4983 of this title, to the effect that it is in all respects just and true according to the best of the assignor’s knowledge and belief.</p> <p class="indent0 firstIndent1 fontsize10">If the assignor neglects or refuses to make and file the inventory and affidavit within 20 days, the assignment is not, for that reason, effected in any way, but in that event the assignee or assignees elected by the creditors shall within 20 days thereafter make and file in the office of the registrar of property, a verified inventory of all assets received by them; and the assignee or assignees may at any time, or from time to time, after the transfer to them by the mar-<page identifier="/us/stat/76a/276">276</page>shal, by petition to the district court, cause the assignor by order or citation to appear before the court, or a commissioner or referee to be appointed by it, at a time and place designated in the order or citation, to be examined touching the matters mentioned in section 4983, and any other matters relative to the assignment, and to have with him all books of account, vouchers and papers relating to the assigned property; and the court may by its order require the surrender to the assignee or assignees of the books, vouchers, and papers to be by them retained until their trust is fully completed and performed.</p> </content> </section> <section> <num value="4985">§ 4985. </num> <heading>Recording assignment and filing inventory</heading> <content>An assignment for the benefit of creditors must be recorded, and the inventory required by section 4983 of this title filed with the registrar of property.</content> </section> <section> <num value="4986">§ 4986. </num> <heading>Invalidity for failure to record assignment and file inventory</heading> <content>An assignment for the benefit of creditors is void against creditors of the assignor and against purchasers and encumbrancers in good faith and for value unless it is recorded as provided in this subchapter, and unless either the inventory required by section 4083 of this title, or the inventory required of the assignee or assignees by section 4984 of this title is filed in the manner provided in this subchapter and within the time designated.</content> </section> <section> <num value="4987">§ 4987. </num> <heading>Marshal’s bond; assignee’s bond; removal of assignee</heading> <content>A bond need not be given by the marshal, but he is liable on his official bond for the care and custody of the property while in his possession. Within 40 days after date of the transfer by the marshal, the assignee shall enter into a bond in such amount as may be fixed by the district judge, with sufficient sureties to be approved by the judge, and conditioned for the faithful discharge of the trust and the due accounting for all moneys received by the assignee, which bond must be filed in the same office with the inventory; and any assignee failing to comply with the provisions of this section may be removed by the district court on petition of the assignor or any creditor, and his successor appointed by the court.</content> </section> <section> <num value="4988">§ 4988. </num> <heading>Assignee’s authority; notice to creditors; dividends; delayed claims; secured creditors</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Until a verified inventory has been made and filed, either by the assignor or assignee, as required by the provisions of this subchapter, and the assignee has given the bond required by section 4987 of this title, the assignee has no authority to dispose of the property of the estate, or any part of it (except in the case of perishable property, which in his discretion he may dispose of at any time and receive the proceeds of sale thereof); nor has he power to convert the property, or the proceeds of any sale of perishable property, to the purposes of the trust.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Within 10 days after the filing of his bond, the assignee must commence the publication (and the. publication shall continue at least once a week for 4 weeks), in a newspaper of general circulation in the Canal Zone, of a notice to creditors of the assignor, stating the fact and date of the assignment, and requiring all persons having claims against the assignor to exhibit them, with the necessary vouchers, and verified by the oath of the creditor, to the assignee, at his place of residence or business, to be specified in the notice; and he shall also, within 10 days after the first publication of the notice, mail a copy of the notice to each creditor whose name is given in the instrument of assignment, at the address therein given. After <page identifier="/us/stat/76a/277">277</page> the notice is given, a copy thereof, with affidavit of due publication and mailing, must be filed with the registrar of property with whom the inventory has been filed, which affidavit shall be prima facie evidence of the facts stated therein.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>At any time, or from time to time, after the expiration of 30 days from the first publication of the notice, if it has also been mailed as in this section provided, the assignee may declare and pay dividends to the creditors whose claims have been presented and allowed. A dividend already declared is not disturbed by reason of claims being subsequently presented and allowed; but the creditor presenting the claim is entitled to a dividend equal to the percent already declared and paid, before any further dividend is made, if there are assets sufficient for that purpose, and if the failure to present the claim did not result from his own neglect, and he attaches to the claim a statement, under oath, showing fully why it was not before presented.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline"> <p class="inline">When a editor has a mortgage or pledge of property of the debtor, or a lien thereon, for securing the payment of a debt owing to him from the debtor, and has not conveyed, released, or delivered up the security to the marshal, as provided for by section 4973 of this title, he shall be admitted as a creditor only for the balance of the debt after deducting the value of the mortgage, pledge, or lien, to be ascertained by agreement between him and the assignee, or by a sale thereof, to be made in such manner as the district court directs; or the creditor may release or convey his claim to the assignee upon the property, and be admitted to prove his whole debt.</p> <p class="indent0 firstIndent1 fontsize10">If the value of the property exceeds the sum for which it is so held as security, the assignee may release to the creditor the debtor’s right of redemption thereon on receiving the excess; or he may sell the property, subject to the claim of the creditor thereon; and in either case the assignee and creditor, respectively, shall execute all writings necessary or proper to consummate the transaction. If the property is not sold or released, and delivered up, the creditor may not be allowed to prove any part of his debt.</p> </content> </subsection> </section> <section> <num value="4989">§ 4989. </num> <heading>Accounting of assignee</heading> <content>After six months from the date of an assignment for the benefit of creditors, the assignee may be required, on the petition of any creditor, to account before the district court.</content> </section> <section> <num value="4990">§ 4990. </num> <heading>Exempt property</heading> <content>Property exempt from execution, and insurance upon the life of the assignor, do not pass to the assignee by a general assignment for the benefit of creditors unless the instrument specially mentions them and declares an intention that they should pass thereby.</content> </section> <section> <num value="4991">§ 4991. </num> <heading>Commissions of assignees</heading> <content>The elected assignee for the benefit of creditors is entitled to a reasonable commission on a assignments, to be fixed by the court. The assignee is also entitled to all necessary expenses in the management of his trust.</content> </section> <page identifier="/us/stat/76a/278">278</page> <section> <num value="4992">§ 4992. </num> <heading>Assignees protected for acts done in good faith</heading> <content>An assignee for the benefit of creditors is not to be held liable for his acts, done in good faith in the execution of the trust, merely for the reason that the assignment is afterward adjudged void.</content> </section> <section> <num value="4993">§ 4993. </num> <heading>Modification of assignment</heading> <content>An assignment for the benefit of creditors which has been executed and recorded so as to transfer the property to the marshal, or a transfer by the marshal to the elected assignee or assignees which has been executed and recorded, cannot afterwards be modified or canceled by the parties without the consent of the assignor and of every creditor affected thereby.</content> </section> </subchapter> </chapter> <chapter> <num value="117">CHAPTER 117—</num><heading>NUISANCE</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general principles</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>5031.</designator> <label>Nuisance defined.</label></referenceItem> <referenceItem role="section"><designator>5032.</designator> <label>Public nuisance defined.</label></referenceItem> <referenceItem role="section"><designator>5033.</designator> <label>Private nuisance defined.</label></referenceItem> <referenceItem role="section"><designator>5034.</designator> <label>Acts under authority of law.</label></referenceItem> <referenceItem role="section"><designator>5035.</designator> <label>Abatement does not preclude action.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">public nuisances</inline></label></referenceItem> <referenceItem role="section"><designator>5061.</designator> <label>Lapse of time does not legalize.</label></referenceItem> <referenceItem role="section"><designator>5062.</designator> <label>Remedies against public nuisance.</label></referenceItem> <referenceItem role="section"><designator>5063.</designator> <label>Information.</label></referenceItem> <referenceItem role="section"><designator>5064.</designator> <label>Action by private person.</label></referenceItem> <referenceItem role="section"><designator>5065.</designator> <label>Abatement by public body or officer.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">private nuisances</inline></label></referenceItem> <referenceItem role="section"><designator>5091.</designator> <label>Remedies for private nuisance.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Principles</heading> <section> <num value="5031">§ 5031. </num> <heading>Nuisance defined</heading> <chapeau>Anything is a nuisance which:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>is injurious to health; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>is indecent or offensive to the senses; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>is an obstruction to the free use of property—so as to interfere with the comfortable enjoyment of life or property—or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>unlawfully obstructs the free passage or use, in the customary manner, of a navigable lake or river, bay, stream, canal, or basin, or a public park, square, street, or highway.</content> </paragraph> </section> <section> <num value="5032">§ 5032. </num> <heading>Public nuisance defined</heading> <content>A public nuisance is one which affects at the same time an entire community or neighborhood, or a considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.</content> </section> <page identifier="/us/stat/76a/279">279</page> <section> <num value="5033">§ 5033. </num> <heading>Private nuisance defined</heading> <content>Every nuisance not included in the definition in section 5032 of this title is private.</content> </section> <section> <num value="5034">§ 5034. </num> <heading>Acts under authority of law</heading> <content>Nothing which is done or maintained under the express authority of law can be deemed a nuisance.</content> </section> <section> <num value="5035">§ 5035. </num> <heading>Abatement does not preclude action</heading> <content>The abatement of a nuisance does not prejudice the right of a person to recover damages for its past existence.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Public Nuisances</heading> <section> <num value="5061">§ 5061. </num> <heading>Lapse of time does not legalize</heading> <content>The lapse of time can not legalize a public nuisance, amounting to an actual obstruction of public right.</content> </section> <section> <num value="5062">§ 5062. </num> <heading>Remedies against public nuisance</heading> <chapeau>The remedies against a public nuisance are:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>information;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>civil action; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>abatement.</content> </paragraph> </section> <section> <num value="5063">§ 5063. </num> <heading>Information</heading> <content>The remedy by information is regulated by Title 6.</content> </section> <section> <num value="5064">§ 5064. </num> <heading>Action by private person</heading> <content>A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.</content> </section> <section> <num value="5065">§ 5065. </num> <heading>Abatement by public body or officer</heading> <content>A public nuisance may be abated by any public body or officer authorized thereto by law.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Private Nuisances</heading> <section> <num value="5091">§ 5091. </num> <heading>Remedies for private nuisance</heading> <content>The remedy against a private nuisance is a civil action.</content> </section> </subchapter> </chapter> 280 <num value="5">TITLE 5—</num><heading>CIVIL PROCEDURE AND EVIDENCE</heading> <toc> <headingItem> <designator><inline class="smallCaps">Part</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="part"><designator>1.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Civil Procedure Generally</inline></label> <target>1</target></referenceItem> <referenceItem role="part"><designator>2.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Particular Proceedings</inline></label> <target>1501</target></referenceItem> <referenceItem role="part"><designator>3.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Evidence</inline></label> <target>2501</target></referenceItem> </toc> <part> <num class="bold" value="1">PART 1—</num><heading class="bold">CIVIL PROCEDURE GENERALLY</heading> <toc> <headingItem> <designator><inline class="smallCaps">Chapter</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>1.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">General Provisions</inline></label> <target>1</target></referenceItem> <referenceItem role="chapter"><designator>3.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Limitation of Actions</inline></label> <target>41</target></referenceItem> <referenceItem role="chapter"><designator>5.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Parties</inline></label> <target>121</target></referenceItem> <referenceItem role="chapter"><designator>7.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Commencement of Actions; Service of Process</inline></label> <target>161</target></referenceItem> <referenceItem role="chapter"><designator>9.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Pleadings</inline></label> <target>201</target></referenceItem> <referenceItem role="chapter"><designator>11.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Provisional Remedies</inline></label> <target>241</target></referenceItem> <referenceItem role="chapter"><designator>13.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Trial</inline></label> <target>451</target></referenceItem> <referenceItem role="chapter"><designator>15.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Judgment and Execution</inline></label> <target>511</target></referenceItem> <referenceItem role="chapter"><designator>17.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Procedure in Magistrates’ Courts</inline></label> <target>711</target></referenceItem> </toc> <chapter> <num value="1">CHAPTER 1—</num><heading>GENERAL PROVISIONS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1.</designator> <label>Application of Federal Rules of Civil Procedure.</label></referenceItem> <referenceItem role="section"><designator>2.</designator> <label>Admiralty procedure; fees and costs.</label></referenceItem> <referenceItem role="section"><designator>3.</designator> <label>Construction of title.</label></referenceItem> <referenceItem role="section"><designator>4.</designator> <label>Division of judicial remedies.</label></referenceItem> <referenceItem role="section"><designator>5.</designator> <label>Action defined.</label></referenceItem> <referenceItem role="section"><designator>6.</designator> <label>Special proceeding defined.</label></referenceItem> <referenceItem role="section"><designator>7.</designator> <label>Civil and criminal remedies not merged.</label></referenceItem> <referenceItem role="section"><designator>8.</designator> <label>Pending action defined.</label></referenceItem> <referenceItem role="section"><designator>9.</designator> <label>Lost pleadings and papers.</label></referenceItem> </toc> <section> <num value="1">§ 1. </num> <heading>Application of Federal Rules of Civil Procedure</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Except as otherwise provided in this Code, the forms of process writs, pleadings, and motions, and the practice and procedure of the district court in civil actions and proceedings are governed by the then current Federal Rules of Civil Procedure prescribed by the Supreme Court of the United States pursuant to section 2072 of Title 28, United States Code.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Where the Federal Rules of Civil Procedure make applicable the law of the State in which the district court is held, the law of the Canal Zone governs proceedings in the United States District Court for the District of the Canal Zone. The words “state”, “district”, and “insular possession” include, if appropriate, the Canal Zone. The term “district court” includes the United States District Court for the District of the Canal Zone. The term “statute of the United States” includes, as far as concerns proceedings in the United States District Court for the District of the Canal Zone, an Act of Congress locally applicable to and in force in the Canal Zone.</content> </subsection> </section> <section> <num value="2">§ 2. </num> <heading>Admiralty procedure; fees and costs</heading> <content>The practice and procedure in admiralty in the district court, including fees and costs, is the same as in the United States district courts.</content> </section> <section> <num value="3">§ 3. </num> <heading>Construction of title</heading> <content>The rule of the common law, that statutes in derogation thereof are to be strictly construed, does not apply to this title. This title establishes the law of the Canal Zone respecting the subjects to which it relates, and its provisions and all proceedings under it shall be liberally construed for the purpose of effecting its objects and promoting justice.</content> </section> <page identifier="/us/stat/76a/281">281</page> <section> <num value="4">§ 4. </num> <heading>Division of judicial remedies</heading> <content>Judicial remedies are divided into (1) actions and (2) special proceedings.</content> </section> <section> <num value="5">§ 5. </num> <heading>Action defined</heading> <content>An action is an ordinary remedy in a court of justice by which one party prosecutes another for the declaration enforcement, or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.</content> </section> <section> <num value="6">§ 6. </num> <heading>Special proceeding defined</heading> <content>Every remedy other than an action as defined by section 5 of this title is a special proceeding.</content> </section> <section> <num value="7">§ 7. </num> <heading>Civil and criminal remedies not merged</heading> <content>When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other.</content> </section> <section> <num value="8">§ 8. </num> <heading>Pending action defined</heading> <content>An action is pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied.</content> </section> <section> <num value="9">§ 9. </num> <heading>Lost pleadings and papers</heading> <content>If an original pleading or paper is lost, the court may authorize a copy thereof to be filed and used instead of the original.</content> </section> </chapter> <chapter> <num value="3">CHAPTER 3—</num><heading>LIMITATION OF ACTIONS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">limitation generally</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>41.</designator> <label>Limitation of civil actions generally; special proceedings.</label></referenceItem> <referenceItem role="section"><designator>42.</designator> <label>Periods of limitation.</label></referenceItem> <referenceItem role="section"><designator>43.</designator> <label>Actions not otherwise provided for.</label></referenceItem> <referenceItem role="section"><designator>44.</designator> <label>Actions on accounts.</label></referenceItem> <referenceItem role="section"><designator>45.</designator> <label>No limitation; action to recover bank deposits; effect of insolvency.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">computation of time; tolling of statute of limitations</inline></label></referenceItem> <referenceItem role="section"><designator>71.</designator> <label>Commencement of action.</label></referenceItem> <referenceItem role="section"><designator>72.</designator> <label>Absence from Canal Zone.</label></referenceItem> <referenceItem role="section"><designator>73.</designator> <label>Persons under disabilities.</label></referenceItem> <referenceItem role="section"><designator>74.</designator> <label>Death before expiration of limitation period.</label></referenceItem> <referenceItem role="section"><designator>75.</designator> <label>Alien enemies in time of war.</label></referenceItem> <referenceItem role="section"><designator>75.</designator> <label>New action after reversal of judgment.</label></referenceItem> <referenceItem role="section"><designator>77.</designator> <label>Commencement stayed by injunction or statute.</label></referenceItem> <referenceItem role="section"><designator>78.</designator> <label>Time of existence of disability.</label></referenceItem> <referenceItem role="section"><designator>79.</designator> <label>Two or more disabilities.</label></referenceItem> <referenceItem role="section"><designator>80.</designator> <label>Acknowledgment or promise; payment on account.</label></referenceItem> <referenceItem role="section"><designator>81.</designator> <label>Limitation laws of other jurisdictions.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Limitation Generally</heading> <section> <num value="41">§ 41. </num> <heading>Limitation of civil actions generally; special proceedings</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Civil actions are barred unless commenced within the periods prescribed in this chapter, after the cause of action has accrued, except where a different limitation is prescribed by statute.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>As used in this chapter, “action” includes, when necessary, a special proceeding of a civil nature.</content> </subsection> </section> <section> <num value="42">§ 42. </num> <heading>Periods of limitation</heading> <chapeau>The periods for the commencement of actions are:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>Five years</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>upon a judgment or decree of a court of the United States or of a State of the United States;</content> </subparagraph> <page identifier="/us/stat/76a/282">282</page> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>for mesne profits of real property.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>Four years</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>upon a contract, obligation, or liability founded upon an instrument in writing;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau>subject to the provisions of section 44 of this title, to recover:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>upon a book account whether consisting of one or more entries;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>upon an account stated based upon an account in writing, although the acknowledgment of the account stated need not be in writing;</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>a balance due upon a mutual, open, and current account, the items of which are in writing.</content> </clause> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>Three years</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>upon a liability created by statute, other than a penalty or forfeiture;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>for trespass upon or injury to real property;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>for taking, detaining, or injuring goods or chattels, including actions for the specific recovery of personal property;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>for relief on the ground of fraud or mistake in which case the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau>Two years</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>upon a contract, obligation, or liability not founded upon an instrument in writing; other than that mentioned in paragraph (2)(B) of this section;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>founded upon a contract, obligation, or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title insurance, in which case the cause of action does not accrue until the discovery of the loss or damage suffered by the aggrieved party thereunder;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>against a marshal coroner, or constable upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty including the nonpayment of money collected upon an execution; except an action for an escape as provided by paragraph (5)(D) of this section.</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <chapeau>One year</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>upon a statute for a penalty or forfeiture, when the action is given to an individual, or to an individual and the Government, except when the statute imposing it prescribes a different limitation;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>upon a statute, or upon an undertaking in a criminal action for a forfeiture or penalty to the Government of the Canal Zone;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>for libel, slander, assault, battery, false imprisonment, seduction, or for injury to or for the death of one caused by the wrongful act or neglect of another, or by a depositor against a bank for the payment of a forged or raised check, or a check that bears a false or unauthorized indorsement;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>against the marshal or other officer for the escape of a prisoner arrested or imprisoned on civil process.</content> </subparagraph> </paragraph> </section> <section> <num value="43">§ 43. </num> <heading>Actions not otherwise provided for</heading> <content>An action for relief not otherwise provided for is barred unless commenced within four years after the cause of action has accrued.</content> </section> <page identifier="/us/stat/76a/283">283</page> <section> <num value="44">§ 44. </num> <heading>Actions on accounts</heading> <chapeau>For the purposes of section 42 of this title:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>“Book account” means a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or a fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by the creditor or fiduciary, and is kept in a reasonably permanent form and manner and is (A) in a bound book, or (B) on a sheet or sheets fastened in a book or to backing but detachable therefrom, or (C) on a card or cards of a permanent character, or is kept in any other reasonably permanent form and manner.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Where an account stated is based upon an account of one item, the cause of action accrues from the date of said item, and where an account stated is based upon an account of more than one item, the cause of action accrues from the date of the last item.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action accrues from the time of the last item proved in the account on either side.</content> </paragraph> </section> <section> <num value="45">§ 45. </num> <heading>No limitation; action to recover bank deposits; effect of insolvency</heading> <content> <p class="indent0 firstIndent1 fontsize10">There is no limitation to actions brought to recover money or other property deposited with a bank, banker, trust company, building and loan association, or savings and loan society.</p> <p class="indent0 firstIndent1 fontsize10">This section does not apply to banks, bankers, trust companies, building and loan associations, and savings and loan societies which have become insolvent and are in process of liquidation and in such cases the statute of limitations shall be deemed to have commenced to run from the beginning of the process of liquidation. This section does not relieve a stockholder of a banking corporation or trust company from the stockholder’s liability provided by law.</p> </content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Computation of Time; Tolling of Statute of Limitations</heading> <section> <num value="71">§ 71. </num> <heading>Commencement of action</heading> <content>An action is commenced, within the meaning of this chapter, when the complaint is filed.</content> </section> <section> <num value="72">§ 72. </num> <heading>Absence from Canal Zone</heading> <content>If, when the cause of action accrues against a person, he is absent from the Canal Zone, the term herein limited does not begin to run until his return to the Canal Zone. If, after the cause of action accrues against a person, he departs from the Canal Zone, the time of his absence is not part of the time limited for the commencement of the action.</content> </section> <section> <num value="73">§ 73. </num> <heading>Persons under disabilities</heading> <chapeau>If a person entitled to bring an action is at the time the cause of action accrues:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>under the age of majority; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>mentally incompetent; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than for life; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a married woman, and her husband is a necessary party with her in commencing the action—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">the time of the disability is not a part of the time limited for the commencement of the action.</continuation> </section> <page identifier="/us/stat/76a/284">284</page> <section> <num value="74">§ 74. </num> <heading>Death before expiration of limitation period</heading> <content> <p class="indent0 firstIndent1 fontsize10">If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his representatives, after the expiration of that time, and within six months from his death.</p> <p class="indent0 firstIndent1 fontsize10">If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his representatives, after the expiration of that time, and within one year after the issuing of letters testamentary or of administration.</p> </content> </section> <section> <num value="75">§ 75. </num> <heading>Alien enemies in time of war</heading> <content>If a person is an alien subject or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of an action.</content> </section> <section> <num value="76">§ 76. </num> <heading>New action after reversal of judgment</heading> <content>If an action is commenced within the time prescribed therefor, and a judgment therein for the plaintiff is reversed on appeal, the plaintiff, or, if he dies and the cause of action survives, his representatives, may commence a new action within one year after the reversal.</content> </section> <section> <num value="77">§ 77. </num> <heading>Commencement stayed by injunction or statute</heading> <content>When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.</content> </section> <section> <num value="78">§ 78. </num> <heading>Time of existence of disability</heading> <content>A person may not avail himself of a disability unless it existed at the time his right of action accrued.</content> </section> <section> <num value="79">§ 79. </num> <heading>Two or more disabilities</heading> <content>When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed.</content> </section> <section> <num value="80">§ 80. </num> <heading>Acknowledgment or promise; payment on account</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>An acknowledgment or promise is not sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this chapter, unless it is contained in a writing, signed by the party to be charged thereby.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Notwithstanding subsection (a) of this section, a payment on account of principal or interest due on a promissory note made by the party to be charged is a sufficient acknowledgment or promise of a continuing contract to stops from time to time as the payment is made, the running of the time within which an action may be commenced upon the principal sum or upon an installment of principal or interest due on the note, and to start the running of a new period of time, but such a payment of itself does not revive a cause of action once barred.</content> </subsection> </section> <section> <num value="81">§ 81. </num> <heading>Limitation laws of other jurisdictions</heading> <content>When a cause of action has arisen in a State of the United States, or in a foreign country, and by the laws thereof an action thereon may not there be maintained against a person by reason of the lapse of time, an action thereon may not be maintained against him in the Canal Zone, except in favor of one who has been a resident of the Zone, and who has held the cause of action from the time it accrued.</content> </section> </subchapter> </chapter> <page identifier="/us/stat/76a/285">285</page> <chapter> <num value="5">CHAPTER 5—</num><heading>PARTIES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>121.</designator> <label>Assignment of thing in action not to prejudice defense.</label></referenceItem> <referenceItem role="section"><designator>122.</designator> <label>Married woman as party.</label></referenceItem> <referenceItem role="section"><designator>123.</designator> <label>Defense by married woman.</label></referenceItem> <referenceItem role="section"><designator>124.</designator> <label>Seduction; action by unmarried female.</label></referenceItem> <referenceItem role="section"><designator>125.</designator> <label>Same; action by parents.</label></referenceItem> <referenceItem role="section"><designator>126.</designator> <label>Actions for wrongful death.</label></referenceItem> <referenceItem role="section"><designator>127.</designator> <label>Substitution of parties.</label></referenceItem> <referenceItem role="section"><designator>128.</designator> <label>Actions by or against associates under common mime; service; judgment.</label></referenceItem> <referenceItem role="section"><designator>129.</designator> <label>Suing party by fictitious name.</label></referenceItem> <referenceItem role="section"><designator>130.</designator> <label>Interpleader.</label></referenceItem> </toc> <section> <num value="121">§ 121. </num> <heading>Assignment of thing in action not to prejudice defense</heading> <content>In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any setoff or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before maturity.</content> </section> <section> <num value="122">§ 122. </num> <heading>Married woman as party</heading> <content>A married woman may be sued without her husband’s being joined as a party, and may sue without her husband’s being joined as a party in all actions, including those for injury to her person, libel, slander, false imprisonment, or malicious prosecution, or for the recovery of her earnings.</content> </section> <section> <num value="123">§ 123. </num> <heading>Defense by married woman</heading> <content>If a husband and wife are sued together, the wife may defend for her own right, and if the husband neglects to defend, she may defend for his right also.</content> </section> <section> <num value="124">§ 124. </num> <heading>Seduction; action by unmarried female</heading> <content>An unmarried female may maintain, as plaintiff, an action for her own seduction occurring at a time when she was below the age of 21 years or when she was incapable of giving legal consent through temporary or permanent unsoundness of mind, and may recover therein such damages, pecuniary or exemplary, as are assessed in her favor.</content> </section> <section> <num value="125">§ 125. </num> <heading>Same; action by parents</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>An action for the seduction of an unmarried female occurring at a time when she was below the age of 21 years or when she was incapable of giving legal consent through temporary or permanent unsoundness of mind may be maintained by:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the parent entitled to the services and earnings of the female; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if both parents are equally entitled to the services and earnings, the father, or upon his failure to act, the mother; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the female is illegitimate, the mother.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In an action brought pursuant to this section every element of damages to either parent may be recovered. The action may be maintained even though the child is not living with or in the service of the plaintiff at the time of the seduction or afterwards, and there is no loss of service.</content> </subsection> </section> <section> <num value="126">§ 126. </num> <heading>Actions for wrongful death</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whenever, by an injury done or happening within the Canal Zone, the death of a person is caused by the wrongful act, neglect, or default of a person or corporation, and the act, neglect or default is such as will, if death does not ensue, entitle the person injured, or if the person injured is a married woman, entitle her or her husband, <page identifier="/us/stat/76a/286">286</page> either individually or jointly, to maintain an action and recover damages, the person who or corporation which is liable if death does not ensue is liable to an action for damages, notwithstanding the death of the person injured, and even though the death is caused under circumstances which constitute a felony.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>An action pursuant to this section shall be brought by and in the name of the personal representatives and within one year after the death of the deceased person. This section does not preclude assignment under section 26 of the Federal Employees’ Compensation Act (5 U.S.C., sec. 776), by beneficiaries under that Act or their legal representatives, of causes of action created by this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>An action may not be maintained pursuant to this section if the person suffering injury and death, or any person for him, has recovered damages on account of the injury.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>In an action pursuant to this section the court or jury shall award such damages as it deems to be a fair and just compensation assessed with reference to the pecuniary injury, resulting from the death, to the surviving spouse and the children of the deceased, and if there is neither a surviving spouse nor child, then to the parents of the deceased, and if there is no parent, then to the brothers and sisters and other blood relatives dependent upon the deceased for support.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>Damages recovered in an action pursuant to this section shall be for the exclusive benefit of the surviving spouse and other persons enumerated by subsection (d) of this section, and shall be distributed to them, in the order named in that subsection, according to the laws in force in the Canal Zone applicable to the distribution of estates.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>This section does not authorize a suit against the United States nor modify or repeal any other law.</content> </subsection> </section> <section> <num value="127">§ 127. </num> <heading>Substitution of parties</heading> <content>An action or proceeding does not abate by the death or disability of a party, or by the transfer of an interest therein, if the cause of action survives or continues. The substitution of parties is governed by Rule 25 of the Federal Rules of Civil Procedure, including the time limitations specified in that rule.</content> </section> <section> <num value="128">§ 128. </num> <heading>Actions by or against associates under common name; service; judgment</heading> <content>When two or more persons, associated in a business, transact the business under a common name, whether it comprises their names or note the associates may sue or be sued by the common name. In actions against the associates, the summons may be served on one or more of the associates; and the judgment binds the joint property of all the associates, and the individual property of the party or parties served with process, in the same manner as if all had been named defendants and had been sued upon their joint liability.</content> </section> <section> <num value="129">§ 129. </num> <heading>Suing party by fictitious name</heading> <content>When the plaintiff is ignorant of the name of a defendant, he shall state that fact in the complaint, and the defendant may be designated in a pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly.</content> </section> <section> <num value="130">§ 130. </num> <heading>Interpleader</heading> <content>If a plaintiff or defendant makes a claim for interpleader pursuant to Rule 22 of the Federal Rules of Civil Procedure and deposits with the court the money or thing which is the subject of the claim as provided by Rule 67 of the Federal Rules of Civil Procedure, the court may make an order discharging him from liability to any of the conflicting claimants.</content> </section> </chapter> <page identifier="/us/stat/76a/287">287</page> <chapter> <num value="7">CHAPTER 7—</num><heading>COMMENCEMENT OF ACTIONS; SERVICE OF PROCESS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>161.</designator> <label>Service on infant or incompetent person.</label></referenceItem> <referenceItem role="section"><designator>162.</designator> <label>Service by publication; actions in which authorized.</label></referenceItem> <referenceItem role="section"><designator>163.</designator> <label>Same; manner of publication; service outside Canal Zone.</label></referenceItem> <referenceItem role="section"><designator>164.</designator> <label>Same; personal judgment.</label></referenceItem> <referenceItem role="section"><designator>165.</designator> <label>Same; default judgment.</label></referenceItem> <referenceItem role="section"><designator>166.</designator> <label>Relief from judgment; defendant not personally served.</label></referenceItem> <referenceItem role="section"><designator>167.</designator> <label>Proof of service.</label></referenceItem> <referenceItem role="section"><designator>168.</designator> <label>When jurisdiction acquired; voluntary appearance.</label></referenceItem> <referenceItem role="section"><designator>169.</designator> <label>Failure to serve all defendants.</label></referenceItem> <referenceItem role="section"><designator>170.</designator> <label>Service on nonresident motorists and absent motorists.</label></referenceItem> </toc> <section> <num value="161">§ 161. </num> <heading>Service on infant or incompetent person</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Service upon an infant is made by delivering a copy of the summons and of the complaint, to him personally; and if he is under the age of 14 years and resides within the Canal Zone also to his father, mother, or guardian, or if there is none within the Canal Zone then to any person having the care or control of the infant, or with whom he resides, or in whose service he is employed.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Service upon an incompetent person is made by delivering a copy of the summons and of the complaint to him personally; and if he resides within the Canal Zone and has been judicially declared to be incapable of conducting his own affairs and a guardian has been appointed for him, also to his guardian.</content> </subsection> </section> <section> <num value="162">§ 162. </num> <heading>Service by publication; actions in which authorized</heading> <chapeau>The court may order that service be made by the publication of the summons when:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>it appears by affidavit to the satisfaction of the court that the person on whom service is to he made:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>resides out of the Canal Zone; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>has departed from the Zone; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>after due diligence cannot be found within the Zone; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="D">(D) </num> <content>conceals himself to avoid the service of summons; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="E">(E) </num> <content>is a corporation having no officer or other person upon whom summons may be served who, after due diligence, can be found within the Zone; and</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>it also appears by affidavit, or by the verified complaint on file, that:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>a cause of action exists against the defendant upon whom service is to be made, or that he is a necessary or proper party to the action; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>it is an action which relates to or the subject of which is real or personal property in the Zone, in which the defendant person or corporation has or claims a lien or interest, actual or contingent, or in which the relief demanded consists wholly or in part in excluding the person or corporation from any interest therein.</content> </subparagraph> </paragraph> </section> <section> <num value="163">§ 163. </num> <heading>Same; manner of publication; service outside Canal Zone</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The court by its order for publication shall prescribe the form of the summons to be published, which shall include a brief statement of the relief demanded.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The court shall direct the publication to be made in such newspaper or newspapers designated by the court as is or are most likely to give notice to the person to be served, and for such length of time as may be deemed reasonable, at least once a week for three consecutive weeks. The last publication against a defendant residing out of the Canal Zone, or absent therefrom, may not be less than 40 days before the day on which the defendant is required to appear.</content> </subsection> <page identifier="/us/stat/76a/288">288</page> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>In case of publication, if the residence of the nonresident or absent defendant is known, the court shall direct a copy of the summons and complaint to be forthwith deposited by the clerk in the post office, directed to the person to be served, at his place of residence. If the residence of the defendant is unknown, it shall be directed to his last known place of residence with the request to forward if not called for in five days.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Upon application of the plaintiff in a case where service by publication may be ordered, the court shall authorize personal service upon the defendant outside the Canal Zone by delivery to him in person of a true copy of the summons and the complaint, by any person not a party to or otherwise interested in the subject matter in controversy. That service has only the effect of service of summons by publication. Return on that service shall be made under oath, with a notation of the time and place of service.</content> </subsection> </section> <section> <num value="164">§ 164. </num> <heading>Same; personal judgment</heading> <content>Except as provided by a statute of the United States other than sections 162 and 163 of this title, if jurisdiction is acquired over a person who is outside the Canal Zone by publication of summons or by service outside the Canal Zone, the court may render a personal judgment against him only if he was personally served with a copy of the summons and complaint, and was a resident of the Canal Zone (1) at the time of the commencement of the action, or (2) at the time that the cause of action arose, or (3) at the time of service.</content> </section> <section> <num value="165">§ 165. </num> <heading>Same; default judgment</heading> <content>If the defendant fails to answer the complaint in an action where the service of the summons was by publication or where the summons was served outside the Canal Zone, the plaintiff, upon the expiration of the time for answering, may, upon roof of the publication or service, and that no answer has been file apply for judgment. The court shall thereupon require proof to be made of the allegations of the complaint; and require the plaintiff, or his agent, to be examined, on oath, respecting any payments that have been made to the plaintiff, or to anyone for his use, on account of any demand mentioned in the complaint, and may render judgment for the amount which he is entitled to recover. In actions involving merely the possession of real property where the complaint is verified and shows by proper allegations that no party to the action claims title to the real property involved, either by accession, transfer, will, or succession but only the possession thereof, the court may render judgment upon proof of occupancy by plaintiff and ouster by defendant.</content> </section> <section> <num value="166">§ 166. </num> <heading>Relief from judgment; defendant not personally served</heading> <content>If the summons in an action has not been personally served on the defendant, the court, on such terms as may be just, may allow the defendant or his legal representative, at any time within one year after the rendition of any judgment in the action, to answer to the merits of the original action.</content> </section> <section> <num value="167">§ 167. </num> <heading>Proof of service</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Proof of the service of summons and complaint is as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if served by the marshal or deputy, his certificate thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if by any other person, his affidavit thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in case of publication, the certificate of the clerk of the court to which a copy of the publication shall be attached; and a certificate of the clerk showing the deposit of a copy of the summons and complaint in the post office, if the same has been deposited; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the written admission of the defendant.</content> </paragraph> </subsection> <page identifier="/us/stat/76a/289">289</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In case of service otherwise than by publication, the certificate or affidavit shall state the time and place of service.</content> </subsection> </section> <section> <num value="168">§ 168. </num> <heading>When jurisdiction acquired; voluntary appearance</heading> <content> <p class="indent0 firstIndent1 fontsize10">From the time of the service of a copy of the summons and of the complaint in a civil action, where service of a copy of the complaint is required, or of the completion of the publication when service by publication is ordered, the court has jurisdiction of the parties and control of all the subsequent proceedings.</p> <p class="indent0 firstIndent1 fontsize10">The voluntary appearance of a defendant is equivalent to personal service of a copy of the summons and of the complaint upon him.</p> </content> </section> <section> <num value="169">§ 169. </num> <heading>Failure to serve all defendants</heading> <content>If the action is against two or more defendants jointly or severally liable on a contract, and the summons is served on one or more but not on all of them, the plaintiff may proceed against the defendants served in the same manner as if they were the only defendants.</content> </section> <section> <num value="170">§ 170. </num> <heading>Service on nonresident motorists and absent motorists</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>The use or operation in the Canal Zone of a motor vehicle:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by a nonresident; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in the business of a nonresident; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>owned by a nonresident if so used or operated with his permission, express or implied—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">is equivalent to an appointment by the nonresident of the executive secretary of the Canal Zone Government to be his true and lawful attorney upon whom may be served the summons in an action against him, growing out of an accident or collision in which the nonresident may be involved while using or operating the motor vehicle in the Canal Zone, or in which the motor vehicle may be involved while being used or operated in the Canal Zone in the business of the nonresident or with the permission, express or implied, of the nonresident owner. That use or operation shall be a signification of the nonresident’s agreement that the summons against him which is served in the manner provided in this section shall be of the same legal force and validity as if served on him personally within the Canal Zone, and that the appointment of the executive secretary shall be irrevocable and binding on his executor or administrator.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the nonresident dies prior to the commencement of an action brought pursuant to this section, service of process shall be made on his executor or administrator in the same manner and on the same notice as is provided in the case of the nonresident himself. If an action has been duly commenced under this section by service upon a nonresident who dies thereafter, the court shall allow the action to be continued against his executor or administrator upon motion with such notice as the court deems proper.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Service of the process shall be made by delivering a copy of the summons and complaint with a fee of $2 for each nonresident to be served to the executive secretary of the Canal Zone Government and such service shall be a sufficient service on the nonresident subject to compliance with subsection (d) or (e) of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>A notice of the service on the executive secretary of the Canal Zone Government and a copy of the summons and complaint shall be forthwith sent by or on behalf of the plaintiff to the defendant by registered or certified mail with return receipt requested. The plaintiff shall file with the court the original summons, an affidavit of compliance with this section, and either a return receipt purporting to be signed by the defendant or a person qualified to receive his registered or certified mail, in accordance with postal rules and customs: or, if acceptance was refused by the defendant or his agent, the original envelope bearing a notation by the postal authorities that <page identifier="/us/stat/76a/290">290</page> receipt was refused, and an affidavit by or on behalf of the plaintiff that notice of the mailing or refusal was forthwith sent to the defendant by ordinary mail. If notice of service is mailed to a foreign country, other official proof of delivery of the mail may be filed in case the postal authorities are unable to obtain a return receipt. The foregoing papers shall be filed within 30 days after the return receipt, other official proof of delivery, or original envelope bearing a notation of refusal is received by the plaintiff. Service of process is complete 10 days after such papers are filed. The return receipt or other official proof of delivery shall constitute presumptive evidence that the notice mailed was received by the defendant or a person qualified to receive his registered or certified mail; and the notation of refusal shall constitute presumptive evidence that the refusal was by the defendant or his agent.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>In lieu of the mailing required by subsection (d) of this section, a notice of service on the executive secretary of the Canal Zone Government and a copy of the summons and complaint may be served on the defendant personally outside the Canal Zone. The service may be made by a resident of the Canal Zone not interested in the action, by a duly constituted public officer qualified to serve like process in the place where the service is made, by an attorney at law duly qualified to practice in the state or country where the service is made, or by a United States marshal or his deputy. Proof of personal service outside the Canal Zone shall be filed with the court within 30 days after the service, and service of process is complete 10 days after proof thereof is filed.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>The court may order necessary continuances to afford the defendant reasonable opportunity to defend the action.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>The executive secretary shall keep a record of all process served upon him under this section and the record shall show the day and hour of service.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <content>This section also applies to a resident who departs from the Canal Zone subsequent to the accident or collision and remains absent therefrom for 30 days continuously, whether the absence is intended to be temporary or permanent, and to his executor or administrator.</content> </subsection> </section> </chapter> <chapter> <num value="9">CHAPTER 9—</num><heading>PLEADINGS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>201.</designator> <label>Statute of limitations, how pleaded.</label></referenceItem> <referenceItem role="section"><designator>202.</designator> <label>Counterclaim not barred by death or assignment.</label></referenceItem> <referenceItem role="section"><designator>203.</designator> <label>Libel and slander; complaint.</label></referenceItem> <referenceItem role="section"><designator>204.</designator> <label>Same; answer.</label></referenceItem> </toc> <section> <num value="201">§ 201. </num> <heading>Statute of limitations, how pleaded</heading> <content>In pleading the statute of limitations it is not necessary to state the facts showing the defense, but it may be stated generally that the cause of action is barred by the provisions of section—[giving the number of the section and subdivision thereof, if it is so divided, relied upon] of the title. If the allegation is controverted, the party pleading must establish, on the trial, the facts showing that the cause of action is so barred.</content> </section> <section> <num value="202">§ 202. </num> <heading>Counterclaim not barred by death or assignment</heading> <content>When cross demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other.</content> </section> <page identifier="/us/stat/76a/291">291</page> <section> <num value="203">§ 203. </num> <heading>Libel and slander; complaint</heading> <content>In an action for libel or slander it is not necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose; but it is sufficient to state, generally, that it was published or spoken concerning the plaintiff. If the allegation is controverted, the plaintiff must establish on the trial that it was so published or spoken.</content> </section> <section> <num value="204">§ 204. </num> <heading>Same; answer</heading> <content>In the actions specified by section 203 of this title the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances to reduce the amount of damages; and whether he proves the justification or not, he may give in evidence the mitigating circumstances.</content> </section> </chapter> <chapter> <num value="11">CHAPTER 11—</num><heading>PROVISIONAL REMEDIES</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">civil arrest and bail</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>241.</designator> <label>Restriction on civil arrest.</label></referenceItem> <referenceItem role="section"><designator>242.</designator> <label>Grounds for arrest.</label></referenceItem> <referenceItem role="section"><designator>243.</designator> <label>Affidavit to obtain order.</label></referenceItem> <referenceItem role="section"><designator>244.</designator> <label>Security by plaintiff.</label></referenceItem> <referenceItem role="section"><designator>245.</designator> <label>Time order made; form.</label></referenceItem> <referenceItem role="section"><designator>248.</designator> <label>Delivery of order and affidavit to marshal and defendant.</label></referenceItem> <referenceItem role="section"><designator>247.</designator> <label>Arrest and custody of defendant.</label></referenceItem> <referenceItem role="section"><designator>248.</designator> <label>Discharge on bail or deposit.</label></referenceItem> <referenceItem role="section"><designator>249.</designator> <label>Giving of bail.</label></referenceItem> <referenceItem role="section"><designator>250.</designator> <label>Surrender of defendant.</label></referenceItem> <referenceItem role="section"><designator>251.</designator> <label>Arrest by bail; exoneration and liability of bail.</label></referenceItem> <referenceItem role="section"><designator>252.</designator> <label>Enforcement of liability of bail.</label></referenceItem> <referenceItem role="section"><designator>253.</designator> <label>Exoneration of bail.</label></referenceItem> <referenceItem role="section"><designator>254.</designator> <label>Return of marshal; filing of undertaking; acceptance or rejection of bail.</label></referenceItem> <referenceItem role="section"><designator>255.</designator> <label>Notice of justification of bail; new undertaking.</label></referenceItem> <referenceItem role="section"><designator>258.</designator> <label>Qualifications of bail.</label></referenceItem> <referenceItem role="section"><designator>257.</designator> <label>Justification of bail.</label></referenceItem> <referenceItem role="section"><designator>258.</designator> <label>Allowance of bail; exoneration of marshal.</label></referenceItem> <referenceItem role="section"><designator>259.</designator> <label>Cash deposit in lieu of bail.</label></referenceItem> <referenceItem role="section"><designator>260.</designator> <label>Payment of deposit into court.</label></referenceItem> <referenceItem role="section"><designator>261.</designator> <label>Substitution of bail for deposit.</label></referenceItem> <referenceItem role="section"><designator>262.</designator> <label>Disposition of deposit.</label></referenceItem> <referenceItem role="section"><designator>283.</designator> <label>Liability of marshal as bail.</label></referenceItem> <referenceItem role="section"><designator>264.</designator> <label>Proceedings on judgment against marshal.</label></referenceItem> <referenceItem role="section"><designator>265.</designator> <label>Vacation of order of arrest; reduction of bail.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">claim and delivery of person property</inline></label></referenceItem> <referenceItem role="section"><designator>291.</designator> <label>Claim for delivery.</label></referenceItem> <referenceItem role="section"><designator>292.</designator> <label>Affidavit; contents.</label></referenceItem> <referenceItem role="section"><designator>293.</designator> <label>Requisition to marshal to take property.</label></referenceItem> <referenceItem role="section"><designator>294.</designator> <label>Undertaking by plaintiff; taking of property; service on defendant.</label></referenceItem> <referenceItem role="section"><designator>295.</designator> <label>Exception to plaintiff’s sureties; justification.</label></referenceItem> <referenceItem role="section"><designator>296.</designator> <label>Undertaking by defendant for return of property.</label></referenceItem> <referenceItem role="section"><designator>297.</designator> <label>Exception to defendant’s sureties; justification.</label></referenceItem> <referenceItem role="section"><designator>298.</designator> <label>Qualifications of sureties.</label></referenceItem> <referenceItem role="section"><designator>299.</designator> <label>Property concealed in building or inclosure.</label></referenceItem> <referenceItem role="section"><designator>300.</designator> <label>Keeping and delivery of property; fees and expenses.</label></referenceItem> <referenceItem role="section"><designator>301.</designator> <label>Claims by third persons.</label></referenceItem> <referenceItem role="section"><designator>302.</designator> <label>Filing and return by marshal.</label></referenceItem> <referenceItem role="section"><designator>303.</designator> <label>Order protecting plaintiff in possession.</label></referenceItem> <referenceItem role="section"><designator>304.</designator> <label>Affidavit stating incorrect value; judgment against officer or sureties.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">injunctions</inline></label></referenceItem> <referenceItem role="section"><designator>321.</designator> <label>Injunction defined; grant and enforcement.</label></referenceItem> <referenceItem role="section"><designator>322.</designator> <label>Grounds for grant or denial of injunction.</label></referenceItem> <page identifier="/us/stat/76a/292">292</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">attachment</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>341.</designator> <label>Actions in which authorized.</label></referenceItem> <referenceItem role="section"><designator>342.</designator> <label>Affidavit for attachment.</label></referenceItem> <referenceItem role="section"><designator>343.</designator> <label>Undertaking on attachment; exceptions to sureties.</label></referenceItem> <referenceItem role="section"><designator>344.</designator> <label>Direction and command of writ; more than one defendant.</label></referenceItem> <referenceItem role="section"><designator>345.</designator> <label>Property subject to attachment; sale to satisfy judgment.</label></referenceItem> <referenceItem role="section"><designator>346.</designator> <label>Method of attaching real and personal property; garnishment.</label></referenceItem> <referenceItem role="section"><designator>347.</designator> <label>Attachment lien on real property.</label></referenceItem> <referenceItem role="section"><designator>348.</designator> <label>Garnishment; notice to garnishee.</label></referenceItem> <referenceItem role="section"><designator>349.</designator> <label>Same; liability of garnishee.</label></referenceItem> <referenceItem role="section"><designator>350.</designator> <label>Same; examination of garnishee and defendant; order for delivery or memorandum of property.</label></referenceItem> <referenceItem role="section"><designator>351.</designator> <label>Marshal’s return; inventory; memorandum of garnishee.</label></referenceItem> <referenceItem role="section"><designator>352.</designator> <label>Perishable property; custody of other property; collection of debts and credits.</label></referenceItem> <referenceItem role="section"><designator>353.</designator> <label>Sale of attached property.</label></referenceItem> <referenceItem role="section"><designator>354.</designator> <label>Claims by third persons.</label></referenceItem> <referenceItem role="section"><designator>355.</designator> <label>Satisfaction of judgment.</label></referenceItem> <referenceItem role="section"><designator>356.</designator> <label>Collection of balance due; return of surplus.</label></referenceItem> <referenceItem role="section"><designator>357.</designator> <label>Plaintiff’s remedies if execution is unsatisfied.</label></referenceItem> <referenceItem role="section"><designator>358.</designator> <label>Judgment for defendant; discharge of attachment</label></referenceItem> <referenceItem role="section"><designator>359.</designator> <label>Discharge of attachment on defendant’s undertaking.</label></referenceItem> <referenceItem role="section"><designator>360.</designator> <label>Requirements for defendant’s undertaking.</label></referenceItem> <referenceItem role="section"><designator>361.</designator> <label>Discharge of attachment irregularly issued.</label></referenceItem> <referenceItem role="section"><designator>362.</designator> <label>Return of writ; filing order releasing attachment.</label></referenceItem> <referenceItem role="section"><designator>363.</designator> <label>Release of real property from attachment.</label></referenceItem> <referenceItem role="section"><designator>364.</designator> <label>Attachment of interest in decedent’s estate.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">receivers</inline></label></referenceItem> <referenceItem role="section"><designator>381.</designator> <label>Appointment of receivers generally.</label></referenceItem> <referenceItem role="section"><designator>382.</designator> <label>Appointment of receivers upon dissolution of corporations.</label></referenceItem> <referenceItem role="section"><designator>383.</designator> <label>Qualifications of receivers; undertaking on ex parte appointment.</label></referenceItem> <referenceItem role="section"><designator>384.</designator> <label>Oath and undertaking of receiver.</label></referenceItem> <referenceItem role="section"><designator>385.</designator> <label>Powers of receivers.</label></referenceItem> <referenceItem role="section"><designator>386.</designator> <label>Investment of funds.</label></referenceItem> <referenceItem role="section"><designator>337.</designator> <label>Unclaimed funds in receiver’s bands.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vi</inline>—</designator><label><inline class="smallCaps">deposits in court; handling of funds by clerk</inline></label></referenceItem> <referenceItem role="section"><designator>411.</designator> <label>Order for deposit of money or property or delivery to another party.</label></referenceItem> <referenceItem role="section"><designator>412.</designator> <label>Enforcement of order.</label></referenceItem> <referenceItem role="section"><designator>413.</designator> <label>Money deposited in registry of court</label></referenceItem> <referenceItem role="section"><designator>414.</designator> <label>Deposit of sums over $200 in depositary; disbursements; records.</label></referenceItem> <referenceItem role="section"><designator>415.</designator> <label>Maintenance of general deposit account; interest; commission; deposit of funds.</label></referenceItem> <referenceItem role="section"><designator>416.</designator> <label>Designation of depositaries.</label></referenceItem> <referenceItem role="section"><designator>417.</designator> <label>Deputy clerks and acting clerks.</label></referenceItem> <referenceItem role="section"><designator>418.</designator> <label>Disposition of unclaimed funds by clerk.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Civil Arrest and Bail</heading> <section> <num value="241">§ 241. </num> <heading>Restriction on civil arrest</heading> <content>A person may not be arrested in a civil action, except us prescribed in this Code.</content> </section> <section> <num value="242">§ 242. </num> <heading>Grounds for arrest</heading> <chapeau>The defendant may be arrested:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the Canal Zone with intent to defraud his creditors;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity; or for misconduct or neglect in office, or in a professional employment, or for a willful violation of duty;</content> </paragraph> <page identifier="/us/stat/76a/293">293</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in an action to recover the possession of personal property unjustly detained, when the property, or a part thereof, has been concealed, removed, or disposed of, to prevent its being found or taken by the marshal;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>when the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or in concealing or disposing of the property for the taking, detention, or conversion, of which the action is brought; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>when the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors.</content> </paragraph> </section> <section> <num value="243">§ 243. </num> <heading>Affidavit to obtain order</heading> <content>An order for the arrest of the defendant may be made when it appears to the court, by the affidavit of the plaintiff, or other person, that a sufficient cause of action exists, and that the case is one of those specified by section 242 of this title. The affidavit shall be either upon personal knowledge or upon information and belief; and when upon information and belief, it shall state the facts upon which the information and belief are founded. If an order of arrest is made, the affidavit shall be filed with the clerk of the court.</content> </section> <section> <num value="244">§ 244. </num> <heading>Security by plaintiff</heading> <content>Before making an order of arrest, the court shall require a written undertaking on the part of the plaintiff, with sureties in an amount to be fixed by the court, which must be at least $500, to the effect that the plaintiff will pay all costs which may be adjudged to the defendant, and all damages which he may sustain by reason of the arrest, if the arrest is wrongful or without sufficient cause, not exceeding the sum specified in the undertaking. The undertaking shall be filed with the clerk of the court.</content> </section> <section> <num value="245">§ 245. </num> <heading>Time order made; form</heading> <content> <p class="indent0 firstIndent1 fontsize10">An order of arrest may be made at the time of the issuing of the summons, or at any time afterwards before judgment.</p> <p class="indent0 firstIndent1 fontsize10">The order shall require the marshal forthwith to arrest the defendant and hold him to bail in a specified sum, and to return the order at a time therein mentioned, to the clerk of the court.</p> </content> </section> <section> <num value="246">§ 246. </num> <heading>Delivery of order and affidavit to marshal and defendant</heading> <content>The order of arrest, with a copy of affidavit upon which it is made, shall be delivered to the marshal, who, upon arresting the defendant, shall deliver to him a copy of the affidavit, and also, if desired, a copy of the order of arrest.</content> </section> <section> <num value="247">§ 247. </num> <heading>Arrest and custody of defendant</heading> <content>The marshal shall execute the order of arrest by arresting the defendant and keeping him in custody until discharged by law.</content> </section> <section> <num value="248">§ 248. </num> <heading>Discharge on bail or deposit</heading> <content>The defendant, at any time before execution, shall be discharged from the arrest, either upon giving bail or upon depositing the amount mentioned in the order of arrest.</content> </section> <section> <num value="249">§ 249. </num> <heading>Giving of bail</heading> <content>The defendant may give bail by causing a written undertaking to be executed by two or more sufficient sureties, to the effect that they are bound in the amount mentioned in the order of arrest that the defendant will at all times render himself amenable to the process of the court, during the pendency of the action, and to such as may be issued to enforce the judgment therein, or that they will pay to the plaintiff the amount of any judgment which may be recovered in the action.</content> </section> <page identifier="/us/stat/76a/294">294</page> <section> <num value="250">§ 250. </num> <heading>Surrender of defendant</heading> <content>At any time before judgment, or within 10 days thereafter, the bail may surrender the defendant in their exoneration; or he may surrender himself to the marshal.</content> </section> <section> <num value="251">§ 251. </num> <heading>Arrest by bail; exoneration and liability of bail</heading> <content> <p class="indent0 firstIndent1 fontsize10">For the purpose of surrendering the defendant, the bail, at any time or place before they are finally charged, may themselves arrest him, or, by a written authority indorsed on a certified copy of the undertaking, may empower the marshal to do so.</p> <p class="indent0 firstIndent1 fontsize10">Upon the arrest of defendant by the marshal, or upon his delivery to the marshal by the bail, or upon his own surrender, the bail are exonerated, if the arrest, delivery, or surrender takes place before the expiration of 10 days after judgment; but if the arrest, delivery, or surrender is not made within 10 days after judgment, the bail are finally charged on their undertaking, and bound to pay the amount of the judgment within 10 days thereafter.</p> </content> </section> <section> <num value="252">§ 252. </num> <heading>Enforcement of liability of bail</heading> <content>If the bail neglect or refuse to pay the judgment within 10 days after they are finally charged, the court may, on motion made as provided by section 438 of Title 3, enter judgment against the bail for the amount of the original judgment.</content> </section> <section> <num value="253">§ 253. </num> <heading>Exoneration of bail</heading> <content>The bail are exonerated by the death of the defendant or his imprisonment in jail or in the penitentiary, or by his legal discharge from the obligation to render himself amenable to the process.</content> </section> <section> <num value="254">§ 254. </num> <heading>Return of marshal; filing of undertaking; acceptance or rejection of bail</heading> <content>Within the time limited for that purpose, the marshal shall file the order of arrest in the office of the clerk of the court in which the action is pending, with his return indorsed thereon, together with a copy of the undertaking of the bail. He shall retain in his possession the original undertaking until filed, as herein provided. If the plaintiff, within 10 days thereafter, does not serve upon the marshal a notice that he does not accept the bail, he is deemed to have accepted them, and the marshal is exonerated from liability. If a notice is not served within 10 days, the original undertaking shall be filed with the clerk of the court.</content> </section> <section> <num value="255">§ 255. </num> <heading>Notice of justification of bail; new undertaking</heading> <content>Within five days after the receipt of notice, the marshal or defendant may give to the plaintiff or his attorney notice of the justification of the same, or other bail, specifying the places of residence and occupations of the latter, before the judge or clerk of the court, at a specified time and place; the time to be not less than five nor more than 10 days thereafter, except by consent of the parties. If other bail is given, there must be a new undertaking.</content> </section> <section> <num value="256">§ 256. </num> <heading>Qualifications of bail</heading> <chapeau>The qualifications of bail are as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>each must be a resident of the Canal Zone; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>each must be worth the amount specified in the order of arrest, or the amount to which the order is reduced, as provided in this subchapter, over and above all his debts and liabilities, exclusive of property exempt from execution; but the judge or clerk, on justification, may allow more than two sureties to justify severally, in amounts less than that expressed in the order, if the whole justification is equivalent to that of two sufficient bail.</content> </paragraph> </section> <page identifier="/us/stat/76a/295">295</page> <section> <num value="257">§ 257. </num> <heading>Justification of bail</heading> <content>For the purpose of justification each of the bail must attend before the judge or clerk, at the time and place mentioned in the notice, and may be examined on oath on the part of the plaintiff, touching his sufficiency, in such manner as the judge or clerk may think proper. The examination shall be reduced to writing, and subscribed by the bail, if required by the plaintiff.</content> </section> <section> <num value="258">§ 258. </num> <heading>Allowance of bail; exoneration of marshal</heading> <content>If the judge or clerk finds the bail sufficient, he shall annex the examination to the undertaking, indorse his allowance thereon, and cause them to be filed, and the marshal is thereupon exonerated from liability.</content> </section> <section> <num value="259">§ 259. </num> <heading>Cash deposit in lieu of bail</heading> <content>Instead of giving bail the defendant may, at the time of his arrest, deposit with the marshal the amount mentioned in the order. If the amount of the bail is reduced as provided in this subchapter, the defendant may deposit the reduced amount instead of giving bail. In either case the marshal shall give the defendant a certificate of the deposit made, and the defendant shall be discharged from custody.</content> </section> <section> <num value="260">§ 260. </num> <heading>Payment of deposit into court</heading> <content>Immediately after the deposit, the marshal shall pay it into court, and take from the clerk receiving it two certificates of the payment, one of which he shall deliver to the plaintiff’s attorney, and the other to the defendant. For any default in making the payment, the same proceedings may be had on the official bond of the marshal, to collect the sum deposited, as in other cases of delinquency.</content> </section> <section> <num value="261">§ 261. </num> <heading>Substitution of bail for deposit</heading> <content>If money is deposited, as provided by sections 259 and 260 of this title, bail may be given and may justify upon notice, at any time before judgment; and on the filing of the undertaking and justification with the clerk, the money deposited shall be refunded to the defendant.</content> </section> <section> <num value="262">§ 262. </num> <heading>Disposition of deposit</heading> <content>If money has been deposited and remains on deposit at the time of the recovery of a judgment in favor of the plaintiff, the clerk shall under the direction of the court, apply it in satisfaction thereof; and after satisfying the judgment, refund the surplus, if any, to the defendant. If the judgment is in favor of the defendant, the clerk shall, under like direction of the court, refund to him the whole sum deposited and remaining unapplied.</content> </section> <section> <num value="263">§ 263. </num> <heading>Liability of marshal as bail</heading> <content>If, after being arrested, the defendant escapes or is rescued, the marshal is liable as bail; but he may discharge himself from the liability by the giving of bail at any time before judgment.</content> </section> <section> <num value="264">§ 264. </num> <heading>Proceedings on judgment against marshal</heading> <content>If a judgment is recovered against the marshal upon his liability as bail, and an execution thereon is returned unsatisfied in whole or in part, the same proceedings may be had on his official bond, for the recovery of the whole or any deficiency, as in other cases of delinquency.</content> </section> <section> <num value="265">§ 265. </num> <heading>Vacation of order of arrest; reduction of bail</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A defendant arrested may, at any time before the trial of the action, or if there is no trial, before the entry of judgment, apply to the court, upon reasonable notice, to vacate the order of arrest or to reduce the amount of bail. If the application is made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may <page identifier="/us/stat/76a/296">296</page> oppose it by affidavits or other proofs, in addition to those on which the order of arrest was made.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If, upon the application, it appears that there was not sufficient cause for the arrest, the order shall be vacated; or if it appears that the bail was fixed too high, the amount shall be reduced.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Claim and Delivery of Personal Property</heading> <section> <num value="291">§ 291. </num> <heading>Claim for delivery</heading> <content>The plaintiff in an action to recover the possession of personal property may, at the time of issuing the summons, or at any time before answer, claim the delivery of the property to him as provided in this subchapter.</content> </section> <section> <num value="292">§ 292. </num> <heading>Affidavit; contents</heading> <chapeau>If a delivery is claimed an affidavit shall be made by the plaintiff, or by someone in his behalf, showing:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>that the plaintiff is the owner of the property claimed, particularly describing it, or is entitled to the possession thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that the property is wrongfully detained by the defendant;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the alleged cause of the detention thereof, according to his best knowledge, information, and belief;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>that it has not been taken for a tax, assessment, or fine, pursuant to a statute; or seized, under an execution or an attachment against the property of the plaintiff; or, if so seized, that it is by statute exempt from such a seizure; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the actual value of the property.</content> </paragraph> </section> <section> <num value="293">§ 293. </num> <heading>Requisition to marshal to take property</heading> <content>The plaintiff or his attorney may, thereupon, by an indorsement in writing upon the affidavit, require the marshal to take the property from the defendant.</content> </section> <section> <num value="294">§ 294. </num> <heading>Undertaking by plaintiff; taking of property; service on defendant</heading> <content>Upon a receipt of the affidavit and notice, with a written undertaking, executed by two or more sufficient sureties, approved by the marshal, to the effect that they are bound to the defendant in double the value of the property as stated in the affidavit for the prosecution of the action, for the return of the property to the defendants, if return thereof is adjudged, and for the payment to him of such sum as may from any cause be recovered against the plaintiff, the marshal shall forthwith take the property described in the affidavit, if it is in the possession of the defendant or his agent, and retain it in his custody. He shall, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking, by delivering them to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with a person of suitable age and discretion, or, if neither has any known place of abode, by putting them in the nearest post office, directed to the defendant.</content> </section> <section> <num value="295">§ 295. </num> <heading>Exception to plaintiff’s sureties; justification</heading> <content> <p class="indent0 firstIndent1 fontsize10">The defendant may, within two days after the service of a copy of the affidavit and undertaking, give notice to the marshal that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them.</p> <p class="indent0 firstIndent1 fontsize10">When the defendant excepts, the sureties shall justify on notice in like manner as upon bail on arrest. The marshal is responsible for the sufficiency of the sureties until the objection to them is either waived or until they justify. If the defendant excepts to the sureties, <page identifier="/us/stat/76a/297">297</page> he may not reclaim the property as provided by section 296 of this title.</p> </content> </section> <section> <num value="296">§ 296. </num> <heading>Undertaking by defendant for return of property</heading> <content>At any time before the delivery of the property to the plaintiff, the defendant may, if he does not except to the sureties of the plaintiff, require the return thereof, upon giving to the marshal a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if the delivery is adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant. If a return of the property is not so required within five days after the taking and service of notice to the defendant, it shall be delivered to the plaintiff, except as provided by section 301 of this title.</content> </section> <section> <num value="297">§ 297. </num> <heading>Exception to defendant’s sureties; justification</heading> <content> <p class="indent0 firstIndent1 fontsize10">The plaintiff may, within two days after service upon him of a copy of the undertaking given to the marshal pursuant to section 296 of this title, give notice to the marshal that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them.</p> <p class="indent0 firstIndent1 fontsize10">If the plaintiff excepts, the defendant’s sureties, upon notice to the plaintiff of not less than two nor more than five days, shall justify before the judge or clerk of the court, in the same manner as upon bail on arrest; and upon the justification the marshal shall deliver the property to the defendant. The marshal is responsible for the defendant’s sureties until they justify, or until the justification is completed or waived, and may retain the property until that time. If they, or others in their place, fail to justify at the time and place appointed, he shall deliver the property to the plaintiff.</p> </content> </section> <section> <num value="298">§ 298. </num> <heading>Qualifications of sureties</heading> <content>The qualifications of sureties shall be such as are prescribed by this title, in respect to bail upon an order of arrest.</content> </section> <section> <num value="299">§ 299. </num> <heading>Property concealed in building or inclosure</heading> <content>If the property, or any part thereof, is concealed in a building or inclosure, the marshal shall publicly demand its delivery. If it is not delivered, he shall cause the building or inclosure to be broken open, and take the property into his possession.</content> </section> <section> <num value="300">§ 300. </num> <heading>Keeping and delivery of property; fees and expenses</heading> <content>When the marshal has taken property as provided by this subchapter, he shall keep it in a secure place, and deliver it to the party entitled thereto, upon receiving his fees for taking and his necessary expenses for keeping the same.</content> </section> <section> <num value="301">§ 301. </num> <heading>Claims by third persons</heading> <content>If the property taken is claimed by a person other than the defendant or his agent, the provisions applicable in cases of third party claims after levy under execution apply.</content> </section> <section> <num value="302">§ 302. </num> <heading>Filing and return by marshal</heading> <content>The marshal shall file the notice, undertaking, and affidavit, with his proceedings thereon, with the clerk of the court, within 20 days after taking the property mentioned therein.</content> </section> <section> <num value="303">§ 303. </num> <heading>Order protecting plaintiff in possession</heading> <content>After the property has been delivered to the plaintiff as provided in this subchapter, the court shall, by appropriate order, protect the plaintiff in possession of the property until the final determination of the action.</content> </section> <page identifier="/us/stat/76a/298">298</page> <section> <num value="304">§ 304. </num> <heading>Affidavit stating incorrect value; judgment against officer or sureties</heading> <content>When, in an action to recover the possession of personal property, the person making an affidavit did not truly state the value of the property, and the officer taking the property or the sureties on a bond or undertaking are sued for taking it, the officer or sureties may in their answer set up the true value of the property, and that the person in whose behalf the affidavit was made was entitled to the possession of the property when the affidavit was made, or that the value in the affidavit stated was inserted by mistake, the court shall disregard the value as stated in the affidavit, and give judgment according to the right of possession of the property at the time the affidavit, was made.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Injunctions</heading> <section> <num value="321">§ 321. </num> <heading>Injunction defined; grant and enforcement</heading> <content>An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the district court, or the judge thereof, in any action brought in that court; and when granted by the judge, it may be enforced as an order of the court.</content> </section> <section> <num value="322">§ 322. </num> <heading>Grounds for grant or denial of injunction</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>An injunction may be granted when:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>it appears by the complaint or affidavits that the commission or continuance of an act during the litigation would produce waste, or great or irreparable injury, to a party to the action;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, an act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>pecuniary compensation would not afford adequate relief;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the restraint is necessary to prevent a multiplicity of judicial proceedings; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the obligation arises from a trust.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>An injunction may not be granted to:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless the restraint is necessary to prevent a multiplicity of proceedings;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>prevent the execution of a public statute by officers of the law for the public benefit;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>prevent the breach of a contract, the performance of which would not be specifically enforced; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>prevent the exercise of a public or private office, in a lawful manner, by the person in possession.</content> </paragraph> </subsection> </section> </subchapter> <page identifier="/us/stat/76a/299">299</page> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Attachment</heading> <section> <num value="341">§ 341. </num> <heading>Actions in which authorized</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>The plaintiff, at the time of issuing the summons or at any time afterward, may have the property of the defendant attached, as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay the judgment, as provided in this subchapter, in the following cases:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in an action upon a contract, express or implied, for the direct payment of money, where the contract is made or is payable in the Canal Zone, and is not secured by a mortgage or lien upon real or personal property, or a pledge of personal property, or, if originally so secured, the security has, without any act of the plaintiff or the person to whom the security was given, become valueless;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in an action upon a contract, express or implied, against a defendant not residing in the Canal Zone, or who can not after due diligence be found within the Canal Zone, or who conceals himself to avoid service of summons; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in an action against a defendant not residing in the Canal Zone, or who has departed from the Canal Zone, or who can not after due diligence be found within the Canal Zone, or who conceals himself to avoid service of summons, to recover a sum of money as damages, arising from an injury to person or property in the Canal Zone, in consequence of negligence, fraud, or other wrongful act.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>An action upon any liability, existing under the laws of the Canal Zone, of a spouse, relative or kindred, for the support, maintenance, care or necessaries furnished to the other spouse, or other relatives or kindred, is deemed to be an action upon an implied contract within the term as used throughout all paragraphs of subsection (a) of this section.</content> </subsection> </section> <section> <num value="342">§ 342. </num> <heading>Affidavit for attachment</heading> <chapeau>The clerk of the court shall issue the writ of attachment upon receiving an affidavit by or on behalf of the plaintiff showing:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the facts specified by section 341 of this title which entitle him to the writ;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the amount of the indebtedness claimed, over and above all legal setoffs or counterclaims, or the amount claimed as damages; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that the attachment is not sought, and the action is not prosecuted, to hinder, delay, or defraud any creditor of the defendant.</content> </paragraph> </section> <section> <num value="343">§ 343. </num> <heading>Undertaking on attachment; exceptions to sureties</heading> <content> <p class="indent0 firstIndent1 fontsize10">Before issuing a writ of attachment, the clerk shall require a written undertaking on the part of the plaintiff, in a sum not less than $200 and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, and that if the attachment is discharged on the ground that the plaintiff was not entitled thereto pursuant to section 341 of this title, the plaintiff will pay all damages which the defendant may have sustained by reason of the attachment, not exceeding the sum specified in the undertaking.</p> <p class="indent0 firstIndent1 fontsize10">At any time after the issuing of the attachment, but not later than five days after actual notice of the levy thereof, the defendant may ex-<page identifier="/us/stat/76a/300">300</page>cept to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When excepted to, the plaintiff’s sureties, upon notice to the defendant of not less than two or more than five days, shall justify before the judge or clerk of the court in the same manner as upon bail on arrest; and upon failure to justify, or if others in their place fail to justify, at the time and place appointed, the judge or clerk shall issue an order vacating the writ of attachment.</p> </content> </section> <section> <num value="344">§ 344. </num> <heading>Direction and command of writ; more than one defendant</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The writ of attachment shall be directed to the marshal, and require him to attach and safely keep all the property of the defendant within the Canal Zone not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff’s demand against the defendant, the amount of which shall be stated in conformity with the complaint, unless the defendant gives him security by the undertaking of at least two sufficient sureties in an amount sufficient to satisfy the demand against the defendant, besides costs, or in an amount equal to the value of the property of the defendant which has been or is about to be attached; in which case to take such undertaking.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the action is against more than one defendant, any defendant whose property has been or is about to be attached in the action may give the marshal the undertaking, and the marshal shall take the same, and the undertaking shall not subject the defendant to or be answerable for any demand against any other defendant, nor shall the marshal thereby be prevented from attaching or be obliged to release from attachment, any property of any other defendant. The defendant, at the time of giving the undertaking to the marshal, shall file with the marshal a verified statement wherein the defendant shall aver and declare that the other defendant or defendants in the action in which the undertaking was given has or have nut any interest or claim of any nature whatsoever in or to the property. The statement shall further contain the character of the defendant’s title and the manner in which he acquired title to the attached property. Before the attachment is released, the undertaking required by this section must be approved by the judge or, in the absence or disability of the judge, by the clerk of the court.</content> </subsection> </section> <section> <num value="345">§ 345. </num> <heading>Property subject to attachment; sale to satisfy judgment</heading> <content>The rights or shares which the defendant may have in the stock of a corporation or company, together with the interest and profit thereon, and all debts due the defendant, and all other property in the Canal Zone of the defendant not exempt from execution, may be attached, and if judgment be recovered, be sold to satisfy the judgment and execution.</content> </section> <section> <num value="346">§ 346. </num> <heading>Method of attaching real and personal property; garnishment</heading> <chapeau>The marshal to whom the writ of attachment is directed and delivered shall execute it without delay, and if the undertaking specified by section 344 of this title is not given, as follows:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Real property shall be attached by filing with the registrar of property a copy of the writ, together with a description of the property attached, and a notice that it is attached; and by leaving a similar copy of the writ, description, and notice with an occupant of the property, if there is one; if not, then by posting it in a conspicuous place on the property attached.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Real property, or an interest therein, belonging to the defendant, and held by any other person, shall be attached, by filing with the registrar of property a copy of the writ, together with a description of the property, and a notice that the real property, and any <page identifier="/us/stat/76a/301">301</page> interest of the defendant therein, held by or standing in the name of the other person [naming him], are attached; and by leaving with the occupant, if any, and with the other person, or his agent, if known and within the Canal Zone, or at the residence of either, if within the Canal Zone, a copy of the writ, with a similar description and notice. If there is no occupant of the property a copy of the writ, together with the description and notice, shall be posted in a conspicuous place upon the property. The registrar shall index the attachment when filed, in the names both of the defendant and of the person by whom the property is held.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Personal property, capable of manual delivery, shall be attached by taking it into custody.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Stocks or shares, or interest in stocks or shares, of any corporation or company, shall be attached by leaving with the president, or other head of the same, or the secretary, cashier, or other managing agent thereof, a copy of the writ, and a notice stating that the stock or interest of the defendant is attached, in pursuance of the writ.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Debts and credits and other personal property, not capable of manual delivery, shall be attached by leaving with the person owing the debts, or having in his possession, or under his control, the credits and other personal property, or with his agent a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits and other personal property in his possession, or under his control, belonging to the defendant, are attached in pursuance of the writ. In the case of attachment of growing crops, a copy of the writ, together with a description of the property attached, and a notice that it is attached, shall be recorded the same as in the attachment of real property.</content> </paragraph> </section> <section> <num value="347">§ 347. </num> <heading>Attachment lien on real property</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The lien of the attachment on real property attaches and becomes effective upon the filing of a copy of the writ, together with a description of the property attached and a notice that it is attached, with the registrar of property. If the marshal does not complete the execution of the writ in the manner prescribed by section 346 of this title within 15 days next following the filing in the registrar’s office the lien shall cease.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The attachment shall be a lien upon all real property attached for a period of three years after the date of levy unless sooner released or discharged as provided by this subchapter, by dismissal of the action or by entry and docketing of judgment in the action. At the expiration of three years the lien shall cease and any proceeding or proceedings against the property under the attachment shall be barred. Upon motion of a party to the action, made not less than five nor more than 80 days before the expiration of the period of three years, the court in which the action is pending may extend the time of the lien for a period not exceeding two years from the date on which the original lien would expire, and the lien shall be extended for the period specified in the order upon the filing, before the expiration of the existing lien, of a certified copy of the order with the registrar of property. The lien may be extended from time to time in the manner herein prescribed.</content> </subsection> </section> <section> <num value="348">§ 348. </num> <heading>Garnishment; notice to garnishee</heading> <content>Upon receiving information in writing from the plaintiff or his attorney, that a person has in his possession, or under his control, credits or other personal property belonging to the defendant, or owes a debt to the defendant, the marshal shall serve upon the person a copy of the writ, and a notice that the credits, or other property or debts, as the case may be, are attached in pursuance of the writ.</content> </section> <page identifier="/us/stat/76a/302">302</page> <section> <num value="349">§ 349. </num> <heading>Same; liability of garnishee</heading> <content>Persons having in their possession, or under their control, credits or other personal property belonging to the defendant, or owing debts to the defendant at the time of service upon them of a copy of the writ and notice, as provided by sections 346 and 348 of this title, unless the property is delivered up or transferred, or the debts are paid to the marshal, are liable to the plaintiff for the amount of the credits, property or debts, until the attachment is discharged, or any judgment recovered by him is satisfied.</content> </section> <section> <num value="350">§ 350. </num> <heading>Same; examination of garnishee and defendant; order for delivery or memorandum of property</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Persons owing debts to the defendant, or having in their possession or under their control, credits or other personal property belonging to the defendant, may be required to attend before the court, or in case of the absence or disability of the judge before the clerk of the court, and be examined on oath respecting the same. The defendant may also be required to attend for the purpose of giving information respecting his property, and may be examined on oath.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In lieu of, or in addition to, examination before the court, the plaintiff may examine any person referred to in subsection (a) of this section, including the defendant, in the manner provided by the Federal Rules of Civil Procedure for taking depositions.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>After the examination, the court may order personal property, capable of manual delivery, to be delivered to the marshal on such terms as may be just, having reference to any liens thereon or claims against it, and a memorandum to be given of all other personal property, containing the amount and description thereof.</content> </subsection> </section> <section> <num value="351">§ 351. </num> <heading>Marshal’s return; inventory; memorandum of garnishee</heading> <content>The marshal shall make a full inventory of the property attached, and return it with the writ. To enable him to make a return as to debts and credits attached, he shall request, at the time of service, the party owing the debt or having the credit to give him a memorandum, stating the amount and description of each; and if the memorandum is refused, he shall return the fact of refusal with the writ. The party refusing to give the memorandum may be required to pay the costs of any proceedings taken for the purpose of obtaining information respecting the amounts and description of the debt or credit.</content> </section> <section> <num value="352">§ 352. </num> <heading>Perishable property; custody of other property; collection of debts and credits</heading> <content>If any of the property attached is perishable, the marshal shall sell it in the manner in which such property is sold on execution. The proceeds, and other property attached by him, shall be retained by him to answer any judgment that may be recovered in the action, unless sooner subjected to execution upon another judgment recovered previous to the issuing of the attachment. Debts and credits attached may be collected by him, if it can be done without suit. The marshal’s receipt is a sufficient discharge for the amount paid.</content> </section> <section> <num value="353">§ 353. </num> <heading>Sale of attached property</heading> <content>If property is taken by an officer under a writ of attachment, and it is made to appear satisfactorily to the court that the interest of the parties to the action will be subserved by a sale thereof, the court may order the property to be sold in the same manner as property is sold under an execution, and the proceeds to be deposited in the court to abide the judgment in the action. The order may be made only upon notice to the adverse party or his attorney, if the party has been personally served with a summons in the action.</content> </section> <page identifier="/us/stat/76a/303">303</page> <section> <num value="354">§ 354. </num> <heading>Claims by third persons</heading> <content>If a third person claims any attached personal property as his property, the provisions applicable in cases of third party claims after levy under execution apply.</content> </section> <section> <num value="355">§ 355. </num> <heading>Satisfaction of judgment</heading> <chapeau>If judgment is recovered by the plaintiff, the marshal shall satisfy it out of the property attached by him which has not been delivered to the defendant or a claimant, or subjected to execution on another judgment recovered previous to the issuing of the attachment, if it is sufficient for that purpose:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by paying to the plaintiff the proceeds of nil sales of perishable property sold by him, or of any debts or credits collected by him, or so much as are necessary to satisfy the judgment; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if a balance remains due, and an execution has been issued on the judgment, he shall sell under the execution so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remains in his hands. Notices of the sales shall be given, and the sales conducted as in other cases of sales on execution.</content> </paragraph> </section> <section> <num value="356">§ 356. </num> <heading>Collection of balance due; return of surplus</heading> <content>If after selling all the property attached by him remaining in his hands, and applying the proceeds, together with the proceeds of any debts or credits collected by him, deducting his fees, to the payment of the judgment, any balance remains due, the marshal must proceed to collect the balance, as upon an execution in other cases. If the judgment has been paid, the marshal, upon reasonable demand, shall deliver over to the defendant the attached property remaining in his hands, and any proceeds of the property attached unapplied on the judgment.</content> </section> <section> <num value="357">§ 357. </num> <heading>Plaintiff’s remedies if execution is unsatisfied</heading> <content>If the execution is returned unsatisfied, in whole or in part, the plaintiff may enforce any undertaking given pursuant to sections 844 or 360 of this title, or he may proceed, as in other cases, upon the return of an execution.</content> </section> <section> <num value="358">§ 358. </num> <heading>Judgment for defendant; discharge of attachment</heading> <content>If a defendant recovers judgment against the plaintiff and no appeal is perfected and undertaking executed, any undertaking received in the action, all the proceeds of sales and money collected by the marshal, and all the property attached, remaining in the marshal’s hands, shall be delivered to the defendant or his agent, the order of attachment be discharged, and the property released therefrom.</content> </section> <section> <num value="359">§ 359. </num> <heading>Discharge of attachment on defendant’s undertaking</heading> <content>If a defendant has appeared in the action he may, upon reasonable notice to the plaintiff, apply to the district court for an order to discharge the attachment wholly or in part; and upon the execution of the undertaking specified by section 300 of this title, an order may be made releasing from the operation of the attachment, any or all of the property of the defendant attached; and all the property so released and all the proceeds of the sales thereof, shall be delivered to the defendant upon the justification of the sureties on the undertaking, if required by the plaintiff. The justification must take place within five days after the notice of the filing of the undertaking.</content> </section> <section> <num value="360">§ 360. </num> <heading>Requirements for defendant’s undertaking</heading> <content>Before making an order prescribed by section 359 of this title, the court shall require an undertaking on behalf of the defendant, by at <page identifier="/us/stat/76a/304">304</page> least two sureties, to the effect that in case the plaintiff recovers judgment in the action against the defendant, by whom or in whose behalf the undertaking is given, the defendant will, on demand redeliver the attached property so released to the proper officer, to be applied to the payment of any judgment in the action against the defendant, or in default thereof that the defendant and sureties will on demand, pay to the plaintiff the full value of the property released not exceeding the amount of the judgment against the defendant. The court may fix the sum for which the undertaking must be executed, and if necessary in fixing the sum to know the value of the property released, it may be appraised by one or more disinterested persons, to be appointed for that purpose. The sureties may be required to justify before the court and the property attached may not. be released from the attachment without their justification if it is required.</content> </section> <section> <num value="361">§ 361. </num> <heading>Discharge of attachment irregularly issued</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The defendant may also at any time, either before or after the release of the attached property, or before any attachment has been actually levied, apply on motion, upon reasonable notice to the plaintiff, that the writ of attachment be discharged on the ground that it was improperly or irregularly issued.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the motion is made upon affidavits on the part of the defendant, the plaintiff may oppose it by affidavits or other evidence, in addition to those on which the attachment was made.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>If upon the application it satisfactorily appears that the writ of attachment was improperly or irregularly issued it shall be discharged; but the attachment may not be discharged if at or before the hearing of the application, the writ of attachment, or the affidavit, or undertaking upon which the attachment was based is amended and made to conform to this subchapter.</content> </subsection> </section> <section> <num value="362">§ 362. </num> <heading>Return of writ; filing order releasing attachment</heading> <content>The marshal shall return the writ of attachment with the summons, if issued at the same time; otherwise, within 20 days after its receipt, with a certificate of his proceedings indorsed thereon or attached thereto. If an order has been made discharging or releasing an attachment upon real property, a certified copy of the order may be tiled in the office of the registrar of property.</content> </section> <section> <num value="363">§ 363. </num> <heading>Release of real property from attachment</heading> <content>An attachment as to real property may be released by a writing signed by the plaintiff, or his attorney, or the officer who levied the writ and acknowledged in the manner provided by chapter 27 of Title 4; and upon the filing of the release, the registrar of property shall note it on the record of the copy of the writ on file in his office. Such an attachment may also be released by an entry in the margin of the record thereof, in the registrar’s office, in the manner provided for the discharge of mortgages by section 4127 of Title 4.</content> </section> <section> <num value="364">§ 364. </num> <heading>Attachment of interest in decedent’s estate</heading> <content>The interest of a defendant in personal property belonging to the estate of a decedent, whether ea heir, legatee, or devisee, may be attached by serving the personal representative of the decedent with a copy of the writ and a notice that the interest is attached. The attachment may not impair the powers of the representative over the property for the purposes of administration. A copy of the writ of attachment and of the notice shall also be filed in the office of the clerk of the court in which the estate is being administered and the personal representative shall report the attachment to the court when a petition for distribution is filed, and in the decree made upon the petition distribution shall he ordered to the heir, legatee, or devisee, <page identifier="/us/stat/76a/305">305</page> but delivery of the property shall be ordered to the officer making the levy subject to the claim of the heir, legatee, or devisee, or any person claiming under him. The property may not be delivered to the officer making the levy until the decree distributing the interest has become final.</content> </section> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Receivers</heading> <section> <num value="381">§ 381. </num> <heading>Appointment of receivers generally</heading> <chapeau>A receiver may be appointed by the district court in an action pending therein:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or funds is in danger of being lost, removed, or materially injured;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>after judgment, to carry the judgment into effect;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>after judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or in proceedings in aid of execution, when an execution has been returned unsatisfied; or when the judgment debtor refuses to apply his property in satisfaction of the judgment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>in the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>in all other cases where receivers have heretofore been appointed by the usages of courts of equity.</content> </paragraph> </section> <section> <num value="382">§ 382. </num> <heading>Appointment of receivers upon dissolution of corporations</heading> <content>Upon the dissolution of a corporation having its principal place of business in the Canal Zone, the district court, on application of a creditor of the corporation, or of a stockholder or member thereof, may appoint one or more persons to be receivers or trustees of the corporation, to take charge of the estate and effects thereof and to collect the debts and property due and belonging to the corporation, and to pay the outstanding debts thereof, and to divide the moneys and other property that remain over among the stockholders or members.</content> </section> <section> <num value="383">§ 383. </num> <heading>Qualifications of receivers; undertaking on ex parte appointment</heading> <content> <p class="indent0 firstIndent1 fontsize10">A party, or attorney of a party, or person interested in an action, may not be appointed receiver therein without the written consent of the parties, filed with the clerk.</p> <p class="indent0 firstIndent1 fontsize10">If a receiver is appointed upon an ex parte application, the court, before making the order, shall require from the applicant an undertaking, with sufficient sureties, in an amount to be fixed by the court, to the effect that the applicant will pay to the defendant all damages he may sustain by reason of the appointment of the receiver and the entry by him upon his duties, in case the applicant has procured the appointment wrongfully, maliciously, or without sufficient cause. At any time after the appointment, the court may require an additional undertaking.</p> </content> </section> <page identifier="/us/stat/76a/306">306</page> <section> <num value="384">§ 384. </num> <heading>Oath and undertaking of receiver</heading> <content>Before entering upon his duties, the receiver shall be sworn to perform them faithfully, and with two or more sureties, approved by the court, execute an undertaking to the Government of the Canal Zone in such sum as the court may direct! to the effect that he will faithfully discharge the duties of receiver in the action and obey the orders of the court therein.</content> </section> <section> <num value="385">§ 385. </num> <heading>Powers of receivers</heading> <content>The receiver may, under the control of the court, bring and defend actions in his own name, as receiver; take and keep possession of the property, receive rents, collect debts, compound for and compromise the same, make transfers, and generally do such acts respecting the property as the court. authorizes.</content> </section> <section> <num value="386">§ 386. </num> <heading>Investment of funds</heading> <content>Funds in the hands of a receiver may be invested upon interest, by order of the court made upon the consent of all the parties to the action.</content> </section> <section> <num value="387">§ 387. </num> <heading>Unclaimed funds in receiver’s hands</heading> <content> <p class="indent0 firstIndent1 fontsize10">A receiver having funds in his hands belonging to a person whose whereabouts are unknown to him, shall, before receiving his discharge as receiver, publish a notice, in one or more newspapers of general circulation in the Canal Zone, at least once a week for four consecutive weeks, setting forth the name of the owner of any unclaimed funds, the last known place of residence or post office address of the owner and the amount of the unclaimed funds.</p> <p class="indent0 firstIndent1 fontsize10">Any funds remaining in his hands unclaimed for 30 days after the date of the last publication of the notice, shall be reported to the court. Upon order of the court, all such funds shall be paid to the Canal Zone Government accompanied with a copy of the order, setting forth the facts required in the notice herein provided. The funds shall be paid out by the Canal Zone Government to the owner thereof or his order in such manner and upon such terms as the court directs.</p> <p class="indent0 firstIndent1 fontsize10">All costs and expenses connected with the advertising shall be paid out of the funds the whereabouts of whose owners are unknown.</p> </content> </section> </subchapter> <subchapter> <num class="bold" value="VI">Subchapter VI—</num><heading class="bold">Deposits in Court; Handling of Funds by Clerk</heading> <section> <num value="411">§ 411. </num> <heading>Order for deposit of money or property or delivery to another party</heading> <content>If it is admitted by the pleadings, or shown upon the examination of a party to the action, that he has in his possession, or under his control, money or another thing capable of delivery, which, being the subject of litigation, is held by him as trustee for another party, or which belongs or is due to another party, the court upon motion may order the same to be deposited in court or delivered to the party, upon such conditions us may be just, subject to the further direction of the court.</content> </section> <section> <num value="412">§ 412. </num> <heading>Enforcement of order</heading> <content>If, in the exercise of its authority, a court has ordered the deposit or delivery of money, or other thing, and the order is disobeyed, the court, in addition to punishing the disobedience, may make an order requiring the marshal to take the money, or thing, and deposit or deliver it in conformity with the direction of the court.</content> </section> <section> <num value="413">§ 413. </num> <heading>Money deposited in registry of court</heading> <chapeau>Money deposited with the clerk of the district court, by or for the use of any party, upon a judgment of the court or in a pending action or proceeding by virtue of the law or by direction of the court, as soon as deposited with the clerk, shall be deemed to be in the registry of the court.</chapeau> <page identifier="/us/stat/76a/307">307</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Money paid into court pursuant to Rule 67 of the Federal Rules of Civil Procedure shall be deposited and withdrawn in accordance with the provisions of this subchapter.</content> </subsection> </section> <section> <num value="414">§ 414. </num> <heading>Deposit of sums over $200 in depositary; disbursements; records</heading> <content>The clerk shall deposit in a depositary designed by the judge of the district court, in the name of that court, every sum of money deposited in the registry of the court which exceeds $200, as soon as it is received. The money may thereafter be paid out only on a check, voucher, or order of the court, or the judge thereof, counter-signed by the clerk of the court. The clerk in each division of the district court shall make a record showing the date of receipt, the amount received, from whom received, and the case in which any such money is deposited in the registry of the court; and the date, amount, and to whom the same was paid out.</content> </section> <section> <num value="415">§ 415. </num> <heading>Maintenance of general deposit account; interest; commission; deposit of funds</heading> <content> <p class="indent0 firstIndent1 fontsize10">The clerk shall maintain a general deposit account in a designated depositary in which shall be deposited every cash fund exceeding $200 deposited in the registry of the court. Interest earned on the general account shall be retained by the clerk as his commission for receiving and caring therefor and shall be accounted for by him as fees of his office. The clerk may not charge a commission for handling a fund of $200 or less.</p> <p class="indent0 firstIndent1 fontsize10">If, however, a fund exceeding $200 is likely to remain in the registry of the court for six months or more, and the parties so stipulate or the court so directs, the fund shall be deposited in a designated bank in a savings account at interest. The clerk’s commission for caring for the fund in such case shall be paid only out of interest earned thereon, to the amount of one-fourth of the interest. The remainder of the interest shall be deemed a part of the fund and shall be paid out on order or decree of the court according to the exigency of the case.</p> </content> </section> <section> <num value="416">§ 416. </num> <heading>Designation of depositaries</heading> <content>The judge of the district court shall designate one or more depositaries in which money deposited in the registry of the court shall be deposited by the clerk.</content> </section> <section> <num value="417">§ 417. </num> <heading>Deputy clerks and acting clerks</heading> <content>As used in sections 413–416 of this title, the word “clerk” includes the clerk of the district court, the deputy clerks thereof, and any acting clerk when performing the duties of the clerk or deputy clerk when they or any of them are absent on account of illness or vacation, or are unable to act from any cause.</content> </section> <section> <num value="418">§ 418. </num> <heading>Disposition of unclaimed funds by clerk</heading> <content> <p class="indent0 firstIndent1 fontsize10">When the clerk of the district court has in his hands for a period of two years or more any fund or moneys belonging to any person or persons, which he has been unable to disburse to the person or persons because of his inability to locate them, or because of their refusal to accept the same, the clerk shall upon order of the court turn the same over to the Canal Zone Government to be held and disposed of as provided in this section.</p> <p class="indent0 firstIndent1 fontsize10">A person claiming to be entitled to an amount so deposited with the Canal Zone Government may, within five years after the deposit, petition the court for an order directing payment to the claimant. A copy of the petition shall be served on the Canal Zone Government and thereafter the amount may not be covered into the Treasury of the United States, as provided by this section, until so ordered by the court.</p> <page identifier="/us/stat/76a/308">308</page> <p class="indent0 firstIndent1 fontsize10">If no one claims the amount, as herein provided, or if a claim is made and disallowed and the court so directs, the amount devolves to the United States and shall be covered into the Treasury as miscellaneous receipts.</p> </content> </section> </subchapter> </chapter> <chapter> <num value="13">CHAPTER 13—</num><heading>TRIAL</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">trial by jury</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>451.</designator> <label>Jury trial of right.</label></referenceItem> <referenceItem role="section"><designator>452.</designator> <label>Challenges.</label></referenceItem> <referenceItem role="section"><designator>453.</designator> <label>Challenges for cause.</label></referenceItem> <referenceItem role="section"><designator>454.</designator> <label>Jury to be sworn.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">conduct of trial</inline></label></referenceItem> <referenceItem role="section"><designator>471.</designator> <label>Order of proceedings on trial.</label></referenceItem> <referenceItem role="section"><designator>472.</designator> <label>View by jury.</label></referenceItem> <referenceItem role="section"><designator>473.</designator> <label>Instructions to jury.</label></referenceItem> <referenceItem role="section"><designator>474.</designator> <label>Admonition when jury permitted to separate.</label></referenceItem> <referenceItem role="section"><designator>475.</designator> <label>Items taken with jury.</label></referenceItem> <referenceItem role="section"><designator>476.</designator> <label>Retirement and deliberation of jury; three-fourths verdict.</label></referenceItem> <referenceItem role="section"><designator>477.</designator> <label>Return to court for instructions.</label></referenceItem> <referenceItem role="section"><designator>478.</designator> <label>Discharge without verdict; retrial.</label></referenceItem> <referenceItem role="section"><designator>479.</designator> <label>Adjournment while jury absent; sealed verdict.</label></referenceItem> <referenceItem role="section"><designator>480.</designator> <label>Manner of giving verdict; three-fourths verdict; polling jury.</label></referenceItem> <referenceItem role="section"><designator>481.</designator> <label>Correction of informal or insufficient verdict.</label></referenceItem> <referenceItem role="section"><designator>482.</designator> <label>Entry of verdict.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Trial by Jury</heading> <section> <num value="451">§ 451. </num> <heading>Jury trial of right</heading> <content>Except as otherwise provided by law, a party has a right of trial by jury of issues of fans in a civil case at law originating in the district court.</content> </section> <section> <num value="452">§ 452. </num> <heading>Challenges</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>In civil cases, each party is entitled to four peremptory challenges. Several defendants or several plaintiffs may be considered as a single party for the purposes of making challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly. If two or more actions are consolidated for trial, the court may allow each party the number of peremptory challenges he would have if the actions were tried separately.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Challenges for cause or favor, whether to the array or panel or to individual jurors, shall be determined by the court.</content> </subsection> </section> <section> <num value="453">§ 453. </num> <heading>Challenges for cause</heading> <chapeau>Challenges for cause may be taken on one or more of the following grounds:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a want of any of the qualifications prescribed to render a person competent as a juror;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>consanguinity or affinity within the fourth degree to a party, or to an officer of a corporation which is a party;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>standing in the relation of guardian and ward, master and servant, employer and clerk, or principal and agent, or debtor and creditor, to either party, or to an officer of a corporation which is a party, or being a member of the family of either party; or a partner in business with either party; or surety on a bond or obligation for either party, or being the holder of bonds or shares of the capital stock of a corporation which is a party; or having stood within one year previous to the filing of the complaint in the relation of attorney and client with either party or with the attorney for either party; but a depositor of a bank is not deemed <page identifier="/us/stat/76a/309">309</page> a creditor of the bank for the purpose of this paragraph solely by reason of his being a depositor;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>having served as a juror in a civil action or been a witness on a previous trial between the same parties, for the same cause of action; or having been summoned and attended the district court as a petit juror at any term held within one year prior to the challenge;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>interest on the part of the juror in the event of the action, or in the main question involved in the action;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>having an unqualified opinion or belief as to the merits of the action founded upon knowledge of its material facts or of some of them;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the existence of a state of mind evincing enmity against or bias to either party; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>that he is a party to an action pending in the court for which he is drawn and which action is set for trial before the panel of which he is a member.</content> </paragraph> </section> <section> <num value="454">§ 454. </num> <heading>Jury to be sworn</heading> <content>As soon as the jury is completed, an oath shall be administered to the jurors, in substance, that they and each of them will well and truly try the matter in issue between <fillIn style="font-family:monospace">----</fillIn>, plaintiff, and <fillIn style="font-family:monospace">----</fillIn>, defendant, and a true verdict render according to the evidence.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Conduct of Trial</heading> <section> <num value="471">§ 471. </num> <heading>Order of proceedings on trial</heading> <chapeau>When the jury have been sworn, the proceedings shall be as follows, unless the judge, for special reasons, otherwise directs;</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the plaintiff, after stating the issue and his case, shall produce the evidence on his part;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the defendant may then open his defense, and offer his evidence in support thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the parties may then respectively offer rebutting evidence only, unless the court, for good reason, in furtherance of justice, permits them to offer evidence upon their original case;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>when the evidence is concluded, unless the each is submitted to the jury on either side or on both sides without argument, the plaintiff shall commence and may conclude the argument;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>if several defendants, having separate defenses, appear by different counsel, the court shall determine their relative order in the presentation of evidence and argument; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the court may then charge the jury.</content> </paragraph> </section> <section> <num value="472">§ 472. </num> <heading>View by jury</heading> <content>When, in the opinion of the court, it is proper for the jury to have a view of the property which is the subject of litigation, or of the place in which a material fact occurred, it may order them to be conducted, in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose. While the jury are thus absent, no person, other than the person so appointed, may speak to them on any subject connected with the trial.</content> </section> <section> <num value="473">§ 473. </num> <heading>Instructions to jury</heading> <content>In charging the jury the court may state to them all matters of law which it thinks necessary for their information in giving their verdict; and, if it states the testimony of the case, it shall inform the jury that they are the exclusive judges of all questions of fact. The court shall furnish to either party, at the time, upon request, a statement <page identifier="/us/stat/76a/310">310</page> in writing of the points of law contained in the charge, or sign, at the time, a statement of the points prepared and submitted by the counsel of either party.</content> </section> <section> <num value="474">§ 474. </num> <heading>Admonition when jury permitted to separate</heading> <content>If the jury are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with, or suffer themselves to be addressed by any other person, on any subject of the trial, and that it is their duty not to form or express an opinion thereon until the case is finally submitted to them.</content> </section> <section> <num value="475">§ 475. </num> <heading>Items taken with jury</heading> <content>Upon retiring for deliberation the jury may take with them all papers which have been received as evidence in the cause, except depositions or copies of such papers as ought not, in the opinion of the court, to be taken from the person having them in possession. They may also take with them any exhibits which the court thinks proper and notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person.</content> </section> <section> <num value="476">§ 476. </num> <heading>Retirement and deliberation of jury; three-fourths verdict</heading> <content>After the case is finally submitted to the jury, they may decide in court or retire for deliberation. If they retire, they shall be kept together in a convenient place, under charge of an officer, until at least three-fourths of them agree upon a verdict or are discharged by the court. Unless by order of the court, the officer having them under his charge may not suffer any communication to be made to them, or make any himself, except to ask them if they or three-fourths of them are agreed upon a verdict, and he may not, before their verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon.</content> </section> <section> <num value="477">§ 477. </num> <heading>Return to court for instructions</heading> <content>After the jury have retired for deliberation, if there is a disagreement between them as to any part of the testimony, or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into court. Upon their being brought into court, the information required shall be given in the presence of, or after notice to, the parties or counsel.</content> </section> <section> <num value="478">§ 478. </num> <heading>Discharge without verdict; retrial</heading> <content>If the jury are discharged, or prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial, or after the cause is submitted to them, the action may be again tried immediately, or at a future time, as the court may direct, unless the court directs the entry of judgment in accordance with a motion for a directed verdict pursuant to Rule 50 of the Federal Rules of Civil Procedure.</content> </section> <section> <num value="479">§ 479. </num> <heading>Adjournment while jury absent; sealed verdict</heading> <content>While the jury are absent the court may adjourn from time to time, in respect to other business; but it is nevertheless open for every purpose connected with the cause submitted to the jury, until a verdict is rendered or the jury discharged. The court may direct the jury to bring in a sealed verdict, at the opening of the court, in case of an agreement during a recess or adjournment for the day.</content> </section> <page identifier="/us/stat/76a/311">311</page> <section> <num value="480">§ 480. </num> <heading>Manner of giving verdict; three-fourths verdict; polling jury</heading> <content>When the jury, or three-fourths of them, have agreed upon a verdict, they shall be conducted into court, their names called by the clerk, and the verdict rendered by their foreman. The verdict must be in writing, signed by the foreman, and shall be read by the clerk to the jury, and the inquiry made whether it is their verdict. Either party may require the jury to be polled, which is done by the court or clerk asking each juror if it is his verdict. If upon such an inquiry or polling, more than one-fourth of the jurors disagree thereto, the jury shall be sent out again, but if no such disagreement is expressed, the verdict is complete and the jury discharged from the case.</content> </section> <section> <num value="481">§ 481. </num> <heading>Correction of informal or insufficient verdict</heading> <content>When the verdict is announced, if it is informal or insufficient, in not covering the issue submitted, it may be corrected by the jury under the advice of the court, or the jury may be again sent out.</content> </section> <section> <num value="482">§ 482. </num> <heading>Entry of verdict</heading> <content>Upon receiving a verdict, an entry shall be made by the clerk in the minutes of the court, specifying the time of trial, the names of the jurors and witnesses, and setting out the verdict at length; and where a special verdict is found, either the judgment rendered thereon, or if the case is reserved for argument or further consideration, the order thus reserving it.</content> </section> </subchapter> </chapter> <chapter> <num value="15">CHAPTER 15—</num><heading>JUDGMENT AND EXECUTION</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">judgements generally</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>511.</designator> <label>Interest on judgments.</label></referenceItem> <referenceItem role="section"><designator>512.</designator> <label>Satisfaction of Judgment.</label></referenceItem> <referenceItem role="section"><designator>513.</designator> <label>Death of party before judgment.</label></referenceItem> <referenceItem role="section"><designator>514.</designator> <label>Action against officer or person holding bond or covenant of indemnity; defense by and judgment against surety.</label></referenceItem> <referenceItem role="section"><designator>515.</designator> <label>Confession of judgment without action.</label></referenceItem> <referenceItem role="section"><designator>516.</designator> <label>Submission of controversy without action.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">execution</inline></label></referenceItem> <referenceItem role="section"><designator>541.</designator> <label>Time for issuance of execution.</label></referenceItem> <referenceItem role="section"><designator>542.</designator> <label>Issuance of execution; form and contents.</label></referenceItem> <referenceItem role="section"><designator>543.</designator> <label>Return of execution.</label></referenceItem> <referenceItem role="section"><designator>544.</designator> <label>Methods for enforcement of judgments and orders.</label></referenceItem> <referenceItem role="section"><designator>545.</designator> <label>Execution after five years.</label></referenceItem> <referenceItem role="section"><designator>546.</designator> <label>Execution after death of party.</label></referenceItem> <referenceItem role="section"><designator>547.</designator> <label>Property liable to execution; manner and effect of levy.</label></referenceItem> <referenceItem role="section"><designator>548.</designator> <label>Property exempt from execution or attachment.</label></referenceItem> <referenceItem role="section"><designator>549.</designator> <label>Procedure for asserting and determining claims for exemption.</label></referenceItem> <referenceItem role="section"><designator>550.</designator> <label>Execution of writ generally.</label></referenceItem> <referenceItem role="section"><designator>551.</designator> <label>Sale on execution or under power in deed of trust; notice.</label></referenceItem> <referenceItem role="section"><designator>552.</designator> <label>Penalty for selling without notice or taking down or defacing notice.</label></referenceItem> <referenceItem role="section"><designator>553.</designator> <label>Conduct of sale.</label></referenceItem> <referenceItem role="section"><designator>554.</designator> <label>Nonpayment of bid; resale.</label></referenceItem> <referenceItem role="section"><designator>555.</designator> <label>Rights of purchaser; certificate of sale.</label></referenceItem> <referenceItem role="section"><designator>556.</designator> <label>Sales as absolute or subject to redemption; certificate of sale.</label></referenceItem> <referenceItem role="section"><designator>557.</designator> <label>Redemption; persons entitled to; redemptioners defined.</label></referenceItem> <referenceItem role="section"><designator>558.</designator> <label>Redemption: time; amount of payment.</label></referenceItem> <referenceItem role="section"><designator>559.</designator> <label>Subsequent redemptions; notice: marshal’s deed; certificate.</label></referenceItem> <referenceItem role="section"><designator>560.</designator> <label>Redemption; persons to whom payments made; tender.</label></referenceItem> <referenceItem role="section"><designator>561.</designator> <label>Redemption; documents to be produced by redemptioner.</label></referenceItem> <referenceItem role="section"><designator>562.</designator> <label>Restraining waste during period for redemption.</label></referenceItem> <referenceItem role="section"><designator>563.</designator> <label>Rents and profits.</label></referenceItem> <referenceItem role="section"><designator>564.</designator> <label>Eviction of purchaser or failure to obtain possession; revival of judgment.</label></referenceItem> <referenceItem role="section"><designator>565.</designator> <label>Contribution among judgment debtors; repayment of surety.</label></referenceItem> <referenceItem role="section"><designator>566.</designator> <label>Claims by third persons; filing of claim; undertaking by plaintiff.</label></referenceItem> <referenceItem role="section"><designator>567.</designator> <label>Same; hearing to determine title to property.</label></referenceItem> <referenceItem role="section"><designator>568.</designator> <label>Same; undertaking by claimant.</label></referenceItem> <referenceItem role="section"><designator>569.</designator> <label>Attachments and executions on mortgaged personal property.</label></referenceItem> <page identifier="/us/stat/76a/312">312</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">proceedings supplemental to execution</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>601.</designator> <label>Examination of judgment debtor.</label></referenceItem> <referenceItem role="section"><designator>602.</designator> <label>Order for judgment debtor to appear; arrest; bail.</label></referenceItem> <referenceItem role="section"><designator>603.</designator> <label>Payment by debtor of judgment debtor.</label></referenceItem> <referenceItem role="section"><designator>604.</designator> <label>Examination of debtor of judgment debtor.</label></referenceItem> <referenceItem role="section"><designator>605.</designator> <label>Witnesses.</label></referenceItem> <referenceItem role="section"><designator>606.</designator> <label>Order applying property toward satisfaction of judgment.</label></referenceItem> <referenceItem role="section"><designator>607.</designator> <label>Third person claiming interest or denying debt; action by judgment creditor.</label></referenceItem> <referenceItem role="section"><designator>608.</designator> <label>Contempt.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">judgments against joint debtors</inline></label></referenceItem> <referenceItem role="section"><designator>631.</designator> <label>Summoning unserved joint debtors to show cause why they should not be bound by judgment.</label></referenceItem> <referenceItem role="section"><designator>632.</designator> <label>Form and service of summons.</label></referenceItem> <referenceItem role="section"><designator>633.</designator> <label>Affidavit to accompany summons.</label></referenceItem> <referenceItem role="section"><designator>634.</designator> <label>Answer.</label></referenceItem> <referenceItem role="section"><designator>635.</designator> <label>Pleadings.</label></referenceItem> <referenceItem role="section"><designator>636.</designator> <label>Trial; amount of verdict or decision.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">discharge of persons imprisoned on civil process</inline></label></referenceItem> <referenceItem role="section"><designator>661.</designator> <label>Persons confined on execution issued on judgment; conditions for discharge.</label></referenceItem> <referenceItem role="section"><designator>662.</designator> <label>Notice of application for discharge.</label></referenceItem> <referenceItem role="section"><designator>663.</designator> <label>Service of notice.</label></referenceItem> <referenceItem role="section"><designator>664.</designator> <label>Examination before judge.</label></referenceItem> <referenceItem role="section"><designator>665.</designator> <label>Written interrogatories to prisoner.</label></referenceItem> <referenceItem role="section"><designator>666.</designator> <label>Oath of prisoner.</label></referenceItem> <referenceItem role="section"><designator>667.</designator> <label>Order for discharge.</label></referenceItem> <referenceItem role="section"><designator>668.</designator> <label>Frequency of applications for discharge.</label></referenceItem> <referenceItem role="section"><designator>669.</designator> <label>Finality of discharge.</label></referenceItem> <referenceItem role="section"><designator>670.</designator> <label>Judgment remains in force.</label></referenceItem> <referenceItem role="section"><designator>671.</designator> <label>Discharge on order of plaintiff.</label></referenceItem> <referenceItem role="section"><designator>672.</designator> <label>Discharge on failure of plaintiff to pay for support of prisoner.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Judgments Generally</heading> <section> <num value="511">§ 511. </num> <heading>Interest on judgments</heading> <content>Judgments bear interest at the rate of 6 percent per annum from the date of entry.</content> </section> <section> <num value="512">§ 512. </num> <heading>Satisfaction of judgment</heading> <content> <p class="indent0 firstIndent1 fontsize10">Satisfaction of a judgment may be entered in the clerk’s docket upon an execution returned satisfied, or upon an acknowledgment of satisfaction, which may recite payment of the judgment in full or the acceptance by the judgment creditor or assignee of record of any lesser sum in full satisfaction thereof. The acknowledgment may be made in the manner prescribed by chapter 27 of Title 4 and filed with the clerk or it may be made by indorsement on the face or the margin of the record. The acknowledgment or indorsement may be made by the judgment creditor, by the assignee of record, or by the attorney unless a revocation of his authority is filed.</p> <p class="indent0 firstIndent1 fontsize10">Whenever a judgment is satisfied in fact, otherwise than upon an execution, the party or attorney shall give the acknowledgment, or make the indorsement, and, upon motion, the court may compel it, or may order the entry of satisfaction to be made without it.</p> </content> </section> <section> <num value="513">§ 513. </num> <heading>Death of party before judgment</heading> <content>If a party dies after a verdict or decision upon any issue of fact, and before judgment, the court may nevertheless render judgment thereon. The judgment is payable in the course of administration on his estate.</content> </section> <section> <num value="514">§ 514. </num> <heading>Action against officer or person holding bond or covenant of indemnity; defense by and judgment against surety</heading> <content>If an action is brought against an officer or person for an act for the doing of which he had theretofore received a valid bond or <page identifier="/us/stat/76a/313">313</page> covenant of indemnity, and he gives seasonable notice thereof in writing to the persons who executed the bond or covenant, and permits them to conduct the defense of the action, the judgment recovered therein is conclusive evidence against the persons so notified; and the court may, on motion of the defendant, upon notice of five days, and upon proof of the bond or covenant, and of the notice and permission, enter judgment against them for the amount so recovered and costs.</content> </section> <section> <num value="515">§ 515. </num> <heading>Confession of judgment without action</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A judgment by confession may be entered without action either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this section. The judgment may be entered in any court having jurisdiction for like amounts.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>A statement in writing shall be made, signed by the defendant and verified by his oath:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>authorizing the entry of judgment for a specified sum;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if it is for money due, or to become due, stating concisely the facts out of which it arose, and showing that the sum confessed therefor is justly due, or to become due; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if it is for the purpose of securing the plaintiff against a contingent liability, stating concisely the facts constituting the liability, and showing that the sum confessed thereunder does not exceed the same.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>If the judgment is to be entered in the district court, the plaintiff shall file the statement with the clerk of the district court and pay a fee of $8 to be recovered as costs in the judgment. Within 10 days after the filing, the clerk shall indorse upon the statement, and enter of record, a judgment of the district court for the amount confessed, with $8 costs.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>If the judgment is to be entered in a magistrate’s court, the plaintiff shall file the statement with the magistrate and pay a fee of $5 to be recovered as costs in the judgment. The magistrate shall thereupon enter in his docket a judgment of the magistrate’s court for the amount confessed, with $5 costs.</content> </subsection> </section> <section> <num value="516">§ 516. </num> <heading>Submission of controversy without action</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties. The court shall thereupon hear and determine the case, and render judgment thereon, as if an action were pending.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Judgment may be entered as in other cases, but without costs for any proceeding prior to the trial.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The judgment may be enforced in the same manner as if it had been rendered in an action, and is in the same manner subject to appeal.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Execution</heading> <section> <num value="541">§ 541. </num> <heading>Time for issuance of execution</heading> <content>Subject to any stay of proceedings to enforce the judgment authorized by the Federal Rules of Civil Procedure, the party in whose favor judgment is given may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement upon the filing of a written request with the Berk of court. If, after <page identifier="/us/stat/76a/314">314</page> the entry of the judgment,, the issuing of execution thereon is stayed or enjoined by any judgment or order of court, or by operation of law or the Federal Rules of Civil Procedure, the time during which it is so stayed or enjoined is excluded from the computation of the five years within which execution may issue.</content> </section> <section> <num value="542">§ 542. </num> <heading>Issuance of execution; form and contents</heading> <chapeau>A writ of execution shall be issued in the name of the Government of the Canal Zone sealed with the seal of the court, and subscribed by the clerk, and be directed to the marshal, and intelligibly refer to the judgment, stating the court, the division where the judgment is entered, and if it is for money, the amount thereof, and the amount actually due thereon, and shall require the marshal to proceed substantially as follows:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>If it is against the property of the judgment debtor, it shall require the marshal to satisfy the judgment, with interest, out of the property of the debtor.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>If it is against property in the hands of the personal representatives, heirs, devisees, legatees, tenants, or trustees, it shall require the marshal to satisfy the judgment, with interest, out of such property.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>If it is against the person of the judgment debtor, it shall require the marshal to arrest the debtor and commit him to jail until he pays the judgment, with interest, or is discharged according to law.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>If it is for the delivery of the possession of property, it shall require the marshal to deliver the possession of the property, describing it, to the party entitled thereto; and it may at the same time require the marshal to satisfy any costs, damages, rents or profits recovered by the same judgment, out of the property o the person against whom it was rendered, and the value of the property for which the judgment was rendered to be specified therein if a delivery thereof cannot be had.</content> </paragraph> </section> <section> <num value="543">§ 543. </num> <heading>Return of execution</heading> <content>An execution may be made returnable at any time not less than 10 nor more than 60 days after its receipt by the marshal, to the division in which the judgment is entered.</content> </section> <section> <num value="544">§ 544. </num> <heading>Methods for enforcement of judgments and orders</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If a judgment is for money, or the possession of property, it may be enforced by a writ of execution.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If a judgment directs that the defendant be arrested, the execution may issue against the person of the judgment debtor, after the return of an execution against his property unsatisfied in whole or part.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>If a judgment requires the sale of property, it may be enforced by a writ reciting the judgment, or the material parts thereof, and directing the proper officer to execute the judgment, by making the sale and applying the proceeds in conformity therewith.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>If a judgment requires the performance of any other act than as above designated, a certified copy of the judgment may be served upon the party against whom it is rendered, or upon the person or officer required thereby or by law to obey it, and obedience thereto may be enforced by the court.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>If an order for the payment of a sum of money is made by a court, it may be enforced by execution in the same manner as if it were a judgment.</content> </subsection> </section> <page identifier="/us/stat/76a/315">315</page> <section> <num value="545">§ 545. </num> <heading>Execution after five years</heading> <content> <p class="indent0 firstIndent1 fontsize10">A judgment may be enforced or carried into execution after the lapse of five years from the date of its entry, by leave of the court, upon motion, and after due notice to the judgment debtor accompanied by an affidavit or affidavits setting forth the reasons for failure to proceed in compliance with section 541 of this title. The failure to set forth reasons which are sufficient in the discretion of the court is ground for the denial of the motion. This section does not limit the jurisdiction of the court to order issuance of a writ of execution prior to the lapse of the five-year period in cases where the party in whose favor judgment is given is not entitled to a writ pursuant to section 541 of this title.</p> <p class="indent0 firstIndent1 fontsize10">A judgment may also be enforced or carried into execution after the lapse of five years from the date of its entry, by judgment for that purpose founded upon supplemental proceedings; but this section does not revive a judgment for the recovery of money which has been barred by limitation on January 2, 1963.</p> </content> </section> <section> <num value="546">§ 546. </num> <heading>Execution after death of party</heading> <chapeau>Notwithstanding the death of a party after the judgment, execution thereon may be issued or it may be enforced, as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in case of the death of the judgment creditor, upon the application of his executor or administrator, or successor in interest; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in case of the death of the judgment debtor, if the judgment is for the recovery of property, or the enforcement of a lien thereon.</content> </paragraph> </section> <section> <num value="547">§ 547. </num> <heading>Property liable to execution; manner and effect of levy</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>All goods, chattels, moneys, and other real and personal property, or any interest therein, of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action, are liable to execution.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Shares and interests in any corporation or company, and debts and credits, and all other real and personal property, and any interest in either real or personal property, and all other property not capable of manual delivery, may be levied upon or released from levy in like manner as like property may be attached or released from attachment.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Until a levy, property is not affected by the execution. A levy does not bind any property for a longer period than one year from the date of the issuance of the execution; but an alias execution may be issued on the judgment and levied on any property not exempt from execution.</content> </subsection> </section> <section> <num value="548">§ 548. </num> <heading>Property exempt from execution or attachment</heading> <chapeau>The following property is exempt from execution or attachment, except as herein otherwise specially provided, when claim for exemption is made to the same by the judgment debtor or defendant as provided by section 549 of this title:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>chairs, tables, desks, and books, to the value of $200 belonging to the judgment debtor;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>household furniture and utensils necessary for housekeeping and used for that purpose by the debtor, such as the debtor may select, of a value not exceeding $500; and all wearing apparel;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>tools and implements necessarily used by him in his trade or employment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the professional libraries of lawyers, judges, clergymen, doctors, school teachers, and music teachers, not exceeding $500 in value;</content> </paragraph> <page identifier="/us/stat/76a/316">316</page> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the wages and earnings of all seamen and seagoing fishermen, not exceeding $300, regardless of where or when earned, and in addition to all other exemptions otherwise provided by any law; but where debts are incurred by any such person, or his wife or family for the common necessaries of life, one-half of the earnings above mentioned is nevertheless subject to execution or attar went to satisfy debts so incurred;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <chapeau>the following percentages of the earnings of the defendant or judgment debtor, regardless of his place of residence, for his personal services rendered at any time within 30 days next preceding the levy of the process are exempt from attachment, execution or garnishment without filing a claim for exemption as provided by section 549 of this tie, and only one attachment or execution on the earnings of a defendant or judgment debtor shall be satisfied at one time:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>all the gross earnings exceeding $40 per week;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>80 percent of the gross earnings exceeding $40 per week and not exceeding $100 per week; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>50 percent of the gross earnings exceeding $100 per week;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>all the nautical instruments and wearing apparel of a master, officer, or seaman of a vessel;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>all arms, uniforms, and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>all moneys, benefits, privileges, or immunities accruing or in any manner growing out of life insurance, if the annual premiums paid do not exceed $500, and if they exceed that sum a like exemption exists which bears the same proportion to the moneys, benefits, privileges, and immunities so accruing or growing out of the insurance that $500 bears to the whole annual premiums paid; in addition to the foregoing, all moneys, benefits or privileges belonging to or inuring to the benefit of the insured’s spouse or minor children growing out of life insurance purchased with annual premiums not exceeding $500, or if the annual premiums exceeded that sum, a like exemption exists in favor of those persons which bears the same proportion to the moneys, benefits or privileges growing out of the insurance that $500 bears to the whole annual premiums paid; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>all money received by a person as a pension or retirement or disability or death or other benefit from the United States Government, whether it is in his actual possession or deposited, loaned, or invested by him.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">An article, however, or species of property specified by this section is not exempt from execution issued upon a judgment recovered for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.</continuation> </section> <section> <num value="549">§ 549. </num> <heading>Procedure for asserting and determining claims for exemption</heading> <chapeau>The following procedure shall be followed in asserting and determining claims for exemption of property as provided by section 548 of this title:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Unless otherwise specially provided, if the property specified by section 548 of this title is levied upon under writ of attachment or execution, the defendant or judgment debtor, in order to avail himself of his exemption rights as to the property, shall deliver to the levying officer an affidavit of himself or his agent, together with a copy thereof, alleging that the property levied upon, identifying it, is exempt, specifying the paragraphs of section 548 on which he relies <page identifier="/us/stat/76a/317">317</page> for his claim to exemption, and all facts necessary to support his claim, and also stating therein his address for the purpose of permitting service by mail upon him of the counter-affidavit and any notice of the motion herein provided.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Forthwith upon receiving the affidavit of exemption the levying officer shall serve upon the plaintiff or the person in whose favor the writ runs (herein referred to as “the creditor”), either personally or by mail, a copy of the affidavit of exemption, together with a writing, signed by the levying officer, stating that the claim to exemption has been received and that the officer will release the property unless he receives from the creditor a counter-affidavit within five days after service of the writing.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>If the creditor desires to contest the claim to exemption, he shall within the period of five days file with the levying officer a counter-affidavit alleging that the property is not exempt within the meaning of the paragraphs relied upon, or if the claim to exemption is based on paragraph (1), (2), or (4) of section 548 of this title, alleging that the value of the property claimed to be exempt is in excess of the value stated in the applicable paragraphs, together with proof of service of a copy of the counter-affidavit upon the judgment debtor.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>If a counter-affidavit, with proof of service, is not so filed with the levying officer within the time allowed, the officer shall forthwith release the property.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>If a counter-affidavit, with proof of service, is so filed, either the creditor or the judgment debtor is entitled to a hearing in the court in which the action is pending or from which the writ issued for the purpose of determining the claim to exemption, or the value of the property claimed to be exempt. The hearing shall be granted by the court upon motion of either party made within five days after the counter-affidavit is filed with the levying officer, and the hearing shall he had within 15 days from date of the making of the motion unless continued by the court for good cause. The party making the motion for hearing shall give not less than five days’ notice in writing of the hearing to the levying officer and to the other party and specify therein that the hearing is for the purpose of determining the claim to exemption. The notice may be of motion or of hearing and upon the filing of the notice with the clerk of court, the motion is deemed made.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>If neither party makes such a motion within the time allowed, or if the levying officer is not served with a copy of the notice of hearing within 10 days after the filing of the counter-affidavit, the levying officer shall forthwith release the property to the judgment debtor.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>At any time while the proceedings are pending, upon motion of either party or upon its own motion, the court may make such orders as may be proper under the particular circumstances of the case. Any orders so made may be modified or vacated by the court or judge granting the same, or by the court in which the proceedings are pending, at any time during the pendency of the proceedings, upon such terms as may be just.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>The levying officer in all cases shall retain physical possession of the property levied upon if it is capable of physical possession, or in the case of property not capable of physical possession, the levy shall remain in full force and effect, pending the final determination of the claim to exemption. A sale under execution may not be had prior to the final determination unless an order of the court hearing the claim for exemption so provides.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="9">(9) </num> <content>At the hearing, the party claiming the exemption has the burden of proof. The affidavits and counter-affidavits shall be filed by the levying officer with the court and shall constitute the <page identifier="/us/stat/76a/318">318</page> pleadings, subject to the power of the court to permit an amendment in the interests of justice. The affidavit of exemption is deemed controverted by the counter-affidavit and both shall be received in evidence. Findings are not required in a proceeding under this section. When evidence other than the affidavit and counter-affidavit is not offered, the court, if satisfied that sufficient facts are shown thereby, may make its determination thereon; otherwise, it shall order the hearing continued for the production of other evidence, oral or documentary, or the filing of other affidavits and counter-affidavits. At the conclusion of the hearing, the court shall give judgment determining whether the claim to exemption shall be allowed or not, in whole or in part, which judgment is determinative as to the right of the creditor to have the property taken and held by the officer or to subject the property to payment or other satisfaction of his judgment. In the judgment the court shall make all proper orders for the disposition of the property or the proceeds thereof.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="10">(10) </num> <content>A copy of any judgment entered in the trial court shall be forthwith transmitted by the clerk to the levying officer in order to permit the officer to either release the property attached or to continue to hold it or sell it, in accordance with the provisions of the writ previously delivered to him. Unless an appeal from the judgment be waived, or the judgment has otherwise become final, the officer shall continue to hold the property under attachment or execution, continuing the sale of any property held under execution until the judgment becomes final. If a claim to exemption pursuant to paragraph (6) of section 548 of this title is allowed by the judgment, the judgment debtor is entitled to a release of the earnings so exempted at the expiration of three days, unless otherwise ordered by the court or unless the levying officer is served with a copy of a notice of appeal from the judgment.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="11">(11) </num> <content>If any documents required hereunder are served by mail, the provisions of law or rules of court relating to service by mail are applicable thereto.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="12">(12) </num> <content>If the time allowed for an act to be done hereunder is extended by the court, written notice thereof shall be given promptly to the opposing party, unless the notice is waived, and to the levying officer.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="13">(13) </num> <content>An appeal lies from any judgment under this section, to be taken in the manner provided for appeals in the court in which the proceeding is had.</content> </paragraph> </section> <section> <num value="550">§ 550. </num> <heading>Execution of writ generally</heading> <content> <p class="indent0 firstIndent1 fontsize10">The marshal shall execute the writ against the property of the judgment debtor, by levying on a sufficient amount of property: if there be sufficient; collecting or selling the things in action, and selling the other property, and paying to the plaintiff or his attorney so much of the proceeds as will satisfy the judgment.</p> <p class="indent0 firstIndent1 fontsize10">Any excess in the proceeds over the judgment and accruing costs shall be returned to the judgment debtor, unless otherwise directed by the judgment or order of the court.</p> <p class="indent0 firstIndent1 fontsize10">If there is more property of the judgment debtor than is sufficient to satisfy the judgment and accruing costs within the view of the marshal, he shall levy only on such part of the property as the judgment debtor may indicate, if the property indicated is amply sufficient to satisfy the judgment and costs.</p> </content> </section> <section> <num value="551">§ 551. </num> <heading>Sale on execution or under power in deed of trust; notice</heading> <chapeau>Before the sale of property on execution or under power contained in any deed of trust, notice thereof shall be given as follows:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>In case of perishable property: by posting written notice of the time and place of sale in three public places of the town where <page identifier="/us/stat/76a/319">319</page> the sale is to take place, for such time as may be reasonable, considering the character and condition of the property.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>In case of other personal property: by posting a similar notice in three public places in the town where the sale is to take place, for not less than 5 days nor more than 10 days.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>In case of real property: by posting a similar notice particularly describing the property for 20 days, in three public places of the town where the property is to be sold and publishing a copy thereof once a week for the same period, in some newspaper of general circulation in the Canal Zone; and where real property is to be sold under the provision of any deed of trust the copy of the notice shall be posted in a conspicuous place on the property to be sold, at least 20 days before date of sale.</content> </paragraph> </section> <section> <num value="552">§ 552. </num> <heading>Penalty for selling without notice or taking down or defacing notice</heading> <content>An officer selling without the notice prescribed by section 551 of this title shall forfeit $500 to the aggrieved party, in addition to his actual damages; and a person willfully taking down or defacing the notice posted, if done before the sale or the satisfaction of the judgment before sale, shall forfeit $500.</content> </section> <section> <num value="553">§ 553. </num> <heading>Conduct of sale</heading> <content>Sales of property under execution shall be made at auction, to the highest bidder, between the hours of nine in the morning and five in the afternoon. After sufficient property has been sold to satisfy the execution, no more may be sold. Neither the officer holding the execution nor his deputy may become a purchaser or be interested in any purchase at the sale. When the sale is of personal property, capable of manual delivery, it shall be within view of those who attend the sale, and be sold in such parcels as are likely to bring the highest price; and when the sale is of real property, consisting of several known lots or parcels, they shall be sold separately; or when a portion of the real property is claimed by a third person, and he requires it to be sold separately, it shall be thus sold. The judgment debtor, if present at the sale, may also direct the order in which property, real or personal, shall be sold, when the property consists of several known lots or parcels, or of articles which can be sold to advantage separately, and the marshal shall follow those directions.</content> </section> <section> <num value="554">§ 554. </num> <heading>Nonpayment of bid; resale</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under execution, the officer may again sell the property at any time to the highest bidder, and if any loss is occasioned thereby, the officer may recover the amount of the loss, with costs, from the bidder so refusing, in any court of competent jurisdiction.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If a purchaser refuses to pay, the officer may reject any subsequent bid by him.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Subsections (a) and (b) of this section do not render the officer liable for any more than the amount bid by the second or subsequent purchaser, and the amount collected from the purchaser refusing to pay.</content> </subsection> </section> <section> <num value="555">§ 555. </num> <heading>Rights of purchaser; certificate of sale</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>When the purchaser of personal property capable of manual delivery pays the purchase money, the officer making the sale shall deliver the property to him, and, if desired, execute and deliver to him a certificate of the sale. The certificate conveys to the purchaser all the right which the debtor had in the property on the day the execution or attachment was levied.</content> </subsection> <page identifier="/us/stat/76a/320">320</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>When the purchaser of personal property not capable of manual delivery pays the purchase money, the officer making the sale shall execute and deliver to him a certificate of sale. The certificate conveys to the purchaser all the right which the debtor had in the property on the day the execution or attachment was levied.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Upon a sale of real property, the purchaser is substituted to and acquires all the right, title, interest, and claim of the judgment debtor thereto on the date of the levy of the execution thereon. If property, real or personal, has been attached in the action, the purchaser is substituted to and acquires all the right, title, interest, and claim of the judgment debtor on or at any time after the day the attachment was levied upon the property.</content> </subsection> </section> <section> <num value="556">§ 556. </num> <heading>Sales as absolute or subject to redemption; certificate of sale</heading> <chapeau> <p class="indent0 firstIndent1 fontsize10">Sales of personal property, and of real property, when the estate therein is less than a leasehold of two years unexpired term, are absolute. In all other cases the property is subject to redemption, as provided in this subchapter.</p> <p class="indent0 firstIndent1 fontsize10">The officer shall give to the purchaser a certificate of sale, and file a duplicate thereof for record in the office of the registrar of property, which certificate must state the date of the judgment under which the sale was made and the names of the parties thereto, and contain:</p> </chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a particular description of the real property sold;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the price bid for each distinct lot or parcel;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the whole price paid; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>if the property is subject to redemption, the certificate must so declare.</content> </paragraph> </section> <section> <num value="557">§ 557. </num> <heading>Redemption; persons entitled to; redemptioners defined</heading> <chapeau>Property sold subject to redemption, as provided in section 586 of this title, or any part sold separately, may be redeemed in the manner hereinafter provided, by the following persons, or their successors in interest:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the judgment debtor, or his successor in interest, in the whole or any part of the property; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a creditor having a lien or mortgage on the property sold, or on a share or part thereof, subsequent to that on which the property was sold.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The persons specified by paragraph (2) of this section are, in this subchapter, termed redemptioners.</continuation> </section> <section> <num value="558">§ 558. </num> <heading>Redemption; time; amount of payment</heading> <content>The judgment debtor, or a redemptioner, may redeem the property from the purchaser any time within 12 months after the sale on paying the purchaser the amount of his purchase, with 1 percent per month thereon in addition, up to the time of redemption; and if the purchaser is also a creditor, having a prior lien to that of the redemptioner, other than the judgment under which the purchase was made, the amount of the lien with interest.</content> </section> <section> <num value="559">§ 559. </num> <heading>Subsequent redemptions; notice; marshal’s deed; certificate</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If property is so redeemed by a redemptioner, another redemptioner may, within 60 days after the last redemption, again redeem it from the last redemptioner, on paying the sum paid on the last redemption, with 2 percent thereon in addition, and, in addition, the amount of any liens held by the redemptioner prior to his own, with interest; but the judgment under which the property was sold need not be so paid as a lien.</content> </subsection> <page identifier="/us/stat/76a/321">321</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The property may be again, and as often as a. redemptioner is so disposed, redeemed from any previous redemptioner within 60 days after the last redemption, on paying the sum paid on the last previous redemption, with 2 percent thereon in addition, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to his own with interest.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Written notice of redemption shall be given to the marshal and a duplicate filed with the registrar of property, and if the redemptioner has or acquires any lien other than that upon which the redemption was made, notice thereof shall in like manner be given to the marshal and filed with the registrar: and if such a notice is not filed, the property may be redeemed without paying such lien.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>If no redemption is made within 12 months after sale, the purchaser, or his assignee, is entitled to a conveyance; or if so redeemed, whenever 60 days have elapsed, and no other redemption has been made, and notice thereof given and the time for redemption has expired, the last redemptioner, or his assignee, is entitled to a marshal’s deed; but, in all cases, the judgment debtor shall have the entire period of 12 months from the date of the sale to redeem the property.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>If the judgment debtor redeems, he shall make the same payments as are required to effect a redemption by a redemptioner. If the debtor redeems, the effect of the sale is terminated and he is restored to his estate.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>Upon a redemption by the debtor, the person to whom the payment is made shall execute and deliver to him a certificate of redemption, acknowledged or proved before an officer authorized to take acknowledgments. The certificate shall be filed and recorded in the office of the registrar of property, and the registrar shall note the record thereof in the margin of the record of the certificate of sale.</content> </subsection> </section> <section> <num value="560">§ 560. </num> <heading>Redemption; persons to whom payments made; tender</heading> <content>The payments mentioned in sections 558 and 559 of this title may be made to the purchaser or redemptioner, or for him, to the officer who made the sale. A tender of the money is equivalent to payment.</content> </section> <section> <num value="561">§ 561. </num> <heading>Redemption; documents to be produced by redemptioner</heading> <chapeau>A redemptioner shall produce to the officer or person from whom he seeks to redeem and serve with his notice to the marshal making the sale, or his successor in office:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a copy of the docket of the judgment under which he claims the right to redeem, certified by the clerk of the court where the judgment is docketed; or, if he redeems upon a mortgage or other lien, a note of the record thereof, certified by the registrar;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a copy of any assignment necessary to establish his claim, verified by the affidavit of himself, or of a subscribing witness thereto; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>an affidavit by himself or his agent, showing the amount then actually due on the lien.</content> </paragraph> </section> <section> <num value="562">§ 562. </num> <heading>Restraining waste during period for redemption</heading> <content>Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgment creditor. But it is not waste for the person in possession of the property at the time of sale, or entitled to possession afterwards, during the period allowed for redemption, to continue to use it in the same manner in which it was previously used; or to use it in the ordinary course of husbandry; or to make the necessary repairs of buildings thereon; or to use wood or timber on the property therefor or for the repair of fences or for fuel for his family, while he occupies the property.</content> </section> <page identifier="/us/stat/76a/322">322</page> <section> <num value="563">§ 563. </num> <heading>Rents and profits</heading> <content>The purchaser from the time of the sale until a redemption, and a redemptioner from the time of his redemption until another redemption, is entitled to receive, from the tenant in possession, the rents of the property sold, or the value of the use and occupation thereof. But when any rents or profits have been received by the judgment creditor or purchaser, or his or their assigns, from the property thus sold preceding the redemption, the amounts of such rents and profits shall be a credit upon the redemption money to be paid; and if the redemptioner or judgment debtor, before the expiration of the time allowed for the redemption, demands in writing of the purchaser or creditor, or his assigns, a written and verified statement of the amounts of the rents and profits thus received, the period for redemption is extended five days after the sworn statement is given by the purchaser or his assigns, to the redemptioner or debtor. If the purchaser or his assigns shall, for a period of one month from and after demand, fail or refuse to give the statement, the redemptioner or debtor may bring an action in any court of competent jurisdiction, to compel an accounting and disclosure of the rents and profits, and until fifteen days from and after the final determination of the action, the right of redemption is extended to the redemptioner or debtor.</content> </section> <section> <num value="564">§ 564. </num> <heading>Eviction of purchaser or failure to obtain possession; revival of judgment</heading> <content>If the purchaser of real property sold on execution, or his successor in interest, is evicted therefrom in consequence of irregularities in the proceedings concerning the sale, or of the reversal or discharge of the judgment, he may recover the price paid, with interest, from the judgment creditor. If the purchaser of property at a marshal’s sale, or his successor in interest, fails to recover possession in consequence of irregularity in the proceedings concerning the sale, or because the property sold was not subject to execution and sale, the court having jurisdiction thereof shall, after notice and on motion of the party in interest, or his attorney, revive the original judgment in the name of the petitioner, for the amount paid by the purchaser at the sale, with interest thereon from the time of payment at the same rate that the original judgment bore; and the judgment so revived has the same force and effect as would an original judgment of the date of the revival, and no more.</content> </section> <section> <num value="565">§ 565. </num> <heading>Contribution among judgment debtors; repayment of surety</heading> <content>If property, liable to an execution against several persons, is sold thereon, and more than a due proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them, or one of them pays, without a sale, more than his proportion, he may compel contribution from the others; and when a judgment is against several, and is upon an obligation of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sale of his property or before sale, he may compel repayment from the principal. In such a case the person so paying or contributing is entitled to the benefit of the judgment, to enforce contribution or repayment, if, within 10 days after his payment, he files with the clerk of the court where the judgment was rendered, notice of his payment and claim to contribution or repayment. Upon a filing of the notice, the clerk shall make an entry thereof in the margin of the docket.</content> </section> <page identifier="/us/stat/76a/323">323</page> <section> <num value="566">§ 566. </num> <heading>Claims by third persons; filing of claim; undertaking by plaintiff</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If tangible or intangible personal property levied on, whether or not it is in the actual possession of the levying officer, is claimed by a third person as his property by a written claim verified by his oath or that of his agent, setting out the reasonable value thereof, his title and right to the possession thereof, and delivered, together with a copy thereof, to the officer making the levy, the officer shall release the property and the levy unless the plaintiff, or the person in whose favor the writ runs, within five days after written demand by the officer, gives the officer an undertaking executed by at least two good and sufficient sureties, in a sum equal to double the value of the property levied upon.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The undertaking shall be made in favor of and shall indemnify the third person against loss, liability, damages, costs and counsel fees, by reason of the levy or the seizing, taking, collecting, withholding, or sale of the property by the officer. Where the property levied upon is required by law to be registered or recorded in the name of the owner and it appears that at the time of the levy the defendant or judgment debtor was the registered or record owner of the property and the plaintiff, or the person in whose favor the writ runs, caused the levy to be made and maintained in good faith, and in reliance upon the registered or record ownership, there shall be no liability thereunder to the third person by the plaintiff, or the person in whose favor the writ runs, or his sureties, or the levying officer.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Exceptions to the sufficiency of the sureties and their justification may be had and taken in the same manner as upon an undertaking on attachment. If they, or others in their place, fail to justify at the time and place appointed, the officer shall release the property and the levy. If exception is not taken within five days after notice of receipt of the undertaking, the third person is deemed to have waived objections to the sufficiency of the sureties.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content class="inline"> <p class="inline">If objection is made to the undertaking, by the third person, on the ground that the amount thereof is not sufficient or if for any reason it becomes necessary to ascertain the value of the property involved, the property involved may be appraised by one or more disinterested persons, appointed for that purpose by the court in which the action is pending or from which the writ issued, or by a judge thereof, or the court or judge may direct a hearing to determine the value of the property.</p> <p class="indent0 firstIndent1 fontsize10">If, upon the appraisal or hearing, the court or judge finds that the undertaking given is not sufficient, an order shall be made fixing the amount of the undertaking. and within five days thereafter an undertaking in the amount so fixed may be given in the same form and manner and with the same effect as the original.</p> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>The officer making the levy may demand and exact the undertaking provided for in this section notwithstanding any defect, informality or insufficiency of the verified claim delivered to him. The officer is not liable for damages to a third person for the levy upon, or the collection, taking, keeping or sale of the property if a claim is not delivered as provided in this section, nor, in any event, is the officer liable for the levy upon, or the holding, release or other disposition of the property in accordance with the provisions of this section and section 567 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>If the undertaking is given, the levy shall continue and the officer shall retain any property in his possession for the purposes of the levy under the writ; except that if an undertaking is given under section 568 of this title, the property and the levy shall be released.</content> </subsection> </section> <page identifier="/us/stat/76a/324">324</page> <section> <num value="567">§ 567. </num> <heading>Same; hearing to determine title to property</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If a verified third party claim is delivered to the officer as provided by section 566 of this title upon levy of execution or attachment, whether an undertaking mentioned in that section is given or not, the plaintiff, or the person in whose favor the writ runs, the third party claimant, or any one or more joint third party claimants, is entitled to a hearing in the court in which the action is pending or from which the writ issued for the purpose of determining title to the property in question.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The hearing shall be granted by the court upon petition therefor filed within 10 days after the delivery of the third party claim to the officer. The hearing shall be had within 20 days from the filing of the petition, unless continued as herein provided. Ten days’ notice of the hearing shall be given to the officer, to the plaintiff or the person in whose favor the writ runs, and to the third party claimant, or their attorneys, specifying that the bearing is for the purpose of determining title to the property in question; but notice need not be given to the party filing the petition. The court may continue the hearing beyond the 24-day period, but good cause must be shown for any such continuance.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The court may order the sale of perishable property held by the officer and direct the disposition of the proceeds of the sale. The court may, by order, stay execution sale, or forbid a transfer or other disposition of the property involved, until the proceedings for the determination of the title may be commenced and prosecuted to termination, and may require, as a condition of the order, such bond as the court may deem necessary. The orders may be modified or vacated by the judge granting them, or by the court in which the proceeding is pending, at any tune prior to the termination of the proceedings, upon such terms as may be just.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>At the hearing had for the purpose of determining title, the third party claimant has the burden of proof. The third party claim delivered to the officer shall be filed by him with the court and shall constitute the pleading of the third party claimant, subject to the power of the court to permit an amendment in the interest of justice, and it is deemed controverted by the plaintiff or other person in whose favor the writ runs. This section does not deprive anybody of the right to a jury trial in any case where that right is given by law, but a jury trial may be waived in any such case in like manner as in the trial of an action. Findings are not required in any proceedings under this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>At the conclusion of the hearing the court shall give judgment determining the title to the property in question, which is conclusive as to the right of the plaintiff, or other person in whose favor the writ runs, to have the property levied upon, taken, or held, by the officer and to subject the property to payment or other satisfaction of his judgment. In the judgment the court may make all proper orders for the disposition of the property or the proceeds thereof. If the property or levy has been released by the officer for want of an undertaking and final judgment is for the plaintiff or other person in whose favor the writ runs, the officer shall retake or levy upon the property on the writ if the writ is still in his hands, or if the writ has been returned, another writ may be issued on which the officer may take or otherwise levy upon the property.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>An appeal lies from any judgment determining title under this section, to be taken in the manner provided for appeals from the court in which such proceeding is had.</content> </subsection> </section> <page identifier="/us/stat/76a/325">325</page> <section> <num value="568">§ 568. </num> <heading>Same; undertaking by claimant</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Where property levied upon under execution to satisfy a judgment for the payment of money is claimed, in whole or in part, by a third person, other than the judgment debtor, and an undertaking has been given by the judgment creditor as provided in section 566 of this title, the claimant may give an undertaking as provided in this section, which shall release the property described in the undertaking from the lien and levy of the execution.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The undertaking, with two sureties, shall be executed by the third person claiming in whole or in part the property upon which execution is levied in double the estimated value of the property claimed by the third person; except that in no case need the undertaking be for a greater sum than double the amount for which the execution is levied. Where the estimated value of the property claimed by the third person is less than the sum for which the execution is levied, the estimated value shall be stated in the undertaking and the undertaking shall be conditioned that if the property claimed by the third person is finally adjudged to be the property of the judgment debtor, the third person will pay of the judgment upon which execution has issued a sum equal to the value, as estimated in the undertaking, of the property claimed by the third person, and the property claimed shall be described in the undertaking.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The undertaking shall be filed in the action in which the execution issued and a copy thereof served upon the judgment creditor or his attorney in the action.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Within 10 days after the service of the copy of the undertaking, the judgment creditor may object to the undertaking on the ground of inability of the sureties, or either of them, to pay the sum for which they become bound in the undertaking, and upon the ground that the estimated value of property therein is less than the market value of the property claimed. The objection to the undertaking shall be made in writing, specifying the ground or grounds of objection, and if the objection is made to the undertaking that the estimated value therein is less than the market value of the property claimed, the objection shall specify the judgment creditor’s estimate of the market value of the property claimed. The written objection shall be served upon the third person giving the undertaking and claiming the property therein described.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>Exceptions to the sufficiency of the sureties and their justification may be had or taken in the same manner as upon an undertaking on attachment. If they, or others in their place, fail to justify at the time and place appointed, the officer shall not release the property. If objection is not taken as provided in this section, the judgment creditor is deemed to have waived objections to the sufficiency of the sureties.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>When objection is made to the undertaking upon the ground that the estimated value of the property claimed, as stated in the undertaking, is less than the market value of the property claimed, the third person may accept the estimated value stated by the judgment creditor in the objection, and a new undertaking may be at once filed with the judgment creditor’s estimate stated therein as the estimated value, and objection may not thereafter be made upon that ground. If the judgment creditor s estimate of the market value is not accepted, the value of the property shall be determined as provided in section 568 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>The sureties shall justify upon the undertaking as required by section 431 of Title 3.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <content>The undertaking shall become effective for the purpose herein specified 10 days after service of a copy thereof on the judgment <page identifier="/us/stat/76a/326">326</page> creditor, unless objection to the undertaking is made as herein provided, and if objection is made to the undertaking filed and served, then the undertaking shall become effective for such purposes when an undertaking is given as herein provided.</content> </subsection> </section> <section> <num value="569">§ 569. </num> <heading>Attachments and executions on mortgaged personal property</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Except as provided in subsection (b) of this section, before mortgaged personal property is taken under attachment or execution issued at the suit of a creditor of the mortgagor, the officer shall pay or tender to the mortgagee the amount of the mortgage debt and interest or deposit the amount thereof with the registrar of property, payable to the order of the mortgagee.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content class="inline"> <p class="inline">When an attachment or execution creditor presents to the officer a verified statement that the mortgage is void or invalid for reasons therein specified and delivers to the officer a good and sufficient indemnity bond in double the amount of the mortgage debt or double the value of the mortgaged property, as the officer may determine and require, the officer shall take the property, and, in the case of an execution, sell it in the manner provided by law.</p> <p class="indent0 firstIndent1 fontsize10">The bond shall be made to both the officer and the mortgagee and shall indemnify them and each of them for the taking of the property against loss, liability, damages, costs, and counsel fees.</p> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <chapeau>When the property is taken after payment or tender of deposit as provided for in subsection (a) of this section and is sold under process the officer shall apply the proceeds of the sale as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to the repayment of the sum paid to the mortgagee, with interest from the date of the payment; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the balance, if any, in like manner as the proceeds of sales under execution are applied in other cases.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <chapeau>When the property is taken after presentation to the officer of the verified statement and bond mentioned in subsection (b) of this section and is sold under process the officer shall apply the proceeds of the sale as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to the satisfaction of the amount specified in the process including interest and costs; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the balance, if any, in like manner as the proceeds of sales under execution are applied in other cases.</content> </paragraph> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Proceedings Supplemental to Execution</heading> <section> <num value="601">§ 601. </num> <heading>Examination of judgment debtor</heading> <content>When an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, issued to the marshal, is returned unsatisfied in whole or in part, the judgment creditor, at any time after the return is made, is entitled to an order from the judge of the court, requiring the judgment debtor to appear and answer concerning his property before the judge, or a referee appointed by him, at a time and place specified in the order.</content> </section> <section> <num value="602">§ 602. </num> <heading>Order for judgment debtor to appear; arrest; bail</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>After the issuing of an execution against property, and upon proof, by affidavit of a party or otherwise, to the satisfaction of the judge of the court that a judgment debtor has property which he unjustly refuses to apply toward the satisfaction of the judgment, the judge may, by an order, require the judgment debtor to appear at a specified time and place before the judge, or a referee appointed by him, to answer concerning the same; and such proceedings may thereupon be bad for the application of the property of the judgment debtor toward the satisfaction of the judgment as are provided upon the return of an execution.</content> </subsection> <page identifier="/us/stat/76a/327">327</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Instead of the order requiring the attendance of the judgment debtor, the judge may, upon affidavit of the judgment creditor, his agent or attorney, if it appears to him that there is danger of the debtor’s absconding, order the marshal to arrest the debtor and bring him before the judge. Upon being brought before the judge, the judgment debtor may be ordered to enter into an undertaking, with sufficient, surety, that he will attend from time to time before the judge or referee, as may be directed during the pendency of proceedings and until the final termination thereof, and will not in the meantime dispose of any portion of his property not exempt from execution. In default of entering into the undertaking he may be committed to jail.</content> </subsection> </section> <section> <num value="603">§ 603. </num> <heading>Payment by debtor of judgment debtor</heading> <content>After the issuing of an execution against property, and before its return, any person indebted to the judgment debtor may pay to the marshal the amount of his debt, or so much thereof as may be necessary to satisfy the execution; and the marshal’s receipt is a sufficient discharge for the amount so paid.</content> </section> <section> <num value="604">§ 604. </num> <heading>Examination of debtor of judgment debtor</heading> <content>After the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, and upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of the judgment debtor, or is indebted to him in an amount exceeding $50, the judge may, by an order, require the person or corporation, or any officer or member thereof, to appear at a specified time and place before him, or a referee appointed by him, and answer concerning the same.</content> </section> <section> <num value="605">§ 605. </num> <heading>Witnesses</heading> <content>Witnesses may be required to appear and testify before the judge or referee, upon any proceeding under this subchapter, in the same manner as upon the trial of an issue.</content> </section> <section> <num value="606">§ 606. </num> <heading>Order applying property toward satisfaction of judgment</heading> <content>The judge or referee may order any property of the judgment debtor, not exempt from execution, in the hands of the debtor, or any other person, or due to the judgment debtor, to be applied toward the satisfaction of the judgment; but an order may not be made as to money or property in the hands of any other person or claimed to be due from him to the judgment debtor, if the person claims an interest in the property adverse to the judgment debtor or denies the debt.</content> </section> <section> <num value="607">§ 607. </num> <heading>Third person claiming interest or denying debt; action by judgment creditor</heading> <content>If it appears that a person alleged to have property of the judgment debtor, or to be indebted to him, claims an interest in the property adverse to him, or denies the debt, the judgment creditor may maintain an action against that person for the recovery of the interest or debt; and the judge or referee may by order, forbid a transfer or other disposition of the interest or debt, until an action can be commenced and prosecuted to judgment. The order may be modified or vacated by the judge or referee granting it, or the court in which the action is brought, at any time, upon such terms as may be just.</content> </section> <section> <num value="608">§ 608. </num> <heading>Contempt</heading> <content>If any person, party, or witness disobeys an order of the referee, properly made, in the proceedings before him under this subchapter, he may be punished by the court or judge ordering the reference, for a contempt.</content> </section> </subchapter> <page identifier="/us/stat/76a/328">328</page> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Judgments Against Joint Debtors</heading> <section> <num value="631">§ 631. </num> <heading>Summoning unnerved joint debtors to show cause why they should not be bound by judgment</heading> <content>When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in section 169 of this title, those who were not originally served with the summons, and did not appear in the action, may be summoned to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons.</content> </section> <section> <num value="632">§ 632. </num> <heading>Form and service of summons</heading> <content>The summons specified in section 831 of this title shall describe the judgment, and require the person summoned to show cause why he should not be bound by it, and shall be served in the same manner, and be returnable within the same time, as the original summons. It is not necessary to file a new complaint.</content> </section> <section> <num value="633">§ 633. </num> <heading>Affidavit to accompany summons</heading> <content>The summons shall be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney that the judgment, or some part thereof, remains unsatisfied, and shall specify the amount due thereon.</content> </section> <section> <num value="634">§ 634. </num> <heading>Answer</heading> <content>Upon such a summons, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently; or he may deny his liability on the obligation upon which the judgment was recovered, by reason of any defense existing at the commencement of the action.</content> </section> <section> <num value="635">§ 635. </num> <heading>Pleadings</heading> <content>If the defendant, in his answer, denies the judgment, or sets up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the case; if he denies his liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer, constitute the written allegations, subject to the right of the parties to amend their pleadings as in other cases.</content> </section> <section> <num value="636">§ 636. </num> <heading>Trial; amount of verdict or decision</heading> <content>The issues formed may be tried as in other cases; but when the defendant denies, in his answer, any liability on the obligation upon which the judgment was rendered, if a verdict is found or a decision rendered against him, it may not be for an amount exceeding the amount remaining unsatisfied on the original judgment, with interest thereon.</content> </section> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Discharge of Persons Imprisoned on Civil Process</heading> <section> <num value="661">§ 661. </num> <heading>Persons confined on execution issued on judgment; conditions for discharge</heading> <content>Any person confined in jail, on an execution issued on a judgment rendered in a civil action, shall be discharged therefrom upon the conditions specified in this subchapter.</content> </section> <section> <num value="662">§ 662. </num> <heading>Notice of application for discharge</heading> <content>Such person must cause a notice in writing to be given to the plaintiff, his agent, or attorney, that at a certain time and place he will apply to the judge of the court from which the execution issued for the purpose of obtaining a discharge from his imprisonment.</content> </section> <page identifier="/us/stat/76a/329">329</page> <section> <num value="663">§ 663. </num> <heading>Service of notice</heading> <content>The notice must be served upon the plaintiff, his agent, or attorney, one day at least before the hearing of the application.</content> </section> <section> <num value="664">§ 664. </num> <heading>Examination before judge</heading> <content>At the time and place specified in the notice, the person shall be taken before the judge, who shall examine him under oath concerning his estate and property and effects, and the disposal thereof, and his ability to pay the judgment for which he is committed; and the judge may also hear any other legal and pertinent evidence that may be produced by the debtor or the creditor.</content> </section> <section> <num value="665">§ 665. </num> <heading>Written interrogatories to prisoner</heading> <content>The plaintiff in the action may, upon the examination, propose to the prisoner any interrogatories pertinent to the inquiry, and they shall, if required by him, be proposed and answered in writing, and the answer shall be signed and sworn to by the prisoner.</content> </section> <section> <num value="666">§ 666. </num> <heading>Oath of prisoner</heading> <content>If, upon the examination, the judge is satisfied that the prisoner is entitled to his discharge, he shall administer to him the following oath, to wit: <quotedContent> <p class="indentUp1 firstIndent1 fontsize10">“I, <fillIn style="font-family:monospace">---- -----</fillIn>, do solemnly swear that I have not any estate, real or personal, to the amount of $50, except such as is by law exempted from being taken in execution; and that I have not any other estate now conveyed or concealed, or in any way disposed of, with design to secure the same to my use, or to hinder, delay, or defraud my creditors, so help me God.”</p> </quotedContent> </content> </section> <section> <num value="667">§ 667. </num> <heading>Order for discharge</heading> <content>After administering the oath, the judge shall issue an order that the prisoner be discharged from custody, and the officer, upon the service of the order, shall discharge the prisoner forthwith, if he is imprisoned for no other cause.</content> </section> <section> <num value="668">§ 668. </num> <heading>Frequency of applications for discharge</heading> <content>If the judge does not discharge the prisoner, he may apply for his discharge at the end of every succeeding 10 days, in the same manner as above provided, and the same proceedings shall thereupon be had.</content> </section> <section> <num value="669">§ 669. </num> <heading>Finality of discharge</heading> <content>The prisoner, after being so discharged, is forever exempted from arrest or imprisonment for the same debt, unless he is convicted of having willfully sworn falsely upon his examination before the judge, or in taking the oath prescribed in section 666 of this title.</content> </section> <section> <num value="670">§ 670. </num> <heading>Judgment remains in force</heading> <content>The judgment against any prisoner who is discharged remains in full force against any estate which may then or at any time afterward belong to him, and the plaintiff may take out a new execution against the goods and estate of the prisoner, in like manner as if he had never been committed.</content> </section> <section> <num value="671">§ 671. </num> <heading>Discharge on order of plaintiff</heading> <content>The plaintiff in the action may at any time order the prisoner to be discharged, and he is not thereafter liable to imprisonment for the same cause of action.</content> </section> <section> <num value="672">§ 672. </num> <heading>Discharge on failure of plaintiff to pay for support of prisoner</heading> <content>If a person is committed to jail on an execution issued on a judgment recovered in a civil action, the creditor, his agent, or attorney shall advance to the jailer, on the commitment, sufficient money for <page identifier="/us/stat/76a/330">330</page> the support of the prisoner for one week, and shall make the like advance for every successive week of his imprisonment; and in case of failure to do so, the jailer shall forthwith discharge the prisoner from custody, and the discharge has the same effect as if made by order of the creditor.</content> </section> </subchapter> </chapter> <chapter> <num value="17">CHAPTER 17—</num><heading>PROCEDURE IN MAGISTRATES’ COURTS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>711.</designator> <label>Provisions applicable to magistrates’ courts.</label></referenceItem> <referenceItem role="section"><designator>712.</designator> <label>Rules of procedure in magistrates’ courts.</label></referenceItem> <referenceItem role="section"><designator>713.</designator> <label>Territorial limits of process.</label></referenceItem> <referenceItem role="section"><designator>714.</designator> <label>Filling blanks in summons and other papers.</label></referenceItem> <referenceItem role="section"><designator>715.</designator> <label>Receipt and disposition of money.</label></referenceItem> <referenceItem role="section"><designator>716.</designator> <label>Surety bonds and undertakings.</label></referenceItem> <referenceItem role="section"><designator>717.</designator> <label>Dockets.</label></referenceItem> <referenceItem role="section"><designator>718.</designator> <label>Computation of time.</label></referenceItem> <referenceItem role="section"><designator>719.</designator> <label>Service and tiling of pleadings and other papers; motions; notice of orders or judgments.</label></referenceItem> <referenceItem role="section"><designator>720.</designator> <label>Limitation of actions.</label></referenceItem> <referenceItem role="section"><designator>721.</designator> <label>Parties; appearance in person or by attorney; other provisions.</label></referenceItem> <referenceItem role="section"><designator>722.</designator> <label>Particular actions; miscellaneous provisions.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">commencement of actions; service of process</inline></label></referenceItem> <referenceItem role="section"><designator>741.</designator> <label>Commencement of action.</label></referenceItem> <referenceItem role="section"><designator>742.</designator> <label>Time for issuance of summons.</label></referenceItem> <referenceItem role="section"><designator>743.</designator> <label>Waiver of summons.</label></referenceItem> <referenceItem role="section"><designator>744.</designator> <label>Form of summons.</label></referenceItem> <referenceItem role="section"><designator>745.</designator> <label>Time for appearance of defendant.</label></referenceItem> <referenceItem role="section"><designator>746.</designator> <label>Alias summons.</label></referenceItem> <referenceItem role="section"><designator>747.</designator> <label>Service of summons.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">pleadings</inline></label></referenceItem> <referenceItem role="section"><designator>771.</designator> <label>Form of pleadings.</label></referenceItem> <referenceItem role="section"><designator>772.</designator> <label>Pleadings allowed; motions.</label></referenceItem> <referenceItem role="section"><designator>773.</designator> <label>Complaint.</label></referenceItem> <referenceItem role="section"><designator>774.</designator> <label>Motion to dismiss complaint.</label></referenceItem> <referenceItem role="section"><designator>775.</designator> <label>Answer; counterclaims.</label></referenceItem> <referenceItem role="section"><designator>776.</designator> <label>Failure to set up counterclaim.</label></referenceItem> <referenceItem role="section"><designator>777.</designator> <label>Motion to strike answer; objections and defenses to answer.</label></referenceItem> <referenceItem role="section"><designator>778.</designator> <label>Proceedings on motions.</label></referenceItem> <referenceItem role="section"><designator>779.</designator> <label>Amendment of pleadings.</label></referenceItem> <referenceItem role="section"><designator>780.</designator> <label>Admission of genuineness of documents contained in pleadings.</label></referenceItem> <referenceItem role="section"><designator>781.</designator> <label>Order for inspection of account or document.</label></referenceItem> <referenceItem role="section"><designator>782.</designator> <label>Signing and verification of pleadings.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">provisional remedies</inline></label></referenceItem> <referenceItem role="article"><designator>Article A—</designator><label>Civil Arrest and Ball</label></referenceItem> <referenceItem role="section"><designator>801.</designator> <label>Order of arrest; grounds for arrest.</label></referenceItem> <referenceItem role="section"><designator>802.</designator> <label>Affidavit and undertaking for order of arrest.</label></referenceItem> <referenceItem role="section"><designator>803.</designator> <label>Arrested defendant taken before magistrate; bail.</label></referenceItem> <referenceItem role="section"><designator>804.</designator> <label>Notice of arrest to plaintiff.</label></referenceItem> <referenceItem role="section"><designator>805.</designator> <label>Custody of defendant.</label></referenceItem> <referenceItem role="article"><designator>Article B—</designator><label>Claim and Delivery of Personal Property</label></referenceItem> <referenceItem role="section"><designator>821.</designator> <label>Procedure for claim and delivery.</label></referenceItem> <referenceItem role="article"><designator>Article C—</designator><label>Attachment</label></referenceItem> <referenceItem role="section"><designator>831.</designator> <label>Actions in which attachment authorized; affidavit.</label></referenceItem> <referenceItem role="section"><designator>832.</designator> <label>Undertaking on attachment; exceptions to sureties.</label></referenceItem> <referenceItem role="section"><designator>833.</designator> <label>Direction and command of writ; more than one defendant; service outside subdivision.</label></referenceItem> <referenceItem role="section"><designator>834.</designator> <label>Application of other provisions.</label></referenceItem> <page identifier="/us/stat/76a/331">331</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">trial</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>861.</designator> <label>Notice of trial or hearing.</label></referenceItem> <referenceItem role="section"><designator>862.</designator> <label>Time for commencement of trial.</label></referenceItem> <referenceItem role="section"><designator>863.</designator> <label>Postponement by court.</label></referenceItem> <referenceItem role="section"><designator>864.</designator> <label>Postponement by consent.</label></referenceItem> <referenceItem role="section"><designator>865.</designator> <label>Postponement on application of party.</label></referenceItem> <referenceItem role="section"><designator>866.</designator> <label>Adjournment; undertaking.</label></referenceItem> <referenceItem role="section"><designator>867.</designator> <label>Mode of trial of issues.</label></referenceItem> <referenceItem role="section"><designator>868.</designator> <label>Evidence.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vi</inline>—</designator><label><inline class="smallCaps">judgment</inline></label></referenceItem> <referenceItem role="section"><designator>891.</designator> <label>Default judgment.</label></referenceItem> <referenceItem role="section"><designator>892.</designator> <label>Judgment of dismissal without prejudice.</label></referenceItem> <referenceItem role="section"><designator>893.</designator> <label>Judgment of dismissal for failure to bring to trial.</label></referenceItem> <referenceItem role="section"><designator>894.</designator> <label>Affirmative judgment for defendant on counterclaim.</label></referenceItem> <referenceItem role="section"><designator>895.</designator> <label>Remission of amount exceeding jurisdiction.</label></referenceItem> <referenceItem role="section"><designator>896.</designator> <label>Time for entry of judgment.</label></referenceItem> <referenceItem role="section"><designator>897.</designator> <label>Form and entry of judgment; arrest; notice of judgment.</label></referenceItem> <referenceItem role="section"><designator>898.</designator> <label>Abstract of judgment.</label></referenceItem> <referenceItem role="section"><designator>899.</designator> <label>Relief from judgment or order; clerical mistakes; harmless error.</label></referenceItem> <referenceItem role="section"><designator>900.</designator> <label>Confession of judgment or submission of controversy without action.</label></referenceItem> <referenceItem role="section"><designator>901.</designator> <label>Offer of judgment before trial.</label></referenceItem> <referenceItem role="section"><designator>902.</designator> <label>Other provisions governing judgments.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vii</inline>—</designator><label><inline class="smallCaps">execution</inline></label></referenceItem> <referenceItem role="section"><designator>921.</designator> <label>Time for issuance of execution.</label></referenceItem> <referenceItem role="section"><designator>922.</designator> <label>Stay of execution.</label></referenceItem> <referenceItem role="section"><designator>923.</designator> <label>Contents of execution.</label></referenceItem> <referenceItem role="section"><designator>924.</designator> <label>Renewal of execution.</label></referenceItem> <referenceItem role="section"><designator>925.</designator> <label>Duty of constable; execution of writ.</label></referenceItem> <referenceItem role="section"><designator>926.</designator> <label>Proceedings supplemental to execution.</label></referenceItem> <referenceItem role="section"><designator>927.</designator> <label>Discharge of persona imprisoned on civil process.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter viii</inline>—</designator><label><inline class="smallCaps">appeals to district court</inline></label></referenceItem> <referenceItem role="section"><designator>951.</designator> <label>Time for appeal; notice of appeal.</label></referenceItem> <referenceItem role="section"><designator>952.</designator> <label>Appeal on question of law.</label></referenceItem> <referenceItem role="section"><designator>953.</designator> <label>Appeal on questions of fact, or law and fact; trial de novo.</label></referenceItem> <referenceItem role="section"><designator>954.</designator> <label>Filing of papers on appeal; benefit of legal objections.</label></referenceItem> <referenceItem role="section"><designator>955.</designator> <label>undertaking on appeal.</label></referenceItem> <referenceItem role="section"><designator>956.</designator> <label>Filing of undertaking; exception to and justification of sureties.</label></referenceItem> <referenceItem role="section"><designator>957.</designator> <label>Stay of proceedings on filing undertaking.</label></referenceItem> <referenceItem role="section"><designator>958.</designator> <label>Powers of district court on appeal.</label></referenceItem> <referenceItem role="section"><designator>959.</designator> <label>Dismissal of appeal for failure to bring to trial.</label></referenceItem> <referenceItem role="section"><designator>960.</designator> <label>Dismissal of appeal; return of papers; jurisdiction of magistrate.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="711">§ 711. </num> <heading>Provisions applicable to magistrates’ courts</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Magistrates’ courts being courts of limited jurisdiction, this title, other than this chapter, applies to magistrates’ courts and the proceedings therein only to the extent to which it is specifically made applicable by this chapter.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>The Federal Rules of Civil Procedure do not apply to magistrates’ courts unless:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>they are incorporated by reference in a section of this title and the section is applicable to the magistrates’ courts under this chapter; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>they are specifically made applicable by this chapter.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>When a provision of law or of the Federal Rules of Civil Procedure governing the district court is applicable to the magistrates’ courts, references therein to the court or judge shall be deemed to refer to the magistrate; references to the marshal shall be deemed to refer to the constable; and references to the clerk of the district court shall be deemed to refer to the magistrate. With respect to the Federal Rules of Civil Procedure, the provisions of subsection (b) of section 1 of this title apply.</content> </subsection> </section> <page identifier="/us/stat/76a/332">332</page> <section> <num value="712">§ 712. </num> <heading>Rules of procedure in magistrates’ courts</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The district court may from time to time make and amend rules governing civil procedure in the magistrates’ courts not inconsistent with law.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Each magistrate may from time to time make and amend rules governing civil procedure in his court not inconsistent with law or with the rules adopted by the district court under subsection (a) of this section. Copies of rules and amendments so made by a magistrate shall be filed promptly with the district court.</content> </subsection> </section> <section> <num value="713">§ 713. </num> <heading>Territorial limits of process</heading> <content>All process of magistrates’ courts may be served anywhere within the territorial limits of the Canal Zone and, when a statute so provides, beyond the territorial limits of the Canal Zone.</content> </section> <section> <num value="714">§ 714. </num> <heading>Filling blanks in summons and other papers</heading> <content>The summons, execution, and every other paper made or issued by a magistrate’s court, except a subpoena, shall be issued without a blank left to be filled by another, otherwise it is void.</content> </section> <section> <num value="715">§ 715. </num> <heading>Receipt and disposition of money</heading> <content>Magistrates shall receive from the constables all money collected on any process or order issued from their courts, and shall pay it, and all money paid to them in their official capacity, over to the parties entitled or authorized to receive it, without delay.</content> </section> <section> <num value="716">§ 716. </num> <heading>Surety bonds and undertakings</heading> <content>Chapter 11 of Title 3, relating to surety bonds and undertakings, applies in civil actions in the magistrates’ courts.</content> </section> <section> <num value="717">§ 717. </num> <heading>Dockets</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Each magistrate shall keep a book, denominated a “docket,” in which he shall enter:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the title of every action or proceeding;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the object of the action or proceeding; and if a sum of money is claimed, the amount thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the date of the summons, and the time of its return; and if an order to arrest the defendant is made, or a writ of attachment is issued, a statement of the fact;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the time when the parties, or either of them, appear, or their nonappearance, if default is made; a minute of the pleadings and motions; if in writing, referring to them; if not in writing, a concise statement of the material parts of the pleadings;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>every adjournment, stating on whose application and to what time;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the judgment of the court, specifying the costs included and the time when rendered;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the issuing of the execution, when issued and to whom; the renewals thereof, if any, and when made, and a statement of any money paid to the magistrate, when and by whom; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>the receipt of a notice of appeal, if any is given, and of the appeal bond.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The several particulars specified in subsection (a) of this section shall be entered under the title of the action to which they relate, and, unless otherwise provided, at the time when they occur. The entries in a magistrate’s docket, or a transcript thereof, certified by the magistrate, or his successor in office, are prima facie evidence of the facts so stated.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>A magistrate shall keep an alphabetical index to his docket, in which shall be entered the names of the parties to each judgment, with a reference to the page of entry. The names of the plaintiffs shall be entered in the index, in the alphabetical order of the first letter of the family name.</content> </subsection> </section> <page identifier="/us/stat/76a/333">333</page> <section> <num value="718">§ 718. </num> <heading>Computation of time</heading> <content>Rule 6(a) of the Federal Rules of Civil Procedure applies to the computation of time in civil actions in the magistrates’ courts.</content> </section> <section> <num value="719">§ 719. </num> <heading>Service and filing of pleadings and other papers; motions; notice of orders or judgments</heading> <chapeau>The following provisions of the Federal Rules of Civil Procedure apply to the magistrates’ courts:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Rule 5, relating to the service and filing of pleadings and other papers;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Rule 6(d), relating to the time for service of motions and affidavits;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Rule 6(e), relating to additional time after service by mail;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Rule 7(b)(1), relating to motions; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Rule 77(d), relating to notice of orders or judgments.</content> </paragraph> </section> <section> <num value="720">§ 720. </num> <heading>Limitation of actions</heading> <content>Sections 41–45 and 71–82 of this title apply to the magistrates’ courts to the extent to which they refer to the limitation of actions which are within the jurisdiction of the magistrates’ courts.</content> </section> <section> <num value="721">§ 721. </num> <heading>Parties; appearance in person or by attorney; other provisions</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Parties in magistrates’ courts may appear and act in person or by attorney. A corporation may appear and act only by an attorney at law.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Sections 121–130 of this title and Rules 17–25 of the Federal Rules of Civil Procedure apply to the magistrates’ courts.</content> </subsection> </section> <section> <num value="722">§ 722. </num> <heading>Particular actions; miscellaneous provisions</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Part 2 of this title, relating to particular proceedings, applies to magistrates’ courts only as specifically provided therein.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Sections 3–9 of this title apply to the magistrates’ courts.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Commencement of Actions; Service of Process</heading> <section> <num value="741">§ 741. </num> <heading>Commencement of action</heading> <content>An action in a magistrate’s court is commenced by filing a complaint.</content> </section> <section> <num value="742">§ 742. </num> <heading>Time for issuance of summons</heading> <content>The court shall indorse on the complaint the date upon which it was feed, and at any time within one year thereafter the plaintiff may have summons issued.</content> </section> <section> <num value="743">§ 743. </num> <heading>Waiver of summons</heading> <content>At any time after the complaint is filed, the defendant may, in writing, or by appearing and pleading, waive the issuing of summons.</content> </section> <section> <num value="744">§ 744. </num> <heading>Form of summons</heading> <chapeau>The summons shall be directed to the defendant, signed by the magistrate, and shall contain:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the title of the court, name of the subdivision in which the action is brought, and the names of the parties thereto;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a direction that the defendant appear and answer before the magistrate, as specified in section 743 of this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a notice that unless the defendant so appears and answers, the plaintiff will take judgment for any money or damages demanded in the complaint, as arising upon contract, or will apply to the court for the relief demanded in the complaint; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the name of plaintiff’s attorney, if he appears by attorney.</content> </paragraph> </section> <page identifier="/us/stat/76a/334">334</page> <section> <num value="745">§ 745. </num> <heading>Time for appearance of defendant</heading> <chapeau>The time specified in the summons for the appearance of the defendant shall be as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if an order of arrest is indorsed upon the summons, forthwith;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in all other cases, within 5 days, if the summons is served in the subdivision in which the action is brought; within 10 days, if served in another subdivision.</content> </paragraph> </section> <section> <num value="746">§ 746. </num> <heading>Alias summons</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If the summons is returned without being served upon any or all of the defendants, or if it has been lost, the magistrate, upon the demand of the plaintiff, may issue an alias summons, in the same form as the original, except that he may fix the time for the appearance of the defendant at a period not to exceed 90 days from its date.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The magistrate may, within a year from the date of the filing of the complaint, issue as many alias summonses as may be demanded by the plaintiff.</content> </subsection> </section> <section> <num value="747">§ 747. </num> <heading>Service of summons</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The summons may be served by the constable of any magistrate’s court or by any other person of the age of 18 years or over not a party to the action.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Sections 161–170 and 713 of this title and subdivisions (d), (e), (g), and (h) of Rule 4 of the Federal Rules of Civil Procedure apply to the service and return of summons of the magistrates’ courts.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Pleadings</heading> <section> <num value="771">§ 771. </num> <heading>Form of pleadings</heading> <chapeau>Pleadings in magistrates’ courts:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>are not required to be in any particular form, but shall be such as to enable a person of common understanding to know what is intended;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>may except the complaint, be oral or in writing;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>need not be verified, unless otherwise provided in this chapter;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>if in writing, shall be filed with the magistrate; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>if oral, shall be entered in substance in the docket.</content> </paragraph> </section> <section> <num value="772">§ 772. </num> <heading>Pleadings allowed; motions</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>The pleadings are:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the complaint by the plaintiff; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the answer by the defendant.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Demurrers to the complaint or to the answer may not be used. In lieu thereof, the defendant may make a motion to dismiss the complaint or the plaintiff may make a motion to strike the answer.</content> </subsection> </section> <section> <num value="773">§ 773. </num> <heading>Complaint</heading> <content>The complaint in magistrates’ courts is a concise statement, in writing, of the facts constituting the plaintiff’s cause of action; or a copy of the account, note, bill, bond, or instrument upon which the action is based.</content> </section> <section> <num value="774">§ 774. </num> <heading>Motion to dismiss complaint</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>At any time before answering, the defendant may make a motion to dismiss the complaint, asserting any of the following defenses or objections which appear upon the face of the complaint:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>lack of jurisdiction over the subject matter;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>lack of jurisdiction over the person;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>improper venue;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>insufficiency of process;</content> </paragraph> <page identifier="/us/stat/76a/335">335</page> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>insufficiency of service of process;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>failure to state a claim upon which relief can be granted;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>failure to join an indispensable party; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>that the complaint is so vague or ambiguous that the defendant cannot reasonably be required to frame an answer.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The motion to dismiss shall distinctly specify the grounds upon which any of the defenses or objections to the complaint are taken. The defenses or objections may be taken to the whole complaint or to any claim for relief stated therein.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Any defense or objection to the complaint which may be made by motion to dismiss, other than that it is so vague and ambiguous that the defendant cannot reasonably be required to frame an answer, may be made either by motion to dismiss or in the answer, at the option of the defendant.</content> </subsection> </section> <section> <num value="775">§ 775. </num> <heading>Answer; counterclaims</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The answer may contain a denial of any or all of the material facts stated in the complaint, which the defendant believes to be untrue, and also a statement, in a plain and direct manner, of any other facts constituting a defense or a counterclaim upon which an action might be brought by the defendant against the plaintiff, or his assignor, in a magistrate’s court.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 202 of this title, relating to counterclaims in case of death or assignment, applies to the magistrates’ courts.</content> </subsection> </section> <section> <num value="776">§ 776. </num> <heading>Failure to set up counterclaim</heading> <content>If the defendant omits to set up, as a counterclaim, a claim which arises out of the transaction or occurrence that is the subject matter of the plaintiff’s claim, and does not require for its adjudication the presence of third parties of whom the court can not acquire jurisdiction, and upon which an action might have been brought in the magistrate’s court by the defendant against the plaintiff or his assignor, neither the defendant nor his assignee may afterwards maintain an action against the plaintiff therefor.</content> </section> <section> <num value="777">§ 777. </num> <heading>Motion to strike answer; objections and defenses to answer</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>When the answer contains new matter in avoidance, or constituting a defense or a counterclaim, the plaintiff may, at any time before the trial, make a motion to strike the answer for insufficiency, stating therein the grounds of the motion.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Whether or not the plaintiff makes a motion to strike the answer, the averments in the answer shall be taken as denied or avoided, and the plaintiff may assert at the trial any objection or defense in law or in fact to the answer.</content> </subsection> </section> <section> <num value="778">§ 778. </num> <heading>Proceedings on motions</heading> <chapeau>The proceedings on motions are as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the motion to dismiss the complaint is granted, the plaintiff may amend his complaint within such time, not exceeding two days, as the court allows;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if the motion to dismiss the complaint is denied, the defendant may answer forthwith;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the motion to strike the answer is granted, the defendant may amend his answer within such time, not exceeding two days, as the court allows; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>if the motion to strike the answer is denied, the action shall proceed as if no motion had been interposed.</content> </paragraph> </section> <page identifier="/us/stat/76a/336">336</page> <section> <num value="779">§ 779. </num> <heading>Amendment of pleadings</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>At any time before the conclusion of the trial, either party may amend any pleading. If the amendment is made after the issue, and it appears to the satisfaction of the court, by oath, that an adjournment is necessary to the adverse party in consequence of the amendment, the adjournment shall be granted. When an adjournment is granted, the court may also require the payment of costs to the adverse party as a condition to the allowance of the amendment made after issue is joined.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>When a pleading is amended, the adverse party may answer or make a motion with respect to it within such time as the court allows, not exceeding five days after notice of the amendment.</content> </subsection> </section> <section> <num value="780">§ 780. </num> <heading>Admission of genuineness of documents contained in pleadings</heading> <content>If the complaint or answer contains a copy or consists of the original of the written obligation upon which the action is brought or the defense founded, the genuineness and due execution of the instrument are deemed admitted, unless the answer denying the same is verified, or unless the plaintiff, within two days after the service on him of the answer, files with the magistrate an affidavit denying the same, and serves a copy thereof on the defendant.</content> </section> <section> <num value="781">§ 781. </num> <heading>Order for inspection of account or document</heading> <content>When the cause of action or counterclaim arises upon an account or instrument for the payment of money only, the court, at any time before the trial, may order the original to be exhibited to the inspection of, and a copy to be furnished to, the adverse party, at such time as may be fixed in the order. If the order is not obeyed, the account or instrument may not be given in evidence.</content> </section> <section> <num value="782">§ 782. </num> <heading>Signing and verification of pleadings</heading> <content>Rule 11 of the Federal Rules of Civil Procedure applies to the signing and verification of written pleadings in the magistrates’ courts.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Provisional Remedies</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">Civil Arrest and Bail</heading> <section> <num value="801">§ 801. </num> <heading>Order of arrest; grounds for arrest</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A person may not be arrested in a civil action in a magistrate’s court, except as prescribed in this Code.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>An order to arrest the defendant may be indorsed by the magistrate on a summons and the defendant may be arrested thereon by the constable at the time of serving the summons, and brought before the magistrate, and there detained until duly discharged:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the Canal Zone with intent. to defraud his creditors;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by one who received it in a fiduciary capacity;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>when the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>when the defendant has removed concealed, or disposed of his property, or is about to do so, with intent to defraud his creditors.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/76a/337">337</page> <section> <num value="802">§ 802. </num> <heading>Affidavit and undertaking for order of arrest</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Before an order for an arrest is made, the party applying shall prove to the satisfaction of the magistrate by the affidavit of himself, or another person, the facts upon which the application is founded.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The plaintiff shall also execute and deliver to the magistrate a written undertaking in the sum of $300, with sufficient sureties, to the effect that the plaintiff will pay all costs that may be adjudged to the defendant, and all damages which he may sustain by reason of the arrest, if the arrest is wrongful, or without sufficient cause, not exceeding the sum specified in the undertaking.</content> </subsection> </section> <section> <num value="803">§ 803. </num> <heading>Arrested defendant taken before magistrate; bail</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The defendant, immediately upon being arrested, shall be taken before the magistrate who made the order. If the magistrate is absent or unable to try the action or disqualified, the officer shall immediately take the defendant before the magistrate of another subdivision, who shall take jurisdiction of the action and proceed thereon, as if the summons had been issued and the order of arrest made by him.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The defendant shall be discharged from arrest upon giving bail in, or upon depositing, an amount fixed by the magistrate, and sections 248–265 of this title apply.</content> </subsection> </section> <section> <num value="804">§ 804. </num> <heading>Notice of arrest to plaintiff</heading> <content>The officer making the arrest shall immediately give notice thereof to the plaintiff, or his attorney or agent, and indorse on the summons, and subscribe a certificate, stating the time of serving the same, the time of the arrest, and of his giving notice to the plaintiff.</content> </section> <section> <num value="805">§ 805. </num> <heading>Custody of defendant</heading> <content>The officer making the arrest shall keep the defendant in custody until he is discharged by law.</content> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Claim and Delivery of Personal Property</heading> <section> <num value="821">§ 821. </num> <heading>Procedure for claim and delivery</heading> <content>In an action to recover possession of personal property, the plaintiff may, at the time of issuing summons or at any time thereafter before answer, claim the delivery of the property to him. Sections 292–304 of this title apply to the claim when made in magistrates’ courts.</content> </section> </article> <article> <num class="bold" value="C">Article C—</num><heading class="bold">Attachment</heading> <section> <num value="831">§ 831. </num> <heading>Actions in which attachment authorized; affidavit</heading> <content>A writ to attach the property of the defendant shall be issued by the magistrate at the time of or after issuing summons in actions in which the sum claimed exclusive of interest exceeds $25, on receiving an affidavit by or on behalf of the plaintiff, showing the same facts as are required to be shown by the affidavit specified in section 342 of this title.</content> </section> <section> <num value="832">§ 832. </num> <heading>Undertaking on attachment; exceptions to sureties</heading> <content class="inline"> <p class="inline">Before issuing the writ, the magistrate shall require a written undertaking on the part of the plaintiff, with two or more sufficient sureties, in a sum not less than $50 nor more than $300, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking.</p> <p class="indent0 firstIndent1 fontsize10">At any time after the issuing of the attachment, but not later than five days after the notice of its levy, the defendant may except to the <page identifier="/us/stat/76a/338">338</page> sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When excepted to they shall justify in the manner and within the time provided in section 343 of this title, otherwise the magistrate shall order the writ of attachment vacated.</p> </content> </section> <section> <num value="833">§ 833. </num> <heading>Direction and command of writ; more than one defendant; service outside subdivision</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The writ shall be directed to the constable and require him to attach and safely keep all the property of the defendant not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff’s demand against the defendant, the amount of which shall be stated in conformity with the complaint, unless the defendant, whose property has been or is about to be attached, gives him security by the undertaking of two sufficient sureties in an amount sufficient to satisfy the demand against the defendant besides costs; in which case to take such undertaking.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the action is against more than one defendant, any defendant whose property has been or is about to be attached may give the constable the undertaking, and the constable shall take the same, and the undertaking shall not subject the defendant to or be answerable for any demand against any other defendant, nor shall the constable thereby be prevented from attaching or be obliged to release from attachment, any property of any other defendant. The defendant, at the time of giving the undertaking to the constable, shall file with the constable a statement duly verified under oath, wherein he shall aver and declare that the other defendant or defendants in the action in which the undertaking was given has or have not any interest or claim of any nature whatsoever in or to the property. The statement shall further contain the character of the defendant’s title and the manner in which he acquired title to the attached property.</content> </subsection> </section> <section> <num value="834">§ 834. </num> <heading>Application of other provisions</heading> <content>Sections 345–364 of this title apply to attachments issued in magistrates’ courts. For this purpose, the reference in section 346 to the undertaking provided for by section 344 of this title shall be deemed to refer to the undertaking provided for by section 833 of this title.</content> </section> </article> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Trial</heading> <section> <num value="861">§ 861. </num> <heading>Notice of trial or hearing</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>When all parties served with process have appeared, or some of them have appeared and the remaining defendants have made default, the magistrate shall fix the day for the trial of the cause or hearing on a motion, and give notice thereof to the parties who have appeared.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content class="inline"> <p class="inline">The notice shall be in writing, signed by the magistrate, and in substantially the following form:</p> <p class="indentUp1 firstIndent1 fontsize10">In the Magistrate’s Court, Subdivision of <fillIn style="font-family:monospace">----</fillIn>, Canal Zone. <fillIn style="font-family:monospace">----</fillIn> plaintiff, v. <fillIn style="font-family:monospace">----</fillIn> defendant</p> <p class="indentUp1 firstIndent1 fontsize10">To <fillIn style="font-family:monospace">----</fillIn> plaintiff, or <fillIn style="font-family:monospace">----</fillIn> attorney for plaintiff, and to <fillIn style="font-family:monospace">----</fillIn> defendant, or <fillIn style="font-family:monospace">----</fillIn> attorney for defendant:</p> <p class="indentUp1 firstIndent1 fontsize10">You and each of you will please take notice that the undersigned magistrate before whom the above-entitled cause is pending, has set for hearing the motion of <fillIn style="font-family:monospace">----</fillIn>, filed in said cause (or has set the said cause for trial, as the case may be), before me at <fillIn style="font-family:monospace">----</fillIn>, at <fillIn style="font-family:monospace">----</fillIn> o’clock <fillIn style="font-family:monospace">-</fillIn>m., on the <fillIn style="font-family:monospace">----</fillIn> day of <fillIn style="font-family:monospace">----</fillIn>, 19<fillIn style="font-family:monospace">-</fillIn>.</p> <p class="indentUp1 firstIndent1 fontsize10">Dated this <fillIn style="font-family:monospace">----</fillIn> day of <fillIn style="font-family:monospace">----</fillIn>, 19<fillIn style="font-family:monospace">-</fillIn>.</p> <p class="rightAlign">(Signed) <fillIn style="font-family:monospace">---- -----</fillIn>,</p> <p class="rightAlign">Magistrate.</p> </content> </subsection> <page identifier="/us/stat/76a/339">339</page> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The notice shall be served upon all parties who have appeared in the manner provided by section 710 of this title. It shall be served at least 10 days before the trial or hearing if served by mail, and at least 5 days before the trial or hearing if personally served.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The magistrate shall enter on his docket the date of trial or hearing. When the notice is served by mail the magistrate shall enter on his docket the date of mailing, and the entry shall be prima facie evidence of the fact of service.</content> </subsection> </section> <section> <num value="862">§ 862. </num> <heading>Time for commencement of trial</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Unless postponed, as provided in this subchapter, or unless transferred to another subdivision, the trial of the action shall commence at the expiration of one hour from the time specified in the notice provided for by section 861 of this title, and be continued, without adjournment for more than 24 hours at any one time, until all the issues therein are disposed of.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The parties are entitled to one hour in which to appear after the time fixed in the notice mentioned in section 861 of this title, but are not bound to remain longer than that time unless both parties have appeared and the magistrate being present is engaged in the trial of another cause.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>If either party fails to appear at the time fixed for trial, the trial may proceed at the request of the adverse party.</content> </subsection> </section> <section> <num value="863">§ 863. </num> <heading>Postponement by court</heading> <chapeau>The court may, of its own motion, postpone the trial:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for not more than one day, if, at the time fixed by law or by an order of the court for the trial, the court is engaged in the trial of another action; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for not more than two days, if, by an amendment of the pleadings, or the allowance of time to make an amendment or to plead, a postponement is rendered necessary.</content> </paragraph> </section> <section> <num value="864">§ 864. </num> <heading>Postponement by consent</heading> <content>By consent of the parties given in writing or in open court, the court may postpone the trial toe time agreed upon by the parties.</content> </section> <section> <num value="865">§ 865. </num> <heading>Postponement on application of party</heading> <chapeau>The trial may be postponed upon the application of either party, for a period not more than four months, under the following conditions:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The party making the application shall prove, by his own oath or otherwise, that he cannot, for want of material testimony which he expects to procure, safely proceed to trial, and shall show in what respect the testimony expected is material, and that he has used due diligence to procure it and has been unable to do so.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>If the application is on the part of the plaintiff, and the defendant is under arrest, a postponement for more than three hours discharges the defendant from custody, but the action may proceed notwithstanding, and the defendant is subject to arrest on execution in the same manner as if he had not been discharged.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>If the application is on the part of a defendant under arrest, before it can be granted he shall execute an undertaking, with two or more sufficient sureties, to be approved by, and in a sum to be fixed by, the magistrate, to the effect that he will render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein; or that the sureties will pay to the plaintiff the amount of any judgment which he may recover in the action, not exceeding the amount specified in the undertaking. When the undertaking is filed, the magistrate shall order the defendant to be discharged from custody.</content> </paragraph> <page identifier="/us/stat/76a/340">340</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The party making the application shall, if required by the adverse party, consent that the testimony of any witness of the adverse party, who is in attendance, may be then taken by deposition before the magistrate, and that the testimony so taken may be read on the trial, with the same effect, and subject to the same objection, as if the witness was produced.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>The court may require the party making the application to state, upon affidavit, the evidence which he expects to obtain; and if the adverse party thereupon admits that such evidence would be given, and that it be considered as actually given on the trial, or offered and overruled as improper, the trial may not be postponed.</content> </paragraph> </section> <section> <num value="866">§ 866. </num> <heading>Adjournment; undertaking</heading> <content>Unless by consent, an adjournment may not be granted for a period longer than 10 days, upon the application of either party, except upon condition that that party file an undertaking, in an amount fixed by the magistrate, with two sureties to be approved by the magistrate, to the effect that he will pay to the opposite party the amount of any judgment which may be recovered against the party applying, not exceeding the sum specified in the undertaking.</content> </section> <section> <num value="867">§ 867. </num> <heading>Mode of trial of issues</heading> <content>Issues of law and issues of fact shall both be tried by the court.</content> </section> <section> <num value="868">§ 868. </num> <heading>Evidence</heading> <content>Part 3 of this titles relating to evidence, applies to the magistrates’ courts unless otherwise specifically provided therein.</content> </section> </subchapter> <subchapter> <num class="bold" value="VI">Subchapter VI—</num><heading class="bold">Judgment</heading> <section> <num value="891">§ 891. </num> <heading>Default judgment</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>If the defendant fails to appear and to answer or move to dismiss the complaint within the time specified in the summons, then, upon proof of service of summons:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the action is based upon a contract, and is for the recovery of money or damages only, the court shall render judgment in favor of plaintiff for the sum specified in the summons; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in all other actions the court shall hear the evidence offered by the plaintiff and render judgment in his favor for such sum not exceeding the amount stated in the summons, as appears by the evidence to be just.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>In the following cases the same proceedings shall be had and judgment rendered in like manner as if the defendant had failed to appear and answer or move to dismiss the complaint:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the complaint has been amended, and the defendant fails to answer it, as amended, within the time allowed by the court;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if the motion to dismiss the complaint is denied, and the defendant fails to answer within the time allowed by the court, not to exceed five days; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the motion to strike the answer is granted, and the defendant fails to amend the answer within the time allowed by the court.</content> </paragraph> </subsection> </section> <section> <num value="892">§ 892. </num> <heading>Judgment of dismissal without prejudice</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Judgment that the action be dismissed, without prejudice to a new action, may be entered with costs, in the following cases:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>when the plaintiff voluntarily dismisses the action before it is finally submitted; or fails to prosecute the action to judgment with reasonable diligence;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when the plaintiff fails to appear at the time fixed for trial or hearing, or at the time to which the action has been postponed, or within one hour thereafter; or</content> </paragraph> <page identifier="/us/stat/76a/341">341</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>when, after a motion to dismiss the complaint has been granted, the plaintiff fails to amend it within the time allowed by the court.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If a counterclaim has been pleaded or affirmative relief sought by the defendant in his answer, the action shall not be dismissed against the defendant’s objection unless the counterclaim or request for affirmative relief can remain pending for independent adjudication by the court.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>If a provisional remedy has been allowed and the action is dismissed under this section, the undertaking shall thereupon be delivered by the magistrate to the defendant who may have his action thereon.</content> </subsection> </section> <section> <num value="893">§ 893. </num> <heading>Judgment of dismissal for failure to bring to trial</heading> <content>Judgment of dismissal shall be entered if the plaintiff fails to bring the action to trial within two years after the case is brought to an issue of law or fact, except where the parties have stipulated in writing that the time may be extended.</content> </section> <section> <num value="894">§ 894. </num> <heading>Affirmative judgment for defendant on counterclaim</heading> <content>Affirmative judgment may be rendered for the defendant on his counterclaim if the defendant proves that he is entitled to more than the plaintiff has proven or if the plaintiff fails to prove that he is entitled to any judgment.</content> </section> <section> <num value="895">§ 895. </num> <heading>Remission of amount exceeding jurisdiction</heading> <content>When the amount found due to either party exceeds the sum for which the magistrate is authorized to enter judgment, that party may remit the excess, and judgment may be rendered for the residue.</content> </section> <section> <num value="896">§ 896. </num> <heading>Time for entry of judgment</heading> <content>Judgment shall be entered within 30 days after the submission of the case to the court.</content> </section> <section> <num value="897">§ 897. </num> <heading>Form and entry of judgment; arrest; notice of judgment</heading> <content> <p class="indent0 firstIndent1 fontsize10">The judgment of a magistrate shall be entered substantially in the form required by section 1703 of this title in an action to recover the possession of personal property. Where the defendant is subject to arrest and imprisonment thereon the fact shall be stated in the judgment. A judgment has no effect for any purpose until so entered.</p> <p class="indent0 firstIndent1 fontsize10">Notice of the rendition of judgment shall be given to the parties to the action in writing signed by the magistrate. The notice shall be substantially in the form of the abstract of judgment required in section 898 of this title. The notice shall be served upon the parties in the manner provided by section 719 of this title within five days after rendition of the judgment.</p> </content> </section> <section> <num value="898">§ 898. </num> <heading>Abstract of judgment</heading> <content> <p class="indent0 firstIndent1 fontsize10">The magistrate, on the demand of a party in whose favor judgment is rendered, shall give him an abstract of the judgment in substantially the following form (filling blanks according to the facts):</p> <p class="indentUp1 firstIndent1 fontsize10">Canal Zone, Magistrate’s Court, Subdivision of <fillIn style="font-family:monospace">----</fillIn>, <fillIn style="font-family:monospace">----</fillIn>, plaintiff, v. <fillIn style="font-family:monospace">----</fillIn>, defendant. Judgment entered for plaintiff (or defendant) for $<fillIn style="font-family:monospace">----</fillIn>, on the <fillIn style="font-family:monospace">----</fillIn> day of <fillIn style="font-family:monospace">----</fillIn>.</p> <p class="indentUp1 firstIndent1 fontsize10">I certify that the foregoing is a correct abstract of a judgment rendered in said action in this court.</p> <p class="rightAlign"><fillIn style="font-family:monospace">---- -----</fillIn>, Magistrate.</p> <p class="indentUp1 firstIndent1 fontsize10">Date of abstract <fillIn style="font-family:monospace">----</fillIn>.</p> </content> </section> <page identifier="/us/stat/76a/342">342</page> <section> <num value="899">§ 899. </num> <heading>Relief from judgment or order; clerical mistakes; harmless error</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>On such terms as may he just, and on payment of costs, the court may relieve a party from a judgment by default taken against him by his mistake, inadvertence, surprise, or excusable neglect, but the application for relief shall be made within 10 days after notice of the entry of the judgment and upon an affidavit showing good cause therefor.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Upon motion of the injured party and notice to the adverse party the magistrate may correct clerical mistakes in his judgment as entered, so as to conform to the judgment ordered. The magistrate may set aside a void judgment upon motion of either party to the action after notice to the adverse party, and thereupon the action shall be treated as if judgment had not been entered.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Rule 61 of the Federal Rules of Civil Procedure, relating to harmless error, applies to the magistrates’ courts.</content> </subsection> </section> <section> <num value="900">§ 900. </num> <heading>Confession of judgment or submission of controversy without action</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Judgments upon confession may be entered as provided by section 515 of this title in either magistrate’s court specified in the confession.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 516 of this title, relating to submission of a controversy without action, applies to the magistrates’ courts.</content> </subsection> </section> <section> <num value="901">§ 901. </num> <heading>Offer of judgment before trial</heading> <content>If the defendant, at any time before the trial, offers in writing to allow judgment to be taken against him for a specified sum, the plaintiff may immediately have judgment therefor, with the costs then accrued. If the plaintiff does not accept the offer before the trial, and fails to recover in the action a sum in excess of the offer, he may not recover costs incurred after the offer, but costs shall be adjudged against him, and, if he recovers, be deducted from his recovery. The offer and failure to accept it may not be given in evidence nor affect the recovery, otherwise than as to costs.</content> </section> <section> <num value="902">§ 902. </num> <heading>Other provisions governing judgments</heading> <content>Sections 511–514 and 631–636 of this title apply to judgments of the magistrates’ courts.</content> </section> </subchapter> <subchapter> <num class="bold" value="VII">Subchapter VII—</num><heading class="bold">Execution</heading> <section> <num value="921">§ 921. </num> <heading>Time for issuance of execution</heading> <content>Execution for the enforcement of a judgment of a magistrate’s court may be issued by the magistrate who entered the judgment, or his successor in office, on the application of the party entitled thereto, at any time within five years from the entry of judgment.</content> </section> <section> <num value="922">§ 922. </num> <heading>Stay of execution</heading> <content>The court, or the magistrate thereof, may stay the execution of any judgment, including any judgment in a case of forcible entry or unlawful detainer, for a period not exceeding 10 days.</content> </section> <section> <num value="923">§ 923. </num> <heading>Contents of execution</heading> <content>The execution shall be directed to the constable, and be subscribed by the magistrate and bear date the day of its delivery to the officer. It shall intelligibly refer to the judgment, by stating the names of the parties, and the name of the magistrate before whom, and of the subdivision where, and the time when it was rendered; the amount of judgment, if it is for money; and, if less than the whole is due, the true amount due thereon. It shall contain, in like cases, simi-<page identifier="/us/stat/76a/343">343</page>lar directions to the constable, as are required by the provisions of chapter 15 of this title, in an execution to the marshal.</content> </section> <section> <num value="924">§ 924. </num> <heading>Renewal of execution</heading> <content>An execution may, at the request of the judgment creditor, be renewed before the expiration of the time fixed for its return, by the word “renewed” written thereon, with the date thereof, and subscribed by the magistrate. The renewal has the effect of an original issue and may be repeated as often as necessary. If an execution is returned unsatisfied, another may be afterwards issued.</content> </section> <section> <num value="925">§ 925. </num> <heading>Duty of constable; execution of writ</heading> <content>The constable to whom the execution is directed shall execute it in the same manner as the marshal is required by the provisions of chapter 15 of this title to proceed upon execution directed to him; and the constable, when the execution is directed to him, is vested for that purpose with the same powers as those of the marshal.</content> </section> <section> <num value="926">§ 926. </num> <heading>Proceedings supplemental to execution</heading> <content>Sections 601–608 of this title, relating to proceedings supplemental to execution, apply to the magistrates’ courts.</content> </section> <section> <num value="927">§ 927. </num> <heading>Discharge of persons imprisoned on civil process</heading> <content>Sections 661–672 of this title, relating to the discharge of persons imprisoned on civil process, apply to the magistrates’ courts.</content> </section> </subchapter> <subchapter> <num class="bold" value="VIII">Subchapter VIII—</num><heading class="bold">Appeals to District Court</heading> <section> <num value="951">§ 951. </num> <heading>Time for appeal; notice of appeal</heading> <content> <p class="indent0 firstIndent1 fontsize10">Any party dissatisfied with the judgment rendered in a civil action in a magistrate’s court may appeal therefrom to the district court, at any time within 30 days after notice of the rendition of the judgment.</p> <p class="indent0 firstIndent1 fontsize10">The appeal is taken by filing a notice of appeal with the magistrate and serving a copy on the adverse party. The notice shall state whether the appeal is taken front the whole or a part of the judgment, and if from a part, what part, and whether the appeal is taken on questions of law or fact or both.</p> </content> </section> <section> <num value="952">§ 952. </num> <heading>Appeal on question of law</heading> <content>When a party appeals to the district court on a question of law alone, he shall, within 10 days after notice of the rendition of judgment, prepare a statement of the case and file it with the magistrate. The statement shall contain the grounds upon which the party intends to rely upon the appeal, and so much of the evidence as may he necessary to explain the grounds, and no more. Within 10 days after receiving notice that the statement is filed, the adverse party, if dissatisfied with it, may file amendments. The proposed statement and amendments shall be settled by the magistrate, and if an amendment is not filed the original statements stand as adopted. The statement thus adopted or as settled by the magistrate, with a copy of the docket of the magistrate, and all motions filed with him by the parties during the trial, and the notice of appeal, may be used on the hearing of the appeal before the district court.</content> </section> <section> <num value="953">§ 953. </num> <heading>Appeal on questions of fact, or law and fact; trial de novo</heading> <content>When a party appeals to the district court on questions of fact, or on questions of both law and fact, a statement need not be made, but the action shall be tried de novo in the district court.</content> </section> <section> <num value="954">§ 954. </num> <heading>Filing of papers on appeal; benefit of legal objections</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Upon receiving the notice of appeal, and on payment of the fees payable on appeal under sections 348 and 349 of Title 3 and not <page identifier="/us/stat/76a/344">344</page> included in the judgment, and filing an undertaking as required in section 955 of this title, and after settlement or adoption of the statement, if any, the magistrate shall, within five days, transmit to the clerk of the district court:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the appeal is on questions of law alone, a certified copy of his docket, the statement as admitted or as settled, the notice of appeal, and the undertaking filed; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if the appeal is on questions of fact, or both law and fact, a certified copy of his docket, the pleadings, all notices, motions, and all other papers filed in the cause, the notice of appeal, and the undertaking filed.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The magistrate may be compelled by the district court, by an order entered upon motion, to transmit the papers, and may be fined for neglect or refusal to transmit them. A certified copy of the order may be served on the magistrate by the party or his attorney.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>In the district court, either party may have the benefit of all legal objections made in the magistrate’s court.</content> </subsection> </section> <section> <num value="955">§ 955. </num> <heading>Undertaking on appeal</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>An appeal from a magistrate’s court is not effectual for any purpose, unless an undertaking is filed with two or more sureties in the sum of $25 for the payment of the costs on the appeal, or, if a stay of proceedings is claimed, in the sum of $25 plus a sum equal to the amount of the judgment, including costs, when the judgment is for the payment of money; or plus twice the value of the property including costs, when the judgment is for the recovery of specific personal property. The undertaking shall he conditioned, when the action is for the recovery of money, that the appellant will pay the amount of the judgment appealed from, and all costs, if the appeal is withdrawn or dismissed, or the amount of any judgment and all costs that may be recovered against him in the action in the district court.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>When the action is for the recovery of or to enforce or foreclose a lien on specific personal property, the undertaking shall be conditioned that the appellant will pay the judgment and costs appealed from, and obey the order of the court made therein, if the appeal is withdrawn or dismissed, or any judgment and costs that may be recovered against him in the action in the district court, and will obey any order made by the court therein.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>When the judgment appealed from directs the delivery of possession, of real property, the execution of the same may not be stayed unless a written undertaking is executed on the part of the appellant with two or more sureties, to the effect that, during the possession of the property by the appellant, he will not commit, or suffer to be committed any waste thereon, and that if the appeal is dismissed or withdrawn, or the judgment affirmed, or judgment is recovered against him in the action in the district court, he will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof; or that he will pay any judgment and costs that may be recovered against him in the action in the district court, not exceeding a sum to be fixed by the magistrate of the court from which the appeal is taken and specified in the undertaking.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>A deposit with the magistrate of the sum of $50 plus the amount of the judgment, including all costs appealed from, or plus the value of the property, including all costs, in actions for the recovery of specific personal property, is equivalent to the filing of the undertaking, and in such cases the magistrate shall transmit the money to the clerk of the district court to be paid out by him on the order of the court.</content> </subsection> </section> <page identifier="/us/stat/76a/345">345</page> <section> <num value="956">§ 956. </num> <heading>Filing of undertaking; exception to and justification of sureties</heading> <content>The undertaking on appeal shall be filed within five days after the filing of the notice of appeal, and notice of the filing of the undertaking shall be given to the respondent. The adverse party may except to the sufficiency of the sureties within five days after the filing of the undertaking, and unless they or other sureties justify before the magistrate within five days thereafter, upon notice to the adverse party, to the amounts stated in their affidavits, the appeal shall be regarded as if no such undertaking had been given.</content> </section> <section> <num value="957">§ 957. </num> <heading>Stay of proceedings on filing undertaking</heading> <content>If an execution is issued, on the filing of the undertaking staying proceedings, the magistrate shall, by order, direct the officer to stay all proceedings on it. The officer shall, upon payment of his fees for services rendered on the execution, thereupon relinquish all property levied upon and deliver it to the judgment debtor, together with all moneys collected from sales or otherwise. If his fees are not paid, the officer may retain so much of the property or proceeds thereof as may be necessary to pay the fees.</content> </section> <section> <num value="958">§ 958. </num> <heading>Powers of district court on appeal</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Upon an appeal heard upon a statement of the case, the district court may review all orders affecting the judgment appealed from, and may set aside, or confirm, or modify any or all of the proceedings, subsequent to and dependent upon the judgment, and may, if necessary or proper, order a new trial.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>When the action is tried de novo on appeal, the trial shall be conducted in all respects as other trials in the district court. The provisions of this title as to changing the place of trial, and all the provisions as to trials in the district court, are applicable to trials on appeal in the district court.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>For a failure to prosecute an appeal, or unnecessary delay in bringing it to a hearing, the district court, after notice, may order the appeal to be dismissed, with costs; and if it appears to the court that the appeal was made solely for delay, it may add to the costs such damages as may be just, not exceeding 25 percent of the judgment appealed from.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Judgments rendered in the district court on appeal have the same force and effect and may be enforced in the same manner as judgments in actions commenced in the district court.</content> </subsection> </section> <section> <num value="959">§ 959. </num> <heading>Dismissal of appeal for failure to bring to trial</heading> <content>An action appealed from the magistrate’s court to the district court may not be further prosecuted, and further proceedings may not be had therein, and all appealed actions shall be dismissed by the district court, on its own motion, or on the motion of any party interested therein whether named in the complaint as a party or not, where the appealing party fails to bring the appeal to trial within one year from the date of filing the appeal in the district court, unless the time is otherwise extended by a written stipulation by the parties to the action filed with the clerk of the district court.</content> </section> <section> <num value="960">§ 960. </num> <heading>Dismissal of appeal; return of papers; jurisdiction of magistrate</heading> <content>Upon dismissal of the appeal the clerk of the district court shall return all the papers to the court from which the appeal was taken, and the magistrate shall have jurisdiction the same as if an appeal had not been taken.</content> </section> </subchapter> </chapter> </part> <page identifier="/us/stat/76a/346">346</page> <part> <num class="bold" value="2">PART 2—</num><heading class="bold">PARTICULAR PROCEEDINGS</heading> <toc> <headingItem> <designator><inline class="smallCaps">Chapter</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>51.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Declaratory Judgments</inline></label> <target>1501</target></referenceItem> <referenceItem role="chapter"><designator>53.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Fraudulent Conveyances</inline></label> <target>1531</target></referenceItem> <referenceItem role="chapter"><designator>55.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Habeas Corpus</inline></label> <target>1571</target></referenceItem> <referenceItem role="chapter"><designator>57.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Hospitalization of Mentally Ill</inline></label> <target>1631</target></referenceItem> <referenceItem role="chapter"><designator>59.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Property Actions</inline></label> <target>1691</target></referenceItem> <referenceItem role="chapter"><designator>61.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Writs</inline></label> <target>1851</target></referenceItem> </toc> <chapter> <num value="51">CHAPTER 51—</num><heading>DECLARATORY JUDGMENTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1501.</designator> <label>Declaratory judgments generally.</label></referenceItem> </toc> <section> <num value="1501">§ 1501. </num> <heading>Declaratory judgments generally</heading> <content>Sections 2201 and 2202 of Title 28, United States Code, apply to declaratory judgments in the district court. The district court has jurisdiction of an action for a declaratory judgment regardless of the amount of the principal sum in controversy.</content> </section> </chapter> <chapter> <num value="53">CHAPTER 53—</num><heading>FRAUDULENT CONVEYANCES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1531.</designator> <label>Action to set aside fraudulent conveyance; undertaking.</label></referenceItem> <referenceItem role="section"><designator>1532.</designator> <label>Conditions of undertaking.</label></referenceItem> <referenceItem role="section"><designator>1533.</designator> <label>Filing and serving undertaking.</label></referenceItem> <referenceItem role="section"><designator>1534.</designator> <label>Objections to sureties and estimated value.</label></referenceItem> <referenceItem role="section"><designator>1535.</designator> <label>Justification of sureties; determination of sufficiency.</label></referenceItem> <referenceItem role="section"><designator>1536.</designator> <label>Determination of estimated value of property.</label></referenceItem> <referenceItem role="section"><designator>1537.</designator> <label>Justification of sureties.</label></referenceItem> <referenceItem role="section"><designator>1538.</designator> <label>Effectiveness of undertaking.</label></referenceItem> <referenceItem role="section"><designator>1539.</designator> <label>Judgment against sureties.</label></referenceItem> </toc> <section> <num value="1531">§ 1531. </num> <heading>Action to set aside fraudulent conveyance; undertaking</heading> <content>Where an action is commenced to set aside a transfer or conveyance of property on the grounds that the transfer or conveyance was made to hinder, delay, or defraud a creditor or creditors, the transferee or grantee to whom it is alleged the property was so transferred or conveyed, or the successors or assigns of the transferee or grantee, may give an undertaking as provided in this chapter, and when the undertaking is given, the transferee or grantee to whom it is alleged the property was so transferred or conveyed, or the successors or assigns of the transferee or grantee, may sell, encumber, transfer, convey, mortgage, pledge, or otherwise dispose of the property, or any part thereof, which is alleged to have been so transferred or conveyed, so that the purchaser, encumbrancer, transferee, mortgagee, grantee, or pledgee of the property, will take, own, hold, and possess the property unaffected by the action or the judgment which may be rendered therein.</content> </section> <section> <num value="1532">§ 1532. </num> <heading>Conditions of undertaking</heading> <content>The undertaking, with two sureties, shall be executed by the transferee or grantee to whom it is alleged the property was transferred or conveyed to hinder, delay, or defraud creditors, or the successor or assign of the transferee or grantee, in double the estimated value of the property so alleged to have been transferred or conveyed; except that in no case need the undertaking be for a greater sum than double the amount of the debt or liability alleged to be due and owing to the plaintiff in the action commenced to set aside the transfer and conveyance. The estimated value of the property shall be stated in the undertaking. The undertaking shall be conditioned that, if it is adjudged in the action that the transfer or conveyance was made to hinder, delay or defraud a creditor or creditors, then that the transferee or grantee or the successor or assigns of the transferee or grantee giving the undertaking will pay to the plaintiff in the action a sum equal to the value, as estimated in the undertaking, of the prop-<page identifier="/us/stat/76a/347">347</page>erty alleged to have been transferred or conveyed to hinder, delay, or defraud creditors, or the sum adjudged to be due and owing by the transferor of the property to the plaintiff, whichever is the lesser sum.</content> </section> <section> <num value="1533">§ 1533. </num> <heading>Filing and serving undertaking</heading> <content>The undertaking shall be filed in the action and a copy thereof served upon the plaintiff or his attorney in the action.</content> </section> <section> <num value="1534">§ 1534. </num> <heading>Objections to sureties and estimated value</heading> <content>Within 10 days after service of the copy of the undertaking, the plaintiff may object to the undertaking on the ground of inability of the sureties, or either of them, to pay the sum for which they become bound in the undertaking, and upon the ground that the estimated value of the property therein is less than the market value of the property. The objection to the undertaking shall be made in writing, specifying the ground or grounds of objection, and if the objection is made to the undertaking that the estimated value therein is less than the market value of the property, the objection shall specify the plaintiff’s estimate of the market value of the property. The written objection shall be served upon the transferee or grantee, or the successor or assigns of the transferee or grantee giving the undertaking.</content> </section> <section> <num value="1535">§ 1535. </num> <heading>Justification of sureties; determination of sufficiency</heading> <content>Exceptions to the sufficiency of the sureties and their justification may be had or taken in the same manner as upon an undertaking on attachment. If they, or others in their place, fail to justify at the time and place appointed, the undertaking shall not become effective. If objection is not taken as provided in this section and section 1534 of this title, the plaintiff is deemed to have waived objections to the sufficiency of the sureties.</content> </section> <section> <num value="1536">§ 1536. </num> <heading>Determination of estimated value of property</heading> <content>When objection is made to the undertaking upon the ground that the estimated value of the property, as stated in the undertaking, is lass than the market value of the property, the transferee or grantee, or the successor or assign of the transferee or grantee giving the undertaking may accept the estimated value stated by the plaintiff in the objection, and a new undertaking may be at once filed with the plaintiff’s estimate stated therein as the estimated value, and objection may not thereafter be made upon that ground. If the plaintiff’s estimate of the market value is not accepted, the value of the property shall be determined as provided in section 566 of this title.</content> </section> <section> <num value="1537">§ 1537. </num> <heading>Justification of sureties</heading> <content>The sureties shall justify upon the undertaking as required by section 431 of Title 3.</content> </section> <section> <num value="1538">§ 1538. </num> <heading>Effectiveness of undertaking</heading> <content>The undertaking shall become effective for the purpose stated in section 1531 of this title, 10 days after service of a copy thereof on the plaintiff, unless objection to the undertaking is made as provided by section 1534 or 1536 of this title, and in case objection is so made to the undertaking Filed and served, it shall become effective for that purpose when an order is made by the court approving the sureties, when the surety or sureties are objected to, or affirming the estimate of the value of property when objection is made thereto, or if any objection to the undertaking is sustained by the court when a new undertaking is filed and served as required by section 1535 or 1536, to which no objection is made, or if made is not sustained by the court.</content> </section> <page identifier="/us/stat/76a/348">348</page> <section> <num value="1539">§ 1539. </num> <heading>Judgment against sureties</heading> <content>If judgment is rendered in the action that the alleged transfer or conveyance was made to hinder, delay, or defraud creditors, then judgment shall be rendered in the action without further proceeding In favor of the plaintiff and against the principal and sureties on the undertaking for the sum for which the undertaking was executed according to the conditions thereof.</content> </section> </chapter> <chapter> <num value="55">CHAPTER 55—</num><heading>HABEAS CORPUS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1571.</designator> <label>Right to writ of habeas corpus.</label></referenceItem> <referenceItem role="section"><designator>1572.</designator> <label>Application for writ.</label></referenceItem> <referenceItem role="section"><designator>1573.</designator> <label>Grant of writ by district court.</label></referenceItem> <referenceItem role="section"><designator>1574.</designator> <label>Grant of writ by magistrate’s court.</label></referenceItem> <referenceItem role="section"><designator>1575.</designator> <label>Form of writ.</label></referenceItem> <referenceItem role="section"><designator>1578.</designator> <label>Service of writ.</label></referenceItem> <referenceItem role="section"><designator>1577.</designator> <label>Defect of form; disobedience forbidden.</label></referenceItem> <referenceItem role="section"><designator>1578.</designator> <label>Proceedings upon disobedience to writ.</label></referenceItem> <referenceItem role="section"><designator>1579.</designator> <label>Damages for failure to obey writ.</label></referenceItem> <referenceItem role="section"><designator>1580.</designator> <label>Contents of return.</label></referenceItem> <referenceItem role="section"><designator>1581.</designator> <label>Production of body.</label></referenceItem> <referenceItem role="section"><designator>1582.</designator> <label>Illness of person in custody.</label></referenceItem> <referenceItem role="section"><designator>1583.</designator> <label>Hearing on return.</label></referenceItem> <referenceItem role="section"><designator>1584.</designator> <label>Procedure for hearing.</label></referenceItem> <referenceItem role="section"><designator>1585.</designator> <label>Custody pending judgment.</label></referenceItem> <referenceItem role="section"><designator>1586.</designator> <label>Discharge from custody or restraint.</label></referenceItem> <referenceItem role="section"><designator>1587.</designator> <label>Remand of person detained by virtue of process.</label></referenceItem> <referenceItem role="section"><designator>1588.</designator> <label>Discharge of person detained by virtue of process.</label></referenceItem> <referenceItem role="section"><designator>1589.</designator> <label>Defect of form in warrant of commitment.</label></referenceItem> <referenceItem role="section"><designator>1590.</designator> <label>Writ for person committed on criminal charge.</label></referenceItem> <referenceItem role="section"><designator>1591.</designator> <label>Hearing and disposition where charge or process detective.</label></referenceItem> <referenceItem role="section"><designator>1592.</designator> <label>Remand to custody.</label></referenceItem> <referenceItem role="section"><designator>1593.</designator> <label>Recommitment to proper custody.</label></referenceItem> <referenceItem role="section"><designator>1594.</designator> <label>Imprisonment after discharge.</label></referenceItem> <referenceItem role="section"><designator>1595.</designator> <label>Warrant in lieu of writ of habeas corpus.</label></referenceItem> <referenceItem role="section"><designator>1596.</designator> <label>Time of issuance and service of writs and process.</label></referenceItem> <referenceItem role="section"><designator>1597.</designator> <label>Issuance and return of writs and process.</label></referenceItem> <referenceItem role="section"><designator>1598.</designator> <label>Motion to vacate or correct sentence.</label></referenceItem> </toc> <section> <num value="1571">§ 1571. </num> <heading>Right to writ of habeas corpus</heading> <content>A person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of the imprisonment or restraint.</content> </section> <section> <num value="1572">§ 1572. </num> <heading>Application for writ</heading> <chapeau>Application for the writ of habeas corpus shall be made by petition signed either by the person for whose relief it is intended or by another person in his behalf, and verified by the oath of the person making the application. The petition shall specify:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>that the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the officer or person by whom he is so confined or restrained, naming all the parties if they are known or describing them if they are not known;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the place where the person is so confined or restrained; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>in what the alleged illegality consists, if the imprisonment is alleged to be illegal.</content> </paragraph> </section> <section> <num value="1573">§ 1573. </num> <heading>Grant of writ by district court</heading> <content>The writ of habeas corpus may be granted by the district court or the judge thereof, upon petition by or on behalf of a person restrained of his liberty. When a petition is presented the court or judge shall grant it without delay if it appears that it ought to issue.</content> </section> <page identifier="/us/stat/76a/349">349</page> <section> <num value="1574">§ 1574. </num> <heading>Grant of writ by magistrate’s court</heading> <content>During the absence of the district judge, the powers conferred upon him and the jurisdiction conferred upon the district court by this chapter may be exercised by a magistrate or a magistrate’s court; but the magistrate herein referred to must be other than the one who committed the person to jail. In the event the magistrate or magistrate’s court denies the writ, the proceedings may be begun and proceeded with de novo before the district court or judge upon his return.</content> </section> <section> <num value="1575">§ 1575. </num> <heading>Form of writ</heading> <content>The writ shall be directed to the person having custody of or restraining the person on whose behalf the application is made, and shall command him to have the body of that person before the court or judge before whom the writ is returnable at a time and place therein specified.</content> </section> <section> <num value="1576">§ 1576. </num> <heading>Service of writ</heading> <content>If the writ is directed to a ministerial officer of the court out of which it issues, it shall be delivered by the clerk to the officer without delay, as other writs are delivered for service. If it is directed to any other person, it shall be delivered to the officer of the court and be by him served upon the person by delivering it to him without delay. If the person to whom the writ is directed can not be found, or refuses admittance to the officer or person serving or delivering the writ, it may be served or delivered by leaving it at the residence of the person to whom it is directed, or by affixing it to a conspicuous place on the outside, either of his dwelling house or of the place where the person is confined or under restraint.</content> </section> <section> <num value="1577">§ 1577. </num> <heading>Defect of form; disobedience forbidden</heading> <content>A writ of habeas corpus may not be disobeyed for defect of form, if it sufficiently appears therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person detaining him, and the court or judge before whom he is to be brought.</content> </section> <section> <num value="1578">§ 1578. </num> <heading>Proceedings upon disobedience to writ</heading> <content>If the person to whom the writ is directed refuses, after service, to obey it, the court or judge, upon affidavit, shall issue an attachment against him directed to any officer, commanding him forthwith to apprehend that person and bring him immediately before the court or judge; and upon being so brought, he shall be committed to jail until he makes due return to the writ, or is otherwise legally discharged.</content> </section> <section> <num value="1579">§ 1579. </num> <heading>Damages for failure to obey writ</heading> <content>If the officer or person to whom the writ is directed refuses obedience to the command thereof, he shall forfeit and pay to the person aggrieved a sum not exceeding $1,000, to be recovered by action in any court of competent jurisdiction.</content> </section> <section> <num value="1580">§ 1580. </num> <heading>Contents of return</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>The person upon whom the writ is served shall state in his return plainly and unequivocally:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>whether he has or has not the person in his custody, or under his power or restraint; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if he has the person in his custody or power, or under his restraint, he shall state the authority and cause of the imprisonment or restraint.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the person is detained by virtue of a writ, warrant or other written authority, a copy thereof shall be annexed to the return, and the original produced and exhibited to the court or judge on the hearing of the return.</content> </subsection> <page identifier="/us/stat/76a/350">350</page> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>If the person upon whom the writ is served had the person in his power or custody, or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but has transferred the custody or restraint to another, the return shall state particularly to whom, at what time and place, for what cause, and by what authority, the transfer took place.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The return shall be signed by the person making it, and, except when the person is a sworn public officer and makes the return in his official capacity, it shall be verified by his oath.</content> </subsection> </section> <section> <num value="1581">§ 1581. </num> <heading>Production of body</heading> <content>The person to whom the writ is directed if it is served, shall bring the body of the person in his custody or under his restraint, according to the command of the writ, except in the cases specified in section 1582 of this title.</content> </section> <section> <num value="1582">§ 1582. </num> <heading>Illness of person in custody</heading> <content>When, from sickness or infirmity of the person directed to be produced, he can not, without danger, be brought before the court or judge, the person in whose custody or power he is may state that fact in his return to the writ, verifying it by affidavit. If the court or judge is satisfied of the truth of the return, and the return to the writ is otherwise sufficient, the court or judge may proceed to decide on the return and to dispose of the matter as if the person had been produced on the writ or the hearing thereof may be adjourned until he can be produced.</content> </section> <section> <num value="1583">§ 1583. </num> <heading>Hearing on return</heading> <content>Immediately after the return, the court or judge before whom the writ is returned shall proceed to hear and examine the return, and such other matters as may be properly submitted to the hearing and consideration of the court or judge.</content> </section> <section> <num value="1584">§ 1584. </num> <heading>Procedure for hearing</heading> <content> <p class="indent0 firstIndent1 fontsize10">The person brought before the court or judge, on the return of the writ, may deny or controvert any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful or that he is entitled to his discharge.</p> <p class="indent0 firstIndent1 fontsize10">The court or judge shall thereupon proceed in a summary way to hear such proof as may be produced against the imprisonment or detention, or in favor of it, and to dispose of the person as the justice of the case may require. The court or judge may require and compel the attendance of witnesses, by process of subpoena and attachment, and do and perform all other acts and things necessary to a full and fair hearing and determination of the case.</p> </content> </section> <section> <num value="1585">§ 1585. </num> <heading>Custody pending judgment</heading> <content>Until judgment is given on the return, the court or judge before whom a person may be brought on the writ may commit him to the custody or restraint from which he was taken, or place him in such care or under such custody as his age or circumstances may require.</content> </section> <section> <num value="1586">§ 1586. </num> <heading>Discharge from custody or restraint</heading> <content>If legal cause is not shown for the imprisonment or restraint, or for the continuation thereof, the court or judge shall discharge the person from the custody or restraint under which he is held.</content> </section> <section> <num value="1587">§ 1587. </num> <heading>Remand of person detained by virtue of process</heading> <chapeau>If the time during which the person may be legally detained in custody has not expired, the court or judge shall remand him if it appears that he is detained in custody:</chapeau> <page identifier="/us/stat/76a/351">351</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by virtue of lawful process issued by a court or judge in a case where the court or judge has jurisdiction; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by virtue of a warrant or final judgment or decree of a competent court of criminal jurisdiction, or of process issued upon such a warrant, judgment or decree.</content> </paragraph> </section> <section> <num value="1588">§ 1588. </num> <heading>Discharge of person detained by virtue of process</heading> <chapeau>If it appears on the return of the writ that the prisoner is in custody by virtue of process from a court of the Canal Zone, or judge or officer thereof, the prisoner may be discharged in any of the following cases, notwithstanding the provisions of section 1587 of this title:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>when the jurisdiction of the court or officer has been exceeded;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when the imprisonment was at first lawful, yet by some act, omission, or event which has taken place afterwards, the party has become entitled to a discharge;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>when the process is defective in a matter of substance required by law, rendering the process void;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>when the process, though proper in form, has been issued in a case not allowed by law;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>when the person having custody of the prisoner is not the person allowed by law to detain him;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>where the process is not authorized by an order, judgment or decree of a court, nor by a provision of law; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>where a person has been committed on a criminal charge without reasonable or probable cause.</content> </paragraph> </section> <section> <num value="1589">§ 1589. </num> <heading>Defect of form in warrant of commitment</heading> <content>If a person is committed to prison, or is in custody of an officer on a criminal charge, by virtue of a warrant of commitment of a court, the person may not be discharged on the ground of a mere defect of form in the warrant of commitment.</content> </section> <section> <num value="1590">§ 1590. </num> <heading>Writ for person committed on criminal charge</heading> <content>A person who has been committed on a criminal charge may be brought before the district judge on a writ of habeas corpus.</content> </section> <section> <num value="1591">§ 1591. </num> <heading>Hearing and disposition where charge or process defective</heading> <content>If it appears to the court or judge by affidavit or otherwise or upon the inspection of the processor warrant of commitment and such other papers in the proceedings as may be shown to the court or judge, that the person is guilty of a criminal offense or ought not to be discharged, although the charge is defective or not substantially set forth in the process or warrant of commitment, the court or judge shall cause the complainant or other necessary witnesses to be subpoenaed to attend at such time as ordered, to testify before the court or judge; and upon the examination he may discharge the prisoner, admit him to bail if the offense is bailable, or recommit him to custody, as may be just and legal.</content> </section> <section> <num value="1592">§ 1592. </num> <heading>Remand to custody</heading> <content>If a person brought before the court or judge on the return of the writ is not entitled to his discharge, and is not bailed, where bail is allowable the court or judge shall remand him to custody or place him under the restraint from which he was taken, if the person under whose custody or restraint he was is legally entitled thereto.</content> </section> <page identifier="/us/stat/76a/352">352</page> <section> <num value="1593">§ 1593. </num> <heading>Recommitment to proper custody</heading> <content>If a person is held under illegal restraint or custody, or another person is entitled to the restraint or custody of the person, the judge or court may order the person to be committed to the restraint or custody of the person who is by law entitled thereto.</content> </section> <section> <num value="1594">§ 1594. </num> <heading>Imprisonment after discharge</heading> <chapeau>A person who has been discharged by order of the court or judge upon habeas corpus may not be again imprisoned or restrained, or kept in custody, for the same cause, except in the following cases:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if he has been discharged from custody on a criminal charge, and is afterwards committed for the same offense, by legal order or process; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if, after a discharge for defect of proof, or for defect of the process, warrant or commitment in a criminal case, the prisoner is again arrested on sufficient proof and committed by legal process for the preceding offense.</content> </paragraph> </section> <section> <num value="1595">§ 1595. </num> <heading>Warrant in lieu of writ of habeas corpus</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>When it appears to the district court or judge that anyone is illegally held in custody confinement or restraint, and that there is reason to believe that he will be carried out of the jurisdiction of the court or judge before whom the application is made, or will suffer an irreparable injury before compliance with the writ of habeas corpus can be enforced, the court or judge may cause a warrant to be issued, reciting the facts, and directed to any court officer, commanding the officer to take the person thus held in custody, confinement or restraint, and forthwith bring him before the court or judge, to be dealt with according to law.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The court or judge may also insert in the warrant a command for the apprehension of the person charged with the illegal detention and restraint.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The officer to whom the warrant is delivered shall execute it by bringing the person or persons therein named before the court or judge who directed the issuing of the warrant.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The person alleged to have the person under illegal confinement or restraint may make return to the warrant as in case of a writ of habeas corpus, and it may be denied, and like allegations, proofs and trial may thereupon be had as upon a return to a writ of habeas corpus.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>If the person is held under illegal restraint or custody, he shall be discharged; and if not, he shall be restored to the care or custody of the person entitled thereto.</content> </subsection> </section> <section> <num value="1596">§ 1596. </num> <heading>Time of issuance and service of writs and process</heading> <content>All writs and process authorized by this chapter may be issued and served on any day and at any time.</content> </section> <section> <num value="1597">§ 1597. </num> <heading>Issuance and return of writs and process</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>All writs, warrants, process and subpoenas authorized by this chapter shall be issued by the clerk of the court, and, except subpoenas, be sealed with the seal of the court and served and returned forthwith, unless the court or judge specifies a particular time for the return.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>All such writs and process, when made returnable before a judge, shall be returned before him at the place of holding court, and there heard and determined.</content> </subsection> </section> <section> <num value="1598">§ 1598. </num> <heading>Motion to vacate or correct sentence</heading> <content>Section 2255 of Title 28, United States Code, applies to prisoners in custody under sentences of the district court, but it does not apply to prisoners in custody under sentences of the magistrates’ courts.</content> </section> </chapter> <page identifier="/us/stat/76a/353">353</page> <chapter> <num value="57">CHAPTER 57—</num><heading>HOSPITALIZATION OF MENTALLY ILL</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1631.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>1632.</designator> <label>Authority to receive patients.</label></referenceItem> <referenceItem role="section"><designator>1633.</designator> <label>Emergency hospitalization.</label></referenceItem> <referenceItem role="section"><designator>1634.</designator> <label>Newly-admitted patients.</label></referenceItem> <referenceItem role="section"><designator>1635.</designator> <label>Right to discharge on application; emergency detention.</label></referenceItem> <referenceItem role="section"><designator>1636.</designator> <label>Petition for judicial determination.</label></referenceItem> <referenceItem role="section"><designator>1637.</designator> <label>Hospitalization upon court order; judicial procedure; not adjudication of legal incompetency.</label></referenceItem> <referenceItem role="section"><designator>1638.</designator> <label>Detention under special circumstances.</label></referenceItem> <referenceItem role="section"><designator>1639.</designator> <label>Habeas corpus.</label></referenceItem> <referenceItem role="section"><designator>1640.</designator> <label>Transportation.</label></referenceItem> <referenceItem role="section"><designator>1641.</designator> <label>Notice of hospitalization or discharge.</label></referenceItem> <referenceItem role="section"><designator>1642.</designator> <label>Right to humane care and treatment.</label></referenceItem> <referenceItem role="section"><designator>1643.</designator> <label>Mechanical restraints.</label></referenceItem> <referenceItem role="section"><designator>1644.</designator> <label>Right to communicate and receive visitors; exercise of civil rights.</label></referenceItem> <referenceItem role="section"><designator>1645.</designator> <label>Transfer of patients generally.</label></referenceItem> <referenceItem role="section"><designator>1646.</designator> <label>Release on convalescent status.</label></referenceItem> <referenceItem role="section"><designator>1647.</designator> <label>Readmission.</label></referenceItem> <referenceItem role="section"><designator>1648.</designator> <label>Disclosure of information; penalties.</label></referenceItem> <referenceItem role="section"><designator>1649.</designator> <label>Discharge upon medical review.</label></referenceItem> <referenceItem role="section"><designator>1650.</designator> <label>Discharge other than upon medical review.</label></referenceItem> <referenceItem role="section"><designator>1651.</designator> <label>Discharge of prisoners.</label></referenceItem> <referenceItem role="section"><designator>1652.</designator> <label>Payment of charges.</label></referenceItem> <referenceItem role="section"><designator>1653.</designator> <label>Receiving members of Armed Forces and Public Health Service beneficiaries.</label></referenceItem> <referenceItem role="section"><designator>1654.</designator> <label>Additional powers of health director.</label></referenceItem> <referenceItem role="section"><designator>1655.</designator> <label>Powers of magistrates in absence of district judge.</label></referenceItem> <referenceItem role="section"><designator>1656.</designator> <label>Unwarranted commitments; penalties.</label></referenceItem> </toc> <section> <num value="1631">§ 1631. </num> <heading>Definitions</heading> <content> <p class="indent0 firstIndent1 fontsize10">As used in this chapter:</p> <p class="indent0 firstIndent1 fontsize10">“designated examiner” means a licensed physician registered by the Health Bureau as specially qualified, under standards established by it, in the diagnosis of mental or related illness;</p> <p class="indent0 firstIndent1 fontsize10">“Health Bureau” means the Health Bureau of the Canal Zone Government, under the supervision of the health director;</p> <p class="indent0 firstIndent1 fontsize10">“health director” means the director of the Health Bureau of the Canal Zone Government;</p> <p class="indent0 firstIndent1 fontsize10">“hospital” means a Canal Zone Government hospital or institution, or part thereof, equipped to provide in-patient care and treatment for the mentally ill;</p> <p class="indent0 firstIndent1 fontsize10">“interested party” means an interested responsible adult including but not limited to the legal guardian, spouse parent, adult child, or next of kin of an allegedly mentally ill individual or patient;</p> <p class="indent0 firstIndent1 fontsize10">“licensed physician” means an individual licensed under the laws of the Canal Zone to practice medicine and a medical officer of the Government of the United States while in the Canal Zone in the performance of his official duties;</p> <p class="indent0 firstIndent1 fontsize10">“mentally ill individual” means an individual having a psychiatric or other disease which substantially impairs his mental health; and</p> <p class="indent0 firstIndent1 fontsize10">“patient” means an individual under observation, care and treatment in a hospital pursuant to this chapter.</p> </content> </section> <section> <num value="1632">§ 1632. </num> <heading>Authority to receive patients</heading> <chapeau>The head of a hospital may receive therein for observation, diagnosis, care, and treatment any individual eligible for treatment at Canal Zone medical facilities whose admission is applied for by one of the following means:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Any individual, including a minor with consent of parent or guardian, may be admitted upon application by the individual.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>Any individual may be admitted upon written application by an interested party, by the health director, or by the head of any <page identifier="/us/stat/76a/354">354</page> institution in which the individual may be, if the application is accompanied by a certificate of a licensed physician stating that on a basis of an examination held not more than 15 days prior to the individual’s admission, the individual is in his opinion mentally ill, or has symptoms of mental illness, and because of his illness either:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>is likely to injure himself or others if allowed to remain at liberty, or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>is in need of care or treatment in hospital.</content> </subparagraph> </paragraph> </section> <section> <num value="1633">§ 1633. </num> <heading>Emergency hospitalization</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If the certificate by a licensed physician under section 1632(2) of this title states a belief that the individual (A) is likely to injure himself or others if allowed to remain at liberty, or (B) is in need of immediate hospitalization, any interested party or peace officer may, upon indorsement of the certificate for that purpose by the health director or by the judge of the district court or a magistrate in the Canal Zone, take the individual into custody, apply to a hospital for his admission, and transport him thereto.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Any interested party or peace officer who has good and valid reason to believe that an individual is mentally ill, and because of his illness is likely to injure himself or others if not immediately restrained, pending examination or certification by a licensed physician or pending indorsement of the certification as provided in subsection (a) of this section, may take the individual into custody, apply to a hospital for his admission, and transport him thereto. The application for admission shall state the circumstances under which the individual was taken into custody and the reason for the applicant’s belief concerning the individual’s mental condition.</content> </subsection> </section> <section> <num value="1634">§ 1634. </num> <heading>Newly-admitted patients</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The head of the hospital shall cause to be held a preliminary examination by a designated examiner, within a period not to exceed 48 hours after the close of the day of admission of every patient, to determine if there is a reasonable necessity existing for his continued hospitalization and immediate medical care.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>At the end of the 48-hour period, a patient so admitted pursuant to section 1632(2) or 1688 of this title shall, without need of application therefor, be discharged if a preliminary examination has not been held or if, upon examination, the designated examiner refuses or fails to certify to the head of the hospital that in his opinion the patient is mentally ill and either is likely to injure himself or others if allowed at liberty, or is in need of care or treatment in a hospital and because of his illness lacks sufficient insight or capacity to make a responsible decision concerning his hospitalization. In the case of such a discharge, notice thereof shall be given to the person who applied for the patient’s admission and, if the indorsement procedures of section 1633 of this title were utilized, to the appropriate indorsing official or court.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>A patient admitted pursuant to section 1632(2) or 1633 of this title may remain for treatment on a voluntary basis under the same conditions prescribed for patients admitted pursuant to section 1632(1) of this title, with the provisions of section 1635 of this title applying with respect to discharge. If a patient admitted pursuant to section 1682(2) or 1633 of this title elects to remain for treatment on a voluntary basis, the head of the hospital shall certify that the patient has at the time sufficient insight or capacity to make responsible application for his own hospitalization. In these instances, notice shall be given of the patient’s decision to remain on a voluntary basis to the health director and to the person who applied for the patient’s admission and, where the indorsement procedures of section 1633 of this title were utilized, to the appropriate indorsing official or court.</content> </subsection> </section> <page identifier="/us/stat/76a/355">355</page> <section> <num value="1635">§ 1635. </num> <heading>Right to discharge on application; emergency detention</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>An individual after 30 days following admission to a hospital pursuant to section 1632(1) of this title, or an individual admitted to a hospital pursuant to section 1632(2) or 1633 of this title, shall be forthwith discharged therefrom upon his request or upon the request in writing of an interested party or peace officer, and notice of discharge shall be given as prescribed in section 1649 of this title, except that:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if admitted pursuant to section 1632(1) of this title, his discharge may be conditioned upon his agreement;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if under 21 years of age and admitted pursuant to section 1632(1) of this title, his discharge prior to becoming 21 years of age may be conditioned upon the consent of his parent or guardian;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the head of the hospital, within 48 hours from the receipt of the request, files with a judge of the district court a certification that in his opinion the discharge of the patient would be unsafe to the patient or others, the discharge may be postponed for a period not to exceed 5 days for the commencement of commitment proceedings pursuant to section 1687 of this title; and if the judge of the district court finds that, because of existing circumstances, proceedings for judicial hospitalization cannot reasonably be instituted in such time, the discharge may be postponed for a period not to exceed 15 days.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The head of the hospital shall provide reasonable means and arrangements for informing patients of their right to discharge, as provided by this section and other sections of this chapter, and for assisting them in making and presenting requests for discharge.</content> </subsection> </section> <section> <num value="1636">§ 1636. </num> <heading>Petition for judicial determination</heading> <chapeau>A patient hospitalized pursuant to section 1632, 1633, or 1637 of this title may have the need for his continued hospitalization determined or redetermined on his own petition or that of an interested party to the judge of the district court. Upon receipt of the petition, the court shall conduct proceedings in accordance with section 1637 of this title, except that the proceedings need not be conducted if the petition is filed sooner than:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>6 months after the issuance of an order of hospitalization pursuant to section 1637 of this title; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>1 year after the filing of a previous petition under this section; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>30 days after the voluntary application and admission of a patient.</content> </paragraph> </section> <section> <num value="1637">§ 1637. </num> <heading>Hospitalization upon court order; judicial procedure; not adjudication of legal incompetency</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>An interested party, a licensed physician, a peace officer, the head of an institution in which the individual may be hospitalized, or the health director may, by filing an application with a judge of the district court, commence proceedings for the hospitalization of an individual by judicial commitment.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Upon receipt of an application, the judge of the district court shall give notice thereof to the proposed patient, to his legal guardian, if any, and to one or more of the other interested parties, if any.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>As soon as practicable after notice of the commencement of proceedings is given, the court shall appoint two designated examiners to examine the proposed patient and to report to the court their findings as to the mental condition of the patient and his need for care or treatment in a hospital. The court may consider the choice of the patient in appointing the examiners. If the designated examiners report that the <page identifier="/us/stat/76a/356">356</page> patient refuses to submit to an examination, the court shall give notice to the proposed patient and order him to submit to the examination. The order may direct that the proposed patient be taken into custody and detained pending a hearing.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The examination shall be held at a hospital or other medical facility, at the home of the proposed patient, or at another suitable place not likely to have a harmful effect off his health.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>If the report of the designated examiners states that the proposed patient is not mentally ill, the court shall, without taking any further action, terminate the proceedings and dismiss the application. Otherwise, the court shall forthwith fix a date for, and give notice of, a hearing to be held not more than 15 days from receipt of the report of the designated examiners.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>The proposed patient, the applicant, the legal guardian and other interested parties, as determined by the court, shall be given notice and afforded an opportunity to appear at the hearing to testify, and to present and cross-examine witnesses, and the court may, in its discretion, receive the testimony of any other person. The proposed patient need not be present, and the court may exclude all persons not necessary for the conduct of the proceedings. The hearings shall be conducted as informally as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the mental health of the proposed patient. The entire proceeding may be recorded stenographically or with the use of mechanical recording devices as the court may approve. The court shall, in any event, prepare and maintain a summary record of all relevant and material evidence which may be offered concerning the mental condition of the proposed patient and may relax the rules of evidence to the extent of receiving affidavits, certificates of licensed physicians and other writings of similar apparent authenticity and reliability. An opportunity to be represented by counsel shall be afforded to every proposed patient, and if neither he nor others provide counsel the court shall appoint counsel.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <chapeau>If, upon completion of the hearing and consideration of the record, the court finds the patient is:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>mentally ill; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>(A) because of his illness is likely to injure himself or others if allowed to remain at liberty; or (B) is in need of immediate care or treatment in a hospital, and because of his illness, lacks sufficient insight or capacity to make a responsible decision concerning his hospitalization,</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">the court shall order his hospitalization for an indeterminate period; otherwise, the court shall terminate the proceedings and dismiss the application. If the court orders the hospitalization of the proposed patient, a copy of the summary of proceedings shall accompany the patient to the hospital.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <content>The order of hospitalization shall be directed to the Health Bureau and it is the responsibility of the health director to assure the carrying out of the order.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <content>Notwithstanding any other provision of this chapter, commitment proceedings under this section may not be commenced with respect to a patient admitted pursuant to section 1632(1) of this title unless release of the patient has been requested pursuant to section 1635 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="j">(j) </num> <content>An order for hospitalization pursuant to this section does not constitute a judicial determination of legal incompetency. Proceedings for a determination of legal competency of, and the appointment of a guardian for, a patient who has been ordered hospitalized may be instituted prior to, concurrently with, or following the completion of proceedings under this section.</content> </subsection> </section> <page identifier="/us/stat/76a/357">357</page> <section> <num value="1638">§ 1638. </num> <heading>Detention under special circumstances</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Pending his removal to a hospital, a patient taken into custody pursuant to section 1633 or 1637 of this title, or ordered to be hospitalized pursuant to section 1637 of this title, may be detained in a medical facility, his home, or any other suitable facility under such reasonable conditions as the health director may fix, but he may not, except because of and during an extreme emergency, be detained in a nonmedical facility used for the detention of individuals charged with or convicted of penal offenses. The health director shall take such reasonable measures, including provision for medical care as may be necessary to assure proper care of an individual temporarily detained pursuant to this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Notwithstanding any other provision of this chapter, a patient may not be released or discharged from custody during the pendency of proceedings for judicial hospitalization if, in the opinion of the head of the hospital, it would be unsafe to the patient or others, unless the court, upon the application of the patient or of an interested party, determines justifiable reason exists for release or discharge.</content> </subsection> </section> <section> <num value="1639">§ 1639. </num> <heading>Habeas corpus</heading> <content>An individual detained pursuant to this chapter is entitled to the writ of habeas corpus upon proper petition by himself or an interested party to any court in the Canal Zone generally empowered to issue the writ of habeas corpus.</content> </section> <section> <num value="1640">§ 1640. </num> <heading>Transportation</heading> <content>When an individual is about to be hospitalized under the provisions of this chapter, the Health Bureau shall, upon the request of a person having a proper interest in the individual’s hospitalization, arrange for the individual’s transportation to the hospital with suitable medical or nursing attendants and by such means as may be suitable for his medical condition. When practicable, the individual to be hospitalized shall be permitted to be accompanied by one or more of his friends or relatives.</content> </section> <section> <num value="1641">§ 1641. </num> <heading>Notice of hospitalization or discharge</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>When a patient has been admitted to a hospital pursuant to this chapter other than upon his own application, the head of the hospital shall notify immediately the patient’s legal guardian, parent or parents, spouse, or next of kin, if known.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The head of the hospital admitting an individual under any provision of this chapter, or discharging an individual so admitted, shall forthwith make a report thereof to the health director, and, if the patient was hospitalized under section 1637 of this title, to the district court.</content> </subsection> </section> <section> <num value="1642">§ 1642. </num> <heading>Right to humane care and treatment</heading> <content>The Health Bureau shall be guided by the principles of humane care and treatment, and, to the extent that facilities, equipment and personnel are available, shall provide medical care or treatment in accordance with the highest standards of accepted medical practice.</content> </section> <section> <num value="1643">§ 1643. </num> <heading>Mechanical restraints</heading> <content>Mechanical restraints may not be applied to a patient unless determined by the head of the hospital to be required by the medical needs of the patient. Every use of a mechanical restraint and reasons therefor shall be made a part of the clinical record of the patient over the signature of the head of the hospital.</content> </section> <page identifier="/us/stat/76a/358">358</page> <section> <num value="1644">§ 1644. </num> <heading>Right to communicate and receive visitors; exercise of civil rights</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Subject to the general rules and regulations of the hospital and, with respect to paragraphs (1) and (2) of this subsection, except to the extent that the head of the hospital determines that it is necessary for the medical welfare of the patient to impose restrictions, every patient may:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>communicate by sealed mail or otherwise with persons, including official agencies, inside or outside the hospital;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>receive visitors; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>exercise all civil rights including, but not limited to, the right to dispose of property, execute instruments, make purchases, enter contractual relationships, and vote, unless he has been adjudicated incompetent and has not been restored to legal capacity.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Notwithstanding any limitations authorized by this section on the right of communication, every patient may communicate by sealed mail with the health director, the Governor of the Canal Zone, and, if admitted pursuant to section 1637 of this title, with the judge of the district court who ordered his hospitalization.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Any limitations imposed by the head of a hospital on the exercise of these rights by a patient and the reasons for the limitations shall be made a part of the clinical record of the patient.</content> </subsection> </section> <section> <num value="1645">§ 1645. </num> <heading>Transfer of patients generally</heading> <content>The health director may transfer a patient from one hospital to another if the health director determines that it would be consistent with the medical needs of the patient to do so. When a patient is transferred, written notice thereof shall be given to any one of the following persons: the patient’s legal guardian, parent or parents, spouse, or next of kin, or, if none is known, to any other interested party, and, if the patient was hospitalized pursuant to section 1637 of this title, to the judge of the district court.</content> </section> <section> <num value="1646">§ 1646. </num> <heading>Release on convalescent status</heading> <content>The head of a hospital may release a patient on convalescent status when he believes that that status is in the best interest of the patient. Convalescent status shall, as far as practicable, include provisions for continuing responsibility to and by the hospital, and for a plan of treatment on an outpatient basis or under the direction of a licensed physician. Periodically, at intervals consistent with good medical practice and with then-existing circumstances, the head of the hospital shall re-examine the facts relating to the condition of the patient on a convalescent status and, if he determines that hospitalization is no longer necessary, he shall discharge the patient.</content> </section> <section> <num value="1647">§ 1647. </num> <heading>Readmission</heading> <content>Prior to discharge, the head of the hospital from which a patient is given convalescent status may at any time readmit the patient. If there is reason to believe that it is in the best interests of the patient to be rehospitalized, the health director or the head of the hospital may issue an order for the immediate rehospitalization of the patient. Such an order, if not voluntarily complied with, shall, upon the indorsement by the judge of the district court or by a magistrate in the Canal Zone, authorize any peace officer to take the patient into custody and transport him to the hospital.</content> </section> <section> <num value="1648">§ 1648. </num> <heading>Disclosure of information; penalties</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>All certificates, applications, records and reports, other than an order of the court, made for the purposes of this chapter, and directly or indirectly identifying a patient or former patient or an <page identifier="/us/stat/76a/359">359</page> individual whose hospitalization has been sought under this chapter together with clinical information relating to such patients, shall be kept confidential and shall not be disclosed by any person except insofar as:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the individual identified, or his legal guardian, if any (or if he is a minor, his parent or legal guardian), consents; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>disclosure may be necessary to carry out any of the provisions of this chapter; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a court may direct, upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make disclosure would be contrary to the public interest.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Nothing in this section precludes disclosure, upon proper inquiry, of information concerning current medical condition to the members of the immediate family of a patient.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Whoever violates any provision of this section shall be fined not more than $500 or imprisoned in jail not more than one year, or both.</content> </subsection> </section> <section> <num value="1649">§ 1649. </num> <heading>Discharge upon medical review</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The head of a hospital shall cause the condition of every patient to be reviewed as frequently as is consistent with good medical practice, and whenever the head of a hospital determines that the conditions justifying hospitalization no longer exist, the patient shall be discharged even if he was admitted on his own application and regardless of section 1635(a)(1) of this title, and the Health Bureau so notified.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the patient was admitted on other than his own application, notice of the discharge shall also be given to any one of the following persons: the patients legal guardian, parent or parents, spouse, or next of kin, or, if none is known, to any other interested party, and, if the patient was hospitalized pursuant to section 1637 of this title, to the judge of the district. court.</content> </subsection> </section> <section> <num value="1650">§ 1650. </num> <heading>Discharge other than upon medical review</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>A patient may be discharged by the head of a hospital without regard to the patient’s condition in any case in which:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the patient has been ordered excluded or deported from the Canal Zone;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>arrangements have been made, in the case of persons having a transient status in the Canal Zone, for the patient’s departure from the Canal Zone; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>arrangements have been made for the patient’s transfer to another jurisdiction for treatment.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Notice of discharge under this section shall be given as prescribed by section 1649 of this title.</content> </subsection> </section> <section> <num value="1651">§ 1651. </num> <heading>Discharge of prisoners</heading> <chapeau>Notwithstanding any other provision of this chapter, whenever a patient:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>is under the unexpired sentence of a court; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>was committed to a hospital pursuant to section 4864 of Title 6 and the criminal proceedings against him are still pending; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>was committed to a hospital pursuant to sections 4456 and 4457 of Title 6—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">the head of the hospital shall only discharge the patient into the custody of the warden of the institution from which he was taken, or in the case of commitments pursuant to section 4884 of Title 6, to the warden of the jail.</continuation> </section> <page identifier="/us/stat/76a/360">360</page> <section> <num value="1652">§ 1652. </num> <heading>Payment of charges</heading> <content>Payment of charges by or on behalf of patients hospitalized or transported pursuant to this chapter shall be in accordance with the rates prescribed by applicable law.</content> </section> <section> <num value="1653">§ 1653. </num> <heading>Receiving members of Armed Forces and Public Health Service beneficiaries</heading> <content>The head of a hospital may receive and detain as patients mentally ill members of the United States Army, Navy, Air Force, and Marine Corps, and beneficiaries of the United States Public Health Service, for observation and care pending their transfer to the United States, upon the order of the official in charge of the respective service in the Canal Zone.</content> </section> <section> <num value="1654">§ 1654. </num> <heading>Additional powers of health director</heading> <content>In addition to the specific authority granted by other provisions of this chapter, the health director may prescribe the form of application, records, reports, and medical certificates provided for under this chapter and the information required to be contained therein, and adopt such rules and regulations not inconsistent with the provisions of this chapter as he finds to be reasonably necessary for proper and efficient hospitalization of the mentally ill.</content> </section> <section> <num value="1655">§ 1655. </num> <heading>Powers of magistrates in absence of district Judge</heading> <content>During the absence of the district judge, the powers conferred upon him and the jurisdiction conferred upon the district court by this chapter may be exercised by a magistrate or a magistrate’s court.</content> </section> <section> <num value="1656">§ 1656. </num> <heading>Unwarranted commitments; penalties</heading> <content>Whoever causes, or attempts to cause, or conspires with another person to cause an individual to be committed under section 1637 of this title, knowing or having reasonable grounds for believing that the individual is not mentally ill, and in need of hospitalization, shall be fined not more than $10,000 or imprisoned in the penitentiary not more than 10 years, or both.</content> </section> </chapter> <chapter> <num value="59">CHAPTER 59—</num><heading>PROPERTY ACTIONS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">property actions generally; conflicting claims</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1691.</designator> <label>Action to quiet title to real and personal property.</label></referenceItem> <referenceItem role="section"><designator>1692.</designator> <label>Costs.</label></referenceItem> <referenceItem role="section"><designator>1693.</designator> <label>Recovery of property; termination of plaintiff’s right pending action.</label></referenceItem> <referenceItem role="section"><designator>1694.</designator> <label>Value of improvements as set-off.</label></referenceItem> <referenceItem role="section"><designator>1695.</designator> <label>Mortgage not a conveyance.</label></referenceItem> <referenceItem role="section"><designator>1696.</designator> <label>Injunction against injury during foreclosure or after execution sale.</label></referenceItem> <referenceItem role="section"><designator>1697.</designator> <label>Damages for injury after execution sale.</label></referenceItem> <referenceItem role="section"><designator>1698.</designator> <label>Alienation of real property pending action.</label></referenceItem> <referenceItem role="section"><designator>1699.</designator> <label>Joinder of defendants; writ of possession.</label></referenceItem> <referenceItem role="section"><designator>1700.</designator> <label>Tenants in common, etc., as parties.</label></referenceItem> <referenceItem role="section"><designator>1701.</designator> <label>Description of real property in pleadings.</label></referenceItem> <referenceItem role="section"><designator>1702.</designator> <label>Verdict in action to recover personal property.</label></referenceItem> <referenceItem role="section"><designator>1703.</designator> <label>Judgment in action to recover personal property.</label></referenceItem> <referenceItem role="section"><designator>1704.</designator> <label>Application of chapter to magistrates’ courts.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">mortgage foreclosure</inline></label></referenceItem> <referenceItem role="section"><designator>1731.</designator> <label>Foreclosure of mortgages on real and personal property.</label></referenceItem> <referenceItem role="section"><designator>1732.</designator> <label>Disposition of surplus.</label></referenceItem> <referenceItem role="section"><designator>1733.</designator> <label>Debt becoming due at different times.</label></referenceItem> <referenceItem role="section"><designator>1734.</designator> <label>Commissioner’s oath, bond, report, and compensation.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">nuisance and waste</inline></label></referenceItem> <referenceItem role="section"><designator>1761.</designator> <label>Abatement of nuisance; damages.</label></referenceItem> <referenceItem role="section"><designator>1762.</designator> <label>Actions for waste; treble damages.</label></referenceItem> <page identifier="/us/stat/76a/361">361</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">forcible entry and detainer</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1801.</designator> <label>Forcible entry defined.</label></referenceItem> <referenceItem role="section"><designator>1802.</designator> <label>Forcible detainer defined.</label></referenceItem> <referenceItem role="section"><designator>1803.</designator> <label>Unlawful detainer defined.</label></referenceItem> <referenceItem role="section"><designator>1804.</designator> <label>Service of notice.</label></referenceItem> <referenceItem role="section"><designator>1805.</designator> <label>Parties defendant.</label></referenceItem> <referenceItem role="section"><designator>1806.</designator> <label>Parties generally.</label></referenceItem> <referenceItem role="section"><designator>1807.</designator> <label>Complaint; issuance of summon.</label></referenceItem> <referenceItem role="section"><designator>1808.</designator> <label>Form and service of summons.</label></referenceItem> <referenceItem role="section"><designator>1809.</designator> <label>Arrest of defendant.</label></referenceItem> <referenceItem role="section"><designator>1810.</designator> <label>Default judgment.</label></referenceItem> <referenceItem role="section"><designator>1811.</designator> <label>Appearance and answer of defendant.</label></referenceItem> <referenceItem role="section"><designator>1812.</designator> <label>Trial; Showing required.</label></referenceItem> <referenceItem role="section"><designator>1813.</designator> <label>Amendment to conform to evidence; continuance.</label></referenceItem> <referenceItem role="section"><designator>1814.</designator> <label>Judgment.</label></referenceItem> <referenceItem role="section"><designator>1815.</designator> <label>Relief against forfeiture of lease.</label></referenceItem> <referenceItem role="section"><designator>1816.</designator> <label>Appeals.</label></referenceItem> <referenceItem role="section"><designator>1817.</designator> <label>Stay pending appeal.</label></referenceItem> <referenceItem role="section"><designator>1818.</designator> <label>Rules of practice.</label></referenceItem> <referenceItem role="section"><designator>1819.</designator> <label>Jurisdiction of magistrates’ courts.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Property Actions Generally; Conflicting Claims</heading> <section> <num value="1691">§ 1691. </num> <heading>Action to quiet title to real and personal property</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>An action may be brought by any person against another who claims an estate or interest in real or personal property adverse to him, for the purpose of determining the adverse claim.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In an action to quiet title to, or to determine adverse claims to, real or personal property, when the validity or interpretation of a gift, devise, bequest, or trust, under any will or instrument purporting to be a will, whether admitted to probate or not, is involved, the will, or instrument purporting to be a will, is admissible in evidence; and all questions concerning the validity of any gift, devise, bequest, or trust therein contained, save such as belong exclusively to the probate jurisdiction, shall be determined in the action. If the will has been admitted to probate and interpreted by a decree of the district court, which decree has become final, the interpretation shall be conclusive as to the proper construction of the will, or any part thereof, so construed, in an action under this section.</content> </subsection> </section> <section> <num value="1692">§ 1692. </num> <heading>Costs</heading> <content>If the defendant in an action under section 1691 of this title disclaims in his answer any interest or estate in the property, or suffers judgment to be taken against him without answer, the plaintiff cannot recover costs.</content> </section> <section> <num value="1693">§ 1693. </num> <heading>Recovery of property; termination of plaintiff’s right pending action</heading> <content>In an action for the recovery of property, if the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment shall be according to the fact, and the plaintiff may recover damages for withholding the property.</content> </section> <section> <num value="1694">§ 1694. </num> <heading>Value of improvements as set-off</heading> <content>When damages are claimed for withholding the property recovered, upon which permanent improvements have been made by a defendant, or those under whom he claims, holding under color of title adversely to the claim of the plaintiff, in good faith, the value of the improvements shall be allowed as a setoff against the damages.</content> </section> <section> <num value="1695">§ 1695. </num> <heading>Mortgage not a conveyance</heading> <content>A mortgage of real property is not deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without foreclosure and sale.</content> </section> <page identifier="/us/stat/76a/362">362</page> <section> <num value="1696">§ 1696. </num> <heading>Injunction against injury during foreclosure or after execution sale</heading> <content>The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon; or, after a sale on execution, before a conveyance.</content> </section> <section> <num value="1697">§ 1697. </num> <heading>Damages for injury after execution sale</heading> <content>When real property has been sold on execution, the purchaser thereof, or any person who may have succeeded to his interest, may, after his estate becomes absolute, recover damages for injury to the property by the tenant in possession after sale, and before possession is delivered under the conveyance.</content> </section> <section> <num value="1698">§ 1698. </num> <heading>Alienation of real property pending action</heading> <content>An action for the recovery of real property against a person in possession is not prejudiced by any alienation made by that person, either before or after the commencement of the action.</content> </section> <section> <num value="1699">§ 1699. </num> <heading>Joinder of defendants; writ of possession</heading> <content>In an action brought by a person out of possession of real property, to determine an adverse claim of an interest or estate therein, the person making the adverse claim and persons in possession may be joined as defendants, and if the judgment is for the plaintiff, he may have a writ for the possession of the premises, as against the defendants in the action, against whom the judgment has passed.</content> </section> <section> <num value="1700">§ 1700. </num> <heading>Tenants in common, etc., as parties</heading> <content>All persons holding as tenants in common, joint tenants, or copartners, or any number less than all, may jointly or severally commence or defend any civil action or proceeding for the enforcement or protection of the rights of such party.</content> </section> <section> <num value="1701">§ 1701. </num> <heading>Description of real property in pleadings</heading> <content>In an action for the recovery of real property, it must be described in the complaint with such certainty as to enable an officer, upon execution, to identify it.</content> </section> <section> <num value="1702">§ 1702. </num> <heading>Verdict in action to recover personal property</heading> <content>In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or the defendant by his answer claims a return thereof, the jury, if their verdict is in favor of the plaintiff, or if in favor of defendant and they also find that he is entitled to a return thereof, shall find the value of the property, and, if so instructed, the value of specific portions thereof, and may at the same time assess the damages, if any are claimed in the complaint or answer which the prevailing party has sustained by reason of the taking or detention of the property.</content> </section> <section> <num value="1703">§ 1703. </num> <heading>Judgment in action to recover personal property</heading> <content>In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claims it return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot he had, and damages for taking and withholding the property.</content> </section> <section> <num value="1704">§ 1704. </num> <heading>Application of chapter to magistrates’ courts</heading> <content>Sections 1691–1701, 1703, 1731–1734, and 1762 of this title apply to the magistrates’ courts insofar as they relate to actions within the jurisdiction of the magistrates’ courts. Sections 1801–1819 of this title apply to the magistrates’ courts as provided by section 1819 of this title.</content> </section> </subchapter> <page identifier="/us/stat/76a/363">363</page> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Mortgage Foreclosure</heading> <section> <num value="1731">§ 1731. </num> <heading>Foreclosure of mortgages on real and personal property</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>There may be but one action for the recovery of a debt, or the enforcement of a right, secured by mortgage upon real or personal property, which action shall be in accordance with the provisions of this subchapter. In the action the court may, by its judgment, direct the sale of the encumbered property (or as much thereof as may be necessary), and the application of the proceeds of the sale to the payment of the costs of court, and the expenses of the sale, and the amount due plaintiff, including, where the mortgage provides for the payment of attorney’s fees, such sum for the fees as the court finds reasonable, not exceeding the amount named in the mortgage.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The court may, by its judgment, or at any time after judgment, appoint a commissioner to sell the encumbered property. It shall require of him an undertaking in an amount fixed by the court, with sufficient sureties, to be approved by the court, to the effect that the commissioner will faithfully perform the duties of his office according to law. Before entering upon the discharge of his duties he shall file the undertaking, so approved, together with his oath that he will faithfully perform the duties of his office.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>If it appears from the marshal’s return, or from the commissioner’s report that the proceeds are insufficient, and a balance still remains due, the clerk shall enter judgment for the balance against the defendant or defendants personally liable for the debt.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>A person holding a conveyance from or under the mortgagor of the property mortgaged, or having a lien thereon, which conveyance or lien does not appear of record in the office of the registrar of property at the time of the commencement of the action, need not be made a party to the action, and the judgment therein rendered, and the proceedings therein had, are as conclusive against the party holding the unrecorded conveyance or lien as if he had been a party to the action.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>If the court appoints a commissioner for the sale of the property, the commissioner shall sell it in the manner provided by law for the sale of like property by the marshal upon execution; and sections 541–569 of this title apply to sales made by a commissioner, and the powers therein given and the duties therein imposed on the marshal are extended to the commissioner.</content> </subsection> </section> <section> <num value="1732">§ 1732. </num> <heading>Disposition of surplus</heading> <content>If there is surplus money remaining, after payment of the amount due on the mortgage, lien, or encumbrance, with costs, the court may cause it to be paid to the person entitled to it, and in the meantime may direct it to be deposited in court.</content> </section> <section> <num value="1733">§ 1733. </num> <heading>Debt becoming due at different times</heading> <content>If the debt for which the mortgage, lien, or encumbrance is held is not all due, the sale shall cease as soon as sufficient of the property has been sold to pay the amount due, with costs; and afterwards, as often as more becomes due, for principal or interest, the court may, on motion, order more to be sold. If the property cannot be sold in portions, without injury to the parties, the whole may be ordered to be sold in the first instance, and the entire debt and costs paid, with a rebate of interest where a rebate is proper.</content> </section> <section> <num value="1734">§ 1734. </num> <heading>Commissioner’s oath, bond, report, and compensation</heading> <content> <p class="indent0 firstIndent1 fontsize10">Before entering upon his duties, the commissioner shall take an oath to perform them faithfully, and the court shall require of him an undertaking, with sufficient sureties, to be approved by the court, in an amount to be fixed by the court, to the effect that he will faithfully perform the duties of commissioner according to law.</p> <page identifier="/us/stat/76a/364">364</page> <p class="indent0 firstIndent1 fontsize10">Within 30 days after the sale, the commissioner shall file with the clerk of the court in which the action is pending, a verified report and account of the sale, together with the proper affidavits showing that the regular and required notice of the time and place of the sale was given, and the report and account shall have the same force and effect as the marshal’s return in sales under execution.</p> <p class="indent0 firstIndent1 fontsize10">In all cases of sale made by a commissioner, the court in which the proceedings are pending shall fix a reasonable compensation for the commissioner’s service, which shall not be less than $10.</p> </content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Nuisance and Waste</heading> <section> <num value="1761">§ 1761. </num> <heading>Abatement of nuisance; damages</heading> <content> <p class="indent0 firstIndent1 fontsize10">An action may be brought in the district court by a person whose property is injuriously affected or whose personal enjoyment is lessened by a nuisance, as defined in section 5031 of Title 4, and by the judgment in the action the nuisance may be enjoined or abated as well as damages recovered therefor.</p> <p class="indent0 firstIndent1 fontsize10">A civil action may be brought in the district court by the United States attorney in the name of the Government of the Canal Zone to abate a public nuisance, as defined by section 5032 of Title 4.</p> </content> </section> <section> <num value="1762">§ 1762. </num> <heading>Actions for waste; treble damages</heading> <content>If a guardian, tenant for life or years, joint tenant, or tenant in common of real property, commits waste thereon, a person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Forcible Entry and Detainer</heading> <section> <num value="1801">§ 1801. </num> <heading>Forcible entry defined</heading> <chapeau>Every person is guilty of a forcible entry who either:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstance of terror enters upon or into any real property; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>after entering peaceably upon real property, turns out by force, threats, or menacing conduct, the party in possession.</content> </paragraph> </section> <section> <num value="1802">§ 1802. </num> <heading>Forcible detainer defined</heading> <chapeau>Every person is guilty of a forcible detainer who either:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether it was acquired peaceably or otherwise; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in the nighttime, or during the absence of the occupant of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, for the period of five days, refuses to surrender them to the former occupant.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The occupant of real property, within the meaning of this subchapter, is one who, within five days preceding the unlawful entry, was in the peaceable and undisturbed possession of the lands.</continuation> </section> <section> <num value="1803">§ 1803. </num> <heading>Unlawful detainer defined</heading> <chapeau>A tenant of real property, for a term less than life, is guilty of unlawful detainer:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>When he continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him, without the permission of his landlord, or the successor in estate of his landlord, if any. In the case of a tenancy at will, however created, the tenancy is terminated by the landlord’s giving notice in writing to the tenant, in the manner prescribed by section 1804 of this title, to remove from the premises within a period <page identifier="/us/stat/76a/365">365</page> of not less than 30 days to be specified in the notice, and a tenant continuing in possession after the expiration of the notice period is guilty of unlawful detainer.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>When he continues in possession, in person or by subtenant, without the permission of his landlord, or the successor in estate of his landlord, if any, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days’ written notice, requiring its payment, stating the amount which is due, or possession of the property, has been served upon him and if there is a subtenant in actual occupation of the premises, also upon the subtenant. The notice may be served at any time within one year after the rent becomes due.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline"> <p class="inline">When he continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days written notice, requiring the performance of the conditions or covenants, or the possession of the property, has been served upon him, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture. If the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or his subtenant, demanding the performance of the violated conditions or covenants of the lease.</p> <p class="indent0 firstIndent1 fontsize10">A tenant may take proceedings, similar to those prescribed in this subchapter, to obtain possession of the premises let to a subtenant, in case of his unlawful detention of the premises underlet to him.</p> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>A tenant or subtenant assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of his lease, thereby terminates the lease, and the landlord, or his successor in estate, upon service of three days’ notice to quit upon the person or persons in possession, is entitled to restitution of possession of the demised premises under the provisions of this subchapter.</content> </paragraph> </section> <section> <num value="1804">§ 1804. </num> <heading>Service of notice:</heading> <chapeau>The notices required by section 1803 of this title may be served, either:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by delivering a copy to the tenant personally; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if he is absent from his place of residence, and from his usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his place of residence; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the place of residence and business can not be ascertained, or a person of suitable age or discretion can not be found there, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such a person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Service upon a subtenant may be made in the same manner.</continuation> </section> <page identifier="/us/stat/76a/366">366</page> <section> <num value="1805">§ 1805. </num> <heading>Parties defendant</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A person other than the tenant of the premises and subtenant, if there is one, in the actual occupation of the premises when the complaint is filed, need not be made a party defendant in the proceeding, and a proceeding shall not be dismissed for the nonjoinder of any person who might have been made a party defendant, but when it appears that any party served with process, or appearing in the proceeding, is guilty of the offense charged, judgment shall be rendered against him. If a defendant has become a subtenant of the premises in controversy after the service of the notice provided for by paragraph (2) of section 1803 of this title upon the tenant of the premises, the fact that the notice was not served on each subtenant does not constitute a defense to the action.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If a married woman is a tenant or subtenant, her coverture does not constitute a defense; but if her husband is not joined, or unless she is doing business as a sole trader, an execution issued upon a personal judgment against her may only be enforced against property on the premises at the commencement of the action.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>All persons who enter the premises under the tenant, after the commencement of the suit, are bound by the judgment, as if they had been made parties to the action.</content> </subsection> </section> <section> <num value="1806">§ 1806. </num> <heading>Parties generally</heading> <content>Except as provided in section 1805 of this title, the provisions of section 721 of this title, relating to parties to civil actions in the magistrates’ courts, apply to proceedings under this subchapter.</content> </section> <section> <num value="1807">§ 1807. </num> <heading>Complaint; issuance of summons</heading> <content> <p class="indent0 firstIndent1 fontsize10">The plaintiff in his complaint, which shall be verified, shall set forth the facts on which he seeks to recover, and describe the premises with reasonable certainty, and may set forth therein any circumstances of fraud, force, or violence, which may have accompanied the alleged forcible entry or forcible or unlawful detainer, and claim damages therefor. If the unlawful detainer charged is after default in the payment of rent, the complaint shall state the amount of the rent.</p> <p class="indent0 firstIndent1 fontsize10">Upon the filing of the complaint, a summons shall be issued thereon.</p> </content> </section> <section> <num value="1808">§ 1808. </num> <heading>Form and service of summons</heading> <content>The summons shall require the defendant to appear and answer within three days after the service of the summons upon him, and shall notify him that if he fails to so appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint. In all other respects the summons, or any alias summons in the proceedings, shall be issued and served and returned in the same manner as summons in a civil action.</content> </section> <section> <num value="1809">§ 1809. </num> <heading>Arrest of defendant</heading> <content>If the complaint presented establishes, to the satisfaction of the magistrate, fraud, force, or violence, in the entry or detainer, and that the possession held is unlawful, he may make an order for the arrest of the defendant.</content> </section> <section> <num value="1810">§ 1810. </num> <heading>Default judgment</heading> <content>If, at the time appointed, the defendant does not appear and defend, the court shall enter his default and render judgment in favor of the plaintiff as prayed for in the complaint.</content> </section> <section> <num value="1811">§ 1811. </num> <heading>Appearance and answer of defendant</heading> <content>On or before the day fixed for his appearance, the defendant may appear and answer or move to dismiss the complaint.</content> </section> <page identifier="/us/stat/76a/367">367</page> <section> <num value="1812">§ 1812. </num> <heading>Trial; showing required</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>On the trial of a proceeding for a forcible entry or forcible detainer, the plaintiff shall be required to show, in addition to the forcible entry or forcible detainer complained of, only that he was peaceably in the actual possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The defendant may show in his defense that he or his ancestors, or those whose interest in the premises he claims, have been in the quiet possession thereof for the space of one whole year together next before the commencement of the proceedings, and that his interest therein is not then ended or determined; and such a showing is a bar to the proceedings.</content> </subsection> </section> <section> <num value="1813">§ 1813. </num> <heading>Amendment to conform to evidence; continuance</heading> <content>When, upon the trial of a proceeding under this subchapter, it appears from the evidence that the defendant has been guilty of miler forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the magistrate shall order that the complaint be forthwith amended to conform to the proofs; and the amendment shall be made without any imposition of terms. A continuance may not be permitted upon account of the amendment unless the defendant, by affidavit filed, shows to the satisfaction of the court good cause therefor.</content> </section> <section> <num value="1814">§ 1814. </num> <heading>Judgment</heading> <chapeau>If upon the trial the finding of the court is in favor of the plaintiff and against the defendant, judgment shall be entered for the restitution of the premises; and if the proceedings are for an unlawful detainer after neglect or failure to perform the conditions or covenants of the lease or agreement under which the property is held, or after default in the payment of rent, the judgment shall also declare the forfeiture of the lease or agreement.</chapeau> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The court shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful detainer is after default in the payment of rent. Judgment against the defendant guilty of the forcible entry, or forcible or unlawful detainer, may be entered in the discretion of the court either for the amount of the damages and rent found due, or for three times the amount so found.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>When the proceeding is for an unlawful detainer after default in the payment of rent, and the lease or agreement under which the rent is payable has not by its terms expired, execution upon the judgment may not be issued until the expiration of five days after the entry of the judgment, within which time the tenant, or a subtenant, or a mortgagee of the term, or another party interested in its continuance, may pay into court, for the landlord, the amount found due as rent, with interest thereon, and the amount of the damages found by the court for the unlawful detainer, and the costs of the proceedings, and thereupon the judgment shall be satisfied and the tenant be restored to his estate.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>If payment as provided in this section is not made within five days, the judgment may be enforced for its full amount, and for the possession of the premises. In all other cases the judgment may be enforced immediately.</content> </subsection> </section> <section> <num value="1815">§ 1815. </num> <heading>Relief against forfeiture of lease</heading> <content>The court nifty relieve a tenant against a forfeiture of a lease, and restore him to his former estate, in case of hardship, where application for such relief is made within 80 days after the forfeiture is declared by the judgment of the court, as provided in section 1814 of this <page identifier="/us/stat/76a/368">368</page> title. The application may be made by a tenant or subtenant, or a mortgagee of the term, or any person interested in the continuance of the term. It shall be made upon petition, setting forth the facts upon which the relief is sought, and be verified by the applicant. Notice of the application, with a copy of the petition, shall be served on the plaintiff in the judgment, who may appear and contest the application. The application may not be granted except on condition that full payment of rent due, or full performance of conditions or covenants stipulated, as far as the same is practicable, be made.</content> </section> <section> <num value="1816">§ 1816. </num> <heading>Appeals</heading> <content>The provisions of Sections 951–960 of this title, relating to appeals, except insofar as they are inconsistent with the provisions of this subchapter, apply to the proceedings specified by this subchapter.</content> </section> <section> <num value="1817">§ 1817. </num> <heading>Stay pending appeal</heading> <content>An appeal taken by the defendant does not stay proceedings upon the judgment unless the magistrate before whom the same was rendered so directs.</content> </section> <section> <num value="1818">§ 1818. </num> <heading>Rules of practice</heading> <content>Except as otherwise provided by this subchapter, the provisions governing civil actions in the magistrates’ courts are applicable to, and constitute the rules of practice in, the proceedings mentioned in this subchapter.</content> </section> <section> <num value="1819">§ 1819. </num> <heading>Jurisdiction of magistrates’ courts</heading> <content>Jurisdiction of proceedings under this subchapter is in the magistrates’ courts, as provided by section 171 of Title 3.</content> </section> </subchapter> </chapter> <chapter> <num value="61">CHAPTER 61—</num><heading>WRITS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">extraordinary writs generally</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1851.</designator> <label>Application of other provisions.</label></referenceItem> <referenceItem role="section"><designator>1852.</designator> <label>Issuance, return, and hearing.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">writ of review</inline></label></referenceItem> <referenceItem role="section"><designator>1871.</designator> <label>Writ of review defined.</label></referenceItem> <referenceItem role="section"><designator>1872.</designator> <label>Grant by district court; ground.</label></referenceItem> <referenceItem role="section"><designator>1873.</designator> <label>Application; notice.</label></referenceItem> <referenceItem role="section"><designator>1874.</designator> <label>Direction of writ.</label></referenceItem> <referenceItem role="section"><designator>1875.</designator> <label>Contents of writ.</label></referenceItem> <referenceItem role="section"><designator>1876.</designator> <label>Stay of proceedings.</label></referenceItem> <referenceItem role="section"><designator>1877.</designator> <label>Service of writ.</label></referenceItem> <referenceItem role="section"><designator>1878.</designator> <label>Scope of review.</label></referenceItem> <referenceItem role="section"><designator>1879.</designator> <label>Return; hearing; judgment.</label></referenceItem> <referenceItem role="section"><designator>1880.</designator> <label>Transmittal of copy of judgment.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">remedies formerly available by writ of mandate</inline></label></referenceItem> <referenceItem role="section"><designator>1901.</designator> <label>Order to compel performance of duty or admission to office.</label></referenceItem> <referenceItem role="section"><designator>1902.</designator> <label>Penalty for disobedience of order.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">writ of prohibition</inline></label></referenceItem> <referenceItem role="section"><designator>1921.</designator> <label>Writ of prohibition defined.</label></referenceItem> <referenceItem role="section"><designator>1922.</designator> <label>Issuance by district court; petition.</label></referenceItem> <referenceItem role="section"><designator>1923.</designator> <label>Alternative or peremptory writ.</label></referenceItem> <referenceItem role="section"><designator>1924.</designator> <label>Procedure generally; penalties.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Extraordinary Writs Generally</heading> <section> <num value="1851">§ 1851. </num> <heading>Application of other provisions</heading> <content>Except as otherwise provided by this chapter, the provisions governing civil actions in the district court apply to and constitute the rules of practice in the proceedings mentioned in this chapter.</content> </section> <page identifier="/us/stat/76a/369">369</page> <section> <num value="1852">§ 1852. </num> <heading>Issuance, return, and hearing</heading> <content>Writs of review and prohibition issued by the district court, may, in the discretion of the court, be made returnable, and a hearing thereon be had, at any time.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Writ of Review</heading> <section> <num value="1871">§ 1871. </num> <heading>Writ of review defined</heading> <content>The writ of certiorari may be denominated the writ of review.</content> </section> <section> <num value="1872">§ 1872. </num> <heading>Grant by district court; grounds</heading> <content>A writ of review may be granted by the district court when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of the tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy.</content> </section> <section> <num value="1873">§ 1873. </num> <heading>Application; notice</heading> <content>The application shall be made on the verified petition of the party beneficially interested. The court may require a notice of the application to be given to the adverse party, or may grant the writ without notice.</content> </section> <section> <num value="1874">§ 1874. </num> <heading>Direction of writ</heading> <content>The writ may be directed to the inferior tribunal, board, or officer, or to any other person having the custody of the record or proceedings to be certified.</content> </section> <section> <num value="1875">§ 1875. </num> <heading>Contents of writ</heading> <content>The writ of review shall command the party to whom it is directed to certify fully to the district court, at a specified time and place, a transcript of the record and proceedings (describing or referring to them with sufficient certainty), that they may be reviewed by the court; and requiring the party, in the meantime, to desist from further proceedings in the matter to be reviewed.</content> </section> <section> <num value="1876">§ 1876. </num> <heading>Stay of proceedings</heading> <content>If a stay of proceedings is not intended, the words requiring the stay shall be omitted from the writ. These words may be inserted or omitted, in the discretion of the court, but if they are omitted, the power of the inferior court or officer is not suspended or the proceedings stayed.</content> </section> <section> <num value="1877">§ 1877. </num> <heading>Service of writ</heading> <content>The writ shall be served in the same manner as a summons in a civil action, except when otherwise expressly directed by the court.</content> </section> <section> <num value="1878">§ 1878. </num> <heading>Scope of review</heading> <content>The review upon this writ may not be extended further than to determine whether the inferior tribunal, board, or officer has regularly pursued the authority of the tribunal, board, or officer.</content> </section> <section> <num value="1879">§ 1879. </num> <heading>Return; hearing; judgment</heading> <content> <p class="indent0 firstIndent1 fontsize10">If the return of the writ is defective, the court may order a further return to be made.</p> <p class="indent0 firstIndent1 fontsize10">When a full return has been made, the court shall hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming or annulling, or modifying the proceedings below.</p> </content> </section> <section> <num value="1880">§ 1880. </num> <heading>Transmittal of copy of judgment</heading> <content>A copy of the judgment, signed by the clerk, shall be transmitted to the inferior tribunal, hoard, or officer having the custody of the record or proceedings certified up.</content> </section> </subchapter> <page identifier="/us/stat/76a/370">370</page> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Remedies Formerly Available by Writ of Mandate</heading> <section> <num value="1901">§ 1901. </num> <heading>Order to compel performance of duty or admission to office</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>In an appropriate action, or upon an appropriate motion in an action, under the practice prescribed in the Federal Rules of Civil Procedure and in this title, the district court may issue a mandatory order to any inferior tribunal, corporation board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station; or to compel the admission of a party to the use and enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded by the inferior tribunal, corporation, board, or person.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The order shall be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law.</content> </subsection> </section> <section> <num value="1902">§ 1902. </num> <heading>Penalty for disobedience of order</heading> <content>When an order has been issued under section 1901 of this title and directed to any inferior tribunal, corporation, board, or person, if it appears to the court that a member of the tribunal, corporation, or board, or the person upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey the order, the court may, upon motion, impose a fine of not more than $1,000. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned until the order is obeyed, and may make any orders necessary and proper for the complete enforcement of the order.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Writ of Prohibition</heading> <section> <num value="1921">§ 1921. </num> <heading>Writ of prohibition defined</heading> <content>The writ of prohibition arrests the proceedings of any tribunal, corporation, board, or person exercising judicial functions, when the proceedings are without or in excess of the jurisdiction of the tribunal, corporation, board, or person.</content> </section> <section> <num value="1922">§ 1922. </num> <heading>Issuance by district court; petition</heading> <content>A writ of prohibition may be issued by the district court to an inferior tribunal or to a corporation, board, or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is issued upon the verified petition of the person beneficially interested.</content> </section> <section> <num value="1923">§ 1923. </num> <heading>Alternative or peremptory writ</heading> <content>The writ of prohibition is either alternative or peremptory. The alternative writ shall command the party to whom it is directed to desist or refrain from further proceedings in the action or matter specified therein, until the further order of the district court, and to show cause before the court, at a specified time and place, why the party should not be absolutely restrained from any further proceedings in the action or matter. The peremptory writ shall be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained, and so forth, shall be omitted, and a return day inserted.</content> </section> <section> <num value="1924">§ 1924. </num> <heading>Procedure generally; penalties</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The provisions governing procedure in civil actions in the district court apply to proceedings on a writ of prohibition.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 1902 of this title applies to the disobedience of a writ of prohibition.</content> </subsection> </section> </subchapter> </chapter> </part> <page identifier="/us/stat/76a/371">371</page> <part> <num class="bold" value="3">PART 3—</num><heading class="bold">EVIDENCE</heading> <toc> <headingItem> <designator><inline class="smallCaps">Chapter</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>101.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">General Provisions</inline></label> <target>2501</target></referenceItem> <referenceItem role="chapter"><designator>103.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Subpoenas; Rights and Duties of Witnesses</inline></label> <target>2561</target></referenceItem> <referenceItem role="chapter"><designator>105.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Production of Evidence</inline></label> <target>2801</target></referenceItem> <referenceItem role="chapter"><designator>107.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Presentation of Evidence</inline></label> <target>2681</target></referenceItem> <referenceItem role="chapter"><designator>109.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Admissibility of Evidence; Uniform Rules of Evidence</inline></label> <target>2731</target></referenceItem> <referenceItem role="chapter"><designator>111.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Admissibility and Sufficiency of Evidence</inline></label> <target>3051</target></referenceItem> </toc> <chapter> <num value="101">CHAPTER 101—</num><heading>GENERAL PROVISIONS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2501.</designator> <label>Application of provisions.</label></referenceItem> <referenceItem role="section"><designator>2502.</designator> <label>Persons authorized to administer oaths.</label></referenceItem> <referenceItem role="section"><designator>2503.</designator> <label>Form of oath.</label></referenceItem> <referenceItem role="section"><designator>2504.</designator> <label>Variation according to belief of witness.</label></referenceItem> <referenceItem role="section"><designator>2505.</designator> <label>Form of affirmation or declaration.</label></referenceItem> </toc> <section> <num value="2501">§ 2501. </num> <heading>Application of provisions</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Except as otherwise provided, this Part applies to the district court and to the magistrates’ courts.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Except as otherwise provided, and subject to the provisions of Title 6, this Part applies to civil actions and to criminal actions.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>As used in this Part, “civil action” includes special proceedings of a civil nature.</content> </subsection> </section> <section> <num value="2502">§ 2502. </num> <heading>Persons authorized to administer oaths</heading> <content>Every court, every judge, or clerk of any court, every magistrate, and every notary public, and every officer or person authorized to take testimony in any action or proceeding, or to decide upon evidence, may administer oaths or affirmations.</content> </section> <section> <num value="2503">§ 2503. </num> <heading>Form of oath</heading> <content>An oath, or affirmation, in an action or proceeding, may be administered as follows, the person who swears, or affirms, expressing his assent when addressed in the following form: “You do solemnly swear (or affirm, as the case may be), that the evidence you shall give in this issue (or matter), pending between <fillIn style="font-family:monospace">----</fillIn> and <fillIn style="font-family:monospace">----</fillIn>, shall be the truth, the whole truth, and nothing but the truth, so help you God.”</content> </section> <section> <num value="2504">§ 2504. </num> <heading>Variation according to belief of witness</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whenever the court before which a person is offered as a witness is satisfied that he has a peculiar mode of swearing, connected with or in addition to the usual form of administration, which, in his opinion, is more solemn or obligatory, the court may adopt that mode.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>When a person is sworn who believes in any other than the Christian religions he may be sworn according to the peculiar ceremonies of his religion, if any.</content> </subsection> </section> <section> <num value="2505">§ 2505. </num> <heading>Form of affirmation or declaration</heading> <content>Any person who desires it may, at his option, instead of taking an oath, make his solemn affirmation or declaration, by assenting, when addressed, in the following form: “You do solemnly affirm (or declare) that” and so forth, as provided by section 2503 of this title.</content> </section> </chapter> <page identifier="/us/stat/76a/372">372</page> <chapter> <num value="103">CHAPTER 103—</num><heading>SUBPOENAS; RIGHTS AND DUTIES OF WITNESSES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2551.</designator> <label>Subpoenas generally.</label></referenceItem> <referenceItem role="section"><designator>2552.</designator> <label>Duty of witness to attend.</label></referenceItem> <referenceItem role="section"><designator>2553.</designator> <label>Period of attendance.</label></referenceItem> <referenceItem role="section"><designator>2554.</designator> <label>Forfeiture for disobedience.</label></referenceItem> <referenceItem role="section"><designator>2555.</designator> <label>Warrant for arrest of witness.</label></referenceItem> <referenceItem role="section"><designator>2556.</designator> <label>Warrant of commitment.</label></referenceItem> <referenceItem role="section"><designator>2557.</designator> <label>Immunity of witness from civil arrest.</label></referenceItem> <referenceItem role="section"><designator>2558.</designator> <label>Persons present.</label></referenceItem> <referenceItem role="section"><designator>2559.</designator> <label>Prisoner as witness.</label></referenceItem> <referenceItem role="section"><designator>2560.</designator> <label>Concealed witness.</label></referenceItem> <referenceItem role="section"><designator>2561.</designator> <label>Interpreters.</label></referenceItem> <referenceItem role="section"><designator>2562.</designator> <label>Witness fees.</label></referenceItem> </toc> <section> <num value="2551">§ 2551. </num> <heading>Subpoenas generally</heading> <content>A subpoena in a civil action issued by the district court or by a magistrate’s court is governed by Rule 45 of the Federal Rules of Civil Procedure, except that a subpoena issued by either court for a trial or hearing or for the taking of a deposition may be served, and attendance of the witness may be required, anywhere within the Canal Zone.</content> </section> <section> <num value="2552">§ 2552. </num> <heading>Duty of witness to attend</heading> <content>A witness served with a subpoena shall attend at the time appointed, with any papers under his control lawfully required by the subpoena, and answer all pertinent and legal questions; and, unless sooner discharged, shall remain until the testimony is closed.</content> </section> <section> <num value="2553">§ 2553. </num> <heading>Period of attendance</heading> <content>A witness has a right to be detained only as long as the interests of justice require it.</content> </section> <section> <num value="2554">§ 2554. </num> <heading>Forfeiture for disobedience</heading> <content>Except in a criminal action, and in addition to any other penalty, a witness disobeying a subpoena shall forfeit to the party aggrieved the sum of $100, and all damages which he may sustain by the failure of the witness to attend, which forfeiture and damages may be recovered in a civil action.</content> </section> <section> <num value="2555">§ 2555. </num> <heading>Warrant for arrest of witness</heading> <content>In case of failure of a witness to attend, the court issuing the subpoena, upon proof of the service thereof, and of the failure of the witness to attend, may issue a warrant to the marshal or constable to arrest the witness and bring him before the court, officer, or board where his attendance was required.</content> </section> <section> <num value="2556">§ 2556. </num> <heading>Warrant of commitment</heading> <content>A warrant of commitment, issued by a court pursuant to this chapter, shall specify therein, particularly, the cause of the commitment, and if it is for refusing to answer a question, the question shall be stated in the warrant.</content> </section> <section> <num value="2557">§ 2557. </num> <heading>Immunity of witness from civil arrest</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A person who has been, in good faith, served with a subpoena to attend as a witness in a case where the disobedience of the witness may be punished as a contempt, is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there, and returning therefrom.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The arrest of a witness contrary to subsection (a) of this section is void, and, when willfully made, is a contempt of the court. The person making the arrest is responsible to the witness arrested for double the amount of the damages which may be assessed against him, <page identifier="/us/stat/76a/373">373</page> and is also liable to an action by the party serving the witness with the subpoena, for the damages sustained by him in consequence of the arrest.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <chapeau>An officer is not liable for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the witness, if the witness party claims the exemption, and makes an affidavit stating that:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>he has been served with a subpoena to attend as a witness before a court, officer, or other person, specifying the same, the place of attendance and the action or proceeding in which the subpoena was issued;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>he has not thus been served by his own procurement, with the intention of avoiding an arrest; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>he is at the time going to the place of attendance, or returning therefrom, or remaining there in obedience to the subpoena.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The affidavit may be taken by the officer, and exonerates him from liability for discharging the witness when arrested.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The court or officer before whom the attendance is required may discharge the witness from an arrest made in violation of subsection (a) of this section.</content> </subsection> </section> <section> <num value="2558">§ 2558. </num> <heading>Persons present</heading> <content>A person present in court, or before a judicial officer, may be required to testify in the same manner as if he were in attendance upon a subpoena issued by the court or officer.</content> </section> <section> <num value="2559">§ 2559. </num> <heading>Prisoner as witness</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Except in a criminal action, if the witness is confined in a jail or prison within the Canal Zone, an order may be made by the district court for his examination in the prison upon deposition, or for his temporary removal and production before the district court, a magistrate’s court, or an officer.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The order may be made only on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.</content> </subsection> </section> <section> <num value="2560">§ 2560. </num> <heading>Concealed witness</heading> <content>If a witness is concealed in a building or vessel, so as to prevent the service of a subpoena upon him, the district court or magistrate’s court issuing the subpoena may, upon proof by affidavit of the concealment, and of the materiality of the witness, make an order that the marshal or constable serve the subpoena; and the marshal or constable shall serve it accordingly, and for that purpose may break into the building or vessel where the witness is concealed.</content> </section> <section> <num value="2561">§ 2561. </num> <heading>Interpreters</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If a witness does not understand and speak the English language, an interpreter shall be sworn to interpret for him.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Any person, a resident of the proper division or subdivision, may be summoned by a court or judge to appear before the court or judge to act as interpreter in any action or proceeding. The summons shall he served and returned in like manner as a subpoena. A person so summoned who fails to attend at the time and place named in the summons is guilty of a contempt.</content> </subsection> </section> <section> <num value="2562">§ 2562. </num> <heading>Witness fees</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Witnesses in the district court, either in actions or special proceedings, are entitled to $4 per day and 10 cents for each mile going to the place of trial from their homes by the nearest route of usual travel. Mileage may be charged but once in the action unless the <page identifier="/us/stat/76a/374">374</page> witness is compelled to attend more than one term of court, and an allowance may not be made for mileage except that traveled within the Canal Zone.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Witnesses in magistrates’ courts are entitled to $2 per day and the travel fees provided by subsection (a) of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Fees to which a witness may be entitled in a civil action shall be allowed on the affidavit of the witness, stating the number of days he has attended and the amount of mileage to which he is entitled to be taken and preserved by the clerk of the court, magistrate, or other officer before whom the witness was called to testify, and a certificate of the allowance shall be given to the witness. On final taxation of costs the truth of the affidavit may be contested and this allowance may be set aside in whole or in part as the facts require.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>A witness is not entitled to compensation for his attendance in more than one case or on more than one side of the same case at the same time, but may elect in which of several cases or on which side of the case, when he is summoned by both sides, to claim his attendance. A person who is compelled to attend court on other business is not entitled to compensation as a witness.</content> </subsection> </section> </chapter> <chapter> <num value="105">CHAPTER 105—</num><heading>PRODUCTION OF EVIDENCE</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2591.</designator> <label>Mode of taking testimony.</label></referenceItem> <referenceItem role="section"><designator>2592.</designator> <label>Oral examination defined.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">affidavits</inline></label></referenceItem> <referenceItem role="section"><designator>2611.</designator> <label>Affidavit defined.</label></referenceItem> <referenceItem role="section"><designator>2612.</designator> <label>Use of affidavits.</label></referenceItem> <referenceItem role="section"><designator>2613.</designator> <label>Proof of publication.</label></referenceItem> <referenceItem role="section"><designator>2614.</designator> <label>Persons before whom affidavits taken.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">depositions and discovery</inline></label></referenceItem> <referenceItem role="section"><designator>2641.</designator> <label>Depositions and discovery generally.</label></referenceItem> <referenceItem role="section"><designator>2642.</designator> <label>Depositions for use outside Canal Zone; Uniform Foreign Depositions Act.</label></referenceItem> <referenceItem role="section"><designator>2643.</designator> <label>Depositions in foreign countries.</label></referenceItem> <referenceItem role="section"><designator>2644.</designator> <label>Subpoena of witness in foreign country; contempt.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="2591">§ 2591. </num> <heading>Mode of taking testimony</heading> <chapeau>The testimony of witnesses may be taken in three modes:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by affidavit;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by deposition; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by oral examination.</content> </paragraph> </section> <section> <num value="2592">§ 2592. </num> <heading>Oral examination defined</heading> <content>An oral examination is an examination in presence of the jury or tribunal which is to decide the fact or act upon it, the testimony being heard by the jury or tribunal from the lips of the witness.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Affidavits</heading> <section> <num value="2611">§ 2611. </num> <heading>Affidavit defined</heading> <content>An affidavit is a written declaration under oath, made without notice to the adverse party.</content> </section> <section> <num value="2612">§ 2612. </num> <heading>Use of affidavits</heading> <content>An affidavit may be used to verify a pleading or a paper in a special proceeding, to prove the service of a summons, notice, or other paper in an action or special proceeding, to obtain a provisional remedy, <page identifier="/us/stat/76a/375">375</page> the examination of a witness, or a stay of proceedings, or upon a motion, and in any other case expressly permitted by another provision of this Code.</content> </section> <section> <num value="2613">§ 2613. </num> <heading>Proof of publication</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Evidence of the publication of a document or notice required by law, or by an order of a court or judge, to be published in a newspaper, may be given by the affidavit of the printer of the newspaper, or his foreman or principal clerk, annexed to a copy of the document or notice, specifying the times when, and the paper in which, the publication was made.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the affidavit is made in an action or special proceeding pending in a court, it may be filed with the court or the clerk thereof. The original affidavit, or a copy thereof, certified by the judge of the court or clerk having it in custody, is prima facie evidence of the facts stated therein.</content> </subsection> </section> <section> <num value="2614">§ 2614. </num> <heading>Persons before whom affidavits taken</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>An affidavit to be used before a court, judge, or officer of the Canal Zone may be taken before any officer authorized to administer oaths.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>An affidavit taken in a State of the United States, to be used in the Canal Zone, may be taken before a commissioner appointed by the Governor of the Canal Zone to take affidavits in the State, or before any notary public in a State, or before any judge or clerk of a court of record having a seal.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>An affidavit taken in a foreign country to be used in the Canal Zone, may be taken before an ambassador, minister, consul, vice-consul, or consular agent of the United States, or before any judge of a court of record having a seal in the foreign country.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>When an affidavit is taken before a judge of a court in a State, or in a foreign country, the genuineness of the signature of the judge, the existence of the court, and the fact that the judge is a member thereof, shall be certified by the clerk of the court, under the seal thereof.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>An affidavit may be taken before an officer of the armed forces as provided by section 725 of Title 4.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Depositions and Discovery</heading> <section> <num value="2641">§ 2641. </num> <heading>Depositions and discovery generally</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Except as provided in this section, Rules 26–37 of the Federal Rules of Civil Procedure apply both to the district court and to the magistrates’ courts in civil actions.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>For the purpose of taking depositions in the Canal Zone for use outside the Canal Zone, proceedings in aid thereof shall be had in the district court.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content class="inline"> <p class="inline">In an action in a magistrate’s court, a deposition may be taken outside the Canal Zone only upon an order of the magistrate’s court, upon notice to the parties, granting leave to take the deposition. In proceedings under this subsection, references in Rules 26–37 and 45 of the Federal Rules of Civil Procedure to a notice to take a deposition shall be deemed to refer to an order of a magistrate’s court granting leave to take a deposition.</p> <p class="indent0 firstIndent1 fontsize10">An order of a magistrate’s court under this subsection, or a commission or letters rogatory issued by a magistrate’s court under Rule 28(b) of the Federal Rules of Civil Procedure, shall have attached thereto a certificate of the clerk of the district court, under the seal of the district court, to the effect that the person issuing the order, commission, or letters rogatory was an acting magistrate at the date of the order.</p> </content> </subsection> <page identifier="/us/stat/76a/376">376</page> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Proceedings before action, pursuant to Rule 27(a) of the Federal Rules of Civil Procedure, to perpetuate testimony regarding a matter which may be cognizable in either the district court or a magistrate’s court may be brought only in the district court. A deposition so taken may be used as provided in Rule 27(a)(4) in an action subsequently brought in either the district court or a magistrate’s court.</content> </subsection> </section> <section> <num value="2642">§ 2642. </num> <heading>Depositions for use outside Canal Zone; Uniform Foreign Depositions Act</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whenever any mandate, writ, or commission is issued out of any court of record in any State of the United States or foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness or witnesses in the Canal Zone, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in the district court in the Canal Zone.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>This section shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those States which enact it.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>This section may be cited as the <shortTitle role="section">Uniform Foreign Depositions Act.</shortTitle></content> </subsection> </section> <section> <num value="2643">§ 2643. </num> <heading>Depositions in foreign countries</heading> <content>Sections 1781 and 1785 of Title 28, United States Code, apply to commissions and letters rogatory issued by the district court and the magistrates’ courts.</content> </section> <section> <num value="2644">§ 2644. </num> <heading>Subpoena of witness in foreign country; contempt</heading> <content>Sections 1788 and 1784 of Title 28, United States Code, apply to civil and criminal actions in the district court but not in the magistrates’ courts.</content> </section> </subchapter> </chapter> <chapter> <num value="107">CHAPTER 107—</num><heading>PRESENTATION OF EVIDENCE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2681.</designator> <label>Control of judge over presentation of evidence.</label></referenceItem> <referenceItem role="section"><designator>2682.</designator> <label>Presence of parties.</label></referenceItem> <referenceItem role="section"><designator>2683.</designator> <label>Exclusion of witnesses.</label></referenceItem> <referenceItem role="section"><designator>2684.</designator> <label>Postponement for absence of evidence.</label></referenceItem> </toc> <section> <num value="2681">§ 2681. </num> <heading>Control of judge over presentation of evidence</heading> <chapeau>In civil actions, and in criminal actions except as otherwise provided by Title 6 of this Code or an applicable provision of Title 18 of the United States Code, the judge controls the conduct of the trial to the end that the evidence shall be presented honestly, expeditiously and in such form as to be readily understood, and in his discretion determines, among other things:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in what order evidence shall be offered and witnesses shall he called and examined;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>how many counsel for a party may examine or cross-examine a witness;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>how many witnesses a party may reasonably call to testify to a material matter;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>whether to call witnesses of his own motion, and whether and to what extent to interrogate a witness by whomever called;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>whether to exclude, of his own motions evidence which would violate a privilege of a person who is neither a party nor the witness from whom the evidence is sought if the privilege has not been waived or otherwise terminated, or which would be excluded on appropriate objection by an adverse party;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>what reasonable restraints shall be imposed upon the examiner of a witness in order that the witness be not misled, intimidated, harassed or unduly disconcerted;</content> </paragraph> <page identifier="/us/stat/76a/377">377</page> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>to what extent and in what circumstances a party calling a witness shall be permitted, and a party not calling him shall be forbidden, to put to the witness questions suggesting the desired answers;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>to what extent and in what circumstances a party cross-examining a witness may be forbidden to examine him concerning material matter not inquired about on a previous examination by the judge or by an adverse party;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>whether or upon what condition a party may put questions or use any writing, object or other means for the purpose of reviving the memory of a witness;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>whether a witness in communicating admissible evidence may use as a substitute for oral testimony or in addition to it a writing, model, device or any other understandable means of communication, and whether a means so used may be admitted in evidence;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>whether counsel may use a writing, model or other device as a means of conveying a reasonably accurate understanding of his interpretation of admitted evidence;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>whether or upon what condition an adverse party shall upon demand made at the trial submit for inspection to the demanding party a writing or object found by the judge to be in the control of the adverse party and readily accessible and to constitute or contain evidence admissible against the adverse party; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content>whether or not an exhibit which has been received in evidence shall be available to the jury after its retirement to deliberate upon the verdict.</content> </paragraph> </section> <section> <num value="2682">§ 2682. </num> <heading>Presence of parties</heading> <content>Upon a trial, a witness may be heard only in the presence and subject to the examination of all the parties, if they choose to attend and examine.</content> </section> <section> <num value="2683">§ 2683. </num> <heading>Exclusion of witnesses</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>In his discretion, on his own motion or on the request of a party, the judge may exclude from the courtroom any witness not at the time under examination, so that he may not hear the testimony of other witnesses. A party to the action or proceeding may not be so excluded; and if a corporation is a part, it is entitled to the presence of one of its officers, to be designated by its attorney.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In a criminal action, the judge may also cause the witnesses to be kept separate and to be prevented from conversing with each other until they are examined.</content> </subsection> </section> <section> <num value="2684">§ 2684. </num> <heading>Postponement for absence of evidence</heading> <content> <p class="indent0 firstIndent1 fontsize10">A motion to postpone a trial on the ground of the absence of evidence may be made only upon affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it.</p> <p class="indent0 firstIndent1 fontsize10">The court may require the moving party, where application is made on account of the absence of a material witness, to state upon affidavit the evidence which he expects to obtain. If the adverse party thereupon admits that the evidence would be given, and that it be considered as actually given on the trial, or offered and overruled as improper, the trial may not be postponed.</p> </content> </section> </chapter> <page identifier="/us/stat/76a/378">378</page> <chapter> <num value="109">CHAPTER 109—</num><heading>ADMISSIBILITY OF EVIDENCE; UNIFORM RULES OF EVIDENCE</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2731.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>2732.</designator> <label>Scope of chapter.</label></referenceItem> <referenceItem role="section"><designator>2733.</designator> <label>Undisputed matter; pre-trial conferences and admissions.</label></referenceItem> <referenceItem role="section"><designator>2734.</designator> <label>Effect of erroneous admission of evidence.</label></referenceItem> <referenceItem role="section"><designator>2735.</designator> <label>Effect of erroneous exclusion of evidence.</label></referenceItem> <referenceItem role="section"><designator>2736.</designator> <label>Limited admissibility.</label></referenceItem> <referenceItem role="section"><designator>2737.</designator> <label>General abolition of disqualifications and privileges of witnesses, and of exclusionary rules.</label></referenceItem> <referenceItem role="section"><designator>2738.</designator> <label>Preliminary inquiry by judge.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">judicial notice</inline></label></referenceItem> <referenceItem role="section"><designator>2761.</designator> <label>Facts which must or may be judicially noticed.</label></referenceItem> <referenceItem role="section"><designator>2762.</designator> <label>Determination as to propriety of judicial notice and tenor of matter noticed.</label></referenceItem> <referenceItem role="section"><designator>2763.</designator> <label>Instructing the trier of fact as to matter judicially noticed.</label></referenceItem> <referenceItem role="section"><designator>2764.</designator> <label>Judicial notice in proceedings subsequent to trial.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">presumptions</inline></label></referenceItem> <referenceItem role="section"><designator>2791.</designator> <label>Definition.</label></referenceItem> <referenceItem role="section"><designator>2792.</designator> <label>Effect of presumptions.</label></referenceItem> <referenceItem role="section"><designator>2793.</designator> <label>Inconsistent presumptions.</label></referenceItem> <referenceItem role="section"><designator>2794.</designator> <label>Burden of proof not relaxed as to some presumptions.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">witnesses</inline></label></referenceItem> <referenceItem role="section"><designator>2821.</designator> <label>Disqualification of witness; interpreters.</label></referenceItem> <referenceItem role="section"><designator>2822.</designator> <label>Oath.</label></referenceItem> <referenceItem role="section"><designator>2823.</designator> <label>Prerequisites of knowledge and experience.</label></referenceItem> <referenceItem role="section"><designator>2824.</designator> <label>Evidence generally affecting credibility.</label></referenceItem> <referenceItem role="section"><designator>2825.</designator> <label>Limitations on evidence of conviction of crime as affecting credibility.</label></referenceItem> <referenceItem role="section"><designator>2826.</designator> <label>Further limitations on admissibility of evidence affecting credibility.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">privileges</inline></label></referenceItem> <referenceItem role="section"><designator>2851.</designator> <label>Privilege of accused.</label></referenceItem> <referenceItem role="section"><designator>2852.</designator> <label>Definition of incrimination.</label></referenceItem> <referenceItem role="section"><designator>2353.</designator> <label>Self-incrimination; exceptions.</label></referenceItem> <referenceItem role="section"><designator>2854.</designator> <label>Lawyer-client privilege.</label></referenceItem> <referenceItem role="section"><designator>2855.</designator> <label>Physician-patient privilege.</label></referenceItem> <referenceItem role="section"><designator>2856.</designator> <label>Marital privilege; confidential communications.</label></referenceItem> <referenceItem role="section"><designator>2857.</designator> <label>Priest-penitent privilege; definition; penitential communications.</label></referenceItem> <referenceItem role="section"><designator>2858.</designator> <label>Religious belief.</label></referenceItem> <referenceItem role="section"><designator>2859.</designator> <label>Political vote.</label></referenceItem> <referenceItem role="section"><designator>2860.</designator> <label>Trade secret.</label></referenceItem> <referenceItem role="section"><designator>2861.</designator> <label>Secret of state.</label></referenceItem> <referenceItem role="section"><designator>2862.</designator> <label>Official information.</label></referenceItem> <referenceItem role="section"><designator>2863.</designator> <label>Identity of informer.</label></referenceItem> <referenceItem role="section"><designator>2864.</designator> <label>Waiver of privilege by contract or previous disclosure.</label></referenceItem> <referenceItem role="section"><designator>2865.</designator> <label>Admissibility of disclosure wrongfully compelled.</label></referenceItem> <referenceItem role="section"><designator>2866.</designator> <label>Reference to exercise of privileges.</label></referenceItem> <referenceItem role="section"><designator>2867.</designator> <label>Effect of error in overruling claim of privilege.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vi</inline>—</designator><label><inline class="smallCaps">extrinsic policies affecting admissibility</inline></label></referenceItem> <referenceItem role="section"><designator>2891.</designator> <label>Evidence to test a verdict.</label></referenceItem> <referenceItem role="section"><designator>2892.</designator> <label>Testimony by the judge.</label></referenceItem> <referenceItem role="section"><designator>2893.</designator> <label>Testimony by a juror.</label></referenceItem> <referenceItem role="section"><designator>2894.</designator> <label>Testimony of jurors not limited except by this chapter.</label></referenceItem> <referenceItem role="section"><designator>2895.</designator> <label>Discretion of judge to exclude admissible evidence.</label></referenceItem> <referenceItem role="section"><designator>2896.</designator> <label>Character; manner of proof.</label></referenceItem> <referenceItem role="section"><designator>2897.</designator> <label>Character trait as proof of conduct.</label></referenceItem> <referenceItem role="section"><designator>2898.</designator> <label>Character trait for care or skill; inadmissible to prove quality of conduct.</label></referenceItem> <referenceItem role="section"><designator>2899.</designator> <label>Habit or custom to prove specific behavior.</label></referenceItem> <referenceItem role="section"><designator>2900.</designator> <label>Opinion and specific instances of behavior to prove habit or custom.</label></referenceItem> <referenceItem role="section"><designator>2901.</designator> <label>Subsequent remedial conduct.</label></referenceItem> <referenceItem role="section"><designator>2902.</designator> <label>Offer to compromise and the like, not evidence of liability.</label></referenceItem> <referenceItem role="section"><designator>2903.</designator> <label>Offer to discount claim, not evidence of invalidity.</label></referenceItem> <referenceItem role="section"><designator>2904.</designator> <label>Liability insurance.</label></referenceItem> <referenceItem role="section"><designator>2905.</designator> <label>Other crimes or civil wrongs.</label></referenceItem> <page identifier="/us/stat/76a/379">379</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vii</inline>—</designator><label><inline class="smallCaps">expert and other opinion testimony</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2931.</designator> <label>Testimony in form of opinion.</label></referenceItem> <referenceItem role="section"><designator>2932.</designator> <label>Preliminary examination.</label></referenceItem> <referenceItem role="section"><designator>2933.</designator> <label>Hypothesis for expert opinion not necessary.</label></referenceItem> <referenceItem role="section"><designator>2934.</designator> <label>Appointment of experts.</label></referenceItem> <referenceItem role="section"><designator>2935.</designator> <label>Compensation of expert witnesses.</label></referenceItem> <referenceItem role="section"><designator>2936.</designator> <label>Credibility of appointed expert witness.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter viii</inline>—</designator><label><inline class="smallCaps">hearsay evidence</inline></label></referenceItem> <referenceItem role="section"><designator>2961.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>2962.</designator> <label>Hearsay evidence excluded; exceptions.</label></referenceItem> <referenceItem role="section"><designator>2963.</designator> <label>Discretion of judge under exceptions (15), (16), (17), (18) and (19) to exclude evidence.</label></referenceItem> <referenceItem role="section"><designator>2964.</designator> <label>Credibility of declarant.</label></referenceItem> <referenceItem role="section"><designator>2965.</designator> <label>Multiple hearsay.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ix</inline>—</designator><label><inline class="smallCaps">authentication and content of writings</inline></label></referenceItem> <referenceItem role="section"><designator>2991.</designator> <label>Authentication required; ancient documents.</label></referenceItem> <referenceItem role="section"><designator>2992.</designator> <label>Authentication of copies of records.</label></referenceItem> <referenceItem role="section"><designator>2993.</designator> <label>Certificate of lack of record.</label></referenceItem> <referenceItem role="section"><designator>2994.</designator> <label>Documentary originals as the best evidence.</label></referenceItem> <referenceItem role="section"><designator>2995.</designator> <label>Proof of attested writings.</label></referenceItem> <referenceItem role="section"><designator>2996.</designator> <label>Photographic copies to prove content or business and public records.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="2731">§ 2731. </num> <heading>Definitions</heading> <content> <p class="indent0 firstIndent1 fontsize10">“Evidence” means the means from which inferences may be drawn as a basis of proof in duly constituted judicial or fact-finding tribunals, and includes testimony in the form of opinion, and hearsay.</p> <p class="indent0 firstIndent1 fontsize10">“Relevant evidences” means evidence having any tendency in reason to prove any material fact.</p> <p class="indent0 firstIndent1 fontsize10">“Proof” means all of the evidence before the trier of the fact relevant to a fact in issue which tends to prove the existence or non-existence of such fact.</p> <p class="indent0 firstIndent1 fontsize10">“Burden of proof” means the obligation of a party to meet the requirements of a rule of law that the fact be proved either by a preponderance of the evidence or by clear and convincing evidence or beyond a reasonable doubt, as the case may be. Burden of proof is synonymous with “burden of persuasion.”</p> <p class="indent0 firstIndent1 fontsize10">“Burden of producing evidence” means the obligation of a party to introduce evidence when necessary to avoid the risk of a directed verdict or peremptory finding against him on a material issue of fact.</p> <p class="indent0 firstIndent1 fontsize10">“Conduct” includes all active and passive behavior, both verbal and non-verbal.</p> <p class="indent0 firstIndent1 fontsize10">“The hearing”, unless some other is indicated by the context of the section where the term is used, means the hearing at which the question under a section is raised, and not some earlier or later hearing.</p> <p class="indent0 firstIndent1 fontsize10">“Finding of fact” means the determination from proof or judicial notice of the existence of a fact. A ruling implies a supporting Finding of fact; separate or formal finding is not required unless required by a statute or rule applicable in the Canal Zone.</p> <p class="indent0 firstIndent1 fontsize10">“Guardian” means the person, committee, or other representative authorized by law to protect the person or estate or both of an incompetent (or of a <i>sui juris</i> person having a guardian) and to act for him in matters affecting his person or property or both. An incompetent is a person under disability imposed by law.</p> <p class="indent0 firstIndent1 fontsize10">“Judge” means member or members or representative or representatives of a court conducting a trial or hearing at which evidence is introduced.</p> <p class="indent0 firstIndent1 fontsize10">“Trier of fact” includes a jury and a judge when he is trying an issue of fact other than one relating to the admissibility of evidence.</p> <p class="indent0 firstIndent1 fontsize10">“Verbal” includes both oral and written words.</p> <page identifier="/us/stat/76a/380">380</page> <p class="indent0 firstIndent1 fontsize10">“Writing” means handwriting, typewriting, printing, photostating, photographing and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof.</p> </content> </section> <section> <num value="2732">§ 2732. </num> <heading>Scope of chapter</heading> <content>Except to the extent to which it may be relaxed by other procedural rule or statute applicable to the specific situation, this chapter applies in every proceeding, both criminal and civil, conducted by or under the supervision of a court, in which evidence is produced.</content> </section> <section> <num value="2733">§ 2733. </num> <heading>Undisputed matter; pre-trial conferences and admissions</heading> <content>If there is no bona fide dispute between the parties as to a material fact in a civil action, the issues for trial may be limited in a pre-trial conference or a party may obtain an admission of facts or of genuineness of documents as provided by Rules 16 and 36 of the Federal Rules of Civil Procedure.</content> </section> <section> <num value="2734">§ 2734. </num> <heading>Effect of erroneous admission of evidence</heading> <content>Errors in the admission of evidence are governed by Rules 46 and 61 of the Federal Rules of Civil Procedure in civil actions, and by Rules 51 and 52 of the Federal Rules of Criminal Procedure in criminal actions.</content> </section> <section> <num value="2735">§ 2735. </num> <heading>Effect of erroneous exclusion of evidence</heading> <content>A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous exclusion of evidence unless (1) it appears of record that the proponent of the evidence either made known the substance of the evidence in a form and by a method approved by the judge, or indicated the substance of the expected evidence by questions indicating the desired answers, and (2) the court which passes upon the effect of the error or errors is of opinion that the excluded evidence would probably have had a substantial influence in bringing about a different verdict or finding.</content> </section> <section> <num value="2736">§ 2736. </num> <heading>Limited admissibility</heading> <content>When relevant evidence is admissible as to one party or for one purpose and is inadmissible as to other parties or for another purpose, the judge upon request shall restrict the evidence to its proper scope and instruct the jury accordingly.</content> </section> <section> <num value="2737">§ 2737. </num> <heading>General abolition of disqualifications and privileges of witnesses, and of exclusionary rules</heading> <content>Except as otherwise provided in this chapter, (1) every person is qualified to be a witness, and (2) no person has a privilege to refuse to be a witness, and (3) no person is disqualified to testify to any matter, and (4) no person has a privilege to refuse to disclose any matter or to produce any object or writing, and (5) no person has a privilege that another shall not be a witness or shall not disclose any matter or shall not produce any object or writing, and (6) all relevant evidence is admissible.</content> </section> <section> <num value="2738">§ 2738. </num> <heading>Preliminary inquiry by judge</heading> <content>When the qualification of a person to be a witness, or the admissibility of evidence, or the existence of a privilege is stated in this chapter to be subject to a condition, and the fulfillment of the condition is in issue, the issue is to be determined by the judge, and he shall indicate to the parties which one has the burden of producing evidence and the burden of proof on such issue as implied by the section under which the question arises. The judge may hear and determine such matters out <page identifier="/us/stat/76a/381">381</page> of the presence or hearing of the jury, except that on the admissibility, of a confession the judge, if requested, shall hear and determine the question out of the presence and hearing of the jury. But this section shall not be construed to limit the right of a party to introduce before the jury evidence relevant to weight or credibility.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Judicial Notice</heading> <section> <num value="2761">§ 2761. </num> <heading>Facts which must or may be judicially noticed</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Judicial notice shall be taken without request by a party, of the common law, constitutions and public statutes in force in every state, territory and jurisdiction of the United States, and of such specific facts and propositions of generalized knowledge as are so universally known that they cannot reasonably be the subject of dispute.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Judicial notice may be taken without request by a party, of (1) private acts and resolutions of the Congress of the United States, and duly enacted ordinances and duly published regulations of any agency of the United States, and (2) the laws of foreign countries, and (3) such facts as are so generally known or of such common notoriety within the territorial jurisdiction of the court that they cannot reasonably be the subject of dispute, and (4) specific facts and propositions of generalized knowledge which are capable of immediate and accurate determination by resort to easily accessible sources of indisputable accuracy.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Judicial notice shall be taken of each matter specified in paragraph (b) of this section if a party requests it and (1) furnishes the judge sufficient information to enable him properly to comply with the request and (2) has given each adverse party such notice as the judge may require to enable the adverse party to prepare to meet the request.</content> </subsection> </section> <section> <num value="2762">§ 2762. </num> <heading>Determination as to propriety of judicial notice and tenor of matter noticed</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The judge shall afford each party reasonable opportunity to to him information relevant to the propriety of taking judicial notice of a matter or to the tenor of the matter to be noticed.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In determining the propriety of taking judicial notice of a matter or the tenor thereof, (1) the judge may consult and use any source of pertinent information, whether or not furnished by a party, and (2) no exclusionary rule except a valid claim of privilege shall apply.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>If the information possessed by or readily available to the judge, whether or not furnished by the parties, fails to convince him that a matter falls clearly within section 2761 of this title, or if it is insufficient to enable him to notice the matter judicially, he shall decline to take judicial notice thereof.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>In any event the determination either by judicial notice or from evidence of the applicability and the tenor of any matter of common law, constitutional law, or of any statute, private act, resolution, ordinance or regulation falling within section 2761 of this title, is a matter for the judge and not for the jury.</content> </subsection> </section> <section> <num value="2763">§ 2763. </num> <heading>Instructing the trier of fact as to matter judicially noticed</heading> <content>If a matter judicially noticed is other than the common law or constitution or public statutes of the United States the judge shall indicate for the record the matter which is judicially noticed and if the matter would otherwise have been for determination by a trier of fact other than the judge, he shall instruct the trier of the feet to accept as a fact the matter so noticed.</content> </section> <page identifier="/us/stat/76a/382">382</page> <section> <num value="2764">§ 2764. </num> <heading>Judicial notice in proceedings subsequent to trial</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The failure or refusal of the judge to take judicial notice of a matter, or to instruct the trier of fact with respect to the matter, shall not preclude the judge from taking judicial notice of the matter in subsequent proceedings in the action.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The rulings of the judge pursuant to sections 2761, 2762, and 2763 of this title are subject to review.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The reviewing court in its discretion may take judicial notice of any matter specified by section 2761 of this title whether or not judicially noticed by the judge.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>A judge or a reviewing court taking judicial notice under paragraph (a) or (c) of this section of matter not theretofore so noticed in the action shall afford the parties reasonable opportunity to present information relevant to the propriety of taking such judicial notice and to the tenor of the matter to be noticed.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Presumptions</heading> <section> <num value="2791">§ 2791. </num> <heading>Definition</heading> <content>A presumption is an assumption of fact resulting from a rule of law which requires such fact to be assumed from another fact or group of facts found or otherwise established in the action.</content> </section> <section> <num value="2792">§ 2792. </num> <heading>Effect of presumptions</heading> <content>Subject to section 2794 of this title, and except for presumptions which are conclusive or irrefutable under the rules of law from which they arise, (1) if the facts from which the presumption is derived have any probative value as evidence of the existence of the presumed fact, the presumption continues to exist and the burden of establishing the non-existence of the presumed fact is upon the party against whom the presumption operates, (2) if the facts from which the presumption arises have no probative value as evidence of the presumed fact, the presumption does not exist when evidence is introduced which would support a finding of the non-existence of the presumed fact, and the fact which would otherwise be presumed shall be determined from the evidence exactly as if no presumption was or had ever been involved.</content> </section> <section> <num value="2793">§ 2793. </num> <heading>Inconsistent presumptions</heading> <content>If two presumptions arise which are conflicting with each other the judge shall apply the presumption which is founded on the weightier considerations of policy and logic. If there is no such preponderance both presumptions shall be disregarded.</content> </section> <section> <num value="2794">§ 2794. </num> <heading>Burden of proof not relaxed as to some presumptions</heading> <content>A presumption, which by a rule of law may be overcome only by proof beyond a reasonable doubt, or by clear and convincing evidence, shall not be affected by section 2792 or 2793 of this title and the burden of proof to overcome it continues on the party against whom the presumption operates.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Witnesses</heading> <section> <num value="2821">§ 2821. </num> <heading>Disqualification of witness; interpreters</heading> <content>A person is disqualified to be a witness if the judge finds that (1) the proposed witness is incapable of expressing himself concerning the matter so as to he understood by the judge and jury either directly or through interpretation by one who can understand him, or (2) the proposed witness is incapable of understanding the duty of a witness to tell the truth. An interpreter is subject to all the provisions of this chapter relating to witnesses.</content> </section> <page identifier="/us/stat/76a/383">383</page> <section> <num value="2822">§ 2822. </num> <heading>Oath</heading> <content>Every witness before testifying shall be required to express his purpose to testify by the oath or affirmation required by law.</content> </section> <section> <num value="2823">§ 2823. </num> <heading>Prerequisites of knowledge and experience</heading> <content>As a prerequisite for the testimony of a witness on a relevant or material matter, there must be evidence that he has personal knowledge thereof, or experience, training or education if such be required. Such evidence may be by the testimony of the witness himself. The judge may reject the testimony of a witness that he perceived a matter if he finds that no trier of fact could reasonably believe that the witness did perceive the matter. The judge may receive conditionally the testimony of the witness as to a relevant or material matter, subject to the evidence of knowledge, experience, training or education being later supplied in the course of the trial.</content> </section> <section> <num value="2824">§ 2824. </num> <heading>Evidence generally affecting credibility</heading> <content>Subject to sections 2825 and 2826 of this title, for the purpose of impairing or supporting the credibility of a witness, any party including the party calling him may examine him and introduce extrinsic evidence concerning any conduct by him and any other matter relevant upon the issues of credibility.</content> </section> <section> <num value="2825">§ 2825. </num> <heading>Limitations on evidence of conviction of crime as affecting credibility</heading> <content>A witness, including an accused who appears as a witness in a criminal proceeding, may not be impeached by evidence of his conviction of a crime, except that it may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of a felony.</content> </section> <section> <num value="2826">§ 2826. </num> <heading>Further limitations on admissibility of evidence affecting credibility</heading> <content>As affecting the credibility of a witness (1) in examining the witness as to a statement made by him in writing inconsistent with any part of his testimony it shall not be necessary to show or read to him any part of the writing provided that if the judge deems it feasible the time and place of the writing and the name of the person addressed, if any, shall be indicated to the witness; (2) extrinsic evidence of prior contradictory statements, whether oral or written, made by the witness, may in the discretion of the judge be excluded unless the witness was so examined while testifying as to give him an opportunity to identify, explain or deny the statement; (3) evidence of traits of his character other than honesty or veracity or their opposites, shall be inadmissible; (4) evidence of specific instances of his conduct relevant only as tending to prove a trait of his character, shall be inadmissible.</content> </section> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Privileges</heading> <section> <num value="2851">§ 2851. </num> <heading>Privilege of accused</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Every person has in any criminal action in which he is an accused a privilege not to be called as a witness and not to testify.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>An accused in a criminal action has a privilege to prevent his spouse from testifying in such action with respect to any confidential communication had or made between them while they were husband and wife, excepting only (1) in an action in which the accused is charged with (A) a crime involving the marriage relation, or (B) a crime against the person or property of the other spouse or the child of either spouse, or (C) a desertion of the other spouse or a child of either spouse, or (2) as to the communication, in an action in which the accused offers evidence of a communication between himself and his spouse.</content> </subsection> <page identifier="/us/stat/76a/384">384</page> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>An accused in a criminal action has no privilege to refuse, when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify.</content> </subsection> </section> <section> <num value="2852">§ 2852. </num> <heading>Definition of incrimination</heading> <content>A matter will incriminate a person within the meaning of this chapter if it constitutes, or forms an essential part of, or, taken in connection with other matters disclosed, is a basis for a reasonable inference of such a violation of the laws applicable in the Canal Zone or of any law of the United States as to subject him to liability to punishment therefor, unless he has become for any reason permanently immune from punishment for such violation.</content> </section> <section> <num value="2853">§ 2853. </num> <heading>Self-incrimination; exceptions</heading> <chapeau>Subject to sections 2851 and 2864 of this title, every natural person has a privilege, which he may claim, to refuse to disclose in an action or to a public official of the Government of the Canal Zone or to any agency of the United States or any officer thereof any matter that will incriminate him, except that under this section:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the privilege is claimed in an action the matter shall be disclosed if the judge finds that the matter will not incriminate the witness; and</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>no person has the privilege to refuse to submit to examination for the purpose of discovering or recording his corporal features and other identifying characteristics, or his physical or mental condition; and</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>no person has the privilege to refuse to furnish or permit the taking of samples of body fluids or substances for analysis; and</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>no person has the privilege to refuse to obey an order made by a court to produce for use as evidence or otherwise a document, chattel or other thing under his control constituting, containing or disclosing matter incriminating him if the judge finds that, by the applicable rules of the substantive law, some other person or a corporation, or other association has a superior right to the possession of the thing ordered to be produced; and</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>a public official or any person who engages in any, activity, occupation, profession or calling does not have the privilege to refuse to disclose any matter which the statutes or regulations governing the office, activity, occupation, profession or calling require him to record or report or disclose concerning it; and</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>a person who is an officer, agent or employee of a corporation or other association, does not have the privilege to refuse to disclose any matter which the statutes or regulations governing the corporation or association or the conduct of its business require him to record or report or disclose; and</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>subject to section 2825 of this title, a defendant in a criminal action who voluntarily testifies in the action upon the merits before the trier of fact does not have the privilege to refuse to disclose any matter relevant to any issue in the action.</content> </paragraph> </section> <section> <num value="2854">§ 2854. </num> <heading>Lawyer-client privilege</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="bold">General Rule.</heading> <content>Subject to section 2864 of this title, and except as otherwise provided by paragraph (b) of this section communications found by the judge to have been between lawyer and his client in the course of that relationship and in professional confidence, are privileged, and a client has a privilege (1) if he is the witness to refuse to disclose any such communication, and (2) to prevent his lawyer from disclosing it; and (3) to prevent any other witness from disclosing such communication if it came to the knowledge of such witness (A) in the course of its transmittal between the client and the <page identifier="/us/stat/76a/385">385</page> lawyer, or (B) in a manner not reasonably to be anticipated by the client, or (C) as a result of a breach of the lawyer-client relationship. The privilege may be claimed by the client in person or by his lawyer, or if incompetent, by his guardian, or if deceased, by his personal representative. The privilege available to a corporation or association terminates upon dissolution.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="bold">Exceptions.</heading> <content>The privileges do not extend (1) to a communication if the judge finds that sufficient evidence, aside from the communication, has been introduced to warrant a finding that the legal service was sought or obtained in order to enable or aid the client to commit or plan to commit a crime or a tort or (2) to a communication relevant to an issue between parties all of whom claim through the client, regardless of whether the respective claims are by testate or intestate succession or by <i>inter vivos</i> transaction, or (3) to a communication relevant to an issue of breach of duty by the lawyer to his client, or by the client to his lawyer, or (4) to a communication relevant to an issue concerning an attested document of which the lawyer is an attesting witness, or (5) to a communication relevant to a matter of common interest between two or more clients if made by any of them to a lawyer whom they have retained in common when offered in an action between any of such clients.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="bold">Definitions.</heading> <content>As used in this section (1) “client” means a person or corporation or other association that, directly or through an authorized representative, consults a lawyer or the lawyer’s representative for the purpose of retaining the lawyer or securing legal service or advice from him in his professional capacity; and includes an incompetent whose guardian so consults the lawyer or the lawyer’s representative in behalf of the incompetent, (2) “communication” includes advice given by the lawyer in the course of representing the client and includes disclosures of the client to a representative, associate or employee of the lawyer incidental to the professional relationship, (3) “lawyer” means a person authorized, or reasonably believed by the client to be authorized to practice law in any state or nation the law of which recognizes a privilege against disclosure of confidential communications between client and lawyer.</content> </subsection> </section> <section> <num value="2855">§ 2855. </num> <heading>Physician-patient privilege</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>As used in this section, (1) “patient” means a person who, for the sole purpose of securing preventive, palliative, or curative treatment, or a diagnosis preliminary to such treatment, of his physical or mental condition, consults a physician, or submits to an examination by a physician; (2) “physician” means a person authorized or reasonably believed by the patient to be authorized, to practice medicine in the state or jurisdiction in which the consultation or examination takes place; (3) “holder of the privilege” means the patient while alive and not under guardianship or the guardian of the person of an incompetent patient, or the personal representative of a deceased patient; (4) “confidential communication between physician and patient” means such information transmitted between physician and patient, including information obtained by an examination of the patient, as is transmitted in confidence and by a means which, so far as the patient is aware, discloses the information to no third persons other than those reasonably necessary for the transmission of the information or the accomplishment of the purpose for which it is transmitted.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Except as provided by paragraphs (c), (d), (e) and (f) of this section, a person, whether or not a party, has a privilege in a civil action or in a prosecution for a misdemeanor to refuse to disclose, and to prevent a witness from disclosing, a communication, if he claims the privilege and the judge finds that. (1) the communication was a <page identifier="/us/stat/76a/386">386</page> confidential communication between patient and physician, and (2) the patient or the physician reasonably believed the communication to he necessary or helpful to enable the physician to make a diagnosis of the condition of the patient or to prescribe or render treatment therefor, and (3) the witness (A) is the holder of the privilege or (B) at the time of the communication was the physician or a person to whom disclosure was made because reasonably necessary for the transmission of the communication or for the accomplishment of the purpose for which it was transmitted or (C) is any other person who obtained knowledge or possession of the communication as the result of an intentional breach of the physician’s duty of nondisclosure by the physician or his agent or servant and (4) the claimant is the holder of the privilege or a person authorized to claim the privilege for him.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>There is no privilege under this section as to any relevant communication between the patient and his physician (1) upon an issue of the patient’s condition in an action to commit him or otherwise place him under the control of another or others because of alleged mental illness or incompetence, or in an action in which the patient seeks to establish his competence or in an action to recover damages on account of conduct of the patient which constitutes a criminal offense other than a misdemeanor, or (2) upon an issue as to the validity of a document as a will of the patient, or (3) upon an issue between parties claiming by testate or intestate succession from a deceased patient.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>There is no privilege under this section in an action in which the condition of the patient is an element or factor of the claim or defense of the patient or of any party claiming through or under the patient or claiming as a beneficiary of the patient through a contract to which the patient is or was a party.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>There is no privilege under this section as to information which the physician or the patient is required to report to a public official or as to information required to be recorded in a public office, unless the statute requiring the report or record specifically provides that the information shall not be disclosed.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>A person does not have a privilege under this section if the judge finds that sufficient evidence, aside from the communication has been introduced to warrant a finding that the services of the physician were sought or obtained to enable or aid anyone to commit or to plan to commit a crime or a tort, or to escape detection or apprehension after the commission of a crime or a tort.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>A privilege under this section as to a communication is terminated if the judge finds that any person while a holder of the privilege has caused the physician or any agent or servant of the physician to testify in any action to any matter of which the physician or his agent or servant gained knowledge through the communication.</content> </subsection> </section> <section> <num value="2856">§ 2856. </num> <heading>Marital privilege; confidential communications</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="bold">General Rule.</heading> <content>Subject to section 2864 of this title and except as otherwise provided in paragraphs (b) and (c) of this section, a spouse who transmitted to the other the information which constitutes the communication, has a privilege during the marital relationship which he may claim whether or not he is a party to the action, to refuse to disclose and to prevent the other from disclosing communications found by the judge to have been had or made in confidence between them while husband and wife. The other spouse or the guardian of an incompetent spouse may claim the privilege on behalf of the spouse having the privilege.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="bold">Exceptions.</heading> <content>Neither spouse may claim the privilege (1) in an action by one spouse against the other spouse, or (2) in a criminal action in which one of them is charged with a crime against the person or property of the other or of a child of either, or a crime against the <page identifier="/us/stat/76a/387">387</page> person or property of a third person committed in the course of committing a crime against the other, or bigamy or adultery, or desertion of the other or of a child of either, or (3) in a criminal action in which the accused offers evidence of a communication between him and his spouse, or (4) if the judge finds that sufficient evidence, aside from the communication, has been introduced to warrant a finding that the communication was made, in whole or in part, to enable or aid anyone to commit or to plan to commit a crime or a tort.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="bold">Termination.</heading> <content>A spouse who would otherwise have a privilege under this section has no such privilege if the judge finds that he or the other spouse while the holder of the privilege testified or caused another to testify in any action to any communication between the spouses upon the same subject matter.</content> </subsection> </section> <section> <num value="2857">§ 2857. </num> <heading>Priest-penitent privilege; definition; penitential communications</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>As used in this section (1) “priest” means a priest, clergyman, minister of the gospel or other officer of a church or of a religious denomination or organization, who in the course of its discipline or practice is authorized or accustomed to hear, and has a duty to keep secret, penitential communications made by members of his church, denomination or organization; (2) “penitent” means a member of a church or religious denomination or organization who has made a penitential communication to a priest thereof; (3) “penitential communication” means a confession of culpable conduct made secretly and in confidence by a penitent to a priest in the course of discipline or practice of the church or religious denomination or organization of which the penitent is a member.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A person, whether or not a party, has a privilege to refuse to disclose, and to prevent a witness from disclosing a communication if he claims the privilege and the judge finds that (1) the communication was a penitential communication and (2) the witness is the penitent or the priest, and (3) the claimant is the penitent, or the priest making the claim on behalf of an absent penitent.</content> </subsection> </section> <section> <num value="2858">§ 2858. </num> <heading>Religious belief</heading> <content>A person has a privilege to refuse to disclose his theological opinion or religious belief unless his adherence or non-adherence to such an opinion or belief is material to an issue in the action other than that of his credibility as a witness.</content> </section> <section> <num value="2859">§ 2859. </num> <heading>Political vote</heading> <content>Every person has a privilege to refuse to disclose the tenor of his vote at a political election unless the judge finds that the vote was cast illegally.</content> </section> <section> <num value="2860">§ 2860. </num> <heading>Trade secret</heading> <content>The owner of a trade secret has a privilege, which may be claimed by him or his agent or employee, to refuse to disclose the secret and to prevent other persons from disclosing it if the judge finds that the allowance of the privilege will not tend to conceal fraud or otherwise work injustice.</content> </section> <section> <num value="2861">§ 2861. </num> <heading>Secret of state</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>As used in this section, “secret of state” means information not open or theretofore officially disclosed to the public involving the public security or concerning the military or naval organization or plans of the United States, or a State, or concerning international relations.</content> </subsection> <page identifier="/us/stat/76a/388">388</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A witness has a privilege to refuse to disclose a matter on the ground that it is a secret of state, and evidence of the matter is inadmissible, unless the judge finds that (1) the matter is not a secret of state, or (2) the chief officer of the department of government administering the subject matter which the secret concerns has consented that it disclosed in the action.</content> </subsection> </section> <section> <num value="2862">§ 2862. </num> <heading>Official information</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>As used in this section, “official information” means information not open or theretofore officially disclosed to the public relating to internal affairs of the Government of the Canal Zone or of any agency of the United States acquired by a public official of the Government of the Canal Zone or any agency of the United States in the course of his duty, or transmitted from one such official to another in the course of duty.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A witness has a privilege to refuse to disclose a matter on the ground that it is official information, and evidence of the matter is inadmissible, if the judge finds that the matter is official information, and (1) disclosure is forbidden by an Act of the Congress of the United States; or (2) disclosure of the information in the action will be harmful to the interests of the government.</content> </subsection> </section> <section> <num value="2863">§ 2863. </num> <heading>Identity of informer</heading> <content>A witness has a privilege to refuse to disclose the identity of a person who has furnished information purporting to disclose a violation of a provision of the laws applicable in the Canal Zone or of any law of the United States to a representative of the Government of the Canal Zone or the United States or a governmental division thereof, charged with the duty of enforcing that provision, and evidence thereof is inadmissible, unless the judge finds that (1) the identity of the person furnishing the information has already been otherwise disclosed or (2) disclosure of his identity is essential to assure a fair determination of the issues.</content> </section> <section> <num value="2864">§ 2864. </num> <heading>Waiver of privilege by contract or previous disclosure</heading> <content>A person who would otherwise have a privilege to refuse to disclose or to prevent another from disclosing a specified matter has no such privilege with respect to that matter if the judge finds that he or any other person while the holder of the privilege has (1) contracted with anyone not to claim the privilege or, (2) without coercion and with knowledge of his privilege, made disclosure of any part of the matter or consented to such a disclosure made by anyone.</content> </section> <section> <num value="2865">§ 2865. </num> <heading>Admissibility of disclosure wrongfully compelled</heading> <content>Evidence of a statement or other disclosure is inadmissible against the holder of the privilege if the judge finds that he had and claimed a privilege to refuse to make the disclosure but was nevertheless required to make it.</content> </section> <section> <num value="2866">§ 2866. </num> <heading>Reference to exercise of privileges</heading> <content>If a privilege is exercised not to testify or to prevent another from testifying, either in the action or with respect to particular matters, or to refuse to disclose or to prevent another from disclosing any matter, the judge and counsel may not comment thereon, no presumption shall arise with respect to the exercise of the privilege, and the trier of fact may not draw any adverse inference therefrom. In those jury cases wherein the right to exercise a privilege, as herein provided, may be misunderstood and unfavorable inferences drawn by the trier of the fact, or be impaired in the particular case, the court, at the request of the party exercising the privilege, may instruct the jury in support of such privilege.</content> </section> <page identifier="/us/stat/76a/389">389</page> <section> <num value="2867">§ 2867. </num> <heading>Effect of error in overruling claim of privilege</heading> <content>A party may predicate error on a ruling disallowing a claim of privilege only if he is the holder of the privilege.</content> </section> </subchapter> <subchapter> <num class="bold" value="VI">Subchapter VI—</num><heading class="bold">Extrinsic Policies Affecting Admissibility</heading> <section> <num value="2891">§ 2891. </num> <heading>Evidence to test a verdict</heading> <content>Upon an inquiry as to the validity of a verdict no evidence shall be received to show the effect of any statement, conduct, event or condition upon the mind of a juror as influencing him to assent to or dissent from the verdict or concerning the mental processes by which it was determined.</content> </section> <section> <num value="2892">§ 2892. </num> <heading>Testimony by the judge</heading> <content>Against the objection of a party, the judge presiding at the trial may not testify in that trial as a witness.</content> </section> <section> <num value="2893">§ 2893. </num> <heading>Testimony by a juror</heading> <content>A member of a jury sworn and empanelled in the trial of an action, may not testify in that trial as a witness.</content> </section> <section> <num value="2894">§ 2894. </num> <heading>Testimony of jurors not limited except by this chapter</heading> <content>This chapter does not exempt a juror from testifying as a witness, if the law of the Canal Zone permits, to conditions or occurrences either within or outside of the jury room having a material bearing on the validity of the verdict, except as expressly limited by section 2891 of this title.</content> </section> <section> <num value="2895">§ 2895. </num> <heading>Discretion of judge to exclude admissible evidence</heading> <content>Except as in this chapter otherwise provided, the judge may in his discretion exclude evidence if he finds that its probative value is substantially outweighed by the risk that its admission will (1) necessitate undue consumption of time, or (2) create substantial danger of undue prejudice or of confusing the issues or of misleading the jury, or (3) unfairly and harmfully surprise a party who has not had reasonable opportunity to anticipate that such evidence would be offered.</content> </section> <section> <num value="2896">§ 2896. </num> <heading>Character; manner of proof</heading> <content>When a person’s character or a trait of his character is in issue, it may be proved by testimony in the form of opinion, evidence of reputation, or evidence of specific instances of the person’s conduct, subject, however, to the limitations of sections 2897 and 2898 of this title.</content> </section> <section> <num value="2897">§ 2897. </num> <heading>Character trait as proof of conduct</heading> <content>Subject to section 2898 of this title, when a trait of a person’s character is relevant as tending to prove his conduct on a specified occasion, such trait may be proved in the same manner as provided by section 2896 of this title, except that (1) evidence of specific instances of conduct other than evidence of conviction of a crime which tends to prove the trait to be bad shall be inadmissible, and (1) in a criminal action evidence of a trait of an accused’s character as tending to prove his guilt or innocence of the offense charged, (A) may not be excluded by the judge under section 2895 of this title if offered by the accused to prove Ins innocence, and (B) if offered by the prosecution to prove his guilt, may be admitted only after the accused has introduced evidence of his good character.</content> </section> <section> <num value="2898">§ 2898. </num> <heading>Character trait for care or skill; inadmissible to prove quality of conduct</heading> <content>Evidence of a trait of a person’s character with respect to care or skill is inadmissible as tending to prove the quality of his conduct on a specified occasion.</content> </section> <page identifier="/us/stat/76a/390">390</page> <section> <num value="2899">§ 2899. </num> <heading>Habit or custom to prove specific behavior</heading> <content>Evidence of habit or custom is relevant to an issue of behavior on a specified occasion, but is admissible on that issue only as tending to prove that the behavior on such occasion conformed to the habit or custom.</content> </section> <section> <num value="2900">§ 2900. </num> <heading>Opinion and specific instances of behavior to prove habit or custom</heading> <content>Testimony in the form of opinion is admissible on the issue of habit or custom. Evidence of specific instances of behavior is admissible to prove habit or custom if the evidence is of a sufficient number of such instances to warrant a finding of such habit or custom.</content> </section> <section> <num value="2901">§ 2901. </num> <heading>Subsequent remedial conduct</heading> <content>When after the occurrence of an event remedial or precautionary measures are taken, which, if taken previously would have tended to make the event less likely to occur, evidence of such subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event.</content> </section> <section> <num value="2902">§ 2902. </num> <heading>Offer to compromise and the like, not evidence of liability</heading> <content>Evidence that a person has, in compromise or from humanitarian motives furnished or offered or promised to furnish money, or any other thing, act or service to another who has sustained or claims to have sustained loss or damage, is inadmissible to prove his liability for the loss or damage or any part of it. This section shall not affect the admissibility of evidence (1) of partial satisfaction of an asserted claim on demand without questioning its validity, as tending to prove the validity of the claim, or (2) of a debtor’s payment or promise to pay all or a part of his pre-existing debt as tending to prove the creation of a new duty on his part, or a revival of his pre-existing duty.</content> </section> <section> <num value="2903">§ 2903. </num> <heading>Offer to discount claim, not evidence of invalidity</heading> <content>Evidence that a person has accepted or offered or promised to accept a sum of money or any other thing, act or service in satisfaction of a claim, is inadmissible to prove the invalidity of the claim or any part of it.</content> </section> <section> <num value="2904">§ 2904. </num> <heading>Liability insurance</heading> <content>Evidence that a person was, at the time a harm was suffered by another, insured wholly or partially against loss arising from liability for that harm is inadmissible as tending to prove negligence or other wrongdoing.</content> </section> <section> <num value="2905">§ 2905. </num> <heading>Other crimes or civil wrongs</heading> <content>Subject to section 2897 of this title, evidence that a person committed a crime or civil wrong on a specified occasion is inadmissible to prove his disposition to commit crime or civil wrong as the basis for an inference that he committed another crime or civil wrong on another specified occasion but, subject to sections 2895 and 2898 of this title, such evidence is admissible when relevant to prove another material fact including absence of mistake or accident, motive, opportunity, intent, preparation, plan, knowledge or identity.</content> </section> </subchapter> <subchapter> <num class="bold" value="VII">Subchapter VII—</num><heading class="bold">Expert and Other Opinion Testimony</heading> <section> <num value="2931">§ 2931. </num> <heading>Testimony in form of opinion</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to such opinions or inferences as the judge finds (1) may be rationally based on the perception of the witness and (2) are helpful to a clear understanding of his testimony or to the determination of the fact in issue.</content> </subsection> <page identifier="/us/stat/76a/391">391</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the witness is testifying as an expert, testimony of the witness in the form of opinions or inferences as limited to such opinions as the judge finds are (1) based on facts or data perceived by or personally known or made blown to the witness at the hearing and (2) within the scope of the special knowledge, skill, experience or training possessed by the witness.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Unless the judge excludes the testimony he shall be deemed to have made the finding requisite to its admission.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Testimony in the form of opinions or inferences otherwise admissible under this chapter is not objectionable because it embraces the ultimate issue or issues to be decided by the trier of the fact.</content> </subsection> </section> <section> <num value="2932">§ 2932. </num> <heading>Preliminary examination</heading> <content>The judge may require that a witness before testifying in terms of opinion or inference be first examined concerning the data upon which the opinion or inference is founded.</content> </section> <section> <num value="2933">§ 2933. </num> <heading>Hypothesis for expert opinion not necessary</heading> <content>Questions calling for the opinion of an expert witness need not be hypothetical in form unless the judge in his discretion so requires, but the witness may state his opinion and reasons therefor without first specifying data on which it is based as an hypothesis or otherwise; but upon cross-examination he may be required to specify such data.</content> </section> <section> <num value="2934">§ 2934. </num> <heading>Appointment of experts</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If the judge determines that the appointment of expert witnesses in an action may be desirable, he shall order the parties to show cause why expert witnesses should not be appointed, and after opportunity for hearing may request nominations and appoint one or more such witnesses. If the parties agree in the selection of an expert or experts, only those agreed upon shall be appointed. Otherwise the judge may make his own selection. An expert witness shall not be appointed unless he consents to act. The judge shall determine the duties of the witness and inform him thereof at a conference in which the parties shall have an opportunity to participate. A witness so appointed shall advise the parties of his findings, if any, and may thereafter be called to testify by the judge or any party. He may be examined and cross-examined by each party. This section does not limit the parties in calling expert witnesses of their own selection and at their own expense.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Rule 28 of the Federal Rules of Criminal Procedure does not apply in the Canal Zone.</content> </subsection> </section> <section> <num value="2935">§ 2935. </num> <heading>Compensation of expert witnesses</heading> <content>Expert witnesses appointed by the judge shall be entitled to reasonable compensation in such sum only as the judge may allow. Except as may be otherwise provided by statute applicable to a specific situation, the compensation shall be paid (1) in a criminal action out of such funds as may be provided by law, and (2) in a civil action by the opposing parties in equal portions to the clerk of the court at such time as the judge shall direct, and charged as costs in the case. The amount of compensation paid to an expert witness not appointed by the judge shall be a proper subject of inquiry as relevant to his credibility and the weight of his testimony.</content> </section> <section> <num value="2936">§ 2936. </num> <heading>Credibility of appointed expert witness</heading> <content>The fact of the appointment of an expert witness by the judge may be revealed to the trier of the facts as relevant to the credibility of such witness and the weight of his testimony.</content> </section> </subchapter> <page identifier="/us/stat/76a/392">392</page> <subchapter> <num class="bold" value="VIII">Subchapter VIII—</num><heading class="bold">Hearsay Evidence</heading> <section> <num value="2961">§ 2961. </num> <heading>Definitions</heading> <chapeau>As used in section 2962 of this title and its exceptions and in the following sections of this chapter:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>“Statement” means not only an oral or written expression but also non-verbal conduct of a person intended by him as a substitute for words in expressing the matter stated.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>“Declarant” is a person who makes a statement.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>“Perceive” means acquire knowledge through one’s own senses.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>“Public official” of a state of the United States includes an official of a political subdivision of such state and of a municipality.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>“State” includes the District of Columbia, the several territories and possessions of the United States, and the Commonwealth of Puerto Rico.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>“A business” as used in exception (13) of section 2962 of this title includes every kind of business, profession, occupation, calling or operation of institutions, whether carried on for profit or not.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline"> <p class="inline">“Unavailable as a witness” includes situations where the witness is (A) exempted on the ground of privilege from testifying concerning the matter to which his statement is relevant, or (B) disqualified from testifying to the matter, or (C) unable to be present or to testify at the hearing because of death or then existing physical or mental illness, or (D) not within the Canal Zone, or (E) absent from the place of hearing because the proponent of his statement does not know and with diligence has been unable to ascertain his whereabouts.</p> <p class="indent0 firstIndent1 fontsize10">But a witness is not unavailable (A) if the judge finds that his exemption, disqualification, inability or absence is due to procurement or wrongdoing of the proponent of his statement for the purpose of preventing the witness from attending or testifying, or to the culpable neglect of such party, or (B) if unavailability is claimed under clause (D) of the preceding paragraph and the judge finds that the deposition of the declarant could have been taken by the exercise of reasonable diligence and without undue hardship, and that the probable importance of the testimony is such as to justify the expense of taking the deposition.</p> </content> </paragraph> </section> <section> <num value="2962">§ 2962. </num> <heading>Hearsay evidence excluded; exceptions</heading> <chapeau>Evidence of a statement which is made other than by a witness while testifying at the hearing offered to prove the truth of the matter stated is heresay evidence and inadmissible except:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <heading class="bold">Previous Statements of Persons Present and Subject to Cross-Examination.</heading> <content>A statement previously made by a person who is present at the hearing and available for cross-examination with respect to the statement and its subject matter, provided the statement would be admissible if made by declarant while testifying as a witness;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <heading class="bold">Affidavits.</heading> <content>Affidavits to the extent admissible by the statutes or rules of court;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <heading class="bold">Depositions and Prior Testimony.</heading> <content>Subject to the same limitations and objections as though the declarant were testifying in person, (A) in civil actions, testimony in the form of a deposition taken in compliance with the law or rules of court, to the extent authorized by the law or rules under which the deposition was taken; or (B) in civil actions, if the judge finds that the declarant is unavailable as a witness at the hearing, testimony given as a witness in another action, or a prior hearing in the same action, when (i) the testimony is offered against a party who offered it in his own behalf on the former occasion, or against the successor in interest of such party, or (ii) the issue is such that the adverse party on the former occa-<page identifier="/us/stat/76a/393">393</page>sion had the right and opportunity for cross-examination with an interest and motive similar to that which the adverse party has in the action in which the testimony is offered; or (C) in criminal actions, depositions or prior testimony as provided by section 3507 of Title 6;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <heading class="bold">Contemporaneous Statements and Statements Admissible on Ground of Necessity Generally.</heading> <content>A statement (A) which the judge finds was made while the declarant was perceiving the event or condition which the statement narrates, describes or explains, or (B) which the judge finds was made while the declarant was under the stress of a nervous excitement caused by such perception;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <heading class="bold">Dying Declarations.</heading> <content>A statement by a person unavailable as a witness because of his death if the judge finds that it was made voluntarily and in good faith and while the declarant was conscious of his impending death and believed that there was no hope of his recovery;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) </num> <heading class="bold">Confessions.</heading> <content>In a criminal proceeding as against the accused a previous statement by him relative to the offense charged if, and only if, the judge finds that the accused when making the statement was conscious and was capable of understanding what he said and did, and that he was not induced to make the statement (A) under compulsion or by infliction or threats of infliction of suffering upon him or another, or by prolonged interrogation under such circumstances as to render the statement involuntary, or (B) by threats or promises concerning action to be taken by a public official with reference to the crime, likely to cause the accused to make such a statement falsely, and made by a person whom the accused reasonably believed to have the power or authority to execute the same;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) </num> <heading class="bold">Admissions by Parties.</heading> <content>As against himself a statement by a person who is a party to the action in his individual or a representative capacity and if the latter, who was acting in such representative capacity in making the statement;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">(8) </num> <heading class="bold">Authorized and Adoptive Admissions.</heading> <content>As against a party, a statement (A) by a person authorized by the party to make a statement or statements for him concerning the subject of the statement, or (B) of which the party with knowledge of the content thereof has, by words or other conduct, manifested his adoption or his belief in its truth;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="9">(9) </num> <heading class="bold">Vicarious Admissions.</heading> <content>As against a party, a statement which would be admissible if made by the declarant at the hearing if (A) the statement concerned a matter within the scope of an agency or employment of the declarant for the party and was made before the termination of such relationship, or (B) the party and the declarant were participating in a plan to commit a crime or a civil wrong and the statement was relevant to the plan or its subject matter and was made while the plan was in existence and before its complete execution or other termination, or (C) one of the issues between the party and the proponent of the evidence of the statement is a legal liability of the declarant, and the statement tends to establish that liability;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="10">(10) </num> <heading class="bold">Declarations Against Interest.</heading> <content>Subject to the limitations of exception (6), a statement which the judge finds was at the time of the assertion so far contrary to the declarant’s pecuniary or proprietary interest or so far subjected him to civil or criminal liability or so far rendered invalid a claim by him against another or created such risk of making him an object of hatred, ridicule or social disapproval in the community that a reasonable man in his position would not have made the statement unless he believed it to be true;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="11">(11) </num> <heading class="bold">Voter’s Statements.</heading> <content>A statement by a voter concerning his qualifications to vote or the fact or content of his vote;</content> </paragraph> <page identifier="/us/stat/76a/394">394</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="12">(12) </num> <heading class="bold">Statements of Physical or Mental Condition of Declarant.</heading> <content>Unless the judge finds it was made in bad faith, a statement of the declarant’s (A) then existing state of mind, emotion or physical sensation, including statements of intent, plan, motive, design, mental feeling, pain and bodily health, but not including memory or belief to prove the fact remembered or believed, when such a mental or physical condition is in issue or is relevant to prove or explain acts or conduct of the declarant, or (B) previous symptoms, pain or physical sensation, made to a physician consulted for treatment or for diagnosis with a view to treatment, and relevant to an issue of declarant’s bodily condition;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="13">(13) </num> <heading class="bold">Business Entries and the Like.</heading> <content>Writings offered as memoranda or records of acts, conditions or events to prove the facts stated therein, if the judge finds that they were made in the regular course of a business at or about the time of the act, condition or event recorded and that the sources of information from which made and the method and circumstances of their preparation were such as to indicate their trustworthiness;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="14">(14) </num> <heading class="bold">Absence of Entry in Business Records.</heading> <content>Evidence of the absence of a memorandum or record from the memoranda or records of a business of an asserted act, event or condition, to prove the non-occurrence of the act or event, or the non-existence of the condition, if t he judge finds that it was the regular course of that business to make such memoranda of all such acts, events or conditions at the time thereof or within a reasonable time thereafter, and to preserve them;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="15">(15) </num> <heading class="bold">Reports and Findings of Public Officials.</heading> <content>Subject to section 2963 of this title, written reports or findings of fact made by a public official of the United States or any agency thereof or of a state of the United States, if the judge finds that the making thereof was within the scope of the duty of such official and that it was his duty (A) to perform the act reported, or (B) to observe the act, condition or event reported, or (C) to investigate the facts concerning the act, condition or event and to make findings or draw conclusions based on such investigation;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="16">(16) </num> <heading class="bold">Filed Reports, Made by Persons Exclusively Authorized.</heading> <content>Subject to section 2963 of this title, writings made as a record, report or finding of fact, if the judge finds that (A) the maker was authorized by statute or regulation to perform, to the exclusion of persons not so authorized, the functions reflected in the writing, and was required by statute or regulation to file in a designated public office a written report of specified matters relating to the performance of such functions, and (B) the writing was made and filed as so required by the statute or regulation;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="17">(17) </num> <heading class="bold">Content of Official Record.</heading> <content>Subject to section 2963 of this title, (A) if meeting the requirements of authentication under section 2992 of this title, to prove the content of the record, a writing purporting to be a copy of an official record or of an entry therein (B) to prove the absence of a record in a specified office, a writing made by the official custodian of the official records of the office, reciting diligent search and failure to find such record;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="18">(18) </num> <heading class="bold">Certificate of Marriage.</heading> <content>Subject to section 2963 of this title, certificates that the maker thereof performed a marriage ceremony, to prove the truth of the recitals thereof, if the judge finds that (A) the maker of the certificate at the time and place certified as the time and place of the marriage was authorized by law to perform marriage ceremonies, and (B) the certificate was issued at that time or within a reasonable time thereafter;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="19">(19) </num> <heading class="bold">Records of Documents Affecting an Interest in Property.</heading> <content>Subject to section 2963 of this title, the official record of a document purporting to establish or affect an interest in property, to prove the <page identifier="/us/stat/76a/395">395</page> content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, if the judge finds that (A) the record is in fact a record of an office of a state or nation or of any governmental subdivision thereof, and (B) an applicable statute authorized such a document to be recorded in that office;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="20">(20) </num> <heading class="bold">Judgment of Previous Conviction.</heading> <content>Evidence of a final judgment adjudging a person guilty of a felony, to prove any fact essential to sustain the judgment;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="21">(21) </num> <heading class="bold">Judgment Against Persons Entitled to Indemnity.</heading> <content>To prove the wrong of the adverse party and the amount of damages sustained by the judgment creditor, evidence of a final judgment if offered by a judgment debtor in an action in which he seeks to recover partial or total indemnity or exoneration for money paid or liability incurred by him because of the judgment, provided the judge finds that the judgment was rendered for damages sustained by the judgment creditor as a result of the wrong of the adverse party to the present action;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="22">(22) </num> <heading class="bold">Judgment Determining Public Interest in Land.</heading> <content>To prove any fact which was essential to the judgment, evidence of a final judgment determining the interest or lack of interest of the public or of a state or nation or governmental division thereof in land, if offered by a party in an action in which any such fact or such interest or lack of interest is a material matter</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="23">(23) </num> <heading class="bold">Statement Concerning One’s Own Family History.</heading> <content>A statement of a matter concerning a declarant’s own birth, marriage, divorce, legitimacy, relationship by blood or marriage, race-ancestry or other similar fact of his family history, even though the declarant had no means of acquiring personal knowledge of the matter declared, if the judge finds that the declarant is unavailable;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="24">(24) </num> <heading class="bold">Statement Concerning Family History of Another.</heading> <content>A statement concerning the birth, marriage, divorce, death, legitimacy, race-ancestry, relationship by blood or marriage or other similar fact of the family history of a person other than the declarant if the judge (A) finds that the declarant was related to the other by blood or marriage or finds that he was otherwise so intimately associated with the other’s family as to be likely to have accurate information concerning the matter declared, and made the statement as upon information received from the other or from a person related by blood or marriage to the other, or as upon repute in the other’s family, and (B) finds that the declarant is unavailable as a witness;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="25">(25) </num> <heading class="bold">Statement Concerning Family History Based on Statement of Another Declarant.</heading> <content>A statement of a declarant that a statement admissible under exceptions (23) or (24) of this section was made by another declarant, offered as tending to prove the truth of the matter declared by both declarants, if the judge finds that both declarants are unavailable as witnesses;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="26">(26) </num> <heading class="bold">Reputation in Family Concerning Family History.</heading> <content>Evidence of reputation among members of a family, if the reputation concerns the birth, marriage, divorce, death, legitimacy, race-ancestry or other fact of the family history of a member of the family by blood or marriage;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="27">(27) </num> <heading class="bold">Reputation—Boundaries, General History, Family History.</heading> <content>Evidence of reputation in a community as tending to prove the truth of the matter reputed, if (A) the reputation concerns boundaries of, or customs affecting, land in the community, and the judge finds that the reputation, if any, arose before controversy, or (B) the reputation concerns an event of general history of the community or of the state or nation of which the community is a part, and the judge finds that the event was of importance to the community, or (C) the reputation <page identifier="/us/stat/76a/396">396</page> concerns the birth, marriage, divorce, death, legitimacy, relationship by blood or marriage, or race-ancestry of a person resident in the community at the time of the reputation, or some other similar fact of his family history or of his personal status or condition which the judge finds likely to have been the subject of a reliable reputation in that community;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="28">(28) </num> <heading class="bold">Reputation as to Character.</heading> <content>If a trait of a person’s character at a specified time is material, evidence of his reputation with reference thereto at a relevant time in the community in which he then resided or in a group with which he then habitually associated, to prove the truth of the matter reputed;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="29">(29) </num> <heading class="bold">Recitals in Documents Affecting Property.</heading> <content>Evidence of a statement relevant to a material matter, contained in a deed of conveyance or a will or other document purporting to affect an interest in property, offered as tending to prove the truth of the matter stated, if the judge finds that the matter stated would be relevant upon an issue as to an interest in the property, and that the dealings with the property since the statement was made have not been inconsistent with the truth of the statement;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="30">(30) </num> <heading class="bold">Commercial Lists and the Like.</heading> <content>Evidence of statements of matters of interest to persons engaged in tut occupation contained in a list, register, periodical, or other published compilation to prove the truth of any relevant matter so stated if the judge finds that the compilation is published for use by persons engaged in that occupation and is generally used and relied upon by them;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="31">(31) </num> <heading class="bold">Learned Treatises.</heading> <content>A published treatise, periodical or pamphlet on a subject of history, science or art to prove the truth of a matter stated therein if the judge takes judicial notice, or a witness expert in the subject testifies that the treatise, periodical or pamphlet is a reliable authority in the subject.</content> </paragraph> </section> <section> <num value="2963">§ 2963. </num> <heading>Discretion of judge under exceptions (15), (16), (17), (18) and (19) to exclude evidence</heading> <content>Any writing admissible pursuant to exceptions (15), (16), (17), (18), and (19) of section 2962 of this title shall be received only if the party offering such writing has delivered a copy of it or so much thereof as may relate to the controversy, to each adverse party a reasonable time before trial unless the judge finds that the adverse party has not been unfairly surprised by the failure to deliver the copy.</content> </section> <section> <num value="2964">§ 2964. </num> <heading>Credibility of declarant</heading> <content>Evidence of a statement or other conduct by a declarant inconsistent with a statement received in evidence under an exception to section 2962 of this title is admissible for the purpose of discrediting the declarant, though he had no opportunity to deny or explain such inconsistent statement. Any other evidence tending to impair or support the credibility of the declarant is admissible if it would have been admissible had the declarant been a witness.</content> </section> <section> <num value="2965">§ 2965. </num> <heading>Multiple hearsay</heading> <content>A statement within the scope of an exception to section 2962 of this title is not inadmissible on the ground that it includes a statement made by another declarant and is offered to prove the truth of the included statement if the included statement itself meets the requirements of an exception.</content> </section> </subchapter> <page identifier="/us/stat/76a/397">397</page> <subchapter> <num class="bold" value="IX">Subchapter IX—</num><heading class="bold">Authentication and Content of Writings</heading> <section> <num value="2991">§ 2991. </num> <heading>Authentication required; ancient documents</heading> <content>Authentication of a writing is required before it may be received in evidence. Authentication may be by evidence sufficient to sustain a finding of its authenticity or by any other means provided by law. If the judge finds that a writing (1) is at least thirty years old at the time it is offered, and (2) is in such condition as to create no suspicion concerning its authenticity, and (3) at the time of its discovery was in a place in which such a document, if authentic, would be likely to be found, it is sufficiently authenticated.</content> </section> <section> <num value="2992">§ 2992. </num> <heading>Authentication of copies of records</heading> <content>A writing purporting to be a copy of an official record or of an entry therein, meets the requirement of authentication if (1) the judge finds that the writing purports to be published by authority of the nation, state or subdivision thereof, in which the record is kept; or (b) evidence has been introduced sufficient to warrant a finding that the writing is a correct copy of the record or entry; or (3) the office in which the record is kept is within the Canal Zone and the writing is attested as a correct copy of the record or entry by a person purporting to be an officer, or a deputy of an officer, having the legal custody of the record; or (4) if the office is not within the Canal Zone, the writing is attested as required in clause (3) and is accompanied by a certificate that such officer has the custody of the record. If the office in which the record is kept is within the United States, the certificate may be made by a judge of a court of record of the district or political subdivision in which the record is kept, authenticated by the seal of the court, or may be made by any public officer having a seal of office and having official duties in the district or political subdivision in which the record is kept, authenticated by the seal of his office. If the office in which the record is kept is in a foreign state or country, the certificate may be made by a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the United States stationed in the foreign state or country in which the record is kept, and authenticated by the seal of his office.</content> </section> <section> <num value="2993">§ 2993. </num> <heading>Certificate of lack of record</heading> <content>A writing admissible pursuant to exception (17)(B) of section 2962 of this title is authenticated in the same manner as is provided in clause (3) or (4) of section 2992 of this title.</content> </section> <section> <num value="2994">§ 2994. </num> <heading>Documentary originals as the best evidence</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>As tending to prove the content of a writing, no evidence other than the writing itself is admissible, except as otherwise provided in this chapter, unless the judge finds (1) that the writing is lost or has been destroyed without fraudulent intent on the part of the proponent, or (2) that the writing is outside the reach of the court’s process and not procurable by the proponent, or (3) that the opponent, at a time when the writing was under his control has been notified, expressly or by implication from the pleadings, that it would be needed at the hearing, and on request at the hearing has failed to produce it, or (4) that the writing is an official record, or is a writing affecting property authorized to he recorded and actually recorded in the public records as described in exception (19) of section 2962 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the judge makes one of the findings specified in the preceding paragraph, secondary evidence of the content of the writing is admissible. Evidence offered by the opponent tending to prove (1) that the asserted writing never existed, or (2) that a writing produced at the trial is the asserted writing, or (3) that the secondary evidence does not <page identifier="/us/stat/76a/398">398</page> correctly reflect the content of the asserted writings, is irrelevant and inadmissible upon the question of admissibility of the secondary evidence but is relevant and admissible upon the issues of the existence and content of the asserted writing to be determined by the trier of fact.</content> </subsection> </section> <section> <num value="2995">§ 2995. </num> <heading>Proof of attested writings</heading> <content>When the execution of an attested writing is in issue, whether or not attestation is a statutory requisite of its effective execution, no attester is a necessary witness even though all attesters are available unless the statute requiring attestation specifically provides otherwise.</content> </section> <section> <num value="2996">§ 2996. </num> <heading>Photographic copies to prove content of business and public records</heading> <content>The content of an admissible writing made in the regular course of “a business” as defined by section 2961 of this title, or in the regular course of business or activity of department or agency of government, may be proved by a photostatic, microfilm, microcard, miniature photographic or other photographic copy or reproduction or by an enlargement thereof, when duly authenticated, if it was in the regular course of the business or official activity to make and preserve such copies or reproductions as a part of the records of the business or office. The introduction of the copy, reproduction or enlargement does not preclude admission of the original writing if it is still in existence.</content> </section> </subchapter> </chapter> <chapter> <num value="111">CHAPTER 111—</num><heading>ADMISSIBILITY AND SUFFICIENCY OF EVIDENCE</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3051.</designator> <label>Degree of certainty required to establish facts.</label></referenceItem> <referenceItem role="section"><designator>3052.</designator> <label>Number of witnesses to prove fact.</label></referenceItem> <referenceItem role="section"><designator>3053.</designator> <label>Effect of declarations and acts of one person on rights of another.</label></referenceItem> <referenceItem role="section"><designator>3054.</designator> <label>Part of transaction proved; admissibility of whole.</label></referenceItem> <referenceItem role="section"><designator>3055.</designator> <label>Parol evidence rule; agreements reduced to writing.</label></referenceItem> <referenceItem role="section"><designator>3056.</designator> <label>Construction of writings; place of execution.</label></referenceItem> <referenceItem role="section"><designator>3057.</designator> <label>Construction of statutes or instruments; duty of judge.</label></referenceItem> <referenceItem role="section"><designator>3058.</designator> <label>Same; intent; general and particular provisions.</label></referenceItem> <referenceItem role="section"><designator>3059.</designator> <label>Construction of instruments; circumstances.</label></referenceItem> <referenceItem role="section"><designator>3060.</designator> <label>Terms of writing; general acceptation; local or technical meaning.</label></referenceItem> <referenceItem role="section"><designator>3061.</designator> <label>Written words on printed form.</label></referenceItem> <referenceItem role="section"><designator>3062.</designator> <label>Expert testimony in interpretation of instruments.</label></referenceItem> <referenceItem role="section"><designator>3063.</designator> <label>Preference between two constructions of agreement.</label></referenceItem> <referenceItem role="section"><designator>3064.</designator> <label>Notice or writing construed according to ordinary acceptation; notice of protest of bill or note.</label></referenceItem> <referenceItem role="section"><designator>3065.</designator> <label>Construction of statutes or instruments in favor of natural right.</label></referenceItem> <referenceItem role="section"><designator>3066.</designator> <label>Usage, evidence as to.</label></referenceItem> <referenceItem role="section"><designator>3067.</designator> <label>Burden of proof.</label></referenceItem> <referenceItem role="section"><designator>3068.</designator> <label>Proof of affirmative and negative allegations.</label></referenceItem> <referenceItem role="section"><designator>3069.</designator> <label>Proof of material allegations; relevant evidence.</label></referenceItem> <referenceItem role="section"><designator>3070.</designator> <label>Effect of evidence; instructions to jury.</label></referenceItem> <referenceItem role="section"><designator>3071.</designator> <label>Questions of fact and law.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">writings generally</inline></label></referenceItem> <referenceItem role="section"><designator>3101.</designator> <label>Kinds of writings.</label></referenceItem> <referenceItem role="section"><designator>3102.</designator> <label>Public writings defined.</label></referenceItem> <referenceItem role="section"><designator>3103.</designator> <label>Private writings defined.</label></referenceItem> <referenceItem role="section"><designator>3104.</designator> <label>Explanation of altered writings.</label></referenceItem> <page identifier="/us/stat/76a/399">399</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">public writings</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3121.</designator> <label>Classification of public writings.</label></referenceItem> <referenceItem role="section"><designator>3122.</designator> <label>Written laws defined.</label></referenceItem> <referenceItem role="section"><designator>3123.</designator> <label>Public and private statutes defined.</label></referenceItem> <referenceItem role="section"><designator>3124.</designator> <label>Unwritten law defined.</label></referenceItem> <referenceItem role="section"><designator>3125.</designator> <label>Public writing of state or country.</label></referenceItem> <referenceItem role="section"><designator>3126.</designator> <label>Recitals in statutes as evidence.</label></referenceItem> <referenceItem role="section"><designator>3127.</designator> <label>Judicial record defined.</label></referenceItem> <referenceItem role="section"><designator>3128.</designator> <label>Authentication of judicial record.</label></referenceItem> <referenceItem role="section"><designator>3129.</designator> <label>Judicial record of foreign country.</label></referenceItem> <referenceItem role="section"><designator>3130.</designator> <label>Same; compared copy.</label></referenceItem> <referenceItem role="section"><designator>3131.</designator> <label>Proof of official documents.</label></referenceItem> <referenceItem role="section"><designator>3132.</designator> <label>Public record of private writing.</label></referenceItem> <referenceItem role="section"><designator>3133.</designator> <label>Officer’s deed as evidence of transfer.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">private writings</inline></label></referenceItem> <referenceItem role="section"><designator>3161.</designator> <label>Private writings classified; seals.</label></referenceItem> <referenceItem role="section"><designator>3162.</designator> <label>Execution of instrument defined.</label></referenceItem> <referenceItem role="section"><designator>3163.</designator> <label>Compromise of debt without seal.</label></referenceItem> <referenceItem role="section"><designator>3164.</designator> <label>Subscribing witness defined.</label></referenceItem> <referenceItem role="section"><designator>3165.</designator> <label>Writings called for and inspected may be withheld.</label></referenceItem> <referenceItem role="section"><designator>3166.</designator> <label>Proof of private writings.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">effect of judgments</inline></label></referenceItem> <referenceItem role="section"><designator>3191.</designator> <label>Effect of judgments generally.</label></referenceItem> <referenceItem role="section"><designator>3192.</designator> <label>Effect of other judicial orders.</label></referenceItem> <referenceItem role="section"><designator>3193.</designator> <label>Parties; when deemed to be the same.</label></referenceItem> <referenceItem role="section"><designator>3194.</designator> <label>Matters deemed adjudged in judgment.</label></referenceItem> <referenceItem role="section"><designator>3195.</designator> <label>Principal bound when surety bound.</label></referenceItem> <referenceItem role="section"><designator>3196.</designator> <label>Judicial record of a State; enforcement; personal representatives.</label></referenceItem> <referenceItem role="section"><designator>3197.</designator> <label>Record of foreign admiralty court.</label></referenceItem> <referenceItem role="section"><designator>3198.</designator> <label>Effect of foreign judgment.</label></referenceItem> <referenceItem role="section"><designator>3199.</designator> <label>Impeachment of judicial record.</label></referenceItem> <referenceItem role="section"><designator>3200.</designator> <label>Jurisdiction necessary to sustain judgment.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vi</inline>—</designator><label><inline class="smallCaps">presumptions</inline></label></referenceItem> <referenceItem role="section"><designator>3221.</designator> <label>Conclusive presumptions.</label></referenceItem> <referenceItem role="section"><designator>3222.</designator> <label>Disputable presumptions.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vii</inline>—</designator><label><inline class="smallCaps">particular case; statute of frauds</inline></label></referenceItem> <referenceItem role="section"><designator>3251.</designator> <label>Offer equivalent to tender.</label></referenceItem> <referenceItem role="section"><designator>3252.</designator> <label>Right to receipt for payment or delivery.</label></referenceItem> <referenceItem role="section"><designator>3253.</designator> <label>Objections to tender must be specified.</label></referenceItem> <referenceItem role="section"><designator>3254.</designator> <label>Compromise offer.</label></referenceItem> <referenceItem role="section"><designator>3255.</designator> <label>Statute of frauds; transfer of real property.</label></referenceItem> <referenceItem role="section"><designator>3256.</designator> <label>Same; wills, trusts, and specific performance.</label></referenceItem> <referenceItem role="section"><designator>3257.</designator> <label>Same; contracts.</label></referenceItem> <referenceItem role="section"><designator>3258.</designator> <label>Same; representation of credit.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="3051">§ 3051. </num> <heading>Degree of certainty required to establish facts</heading> <content>The law does not require demonstration; that is, such a degree of proof as, excluding possibility of error, produces absolute certainty; because such proof is rarely possible. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind.</content> </section> <section> <num value="3052">§ 3052. </num> <heading>Number of witnesses to prove fact</heading> <content>Except as otherwise provided by law, the direct evidence of one witness who is entitled to full credit is sufficient for the proof of any fact.</content> </section> <page identifier="/us/stat/76a/400">400</page> <section> <num value="3053">§ 3053. </num> <heading>Effect of declarations and acts of one person on rights of another</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The rights of a party may not be prejudiced by the declaration, act, or omission of another, except by virtue of a particular relation between them; therefore, proceedings against one may not affect another.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Where one derives title to real property from another the declaration, act, or omission of the latter, while holding the title, in relation to the property, is evidence against the former.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Where the declaration, act, or omission forms part of a transaction, which is itself the fact in dispute, or evidence of that fact, the declaration, act, or omission is evidence, as part of the transaction.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Where the question in dispute between the parties is the obligation or duty of a third person, whatever would be the evidence for or against the third person is prima facie evidence between the parties.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>The declaration, act, or omission of a member of a family who is a decedent, or out of the jurisdiction, is admissible as evidence of common reputation, in cases where, on questions of pedigree, such reputation is admissible.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>The declaration, act, or omission of a decedent, having sufficient knowledge of the subject, against his pecuniary interest, is admissible as evidence to that extent against his successor in interest.</content> </subsection> </section> <section> <num value="3054">§ 3054. </num> <heading>Part of transaction proved; admissibility of whole</heading> <content>When part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by the other. When a letter is read, the answer may be given. When a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing, which is necessary to make it understood, may also be given in evidence.</content> </section> <section> <num value="3055">§ 3055. </num> <heading>Parol evidence rule; agreements reduced to writing</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>where a mistake or imperfection of the writing is put in issue by the pleadings or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>where the validity of the agreement is the fact in dispute.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>This section does not exclude other evidence of the circumstances under which the agreement was made or to which it relates, as defined by section 8059 of this title, or to explain an extrinsic ambiguity, or to establish illegality or fraud. The term agreement includes deeds and wills, as well as contracts between parties.</content> </subsection> </section> <section> <num value="3056">§ 3056. </num> <heading>Construction of writings; place of execution</heading> <content>The language of a writing is to be interpreted according to the meaning it bears in the place of its execution, unless the parties have reference to a different place.</content> </section> <section> <num value="3057">§ 3057. </num> <heading>Construction of statutes or instruments; duty of judge</heading> <content>In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted. Where there are several provisions or particulars, a construction which will give effect to all shall be adopted, if possible.</content> </section> <page identifier="/us/stat/76a/401">401</page> <section> <num value="3058">§ 3058. </num> <heading>Same; intent; general and particular provisions</heading> <content>In the construction of a statute the intention of the legislature, and in the construction of an instrument the intention of the parties, is to be pursued, if possible. When a general and a particular provision are inconsistent, the latter is paramount to the former. A particular intent will control a general one that is inconsistent with it.</content> </section> <section> <num value="3059">§ 3059. </num> <heading>Construction of instruments; circumstances</heading> <content>For the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject of the instrument, and of the parties to it, may also be shown, so that the judge be placed in the position of those whose language he is to interpret.</content> </section> <section> <num value="3060">§ 3060. </num> <heading>Terms of writing; general acceptation; local or technical meaning</heading> <content>The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is nevertheless admissible that they have a local, technical, or otherwise peculiar signification, and were so used and understood in the particular instance, in which case the agreement shall be construed accordingly.</content> </section> <section> <num value="3061">§ 3061. </num> <heading>Written words on printed form</heading> <content>When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls the latter.</content> </section> <section> <num value="3062">§ 3062. </num> <heading>Expert testimony in interpretation of instruments</heading> <content>When the characters in which an instrument is written are difficult to be deciphered, or the language of the instrument is not understood by the court, the evidence of persons skilled in deciphering the characters, or who understand the language, is admissible to declare the characters or the meaning of the language.</content> </section> <section> <num value="3063">§ 3063. </num> <heading>Preference between two constructions of agreement</heading> <content>When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it, and when different constructions of a provision are otherwise equally proper, that is to he taken which is most favorable to the party in whose favor the provision was made.</content> </section> <section> <num value="3064">§ 3064. </num> <heading>Notice or writing construed according to ordinary acceptation; notice of protest of bill or note</heading> <content>A written notice, as well as every other writing, is to be construed according to the ordinary acceptation of its terms. Thus a notice to the drawers or indorsers of a bill of exchange or promissory note, that it has been protested for want of acceptance or payment, shall be held to import that the same has been duly presented for acceptance or payment and the same refused, and that the holder looks for payment to the person to whom the notice is given.</content> </section> <section> <num value="3065">§ 3065. </num> <heading>Construction of statutes or instruments in favor of natural right</heading> <content>When a statute or instrument is equally susceptible of two interpretations, one in favor of natural right, and the other against it, the former is to be adopted.</content> </section> <section> <num value="3066">§ 3066. </num> <heading>Usage, evidence as to</heading> <content>Evidence of usage may be given upon the trial to explain the true character of an act, contract, or instrument, where the true character is not otherwise plain; but usage is never admissible except as an instrument of interpretation.</content> </section> <page identifier="/us/stat/76a/402">402</page> <section> <num value="3067">§ 3067. </num> <heading>Burden of proof</heading> <content>The party holding the affirmative of the issue shall produce the evidence to prove it; therefore, the burden of proof lies on the party who would be defeated if no evidence were given on either side.</content> </section> <section> <num value="3068">§ 3068. </num> <heading>Proof of affirmative and negative allegations</heading> <content>A party must prove his own affirmative allegations. Evidence need not be given in support of a negative allegation, except when the negative allegation is an essential part of the statement of the right or title on which the cause of action or defense is founded, nor even in such a case when the allegation is a denial of the existence of a document, the custody of which belongs to the opposite party.</content> </section> <section> <num value="3069">§ 3069. </num> <heading>Proof of material allegations; relevant evidence</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A material allegation in a pleading is one which is essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>None but a material allegation need be proved.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Evidence shall correspond with the substance of the material allegations and be relevant to the question in dispute. Collateral questions shall therefore be avoided. It is, however, within the discretion of the court to permit inquiry into collateral fact, when the fact is directly connected with the question in dispute, and is essential to its proper determination or when it affects the credibility of a witness.</content> </subsection> </section> <section> <num value="3070">§ 3070. </num> <heading>Effect of evidence; instructions to jury</heading> <chapeau>Where trial is by jury, the jury, subject to the control of the court, in the cases specified in this title, are the judges of the effect or value of evidence addressed to them, except when it is declared to be conclusive. They are, however, to be instructed by the court on all proper occasions:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>that their power of judging of the effect of evidence is not arbitrary, but to be exercised with legal discretion, and in subordination to the rules of evidence;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that they are not bound to decide in conformity with the declarations of any number of witnesses, which do not produce conviction in their minds, against a less number or against a presumption or other evidence satisfying their minds;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that a witness false in one part of his testimony is to be distrusted in others;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>that the testimony of an accomplice ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>that in civil actions the affirmative of the issue must be proved, and when the evidence is contradictory the decision must be made according to the preponderance of evidence; that in criminal actions guilt must be established beyond reasonable doubt;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>that evidence is to be estimated, not only by its own intrinsic weight, but also according to the evidence which it is in the power of one side to produce and of the other to contradict; and, therefore,</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>that if weaker and less satisfactory evidence is offered, when it appears that stronger and more satisfactory was within the power of the party, the evidence offered should be viewed with distrust; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>that the jury are the exclusive judges of the credibility of a witness and that, in determining whether a witness speaks the truth, they may consider the manner in which he testifies; the character of his testimony; the evidence affecting his character for truth, honesty, or integrity, or his motives; and contradictory evidence.</content> </paragraph> </section> <page identifier="/us/stat/76a/403">403</page> <section> <num value="3071">§ 3071. </num> <heading>Questions of fact and law</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>All questions of fact, other than those mentioned in subsection (b) of this section, are to be decided by the jury, when the trial is by jury, and all evidence thereon is to be addressed to them, except when otherwise provided by this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>All questions of law, including the admissibility of testimony, the facts preliminary to its admission, and the construction of statutes and other writings, and other rules of evidence, are to be decided by the court, and all discussions of law addressed to it.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The provisions contained in this title respecting the evidence on a trial before a jury, are equally applicable on the trial of a question of fact before a court, referee, or other officer.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Writings Generally</heading> <section> <num value="3101">§ 3101. </num> <heading>Kinds of writings</heading> <chapeau>Writings are of two kinds:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>public; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>private.</content> </paragraph> </section> <section> <num value="3102">§ 3102. </num> <heading>Public writings defined</heading> <chapeau>Public writings are:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the written acts or records of the acts of the sovereign authority, of official bodies and tribunals, and of public officers, legislative, judicial, and executive, whether of the Canal Zone, of the United States, of a State of the United States, or of a foreign country; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>public records, kept in the Canal Zone, of private writings.</content> </paragraph> </section> <section> <num value="3103">§ 3103. </num> <heading>Private writings defined</heading> <content>All writings other than those defined by section 3102 of this title are private.</content> </section> <section> <num value="3104">§ 3104. </num> <heading>Explanation of altered writings</heading> <content>The party producing a writing as genuine which has been altered or appears to have been altered, after its execution, in a part material to the question in dispute, shall account for the appearance or alteration. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or otherwise properly or innocently made, or that the alteration did not change the meaning or language of the instrument. If he does so, he may give the writing in evidence, but not otherwise.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Public Writings</heading> <section> <num value="3121">§ 3121. </num> <heading>Classification of public writings</heading> <chapeau>Public writings are divided into four classes:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>laws;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>judicial records;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>other official documents; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>public records, kept in the Canal Zone, of private writings.</content> </paragraph> </section> <section> <num value="3122">§ 3122. </num> <heading>Written laws defined</heading> <content>A written law is that which is promulgated in writing, and of which a record is in existence.</content> </section> <section> <num value="3123">§ 3123. </num> <heading>Public and private statutes defined</heading> <content>Statutes are public or private. A private statute is one which concerns only certain designated individuals, and affects only their private rights. All other statutes are public, in which are included statutes creating or affecting corporations.</content> </section> <page identifier="/us/stat/76a/404">404</page> <section> <num value="3124">§ 3124. </num> <heading>Unwritten law defined</heading> <content>Unwritten law is the law not promulgated and recorded, provided by section 3122 of this title, but which is, nevertheless, observed and administered in the courts of the United States. It has no certain repository, but is collected from the reports of the decisions of the courts, and the treatises of learned men.</content> </section> <section> <num value="3125">§ 3125. </num> <heading>Public writing of state or country</heading> <content>A copy of a public writing of a State or country, attested by the certificate of the officer having charge of the original, under the public seal of the State or country is admissible as evidence of the writing.</content> </section> <section> <num value="3126">§ 3126. </num> <heading>Recitals in statutes as evidence</heading> <content>The recitals in a public statute are conclusive evidence of the facts recited for the purpose of carrying it into effect, but no further. The recitals in a private statute are conclusive evidence between parties who claim under its provisions, but no further.</content> </section> <section> <num value="3127">§ 3127. </num> <heading>Judicial record defined</heading> <content>A judicial record is the record or official entry of the proceedings in a court of justice, or of the official act of a judicial officer, in an action or special proceeding.</content> </section> <section> <num value="3128">§ 3128. </num> <heading>Authentication of judicial record</heading> <content>A judicial record of the Canal Zone, or of the United States, may be proved by the production of the original, or by a copy thereof, certified by the clerk or other person having legal custody thereof. That of a State may be proved by the attestation of the clerk and the seal of the court annexed, if there is a clerk and seal, together with a certificate of the chief judge or presiding magistrate, that the attestation is in due form.</content> </section> <section> <num value="3129">§ 3129. </num> <heading>Judicial record of foreign country</heading> <content>A judicial record of a foreign country may be proved by the attestation of the clerk, with the seal of the court annexed, if there is a clerk and a seal, or of the legal keeper of the record with the seal of his office annexed, if there is a seal, together with a certificate of the chief judge, or presiding magistrate, that the person making the attestation is the clerk of the court or the legal keeper of the record, and, in either case, that the signature of the person is genuine, and that the attestation is in due form. The signature of the chief judge or presiding magistrate shall be authenticated by the certificate of the minister or ambassador, or a consul, vice consul, or consular agent of the United States in the foreign country.</content> </section> <section> <num value="3130">§ 3130. </num> <heading>Same; compared copy</heading> <chapeau>A copy of the judicial record of a foreign country is also admissible in evidence, upon proof that:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the copy offered has been compared by the witness with the original, and is an exact transcript of the whole of it;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the original was in the custody of the clerk of the court or other legal keeper of the same; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the copy is duly attested by a seal which is proved to be the seal of the court where the record remains, if it is the record of a court; or if there is no such seal, or if it is not a record of a court, by the signature of the legal keeper of the original.</content> </paragraph> </section> <section> <num value="3131">§ 3131. </num> <heading>Proof of official documents</heading> <chapeau>Other official documents may be proved, as follows:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Acts of the executive of the Government of the Canal Zone, by the records of the office; and of the United States, by the records <page identifier="/us/stat/76a/405">405</page> of the state department of the United States, certified by the heads of those agencies, respectively. They may also be proved by public documents printed by order of the executive or Congress, or either house thereof.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The proceedings of Congress, by the journals of that body, or either house thereof, or by published statutes or resolutions, or by copies certified by the clerk or printed by their order.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The acts of the executive, or the proceedings of the legislature, of a State, in the same manner.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The acts of the executive, or the proceedings of the legislature of a foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in a public act of the executive of the United States.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Documents of any other class in the Canal Zone, by the original, or by a copy, certified by the legal keeper thereof.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Documents of any other class in a State, by the original, or by a copy, certified by the legal keeper thereof, together with the certificate of the secretary of state, judge of the supreme, superior, or county court, or mayor of a city of the State, that the copy is duly certified by the officer having the legal custody of the original.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>Documents of any other class in a foreign country, by the original, or by a copy, certified by the legal keeper thereof, with a certificate, under seal, of the country or sovereign, that the document is a valid and subsisting document of the country, and the copy is duly certified by the officer having the legal custody of the original.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>Documents in the departments or agencies of the United States Government, by the certificates of the legal custodian thereof.</content> </paragraph> </section> <section> <num value="3132">§ 3132. </num> <heading>Public record of private writing</heading> <content>A public record of a private writing may be proved by the original record, or by a copy thereof, certified by the legal keeper of the record.</content> </section> <section> <num value="3133">§ 3133. </num> <heading>Officer’s deed as evidence of transfer</heading> <content>A deed of conveyance of real property, purporting to have been executed by a proper officer in pursuance of legal process of the district court, or the record of the deed, or a certified copy of the record is prima facie evidence that the property or interest therein described was thereby conveyed to the grantee named in the deed.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Private Writings</heading> <section> <num value="3161">§ 3161. </num> <heading>Private writings classified; seals</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Private writings are either:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>sealed; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>unsealed.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A scroll or other sign, made in a State or foreign country, and there recognized as a seal, shall be so regarded in the Canal Zone.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>There is no difference in the Canal Zone between sealed and unsealed writings. A writing under seal may therefore he changed or altogether discharged by a writing not under seal.</content> </subsection> </section> <section> <num value="3162">§ 3162. </num> <heading>Execution of instrument defined</heading> <content>The execution of an instrument is the subscribing and delivering it, with or without affixing a seal.</content> </section> <section> <num value="3183">§ 3183. </num> <heading>Compromise of debt without seal</heading> <content>An agreement, in writing, without a seal, for the compromise or settlement of a debt, is as obligatory as if a seal were affixed.</content> </section> <page identifier="/us/stat/76a/406">406</page> <section> <num value="3164">§ 3164. </num> <heading>Subscribing witness defined</heading> <content>A subscribing witness is one who sees a writing executed or hears it acknowledged, and at the request of the party thereupon signs his name as a witness.</content> </section> <section> <num value="3165">§ 3165. </num> <heading>Writings called for and inspected may be withheld</heading> <content>Where a writing is called for by one party and produced by the other, and is thereupon inspected by the party calling for it, he is not obliged to produce it as evidence in the case.</content> </section> <section> <num value="3166">§ 3166. </num> <heading>Proof of private writings</heading> <content>Every private writing, except last wills and testaments, may be acknowledged or proved and certified in the manner provided by chapter 27 of Title 4, and the certificate of acknowledgment or proof is prima facie evidence of the execution of the writing, in the same manner as if it were a conveyance of real property.</content> </section> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Effect of Judgments</heading> <section> <num value="3191">§ 3191. </num> <heading>Effect of judgments generally</heading> <chapeau>The effect of a judgment or final order in an action or special proceeding before a court or judge of the Canal Zone, is as follows:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>In case of a judgment or order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a decedent, or in respect to the personal, political, or legal condition or relation of a particular person, the judgment or order is conclusive upon the title to the thing, the will, or administration, or the condition or relation of the person.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>In other cases, the judgment or order is, in respect to the matter directly adjudged, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing under the same title and in the same capacity, if they have notice, actual or constructive, of the pendency of the action or proceeding.</content> </paragraph> </section> <section> <num value="3192">§ 3192. </num> <heading>Effect of other judicial orders</heading> <content>Other judicial orders of a court or judge of the Canal Zone, create a disputable presumption, according to the matter directly determined, between the same parties and their representatives and successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing under the same title and in the same capacity.</content> </section> <section> <num value="3193">§ 3193. </num> <heading>Parties; when deemed to be the same</heading> <content>The parties are deemed to be the same when those between whom the evidence is offered were on opposite sides in the former case, and a judgment or other determination could in that case have been made between them alone, though other parties were joined with both or either.</content> </section> <section> <num value="3194">§ 3194. </num> <heading>Matters deemed adjudged in judgment</heading> <content>That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto.</content> </section> <section> <num value="3195">§ 3195. </num> <heading>Principal bound when surety bound</heading> <content>Whenever, pursuant to sections 3191–3194 of this title, a party is bound by a record, and the party stands in the relation of a surety for another, the latter is also bound from the time that he has notice of the action or proceeding, and an opportunity at the surety’s request to join in the defense.</content> </section> <page identifier="/us/stat/76a/407">407</page> <section> <num value="3196">§ 3196. </num> <heading>Judicial record of a State; enforcement; personal representatives</heading> <content>The effect of a judicial record of a State is the same in the Canal Zone as in the State where it was made, except that it can only be enforced here by an action or special proceeding, and except, also, that the authority of a guardian or committee, or of an executor or administrator, does not extend beyond the jurisdiction of the government under which he was invested with his authority.</content> </section> <section> <num value="3197">§ 3197. </num> <heading>Record of foreign admiralty court</heading> <content>The effect of the judicial record of a court of admiralty of a foreign country is the same as if it were the record of a court of admiralty of the United States.</content> </section> <section> <num value="3198">§ 3198. </num> <heading>Effect of foreign judgment</heading> <content>A final judgment of any other tribunal of a foreign country having jurisdiction, according to the laws of that country, to pronounce the judgment, has the same effect as in the country where rendered; and also the same effect as final judgments rendered in the Canal Zone.</content> </section> <section> <num value="3199">§ 3199. </num> <heading>Impeachment of judicial record</heading> <content>A judicial record may be impeached by evidence of a want of jurisdiction in the court or judicial officer, of collusion between the parties, or of fraud in the party offering the record, in respect to the proceedings.</content> </section> <section> <num value="3200">§ 3200. </num> <heading>Jurisdiction necessary to sustain judgment</heading> <content>The jurisdiction sufficient to sustain a record is jurisdiction over the cause, over the parties, and over the thing, when a specific thing is the subject of the judgment.</content> </section> </subchapter> <subchapter> <num class="bold" value="VI">Subchapter VI—</num><heading class="bold">Presumptions</heading> <section> <num value="3221">§ 3221. </num> <heading>Conclusive presumptions</heading> <chapeau>The following presumptions and no others, are deemed conclusive:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the truth of the facts recited, from the recital in a written instrument between the parties thereto, or their successors in interest by a subsequent title; but this rule does not apply to the recital of a consideration;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true and to act upon that belief, he may not, in any litigation arising out of the declaration, act, or omission, be permitted to falsify it;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the judgment or order of a court, when declared by this title to be conclusive; but the judgment or order must be alleged in the pleadings if there is an opportunity to do so; if there is no such opportunity, the judgment or order may be used as evidence; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>any other presumption which, by statute, is expressly made conclusive.</content> </paragraph> </section> <page identifier="/us/stat/76a/408">408</page> <section> <num value="3222">§ 3222. </num> <heading>Disputable presumptions</heading> <chapeau>All presumptions, other than those provided for by section 3221 of this title, are satisfactory, it uncontradicted. They are denominated disputable presumption and may be controverted by other evidence. The following are of that kind:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>that a person is innocent of crime or wrong;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>that an unlawful act was done with an unlawful intent;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that a person intends the ordinary consequence of his voluntary act;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>that a person takes ordinary care of his own concerns;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>that evidence wilfully suppressed would be adverse if produced;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>that higher evidence would be adverse from inferior being produced;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>that money paid by one to another was due to the latter;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>that a thing delivered by one to another belonged to the latter;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>that an obligation delivered up to the debtor has been paid;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>that former rent or installments have been paid when a receipt for latter is produced;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>that things which a person possesses are owned by him;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>that a person is the owner of property from exercising acts of ownership over it, or from common reputation of his ownership;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content>that a person in possession of an order on himself for the payment of money, or the delivery of a thing, has paid the money or delivered the thing accordingly;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">(14) </num> <content>that a person acting in a public office was regularly appointed to it;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">(15) </num> <content>that official duty has been regularly performed;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="16">(16) </num> <content>that a court or judge, acting as such, whether in the Canal Zone or a State or country, was acting in the lawful exercise of his jurisdiction;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="17">(17) </num> <content>that a judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="18">(18) </num> <content>that all matters within an issue were laid before the jury and passed upon by them;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="19">(19) </num> <content>that private transactions have been fair and regular;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="20">(20) </num> <content>that the ordinary course of business has been followed;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="21">(21) </num> <content>that a promissory note or bill of exchange was given or indorsed for a sufficient consideration;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="22">(22) </num> <content>that an indorsement of a negotiable promissory note or bill of exchange was made at the time and place of making the note or bill;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="23">(23) </num> <content>that a writing is truly dated;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="24">(24) </num> <content>that a letter duly directed and mailed was received in the regular course of the mail;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="25">(25) </num> <content>identity of person from identity of name;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="26">(26) </num> <content>that a person not heard from in seven years is dead;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="27">(27) </num> <content>that acquiescence followed from a belief that the thing acquiesced in was conformable to the right or fact;</content> </paragraph> <page identifier="/us/stat/76a/409">409</page> <paragraph class="firstIndent1 fontsize10"> <num value="28">(28) </num> <content>that things have happened according to the ordinary course of nature and ordinary habits of life;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="29">(29) </num> <content>that persons acting as copartners have entered into a contract of copartnership;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="30">(30) </num> <content>that a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="31">(31) </num> <content>that a child born in lawful wedlock is legitimate;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="32">(32) </num> <content>that a thing once proved to exist continues as long as is usual with things of that nature;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="33">(33) </num> <content>that the law has been obeyed;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="34">(34) </num> <content>that a document or writing more than thirty years old is genuine, when the same has been since generally acted upon as genuine, by persons having an interest in the question, and its custody has been satisfactorily explained;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="35">(35) </num> <content>that a printed and published book, purporting to be printed or published by public authority, was so printed or published;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="36">(36) </num> <content>that a printed and published book, purporting to contain reports of cases adjudged in the tribunals of the State or country where the book is published, contains correct reports of those cases;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="37">(37) </num> <content>that a trustee or other person, whose duty it was to convey real property to a particular person, has actually conveyed to him when that presumption is necessary to perfect the title of such person or his successor in interest; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="38">(38) </num> <content>that there was a good and sufficient consideration for a written contract.</content> </paragraph> </section> </subchapter> <subchapter> <num value="VII">Subchapter VII—</num> <heading>Particular Cases; Statute of Frauds</heading> <section> <num value="3251">§ 3251. </num> <heading>Offer equivalent to tender</heading> <content>An offer in writing to pay a particular sum of money, or to deliver a written instrument or specific personal property, is, if not accepted, equivalent to the actual production and tender of the money, instrument, or property.</content> </section> <section> <num value="3252">§ 3252. </num> <heading>Right to receipt for payment or delivery</heading> <content>Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery.</content> </section> <section> <num value="3253">§ 3253. </num> <heading>Objections to tender must be specified</heading> <content>The person to whom a tender is made shall, at the time, specify any objection he may have to the money, instrument, or property, or he is deemed to have waived it. If the objection is to the amount of money, the terms of the instrument, or the amount or kind of property, he shall specify the amount, terms, or kind which he requires, or be precluded from objecting afterwards.</content> </section> <page identifier="/us/stat/76a/410">410</page> <section> <num value="3254">§ 3254. </num> <heading>Compromise offer</heading> <content>An offer of compromise is not an admission that anything is due.</content> </section> <section> <num value="3255">§ 3255. </num> <heading>Statute of frauds; transfer of real property</heading> <content>An estate or interest in real property, other than for leases for a term not exceeding one year, or a trust or power over or concerning it, or in any manner relating thereto, may not be created, granted, assigned, surrendered, or declared, otherwise than by operation of law, or a conveyance or other instrument in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent thereunto authorized by writing.</content> </section> <section> <num value="3256">§ 3256. </num> <heading>Same; wills, trusts, and specific performance</heading> <content>Section 3255 of this title does not affect the power of a testator in the disposition of his real property by a last will and testament, nor prevent a trust from arising or being extinguished by implication or operation of law, nor abridge the power of a court to compel the specific performance of an agreement, in case of part performance thereof.</content> </section> <section> <num value="3257">§ 3257. </num> <heading>Same; contracts</heading> <chapeau>The following contracts are invalid, unless they or some note or memorandum thereof, is in writing and subscribed by the party to be charged, or by his agent. Evidence, therefore, of the agreement, may not be received without the writing or secondary evidence of its contents:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an agreement that by its terms is not to be performed within a year from the making thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a special promise to answer for the debt, default, or miscarriage of another, except in the ease provided for by section 3714 of Title 4;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>an agreement made upon consideration of marriage;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>an agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; and such an agreement, if made by an agent of the party sought to be charged is invalid, unless the authority of the agent is in writing, subscribed by the party sought to be charged;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>an agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission:</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>an agreement which by its terms is not to be performed during the lifetime of the promisor, or an agreement to devise or bequeath property, or to make provision for a person by will.</content> </paragraph> </section> <section> <num value="3258">§ 3258. </num> <heading>Same; representation of credit</heading> <content>Evidence is not admissible to charge a person upon a representation as to the credit of a third person, unless the representation, or a memorandum thereof, is in writing, and either subscribed by or in the handwriting of the party to be charged.</content> </section> </subchapter> </chapter> </part> 411 <num value="6">TITLE 6—</num><heading>CRIMES AND CRIMINAL PROCEDURE</heading> <toc> <headingItem> <designator><inline class="smallCaps">Part</inline></designator> <label /> </headingItem> <referenceItem role="part"><designator>1.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Crimes</inline></label> <target>1</target></referenceItem> <referenceItem role="part"><designator>2.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Criminal Procedure</inline></label> <target>3501</target></referenceItem> <referenceItem role="part"><designator>3.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Prisons and Prisoners</inline></label> <target>6501</target></referenceItem> </toc> <part> <num class="bold" value="1">PART 1—</num><heading class="bold">CRIMES</heading> <toc> <headingItem> <designator><inline class="smallCaps">Chapter</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>1.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">General Provisions</inline></label> <target>1</target></referenceItem> <referenceItem role="chapter"><designator>3.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Abortion and Contraception</inline></label> <target>171</target></referenceItem> <referenceItem role="chapter"><designator>5.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Adultery</inline></label> <target>201</target></referenceItem> <referenceItem role="chapter"><designator>7.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Animals</inline></label> <target>231</target></referenceItem> <referenceItem role="chapter"><designator>9.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Arrests, Searches, and Seizures</inline></label> <target>271</target></referenceItem> <referenceItem role="chapter"><designator>11.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Arson</inline></label> <target>301</target></referenceItem> <referenceItem role="chapter"><designator>13.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Assault and Battery</inline></label> <target>331</target></referenceItem> <referenceItem role="chapter"><designator>15.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Attempts to Commit Offenses Generally</inline></label> <target>371</target></referenceItem> <referenceItem role="chapter"><designator>17.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Attorneys</inline></label> <target>401</target></referenceItem> <referenceItem role="chapter"><designator>19.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Bigamy</inline></label> <target>431</target></referenceItem> <referenceItem role="chapter"><designator>21.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Bribery and Graft</inline></label> <target>461</target></referenceItem> <referenceItem role="chapter"><designator>23.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Burglary</inline></label> <target>501</target></referenceItem> <referenceItem role="chapter"><designator>25.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Children</inline></label> <target>541</target></referenceItem> <referenceItem role="chapter"><designator>27.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Civil Rights</inline></label> <target>571</target></referenceItem> <referenceItem role="chapter"><designator>29.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Compounding Crime</inline></label> <target>601</target></referenceItem> <referenceItem role="chapter"><designator>31.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Conspiracy</inline></label> <target>631</target></referenceItem> <referenceItem role="chapter"><designator>33.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Contempts</inline></label> <target>661</target></referenceItem> <referenceItem role="chapter"><designator>35.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Contracts</inline></label> <target>691</target></referenceItem> <referenceItem role="chapter"><designator>37.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Convicts</inline></label> <target>721</target></referenceItem> <referenceItem role="chapter"><designator>39.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Corporations and Associations</inline></label> <target>751</target></referenceItem> <referenceItem role="chapter"><designator>41.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Disorderly Conduct</inline></label> <target>791</target></referenceItem> <referenceItem role="chapter"><designator>43.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Duels and Challenges</inline></label> <target>821</target></referenceItem> <referenceItem role="chapter"><designator>45.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Escape and Rescue</inline></label> <target>851</target></referenceItem> <referenceItem role="chapter"><designator>47.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Extortion, Oppression, and Threats</inline></label> <target>881</target></referenceItem> <referenceItem role="chapter"><designator>49.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">False Imprisonment</inline></label> <target>921</target></referenceItem> <referenceItem role="chapter"><designator>51.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">False Personation</inline></label> <target>951</target></referenceItem> <referenceItem role="chapter"><designator>53.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Forgery and Counterfeiting</inline></label> <target>981</target></referenceItem> <referenceItem role="chapter"><designator>55.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Fraud and False Statements</inline></label> <target>1021</target></referenceItem> <referenceItem role="chapter"><designator>57.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Habeas Corpus Offenses</inline></label> <target>1071</target></referenceItem> <referenceItem role="chapter"><designator>59.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Health and Safety</inline></label> <target>1101</target></referenceItem> <referenceItem role="chapter"><designator>61.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Homicide</inline></label> <target>1181</target></referenceItem> <referenceItem role="chapter"><designator>63.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Incest</inline></label> <target>1221</target></referenceItem> <referenceItem role="chapter"><designator>65.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Incompetent Persons</inline></label> <target>1251</target></referenceItem> <referenceItem role="chapter"><designator>67.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Indecent or Immoral Conduct</inline></label> <target>1281</target></referenceItem> <referenceItem role="chapter"><designator>69.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Kidnaping and Similar Offenses</inline></label> <target>1311</target></referenceItem> <referenceItem role="chapter"><designator>71.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Larceny and Embezzlement</inline></label> <target>1341</target></referenceItem> <referenceItem role="chapter"><designator>73.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Letters and Messages</inline></label> <target>1421</target></referenceItem> <referenceItem role="chapter"><designator>75.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Libel</inline></label> <target>1461</target></referenceItem> <referenceItem role="chapter"><designator>77.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Lotteries and Gambling</inline></label> <target>1501</target></referenceItem> <referenceItem role="chapter"><designator>79.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Malicious or Other Injury to Property</inline></label> <target>1561</target></referenceItem> <referenceItem role="chapter"><designator>81.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Marriages</inline></label> <target>1631</target></referenceItem> <referenceItem role="chapter"><designator>83.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Mayhem</inline></label> <target>1661</target></referenceItem> <referenceItem role="chapter"><designator>85.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Motor and Other Vehicles</inline></label> <target>1691</target></referenceItem> <referenceItem role="chapter"><designator>87.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Navigation</inline></label> <target>1751</target></referenceItem> <referenceItem role="chapter"><designator>89.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Nuisances</inline></label> <target>1781</target></referenceItem> <referenceItem role="chapter"><designator>91.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Obstruction of Justice</inline></label> <target>1811</target></referenceItem> <referenceItem role="chapter"><designator>93.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Perjury</inline></label> <target>1861</target></referenceItem> <referenceItem role="chapter"><designator>95.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Postal Service</inline></label> <target>2001</target></referenceItem> <referenceItem role="chapter"><designator>97.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Prisoners’ Mistreatment</inline></label> <target>2031</target></referenceItem> <referenceItem role="chapter"><designator>99.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Prize Fighting and Sparring</inline></label> <target>2061</target></referenceItem> <referenceItem role="chapter"><designator>101.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Prostitution and Related Offenses</inline></label> <target>2091</target></referenceItem> <referenceItem role="chapter"><designator>103.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Public Offices, Officers and Employees</inline></label> <target>2121</target></referenceItem> <referenceItem role="chapter"><designator>105.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Railroads and Other Carriers</inline></label> <target>2181</target></referenceItem> <referenceItem role="chapter"><designator>107.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Rape</inline></label> <target>2221</target></referenceItem> <referenceItem role="chapter"><designator>109.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Records, Documents and Reports</inline></label> <target>2251</target></referenceItem> <referenceItem role="chapter"><designator>111.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Riots, Routs and Unlawful Assemblies</inline></label> <target>2281</target></referenceItem> <referenceItem role="chapter"><designator>113.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Roads, Bridges, Ferries, Piers and Docks</inline></label> <target>2321</target></referenceItem> <page identifier="/us/stat/76a/412">412</page> <headingItem> <designator><inline class="smallCaps">Chapter</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>115.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Robbery</inline></label> <target>2361</target></referenceItem> <referenceItem role="chapter"><designator>117.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Seduction</inline></label> <target>2391</target></referenceItem> <referenceItem role="chapter"><designator>119.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Sepulture</inline></label> <target>2421</target></referenceItem> <referenceItem role="chapter"><designator>121.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Sodomy and Bestiality</inline></label> <target>2451</target></referenceItem> <referenceItem role="chapter"><designator>123.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Stolen Property</inline></label> <target>2481</target></referenceItem> <referenceItem role="chapter"><designator>125.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Suicide</inline></label> <target>2511</target></referenceItem> <referenceItem role="chapter"><designator>127.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Vagrancy</inline></label> <target>2541</target></referenceItem> <referenceItem role="chapter"><designator>129.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Weapons; Hunting</inline></label> <target>2571</target></referenceItem> <referenceItem role="chapter"><designator>131.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Weights and Measures</inline></label> <target>2601</target></referenceItem> </toc> <chapter> <num value="1">CHAPTER 1—</num><heading>GENERAL PROVISIONS</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label class="centered"><inline class="smallCaps">rules of interpretation</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>2.</designator> <label>Scope of term “person” when used regarding protection of property.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label class="centered"><inline class="smallCaps">types of crimes or offenses</inline></label></referenceItem> <referenceItem role="section"><designator>21.</designator> <label>Definition of crime or public offense.</label></referenceItem> <referenceItem role="section"><designator>22.</designator> <label>Union of act and intent or negligence: manifestations and presumptions as to intent.</label></referenceItem> <referenceItem role="section"><designator>23.</designator> <label>Classification of offenses.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter iii</inline>—</designator><label class="centered"><inline class="smallCaps">parties to crimes</inline></label></referenceItem> <referenceItem role="section"><designator>41.</designator> <label>Principals; pleading.</label></referenceItem> <referenceItem role="section"><designator>42.</designator> <label>Conviction of testimony of accomplice; accomplice defined.</label></referenceItem> <referenceItem role="section"><designator>43.</designator> <label>Accessory after the fact; punishment.</label></referenceItem> <referenceItem role="section"><designator>44.</designator> <label>Misprision of felony.</label></referenceItem> <referenceItem role="section"><designator>45.</designator> <label>Persons capable of committing crimes.</label></referenceItem> <referenceItem role="section"><designator>46.</designator> <label>Omission to perform act performed by another.</label></referenceItem> <referenceItem role="section"><designator>47.</designator> <label>Intoxicated persons; consideration in determining intent.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter iv</inline>—</designator><label class="centered"><inline class="smallCaps">resistance to commission of crime</inline></label></referenceItem> <referenceItem role="section"><designator>71.</designator> <label>Resistance by party about to be injured.</label></referenceItem> <referenceItem role="section"><designator>72.</designator> <label>Person aiding another about to be injured.</label></referenceItem> <referenceItem role="section"><designator>73.</designator> <label>Extent of right of self-defense.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter v</inline>—</designator><label class="centered"><inline class="smallCaps">sentence and punishment</inline></label></referenceItem> <referenceItem role="article"><designator class="centered">Article A—</designator><label class="centered">General Provisions</label></referenceItem> <referenceItem role="section"><designator>91.</designator> <label>Persons subject to prosecution and punishment.</label></referenceItem> <referenceItem role="section"><designator>92.</designator> <label>Penalties where penalties not otherwise prescribed.</label></referenceItem> <referenceItem role="section"><designator>93.</designator> <label>Offense made punishable in different ways; double jeopardy.</label></referenceItem> <referenceItem role="section"><designator>94.</designator> <label>Duty to determine and impose punishment.</label></referenceItem> <referenceItem role="section"><designator>95.</designator> <label>Punishment within limits prescribed.</label></referenceItem> <referenceItem role="section"><designator>96.</designator> <label>Punishment where only minimum term prescribed.</label></referenceItem> <referenceItem role="article"><designator class="centered">Article B—</designator><label class="centered">Subsequent Offenses; Habitual Criminals</label></referenceItem> <referenceItem role="section"><designator>111.</designator> <label>Punishment for offenses committed after conviction of prior penitentiary offense.</label></referenceItem> <referenceItem role="section"><designator>112.</designator> <label>Punishment for petit Larceny or attempts to commit offenses, after prior conviction of petit larceny.</label></referenceItem> <referenceItem role="section"><designator>113.</designator> <label>Punishment of habitual criminals.</label></referenceItem> <referenceItem role="section"><designator>114.</designator> <label>Effect of pardon.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter vi</inline>—</designator><label class="centered"><inline class="smallCaps">miscellaneous provisions</inline></label></referenceItem> <referenceItem role="section"><designator>131.</designator> <label>Arrest only for crimes declared in Code; exceptions.</label></referenceItem> <referenceItem role="section"><designator>132.</designator> <label>Civil liability for offenses; effect of this title.</label></referenceItem> <referenceItem role="section"><designator>133.</designator> <label>Forfeiture of property upon conviction.</label></referenceItem> <referenceItem role="section"><designator>134.</designator> <label>Forfeiture of public office upon conviction.</label></referenceItem> <referenceItem role="section"><designator>135.</designator> <label>Evaluation of property in determining grade of offense.</label></referenceItem> <referenceItem role="section"><designator>136.</designator> <label>Preservation of powers of courts-martial and others.</label></referenceItem> <referenceItem role="section"><designator>137.</designator> <label>Offenses involving sending of letters.</label></referenceItem> </toc> <page identifier="/us/stat/76a/413">413</page> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Rules of Interpretation</heading> <section> <num value="1">§ 1. </num> <heading>Definitions</heading> <content> <p class="indent0 firstIndent1 fontsize10">As used in this title, unless it is otherwise provided or the context requires a different meaning:</p> <p class="indent0 firstIndent1 fontsize10">“bribe” means anything of value or advantage, present or prospective, or any promise or undertaking to give anything asked, given, or accepted, with a corrupt intent to influence, unlawfully, tie person to whom it is given, in his action, vote or opinion, in any public or official capacity;</p> <p class="indent0 firstIndent1 fontsize10">“corruptly” means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person;</p> <p class="indent0 firstIndent1 fontsize10">“knowingly” means a personal knowledge; but it does not require any knowledge of the unlawfulness of the act or omission;</p> <p class="indent0 firstIndent1 fontsize10">“malice” and “maliciously” mean a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law;</p> <p class="indent0 firstIndent1 fontsize10">“neglect”, “negligence”, “negligent”, or “negligently” means a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns; and</p> <p class="indent0 firstIndent1 fontsize10">“willful” or “willfully”, when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to; and it does not require an intent to violate law, or to injure another, or to acquire any advantage.</p> </content> </section> <section> <num value="2">§ 2. </num> <heading>Scope of term “person” when used regarding protection of property</heading> <content>When property or an interest is intended to be protected by a provision of this title and the general term “person or any other general term is used to designate the party whose property it is intended to protect, the provision of this title and the protection thereby given extend to the property of the United States of America or of a State and any other domestic or foreign political entity. This section does not restrict the meaning of the term “person” as defined under any other provision of this title or under section 61 of Title 1.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Types of Crimes or Offenses</heading> <section> <num value="21">§ 21. </num> <heading>Definition of crime or public offense</heading> <chapeau>A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it and, upon conviction, punishable by:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>death;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>imprisonment;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>fine;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>removal from office; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>disqualification to hold and enjoy any office of honor, trust, or profit.</content> </paragraph> </section> <section> <num value="22">§ 22. </num> <heading>Union of act and intent or negligence; manifestations and presumptions as to intent</heading> <content>In every crime or public offense there must exist a union or joint operation of an act and intent or criminal negligence. The intent is manifested by the circumstances connected with the offense and the sound mind and discretion of the accused. All persons are of sound mind who are neither idiots nor insane.</content> </section> <page identifier="/us/stat/76a/414">414</page> <section> <num value="23">§ 23. </num> <heading>Classification of offenses</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Offenses are either felonies or misdemeanors.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>As to all offenses included in this Code, a felony is an offense punishable by death or by imprisonment in the penitentiary. Every other offense is a misdemeanor. When an offense punishable by imprisonment in the penitentiary is also punishable by fine or imprisonment in jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the penitentiary.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>As to all offenses against the general laws of the United States applicable to the Canal Zone, a felony is an offense punishable by death or imprisonment for a term exceeding one year, and all other such offenses are misdemeanors.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Parties to Crimes</heading> <section> <num value="41">§ 41. </num> <heading>Principals; pleading</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whoever commits an offense, or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Whoever willfully causes an act to be done which, if directly performed by him or another person, would be an offense, is punishable as a principal.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Persons within this section shall be prosecuted and tried as principals, and no fact need be alleged in the information against them other than is required in the information against the principal.</content> </subsection> </section> <section> <num value="42">§ 42. </num> <heading>Conviction on testimony of accomplice; accomplice defined</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A conviction can not be had on the testimony of an accomplice unless his testimony is corroborated by other evidence which in itself and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense. The corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>An accomplice is an individual who is liable to prosecution for the identical offense charged against the defendant on trial in the cause in which the testimony of the accomplice is given.</content> </subsection> </section> <section> <num value="43">§ 43. </num> <heading>Accessory after the fact; punishment</heading> <content> <p class="indent0 firstIndent1 fontsize10">Whoever, knowing that an offense has been committed, receives, relieves, comforts, or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.</p> <p class="indent0 firstIndent1 fontsize10">Except as otherwise expressly provided by law, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or fined not more than one-half the maximum fine prescribed for the punishment of the person punishable as a principal, or both; or if the person punishable as a principal is punishable by imprisonment for life or by death, the accessory shall be imprisoned not more than 10 years.</p> <p class="indent0 firstIndent1 fontsize10">An accessory after the fact may be prosecuted, tried and punished though the person punishable as a principal is neither prosecuted nor tried.</p> </content> </section> <section> <num value="44">§ 44. </num> <heading>Misprision of felony</heading> <content>Whoever, having knowledge of the actual commission of a felony cognizable by the district court, conceals and does not as soon as possible make known the same to the judge of the district court or some other person in civil or military authority under the United States or the Canal Zone Government, shall be fined not more than $500 or imprisoned in the penitentiary not more than three years, or both; and may be prosecuted, tried and punished though the person or persons who committed the felony concealed are neither prosecuted nor tried.</content> </section> <page identifier="/us/stat/76a/415">415</page> <section> <num value="45">§ 45. </num> <heading>Persons capable of committing crimes</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>All persons are capable of committing crimes except:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>children under the age of seven years;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>children over the age of seven years but under the age of fourteen years, in the absence of clear proof that at the time of committing the act charged against them they knew its wrongfulness;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>idiots;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>insane persons; but a morbid propensity to commit prohibited acts, existing in the mind of a person who is not shown to have been incapable of knowing the wrongfulness of such acts, is not a defense to a prosecution therefor;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>persons who committed the act or made the omission charged through ignorance or mistake of fact, which disproved criminal intent;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>persons who committed the act charged without being conscious thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>if the act committed were intended to be against a person other than the one actually injured, the person committing the offense is answerable as though it were committed against the person intended;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>married women, except for felonies, acting under the threats, command, or coercion of their husbands; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>unless the crime is punishable with death, persons who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to, and did believe their lives would be endangered if they refused.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In cases of felonies, a wife is not excused from punishment by reason of her subjection to the power of her husband, unless the facts proved show a case of duress.</content> </subsection> </section> <section> <num value="46">§ 46. </num> <heading>Omission to perform act performed by another</heading> <content>A person is not punishable for an omission to perform an act where the act has been performed by another person acting in his behalf and competent by law to perform it.</content> </section> <section> <num value="47">§ 47. </num> <heading>Intoxicated persons; consideration in determining intent</heading> <content>An act committed by a person while in a state of voluntary intoxication is not less criminal by reason of his having been in that condition; but whenever the actual existence of a particular purpose, motive, or intent is a necessary element to constitute a particular species or degree of crime, the court or jury may take into consideration the fact that the accused was intoxicated at the time in determining the purpose, motive, or intent with which he committed the act.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Resistance to Commission of Crime</heading> <section> <num value="71">§ 71. </num> <heading>Resistance by party about to be injured</heading> <chapeau>A person about to be injured may make resistance sufficient to prevent:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an illegal attempt by force to take or injure property in his lawful possession; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>an offense against his person or his family or a member thereof.</content> </paragraph> </section> <section> <num value="72">§ 72. </num> <heading>Person aiding another about to be injured</heading> <content>A person, in aid or defense of a person about to be injured, may make resistance sufficient to prevent the offense.</content> </section> <page identifier="/us/stat/76a/416">416</page> <section> <num value="73">§ 73. </num> <heading>Extent of right of self-defense</heading> <content>The right of self-defense does not extend to the infliction of more harm than is necessary for the purpose of defense.</content> </section> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Sentence and Punishment</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">General Provisions</heading> <section> <num value="91">§ 91. </num> <heading>Persons subject to prosecution and punishment</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A person is liable to punishment under the laws of the Canal Zone, or under the laws of the United States applicable to the Canal Zone, for an offense committed by him within the Canal Zone.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>The following persons are liable to prosecution and punishment:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>persons who commit, in whole or in part, a crime within the jurisdiction of the courts;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>persons who commit an offense outside the Canal Zone which, if committed within the Canal Zone, would be larceny robbery, or embezzlement under the laws of the Canal Zone, and bring the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within the Canal Zone; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>persons who, being beyond the jurisdiction of the courts, cause or aid, advise or encourage another person to commit a crime within the Canal Zone and are afterwards found therein.</content> </paragraph> </subsection> </section> <section> <num value="92">§ 92. </num> <heading>Penalties where penalties not otherwise prescribed</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Unless a different punishment is prescribed by law:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a felony is punishable by a fine of not more than $5,000, or by imprisonment in the penitentiary for not more than five years, or by both; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a misdemeanor is punishable by a fine of not more than $100, or by imprisonment in jail for not more than 30 days, or by both.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>When an act or omission is declared by this Code or other law to be a public offense, and a penalty for the offense is not prescribed by this Code or other law, the act or omission is punishable as a misdemeanor.</content> </subsection> </section> <section> <num value="93">§ 93. </num> <heading>Offense made punishable in different ways; double jeopardy</heading> <content>An act or omission which is made punishable in different ways by different provisions of this title may be punished under either of the provisions but not under more than one; and an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other provision.</content> </section> <section> <num value="94">§ 94. </num> <heading>Duty to determine and impose punishment</heading> <content>The sections of this title or any other title of this Code, or of any other law relating or applicable to the Canal Zone, which declare certain crimes to be punishable as therein provided, devolve a duty upon the court authorized to pass sentence to determine and impose the punishment prescribed.</content> </section> <section> <num value="95">§ 95. </num> <heading>Punishment within limits prescribed</heading> <content>When, in this title or any other title of this Code, or in any other law relating or applicable to the Canal Zone, the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted iii a particular case shall be determined by the court authorized to pass sentence within the limits so prescribed.</content> </section> <page identifier="/us/stat/76a/417">417</page> <section> <num value="96">§ 96. </num> <heading>Punishment where only minimum term prescribed</heading> <content>When a person is declared punishable for a crime by imprisonment in the penitentiary for a term not less than a specified number of years, and a limit to the duration of the imprisonment is not declared, punishment of the offender shall be imprisonment for any number of years not less than that prescribed.</content> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Subsequent Offenses; Habitual Criminals</heading> <section> <num value="111">§ 111. </num> <heading>Punishment for offenses committed after conviction of prior penitentiary offense</heading> <chapeau>Whoever, having been convicted of an offense punishable by imprisonment in the penitentiary, commits a crime after his conviction, is punishable therefor as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the subsequent offense is such that, upon a first conviction, an offender would be punishable by imprisonment in the penitentiary for any term exceeding five years, he is punishable by imprisonment in the penitentiary for not less than ten years;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if the subsequent offense is such that upon a first conviction, the offender would be punishable by imprisonment in the penitentiary for five years, or any less term, he is punishable by imprisonment in the penitentiary for not more than ten years;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the subsequent conviction is for petit larceny or an attempt to commit an offense which, if committed, would be punishable by imprisonment in the penitentiary for not more than five years, he is punishable by imprisonment in the penitentiary for not more than five years.</content> </paragraph> </section> <section> <num value="112">§ 112. </num> <heading>Punishment for petit larceny or attempts to commit offenses, after prior conviction of petit larceny</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whoever, having been convicted of petit larceny, is subsequently convicted of petit larceny, shall be imprisoned in the penitentiary not more than five years.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Whoever, having been convicted of petit larceny, is subsequently convicted for an attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in the penitentiary for not more than five years, shall be imprisoned in the penitentiary not more than five years. If the subsequent offense, which he is convicted of attempting to commit, would be punishable, if perpetrated, by imprisonment in the penitentiary for more than five years, he shall be imprisoned in the penitentiary for a term not in excess of the maximum sentence he could receive upon conviction of the offense attempted.</content> </subsection> </section> <section> <num value="113">§ 113. </num> <heading>Punishment of habitual criminals</heading> <content>Whoever, after having been twice convicted of offenses under the laws of the Canal Zone, or of the United States, or of any other jurisdiction, both of which are felonies in the Canal Zone, commits a felony within the Canal Zone, other than a felony for which the punishment is death or life imprisonment, shall, upon proof of his prior convictions, and of the sentences and committals in connection therewith, be imprisoned in the penitentiary for a term of not less than 10 years, and the maximum thereof shall be the remainder of his natural life.</content> </section> <section> <num value="114">§ 114. </num> <heading>Effect of pardon</heading> <content>If a person, liable to sentence as a habitual criminal pursuant to section 113 of this title, shows to the satisfaction of the court that he was released from imprisonment upon a former sentence upon a pardon granted on the grounds of innocence, that conviction, sentence and committal may not he considered against him.</content> </section> </article> </subchapter> <page identifier="/us/stat/76a/418">418</page> <subchapter> <num class="bold" value="VI">Subchapter VI—</num><heading class="bold">Miscellaneous Provisions</heading> <section> <num value="131">§ 131. </num> <heading>Arrest only for offenses declared in Code; exceptions</heading> <chapeau>A person may not be arrested for nu offense unless the offense is expressly declared in this Code, except for:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>offenses against laws of the United States applicable to the Canal Zone;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>offenses against laws hereafter enacted by the Congress of the United States for the Canal Zone; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>violations of rules and regulations authorized by law to be promulgated and for the violation of which punishment is prescribed by law.</content> </paragraph> </section> <section> <num value="132">§ 132. </num> <heading>Civil liability for offenses; effect of this title</heading> <content>The omission to specify or affirm in this title any liability to damages, penalty, forfeiture, or other remedy imposed by law, and allowed to be recovered or enforced in a civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce it.</content> </section> <section> <num value="133">§ 133. </num> <heading>Forfeiture of property upon conviction</heading> <content>Except in a case in which a forfeiture is expressly imposed by law, a conviction of a person for an offense does not work a forfeiture of property.</content> </section> <section> <num value="134">§ 134. </num> <heading>Forfeiture of public office upon conviction</heading> <content>The omission to specify or affirm in this title a ground of forfeiture of a public office, or other trust or special authority conferred by law, or a power conferred by law to impeach, remove, depose, or suspend a public officer or other person holding a trust, appointment or other special authority conferred by law, does not affect the forfeiture or power, or a proceeding authorized by law to carry into effect his impeachment, removal, deposition, or suspension.</content> </section> <section> <num value="135">§ 135. </num> <heading>Evaluation of property in determining grade of offense</heading> <content>When in this title the character or grade of an offense or its punishment is made to depend upon the value of the property, the value shall be estimated exclusively in lawful money of the United States.</content> </section> <section> <num value="136">§ 136. </num> <heading>Preservation of powers of courts-martial and others</heading> <content>This title does not affect any power which is conferred by law upon a court-martial, military authority or other officer, or upon a public body, tribunal, or officer, to impose or inflict punishment upon offenders.</content> </section> <section> <num value="137">§ 137. </num> <heading>Offenses involving sending of letters</heading> <content>In the various cases in which the sending of a letter is made criminal by this title, the offense is deemed complete from the time when the letter is deposited in a post office or other place, or delivered to a person, with intent that it shall be forwarded or delivered.</content> </section> </subchapter> </chapter> <chapter> <num value="3">CHAPTER 3—</num><heading>ABORTION AND CONTRACEPTION</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>171.</designator> <label>Acts with intent to produce miscarriage.</label></referenceItem> <referenceItem role="section"><designator>172.</designator> <label>Soliciting or submitting to use of abortifacient.</label></referenceItem> <referenceItem role="section"><designator>173.</designator> <label>Advertisements relating to abortion or contraception.</label></referenceItem> <referenceItem role="section"><designator>174.</designator> <label>Corroboration of testimony of woman.</label></referenceItem> </toc> <section> <num value="171">§ 171. </num> <heading>Acts with intent to produce miscarriage</heading> <chapeau>Whoever, with intent thereby to procure the miscarriage of a woman, unless the miscarriage is necessary to preserve the life of the woman:</chapeau> <page identifier="/us/stat/76a/419">419</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>provides, supplies or administers to the woman, or procures her to take, any medicine, drug, or substance; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>uses or employs an instrument or other means—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be imprisoned in the penitentiary not more than five years.</continuation> </section> <section> <num value="172">§ 172. </num> <heading>Soliciting or submitting to use of abortifacient</heading> <chapeau>A woman who, with intent thereby to procure a miscarriage, unless the miscarriage is necessary to preserve her life:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>solicits of a person any medicine, drug, or substance, and takes it; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>submits to an operation, or to the use of any means whatever—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be imprisoned in the penitentiary not more than five years.</continuation> </section> <section> <num value="173">§ 173. </num> <heading>Advertisements relating to abortion or contraception</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>willfully writes, composes or publishes a notice or advertisement of a medicine or means for producing or facilitating a miscarriage or abortion, or for the prevention of conception; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>offers his services by a notice, advertisement or otherwise to assist in the accomplishment of any such purpose—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</continuation> </section> <section> <num value="174">§ 174. </num> <heading>Corroboration of testimony of woman</heading> <content>Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, the defendant may not be convicted upon the testimony of the woman upon or with whom the offense was committed, unless her testimony is corroborated by other evidence.</content> </section> </chapter> <chapter> <num value="5">CHAPTER 5—</num><heading>ADULTERY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>201.</designator> <label>Punishment for adultery.</label></referenceItem> <referenceItem role="section"><designator>202.</designator> <label>Corroboration of testimony of other person.</label></referenceItem> </toc> <section> <num value="201">§ 201. </num> <heading>Punishment for adultery</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>being married, voluntarily has sexual intercourse with a person other than his or her spouse; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>being unmarried, voluntarily has sexual intercourse with a married person—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $200 or imprisoned in jail not more than one year, or both.</continuation> </section> <section> <num value="202">§ 202. </num> <heading>Corroboration of testimony of other person</heading> <content>A conviction pursuant, to section 201 of this title can not be had on the uncorroborated testimony of the person with whom the offense is charged to have been committed.</content> </section> </chapter> <chapter> <num value="7">CHAPTER 7—</num><heading>ANIMALS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>231.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>232.</designator> <label>Cruelty to animals generally; destruction of abandoned animals.</label></referenceItem> <referenceItem role="section"><designator>233.</designator> <label>Poisoning animals.</label></referenceItem> <referenceItem role="section"><designator>234.</designator> <label>Instigating fights between animals.</label></referenceItem> <referenceItem role="section"><designator>235.</designator> <label>Enforcement by humane society agent.</label></referenceItem> <referenceItem role="section"><designator>236.</designator> <label>Killing of person by vicious animal.</label></referenceItem> <referenceItem role="section"><designator>237.</designator> <label>Injury to person by vicious animal.</label></referenceItem> <referenceItem role="section"><designator>238.</designator> <label>Offenses regarding diseased animals generally.</label></referenceItem> <referenceItem role="section"><designator>239.</designator> <label>Sale, use, exposure, or refusal to destroy diseased animal.</label></referenceItem> <referenceItem role="section"><designator>240.</designator> <label>Bringing in animals and violating quarantine.</label></referenceItem> <referenceItem role="section"><designator>241.</designator> <label>Receiving or transporting animal in violation of quarantine.</label></referenceItem> </toc> <page identifier="/us/stat/76a/420">420</page> <section> <num value="231">§ 231. </num> <heading>Definitions</heading> <content> <p class="indent0 firstIndent1 fontsize10">As used in this chapter, unless the context requires a different meaning:</p> <p class="indent0 firstIndent1 fontsize10">“animal” includes every living creature except a human being; and</p> <p class="indent0 firstIndent1 fontsize10">“cruelty” or “torture” includes every act, omission, or neglect, whereby unjustifiable physical pain, suffering, or death is caused or permitted.</p> </content> </section> <section> <num value="232">§ 232. </num> <heading>Cruelty to animals generally; destruction of abandoned animals</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>overdrives, overloads, tortures, cruelly beats or unjustifiably injures, wounds, maims, mutilates, kills, or deprives of necessary food, drink, or shelter, or works when unfit for labor, a wild, tame, or domestic animal, whether belonging to himself or another person; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>being the owner or possessor, or having charge or custody, of a maimed, diseased, disabled, or infirm animal, abandons it or leaves it to die in a street, road, or other place—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A police officer may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for if it appears, in the judgment of two reputable persons called by him to view the animal in his presence, that the animal is injured or diseased beyond recovery for any useful purpose.</content> </subsection> </section> <section> <num value="233">§ 233. </num> <heading>Poisoning animals</heading> <content>Whoever willfully administers a poison to an animal, the property of another, or maliciously exposes a poisonous substance with the intent that it shall be taken or swallowed by the animal, shall be fined not more than $500 or imprisoned in the penitentiary not more than three years, or both.</content> </section> <section> <num value="234">§ 234. </num> <heading>Instigating fights between animals</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>sets on foot, instigates, promotes or carries on a fight between cocks or other birds, or a dog fight, bull fight, or fight between other animals; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>does any act as assistant, umpire or principal in furtherance of a fight between any such animals—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $50 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="235">§ 235. </num> <heading>Enforcement by humane society agent</heading> <content>Any duly appointed agent of a regularly organized humane society in the Canal Zone, may be commissioned by the proper authorities of the Canal Zone as a special police officer for the enforcement of section 232 of this title and of any other law, regulation or order in force in the Canal Zone for the prevention of cruelty to animals, and when so commissioned shall be vested for that purpose with all the authority of a member of the police force.</content> </section> <section> <num value="236">§ 236. </num> <heading>Killing of person by vicious animal</heading> <content>Whoever, being the owner of a ferocious vicious or mischievous animal and knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, or while not kept with ordinary care, kills a human being who has taken all the precautions which the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <page identifier="/us/stat/76a/421">421</page> <section> <num value="237">§ 237. </num> <heading>Injury to person by vicious animal</heading> <content>Whoever, being the owner of a ferocious, vicious or mischievous animal and knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, or while not kept with ordinary care, attacks, bites or maims a human being who has taken all the precautions which the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, shall be fined not more than $500 or imprisoned in jail not more than one year, or both.</content> </section> <section> <num value="238">§ 238. </num> <heading>Offenses regarding diseased animals generally</heading> <chapeau>Whoever, being the owner or having the custody of any cattle, horses, mules or asses infected with a contagious disease:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>fails to report the same immediately to the health authorities;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>conceals or attempts to conceal the existence of the disease;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>willfully obstructs or resists the health authorities in the discharge of their duty as provided by law; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>sells, gives away or uses the meat or milk, or removes the skin or any part of the animal—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $300 or imprisoned in jail not more than one year, or both.</continuation> </section> <section> <num value="239">§ 239. </num> <heading>Sale, use, exposure, or refusal to destroy diseased animal</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>knowingly sells, offers for sale, uses, or exposes, or causes or procures to be sold, offered for sale, used, or exposed, a horse, mule, or other animal having the disease known as glanders, or other infectious or contagious disease; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>being the owner or having charge of such a diseased animal, omits or refuses, upon discovery or knowledge of its condition, to deprive it of its life—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="240">§ 240. </num> <heading>Bringing in animals and violating quarantine</heading> <chapeau>Whoever having brought into the Canal Zone cattle, horses, mules, or asses after the Governor has made proclamation holding such animals in quarantine for the purpose of inspection for infectious or contagious diseases</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>allows any of them to leave the place of their first arrival in the Canal Zone before they have been examined by the health department and a certificate has been obtained therefrom that the animals are free from disease; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>permits any of them to run at large, to be removed, or to escape, before the certificate has been received—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $500.</continuation> </section> <section> <num value="241">§ 241. </num> <heading>Receiving or transporting animal in violation of quarantine</heading> <content>Whoever, after the publication of a proclamation as provided by section 240 of this title, knowingly receives or transports within the limits of the Canal Zone an animal mentioned in that section before the certificate mentioned therein has been given, shall be fined not more than $2,000.</content> </section> </chapter> <page identifier="/us/stat/76a/422">422</page> <chapter> <num value="9">CHAPTER 9—</num><heading>ARRESTS, SEARCHES, AND SEIZURES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>271.</designator> <label>Malicious procurement of warrants.</label></referenceItem> <referenceItem role="section"><designator>272.</designator> <label>Arrest, seizure, levy, or dispossession without authority.</label></referenceItem> <referenceItem role="section"><designator>273.</designator> <label>Refusal by officer to make arrest.</label></referenceItem> <referenceItem role="section"><designator>274.</designator> <label>Refusal to aid in arrest or in preventing offenses.</label></referenceItem> <referenceItem role="section"><designator>275.</designator> <label>Delay in taking arrested person before magistrate.</label></referenceItem> <referenceItem role="section"><designator>276.</designator> <label>Searches without warrant.</label></referenceItem> </toc> <section> <num value="271">§ 271. </num> <heading>Malicious procurement of warrants</heading> <content>Whoever, maliciously and without probable cause, procures a search warrant or warrant of arrest to be issued and executed, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="272">§ 272. </num> <heading>Arrest, seizure, levy, or dispossession without authority</heading> <chapeau>Whoever, being a public officer, and under pretense or color of process or other legal authority:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>arrests a person or detains him against his will;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>seizes or levies upon any property; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>dispossesses a person of any lands or property—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">without a regular process or other lawful authority therefor, shall be punished by a fine of not more than $1,000, or by imprisonment in jail for not more than one year or in the penitentiary for not more than three years, or by both such fine and imprisonment.</continuation> </section> <section> <num value="273">§ 273. </num> <heading>Refusal by officer to make arrest</heading> <content>Whoever, being a marshal, deputy marshal, constable, policeman or other peace officer, willfully refuses to execute a duly issued warrant for the arrest of a person charged with a criminal offense, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than three years, or both.</content> </section> <section> <num value="274">§ 274. </num> <heading>Refusal to aid in arrest or in preventing offenses</heading> <chapeau>Whoever, being a male person over 18 years of age, neglects or refuses to aid and assist in:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>taking or arresting a person against whom any process is issued;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>retaking a person who, after being arrested or confined, may have escaped from the arrest or imprisonment; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>preventing a breach of the peace or the commission of a criminal offense—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">after having been thereto lawfully required by a marshal, policeman, or other officer concerned in the administration of justice, shall be fined not more than $1,000.</continuation> </section> <section> <num value="275">§ 275. </num> <heading>Delay in taking arrested person before magistrate</heading> <content>Whoever, having arrested a person upon a criminal charge, willfully delays to take the person before a magistrate or other officer having jurisdiction to take his examination, shall be fined not more than $100 or imprisoned not more than 30 days, or both.</content> </section> <section> <num value="276">§ 276. </num> <heading>Searches without warrant</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever, being an officer, agent, or employee of the United States or a department or agency thereof, engaged in the enforcement of any provision of this Code or of any law of the United States relating to or applicable to or within the Canal Zone:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>searches a private dwelling, used and occupied as a private dwelling, without a warrant directing the search; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>maliciously and without reasonable cause, searches any other building or property without a search warrant—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall, for a first offense, be fined not more than $1,000; and, for a subsequent offense, be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</continuation> </subsection> <page identifier="/us/stat/76a/423">423</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Subsection (a) of this section does not apply to an officer or person:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>authorized by law to search without a warrant; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>serving a warrant of arrest; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>arresting or attempting to arrest a person committing or attempting to commit an offense in his presence or who has committed or is suspected on reasonable grounds of having committed, a felony; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>making a search at the request or invitation, or with the consent, of the occupant of the premises.</content> </paragraph> </subsection> </section> </chapter> <chapter> <num value="11">CHAPTER 11—</num><heading>ARSON</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>301.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>302.</designator> <label>Arson in the first degree.</label></referenceItem> <referenceItem role="section"><designator>303.</designator> <label>Arson in the second degree.</label></referenceItem> </toc> <section> <num value="301">§ 301. </num> <heading>Definitions</heading> <content> <p class="indent0 firstIndent1 fontsize10">As used in this chapter, unless the context requires a different meaning:</p> <p class="indent0 firstIndent1 fontsize10">“arson” means the willful and malicious burning of a building with intent to destroy it;</p> <p class="indent0 firstIndent1 fontsize10">“building” includes any house, edifice, structure, vehicle, vessel or other erection capable of affording shelter for human beings or appurtenant to or connected with an erection so adapted;</p> <p class="indent0 firstIndent1 fontsize10">“burns” or “burning” means the application of fire so as to take effect upon any part of the substance of the building, and does not necessarily mean that the building set on fire shall have been destroyed;</p> <p class="indent0 firstIndent1 fontsize10">“inhabited building means a building which has usually been occupied by any person lodging therein at night; and</p> <p class="indent0 firstIndent1 fontsize10">“nighttime” means the period between sunset and sunrise.</p> </content> </section> <section> <num value="302">§ 302. </num> <heading>Arson in the first degree</heading> <content>Whoever maliciously burns in the nighttime an inhabited building in which there is at the time a human being, is guilty of arson in the first degree and shall be imprisoned in the penitentiary not less than 10 years.</content> </section> <section> <num value="303">§ 303. </num> <heading>Arson in the second degree</heading> <content>Whoever maliciously burns a building of another with intent to destroy it, under circumstances not amounting to arson in the first degree, is guilty of arson in the second degree, and shall be imprisoned in the penitentiary not more than 10 years.</content> </section> </chapter> <chapter> <num value="13">CHAPTER 13—</num><heading>ASSAULT AND BATTERY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>331.</designator> <label>Definition of assault; punishment.</label></referenceItem> <referenceItem role="section"><designator>332.</designator> <label>Definition of battery; punishment.</label></referenceItem> <referenceItem role="section"><designator>333.</designator> <label>Assault with caustic chemical.</label></referenceItem> <referenceItem role="section"><designator>334.</designator> <label>Assault with deadly weapon.</label></referenceItem> <referenceItem role="section"><designator>335.</designator> <label>Assault with intent to murder.</label></referenceItem> <referenceItem role="section"><designator>336.</designator> <label>Administering poison.</label></referenceItem> <referenceItem role="section"><designator>337.</designator> <label>Assaults with intent to commit certain felonies.</label></referenceItem> <referenceItem role="section"><designator>338.</designator> <label>Assaults with intent to commit other felonies.</label></referenceItem> <referenceItem role="section"><designator>339.</designator> <label>Administering stupefying agent to assist in commission of felony.</label></referenceItem> </toc> <section> <num value="331">§ 331. </num> <heading>Definition of assault; punishment</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Whoever commits an assault shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </subsection> </section> <page identifier="/us/stat/76a/424">424</page> <section> <num value="332">§ 332. </num> <heading>Definition of battery; punishment</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A battery is any willful and unlawful use of force or violence upon the person of another.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Whoever commits a battery shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </subsection> </section> <section> <num value="333">§ 333. </num> <heading>Assault with caustic chemical</heading> <content>Whoever willfully and maliciously places or throws, or causes to be placed or thrown, upon the person of another any vitriol, corrosive acid or caustic chemical of any nature with the intent to injure the flesh or disfigure the body of the person shall be imprisoned in the penitentiary not more than 14 years.</content> </section> <section> <num value="334">§ 334. </num> <heading>Assault with deadly weapon</heading> <content>Whoever commits an assault upon the person of another with a deadly weapon or instrument, or by any means of force likely to produce great bodily injury, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years, or both.</content> </section> <section> <num value="335">§ 335. </num> <heading>Assault with intent to murder</heading> <content>Whoever assaults another with intent to commit murder shall be imprisoned in the penitentiary not more than 20 years.</content> </section> <section> <num value="336">§ 336. </num> <heading>Administering poison</heading> <content>Whoever, with intent to kill, administers or causes or procures to be administered to another, any poison or other noxious or destructive substance or liquid, but by which death is not caused, shall be imprisoned in the penitentiary not more than 20 years.</content> </section> <section> <num value="337">§ 337. </num> <heading>Assaults with intent to commit certain felonies</heading> <content>Whoever assaults another with intent to commit rape, sodomy, mayhem, robbery or grand larceny, shall be imprisoned in the penitentiary not more than 14 years.</content> </section> <section> <num value="338">§ 338. </num> <heading>Assaults with intent to commit other felonies</heading> <content>Whoever assaults another with intent to commit a felony, other than murder and the felonies enumerated in section 337 of this title, shall be fined not more than $500 or imprisoned in the penitentiary not more than one year, or both.</content> </section> <section> <num value="339">§ 339. </num> <heading>Administering stupefying agent to assist in commission of felony</heading> <content>Whoever administers to another any chloroform, ether, laudanum or other narcotic anesthetic or intoxicating agent, with intent thereby to enable or assist himself or any other person to commit a felony, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> </chapter> <chapter> <num value="15">CHAPTER 15—</num><heading>ATTEMPTS TO COMMIT OFFENSES GENERALLY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>371.</designator> <label>Penalties for attempts to commit offenses.</label></referenceItem> <referenceItem role="section"><designator>372.</designator> <label>Prosecution for attempt although offense completed.</label></referenceItem> <referenceItem role="section"><designator>373.</designator> <label>Commission of offense in unsuccessful attempt to commit another.</label></referenceItem> </toc> <section> <num value="371">§ 371. </num> <heading>Penalties for attempts to commit offenses</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever attempts to commit an offense, but fails or is prevented or intercepted in the perpetration thereof, if another provision is not made by law for the punishment of the attempt, is punishable as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the offense so attempted is one for which a maximum sentence is not fixed by law or for which the law provides for maximum sentence of life imprisonment or sentence of death, the <page identifier="/us/stat/76a/425">425</page> person guilty of the attempt shall be imprisoned in the penitentiary not more than 20 years;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if the offense so attempted is punishable by imprisonment in the penitentiary for five years, or more, or by imprisonment in jail, the person guilty of the attempt shall, except as provided in paragraph (1) of this section, be imprisoned in the penitentiary, or in jail, as the case may be, for a term not exceeding one-half the longest term of imprisonment prescribed upon a conviction of the offense so committed;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the offense so attempted is punishable by imprisonment for any term less than five years, the person guilty of the attempt is punishable by imprisonment in jail for not more than one year;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>if the offense so attempted is punishable by a fine, the offender convicted of the attempt is punishable by a fine of not more than one-half the largest fine which may be imposed upon a conviction of the offense so attempted;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>if the offense so attempted is punishable by imprisonment and by a fine, the offender convicted of the attempt may be punished by both imprisonment and fine, not exceeding one-half the longest term of imprisonment and one-half the largest fine which may be imposed upon a conviction for the offense so attempted.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Attempts included in sections 335–339 of this title, are not included in subsection (a) of this section.</content> </subsection> </section> <section> <num value="372">§ 372. </num> <heading>Prosecution for attempt although offense completed</heading> <content>A person may be tried and convicted of an attempt to commit an offense, although it appears at the trial that the offense was actually committed as intended or attempted, unless the court in its discretion dismisses the charges and directs the person to be tried for the offense itself.</content> </section> <section> <num value="373">§ 373. </num> <heading>Commission of offense in unsuccessful attempt to commit another</heading> <content>Notwithstanding sections 371 and 372 of this title, whoever, attempting unsuccessfully to commit an offense, accomplishes the commission of another and different offense, whether greater or lesser in guilt, shall be punished as prescribed by law for the offense committed.</content> </section> </chapter> <chapter> <num value="17">CHAPTER 17—</num><heading>ATTORNEYS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>401.</designator> <label>Misconduct of attorneys generally.</label></referenceItem> <referenceItem role="section"><designator>402.</designator> <label>Buying claim.</label></referenceItem> <referenceItem role="section"><designator>403.</designator> <label>Practice of law by unauthorized person.</label></referenceItem> </toc> <section> <num value="401">§ 401. </num> <heading>Misconduct of attorneys generally</heading> <chapeau>Whoever, being an attorney or counselor, and while acting either as attorney or as counselor—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>is guilty of a deceit or collusion, or consents to a deceit or collusion, with intent to deceive the court or any party;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>willfully delays his client’s suit with a view to his own gain; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>willfully receives any money or allowance for or on account of money which he has not laid out or become answerable for—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</continuation> </section> <section> <num value="402">§ 402. </num> <heading>Buying claim</heading> <content>Whoever, being an attorney, either directly or indirectly buys or is interested in buying any evidence of debt or thing in action, with intent to bring suit thereon, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <page identifier="/us/stat/76a/426">426</page> <section> <num value="403">§ 403. </num> <heading>Practice of law by unauthorized person</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whoever, not being a member of the bar in good standing, practices law, or advertises or represents himself as practicing or entitled to practice law, in any court of the Canal Zone, other than for himself, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Subsection (a) of this section does not apply to nonresident attorneys who are specially admitted to participate in particular cases.</content> </subsection> </section> </chapter> <chapter> <num value="19">CHAPTER 19—</num><heading>BIGAMY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>431.</designator> <label>Bigamy defined and punished; proof.</label></referenceItem> <referenceItem role="section"><designator>432.</designator> <label>Exceptions.</label></referenceItem> <referenceItem role="section"><designator>433.</designator> <label>Marrying spouse of another.</label></referenceItem> </toc> <section> <num value="431">§ 431. </num> <heading>Bigamy defined and punished; proof</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whoever, having a husband or wife living, marries another person, commits bigamy, and shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Upon a trial for bigamy it is not necessary to prove either of the marriages by the register, certificate or other record evidence thereof, but either may be proved by such evidence as is admissible to prove a marriage; nor when and where the second marriage took place, proof of the fact, accompanied with proof of cohabitation thereafter in the Canal Zone, being sufficient to sustain the charge.</content> </subsection> </section> <section> <num value="432">§ 432. </num> <heading>Exceptions</heading> <chapeau>Section 431 of this title does not extend to:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a person by reason of a former marriage whose husband or wife by the former marriage has been absent for five successive years without being known to that person within that time to be living; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a person by reason of a former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court.</content> </paragraph> </section> <section> <num value="433">§ 433. </num> <heading>Marrying spouse of another</heading> <content>Whoever knowingly and willfully marries the husband or wife of another person, in a case in which the husband or wife would be punishable under the provisions of this chapter, shall be fined not more than $3,000 or imprisoned in the penitentiary not more than three years, or both.</content> </section> </chapter> <chapter> <num value="21">CHAPTER 21—</num><heading>BRIBERY AND GRAFT</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>461.</designator> <label>Offer to procure appointive public office.</label></referenceItem> <referenceItem role="section"><designator>462.</designator> <label>Acceptance or solicitation to obtain appointive public office.</label></referenceItem> <referenceItem role="section"><designator>463.</designator> <label>Giving or offering bribe to judicial officer, juror, etc.</label></referenceItem> <referenceItem role="section"><designator>464.</designator> <label>Solicitation or acceptance of bribe by judicial officer, juror, etc.</label></referenceItem> <referenceItem role="section"><designator>465.</designator> <label>Solicitation or acceptance of reward, etc., by judicial officer.</label></referenceItem> <referenceItem role="section"><designator>466.</designator> <label>Solicitation or acceptance, by judicial officer, of fees of stenographer or reporter.</label></referenceItem> <referenceItem role="section"><designator>467.</designator> <label>Stenographer or reporter offering or paying fees for appointment.</label></referenceItem> <referenceItem role="section"><designator>468.</designator> <label>Offering or giving bribe to witness.</label></referenceItem> <referenceItem role="section"><designator>469.</designator> <label>Solicitation or acceptance of bribe by witness.</label></referenceItem> </toc> <section> <num value="461">§ 461. </num> <heading>Offer to procure appointive public office</heading> <content> <p class="indent0 firstIndent1 fontsize10">Section 214 of Title 18, United States Code, applies in the Canal Zone; and, for the purposes of this section, the term “United States”, as used in section 214 of Title 18, United States Code, includes the Canal Zone Government, the Panama Canal Company, and any other agency or instrumentality of the United States operating in the Canal Zone.</p> <page identifier="/us/stat/76a/427">427</page> <p class="indent0 firstIndent1 fontsize10">The district court has jurisdiction of offenses under section 214 of Title 18, United States Code, and, in imposing ally sentence of imprisonment under that section, shall provide, as part of the sentence, that the term of imprisonment be served in jail.</p> </content> </section> <section> <num value="462">§ 462. </num> <heading>Acceptance or solicitation to obtain appointive public office</heading> <content> <p class="indent0 firstIndent1 fontsize10">Section 215 of Title 18, United States Code, applies in the Canal Zone; and, for the purposes of this section, the terms “United States” and “agency” as used in section 215 of Title 18, United States Code, includes the Canal Zone Government, the Panama Canal Company, and any other agency or instrumentality of the United States operating in the Canal Zone.</p> <p class="indent0 firstIndent1 fontsize10">In imposing any sentence of imprisonment under section 215 of Title 18, United States Code, the district court shall provide, as part of the sentence, that the term of imprisonment be served in jail.</p> </content> </section> <section> <num value="463">§ 463. </num> <heading>Giving or offering bribe to judicial officer, juror, etc.</heading> <content>Whoever gives or offers to give a bribe to a judicial officer, juror, master referee, arbitrator, or umpire, or to a person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is brought before him for a decision, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years, or both.</content> </section> <section> <num value="464">§ 464. </num> <heading>Solicitation or acceptance of bribe by judicial officer, juror, etc.</heading> <content>Whoever, being a judicial officer, juror, master, referee, arbitrator or umpire, or person authorized by law to hear or determine a question or controversy, asks for, receives or agrees to receive, a bribe upon an agreement or understanding that his vote, opinion or decision upon a matter or question which is or may be brought before him for decision shall be influenced thereby, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years, or both.</content> </section> <section> <num value="465">§ 465. </num> <heading>Solicitation or acceptance of reward, etc., by judicial officer</heading> <content>Whoever, being a judicial officer, asks for or receives any emolument, gratuity or reward, or promise thereof, except such as may be authorized by law, for doing an official act, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="466">§ 466. </num> <heading>Solicitation or acceptance, by judicial officer, of fees of stenographer or reporter</heading> <content>Whoever, being a judicial officer, asks for or receives the whole or a part of the fees allowed by law to a stenographer or reporter appointed by him or any other person to record the proceedings of a court or investigation held by him shall be fined not more than $100 or imprisoned in jail not more than 30 days or both; and shall forfeit his office, and shall be forever disqualified from holding any office under the United States.</content> </section> <section> <num value="467">§ 467. </num> <heading>Stenographer or reporter offering or paying fees for appointment</heading> <content>Whoever, being a stenographer or reporter appointed by a judicial officer, pays or offers to pay the whole or a part of the fees allowed him by law, for his appointment or retention in office, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both; and shall forfeit his office, and shall be forever disqualified from holding any office under the United States.</content> </section> <page identifier="/us/stat/76a/428">428</page> <section> <num value="468">§ 468. </num> <heading>Offering or giving bribe to witness</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>gives, offers, or promises to give, to a witness or person about to be called as a witness, a bribe, upon an understanding or agreement that the testimony of the witness shall be thereby influenced; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>attempts by any other means fraudulently to induce a person to give false or withhold true testimony—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</continuation> </section> <section> <num value="469">§ 469. </num> <heading>Solicitation or acceptance of bribe by witness</heading> <chapeau>Whoever, being a witness, or being about to become a witness, receives or offers to receive a bribe, upon an understanding or agreement that:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>his testimony shall be influenced thereby; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>he will absent himself from the trial, proceeding, hearing, or inquiry upon which his testimony is required—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</continuation> </section> </chapter> <chapter> <num value="23">CHAPTER 23—</num><heading>BURGLARY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>501.</designator> <label>Definition of nighttime.</label></referenceItem> <referenceItem role="section"><designator>502.</designator> <label>Burglary generally.</label></referenceItem> <referenceItem role="section"><designator>503.</designator> <label>Burglary in the first degree.</label></referenceItem> <referenceItem role="section"><designator>504.</designator> <label>Burglary in the second degree.</label></referenceItem> <referenceItem role="section"><designator>505.</designator> <label>Burglary with explosives.</label></referenceItem> <referenceItem role="section"><designator>506.</designator> <label>Unlawful entry.</label></referenceItem> <referenceItem role="section"><designator>507.</designator> <label>Possessing or making burglarious or other instruments.</label></referenceItem> </toc> <section> <num value="501">§ 501. </num> <heading>Definition of nighttime</heading> <content>As used in this chapter, “nighttime” means the period between sunset and sunrise.</content> </section> <section> <num value="502">§ 502. </num> <heading>Burglary generally</heading> <content>Whoever, with intent to commit grand or petit larceny, or a felony, enters a house, room, apartment, tenement, shop, warehouse, store, barn, stable, outhouse, or other building, tent, vessel, railroad car, aircraft, or vehicle when the doors of the vehicle are locked, is guilty of burglary.</content> </section> <section> <num value="503">§ 503. </num> <chapeau>Burglary in the first degree</chapeau> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>commits a burglary in the nighttime; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>whether in the daytime or nighttime:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>commits a burglary while armed with a dangerous weapon; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>while committing a burglary, arms himself with a dangerous weapon or assaults a person—</content> </subparagraph> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">is guilty of burglary in the first degree, and shall be imprisoned in the penitentiary not more than 15 years.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Subsection (a) of this section does not apply to burglary with explosives as defined by section 505 of this title.</content> </subsection> </section> <section> <num value="504">§ 504. </num> <heading>Burglary in the second degree</heading> <content>Whoever commits a burglary in the daytime in circumstances not amounting to burglary in the first degree or to burglary with explosives, is guilty of burglary in the second degree, and shall be imprisoned in the penitentiary not more than five years.</content> </section> <page identifier="/us/stat/76a/429">429</page> <section> <num value="505">§ 505. </num> <heading>Burglary with explosives</heading> <content>Whoever, with intent to commit an offense, enters, whether in the daytime or nighttime, an inhabited or uninhabited house or building, or any part thereof, and opens or attempts to open a vault, safe, or other secure place by the use of acetylene torch or electric arc, or nitroglycerine, dynamite, gunpowder, or any other explosive, is guilty of burglary with explosives, and shall be imprisoned in the penitentiary not more than 25 years.</content> </section> <section> <num value="506">§ 506. </num> <heading>Unlawful entry</heading> <content>Whoever, in circumstances or in a manner not amounting to a burglary, enters a house or building, or a part thereof, with intent to commit an offense, shall be imprisoned in jail not more than one year.</content> </section> <section> <num value="507">§ 507. </num> <heading>Possessing or making burglarious or other instruments</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>has upon him or in his possession a picklock, crow key, bit or other instrument or tool with intent feloniously to break or enter into any building;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>knowingly makes or alters a key or other instrument above named, so that the same will fit or open the lock of a building, without being requested so to do by a person having the right to open the same; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>makes, alters or repairs any instrument or thing, knowing or having reason to believe that it is intended to be used in committing an offense—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Any structure referred to by section 502 of this title is a building within the meaning of subsection (a) of this section.</content> </subsection> </section> </chapter> <chapter> <num value="25">CHAPTER 25—</num><heading>CHILDREN</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>541.</designator> <label>Abuse or abandonment or child.</label></referenceItem> <referenceItem role="section"><designator>542.</designator> <label>Permitting children to beg or engage in wandering business.</label></referenceItem> <referenceItem role="section"><designator>543.</designator> <label>Carnal abuse of children.</label></referenceItem> </toc> <section> <num value="541">§ 541. </num> <heading>Abuse or abandonment of child</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>tortures, cruelly beats, abuses, willfully maltreats or unnecessarily deprives of liberty a child under the age of 18 years; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>having custody or possession of a child under the age of 14 years, exposes it in any place with intent to abandon it—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="542">§ 542. </num> <heading>Permitting children to beg or engage in wandering business</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>being a parent, relative, guardian, employer or otherwise and having in his care, custody or control a child under the age of 12 years, sells, apprentices, gives away, lets out, or otherwise disposes of the child to a person, under any name, title or pretense, for the vocation, use, occupation, calling or service of begging or peddling in a public street or highway, or in any mendicant or wandering business whatsoever; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>takes, receives, hires, employs, uses, or has in custody a child for any of such purposes—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <page identifier="/us/stat/76a/430">430</page> <section> <num value="543">§ 543. </num> <heading>Carnal abuse of children</heading> <content>Whoever willfully commits a lewd or lascivious act including any of the acts constituting other offenses for which punishment is provided for in this title upon or with the body, or any part or member thereof, of a child under the age of 13 years, with the intent or arousing appealing to, or gratifying, the lust, passions, or sexual desires of himself or the child, shall be imprisoned in the penitentiary not more than 10 years.</content> </section> </chapter> <chapter> <num value="27">CHAPTER 27—</num><heading>CIVIL RIGHTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>571.</designator> <label>Refusal of innkeepers and carriers to receive guests and passengers.</label></referenceItem> </toc> <section> <num value="571">§ 571. </num> <heading>Refusal of innkeepers and carriers to receive guests and passengers</heading> <content>Whoever, in carrying on business as an innkeeper or as a common carrier, or, in acting as an agent or officer of a corporation carrying on such a business, refuses, without just cause or excuse, to receive and entertain any guest, or to receive and carry any passenger, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </chapter> <chapter> <num value="29">CHAPTER 29—</num><heading>COMPOUNDING CRIME</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>601.</designator> <label>Punishment for compounding crime.</label></referenceItem> </toc> <section> <num value="601">§ 601. </num> <heading>Punishment for compounding crime</heading> <chapeau>Whoever, having knowledge of the commission of a crime, takes money or property of another person, or a gratuity or reward, or an engagement or promise therefor, upon an agreement or understanding, express or implied, to compound or conceal the crime or to abstain from a prosecution thereof, or to withhold any evidence thereof, except in a case where, as provided by law, a crime may be compromised by leave of court, shall:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the agreement or understanding relates to a crime punishable by death, be imprisoned in the penitentiary not more than five years;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if the agreement or understanding relates to any other felony, be imprisoned in the penitentiary not more than three years; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the agreement or understanding relates to a misdemeanor, be fine not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </paragraph> </section> </chapter> <chapter> <num value="31">CHAPTER 31—</num><heading>CONSPIRACY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>631.</designator> <label>Acts constituting conspiracy; punishment.</label></referenceItem> <referenceItem role="section"><designator>632.</designator> <label>Necessity for overt act; exceptions; pleading and proof.</label></referenceItem> </toc> <section> <num value="631">§ 631. </num> <heading>Acts constituting conspiracy; punishment</heading> <chapeau>If two or more persons conspire:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to commit a crime;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>falsely and maliciously to present another for a crime, or to procure another to be charged or arrested for a crime;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>falsely to move or maintain a suit, action, or proceeding;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>to cheat and defraud a person of property by means which are in themselves criminal, or to obtain money or property by false pretenses; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>to commit an act injurious to the public health, the public morals, or to pervert or obstruct justice or due administration of the laws—</content> </paragraph> <continuation> <p class="indent0 firstIndent0 fontsize10">each of them shall, except as otherwise provided in this section, be punished by a fine of not more than $5,000, or by imprisonment in jail for not more than one year or in the penitentiary for not more than three years, or by both such fine and imprisonment.</p> <page identifier="/us/stat/76a/431">431</page> <p class="indent0 firstIndent1 fontsize10">If the conspiracy is to commit a felony for which the maximum penalty of imprisonment in the penitentiary is greater than three years, each conspirator shall be punished in the same manner and to the same extent as is provided for punishment of the felony. If the felony is one for which different punishments are prescribed for different degrees, the jury or court shall determine the degree of the felony which the defendants conspired to commit. If the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree. If the conspiracy is to commit two or more felonies which have different punishments, the punishment for the conspiracy shall be that prescribed for the felony which has the greater maximum term.</p> </continuation> </section> <section> <num value="632">§ 632. </num> <heading>Necessity for overt act; exceptions; pleading and proof</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>An agreement, except to commit a felony upon the person of another or to commit arson or burglary, does not amount to conspiracy unless an act beside the agreement is done to effect the object thereof by one or more of the parties to the agreement.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Upon a trial for conspiracy, where an overt act is necessary to constitute the offense, the defendant may not be convicted unless one or more overt acts are expressly alleged in the information, nor unless one of the acts alleged is proved; but other overt acts not alleged, but connected with the offense charged, may be given in evidence.</content> </subsection> </section> </chapter> <chapter> <num value="33">CHAPTER 33—</num><heading>CONTEMPTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>661.</designator> <label>Power of courts to punish for contempt</label></referenceItem> <referenceItem role="section"><designator>662.</designator> <label>Contempts constituting crimes; limitations.</label></referenceItem> <referenceItem role="section"><designator>663.</designator> <label>Jury trial of contempts charged under section 882.</label></referenceItem> </toc> <section> <num value="661">§ 661. </num> <heading>Power of courts to punish for contempt</heading> <chapeau>Each court may punish, by fine or imprisonment in jail or in the penitentiary, at its discretion, such contempt of its authority as:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>misbehavior of a person in its presence or so near thereto as to obstruct the administration of justice;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>misbehavior of any of its officers in their official transactions; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>disobedience or resistance to its lawful writ, process, order, rule, decree, or command.</content> </paragraph> </section> <section> <num value="662">§ 662. </num> <heading>Contempts constituting crimes; limitations</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whoever willfully disobeys a lawful writ, process, order, rule, decree, or command of a court of the Canal Zone by doing an act therein, or thereby forbidden, if the act or thing done be of such character as to constitute also a criminal offense under a statute of the United States, or under this Code, shall be punished by fine or imprisonment in jail, or both.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A fine imposed pursuant to subsection (a) of this section shall be paid into court and disposed of in the same manner as other fines are disposed of, or shall be paid to the complainant or other party injured by the act constituting the contempt, or may, where more than one is damaged, be divided or apportioned among them, as the court directs.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>If the accused is a natural person, and if the fine imposed upon him by the district court is not to be paid to the complainant or other party injured by the act constituting the contempt, the fine may not exceed the sum of $1,000; and the imprisonment imposed by the district court under this section may not exceed the term of 180 days.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>A magistrate’s court may not impose a fine in excess of $100, or impose a term of imprisonment in excess of 30 days in any case under subsections (a) and (b) of this section.</content> </subsection> <page identifier="/us/stat/76a/432">432</page> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>Subsections (a), (b) and (c) of this section do not apply to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in disobedience of a lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States or the Government of the Canal Zone, but the same, and all other cases of contempt not specifically embraced by this section may be punished in conformity with the prevailing usages at law.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>A proceeding for contempt within this section may not be instituted against a person, corporation or association unless it is begun within one year from the date of the act complained of; nor is such a proceeding a bar to a criminal prosecution for the same act.</content> </subsection> </section> <section> <num value="663">§ 663. </num> <heading>Jury trial of contempts charged under section 662</heading> <content>Whenever a contempt is charged under section 662 of this title, and the criminal offense referred to by subsection (a) of that section is one in the trial of which the accused would be entitled by existing law to a trial by jury, and the contempt is prosecuted in the district court, the accused, upon demand therefor, is entitled to trial by jury, which shall conform as near as may be with the practice in other criminal cases.</content> </section> </chapter> <chapter> <num value="35">CHAPTER 35—</num><heading>CONTRACTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>691.</designator> <label>Interested persons acting as Government agents.</label></referenceItem> </toc> <section> <num value="691">§ 691. </num> <heading>Interested persons acting as Government agents</heading> <content>Whoever, being an officer, agent or member of, or directly or indirectly interested in the pecuniary profits or contracts of, a corporation, joint stock company, association, firm or partnership, or other business entity, is employed or acts as an officer or agent of the United States, or an agency or instrumentality thereof, for the transaction of business with such business entity, shall be fined not more than $2,000 or imprisoned in the penitentiary not more than two years, or both.</content> </section> </chapter> <chapter> <num value="37">CHAPTER 37—</num><heading>CONVICTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>721.</designator> <label>Importation of foreign convicts.</label></referenceItem> </toc> <section> <num value="721">§ 721. </num> <heading>Importation of foreign convicts</heading> <chapeau>Whoever, being a captain or master of a vessel, or other person, willfully imports, brings, or sends into the Canal Zone, a person who is:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a foreign convict of a crime which, if committed within the Canal Zone, would be a felony; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>sent to him from a prison or place of confinement in any place out of the Canal Zone—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both; and every person so landing shall be punished in like manner.</continuation> </section> </chapter> <chapter> <num value="39">CHAPTER 39—</num><heading>CORPORATIONS AND ASSOCIATIONS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>751.</designator> <label>Definition.</label></referenceItem> <referenceItem role="section"><designator>752.</designator> <label>Fictitious or fraudulent subscriptions.</label></referenceItem> <referenceItem role="section"><designator>753.</designator> <label>Exhibiting false records to public officer or examining board.</label></referenceItem> <referenceItem role="section"><designator>754.</designator> <label>Unauthorized use of name in prospectus or advertisement.</label></referenceItem> <referenceItem role="section"><designator>755.</designator> <label>Issuance of unauthorized shares.</label></referenceItem> <referenceItem role="section"><designator>756.</designator> <label>Fraudulent dividend or distribution of assets.</label></referenceItem> <referenceItem role="section"><designator>757.</designator> <label>Acceptance of deposits when bank insolvent.</label></referenceItem> <referenceItem role="section"><designator>758.</designator> <label>Frauds in books, papers or securities.</label></referenceItem> <referenceItem role="section"><designator>759.</designator> <label>False reports or statements; refusal to keep books or post notices.</label></referenceItem> <referenceItem role="section"><designator>760.</designator> <label>Refusal to permit inspection of books by stockholders.</label></referenceItem> <referenceItem role="section"><designator>761.</designator> <label>Presumption of director’s knowledge as to illegality of act.</label></referenceItem> <referenceItem role="section"><designator>762.</designator> <label>Status as foreign corporation as a defense.</label></referenceItem> </toc> <page identifier="/us/stat/76a/433">433</page> <section> <num value="751">§ 751. </num> <heading>Definition</heading> <content>As used in this chapter, “director” embraces any of the persons having by law the direction or management of the affairs of a corporation, by whatever name they are described in its charter or bylaws.</content> </section> <section> <num value="752">§ 752. </num> <heading>Fictitious or fraudulent subscriptions</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>signs the name of a fictitious person to a subscription for, or agreement to take, stock in a corporation existing or proposed; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>signs to a subscription or agreement the name of a person, knowing that that person has not means or does not intend in good faith to comply with all the terms thereof, or under an understanding or agreement that the terms of the subscription or agreement are not to be complied with or enforced—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="753">§ 753. </num> <heading>Exhibiting false records to public officer or examining board</heading> <chapeau>Whoever, being an officer, agent or clerk of:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a corporation; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>any persons proposing to organize a corporation or to increase the capital stock of a corporation—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">knowingly exhibits a false, forged or altered book, paper, voucher, security or other instrument of evidence to a public officer or board authorized by law to examine the organization of the corporation, to investigate its affairs or to allow an increase of its capital, with intent to deceive the officer or board with respect thereto, shall be imprisoned in the penitentiary not more than 10 years.</continuation> </section> <section> <num value="754">§ 754. </num> <heading>Unauthorized use of name in prospectus or advertisement</heading> <content>Whoever, without being authorized so to do, subscribes the name of another person to, or inserts the name of another person in, a prospectus, circular or other advertisement or announcement of a corporation or joint stock association existing or intended to be formed, with intent to permit the document to be published and thereby to lead persons to believe that the person whose name is so subscribed is an officer, agent, member or promoter of the corporation or association, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="755">§ 755. </num> <heading>Issuance of unauthorized shares</heading> <content>Whoever, being a director of a stock corporation, knowingly concurs in a vote or act of the directors of the corporation to issue shares of stock beyond the amount authorized by its articles, shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</content> </section> <section> <num value="756">§ 756. </num> <heading>Fraudulent dividend or distribution of assets</heading> <content>Whoever, being a director of a stock corporation, concurs in a vote or act of the directors of the corporation or any of them, knowingly and with dishonest or fraudulent purpose, to make any dividend or distribution of assets, except in the cases and in the manner allowed by law, either with the design of defrauding creditors or shareholders or of giving a false appearance to the value of the stock and thereby defrauding subscribers or purchasers, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <page identifier="/us/stat/76a/434">434</page> <section> <num value="757">§ 757. </num> <heading>Acceptance of deposits when bank insolvent</heading> <content>Whoever, being an officer, agent, or employee of a bank, or an individual banker or agent or employee thereof, receives a deposit, knowing that the bank, association, or banker is insolvent, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="758">§ 758. </num> <heading>Frauds in books, papers or securities</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>being a director, officer, or agent of a corporation or joint stock association, knowingly receives or possesses himself of any property of the corporation or association otherwise than in payment of a just demand, and, with intent to defraud, omits to make, or to cause or direct to be made, a full and true entry thereof in the books or accounts of the corporation or association; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>being a director, officer, agent, or shareholder of a corporation or joint stock association, with intent to defraud:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>destroys, alters, mutilates or falsifies any of the books, papers, writings or securities belonging to the corporation or association; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>makes, or concurs in making, false entries, or omits, or concurs in omitting, to make a material entry, in a book of accounts or other record or document kept by the corporation or association—</content> </subparagraph> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $500 or imprisoned in the penitentiary not more than 10 years, or both.</continuation> </section> <section> <num value="759">§ 759. </num> <heading>False reports or statements; refusal to keep books or post notices</heading> <content>Whoever, being a director, officer or agent of a corporation or joint stock association, knowingly concurs in making, publishing or posting a written report, exhibit or statement of its affairs or pecuniary condition, or book or notice containing a material statement which is false, or refuses to make an entry in a book or post a notice required by law, other than such as are mentioned in this chapter, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="760">§ 760. </num> <heading>Refusal to permit inspection of books by stockholders</heading> <content>Whoever, being an officer or agent of a corporation and having or keeping an office within the Canal Zone, has in his custody or control a book, paper or document of the corporation, and refuses, upon lawful demand, during office hours, of a stockholder or member of the corporation to inspect or take a copy of the book, paper or document, to give him a reasonable opportunity to do so, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="761">§ 761. </num> <heading>Presumption of director’s knowledge as to illegality of act</heading> <content>Every director of a corporation or joint stock association is deemed to possess such a knowledge of the affairs of the corporation as to enable him to determine whether an act, proceeding or omission of the directors is a violation of this chapter.</content> </section> <section> <num value="762">§ 762. </num> <heading>Status as foreign corporation as a defense</heading> <content>It is not a defense to a prosecution for a violation of this chapter that the corporation was one created by the laws of a State, government or country, if it was one carrying on business or keeping an office therefor within the Canal Zone.</content> </section> </chapter> <page identifier="/us/stat/76a/435">435</page> <chapter> <num value="41">CHAPTER 41—</num><heading>DISORDERLY CONDUCT</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>791.</designator> <label>Drawing or exhibiting deadly weapon.</label></referenceItem> <referenceItem role="section"><designator>792.</designator> <label>Disturbing the peace; fighting.</label></referenceItem> <referenceItem role="section"><designator>793.</designator> <label>Disturbing religious or other meetings.</label></referenceItem> <referenceItem role="section"><designator>794.</designator> <label>Forcibly entering upon or detaining real property.</label></referenceItem> <referenceItem role="section"><designator>795.</designator> <label>Registration of guests in hotel, boardinghouse, or lodginghouse; penalties.</label></referenceItem> </toc> <section> <num value="791">§ 791. </num> <heading>Drawing or exhibiting deadly weapon</heading> <content>Whoever, not in necessary self-defense, in the presence of another person, draws or exhibits a deadly weapon in a rude, angry, or threatening manner, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="792">§ 792. </num> <heading>Disturbing the peace; fighting</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>maliciously and willfully disturbs the peace or quiet of a neighborhood or person by:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>loud or unusual noise;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>tumultuous or offensive conduct; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>threatening, traducing, quarreling, challenging to fight, or fighting;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">or</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>upon the public streets or highways, fires a gun or pistol, or, in a loud and boisterous manner, uses vulgar, profane, or indecent language within the presence or hearing of other persons—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="793">§ 793. </num> <heading>Disturbing religious or other meetings</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>willfully disturbs or disquiets an assemblage of people met for religious worship or other purpose not unlawful in character, by profane discourse, rude or indecent behavior, or by unnecessary noise, either within the place where the meeting is held or so near as to disturb the order and solemnity of the meeting; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>without authority of law, willfully disturbs or breaks up an assembly or meeting not unlawful in its character—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="794">§ 794. </num> <heading>Forcibly entering upon or detaining real property</heading> <content>Whoever uses, procures, encourages, or assists another person to use force or violence in entering upon or detaining lands or other real property, public or private, except in the cases and in the manner allowed by law, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="795">§ 795. </num> <chapeau>Registration of guests in hotel, boardinghouse, or lodginghouse; penalties</chapeau> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The proprietor or manager of a hotel, boardinghouse, or lodginghouse shall keep a register of all guests, which shall clearly show the name, nationality and date of arrival of each guest, the place from whence he came, and the date of his departure and destination.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>being the proprietor or manager of a hotel, boardinghouse, or lodginghouse, fails to keep the register required by subsection (a) of this section; or</content> </paragraph> <page identifier="/us/stat/76a/436">436</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>being a guest of a hotel, boardinghouse, or lodginghouse, fails or refuses to give true information for entry in the register—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </subsection> </section> </chapter> <chapter> <num value="43">CHAPTER 43—</num><heading>DUELS AND CHALLENGES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>821.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>822.</designator> <label>Fighting duel or sending or accepting challenge.</label></referenceItem> <referenceItem role="section"><designator>823.</designator> <label>Posting another for not fighting duel.</label></referenceItem> <referenceItem role="section"><designator>824.</designator> <label>Failure of officers to prevent duels.</label></referenceItem> <referenceItem role="section"><designator>825.</designator> <label>Leaving Canal Zone with intent to evade laws against dueling.</label></referenceItem> <referenceItem role="section"><designator>826.</designator> <label>Duty of witnesses to testify; exemption from prosecution.</label></referenceItem> </toc> <section> <num value="821">§ 821. </num> <heading>Definitions</heading> <content> <p class="indent0 firstIndent1 fontsize10">As used in this chapter:</p> <p class="indent0 firstIndent1 fontsize10">“challenge” means a word, spoken or written, expressing or implying, or intended to express or imply, a desire, request, invitation, or demand, to fight a duel, or to meet for the purpose of fighting a duel; and</p> <p class="indent0 firstIndent1 fontsize10">“duel” means a combat with deadly weapons, fought between two or more persons by previous agreement or upon a previous quarrel.</p> </content> </section> <section> <num value="822">§ 822. </num> <heading>Fighting duel or sending or accepting challenge</heading> <content>Whoever fights a duel, or sends or accepts a challenge to fight a duel, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="823">§ 823. </num> <heading>Posting another for not fighting duel</heading> <content>Whoever posts or publishes another person for not fighting a duel or for not sending or accepting a challenge to fight a duel, or uses reproachful or contemptuous language, verbal, written or printed, to or concerning another person, for not sending or accepting a challenge to fight a duel, or with intent to provoke a duel, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="824">§ 824. </num> <heading>Failure of officers to prevent duels</heading> <content>Whoever, being a judge or other officer bound to preserve the public peace, has knowledge of the intention on the part of a person to fight a duel, and does not exert his official authority to arrest him and prevent the duel, shall be fined not more than $1,000.</content> </section> <section> <num value="825">§ 825. </num> <heading>Leaving Canal Zone with intent to evade laws against dueling</heading> <content>Whoever leaves the Canal Zone with intent to evade any of the provisions of this chapter, and to commit an act beyond the jurisdiction of the courts which is prohibited by this chapter, and does an act, although out of the Canal Zone, which would be punishable by the provisions of this chapter if committed within the Canal Zone, is punishable in the same manner as he would have been if the act had been committed within the Canal Zone.</content> </section> <section> <num value="826">§ 826. </num> <heading>Duty of witnesses to testify; exemption from prosecution</heading> <content>A person may not be excused from testifying or answering a question upon an investigation or trial for a violation of any of the provisions of this chapter, upon the ground that his testimony might tend to convict him of a crime. But evidence given upon an examination of a person so testifying may not be received against him in any criminal prosecution or proceeding, except in a criminal prosecution for perjury committed when so testifying.</content> </section> </chapter> <page identifier="/us/stat/76a/437">437</page> <chapter> <num value="47">CHAPTER 45—</num><heading>ESCAPE AND RESCUE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>851.</designator> <label>Prisoners in custody of institution or officer.</label></referenceItem> <referenceItem role="section"><designator>852.</designator> <label>Permitting prisoners to escape.</label></referenceItem> <referenceItem role="section"><designator>853.</designator> <label>Assisting prisoners, or persons whose paroles have been revoked, to escape.</label></referenceItem> <referenceItem role="section"><designator>854.</designator> <label>Carrying into place of confinement or detention things useful in escape.</label></referenceItem> <referenceItem role="section"><designator>855.</designator> <label>Assisting escape of person legally confined in hospital.</label></referenceItem> <referenceItem role="section"><designator>856.</designator> <label>Rescuing prisoners.</label></referenceItem> </toc> <section> <num value="851">§ 851. </num> <heading>Prisoners in custody of institution or officer</heading> <chapeau>Whoever escapes or attempts to escape from an institution in which he is confined or detained pursuant to lawful process, order, or judgment, or from custody under or by virtue of process issued under the laws of the United Stales or the Canal Zone by a court, judge, or magistrate, or from the custody of an officer or employee of the United States or the Canal Zone pursuant to lawful arrest, shall:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the confinement, detention, or custody is by virtue of an arrest on a charge of felony, or conviction of an offense, be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if the confinement, detention, or custody is for extradition or by virtue of an arrest or charge of, or for, a misdemeanor, and prior to conviction, be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</content> </paragraph> </section> <section> <num value="852">§ 852. </num> <heading>Permitting prisoners to escape</heading> <content>Whoever, being a keeper of a jail, prison, penitentiary, or other place of detention, assistant jailer, or person employed as a guard or otherwise, fraudulently contrives, procures, aids, connives at or voluntarily permits the escape of a prisoner in custody, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years, or both.</content> </section> <section> <num value="853">§ 853. </num> <heading>Assisting prisoners, or persons whose paroles have been revoked, to escape</heading> <chapeau>Whoever willfully:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>assists a prisoner confined in a jail, prison, penitentiary, or other place of detention, or in the lawful custody of an officer or person, to escape, or in an attempt to escape, from the place of confinement or custody; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>assists a paroled prisoner whose parole has been revoked to escape, or in an attempt to escape—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years, or both.</continuation> </section> <section> <num value="854">§ 854. </num> <heading>Carrying into place of confinement or detention things useful in escape</heading> <content>Whoever carries or sends into a jail, prison, penitentiary, or other place of detention, any thing useful to aid a prisoner in making his escape, with intent thereby to facilitate the escape of a prisoner confined therein, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years, or both.</content> </section> <section> <num value="855">§ 855. </num> <heading>Assisting escape of person legally confined in hospital</heading> <content>Whoever willfully assists a person legally confined in a hospital of the Government of the Canal Zone to escape, or to attempt to escape therefrom or to resist being returned thereto, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="856">§ 856. </num> <heading>Rescuing prisoners</heading> <chapeau>Whoever rescues or attempts to rescue, or aids another person in rescuing or attempting to rescue, a prisoner from a jail, prison, penitentiary, or other place of detention, or from an officer or person having him in lawful custody, shall:</chapeau> <page identifier="/us/stat/76a/438">438</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the prisoner was in custody upon a conviction of felony punishable by death, be imprisoned in the penitentiary not more than 14 years;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if the prisoner was in custody upon a conviction of a felony other than a felony punishable by death, be imprisoned in the penitentiary not more than 5 years;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the prisoner was in custody upon a charge of felony, be fined not more than $1,000 or imprisoned in the penitentiary not more than 2 years, or both; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>if the prisoner was in custody otherwise than upon a conviction or charge of felony, be fined not more than $500 or imprisoned in jail not more than 180 days, or both.</content> </paragraph> </section> </chapter> <chapter> <num value="47">CHAPTER 47—</num><heading>EXTORTION, OPPRESSION, AND THREATS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>881.</designator> <label>Definition of extortion.</label></referenceItem> <referenceItem role="section"><designator>882.</designator> <label>Threats inducing fear such as will constitute extortion.</label></referenceItem> <referenceItem role="section"><designator>883.</designator> <label>Punishment of extortion generally.</label></referenceItem> <referenceItem role="section"><designator>884.</designator> <label>Punishment of extortion committed under color of official right.</label></referenceItem> <referenceItem role="section"><designator>885.</designator> <label>Obtaining signature by threats.</label></referenceItem> <referenceItem role="section"><designator>886.</designator> <label>Attempt to commit extortion.</label></referenceItem> <referenceItem role="section"><designator>887.</designator> <label>Oppression.</label></referenceItem> <referenceItem role="section"><designator>888.</designator> <label>Blackmail.</label></referenceItem> <referenceItem role="section"><designator>889.</designator> <label>Threatening letters.</label></referenceItem> </toc> <section> <num value="881">§ 881. </num> <heading>Definition of extortion</heading> <chapeau>Extortion is the obtaining of:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>property from another with his consent; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>an official act of a public officer—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">induced by a wrongful use of force or fear, or under color of official right.</continuation> </section> <section> <num value="882">§ 882. </num> <heading>Threats inducing fear such as will constitute extortion</heading> <chapeau>Fear such as will constitute extortion may be induced by an oral or written threat, either to:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>do an unlawful injury to the person or property of the individual threatened or of a third person;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>accuse the individual threatened or a relative of his or member of his family of a crime;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>expose or impute to him or them a deformity, disgrace, or crime; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>expose a secret affecting him or them.</content> </paragraph> </section> <section> <num value="883">§ 883. </num> <heading>Punishment of extortion generally</heading> <content>Whoever is guilty of extortion shall be imprisoned in the penitentiary not more than five years.</content> </section> <section> <num value="884">§ 884. </num> <heading>Punishment of extortion committed under color of official right</heading> <content>Whoever commits an extortion under color of official right, in cases for which a different punishment is not prescribed in this title, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="885">§ 885. </num> <heading>Obtaining signature by threats</heading> <content>Whoever, by extortionate means, obtains from another person his signature to a paper or instrument, which signature, if freely given, would have transferred property, or created a debt, demand, charge or right of action, shall be punished in the same manner as if the actual delivery of property of the value or amount of the debt, demand, charge or right of action were obtained.</content> </section> <page identifier="/us/stat/76a/439">439</page> <section> <num value="886">§ 886. </num> <heading>Attempt to commit extortion</heading> <chapeau>Whoever attempts, by means of a threat such as is specified by section 882 of this title, to:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>extort money or other property from another person; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>obtain an official act of a public officer—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be punished by a fine of not more than $2,500, or by imprisonment in jail not more than one year or in the penitentiary not more than two and one-half years, or by both such fine and imprisonment.</continuation> </section> <section> <num value="887">§ 887. </num> <heading>Oppression</heading> <content>Whoever, being a public officer, under color of authority and without lawful necessity, assaults, wrongs, oppresses, or beats a person, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="888">§ 888. </num> <heading>Blackmail</heading> <content>Whoever, with intent to extort money or other property from another person, sends or delivers to a person a letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply, a threat such as is specified by section 882 of this title, is punishable in the same manner as if the money or property were actually obtained by means of the threat.</content> </section> <section> <num value="889">§ 889. </num> <heading>Threatening letters</heading> <content>Whoever knowingly and willfully sends or delivers to a person a letter or writing, whether subscribed or not, threatening to accuse him or another person of a crime, or to expose or publish any of his failings or infirmities, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </chapter> <chapter> <num value="49">CHAPTER 49—</num><heading>FALSE IMPRISONMENT</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>921.</designator> <label>Punishment for false imprisonment.</label></referenceItem> </toc> <section> <num value="921">§ 921. </num> <heading>Punishment for false imprisonment</heading> <content>Whoever unlawfully violates the personal liberty of another person is guilty of false imprisonment, and shall be fined not more than $5,000 or imprisoned in the penitentiary not more than one year, or both.</content> </section> </chapter> <chapter> <num value="51">CHAPTER 51—</num><heading>FALSE PERSONATION</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>951.</designator> <label>Personation of law enforcement officer.</label></referenceItem> <referenceItem role="section"><designator>952.</designator> <label>Impersonating an officer or employee of the United States.</label></referenceItem> <referenceItem role="section"><designator>953.</designator> <label>Impersonator making arrest, search, or seizure, or dispossessing a person.</label></referenceItem> <referenceItem role="section"><designator>954.</designator> <label>Personating another and incurring liability.</label></referenceItem> <referenceItem role="section"><designator>955.</designator> <label>Marrying under false personation.</label></referenceItem> <referenceItem role="section"><designator>956.</designator> <label>Receiving money or property in false character.</label></referenceItem> </toc> <section> <num value="951">§ 951. </num> <heading>Personation of law enforcement officer</heading> <content>Whoever, not being a law enforcement officer, directly or indirectly represents himself as such an officer, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="952">§ 952. </num> <heading>Impersonating an officer or employee of the United States</heading> <content>Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or a department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, documents, or thing of value, shall be fined not more than $1,000 or imprisoned in the penitentiary not more than three years, or both.</content> </section> <page identifier="/us/stat/76a/440">440</page> <section> <num value="953">§ 953. </num> <heading>Impersonator making arrest, search, or seizure, or dispossessing a person</heading> <chapeau>Whoever falsely represents himself to be an officer, agent, or employee of the United States or a department or agency thereof, and in such assumed character:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>arrests or detains a person;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>searches the person, buildings, or other property of a person;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>seizes or levies upon property; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>dispossesses a person of lands or property—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $1,000 or imprisoned in the penitentiary not more than three years, or both.</continuation> </section> <section> <num value="954">§ 954. </num> <heading>Personating another and incurring liability</heading> <chapeau>Whoever falsely personates another person and in such assumed character:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>becomes bail or surety for a party in a proceeding before a court or officer authorized to take the bail or surety;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>verifies, publishes, acknowledges, or proves, in the name of another person, a written instrument, with intent that the instrument may be recorded, delivered, or used as true;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>does any other act whereby, if it were done by the person falsely personated, he might in any event become liable to:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>a suit or prosecution;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>pay a sum of money; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>incur a charge, forfeiture, or penalty;</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">or</continuation> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>does any act whereby a benefit might accrue to the party personating, or to another person—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be punished by a fine of not more than $5,000, or by imprisonment in jail for not more than one year or in the penitentiary for not more than two years, or by both such fine and imprisonment.</continuation> </section> <section> <num value="955">§ 955. </num> <heading>Marrying under false personation</heading> <content>Whoever falsely personates another person, and in such assumed character marries or pretends to marry, or to sustain the marriage relation towards another person, with or without the connivance of the latter, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="956">§ 956. </num> <heading>Receiving money or property in false character</heading> <content>Whoever falsely personates another person, and in such assumed character receives money or property, knowing that it is intended to be delivered to the individual so personated, with intent to convert the same to his own use, or to that of another person, or to deprive the true owner thereof, is punishable in the same manner and to the same extent as for larceny of property so received.</content> </section> </chapter> <chapter> <num value="53">CHAPTER 53—</num><heading>FORGERY AND COUNTERFEITING</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>981.</designator> <label>Forging, altering or counterfeiting instrument or record; uttering false instrument.</label></referenceItem> <referenceItem role="section"><designator>982.</designator> <label>False entries in records or returns.</label></referenceItem> <referenceItem role="section"><designator>983.</designator> <label>Forgery of public or corporate seals.</label></referenceItem> <referenceItem role="section"><designator>984.</designator> <label>Sending or delivering forged or false messages with fraudulent intent.</label></referenceItem> <referenceItem role="section"><designator>985.</designator> <label>Possessing or receiving forged or blank bills or notes.</label></referenceItem> <referenceItem role="section"><designator>986.</designator> <label>Forging or counterfeiting State or municipal securities or obligations.</label></referenceItem> <referenceItem role="section"><designator>987.</designator> <label>Uttering forged or counterfeit State or municipal securities or obligations.</label></referenceItem> <referenceItem role="section"><designator>988.</designator> <label>Counterfeiting ticket of common carrier.</label></referenceItem> <referenceItem role="section"><designator>989.</designator> <label>Restoring cancelled railroad ticket.</label></referenceItem> <referenceItem role="section"><designator>990.</designator> <label>Altering service center, commissary, retail store, sales store, post exchange, or restaurant check or coupon.</label></referenceItem> <referenceItem role="section"><designator>991.</designator> <label>Issuing instruments to circulate as money.</label></referenceItem> <referenceItem role="section"><designator>992.</designator> <label>Procuring or offering forged instrument to be filed or recorded.</label></referenceItem> </toc> <page identifier="/us/stat/76a/441">441</page> <section> <num value="981">§ 981. </num> <heading>Forging, altering or counterfeiting instrument or record; uttering false instrument</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>with intent to defraud, signs the name of another person, or of a fictitious person, knowing that he has no authority to do so, to, or falsely makes, alters, forges or counterfeits, any charter, letters patent, deed, lease, indenture, writing obligatory, will, testament, codicil annuity, bond, covenant, bank bill or note, post note, check, draft, bill of exchange, contract, promissory note, due bill for the payment of money or property, receipt for money or property, passage ticket, power of attorney, or certificate for any share, right or interest in the stock of a corporation or association, or warrant or order for the payment of money at the treasury, treasurer’s order or warrant; or a request for the payment of money or for the delivery of personal property of any kind or of an instrument in writings acquittance, release or discharge for a debt, account, suit, action, demand or other thing, real or personal; or a transfer or assurance of money, stock certificate, personal property or other property whatever; or a letter of attorney or other power to receive money or to receive or transfer stock certificates or annuities or to let, lease, dispose of, alien or convey any real or personal property; or an acceptance or indorsement of any bill of exchange, promissory note, draft, order or assignment of any bonds, writing obligatory, or promissory note or other contract for money or other property; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>with intent to defraud, counterfeits or forges the seal or handwriting of another; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>utters, publishes, passes or attempts to pass, as true and genuine, any of the above named false, altered forged or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged or counterfeited, with intent to prejudice, damage or defraud any person; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>with intent to defraud, alters, corrupts or falsifies a record of a will, codicil, conveyance or other instrument, the record of which is by law evidence, or a record of a judgment of a court, or the return of an officer to process of a court—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">is guilty of forgery, and shall be imprisoned in the penitentiary not more than 14 years.</continuation> </section> <section> <num value="982">§ 982. </num> <heading>False entries in records or returns</heading> <content>Whoever, with intent to defraud, makes, forges or alters an entry in a book of records, or an instrument purporting to be a record or return specified by section 981 of this title, is guilty of forgery, and shall be imprisoned in the penitentiary not more than 14 years.</content> </section> <section> <num value="983">§ 983. </num> <heading>Forgery of public or corporate seals</heading> <chapeau>Whoever, with intent to defraud:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>forges or counterfeits the seal of the Canal Zone Government, the seal of a public officer authorized by law, the seal of a court of record, or the seal of a corporation, or any other public seal authorized or recognized by the laws of the Canal Zone, or of a State, government or country;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>falsely makes, forges or counterfeits an impression purporting to be an impression of any such a seal; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>has in his possession and willfully conceals such a counterfeited seal, or impression thereof, knowing it to be counterfeited—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">is guilty of forgery, and shall be imprisoned in the pentitentiary not more than 14 years.</continuation> </section> <page identifier="/us/stat/76a/442">442</page> <section> <num value="984">§ 984. </num> <heading>Sending or delivering forged or false messages with fraudulent intent</heading> <chapeau>Whoever, with the intent to deceive, injure, or defraud:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>sends by telegraph, telephone, cable, or radio to a person a forged or false message purporting to be from a telegraph, telephone, cable, or radio office or from any other person;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>delivers to a person such a message falsely purporting to have been received by telegraph, telephone, cable, or radio; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>furnishes or conspires to furnish to an agent, operator, or employee, to be sent by telegraph, telephone, cable, or radio, or to be delivered, such a message, blowing the message to be forged or false, with the intent to deceive, injure, or defraud—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be punished by a fine of not more than $5,000, or by imprisonment in jail for not more than one year or in the penitentiary for not more than five years, or by both such fine and imprisonment.</continuation> </section> <section> <num value="985">§ 985. </num> <heading>Possessing or receiving forged or blank bills or notes</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>has in his possession or receives from another person a forged promissory note or bank bill, or bill for payment of money or property, with the intention to pass it or to permit, cause or procure it to be uttered or passed, with the intention to defraud any person, knowing it to be forged or counterfeited; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>has or keeps in his possession a blank or unfinished note or bill made in the form or similitude of a promissory note or bill for payment of money or property, made to be issued by an incorporated bank or banking company, with intention to fill up and complete the blank and unfinished note or bill, or to permit or cause or procure it to be filled up and completed, in order to utter or pass it, or to permit or cause or procure it to be uttered or passed, for the purpose of defrauding a person—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $1,000 or imprisoned in the penitentiary not more than 14 years, or both.</continuation> </section> <section> <num value="986">§ 986. </num> <heading>Forging or counterfeiting State or municipal securities or obligations</heading> <chapeau>Whoever, with intent to defraud, falsely makes, alters, forges, or counterfeits a:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>bond, certificate, obligation or other security, purporting to be, or in imitation of, a bond, certificate, obligation or other security of the Government of a State or municipality, issued or put forth under the authority of the State or municipality; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>treasury note, bill, or promise to pay, lawfully issued by the Government of a State or municipality and intended to circulate as money—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 15 years, or both.</continuation> </section> <section> <num value="987">§ 987. </num> <heading>Uttering forged or counterfeit State or municipal securities or obligations</heading> <content>Whoever, knowingly and with intent to defraud, utters, passes, or puts off, in payment or negotiation, within the Canal Zone, a false, forged, or counterfeit bend, certificate, obligation, security, treasury note, bill, or promise to pay, referred to by section 986 of this title, whether it was made, altered, forged or counterfeited within the Canal Zone or not, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 15 years, or both.</content> </section> <page identifier="/us/stat/76a/443">443</page> <section> <num value="988">§ 988. </num> <heading>Counterfeiting ticket of common carrier</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>counterfeits, forges or alters a ticket, check, order, coupon, receipt for fare, or pass issued by a common carrier or by a lessee or manager thereof, designed to entitled the holder to ride in the cars, vehicles, vessels, or aircraft of the carrier; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>with intent to defraud the common carrier or a lessee thereof, or any other person, utters, publishes, or puts into circulation any such counterfeit or altered ticket, check, order, coupon, receipt for fare, or pass—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $1,000 or imprisoned in jail or in the penitentiary not more than one year, or both.</continuation> </section> <section> <num value="989">§ 989. </num> <heading>Restoring cancelled railroad ticket</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for the purpose of restoring to its original appearance and nominal value, in whole or in part, removes, conceals, fills up or obliterates the cuts, marks, punch holes or other evidence of cancellation, from a ticket, check, order, coupon, receipt for fare, or pass, issued by a common carrier or by a lessee or manager thereof, cancelled in whole or in part, with intent to dispose of it by gift, or to circulate it, or with intent to defraud the common carrier or lessee thereof, or any other person; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>with like intent to defraud, offers for sale or in payment of fare on the railroad or vessels, or in the vehicles or aircraft, of the carrier, such a ticket, check, order, coupon, or pass, knowing it to have been restored in whole or in part—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $1,000 or imprisoned in jail not more than 180 days, or both.</continuation> </section> <section> <num value="990">§ 990. </num> <heading>Altering service center, commissary, retail store, sales store, post exchange, or restaurant check or coupon</heading> <content>Whoever, with intent to defraud, alters a service center, commissary, retail store, sales store, post exchange, or restaurant check, ticket, coupon, or other evidence of a transaction with a service center, commissary, retail store, sales store, post exchange, or restaurant, shall be fined not more than $1,000 or imprisoned in jail not more than 180 days, or both.</content> </section> <section> <num value="991">§ 991. </num> <heading>Issuing instruments to circulate as money</heading> <content>Whoever makes, issues or puts in circulation a bill, check, ticket, certificate, promissory note, or the paper of a bank, to circulate as money, except as authorized by the laws of the United States or the Canal Zone, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="992">§ 992. </num> <heading>Procuring or offering forged instrument to be filed or recorded</heading> <content>Whoever knowingly procures or offers a forged or false instrument to be filed, registered or recorded in a public office within the Canal Zone, which instrument if genuine might be filed, registered or recorded under the laws of the Canal Zone or the laws of the United States applicable to the Canal Zone, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> </chapter> <page identifier="/us/stat/76a/444">444</page> <chapter> <num value="55">CHAPTER 55—</num><heading>FRAUD AND FALSE STATEMENTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1021.</designator> <label>Proof of intent to defraud.</label></referenceItem> <referenceItem role="section"><designator>1022.</designator> <label>Removal, conveyance, or concealment of property in fraud of creditors or others.</label></referenceItem> <referenceItem role="section"><designator>1023.</designator> <label>Participating in frauds on creditors.</label></referenceItem> <referenceItem role="section"><designator>1024.</designator> <label>Obtaining money, labor, or property by false pretense; proof.</label></referenceItem> <referenceItem role="section"><designator>1025.</designator> <label>Making, possessing, or uttering fictitious bill, note, or check.</label></referenceItem> <referenceItem role="section"><designator>1026.</designator> <label>Drawing or uttering check, draft, or order without sufficient funds; presumption.</label></referenceItem> <referenceItem role="section"><designator>1027.</designator> <label>Reselling sold property.</label></referenceItem> <referenceItem role="section"><designator>1028.</designator> <label>False representation by married person when selling or mortgaging lands.</label></referenceItem> <referenceItem role="section"><designator>1029.</designator> <label>False or fraudulent sale of property; mock auctions.</label></referenceItem> <referenceItem role="section"><designator>1030.</designator> <label>Fraudulent devices to affect market price of property.</label></referenceItem> <referenceItem role="section"><designator>1031.</designator> <label>Defrauding or prejudicing insurer of property.</label></referenceItem> <referenceItem role="section"><designator>1032.</designator> <label>Fraud in affairs of partnership.</label></referenceItem> <referenceItem role="section"><designator>1033.</designator> <label>False statements by commission merchants or factors.</label></referenceItem> <referenceItem role="section"><designator>1034.</designator> <label>Defrauding hotels, guesthouses, lodginghouses, or restaurants.</label></referenceItem> <referenceItem role="section"><designator>1035.</designator> <label>Misrepresentation of newspaper circulation.</label></referenceItem> <referenceItem role="section"><designator>1036.</designator> <label>Failure to give proper tax or license receipts.</label></referenceItem> <referenceItem role="section"><designator>1037.</designator> <label>Possession of improper blank licenses or tax receipts.</label></referenceItem> <referenceItem role="section"><designator>1038.</designator> <label>Fraudulent production of infant with intent to intercept inheritance.</label></referenceItem> <referenceItem role="section"><designator>1039.</designator> <label>Substitution of one child for another.</label></referenceItem> </toc> <section> <num value="1021">§ 1021. </num> <heading>Proof of intent to defraud</heading> <content>When, by a provision of this Code, an intent to defraud is required to constitute an offense, it is sufficient if an intent appears to defraud a person, as defined by section 61 of Title 1, or any body politic.</content> </section> <section> <num value="1022">§ 1022. </num> <heading>Removal, conveyance, or concealment of property in fraud of creditors or others</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>fraudulently removes his property or effects beyond the jurisdiction of the courts, or fraudulently sells, conveys, assigns or conceals his property, with intent to defraud, hinder, or delay his creditors of their rights, claims, or demands; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>having an action pending against him or a judgment for the recovery of personal property rendered against him, fraudulently conceals, sells, or disposes of that property with intent to hinder, delay, or defraud the person bringing the action or recovering the judgment, or, with that intent, removes the property beyond the jurisdiction of the courts in which it may be at the time of the commencement of the action or the rendering of the judgment—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than one year, or both.</continuation> </section> <section> <num value="1023">§ 1023. </num> <heading>Participating in frauds on creditors</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>is a party to a fraudulent conveyance of property, real or personal, or a right or interest issuing out of the property, or to a bond, suit, judgment or execution, contract or conveyance, had, made or contrived with intent to deceive and defraud others or to defeat, hinder or delay creditors or others of their just debts, damages or demands; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>being a party as aforesaid, at any time knowingly and willfully puts in, uses, avows, maintains, justifies or defends the same or any of them as true and done, had or made in good faith or upon good consideration, or aliens, assigns or sells any of the property, real or personal, or other things before mentioned, conveyed to him or them as aforesaid, or any part thereof—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <page identifier="/us/stat/76a/445">445</page> <section> <num value="1024">§ 1024. </num> <heading>Obtaining money, labor, or property by false pretense; proof</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>knowingly and designedly by false or fraudulent representation or pretense defrauds another person of money, labor, or property; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>causes or procures others to report falsely of his wealth or mercantile character and by thus imposing upon another person obtains credit and thereby fraudulently obtains possession of money or property, or obtains the labor or service of another—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">is punishable in the same manner and to the same extent as for larceny of the money or property so obtained.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Upon a trial for having, with an intent to cheat or defraud another designedly, by false pretense, obtained the signature of a person to a written instrument, or having obtained from a person money, labor, personal property or valuable thing, the defendant may not be convicted if the false pretense was expressed in language unaccompanied by a false token or writing, unless the pretense, or a note or memorandum thereof, is in writing, subscribed by, or in the handwriting of the defendant or unless the pretense is proved by the testimony of two witnesses, or that of one witness and corroborating circumstances. This subsection does not apply to a prosecution for falsely representing or personating another, and, in such assumed character, marrying or receiving money or property.</content> </subsection> </section> <section> <num value="1025">§ 1025. </num> <heading>Making, possessing, or uttering fictitious bill, note, or check</heading> <content>Whoever, with intent to defraud, makes, passes, utters or publishes, or attempts to pass, utter or publish, or has in his possession, with like intent to utter, pass or publish, a fictitious bill, note or check, purporting to be the bill, note, check or other instrument in writing for the payment of money or property of a bank, corporation, copartnership or individual, when in fact there is no such bank, corporation, copartnership or individual in existence, knowing the bill, note, check or instrument in writing to be fictitious, shall be imprisoned in the penitentiary not more than 14 years.</content> </section> <section> <num value="1026">§ 1026. </num> <heading>Drawing or uttering check, draft, or order without sufficient funds; presumption</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whoever, for himself, or as agent or representative of another person, or as an officer of a corporation, willfully, with intent to defraud, makes, draws, utters, or delivers a check, draft, or order on a bank, banker, or depositary for the payment of money, knowing at the time he commits the act that he or his principal or the corporation of which he is an officer does not have sufficient funds in, or credit with, the bank, banker, or depositary to meet the check, draft, or order in full upon its presentation, shall be imprisoned in jail not more than 1 year or in the penitentiary not more than 14 years.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the check, draft, or order referred to by subsection (a) of this section is protested on the ground of insufficiency of funds or credit, the notice of protest thereof is admissible as proof of presentation, nonpayment and protest, and is presumptive evidence of knowledge of insufficiency of funds or credit with the bank, banker, or depositary on which or whom the check, draft, or order is drawn.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>its used in this section, “credit” menus an arrangement or understanding with the bank, banker, or depositary for the payment of the check, draft, or order referred to by subsection (a) of this section.</content> </subsection> </section> <section> <num value="1027">§ 1027. </num> <heading>Reselling sold property</heading> <chapeau>Whoever, after once selling, bartering, or disposing of any property, or an interest therein, or after executing a bond or agreement for the <page identifier="/us/stat/76a/446">446</page> sale thereof, again willfully and with intent to defraud previous or subsequent purchasers—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>sells, barters, or disposes of the same property, or a part thereof or an interest therein; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>executes a bond or agreement to sell, barter, or dispose of the same property, or a part thereof or an interest therein—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">to another person for a valuable consideration, shall be imprisoned in the penitentiary not more than 10 years.</continuation> </section> <section> <num value="1028">§ 1028. </num> <heading>False representation by married person when selling or mortgaging lands</heading> <content>Whoever, being a married person, falsely represents himself or herself as competent to sell or mortgage real estate, to the validity of which sale or mortgage the assent or concurrence of his or her spouse is necessary, and under such representations willfully conveys or mortgages the real estate, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="1029">§ 1029. </num> <heading>False or fraudulent sale of property; mock auctions</heading> <content>Whoever obtains money or property from another, or obtains the signature of another to a written instrument, the false making of which would be forgery, by means of a false or fraudulent sale of property or pretended property, by auction, or by any of the practices known as mock auctions, shall be fined not more than $1,000 or imprisoned in the penitentiary not more than three years, or both.</content> </section> <section> <num value="1030">§ 1030. </num> <heading>Fraudulent devices to affect market price of property</heading> <content>Whoever willfully makes or publishes a false statement, spreads a false rumor, or employs any other false or fraudulent means or device, with intent to affect the market price of any kind of property, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="1031">§ 1031. </num> <heading>Defrauding or prejudicing insurer of property</heading> <content>Whoever willfully burns or in any other manner injures or destroys, or secretes, abandons, or in any manner disposes of, any property in his possession or in the possession of another person, which at the time is insured against loss or damage by fire, theft, or embezzlement, or other casualty, with intent to defraud or prejudice the insurer, shall be imprisoned in the penitentiary not more than 10 years.</content> </section> <section> <num value="1032">§ 1032. </num> <heading>Fraud in affairs of partnership</heading> <content>Whoever, being a member of a partnership, commits a fraud upon the other members in the affairs of the partnership, shall be imprisoned in the penitentiary not more than one year.</content> </section> <section> <num value="1033">§ 1033. </num> <heading>False statements by commission merchants or factors</heading> <content>Whoever, being a commission merchant, broker, agent, factor or consignee, willfully and corruptly makes to his principal or consignor a false statement concerning the price obtained for, or the quality or quantity of, property consigned or intrusted to him for sale, shall be fined not more than $500 or imprisoned in jail not more than 180 days, or both.</content> </section> <section> <num value="1034">§ 1034. </num> <heading>Defrauding hotels, guesthouses, lodginghouses, or restaurants</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>obtains food or accommodation at a hotel, inn, guesthouse, lodginghouse, boardinghouse, or restaurant without paying therefor, with intent to defraud the proprietor or manager thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by the use of a false pretense, obtains credit at a hotel, inn, guesthouse, lodginghouse, boardinghouse, or restaurant; or</content> </paragraph> <page identifier="/us/stat/76a/447">447</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>after obtaining credit at a hotel inn, guesthouse, lodginghouse, boardinghouse, or restaurant absconds or surreptitiously removes his baggage therefrom without paying for his food or accommodation—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="1035">§ 1035. </num> <heading>Misrepresentation of newspaper circulation</heading> <content>Whoever, being the proprietor or publisher of a newspaper or periodical, willfully and knowingly misrepresents the circulation thereof for the purpose of securing advertising or other patronage, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="1036">§ 1036. </num> <heading>Failure to give proper tax or license receipts</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>uses or gives any receipt, except that prescribed by law, as evidence of payment of any tax or license of any kind;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>receives payment of such a tax or license without delivering the receipt prescribed by law; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>inserts the name of more than one licensee therein—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="1037">§ 1037. </num> <heading>Possession of improper blank licenses or tax receipts</heading> <content>Whoever has in his possession, with intent to circulate or sell, blank licenses or tax receipts other than those furnished by the proper authority, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years.</content> </section> <section> <num value="1038">§ 1038. </num> <heading>Fraudulent production of infant with intent to intercept inheritance</heading> <content>Whoever fraudulently produces an infant, falsely pretending it to have been born of a parent whose child would be entitled to inherit, with intent to intercept the inheritance, shall be imprisoned in the penitentiary not more than 10 ‘years.</content> </section> <section> <num value="1039">§ 1039. </num> <heading>Substitution of one child for another</heading> <content>Whoever, to whom an infant has been confided for nursing, education or any other purpose, with intent to deceive a parent or guardian of the child, substitutes or produces to the parent or guardian another child in place of the one so confided, shall be imprisoned in the penitentiary not more than seven years.</content> </section> </chapter> <chapter> <heading>CHAPTER 57—</heading> <heading>HABEAS CORPUS OFFENSES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1071.</designator> <label>Failure to obey writ of habeas corpus.</label></referenceItem> <referenceItem role="section"><designator>1072.</designator> <label>Imprisonment of person discharged upon writ.</label></referenceItem> <referenceItem role="section"><designator>1073.</designator> <label>Eluding service of writ.</label></referenceItem> </toc> <section> <num value="1071">§ 1071. </num> <heading>Failure to obey writ of habeas corpus</heading> <content>Whoever, being an officer or other person to whom a writ of habeas corpus is directed, after service thereof, neglects or refuses to obey the command of the writ, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="1072">§ 1072. </num> <heading>Imprisonment of person discharged upon writ</heading> <content>Whoever, either solely or as a member of a court, knowingly and unlawfully recommits, imprisons or restrains of his liberty, for the same cause, a person who has been discharged upon a writ of habeas corpus, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <page identifier="/us/stat/76a/448">448</page> <section> <num value="1073">§ 1073. </num> <heading>Eluding service of writ</heading> <content>Whoever, having in his custody, or under his restraint or power, a person for whose relief a writ of habeas corpus has been issued, with intent to elude the service of the writ, or to avoid the effect thereof, transfers the person to the custody of another, or places him under the power or control of another, or conceals or changes the place of confinement or restraint, or removes him without the jurisdiction of the court or judge issuing the writ, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> </chapter> <chapter> <num value="59">CHAPTER 59—</num><heading>HEALTH AND SAFETY</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1101.</designator> <label>Failure to perform duties under health laws.</label></referenceItem> <referenceItem role="section"><designator>1102.</designator> <label>Exposure of diseased person in public place.</label></referenceItem> <referenceItem role="section"><designator>1103.</designator> <label>Exhibiting deformities of persons.</label></referenceItem> <referenceItem role="section"><designator>1104.</designator> <label>Spitting in public places.</label></referenceItem> <referenceItem role="section"><designator>1105.</designator> <label>Keeping or transporting explosives without permit.</label></referenceItem> <referenceItem role="section"><designator>1106.</designator> <label>Malicious use of explosives endangering life.</label></referenceItem> <referenceItem role="section"><designator>1107.</designator> <label>Places of public assemblage; use or preparation of injurious, nauseous, or offensive substances.</label></referenceItem> <referenceItem role="section"><designator>1108.</designator> <label>Same; use of substances which may produce serious illness or permanent injury; tear gas, mustard gas, acid or explosives.</label></referenceItem> <referenceItem role="section"><designator>1109.</designator> <label>Act by intoxicated physician or surgeon endangering life.</label></referenceItem> <referenceItem role="section"><designator>1110.</designator> <label>Poisoning food, medicine, or water.</label></referenceItem> <referenceItem role="section"><designator>1111.</designator> <label>Placing filth or animal carcasses in or near waters or highways; pollution generally.</label></referenceItem> <referenceItem role="section"><designator>1112.</designator> <label>Causing boiler explosion endangering life.</label></referenceItem> <referenceItem role="section"><designator>1113.</designator> <label>Causing boiler of steamboat to explode, endangering life.</label></referenceItem> <referenceItem role="section"><designator>1114.</designator> <label>Causing boiler explosion resulting in death.</label></referenceItem> <referenceItem role="section"><designator>1115.</designator> <label>Setting on fire grass or shrubbery.</label></referenceItem> <referenceItem role="section"><designator>1116.</designator> <label>Resistance to fireman extinguishing fire.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">food and drugs</inline></label></referenceItem> <referenceItem role="article"><designator class="centered">Article A—</designator><label>General Provisions</label></referenceItem> <referenceItem role="section"><designator>1131.</designator> <label>Adulterating or selling adulterated food or drugs.</label></referenceItem> <referenceItem role="section"><designator>1132.</designator> <label>Wrongful preparation or labeling of drugs or medicines by druggist.</label></referenceItem> <referenceItem role="section"><designator>1133.</designator> <label>Adulterating or selling adulterated candy.</label></referenceItem> <referenceItem role="section"><designator>1134.</designator> <label>Selling or offering unwholesome food or drugs.</label></referenceItem> <referenceItem role="article"><designator class="centered">Article B—</designator><label>Marihuana</label></referenceItem> <referenceItem role="section"><designator>1151.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>1152.</designator> <label>Illegal acts with respect to marihuana.</label></referenceItem> <referenceItem role="section"><designator>1153.</designator> <label>Licenses.</label></referenceItem> <referenceItem role="section"><designator>1154.</designator> <label>Marihuana on vessels or other carriers or discharged for transshipment.</label></referenceItem> <referenceItem role="section"><designator>1155.</designator> <label>Construction with other laws.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="1101">§ 1101. </num> <heading>Failure to perform duties under health laws</heading> <content>Whoever, being charged with the performance of a duty under the laws relating to the preservation of the public health, willfully neglects or refuses to perform the same, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="1102">§ 1102. </num> <heading>Exposure of diseased person in public place</heading> <content>Whoever willfully exposes himself or another afflicted with a quarantinable disease in a public place or thoroughfare, except in his necessary removal in a manner the least dangerous to the public health, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <page identifier="/us/stat/76a/449">449</page> <section> <num value="1103">§ 1103. </num> <heading>Exhibiting deformities of persons</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>exhibits the deformities of another person, or his own deformities, for hire; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by artificial means, gives to a person the appearance of a deformity and exhibits him for hire—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="1104">§ 1104. </num> <heading>Spitting in public places</heading> <content>Whoever spits or discharges mucus from the nose or mouth upon a sidewalk or public street or highway, or upon or within any part of a public building, railroad train, boat, vessel, or other vehicle used for the transportation of the public, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="1105">§ 1105. </num> <heading>Keeping or transporting explosives without permit</heading> <content>Whoever makes or keeps in the Canal Zone or transports in or across the Canal Zone more than five pounds of gunpowder, nitroglycerine or other highly explosive substance without a permit from the Governor so to do, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="1106">§ 1106. </num> <heading>Malicious use of explosives endangering life</heading> <content>Whoever maliciously, by the explosion of gunpowder or other explosive substance, destroys, throws down or injures the whole or part of a building, by means of which the life or safety of a human being is endangered, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="1107">§ 1107. </num> <heading>Places of public assemblage; use or preparation of injurious, nauseous, or offensive substances</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>throws, drops, pours, deposits, releases, discharges, or exposes, or attempts to throw, drop, pour, deposit, release, discharge, or expose, in, upon or about a hotel, guesthouse, lodginghouse, theater, restaurant, place of business, place of amusement, or any place of public assemblage, any liquid, gaseous or solid substance or matter of any kind, which is injurious to person or property or is nauseous, sickening, irritating, or offensive to any of the senses; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>manufactures, prepares, or possesses any of the substances or matter referred to by paragraph (1) of this subsection with intent to commit any of the acts described by that paragraph—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall, except as provided by section 1108 of this title, be fined not more than $500 or imprisoned in jail not more than one year, or both.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Subsection (a) of this section does not apply to law enforcement officials who, while in the performance of their official duties, use tear gas, or follow other standard or generally accepted procedures, in quelling riots or in dispersing or controlling unlawful assemblies or persons assembled for the purpose of committing unlawful acts.</content> </subsection> </section> <section> <num value="1108">§ 1108. </num> <heading>Same; use of substances which may produce serious illness or permanent injury; tear gas, mustard gas, acid or explosives</heading> <chapeau>Whoever, in violating section 1107(a)(1) of this title, willfully employs or uses a—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>liquid, gaseous or solid substance which may produce serious illness or permanent injury through being vaporized or otherwise disbursed in the air;</content> </paragraph> <page identifier="/us/stat/76a/450">450</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>tear gas, mustard gas or any of the other combinations or compounds thereof; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>acid or explosives—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be imprisoned in the penitentiary not more than five years.</continuation> </section> <section> <num value="1109">§ 1109. </num> <heading>Act by intoxicated physician or surgeon endangering life</heading> <content>Whoever, being a physician or surgeon, and, in a state of intoxication, and as a physician or surgeon does an act to another person by which the life of the person is endangered, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="1110">§ 1110. </num> <heading>Poisoning food, medicine, or water</heading> <chapeau>Whoever willfully:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>mingles poison with any food, drink, or medicine, with intent that it shall be taken or consumed by a human being, to his injury; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>poisons a spring, well, or reservoir of water—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be imprisoned in the penitentiary not more than 20 years.</continuation> </section> <section> <num value="1111">§ 1111. </num> <heading>Placing filth or animal carcasses in or near waters or highways; pollution generally</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>puts the carcass of a dead animal, or the offal or filth from a slaughterhouse, pen or butcher shop, into a river, creek, pond, reservoir, stream, alley, public highway or road in common use;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>puts the carcass of a dead animal or offal or filth of any kind in or upon the borders of a stream, pond, lake or reservoir from which water is drawn for the supply of the inhabitants of a city or village, so that the drainage from the carcass, offal or filth may be taken up by or in the stream, lake or reservoir; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by any other means, fouls or pollutes the waters of a stream, pond, lake or reservoir—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $1,000 or imprisoned in the penitentiary not more than one year, or both.</continuation> </section> <section> <num value="1112">§ 1112. </num> <heading>Causing boiler explosion endangering life</heading> <content>Whoever having charge of a steam boiler, steam engine or other apparatus for generating or employing steam used in a factory, railway or other works, willfully, or from ignorance or gross neglect, creates, or allows to be created, such an undue quantity of steam as to burst the boiler, engine or apparatus, or cause any other accident whereby human life is endangered, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="1113">§ 1113. </num> <heading>Causing boiler of steamboat to explode, endangering life</heading> <content>Whoever, being a captain or other person having charge of a steamboat used for the conveyance of passengers, or of the boilers and engines thereof, from ignorance or gross neglect or for the purpose of excelling another boat in speed, creates or allows to be created, such an undue quantity of steam as to burst the boiler, or any apparatus or machinery connected therewith, whereby human life is endangered, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="1114">§ 1114. </num> <heading>Causing boiler explosion resulting in death</heading> <content>Whoever, having charge of a steam boiler, steam engine, or other apparatus for generating or employing steam used in a factory, or on a railroad, or in a vessel, or in any kind of mechanical work, willfully or from ignorance or neglect, creates or allows to be created, <page identifier="/us/stat/76a/451">451</page> such an undue quantity of steam as to burst the boiler, engine, or apparatus, or to cause any other accident whereby the death of a human being is produced, shall be imprisoned in the penitentiary not more than 10 years.</content> </section> <section> <num value="1115">§ 1115. </num> <heading>Setting on fire grass or shrubbery</heading> <content>Whoever willfully or negligently sets on fire, or causes or procures to be set on fire, grass or shrubbery on any lands, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="1116">§ 1116. </num> <heading>Resistance to fireman extingishing fire</heading> <chapeau>Whoever, at the burning of a building:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>disobeys the lawful orders of a public officer or fireman;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>offers resistance to, or interference with, the lawful efforts of a fireman or company of firemen to extinguish the fire;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>engages in disorderly conduct calculated to prevent the fire from being extinguished; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>forbids, prevents, or dissuades other persons from assisting to extinguish the fire—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Food and Drugs</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">General Provisions</heading> <section> <num value="1131">§ 1131. </num> <heading>Adulterating or selling adulterated food or drugs</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>adulterates or dilutes any food, drink, drug, medicine, spirituous or malt liquor, or wine, or any article useful in compounding them, with a fraudulent intent to offer it, or cause or permit it to be offered, for sale as unadulterated or undiluted; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>fraudulently sells, or keeps or offers for sale, as unadulterated or undiluted, any article or component thereof referred to by paragraph (1) of this section which has been adulterated or diluted—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="1132">§ 1132. </num> <heading>Wrongful preparation or labeling of drugs or medicines by druggist</heading> <chapeau>Whoever, being an apothecary, or a druggist, or a person carrying on business as a dealer in drugs or medicines, or an employee thereof, in putting up drugs or medicines, or making up a prescription, or filling an order for drugs or medicines:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>willfully, negligently, or without consideration of those facts which by use of ordinary care and skill he should have known, omits to label a drug or medicine;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>puts an untrue label, stamp, or other designation of contents upon a box, bottle, or other package containing drugs or medicines;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>substitutes a different article for an article prescribed or ordered;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>puts up a greater or less quality of an article than that prescribed or ordered; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>otherwise deviates from the terms of the prescription or order which he undertakes to follow—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">in consequence of which human life or health is endangered, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both; or if death ensues, is guilty of manslaughter, and shall be punished accordingly.</continuation> </section> <page identifier="/us/stat/76a/452">452</page> <section> <num value="1133">§ 1133. </num> <heading>Adulterating or selling adulterated candy</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>adulterates candy by using in its manufacture terra alba or any other deleterious substance; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>sells or keeps for sale candy adulterated with terra alba or any other deleterious substance, knowing the candy to be adulterated—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="1134">§ 1134. </num> <heading>Selling or offering unwholesome food or drugs</heading> <content>Whoever knowingly sells, or keeps or offers for sale, or otherwise disposes of an article of food, drink, drug, or medicine, knowing that it has become tainted, decayed, spoiled or otherwise unwholesome or unfit to be eaten or drunk, with intent to permit it to be eaten or drunk, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Marihuana</heading> <section> <num value="1151">§ 1151. </num> <heading>Definitions</heading> <chapeau> <p class="indent0 firstIndent1 fontsize10">As used in this article:</p> <p class="indent0 firstIndent1 fontsize10">“marihuana” has the meaning now or hereafter ascribed to it in the United States Internal Revenue Code of 1954, or any successor thereto; and</p> <p class="indent0 firstIndent1 fontsize10">“produce” means to:</p> </chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>plant, cultivate, or in any way facilitate the natural growth of marihuana; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>harvest and transfer or make use of marihuana.</content> </paragraph> </section> <section> <num value="1152">§ 1152. </num> <heading>Illegal acts with respect to marihuana</heading> <chapeau>Whoever, except under license as provided by section 1153 of this title:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>produces, manufactures, compounds, possesses, sells, gives away, deals in, dispenses, administers, or transports marihuana; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>imports marihuana into, or exports it from, the Canal Zone—</content> </paragraph> <continuation> <p class="indent0 firstIndent0 fontsize10">shall, for the first offense, be fined not more than $100 or imprisoned in jail not more than 30 days, or both; and, for each subsequent offense, be fined not more than $500 or imprisoned in jail not more than 180 days, or both.</p> <p class="indent0 firstIndent1 fontsize10">Any marihuana involved in a violation of this section may be seized, and the court may order its confiscation and destruction.</p> </continuation> </section> <section> <num value="1153">§ 1153. </num> <heading>Licenses</heading> <content>The Governor may issue any licenses necessary pursuant to section 1152 of this title to permit such uses of marihuana as are related to its administration to patients by physicians, dentists, veterinary surgeons, and other practitioners, or to research, instruction, or analysis.</content> </section> <section> <num value="1154">§ 1154. </num> <heading>Marihuana on vessels or other carriers or discharged for transshipment</heading> <chapeau>This article does not apply to:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>marihuana aboard vessels which enter and depart from Canal Zone waters without discharging any of the marihuana; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>shipments of marihuana by common carrier in transit through the Canal Zone, even though the marihuana be discharged at a port of the Canal Zone for transshipment.</content> </paragraph> </section> <page identifier="/us/stat/76a/453">453</page> <section> <num value="1155">§ 1155. </num> <heading>Construction with other laws</heading> <content>This article does not affect any provision of the United States Internal Revenue Code of 1954, or any successor thereto, relative to the sending, carriage, transportation, or delivery of marihuana from the Canal Zone into a State, territory, the District of Columbia, or insular possession of the United States.</content> </section> </article> </subchapter> </chapter> <chapter> <num value="61">CHAPTER 61—</num><heading>HOMICIDE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1181.</designator> <label>Murder defined.</label></referenceItem> <referenceItem role="section"><designator>1182.</designator> <label>Malice defined.</label></referenceItem> <referenceItem role="section"><designator>1183.</designator> <label>Degrees of murder.</label></referenceItem> <referenceItem role="section"><designator>1184.</designator> <label>Injury to or obstruction of Canal or locks causing death.</label></referenceItem> <referenceItem role="section"><designator>1185.</designator> <label>Punishment for murder.</label></referenceItem> <referenceItem role="section"><designator>1186.</designator> <label>Manslaughter defined and classified.</label></referenceItem> <referenceItem role="section"><designator>1187.</designator> <label>Punishment for manslaughter.</label></referenceItem> <referenceItem role="section"><designator>1188.</designator> <label>Time of death as element; computation.</label></referenceItem> <referenceItem role="section"><designator>1189.</designator> <label>Proof of corpus delicti.</label></referenceItem> <referenceItem role="section"><designator>1190.</designator> <label>Excusable homicide.</label></referenceItem> <referenceItem role="section"><designator>1191.</designator> <label>Justifiable homicide.</label></referenceItem> <referenceItem role="section"><designator>1192.</designator> <label>Acquittal on showing of justification or excuse.</label></referenceItem> <referenceItem role="section"><designator>1193.</designator> <label>Burden of establishing mitigation or justification upon trial for murder.</label></referenceItem> </toc> <section> <num value="1181">§ 1181. </num> <heading>Murder defined</heading> <content>Murder is the unlawful killing of a human being with malice aforethought.</content> </section> <section> <num value="1182">§ 1182. </num> <heading>Malice defined</heading> <content>Malice, as referred to by section 1181 of this title, may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned or malignant heart.</content> </section> <section> <num value="1183">§ 1183. </num> <heading>Degrees of murder</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Murder which is:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>perpetrated by means of poison, lying in wait, torture, or by other willful, deliberate, or premeditated act; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, mayhem, or any act punishable pursuant to section 543 of this title—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">is murder of the first degree.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>All other kinds of murder are of the second degree.</content> </subsection> </section> <section> <num value="1184">§ 1184. </num> <heading>Injury to or obstruction of Canal or locks causing death</heading> <content>Whoever, in violating section 1591 of this title, commits an act that causes the death of a person within a year and day thereafter, is guilty of murder, and shall be punished accordingly.</content> </section> <section> <num value="1185">§ 1185. </num> <heading>Punishment for murder</heading> <content>Whoever is guilty of murder in the first degree shall suffer death, or, if there be extenuating circumstances, confinement in the penitentiary for life; and whoever is guilty of murder in the second degree shall be imprisoned in the penitentiary not less than 10 years.</content> </section> <section> <num value="1186">§ 1186. </num> <heading>Manslaughter defined and classified</heading> <chapeau>Manslaughter is the unlawful killing of a human being without malice. It is of two kinds:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>voluntary: upon a sudden quarrel or heat of passion; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>involuntary: in the commission of an unlawful act not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner or without due caution and circumspection.</content> </paragraph> </section> <page identifier="/us/stat/76a/454">454</page> <section> <num value="1187">§ 1187. </num> <heading>Punishment for manslaughter</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whoever is guilty of voluntary manslaughter shall be imprisoned in the penitentiary not more than 10 years.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Whoever is guilty of involuntary manslaughter shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both; or, in the discretion of the court, shall be imprisoned in the penitentiary not more than 10 years.</content> </subsection> </section> <section> <num value="1188">§ 1188. </num> <heading>Time of death as element; computation</heading> <content>To establish a killing as either murder or manslaughter, it is requisite that the injured party die within a year and a day after the injury is received or the cause of death administered; in the computation of which the whole of the day on which the act was done shall be reckoned the first.</content> </section> <section> <num value="1189">§ 1189. </num> <heading>Proof of corpus delicti</heading> <content>A person may not be convicted of murder or manslaughter unless the death of the person alleged to have been killed, and the fact of the killing by the defendant as alleged, are established as independent facts; the former by direct proof and the latter beyond a reasonable doubt.</content> </section> <section> <num value="1190">§ 1190. </num> <heading>Excusable homicide</heading> <content>Homicide is excusable when committed by accident and misfortune or in doing a lawful act by lawful means with usual and ordinary caution and without unlawful intent.</content> </section> <section> <num value="1191">§ 1191. </num> <heading>Justifiable homicide</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Homicide is justifiable when committed by public officers, and those acting by their command in their aid and assistance, either:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in obedience to a judgment of a competent court;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when necessarily committed in overcoming actual resistance to the execution of legal process or in the discharge of any other legal duty; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>when necessarily committed in retaking felons who have been rescued or have escaped, or in arresting persons charged with felony, and who are fleeing from justice or resisting the arrest.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Homicide is also justifiable if committed by any person when:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>resisting an attempt to murder a person or to commit a felony or to do great bodily injury upon a person;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>committed in defense of habitation, property or person, against one who manifestly intends or endeavors by violence or surprise to commit a felony, or against one who manifestly intends and endeavors in a violent, riotous or tumultuous manner to enter the habitation of another for the purpose of offering violence to a person therein;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>committed in the lawful defense of such a person, or of a wife or husband, parent, child, master, mistress or servant of the person, when there is reasonable ground to apprehend a design to commit a felony or to do great bodily injury and imminent danger of such a design being accomplished; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>necessarily committed in attempting by lawful ways and means to apprehend a person for a felony committed or in lawfully suppressing a riot, or in lawfully keeping and preserving the peace.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>In order to justify a homicide under paragraph (3) of subsection (b) of this section, the slayer, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to avoid or escape any further struggle before the homicide was committed.</content> </subsection> <page identifier="/us/stat/76a/455">455</page> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>A bare fear of the commission of any of the offenses mentioned in paragraphs (2) and (3) of subsection (b) of this section, to prevent which homicide may be lawfully committed, is not sufficient to justify it. The circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of those fears alone.</content> </subsection> </section> <section> <num value="1192">§ 1192. </num> <heading>Acquittal on showing of justification or excuse</heading> <content>Where a homicide appears to be justifiable or excusable the person charged shall, upon his trial, be acquitted and discharged.</content> </section> <section> <num value="1193">§ 1193. </num> <heading>Burden of establishing mitigation or justification upon trial for murder</heading> <content>Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter or that the act of the defendant, of which complaint is made, was justifiable or excusable.</content> </section> </chapter> <chapter> <num value="63">CHAPTER 63—</num><heading>INCEST</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1221.</designator> <label>Incest defined; punishment.</label></referenceItem> </toc> <section> <num value="1221">§ 1221. </num> <heading>Incest defined; punishment</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Marriages between parents and children, between ancestors and descendants of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, or aunts and nephews, whether the relationship is legitimate or illegitimate, are incestuous.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Persons being within the degrees of consanguinity within which marriages are declared by subsection (a) of this section to be incestuous, who intermarry, or who commit fornication or adultery with each other, shall be imprisoned in the penitentiary not more than 10 years.</content> </subsection> </section> </chapter> <chapter> <num value="65">CHAPTER 65—</num><heading>INCOMPETENT PERSONS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1251.</designator> <label>Cruelty toward incompetents.</label></referenceItem> </toc> <section> <num value="1251">§ 1251. </num> <heading>Cruelty toward incompetents</heading> <content>Whoever is guilty of harsh, cruel or unkind treatment of, or neglect of duty toward, an idiot, imbecile or insane person, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> </chapter> <chapter> <num value="67">CHAPTER 67—</num><heading>INDECENT OR IMMORAL CONDUCT</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1281.</designator> <label>Indecent or immoral conduct generally; rules and regulations; punishment.</label></referenceItem> <referenceItem role="section"><designator>1282.</designator> <label>Indecent exposures, exhibitions and pictures.</label></referenceItem> <referenceItem role="section"><designator>1283.</designator> <label>Seizure and destruction of indecent articles.</label></referenceItem> </toc> <section> <num value="1281">§ 1281. </num> <heading>Indecent or immoral conduct generally; rules and regulations; punishment</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>It is unlawful to engage in or permit any indecent or immoral conduct.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>For the purpose of enforcing subsection (a) of this section, the President may prescribe, and from time to time amend rules and regulations to assert and exercise the police power in the Canal Zone, or for any portion or division thereof.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Whoever violates a regulation issued pursuant to subsection (b) of this section shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </subsection> </section> <page identifier="/us/stat/76a/456">456</page> <section> <num value="1282">§ 1282. </num> <heading>Indecent exposures, exhibitions and pictures</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever willfully and lewdly:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>exposes the private parts of his person in a public place or a place where there is present another person to be offended or annoyed thereby;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>procures, counsels or assists a person so to expose himself, or to take part in a model artist exhibition, or to make any other exhibition of himself to public view or to the view of any number of persons, such as is offensive to decency, or is adapted to excite to lewd or vicious thoughts or acts;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>writes, composes, stereotypes, prints, publishes, sells, distributes, keeps for sale or exhibits an obscene or indecent writing, paper, publication, picture, film, print, figure, or book; or designs, copies, draws, engraves, paints or otherwise prepares an obscene or indecent picture, film, or print; or molds, casts or otherwise makes an obscene or indecent figure;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>produces, prepares, manufactures, sells, distributes, keeps for sale, exhibits, buys, rents, operates, uses, keeps or maintains recordings, transcriptions, or mechanical, chemical or electrical reproductions, or any other articles, equipment, machines or materials, used or intended to be used in producing or reproducing lewd or obscene song, ballad, or other words, whether spoken or sung;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>writes, composes or publishes a notice of advertisement of any item, article, equipment, machine, or material mentioned in paragraphs (3) and (4) of this subsection; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>sings or speaks a lewd or obscene song, ballad or other words in a public place, or in a place where there are persons present to be annoyed thereby—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall, except as provided by subsection (b) of this section, be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Upon a second and each subsequent conviction of violating paragraph (1) of subsection (a) of this section, or upon a first conviction of violating that paragraph after a previous conviction of violating section 543 of this title, the offender shall be imprisoned in the penitentiary not more than five years.</content> </subsection> </section> <section> <num value="1283">§ 1283. </num> <heading>Seizure and destruction of indecent articles</heading> <content> <p class="indent0 firstIndent1 fontsize10">Every person authorized or enjoined to arrest a person for a violation of paragraph (3), (4) or (5) of subsection (a) of section 1282 of this title shall seize any or all items, articles, equipment, machines, or materials, referred to in those paragraphs, found in the possession or under the control of the person arrested.</p> <p class="indent0 firstIndent1 fontsize10">Upon a conviction of the accused, and after the expiration of the time for appeal, any items, articles, equipment, machines, or materials, in respect whereof the accused stands convicted, shall be destroyed.</p> </content> </section> </chapter> <chapter> <num value="69">CHAPTER 69—</num><heading>KIDNAPING AND SIMILAR OFFENSES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1311.</designator> <label>Acts constituting kidnaping; punishment.</label></referenceItem> <referenceItem role="section"><designator>1312.</designator> <label>Kidnaping for ransom, extortion, or robbery; bodily harm; conspiracy.</label></referenceItem> <referenceItem role="section"><designator>1313.</designator> <label>Extortion by posing as kidnaper or by claiming ability to obtain release of victim.</label></referenceItem> <referenceItem role="section"><designator>1314.</designator> <label>Child stealing.</label></referenceItem> </toc> <section> <num value="1311">§ 1311. </num> <heading>Acts constituting kidnaping; punishment</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever, without lawful authority:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>forcibly steals, takes, or arrests a person and moves, carries, or takes him from one place to another within the Canal Zone or into any other jurisdiction;</content> </paragraph> <page identifier="/us/stat/76a/457">457</page> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>forcibly takes or arrests a person with a design to take him out of the Canal Zone without having established a claim according to the laws of the Canal Zone or of the United States applicable in the Canal Zone; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by false promises, misrepresentations, or the like, hires, persuades, entices, decoys, or seduces a person to go out of the Canal Zone or to be taken or removed therefrom with the intent to sell the person into slavery or involuntary servitude or otherwise to employ the person for his own use or for the use of another, without the free will and consent of the persuaded person, or unlawfully to deprive the person of his liberty—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">is guilty of kidnaping, and, except as otherwise provided in this chapter shall be imprisoned in the penitentiary not more than 25 years.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Paragraphs (1) and (2) of subsection (a) of this section do not apply to a person who commits an act described therein upon his own minor child.</content> </subsection> </section> <section> <num value="1312">§ 1312. </num> <heading>Kidnaping for ransom, extortion, or robbery; bodily harm; conspiracy</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>steals, seizes, takes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps, moves or carries away a person, by any means whatsoever, with intent to hold or detain him, or holds or detains him, for ransom or reward or for the purpose of committing extortion or of exacting money or other valuable thing from his relatives, friends or any other person; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>kidnaps or carries away a person for the purpose of committing robbery—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be punished by death if the kidnaped person has not been liberated unharmed, and if the jury so recommends, or by imprisonment in the penitentiary for any term of years or for life, if the death penalty is not imposed.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If two or more persons conspire to violate subsection (a) of this section, and one or more of them do any overt act to effect the object of the conspiracy, each of the conspirators shall be punished as provided in subsection (a) of this section.</content> </subsection> </section> <section> <num value="1313">§ 1313. </num> <heading>Extortion by posing as kidnaper or by claiming ability to obtain release of victim</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever, for the purpose of obtaining a ransom or reward, or with the intent to extort or exact from a person any money or thing of value, poses as, or in any manner represents himself to be, a person:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>who has stolen, seized, taken, confined, inveigled, enticed, decoyed, abducted, concealed, kidnaped, moved or carried away another person, or who holds or detains him, or who has aided or abetted in any such act; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>who has the influence, power, or ability to obtain the release of a person who has been stolen, seized, taken, confined, inveigled, enticed, decoyed, abducted, concealed, kidnaped, moved or carried away—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be imprisoned in the penitentiary for any term of years or for life.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Subsection (a) of this section does not prohibit a person who, in good faith, believes that he can rescue a person upon whom an act specified by section 1312(a)(1) of this title has been committed, and who has had no part in, or connection with, the commission thereof, front offering to rescue or obtain the release of the victim for a monetary consideration or other thing of value.</content> </subsection> </section> <page identifier="/us/stat/76a/458">458</page> <section> <num value="1314">§ 1314. </num> <heading>Child stealing</heading> <content>Whoever maliciously, forcibly or fraudulently takes or entices away a child under the age of 12 years, with intent to detain and conceal the child from its parent, guardian or other person having the lawful charge of the child, shall be imprisoned in the penitentiary not more than 20 years.</content> </section> </chapter> <chapter> <num value="71">CHAPTER 71—</num><heading>LARCENY AND EMBEZZLEMENT</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">larceny and related offenses</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1341.</designator> <label>Larceny defined and classified.</label></referenceItem> <referenceItem role="section"><designator>1342.</designator> <label>Grand larceny.</label></referenceItem> <referenceItem role="section"><designator>1343.</designator> <label>Petit larceny.</label></referenceItem> <referenceItem role="section"><designator>1344.</designator> <label>Value of written instruments stolen.</label></referenceItem> <referenceItem role="section"><designator>1345.</designator> <label>Value of passage tickets.</label></referenceItem> <referenceItem role="section"><designator>1346.</designator> <label>Written instruments completed but not delivered.</label></referenceItem> <referenceItem role="section"><designator>1347.</designator> <label>Larceny with respect to mortgaged or pledged personal property.</label></referenceItem> <referenceItem role="section"><designator>1348.</designator> <label>Severing and removing parts of realty.</label></referenceItem> <referenceItem role="section"><designator>1349.</designator> <label>Removal of improvements from mortgaged real property.</label></referenceItem> <referenceItem role="section"><designator>1350.</designator> <label>Larceny of lost property.</label></referenceItem> <referenceItem role="section"><designator>1351.</designator> <label>Neglect to notify owner of property saved from fire.</label></referenceItem> <referenceItem role="section"><designator>1352.</designator> <label>Stealing gas or electricity.</label></referenceItem> <referenceItem role="section"><designator>1353.</designator> <label>Stealing water.</label></referenceItem> <referenceItem role="section"><designator>1354.</designator> <label>Taking vehicle for temporary use.</label></referenceItem> <referenceItem role="section"><designator>1355.</designator> <label>Unauthorized use of vehicle by custodian.</label></referenceItem> <referenceItem role="section"><designator>1356.</designator> <label>Changing or defacing marks or brands on domestic animals.</label></referenceItem> <referenceItem role="section"><designator>1357.</designator> <label>Bringing in property stolen or received elsewhere.</label></referenceItem> <referenceItem role="section"><designator>1358.</designator> <label>Proof upon trial for larceny of money or securities.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">embezzlement</inline></label></referenceItem> <referenceItem role="section"><designator>1381.</designator> <label>Embezzlement defined.</label></referenceItem> <referenceItem role="section"><designator>1382.</designator> <label>Officers or persons generally.</label></referenceItem> <referenceItem role="section"><designator>1383.</designator> <label>Various classes of fiduciaries.</label></referenceItem> <referenceItem role="section"><designator>1384.</designator> <label>Carrier or individual transporting property for hire.</label></referenceItem> <referenceItem role="section"><designator>1385.</designator> <label>Bailee, tenant, lodger, or attorney in fact.</label></referenceItem> <referenceItem role="section"><designator>1386.</designator> <label>Clerk, agent or servant.</label></referenceItem> <referenceItem role="section"><designator>1387.</designator> <label>Evidence of debt as subject of embezzlement.</label></referenceItem> <referenceItem role="section"><designator>1388.</designator> <label>Bringing in property embezzled or received elsewhere.</label></referenceItem> <referenceItem role="section"><designator>1389.</designator> <label>Punishment for embezzlement.</label></referenceItem> <referenceItem role="section"><designator>1390.</designator> <label>Claim of title as defense.</label></referenceItem> <referenceItem role="section"><designator>1391.</designator> <label>Intent to restore property as defense.</label></referenceItem> <referenceItem role="section"><designator>1392.</designator> <label>Actual restoration as ground for mitigation of punishment.</label></referenceItem> <referenceItem role="section"><designator>1393.</designator> <label>Proof upon trial for embezzlement of money or securities.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Larceny and Related Offenses</heading> <section> <num value="1341">§ 1341. </num> <heading>Larceny defined and classified</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Larceny is the stealing, or the unlawful taking, carrying, leading or driving away of the personal property of another.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Larceny is of two degrees, the first of which is grand larceny; the second, petit larceny.</content> </subsection> </section> <section> <num value="1342">§ 1342. </num> <heading>Grand larceny</heading> <chapeau>Whoever, in committing the offense of larceny, takes property:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>which is of the value of $100 or more; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>from the person of another—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">is guilty of grand larceny, and shall be imprisoned in the penitentiary not more than 10 years.</continuation> </section> <section> <num value="1343">§ 1343. </num> <heading>Petit larceny</heading> <content>Whoever commits larceny under circumstances other than any of those constituting grand larceny is guilty of petit larceny, and shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <page identifier="/us/stat/76a/459">459</page> <section> <num value="1344">§ 1344. </num> <heading>Value of written instruments stolen</heading> <content>If the thing stolen consists of any evidence of debt or other written instrument, the amount of money due thereupon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, is the value of the thing stolen.</content> </section> <section> <num value="1345">§ 1345. </num> <heading>Value of passage tickets</heading> <content>If the thing stolen is a ticket, paper, or other writing entitling or purporting to entitle the holder or proprietor thereof to a passage upon a railroad, vessel, or other public conveyance, the price at which a ticket entitling a person to a like passage is usually sold by the proprietor of the conveyance is the value of the ticket, paper, or writing.</content> </section> <section> <num value="1346">§ 1346. </num> <heading>Written instruments completed but not delivered</heading> <content>This subchapter applies where the property taken is an instrument for the payment of money, evidence of debt, public security or passage ticket, completed or ready to be issued or delivered, although the same has never been issued or delivered by the makers thereof to any person as a purchaser or owner, or having other interests therein.</content> </section> <section> <num value="1347">§ 1347. </num> <heading>Larceny with respect to mortgaged or pledged personal property</heading> <chapeau>Whoever, after mortgaging personal property, or after pledging personal property as security for a loan or other security, during the existence of the mortgage or pledge, and with intent to defraud the mortgagee or pledgee, as the case may be, or the representatives or assigns of either:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>takes, drives or carries away, or otherwise removes, or permits the taking, driving or carrying away, or other removal of, the mortgaged or pledged property, or any part thereof, from the Canal Zone, without the written consent of the mortgagee or pledgee;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>sells, transfers, or in any manner further incumbers the mortgaged property, or any part thereof, unless, at or before the time of making the sale, transfer, or incumbrance, he informs the:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>person to whom the sale, transfer, or incumbrance is made of the existence of the prior mortgage; and</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>prior mortgagee of the intended sale, transfer, or encumbrance, in writing, by giving the name and place of residence of the person to whom the sale, transfer, or incumbrance is to be made;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>sells, or transfers the pledged property, or any part thereof, without the written consent of the pledgee; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>otherwise disposes of the mortgaged or pledged property, or any part thereof, without the written consent of the mortgagee or pledgee, as the case may be—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">is guilty of larceny, and shall be punished accordingly.</continuation> </section> <section> <num value="1348">§ 1348. </num> <heading>Severing and removing parts of realty</heading> <content>Where the thing taken is a fixture or part of the realty and is severed at the time of taking, this subchapter applies in the same manner as if the thing had been severed by another person at a previous time.</content> </section> <section> <num value="1349">§ 1349. </num> <heading>Removal of improvements from mortgaged real property</heading> <chapeau>Whoever, after mortgaging real property, during the existence of the mortgage, or after the mortgaged property has been sold under an order and decree of foreclosure, with the intent to defraud or injure <page identifier="/us/stat/76a/460">460</page> the mortgagee or his representatives, successors, or assigns, or the purchaser of the mortgaged premises at the foreclosure sale or his representatives or assigns, and without his or their written consent as the case may be:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>destroys or damages the mortgaged premises; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>takes, removes, or carries away, from the mortgaged premises, or otherwise disposes of, a house, barn, or other property affixed thereto as an improvement thereon, or permits any of those acts—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">is guilty of larceny, and shall be punished accordingly.</continuation> </section> <section> <num value="1350">§ 1350. </num> <heading>Larceny of lost property</heading> <content>Whoever finds lost property under circumstances which give him knowledge of, or means of inquiry as to, the true owner, and appropriates the property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and restore the property to him, is guilty of larceny, and shall be punished accordingly.</content> </section> <section> <num value="1351">§ 1351. </num> <heading>Neglect to notify owner of property saved from fire</heading> <content>Whoever saves from fire, or from a building endangered by fire, any property, and for two days thereafter corruptly neglects to notify the owner thereof, or the Chief, Fire Division, Canal Zone Government, shall be imprisoned in the penitentiary not more than 10 years.</content> </section> <section> <num value="1352">§ 1352. </num> <heading>Stealing gas or electricity</heading> <content>Whoever, with intent to injure or defraud, connects a pipe, tube, wire or other instrument with a main, service pipe or other pipe, wire or connection used for supplying illuminating gas or electricity in such a manner as to supply illuminating gas or electricity to a connection by or at which illuminating gas or electricity is consumed, around or without passing through a meter provided for measuring and registering the quantity consumed, or in any other manner so as to evade the payment therefor, or, with like intent, obstructs its action, shall be fined not more than $100 or imprisoned in jail not more than 80 days, or both.</content> </section> <section> <num value="1353">§ 1353. </num> <heading>Stealing water</heading> <chapeau>Whoever, with intent to injure or defraud:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>opens or draws water from a stopcock or faucet by which the flow of water is controlled, after having been notified that it has been closed or shut for specific cause, by order of competent authority; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>connects a pipe, tube or other instrument, with a main, service or other pipe, conduit or flume, for conducting water, for the purpose of taking water from the main, service pipe, conduit or flume, without the knowledge of the owner thereof, and with intent to evade payment therefor—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="1354">§ 1354. </num> <heading>Taking vehicle for temporary use</heading> <content>Whoever takes a vehicle without the permission of the owner or custodian thereof, for the purpose of temporarily using or operating the vehicle, shall, for the first offense, be fined not more than $100 or imprisoned in jail not more than 80 days, or both; and, for each subsequent offense, be fined not more than $500 or imprisoned in jail not more than 180 days, or both.</content> </section> <section> <num value="1355">§ 1355. </num> <heading>Unauthorized use of vehicle by custodian</heading> <content>Whoever, having the care, custody or possession of a vehicle, takes, hires, runs, drives or uses the vehicle, or takes or removes therefrom <page identifier="/us/stat/76a/461">461</page> any part thereof, without the owner’s consent, shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</content> </section> <section> <num value="1356">§ 1356. </num> <heading>Changing or defacing marks or brands on domestic animals</heading> <content>Whoever marks or brands, or alters or defaces the mark or brand of a horse, mare, colt, jack, mule, ox, steer, cow, calf, sheep, goat, hog, shoat or pig belonging to another with intent thereby to steal it, or to prevent identification thereof by the true owner, shall be imprisoned in the penitentiary not more than five years.</content> </section> <section> <num value="1357">§ 1357. </num> <heading>Bringing in property stolen or received elsewhere</heading> <content>Whoever, in a foreign country or State of the United States, steals the property of another, or receives such property, knowing it to have been stolen, and brings the property into the Canal Zone, may be tried, convicted and punished in the same manner as if the larceny or receiving had been committed in the Canal Zone.</content> </section> <section> <num value="1358">§ 1358. </num> <heading>Proof upon trial for larceny of money or securities</heading> <content>Upon a trial for larceny of money, bank notes, certificates or shares of stock, or valuable securities, the allegation of the complaint or information, as far as regards the description of the property, is sustained if the offender is proved to have stolen any money, bank notes, certificates or shares of stock, or valuable security, although the particular species of coin or other money, or the number, denomination, or kind of bank notes, certificates or shares of stock, or valuable security is not proved.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Embezzlement</heading> <section> <num value="1381">§ 1381. </num> <heading>Embezzlement defined</heading> <content>Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted.</content> </section> <section> <num value="1382">§ 1382. </num> <heading>Officers or persons generally</heading> <chapeau>Whoever, being an officer of the United States or a department or agency thereof, or a deputy, clerk or servant of such an officer, or an officer, director, trustee, clerk, servant, attorney or agent of an association, society or corporation, public or private, or any other person, and having, by virtue of his trust, any property in his possession or under his control:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>fraudulently appropriates the property; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>secretes the property with a fraudulent intent to appropriate it—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">to a use or purpose not in the due and lawful execution of his trust, is guilty of embezzlement, and shall be punished accordingly.</continuation> </section> <section> <num value="1383">§ 1383. </num> <heading>Various classes of fiduciaries</heading> <chapeau>Whoever, being a trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, collector, or person otherwise intrusted with, or having in his control, property for the use of another person,</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>fraudulently appropriates the property; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>secretes the property with a fraudulent intent to appropriate it—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">to a use or purpose not in the due and lawful execution of his trust, is guilty of embezzlement, and shall be punished accordingly.</continuation> </section> <section> <num value="1384">§ 1384. </num> <heading>Carrier or individual transporting property for hire</heading> <content>Whoever, being a carrier or other person having under his control personal property for the purpose of transportation for hire, fraudulently appropriates it to a use or purpose inconsistent with the safe-<page identifier="/us/stat/76a/462">462</page>keeping of the property and its transportation according to his trust, whether or not he has broken the package in which the property is contained or has otherwise separated the items thereof, is guilty of embezzlement and shall be punished accordingly.</content> </section> <section> <num value="1385">§ 1385. </num> <heading>Bailee, tenant, lodger, or attorney in fact</heading> <content>Whoever, being a person entrusted with property as bailee, tenant or lodger, or with a power of attorney for the sale or transfer thereof, fraudulently converts the property or the proceeds from the sale or transfer thereof to his own use or secretes it or them with a fraudulent intent to convert to his own use, is guilty of embezzlement and shall be punished accordingly.</content> </section> <section> <num value="1386">§ 1386. </num> <heading>Clerk, agent or servant</heading> <content>Whoever, being a clerk, agent, or servant of another person, fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use, property of another person which has come into his control or care by virtue of his employment as such a clerk, agent or servant, is guilty of embezzlement and shall be punished accordingly.</content> </section> <section> <num value="1387">§ 1387. </num> <heading>Evidence of debt as subject of embezzlement</heading> <content>Any evidence of debt, negotiable by delivery only, and actually executed, is a subject of embezzlement, whether it has been delivered or issued as a valid instrument or not. Where the property embezzled is an evidence of debt or right of action, the sum due upon it or evidenced to be paid by it shall be taken as its true value.</content> </section> <section> <num value="1388">§ 1388. </num> <heading>Bringing in property embezzled or received elsewhere</heading> <content>Whoever, in a foreign country or State of the United States, embezzles the property of another, or receives such property, knowing it to have been embezzled, and brings it into the Canal Zone, may be tried, convicted and punished in the same manner as if the embezzlement or receiving had been committed in the Canal Zone.</content> </section> <section> <num value="1389">§ 1389. </num> <heading>Punishment for embezzlement</heading> <content>Whoever is guilty of embezzlement shall be punished in the manner prescribed for stealing property of the value of that embezzled.</content> </section> <section> <num value="1390">§ 1390. </num> <heading>Claim of title as defense</heading> <content>Upon a prosecution for embezzlement, it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in good faith, even though the claim is untenable. This section does not excuse the unlawful retention of the property of another to offset or pay demands held against him.</content> </section> <section> <num value="1391">§ 1391. </num> <heading>Intent to restore property as defense</heading> <content>The fact that the accused intended to restore the property embezzled is not a ground of defense or of mitigation of punishment, if it has not been restored before a complaint is laid before a magistrate or an information is filed in the district court charging the commission of the offense.</content> </section> <section> <num value="1392">§ 1392. </num> <heading>Actual restoration as ground for mitigation of punishment</heading> <content>If, prior to a complaint laid before a magistrate or an information filed in the district court, charging the commission of embezzlement, the accused person voluntarily and actually restored or tendered restoration of the property alleged to have been embezzled, or any part thereof, the fact of restoration or tender is not a ground of defense, but it authorizes the court to mitigate punishment, in its discretion.</content> </section> <page identifier="/us/stat/76a/463">463</page> <section> <num value="1393">§ 1393. </num> <heading>Proof upon trial for embezzlement of money or securities</heading> <chapeau>Upon a trial for embezzlement of money, bank notes, certificates or shares of stock, or valuable securities, the allegation of the complaint or information as far as regards the description of the property, is sustained if the offender is proved to have embezzled:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>any money, bank notes, certificates or shares of stock, or valuable security, although the particular species of coin or other money, or the number, denomination, or kind of bank notes, certificates or shares of stock, or valuable security is not proved; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a piece of coin or other money, a bank note, certificate or share of stock, or valuable security, although it may have been delivered to him in order that a part of the value thereof should be returned to the party delivering it, and the part has been returned accordingly.</content> </paragraph> </section> </subchapter> </chapter> <chapter> <num value="73">CHAPTER 73—</num><heading>LETTERS AND MESSAGES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1421.</designator> <label>Opening, reading, or publishing sealed letter.</label></referenceItem> <referenceItem role="section"><designator>1422.</designator> <label>Refusal or neglect to send or deliver message.</label></referenceItem> <referenceItem role="section"><designator>1423.</designator> <label>Use of information derived from private messages.</label></referenceItem> <referenceItem role="section"><designator>1424.</designator> <label>Fraudulently obtaining or using contents of message.</label></referenceItem> <referenceItem role="section"><designator>1425.</designator> <label>Bribing agent to disclose message; use of information.</label></referenceItem> <referenceItem role="section"><designator>1426.</designator> <label>Disclosure of telegraphic, cable or telephonic message.</label></referenceItem> <referenceItem role="section"><designator>1427.</designator> <label>Altering telegraphic, cable or telephonic message.</label></referenceItem> <referenceItem role="section"><designator>1428.</designator> <label>Opening or fraudulently obtaining telegraphic, cable or telephonic message of another.</label></referenceItem> </toc> <section> <num value="1421">§ 1421. </num> <heading>Opening, reading, or publishing sealed letter</heading> <chapeau>Whoever willfully and without being authorized to do so either by the writer of the letter or the person to whom it is addressed:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>opens or reads, or causes to be read, a sealed letter not addressed to himself; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>publishes any of the contents of the letter, knowing the same to have been unlawfully opened—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="1422">§ 1422. </num> <heading>Refusal or neglect to send or deliver message</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever, being an agent, operator or employee of a telegraph, cable or telephone office, willfully:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>refuses or neglects to send a message received at the office for transmission; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>postpones the message out of its order; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>refuses or neglects to deliver a message received by telegraph, cable or telephone—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Subsection (a) of this section does not require:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a message to be received, transmitted or delivered unless the charges thereon have been paid or tendered; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau>the sending, receiving or delivery of a message:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>counseling, aiding, abetting or encouraging treason or other resistance to lawful authority; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau>calculated to:</chapeau> <clause class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>further a fraudulent plan or purpose; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content>instigate or encourage the perpetration of an unlawful act; or</content> </clause> <clause class="firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content>facilitate the escape of a criminal or person accused of crime;</content> </clause> <continuation class="indent0 firstIndent0 fontsize10">or;</continuation> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>containing abusive, blasphemous or indecent language.</content> </subparagraph> </paragraph> </subsection> </section> <page identifier="/us/stat/76a/464">464</page> <section> <num value="1423">§ 1423. </num> <heading>Use of information derived from private messages</heading> <chapeau>Whoever, being an agent, operator or employee of a telegraph, cable or telephone office:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in any way uses or appropriates information derived by him from a private message passing through his hands addressed to another person, or in any other manner acquired by him by reason of his trust as such agent, operator or employee; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>trades or speculates upon any such information so obtained, or in any manner turns, or attempts to turn the information to his own account, profit or advantage—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</continuation> </section> <section> <num value="1424">§ 1424. </num> <heading>Fraudulently obtaining or using contents of message</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in any manner, willfully and fraudulently reads, or attempts to read, a message, or to learn the contents thereof, while the message is being sent over a telegraph line; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>willfully and fraudulently learns, or attempts to learn, the contents or meaning of a massage while the message is in a telegraph or cable office, or is being received thereat or sent therefrom; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>uses or attempts to use, or communicates to others, any information so obtained—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</continuation> </section> <section> <num value="1425">§ 1425. </num> <heading>Bribing agent to disclose message; use of information</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by the payment or promise of a bribe, inducement or reward, procures, or attempts to procure, a telegraphs cable or telephone agent, operator or employee to disclose a private message, or the contents, purport, substance, or meaning thereof; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>offers to pay a telegraph, cable or telephone agent, operator or employee a bribe, compensation or reward for the disclosure of any private information received by him by reason of his trust as such agent, operator or employee; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>uses, or attempts to use, any information so obtained—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</continuation> </section> <section> <num value="1426">§ 1426. </num> <heading>Disclosure of telegraphic, cable or telephonic message</heading> <content>Whoever willfully discloses the contents of a telegraphic, cable or telephonic message, or a part thereof, addressed to another person, without the permission of that person, unless directed so to do by the lawful order of a court, shall be punished by a fine of not more than $5,000, or by imprisonment in jail for not more than one year or in the penitentiary for not more than five years, or by both such fine and imprisonment.</content> </section> <section> <num value="1427">§ 1427. </num> <heading>Altering telegraphic, cable or telephonic message</heading> <content>Whoever willfully alters the purport, effect or meaning of a telegraphic, cable, or telephonic message to the injury of another, shall be punished by a fine of not more than $5,400, or by imprisonment in jail for not more than one year or in the penitentiary for not more than five years, or by both such fine and imprisonment.</content> </section> <page identifier="/us/stat/76a/465">465</page> <section> <num value="1428">§ 1428. </num> <heading>Opening or fraudulently obtaining telegraphic, cable or telephonic message of another</heading> <chapeau>Whoever, not being connected with a telegraph, cable or telephone office:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>willfully opens a sealed envelope enclosing a telegraphic, cable or telephonic message and addressed to another person, without the authority or consent of the person to whom it is directed, and with the purpose of learning the contents of the message; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>fraudulently represents another person and thereby procures to be delivered to himself a telegraphic, cable or telephonic message addressed to the other person, with the intent to use, destroy or detain it from the person entitled to receive it—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be punished by a fine of not more than $5,000, or by imprisonment in jail for not more than one year or in the penitentiary for not more than five years, or by both such fine and imprisonment.</continuation> </section> </chapter> <chapter> <num value="75">CHAPTER 75—</num><heading>LIBEL</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1461.</designator> <label>Libel defined.</label></referenceItem> <referenceItem role="section"><designator>1462.</designator> <label>Punishment for libel.</label></referenceItem> <referenceItem role="section"><designator>1463.</designator> <label>Malice presumed.</label></referenceItem> <referenceItem role="section"><designator>1464.</designator> <label>Truth and good motives as a defense.</label></referenceItem> <referenceItem role="section"><designator>1465.</designator> <label>Publication defined.</label></referenceItem> <referenceItem role="section"><designator>1466.</designator> <label>Liability of editors, proprietors and authors.</label></referenceItem> <referenceItem role="section"><designator>1467.</designator> <label>True reports of public and official proceedings.</label></referenceItem> <referenceItem role="section"><designator>1468.</designator> <label>Other privileged communications.</label></referenceItem> <referenceItem role="section"><designator>1469.</designator> <label>Threatening to publish libel.</label></referenceItem> <referenceItem role="section"><designator>1470.</designator> <label>Offer to prevent publication, with intent to extort.</label></referenceItem> </toc> <section> <num value="1461">§ 1461. </num> <heading>Libel defined</heading> <content>A libel is a malicious defamation, expressed either by writing, printing or by signs or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or to publish the natural or alleged defects of one who is alive, and thereby to expose him to public hatred, contempt or ridicule.</content> </section> <section> <num value="1462">§ 1462. </num> <heading>Punishment for libel</heading> <content>Whoever willfully and with a malicious intent to injure another person publishes or procures to be published a libel shall be fined not more than $5,000 or imprisoned in the penitentiary not more than one year, or both.</content> </section> <section> <num value="1463">§ 1463. </num> <heading>Malice presumed</heading> <content>An injurious publication is presumed to have been malicious if no justifiable motive for making it is shown.</content> </section> <section> <num value="1464">§ 1464. </num> <heading>Truth and good motives as a defense</heading> <content>In criminal prosecutions for libel the truth may be given in evidence to the jury, and if it appears to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends the defendant shall be acquitted.</content> </section> <section> <num value="1465">§ 1465. </num> <heading>Publication defined</heading> <content>To sustain a charge of publishing a libel, it is not required that the words or things complained of should have been read or seen by another. It is enough that the accused knowingly parted with the immediate custody of the libel under circumstances which exposed it to be read or seen by any other person than himself.</content> </section> <section> <num value="1466">§ 1466. </num> <heading>Liability of editors, proprietors and authors</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Every author, editor or proprietor of a book, newspaper or serial publication and every manager of a partnership or incorporated association by which a book, newspaper or serial publication <page identifier="/us/stat/76a/466">466</page> is issued, is chargeable with the publication of any matter contained therein. But in a prosecution for libel the defendant may show in his defense that the matter complained of was published without his knowledge or fault and against his wishes, by another who had no authority from him to make the publication and whose act was disavowed by him as soon as known.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The author of a libel in all cases is equally guilty and is subject to the same punishment as the publisher, owner or proprietor of the newspaper or other printed publication in which the libelous article appears. The punishment prescribed in section 1462 of this title is applicable to this section.</content> </subsection> </section> <section> <num value="1467">§ 1467. </num> <heading>True reports of public and official proceedings</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A prosecution for libel may not be maintained against a person, firm, or corporation, for the publication of a fair and true report of a judicial, legislative or other public and official proceedings, or for any heading of the report which is a fair and true headnote of the statement published.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Subsection (a) of this section does not apply to a libel contained in any other matter added by a person concerned in the publication; or in the report of anything said or done at the time and place of the public and official proceedings which was not a part thereof.</content> </subsection> </section> <section> <num value="1468">§ 1468. </num> <heading>Other privileged communications</heading> <content>A communication made to a person interested in the communication by one who was also interested, or who stood in such relation to the former as to afford a reasonable ground for supposing his motive innocent, is not presumed to be malicious and is a privileged communication.</content> </section> <section> <num value="1469">§ 1469. </num> <heading>Threatening to publish libel</heading> <content>Whoever threatens another to publish a libel concerning him, or a parent, husband, wife or child of the persons or member of his family, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="1470">§ 1470. </num> <heading>Offer to prevent publication, with intent to extort</heading> <content>Whoever offers to prevent the publication of a libel upon another person, with intent to extort money or other valuable consideration from any person, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> </chapter> <chapter> <num value="77">CHAPTER 77—</num><heading>LOTTERIES AND GAMBLING</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">lotteries</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1501.</designator> <label>“Lottery” and “lottery ticket” defined.</label></referenceItem> <referenceItem role="section"><designator>1502.</designator> <label>Establishment or promotion of lottery.</label></referenceItem> <referenceItem role="section"><designator>1503.</designator> <label>Selling tickets or being concerned in lottery as owner or agent.</label></referenceItem> <referenceItem role="section"><designator>1504.</designator> <label>Publishing account of lottery.</label></referenceItem> <referenceItem role="section"><designator>1505.</designator> <label>Causing tickets or advertisements to be brought in for distribution.</label></referenceItem> <referenceItem role="section"><designator>1506.</designator> <label>Raffles or gift enterprises for charitable purposes.</label></referenceItem> <referenceItem role="section"><designator>1507.</designator> <label>Proof upon trial for violation of lottery laws.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">gambling</inline></label></referenceItem> <referenceItem role="section"><designator>1531.</designator> <label>Conducting gambling game for percentage.</label></referenceItem> <referenceItem role="section"><designator>1532.</designator> <label>Possessing or permitting maintenance of gambling device or game.</label></referenceItem> <referenceItem role="section"><designator>1533.</designator> <label>Possessing or permitting maintenance of slot or other gambling machine.</label></referenceItem> </toc> <page identifier="/us/stat/76a/467">467</page> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Lotteries</heading> <section> <num value="1501">§ 1501. </num> <heading>“Lottery” and “lottery ticket” defined</heading> <content> <p class="indent0 firstIndent1 fontsize10">As used in this chapter:</p> <p class="indent0 firstIndent1 fontsize10">“lottery” includes a lottery policy-lottery, gift concert or similar enterprise of any description by whatever name, style or title it may be designated or known; and</p> <p class="indent0 firstIndent1 fontsize10">“lottery ticket” includes a lottery ticket, order or device of any kind, for or representing any number of shares or an interest in a lottery or scheme of chance.</p> </content> </section> <section> <num value="1502">§ 1502. </num> <heading>Establishment or promotion of lottery</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>establishes, sets on foot, maintains, carries on, makes, or draws a lottery, whether publicly or privately; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by such means, exposes, sets aside, or offers for sale real or personal property, a certificate of claim, or anything of value or token thereof—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</continuation> </section> <section> <num value="1503">§ 1503. </num> <heading>Selling tickets or being concerned in lottery as owner or agent</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>vends, sells, barters, or disposes of a lottery ticket; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>is concerned in any manner in a lottery or scheme of chance by acting as owner or agent for or on behalf of a lottery or scheme of chance to be drawn, paid, or carried on, either outside or within the Canal Zone—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</continuation> </section> <section> <num value="1504">§ 1504. </num> <heading>Publishing account of lottery</heading> <chapeau>Whoever, by printing, writing, or in any other way, publishes an account of a lottery or scheme of chance to be carried on, held, or drawn either outside or within the Canal Zone—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>stating when or where a lottery or scheme of chance is to be drawn for the prizes therein or any of them;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>stating any information in relation to the drawing or prizes or any of them, the price of the ticket, show or chances therein, or where a ticket may be obtained;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in any way aiding or assisting in the lottery or scheme of chance; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>in any way giving publicity to the lottery or scheme of chance—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</continuation> </section> <section> <num value="1505">§ 1505. </num> <heading>Causing tickets or advertisements to be brought in for distribution</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>causes any papers, certificates or instruments purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery or other enterprise offering prizes dependent upon lot or chance, to be brought into the Canal Zone from abroad for the purpose of depositing them in the Canal Zone or of disposing of them or having them disposed of therein; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>causes an advertisement of a lottery or other enterprise offering prizes dependent upon lot or chance to be brought into the Canal Zone or deposited or circulated therein—</content> </paragraph> <page identifier="/us/stat/76a/468">468</page> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</continuation> </section> <section> <num value="1506">§ 1506. </num> <heading>Raffles or gift enterprises for charitable purposes</heading> <content>The Governor may issue a permit for conducting a raffle or gift enterprise whenever it appears to him after proper investigation that the gross proceeds of the enterprise are to be used for charitable purposes. When the permit has been issued by the Governor, sections 1501–1506 of this title do not apply to the raffle or gift enterprise it authorizes to be conducted.</content> </section> <section> <num value="1507">§ 1507. </num> <heading>Proof upon trial for violation of lottery laws</heading> <chapeau>Upon a trial for the violation of a provision of this subchapter, or other law for the suppression of lotteries, it is not necessary to prove:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the existence of a lottery in which a lottery ticket purports to have been issued;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the actual signing of a lottery ticket or share of a pretended lottery; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that a lottery ticket, share or interest was signed or issued by the authority of a manager or person assuming to have authority as manager.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Proof of the sale, furnishing, bartering or procuring of a ticket, share or interest therein, or of an instrument purporting to be a ticket, or part or share of any such ticket, is evidence that the share or interest was signed and issued according to the purport thereof.</continuation> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Gambling</heading> <section> <num value="1531">§ 1531. </num> <heading>Conducting gambling game for percentage</heading> <content>Whoever, either as owner, agent or employee, conducts or carries on, whether for gain or a chance for gain by deducting a percentage either of the profits or of the stake being hazarded, any game for money, checks, credit or other representative of value, shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</content> </section> <section> <num value="1532">§ 1532. </num> <heading>Possessing or permitting maintenance of gambling device or game</heading> <content>Whoever has in his possession or under his control, or permits to be placed, maintained or kept in a room, space, inclosure or building owned, leased or occupied by him, or under his control or management, a device or game on which money or other valuable thing is staked or hazarded and as a result the money or valuable thing may be won or lost, shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</content> </section> <section> <num value="1533">§ 1533. </num> <heading>Possessing or permitting maintenance of slot or other gambling machine</heading> <content>Whoever has in his possession or under his control, either as owner, agent, employee or otherwise, or permits to be placed, maintained or kept in any room, space, inclosure or building owned, leased or occupied by him, or under his management or control, a slot or card machine, contrivance, appliance or mechanical device, upon the result of action of which money or other valuable thing is staked or hazarded, and which is operated or played by placing or depositing therein coins, checks, slugs or other articles or device, or in any other manner, and by means whereof, or as a result of the operation of which, any merchandise, money, check, token or other representative or article of value, redeemable in or exchangeable for money or any other thing of value, is won or lost, shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</content> </section> </subchapter> </chapter> <page identifier="/us/stat/76a/469">469</page> <chapter> <num value="79">CHAPTER 79—</num><heading>MALICIOUS OR OTHER INJURY TO PROPERTY</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">malicious mischief generally</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1561.</designator> <label>Malicious injury to property generally.</label></referenceItem> <referenceItem role="section"><designator>1562.</designator> <label>Willful injury to real property.</label></referenceItem> <referenceItem role="section"><designator>1563.</designator> <label>Incendiarism.</label></referenceItem> <referenceItem role="section"><designator>1564.</designator> <label>Injury to or destruction of fence.</label></referenceItem> <referenceItem role="section"><designator>1565.</designator> <label>Injuring or tampering with vehicle, motorboat, launch or aircraft.</label></referenceItem> <referenceItem role="section"><designator>1566.</designator> <label>Destruction of written instrument belonging to another.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">injuries to canal property or other public or semi-public property</inline></label></referenceItem> <referenceItem role="section"><designator>1591.</designator> <label>Injury to or obstruction of Canal, locks, or dams.</label></referenceItem> <referenceItem role="section"><designator>1592.</designator> <label>Injuring or obstructing communication, power, lighting, control, or signal lines, stations, or systems; hindering transmission.</label></referenceItem> <referenceItem role="section"><designator>1593.</designator> <label>Destroying boundary or subaqueous cable markers.</label></referenceItem> <referenceItem role="section"><designator>1594.</designator> <label>Injury to or removal of boundary or survey monuments.</label></referenceItem> <referenceItem role="section"><designator>1595.</designator> <label>Injury to monuments, works of art, or trees.</label></referenceItem> <referenceItem role="section"><designator>1596.</designator> <label>Breaking or obstructing gas or water pipes.</label></referenceItem> <referenceItem role="section"><designator>1597.</designator> <label>Injuring water system or fire protection apparatus, etc.; misusing or wasting water.</label></referenceItem> <referenceItem role="section"><designator>1598.</designator> <label>Taking water from or disturbing irrigation or other canals, etc.</label></referenceItem> <referenceItem role="section"><designator>1599.</designator> <label>Injury to structures erected to create power or conduct or store water.</label></referenceItem> <referenceItem role="section"><designator>1600.</designator> <label>Destroying or injuring places of confinement.</label></referenceItem> <referenceItem role="section"><designator>1601.</designator> <label>Regulations governing placement of signs on lands or structures in Canal Zone; penalties for violation.</label></referenceItem> <referenceItem role="section"><designator>1602.</designator> <label>Trespassing upon posted Government reservations; destruction or removal of signs.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Malicious Mischief Generally</heading> <section> <num value="1561">§ 1561. </num> <heading>Malicious injury to property generally</heading> <content>Whoever maliciously injures or destroys any real or personal property not his own, in cases otherwise than such as are specified in this title, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. The specification of the acts enumerated in the other sections of this subchapter and in sections 232, 233, 1106 and 1421 of this title does not restrict or qualify the interpretation of this section.</content> </section> <section> <num value="1562">§ 1562. </num> <heading>Willful injury to real property</heading> <chapeau>Whoever willfully commits a trespass by either:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>cutting down, destroying or injuring any kind of wood or timber standing or growing upon the lands of another, or upon public lands;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>carrying away any kind of wood or timber lying on such lands;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>maliciously injuring or destroying standing crops, fruits, or vegetables, the property of another, in any case for which a punishment is not otherwise prescribed by this title;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>digging, taking or carrying away from any lot without the license of the owner or legal occupant thereof, earth, soil or stone;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>digging, taking or carrying away from any land recognized or established as a street, alley, avenue or park, without the license of the proper authorities, earth, soil or stone; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>putting up, affixing, fastening, printing or painting upon the property of any person, without license from the owner, a notice, advertisement, or designation of, or any name for any commodity, whether for sale or otherwise, or a picture, sign or device intended to call attention thereto—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail for not more than 30 days, or both.</continuation> </section> <page identifier="/us/stat/76a/470">470</page> <section> <num value="1563">§ 1563. </num> <heading>Incendiarism</heading> <content>Whoever maliciously burns a building, structure, vessel, boat, craft, or vehicle, not the subject of arson, or any growing or standing crop, grass or tree, or any grass, forest, woods, timber, brush-covered land, or slashing, cut over land, or a bridge, tent, fence, railroad car, lumber, or railroad tie, not his property, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years, or both.</content> </section> <section> <num value="1564">§ 1564. </num> <heading>Opening or injuring fence</heading> <content>Whoever willfully or maliciously opens and leaves open, or injures or destroys, a fence on the enclosed land of another, to make passage through the enclosure, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="1565">§ 1565. </num> <heading>Injuring or tampering with vehicle, motorboat, launch or aircraft</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever without the consent of the owner of a vehicle:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>willfully injures or tampers with the vehicle or the contents thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>breaks or removes any part of or from the vehicle;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>climbs into or upon the vehicle whether it is in motion or at rest, with intent to commit malicious mischief, or injury or other crimes; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>manipulates or attempts to manipulate any of the levers, starting mechanism, brakes, or other mechanism or device of the vehicle while it is at rest and unattended—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>As used in subsection (a) of this section, “vehicle” has the meaning given to it by section 61 of Title 1, and also includes a motorboat, launch, or aircraft.</content> </subsection> </section> <section> <num value="1566">§ 1566. </num> <heading>Destruction of written instrument belonging to another</heading> <content>Whoever maliciously mutilates, tears, defaces, obliterates or destroys a written instrument, the property of another, the false making of which would be forgery, shall be imprisoned in the penitentiary not more than five years.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Injuries to Canal Property or Other Public or Semi-Public Property</heading> <section> <num value="1591">§ 1591. </num> <heading>Injury to or obstruction of Canal, locks, or dams</heading> <content>Whoever, by any means or in any way, injures or obstructs or attempts to injure or obstruct any part of the Panama Canal or the locks or dams thereof or the approaches thereto, shall be fined not more than $10,000 or imprisoned in the penitentiary not more than 20 years, or both.</content> </section> <section> <num value="1592">§ 1592. </num> <heading>Injuring or obstructing communication, power, lighting, control, or signal lines, stations, or systems; hindering transmission</heading> <chapeau>Whoever willfully or maliciously:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>injures or destroys any of the works, property, or material of a radio, telegraph, telephone, cable, or television line, station, or system, or other means of communication, or of a power or lighting line, station, or system, or other means of power or lighting transmission or distribution, or of a control or signal line, station, or system, whether any such line, station, or system be constructed or in process of construction;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>interferes in any way with the working or use of any such line, station, or system; or</content> </paragraph> <page identifier="/us/stat/76a/471">471</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>obstructs, hinders, or delays the transmission or distribution of power or lighting by means of any such line, station, or system—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $10,000 or imprisoned in the penitentiary, not more than ten years, or both.</continuation> </section> <section> <num value="1593">§ 1593. </num> <heading>Destroying boundary or subaqueous cable markers</heading> <chapeau>Whoever willfully or maliciously:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>removes a monument erected for the purpose of designating a point in the boundary of a lot or tract of land, or a place where a subaqueous telegraph cable lies;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>defaces or alters the marks upon a monument erected for the purpose mentioned in paragraph (1) of this section; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>cuts down or removes a tree upon which marks have been made for the purpose mentioned in paragraph (1) of this section, with intent to destroy the marks—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="1594">§ 1594. </num> <heading>Injury to or removal of boundary or survey monuments</heading> <content>Whoever willfully injures, defaces or removes a signal monument, building or appurtenance thereto, placed, erected or used by persons engaged in the United States Coast and Geodetic Surveys, surveys of the United States Army, Navy, or Air Force, or other Government surveys, or the Panama Canal Company, or a public service company, knowing it to be a boundary or survey monument, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="1595">§ 1595. </num> <heading>Injury to monuments, works of art, or trees</heading> <content>Whoever, not the owner thereof, willfully injures, disfigures or destroys a monument, work of art, or useful or ornamental improvement, or a shade tree or ornamental plant growing therein, whether situated upon private grounds or on a street, sidewalk or public park, or place, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="1596">§ 1596. </num> <heading>Breaking or obstructing gas or water pipes</heading> <content>Whoever willfully breaks, digs up, obstructs or injures a pipe or main for conducting gas or water, or works erected for supplying buildings with gas or water, or an appurtenance or appendage connected therewith, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="1597">§ 1597. </num> <heading>Injuring water system or fire protection apparatus, etc.; misusing or wasting water</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>without authority, removes, obstructs, injures, molests, or tampers with any tool, fixture, apparatus, equipment, machinery or building of any kind whatsoever connected with or necessary to the proper and efficient operation of the water systems or for fire protection within the Canal Zone; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>willfully misuses or wastes, or causes to be misused or wasted, water supplied from the water mains owned or operated by any agency of the United States—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <page identifier="/us/stat/76a/472">472</page> <section> <num value="1598">§ 1598. </num> <heading>Taking water from or disturbing irrigation or other canals, etc.</heading> <chapeau>Whoever, without authority of the owner or managing agent:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>takes water from a canal, ditch, flume or reservoir used for the purpose of holding or conveying water for manufacturing, agriculture, irrigation, generation of power, or domestic uses, with intent to defraud;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>raises, lowers, or otherwise disturbs a gate or other apparatus thereof used for the control or measurement of water; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>empties or places into a canal, ditch, flume or reservoir, used for any of the purposes mentioned in paragraph (1) of this section, rubbish, filth or obstruction to the free flow of the water—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="1599">§ 1599. </num> <heading>Injury to structures erected to create power or conduct or store water</heading> <chapeau>Whoever willfully or maliciously:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>cuts, breaks, injures or destroys a bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir or other structure erected to create hydraulic power, or to drain or reclaim a swamp or overflowed tide or marsh land, or to store or conduct water for agricultural or other purposes, or for the supply of the inhabitants of a city or town, or an embankment necessary to it, or either of them;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>makes an aperture in a dam, canal, flume, aqueduct, reservoir, embankment, levee or structure erected for any of the purposes mentioned in paragraph (1) of this section, with intent to injure or destroy it; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>draws up, cuts or injures a pile fixed in the ground for the purpose of securing a sea bank or sea wall, or a dock, quay, jetty, lock or sea wall—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $1,000 or imprisoned in the penitentiary not more than two years, or both.</continuation> </section> <section> <num value="1600">§ 1600. </num> <heading>Destroying or injuring places of confinement</heading> <content>Whoever willfully destroys or injures a public jail or other place of confinement, shall be fined not more than $10,000 or imprisoned in the penitentiary not more than five years, or both; but if the damage or injury to the jail or other place of confinement is determined to be $200 or less, he shall be fined not more than $500 or imprisoned in jail not more than 180 days, or both.</content> </section> <section> <num value="1601">§ 1601. </num> <heading>Regulations governing placement of signs on lands or structures in Canal Zone; penalties for violation</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The Governor may prescribe, and from time to time amend, regulations governing the construction or placing of signs, bills, posters, or other advertising devices on lands, buildings, or other structures in the Canal Zone.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Whoever violates a regulation issued under subsection (a) of this section shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. Every day that an advertising device remains upon land or a structure, in violation of a regulation issued under subsection (a) of this section, constitutes a separate offense.</content> </subsection> </section> <section> <num value="1602">§ 1602. </num> <heading>Trespassing upon posted Government reservations; destruction or removal of signs</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The Governor may cause any reservation or other place belonging to or under the control of the United States or an agency thereof to be posted by printed or painted signs, conspicuously placed at or near the reservation or place from which the public is to be ex-<page identifier="/us/stat/76a/473">473</page>cluded, which shall, in plain and simple words, warn all persons against trespassing upon the reservation or place.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Whoever goes into or upon a reservation or place that has been posted as prescribed in subsection (a) of this section, without the permission of the person in charge thereof, is guilty of trespassing, and shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Whoever, without proper authority, willfully injures, destroys, or removes a sign placed or erected under the provisions of subsection (a) of this section, shall be fined not more than $100 or imprisoned in jail not more than 90 days, or both.</content> </subsection> </section> </subchapter> </chapter> <chapter> <num value="81">CHAPTER 81—</num><heading>MARRIAGES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1631.</designator> <label>Forcible marriage; defilement.</label></referenceItem> <referenceItem role="section"><designator>1632.</designator> <label>False return of, or falsely recording, marriage.</label></referenceItem> </toc> <section> <num value="1631">§ 1631. </num> <heading>Forcible marriage; defilement</heading> <chapeau>Whoever takes a woman unlawfully, against her will, and by force, menace or duress, compels her to:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>marry him;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>marry another person; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>be defiled—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be imprisoned in the penitentiary not more than 14 years.</continuation> </section> <section> <num value="1632">§ 1632. </num> <heading>False return of, or falsely recording, marriage</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>being authorized to solemnize marriages, willfully makes a false return of a marriage or pretended marriage to the court; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>makes a false record of a marriage return—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $200 or imprisoned in jail not more than one year, or both.</continuation> </section> </chapter> <chapter> <num value="83">CHAPTER 83—</num><heading>MAYHEM</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1661.</designator> <label>Acts constituting mayhem; punishment.</label></referenceItem> </toc> <section> <num value="1661">§ 1661. </num> <heading>Acts constituting mayhem; punishment</heading> <content>Whoever unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear or lip, is guilty of mayhem, and shall be imprisoned in the penitentiary not more than 15 years.</content> </section> </chapter> <chapter> <num value="85">CHAPTER 85—</num><heading>MOTOR AND OTHER VEHICLES</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1691.</designator> <label>Duty of drivers of vehicles in collision; punishment for violation.</label></referenceItem> <referenceItem role="section"><designator>1692.</designator> <label>Reckless driving or operation of a vehicle.</label></referenceItem> <referenceItem role="section"><designator>1693.</designator> <label>Driving vehicle while intoxicated.</label></referenceItem> <referenceItem role="section"><designator>1694.</designator> <label>Same; causing death or bodily injury.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">chemical test for intoxication</inline></label></referenceItem> <referenceItem role="section"><designator>1711.</designator> <label>Implied consent of driver to submit to test to determine alcoholic content of blood.</label></referenceItem> <referenceItem role="section"><designator>1712.</designator> <label>Persons qualified to administer tests; additional tests; release of information.</label></referenceItem> <referenceItem role="section"><designator>1713.</designator> <label>Consent of person incapable of refusal not withdrawn.</label></referenceItem> <referenceItem role="section"><designator>1714.</designator> <label>Revocation of driving privilege upon refusal to submit to test; regulations; temporary suspension pending hearing.</label></referenceItem> <referenceItem role="section"><designator>1715.</designator> <label>Interpretation of chemical tests.</label></referenceItem> <referenceItem role="section"><designator>1716.</designator> <label>Effect of evidence of chemical tests.</label></referenceItem> </toc> <page identifier="/us/stat/76a/474">474</page> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="1691">§ 1691. </num> <heading>Duty of drivers of vehicles in collision; punishment for violation</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>When a vehicle strikes a person, or collides with a vehicle containing a person, the driver of and all persons in, the vehicle doing the striking or colliding, who have or assume authority over the driver, shall:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>immediately cause the vehicle to stop;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>render to the person struck, or to the occupants of the vehicle collided with, all necessary assistance including the carrying of the person or occupant to a physician or surgeon for medical or surgical treatment if treatment is required or if the carrying to a physician or surgeon is requested by the person struck or the occupant of the vehicle struck; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>either remain at the scene of the accident until the arrival of the police authorities or communicate a full report of the accident to the nearest police authorities without delay.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Whoever violates subsection (a) of this section shall be punished by a fine of not more than $5,000, or by imprisonment in the penitentiary for not more than five years or in jail for not more than one year, or by both such fine and imprisonment.</content> </subsection> </section> <section> <num value="1692">§ 1692. </num> <heading>Reckless driving or operation of a vehicle</heading> <content>Whoever drives or operates a vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving, and shall be fined not more than $250 or imprisoned in jail not more than 60 days, or both; but if the reckless driving proximately causes bodily injury to a person, the person so driving the vehicle shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</content> </section> <section> <num value="1693">§ 1693. </num> <heading>Driving vehicle while intoxicated</heading> <content>Whoever, while driving or operating a vehicle, is intoxicated or becomes intoxicated, shall be fined not more than $500 or imprisoned in jail not more than 90 days, or both.</content> </section> <section> <num value="1694">§ 1694. </num> <heading>Same; causing death or bodily injury</heading> <content>Whoever, while driving or operating a vehicle, is intoxicated or becomes intoxicated, and, by reason of his intoxication, does an act, or neglects a duty imposed by law, which causes bodily injury to, or the death of, another person, shall be punished by a fine of not more than $5,000, or by imprisonment in jail for not more than one year or in the penitentiary for not more than 10 years, or by both such fine and imprisonment.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Chemical Test for Intoxication</heading> <section> <num value="1711">§ 1711. </num> <heading>Implied consent of driver to submit to test to determine alcoholic content of blood</heading> <content>Whoever operates or drives an automobile, motorcycle, or other motor vehicle shall be deemed to have given consent to a chemical test or tests of his blood, breath, saliva, or urine for the purpose of determining the alcoholic content of his blood. The test or tests shall be administered at the direction of a police officer having reasonable grounds to believe the person to have been operating or driving the vehicle while intoxicated.</content> </section> <page identifier="/us/stat/76a/475">475</page> <section> <num value="1712">§ 1712. </num> <heading>Persons qualified to administer tests; additional tests; release of information</heading> <content>Only a physician, or a qualified technician, chemist, nurse or other qualified person acting at the request of a police officer may withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply to the taking of breath, saliva, or urine specimen. The person tested may have a physician, or a qualified technicians chemist, nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a police officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of the test or tests taken at the direction of a police officer. Upon the request of the person who is tested, full information concerning the test or tests taken at the direction of the police officer shall be made available to him.</content> </section> <section> <num value="1713">§ 1713. </num> <heading>Consent of person incapable of refusal not withdrawn</heading> <content>A person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by section 1711 of this title, and the test or tests may be given.</content> </section> <section> <num value="1714">§ 1714. </num> <heading>Revocation of driving privilege upon refusal to submit to test; regulations; temporary suspension pending hearing</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If a person under arrest refuses to submit to chemical testing, none shall be given, but his license, permit to drive, or nonresident operating privilege shall be revoked for a period of one year pursuant to such regulations as shall be prescribed by the President or his designee pursuant to section 1001 of Title 2.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The regulations provided for by subsection (a) of this section shall grant the person an opportunity to be heard within a reasonable time on the issues of whether the arresting officer had reasonable grounds to believe that the person had been operating or driving an automobile, motorcycle or other motor vehicle while intoxicated, whether the person was placed under arrest and whether he refused to submit to the test or tests. Whether the person was informed that his privilege to drive would be revoked or denied if he refused to submit to the test or tests shall not be an issue.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The regulations provided for by subsection (a) of this section may provide that a license, permit or nonresident operating privilege may, upon the basis of a sworn report of the police officer that he had reasonable grounds to believe the arrested person to have been driving in an intoxicated condition and that he had refused to submit to chemical testing, be temporarily suspended without notice pending the determination upon the hearing.</content> </subsection> </section> <section> <num value="1715">§ 1715. </num> <heading>Interpretation of chemical tests</heading> <chapeau>Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating or driving an automobile, motorcycle or other motor vehicle while intoxicated, evidence of the amount of alcohol in the person’s blood at the time of the act alleged, or within two hours of the time of the arrest, as shown by a chemical analysis of his blood, breath, saliva or urine is admissible. For the purpose of this section:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>evidence that there was, at such time, five-hundredths of one per cent or less by weight of alcohol in his blood is prima facie evidence that the person was not intoxicated;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>evidence that there was, at such time, more than five-hundredths of one per cent and less than fifteen-hundredths of one per cent by weight of alcohol in the person’s blood is relevant evi-<page identifier="/us/stat/76a/476">476</page>dence, but it is not to be given prima facie effect in indicating whether the person was intoxicated;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>evidence that there was, at such thus, fifteen-hundredths of one per cent or more by weight of alcohol in his blood, shall be admitted as prima facie evidence that the person was intoxicated; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>per cent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred milligrams of blood.</content> </paragraph> </section> <section> <num value="1716">§ 1716. </num> <heading>Effect of evidence of chemical tests</heading> <content>This subchapter does not limit the introduction of any other competent evidence bearing on the question of whether the person was intoxicated.</content> </section> </subchapter> </chapter> <chapter> <num value="87">CHAPTER 87—</num><heading>NAVIGATION</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1751.</designator> <label>Masking, altering, removing, or exhibiting lights or signals.</label></referenceItem> <referenceItem role="section"><designator>1752.</designator> <label>Obstructing navigable waters.</label></referenceItem> </toc> <section> <num value="1751">§ 1751. </num> <heading>Masking, altering, removing, or exhibiting lights or signals</heading> <chapeau>Whoever, with intent to bring a vessel into danger:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>unlawfully masks, alters, or removes a light or signal; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>willfully exhibits a light or signal—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be imprisoned in the penitentiary not more than 20 years.</continuation> </section> <section> <num value="1752">§ 1752. </num> <heading>Obstructing navigable waters</heading> <content>Whoever unlawfully obstructs the navigation of a navigable stream or waters, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </chapter> <chapter> <num value="89">CHAPTER 89—</num><heading>NUISANCES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1781.</designator> <label>Public nuisance defined; punishment for committing or maintaining.</label></referenceItem> </toc> <section> <num value="1781">§ 1781. </num> <heading>Public nuisance defined; punishment for committing or maintaining</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Anything is a public nuisance which:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>is injurious to health;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>is indecent or offensive to the senses;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by a considerable number of persons; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>unlawfully obstructs the free passage or use, in the customary manner, of a navigable lake or river, bay, stream, canal, or basin, or a public square, street, or highway.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>An act which affects an entire community or neighborhood, or a considerable number of persons, as specified in subsection (a) of this section, is not less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>commits or maintains a public nuisance, the punishment for which is not otherwise prescribed by law; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>willfully omits to perform a legal duty relating to the removal of a public nuisance—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 80 days, or both.</continuation> </subsection> </section> </chapter> <page identifier="/us/stat/76a/477">477</page> <chapter> <num value="91">CHAPTER 91—</num><heading>OBSTRUCTION OF JUSTICE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1811.</designator> <label>Corrupt attempt to influence judicial officer, juror, arbitrator, or master.</label></referenceItem> <referenceItem role="section"><designator>1812.</designator> <label>Corrupt acts by judicial officer, juror, arbitrator, or master.</label></referenceItem> <referenceItem role="section"><designator>1813.</designator> <label>Adding or altering names on jury list or destroying jury box.</label></referenceItem> <referenceItem role="section"><designator>1814.</designator> <label>Falsifying jury lists.</label></referenceItem> <referenceItem role="section"><designator>1815.</designator> <label>Preventing or dissuading witness from attending.</label></referenceItem> <referenceItem role="section"><designator>1816.</designator> <label>Deceiving witness to affect testimony.</label></referenceItem> <referenceItem role="section"><designator>1817.</designator> <label>Preparing false evidence.</label></referenceItem> <referenceItem role="section"><designator>1818.</designator> <label>Offering false documents in evidence.</label></referenceItem> <referenceItem role="section"><designator>1819.</designator> <label>Destruction or concealment of evidence.</label></referenceItem> <referenceItem role="section"><designator>1820.</designator> <label>Disclosure of making of affidavit, complaint or information for felony.</label></referenceItem> <referenceItem role="section"><designator>1821.</designator> <label>Injuring, destroying or taking personal property from custody of officer.</label></referenceItem> <referenceItem role="section"><designator>1822.</designator> <label>Magistrate, constable or policeman purchasing judgment.</label></referenceItem> <referenceItem role="section"><designator>1823.</designator> <label>Retaking lands after lawful removal therefrom.</label></referenceItem> <referenceItem role="section"><designator>1824.</designator> <label>False report of secretion of explosive.</label></referenceItem> <referenceItem role="section"><designator>1825.</designator> <label>False report of criminal offense.</label></referenceItem> </toc> <section> <num value="1811">§ 1811. </num> <heading>Corrupt attempt to influence judicial officer, juror, arbitrator, or master</heading> <chapeau>Whoever corruptly attempts to influence a judicial officer, juror, or a person drawn or summoned as a juror or chosen as an arbitrator or umpire or appointed as a master or referee, with respect to his verdict in or decision of a cause or proceeding pending or about to be brought before him, by means of:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a communication, oral or written, had with him, except in the regular course of proceedings;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a book, paper, or instrument exhibited otherwise than in the regular course of proceedings;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a threat, intimidation, persuasion, or entreaty; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a promise or assurance of any pecuniary or other advantage—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</continuation> </section> <section> <num value="1812">§ 1812. </num> <heading>Corrupt acts by judicial officer, juror, arbitrator, or master</heading> <chapeau>Whoever, being a judicial officer, juror, or a person drawn or summoned as a juror or chosen as an arbitrator or umpire or appointed as a master or referee:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>makes a promise or agreement to give a verdict or decision for or against a party; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>willfully and corruptly permits a communication to be made to him, or receives a book, paper, or instrument, or any information, relating to a cause or matter pending before him, except according to the regular course of proceedings—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</continuation> </section> <section> <num value="1813">§ 1813. </num> <heading>Adding or altering names on jury list or destroying jury box</heading> <chapeau>Whoever, except in cases allowed by law:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>adds a name to the list of persons selected to serve as jurors, either by placing the name in the jury box or otherwise;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>extracts a name therefrom;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>destroys the jury box or any of the pieces of paper containing the names of jurors;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>mutilates or defaces the names so that they can not be read; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>changes the names on the pieces of paper—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</continuation> </section> <page identifier="/us/stat/76a/478">478</page> <section> <num value="1814">§ 1814. </num> <heading>Falsifying jury lists</heading> <chapeau>Whoever, being an officer or person required by law to:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>certify to the list of persons selected as jurors, maliciously, corruptly or willfully certifies to a false or incorrect list, or a list containing other names than those selected; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>write down the names placed on the certified lists on separate pieces of paper, does not write down and place in the jury box the same names that are on the certified list and no more and no less than are on that list—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</continuation> </section> <section> <num value="1815">§ 1815. </num> <heading>Preventing or dissuading witness from attending</heading> <content>Whoever willfully prevents or dissuades a person who is or may become a witness from attending upon a trial, proceeding or inquiry authorized by law, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="1816">§ 1816. </num> <heading>Deceiving witness to affect testimony</heading> <content>Whoever practices any fraud or deceit, or knowingly makes or exhibits a false statement, representation, token or writing, to a witness or person about to be called as a witness upon a trial, proceeding, inquiry or investigation authorized by law, with intent to affect the testimony of the witness, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="1817">§ 1817. </num> <heading>Preparing false evidence</heading> <content>Whoever prepares a false or antedated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced, for a fraudulent or deceitful purpose, as genuine or true, upon a trial, proceeding or inquiry, authorized by law, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="1818">§ 1818. </num> <heading>Offering false documents in evidence</heading> <content>Whoever, upon a trial, proceeding, inquiry or investigation authorized or permitted by law, offers in evidence as genuine or true, a book, paper, document, record or other instrument in writing, knowing it to have been forged or fraudulently altered or antedated, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="1819">§ 1819. </num> <heading>Destruction or concealment of evidence</heading> <content>Whoever, knowing that a book, paper, record, instrument in writing or other matter or thing, is about to be produced in evidence upon a trial, inquiry or investigation authorized by law, willfully destroys or conceals it, with intent thereby to prevent it from being produced, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="1820">§ 1820. </num> <heading>Disclosure of making of affidavit, complaint or information for felony</heading> <content>Whoever, being a judge, United States attorney, assistant United States attorney, or clerk, or an employee in the office of any such official, willfully discloses, except in the issuance or execution, or in the furtherance of execution, of a warrant of arrest, the fact of an affidavit of complaint or information having been made for a felony, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <page identifier="/us/stat/76a/479">479</page> <section> <num value="1821">§ 1821. </num> <heading>Injuring, destroying or taking personal property from custody of officer</heading> <content>Whoever willfully injures or destroys, or takes or attempts to take, or assists a person in taking or attempting to take, from the custody of an officer or person, personal property which the office or person has in charge under any process of law, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="1822">§ 1822. </num> <heading>Magistrate, constable or policeman purchasing judgment</heading> <content>Whoever, being a magistrate, constable or employee of the magistrate’s court, or a policeman within the jurisdiction in which the magistrate acts, purchases or is interested in the purchase of a judgment or part thereof on the docket of, or on the docket in possession of, the magistrate, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="1823">§ 1823. </num> <heading>Retaking lands after lawful removal therefrom</heading> <content>Whoever, having been removed from any lands by process of law, or having removed from any lands pursuant to the lawful adjudication or direction of a court, tribunal or officer, thereafter unlawfully returns to settle, reside upon or take possession of the lands, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="1824">§ 1824. </num> <heading>False report of secretion of explosive</heading> <chapeau>Whoever reports to:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a peace officer;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the United States attorney or an assistant United States attorney;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>an agency of the United States;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a newspaper, radio station, television station, airline, airport, railroad, busline, or telephone company;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>a person employed by or serving with a facility mentioned in paragraph (3) of this section;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>a news reporter in the employ of a newspaper, radio or television station; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>an occupant of a building—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">that a bomb or other explosive has been secreted in a public or private place, knowing that the report is falser shall be imprisoned in jail not more than one year, or in the penitentiary not more than three years.</continuation> </section> <section> <num value="1825">§ 1825. </num> <heading>False report of criminal offense</heading> <chapeau>Whoever reports to:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a peace officer; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the United States attorney or an assistant United States attorney—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">that a felony or misdemeanor has been committed, knowing the report to be false, shall be fined not more than $500 or imprisoned in jail not more than 180 days, or both.</continuation> </section> </chapter> <chapter> <num value="93">CHAPTER 93—</num><heading>PERJURY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1861.</designator> <label>Definition of oath.</label></referenceItem> <referenceItem role="section"><designator>1862.</designator> <label>Perjury generally.</label></referenceItem> <referenceItem role="section"><designator>1863.</designator> <label>False affidavit as to affiant’s testimony; subsequent contrary testimony.</label></referenceItem> <referenceItem role="section"><designator>1864.</designator> <label>Unqualified statement of that not known to be true.</label></referenceItem> <referenceItem role="section"><designator>1865.</designator> <label>Irregularity of oath.</label></referenceItem> <referenceItem role="section"><designator>1866.</designator> <label>Ignorance of materiality of false statement.</label></referenceItem> <referenceItem role="section"><designator>1867.</designator> <label>Incompetency of witness.</label></referenceItem> <referenceItem role="section"><designator>1868.</designator> <label>When deposition, affidavit or certificate is complete.</label></referenceItem> <referenceItem role="section"><designator>1869.</designator> <label>Subornation of perjury.</label></referenceItem> <referenceItem role="section"><designator>1870.</designator> <label>Proof of perjury generally.</label></referenceItem> <referenceItem role="section"><designator>1871.</designator> <label>Testimony of witness provable against him.</label></referenceItem> </toc> <page identifier="/us/stat/76a/480">480</page> <section> <num value="1881">§ 1861. </num> <heading>Definition of oath</heading> <content>As used in this chapter, “oath” includes an affirmation and every other mode authorized by law of attesting the truth of that which is stated.</content> </section> <section> <num value="1862">§ 1862. </num> <heading>Perjury generally</heading> <content>Whoever, having taken an oath that he will testify, declare, depose or certify truly before a competent tribunal, officer or person in any of the cases in which such an oath may by law be administered, willfully and contrary to that oath, states as true a material matter which he knows to be false, is guilty of perjury, and shall be imprisoned in the penitentiary not more than 10 years.</content> </section> <section> <num value="1863">§ 1863. </num> <heading>False affidavit as to affiant’s testimony; subsequent contrary testimony</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whoever, in an affidavit taken before a person authorized to administer oaths, swears, affirms, declares, deposes or certifies that he will testify, declare, depose or certify before a competent tribunal, officer or person, in a case then pending or thereafter to be instituted, in a particular manner or to a particular fact, and in the affidavit willfully and contrary to that oath states as true a material matter which he knows to be false, is guilty of perjury, and shall be imprisoned in the penitentiary not more than 10 years.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In a prosecution pursuant to subsection (a) of this section, the subsequent testimony of the person, in an action involving the matters contained in the affidavit, which is contrary to any of the matters contained in the affidavit, shall be prima facie evidence that the matters in the affidavit were false.</content> </subsection> </section> <section> <num value="1864">§ 1864. </num> <heading>Unqualified statement of that not known to be true</heading> <content>An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false.</content> </section> <section> <num value="1865">§ 1865. </num> <heading>Irregularity of oath</heading> <content>It is no defense to a prosecution for perjury that the oath was administered or taken in an irregular manner.</content> </section> <section> <num value="1866">§ 1866. </num> <heading>Ignorance of materiality of false statement</heading> <content>It is not a defense to a prosecution for perjury that the accused did not know the materiality of the false statement made by him; or that it did not, in fact, affect the proceeding in or for which it was made. It is sufficient that it was material and might have been used to affect the proceeding.</content> </section> <section> <num value="1867">§ 1867. </num> <heading>Incompetency of witness</heading> <content>It is not a defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition or certificate of which falsehood is alleged. It is sufficient that he did give the testimony or make the deposition or certificate.</content> </section> <section> <num value="1868">§ 1868. </num> <heading>When deposition, affidavit, or certificate is complete</heading> <content>The making of a deposition, affidavit, or certificate is complete within the provisions of this chapter, from the time it is delivered by the accused to any other person with the intent that it be used, uttered or published as true.</content> </section> <section> <num value="1869">§ 1869. </num> <heading>Subornation of perjury</heading> <content>Whoever willfully procures another person to commit perjury is guilty of subornation of perjury and shall be imprisoned in the penitentiary not more than 10 years.</content> </section> <page identifier="/us/stat/76a/481">481</page> <section> <num value="1870">§ 1870. </num> <heading>Proof of perjury generally</heading> <content>Perjury must be proved by the testimony of two witnesses, or of one witness and corroborating circumstances.</content> </section> <section> <num value="1871">§ 1871. </num> <heading>Testimony of witness provable against him</heading> <content>The sections of this Code, which declare that evidence obtained upon the examination of a person as a witness may not be received against him in a criminal proceeding, do not forbid the evidence being proved against him upon any proceedings founded upon a charge of perjury committed in the examination.</content> </section> </chapter> <chapter> <num value="95">CHAPTER 95—</num><heading>POSTAL SERVICE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2001.</designator> <label>Application of criminal laws; definitions.</label></referenceItem> </toc> <section> <num value="2001">§ 2001. </num> <heading>Application of criminal laws; definitions</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The postal laws and regulations of the United States, not locally inapplicable, which define crimes, are applicable to the Canal Zone and are enforceable in the courts of the Canal Zone in the manner and form prescribed for other criminal actions.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>For the purpose of the application, to the Canal Zone, of the laws made so applicable by subsection (a) of this section, “postal laws”, as used in that subsection, means all of chapter 83 of Title 18, United States Code, and the following sections of that title: 288, 440, 441, 500, 501, 502, 503, 504, 876, 877, 1302, 1803, 1341, 1842, 1461, 1463, 2114, 2116, 3239, 3497.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content class="inline"> <p class="inline">For the additional purpose of the application, to the Canal Zone, of the laws made so applicable by this section, references in such laws to the Postal Service, Post Office Department, and Post Office Department of the United States, and to officers and other personnel thereof, shall be deemed to include references to the Canal Zone Postal Service and to the comparable officers and other personnel thereof; and the following definitions are given to certain terms, as used in some of those laws:</p> <p class="indent0 firstIndent1 fontsize10">“defendant indicted” includes a person against whom an information is filed;</p> <p class="indent0 firstIndent1 fontsize10">“district” includes the Canal Zone;</p> <p class="indent0 firstIndent1 fontsize10">“foreign government” includes any government, faction, or body of insurgents within a country with which the United States is at peace, irrespective of recognition by the United States;</p> <p class="indent0 firstIndent1 fontsize10">“indictment” includes an information;</p> <p class="indent0 firstIndent1 fontsize10">“States” includes the Canal Zone; and</p> <p class="indent0 firstIndent1 fontsize10">“United States”, as used in a territorial sense, includes the Canal Zone.</p> </content> </subsection> </section> </chapter> <chapter> <num value="97">CHAPTER 97—</num><heading>PRISONERS’ MISTREATMENT</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2031.</designator> <label>Prisoners under protection of law.</label></referenceItem> <referenceItem role="section"><designator>2032.</designator> <label>Oppression of prisoners.</label></referenceItem> </toc> <section> <num value="2031">§ 2031. </num> <heading>Prisoners under protection of law</heading> <content>The person of a convict sentenced to imprisonment is under the protection of the law and any injury to his person not authorized by law is punishable in the same manner as if he were not convicted or sentenced.</content> </section> <section> <num value="2032">§ 2032. </num> <heading>Oppression of prisoners</heading> <content>Whoever is guilty of willful inhumanity or oppression toward a prisoner under his care or in his custody, shall be fined not more than $2,000 or imprisoned in jail not more than one year, or both, and shall be removed from office.</content> </section> </chapter> <page identifier="/us/stat/76a/482">482</page> <chapter> <num value="99">CHAPTER 99—</num><heading>PRIZE FIGHTING AND SPARRING</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2061.</designator> <label>Punishment for engaging in prize lighting; regulations governing exhibitions.</label></referenceItem> <referenceItem role="section"><designator>2062.</designator> <label>Spectators at prize fights or exhibitions.</label></referenceItem> </toc> <section> <num value="2061">§ 2061. </num> <heading>Punishment for engaging in prize fighting; regulations governing exhibitions</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>engages in, instigates, aids, encourages, or does any act to further, a fight commonly called a ring or prize fight;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>engages in a public or private sparring exhibition, with or without gloves, within the Canal Zone;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>sends or publishes a challenge or acceptance of a challenge for a prize fight, or an exhibition as described in paragraph (2) of this subsection; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>trains or assists a person in training or preparing for a prize fight, or for an exhibition as described in paragraph (2) of this subsection—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than three years, or both.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The Governor may prescribe, and from time to time amend, regulations permitting and governing the conduct of voluntary boxing or sparring exhibitions in the Canal Zone. Subsection (a) of this section does not apply to exhibitions permitted and conducted under the regulations.</content> </subsection> </section> <section> <num value="2062">§ 2062. </num> <heading>Spectators at prize fights or exhibitions</heading> <content>Whoever is willfully present as a spectator at a prize fight or exhibition prohibited by section 2061 of this title shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </chapter> <chapter> <num value="101">CHAPTER 101—</num><heading>PROSTITUTION AND RELATED OFFENSES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2091.</designator> <label>Enticement for purposes of prostitution; corroboration of female’s testimony.</label></referenceItem> <referenceItem role="section"><designator>2092.</designator> <label>Keeping or residing in house of ill fame; evidence.</label></referenceItem> <referenceItem role="section"><designator>2093.</designator> <label>Keeping disorderly house.</label></referenceItem> <referenceItem role="section"><designator>2094.</designator> <label>Prevailing upon person to visit house of prostitution.</label></referenceItem> </toc> <section> <num value="2091">§ 2091. </num> <heading>Enticement for purposes of prostitution; corroboration of female’s testimony</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>inveigles or entices an unmarried female, of previous good reputation for chastity, under the age of 21 years, into a house of ill fame or of assignation, or elsewhere, for any purpose of prostitution, or to have illicit carnal connection with a man; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by false pretenses, false representation or other fraudulent means, procures a female to have illicit carnal connection with a man—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $1,000 or imprisoned in the penitentiary not more than five years, or both.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Upon a trial for violating paragraph (1) of subsection (a) of this section, the defendant may not be convicted upon the testimony of the female upon or with whom the offense was committed, unless her testimony is corroborated by other evidence.</content> </subsection> </section> <section> <num value="2092">§ 2092. </num> <heading>Keeping or residing in house of ill fame; evidence</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whoever keeps a house of ill fame, resorted to for the purposes of prostitution or lewdness, or willfully resides in such a house, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </subsection> <page identifier="/us/stat/76a/483">483</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In a prosecution for keeping or resorting to a house as described in subsection (a) of this section, common repute may be received as evidence of the character of the house, the purpose for which it is kept or used, and the character of the female persons inhabiting or resorting to it.</content> </subsection> </section> <section> <num value="2093">§ 2093. </num> <heading>Keeping disorderly house</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>keeps a disorderly house, or a house for the purpose of assignation or prostitution, or a house of public resort, by which the peace, comfort or decency of the immediate neighborhood is habitually disturbed;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>keeps an inn in a disorderly manner; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>lets an apartment or tenement knowing that it is to be used for the purpose of assignation or prostitution—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="2094">§ 2094. </num> <heading>Prevailing upon person to visit house of prostitution</heading> <content>Whoever, through invitation or device, prevails upon a person to visit a place kept for the purpose of prostitution, shall be fined not more than $500 or imprisoned in jail not more than 180 days, or both.</content> </section> </chapter> <chapter> <num value="103">CHAPTER 103—</num><heading>PUBLIC OFFICES, OFFICERS, AND EMPLOYEES</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2121.</designator> <label>Failure to perform, or violation of law relating to, official duties.</label></referenceItem> <referenceItem role="section"><designator>2122.</designator> <label>Omission to perform duty enjoined by law.</label></referenceItem> <referenceItem role="section"><designator>2123.</designator> <label>Mutilation, destruction, or removal of records; withholding records or property from successor.</label></referenceItem> <referenceItem role="section"><designator>2124.</designator> <label>False certificates by officers.</label></referenceItem> <referenceItem role="section"><designator>2125.</designator> <label>Exercising function of public office without having qualified.</label></referenceItem> <referenceItem role="section"><designator>2126.</designator> <label>Intrusion into office; exercising functions after expiration of term.</label></referenceItem> <referenceItem role="section"><designator>2127.</designator> <label>Attempting to deter, or resisting, executive officer.</label></referenceItem> <referenceItem role="section"><designator>2128.</designator> <label>Resisting public officer in discharge of his duty.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">crimes against the revenue</inline></label></referenceItem> <referenceItem role="section"><designator>2151.</designator> <label>“Public moneys” defined.</label></referenceItem> <referenceItem role="section"><designator>2152.</designator> <label>Embezzlement or misuse of public moneys; falsification of accounts.</label></referenceItem> <referenceItem role="section"><designator>2153.</designator> <label>Other offenses by officers or employees who collect or receive public moneys.</label></referenceItem> <referenceItem role="section"><designator>2154.</designator> <label>Court officers failing to pay over fines or forfeitures received.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="2121">§ 2121. </num> <heading>Failure to perform, or violation of law relating to, official duties</heading> <chapeau>Whoever, holding a public office:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>willfully refuses or neglects to perform the duties thereof; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>violates any provision of law relating to his duties or the duties of his office—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall, unless some other punishment is prescribed by law, be fined not more than $5,000 or imprisoned in jail not more than one year, or both.</continuation> </section> <section> <num value="2122">§ 2122. </num> <heading>Omission to perform duty enjoined by law</heading> <content>Whoever, being a public officer or person holding a public trust or employment, willfully omits to perform a duty enjoined upon him by law, shall, where no special provision has been made for the punishment of the delinquency, be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <page identifier="/us/stat/76a/484">484</page> <section> <num value="2123">§ 2123. </num> <heading>Mutilation, destruction, or removal of records; withholding records or property from successor</heading> <chapeau>Every officer whose office is abolished by law or under authority of law, or who, after the expiration of the time for which he may be appointed or after he has resigned or been legally removed from office, willfully and unlawfully:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>mutilates, destroys, or takes away the records, papers, documents or other writings appertaining or belonging to his office; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>withholds or detains from his successor, or other person entitled thereto, the records, papers, documents, or other writings appertaining or belonging to his office, or any money or property in his official custody—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be imprisoned in the penitentiary not more than 10 years.</continuation> </section> <section> <num value="2124">§ 2124. </num> <heading>False certificates by officers</heading> <content>Whoever, being a public officer authorized by law to make or give any certificate or other writing, makes and delivers as true any such certificate or writing containing statements which he knows to be false, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="2125">§ 2125. </num> <heading>Exercising function of public office without having qualified</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whoever exercises a function of a public office without taking the oath of office or giving bond, if required by law, shall be fined not more than $500 or imprisoned in jail not more than 180 days, or both.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Subsection (a) of this section does not affect the validity of acts done by a person exercising the functions of a public office in fact, where persons other than himself are interested in maintaining the validity of those acts.</content> </subsection> </section> <section> <num value="2128">§ 2128. </num> <heading>Intrusion into office; exercising functions after expiration of term</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>willfully and knowingly intrudes himself into a public office to which he has not been selected or appointed; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>having been an executive officer, willfully exercises any of the functions of his office after his term has expired and a successor has been selected or appointed and has qualified—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 80 days, or both.</continuation> </section> <section> <num value="2127">§ 2127. </num> <heading>Attempting to deter, or resisting, executive officer</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>attempts, by means of a threat or violence, to deter or prevent an executive officer from performing a duty imposed upon him by law; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>knowingly resists, by the use of force or violence, an executive officer in the performance of his duty—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</continuation> </section> <section> <num value="2128">§ 2128. </num> <heading>Resisting public officer in discharge of his duty</heading> <content>Whoever willfully resists, delays, or obstructs a public officer in the discharger or attempt to discharge, a duty of his office, shall, if no other punishment is prescribed by law, be fined not more than $1,000 or imprisoned in jail not more than one year, or both.</content> </section> </subchapter> <page identifier="/us/stat/76a/485">485</page> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Crimes Against The Revenue</heading> <section> <num value="2151">§ 2151. </num> <heading>“Public moneys” defined</heading> <chapeau>As used in this subchapter, “public moneys” includes all moneys, bonds and evidences of indebtedness:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>belonging to the United States or a department or agency thereof; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>received or held by officers or employees of the United States or a department or agency thereof in their official capacity.</content> </paragraph> </section> <section> <num value="2152">§ 2152. </num> <heading>Embezzlement or misuse of public moneys; falsification of accounts</heading> <chapeau>Whoever, being an officer of the United States or a department or agency thereof, or a person charged with the receipt, safekeeping, transfer or disbursement of public moneys:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>without authority of law, appropriates public moneys to his own use or to the use of another person;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>lends public moneys, or makes a profit out of, or uses, public moneys for a purpose not authorized by law;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>fails to keep public moneys in his possession until disbursed or paid out by authority of law;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>unlawfully deposits public moneys in a bank or with a banker or other person;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>knowingly keeps a false account, or makes a false entry or erasure in an account of or relating to public moneys;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>fraudulently alters, falsifies, conceals, destroys, or obliterates an account, or documents relating thereto;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>willfully refuses or omits to pay over, on demand, public moneys in his hands, upon the presentation of a draft, order or warrant drawn upon the moneys by competent authority;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>willfully omits to transfer public moneys when the transfer is required by law; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>willfully omits or refuses to pay over, to an officer or person authorized by law to receive public moneys, money received by him under a duty imposed by law so to pay over the money—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be removed from office, and shall be fined not more than $10,000 or imprisoned in the penitentiary not more than 10 years, or both; and is disqualified from holding any office under the United States.</continuation> </section> <section> <num value="2153">§ 2153. </num> <heading>Other offenses by officers or employees who collect or receive public moneys</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever, being an officer or employee of the United States, or any department or agency thereof, who collects or receives public moneys:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>fails fully and promptly to account for all public funds, fines, internal revenue stamps, licenses, receipts, books, documents, records, papers, or any other form of public property;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>is guilty of extortion or willful oppression under color of law;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>knowingly demands other or greater sums than are authorized by law, or receives any fee, compensation or reward except as herein provided for the performance of a duty;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>willfully neglects to perform a duty enjoined upon him by law;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>conspires or colludes with, makes opportunities for, or does or omits to do any act with intent to enable, another person to defraud the public revenues;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>negligently or designedly permits a violation of the law by a person;</content> </paragraph> <page identifier="/us/stat/76a/486">486</page> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>makes or signs a false entry in a book, or makes or signs a false certificate or return, in a case where he is required by law to make an entry, certificate or return;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>having knowledge or information of the violation of a provision of the law respecting public revenues by a person, or of fraud committed by a person against the public revenues, fails to report the violation or fraud in writing to the designated authority;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>demands, accepts, or attempts to collect, directly or indirectly, as payment, gift, or otherwise, a sum of money or other thing of value for the compromise, adjustment, or settlement of a charge or complaint for a violation or alleged violation of the law respecting public revenues; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>divulges or makes known to a person, in any manner not provided by law, the accounts, condition of business affairs or manner of conducting them, of a person whose books, accounts and business operations have been investigated in the discharge of his duties—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be removed from office, and shall be fined not more than $10,000 or imprisoned in the penitentiary not more than 10 years, or both; and is disqualified from holding any office under the United States.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>For the purpose of subsection (a) of this section, all funds, moneys and properties of the United States or a department or agency thereof are public funds.</content> </subsection> </section> <section> <num value="2154">§ 2154. </num> <heading>Court officers failing to pay over fines or forfeitures received</heading> <content>Whoever, being a clerk, magistrate, marshal, constable, or other court officer or employee, receives, by virtue of his official relation, position or employment, any fine or forfeiture or other money, and refuses or neglects to pay it over according to law, shall be fined not more than $500 or imprisoned in jail not more than 180 days, or both.</content> </section> </subchapter> </chapter> <chapter> <num value="105">CHAPTER 105—</num><heading>RAILROADS AND OTHER CARRIERS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2181.</designator> <label>Attempt to wreck train.</label></referenceItem> <referenceItem role="section"><designator>2182.</designator> <label>Causing collision resulting in death.</label></referenceItem> <referenceItem role="section"><designator>2183.</designator> <label>Failure to operate signal at crossings.</label></referenceItem> <referenceItem role="section"><designator>2184.</designator> <label>Intoxication while on duty.</label></referenceItem> <referenceItem role="section"><designator>2185.</designator> <label>Injuries to railroads and railroad bridges.</label></referenceItem> <referenceItem role="section"><designator>2186.</designator> <label>Taking packing or waste from railroad journal boxes.</label></referenceItem> <referenceItem role="section"><designator>2187.</designator> <label>Boarding train with intent to obtain free ride.</label></referenceItem> <referenceItem role="section"><designator>2188.</designator> <label>Jumping on or off train; riding on roof, platform, appliances or projections.</label></referenceItem> <referenceItem role="section"><designator>2189.</designator> <label>Overcharges by agents of common carriers.</label></referenceItem> </toc> <section> <num value="2181">§ 2181. </num> <heading>Attempt to wreck train</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>unlawfully throws out a switch, removes a rail, or places an obstruction on a railroad, tramway, or electric railway, with the intent to derail a passenger, freight or other train, car, or engine;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>unlawfully places dynamite or other explosive material, or an obstruction, on or near the track of a railroad, tramway, or electric railway, with the intent to blow up or derail a passenger, freight or other train, car, or engine; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>unlawfully sets fire to a railroad, tramway, or electric railway, or a bridge or trestle, over which a passenger, freight or other train, car, or engine, must pass, with the intent to wreck the train, car or engine—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be imprisoned in the penitentiary not more than 40 years.</continuation> </section> <page identifier="/us/stat/76a/487">487</page> <section> <num value="2182">§ 2182. </num> <heading>Causing collision resulting in death</heading> <content>Whoever, being a conductor, engineer, brakeman, switchman or other person having charge, wholly or in part, of a railroad car, locomotive or train, willfully or negligently suffers or causes the car, locomotive or train to collide with another car, locomotive or train, or with any other object or thing whereby the death of a human being is produced, shall be imprisoned in the penitentiary not more than 10 years.</content> </section> <section> <num value="2183">§ 2183. </num> <heading>Failure to operate signal at crossings</heading> <content>Whoever, having charge of a locomotive-engine, omits, before crossing a traveled public way, to cause a bell, whistle, horn or other warning device to sound, at the distance of at least 500 feet from the crossing, and up to it, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="2184">§ 2184. </num> <heading>Intoxication while on duty</heading> <content>Whoever, being employed by or upon a railroad as engineer, conductor, baggage-master, brakeman, switchman, fireman, bridgetender, flagman, or signalman, or as train dispatcher or telegraph operator in connection with the receipt or transmission of dispatches in relation to the movement of trains, or being any other person having charge of the regulation or running of trains upon a railroad in any manner whatever, becomes or is intoxicated while in the discharge of his duties, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both; but if he does an act or neglects a duty, by reason of the intoxication, which causes the death of, or bodily injury to, a person, he shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <section> <num value="2185">§ 2185. </num> <heading>Injuries to railroads and railroad bridges</heading> <chapeau>Whoever maliciously:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>removes, displaces, injures or destroys any part of a railroad, or a track of a railroad, or a branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment., station house, or other structure or fixture, or any part thereof, attached to or connected with a railroad; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>places an obstruction upon the rails or track of a railroad, or of a switch, branch, branchway or turnout connected with a railroad—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years, or both.</continuation> </section> <section> <num value="2186">§ 2186. </num> <heading>Taking packing or waste from railroad journal boxes</heading> <content>Whoever, without lawful authority, takes or removes the packing or waste from out of a journal box or boxes of a locomotive-engine, tender, coach, caboose or truck, used or operated on a railroad, shall he fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="2187">§ 2187. </num> <heading>Boarding train with intent to obtain free ride</heading> <content>Whoever boards a passenger, freight or other railway train, whether moving or standing, for any purpose and without in good faith intending to become a passenger thereon, and with no lawful business thereon, and with intent to obtain a free ride on the train, however short the distance, without the consent of the person or persons in charge thereof, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <page identifier="/us/stat/76a/488">488</page> <section> <num value="2188">§ 2188. </num> <heading>Jumping on or off train; riding on roof, platform, appliances or projections</heading> <chapeau>Whoever, other than a member of a train crew, or a transportation official or employee engaged in the performance of his duties:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>jumps on or off a railroad locomotive, car, or train while it is in motion; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>rides on the roof of a car of a railroad train, or on the platform, coupling, or any other appliance or projection on the outside of the car—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall, for each offense be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="2189">§ 2189. </num> <heading>Overcharges by agents of common carriers</heading> <content>Whoever, being an officer, agent or employee of a railroad company or other common carrier, asks or receives a greater sum than is allowed by law for the carriage of passengers or freight, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </chapter> <chapter> <num value="107">CHAPTER 107—</num><heading>RAPE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2221.</designator> <label>Rape defined.</label></referenceItem> <referenceItem role="section"><designator>2222.</designator> <label>Proof of physical ability where defendant under fourteen.</label></referenceItem> <referenceItem role="section"><designator>2223.</designator> <label>Gist of offense; penetration sufficient.</label></referenceItem> <referenceItem role="section"><designator>2224.</designator> <label>Punishment for rape.</label></referenceItem> </toc> <section> <num value="2221">§ 2221. </num> <heading>Rape defined</heading> <chapeau>Rape is an act of sexual intercourse accomplished with a female not the wife of the perpetrator, where the female:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>is under the age of 16 years;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>is incapable, through unsoundness of mind, whether temporary or permanent, of giving legal consent;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>is prevented from resisting by threats of great and immediate bodily harm, accompanied by apparent power of execution, or by any intoxicating, narcotic or anaesthetic substance, administered by or with the privity of the accused;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>resists, but her resistance is overcome by force or violence;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>is at the time unconscious of the nature of the act, and this is known to the accused; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>submits under the belief that the person committing the act is her husband, and this belief is induced by any artifice, pretense or concealment practiced by the accused, with intent to induce the belief.</content> </paragraph> </section> <section> <num value="2222">§ 2222. </num> <heading>Proof of physical ability where defendant under fourteen</heading> <content>Conviction for rape may not be had against one who was under the age of 14 years at the time of the act alleged, unless his physical ability to accomplish penetration is proved as an independent fact and beyond a reasonable doubt.</content> </section> <section> <num value="2223">§ 2223. </num> <heading>Gist of offense; penetration sufficient</heading> <content>The essential guilt of rape consists in the outrage to the person and feelings of the female. Any sexual penetration, however slight, is sufficient to complete the crime.</content> </section> <section> <num value="2224">§ 2224. </num> <heading>Punishment for rape</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Except as provided by subsections (b) and (c) of this section, rape is punishable by imprisonment in the penitentiary for any term of years or for life.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the offense is under paragraph (1) of section 2221 of this title, it is punishable either by imprisonment in jail for not more than one year or by imprisonment in the penitentiary for any term of years or for life.</content> </subsection> <page identifier="/us/stat/76a/489">489</page> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>In a prosecution pursuant to paragraph (1) of section 2221 of this title, if the defendant is convicted by a jury, the jury shall recommend by their verdict whether the punishment shall be by imprisonment in jail or in the penitentiary; or, if he pleads guilty of the offense, or is tried by the court without a jury and found guilty thereof, the punishment shall be, in the discretion of the court, by imprisonment either in jail for not more than one year or in the penitentiary for any term of years or for life.</content> </subsection> </section> </chapter> <chapter> <num value="109">CHAPTER 109—</num><heading>RECORDS, DOCUMENTS AND REPORTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2251.</designator> <label>Theft, destruction, falsification, mutilation or removal of record by officer having custody.</label></referenceItem> <referenceItem role="section"><designator>2252.</designator> <label>Theft, destruction, falsification, mutilation or removal of record by private person.</label></referenceItem> <referenceItem role="section"><designator>2253.</designator> <label>Defacing or destroying posted copies of laws or notifications.</label></referenceItem> </toc> <section> <num value="2251">§ 2251. </num> <heading>Theft, destruction, falsification, mutilation or removal of record by officer having custody</heading> <chapeau>Whoever, being an officer having the custody of a record, map, or book, or of a paper or proceeding of a court filed or deposited in a public office or placed in his hands for any purpose:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>steals, willfully and unlawfully destroys, mutilates, defaces, alters, falsifies, removes, or secretes the whole or any part of record, map, book paper, or proceeding; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>permits another person to commit any of the acts specified by paragraph (1) of this section—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years, or both.</continuation> </section> <section> <num value="2252">§ 2252. </num> <heading>Theft, destruction, falsification, mutilation or removal of record by private person</heading> <content>Whoever, not being an officer referred to in section 2251 of this title, commits any of the acts described in that section, shall be punished by a fine of not more than $1,000, or by imprisonment in jail for not more than one year or in the penitentiary for not more than five years, or by both such fine and imprisonment.</content> </section> <section> <num value="2253">§ 2253. </num> <heading>Defacing or destroying posted copies of laws or notifications</heading> <content>Whoever intentionally defaces, obliterates, tears down or destroys a copy, transcript, or extract from or of a law of the United States or of the Canal Zone, or a proclamation, advertisement or notification set up at any place in the Canal Zone, by authority of a law of the United States or of the Canal Zone, or by order of a court, before the expiration of the time for which it was to remain set up, shall be fined, not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </chapter> <chapter> <num value="111">CHAPTER 111—</num><heading>RIOTS, ROUTS AND UNLAWFUL ASSEMBLIES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2281.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>2282.</designator> <label>Punishment for participation in riot, rout or unlawful assembly.</label></referenceItem> <referenceItem role="section"><designator>2283.</designator> <label>Remaining at place of riot, rout or unlawful assembly.</label></referenceItem> <referenceItem role="section"><designator>2284.</designator> <label>Officials neglecting to disperse unlawful or riotous assembly.</label></referenceItem> <referenceItem role="section"><designator>2285.</designator> <label>Refusal to disperse upon lawful command.</label></referenceItem> </toc> <page identifier="/us/stat/76a/490">490</page> <section> <num value="2281">§ 2281. </num> <heading>Definitions</heading> <chapeau> <p class="indent0 firstIndent1 fontsize10">As used in this chapter:</p> <p class="indent0 firstIndent1 fontsize10">“riot” means a:</p> </chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>disturbance of the public peace by the use of force or violence; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>threat or attempt to disturb the public peace by the use of force or violence, when accompanied by immediate power of execution—</content> </paragraph> <continuation> <p class="indent0 firstIndent0 fontsize10">by two or more persons acting together and without lawful authority;</p> <p class="indent0 firstIndent1 fontsize10">“rout” means an assembly of two or more persons who act together in making an attempt or advance toward the commission of an act which would be a riot if actually committed; and</p> <p class="indent0 firstIndent1 fontsize10">“unlawful assembly” means an assembly of two or more persons who assemble together to do an unlawful act and separate without doing or advancing toward it, or do a lawful act in a violent, boisterous or tumultuous manner.</p> </continuation> </section> <section> <num value="2282">§ 2282. </num> <heading>Punishment for participation in riot, rout or unlawful assembly</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whoever participates in a riot shall be fined not more than $2,000 or imprisoned in the penitentiary not more than two years, or both.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Whoever participates in a rout shall be fined not more than $500 or imprisoned in jail not more than 180 days, or both.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Whoever participates in an unlawful assembly shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </subsection> </section> <section> <num value="2283">§ 2283. </num> <heading>Remaining at place of riot, rout or unlawful assembly</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whoever remains at the place of a riot, rout, or unlawful assembly, after the persons assembled have been lawfully warned to disperse, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Subsection (a) of this section does not apply to public or peace officers and persons assisting them in attempting to disperse the persons assembled.</content> </subsection> </section> <section> <num value="2284">§ 2284. </num> <heading>Officials neglecting to disperse unlawful or riotous assembly</heading> <content>Whoever, being a public or peace officer, and having notice of a riotous or unlawful assembly, mentioned in this chapter, neglects to proceed to the place of assembly or as near thereto as he can proceed with safety, and to exercise the authority with which he is invested for suppressing it and arresting the offenders, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="2285">§ 2285. </num> <heading>Refusal to disperse upon lawful command</heading> <content>If two or more persons assemble for the purpose of disturbing the public peace or committing an unlawful act, and do not disperse on being desired or commanded so to do by a public or peace officer, each of the persons so offending shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </chapter> <chapter> <num value="113">CHAPTER 113—</num><heading>ROADS, BRIDGES, FERRIES, PIERS AND DOCKS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2321.</designator> <label>Throwing injurious substances on highways.</label></referenceItem> <referenceItem role="section"><designator>2322.</designator> <label>Removal of, or injuries to, highway guideposts.</label></referenceItem> <referenceItem role="section"><designator>2323.</designator> <label>Removal of, or injury to, bridge, viaduct, culvert, pier or dock.</label></referenceItem> <referenceItem role="section"><designator>2324.</designator> <label>Charging toll without lawful authority.</label></referenceItem> <referenceItem role="section"><designator>2325.</designator> <label>Failure to keep and attend ferry.</label></referenceItem> </toc> <page identifier="/us/stat/76a/491">491</page> <section> <num value="2321">§ 2321. </num> <heading>Throwing injurious substances on highways</heading> <content>Whoever throws or deposits any glass bottle, glass, nails, tacks, hoops, wire, cans or any other substance likely to injure a person, animal or vehicle, upon a highway, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="2322">§ 2322. </num> <heading>Removal of, or injuries to, highway guideposts</heading> <content>Whoever removes, destroys, injures, breaks, or defaces a mile board, post or stone, or guidepost, or any inscription thereon, erected upon or near a highway, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="2323">§ 2323. </num> <heading>Removal of, or injury to, bridge, viaduct, culvert, pier or dock</heading> <content>Whoever maliciously digs up, removes, displaces, or otherwise injures, destroys or obstructs a bridge, viaduct, culvert, pier, or dock shall be fined not more than $5,000 or imprisoned in the penitentiary not more than 10 years, or both.</content> </section> <section> <num value="2324">§ 2324. </num> <heading>Charging toll without lawful authority</heading> <chapeau>Whoever, without authority of law:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>demands or receives compensation for the use of a bridge or ferry; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>sets up or keeps a road, bridge or ferry or constructed ford forte purpose of receiving any remuneration for the use thereof—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> <section> <num value="2325">§ 2325. </num> <heading>Failure to keep and attend ferry</heading> <content>Whoever, having entered into an undertaking to keep and attend a ferry, violates the conditions of the undertaking, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </chapter> <chapter> <num value="115">CHAPTER 115—</num><heading>ROBBERY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2361.</designator> <label>Definition of, and punishment for, robbery.</label></referenceItem> <referenceItem role="section"><designator>2362.</designator> <label>Fear as element in robbery.</label></referenceItem> </toc> <section> <num value="2361">§ 2361. </num> <heading>Definition of, and punishment for, robbery</heading> <content>Whoever, by means of force or fear, feloniously takes personal property in the possession of another, from his person or immediate presence and against his will, is guilty of robbery, and shall be imprisoned in the penitentiary not more than 20 years.</content> </section> <section> <num value="2362">§ 2362. </num> <heading>Fear as element in robbery</heading> <chapeau>The fear referred to in section 2361 of this title may be the fear of an:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>unlawful injury to the person or property of the person robbed or of a relative of his, or member of his family; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.</content> </paragraph> </section> </chapter> <chapter> <num value="117">CHAPTER 117—</num><heading>SEDUCTION</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2391.</designator> <label>Seduction under promise of marriage.</label></referenceItem> <referenceItem role="section"><designator>2392.</designator> <label>Intermarriage as bar to prosecution.</label></referenceItem> </toc> <section> <num value="2391">§ 2391. </num> <heading>Seduction under promise of marriage</heading> <content>Whoever, under promise of marriage, seduces and has sexual intercourse with an unmarried female of previous good reputation for chastity, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> <page identifier="/us/stat/76a/492">492</page> <section> <num value="2392">§ 2392. </num> <heading>Intermarriage as bar to prosecution</heading> <content>The intermarriage of the parties prior to the trial is a bar to prosecution for a violation of section 2391 of this title.</content> </section> </chapter> <chapter> <num value="119">CHAPTER 119—</num><heading>SEPULTURE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2421.</designator> <label>Mutilation or removal of human remains.</label></referenceItem> <referenceItem role="section"><designator>2422.</designator> <label>Removal of human remains for sale or dissection.</label></referenceItem> <referenceItem role="section"><designator>2423.</designator> <label>Defacing or injuring tombs, monuments, or cemetery property.</label></referenceItem> <referenceItem role="section"><designator>2424.</designator> <label>Interment or disposal of human remains outside cemetery.</label></referenceItem> </toc> <section> <num value="2421">§ 2421. </num> <heading>Mutilation or removal of human remains</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whoever, without authority of law, mutilates, disinters or removes from the place of interment any human remains, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Subsection (a) of this section does not apply to a person who lawfully removes the remains of a relative or friend for reinterment.</content> </subsection> </section> <section> <num value="2422">§ 2422. </num> <heading>Removal of human remains for sale or dissection</heading> <content>Whoever removes any part of any human remains from a grave or other place where it has been buried, or from a place where it is deposited while awaiting burial, with intent to sell it or to dissect it, without authority of law, or from malice or wantonness, shall be imprisoned in the penitentiary not more than five years.</content> </section> <section> <num value="2423">§ 2423. </num> <heading>Defacing or injuring tombs, monuments, or cemetery property</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Whoever unlawfully or without right willfully:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>destroys, cuts, mutilates, breaks, effaces, defaces, or otherwise injures, tears down, or removes a tomb, gravestone, monument, memorial, or marker in a cemetery, or a gate, door, fence, wall, post or railing, or an enclosure for the protection of a cemetery or any property in a cemetery;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>obliterates a grave, vault, niche, or crypt;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>destroys, cuts, breaks, or injures a building, statue, ornamentation, tree, shrub, or plant within the limits of a cemetery or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>disturbs, obstructs, detains, or interferes with a person carrying or accompanying human remains to a cemetery or funeral establishment, or engaged in a funeral service, or an interment—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Paragraphs (1), (2) and (3) of subsection (a) of this section do not apply to the removal or unavoidable breakage or injury, by a cemetery official or employee acting under lawful authority, of anything placed in or upon a portion of a cemetery in violation of an order, rule or regulation issued under lawful authority, nor to the removal of anything, placed in a cemetery by or with the consent of an official or employee authorized to give consent, which has become in a wrecked, unsightly, or dilapidated condition.</content> </subsection> </section> <section> <num value="2424">§ 2424. </num> <heading>Interment or disposal of human remains outside cemetery</heading> <content>Whoever, except with the permission of the Governor, buries, inters, or otherwise disposes of, any human remains, in any place other than in a cemetery or place of burial existing under the laws of the Canal Zone and in which interments are or have been made, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> </chapter> <page identifier="/us/stat/76a/493">493</page> <chapter> <num value="121">CHAPTER 121—</num><heading>SODOMY AND BESTIALITY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2451.</designator> <label>Sodomy.</label></referenceItem> <referenceItem role="section"><designator>2452.</designator> <label>Bestiality.</label></referenceItem> <referenceItem role="section"><designator>2453.</designator> <label>Penetration sufficient.</label></referenceItem> </toc> <section> <num value="2451">§ 2451. </num> <heading>Sodomy</heading> <chapeau>Whoever carnally knows a male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, shall—</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the act is committed with a person under 16 years of age, be imprisoned in the penitentiary not more than 20 years; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if the act is committed with any other person, be imprisoned in the penitentiary not more than 10 years.</content> </paragraph> </section> <section> <num value="2452">§ 2452. </num> <heading>Bestiality</heading> <content>Whoever carnally copulates with a beast shall be imprisoned in the penitentiary not more than five years.</content> </section> <section> <num value="2453">§ 2453. </num> <heading>Penetration sufficient</heading> <content>Any sexual penetration, however slight, is sufficient to complete either of the crimes prohibited by sections 2451 and 2452 of this title.</content> </section> </chapter> <chapter> <num value="123">CHAPTER 123—</num><heading>STOLEN PROPERTY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2481.</designator> <label>Buying or receiving stolen goods; presumptive evidence.</label></referenceItem> </toc> <section> <num value="2481">§ 2481. </num> <heading>Buying or receiving stolen goods; presumptive evidence</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Whoever buys or receives property which has been stolen or which has been obtained in a manner constituting larceny, embezzlement, the obtaining of money or property by false pretenses, or extortion, knowing the property to have been stolen or so obtained or conceals or withholds any such property from the owner, shall be imprisoned in the penitentiary not more than five years.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the property which has been stolen or has been obtained in a manner described in subsection (a) of this section is brought or received from a person under the age of 18 years, it is presumptive evidence that the person so buying or receiving it knew it to have been stolen or so obtained, unless the property is sold by the minor at a fixed place of business carried on by the minor or his employer.</content> </subsection> </section> </chapter> <chapter> <num value="125">CHAPTER 125—</num><heading>SUICIDE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2511.</designator> <label>Aiding or encouraging suicide.</label></referenceItem> </toc> <section> <num value="2511">§ 2511. </num> <heading>Aiding or encouraging suicide</heading> <content>Whoever deliberately aids, advises or encourages another person to commit suicide, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.</content> </section> </chapter> <chapter> <num value="127">CHAPTER 127—</num><heading>VAGRANCY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2541.</designator> <label>Miscellaneous acts constituting vagrancy.</label></referenceItem> </toc> <section> <num value="2541">§ 2541. </num> <heading>Miscellaneous acts constituting vagrancy</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>is found within or loitering about a building or structure, or a vessel, railroad car, or storage yard, without authority or permission so to be or to do so;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>peddles goods or merchandise about a laborers’ camp or mess house during hours when laborers are ordinarily employed at work, or in or about places where groups of men are at work;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>is found in a public place in such a state of intoxication as to disturb others, or as to be unable, by reason of his condition, to care for his own safety or the safety of others;</content> </paragraph> <page identifier="/us/stat/76a/494">494</page> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>roams about from place to place without any lawful business, and without being able to give a satisfactory account of himself;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>loiters, prowls or wanders upon the property of another, in the nighttime, without visible or lawful business with the owner or occupant thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>while loitering, prowling or wandering upon the property of another in the manner and circumstances described by paragraph (4) of this section, peeks in the door or window of a building or structure located thereon which is inhabited by human beings, without visible or lawful business with the owner or occupant thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>being able by lawful means, to support himself or his spouse or his or her children, willfully refuses or neglects to do so;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>being a common prostitute, wanders in the public streets or highways, or in a place of public resort and behaves in a riotous and indecent manner;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="9">(9) </num> <content>being in a street, highway or public place, accosts a stranger and offers to take him to the house or residence of a prostitute;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="10">(10) </num> <content>being a common prostitute or nightwalker, loiters in a street or highway and importunes passengers for the purpose of prostitution;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="11">(11) </num> <content>wanders abroad or places himself in a public place, street, wharf, highway, court or passage in order to beg or gather alms or to cause procure or encourage a child to so do;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="12">(12) </num> <content>being in a street, highway or public place, accosts a stranger or follows him about, without lawful authority or excuse;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="13">(13) </num> <content>pretends or professes to tell fortunes by palmistry, “obeah” or any such like superstitious means, or uses or pretends to use any subtle craft or device, in order to deceive and impose upon other persons;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="14">(14) </num> <content>lives in or loiters about houses of ill fame;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="15">(15) </num> <content>wanders about the streets at late or unusual hours of night, without any visible or lawful business, and without being able to give a satisfactory account of himself;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="16">(16) </num> <content>loiters in or about public toilets in public places;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="17">(17) </num> <content>annoys or molests a child under the age of 18 years;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="18">(18) </num> <content>loiters about a school or public place at or near which school children attend;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="19">(19) </num> <content>willfully exposes to view in a street, road, highway or public place, or in the window or other part of a shop or other building situated in a street, road, highway or public place, an obscene print, picture or other indecent exhibition;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="20">(20) </num> <content>willfully, openly and obscenely exposes his person in a public street, road, highway or place of public resort, or in view thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="21">(21) </num> <content>wanders abroad and endeavors by the exposure of wounds and deformities to obtain or gather alms;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="22">(22) </num> <content>endeavors to procure charitable contributions under any false or fraudulent pretenses;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="23">(23) </num> <content>being known to be a pickpocket, thief, burglar, or confidence operator, either by his own confession or by his having been convicted as such, and having no visible or other lawful means of support, loiters around a steamboat landing, railroad depot, banking institution, broker’s office, place of amusement, auction room, store shop, or crowded thoroughfare, car, or omnibus, or a public gathering or assembly;</content> </paragraph> <page identifier="/us/stat/76a/495">495</page> <paragraph class="firstIndent1 fontsize10"> <num value="24">(24) </num> <content>has in his custody a picklock, key, crow, jack, bit or other implement with intent to break into a dwelling house, warehouse, store, shop, coachhouse, stable, garage, outbuilding, vehicle, motorboat, launch, or aircraft;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="25">(25) </num> <content>is unlawfully armed with a gun, pistol, cutlass, bludgeon or other offensive weapon;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="26">(26) </num> <content>has upon him an instrument with intent to commit a felonious act; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="27">(27) </num> <content>engages in any kind of disorderly conduct or breach of the peace, or in any act or conduct inciting to violence or tending to provoke or incite another to breach of the peace—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">is a vagrant, and shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> </chapter> <chapter> <num value="129">CHAPTER 129—</num><heading>WEAPONS; HUNTING</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2571.</designator> <label>General prohibition regarding arms.</label></referenceItem> <referenceItem role="section"><designator>2572.</designator> <label>Nonapplicability of section 2571 to certain persons.</label></referenceItem> <referenceItem role="section"><designator>2573.</designator> <label>Permits to keep and carry arms.</label></referenceItem> <referenceItem role="section"><designator>2574.</designator> <label>Penalties for violation.</label></referenceItem> <referenceItem role="section"><designator>2575.</designator> <label>Disposition of arms possessed by persons convicted of crime.</label></referenceItem> </toc> <section> <num value="2571">§ 2571. </num> <heading>General prohibition regarding arms</heading> <chapeau>It is unlawful for a person to carry on or about his person any:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>firearm;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>dirk, dagger, knife, or other arm manufactured or sold for the purpose of offense or defense; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>slung shot, air gun, sword cane, blackjack, or knuckles made of metal or other hard substance.</content> </paragraph> </section> <section> <num value="2572">§ 2572. </num> <heading>Nonapplicability of section 2571 to certain persons</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Section 2571 of this title does not apply to:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>members of the Armed Forces;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>peace officers or officers authorized to execute judicial process of the United States or the Canal Zone; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau>persons engaged in the:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>carrying of mail; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>collection or custody of funds of the United States or a department or agency thereof—</content> </subparagraph> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">while they are engaged in the performance of their respective duties.</continuation> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Section 2571 of this title does not apply to:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>members of gun or pistol clubs organized for the promotion of target practice, when they are going to or from target ranges or are engaged in target practice thereat, if certified copies of the respective constitutions and bylaws of the clubs have been approved by the Governor and filed with the chief of police and fire division; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>persons authorized to have or carry arms by permits granted pursuant to the provisions of this chapter or chapter 87 of Title 2.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>A certificate of membership in a gun or pistol club shall be issued by the organization and approved by the chief of the police and fire division. It shall entitle the holder to carry firearms as provided in this section.</content> </subsection> </section> <section> <num value="2573">§ 2573. </num> <heading>Permits to keep and carry arms</heading> <content>The Governor may authorize the granting of permits to have and carry arms and may prescribe and from time to time amend suitable regulations thereon. Applications for such permits shall be made to the Governor, and must contain the full name, residence and occupation of the applicant. If the applicant is a minor, a permit may not be granted without the consent of his parent or guardian, and no permit may be granted to a minor under 15 years of age.</content> </section> <page identifier="/us/stat/76a/496">496</page> <section> <num value="2574">§ 2574. </num> <heading>Penalties for violation</heading> <content>Whoever, without authority granted under this chapter, carries on or about his person any of the arms specified by section 2571 of this title, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </section> <section> <num value="2575">§ 2575. </num> <heading>Disposition of arms possessed by persons convicted of crime</heading> <content> <p class="indent0 firstIndent1 fontsize10">In rendering a judgment of conviction of any misdemeanor or felony in violation of the laws of the Canal Zone, perpetrated in whole or in part by means of any of the arms specified by section 2571 of this title and section 1473 of Title 2, a judge or magistrate may, in addition to imposing the penalty provided by law for each offense, order the confiscation and disposal of the arms and ammunition found in the possession or under the immediate control of the defendant at the time of his arrest or determined to have been used or carried by him in the perpetration of the offense charged.</p> <p class="indent0 firstIndent1 fontsize10">The court may direct delivery of the arms and ammunition ordered to be confiscated to the chief of the Canal Zone police, or to his successor in title, for official use or any other proper disposition in his discretion.</p> </content> </section> </chapter> <chapter> <num value="131">CHAPTER 131—</num><heading>WEIGHTS AND MEASURES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2601.</designator> <label>False weight or measure defined.</label></referenceItem> <referenceItem role="section"><designator>2602.</designator> <label>Offenses and penalties.</label></referenceItem> </toc> <section> <num value="2601">§ 2601. </num> <heading>False weight or measure defined</heading> <content>A false weight or measure is one which does not conform to the standard established by the National Bureau of Standards of the Department of Commerce of the United States.</content> </section> <section> <num value="2602">§ 2602. </num> <heading>Offenses and penalties</heading> <chapeau>Whoever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>uses a weight or measure, or a weighing or measuring instrument, knowing it to be false, by which use another person is defrauded or otherwise injured;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>knowingly marks or stamps false or short weight or measure, or false tare, on a cask or package, or knowingly sells or offers for sale a cask or package so marked;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>fails to give to the purchaser full weight in a sale of sugar, coal, or other commodity, usually sold by the ton or fractional parts thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>fails to give to the purchaser full weight or measure in a sale of merchandise, wares, article of food or drink, or whatever else is purchased by weight or measure; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>in putting up in a bag or container of any kind, goods usually sold by weight, places in or conceals therein any other substance or thing whatever, including moisture, except such moisture as may be included or absorbed by the goods or commodity therein during preparation for market or processing in accordance with ordinary commercial practice, for the purpose of increasing the weight or measurement of the container with the intent thereby to sell the goods therein or to enable another person to sell them, for an increased weight or measurement—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</continuation> </section> </chapter> </part> <page identifier="/us/stat/76a/497">497</page> <part> <num class="bold" value="2">PART 2—</num><heading class="bold">CRIMINAL PROCEDURE</heading> <toc> <headingItem> <designator><inline class="smallCaps">Chapter</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>201.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Criminal Procedure Generally</inline></label> <target>3501</target></referenceItem> <referenceItem role="chapter"><designator>203.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Security to Keep the Peace</inline></label> <target>3611</target></referenceItem> <referenceItem role="chapter"><designator>205.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Limitation of Actions</inline></label> <target>3661</target></referenceItem> <referenceItem role="chapter"><designator>207.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Complaint, Warrant, and Arrest</inline></label> <target>3701</target></referenceItem> <referenceItem role="chapter"><designator>209.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Appearance Before Magistrate; Preliminary Examination</inline></label> <target>3781</target></referenceItem> <referenceItem role="chapter"><designator>211.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Proceedings in Magistrates’ Courts</inline></label> <target>3841</target></referenceItem> <referenceItem role="chapter"><designator>213.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Information; Dismissal of Actions</inline></label> <target>4011</target></referenceItem> <referenceItem role="chapter"><designator>215.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Mode of Trial; Trial Jury</inline></label> <target>4091</target></referenceItem> <referenceItem role="chapter"><designator>217.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Conduct of the Trial; Verdict</inline></label> <target>4151</target></referenceItem> <referenceItem role="chapter"><designator>219.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Judgment and Execution; Appeals</inline></label> <target>4371</target></referenceItem> <referenceItem role="chapter"><designator>221.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Probation</inline></label> <target>4491</target></referenceItem> <referenceItem role="chapter"><designator>223.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Bail</inline></label> <target>4551</target></referenceItem> <referenceItem role="chapter"><designator>225.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Search and Seizure</inline></label> <target>4741</target></referenceItem> <referenceItem role="chapter"><designator>227.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Coroner; Post-Mortem Examinations</inline></label> <target>4781</target></referenceItem> <referenceItem role="chapter"><designator>229.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Compromising Crimes</inline></label> <target>4821</target></referenceItem> <referenceItem role="chapter"><designator>231.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Mental Incompetency of Defendant</inline></label> <target>4861</target></referenceItem> <referenceItem role="chapter"><designator>233.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Disposal of Stolen or Embezzled Property and Property Taken From Arrested Person</inline></label> <target>4901</target></referenceItem> <referenceItem role="chapter"><designator>235.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Corporations as Defendants</inline></label> <target>4941</target></referenceItem> <referenceItem role="chapter"><designator>237.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Criminal Extradition and Removal</inline></label> <target>4981</target></referenceItem> </toc> <chapter> <num value="201">CHAPTER 201—</num><heading>CRIMINAL PROCEDURE GENERALLY</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3501.</designator> <label>Application of Federal Rules of Criminal Procedure.</label></referenceItem> <referenceItem role="section"><designator>3502.</designator> <label>Criminal action defined.</label></referenceItem> <referenceItem role="section"><designator>3503.</designator> <label>Parties to criminal action.</label></referenceItem> <referenceItem role="section"><designator>3504.</designator> <label>Style of process.</label></referenceItem> <referenceItem role="section"><designator>3505.</designator> <label>Designation of party prosecuted.</label></referenceItem> <referenceItem role="section"><designator>3506.</designator> <label>Rights of defendant to trial and counsel.</label></referenceItem> <referenceItem role="section"><designator>3507.</designator> <label>Right to produce and be confronted with witnesses; depositions; prior testimony.</label></referenceItem> <referenceItem role="section"><designator>3508.</designator> <label>Right of attorney to visit prisoner.</label></referenceItem> <referenceItem role="section"><designator>3509.</designator> <label>Modes of conviction of public offense.</label></referenceItem> <referenceItem role="section"><designator>3510.</designator> <label>Offenses committed within especial maritime and territorial jurisdiction of United States.</label></referenceItem> <referenceItem role="section"><designator>3511.</designator> <label>Restraint before conviction.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">double jeopardy</inline></label></referenceItem> <referenceItem role="section"><designator>3541.</designator> <label>Prohibition of second prosecution for same offense.</label></referenceItem> <referenceItem role="section"><designator>3542.</designator> <label>Conviction, acquittal, or jeopardy; attempts; included offenses.</label></referenceItem> <referenceItem role="section"><designator>3543.</designator> <label>Former acquittal on merits.</label></referenceItem> <referenceItem role="section"><designator>3544.</designator> <label>Former acquittal other than on merits.</label></referenceItem> <referenceItem role="section"><designator>3545.</designator> <label>Dismissal on motion raising defense or objection to information.</label></referenceItem> <referenceItem role="section"><designator>3546.</designator> <label>Dismissal of unsigned information.</label></referenceItem> <referenceItem role="section"><designator>3547.</designator> <label>Dismissal by attorney for government or for want of prosecution.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">charging previous convictions</inline></label></referenceItem> <referenceItem role="section"><designator>3571.</designator> <label>Charging previous conviction of offenses.</label></referenceItem> <referenceItem role="section"><designator>3572.</designator> <label>Pleading judgments.</label></referenceItem> <referenceItem role="section"><designator>3573.</designator> <label>Plea and procedure on charge of previous conviction.</label></referenceItem> <referenceItem role="section"><designator>3574.</designator> <label>Finding on charge of previous conviction.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="3501">§ 3501. </num> <heading>Application of Federal Rules of Criminal Procedure</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Except as otherwise provided in this Code, the forms of process, writs, pleadings, and motions, and the practice and procedure of the district court in criminal proceedings are governed by the then current Federal Rules of Criminal Procedure for the district courts of the United States prescribed by the Supreme Court of the United States pursuant to sections 3771 and 3772 of Title 18, United States Code. All offenses may, however, be prosecuted in the district court by information.</content> </subsection> <page identifier="/us/stat/76a/498">498</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In applying the Federal Rules of Criminal Procedure, the term “district court” includes the United States District Court for the District of the Canal Zone. The terms “district” and “insular possession” include the Canal Zone.</content> </subsection> </section> <section> <num value="3502">§ 3502. </num> <heading>Criminal action defined</heading> <content>The proceedings by which a party charged with a public offense is accused and brought to trial and punishment is known as a criminal action.</content> </section> <section> <num value="3503">§ 3503. </num> <heading>Parties to criminal action</heading> <content>A criminal action which is originally commenced in the Canal Zone is prosecuted in the name of the Government of the Canal Zone as a party against the person charged with the offense.</content> </section> <section> <num value="3504">§ 3504. </num> <heading>Style of process</heading> <content>The style of all process issued by the district, court or a magistrate’s court shall be in the name of the Government of the Canal Zone.</content> </section> <section> <num value="3505">§ 3505. </num> <heading>Designation of party prosecuted</heading> <content>The party prosecuted in a criminal action is designated in this title as the defendant.</content> </section> <section> <num value="3506">§ 3506. </num> <heading>Rights of defendant to trial and counsel</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>In a criminal action the defendant is entitled:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to a speedy and public trial; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to be allowed counsel as in civil actions, or to appear and defend in person and with counsel.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Rule 44 of the Federal Rules of Criminal Procedure applies only in criminal actions within the original jurisdiction of the district court, and is subject to section 10 of Title 3, relating to the public defender.</content> </subsection> </section> <section> <num value="3507">§ 3507. </num> <heading>Right to produce and be confronted with witnesses; depositions; prior testimony</heading> <chapeau>In a criminal action the defendant is entitled to produce witnesses on his behalf and to be confronted with the witnesses against him, in the presence of the court, except that:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the deposition of a witness may be read, upon its being satisfactorily shown to the court that he is dead or insane or cannot with due diligence be found within the Canal Zone, in cases wherein the charge has been preliminarily examined before a committing magistrate and the testimony taken down in question and answer form in the presence of the defendant who has either in person or by counsel cross-examined or had an opportunity to cross-examine the witness;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the testimony on behalf of the government or the defendant of a witness who is deceased, insane, out of the jurisdiction, or who cannot with due diligence be found within the Canal Zone, given on a former trial of the action in the presence of the defendant who has either in person or by counsel cross-examined or had an opportunity to cross-examine the witness, may be admitted;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a deposition may be used as provided by chapter 217 of this title; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>hearsay evidence may he admitted under an exception to the hearsay rule prescribed by section 2962 of Title 5, other than exception (3) therein relating to depositions and prior testimony unless the court finds that the admission of such evidence would violate the traditional right of a defendant in a criminal action to be confronted with the witnesses against him.</content> </paragraph> </section> <page identifier="/us/stat/76a/499">499</page> <section> <num value="3508">§ 3508. </num> <heading>Right of attorney to visit prisoner</heading> <content>An attorney at law entitled to practice in the courts of the Canal Zone may, at the request of a prisoner, after his arrest, visit the person so arrested.</content> </section> <section> <num value="3509">§ 3509. </num> <heading>Modes of conviction of public offense</heading> <chapeau>A person may be convicted of a public offense only:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by the verdict of a jury, accepted and recorded by the court;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>upon a plea of guilty;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>upon a judgment of the district court, when a jury is waived, or upon appeal from a judgment of a magistrate’s court; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>upon a judgment of a magistrate’s court.</content> </paragraph> </section> <section> <num value="3510">§ 3510. </num> <heading>Offenses committed within special maritime and territorial jurisdiction of United States</heading> <content>The practice and procedure in prosecutions under section 143 of Title 3 for offenses committed within the special maritime and territorial jurisdiction of the United States shall be the same as in other criminal actions tried under the laws of the Canal Zone.</content> </section> <section> <num value="3511">§ 3511. </num> <heading>Restraint before conviction</heading> <content>A person charged with a public offense shall not be subjected before conviction to any more restraint than is necessary for his detention to answer the charge.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Double Jeopardy</heading> <section> <num value="3541">§ 3541. </num> <heading>Prohibition of second prosecution for same offense</heading> <content>A person may not be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted.</content> </section> <section> <num value="3542">§ 3542. </num> <heading>Conviction, acquittal, or jeopardy; attempts; included offenses</heading> <content>When the defendant is convicted or acquitted, or has been once placed in jeopardy upon an information, the conviction, acquittal or jeopardy is a bar to another information for the same offense charged in the former, or for an attempt to commit the same, or for an offense necessarily included therein, of which he might have been convicted under that information.</content> </section> <section> <num value="3543">§ 3543. </num> <heading>Former acquittal on merits</heading> <content>Whenever the defendant is acquitted on the merits he is acquitted of the same offense notwithstanding any defect in form or substance in the information on which the trial was had.</content> </section> <section> <num value="3544">§ 3544. </num> <heading>Former acquittal other than on merits</heading> <content>If the defendant was formerly acquitted on the ground of variance between the information and the proof, or the information was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.</content> </section> <section> <num value="3545">§ 3545. </num> <heading>Dismissal on motion raising defense or objection to information</heading> <chapeau>If a motion is granted which raises a defense or objection to an information on the ground that:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>it does not substantially conform to the requirements of this title or the Federal Rules of Criminal Procedure;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>more than one offense is charged;</content> </paragraph> <page identifier="/us/stat/76a/500">500</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the facts stated do not constitute a public offense; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>it contains any matter which if true would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">the judgment is final upon that information, and is a bar to another prosecution for the same offense, unless the court being of the opinion that the objection on which the motion is granted may be avoided in a new information, directs a new information to be filed.</continuation> </section> <section> <num value="3546">§ 3546. </num> <heading>Dismissal of unsigned information</heading> <content>An order to dismiss an information, because it is not subscribed by the United States attorney, is not a bar to a future prosecution for the same offense.</content> </section> <section> <num value="3547">§ 3547. </num> <heading>Dismissal by attorney for government or for want of prosecution</heading> <content>An order for the dismissal of the action, as provided in sections 4051–4053 of this title or Rule 48 of the Federal Rules of Criminal Procedure, is a bar to any other prosecution for the same offense, if it is a misdemeanor, unless the order is explicitly made for the purpose of amending the complaint or information in the action, in which instance the order for dismissal of the action is not a bar to a prosecution upon the amended complaint or information; but an order for the dismissal of the action is not a bar if the offense is a felony.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Charging Previous Convictions</heading> <section> <num value="3571">§ 3571. </num> <heading>Charging previous conviction of offenses</heading> <content>In charging in an information the fact of a previous conviction of felony, or of an attempt to commit an offense which if perpetrated would have been a felony, or of petit larceny, it is sufficient to state, “That the defendant, before the commission of the offense charged in this information, was in (giving the title of the court in which the conviction was had) on (date) convicted of a felony (or attempt, and so forth, or of petit larceny).”</content> </section> <section> <num value="3572">§ 3572. </num> <heading>Pleading judgments</heading> <content>In pleading a judgment or other determination of, or proceeding before, a court or officer of special jurisdiction it is not necessary to state the facts constituting jurisdiction; but the judgment or determination may be stated as given or made, or the proceedings had. The facts constituting jurisdiction, however, shall be established on the trial.</content> </section> <section> <num value="3573">§ 3573. </num> <heading>Plea and procedure on charge of previous conviction</heading> <content>When a defendant who is charged in the information with having suffered a previous conviction pleads either guilty or not guilty of the offense for which he is informed against, he shall be asked whether he has suffered the previous conviction. If he answers that he has, his answer shall be entered by the clerk in the minutes of the court, and, unless withdrawn by consent of the court, shall be conclusive of the fact of his having suffered the previous conviction in all subsequent proceedings. If he answers that he has not, his answer shall be entered by the clerk in the minutes of the court, and the question whether or not he has suffered the previous conviction shall be tried by the court or jury which tries the issue upon the plea of not guilty, or in case of a plea of guilty, by the court or a jury impaneled for that purpose. The refusal of the defendant to answer is equivalent to a denial that he has suffered the previous conviction. If the defendant pleads not guilty, and answers that he has suffered the previous conviction, the charge of the previous conviction may not be read to the court or jury, nor alluded to on the trial.</content> </section> <page identifier="/us/stat/76a/501">501</page> <section> <num value="3574">§ 3574. </num> <heading>Finding on charge of previous conviction</heading> <content>When the fact of a previous conviction of another offense is charged in an information, the court or jury, if it finds a verdict of guilty of the offense with which he is charged, shall also, unless the answer of the defendant admits the charge, find whether or not he has suffered the previous conviction. The verdict of the jury or finding of the court upon a charge of a previous conviction may be: “The charge of previous conviction is true,” or “The charge of previous conviction is not true.”</content> </section> </subchapter> </chapter> <chapter> <num value="203">CHAPTER 203—</num><heading>SECURITY TO KEEP THE PEACE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3611.</designator> <label>Complaint before magistrate of threatened offense.</label></referenceItem> <referenceItem role="section"><designator>3612.</designator> <label>Examination of informer and witnesses.</label></referenceItem> <referenceItem role="section"><designator>3613.</designator> <label>Warrant of arrest.</label></referenceItem> <referenceItem role="section"><designator>3614.</designator> <label>Taking of testimony.</label></referenceItem> <referenceItem role="section"><designator>3615.</designator> <label>Discharge of person complained of.</label></referenceItem> <referenceItem role="section"><designator>3616.</designator> <label>Requiring security to keep the peace.</label></referenceItem> <referenceItem role="section"><designator>3617.</designator> <label>Effect of giving or failing to give security.</label></referenceItem> <referenceItem role="section"><designator>3618.</designator> <label>Discharge after commitment.</label></referenceItem> <referenceItem role="section"><designator>3619.</designator> <label>Approval and filing of undertaking.</label></referenceItem> <referenceItem role="section"><designator>3620.</designator> <label>Assault or threat in presence of magistrate.</label></referenceItem> <referenceItem role="section"><designator>3621.</designator> <label>Breach of undertaking.</label></referenceItem> <referenceItem role="section"><designator>3622.</designator> <label>Action upon the undertaking.</label></referenceItem> <referenceItem role="section"><designator>3623.</designator> <label>Security to keep peace not otherwise required.</label></referenceItem> </toc> <section> <num value="3611">§ 3611. </num> <heading>Complaint before magistrate of threatened offense</heading> <content>A complaint may be laid before a magistrate that a person has threatened to commit an offense against the person or property of another.</content> </section> <section> <num value="3612">§ 3612. </num> <heading>Examination of informer and witnesses</heading> <chapeau>When the complaint is laid before the magistrate he shall:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>examine under oath the informer and any witness he may produce;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>take their depositions in writing and cause them to be subscribed by the parties making them; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>examine all other proofs that may be presented.</content> </paragraph> </section> <section> <num value="3613">§ 3613. </num> <heading>Warrant of arrest</heading> <content>If it appears that there is just reason to fear the commission of the offense threatened by the person so informed against, the magistrate shall issue a warrant directed to any constable or policeman, reciting the substance of the complaint and commanding the officer forthwith to arrest the person informed of and bring him before the magistrate.</content> </section> <section> <num value="3614">§ 3614. </num> <heading>Taking of testimony</heading> <content>When the person informed against is brought before the magistrate and the charge is controverted, the magistrate shall take testimony in relation thereto. The evidence shall be reduced to writing and subscribed by the witnesses.</content> </section> <section> <num value="3615">§ 3615. </num> <heading>Discharge of person complained of</heading> <content>If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of shall be discharged and the complaining witness shall pay the costs.</content> </section> <section> <num value="3616">§ 3616. </num> <heading>Requiring security to keep the peace</heading> <content>If there is just reason to fear the commission of the offense the person complained of may be required to enter into an undertaking in a sum fixed by the magistrate, not exceeding $1,000, with one or more sufficient sureties, to keep the peace toward the Government of the Canal Zone and particularly toward the informer. The undertaking shall be valid and binding for six months and may upon the <page identifier="/us/stat/76a/502">502</page> renewal of the complaint be extended for a longer period or a new undertaking may be required.</content> </section> <section> <num value="3617">§ 3617. </num> <heading>Effect of giving or falling to give security</heading> <content>If the undertaking required by section 3616 of this title is given, the party informed against shall be discharged. If he does not give it, the magistrate shall commit him to jail, specifying in the order of commitment the requirement to give security, the amount thereof, and the omission to give it.</content> </section> <section> <num value="3618">§ 3618. </num> <heading>Discharge after commitment</heading> <content>If a person complained of is committed for not giving the undertaking required by section 3616 of this title, he may be discharged upon giving it.</content> </section> <section> <num value="3619">§ 3619. </num> <heading>Approval and filing of undertaking</heading> <content>The undertaking required by section 3616 of this title, if satisfactory, shall be approved by, and filed with, the magistrate.</content> </section> <section> <num value="3620">§ 3620. </num> <heading>Assault or threat in presence of magistrate</heading> <content>A person who in the presence of a magistrate assaults or threatens to assault another, or to commit an offense against his person or property, may be ordered by the magistrate to give security as provided by this chapter, and if he refuses to do so, may be committed as provided by section 3617 of this title.</content> </section> <section> <num value="3621">§ 3621. </num> <heading>Breach of undertaking</heading> <content>Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken.</content> </section> <section> <num value="3622">§ 3622. </num> <heading>Action upon the undertaking</heading> <content>Upon the United States attorney’s producing evidence of a conviction referred to in section 3621 of this title to the district court, the court shall order the undertaking to be prosecuted and the United States attorney shall thereupon commence an action upon it in the name of the Government of the Canal Zone.</content> </section> <section> <num value="3623">§ 3623. </num> <heading>Security to keep peace not otherwise required</heading> <content>Security to keep the peace or to be of good behavior may not be required except as prescribed in this chapter.</content> </section> </chapter> <chapter> <num value="205">CHAPTER 205—</num><heading>LIMITATION OF ACTIONS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3661.</designator> <label>Crimes having no limitation.</label></referenceItem> <referenceItem role="section"><designator>3662.</designator> <label>Felonies generally.</label></referenceItem> <referenceItem role="section"><designator>3663.</designator> <label>Misdemeanors.</label></referenceItem> <referenceItem role="section"><designator>3664.</designator> <label>Exception when defendant is out of Canal Zone.</label></referenceItem> </toc> <section> <num value="3661">§ 3661. </num> <heading>Crimes having no limitation</heading> <content>There is no limitation of time within which a prosecution for murder, the embezzlement of public moneys or the falsification of public records must be commenced.</content> </section> <section> <num value="3662">§ 3662. </num> <heading>Felonies generally</heading> <content>The prosecution for any felony other than murder, the embezzlement of public money or the falsification of public records, may be commenced only within three years after its commission.</content> </section> <section> <num value="3663">§ 3663. </num> <heading>Misdemeanors</heading> <content>The prosecution for any misdemeanor may be commenced within one year only after its commission.</content> </section> <section> <num value="3664">§ 3664. </num> <heading>Exception when defendant is out of Canal Zone</heading> <content>Time during which the defendant is not an inhabitant of, or usually resident within, the Canal Zone, is not a part of the limitations prescribed by sections 3682 and 3663 of this title.</content> </section> </chapter> <page identifier="/us/stat/76a/503">503</page> <chapter> <num value="207">CHAPTER 207—</num><heading>COMPLAINT, WARRANT, AND ARREST</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">complaint; warrant of arrest</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3701.</designator> <label>Complaint.</label></referenceItem> <referenceItem role="section"><designator>3702.</designator> <label>Warrant or summons upon complaint.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">arrest</inline></label></referenceItem> <referenceItem role="section"><designator>3731.</designator> <label>Arrest defined.</label></referenceItem> <referenceItem role="section"><designator>3732.</designator> <label>Method of making arrest; restraint.</label></referenceItem> <referenceItem role="section"><designator>3733.</designator> <label>Peace officers defined.</label></referenceItem> <referenceItem role="section"><designator>3734.</designator> <label>Arrests by peace officers with or without warrant.</label></referenceItem> <referenceItem role="section"><designator>3735.</designator> <label>Arrests by private persons.</label></referenceItem> <referenceItem role="section"><designator>3736.</designator> <label>Oral order for arrest.</label></referenceItem> <referenceItem role="section"><designator>3737.</designator> <label>Authority to summon assistance.</label></referenceItem> <referenceItem role="section"><designator>3738.</designator> <label>Time of arrest.</label></referenceItem> <referenceItem role="section"><designator>3739.</designator> <label>Manner of making arrest.</label></referenceItem> <referenceItem role="section"><designator>3740.</designator> <label>Use of all reasonable means.</label></referenceItem> <referenceItem role="section"><designator>3741.</designator> <label>Breaking door or window.</label></referenceItem> <referenceItem role="section"><designator>3742.</designator> <label>Escape or rescue; retaking.</label></referenceItem> <referenceItem role="section"><designator>3743.</designator> <label>Taking weapons from person arrested.</label></referenceItem> <referenceItem role="section"><designator>3744.</designator> <label>Taking of fingerprints and photographs.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Complaint; Warrant of Arrest</heading> <section> <num value="3701">§ 3701. </num> <heading>Complaint</heading> <content>The complaint is a written statement of the essential facts constituting the offense charged. It shall be made upon oath before a magistrate or other officer empowered to commit persons charged with offenses and may be based upon information and belief.</content> </section> <section> <num value="3702">§ 3702. </num> <heading>Warrant or summons upon complaint</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Rule 4 of the Federal Rules of Criminal Procedure applies to the issuance, form, execution or service, and return of a warrant of arrest or summons upon a complaint. As to proceedings within the Canal Zone, references in Rule 4 to a commissioner shall be deemed to refer to a magistrate.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Notwithstanding Rule 4(b)(1) of the Federal Rules of Criminal Procedure, the warrant shall command that the defendant be arrested and brought before the magistrate of the subdivision in which the offense was committed if the arrest is made in the Canal Zone, or before the nearest available United States commissioner if the arrest is made outside the Canal Zone.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Notwithstanding Rule 4(c)(2) and Rule 9(c)(1) of the Federal Rules of Criminal Procedure, a warrant of arrest issued upon a complaint or information may be executed outside the Canal Zone only if the offense charged is an offense against the United States.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Notwithstanding the first sentence of Rule 4(c)(4) of the Federal Rules of Criminal Procedure, the officer executing a warrant in the Canal Zone shall make return thereof to the magistrate, commissioner, or other officer before whom the defendant is brought pursuant to section 3781 of this title.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Arrest</heading> <section> <num value="3731">§ 3731. </num> <heading>Arrest defined</heading> <content>An arrest is taking a person into custody in a case and in the manner authorized by law.</content> </section> <section> <num value="3732">§ 3732. </num> <heading>Method of making arrest; restraint</heading> <content>An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessary for his arrest and detention.</content> </section> <page identifier="/us/stat/76a/504">504</page> <section> <num value="3733">§ 3733. </num> <heading>Peace officers defined</heading> <chapeau>The following are peace officers:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the marshal and deputy marshals;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>constables of the magistrates’ courts; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>all officers and members of the police force.</content> </paragraph> </section> <section> <num value="3734">§ 3734. </num> <heading>Arrests by peace officers with or without warrant</heading> <chapeau>A peace officer may make an arrest in obedience to a warrant. He may arrest a person without a warrant when:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>he has reasonable cause to believe that the person to be arrested has committed a public offense in his presence;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the person to be arrested has committed a felony, although not in his presence; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>he has reasonable cause to believe that the person to be arrested has committed a felony, whether or not a felony has in fact been committed.</content> </paragraph> </section> <section> <num value="3735">§ 3735. </num> <heading>Arrests by private persons</heading> <chapeau>A private person may arrest another:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for a public offense committed or attempted in his presence;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when the person arrested has committed a felony although not in his presence; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>when a felony has been in fact committed and he has reasonable cause for believing the person arrested to have committed it.</content> </paragraph> </section> <section> <num value="3736">§ 3736. </num> <heading>Oral order for arrest</heading> <content>The district judge, United States attorney, or a magistrate may orally order a peace officer or private person to arrest anyone committing or attempting to commit a public offense in the presence of the judge, United States attorney or magistrate.</content> </section> <section> <num value="3737">§ 3737. </num> <heading>Authority to summon assistance</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A peace officer attempting to serve a criminal process issued by a court or other authority, may summon a sufficient number of men to assist in the arresting or safekeeping of a person who refuses to be taken or who is likely to make his escape.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A person making an arrest may orally summon as many persons as he deems necessary to aid him therein.</content> </subsection> </section> <section> <num value="3738">§ 3738. </num> <heading>Time of arrest</heading> <content>If the offense charged is a felony, an arrest may be made on any day and at any time of day or night. If it is a misdemeanor, an arrest may not be made at night, except upon direction of a magistrate by indorsement on the warrant or except when the offense is committed in the presence of the arresting officer.</content> </section> <section> <num value="3739">§ 3739. </num> <heading>Manner of making arrest</heading> <content>A person making an arrest shall inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the person making the arrest has reasonable cause to believe that the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or the person to be arrested is pursued immediately after its commission, or after an escape.</content> </section> <section> <num value="3740">§ 3740. </num> <heading>Use of all reasonable means</heading> <content>If a person about to be arrested either flees or forcibly resists, after he has been informed of the intention of the arresting officer to place him under arrest, the officer may use all reasonable means to effect the arrest.</content> </section> <page identifier="/us/stat/76a/505">505</page> <section> <num value="3741">§ 3741. </num> <heading>Breaking door or window</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>To make an arrest, a private person if the offense is a felony, and a peace officer, in all cases, may break open the door or window of the house in which the person to be arrested is, or in which they have reasonable grounds for believing him to be, after having demanded admittance and explained the purpose for which admittance is desired.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A person who has lawfully entered a house for the purpose of making an arrest may break open the door or window thereof if detained therein, when necessary for the purpose of liberating himself. An officer may do the same when necessary for the purpose of liberating a person who, acting in his aid, lawfully entered for the purpose of making an arrest and is detained therein.</content> </subsection> </section> <section> <num value="3742">§ 3742. </num> <heading>Escape or rescue; retaking</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If a person arrested escapes or is rescued, a person from whose custody he escaped or was rescued may immediately pursue and retake him at any time and in any place.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>To retake a person escaping or rescued, a person pursuing may break open an outer or inner door or window of a dwelling house if after notice of his intention he is refused admittance.</content> </subsection> </section> <section> <num value="3743">§ 3743. </num> <heading>Taking weapons from person arrested</heading> <content>A person making an arrest may bike from the person arrested all dangerous weapons which he may have about his person.</content> </section> <section> <num value="3744">§ 3744. </num> <heading>Taking of fingerprints and photographs</heading> <content>A person arrested for an offense, except for violations of regulations prescribed pursuant to law which are triable in the magistrates’ courts, shall be fingerprinted, photographed, weighed, and measured for height.</content> </section> </subchapter> </chapter> <chapter> <num value="209">CHAPTER 209—</num><heading>APPEARANCE BEFORE MAGISTRATE; PRELIMINARY EXAMINATION</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3781.</designator> <label>Taking defendant before magistrate.</label></referenceItem> <referenceItem role="section"><designator>3782.</designator> <label>Release by peace officer without appearance before magistrate.</label></referenceItem> <referenceItem role="section"><designator>3783.</designator> <label>Admission to bail in subdivision of arrest.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">preliminary examination by magistrates of offenses triable in district court</inline></label></referenceItem> <referenceItem role="section"><designator>3801.</designator> <label>Preliminary examination.</label></referenceItem> <referenceItem role="section"><designator>3802.</designator> <label>Committing defendant to district court.</label></referenceItem> <referenceItem role="section"><designator>3803.</designator> <label>Form of commitment.</label></referenceItem> <referenceItem role="section"><designator>3804.</designator> <label>Material witnesses; bail; commitment.</label></referenceItem> <referenceItem role="section"><designator>3805.</designator> <label>Material witnesses; depositions.</label></referenceItem> <referenceItem role="section"><designator>3806.</designator> <label>Disposition of papers and bail.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="3781">§ 3781. </num> <heading>Taking defendant before magistrate</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A peace officer making an arrest under a warrant issued upon a complaint, or making an arrest without a warrant, or to whom an arrested person is delivered under subsection (b) of this section, shall take the arrested person without unnecessary delay before the magistrate of the subdivision wherein the offense was committed.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A private person making an arrest shall without unnecessary delay deliver the arrested person to a peace officer or take him before the magistrate of the subdivision wherein the offense was committed.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>When a person arrested without a warrant is brought before a magistrate, a complaint shall be filed forthwith.</content> </subsection> <page identifier="/us/stat/76a/506">506</page> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>This section does not apply to arrests outside the Canal Zone which are governed by Rule is of the Federal Rules of Criminal Procedure.</content> </subsection> </section> <section> <num value="3782">§ 3782. </num> <heading>Release by peace officer without appearance before magistrate</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>A peace officer may release from custody, instead of taking before a magistrate, any person arrested without a warrant whenever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the peace officer is satisfied that there is no ground for making a criminal complaint against the person arrested; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the person arrested was arrested for intoxication only, an no further proceedings are desirable.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If a person is released pursuant to subsection (a)(1) of this section the record of the arrest shall include a record of the release and thereafter the proceedings shall be deemed a detention only and not an arrest.</content> </subsection> </section> <section> <num value="3783">§ 3783. </num> <heading>Admission to bail in subdivision of arrest</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If a defendant is arrested in a subdivision other than the subdivision wherein the offense was committed, the officer shall, upon being required by the defendant, take him before the magistrate of the subdivision of arrest, who may admit the defendant to bail to answer within a reasonable time before the magistrate of the subdivision wherein the offense was committed.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Upon the taking of bail as provided by subsection (a) of this section, the magistrate shall certify that fact on the warrant, and deliver the warrant and undertaking of bail to the officer having charge of the defendant. The officer shall then release the defendant from custody, and without delay deliver the warrant and undertaking to the magistrate before whom the defendant is required to appear.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>If, on the admission of the defendant to bail as provided by subsection (a) of this section, the bail is not forthwith given, the officer shall take the defendant before the magistrate of the subdivision wherein the offense was committed.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Preliminary Examination by Magistrates of Offenses Triable in District Court</heading> <section> <num value="3801">§ 3801. </num> <heading>Preliminary examination</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Unless waived by both parties, when a person is charged with an offense not triable before a magistrate, the magistrate shall hold a preliminary examination.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The magistrate shall inform the defendant of the complaint against him, of his right to retain counsel and of his right to have a preliminary examination. He shall also inform the defendant that he is not required to make a statement and that any statement made by him may be used against him. The magistrate shall allow the defendant reasonable time and opportunity to consult counsel and shall admit the defendant to bail as provided in this title and the Federal Rules of Criminal Procedure.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The defendant shall not be called upon to plead. If both parties waive preliminary examination, the magistrate shall forthwith hold the defendant to answer in the district court. If examination is not waived, the magistrate shall hear the evidence in a reasonable time. The defendant may cross-examine witnesses against him and may introduce evidence in his own behalf. If from the evidence it appears to the magistrate that there is probable cause to believe that an offense has been committed and that the defendant has committed it, the magistrate shall forthwith hold him to answer in the district court; otherwise the magistrate shall discharge him. The magistrate shall <page identifier="/us/stat/76a/507">507</page> admit the defendant to bail as provided in this title and the Federal Rules of Criminal Procedure.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The United States attorney may conduct an investigation and present an information to the district court as provided by sections 4012 and 4013 of this title after a defendant has been discharged by a magistrate’s court.</content> </subsection> </section> <section> <num value="3802">§ 3802. </num> <heading>Committing defendant to district court</heading> <content>When a magistrate orders the defendant to be held to answer, after preliminary examination in cases triable in the district court, and the defendant is not admitted to bail or does not give bail, the magistrate shall make out a commitment signed by him with his name and office and deliver it with the defendant to the officer to whom he is committed, or if that officer is not present, to a peace officer, who shall deliver the defendant to the proper custody, together with the commitment.</content> </section> <section> <num value="3803">§ 3803. </num> <heading>Form of commitment</heading> <content> <p class="indent0 firstIndent1 fontsize10">The commitment must be to the following effect:</p> <p class="rightAlign">Magistrate’s Court, Town and Subdivision of <fillIn style="font-family:monospace">_ _ _ _ _</fillIn>,</p> <p class="indent0 firstIndent1 fontsize10">The Government of the Canal Zone, to the warden of the jail of <fillIn style="font-family:monospace">_ _ _ _ _</fillIn></p> <p class="indent0 firstIndent1 fontsize10">An order having been this day made by me, that <fillIn style="font-family:monospace">_ _ _ _ _</fillIn> be held to answer upon a charge of (stating briefly the nature of the offense and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged.</p> <p class="indent0 firstIndent1 fontsize10">Dated this <fillIn style="font-family:monospace">_ _ _ _ _</fillIn> day of <fillIn style="font-family:monospace">_ _ _ _ _</fillIn>, nineteen <fillIn style="font-family:monospace">_ _ _ _ _</fillIn>.</p> </content> </section> <section> <num value="3804">§ 3804. </num> <heading>Material witnesses; bail; commitment</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the Government a written undertaking to the effect that he will appear and testify at the court to which the warrant and other proceedings are to be sent, or that he will forfeit the sum of $100.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>When a magistrate is satisfied by proof on oath that there is reason to believe that a witness referred to by subsection (a) of this section will not appear and testify unless security is required, he may order the witness to enter into a written undertaking, with sureties, in such sum as the magistrate deems proper, for his appearance as prescribed by subsection (a) of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the magistrate shall commit him to jail until he complies or is legally discharged.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Upon the failure to appear of a witness who has entered into an undertaking to appear, the undertaking is forfeited in the same manner as undertakings of bail.</content> </subsection> </section> <section> <num value="3805">§ 3805. </num> <heading>Material witnesses; depositions</heading> <content>When it satisfactorily appears by examination, on oath, of the witness or any other person, that the witness is unable to procure sureties, he may be forthwith conditionally examined before the magistrate on behalf of the Government. The examination shall be by question and answer, in the presence of the defendant or after notice to him if on bail, and conducted in the manner provided by sections 4286–4300 of this title, and the witness shall be thereupon discharged. The deposition may be used upon the trial under the same conditions as prescribed by section 4301 of this title. This section does not apply to an accomplice in the commission of the offense charged.</content> </section> <page identifier="/us/stat/76a/508">508</page> <section> <num value="3806">§ 3806. </num> <heading>Disposition of papers and bail</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A magistrate shall keep all papers relating to criminal matters in which a preliminary examination has been held in good order and on file in his office until an information is filed in the district court.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Within two days after the preliminary examination, the magistrate shall deliver to the United States attorney a transcript of all proceedings had in the action, and copies of all papers relating thereto including the original complaint, warrant, affidavits and the names of the witnesses.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Upon the filing of an information by the United States attorney, the magistrate shall deliver to the clerk of the district court all papers relating to the proceedings and all undertakings or moneys deposited in lieu thereof with the magistrate for appearance in the district court.</content> </subsection> </section> </subchapter> </chapter> <chapter> <num value="211">CHAPTER 211—</num><heading>PROCEEDINGS IN MAGISTRATES’ COURTS</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3841.</designator> <label>Provisions applicable to magistrates’ courts.</label></referenceItem> <referenceItem role="section"><designator>3842.</designator> <label>Rules of procedure in criminal actions in magistrates’ courts.</label></referenceItem> <referenceItem role="section"><designator>3843.</designator> <label>Criminal dockets.</label></referenceItem> <referenceItem role="section"><designator>3844.</designator> <label>Computation of time.</label></referenceItem> <referenceItem role="section"><designator>3845.</designator> <label>Presence of defendant.</label></referenceItem> <referenceItem role="section"><designator>3846.</designator> <label>Harmless error; plain error.</label></referenceItem> <referenceItem role="section"><designator>3847.</designator> <label>Application of general provisions.</label></referenceItem> <referenceItem role="section"><designator>3848.</designator> <label>Double jeopardy.</label></referenceItem> <referenceItem role="section"><designator>3849.</designator> <label>Security to keep the peace.</label></referenceItem> <referenceItem role="section"><designator>3850.</designator> <label>Limitation of actions.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">complaint, arrest, trial, and judgment</inline></label></referenceItem> <referenceItem role="section"><designator>3881.</designator> <label>Complaint, warrant, and arrest.</label></referenceItem> <referenceItem role="section"><designator>3882.</designator> <label>Appearance before magistrate.</label></referenceItem> <referenceItem role="section"><designator>3883.</designator> <label>Postponement or continuance of trial.</label></referenceItem> <referenceItem role="section"><designator>3884.</designator> <label>Dismissal of actions.</label></referenceItem> <referenceItem role="section"><designator>3885.</designator> <label>Amendment of complaint.</label></referenceItem> <referenceItem role="section"><designator>3886.</designator> <label>Joinder of offenses and defendants.</label></referenceItem> <referenceItem role="section"><designator>3887.</designator> <label>Trial together of complaints; relief from prejudicial joinder.</label></referenceItem> <referenceItem role="section"><designator>3888.</designator> <label>Reading complaint to defendant; plea.</label></referenceItem> <referenceItem role="section"><designator>3889.</designator> <label>Proceedings on plea of guilty.</label></referenceItem> <referenceItem role="section"><designator>3890.</designator> <label>Proceedings on plea of not guilty.</label></referenceItem> <referenceItem role="section"><designator>3891.</designator> <label>Conduct of trial; evidence.</label></referenceItem> <referenceItem role="section"><designator>3892.</designator> <label>Judgment and execution; probation.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">appeals to district court</inline></label></referenceItem> <referenceItem role="section"><designator>3921.</designator> <label>Right of appeal by defendant.</label></referenceItem> <referenceItem role="section"><designator>3922.</designator> <label>Manner of taking appeal.</label></referenceItem> <referenceItem role="section"><designator>3923.</designator> <label>Transmitting warrant and complaint to district court.</label></referenceItem> <referenceItem role="section"><designator>3924.</designator> <label>Trial de novo in district court.</label></referenceItem> <referenceItem role="section"><designator>3925.</designator> <label>Amendment of complaint in district court.</label></referenceItem> <referenceItem role="section"><designator>3926.</designator> <label>Appeals by Government.</label></referenceItem> <referenceItem role="section"><designator>3927.</designator> <label>Withdrawal of appeal by defendant.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">criminal contempts</inline></label></referenceItem> <referenceItem role="section"><designator>3961.</designator> <label>Summary disposition.</label></referenceItem> <referenceItem role="section"><designator>3962.</designator> <label>Disposition; notice and hearing.</label></referenceItem> <referenceItem role="section"><designator>3963.</designator> <label>Judgment.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="3841">§ 3841. </num> <heading>Provisions applicable to magistrates’ courts</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Magistrates’ courts being courts of limited jurisdiction, this Part, other than this chapter, applies to magistrates’ courts and the proceedings therein only to the went to which it is specifically made applicable by this chapter.</content> </subsection> <page identifier="/us/stat/76a/509">509</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>The Federal Rules of Criminal Procedure do not apply to magistrates’ courts unless:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>they are incorporated by reference in a section of this Part and the section is applicable to the magistrates’ courts under this chapter; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>they are specifically made applicable by this chapter.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>When a provision of law or of the Federal Rules of Criminal Procedure governing the district court is applicable to the magistrates’ courts, references therein to the court or judge shall be deemed to refer to the magistrate; references to the marshal shall be deemed to refer to the constable; and references to the clerk of the district court shall be deemed to refer to the magistrate.</content> </subsection> </section> <section> <num value="3842">§ 3842. </num> <heading>Rules of procedure in criminal actions in magistrates’ courts</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The district court may from time to time make and amend rules governing criminal procedure in the magistrates’ courts not inconsistent with law.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Each magistrate may from time to time make and amend rules governing criminal procedure in his court not inconsistent with law or with the rules adopted by the district court pursuant to subsection (a) of this section. Copies of rules and amendments so made by a magistrate shall be filed promptly with the district court.</content> </subsection> </section> <section> <num value="3843">§ 3843. </num> <heading>Criminal dockets</heading> <chapeau>Each magistrate shall keep a book denominated the “criminal docket”, which shall be separate and distinct from the civil docket, in which he shall enter:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the title of every action or proceeding which shall be “Government of the Canal Zone vs. <fillIn style="font-family:monospace">----</fillIn>, defendant”;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the date of the warrant;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the defendant’s name and when arrested;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the names of the complainant and the witnesses and whether or not they testified;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the time of issuing summons and the return thereon by the person who served it; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the time of trial and the judgment thereon, or if there is no trial under a plea of guilty, the amount of fine or time of imprisonment, or if it is a case in which the offense is beyond the jurisdiction of the magistrate’s court, the commitment or bail, or whatever proceeding is had therein.</content> </paragraph> </section> <section> <num value="3844">§ 3844. </num> <heading>Computation of time</heading> <content>Rule 45(a) of the Federal Rules of Criminal Procedure applies to the computation of time in criminal actions in the magistrates’ courts.</content> </section> <section> <num value="3845">§ 3845. </num> <heading>Presence of defendant</heading> <content>The defendant in a criminal action in a magistrate’s court shall be present at every stage of the trial, including the rendering of judgment and the imposition of sentence, except as otherwise provided by this section. The defendant’s voluntary absence after the trial has commenced in his presence shall not prevent continuing the trial to and including the rendering of judgment. A corporation may appear by counsel for all purposes. With the written consent of the defendant, the magistrate’s court may permit reading of the complaint, plea, trial, and imposition of sentence in the defendant’s absence.</content> </section> <page identifier="/us/stat/76a/510">510</page> <section> <num value="3846">§ 3846. </num> <heading>Harmless error; plain error</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>An error, defect, irregularity or variance which does not affect substantial rights shall be disregarded by a magistrate’s court.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.</content> </subsection> </section> <section> <num value="3847">§ 3847. </num> <heading>Application of general provisions</heading> <chapeau>The following provisions of this chapter apply in the magistrates’ courts unless otherwise provided therein or unless by their nature they are clearly inapplicable:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>sections 3502–3505, 3506(a), and 3507–3511 of this title, relating to criminal procedure generally;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>sections 4551–4557 4559, 4591–4596, 4631–4635, 4671–4673, 4701, 4703, and 4704 of this title, relating to bail;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>sections 4741–4743 of this title, relating to search and seizure;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>sections 4821–4824 of this title, as to compromising crimes;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>sections 4861–4868 of this title, relating to mental incompetency of a defendant;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>sections 4901–4907 of this title, relating to disposal of property stolen or embezzled;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>sections 4941–4944 of this title, relating to corporations as defendants; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="8">(8) </num> <content>chapter 237, section 4981 et seq. of this title, relating to criminal extradition and removal.</content> </paragraph> </section> <section> <num value="3848">§ 3848. </num> <heading>Double jeopardy</heading> <content>Sections 3541–3545 and 3547 of this title, relating to double jeopardy, apply in the magistrates’ courts. References in those sections to an information apply to a complaint in an action triable in a magistrate’s court.</content> </section> <section> <num value="3849">§ 3849. </num> <heading>Security to keep the peace</heading> <content>Sections 3611–3621 and 3623 of this title, relating to security to keep the peace, apply in the magistrates’ courts.</content> </section> <section> <num value="3850">§ 3850. </num> <heading>Limitation of actions</heading> <content>Sections 3663 and 3664 of this title, relating to limitation of actions, apply in the magistrates’ courts.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Complaint, Arrest, Trial, and Judgment</heading> <section> <num value="3881">§ 3881. </num> <heading>Complaint, warrant, and arrest</heading> <content>Sections 3701, 3702, and 3731–3744 of this title relating to complaint, warrant, and arrest, apply in the magistrates’ courts.</content> </section> <section> <num value="3882">§ 3882. </num> <heading>Appearance before magistrate</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Sections 3781–3783 of this title, relating to the taking of a defendant before a magistrate and release by a peace officer without appearance before a magistrate, apply in the magistrates’ courts.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Sections 3801–3806 of this title, relating to preliminary examinations, apply to proceedings before magistrates in actions not triable in the magistrates’ courts.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 4014 of this title applies to the remand of causes to the magistrates’ courts.</content> </subsection> </section> <section> <num value="3883">§ 3883. </num> <heading>Postponement or continuance of trial</heading> <chapeau>Upon good cause shown by either party to a criminal action in a magistrate’s court:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the commencement of the trial may be postponed for a reasonable period; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>after commencement of the trial a continuance for a reasonable period may be granted.</content> </paragraph> </section> <page identifier="/us/stat/76a/511">511</page> <section> <num value="3884">§ 3884. </num> <heading>Dismissal of actions</heading> <content>Sections 4051–4053 of this title, relating to dismissal of actions, apply in the magistrates’ courts to the extent that they specifically refer to proceedings therein.</content> </section> <section> <num value="3885">§ 3885. </num> <heading>Amendment of complaint</heading> <content>A complaint in a magistrate’s court may be amended by the Government without leave of court, at any time before the defendant pleads or before the preliminary examination. An amendment may be permitted at any time thereafter, in the discretion of the court, if it can be done without prejudice to the substantial rights of the defendant.</content> </section> <section> <num value="3886">§ 3886. </num> <heading>Joinder of offenses and defendants</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Two or more offenses may be charged in the same complaint in a magistrate’s court in a separate count for each offense if the offenses charged are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Two or more defendants may be charged in the same complaint in a magistrate’s court if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately and all the defendants need not be charged in each count.</content> </subsection> </section> <section> <num value="3887">§ 3887. </num> <heading>Trial together of complaints; relief from prejudicial joinder</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A magistrate’s court may order two or more complaints to be tried together if the offenses, and the defendants if there is more than one, could have been joined in a single complaint.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If it appears that a defendant or the Government is prejudiced by a joinder of offenses or of defendants in a complaint or by such joinder for trial together, a magistrate’s court may order an election or separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires.</content> </subsection> </section> <section> <num value="3888">§ 3888. </num> <heading>Reading complaint to defendant; plea</heading> <content>When a defendant is put upon trial in a magistrate’s court, the complaint shall be read to the defendant, whereupon the defendant may plead to it. The plea shall be “guilty” or “not guilty”. If the defendant refuses to plead, the magistrate shall enter a plea of not guilty.</content> </section> <section> <num value="3889">§ 3889. </num> <heading>Proceedings on plea of guilty</heading> <content>If the defendant pleads guilty, the magistrate may hear testimony to determine the gravity of the offense and, within 24 hours after the plea of guilty or the hearing of testimony, shall render judgment as to the punishment to be imposed.</content> </section> <section> <num value="3890">§ 3890. </num> <heading>Proceedings on plea of not guilty</heading> <chapeau>If the defendant, after having heard the charge, pleads not guilty, the proceedings shall be as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The witnesses for the prosecution shall be examined under oath.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The witnesses for the defendant, including the defendant himself if he wishes to testify, shall be examined under oath. If the defendant does not testify, section 2866 of Title 5 applies.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Witnesses for the prosecution may be called to testify in rebuttal only of testimony given by the defendant or his witnesses.</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The magistrate shall then consider the evidence, and within 24 hours thereafter shall render judgment. If the defendant is acquitted, he shall be immediately released. If the defendant is ad-<page identifier="/us/stat/76a/512">512</page>judged guilty, the magistrate shall, within the time limit, fine or commit him to jail, or both, as the case may be, unless he is placed on probation.</content> </paragraph> </section> <section> <num value="3891">§ 3891. </num> <heading>Conduct of trial; evidence</heading> <chapeau>Subject to this chapter, the following provisions, except as otherwise provided therein, apply to criminal actions in the magistrates’ courts unless by their nature they are clearly inapplicable:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>chapter 217 of this title, relating to conduct of the trial; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Part 3 of Title 5, relating to evidence.</content> </paragraph> </section> <section> <num value="3892">§ 3892. </num> <heading>Judgment and execution; probation</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Sections 4373–4375, 4411–4413, and 4415–4418 of this title, relating to judgment and execution, apply in the magistrates’ courts.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Sections 4511 and 4512 of this title, relating to suspension of sentence and probation, apply in the magistrates’ courts.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Appeals to District Court</heading> <section> <num value="3921">§ 3921. </num> <heading>Right of appeal by defendant</heading> <content>Appeals by defendants from judgments of the magistrates’ courts to the district court are authorized in all criminal actions.</content> </section> <section> <num value="3922">§ 3922. </num> <heading>Manner of taking appeal</heading> <content>An appeal from the judgment of a magistrate’s court may be taken and perfected by the defendant by giving oral or written notice in the magistrate’s court of his intention so to do at any time within five days after judgment is rendered.</content> </section> <section> <num value="3923">§ 3923. </num> <heading>Transmitting warrant and complaint to district court</heading> <content>Upon the perfection of an appeal by the defendant, the magistrate shall forthwith transmit the warrant and the complaint to the clerk of the district court.</content> </section> <section> <num value="3924">§ 3924. </num> <heading>Trial de novo in district court</heading> <content>All offenses triable in the magistrates’ courts, when appealed by the defendant to the district court, shall be tried de novo on the original complaint. Unless the context clearly indicates otherwise, all references to an information in this Part and in the Federal Rules of Criminal Procedure shall be deemed to include a complaint in an action which is being tried in the district court on appeal.</content> </section> <section> <num value="3925">§ 3925. </num> <heading>Amendment of complaint in district court</heading> <content>The complaint may be amended in the district court as to matters of form or substance where the rights of the defendant are not substantially prejudiced thereby; but the amended complaint may not charge a crime different from that charged or sought to be charged in the original complaint.</content> </section> <section> <num value="3926">§ 3926. </num> <heading>Appeals by Government</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>An appeal may be taken by the Government of the Canal Zone from a magistrate’s court to the district court in all criminal actions:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>from a decision, ruling, or judgment setting aside or dismissing the complaint, or any count thereof, where the decision, ruling, or judgment is based upon the invalidity or construction of the statute or regulation upon which the complaint is founded;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>from a decision, ruling, or judgment dismissing the complaint for insufficiency;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>from a decision, ruling, or judgment sustaining a motion in bar, when the defendant has not been put in jeopardy.</content> </paragraph> </subsection> <page identifier="/us/stat/76a/513">513</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The appeal in cases under this section shall be taken within 10 days after the decision, ruling, or judgment has been rendered by filing in the magistrate’s court a written notice of appeal reflecting the basis or bases for the appeal. The appeal shall be diligently prosecuted.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Pending the prosecution and determination of the appeal under this section, the defendant shall be admitted to bail on his own recognizance.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Upon the perfection of the appeal, the magistrate shall promptly transmit to the district court certified copies of the warrant and complaint together with the transcript of the proceedings reflecting the decision, ruling, or judgment and the magistrate’s basis or bases for it, and a copy of the notice of appeal filed with the magistrate’s court.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>The district court may affirm, modify, vacate, set aside, or reverse a decision, ruling, or judgment lawfully brought before it for review under this section, and may remand the cause and direct the entry of such appropriate decision, ruling, or judgment, or require such further proceedings to be had as may be just under the circumstances.</content> </subsection> </section> <section> <num value="3927">§ 3927. </num> <heading>Withdrawal of appeal by defendant</heading> <content>At any time before a trial de novo begins, a defendant who has appealed may give notice in writing to the district court that he withdraws the appeal. Upon receiving the notice, the clerk of the district court shall return to the magistrate, from whose judgment the appeal was taken, all papers forwarded pursuant to section 3923 of this title and a certified copy of defendant’s notice of withdrawal. Upon receiving these papers, the magistrate shall forthwith take action to enforce the judgment.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Criminal Contempts</heading> <section> <num value="3961">§ 3961. </num> <heading>Summary disposition</heading> <content>A criminal contempt of a magistrate’s court may be punished summarily if the magistrate certifies that he saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court, or in all instances of failure to obey a summons or subpoena of the court if properly served. The order of contempt shall recite the facts and shall be signed by the magistrate and entered in the criminal docket after the defendant is given an opportunity to be heard.</content> </section> <section> <num value="3962">§ 3962. </num> <heading>Disposition; notice and hearing</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <heading class="bold">Form of notice; how given</heading> <content>Except as provided by section 3961 of this title, a criminal contempt of a magistrate’s court shall be prosecuted on notice, and if it occurs in a cause it shall be prosecuted in the cause in which it occurs. The notice shall state the time and place of hearing allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting the contempt charged. The notice may be given orally by the magistrate in open court in the presence of the person charged with criminal contempt or, on application of the United States attorney or of an attorney appointed by the magistrate’s court for that purpose, by an order to show cause or an order of arrest.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <heading class="bold">Bail</heading> <content>If the person charged with criminal contempt gives a good and sufficient bond, or cash deposit in lieu thereof, for his appearance at the hearing, approved by the magistrate, he shall be admitted to bail pending the hearing.</content> </subsection> <page identifier="/us/stat/76a/514">514</page> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <heading class="bold">Disqualification of magistrate</heading> <content>Except as provided by section 3961 of this title, if the criminal contempt charged involves disrespect to, or criticism of, a magistrate, that magistrate is disqualified from presiding at the trial or hearing except with the consent of the person charged with the contempt.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <heading class="bold">Pleas</heading> <content>Where an order to show cause is made, the person charged with criminal contempt may, not later than one day before the return day of the order, or within such time as the court may allow, serve an answer or answering affidavit, or he may plead orally at the hearing.</content> </subsection> </section> <section> <num value="3963">§ 3963. </num> <heading>Judgment</heading> <content>Upon a finding of guilt in a criminal contempt proceeding, the magistrate’s court shall enter a judgment fixing the punishment.</content> </section> </subchapter> </chapter> <chapter> <num value="213">CHAPTER 213—</num><heading>INFORMATION; DISMISSAL OF ACTIONS</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">information</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4011.</designator> <label>Offenses prosecuted by information.</label></referenceItem> <referenceItem role="section"><designator>4012.</designator> <label>Investigation by United States attorney after preliminary examination.</label></referenceItem> <referenceItem role="section"><designator>4013.</designator> <label>Filing information after investigation.</label></referenceItem> <referenceItem role="section"><designator>4014.</designator> <label>Remanding cause to magistrate.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">dismissal of actions</inline></label></referenceItem> <referenceItem role="section"><designator>4051.</designator> <label>Dismissal by attorney for Government.</label></referenceItem> <referenceItem role="section"><designator>4052.</designator> <label>Dismissal by court for want of prosecution; continuance.</label></referenceItem> <referenceItem role="section"><designator>4053.</designator> <label>Discharge of defendant upon dismissal of action.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Information</heading> <section> <num value="4011">§ 4011. </num> <heading>Offenses prosecuted by information</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Every offense of which the district court has original jurisdiction shall be prosecuted by information signed by the United States attorney, or in his absence by an assistant United States attorney.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>The following provisions of the Federal Rules of Criminal Procedure do not apply to the district court:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Rule 6, relating to the grand jury;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Rule 7, subdivisions (a) and (b), relating to use of indictment or information and to waiver of indictment; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>all other provisions relating to an indictment or to a grand jury.</content> </paragraph> </subsection> </section> <section> <num value="4012">§ 4012. </num> <heading>Investigation by United States attorney after preliminary examination</heading> <content>When a defendant has been held to answer in the district court or discharged by a magistrate upon preliminary examination as provided by sections 3801 and 3802 of this title, the United States attorney may, within 20 days thereafter, issue subpoenas for witnesses and examine the witnesses under oath as to the offense charged. The examination shall be conducted in private.</content> </section> <section> <num value="4013">§ 4013. </num> <heading>Filing information after investigation</heading> <content>If it appears from the investigation that a public offense has been committed, and that there is sufficient cause to believe the defendant guilty thereof, the United States attorney shall, within the 20-day period, file an information against the person in the division of the district court in which the offense is triable, charging the defendant with the offense.</content> </section> <page identifier="/us/stat/76a/515">515</page> <section> <num value="4014">§ 4014. </num> <heading>Remanding cause to magistrate</heading> <content>If the offense committed is within the original jurisdiction of a magistrate’s court, the cause shall be remanded thereto for proceedings therein as prescribed by law.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Dismissal of Actions</heading> <section> <num value="4051">§ 4051. </num> <heading>Dismissal by attorney for Government</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>After a defendant has been held to answer in the district court by a magistrate upon preliminary examinations if it appears from the investigation of the United States attorney under section 4012 of this title that a public offense has not been committed or that there is not sufficient cause to believe the defendant guilty the United States attorney shall, within the 20-day period specified in section 4012 of this title, file with the committing magistrate an order that the defendant be discharged, and the magistrate shall forthwith enter an order discharging the defendant.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>After the filing of an information, the United States attorney may by leave of court file a dismissal of the information and the prosecution shall thereupon terminate. The dismissal may not be filed during the trial without the consent of the defendant.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>In an action triable in a magistrate’s court, the United States attorney may file a dismissal of the complaint at any time without leave of court.</content> </subsection> </section> <section> <num value="4052">§ 4052. </num> <heading>Dismissal by court for want of prosecution; continuance</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Unless good cause to the contrary is shown, the prosecution shall be dismissed:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by a magistrate’s court, where a person has been held to answer for a public offense if an information is not filed against him within 20 days thereafter;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by the district court, if a defendant, whose trial has not been postponed upon his application, is not brought to trial in the district court within 120 days after the filing of the information; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by a magistrate’s court, if a defendant, whose trial has not been postponed upon his application, is not brought to trial in a magistrate’s court within 15 days after he is arrested and brought within the jurisdiction of the court.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the defendant is not charged or tried as provided in subsection (a) of this section, and sufficient reason therefor is shown, the court, may order the action to be continued from time to time, and in the meantime may discharge the defendant from custody on his own undertaking or bail for his appearance to answer the charge at the time to which the action is continued.</content> </subsection> </section> <section> <num value="4053">§ 4053. </num> <heading>Discharge of defendant upon dismissal of action</heading> <content>If the district court or a magistrate’s court directs the action to be dismissed, the defendant shall, if in custody, be discharged therefrom; or if admitted to bail, his bail is exonerated, or the money deposited in lieu of bail shall be refunded to him.</content> </section> </subchapter> </chapter> <page identifier="/us/stat/76a/516">516</page> <chapter> <num value="215">CHAPTER 215—</num><heading>MODE OF TRIAL; TRIAL JURY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4091.</designator> <label>Plea and motions upon which issues of fact arise.</label></referenceItem> <referenceItem role="section"><designator>4092.</designator> <label>Jury trial in criminal cases.</label></referenceItem> <referenceItem role="section"><designator>4093.</designator> <label>Definition and kinds of challenge.</label></referenceItem> <referenceItem role="section"><designator>4094.</designator> <label>Panel defined.</label></referenceItem> <referenceItem role="section"><designator>4095.</designator> <label>Challenge to panel; who may challenge.</label></referenceItem> <referenceItem role="section"><designator>4096.</designator> <label>Grounds of challenge to panel.</label></referenceItem> <referenceItem role="section"><designator>4097.</designator> <label>Time and method of challenge to panel.</label></referenceItem> <referenceItem role="section"><designator>4098.</designator> <label>Exception to challenge to panel.</label></referenceItem> <referenceItem role="section"><designator>4099.</designator> <label>Determination on exception to challenge to panel.</label></referenceItem> <referenceItem role="section"><designator>4100.</designator> <label>Denial of challenge to panel and trial thereon.</label></referenceItem> <referenceItem role="section"><designator>4101.</designator> <label>Challenge to panel for bias of summoning officer.</label></referenceItem> <referenceItem role="section"><designator>4102.</designator> <label>Effect of allowance or disallowance of challenge to panel.</label></referenceItem> <referenceItem role="section"><designator>4103.</designator> <label>Informing defendant as to time to challenge individual juror.</label></referenceItem> <referenceItem role="section"><designator>4104.</designator> <label>Kinds of challenge to individual juror.</label></referenceItem> <referenceItem role="section"><designator>4105.</designator> <label>Time for challenge to individual juror.</label></referenceItem> <referenceItem role="section"><designator>4106.</designator> <label>Peremptory challenge.</label></referenceItem> <referenceItem role="section"><designator>4107.</designator> <label>Number of peremptory challenges; waiver.</label></referenceItem> <referenceItem role="section"><designator>4108.</designator> <label>Challenge for cause; kinds.</label></referenceItem> <referenceItem role="section"><designator>4109.</designator> <label>General causes of challenge.</label></referenceItem> <referenceItem role="section"><designator>4110.</designator> <label>Particular causes of challenge.</label></referenceItem> <referenceItem role="section"><designator>4111.</designator> <label>Challenge for implied bias.</label></referenceItem> <referenceItem role="section"><designator>4112.</designator> <label>Exemption from service as cause of challenge.</label></referenceItem> <referenceItem role="section"><designator>4113.</designator> <label>Form and entry of challenge.</label></referenceItem> <referenceItem role="section"><designator>4114.</designator> <label>Exception to or denial of challenge.</label></referenceItem> <referenceItem role="section"><designator>4115.</designator> <label>Trial of challenge to individual juror.</label></referenceItem> <referenceItem role="section"><designator>4116.</designator> <label>Examination of juror and witnesses.</label></referenceItem> <referenceItem role="section"><designator>4117.</designator> <label>Allowance or disallowance of challenge.</label></referenceItem> </toc> <section> <num value="4091">§ 4091. </num> <heading>Plea and motions upon which issues of fact arise</heading> <chapeau>An issue of fact arises in a criminal action upon a:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>plea of not guilty;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>motion raising the defense of a former conviction or acquittal of the same offense; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>motion raising the defense of once in jeopardy.</content> </paragraph> </section> <section> <num value="4092">§ 4092. </num> <heading>Jury trial in criminal cases</heading> <content>Issues of fact in criminal cases within the original jurisdiction of the district court shall be tried by jury, unless a trial by jury is waived in the manner provided by Rule 23(a) of the Federal Rules of Criminal Procedure.</content> </section> <section> <num value="4093">§ 4093. </num> <heading>Definition and kinds of challenge</heading> <chapeau>A challenge is an objection made to the trial jurors, and is of two kinds:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to the panel; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to an individual juror.</content> </paragraph> </section> <section> <num value="4094">§ 4094. </num> <heading>Panel defined</heading> <content>The panel is a list of jurors returned by the marshal to serve for a particular period or for the trial of a particular action.</content> </section> <section> <num value="4095">§ 4095. </num> <heading>Challenge to panel; who may challenge</heading> <content>A challenge to the panel is an objection made to all the jurors returned, and may be taken by either party.</content> </section> <section> <num value="4096">§ 4096. </num> <heading>Grounds of challenge to panel</heading> <chapeau>A challenge to the panel may be founded only on:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a material departure from the forms prescribed with respect to the drawing and return of the jury; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the intentional omission of the marshal to summon one or more of the jurors drawn.</content> </paragraph> </section> <section> <num value="4097">§ 4097. </num> <heading>Time and method of challenge to panel</heading> <content>A challenge to the panel may be taken only before a juror is sworn and shall be in writing or be noted by the reporter. It shall plainly and distinctly state the facts constituting the ground of challenge.</content> </section> <page identifier="/us/stat/76a/517">517</page> <section> <num value="4098">§ 4098. </num> <heading>Exception to challenge to panel</heading> <content>If the sufficiency of the facts alleged as ground of the challenge to the panel is denied the adverse party may except to the challenge. The exception need not be in writing but shall be entered on the minutes of the court or of the reporter and thereupon the court shall proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true.</content> </section> <section> <num value="4099">§ 4099. </num> <heading>Determination on exception to challenge to panel</heading> <content>If on exception to the challenge to the panel the court finds the challenge sufficient, it may if justice requires it permit the party excepting to withdraw his exception and to deny the facts alleged in the challenge. If exception is allowed the court may in like manner permit an amendment of the challenge.</content> </section> <section> <num value="4100">§ 4100. </num> <heading>Denial of challenge to panel and trial thereon</heading> <content>If the challenge to the panel is denied, the denial may be oral and shall be entered on the minutes of the court or of the reporter and the court shall proceed to try the question of fact. Upon the trial the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge.</content> </section> <section> <num value="4101">§ 4101. </num> <heading>Challenge to panel for bias of summoning officer</heading> <content>If the panel is formed from persons whose names are not drawn as jurors, a challenge may be taken to the panel on account of any bias of the officer who summoned them which would be good ground of challenge to a juror. The challenge shall be made in the same form and determined in the same manner as if made to a juror.</content> </section> <section> <num value="4102">§ 4102. </num> <heading>Effect of allowance or disallowance of challenge to panel</heading> <content>If, either upon an exception to the challenge to the panel or a denial of the facts, the challenge is allowed, the court shall discharge the jury as far as the trial in question is concerned. If it is disallowed, the court shall direct the jury to be impaneled.</content> </section> <section> <num value="4103">§ 4103. </num> <heading>Informing defendant as to time to challenge individual juror</heading> <content>Before a juror is called the defendant shall be informed by the court, or under its direction that if he intends to challenge an individual juror he must do so when the juror appears and before he is sworn.</content> </section> <section> <num value="4104">§ 4104. </num> <heading>Kinds of challenge to individual juror</heading> <chapeau>A challenge to an individual juror is either:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>peremptory; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for cause.</content> </paragraph> </section> <section> <num value="4105">§ 4105. </num> <heading>Time for challenge to individual juror</heading> <content>A challenge to an individual juror shall be taken when the juror appears and before he is sworn to try the cause; but the court may for cause permit it to be taken after the juror is sworn and before the jury is completed.</content> </section> <section> <num value="4106">§ 4106. </num> <heading>Peremptory challenge</heading> <content>A peremptory challenge may be taken by either party and may be oral. It is an objection to a juror for which no reason need be given but upon which the court must exclude him.</content> </section> <section> <num value="4107">§ 4107. </num> <heading>Number of peremptory challenges; waiver</heading> <content>Upon a trial by jury in a criminal case, the parties are entitled to peremptory challenges to the extent authorized by Rule 24(b) of the Federal Rules of Criminal Procedure. A waiver of a challenge by either party precludes him, except by consent of court, from <page identifier="/us/stat/76a/518">518</page> thereafter challenging peremptorily any juror then in the jury box, and his remaining challenges shall be limited to jurors thereafter called.</content> </section> <section> <num value="4108">§ 4108. </num> <heading>Challenge for cause; kinds</heading> <chapeau>A challenge for cause may be taken by either party. It is an objection to a particular juror, and is either:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>general—that the juror is disqualified from serving in any case; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>particular—that he is disqualified from serving in the action on trial.</content> </paragraph> </section> <section> <num value="4109">§ 4109. </num> <heading>General causes of challenge</heading> <chapeau>General causes of challenge are:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a conviction of felony;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a want of any of the qualifications prescribed by law to render a person a competent juror; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>unsoundness of mind or such defect in the faculties of the mind or organs of the body as to render him incapable of performing the duties of a juror.</content> </paragraph> </section> <section> <num value="4110">§ 4110. </num> <heading>Particular causes of challenge</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Particular causes of challenge are for:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>such a bias as, when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this title as implied bias; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the existence of a state of mind on the part of the juror in reference to the case, or to either of the parties, which will prevent him from acting with entire impartiality and without prejudice to the substantial rights of either party, which is known in this title as actual bias.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A person may not be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to the jury, founded upon public rumor, statements in public journals, or common notoriety, if it appears to the court upon his declaration under oath or otherwise that he can and will, notwithstanding such an opinion, act impartially and fairly upon the matters to be submitted to him.</content> </subsection> </section> <section> <num value="4111">§ 4111. </num> <heading>Challenge for implied bias</heading> <chapeau>A challenge to an individual juror for implied bias may be taken for:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>consanguinity or affinity within the fourth degree to the person all to be injured by the offense charged, or on whose complaint a prosecution was instituted or to the defendant;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>standing in the relation of guardian and ward, attorney and client, master and servant or landlord and tenant, or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged or on whose complaint the prosecution was instituted, or in his employment on wages;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>being a party adverse to the defendant in a civil action, or having complained against or been accused by him in a criminal prosecution;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>having served on a trial jury which has tried another person for the offense charged;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="5">(5) </num> <content>having been one of a jury formerly sworn to try the same charge, and whose verdict was set aside, or which was discharged without a verdict after the case was submitted to it;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="6">(6) </num> <content>having served as a juror in a civil action brought against the defendant for the act charged as an offense; or</content> </paragraph> <page identifier="/us/stat/76a/519">519</page> <paragraph class="firstIndent1 fontsize10"> <num value="7">(7) </num> <content>if the offense charged is punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty; in which case he may neither be permitted nor compelled to serve as a juror.</content> </paragraph> </section> <section> <num value="4112">§ 4112. </num> <heading>Exemption from service as cause of challenge</heading> <content>An exemption from service on a jury is not a cause of challenge, but the privilege of the person exempted.</content> </section> <section> <num value="4113">§ 4113. </num> <heading>Form and entry of challenge</heading> <content>A challenge may be oral, but shall be entered in the minutes of the court or of the reporter.</content> </section> <section> <num value="4114">§ 4114. </num> <heading>Exception to or denial of challenge</heading> <content>An adverse party may except to the challenge in the same manner as to a challenge to the panel, and the same proceedings shall be had thereon as are prescribed in section 4098 of this title, except that if the exception is allowed the juror shall be excluded. The adverse party may also orally deny the facts alleged as the ground of challenge.</content> </section> <section> <num value="4115">§ 4115. </num> <heading>Trial of challenge to individual juror</heading> <content>If, upon a challenge to an individual juror, the facts are denied, the challenge shall be tried by the court.</content> </section> <section> <num value="4116">§ 4116. </num> <heading>Examination of juror and witnesses</heading> <content>Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness to prove or disprove the challenge and shall answer every question pertinent to the inquiry. Other witnesses may also be examined on either side, and the rules of evidence applicable to the trial of other issues govern the admission or exclusion of evidence on the trial of the challenge.</content> </section> <section> <num value="4117">§ 4117. </num> <heading>Allowance or disallowance of challenge</heading> <content>After the trial of a challenge to an individual juror, the court shall allow or disallow the challenge. Its decision shall be entered in the minutes of the court.</content> </section> </chapter> <chapter> <num value="217">CHAPTER 217—</num><heading>CONDUCT OF THE TRIAL; VERDICT</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">generally</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4151.</designator> <label>Order of proceedings on trial.</label></referenceItem> <referenceItem role="section"><designator>4152.</designator> <label>Number of counsel who may argue cause.</label></referenceItem> <referenceItem role="section"><designator>4153.</designator> <label>View by jury.</label></referenceItem> <referenceItem role="section"><designator>4154.</designator> <label>Forms of verdict</label></referenceItem> <referenceItem role="section"><designator>4155.</designator> <label>Finding degree of crime.</label></referenceItem> <referenceItem role="section"><designator>4156.</designator> <label>Conviction of included offense or attempt.</label></referenceItem> <referenceItem role="section"><designator>4157.</designator> <label>Several defendants; conviction or acquittal of some.</label></referenceItem> <referenceItem role="section"><designator>4158.</designator> <label>Several defendants; several offenses; verdict.</label></referenceItem> <referenceItem role="section"><designator>4159.</designator> <label>Reconsideration of verdict.</label></referenceItem> <referenceItem role="section"><designator>4160.</designator> <label>Judgment upon informal verdict.</label></referenceItem> <referenceItem role="section"><designator>4161.</designator> <label>Recording verdict.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">evidence generally</inline></label></referenceItem> <referenceItem role="section"><designator>4191.</designator> <label>Presumption of innocence; reasonable doubt.</label></referenceItem> <referenceItem role="section"><designator>4192.</designator> <label>Reasonable doubt as to degree of crime.</label></referenceItem> <referenceItem role="section"><designator>4193.</designator> <label>Proof of treason.</label></referenceItem> <referenceItem role="section"><designator>4194.</designator> <label>Discharge of defendant to be witness.</label></referenceItem> <page identifier="/us/stat/76a/520">520</page> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">witnesses; subpoenas</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4231.</designator> <label>Subpoenas generally.</label></referenceItem> <referenceItem role="section"><designator>4232.</designator> <label>Issuance of subpoena.</label></referenceItem> <referenceItem role="section"><designator>4233.</designator> <label>Service of subpoena.</label></referenceItem> <referenceItem role="section"><designator>4234.</designator> <label>Tendering fees and mileage.</label></referenceItem> <referenceItem role="section"><designator>4235.</designator> <label>Place of service; subpoena for taking deposition.</label></referenceItem> <referenceItem role="section"><designator>4236.</designator> <label>Civic liability for disobedience.</label></referenceItem> <referenceItem role="section"><designator>4237.</designator> <label>Summoning witnesses for trial in magistrate’s court.</label></referenceItem> <referenceItem role="section"><designator>4238.</designator> <label>Prisoner as witness.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">depositions</inline></label></referenceItem> <referenceItem role="article"><designator class="centered">Article A—</designator><label>Depositions Generally</label></referenceItem> <referenceItem role="section"><designator>4271.</designator> <label>Depositions on motion of defendant.</label></referenceItem> <referenceItem role="article"><designator class="centered">Article B—</designator><label>Examination of Witness Conditionally</label></referenceItem> <referenceItem role="section"><designator>4291.</designator> <label>Right to have witnesses examined conditionally.</label></referenceItem> <referenceItem role="section"><designator>4292.</designator> <label>Grounds for examination.</label></referenceItem> <referenceItem role="section"><designator>4293.</designator> <label>Form of application for order.</label></referenceItem> <referenceItem role="section"><designator>4294.</designator> <label>Application for order to district court or magistrate.</label></referenceItem> <referenceItem role="section"><designator>4295.</designator> <label>Order for examination.</label></referenceItem> <referenceItem role="section"><designator>4296.</designator> <label>Examination not to take place when grounds nonexistent.</label></referenceItem> <referenceItem role="section"><designator>4297.</designator> <label>Presence of defendant at examination.</label></referenceItem> <referenceItem role="section"><designator>4298.</designator> <label>Subpoena for witness.</label></referenceItem> <referenceItem role="section"><designator>4299.</designator> <label>Testimony; reduction to writing; authentication.</label></referenceItem> <referenceItem role="section"><designator>4300.</designator> <label>Transmittal of deposition to court.</label></referenceItem> <referenceItem role="section"><designator>4301.</designator> <label>Use of deposition in evidence.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">securing the attendance of witnesses from without a state in criminal proceedings</inline></label></referenceItem> <referenceItem role="section"><designator>4331.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>4332.</designator> <label>Summoning witness in Canal Zone to testify in another state.</label></referenceItem> <referenceItem role="section"><designator>4333.</designator> <label>Witness from another State summoned to testify in the Canal Zone.</label></referenceItem> <referenceItem role="section"><designator>4334.</designator> <label>Exemption from arrest and service of process.</label></referenceItem> <referenceItem role="section"><designator>4335.</designator> <label>Uniformity of interpretation.</label></referenceItem> <referenceItem role="section"><designator>4336.</designator> <label>Short title.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Generally</heading> <section> <num value="4151">§ 4151. </num> <heading>Order of proceedings on trial</heading> <chapeau>Unless otherwise directed by the judge, the trial in a criminal action in the district court shall be conducted in the following order:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the United States attorney or other counsel for the Government shall open the cause and offer the evidence in support of the charge;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the defendant or his counsel may then open the defense and offer his evidence in support thereof;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the parties may then respectively offer rebutting testimony only, unless the court for good reason in furtherance of justice permits them to offer evidence upon their original case; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>when the evidence is concluded unless the case is submitted on either side or on both sides without argument, the United States attorney or other counsel for the Government and counsel for the defendant may argue the case; the United States attorney or other counsel for the Government opening the argument and having the right to close.</content> </paragraph> </section> <section> <num value="4152">§ 4152. </num> <heading>Number of counsel who may argue cause</heading> <content>If the information is for an offense punishable with death two counsel on each side may argue the cause. If it is for any other offense the district court may in its discretion restrict the argument to one counsel on each side.</content> </section> <section> <num value="4153">§ 4153. </num> <heading>View by jury</heading> <content>If, in the opinion of the court, it is proper that the jury should view the place in which the offense is charged to have been committed, <page identifier="/us/stat/76a/521">521</page> or in which any other material fact occurred, it may order the jury to be conducted in a body in the custody of the marshal, to the place, which shall be shown to them by a person appointed by the court for that purpose. The marshal shall be sworn to suffer no person to speak or communicate with the jury, nor to do so himself, on any subject connected with the trial, and to return them into court without unnecessary delay or at a specified time.</content> </section> <section> <num value="4154">§ 4154. </num> <heading>Forms of verdict</heading> <content>The verdict upon a plea of not guilty is either “guilty” or “not guilty,” which imports a conviction or acquittal of the offense charged to the information. Upon a defense of a former conviction or acquittal of the same offense or a defense of once in jeopardy, the verdict is either “for the Government” or “for the defendant.” When the defendant is acquitted on the ground that he was insane at the time of the commission of the act charged, the verdict shall be “not guilty by reason of insanity.”</content> </section> <section> <num value="4155">§ 4155. </num> <heading>Finding degree of crime</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>When a crime is distinguished into degrees, a verdict of conviction shall find the degree of the crime of which the defendant is guilty.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>When a crime is distinguished into degrees, upon a plea of guilty, or upon a trial without a jury, the district court or magistrate’s court shall determine the degree before passing sentence.</content> </subsection> </section> <section> <num value="4156">§ 4156. </num> <heading>Conviction of included offense or attempt</heading> <content>The jury, the district court in a case tried without a jury, or the magistrate’s court, may find the defendant guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or of an offense necessarily included therein if the attempt is an offense.</content> </section> <section> <num value="4157">§ 4157. </num> <heading>Several defendants; conviction or acquittal of some</heading> <content>Upon a prosecution against several defendants any one or more may be convicted or acquitted.</content> </section> <section> <num value="4158">§ 4158. </num> <heading>Several defendants; several offenses; verdict</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Rule 31(b) of the Federal Rules of Criminal Procedure applies to verdicts if there are two or more defendants.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If two or more offenses are charged in separate counts in the same information, or in two or more informations tried together, the jury at any time during its deliberations may return a verdict or verdicts with respect to a count or counts as to which it has agreed; if the jury cannot agree with respect to all, the count or counts as to which it does not agree may be tried again.</content> </subsection> </section> <section> <num value="4159">§ 4159. </num> <heading>Reconsideration of verdict</heading> <content>When there is a verdict of conviction, in which it appears to the court that the jury has mistaken the law, the court may explain the reason for that opinion and direct the jury to reconsider its verdict. After the reconsideration, if the jury returns the same verdict, it shall be entered. When there is a verdict of acquittal, the court may not require the jury to reconsider it.</content> </section> <section> <num value="4160">§ 4160. </num> <heading>Judgment upon informal verdict</heading> <content>If the jury persists in finding an informal verdict, from which, however, it can be clearly understood that the jury’s intention is to find in favor of the defendant upon the issue, the verdict shall be entered in the terms in which it is found, and the court shall give judgment of acquittal. A judgment of conviction may not be given unless the jury finds against the defendant upon the issue.</content> </section> <page identifier="/us/stat/76a/522">522</page> <section> <num value="4161">§ 4161. </num> <heading>Recording verdict</heading> <content>When the verdict given is such as the court may receive, the clerk shall immediately record it in full upon the minutes, read it to the jury, and inquire of the jury whether it is its verdict. If any juror disagrees, the fact shall be entered upon the minutes and the jury again sent out; but if no disagreement is expressed, the verdict is complete, and the jury shall be discharged from the case.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Evidence Generally</heading> <section> <num value="4191">§ 4191. </num> <heading>Presumption of innocence; reasonable doubt</heading> <content>A defendant in a criminal action is presumed to be innocent until the contrary is proved and in case of a reasonable doubt as to his guilt is entitled to an acquittal.</content> </section> <section> <num value="4192">§ 4192. </num> <heading>Reasonable doubt as to degree of crime</heading> <content>If it appears that the defendant has committed a public offense, and there is reasonable ground of doubt in which of two or more degrees he is guilty, he may be convicted of the lowest of the degrees only.</content> </section> <section> <num value="4193">§ 4193. </num> <heading>Proof of treason</heading> <content>A person may not be convicted of treason unless on the testimony of two witnesses to the same overt act or on confession in open court.</content> </section> <section> <num value="4194">§ 4194. </num> <heading>Discharge of defendant to be witness</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If two or more persons are included in the same charge, the court may, at any time before the defendants have adduced testimony in defense, on the application of the United States attorney, direct a defendant to be discharged, that he may be a witness for the Government.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>When two or more persons are included in the same charge, and the court is of opinion that in regard to a particular defendant there is not sufficient evidence to put him on his defense, it shall order him to be discharged before the evidence for the defense is closed, that he may be a witness for his codefendant.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The order prescribed by subsections (a) and (b) of this section is an acquittal of the defendant discharged and a bar to another prosecution for the same offense.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Witnesses; Subpoenas</heading> <section> <num value="4231">§ 4231. </num> <heading>Subpoenas generally</heading> <content>Except as otherwise provided by this subchapter, a subpoena in a criminal action in the district court or a magistrate’s court is governed by Rule 17 of the Federal Rules of Criminal Procedure.</content> </section> <section> <num value="4232">§ 4232. </num> <heading>Issuance of subpoena</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>A subpoena may be signed and issued by:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a magistrate before whom a complaint is made, on behalf of either the Government or the defendant;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the judge of the district court;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the clerk of the district court upon application either of the Government or the defendant; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the United States attorney.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A subpoena issued by a magistrate or the United States attorney need not be under the seal of a Court.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>A magistrate or the clerk of the district court shall, at any time and without charge, issue subpoenas for witnesses for the defendant upon his request.</content> </subsection> </section> <page identifier="/us/stat/76a/523">523</page> <section> <num value="4233">§ 4233. </num> <heading>Service of subpoena</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A subpoena shall be served as provided by Rule 17(d) of the Federal Rules of Criminal Procedure.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A peace officer shall serve a subpoena delivered to him for service, either on the part of the Government or of the defendant, and shall, without delay, make a written return of the service, subscribed by him, stating the time and place of service.</content> </subsection> </section> <section> <num value="4234">§ 4234. </num> <heading>Tendering fees and mileage</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Notwithstanding Rule 17(d) of the Federal Rules of Criminal Procedure, fees and mileage need not be tendered to the witness upon service of a subpoena issued on behalf of the Government of the Canal Zone.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>When a person attends before a court or magistrate as a witness in a criminal action, upon a subpoena or in pursuance of an undertaking to testify on behalf of the prosecution, and it appears that he has come from a place more than three miles distant from the place where he is to appear, or that he is poor and unable to pay the expenses of his attendance, the court or magistrate, in its or his discretion, by an order upon the minutes if the attendance of the witness is upon a trial and by a written order in any other case, may direct the payment to the witness of a reasonable sum to pay his expenses, which sum shall be charged against his per diem.</content> </subsection> </section> <section> <num value="4235">§ 4235. </num> <heading>Place of service; subpoena for taking deposition</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>In criminal actions originally triable in the district court, a subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the United States.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In criminal actions triable in a magistrate’s court, and in trials in the district court on appeal from a magistrate’s court, a subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the Canal Zone.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Notwithstanding Rule 17(f)(2) of the Federal Rules of Criminal Procedure, a subpoena for a deposition to be taken in the Canal Zone may be served, and attendance of the witness may be required, anywhere within the Canal Zone.</content> </subsection> </section> <section> <num value="4236">§ 4236. </num> <heading>Civil liability for disobedience</heading> <content>A witness disobeying a subpoena in a criminal action issued on the part of the defendant, unless he shows good cause for his nonattendance, is liable to the defendant in the sum of $100, which may be recovered in a civil action.</content> </section> <section> <num value="4237">§ 4237. </num> <heading>Summoning witnesses for trial in magistrate’s court</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>When a person arrested charged with an offense cognizable by a magistrate is placed on trial, he shall give the names of his witnesses, if he has any, and their places of abode; and the magistrate shall forthwith issue subpoenas for them to testify in the cause. The subpoenas shall state the day, hour and place of trial.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Rule 17(b) of the Federal Rules of Criminal Procedure applies 10 the issuance of subpoenas by a magistrate’s court at the request of an indigent defendant, and the payment of costs and fees therefor.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>When a day is set for trial by the magistrate, the witnesses for the prosecution shall immediately be summoned. Subpoenas being issued and served upon them, they shall appear before the magistrate where the trial is to take place.</content> </subsection> </section> <section> <num value="4238">§ 4238. </num> <heading>Prisoner as witness</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>When the testimony of a material witness for the Government or the defendant is required before a court in a criminal action and the witness is a prisoner in the penitentiary, or in jail, an order for his <page identifier="/us/stat/76a/524">524</page> temporary removal from the penitentiary or jail, and for his production before the court, may be made by the court in which the action is pending, or by the judge thereof. The order may only be made upon the affidavit of the United States attorney or other person on behalf of the Government, or of the defendant or his counsel, showing that the testimony is material and necessary.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The order shall be directed to the warden of the penitentiary or the keeper of the jail in which the prisoner is confined and the warden or keeper or their designees shall bring the prisoner before the proper court and safely keep him, and when he is no longer required as a witness, return him to the penitentiary or jail. The expense of executing the order shall be paid from the funds of the Canal Zone Government.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>When the testimony of a material witness who is a prisoner is required in an investigation being conducted by the United States attorney, an order may be made pursuant to this section by the district judge or, in his absence, by a magistrate.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Depositions</heading> <article> <num class="bold" value="A">Article A—</num><heading class="bold">Depositions Generally</heading> <section> <num value="4271">§ 4271. </num> <heading>Depositions on motion of defendant</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Except as provided by this section, Rule 15 of the Federal Rules of Criminal Procedure, relating to depositions, applies to criminal actions in the district court and the magistrates’ courts.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>An order to take a deposition may be made at any time after the filing of a complaint. Prior to the filing of the information in an action triable in the district court, or prior to the filing of the complaint on appeal in the district court in an action triable in a magistrate’s court, the order shall be made by a magistrate. After the filing of the information or complaint in the district court, the order shall be made by the district court.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>In addition to the provisions of Rule 15(e) of the Federal Rules of Criminal Procedure, a deposition taken under Rule 15 may be used in the Canal Zone at a trial or upon any hearing if it appears that the witness is out of the Canal Zone, unless it appears that the absence of the witness was procured by the party offering the deposition.</content> </subsection> </section> </article> <article> <num class="bold" value="B">Article B—</num><heading class="bold">Examination of Witness Conditionally</heading> <section> <num value="4291">§ 4291. </num> <heading>Right to have witnesses examined conditionally</heading> <content>At any time after the preliminary examination in an action triable in the district court, or after the defendant’s arrest in an action triable in a magistrate’s court, either or both the defendant and the Government may have witnesses examined conditionally in his or its behalf, as prescribed by sections 4291–48301 of this title.</content> </section> <section> <num value="4292">§ 4292. </num> <heading>Grounds for examination</heading> <content>When a material witness for the defendant, or for the Government, is about to leave the Canal Zone, or is so sick or infirm as to afford reasonable grounds for apprehension that he will be unable to attend the trial, the defendant or the Government may apply for an order that the witness be examined conditionally.</content> </section> <section> <num value="4293">§ 4293. </num> <heading>Form of application for order</heading> <chapeau>The application for conditional examination shall be made upon affidavit stating:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the nature of the offense charged;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the state of the proceedings in the action;</content> </paragraph> <page identifier="/us/stat/76a/525">525</page> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the name and residence of the witness, and that his testimony is material to the defense or the prosecution of the action; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>that the witness is about to leave the Canal Zone, or is so sick or infirm as to afford reasonable grounds for apprehending that he will not be able to attend the trial.</content> </paragraph> </section> <section> <num value="4294">§ 4294. </num> <heading>Application for order to district court or magistrate</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Prior to the filing of the information in an action triable in the district court, or prior to the filing of the complaint on appeal in the district court in an action triable in a magistrates court, the application for conditional examination may be made to a magistrate. After the filing of the information or complaint in the district court, the application may be made to the district court or the judge thereof, or in case of his absence or inability to act to a magistrate.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Three days’ notice of the application shall be given to the adverse party.</content> </subsection> </section> <section> <num value="4295">§ 4295. </num> <heading>Order for examination</heading> <content>If the court, judge or magistrate is satisfied that the examination of the witness is necessary, an order shall be made that the witness be examined conditionally, at a specified time and place, and before a judge or magistrate designated therein.</content> </section> <section> <num value="4296">§ 4296. </num> <heading>Examination not to take place when grounds nonexistent</heading> <content>If, at the time and place designated, it is shown to the satisfaction of the court judge or magistrate that the witness is not about to leave the Canal Zone, or is not sick or infirm, or that the application was made to avoid the examination of the witness on the trial, the examination may not take place.</content> </section> <section> <num value="4297">§ 4297. </num> <heading>Presence of defendant at examination</heading> <content>The defendant has the right to be present in person and with counsel at the examination, and if the defendant is in custody, the officer in whose custody he is, shall be informed of the time and place of the examination and shall take the defendant thereto and keep him in the presence and hearing of the witness during the examination.</content> </section> <section> <num value="4298">§ 4298. </num> <heading>Subpoena for witness</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The attendance of the witness may be enforced by a subpoena, issued by the judge or magistrate before whom the examination is to be taken.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The subpoena may be served, and attendance of the witness may be required, anywhere within the Canal Zone.</content> </subsection> </section> <section> <num value="4299">§ 4299. </num> <heading>Testimony; reduction to writing; authentication</heading> <content>The testimony given by the witness shall be reduced to writing and properly authenticated.</content> </section> <section> <num value="4300">§ 4300. </num> <heading>Transmittal of deposition to court</heading> <content>The judge or magistrate shall seal up the deposition taken and transmit it to the clerk of the court in which the action is pending or may come for trial.</content> </section> <section> <num value="4301">§ 4301. </num> <heading>Use of deposition in evidence</heading> <content>The deposition, or a certified copy thereof, may be read in evidence by either party on the trial upon its appearing that the witness is unable to attend, by reason of his death, insanity, sickness or infirmity, or of his continued absence from the Canal Zone. Upon reading the deposition in evidence, the same objections may be taken to a question or answer contained therein as if the witness had been examined orally in court.</content> </section> </article> </subchapter> <page identifier="/us/stat/76a/526">526</page> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Securing the Attendance of Witnesses from Without a State in Criminal Proceedings</heading> <section> <num value="4331">§ 4331. </num> <heading>Definitions</heading> <content> <p class="indent0 firstIndent1 fontsize10">As used in this subchapter:</p> <p class="indent0 firstIndent1 fontsize10">“witness” includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding;</p> <p class="indent0 firstIndent1 fontsize10">“State” includes any territory of the United States, the Canal Zone, the District of Columbia, and the Commonwealth of Puerto Rico; and</p> <p class="indent0 firstIndent1 fontsize10">“summons” includes a subpoena, order or other notice requiring the appearance of a witness.</p> </content> </section> <section> <num value="4332">§ 4332. </num> <heading>Summoning witness in Canal Zone to testify in another State</heading> <content> <p class="indent0 firstIndent1 fontsize10">If a judge of a court of record in any State which by its laws has made provision for commanding persons within that State to attend and testify in the Canal Zone certifies under the seal of the court that there is a criminal prosecution pending in that court, or that a grand jury investigation has commenced or is about to commence, that a person being within the Canal Zone is a material witness in the prosecution or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of the certificate to the judge of the district court, the judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.</p> <p class="indent0 firstIndent1 fontsize10">If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other State, and that the laws of the State in which the prosecution is pending or grand jury investigation has commenced or is about to commence, and of any other State through which the witness may be required to pass by ordinary course of travel, will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation has commenced or is about to commence, at a time and place specified in the summons. In such a hearing the certificate is prima facie evidence of all the facts stated therein.</p> <p class="indent0 firstIndent1 fontsize10">If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting State to assure his attendance in the requesting State, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before him for the hearing; and the judge at the hearing being satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting State.</p> <p class="indent0 firstIndent1 fontsize10">If a witness, who is summoned as above provided, after being paid or tendered by a properly authorized person the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars for each day, that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from the district court.</p> </content> </section> <page identifier="/us/stat/76a/527">527</page> <section> <num value="4333">§ 4333. </num> <heading>Witness from another State summoned to testify in the Canal Zone</heading> <content> <p class="indent0 firstIndent1 fontsize10">If a person in any State, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions in the Canal Zone, is a material witness in a prosecution originally triable and pending in the district court, the judge of the district court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of the Canal Zone to assure his attendance in the Canal Zone. The certificate shall be presented to a judge of a court of record in the county in which the witness is found.</p> <p class="indent0 firstIndent1 fontsize10">If a witness is summoned to attend and testify in the Canal Zone he shall be tendered the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the district court and five dollars for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within the Canal Zone a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If the witness, after coming into the Canal Zone, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from the district court.</p> <p class="indent0 firstIndent1 fontsize10">A certificate need not be issued pursuant to this section if it appears that the attendance of the witness can be obtained under Rule 17 of the Federal Rules of Criminal Procedure.</p> </content> </section> <section> <num value="4334">§ 4334. </num> <heading>Exemption from arrest and service of process</heading> <content> <p class="indent0 firstIndent1 fontsize10">If a person comes into the Canal Zone in obedience to a summons directing him to attend and testify in the Canal Zone he shall not while in the Canal Zone pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into the Canal Zone under the summons.</p> <p class="indent0 firstIndent1 fontsize10">If a person passes through the Canal Zone while going to another State in obedience to a summons to attend and testify in that State or while returning therefrom, he is not while so passing through the Canal Zone subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into the Canal Zone under the summons.</p> </content> </section> <section> <num value="4335">§ 4335. </num> <heading>Uniformity of interpretation</heading> <content>This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the States which enact it.</content> </section> <section> <num value="4336">§ 4336. </num> <heading>Short title</heading> <content>This subchapter may be cited as the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings.</content> </section> </subchapter> </chapter> <chapter> <num value="219">CHAPTER 219—</num><heading>JUDGMENT AND EXECUTION; APPEALS</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">judgment; appeals</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4371.</designator> <label>Circumstances in aggravation or mitigation of punishment.</label></referenceItem> <referenceItem role="section"><designator>4372.</designator> <label>Imprisonment for nonpayment of fine and costs in district court.</label></referenceItem> <referenceItem role="section"><designator>4373.</designator> <label>Imprisonment for nonpayment of fine in magistrate’s court.</label></referenceItem> <referenceItem role="section"><designator>4374.</designator> <label>Discharge of indigent prisoner.</label></referenceItem> <referenceItem role="section"><designator>4875.</designator> <label>Mitigation of punishment when act already punished as contempt.</label></referenceItem> <referenceItem role="section"><designator>4376.</designator> <label>Discharge or detention of defendant after acquittal.</label></referenceItem> <referenceItem role="section"><designator>4377.</designator> <label>Appeals by Government of the Canal Zone.</label></referenceItem> <page identifier="/us/stat/76a/528">528</page> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">execution generally</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4411.</designator> <label>Furnishing copy of judgment and commitment to officer.</label></referenceItem> <referenceItem role="section"><designator>4412.</designator> <label>Judgment for fine and costs; attachment of property.</label></referenceItem> <referenceItem role="section"><designator>4413.</designator> <label>Execution of judgment for imprisonment or for fine and costs.</label></referenceItem> <referenceItem role="section"><designator>4414.</designator> <label>Execution of judgment for imprisonment in penitentiary.</label></referenceItem> <referenceItem role="section"><designator>4415.</designator> <label>Execution of judgment for imprisonment in jail.</label></referenceItem> <referenceItem role="section"><designator>4416.</designator> <label>Concurrent and consecutive sentences.</label></referenceItem> <referenceItem role="section"><designator>4417.</designator> <label>Commencement of term of imprisonment.</label></referenceItem> <referenceItem role="section"><designator>4418.</designator> <label>Temporary releases.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">execution of death sentence</inline></label></referenceItem> <referenceItem role="section"><designator>4451.</designator> <label>Warrant for execution of judgment of death; time of execution.</label></referenceItem> <referenceItem role="section"><designator>4452.</designator> <label>Transmission of statement of conviction and testimony to Governor.</label></referenceItem> <referenceItem role="section"><designator>4453.</designator> <label>Suspension of execution of judgment of death generally.</label></referenceItem> <referenceItem role="section"><designator>4454.</designator> <label>Inquiry into sanity of defendant.</label></referenceItem> <referenceItem role="section"><designator>4455.</designator> <label>Hearing and findings as to sanity.</label></referenceItem> <referenceItem role="section"><designator>4456.</designator> <label>Order as to sanity; commitment to hospital.</label></referenceItem> <referenceItem role="section"><designator>4457.</designator> <label>Procedure on finding of sanity or insanity.</label></referenceItem> <referenceItem role="section"><designator>4458.</designator> <label>Inquiry into supposed pregnancy of defendant.</label></referenceItem> <referenceItem role="section"><designator>4459.</designator> <label>Procedure on finding of pregnancy or otherwise.</label></referenceItem> <referenceItem role="section"><designator>4460.</designator> <label>Ordering execution of judgment of death remaining in force unexecuted.</label></referenceItem> <referenceItem role="section"><designator>4461.</designator> <label>Mode of inflicting punishment of death.</label></referenceItem> <referenceItem role="section"><designator>4462.</designator> <label>Place of execution of judgment of death; persons present.</label></referenceItem> <referenceItem role="section"><designator>4463.</designator> <label>Return upon death warrant.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Judgment; Appeals</heading> <section> <num value="4371">§ 4371. </num> <heading>Circumstances in aggravation or mitigation of punishment</heading> <content>In addition to the statement and information by defendant in mitigation of punishment pursuant to Rule 32(a) of the Federal Rules of Criminal Procedure and the presentence investigation pursuant to Rule 32(c), before imposing sentence the district court may in its discretion permit the attorney for the Government to present evidence and make a recommendation in aggravation or mitigation of punishment.</content> </section> <section> <num value="4372">§ 4372. </num> <heading>Imprisonment for nonpayment of fine and costs in district court</heading> <content>A judgment of the district court that the defendant pay a fine and costs may also direct that he be imprisoned until the fine and costs are satisfied. The judgment shall specify the extent of the imprisonment, which may not exceed one day for each $2.50 of the fine and costs, nor extend in any case beyond the term for which the defendant might be sentenced to imprisonment for the offense of which he has been convicted.</content> </section> <section> <num value="4373">§ 4373. </num> <heading>Imprisonment for nonpayment of fine in magistrate’s court</heading> <content>When a judgment is rendered against a defendant that he pay a fine, if he fails to do so at once, the magistrate shall commit him to jail, to be confined one day for each $2.511 of fine remaining unpaid. The imprisonment may not extend in any case beyond the term for which the defendant might be sentenced to imprisonment for the offense of which he has been convicted.</content> </section> <section> <num value="4374">§ 4374. </num> <heading>Discharge of indigent prisoner</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>When a convict, sentenced for violation of any law applicable to and within the Canal Zone by any court in the Canal Zone to be imprisoned and pay a fine, or fine and costs, or to pay a fine, or fine and costs, has been confined in a penitentiary, prison, or jail for 30 days, solely for the nonpayment of the fine, or fine and costs, the convict may make application in writing to the magistrate for the subdivision wherein he is confined setting forth his inability to pay <page identifier="/us/stat/76a/529">529</page> the fine, or fine and costs, and after notice to the United States attorney, who may appear, offer evidence, and be heard, the magistrate shall proceed to hear and determine the matter.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If on examination it appears to the magistrate that the convict is unable to pay the fine, or fine and costs, and that he has not any property exceeding $20 in value, except such as is by law exempt from being taken on execution for debt, the magistrate shall administer to him the following oath: “I do solemnly swear that I have not any property, real or personal, exceeding $20, except such as is by law exempt from being taken on civil process for debt; and that I have no property in any way conveyed or concealed, or in any way disposed of, for my future use or benefit. So help me God.” Upon taking the oath the convict shall be discharged.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>If the convict is found by the magistrate to possess property valued at an amount in excess of that exemption, nevertheless, if the magistrate finds that the retention by the convict of all such property is reasonably necessary for his support or that of his family, the convict shall be discharged without further imprisonment solely for the nonpayment of the fine, or fine and costs; or if he finds that the retention by the convict of any part of the property is reasonably necessary for his support or that of his family, the convict shall be discharged without further imprisonment solely for nonpayment of the fine, or fine and costs, upon payment on account of his fine, or fine and costs, of that portion of his property in excess of the amount round to be reasonably necessary for his support or that of his family.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Upon discharging a convict without further imprisonment solely for nonpayment of a fine, or fine and costs, the magistrate shall file with the penitentiary, prison, or jail in which the convict is confined, a certificate setting forth the facts.</content> </subsection> </section> <section> <num value="4375">§ 4375. </num> <heading>Mitigation of punishment when act already punished as contempt</heading> <content>When it appears at the time of passing sentence upon a person convicted upon an information, that the person has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the court authorized to pass sentence may mitigate the punishment to be imposed in its discretion.</content> </section> <section> <num value="4376">§ 4376. </num> <heading>Discharge or detention of defendant after acquittal</heading> <content>If judgment of acquittal is given on a verdict, and the defendant is not detained for any other legal cause, he shall be discharged as soon as the judgment is given, except where the acquittal is cause of a variance between the pleading and proof, which may be obviated by a new information. The court may order his detention, to the end that a new information may be preferred in the same manner and with like effect as provided by law.</content> </section> <section> <num value="4377">§ 4377. </num> <heading>Appeals by Government of the Canal Zone</heading> <content>An appeal may be taken by and on behalf of the Government of the Canal Zone from the district court in accordance with section 3731 of Title 18, United States Code.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Execution Generally</heading> <section> <num value="4411">§ 4411. </num> <heading>Furnishing copy of judgment and commitment to officer</heading> <content>When a judgment other than death has been pronounced, the clerk shall forthwith furnish it certified copy of the judgment and commitment to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution.</content> </section> <page identifier="/us/stat/76a/530">530</page> <section> <num value="4412">§ 4412. </num> <heading>Judgment for fine and costs; attachment of property</heading> <content>If a judgment is for a fine and costs, with or without imprisonment, execution may be issued thereon attaching the property of the defendant.</content> </section> <section> <num value="4413">§ 4413. </num> <heading>Execution of judgment for imprisonment or for fine and costs</heading> <content>If the judgment is for imprisonment, or a fine and costs and imprisonment until they are paid, the defendant shall forthwith be committed to the custody of the proper officer and be detained by him until the judgment is complied with.</content> </section> <section> <num value="4414">§ 4414. </num> <heading>Execution of judgment for imprisonment in penitentiary</heading> <content>If the judgment is for imprisonment in the penitentiary, the marshal, upon receipt of a certified copy thereof, shall take and deliver the defendant to the warden of the penitentiary. He shall also deliver to the warden the certified copy of the judgment, and take from the warden a receipt for the defendant.</content> </section> <section> <num value="4415">§ 4415. </num> <heading>Execution of judgment for imprisonment in jail</heading> <content>A sentence of imprisonment in ail, when imposed either by the district judge or a magistrate, may be executed by confinement in any jail of the Canal Zone.</content> </section> <section> <num value="4416">§ 4416. </num> <heading>Concurrent and consecutive sentences</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A judgment imposing a sentence of imprisonment in a penitentiary or jail shall specify whether the sentence is to be served concurrently with or consecutively to any other sentence imposed at the same time or prior thereto. If the sentences are to be served consecutively, the judgment shall specify when each sentence is to begin with reference to the termination of any other sentence.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Unless the judgment specifically postpones the commencement of a sentence pursuant to subsection (a) of this section, the sentence commences to run on the date fixed by section 4417 of this title, and shall be served concurrently with any other sentence imposed at the same time or prior thereto.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Concurrent penitentiary and jail sentences shall all be served in the penitentiary until all penitentiary sentences have been served.</content> </subsection> </section> <section> <num value="4417">§ 4417. </num> <heading>Commencement of term of imprisonment</heading> <content> <p class="indent0 firstIndent1 fontsize10">Except as provided by section 4416 of this title and Rule 38 of the Federal Rules of Criminal Procedure, the term of imprisonment fixed by the judgment in a criminal action commences to run only upon the actual delivery of the defendant at the place of the imprisonment.</p> <p class="indent0 firstIndent1 fontsize10">Credit toward the service of a sentence shall be given to a defendant for any days spent in custody prior to the imposition of sentence by the sentencing court for want of bail set for the offense under which sentence was imposed where the statute requires the imposition of a minimum mandatory sentence.</p> </content> </section> <section> <num value="4418">§ 4418. </num> <heading>Temporary releases</heading> <content>If during the term of imprisonment the defendant by any legal means is temporarily released from imprisonment and subsequently returned thereto, the time during which he was at large may not be computed as part of the term.</content> </section> </subchapter> <page identifier="/us/stat/76a/531">531</page> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Execution of Death Sentence</heading> <section> <num value="4451">§ 4451. </num> <heading>Warrant for execution of judgment of death; time of execution</heading> <content>When judgment of death is rendered, a warrant signed by the judge and attested by the clerk, under the seal of the court, shall be drawn and delivered to the marshal. It shall state the conviction and judgment, and appoint a day on which judgment is to be executed, which must be not less than 90 nor more than 120 days from the time of judgment, and shall direct the marshal to deliver the defendant, within 10 days from the time of judgment, to the warden of the penitentiary, for execution.</content> </section> <section> <num value="4452">§ 4452. </num> <heading>Transmission of statement of conviction and testimony to Governor</heading> <content>Immediately after a conviction in the district court requiring a judgment of death, the judge thereof shall transmit to the Governor, by mail or otherwise, a statement of the conviction and judgment and of the testimony given at the trial.</content> </section> <section> <num value="4453">§ 4453. </num> <heading>Suspension of execution of judgment of death generally</heading> <content>A judge or court, or, except as provided in sections 4454–4459 of this title, an officer other than the Governor, may not suspend the execution of a judgment of death, unless an appeal is taken.</content> </section> <section> <num value="4454">§ 4454. </num> <heading>Inquiry into sanity of defendant</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If, after his delivery to the warden of the penitentiary for execution there is good reason to believe that a defendant under judgment of death has become insane, the warden shall call this fact to the attention of the United States attorney, who shall immediately file in the district court a petition, stating the conviction and judgment, and the fact that the defendant is believed to be insane, and asking that the question of his sanity be inquired into.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Upon the filing of the petition, the district court shall order that the defendant be examined as to his mental condition by at least three designated examiners, as defined by section 1631 of Title 5. For the purpose of the examination the court may order the defendant committed to a hospital, as defined by section 1631 of Title 5, for such reasonable period as the court may determine. The designated examiners shall report to the court, and the report shall be placed on file and shall be accessible to the counsel for the Government and to the defendant or his counsel.</content> </subsection> </section> <section> <num value="4455">§ 4455. </num> <heading>Hearing and findings as to sanity</heading> <content>Upon receiving the report of the designated examiners pursuant to section 4454 of this title, the district court shall hold a hearing upon due notice, in which evidence as to the mental condition of the defendant may be submitted, including that of the reporting designated examiners, and the court shall make a finding with respect to the sanity of the defendant. If the defendant appears without counsel, the court shall appoint counsel to represent him at the hearing.</content> </section> <section> <num value="4456">§ 4456. </num> <heading>Order as to sanity; commitment to hospital</heading> <content>The finding of the district court shall be entered upon the minutes, and the court shall enter an order reciting the fact of the hearing and the result thereof. When it is found that the defendant is insane, the order shall commit the defendant to a hospital as defined in section 1631 of Title 5 and direct that he be kept there in safe confinement until his reason is restored.</content> </section> <page identifier="/us/stat/76a/532">532</page> <section> <num value="4457">§ 4457. </num> <heading>Procedure on finding of sanity or insanity</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If it is found that the defendant is sane, the warden shall proceed to execute the judgment as specified in the warrant.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If it is found that the defendant is insane, the warden shall suspend the execution and transmit a copy of the order mentioned in section 4456 of this title to the Governor, and deliver the defendant, together with a certified copy of the order, to the head of the hospital named in the order.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>When in the opinion of at least one designated examiner, as defined by section 1631 of Title 5, the defendant has become sane, the head of the hospital to which the defendant has been committed shall report the opinion and findings of the designated examiner to the district court. The report shall be made a part of the court record and shall be accessible to the counsel for the Government and the defendant or his counsel.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Within a reasonable time after the filing of a report under subsection (c) of this section, the district court shall hold a hearing, upon due notice, in which evidence as to the mental condition of the defendant may be submitted and the court shall make a finding with respect thereto. If the defendant appears without counsel, the court shall appoint counsel to represent him at the hearing.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>If the district court lords that the defendant has recovered his sanity, it shall certify that fact to the Governor, who shall thereupon issue to the warden his warrant appointing a day for the execution of the judgment, and the warden shall thereupon return the defendant to the penitentiary pending the execution of the judgment. If the district court finds that the defendant has not recovered his sanity, it shall direct the return of the defendant to the hospital, to be there kept in safe confinement until his sanity is restored.</content> </subsection> </section> <section> <num value="4458">§ 4458. </num> <heading>Inquiry into supposed pregnancy of defendant</heading> <content>If there is good reason to believe that a female against whom a sentence of death is rendered is pregnant, proceedings shall be had as provided by section 4454 of this title, except that the district court shall cause the defendant to be examined by three disinterested physicians, of good standing in their profession. Upon receiving the report of the physicians, the district court shall hold a hearing as provided in section 4455 of this title and make a finding with respect to the pregnancy of the defendant.</content> </section> <section> <num value="4459">§ 4459. </num> <heading>Procedure on finding of pregnancy or otherwise</heading> <content>If the district court finds that the female is not pregnant, the warden shall execute the judgment. If it is found that the female is pregnant, the warden shall suspend the execution of the judgment and transmit a certified copy of the finding to the Governor. When the Governor receives from the warden a certificate that the defendant is no longer pregnant, the Governor shall issue to the warden his warrant appointing a day for the execution of the judgment.</content> </section> <section> <num value="4460">§ 4460. </num> <heading>Ordering execution of judgment of death remaining in force unexecuted</heading> <content> <p class="indent0 firstIndent1 fontsize10">If, for any reason other than the pendency of an appeal or a suspension of judgment under section 4457 or 4459 of this title, a judgment of death has not been executed and it remains in force, the district court, on the application of the United States attorney, shall order the defendant to be brought before it, or if he is at large, a warrant for apprehension may be issued. Upon the defendant being brought before the court, it shall inquire into the facts, and if no legal reason exists against the execution of the judgment, shall make an order that the warden of the penitentiary to whom the marshal is directed to <page identifier="/us/stat/76a/533">533</page> deliver the defendant, shall execute the judgment at a specified time. The warden shall execute the judgment accordingly.</p> <p class="indent0 firstIndent1 fontsize10">From an order fixing the tune for and directing the execution of a judgment, as provided in this section, there shall be no appeal.</p> </content> </section> <section> <num value="4461">§ 4461. </num> <heading>Mode of inflicting punishment of death</heading> <content>The punishment of death shall be inflicted by hanging the defendant by the neck until he is dead.</content> </section> <section> <num value="4462">§ 4462. </num> <heading>Place of execution of Judgment of death; persons present</heading> <content>A judgment of death shall be executed within the walls of the penitentiary. The warden of the penitentiary shall be present at the execution, and shall invite the presence of a physician, the United States attorney, and at least 12 reputable residents of the Canal Zone, to be selected by him; and he shall, at the request of the defendant, permit such ministers of the Gospel, not exceeding two, as the defendant may name, and any persons, relatives or friends, not to exceed five, to be present at the execution, together with such peace officers as he may think expedient, to witness the execution. No other persons than those mentioned in this section may be present at the execution, nor may any person under 21 years of age be allowed to witness it.</content> </section> <section> <num value="4463">§ 4463. </num> <heading>Return upon death warrant</heading> <content>After the execution of a judgment of death, the warden shall make a return upon the death warrant to the district court, showing the time and the mode in which it was executed.</content> </section> </subchapter> </chapter> <chapter> <num value="221">CHAPTER 221—</num><heading>PROBATION</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">district court</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4491.</designator> <label>Suspension of sentence and probation.</label></referenceItem> <referenceItem role="section"><designator>4492.</designator> <label>Report of probation officer and arrest of probationer.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">magistrates’ courts</inline></label></referenceItem> <referenceItem role="section"><designator>4511.</designator> <label>Suspension of sentence and probation.</label></referenceItem> <referenceItem role="section"><designator>4512.</designator> <label>Conditions which may be imposed upon probationer.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">District Court</heading> <section> <num value="4491">§ 4491. </num> <heading>Suspension of sentence and probation</heading> <content>Section 3851 of Title 18, United States Code applies to the United States District Court for the District of the Canal Zone. For such purpose, the references in that section to “any court having jurisdiction to try offenses against the United States” and “court” include the United States District Court for the District of the Canal Zone and all offenses of which it has jurisdiction, and the references therein to “defendant” include defendants convicted of offenses in that court.</content> </section> <section> <num value="4492">§ 4492. </num> <heading>Report of probation officer and arrest of probationer</heading> <content>Section 3653 of Title 18, United States Code, applies to the United States District Court for the District of the Canal Zone, to probationers under the jurisdiction of that court, to the probation officer for the Canal Zone, and, insofar as it also relates to powers and duties of United States marshals, to the United States marshal for the District of the Canal Zone. For such purpose, the references in that section to “court”, “court for the district”, and “court for the other district”, include the United States District Court for the District of the Canal Zone; and the references therein to “district” include the Canal Zone.</content> </section> </subchapter> <page identifier="/us/stat/76a/534">534</page> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Magistrates’ Courts</heading> <section> <num value="4511">§ 4511. </num> <heading>Suspension of sentence and probation</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>After a conviction of, or a plea of guilty to, an offense tried in a magistrate’s court, that court may, when it appears to the satisfaction of the court that the ends of justice and the best interests of the public, as well as the defendant, will be subserved thereby:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>suspend the imposition or execution of sentence and place the defendant upon probation; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>impose a fine and also place the defendant upon probation.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Probation granted under this section shall be upon such terms and conditions and for such period of time as the court deems best, but the period of probation, together with any extension thereof, may not exceed one year.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The court may revoke or modify any condition of probation granted under this section or change the period thereof.</content> </subsection> </section> <section> <num value="4512">§ 4512. </num> <heading>Conditions which may be imposed upon probationer</heading> <chapeau>A magistrate’s court, in placing a defendant upon probation pursuant to section 4511 of this title, may require the probationer to:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>pay in one or several sums a fine imposed at the time of being placed upon probation;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>make restitution or reparation to the aggrieved party for actual damages or loss caused by the offense for which conviction was had; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>provide for the support of persons for whose support he is legally responsible.</content> </paragraph> </section> </subchapter> </chapter> <chapter> <num value="223">CHAPTER 223—</num><heading>BAIL</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4551.</designator> <label>Admission to bail defined; authority to admit to bail.</label></referenceItem> <referenceItem role="section"><designator>4552.</designator> <label>Taking of bail defined; excessive bail.</label></referenceItem> <referenceItem role="section"><designator>4553.</designator> <label>Notice to United States attorney when bail discretionary.</label></referenceItem> <referenceItem role="section"><designator>4554.</designator> <label>Time and terms of admission to bail.</label></referenceItem> <referenceItem role="section"><designator>4555.</designator> <label>Qualifications of sureties.</label></referenceItem> <referenceItem role="section"><designator>4556.</designator> <label>Bail upon being held to answer before information.</label></referenceItem> <referenceItem role="section"><designator>4557.</designator> <label>Bail upon an information before conviction; continuation of prior bail.</label></referenceItem> <referenceItem role="section"><designator>4558.</designator> <label>Fixing, increase or reduction of bail after information filed.</label></referenceItem> <referenceItem role="section"><designator>4559.</designator> <label>Holding defendant in custody after appearance for trial.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">offenses triable in magistrates’ courts</inline></label></referenceItem> <referenceItem role="section"><designator>4591.</designator> <label>Admission to bail.</label></referenceItem> <referenceItem role="section"><designator>4592.</designator> <label>Form of bond; sureties.</label></referenceItem> <referenceItem role="section"><designator>4593.</designator> <label>Commitment to jail on failure to furnish bond.</label></referenceItem> <referenceItem role="section"><designator>4594.</designator> <label>Admission to bail by officer in charge of police station.</label></referenceItem> <referenceItem role="section"><designator>4595.</designator> <label>Bail on appeal to the district court.</label></referenceItem> <referenceItem role="section"><designator>4596.</designator> <label>Forfeiture and exoneration of bail.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">cash deposit</inline></label></referenceItem> <referenceItem role="section"><designator>4631.</designator> <label>Right to make cash deposit.</label></referenceItem> <referenceItem role="section"><designator>4632.</designator> <label>Certificate of deposit.</label></referenceItem> <referenceItem role="section"><designator>4633.</designator> <label>Deposit in exoneration of bail.</label></referenceItem> <referenceItem role="section"><designator>4634.</designator> <label>Application of deposit to fine and costs; surplus.</label></referenceItem> <referenceItem role="section"><designator>4635.</designator> <label>Forfeiture and exoneration of deposit; disposition.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">surrender of defendant</inline></label></referenceItem> <referenceItem role="section"><designator>4671.</designator> <label>Surrender of defendant and exoneration of bail or deposit.</label></referenceItem> <referenceItem role="section"><designator>4672.</designator> <label>Arrest by bail or depositor.</label></referenceItem> <referenceItem role="section"><designator>4673.</designator> <label>Return of deposit on surrender.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">recommitment of defendant; bench warrant</inline></label></referenceItem> <referenceItem role="section"><designator>4701.</designator> <label>Failure to appear; insufficient bail; bench warrant.</label></referenceItem> <referenceItem role="section"><designator>4702.</designator> <label>Issuance and execution of bench warrant.</label></referenceItem> <referenceItem role="section"><designator>4703.</designator> <label>Form and execution of bench warrant.</label></referenceItem> <referenceItem role="section"><designator>4704.</designator> <label>Commitment or admission to bail.</label></referenceItem> </toc> <page identifier="/us/stat/76a/535">535</page> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="4551">§ 4551. </num> <heading>Admission to bail defined; authority to admit to bail</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Admission to bail is the order by a competent court judge or magistrate that the defendant be discharged from actual custody upon bail.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In the case of an offense punishable by death, admission to bail before conviction in the exercise of discretion as provided by Rule 46(a)(1) of the Federal Rules of Criminal Procedure may be by the magistrate or district judge before whom the proceeding is pending, or by a judge who has power to issue a writ of habeas corpus.</content> </subsection> </section> <section> <num value="4552">§ 4552. </num> <heading>Taking of bail defined; excessive bail</heading> <content>The taking of bail consists in the acceptance by a competent court of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the Government of the Canal Zone a specified sum. Excessive bail may not be required in any case.</content> </section> <section> <num value="4553">§ 4553. </num> <heading>Notice to United States attorney when bail discretionary</heading> <content>When the admission to bail is a matter of discretion the court or officer to whom the application is made shall require reasonable notice thereof to be given to the United States attorney.</content> </section> <section> <num value="4554">§ 4554. </num> <heading>Time and terms of admission to bail</heading> <chapeau>A defendant may be admitted to bail before conviction:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for his appearance before a magistrate for trial or for preliminary examination in cases triable in the district court;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to appear in the district court to which the magistrate is required to return the complaint, upon the defendant being held to answer after preliminary examination; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>after the information is filed either before a bench warrant is issued for his arrest, or upon an order of the court committing him, or enlarging the amount of bail, or upon his being surrendered by his bail to answer the information in the court in which it is found or to which it may be transferred for trial.</content> </paragraph> </section> <section> <num value="4555">§ 4555. </num> <heading>Qualifications of sureties</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>The qualifications of sureties, other than corporate sureties, are as follows:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>each of them must be a resident of the Canal Zone; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>each must be worth the amount specified in the undertaking, exclusive of property exempt from execution; but the court or judge, on taking bail. may allow more than two sureties to justify severally in amounts less than that expressed in the undertaking, if the whole justification is equivalent to that of sufficient bail.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Corporate sureties are governed by sections 432 and 433 of Title 3.</content> </subsection> </section> <section> <num value="4556">§ 4556. </num> <heading>Bail upon being held to answer before information</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>When a defendant has been held to answer upon a preliminary examination for a public offense, the admission to bail may be by the magistrate by whom be is so held, or by any judge who has power to issue the writ of habeas corpus. The power of the magistrate to admit to bail extends to the time of filing of an information, and the magistrate may increase or reduce the amount of the bail in the manner provided by section 4558 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Upon the allowance of bail and the execution of the undertaking, the magistrate or judge shall, if the defendant is in custody, make and sign an order for his discharge, upon the delivery of which to the proper officer the defendant shall be discharged.</content> </subsection> </section> <page identifier="/us/stat/76a/536">536</page> <section> <num value="4557">§ 4557. </num> <heading>Bail upon an information before conviction; continuation of prior bail</heading> <chapeau>The bail fixed pursuant to section 4556 of this title, upon holding the defendant to answer for an offense triable in the district court, shall be construed to continue so as to require the defendant:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to appear and answer the information filed in the district court;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to render himself at all times amenable to the orders and process of the court; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if convicted to appear for judgment and render himself in execution thereof.</content> </paragraph> </section> <section> <num value="4558">§ 4558. </num> <heading>Fixing, increase or reduction of bail after information filed</heading> <content>After the filing of an information, the district court may fix, or, upon good cause shown, either increase or reduce the amount of bail. If the amount is increased the court may order the defendant to be committed to actual custody unless he gives bail in the increased amount. If application is made by the defendant for a reduction of the amount, notice of the application shall be served on the United States attorney.</content> </section> <section> <num value="4559">§ 4559. </num> <heading>Holding defendant in custody after appearance for trial</heading> <content>When a defendant who has given bail appears for trial, the court may, in its discretion, at any time after his appearance for trial, order him to be committed to the custody of the keeper of the jail, to abide the judgment or further order of the court, and he shall be committed and held in custody accordingly.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Offenses Triable in Magistrates’ Courts</heading> <section> <num value="4591">§ 4591. </num> <heading>Admission to bail</heading> <content>If the offense charged against a person is triable in a magistrate’s court, the defendant shall be admitted to bail upon executing a bond in a sum not exceeding $1,000, to be fixed by the magistrate.</content> </section> <section> <num value="4592">§ 4592. </num> <heading>Form of bond; sureties</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The bond shall be in favor of the Government of the Canal Zone and shall be conditioned that the defendant is to appear in the magistrate’s court in accordance with all orders and directions of the magistrate relating to the appearance of the defendant before the magistrate’s court in the case.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The bond shall be signed by the defendant. One or more sureties may be required, cash or bonds or notes of the United States may be accepted and in proper cases no security need be required.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The qualifications and justification of sureties are governed by section 4555 of this title and Rule 46(e) of the Federal Rules of Criminal Procedure.</content> </subsection> </section> <section> <num value="4593">§ 4593. </num> <heading>Commitment to jail on failure to furnish bond</heading> <content>If the defendant fails to enter into the bond referred to in sections 4591 and 4592 of this title, the magistrate shall commit him to jail awaiting trial.</content> </section> <section> <num value="4594">§ 4594. </num> <heading>Admission to bail by officer in charge of police station</heading> <content> <p class="indent0 firstIndent1 fontsize10">When an arrest is made either with or without a warrant for a misdemeanor triable in a magistrate’s court and for any reason the officer making the arrest is unable to take him forthwith before a magistrate, he may take such offender forthwith to the nearest police station. The officer in charge of the police station may accept bond, or a cash deposit in lieu thereof, in a sum not exceeding $1,000, to se-<page identifier="/us/stat/76a/537">537</page>cure the appearance of the offender before the magistrate having jurisdiction of the case. In lieu of the bond or deposit, the officer in charge may accept the offender’s signed agreement to appear before the magistrate. The offender shall then be released from custody and the bond, deposit, or agreement shall be delivered to the magistrate having jurisdiction of the case and a receipt therefor shall be given to the officer by the magistrate.</p> <p class="indent0 firstIndent1 fontsize10">When a money deposit is made in lieu of bail bond the deposit shall be held and disposed of in accordance with sections 4631–4635 and 4673 of this title.</p> </content> </section> <section> <num value="4595">§ 4595. </num> <heading>Bail on appeal to the district court</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>After conviction of an offense in a magistrate’s court, a defendant who has appealed to the district court shall be admitted to bail as a matter of right. Admission to bail may be by the magistrate before whom the trial was had or by any judge having the power to issue a writ of habeas corpus.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The bail is governed by the provisions applicable to bail given in actions originally triable in the district court, except that the undertaking of bail shall be that the defendant will appear in the district court in accordance with all orders and directions of that court relating to the appearance of the defendant before the court in the case, and further, will appear before the magistrate’s court from whose judgment he appealed for the purpose of complying with the judgment of that court if he withdraws the appeal as authorized by section 3927 of this title.</content> </subsection> </section> <section> <num value="4596">§ 4596. </num> <heading>Forfeiture and exoneration of bail</heading> <content>Rules 46(f) and 46(g) of the Federal Rules of Criminal Procedure apply to the forfeiture and exoneration of bail in actions triable in the magistrates’ courts.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Cash Deposit</heading> <section> <num value="4631">§ 4631. </num> <heading>Right to make cash deposit</heading> <content>The defendant in a criminal proceeding, or any other person, may make a cash deposit in lieu of a bail bond.</content> </section> <section> <num value="4632">§ 4632. </num> <heading>Certificate of deposit</heading> <content>A certificate of deposit shall be issued by the magistrate or the clerk of the district court, as the case may be, to each depositor who makes a cash deposit in lieu of bail.</content> </section> <section> <num value="4633">§ 4633. </num> <heading>Deposit in exoneration of bail</heading> <content>If bail has been given, at any time before the forfeiture of the undertaking the defendant or any other person may deposit the sum mentioned in the recognizance, and, upon the deposit being made, the bail is exonerated.</content> </section> <section> <num value="4634">§ 4634. </num> <heading>Application of deposit to fine and costs; surplus</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If money has been deposited and the certificate of deposit issued in the name of the defendant, and it remains on deposit at the time of a judgment for the payment of a fine, the magistrate, or the clerk of the district court under the direction of the court, as the case may be, shall apply the money in satisfaction thereof, and, after satisfying the fine and costs shall refund the surplus, if any, to the defendant. If the defendant is not found within a period of two years from the date of the judgment, the magistrate or the clerk of the district court, as the case may be, shall account for the surplus in the same manner as fines are accounted for.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the certificate of deposit was issued in the name of a person other than the defendant, the deposit shall be returned to the depositor after judgment.</content> </subsection> </section> <page identifier="/us/stat/76a/538">538</page> <section> <num value="4635">§ 4635. </num> <heading>Forfeiture and exoneration of deposit; disposition</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Rules 46(f) and 46(g) of the Federal Rules of Criminal Procedure apply to the forfeiture and exoneration of money deposited in lieu of bail.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If money deposited in lieu of bail is forfeited, and the forfeiture is not set aside or remitted the magistrate, or the clerk of the district court, as the case may be, with whom it is deposited shall pay over the money in the manner prescribed for the paying over of other funds.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Surrender of Defendant</heading> <section> <num value="4671">§ 4671. </num> <heading>Surrender of defendant and exoneration of bail or deposit</heading> <chapeau>At any time before the forfeiture of the undertaking of bail or deposit by a third person, the bail or depositor may surrender the defendant in their exoneration, or he may surrender himself, to the officer to whose custody he was committed at the time of giving bail, in the following manner:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a certified copy of the undertaking of the bail or a certified copy of the certificate of deposit shall be delivered to the officer, who shall detain the defendant in his custody thereon as upon a commitment, and by a certificate in writing acknowledge the surrender; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>upon the undertaking or certificate of deposit, and the certificate of the officer, the court in which the action or appeal is pending may, upon notice of five days to the United States attorney, with a copy of the undertaking or certificate of deposit, and the certificate of the officer, order that the bail or deposit be exonerated, and on filing the order and the papers used on the application, they are exonerated accordingly.</content> </paragraph> </section> <section> <num value="4672">§ 4672. </num> <heading>Arrest by bail or depositor</heading> <content>For the purpose of surrendering the defendant, the bail or n person who has made a deposit to secure the release of the defendant, at any time before they are finally discharged, and at any place within the Canal Zone, may themselves arrest him, or by a written authority, indorsed on a certified copy of the undertaking or a certified copy of the certificate of deposit, may empower any person of suitable age and discretion to do so.</content> </section> <section> <num value="4673">§ 4673. </num> <heading>Return of deposit on surrender</heading> <content>If money has been deposited in lieu of bail and the defendant at any time before the forfeiture thereof surrenders himself or is surrendered to the officer to whom the commitment was directed, in the manner provided by sections 4671 and 4672 of this title, the court shall order a return of the deposit to the defendant, or to the person or persons found by the court to have deposited the money on behalf of the defendant, upon the production of the certificate of the officer showing the surrender, and upon five days’ notice to the United States attorney, with a copy of the certificate.</content> </section> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Recommitment of Defendant; Bench Warrant</heading> <section> <num value="4701">§ 4701. </num> <heading>Failure to appear; insufficient bail; bench warrant</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If the defendant in a criminal action triable in a district court or a magistrate’s court has been released from custody on bail or on a deposit of money in lieu of bail, and does not appear in accordance with an order or direction of the court relating to his appearance, the court, in addition to the forfeiture of the bail or deposit, may issue a bench warrant for the defendant’s arrest.</content> </subsection> <page identifier="/us/stat/76a/539">539</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If proof is made to the district judge or a magistrate that a defendant previously admitted to bail on a criminal charge is about to abscond, or that one or more of his bail are dead or insufficient, or have removed from the Canal Zone, the judge or magistrate shall require the defendant to give better security, or, for default thereof, cause him to be committed; and an order for his arrest may be indorsed on the former commitment, or a bench warrant for his arrest may be issued, setting forth the cause thereof.</content> </subsection> </section> <section> <num value="4702">§ 4702. </num> <heading>Issuance and execution of bench warrant</heading> <content>In the district court, the bench warrant shall be issued by the clerk on order of the district judge. On application of the United States attorney, the clerk may issue additional warrants at any time after the order, whether the court is sitting or not.</content> </section> <section> <num value="4703">§ 4703. </num> <heading>Form and execution of bench warrant</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>A bench warrant issued under this subchapter shall recite generally the facts upon which it is founded, and direct that the defendant be arrested by any peace officer, and either brought before the court or committed to the officer in whose custody he was at the time he was admitted to bail, to be detained until legally discharged.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The defendant may be arrested upon the bench warrant in the same manner as upon a warrant of arrest.</content> </subsection> </section> <section> <num value="4704">§ 4704. </num> <heading>Commitment or admission to bail</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If the bench warrant recites as the ground upon which it is made the failure of the defendant to appear for judgment upon conviction, the defendant shall be committed according to the requirement of the warrant.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>If the bench warrant is made for a cause other than failure to appear for judgment, the court may fix the amount of bail and cause a direction to be inserted in the warrant that the defendant be admitted to bail in the sum fixed, which shall be specified in the warrant. When the defendant is admitted to bail, the bail may be taken by a magistrate.</content> </subsection> </section> </subchapter> </chapter> <chapter> <num value="225">CHAPTER 225—</num><heading>SEARCH AND SEIZURE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4741.</designator> <label>Search and seizure generally.</label></referenceItem> <referenceItem role="section"><designator>4742.</designator> <label>Disposition of property.</label></referenceItem> <referenceItem role="section"><designator>4743.</designator> <label>Search of defendant in presence of judge or magistrate.</label></referenceItem> </toc> <section> <num value="4741">§ 4741. </num> <heading>Search and seizure generally</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Except as provided in this section, Rule 41 of the Federal Rules of Criminal Procedure applies to search and seizure in the Canal Zone in connection with offenses triable in either the district court or a magistrate’s court. References in Rule 41 to a United States commissioner shall be deemed to refer to a magistrate. The reference in Rule 41(b)(1) to the laws of the United States includes this Code and any other law of the United States applicable in the Canal Zone.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In any case, a search warrant authorized by Rule 41(a) of the Federal Rules of Criminal Procedure may be issued by the district judge or by a magistrate.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>A search warrant may be directed to a peace officer, in addition to the officers designated by Rule 41(c) of the Federal Rules of Criminal Procedure.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>In an action triable in a magistrate’s court, a motion for return of property and to suppress evidence pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure shall be made before the magistrate who issued the search warrant or the magistrate before whom the trial is to be had or is being held, unless the search warrant was issued by the district judge and the motion is made before trial.</content> </subsection> <page identifier="/us/stat/76a/540">540</page> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>In an action triable in a magistrate’s court, if the search warrant was issued by a magistrate the warrant, return, inventory, and other papers shall be filed with die magistrate before whom the action is triable, notwithstanding Rule 41(f) of the Federal Rules of Criminal Procedure.</content> </subsection> </section> <section> <num value="4742">§ 4742. </num> <heading>Disposition of property</heading> <content>All property taken on a search warrant shall be retained by the officer executing the warrant in his custody, subject to the order of the court to which the papers are returned or the order of any other court in which the offense in respect to which the property was taken is triable.</content> </section> <section> <num value="4743">§ 4743. </num> <heading>Search of defendant in presence of judge or magistrate</heading> <content>When a person charged with a felony is believed by the judge or magistrate before whom he is brought to have on his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the judge or magistrate may direct him to be searched and the weapons or other thing to be retained, subject to his order, or to the order of the court in which the defendant may be tried.</content> </section> </chapter> <chapter> <num value="227">CHAPTER 227—</num><heading>CORONER; POST-MORTEM EXAMINATIONS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4781.</designator> <label>Appointment of coroner and deputies.</label></referenceItem> <referenceItem role="section"><designator>4782.</designator> <label>Regulations of the Governor.</label></referenceItem> <referenceItem role="section"><designator>4783.</designator> <label>Duties of coroner; investigation of deaths.</label></referenceItem> <referenceItem role="section"><designator>4784.</designator> <label>Post-mortem examinations by health director.</label></referenceItem> </toc> <section> <num value="4781">§ 4781. </num> <heading>Appointment of coroner and deputies</heading> <content>The Governor shall appoint a coroner for the Canal Zone, and may appoint such deputy coroners as may be required.</content> </section> <section> <num value="4782">§ 4782. </num> <heading>Regulations of the Governor</heading> <content>The Governor shall prescribe, and from time to time may amend, regulations relating to the office of coroner, including, but not limited to, the procedure for investigating deaths.</content> </section> <section> <num value="4783">§ 4783. </num> <heading>Duties of coroner; investigation of deaths</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>The coroner or deputy coroner shall investigate, and determine and record the cause of, the death of a person whose body is found in the Canal Zone, or whose body is brought into the Canal Zone and whose death occurred within the special maritime and territorial jurisdiction of the district court as defined by section 143 of Title 3, whenever:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>there is reason to believe that death was caused by:</chapeau> <subparagraph class="firstIndent1 fontsize10"> <num value="A">(A) </num> <content>violence or unlawful means;</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="B">(B) </num> <content>suicide; or</content> </subparagraph> <subparagraph class="firstIndent1 fontsize10"> <num value="C">(C) </num> <content>accident or casualty;</content> </subparagraph> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the deceased was not under the care of a physician at the time of death; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the death was sudden or unusual or occurred under suspicious circumstances.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In the investigation of a death, the coroner or deputy coroner may order an autopsy if he deems it necessary.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The coroner is not required to investigate the death of a member of the Armed Forces of the United States that is investigated by a board of inquiry of the Armed Forces.</content> </subsection> </section> <section> <num value="4784">§ 4784. </num> <heading>Post-mortem examinations by health director</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>The health director of the Canal Zone shall perform or cause to be performed a post-mortem examination on a body found within the Canal Zone if:</chapeau> <page identifier="/us/stat/76a/541">541</page> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the cause of death can not otherwise be definitely determined; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>there is reason to believe that death may have been due to a disease the knowledge of which, gained by the post-mortem examination, would be of importance in guarding the health of the community.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <chapeau>Except as provided by subsections (c) and (d) of this section, a post-mortem examination may not be performed without the consent of the person or persons having the right and duty to control the disposition of the remains of the deceased who are, in the absence of testamentary dispositions of the deceased, respectively in order of precedence the:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>surviving spouse;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>surviving child or children;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>surviving parent or parents; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="4">(4) </num> <content>person or persons respectively in the next degree of kindred in the order named by law as entitled to succeed the estate of the deceased.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <chapeau>Post-mortem examinations on bodies found within the Canal Zone may be performed by the health director or his designee, without the consent specified by subsection (b) of this section, if:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the coroner or deputy coroner has ordered an autopsy in a matter within his jurisdiction; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>there are reasonable grounds to believe that the deceased may have died from a quarantinable disease.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Post-mortem examinations on bodies brought into the Canal Zone shall be performed by the health director or his designee only in cases specified in paragraphs (1) and (2) of subsection (c) of this section. In such cases, the consent specified in subsection (b) of this section is not required.</content> </subsection> </section> </chapter> <chapter> <num value="229">CHAPTER 229—</num><heading>COMPROMISING CRIMES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4821.</designator> <label>Compromise of certain misdemeanors.</label></referenceItem> <referenceItem role="section"><designator>4822.</designator> <label>Procedure for compromise.</label></referenceItem> <referenceItem role="section"><designator>4823.</designator> <label>Order as bar to another prosecution.</label></referenceItem> <referenceItem role="section"><designator>4824.</designator> <label>Other compromises prohibited.</label></referenceItem> </toc> <section> <num value="4821">§ 4821. </num> <heading>Compromise of certain misdemeanors</heading> <chapeau>When the person injured by an act constituting a misdemeanor has a remedy by civil action, the offense may be compromised as provided by section 4822 of this title, except when it is committed:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by or upon an officer of justice, while in the execution of the duties of his office;</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>riotously; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="3">(3) </num> <content>with an intent, to commit a felony.</content> </paragraph> </section> <section> <num value="4822">§ 4822. </num> <heading>Procedure for compromise</heading> <content>If the person injured appears before the court in which the action is pending at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution and the defendant to be discharged therefrom. The reasons for the order shall be set forth therein, and entered on the minutes.</content> </section> <section> <num value="4823">§ 4823. </num> <heading>Order as bar to another prosecution</heading> <content>The order prescribed by section 4822 of this title is a bar to another prosecution for the same offense.</content> </section> <section> <num value="4824">§ 4824. </num> <heading>Other compromises prohibited</heading> <content>A public offense may not he compromised, nor may any proceeding or prosecution for the punishment thereof be stayed upon a compromise, except as provided by this chapter.</content> </section> </chapter> <page identifier="/us/stat/76a/542">542</page> <chapter> <num value="231">CHAPTER 231—</num><heading>MENTAL INCOMPETENCY OF DEFENDANT</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4861.</designator> <label>Trial or punishment of insane person prohibited.</label></referenceItem> <referenceItem role="section"><designator>4862.</designator> <label>Mental incompetency after arrest and before sentence or expiration of probation.</label></referenceItem> <referenceItem role="section"><designator>4863.</designator> <label>Mental incompetency undisclosed at trial.</label></referenceItem> <referenceItem role="section"><designator>4864.</designator> <label>Procedure upon finding of mental incompetency.</label></referenceItem> <referenceItem role="section"><designator>4865.</designator> <label>Commitment to hospital as exonerating bail.</label></referenceItem> <referenceItem role="section"><designator>4866.</designator> <label>Rehearing as to mental incompetency after commitment to hospital.</label></referenceItem> <referenceItem role="section"><designator>4867.</designator> <label>Appeal from magistrate’s determination of mental incompetency.</label></referenceItem> <referenceItem role="section"><designator>4868.</designator> <label>Mental examination of indigent defendant.</label></referenceItem> </toc> <section> <num value="4861">§ 4861. </num> <heading>Trial or punishment of insane person prohibited</heading> <content>A person may not be tried, adjudged to punishment, or punished for a public offense while he is insane.</content> </section> <section> <num value="4862">§ 4862. </num> <heading>Mental incompetency after arrest and before sentence or expiration of probation</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If, at any time during the pendency of the proceedings in a criminal action triable in the district court or a magistrate’s court and prior to the imposition of sentence or prior to the expiration of any period of probation, a substantial doubt arises as to the sanity of the defendant, the court shall determine if he is presently insane or is otherwise so mentally incompetent as to be unable to understand the proceedings against him or properly to assist in his own defense.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In making the determination the court shall cause the defendant, whether or not previously admitted to bail, to be examined as to his mental condition by at least one designated examiner, as defined by section 1681 of Title 5. For the purpose of the examination the court may order the defendant committed to a hospital, as defined by section 1831 of Title 5, for such reasonable period as the court may determine. The designated examiner shall report to the court, and the report shall be placed on file and shall be accessible to the counsel for the Government and to the defendant or his counsel.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Upon receiving the report of the designated examiner, the court shall hold a hearing, upon due notice, in which evidence as to the mental condition of the defendant may be submitted, including that of the reporting designated examiner, and the court shall make a finding with respect thereto.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>No statement made by the defendant, in the course of an examination into his sanity or mental competency provided for by this section, whether the examination is made with or without the consent of the defendant, shall be admitted in evidence against the defendant on the issue of guilt in any criminal proceedings. A finding by the court that the defendant is mentally competent to stand trial or hearing shall in no way prejudice the defendant in a plea of insanity as a defense to the crime charged; and such finding shall not be introduced in evidence on that issue nor otherwise be brought to the notice of the jury.</content> </subsection> </section> <section> <num value="4863">§ 4863. </num> <heading>Mental incompetency undisclosed at trial</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>When the Civil Affairs Director of the Canal Zone Government certifies that a prisoner convicted of a criminal offense and in the custody of the Canal Zone Government has been examined by at least three designated examiners as defined in section 1831 of Title 5, and that there is probable cause to believe that the person was insane or mentally incompetent at the time of his trial, provided the issue of insanity or mental competency was not raised and determined before or during the trial, the United States attorney shall transmit the report of the designated examiners and the certificate of the Civil Affairs Director to the court wherein the conviction was had.</content> </subsection> <page identifier="/us/stat/76a/543">543</page> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The court shall thereupon hold a hearing to determine the sanity or mental competency of the defendant in accordance with section 4862 of this title and with all the powers therein granted. In the hearing the certificate of the Civil Affairs Director together with the report of the designated examiners shall be prima facie evidence of the facts and conclusions certified therein.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>If the court finds that the defendant was insane or otherwise so mentally incompetent as to be unable to understand the proceedings against him or properly to assist in his own defense at the time of trial, the court shall vacate the judgment of conviction and grant a new trial.</content> </subsection> </section> <section> <num value="4864">§ 4864. </num> <heading>Procedure upon finding of mental incompetency</heading> <chapeau>When the court determines in accordance with section 4862 or 4863 of this title that a defendant is or was insane or mentally incompetent, the criminal proceedings shall be suspended and the court shall commit the defendant to a hospital as defined by section 1631 of Title 5 until:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the defendant shall be sane or mentally competent to continue with the proceedings; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the pending charges against the defendant are dismissed or otherwise disposed of according to law and he is discharged from the hospital pursuant to chapter 57 of Title 5.</content> </paragraph> </section> <section> <num value="4865">§ 4865. </num> <heading>Commitment to hospital as exonerating bail</heading> <content>The commitment of the defendant, as provided for by section 4864 of this title, exonerates his bail. A cash deposit in lieu of bail shall be returned to the depositor or, if made by the defendant, to the person authorized to receive the property of the defendant.</content> </section> <section> <num value="4866">§ 4866. </num> <heading>Rehearing as to mental incompetency after commitment to hospital</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>When in the opinion of at least one designated examiner, as defined by section 1631 of Title 5, the defendant has become sane or mentally competent, the head of the hospital to which the defendant has been committed shall report the opinion and findings of the designated examiner to the court which committed the defendant. The report shall be made a part of the court record and shall be accessible to the counsel for the Government and the defendant or his counsel.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>At any time after his commitment, the defendant may file a petition with the court which committed him for a rehearing on the question of his mental incompetency, if the petition is supported by an opinion and findings of at least one designated examiner, as defined by section 1631 of Title 5, that the defendant has become sane or mentally competent.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Within a reasonable time after the filing of a report under subsection (a) of this section or a petition under subsection (b) of this section, the court shall hold a hearing, upon due notice, in which evidence as to the mental condition of the defendant may be submitted and the court shall make a finding with respect thereto.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Section 4862(d) of this title applies to a statement by the defendant and a finding by the court in an examination or hearing provided for by this section.</content> </subsection> </section> <section> <num value="4867">§ 4867. </num> <heading>Appeal from magistrate’s determination of mental incompetency</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The determination by a magistrate that a defendant is insane or is otherwise so mentally incompetent as to be unable to understand the proceedings against him or properly to assist in his own defense may be appealed by the defendant or by the Government to the district court, except that the Government may appeal only in proceedings not triable before the magistrate.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Appeals shall be begun and proceeded with de novo in the district court.</content> </subsection> <page identifier="/us/stat/76a/544">544</page> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Upon announcement of his determination, the magistrate shall advise the defendant of his right to appeal and the manner of taking the appeal pursuant to section 3922 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>If an appeal is taken from a magistrate’s determination that the defendant is insane or mentally incompetent, the defendant shall be committed pursuant to section 4864 of this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>Upon perfection of an appeal as required by section 3922 of this title, the magistrate shall forthwith transmit the judgment, and all documents pertaining thereto, to the clerk of the district court.</content> </subsection> </section> <section> <num value="4868">§ 4868. </num> <heading>Mental examination of indigent defendant</heading> <content>If the court has reasonable cause to believe that a defendant in a criminal proceeding may have been insane at the time of the commission of the offense with which he is charged and it is demonstrated to the satisfaction of the court that the defendant is indigent, the district judge or magistrate, as the case may be, shall order the defendant, whether or not previously admitted to bail, to be observed and examined by at least one designated examiner, as defined by section 1631 of Title 5, regarding the defendant’s sanity at the time of the commission of the offense. For the purpose of the examination the court may order the defendant committed to a hospital, as defined by section 1681 of Title 5, for such reasonable period as the court may determine. The designated examiner or examiners shall report to the court, and the report shall be placed on file and shall be accessible to the counsel for the Government and to the defendant or his counsel before the resumption of the proceedings. The appearance of the designated examiners to testify in behalf of the indigent defendant shall be at no expense to the defendant.</content> </section> </chapter> <chapter> <num value="233">CHAPTER 233—</num><heading>DISPOSAL OF STOLEN OR EMBEZZLED PROPERTY AND PROPERTY TAKEN FROM ARRESTED PERSON</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4901.</designator> <label>Custody of peace officer.</label></referenceItem> <referenceItem role="section"><designator>4902.</designator> <label>Delivery to owner.</label></referenceItem> <referenceItem role="section"><designator>4903.</designator> <label>Custody of court; delivery to owner.</label></referenceItem> <referenceItem role="section"><designator>4904.</designator> <label>Delivery by trial court.</label></referenceItem> <referenceItem role="section"><designator>4905.</designator> <label>Unclaimed property.</label></referenceItem> <referenceItem role="section"><designator>4906.</designator> <label>Money or property taken from arrested person.</label></referenceItem> <referenceItem role="section"><designator>4907.</designator> <label>Police department entries.</label></referenceItem> </toc> <section> <num value="4901">§ 4901. </num> <heading>Custody of peace officer</heading> <content>When property alleged to have been stolen or embezzled comes into the custody of a peace officer, he shall hold it subject to the order of the court authorized by section 4902 of this title to direct the disposal thereof.</content> </section> <section> <num value="4902">§ 4902. </num> <heading>Delivery to owner</heading> <content>On satisfactory proof of the ownership of the property, the court before which the complaint is laid, or which examines the charge against the person accused of stealing or embezzling it, may, if neither party objects, order it to be delivered, permanently, or temporarily upon such conditions as the court may prescribe, to the owner on his paying the necessary expense incurred in its preservation, to be certified by the judge or magistrate of the court. The order entitles the owner to demand and receive the property.</content> </section> <section> <num value="4903">§ 4903. </num> <heading>Custody of court; delivery to owner</heading> <content>If the property stolen or embezzled comes into custody of a court, it may, if neither party objects, be delivered, permanently, or temporarily upon such conditions as the court may prescribe, to the owner on satisfactory proof of his title, and on his paying the necessary expense incurred in its preservation, to be certified by the judge or magistrate of the court.</content> </section> <page identifier="/us/stat/76a/545">545</page> <section> <num value="4904">§ 4904. </num> <heading>Delivery by trial court</heading> <content>If the property stolen or embezzled has not been delivered to the owner, the court before which a trial is had for stealing or embezzling it, may, if the time for appeal has expired and no appeal has been taken, on proof of his title, order it to be restored to the owner.</content> </section> <section> <num value="4905">§ 4905. </num> <heading>Unclaimed property</heading> <content>If the property stolen or embezzled is not claimed by the owner before the expiration of six months from the conviction of a person for stealing or embezzling it, the court shall order it sold on such terms and under such conditions as the court directs. The officer making the sale shall return the proceeds into court, whereupon the court shall order the balance of the proceeds, after deducting therefrom the expenses incurred in the preservation and sale of the property, to be delivered to the Canal Zone Government to be covered into the Treasury of the United States as miscellaneous receipts.</content> </section> <section> <num value="4906">§ 4906. </num> <heading>Money or property taken from arrested person</heading> <content>When money or other property is taken from a defendant, arrested upon a charge of a public offense, the officer taking it shall at the time give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken. The officer shall deliver one of the receipts to the defendant and forthwith file the other, together with the money or property, with the desk officer of the police station.</content> </section> <section> <num value="4907">§ 4907. </num> <heading>Police department entries</heading> <content>The clerk or person having charge at the police department shall enter in a suitable book a description of every article of property alleged to be stolen or embezzled and brought into the office or taken from the person of a prisoner, and shall attach a number to each article, and make a corresponding entry thereof.</content> </section> </chapter> <chapter> <num value="235">CHAPTER 235—</num><heading>CORPORATIONS AS DEFENDANTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4941.</designator> <label>Summons on complaint against corporation; service.</label></referenceItem> <referenceItem role="section"><designator>4942.</designator> <label>Preliminary examination, information, and subsequent proceedings.</label></referenceItem> <referenceItem role="section"><designator>4943.</designator> <label>Actions triable in magistrate’s court.</label></referenceItem> <referenceItem role="section"><designator>4944.</designator> <label>Collection of fine.</label></referenceItem> </toc> <section> <num value="4941">§ 4941. </num> <heading>Summons on complaint against corporation; service</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Upon the filing of a complaint against a corporation in a criminal action triable in the district court or a magistrate’s court, a summons shall be issued as provided by Rule 4 of the Federal Rules of Criminal Procedure and section 3702 of this title, summoning the corporation to appear before the magistrate to answer the charge at a stated time and place. The time may not be less than 10 days after the issuance of the summons.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The summons to the corporation shall be served as provided by Rule 4(c)(1), (2), and (3) and Rule 9(c)(1) of the Federal Rules of Criminal Procedure and return thereof shall be made as provided by Rule 4(c)(4). The service shall be made at least five days before the date of appearance stated in the summons.</content> </subsection> </section> <section> <num value="4942">§ 4942. </num> <heading>Preliminary examination, information, and subsequent proceedings</heading> <content>If the action is triable in the district court, the magistrate before whom the corporation is summoned to appear shall hold a preliminary examination as in the case of a natural person and certify either that there is or is not sufficient cause to believe the corporation guilty of the offense charged. In either case, the United States attorney may conduct an investigation and present an information to the district court and thereafter the same proceedings shall be had as in the case of a natural person.</content> </section> <page identifier="/us/stat/76a/546">546</page> <section> <num value="4943">§ 4943. </num> <heading>Actions triable in magistrate’s court</heading> <content>If an action against a corporation is triable in a magistrate’s court, the same proceedings shall be had as in the case of a natural person. If the corporation fails to appear at the trial, the magistrate shall enter a plea of not guilty.</content> </section> <section> <num value="4944">§ 4944. </num> <heading>Collection of fine</heading> <content>When a fine is imposed upon a corporation on conviction, it may be collected by virtue of the order imposing it, by the proper officer of the court, out of the real and personal property of the corporation, in the same manner as upon an execution in a civil action.</content> </section> </chapter> <chapter> <num value="237">CHAPTER 237—</num><heading>CRIMINAL EXTRADITION AND REMOVAL</heading> <toc> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">extradition and removal generally; rewards</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>4981.</designator> <label>Application of extradition laws and treaties of United States.</label></referenceItem> <referenceItem role="section"><designator>4982.</designator> <label>Arrest and removal to or from the Canal Zone.</label></referenceItem> <referenceItem role="section"><designator>4983.</designator> <label>Payment of expenses.</label></referenceItem> <referenceItem role="section"><designator>4984.</designator> <label>limitation on compensation, fee, or reward.</label></referenceItem> <referenceItem role="section"><designator>4985.</designator> <label>Rewards for apprehension of fugitives.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">uniform criminal extradition act</inline></label></referenceItem> <referenceItem role="section"><designator>5021.</designator> <label>Definition.</label></referenceItem> <referenceItem role="section"><designator>5022.</designator> <label>Fugitives from justice; duty of Governor.</label></referenceItem> <referenceItem role="section"><designator>5023.</designator> <label>Form of demand.</label></referenceItem> <referenceItem role="section"><designator>5024.</designator> <label>Governor may investigate case.</label></referenceItem> <referenceItem role="section"><designator>5025.</designator> <label>Extradition of persons imprisoned or awaiting trial in another state or who left the demanding state under compulsion.</label></referenceItem> <referenceItem role="section"><designator>5026.</designator> <label>Extradition of persons not present in demanding state at time of commission of crime.</label></referenceItem> <referenceItem role="section"><designator>5027.</designator> <label>Issue of Governor’s warrant of arrest; its recitals.</label></referenceItem> <referenceItem role="section"><designator>5028.</designator> <label>Manner and place of execution.</label></referenceItem> <referenceItem role="section"><designator>5029.</designator> <label>Authority of arresting officer.</label></referenceItem> <referenceItem role="section"><designator>5030.</designator> <label>Rights of accused person; application for writ of habeas corpus.</label></referenceItem> <referenceItem role="section"><designator>5031.</designator> <label>Penalty for non-compliance with preceding section.</label></referenceItem> <referenceItem role="section"><designator>5032.</designator> <label>Confinement in jail when necessary.</label></referenceItem> <referenceItem role="section"><designator>5033.</designator> <label>Arrest prior to requisition.</label></referenceItem> <referenceItem role="section"><designator>5034.</designator> <label>Arrest without a warrant.</label></referenceItem> <referenceItem role="section"><designator>5035.</designator> <label>Commitment to await requisition; bail.</label></referenceItem> <referenceItem role="section"><designator>5036.</designator> <label>Bail; in what cases; conditions of bond.</label></referenceItem> <referenceItem role="section"><designator>5037.</designator> <label>Extension of time of commitment; adjournment.</label></referenceItem> <referenceItem role="section"><designator>5038.</designator> <label>Forfeiture of bail.</label></referenceItem> <referenceItem role="section"><designator>5039.</designator> <label>Persons under criminal prosecution in Canal Zone at time of requisition.</label></referenceItem> <referenceItem role="section"><designator>5040.</designator> <label>Guilt or innocence of accused, when inquired into.</label></referenceItem> <referenceItem role="section"><designator>5041.</designator> <label>Governor may recall warrant or issue alias.</label></referenceItem> <referenceItem role="section"><designator>5042.</designator> <label>Fugitives from Canal Zone; duty of Governor.</label></referenceItem> <referenceItem role="section"><designator>5043.</designator> <label>Application for issuance of requisition; by whom made; contents.</label></referenceItem> <referenceItem role="section"><designator>5044.</designator> <label>Costs and expenses.</label></referenceItem> <referenceItem role="section"><designator>5045.</designator> <label>Immunity from service of process in certain civil actions.</label></referenceItem> <referenceItem role="section"><designator>5046.</designator> <label>Written waiver of extradition proceedings.</label></referenceItem> <referenceItem role="section"><designator>5047.</designator> <label>Non-waiver by Canal Zone.</label></referenceItem> <referenceItem role="section"><designator>5048.</designator> <label>No right of asylum; no immunity from other criminal prosecutions.</label></referenceItem> <referenceItem role="section"><designator>5049.</designator> <label>Uniformity of interpretation.</label></referenceItem> <referenceItem role="section"><designator>5050.</designator> <label>Short title.</label></referenceItem> <referenceItem role="subchapter"><designator class="centered"><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">extradition of fugitives from republic of panama</inline></label></referenceItem> <referenceItem role="section"><designator>5081.</designator> <label>Delivery to Panama of offenders who seek refuge in Canal Zone.</label></referenceItem> <referenceItem role="section"><designator>5082.</designator> <label>Discretion as to delivery of citizen of United States.</label></referenceItem> <referenceItem role="section"><designator>5083.</designator> <label>Person under accusation or sentence in Canal Zone.</label></referenceItem> <referenceItem role="section"><designator>5084.</designator> <label>Prosecution for graver offense.</label></referenceItem> <referenceItem role="section"><designator>5085.</designator> <label>Form of demand for arrest and delivery.</label></referenceItem> <referenceItem role="section"><designator>5086.</designator> <label>Telegraphic request for detention.</label></referenceItem> <referenceItem role="section"><designator>5087.</designator> <label>Procedure for arrest and detention.</label></referenceItem> <referenceItem role="section"><designator>5088.</designator> <label>Term of detention.</label></referenceItem> <referenceItem role="section"><designator>5089.</designator> <label>Authority of agents of Panama receiving fugitive in Canal Zone.</label></referenceItem> <referenceItem role="section"><designator>5090.</designator> <label>Duty of Canal Zone authorities to facilitate return of fugitive.</label></referenceItem> <referenceItem role="section"><designator>5091.</designator> <label>Delivery of objects found in fugitive’s possession.</label></referenceItem> <referenceItem role="section"><designator>5092.</designator> <label>Expense of capture, detention and transportation of fugitive.</label></referenceItem> </toc> <page identifier="/us/stat/76a/547">547</page> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Extradition and Removal Generally; Rewards</heading> <section> <num value="4981">§ 4981. </num> <heading>Application of extradition laws and treaties of United States</heading> <content>All laws and treaties relating to the extradition of persons accused of crime in force in the United States, to the extent that they are not in conflict with or superseded by any special treaty entered into between the United States and the Republic of Panama with respect to the Canal Zone, and all laws relating to the rendition of fugitives from justice as between the several States and Territories of the United States, shall extend to and be considered in force in the Canal Zone, and for such purposes the Canal Zone shall be considered and treated as an organized Territory of the United States.</content> </section> <section> <num value="4982">§ 4982. </num> <heading>Arrest and removal to or from the Canal Zone</heading> <content> <p class="indent0 firstIndent1 fontsize10">Section 3041 of Title 18, United States Code, and Rule 40 of the Federal Rules of Criminal Procedure, as far as applicable, apply throughout the United States for the arrest and removal therefrom to the Canal Zone of any person charged with the commission of any crime or offense against the United States within the Canal Zone, and apply within the Canal Zone for the arrest and removal therefrom to the United States of any person charged with the commission of any crime or offense against the United States.</p> <p class="indent0 firstIndent1 fontsize10">The person may, by any judge or magistrate of the Canal Zone, and agreeably to the usual mode of process against offenders therein, be arrested and imprisoned or bailed, as the case may be, pending the issuance of a warrant for his removal to the United States, which warrant it shall be the duty of a judge of the district court seasonably to issue, and of the officer or agent of the United States designated for the purpose to execute. The officer or agent, when engaged in executing the warrant without the Canal Zone, has all the powers of a marshal of the United States as far as such powers are requisite for the prisoner’s safe keeping and the execution of the warrant.</p> </content> </section> <section> <num value="4983">§ 4983. </num> <heading>Payment of expenses</heading> <content>When the Governor of the Canal Zone demands the surrender to the authorities of the Canal Zone of an accused person who has been found and arrested in any State of the United States or in any foreign country, the accounts of the person employed by the Governor to bring back the accused person shall be audited and paid out of the treasury of the Canal Zone.</content> </section> <section> <num value="4984">§ 4984. </num> <heading>Limitation on compensation, fee, or reward</heading> <content>Compensation, fees, or rewards of any kind may not be paid to or received by a public officer of the Canal Zone, or other person, for a service rendered in procuring from the Governor the demand provided for by section 4983 of this title, or the surrender of the accused person, or for conveying him to the Canal Zone, or detaining him therein, except as provided in that section.</content> </section> <section> <num value="4985">§ 4985. </num> <heading>Rewards for apprehension of fugitives</heading> <chapeau>The Governor may offer a reward not exceeding $1,000 for the apprehension of:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a convict who has escaped from the penitentiary; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a person who has committed or is charged with the commission of an offense punishable with death.</content> </paragraph> </section> </subchapter> <page identifier="/us/stat/76a/548">548</page> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Uniform Criminal Extradition Act</heading> <section> <num value="5021">§ 5021. </num> <heading>Definitions</heading> <content>In this subchapter, the term “Governor” includes ally person performing the functions of Governor by authority of the law applicable in the Canal Zone. The term “Executive Authority” includes the governor and any person performing the functions of governor in a state other than the Canal Zone, and the term “State”, referring to a state other than the Canal Zone, includes any state or territory, organized or unorganized, of the United States of America.</content> </section> <section> <num value="5022">§ 5022. </num> <heading>Fugitives from justice; duty of Governor</heading> <content>Subject to this subchapter, the provisions of the Constitution of the United States controlling, and acts of Congress in pursuance thereof it is the duty of the Governor of the Canal Zone to have arrested and delivered up to the Executive Authority of a State any person charged in that State with treason felony, or other crime, who has fled from justice and is found in the Canal Zone.</content> </section> <section> <num value="5023">§ 5023. </num> <heading>Form of demand</heading> <content>A demand for the extradition of a person charged with crime in another State may not be recognized by the Governor unless in writing alleging, except in cases arising under section 5026 of this title, that the accused was present in the demanding State at the time of the commission of the alleged crime, and that thereafter he fled from the State, and accompanied by a copy of an indictment found or by information supported by affidavit in the State having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the Executive Authority of the demanding State that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that State; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the Executive Authority making the demand.</content> </section> <section> <num value="5024">§ 5024. </num> <heading>Governor may investigate case</heading> <content>When a demand is made upon the Governor of the Canal Zone by the Executive Authority of a State for the surrender of a person so charged with crime, the Governor may call upon the United States attorney to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.</content> </section> <section> <num value="5025">§ 5025. </num> <heading>Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion</heading> <content> <p class="indent0 firstIndent1 fontsize10">When it is desired to have returned to the Canal Zone a person charged in the Canal Zone with a crime, and he is imprisoned or is held under criminal proceedings then pending against him in another State, the Governor of the Canal Zone may agree with the Executive Authority of the other State for the extradition of the person before the conclusion of the proceedings or his term of sentence in the other State, upon condition that he be returned to the other State at the expense of the Canal Zone as soon as the prosecution in the Canal Zone is terminated.</p> <p class="indent0 firstIndent1 fontsize10">The Governor of the Canal Zone may also surrender on demand of the Executive Authority of a State any person in the Canal Zone who is charged in the manner provided by section 5023 of this title with <page identifier="/us/stat/76a/549">549</page> having violated the laws of the State whose Executive Authority is making the demand, even though the person left the demanding State involuntarily.</p> </content> </section> <section> <num value="5026">§ 5026. </num> <heading>Extradition of persons not present in demanding state at time of commission of crime</heading> <content>The Governor of the Canal Zone may also surrender, on demand of the Executive Authority of a State, any person in the Canal Zone charged in that State in the manner provided by section 5023 of this title with committing an act in the Canal Zone, or in a third State, intentionally resulting in a crime in the State whose Executive Authority is making the demand, and the provisions of this subchapter not otherwise inconsistent, apply to such cases, even though the accused was not in that State at the time of the commission of the crime, and has not tied therefrom.</content> </section> <section> <num value="5027">§ 5027. </num> <heading>Issue of Governor’s warrant of arrest; its recitals</heading> <content>If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the seal of the Canal Zone and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.</content> </section> <section> <num value="5028">§ 5028. </num> <heading>Manner and place of execution</heading> <content>The warrant prescribed by section 5027 of this title shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the Canal Zone and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this subchapter, to the duly authorized agent of the demanding State.</content> </section> <section> <num value="5029">§ 5029. </num> <heading>Authority of arresting officer</heading> <content>A peace officer or other person empowered to make the arrest has the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.</content> </section> <section> <num value="5030">§ 5030. </num> <heading>Rights of accused person; application for writ of habeas corpus</heading> <content> <p class="indent0 firstIndent1 fontsize10">A person arrested upon such a warrant may not be delivered over to the agent whom the Executive Authority demanding him has appointed to receive him unless he is first taken forthwith before the judge of the district court, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel states that he or they desire to test the legality of his arrest, the judge of the district court shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such a writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the United States attorney. and to the agent of the demanding State.</p> <p class="indent0 firstIndent1 fontsize10">During the absence of the district judge, the powers conferred upon the district court by this section may be exercised by a magistrate or a magistrate’s court.</p> </content> </section> <section> <num value="5031">§ 5031. </num> <heading>Penalty for non-compliance with preceding section</heading> <content>An officer who delivers to the agent for extradition of the demanding State a person in his custody under the Governor’s warrant in willful disobedience to section 5030 of this title, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $1,000 or be imprisoned in jail not more than six months, or both.</content> </section> <page identifier="/us/stat/76a/550">550</page> <section> <num value="5032">§ 5032. </num> <heading>Confinement in jail when necessary</heading> <content> <p class="indent0 firstIndent1 fontsize10">The officer or persons executing the Governor’s warrant of arrest, or the agent of the demanding State to whom the prisoner may have been delivered may, when necessary, confine the prisoner in any jail in the Canal Zone; and the keeper of the jail shall receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, the officer or person being chargeable with the expense of keeping.</p> <p class="indent0 firstIndent1 fontsize10">The officer or at of a demanding State to whom a prisoner may have been delivered following extradition proceedings in another State, or to whom a prisoner may have been delivered after waiving extradition in the other State, and who is passing through the Canal Zone with such a prisoner for the purpose of immediately returning him to the demanding State may, when necessary, confine the prisoner in any ail in the Canal Zone; and the keeper of the jail shall receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route the officer or agent being chargeable with the expense of keeping, if the officer or agent produces and shows to the keeper of the jail satisfactory written evidence of the fact that he is actually transporting the prisoner to the demanding State after a requisition by the Executive Authority of the demanding State. The prisoner is not entitled to demand a new requisition while in the Canal Zone.</p> </content> </section> <section> <num value="5033">§ 5033. </num> <heading>Arrest prior to requisition</heading> <content>When a person within the Canal Zone is charged on the oath of a credible person before a judge or magistrate of the Canal Zone with the commission of a crime in another State and, except in cases arising under section 5026 of this title, with having fled from justice, or with having been convicted of a crime in that State and having escaped from confinement, or having broken the terms of his bail, probation or parole, or when complaint has been made before a judge or magistrate of the Canal Zone setting forth on the affidavit of a credible person in another State that a crime has been committed in the other State and that the accused has been charged in that State with the commission of the crime, and, except in cases arising under section 5026 of this title, has fled from justice, or with having been convicted of a crime in that State and having escaped from confinement, or having broken the terms of his bail, probation or parole and is believed to be in the Canal Zone, the judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in the Canal Zone, and bring him before the same or any other judge, magistrate or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint. and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.</content> </section> <section> <num value="5034">§ 5034. </num> <heading>Arrest without a warrant</heading> <content>The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a State with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in section 5033 of this title; and thereafter his answer shall be heard as if he had been arrested on a warrant.</content> </section> <page identifier="/us/stat/76a/551">551</page> <section> <num value="5035">§ 5035. </num> <heading>Commitment to await requisition; bail</heading> <content>If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 6026 of this title, that he has fled from justice, the judge or magistrate shall, by a warrant reciting the accusation, commit him to jail for such time not exceeding 30 days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the Executive Authority of the State having jurisdiction of the offense, unless the accused gives bail as provided by section 5036 of this title, or until he is legally discharged.</content> </section> <section> <num value="5036">§ 5036. </num> <heading>Bail; in what cases; conditions of bond</heading> <content>Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the State in which it was committed, a judge or magistrate in the Canal Zone may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in the bond, and for his surrender, to be arrested upon the warrant of the Governor of the Canal Zone.</content> </section> <section> <num value="5037">§ 5037. </num> <heading>Extension of time of commitment; adjournment</heading> <content>If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed 60 days, or a judge or magistrate may again take bail for his appearance and surrender, as provided by section 5036 of this title, but within a period not to exceed 60 days after the date of the new bond.</content> </section> <section> <num value="5038">§ 5038. </num> <heading>Forfeiture of bail</heading> <content>If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within the Canal Zone. Recovery may be had on the bond as in the case of other bonds given by the accused in criminal proceedings within the Canal Zone.</content> </section> <section> <num value="5039">§ 5039. </num> <heading>Persons under criminal prosecution in Canal Zone at time of requisition</heading> <content>If a criminal prosecution has been instituted against the person under the laws applicable in the Canal Zone and is still pending the Governor, in his discretion, may either surrender him on demand of the Executive Authority of a State or hold him until he has been tried and discharged or convicted and punished in the Canal Zone.</content> </section> <section> <num value="5040">§ 5040. </num> <heading>Guilt or innocence of accused, when inquired into</heading> <content>The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided has been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.</content> </section> <section> <num value="5041">§ 5041. </num> <heading>Governor may recall warrant or issue alias</heading> <content>The Governor may recall his warrant of arrest or may issue another warrant whenever he deems it proper.</content> </section> <section> <num value="5042">§ 5042. </num> <heading>Fugitives from Canal Zone; duty of Governor</heading> <content>When the Governor of the Canal Zone demands a person charged with crime, other than an offense against the United States, <page identifier="/us/stat/76a/552">552</page> with escaping from confinement or breaking the terms of his bail or breaking the terms of probation granted by a magistrate’s court, in the Canal Zone, from the Executive Authority of a State or from the chief judge or an associate judge of the United States District Court for the District of Columbia authorized to receive the demand under the laws of the United States, he shall issue a warrant under the seal of the Canal Zone, to an agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the Canal Zone.</content> </section> <section> <num value="5043">§ 5043. </num> <heading>Application for issuance of requisition; by whom made; contents</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>When the return to the Canal Zone of a person charged with crime in the Canal Zone other than an offense against the United States, is required, the United States attorney. shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances of its commission, the State in which he is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the United States attorney the ends of justice require the arrest and return of the accused to the Canal Zone for trial and that the proceeding is not instituted to enforce a private claim.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>When the return to the Canal Zone is required of a person who has been convicted of a crime in the Canal Zone, other than an offense against the United States, and has escaped from confinement or broken the terms of his bail or broken the terms of probation granted by a magistrate’s court, the United States attorney, probation officer, or peace officer from whom, or warden of the institution from which, escape was made, shall present to the Governor a written application for a requisition for the return of the person in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail or probation, and the State in which he is believed to be, including the location of the person therein at the time application is made.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged or of the judgment of conviction or of the sentence. The United States attorney or other officer making the application may also attach such further affidavits and other documents in duplicate as he deems proper to be submitted with the application. One copy of the application, with the action of the Governor indicated by indorsement thereon, and one of the certified copies of the indictment, complaint, information, and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the executive secretary of the Canal Zone Government to remain of record in that office. The other copies of all papers shall be forwarded with the Governor’s requisition.</content> </subsection> </section> <section> <num value="5044">§ 5044. </num> <heading>Costs and expenses</heading> <content>When the Governor of the Canal Zone demands a person pursuant to this subchapter, costs and expenses shall be paid as provided by section 4983 of this title.</content> </section> <section> <num value="5045">§ 5045. </num> <heading>Immunity from service of process in certain civil actions</heading> <content>A person brought into the Canal Zone by, or after waiver of, extradition based on a criminal charge is not subject to service of personal <page identifier="/us/stat/76a/553">553</page> process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been returned, until he has been convicted in the criminal proceeding, or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.</content> </section> <section> <num value="5046">§ 5046. </num> <heading>Written waiver of extradition proceedings</heading> <content> <p class="indent0 firstIndent1 fontsize10">A person arrested in the Canal Zone charged with having committed a crime in another State or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for by sections 5027 and 5028 of this title and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of the judge of the district court a writing which states that he consents to return to the demanding State; but if before the waiver is executed or subscribed by the person it shall be the duty of the judge to inform the person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for by section 5030 of this title.</p> <p class="indent0 firstIndent1 fontsize10">If and when the consent has been duly executed it shall forthwith be forwarded to the office of the Governor of the Canal Zone and filed therein. The judge shall direct the officer having the person in custody to deliver forthwith the person to the duly accredited agent or agents of the demanding State, and shall deliver or cause to be delivered to the agent or agents a copy of the consent; but this section does not limit the rights of the accused person to return voluntarily and without formality to the demanding State, and this waiver procedure is not an exclusive procedure and does not limit the powers rights or duties of the officers of the demanding State or of the Canal Zone.</p> <p class="indent0 firstIndent1 fontsize10">During the absence of the district judge, the powers conferred upon the district court by this section may be exercised by a magistrate or a magistrate’s court.</p> </content> </section> <section> <num value="5047">§ 5047. </num> <heading>Non-waiver by Canal Zone</heading> <content>This subchapter does not constitute a waiver by the Government of the Canal Zone of its right, power or privilege to try such a demanded person for crime committed within the Canal Zone, or of its right, power or privilege to regain custody of the person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within the Canal Zone, and proceedings had under this subchapter which result in, or fail to result in, extradition does not constitute a waiver by the Government of the Canal Zone, of any of its rights, privileges or jurisdiction.</content> </section> <section> <num value="5048">§ 5048. </num> <heading>No right of asylum; no immunity from other criminal prosecutions</heading> <content>After a person has been brought back to the Canal Zone by, or after waiver of extradition proceedings, he may be tried in the Canal Zone for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.</content> </section> <section> <num value="5049">§ 5049. </num> <heading>Uniformity of interpretation</heading> <content>The provisions of this subchapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.</content> </section> <section> <num value="5050">§ 5050. </num> <heading>Short title</heading> <content>This subchapter may be cited as the Uniform Criminal Extradition Act.</content> </section> </subchapter> <page identifier="/us/stat/76a/554">554</page> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Extradition of Fugitives From Republic of Panama</heading> <section> <num value="5081">§ 5081. </num> <heading>Delivery to Panama of offenders who seek refuge in Canal Zone</heading> <content>All persons who have been condemned, prosecuted or accused before the courts of the Republic of Panama as authors or accomplices of crimes, transgressions or offenses against the laws of that Republic, who seek refuge in the Canal Zone, shall be, upon apprehension, taken into custody by the authorities of the Canal Zone and delivered to the authorities of the Republic of Panama, upon the demand of the Government of that Republic and compliance with the procedure prescribed in this subchapter.</content> </section> <section> <num value="5082">§ 5082. </num> <heading>Discretion as to delivery of citizen of United States</heading> <content>The Government of the Canal Zone may decline compliance with a demand of the Government of the Republic of Panama for the arrest and delivery to the authorities of that Republic of a fugitive from the justice of the Republic of Panama when the fugitive is a citizen of the United States. The discretion reserved shall be exercised by the Governor of the Canal Zone.</content> </section> <section> <num value="5083">§ 5083. </num> <heading>Person under accusation or sentence in Canal Zone</heading> <content>If the person whose arrest and delivery is demanded is accused of, or under sentence for, a crime transgression or offense committed in the Canal Zone, he may not be delivered to the authorities of the Republic of Panama until he has been acquitted or pardoned, or has undergone his sentence pursuant to the laws of the Canal Zone.</content> </section> <section> <num value="5084">§ 5084. </num> <heading>Prosecution for graver offense</heading> <content>If, in the course of the proceedings in the courts of the Republic of Panama, in the case to which the arrest and delivery appertain, it appears that probable cause exists for believing the delinquent guilty of another and graver offense against the laws of the Republic of Panama than that which gave rise to the request for his apprehension and delivery, the Government of that Republic may prosecute the fugitive for such other offense after notice to that effect to the Government of the Canal Zone.</content> </section> <section> <num value="5085">§ 5085. </num> <heading>Form of demand for arrest and delivery</heading> <content>A demand for the arrest and delivery of a fugitive from the justice of the Republic of Panama, pursuant to the terms of this subchapter, will be complied with when made in writing and signed by the Minister for Foreign Affairs of the Republic of Panama, or by his direction, and presented to the Governor of the Canal Zone. If the demand is for a condemned and fugitive criminal, it shall be accompanied by a duly certified copy of sentence pronounced by a court of competent jurisdiction, and, as far as possible, a description of the fugitive sought to be reclaimed.</content> </section> <section> <num value="5086">§ 5086. </num> <heading>Telegraphic request for detention</heading> <content>In case of urgency, where there are reasonable grounds for fearing that the fugitive may avoid apprehension, his detention may be asked for by telegraph.</content> </section> <section> <num value="5087">§ 5087. </num> <heading>Procedure for arrest and detention</heading> <content>The arrest and detention shall be accomplished in the manner and by the officials prescribed by the laws of the Canal Zone.</content> </section> <section> <num value="5088">§ 5088. </num> <heading>Term of detention</heading> <content>Detentions authorized by this subchapter may not continue longer than 15 days, during which the procedure for securing the delivery of the fugitive to the authorities of the Republic of Panama shall be completed.</content> </section> <page identifier="/us/stat/76a/555">555</page> <section> <num value="5089">§ 5089. </num> <heading>Authority of agents of Panama receiving fugitive in Canal Zone</heading> <content>For the purpose of accomplishing the delivery of the fugitives apprehended and delivered in pursuance of this subchapter the Republic of Panama may send its agent or agents duly authorized to receive the fugitive into the territory of the Canal Zone, but the agent’s action and authority shall be limited to receiving the fugitive at the point of departure for return to the Republic of Panama and, at the moment of departure and thenceforth, to exercising the necessary vigilance and restraint to prevent the escape of the person in custody.</content> </section> <section> <num value="5090">§ 5090. </num> <heading>Duty of Canal Zone authorities to facilitate return of fugitive</heading> <content>It is the duty of the authorities of the Canal Zone on the line of transit to provide the persons charged with the conveyance of the fugitives so delivered with all the means necessary to prevent escape and to remove all unlawful obstacles that may hinder or delay the return of the fugitives to the territory of the Republic of Panama.</content> </section> <section> <num value="5091">§ 5091. </num> <heading>Delivery of objects found in fugitive’s possession</heading> <content>All papers and other objects found in the possession of the fugitive at the time of his detention that refer to the crime, transgression or offense of which the fugitive is amused or convicted shall be delivered to the Government of the Republic of Panama. These papers and objects shall be restored after the conclusion of the case if there are third parties who assert a right to or over them. The authorities of the Government of the Canal Zone may provisionally retain the objects and papers as long as they are required for use as evidence in any other case pending or contemplated in the courts of the Canal Zone, whether or not the case is related to the case wherein the demand for the apprehension and return of the fugitive originated.</content> </section> <section> <num value="5092">§ 5092. </num> <heading>Expense of capture, detention and transportation of fugitive</heading> <content>The expense of capture, detention and transportation of a fugitive from the justice of the Republic of Panama, shall be paid by that Republic; but such expenses shall not include compensation for the services of the judiciary, military or police authorities of the Government of the Canal Zone.</content> </section> </subchapter> </chapter> </part> <part> <num class="bold" value="3">PART 3—</num><heading class="bold">PRISONS AND PRISONERS</heading> <toc> <headingItem> <designator><inline class="smallCaps">Chapter</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>351.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Prisons and Prisoners Generally</inline></label> <target>6501</target></referenceItem> <referenceItem role="chapter"><designator>353.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Good Conduct Allowances</inline></label> <target>6541</target></referenceItem> <referenceItem role="chapter"><designator>355.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Pardons and Reprieves</inline></label> <target>6581</target></referenceItem> <referenceItem role="chapter"><designator>357.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Parole</inline></label> <target>6621</target></referenceItem> </toc> <chapter> <num value="351">CHAPTER 351—</num><heading>PRISONS AND PRISONERS GENERALLY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>6501.</designator> <label>Regulations for management of prisoners.</label></referenceItem> <referenceItem role="section"><designator>6502.</designator> <label>Hard labor in felony convictions; work in misdemeanor convictions.</label></referenceItem> <referenceItem role="section"><designator>6503.</designator> <label>Transfer of prisoners.</label></referenceItem> <referenceItem role="section"><designator>6504.</designator> <label>Penitentiary at Gamboa.</label></referenceItem> <referenceItem role="section"><designator>6505.</designator> <label>Receipt and detention of convicts at penitentiary.</label></referenceItem> <referenceItem role="section"><designator>6506.</designator> <label>Bringing prisoner before a court.</label></referenceItem> <referenceItem role="section"><designator>6507.</designator> <label>Clothing and money for discharged prisoners.</label></referenceItem> </toc> <section> <num value="6501">§ 6501. </num> <heading>Regulations for management of prisoners</heading> <content>The Governor shall prescribe, and from time to time may amend, regulations providing for the management of prisoners in the penal institutions of the Canal Zone, including provisions for treatment, <page identifier="/us/stat/76a/556">556</page> care, assignment for work insofar as authorized by law, discipline, and welfare.</content> </section> <section> <num value="6502">§ 6502. </num> <heading>Hard labor in felony convictions; work in misdemeanor convictions</heading> <content>In all cases of conviction of felony the sentence of imprisonment shall be served at hard labor. In all cases of conviction of misdemeanor the sentence of confinement shall entail the performance of work incidental to maintenance of the jails, premises and equipment.</content> </section> <section> <num value="6503">§ 6503. </num> <heading>Transfer of prisoners</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <chapeau>Prisoners may be transferred from one penal institution to another within the Canal Zone designated by the Governor when:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the room in a penal institution is insufficient for the prisoners confined therein; or</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the Governor determines, in the cases of women prisoners or prisoners under 18 years of age, that the public welfare will best be subserved by imprisonment elsewhere than in the prison at Gamboa.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A transfer under this section may not aggravate or affect the condition of the prisoners in any way, and they shall serve in accordance with their sentences.</content> </subsection> </section> <section> <num value="6504">§ 6504. </num> <heading>Penitentiary at Gamboa</heading> <content>The prison situated at Gamboa is a penitentiary of and for the Canal Zone.</content> </section> <section> <num value="6505">§ 6505. </num> <heading>Receipt and detention of convicts at penitentiary</heading> <content>The warden or keeper of the penitentiary shall receive, imprison and detain all persons who have been sentenced to imprisonment therein by the district court or by other courts possessing the requisite jurisdiction or by other competent authority.</content> </section> <section> <num value="6506">§ 6506. </num> <heading>Bringing prisoner before a court</heading> <content>When it is necessary to have a person who is imprisoned in a penal institution brought before a court, an order for that purpose may be made by the court and executed by the officer of the court where it is made.</content> </section> <section> <num value="6507">§ 6507. </num> <heading>Clothing and money for discharged prisoners</heading> <content>On the discharge of a prisoner from a penal institution in the Canal Zone the prisoner may, in the discretion of the Governor, be furnished with such suitable clothing as may be authorized by the Governor, and an amount of money not exceeding $20.</content> </section> </chapter> <chapter> <num value="353">CHAPTER 353—</num><heading>GOOD CONDUCT ALLOWANCES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>6541.</designator> <label>Computation of good time allowances.</label></referenceItem> <referenceItem role="section"><designator>6542.</designator> <label>Discharge.</label></referenceItem> <referenceItem role="section"><designator>6543.</designator> <label>Released prisoner as parolee.</label></referenceItem> <referenceItem role="section"><designator>6544.</designator> <label>Forfeiture for offense.</label></referenceItem> <referenceItem role="section"><designator>6545.</designator> <label>Restoration of forfeited commutation.</label></referenceItem> </toc> <section> <num value="6541">§ 6541. </num> <heading>Computation of good time allowances</heading> <content> <p class="indent0 firstIndent1 fontsize10">Each prisoner convicted of an offense against the laws of the United States or the laws of the Canal Zone and confined in a penal institution in the Canal Zone for a definite term other than for life, whose record of conduct shows that he has faithfully observed all the rules and has not been subjected to punishment, shall be entitled to a deduction from the term of his sentence beginning with the day on which the sentence commences to run, as follows:</p> <p class="indent0 firstIndent1 fontsize10">Five days for each month, if the sentence is not less than six months and not more than one year.</p> <page identifier="/us/stat/76a/557">557</page> <p class="indent0 firstIndent1 fontsize10">Six days for each month, if the sentence is more than one year and less than three years.</p> <p class="indent0 firstIndent1 fontsize10">Seven days for each month, if the sentence is not less than three years and less than five years.</p> <p class="indent0 firstIndent1 fontsize10">Eight days for each month, if the sentence is not less than five years and less than ten years.</p> <p class="indent0 firstIndent1 fontsize10">Ten days for each month, if the sentence is ten years or more.</p> <p class="indent0 firstIndent1 fontsize10">When two or more consecutive sentences are to be served, the aggregate of the served sentences shall be the basis upon which the deduction shall be computed.</p> </content> </section> <section> <num value="6542">§ 6542. </num> <heading>Discharge</heading> <content>A prisoner shall be released at the expiration of his term of sentence less the time deducted for good conduct. A certificate of such deduction shall be entered on the commitment by the warden or keeper.</content> </section> <section> <num value="6543">§ 6543. </num> <heading>Released prisoner as parolee</heading> <content> <p class="indent0 firstIndent1 fontsize10">A prisoner having served his term or terms less good-time deductions shall, upon release, be deemed as if released on parole until the expiration of the maximum term or terms for which he was sentenced less 180 days.</p> <p class="indent0 firstIndent1 fontsize10">This section does not prevent delivery of a prisoner to the authorities of any State or country otherwise entitled to his custody.</p> </content> </section> <section> <num value="6544">§ 6544. </num> <heading>Forfeiture for offense</heading> <content>If during the term of imprisonment a prisoner commits any offense or violates the rules of the institution, all or any part of his earned good time may be forfeited.</content> </section> <section> <num value="6545">§ 6545. </num> <heading>Restoration of forfeited commutation</heading> <content>The Governor may restore any forfeited or lost good time or such portion thereof as he deems proper.</content> </section> </chapter> <chapter> <num value="355">CHAPTER 355—</num><heading>PARDONS AND REPRIEVES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>6581.</designator> <label>Pardons and reprieves by Governor.</label></referenceItem> </toc> <section> <num value="6581">§ 6581. </num> <heading>Pardons and reprieves by Governor</heading> <content>The Governor may grant pardons and reprieves and remit fines and forfeitures for offenses against the laws of the Canal Zone. He may also grant reprieves for offenses against the laws of the United States until the decision of the President is made known thereon. Pardons granted by the Governor have the same legal effect for all purposes as pardons granted by the President.</content> </section> </chapter> <chapter> <num value="357">CHAPTER 357—</num><heading>PAROLE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>6621.</designator> <label>Eligibility for parole.</label></referenceItem> <referenceItem role="section"><designator>6622.</designator> <label>Application for parole.</label></referenceItem> <referenceItem role="section"><designator>6623.</designator> <label>Conditions of parole.</label></referenceItem> <referenceItem role="section"><designator>6624.</designator> <label>Violation of parole.</label></referenceItem> <referenceItem role="section"><designator>6625.</designator> <label>Regulations by Governor.</label></referenceItem> </toc> <page identifier="/us/stat/76a/558">558</page> <section> <num value="6621">§ 6621. </num> <heading>Eligibility for parole</heading> <content>A prisoner confined in a penitentiary, jail or prison in the Canal Zone for a definite term or terms of over six months or for the term of his natural lifer whose record shows that he has observed the rules of the institution in which he is confined, may be released by the Governor on parole after serving one-third of such term or terms or after serving 15 years of a life sentence or of a sentence of over 45 years.</content> </section> <section> <num value="6622">§ 6622. </num> <heading>Application for parole</heading> <chapeau>Application for parole shall be made in writing. An application may not be considered unless the penitentiary, jail, or prison records show that:</chapeau> <paragraph class="firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the applicant’s conduct has been uniformly excellent for a period of at least six months immediately preceding the date of the application, or for a period immediately preceding the date of the application amounting to at least one-third of the term of imprisonment; and</content> </paragraph> <paragraph class="firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the applicant has served the minimum time fixed by section 6621 of this title.</content> </paragraph> </section> <section> <num value="6623">§ 6623. </num> <heading>Conditions of parole</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>If it appears to the Governor from a report by the proper officers of the penitentiary, prison or jails or upon application by a prisoner for release on parole that there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws, and if in the opinion of the Governor the release is not incompatible with the welfare of society, the Governor may in his discretion authorize the release of the prisoner on parole.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The parolee shall be allowed to return to his home, or to go elsewhere, upon such terms and conditions as the Governor prescribes.</content> </subsection> </section> <section> <num value="6624">§ 6624. </num> <heading>Violation of parole</heading> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Violation of any condition of the parole within the maximum term or terms for which he was sentenced shall subject the prisoner to be retaken upon a warrant issued by the Governor or his designee and the warrant may be served by any peace officer. The unexpired term of imprisonment of the prisoner shall begin to run from the date he is returned under the warrant to the penitentiary, prison or jail from which he was Paroled.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>A prisoner taken into custody by virtue of a warrant under this section shall be given an opportunity to appear before the Governor or his designee or designees and the Governor may, after a hearing, or after a hearing has been waived, revoke the order of parole or modify the terms and conditions thereof.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>If the order of parole is revoked the prisoner shall serve all or any part of the remainder of the sentence originally imposed and the time the prisoner was out on parole may not be taken into account to diminish the time for which he was sentenced.</content> </subsection> </section> <section> <num value="6625">§ 6625. </num> <heading>Regulations by Governor</heading> <content>The Governor shall prescribe, and from time to time may amend, regulations regarding parole necessary or desirable in carrying out the provisions of this chapter and not inconsistent therewith.</content> </section> </chapter> </part> 559 <num value="7">TITLE 7—</num><heading>DECEDENTS’ ESTATES AND FIDUCIARY RELATIONS</heading> <toc> <headingItem> <designator><inline class="smallCaps">Part</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="part"><designator>1.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Wills</inline></label> <target>1</target></referenceItem> <referenceItem role="part"><designator>2.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Succession; Escheat; Simultaneous Deaths</inline></label> <target>501</target></referenceItem> <referenceItem role="part"><designator>3.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Administration of Decedents’ Estates</inline></label> <target>901</target></referenceItem> <referenceItem role="part"><designator>4.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Estates of Missing Persons</inline></label> <target>2501</target></referenceItem> <referenceItem role="part"><designator>5.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Guardian and Ward</inline></label> <target>2801</target></referenceItem> <referenceItem role="part"><designator>6.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Trusts and Trustees</inline></label> <target>3501</target></referenceItem> </toc> <part> <num class="bold" value="1">PART 1—</num><heading class="bold">WILLS</heading> <toc> <headingItem> <designator><inline class="smallCaps">Chapter</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>1.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">General Provisions Regarding Wills</inline></label> <target>1</target></referenceItem> <referenceItem role="chapter"><designator>3.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Execution of Wills</inline></label> <target>41</target></referenceItem> <referenceItem role="chapter"><designator>5.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Revocation of Wills</inline></label> <target>81</target></referenceItem> <referenceItem role="chapter"><designator>7.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Kindred Not Mentioned in Will; Death of Legatees</inline></label> <target>121</target></referenceItem> <referenceItem role="chapter"><designator>9.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Interpretation of Wills</inline></label> <target>151</target></referenceItem> <referenceItem role="chapter"><designator>11.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Effect of Certain Provisions</inline></label> <target>191</target></referenceItem> <referenceItem role="chapter"><designator>13.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Conditions and Remainders</inline></label> <target>231</target></referenceItem> <referenceItem role="chapter"><designator>15.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Legacies and Interest</inline></label> <target>261</target></referenceItem> </toc> <chapter> <num value="1">CHAPTER 1—</num><heading>GENERAL PROVISIONS REGARDING WILLS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1.</designator> <label>Definition of will.</label></referenceItem> <referenceItem role="section"><designator>2.</designator> <label>Persons who may make a will; property subject to disposal.</label></referenceItem> <referenceItem role="section"><designator>3.</designator> <label>Effect of duress, menace, fraud or undue influence.</label></referenceItem> <referenceItem role="section"><designator>4.</designator> <label>Conjoint or mutual will.</label></referenceItem> <referenceItem role="section"><designator>5.</designator> <label>Republication by codicil.</label></referenceItem> <referenceItem role="section"><designator>6.</designator> <label>Bequest for charitable uses.</label></referenceItem> </toc> <section> <num value="1">§ 1. </num> <heading>Definition of will</heading> <content>As used in this Code, unless it is otherwise provided or the context requires a different construction, application or meaning, “will” means “last will and testament” and includes “codicil”.</content> </section> <section> <num value="2">§ 2. </num> <heading>Persons who may make a will; property subject to disposal</heading> <chapeau>Every person of sound mind, over 18 years of age, may dispose by will, of:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>his separate property;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the whole or any part of his body to a teaching institution, university, college, the health director of the Canal Zone Government, or a legally licensed hospital, or to or for the use of a nonprofit blood bank, artery bank, eye bank, or other therapeutic service operated by an agency approved under regulations established pursuant to section 911 of Title 2, either for use as the institution, university, college, the health director, hospital or agency may see fit, or for use as expressly designated in the will; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>community property to the extent provided by sections 521 and 522 of this title.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The estate not disposed of by will is succeeded to as provided by chapters 31 and 33 of this title.</continuation> </section> <section> <num value="3">§ 3. </num> <heading>Effect of duress, menace, fraud or undue influence</heading> <content>A will, or part of a will, procured by duress, menace, fraud, or undue influence, may be denied probate; and a revocation, procured by the same means, may be declared void.</content> </section> <section> <num value="4">§ 4. </num> <heading>Conjoint or mutual will</heading> <content>A conjoint or mutual will is valid, but may be revoked by any of the testators in like manner as any other will.</content> </section> <page identifier="/us/stat/76a/560">560</page> <section> <num value="5">§ 5. </num> <heading>Republication by codicil</heading> <content>The execution of a codicil referring to a previous will republishes the will as modified by the codicil.</content> </section> <section> <num value="6">§ 6. </num> <heading>Bequest for charitable uses</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content> <p class="indent0 firstIndent1 fontsize10">A bequest or legacy to a charitable or benevolent society or corporation, or to a person, in trust for charitable uses, is not valid unless the will is duly executed at least 30 days before the death of the testator.</p> <p class="indent0 firstIndent1 fontsize10">If the testator has legal heirs, the charitable bequests may not exceed one third of his estate; if their aggregate amount is more, they shall be reduced pro rata to one third of the estate.</p> <p class="indent0 firstIndent1 fontsize10">Testamentary dispositions contrary to this section are void and the property shall go to the residuary legatee, next of kin, or heirs, according to law.</p> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>This section does not apply to bequests or devises made by will executed at least six months prior to the death of a testator, if:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>he leaves no parent, spouse, child, or grandchild; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>his parents, spouse, children, and grandchildren waived the restriction in this section by a writing executed at least six months before his death.</content> </paragraph> </subsection> </section> </chapter> <chapter> <num value="3">CHAPTER 3—</num><heading>EXECUTION OF WILLS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>41.</designator> <label>Execution of written will; attestation.</label></referenceItem> <referenceItem role="section"><designator>42.</designator> <label>Devises and bequests to subscribing witnesses.</label></referenceItem> <referenceItem role="section"><designator>43.</designator> <label>Creditors as competent witnesses.</label></referenceItem> <referenceItem role="section"><designator>44.</designator> <label>Holographic will.</label></referenceItem> <referenceItem role="section"><designator>45.</designator> <label>Nuncupative will; persons who may make; witnesses; property disposable.</label></referenceItem> <referenceItem role="section"><designator>46.</designator> <label>Will made outside the Canal Zone.</label></referenceItem> <referenceItem role="section"><designator>47.</designator> <label>Will made in Canal Zone by citizen of another State or country.</label></referenceItem> <referenceItem role="section"><designator>48.</designator> <label>Construction of chapter.</label></referenceItem> </toc> <section> <num value="41">§ 41. </num> <heading>Execution of written will; attestation</heading> <chapeau>A will, other than a nuncupative will, shall be in writing, and a will other than a holographic will, and a nuncupative will, shall be executed and attested as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>it shall be subscribed at the end thereof to the testator himself, or by another person in his presence and by his direction; and a person who subscribes the testator’s name, by his direction, shall write his own name as a witness to the will, but a failure to do so does not affect the validity of the will;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the subscription shall be made, or the testator shall acknowledge it to have been made by him or by his authority, in the presence of both of the attesting witnesses, present at the same time;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>at the time of subscribing or acknowledging the instrument, the testator shall declare to the attesting witnesses that it is his will;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>there shall be at least two attesting witnesses, each of whom shall sign the instrument as a witness, at the end of the will, at the testator’s request and in his presence; and the witnesses shall give their places of residence, but a failure to do so will not affect the validity of the will.</content> </paragraph> </section> <section> <num value="42">§ 42. </num> <heading>Devises and bequests to subscribing witnesses</heading> <content>Beneficial devises, bequests and legacies to a subscribing witness are void, unless there are two other competent and disinterested subscribing witnesses to the will, except that if the interested witness would be entitled to a share of the estate of the testator in case the will were not established, he shall take such proportion of the devise or bequest made to him in the will as does not exceed the share of the estate which would be distributed to him if the will were not established.</content> </section> <page identifier="/us/stat/76a/561">561</page> <section> <num value="43">§ 43. </num> <heading>Creditors as competent witnesses</heading> <content>A mere charge on the estate of the testator for the payment of debts does not prevent his creditors from being competent witnesses to his will.</content> </section> <section> <num value="44">§ 44. </num> <heading>Holographic will</heading> <content>A holographic will is one that is entirely written, dated, and signed by the testator himself. It is subject to no other form, and may be made in or out of the Canal Zone, and need not be witnessed. An address, date or other matter written, printed or stamped upon the document, which is not incorporated in the provisions that are in the handwriting of the decedent, may not be considered as a part of the will.</content> </section> <section> <num value="45">§ 45. </num> <heading>Nuncupative will; persons who may make; witnesses; property disposable</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A nuncupative will is not required to be in writing, nor to be declared or attested with any formalities. It may be made orally by a person who, at the time of making, is in:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>actual military service in the field, or doing duty on shipboard at sea, and in either case in actual contemplation, fear, or peril of death; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>expectation of immediate death from an injury received the same day.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A nuncupative will shall be proved by two witnesses who were present at the making thereof, at least one of whom was asked by the testator, at the time, to bear witness that it was his will, or to that effect.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>A nuncupative will may dispose of personal property only, and the estate bequeathed may not exceed $1,000 in value.</content> </subsection> </section> <section> <num value="46">§ 46. </num> <heading>Will made outside the Canal Zone</heading> <content>A will made outside the Canal Zone which might be proved and allowed by the laws of the State or country in which it was made, may be proved, allowed, and recorded in the Canal Zone, and has the same effect as if executed according to the laws of the Canal Zone.</content> </section> <section> <num value="47">§ 47. </num> <heading>Will made in Canal Zone by citizen of another State or country</heading> <chapeau>A will made within the Canal Zone by a citizen or subject of another State or country, which:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>is executed in accordance with the law of the State or country of which he is a citizen or subject; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>might be proved and allowed by the law of that State or country—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">may be proved, allowed, and recorded in the Canal Zone, and has the same effect as if executed according to the laws of the Canal Zone.</continuation> </section> <section> <num value="48">§ 48. </num> <heading>Construction of chapter</heading> <content>This chapter does not impair the validity of the execution of a will made before January 2, 1963.</content> </section> </chapter> <page identifier="/us/stat/76a/562">562</page> <chapter> <num value="5">CHAPTER 5—</num><heading>REVOCATION OF WILLS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>81.</designator> <label>Revocation of written will; duplicate will.</label></referenceItem> <referenceItem role="section"><designator>82.</designator> <label>Revocation by subsequent will.</label></referenceItem> <referenceItem role="section"><designator>83.</designator> <label>Effect on prior will of revocation of subsequent will.</label></referenceItem> <referenceItem role="section"><designator>84.</designator> <label>Revocation by marriage.</label></referenceItem> <referenceItem role="section"><designator>85.</designator> <label>Revocation by marriage and birth of issue or adoption of children.</label></referenceItem> <referenceItem role="section"><designator>86.</designator> <label>Instrument altering interest in property previously disposed of by will.</label></referenceItem> <referenceItem role="section"><designator>87.</designator> <label>Contract for sale or transfer of property previously disposed of by will.</label></referenceItem> <referenceItem role="section"><designator>88.</designator> <label>Mortgage or transfer of property previously disposed of by will.</label></referenceItem> <referenceItem role="section"><designator>89.</designator> <label>Revocation of codicils.</label></referenceItem> <referenceItem role="section"><designator>90.</designator> <label>Construction of chapter.</label></referenceItem> </toc> <section> <num value="81">§ 81. </num> <heading>Revocation of written will; duplicate will</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Except as provided in this chapter, a written will, or any part thereof, may be revoked or altered only by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a written will, or other writing of the testator, declaring the revocation or alteration, and executed with the same formalities required for the execution of a will; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>being burned, torn, cancelled, defaced, obliterated, or destroyed, with the intent and for the purpose of revoking it, by the testator himself, or by another person in his presence and by his direction; and if the act is done by a person other than the testator, the direction of the testator, and the fact of the injury or destruction, shall be proved by two witnesses.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A will executed in duplicate is revoked if one of the duplicates is burned, torn, cancelled, defaced, obliterated, or destroyed under the circumstances specified by subsection (a) (2) of this section.</content> </subsection> </section> <section> <num value="82">§ 82. </num> <heading>Revocation by subsequent will</heading> <content>A will is not revoked by a subsequent will, unless the latter contains an express revocation, or provisions wholly inconsistent with the terms of the prior will. In other cases the prior will remains effectual as far as consistent with the provisions of the subsequent will; but the mere naming of an executor in the prior will need not be given effect by the court when the subsequent will is otherwise wholly inconsistent with the terms of the prior will, the intention of the testator in this respect being left to the determination of the court.</content> </section> <section> <num value="83">§ 83. </num> <heading>Effect on prior will of revocation of subsequent will</heading> <chapeau>If, after making a will, the testator makes a second will, the destruction or other revocation of the second will does not revive the first will, unless:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>it appears by the terms of the revocation that it was the intention to revive and give effect to the first will; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>after the destruction or other revocation, the first will is duly republished.</content> </paragraph> </section> <section> <num value="84">§ 84. </num> <heading>Revocation by marriage</heading> <chapeau>If a person marries after making a will, and the spouse survives the maker, the will is revoked as to the spouse, unless:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>provision has been made for the spouse by marriage contract; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the spouse is provided for in the will, or in such way mentioned therein as to show an intention not to make such provision.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Other evidence to rebut the presumption of revocation may not be received.</continuation> </section> <section> <num value="85">§ 85. </num> <heading>Revocation by marriage and birth of issue or adoption of children</heading> <chapeau>If a person marries after making a will and has issue of the marriage, or marries after making a will and, with his or her spouse, legally adopts a child or children, and any of the issue of the marriage,<page identifier="/us/stat/76a/563">563</page> or of the children so adopted, survive the maker, or any of the issue of the marriage is born after the maker’s death, the will is revoked as to the issue or adopted children so surviving, or as to the issue so born, unless:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>provision has been made for the issue or adopted child or children by some settlement; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the issue or adopted child or children are provided for in the will, or in such way mentioned therein as to show an intention not to make such provision.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Other evidence to rebut the presumption of revocation may not be received.</continuation> </section> <section> <num value="86">§ 86. </num> <heading>Instrument altering interest in property previously disposed of by will</heading> <content>If the instrument by which an alteration is made in the testator’s interest in any property previously disposed of by his will expresses his intent that it shall be a revocation, or if it contains provisions wholly inconsistent with the terms and nature of the testamentary disposition, it operates as a revocation thereof, unless the inconsistent provisions depend on a condition or contingency by reason of which they do not take effect.</content> </section> <section> <num value="87">§ 87. </num> <heading>Contract for sale or transfer of property previously disposed of by will</heading> <content>An agreement made by a testator for the sale or transfer of property disposed of by a will previously made does not revoke the disposal. The property passes by the will, subject to the same remedies on the testator’s agreement, for a specific performance or otherwise, against the legatees, as might be had against the testator’s successors, if the property had passed by succession.</content> </section> <section> <num value="88">§ 88. </num> <heading>Mortgage or transfer of property previously disposed of by will</heading> <chapeau>A testamentary disposal of property is not revoked by a subsequent:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>charge or encumbrance placed by the testator upon the property to secure the payment of money or the performance of a covenant or agreement; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>transfer, settlement, or other act of the testator by which his interest in the property is altered but not wholly divested.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Subject to the charge or encumbrance, the property, or the remaining interest therein, passes by the will.</continuation> </section> <section> <num value="89">§ 89. </num> <heading>Revocation of codicils</heading> <content>The revocation of a will revokes all its codicils.</content> </section> <section> <num value="90">§ 90. </num> <heading>Construction of chapter</heading> <content>This chapter applies to wills made by a testator living at the expiration of one year after January 2, 1963.</content> </section> </chapter> <chapter> <num value="7">CHAPTER 7—</num><heading>KINDRED NOT MENTIONED IN WILL; DEATH OF LEGATEES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>121.</designator> <label>Children and grandchildren omitted in will.</label></referenceItem> <referenceItem role="section"><designator>122.</designator> <label>Same; sources of share; apportionment.</label></referenceItem> <referenceItem role="section"><designator>123.</designator> <label>Distribution in case of prior death of legatee.</label></referenceItem> </toc> <section> <num value="121">§ 121. </num> <heading>Children and grandchildren omitted in will</heading> <content>When a testator omits to provide in his will for any of his children, or for the issue of a deceased child, whether born before or after the making of the will or before or after the testator’s death, and the child or issue are unprovided for by a settlement, and have not had an equal proportion of the testator’s property bestowed on them by way of<page identifier="/us/stat/76a/564">564</page> advancement, unless it appears from the will that the omission was intentional, the omitted child or issue succeed to the same share in the estate of the testator as if he had died intestate.</content> </section> <section> <num value="122">§ 122. </num> <heading>Same; sources of share; apportionment</heading> <content>The share of the estate which is assigned to a child or issue omitted in the will, as provided by section 121 of this title, shall first be taken from the estate not disposed of by will, if any. If that is not sufficient, as much as may be necessary shall be taken from all the legatees, in proportion to the value they may respectively receive under the will, unless the obvious intention of the testator in relation to a specific bequest, or other provision in the will, would thereby be defeated. In such a case, the specific legacy or provision may be exempted from the apportionment, and a different apportionment, consistent with the intention of the testator, may be adopted.</content> </section> <section> <num value="123">§ 123. </num> <heading>Distribution in case of prior death of legatee</heading> <chapeau>If a legatee dies before the testator, the testamentary disposition to him fails, unless:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an intention appears to substitute another person in his place; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the bequest is to any kindred of the testator, and the legatee leaves lineal descendants, or is dead at the time the will is executed, but leaves lineal descendants surviving the testator.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The descendants referred to in paragraph (2) of this section take the estate so given by the will in the same manner as the legatee would have done had he survived the testator.</continuation> </section> </chapter> <chapter> <num value="9">CHAPTER 9—</num><heading>INTERPRETATION OF WILLS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>151.</designator> <label>Rules of interpretation.</label></referenceItem> <referenceItem role="section"><designator>152.</designator> <label>Several testamentary instruments; intent.</label></referenceItem> <referenceItem role="section"><designator>153.</designator> <label>Every expression to be given some effect; avoidance of intestacy.</label></referenceItem> <referenceItem role="section"><designator>154.</designator> <label>Ambiguity and doubts; construction as a whole; irreconcilable parts.</label></referenceItem> <referenceItem role="section"><designator>155.</designator> <label>Clear bequest; effect of reasons or other parts of will.</label></referenceItem> <referenceItem role="section"><designator>156.</designator> <label>Ascertainment of intention.</label></referenceItem> <referenceItem role="section"><designator>157.</designator> <label>Ordinary sense of words; technical words.</label></referenceItem> <referenceItem role="section"><designator>158.</designator> <label>Words of donation or of limitation; disposition to heirs, etc.</label></referenceItem> </toc> <section> <num value="151">§ 151. </num> <heading>Rules of interpretation</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Except as provided by subsection (b) of this section, in interpreting a will subject to the law of the Canal Zone, the rules prescribed by this chapter and chapters 11 and 13 and section 1981 of this title shall be observed, unless an intention to the contrary clearly appears.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>With respect to the interpretation of wills executed before January 2, 1963, the rules prescribed by the laws in force when the wills were executed govern.</content> </subsection> </section> <section> <num value="152">§ 152. </num> <heading>Several testamentary instruments; intent</heading> <content>Several testamentary instruments, executed by the same testator, shall be taken and construed together as one instrument. A will shall be construed according to the intention of the testator. Where his intention cannot have effect to its full extent, it shall have effect as far as possible.</content> </section> <section> <num value="153">§ 153. </num> <heading>Every expression to be given some effect; avoidance of intestacy</heading> <content>The words of a will shall receive an interpretation which will give to every expression an effect, rather than one which will render any of the expressions inoperative. Of two modes of interpreting a will, that shall be preferred which will prevent a total intestacy.</content> </section> <page identifier="/us/stat/76a/565">565</page> <section> <num value="154">§ 154. </num> <heading>Ambiguity and doubts; construction as a whole; irreconcilable parts</heading> <content>Where the meaning of a part of a will is ambiguous or doubtful, it may be explained by any reference thereto, or a recital thereof, in another part of the will. All the parts of a will shall be construed in relation to each other, and so as, if possible, to form one consistent whole; but where several parts are absolutely irreconcilable the latter prevails.</content> </section> <section> <num value="155">§ 155. </num> <heading>Clear bequest; effect of reasons or other parts of will</heading> <chapeau>A clear and distinct bequest is not affected by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>reasons assigned therefor;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>other words not equally clear and distinct;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>inference or argument from other parts of the will; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>an inaccurate recital of or reference to its contents in another part of the will.</content> </paragraph> </section> <section> <num value="156">§ 156. </num> <heading>Ascertainment of intention</heading> <content>In case of uncertainty arising from the face of the will, as to the application of any of its provisions, the testator’s intention shall be ascertained from the words of the will, taking into view the circumstances under which it was made, exclusive of his oral declarations.</content> </section> <section> <num value="157">§ 157. </num> <heading>Ordinary sense of words; technical words</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The words of a will shall be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Technical words are not necessary to give effect to any species of disposition by a will; but technical words in a will shall be taken in their technical sense, unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that the will was drawn solely by the testator, and that he was unacquainted with their technical sense.</content> </subsection> </section> <section> <num value="158">§ 158. </num> <heading>Words of donation or of limitation; disposition to heirs, etc.</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A testamentary disposition to “heirs”, “relations”, “nearest relations”, “representatives”, “legal representatives”, “personal representatives”, “family”, “issue”, “descendants”, “nearest” or “next of kin” of a person, without other words of qualification, and when the terms are used as words of donation, and not of limitation, vests the property in those who would be entitled to succeed to the property of that person, according to the provisions of chapter 31 of this title on succession.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The terms defined by subsection (a) of this section are used as words of donation, and not of limitation, when the property is given to the person so designated, directly, and not as a qualification of an estate given to his ancestor.</content> </subsection> </section> </chapter> <chapter> <num value="11">CHAPTER 11—</num><heading>EFFECT OF CERTAIN PROVISIONS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>191.</designator> <label>Words referring to death or survivorship.</label></referenceItem> <referenceItem role="section"><designator>192.</designator> <label>Bequest to a class; after born children.</label></referenceItem> <referenceItem role="section"><designator>193.</designator> <label>Bequest of all property; power to devise.</label></referenceItem> <referenceItem role="section"><designator>194.</designator> <label>Residuary disposition.</label></referenceItem> <referenceItem role="section"><designator>195.</designator> <label>Mistakes and omissions; extrinsic evidence; oral declarations.</label></referenceItem> <referenceItem role="section"><designator>196.</designator> <label>Vesting of bequests.</label></referenceItem> <referenceItem role="section"><designator>197.</designator> <label>Plural legatees.</label></referenceItem> </toc> <page identifier="/us/stat/76a/566">566</page> <section> <num value="191">§ 191. </num> <heading>Words referring to death or survivorship</heading> <content>Words in a will referring to death or survivorship simply, relate to the time of the testator’s death, unless possession is actually postponed, when they shall be referred to the time of possession.</content> </section> <section> <num value="192">§ 192. </num> <heading>Bequest to a class; after-born children</heading> <content> <p class="indent0 firstIndent0 fontsize10">A testamentary disposition to a class includes every person answering the description at the testator’s death; but when the possession is postponed to a future period, it includes also all persons coming within the description before the time to which possession is postponed.</p> <p class="indent0 firstIndent0 fontsize10">A child conceived before, but not born until after, a testator’s death, or any other period when a disposition to a class vests in right or in possession, takes, if answering to the description of the class.</p> </content> </section> <section> <num value="193">§ 193. </num> <heading>Bequest of all property; power to devise</heading> <content>A bequest of all the testator’s property, in express terms, or in any other terms denoting such an intent, passes all the property which he was entitled to dispose of by will at the time of his death, including property embraced in a power to devise.</content> </section> <section> <num value="194">§ 194. </num> <heading>Residuary disposition</heading> <content>A bequest of the residue of the testator’s personal property passes all the personal property which he was entitled to bequeath at the time of his death, not otherwise effectually bequeathed by his will.</content> </section> <section> <num value="195">§ 195. </num> <heading>Mistakes and omissions; extrinsic evidence; oral declarations</heading> <content>When there is an imperfect description in a will, or no person or property exactly answers the description, mistakes and omissions shall be corrected, if the error appears from the context of the will or from extrinsic evidence, excluding the oral declarations of the testator as to his intentions.</content> </section> <section> <num value="196">§ 196. </num> <heading>Vesting of bequests</heading> <content>Testamentary dispositions, including bequests to a person on attaining majority, are presumed to vest at the testator’s death.</content> </section> <section> <num value="197">§ 197. </num> <heading>Plural legatees</heading> <content>A legacy given to more than one person vests in them as owners in common, unless the will otherwise provides.</content> </section> </chapter> <chapter> <num value="13">CHAPTER 13—</num><heading>CONDITIONS AND REMAINDERS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>231.</designator> <label>Death of legatee of limited interest</label></referenceItem> <referenceItem role="section"><designator>232.</designator> <label>Conditional disposition defined.</label></referenceItem> <referenceItem role="section"><designator>233.</designator> <label>Condition precedent; construction; operation.</label></referenceItem> <referenceItem role="section"><designator>234.</designator> <label>Condition subsequent; operation.</label></referenceItem> </toc> <section> <num value="231">§ 231. </num> <heading>Death of legatee of limited interest</heading> <content>The death of a legatee of a limited interest before the testator’s death does not defeat the interests of persons in remainder, who survive the testator.</content> </section> <section> <num value="232">§ 232. </num> <heading>Conditional disposition defined</heading> <content>A conditional disposition is one that depends upon the occurrence of an uncertain event, by which it is either to take effect or be defeated.</content> </section> <page identifier="/us/stat/76a/567">567</page> <section> <num value="233">§ 233. </num> <heading>Condition precedent; construction; operation</heading> <content>A condition precedent in a will is one which is required to be fulfilled before a particular disposition takes effect. It is to be deemed performed when the testator’s intention has been substantially, though not literally, complied with. Nothing vests until the condition is fulfilled, except where the fulfillment is impossible, in which case the disposition vests, unless the condition was the sole motive thereof, and the impossibility was unknown to the testator, or arose from an unavoidable event subsequent to the execution of the will.</content> </section> <section> <num value="234">§ 234. </num> <heading>Condition subsequent; operation</heading> <content> <p class="indent0 firstIndent0 fontsize10">A condition subsequent is one under which an estate or interest is so given as to vest immediately, subject only to be divested by a subsequent act or event.</p> <p class="indent0 firstIndent0 fontsize10">A testamentary disposition, when vested, may not be divested except upon the occurrence of the precise contingency prescribed by the testator for that purpose.</p> </content> </section> </chapter> <chapter> <num value="15">CHAPTER 15—</num><heading>LEGACIES AND INTEREST</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>261.</designator> <label>Nature and designations of legacies.</label></referenceItem> <referenceItem role="section"><designator>262.</designator> <label>Bequest of interest or Income; time of accrual.</label></referenceItem> <referenceItem role="section"><designator>263.</designator> <label>Time legacies due; interest; commencement of annuities.</label></referenceItem> <referenceItem role="section"><designator>264.</designator> <label>Construction of chapter.</label></referenceItem> </toc> <section> <num value="261">§ 261. </num> <heading>Nature and designations of legacies</heading> <chapeau>Legacies are distinguished and designated, according to their nature, as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>A legacy of a particular thing, specified and distinguished from all others of the same kind belonging to the testator, is specific; if the legacy fails, resort may not be had to the other property of the testator.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>A legacy is demonstrative when the particular fund or personal property is pointed out from which it is to be taken or paid; if the fund or property fails, in whole or in part, resort may be had to the general assets, as in case of a general legacy.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>An annuity is a bequest of certain specified sums periodically. If the fund or property out of which they are payable fails, resort may be had to the general assets, as in case of a general legacy.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(4) </num> <content>A residuary legacy embraces only that which remains after all the bequests of the win are discharged.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>All other legacies are general legacies.</content> </paragraph> </section> <section> <num value="262">§ 262. </num> <heading>Bequest of interest or income; time of accrual</heading> <content>In case of a bequest of the interest or income of a certain sum or fund, the income accrues from the testator’s death.</content> </section> <section> <num value="263">§ 263. </num> <heading>Time legacies due; interest; commencement of annuities</heading> <content>Legacies are due and deliverable one year after the testator’s death, and bear interest from that time, except that legacies for maintenance, or to the testator’s widow, bear interest from the testator’s death. Annuities commence at the testator’s death.</content> </section> <section> <num value="264">§ 264. </num> <heading>Construction of chapter</heading> <content>In all cases the provisions of this chapter are to be controlled by a testator’s express intention.</content> </section> </chapter> </part> <page identifier="/us/stat/76a/568">568</page> <part> <num class="bold" value="2">PART 2—</num><heading class="bold">SUCCESSION; ESCHEAT; SIMULTANEOUS DEATHS</heading> <toc> <headingItem> <designator><inline class="smallCaps">Chapter</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>31.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Succession Generally</inline></label> <target>501</target></referenceItem> <referenceItem role="chapter"><designator>33.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Escheat</inline></label> <target>611</target></referenceItem> <referenceItem role="chapter"><designator>35.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Simultaneous Deaths</inline></label> <target>651</target></referenceItem> </toc> <chapter> <num value="31">CHAPTER 31—</num><heading>SUCCESSION GENERALLY</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>501.</designator> <label>Succession defined.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">community property</inline></label></referenceItem> <referenceItem role="section"><designator>521.</designator> <label>Title of surviving spouse; portion subject to testamentary disposition or succession.</label></referenceItem> <referenceItem role="section"><designator>522.</designator> <label>Community property subject to administration; exception; husband’s control after death of wife.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">separate property</inline></label></referenceItem> <referenceItem role="section"><designator>541.</designator> <label>Succession controlled by contract and Code.</label></referenceItem> <referenceItem role="section"><designator>542.</designator> <label>Distribution to surviving spouse and issue.</label></referenceItem> <referenceItem role="section"><designator>543.</designator> <label>Distribution to issue where no surviving spouse.</label></referenceItem> <referenceItem role="section"><designator>544.</designator> <label>Distribution where no issue.</label></referenceItem> <referenceItem role="section"><designator>545.</designator> <label>Distribution to surviving spouse where no issue or immediate relatives.</label></referenceItem> <referenceItem role="section"><designator>546.</designator> <label>Distribution to immediate family where neither issue nor spouse.</label></referenceItem> <referenceItem role="section"><designator>547.</designator> <label>Distribution to next of kin where no spouse, issue or immediate family.</label></referenceItem> <referenceItem role="section"><designator>548.</designator> <label>Unmarried minor decedent.</label></referenceItem> <referenceItem role="section"><designator>549.</designator> <label>Distribution of common property acquired from predeceased spouse where no surviving spouse or issue.</label></referenceItem> <referenceItem role="section"><designator>550.</designator> <label>Distribution of former separate property of predeceased spouse where no surviving spouse or issue.</label></referenceItem> <referenceItem role="section"><designator>551.</designator> <label>Distribution to next of kin of property acquired from predeceased spouse.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">miscellaneous provisions</inline></label></referenceItem> <referenceItem role="section"><designator>571.</designator> <label>Succession by right of representation; posthumous child.</label></referenceItem> <referenceItem role="section"><designator>572.</designator> <label>Determination of degree of kindred.</label></referenceItem> <referenceItem role="section"><designator>573.</designator> <label>Lineal consanguinity; division.</label></referenceItem> <referenceItem role="section"><designator>574.</designator> <label>Collateral consanguinity.</label></referenceItem> <referenceItem role="section"><designator>575.</designator> <label>Inheritance rights of kindred of the half blood.</label></referenceItem> <referenceItem role="section"><designator>576.</designator> <label>Inheritance rights of illegitimate children; limitations.</label></referenceItem> <referenceItem role="section"><designator>577.</designator> <label>Succession to estate of illegitimate child.</label></referenceItem> <referenceItem role="section"><designator>578.</designator> <label>Inheritance rights of adopted children; restriction.</label></referenceItem> <referenceItem role="section"><designator>579.</designator> <label>Person convicted of murder or voluntary manslaughter of decedent.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="501">§ 501. </num> <heading>Succession defined</heading> <content>Succession is the acquisition of title to the property of one who dies without disposing of it by will.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Community Property</heading> <section> <num value="521">§ 521. </num> <heading>Title of surviving spouse; portion subject to testamentary disposition or succession</heading> <content>Upon the death of either husband or wife, one-half of the community property belongs to the surviving spouse. The other half is subject to the testamentary disposition of the decedent, and in the absence thereof goes to the surviving spouse, subject to section 522 of this title.</content> </section> <section> <num value="522">§ 522. </num> <heading>Community property subject to administration; exception; husband’s control after death of wife</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Community property passing from the control of the husband by reason of his death is subject to administration, his debts, family allowance, and the charges and expenses of administration.</content> <page identifier="/us/stat/76a/569">569</page> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Upon the death of the husband, his clothing and the household effects not exceeding $2,500 in value go to the surviving wife without administration, and are not subject to the debts and allowance referred to in subsection (a) of this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Community property passing from the control of the husband by virtue of testamentary disposition by the wife is subject to administration, his debts, and the charges and expenses of administration, but the husband, pending administration, shall retain the same power to sell, manage and deal with the community personal property as he had in her lifetime; and his possession and control of the community property may not be transferred to the personal representative of the wife, except to the extent necessary to carry her will into effect.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Separate Property</heading> <section> <num value="541">§ 541. </num> <heading>Succession controlled by contract and Code</heading> <content>The separate property of a person who dies without disposing of it by will is succeeded to and shall be distributed as provided by this Part and Part 3 of this title, subject to the limitation of a marriage or other contract, and to this title.</content> </section> <section> <num value="542">§ 542. </num> <heading>Distribution to surviving spouse and issue</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If the decedent leaves a surviving spouse and only one child or the lawful issue of a deceased child, the estate goes one-half to the surviving spouse and one-half to the child or issue.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>If the decedent leaves a surviving spouse, and:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>more than one child living; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>one child living and the lawful issue of one or more deceased children; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the lawful issue of two or more deceased children—</content> </paragraph> </subsection> <continuation class="indent0 firstIndent1 fontsize10">the estate goes one-third to the surviving spouse and the remainder in equal shares to the children, if living, and to the lawful issue of any deceased child, by right of representation.</continuation> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If the decedent does not leave a child living at his death, the remainder goes to all his lineal descendants; and if all the descendants are in the same degree of kindred to the decedent, they share equally; otherwise, they take by right of representation.</content> </subsection> </section> <section> <num value="543">§ 543. </num> <heading>Distribution to issue where no surviving spouse</heading> <content>If the decedent does not leave a surviving spouse, but leaves issue, the whole estate goes to the issue. If all the descendants are in the same degree of kindred to the decedent, they share equally; otherwise, they take by right of representation.</content> </section> <section> <num value="544">§ 544. </num> <heading>Distribution where no issue</heading> <content>If the decedent does not leave issue, the estate goes one-half to the surviving spouse, and the other half to the decedent’s parents in equal shares, and if either is dead the whole of half goes to the other. If there are no parents, one-half goes in equal shares to the brothers and sisters of the decedent and to the children or grandchildren of deceased brothers or sisters by right of representation.</content> </section> <section> <num value="545">§ 545. </num> <heading>Distribution to surviving spouse where no issue or immediate relatives</heading> <content>If the decedent leaves a surviving spouse and neither issue, parent, brother, sister, nor the children or grandchildren of a deceased brother or sister, the whole estate goes to the surviving spouse.</content> </section> <page identifier="/us/stat/76a/570">570</page> <section> <num value="546">§ 546. </num> <heading>Distribution to immediate family where neither issue nor spouse</heading> <content>If the decedent does not leave issue or a surviving spouse, the estate goes to his parents in equal shares, or if either is dead to the survivor, or if both are dead, in equal shares to the brothers and sisters of the decedent and to children or grandchildren of deceased brothers or sisters, by right of representation.</content> </section> <section> <num value="547">§ 547. </num> <heading>Distribution to next of kin where no spouse, issue or immediate family</heading> <content>If the decedent does not leave either issue, spouse, father, mother, brother, or sister, the estate goes to the next of kin, in equal degree, excepting that, when there are two or more collateral kindred, in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor are preferred to those claiming through an ancestor more remote.</content> </section> <section> <num value="548">§ 548. </num> <heading>Unmarried minor decedent</heading> <content>If a decedent dies under age without having been married, all the estate that came to him by succession from a parent goes in equal shares to the other children of the same parent, and by right of representation to the issue of any of the children who are dead; or if all the children of the parent are dead and any of them has left issue, to the issue. If all the issue are in the same degree of kindred to the decedent, they share equally; otherwise, they take by right of representation.</content> </section> <section> <num value="549">§ 549. </num> <heading>Distribution of common property acquired from predeceased spouse where no surviving spouse or issue</heading> <content> <p class="indent0 firstIndent0 fontsize10">If the decedent does not leave spouse or issue and the estate or any portion thereof was common property of the decedent and a previously deceased spouse while the spouse was living, the property goes in equal shares to the children of the deceased spouse and their descendants by right of representation.</p> <p class="indent0 firstIndent0 fontsize10">If there are no children of the deceased spouse, one-half of the common property goes to the parents of the decedent in equal shares, or if either is dead to the survivor, or if both are dead, in equal shares to the brothers and sisters of the decedent and their descendants by right of representation; and the other half goes to the parents of the deceased spouse, in equal shares, or if either is dead to the survivor, or if both are dead, then in equal shares to the brothers and sisters of the deceased spouse and their descendants by right of representation.</p> </content> </section> <section> <num value="550">§ 550. </num> <heading>Distribution of former separate property of predeceased spouse where no surviving spouse or issue</heading> <content>If the estate of a decedent, or any portion thereof, was separate property of a deceased spouse while living, and came to the decedent from the spouse by descent or bequest, the property goes in equal shares to the children of the spouse and their descendants by right of representation; and if none, then to the parents of the spouse, in equal shares, or if either is dead to the survivor, or if both are dead, then in equal shares to the brothers and sisters of the spouse and their descendants by right of representation.</content> </section> <section> <num value="551">§ 551. </num> <heading>Distribution to next of kin of property acquired from predeceased spouse</heading> <content>If there is no one to succeed to a portion of the property in any of the contingencies provided for by sections 549 and 550 of this title, according to the provisions of those sections, that portion goes to the next of kin of the decedent in the manner provided for by section 547 of this title.</content> </section> </subchapter> <page identifier="/us/stat/76a/571">571</page> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Miscellaneous Provisions</heading> <section> <num value="571">§ 571. </num> <heading>Succession by right of representation; posthumous child</heading> <content>Inheritance or succession “by right of representation” takes place when the descendants of a deceased person take the same share or right in the estate of another person that the deceased person would have taken as an heir if living. A posthumous child is considered as living at the death of the parent.</content> </section> <section> <num value="572">§ 572. </num> <heading>Determination of degree of kindred</heading> <content>The degree of kindred is established by the number of generations, and each generation is called a degree.</content> </section> <section> <num value="573">§ 573. </num> <heading>Lineal consanguinity; division</heading> <content>Lineal consanguinity, or the direct line of consanguinity, is the relationship between persons one of whom is a descendant of the other. The direct line is divided into a direct line descending, which connects a person with those who descend from him, and a direct line ascending, which connects a person with those from whom he descends. In the direct line there are as many degrees as there are generations. Thus, the child is, with regard to the parent, in the first degree; the grandchild, with regard to the grandparent, in the second; and vice versa as to the parents and grandparents with regard to their respective children and grandchildren.</content> </section> <section> <num value="574">§ 574. </num> <heading>Collateral consanguinity</heading> <content>Collateral consanguinity is the relationship between persons who spring from a common ancestor, but are not m direct line. The degree is established by counting the generations, from one relative up to the common ancestor, and from the common ancestor to the other relative. In the computation the first relative is excluded, the other included, and the ancestor counted but once. Thus, brothers are related in the second degree, uncle and nephew in the third degree, cousins-german in the fourth, and so on.</content> </section> <section> <num value="575">§ 575. </num> <heading>Inheritance rights of kindred of the half blood</heading> <content>Kindred of the half blood inherit equally with those of the whole blood in the same degree, unless the inheritance came to the intestate by descent or gift of one of his ancestors, in which case all those who are not of the blood of the ancestor are excluded from the inheritance in favor of those who are.</content> </section> <section> <num value="576">§ 576. </num> <heading>Inheritance rights of illegitimate children; limitations</heading> <content>An illegitimate child is an heir of the person who, in writing, signed in the presence of a competent witness, acknowledges himself to be the father of the child; and in all cases is an heir of his mother; and inherits his or her estate, in whole or in part, as the case may be, in the same manner as if he had been born in lawful wedlock; but he does not represent his father or mother by inheriting any part of the estate of his or her kindred, either lineal or collateral, unless, before his death, his parents have intermarried, and his father, after the marriage, acknowledges him as his child, or adopts him into his family; m which case the child and all the legitimate children are considered brothers and sisters, and on the death of either of them, intestate, and without issue, the others inherit his estate, and are heirs, as hereinbefore provided, in like manner as if all the children had been legitimate; saving to the father and mother, respectively, their rights in the estates of all the children in like manner as if all had been legitimate. The issue of all marriages null in law, or dissolved by divorce, are legitimate.</content> </section> <page identifier="/us/stat/76a/572">572</page> <section> <num value="577">§ 577. </num> <heading>Succession to estate of illegitimate child</heading> <content>The estate of an illegitimate child, who, having title to an estate not otherwise limited by marriage contract, dies without disposing thereof by will, is succeeded to as if he had been born in lawful wedlock if he has been legitimated by a subsequent marriage of his parents, or adopted by his father as provided by section 387 of Title 8; otherwise, the estate is succeeded to as if the child had been born in lawful wedlock and had survived his father and all persons related to him only through his father.</content> </section> <section> <num value="578">§ 578. </num> <heading>Inheritance rights of adopted children; restriction</heading> <content>An adopted child is a descendant of one who has adopted him, the same as a natural child, for all purposes of succession by, from or through the adopting parent, the same as a natural parent. An adopted child does not succeed to the estate of a natural parent when the relationship between them has been severed by adoption, nor does the natural parent succeed to the estate of the adopted child, nor does the adopted child succeed to the estate of a relative of the natural parent, nor does any relative of the natural parent succeed to the estate of an adopted child.</content> </section> <section> <num value="579">§ 579. </num> <heading>Person convicted of murder or voluntary manslaughter of decedent</heading> <content>A person who has been convicted of the murder or voluntary manslaughter of the decedent is not entitled to succeed to any portion of his estate; but the portion thereof to which he would otherwise be entitled to succeed descends to the other persons entitled thereto under this chapter.</content> </section> </subchapter> </chapter> <chapter> <num value="33">CHAPTER 33—</num><heading>ESCHEAT</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>611.</designator> <label>When property escheats.</label></referenceItem> <referenceItem role="section"><designator>612.</designator> <label>Action to determine right of United States to escheated property.</label></referenceItem> <referenceItem role="section"><designator>613.</designator> <label>Description of property.</label></referenceItem> <referenceItem role="section"><designator>614.</designator> <label>Order requiring interested parties to appear.</label></referenceItem> <referenceItem role="section"><designator>615.</designator> <label>Custody of property.</label></referenceItem> <referenceItem role="section"><designator>616.</designator> <label>Joinder of parties and fictions.</label></referenceItem> <referenceItem role="section"><designator>617.</designator> <label>Appearance, pleadings, and Judgment.</label></referenceItem> <referenceItem role="section"><designator>618.</designator> <label>Claim to escheated property; procedure, hearing and determination; limitation.</label></referenceItem> <referenceItem role="section"><designator>619.</designator> <label>Disposition of proceeds.</label></referenceItem> </toc> <section> <num value="611">§ 611. </num> <heading>When property escheats</heading> <content>If an intestate decedent does not leave a spouse or kindred, and there are no heirs to take his estate or any portion thereof, under section 549, 550 or 551 of this title, or if a person dies leaving any property in his estate not disposed of by will, and there are no persons entitled to succeed thereto under the laws of the Canal Zone, the property escheats to the United States.</content> </section> <section> <num value="612">§ 612. </num> <heading>Action to determine right of United States to escheated property</heading> <content>When the United States attorney is informed that an estate has escheated or is about to escheat to the United States or that the property involved in an action or special proceeding has escheated or is about to escheat to the United States, he may commence an action on behalf of the United States to determine its rights to the property or may intervene on its behalf in an action or special proceeding affecting any such estate and contest the rights of claimants thereto. The action shall be commenced by filing a petition in the district court.</content> </section> <page identifier="/us/stat/76a/573">573</page> <section> <num value="613">§ 613. </num> <heading>Description of property</heading> <chapeau>The petition referred to in section 612 of this title shall set forth:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a description of the property;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the name of the person last possessed of the property;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the name of the person, if any, claiming the property, or any portion thereof; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the facts and circumstances by virtue of which it is claimed that the property has escheated.</content> </paragraph> </section> <section> <num value="614">§ 614. </num> <heading>Order requiring interested parties to appear</heading> <content>Upon the filing of the petition specified by section 612 of this title, the court shall order all persons interested in the estate to appear and show cause, if any there be, within 60 days from the date of the order, why the estate should not vest in the United States. The clerk of the court shall cause notice of the order to be posted in three public places in the Canal Zone for four successive weeks prior to the date set for the hearing. Upon the giving of the notice the court shall have complete jurisdiction over the estate, the property, and the person of everyone having or claiming an interest in the property, and shall have complete jurisdiction to hear and determine the issues therein, and render the appropriate judgment thereon.</content> </section> <section> <num value="615">§ 615. </num> <heading>Custody of property</heading> <content>The property in estates specified by sections 612–614 of this title shall, in the discretion of the court, be sold in the manner provided by Part 3 of this title for the sale of property of a decedent’s estate, and the proceeds deposited with the Canal Zone Government, to be held for a period of five years from the date of the judgment pursuant to section 617 of this title.</content> </section> <section> <num value="616">§ 616. </num> <heading>Joinder of parties and actions</heading> <content>In a proceeding brought by the United States attorney pursuant to this chapter any two or more causes of action may be joined in the same proceeding and in the same petition without being separately stated. It is sufficient to allege in the petition that the decedent left no heirs to take the estate; and the failure of the heirs to appear and set up their claims in the proceeding, or in any proceeding for the administration of the estate, is sufficient proof upon which to base the judgment in the proceeding or the decree of distribution.</content> </section> <section> <num value="617">§ 617. </num> <heading>Appearance, pleadings, and judgment</heading> <content> <p class="indent0 firstIndent0 fontsize10">Persons named in the petition specified by section 612 of this title may appear and answer, and traverse or deny the facts stated therein at any time before the time for answering expires. Any other person claiming an interest in the estate may appear and be made a defendant, by motion for that purpose in open court within the time allowed for answering. If no person appears and answers within the time, judgment shall be rendered that the United States is the owner of the property claimed in the petition.</p> <p class="indent0 firstIndent0 fontsize10">If a person appears and denies the title set up by the United States, or traverses a material fact set forth in the petition, the issue of fact shall be tried as issues of fact are tried in civil actions.</p> <p class="indent0 firstIndent0 fontsize10">If, after the issues are tried, it appears from the facts found or admitted that the United States has good title to the property in the petition mentioned, or any part thereof, judgment shall be rendered that the United States is the owner and entitled to the possession thereof.</p> </content> <page identifier="/us/stat/76a/574">574</page> </section> <section> <num value="618">§ 618. </num> <heading>Claim to escheated property; procedure, hearing and determination; limitation</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Within five years after judgment in a proceeding had under this chapter, a person not a party or privy to the proceeding may file a verified petition in the district court, showing his claim or right to the property, or the proceeds thereof.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>The petition specified by subsection (a) of this section, among other things, shall state:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the full name and the place and date of birth of the decedent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>whether or not the decedent was ever married, and, if so, where, when, and to whom;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>how, when, and where the marriage, if any, of the decedent was dissolved;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>whether or not the decedent was ever remarried, and, if so, where, when, and to whom;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the full names and the dates of birth of lineal descendants and ascendants and of all other known heirs, and the names and places of residence of all who are then surviving; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>such other information as may be required by the court.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">If for any reason the petitioner is unable to set forth any of the matters or things required by this subsection, he shall clearly state the reason in his petition.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>At least 20 days before the hearing of the petition specified by this section, a copy of the petition shall be served on the United States attorney, who shall answer it. The court shall thereupon try the issue as issues are tried in civil actions, and if it is determined that the petitioner is entitled to the property, or the proceeds thereof, the court shall order the property, if it has not been sold, to be delivered to him; or, if the property has been sold and the proceeds paid to the Canal Zone Government, the court shall order the Government to pay the proceeds to the petitioner.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>All persons who fail to appear and file their petitions within the time limited by this chapter are forever barred.</content> </subsection> </section> <section> <num value="619">§ 619. </num> <heading>Disposition of proceeds</heading> <content>If a claim to escheated property or the proceeds thereof is not filed within the time specified in section 618 of this title, the proceeds shall be covered into the Treasury of the United States as miscellaneous receipts.</content> </section> </chapter> <chapter> <num value="35">CHAPTER 35—</num><heading>SIMULTANEOUS DEATHS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>651.</designator> <label>Insufficient evidence of survivorship.</label></referenceItem> <referenceItem role="section"><designator>652.</designator> <label>Beneficiaries of another person’s disposition of property.</label></referenceItem> <referenceItem role="section"><designator>653.</designator> <label>Joint tenants.</label></referenceItem> <referenceItem role="section"><designator>654.</designator> <label>Insurance policies.</label></referenceItem> <referenceItem role="section"><designator>655.</designator> <label>Husband and wife.</label></referenceItem> <referenceItem role="section"><designator>656.</designator> <label>Chapter not retroactive.</label></referenceItem> <referenceItem role="section"><designator>657.</designator> <label>Inapplicability of chapter if decedent provides different distribution.</label></referenceItem> <referenceItem role="section"><designator>658.</designator> <label>Uniformity of interpretation.</label></referenceItem> <referenceItem role="section"><designator>659.</designator> <label>Short title.</label></referenceItem> </toc> <page identifier="/us/stat/76a/575">575</page> <section> <num value="651">§ 651. </num> <heading>Insufficient evidence of survivorship</heading> <content>Where the title to property or the devolution thereof depends upon priority of death and there is not sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this chapter.</content> </section> <section> <num value="652">§ 652. </num> <heading>Beneficiaries of another person’s disposition of property</heading> <content>Where two or more beneficiaries are designated to take successively by reason of survivorship under another person’s disposition of property and there is not sufficient evidence that these beneficiaries have died otherwise than simultaneously the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.</content> </section> <section> <num value="653">§ 653. </num> <heading>Joint tenants</heading> <content>Where there is not sufficient evidence that two joint tenants have died otherwise than simultaneously the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.</content> </section> <section> <num value="654">§ 654. </num> <heading>Insurance policies</heading> <content>Where the insured and the beneficiary in a policy of life or accident insurance have died and there is not sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.</content> </section> <section> <num value="655">§ 655. </num> <heading>Husband and wife</heading> <content>Where a husband and wife have died, leaving community property, and there is not sufficient evidence that they have died otherwise than simultaneously, one-half of all the community property shall be administered upon, distributed, or otherwise dealt with, as if the husband had survived and as if such one-half were his separate property and the other one-half thereof shall be administered upon, distributed, or otherwise dealt with, as if the wife had survived and as if such other one-half were her separate property, except as provided in section 654 of this title.</content> </section> <section> <num value="656">§ 656. </num> <heading>Chapter not retroactive</heading> <content>This chapter does not apply to the distribution of the property of a person who has died before the effective date of this Code.</content> </section> <section> <num value="657">§ 657. </num> <heading>Inapplicability of chapter if decedent provides different distribution</heading> <content>This chapter does not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this chapter.</content> </section> <section> <num value="658">§ 658. </num> <heading>Uniformity of interpretation</heading> <content>This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.</content> </section> <page identifier="/us/stat/76a/576">576</page> <section> <num value="659">§ 659. </num> <heading>Short title</heading> <content>This chapter may be cited as the Uniform Simultaneous Death Act.</content> </section> </chapter> </part> <part> <num class="bold" value="3">PART 3—</num><heading class="bold">ADMINISTRATION OF DECEDENTS’ ESTATES</heading> <toc> <headingItem> <designator><inline class="smallCaps">Chapter</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>51.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">General Provisions</inline></label> <target>901</target></referenceItem> <referenceItem role="chapter"><designator>53.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Probate of Wills</inline></label> <target>931</target></referenceItem> <referenceItem role="chapter"><designator>55.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Contests of Wills</inline></label> <target>1011</target></referenceItem> <referenceItem role="chapter"><designator>57.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Executors and Administrators; Appointment; Removal; Suspensions</inline></label> <target>1101</target></referenceItem> <referenceItem role="chapter"><designator>50.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Oaths and Bonus</inline></label> <target>1351</target></referenceItem> <referenceItem role="chapter"><designator>61.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Powers and Duties of Executors and Administrators</inline></label> <target>1411</target></referenceItem> <referenceItem role="chapter"><designator>63.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Inventory, Appraisement, and Collection of Property</inline></label> <target>1461</target></referenceItem> <referenceItem role="chapter"><designator>65.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Disposition of Estates Without Administration</inline></label> <target>1521</target></referenceItem> <referenceItem role="chapter"><designator>67.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Support of the Family</inline></label> <target>1581</target></referenceItem> <referenceItem role="chapter"><designator>69.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Claims Against the Estate</inline></label> <target>1621</target></referenceItem> <referenceItem role="chapter"><designator>71.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Resort to Assets; Sales</inline></label> <target>1701</target></referenceItem> <referenceItem role="chapter"><designator>73.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Notes, Mortgages, Conveyances and Transfers</inline></label> <target>1741</target></referenceItem> <referenceItem role="chapter"><designator>75.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Compensation and Accounting</inline></label> <target>1811</target></referenceItem> <referenceItem role="chapter"><designator>77.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Distribution and Discharge</inline></label> <target>1921</target></referenceItem> <referenceItem role="chapter"><designator>79.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Determination of Heirship</inline></label> <target>2041</target></referenceItem> <referenceItem role="chapter"><designator>81.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Partition Before Distribution</inline></label> <target>2101</target></referenceItem> <referenceItem role="chapter"><designator>83.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Public Administrator</inline></label> <target>2141</target></referenceItem> <referenceItem role="chapter"><designator>85.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Notices, Orders, and Procedure</inline></label> <target>2181</target></referenceItem> </toc> <chapter> <num value="51">CHAPTER 51—</num><heading>GENERAL PROVISIONS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>901.</designator> <label>Passage of title to decedent’s property; possession; charges.</label></referenceItem> <referenceItem role="section"><designator>902.</designator> <label>Jurisdiction and venue.</label></referenceItem> <referenceItem role="section"><designator>903.</designator> <label>Conclusiveness of order granting letters.</label></referenceItem> <referenceItem role="section"><designator>904.</designator> <label>Disqualification of judge for interest, etc.</label></referenceItem> </toc> <section> <num value="901">§ 901. </num> <heading>Passage of title to decedent’s property; possession; charges</heading> <content>When a person dies, the title to his property passes to the person to whom it is devised or bequeathed by his last will, or, in the absence of disposition by will, to the persons who succeed to his estate as provided by Part 2 of this title; but all his property is subject to the possession of the executor or administrator and to the control of the district court for the purposes of administration, sale or other disposition under the provisions of this Part, and, except as otherwise provided by this title, is chargeable with the expenses of administering his estate, the payment of his debts, and the allowance to the family.</content> </section> <section> <num value="902">§ 902. </num> <heading>Jurisdiction and venue</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Except as otherwise provided by this section, wills shall be proved and letters testamentary or of administration granted and administration of decedents’ estates had, in:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the division of the district court in which the decedent was a resident at the time of his death, wherever he may have died;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the division of the district court in which the decedent died, leaving estate therein, he not being a resident of the Canal Zone;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>any division of the district court in which the decedent leaves estate, he not being a resident of the Canal Zone at the time of his death, and having died out of the Canal Zone or without leaving estate in the division in which he died.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>In either of the cases specified by subsection (a) (3) of this section, when the estate is in more than one division, the division of the district court in which application for letters testamentary or of administration is first made has exclusive jurisdiction of the administration and settlement of the estate.</content> </subsection> <page identifier="/us/stat/76a/577">577</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>All matters of probate handled by the public administrator may be conducted in the Balboa division of the district court, regardless of the residence of the decedent or the location of the estate.</content> </subsection> </section> <section> <num value="903">§ 903. </num> <heading>Conclusiveness of order granting letters</heading> <content>An order of the district court granting letters, when it becomes final, is, in the absence of fraud in its procurement, and except when based upon the erroneous assumption of death, a conclusive determination of the jurisdiction of the court, and may not be collaterally attacked.</content> </section> <section> <num value="904">§ 904. </num> <heading>Disqualification of judge for interest, etc.</heading> <chapeau>A will may not be admitted to probate, or letters testamentary or of administration granted, before a judge who is:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>interested as next of kin to the decedent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>interested as a devisee or legatee under the will;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>named as an executor or trustee in the will;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a witness to the will; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>in any manner interested or disqualified from acting.</content> </paragraph> </section> </chapter> <chapter> <num value="53">CHAPTER 53—</num><heading>PROBATE OF WILLS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>931.</designator> <label>Custodian to deliver will to court or executor; consequences of failure.</label></referenceItem> <referenceItem role="section"><designator>932.</designator> <label>Enforcing production of wills and attendance of witnesses.</label></referenceItem> <referenceItem role="section"><designator>933.</designator> <label>Persons who may petition for probate.</label></referenceItem> <referenceItem role="section"><designator>934.</designator> <label>Executor’s renouncement of right to letters by failure to petition.</label></referenceItem> <referenceItem role="section"><designator>935.</designator> <label>Proof of nuncupative will; limitations; time for reduction to writing: notice; subsequent proceedings.</label></referenceItem> <referenceItem role="section"><designator>936.</designator> <label>Essential contents of petition for probate; defects.</label></referenceItem> <referenceItem role="section"><designator>937.</designator> <label>Notice of hearing; publication.</label></referenceItem> <referenceItem role="section"><designator>938.</designator> <label>Notice to heirs and other interested parties.</label></referenceItem> <referenceItem role="section"><designator>939.</designator> <label>Hearing proof of will and proof of service of notice.</label></referenceItem> <referenceItem role="section"><designator>940.</designator> <label>Probate of wills not contested.</label></referenceItem> <referenceItem role="section"><designator>941.</designator> <label>Probate of will detained outside Canal Zone.</label></referenceItem> <referenceItem role="section"><designator>942.</designator> <label>Holographic wills.</label></referenceItem> <referenceItem role="section"><designator>943.</designator> <label>Record of clerk upon admission to probate.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">lost or destroyed wills</inline></label></referenceItem> <referenceItem role="section"><designator>961.</designator> <label>Duty of court as to proof; notice; reduction of testimony to writing.</label></referenceItem> <referenceItem role="section"><designator>962.</designator> <label>Requisites of proof; fraud or public calamity; mentally incompetent person.</label></referenceItem> <referenceItem role="section"><designator>963.</designator> <label>Certification, recordation, and grant of letters.</label></referenceItem> <referenceItem role="section"><designator>964.</designator> <label>Restraining executor or administrator previously appointed pending petition.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">foreign wills</inline></label></referenceItem> <referenceItem role="section"><designator>981.</designator> <label>Allowance and recordation of foreign will; place.</label></referenceItem> <referenceItem role="section"><designator>982.</designator> <label>Procedure; notice.</label></referenceItem> <referenceItem role="section"><designator>983.</designator> <label>Hearing; effect of probate of foreign will.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="931">§ 931. </num> <heading>Custodian to deliver will to court or executor; consequences of failure</heading> <content>Within 30 days after being informed that the maker of a will is dead, the custodian of the will shall deliver it to the division of the district court having jurisdiction of the estate, or to the executor named in the will. Failure to do so makes the person failing responsible for all damages sustained by anyone injured thereby.</content> </section> <section> <num value="932">§ 932. </num> <heading>Enforcing production of wills and attendance of witnesses</heading> <content>The judge of the district court may at any time make and issue all necessary orders and writs to enforce the production of wills and the attendance of witnesses. If it is alleged in a petition that someone has possession of a will of a decedent, and the court is satisfied that the<page identifier="/us/stat/76a/578">578</page> allegation is correct, an order shall be issued and served upon the person alleged to have possession of the will, requiring him to produce it at a time named in the order. If he has possession of the will and neglects or refuses to produce it in obedience to the order, he may, by warrant from the court, be committed to jail and confined therein until he produces it.</content> </section> <section> <num value="933">§ 933. </num> <heading>Persons who may petition for probate</heading> <chapeau>At any time after the death of the testator, an executor, devisee, or legatee named in his will, or any other person interested in the estate, may petition the division of the court having jurisdiction to have the will proved, whether the will:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>be in writing or nuncupative;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>be in possession of the petitioner or not;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>is lost or destroyed; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>is beyond the jurisdiction of the Canal Zone.</content> </paragraph> </section> <section> <num value="934">§ 934. </num> <heading>Executor’s renouncement of right to letters by failure to petition</heading> <content>if the person named in a will as executor, for 30 days after he has knowledge of the death of a testator and that he is named as executor, fails to petition the proper division of the court for the probate of the will, and that letters testamentary be issued to him, he may be held to have renounced his right to letters, and the court may appoint any other competent person administrator, unless good cause for delay is shown.</content> </section> <section> <num value="935">§ 935. </num> <heading>Proof of nuncupative will; limitations; time for reduction to writing; notice; subsequent proceedings</heading> <chapeau>Proof of a nuncupative will may not be received unless:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the will is offered within six months after the testamentary words were spoken; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the words, or the substance thereof were reduced to writing within 30 days after they were spoken, and the writing is filed with the petition for probate thereof.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">Notice of the petition shall be given, any contest of the will made and conducted, and subsequent proceedings in administration had, as in the case of a written will.</continuation> </section> <section> <num value="936">§ 936. </num> <heading>Essential contents of petition for probate; defects</heading> <chapeau>A petition for the probate of a will shall show:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the jurisdictional facts;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>whether the person named as executor consents to act, or renounces his right to letters testamentary;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the names, ages, and residences of the heirs, legatees, and devisees of the decedent, so far as known to the petitioner;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the character and estimated value of the property of the estate; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the name of the person for whom letters testamentary or of administration with the will annexed are prayed.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">A defect of form or in the statement of jurisdictional facts actually existing does not take void the probate of a will.</continuation> </section> <section> <num value="937">§ 937. </num> <heading>Notice of hearing; publication</heading> <content>When a petition for probate of a will is filed, and the will produced, the clerk of the court shall set the petition for hearing by the court not less than 10 nor more than 30 days from the production of the will. The clerk shall publish notice of the hearing in a newspaper of general circulation in the Canal Zone. If the notice is published in a weekly newspaper, it shall appear therein on at least three different days of publication. If it is published in a newspaper published<page identifier="/us/stat/76a/579">579</page> oftener than once a week, it shall be so published that there are at least 10 days from the first to the last day of publication, both the first and the last day being included.</content> </section> <section> <num value="938">§ 938. </num> <heading>Notice to heirs and other interested parties</heading> <content>Copies of the notice of the time appointed for the probate of the will shall be addressed to the heirs of the testator and the devisees and legatees named in the will at their places of residence, if known to the petitioner, and deposited in the post office, at least 10 days before the hearing. If their places of residence are not known, the copies of notice may be addressed to them, and deposited in a post office in the Canal Zone. A copy of the notice shall in like manner be mailed to the person named as executor, if he is not the petitioner; also, to any person named as coexecutor not petitioning, if their places of residence are known. Proof of mailing the copies of the notice shall be made at the hearing. Personal service of copies of the notice at least 10 days before the day of hearing is equivalent to mailing.</content> </section> <section> <num value="939">§ 939. </num> <heading>Hearing proof of will and proof of service of notice</heading> <content>At the time appointed for the hearing, or the time to which the hearing may have been postponed, the court, unless the parties appear, shall require proof that the notice has been given, which being made, the court shall hear testimony in proof of the will.</content> </section> <section> <num value="940">§ 940. </num> <heading>Probate of wills not contested</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If no person appears to contest the probate of a will, the court may admit it to probate on the testimony of one of the subscribing witnesses only, if the evidence shows that the will was executed in all particulars as required by law, and that the testator was of sound mind at the time of its execution.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If it appears at the time fixed for the hearing that none of the subscribing witnesses resides in the Canal Zone, but that the deposition of one of them can be taken elsewhere, the court may direct it to be taken, and may authorize a photographic copy of the will to be made and to be presented to the witness on his examination, who may be asked the same questions with respect to it and the handwriting of himself, the testator, and the other witness, as would be pertinent and competent if the original will were present.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If the subscribing witnesses are competent at the time of attesting the execution, their subsequent incompetency, from whatever cause it may arise, does not prevent the probate and allowance of the will, if it is otherwise satisfactorily proved.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>If neither the attendance in court nor the deposition of any of the subscribing witnesses can be procured, the court may admit the will to probate upon the testimony of any other witness as provided by section 1033 of this title.</content> </subsection> </section> <section> <num value="941">§ 941. </num> <heading>Probate of will detained outside Canal Zone</heading> <content> <p class="indent0 firstIndent0 fontsize10">If it is alleged in a petition that a will of a person who at the time of his death was a resident of the Canal Zone is detained beyond the jurisdiction of the Zone, in a court of a State or foreign country, and that the will can not be produced for probate in the Zone, and the court is satisfied that the allegations are true, a copy of the will duly authenticated may be proved, allowed, and admitted to probate in the Zone in lieu of, and have the same force and effect as, the original will. The same proof is required to admit the will to probate in the Zone as would be required by this chapter if the original will were produced.</p> <p class="indent0 firstIndent0 fontsize10">The court may authorize a photographic copy of the will to be presented to the subscribing witness upon his examination in court, or by deposition as provided by section 940 of this title, and the witness may be asked the same questions with respect to it, and the handwriting of himself, the testator, and the other witness, as would be pertinent and competent if the original will were present.</p> </content> </section> <page identifier="/us/stat/76a/580">580</page> <section> <num value="942">§ 942. </num> <heading>Holographic wills</heading> <content>A holographic will may be proved in the same manner as other private writings.</content> </section> <section> <num value="943">§ 943. </num> <heading>Record of clerk upon admission to probate</heading> <content>When the court admits a will to probate, the clerk shall record it in the minutes, with the notation: “Admitted to probate [giving date].”</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Lost or Destroyed Wills</heading> <section> <num value="961">§ 961. </num> <heading>Duty of court as to proof; notice; reduction of testimony to writing</heading> <content>If a will is lost or destroyed, the court shall take proof of, and establish, the execution and validity of the will, upon notice given to all interested persons, as prescribed in regard to proof of wills in other cases. The testimony given shall be reduced to writing, and signed by the witnesses.</content> </section> <section> <num value="962">§ 962. </num> <heading>Requisites of proof; fraud or public calamity; mentally incompetent person</heading> <content>A will may not be proved as a lost or destroyed will, unless it is proved to have been in existence at the time of the death of the testator, or is shown to have been fraudulently or by public calamity destroyed in the lifetime of the testator, without his knowledge, and unless its provisions are clearly and distinctly proved by at least two credible witnesses; but if the testator is declared mentally incompetent in the Canal Zone and after such a determination his will is destroyed by public calamity, and the testator is never restored to competency, then, after his death, his will may be probated as though it were in existence at the time of his death.</content> </section> <section> <num value="963">§ 963. </num> <heading>Certification, recordation, and grant of letters</heading> <content>When a lost will is established, the provisions thereof shall be distinctly stated and certified by the judge, under his hand and seal of the court. The certificate shall be filed and recorded as other wills are filed and recorded, and letters testamentary or of administration with the will annexed, shall be issued thereon in the same manner as upon wills produced and duly proved. The testimony shall be reduced to writing, signed, certified, and filed as in other cases, and shall have the same effect as evidence as that provided by section 1035 of this title.</content> </section> <section> <num value="964">§ 964. </num> <heading>Restraining executor or administrator previously appointed pending petition</heading> <content>If, before or pending an application to prove a lost or destroyed will, letters of administration are granted on the estate of the testator, or letters testamentary of a previous will of the testator are granted, the court may restrain the executors or administrators, so appointed, from any acts or proceedings that would be injurious to the legatees or devisees claiming under the lost or destroyed will.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Foreign Wills</heading> <section> <num value="981">§ 981. </num> <heading>Allowance and recordation of foreign will; place</heading> <content>A will duly proved and allowed in a State of the United States, or in a foreign country, may be allowed and recorded in the division of the district court having jurisdiction as determined by section 902 of this title.</content> </section> <section> <num value="982">§ 982. </num> <heading>Procedure; notice</heading> <content>The executor, or any person interested in a will described by section 981 of this title, may file a copy of the will and of the order<page identifier="/us/stat/76a/581">581</page> or decree admitting it to probate, or other evidence of its establishment or proof in accordance with the laws of the State or country, duly authenticated or proved, together with his petition for letters. Notice shall be given and the same proceedings had as in the case of an original petition for the probate of a will.</content> </section> <section> <num value="983">§ 983. </num> <heading>Hearing; effect of probate of foreign will</heading> <content>If, on a hearing held pursuant to section 982 of this title, it appears from the authenticated order or decree referred to in that section, or if it is otherwise proved in a case in which there is no such order or decree, that the will has been admitted to probate in a State of the United States or foreign country, or established or proved in accordance with the laws thereof, and that it was valid according to the laws of the place in which the testator was domiciled at the time of his death, or according to the laws of the Canal Zone, it shall be admitted to probate in the Canal Zone, and have the same force and effect as a will first admitted to probate in the Canal Zone; and letters testamentary or of administration with the will annexed shall issue thereon to the petitioner.</content> </section> </subchapter> </chapter> <chapter> <num value="55">CHAPTER 55—</num><heading>CONTESTS OF WILLS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1011.</designator> <label>Who may appear and contest a will.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">contests before probate</inline></label></referenceItem> <referenceItem role="section"><designator>1031.</designator> <label>Filing contest; motions; answer.</label></referenceItem> <referenceItem role="section"><designator>1032.</designator> <label>Trial; parties; issues triable by jury, waiver of jury.</label></referenceItem> <referenceItem role="section"><designator>1033.</designator> <label>Proof of execution of will; witnesses.</label></referenceItem> <referenceItem role="section"><designator>1034.</designator> <label>Verdict of jury; judgment.</label></referenceItem> <referenceItem role="section"><designator>1035.</designator> <label>Testimony as future evidence.</label></referenceItem> <referenceItem role="section"><designator>1036.</designator> <label>Certificate of proof and facts.</label></referenceItem> <referenceItem role="section"><designator>1037.</designator> <label>Filing and recording will and certificate of proof.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">contests after probate</inline></label></referenceItem> <referenceItem role="section"><designator>1061.</designator> <label>Contest within one year; petition.</label></referenceItem> <referenceItem role="section"><designator>1062.</designator> <label>Citation.</label></referenceItem> <referenceItem role="section"><designator>1063.</designator> <label>Proof of service; trial; revocation of probate.</label></referenceItem> <referenceItem role="section"><designator>1064.</designator> <label>Effect of revocation upon executor or administrator.</label></referenceItem> <referenceItem role="section"><designator>1065.</designator> <label>Costs.</label></referenceItem> <referenceItem role="section"><designator>1066.</designator> <label>Conclusiveness of probate; limitations; infants and persons of unsound mind.</label></referenceItem> <referenceItem role="section"><designator>1067.</designator> <label>Failure to contest as not precluding probate of another will.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="1011">§ 1011. </num> <heading>Who may appear and contest a will</heading> <content>Any person interested may appear and contest a will. Devisees, legatees, or heirs of an estate may contest the will through their guardians, or attorneys appointed by themselves or by the court for that purpose; but a contest made by an attorney appointed by the court does not bar a contest after probate by the party so represented, if commenced within the time provided by section 1061 of this title; nor does the nonappointment of an attorney by the court of itself invalidate the probate of a will.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Contests Before Probate</heading> <section> <num value="1031">§ 1031. </num> <heading>Filing contest; motions; answer</heading> <content>If a person appears to contest the will, he shall file written grounds of opposition to the probate thereof, and serve a copy on the petitioner and other residents of the Canal Zone interested in the estate. Any one or more of the persons so served may, by motion, assert any defense or objection that a defendant may, by motion, make in a civil<page identifier="/us/stat/76a/582">582</page> action in the district court, in the form and manner prescribed therefor. If the motion is sustained, the court shall allow the contestant a reasonable time, not exceeding 10 days, within which to amend his written opposition. If the motion is overruled, the petitioner and others interested may jointly or separately answer the contestant’s grounds, traversing, or otherwise obviating or avoiding, the objections.</content> </section> <section> <num value="1032">§ 1032. </num> <heading>Trial; parties; issues triable by jury; waiver of jury</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>On the trial of a contest of a will, the contestant is the plaintiff and the petitioner for probate is the defendant.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>An issue of fact involving:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the competency of the decedent to make a will;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the freedom of the decedent, at the time of the execution of the will, from duress, menace, fraud, or undue influence;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the due execution and attestation of the will; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>any other question substantially affecting the validity of the will—</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">shall, on written request filed by either party at least 10 days prior to the day set for hearing, be tried by a jury.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If a jury is not demanded, the court shall try and determine the issues joined.</content> </subsection> </section> <section> <num value="1033">§ 1033. </num> <heading>Proof of execution of will; witnesses</heading> <content>If a will is contested, all the subscribing witnesses who are present in the Canal Zone, and who are of sound mind, shall be produced and examined; and the death, absence, or mental incompetency of any of them shall be satisfactorily shown to the court. If none of the subscribing witnesses resides in the Canal Zone at the time appointed for proving the will, and the evidence of none of them can be produced, the court may admit the testimony of other witnesses to prove the due execution of the will; and, as evidence of the execution, it may admit proof of the handwriting of the testator and of the subscribing witnesses, or any of them.</content> </section> <section> <num value="1034">§ 1034. </num> <heading>Verdict of jury; judgment</heading> <content>The jury, after hearing a proceeding under this subchapter, shall return a special verdict upon the issues submitted to them by the court, upon which the judgment of the court shall be rendered, either admitting the will to probate or rejecting it. In either case, the proofs of the subscribing witnesses shall be reduced to writing. If the will is admitted to probate, the judgment, will, and proofs shall be recorded.</content> </section> <section> <num value="1035">§ 1035. </num> <heading>Testimony as future evidence</heading> <content>The testimony of each witness in a proceeding under this subchapter, reduced to writing and signed by him, is good evidence in any subsequent contests concerning the validity of the will, or the sufficiency of the proof thereof, if the witness is dead, or has permanently removed from the Canal Zone.</content> </section> <section> <num value="1036">§ 1036. </num> <heading>Certificate of proof and facts</heading> <content>If, in a proceeding under this subchapter, the court is satisfied, upon the proof taken, or from the facts found by the jury, that the will was duly executed, and that the testator at the time of its execution was of sound and disposing mind, and not acting under duress, menace, fraud, or undue influence, a certificate of the proof and the facts found, signed by the judge and attested by the seal of the court, shall be attached to the will.</content> </section> <page identifier="/us/stat/76a/583">583</page> <section> <num value="1037">§ 1037. </num> <heading>Filing and recording will and certificate of proof</heading> <content>At the close of a proceeding under this subchapter in which probate is granted, the clerk shall file and record the will, and a certificate of proof thereof. When so filed and recorded, the will and certificate constitute part of the record in the proceeding. The clerk shall also file all testimony given in the proceeding.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Contests After Probate</heading> <section> <num value="1061">§ 1061. </num> <heading>Contest within one year; petition</heading> <content>A person interested may, within one year after the probate of a will, contest the probate or validity of the will. For that purpose he shall file in the division of the court in which the will was proved a petition in writing, containing his allegations against the validity of the will or against the sufficiency of the proof, and praying that the probate be revoked.</content> </section> <section> <num value="1062">§ 1062. </num> <heading>Citation</heading> <content>Upon filing a petition pursuant to this subchapter, and within one year after the probate, a citation shall be issued to the executor of the will, or to the administrator with the will annexed, and to all the legatees and devisees mentioned in the will, and heirs residing in the Canal Zone, as far as known to the petitioner or to their guardians, if any of them is a minor or is legally incompetent, or to their personal representatives, if any of them is dead, requiring them to appear before the court on a day therein specified, to show cause why the probate of the will should not be revoked.</content> </section> <section> <num value="1063">§ 1063. </num> <heading>Proof of service; trial; revocation of probate</heading> <content>At the time appointed for showing cause, or at any time to which the hearing is postponed, proof having been made of service of the citation upon all of the persons named therein, the court shall proceed to try the issues of fact joined in the same manner as an original contest of a will. If the original probate was granted without a contest, a trial by jury shall be had, as in the case of a contest before probate, on written demand of either party, filed three days prior to the hearing. If, upon hearing the proofs of the parties, the jury finds, or, if no jury is had, the court decides, that the will is invalid or is not the last will of the testator, the probate shall be revoked.</content> </section> <section> <num value="1064">§ 1064. </num> <heading>Effect of revocation upon executor or administrator</heading> <content>Upon the revocation of the probate of a will, the powers of the executor or administrator with the will annexed shall cease; but he is not liable for any act done in good faith previous to the revocation.</content> </section> <section> <num value="1065">§ 1065. </num> <heading>Costs</heading> <content>If, in a proceeding under this subchapter, the will is not revoked, the costs shall be paid by the contestant. If the probate is revoked, the costs shall be paid by the party who resisted the revocation, or out of the property of the decedent, as the court directs.</content> </section> <section> <num value="1066">§ 1066. </num> <heading>Conclusiveness of probate; limitations; infants and persons of unsound mind</heading> <content>If the validity or the probate of a will is not contested within one year after the probate, the probate is conclusive; saving to infants and persons of unsound mind a like period of one year after their respective disabilities are removed.</content> </section> <section> <num value="1067">§ 1067. </num> <heading>Failure to contest as not precluding probate of another will</heading> <content>Failure to contest a will does not preclude the subsequent probate of another will of the decedent.</content> </section> </subchapter> </chapter> <page identifier="/us/stat/76a/584">584</page> <chapter> <num value="57">CHAPTER 57—</num><heading>EXECUTORS AND ADMINISTRATORS; APPOINTMENT; REMOVAL; SUSPENSIONS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">appointment of executors and administrators with the will annexed</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1101.</designator> <label>Competency to serve as executor; marriage.</label></referenceItem> <referenceItem role="section"><designator>1102.</designator> <label>Trust companies as executors.</label></referenceItem> <referenceItem role="section"><designator>1103.</designator> <label>Executor indicated but not specifically named.</label></referenceItem> <referenceItem role="section"><designator>1104.</designator> <label>Invalidity of authority given executor to appoint.</label></referenceItem> <referenceItem role="section"><designator>1105.</designator> <label>Absentee or minor named executor; interim appointment.</label></referenceItem> <referenceItem role="section"><designator>1106.</designator> <label>Executor of an executor; letters with will annexed.</label></referenceItem> <referenceItem role="section"><designator>1107.</designator> <label>Objections to letters testamentary; petition for letters with will annexed; issuance of letters.</label></referenceItem> <referenceItem role="section"><designator>1108.</designator> <label>Failure to appoint all named executors.</label></referenceItem> <referenceItem role="section"><designator>1109.</designator> <label>Powers before grant of letters.</label></referenceItem> <referenceItem role="section"><designator>1110.</designator> <label>Priority of appointment of administrators with will annexed.</label></referenceItem> <referenceItem role="section"><designator>1111.</designator> <label>Authority of administrators with will annexed; discretionary power.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">appointment of administrators</inline></label></referenceItem> <referenceItem role="section"><designator>1131.</designator> <label>Competency to serve as administrator; marriage.</label></referenceItem> <referenceItem role="section"><designator>1132.</designator> <label>Persons entitled to letters; order of priority.</label></referenceItem> <referenceItem role="section"><designator>1133.</designator> <label>Surviving partner.</label></referenceItem> <referenceItem role="section"><designator>1134.</designator> <label>Relatives of whole blood as preferred.</label></referenceItem> <referenceItem role="section"><designator>1135.</designator> <label>Persons equally entitled to letters; creditors.</label></referenceItem> <referenceItem role="section"><designator>1136.</designator> <label>Minors and incompetents; discretion of court.</label></referenceItem> <referenceItem role="section"><designator>1137.</designator> <label>Failure of persons having priority to claim letters.</label></referenceItem> <referenceItem role="section"><designator>1138.</designator> <label>Letters to persons other than those entitled.</label></referenceItem> <referenceItem role="section"><designator>1139.</designator> <label>Trust companies as administrators.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">petition for letters; contests</inline></label></referenceItem> <referenceItem role="section"><designator>1161.</designator> <label>Form and contents of petition; filing; defects.</label></referenceItem> <referenceItem role="section"><designator>1162.</designator> <label>When letters of administration may be granted.</label></referenceItem> <referenceItem role="section"><designator>1163.</designator> <label>Setting petition for hearing; notice.</label></referenceItem> <referenceItem role="section"><designator>1164.</designator> <label>Contesting application.</label></referenceItem> <referenceItem role="section"><designator>1165.</designator> <label>Hearing on petition; order.</label></referenceItem> <referenceItem role="section"><designator>1166.</designator> <label>Evidence of notice.</label></referenceItem> <referenceItem role="section"><designator>1167.</designator> <label>Facts to be proved; witnesses.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">special administrators</inline></label></referenceItem> <referenceItem role="section"><designator>1201.</designator> <label>Appointment of special administrator; grounds; public administrator.</label></referenceItem> <referenceItem role="section"><designator>1202.</designator> <label>Same; notice; preference.</label></referenceItem> <referenceItem role="section"><designator>1203.</designator> <label>Bond; oath; letters.</label></referenceItem> <referenceItem role="section"><designator>1204.</designator> <label>Powers and duties of special administrator.</label></referenceItem> <referenceItem role="section"><designator>1205.</designator> <label>Powers and duties when appointed pending will contest or other proceedings.</label></referenceItem> <referenceItem role="section"><designator>1206.</designator> <label>Payment of secured charges on property.</label></referenceItem> <referenceItem role="section"><designator>1207.</designator> <label>Effect of grant of letters testamentary or of administration.</label></referenceItem> <referenceItem role="section"><designator>1208.</designator> <label>Verified account; commissions and allowances; attorneys’ fees.</label></referenceItem> <referenceItem role="section"><designator>1209.</designator> <label>Division of commissions and allowances, and of attorneys’ fees.</label></referenceItem> <referenceItem role="section"><designator>1210.</designator> <label>Attorney’s fees for extraordinary services.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">form of letters</inline></label></referenceItem> <referenceItem role="section"><designator>1231.</designator> <label>Signature of clerk; seal of court.</label></referenceItem> <referenceItem role="section"><designator>1232.</designator> <label>Form of letters testamentary.</label></referenceItem> <referenceItem role="section"><designator>1233.</designator> <label>Form of letters of administration with the will annexed.</label></referenceItem> <referenceItem role="section"><designator>1234.</designator> <label>Form of letters of administration, or of special administration.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vi</inline>—</designator><label><inline class="smallCaps">revocation of letters</inline></label></referenceItem> <referenceItem role="section"><designator>1251.</designator> <label>Revocation of letters of administration; petition.</label></referenceItem> <referenceItem role="section"><designator>1252.</designator> <label>Notice; citation; hearing; order.</label></referenceItem> <referenceItem role="section"><designator>1253.</designator> <label>Assertion of prior right by surviving spouse or certain relatives.</label></referenceItem> <referenceItem role="section"><designator>1254.</designator> <label>Court’s discretion to refuse letters.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vii</inline>—</designator><label><inline class="smallCaps">death, disability and substitution</inline></label></referenceItem> <referenceItem role="section"><designator>1271.</designator> <label>Revocation of letters upon subsequent probate; accounting; powers of new appointee.</label></referenceItem> <referenceItem role="section"><designator>1272.</designator> <label>Death or disqualification of one of several executors or administrators.</label></referenceItem> <referenceItem role="section"><designator>1273.</designator> <label>Death or disqualification of all executors or administrators; bond of new appointees.</label></referenceItem> <page identifier="/us/stat/76a/585">585</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter viii</inline>—</designator><label><inline class="smallCaps">resignation, suspension and removal</inline></label></referenceItem> <referenceItem role="section"><designator>1291.</designator> <label>Resignation of executor or administrator and appointment of successor; liability.</label></referenceItem> <referenceItem role="section"><designator>1292.</designator> <label>Suspension of powers; grounds; citation; notice.</label></referenceItem> <referenceItem role="section"><designator>1293.</designator> <label>Same; appearance and allegations of interested parties; procedure.</label></referenceItem> <referenceItem role="section"><designator>1294.</designator> <label>Same; hearing; revocation of letters; compelling attendance and testimony.</label></referenceItem> <referenceItem role="section"><designator>1295.</designator> <label>Revocation for embezzlement, waste or mismanagement.</label></referenceItem> <referenceItem role="section"><designator>1296.</designator> <label>Revocation for contempt.</label></referenceItem> <referenceItem role="section"><designator>1297.</designator> <label>Validity of acts prior to revocation.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ix</inline>—</designator><label><inline class="smallCaps">miscellaneous provisions</inline></label></referenceItem> <referenceItem role="section"><designator>1321.</designator> <label>Acts of remaining executors or administrators where one or more absent or disqualified.</label></referenceItem> <referenceItem role="section"><designator>1322.</designator> <label>Transcript of court minutes as evidence.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Appointment of Executors and Administrators With the Will Annexed</heading> <section> <num value="1101">§ 1101. </num> <heading>Competency to serve as executor; marriage</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A person is not competent to serve as executor or executrix who, at the time the will is admitted to probate, is:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>under the age of majority;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>convicted of an infamous crime; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>adjudged by the court incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Marriage does not disqualify a woman from serving as executrix.</content> </subsection> </section> <section> <num value="1102">§ 1102. </num> <heading>Trust companies as executors</heading> <content>A corporation or association authorized to conduct the business of a trust company in the Canal Zone may be appointed to act as an executor, in like manner as an individual.</content> </section> <section> <num value="1103">§ 1103. </num> <heading>Executor indicated but not specifically named</heading> <content>When it appears, by the terms of a will, that it was the intention of the testator to commit the execution of the will and the administration of his estate to a person as executor, that person, although not named executor, is entitled to letters testamentary in like manner as if he had been named executor.</content> </section> <section> <num value="1104">§ 1104. </num> <heading>Invalidity of authority given executor to appoint</heading> <content>An authority to an executor to appoint an executor is void.</content> </section> <section> <num value="1105">§ 1105. </num> <heading>Absentee or minor named executor; interim appointment</heading> <content>When a person absent from the Canal Zone, or a minor, is named executor, and there is another executor who accepts the trust and qualifies, the latter may have letters testamentary and administer the estate until the return of the absentee or the majority of the minor, who may then be admitted as joint executor. If there is no other executor, letters of administration, with the will annexed, shall be granted; but the court may revoke them on the return of the absent executor or the arrival of the minor at the age of majority.</content> </section> <section> <num value="1106">§ 1106. </num> <heading>Executor of an executor; letters with will annexed</heading> <content>An executor of an executor may not, as such, be authorized to administer on the estate of the first testator. If an executor is not named in the will, or if the sole executor or all the executors, therein named, are dead or incompetent, or renounce, or fail to apply for letters or to appear and quality, or die after the issuance of letters and before the completion of the administration, letters of administration with the will annexed shall be issued.</content> </section> <page identifier="/us/stat/76a/586">586</page> <section> <num value="1107">§ 1107. </num> <heading>Objections to letters testamentary; petition for letters with will annexed; issuance of letters</heading> <content>A person interested in an estate or will may file objections in writing to granting letters testamentary to the persons named as executors, or any of them, and may, at the same time, file a petition for letters of administration with the will annexed. The court shall hear and determine the objections so filed. If an objection is not made, the court, when admitting a will to probate, shall issue letters thereon to the persons named therein as executors who are competent to discharge the trust and who have not renounced their right to letters.</content> </section> <section> <num value="1108">§ 1108. </num> <heading>Failure to appoint all named executors</heading> <content>When all the executors named in a will are not appointed by the court, those appointed have the same authority to act in every respect as effectually as all would have if appointed.</content> </section> <section> <num value="1109">§ 1109. </num> <heading>Powers before grant of letters</heading> <content>A person has no power as an executor, until he qualifies, except that, before letters are issued, he may pay funeral charges and take necessary measures for the preservation of the estate.</content> </section> <section> <num value="1110">§ 1110. </num> <heading>Priority of appointment of administrators with will annexed</heading> <content>Persons are entitled to appointment as administrators with the will annexed in the same order of priority as in the appointment of administrators of intestate estates, except that, as to foreign wills, a person who is interested in the will has priority over one who is not.</content> </section> <section> <num value="1111">§ 1111. </num> <heading>Authority of administrators with will annexed; discretionary power</heading> <content>Administrators with the will annexed have the same authority over the estates that executors named in the will would have, and their acts are as effectual for all purposes; but if a power or authority conferred upon an executor is discretionary, and is not conferred by law, it is not conferred upon an administrator with the will annexed.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Appointment of Administrators</heading> <section> <num value="1131">§ 1131. </num> <heading>Competency to serve as administrator; marriage</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A person is not competent to serve as administrator or administratrix who:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>is not a bona fide resident of the Canal Zone; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>does not have the qualifications required of an executor or executrix.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Marriage does not disqualify a woman from serving as administratrix.</content> </subsection> </section> <section> <num value="1132">§ 1132. </num> <heading>Persons entitled to letters; order of priority</heading> <chapeau>Administration of the estate of a person dying intestate shall be granted to one or more of the persons hereinafter mentioned, the relatives of the deceased being entitled to administer only when they are entitled to succeed to his estate or a portion thereof; and they are, respectively, entitled to letters in the following order:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the surviving spouse, or a competent person whom he or she requests to have appointed;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the children;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the grandchildren;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the parents;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the brothers and sisters;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the next of kin entitled to share in the estate;</content> </paragraph> <page identifier="/us/stat/76a/587">587</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>the relatives of a previously deceased spouse, when they are entitled to succeed to a portion of the estate pursuant to section ;U9 or 550 of this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>the public administrator;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content>the creditors; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <content>any person legally competent.</content> </paragraph> </section> <section> <num value="1133">§ 1133. </num> <heading>Surviving partner</heading> <content>The surviving partner of a decedent may not be appointed administrator of the estate if a person interested in the estate objects to his appointment.</content> </section> <section> <num value="1134">§ 1134. </num> <heading>Relatives of whole blood as preferred</heading> <content>Of several persons claiming and equally entitled to administer, relatives of the whole blood shall be preferred to those of the half blood.</content> </section> <section> <num value="1135">§ 1135. </num> <heading>Persons equally entitled to letters; creditors</heading> <content>When there are several persons equally entitled to the administration, the court may grant letters to one or more of them; and when a creditor is claiming letters the court, at the request of another creditor, may grant letters to any other person legally competent.</content> </section> <section> <num value="1136">§ 1136. </num> <heading>Minors and incompetents; discretion of court</heading> <content>If a person otherwise entitled to administration is a minor, or an incompetent person, letters may be granted, to his or her guardian, or any other person entitled to letters of administration.</content> </section> <section> <num value="1137">§ 1137. </num> <heading>Failure of persons having priority to claim letters</heading> <content>Letters of administration shall be granted to any competent applicant, when persons having priority fail to claim letters for themselves.</content> </section> <section> <num value="1138">§ 1138. </num> <heading>Letters to persons other than those entitled</heading> <content>Letters of administration may be granted to one or more competent persons, although not otherwise entitled to them, at the written request of the person entitled, filed in the court. When the person entitled is a nonresident of the Canal Zone, affidavits, taken ex parte before an officer authorized by the laws of the Canal Zone to take acknowledgments and administer oaths out of the Canal Zone, may be received as prima facie evidence of the identity of the party, if free from suspicion, and the fact is established to the satisfaction of the court.</content> </section> <section> <num value="1137">§ 1139. </num> <heading>Trust companies as administrators</heading> <content>A corporation or association authorized to conduct the business of a trust company in the Canal Zone may be appointed to act as an administrator, in like manner as an individual.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Petition for Letters; Contests</heading> <section> <num value="1161">§ 1161. </num> <heading>Form and contents of petition; filing; defects</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A petition for letters of administration shall be in writing, signed by the applicant or his counsel, and filed with the clerk of the court, and shall state the:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>jurisdictional facts;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>names, ages and post-office addresses of the heirs of the decedent, as far as known to the applicant; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>character and estimated value of the property of the estate.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A defect of form or in the statement of jurisdictional facts actually existing does not make void an order appointing an administrator or any of the subsequent proceedings.</content> </subsection> </section> <page identifier="/us/stat/76a/588">588</page> <section> <num value="1162">§ 1162. </num> <heading>When letters of administration may be granted</heading> <content>Letters of administration may be granted by the court at any time appointed for the hearing of the application, or at any time to which the hearing is continued or postponed.</content> </section> <section> <num value="1163">§ 1163. </num> <heading>Setting petition for hearing; notice</heading> <content>When a petition praying for letters of administration is filed, the clerk of the court shall set the petition for hearing by the court, and, at least 10 days before the hearing, give notice thereof by causing a notice to be posted at the courthouse, giving the name of the decedent, the name of the applicant, and the time at which the application will be heard. The clerk shall cause similar notice to be mailed to the heirs of the decedent named in the petition, at least 10 days before the hearing, addressed to them at their respective post-office addresses, as set forth in the petition, otherwise at the place where the proceedings are pending.</content> </section> <section> <num value="1164">§ 1164. </num> <heading>Contesting application</heading> <content>A person interested may contest a petition for letters of administration by filing written grounds of opposition thereto, challenging the competency of the applicant, or may assert his own right to letters. In the latter case he shall file a petition and give the notice required for an original petition, and the court shall hear the two petitions together.</content> </section> <section> <num value="1165">§ 1165. </num> <heading>Hearing on petition; order</heading> <content>On the hearing of a petition or contest pursuant to this subchapter, upon proof that notice has been given as herein required, the court shall hear the allegations and proofs of the parties, and order the issuing of letters of administration to the party best entitled thereto.</content> </section> <section> <num value="1166">§ 1166. </num> <heading>Evidence of notice</heading> <content>An entry in the records of the court, that the required proof was made and notice given, is evidence of the fact of the notice.</content> </section> <section> <num value="1167">§ 1167. </num> <heading>Facts to be proved; witnesses</heading> <content>Before letters of administration are granted on the estate of a person who is represented to have died intestate, the fact of his dying intestate shall be proved by the testimony of the applicant or others. The court may also examine any other person concerning the time, place, and manner of his death, the place of his residence at the time, the value and character of his property, and whether or not the decedent left a will, and may compel any person to attend as a witness for that purpose.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Special Administrators</heading> <section> <num value="1201">§ 1201. </num> <heading>Appointment of special administrator; grounds; public administrator</heading> <chapeau>When:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>there is delay in granting letters testamentary or of administration; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>letters are granted irregularly; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a sufficient bond is not filed as required; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>an application is not made for letters; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>an executor or administrator dies, or is suspended or removed—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">the court, if the circumstances of the estate of the decedent require the immediate appointment of a personal representative, shall appoint a special administrator to take charge of the estate in whatever division it may be found, and to exercise such powers as may be necessary for the preservation of the estate; or the court may direct the public administrator to take charge of the estate.</continuation> </section> <page identifier="/us/stat/76a/589">589</page> <section> <num value="1202">§ 1202. </num> <heading>Same; notice; preference</heading> <content>The appointment of a special administrator under this subchapter may be made at any time upon such notice to such of the persons interested in the estate as the court deems reasonable. In making the appointment, the court shall give preference to the person entitled to letters testamentary or of administration.</content> </section> <section> <num value="1203">§ 1203. </num> <heading>Bond; oath; letters</heading> <content>A special administrator, other than the public administrator, shall give bond in such sum as the court directs, with sureties to the satisfaction of the court, conditioned for the faithful performance of his duties; and he shall take the usual oath, and have the oath indorsed on his letters. Thereupon, the clerk shall issue special letters of administration to him.</content> </section> <section> <num value="1204">§ 1204. </num> <heading>Powers and duties of special administrator</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A special administrator shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>collect and preserve for the executor or administrator all the goods, chattels, debts, and effects of the decedent, and all incomes, rents, issues, profits, claims, and demands of the estate; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>take charge and the management of, enter upon, and preserve the real estate from damage, waste, and injury.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>For the purposes of carrying out subsection (a) of this section, and for all necessary purposes, a special administrator may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>commence and maintain or defend suits and other legal proceedings as an administrator;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>sell such perishable property as the court orders to be sold; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>exercise such other powers as are conferred upon him by his appointment—</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">but, except when a special administrator is appointed with the powers, duties, and obligations of a general administrator, as hereinafter provided, he is not liable to an action by a creditor on a claim against the decedent.</continuation> </subsection> </section> <section> <num value="1205">§ 1205. </num> <heading>Powers and duties when appointed pending will contest or other proceedings</heading> <content>A special administrator appointed pending determination of a contest of a will instituted prior to the probate thereof, or pending an appeal from an order appointing, suspending, or removing an executor or administrator, has the same powers, duties, and obligations as a general administrator, and the letters of administration issued to him shall recite that he is appointed with the powers of a general administrator.</content> </section> <section> <num value="1206">§ 1206. </num> <heading>Payment of secured charges on property</heading> <content>If it appears by the verified petition of a special administrator, or other person interested in an estate in the charge of a special administrator, that any of the property of the estate is subject to a mortgage, lien, or deed of trust, to secure the payment of money, and that any amount so secured, either principal or interest, is past due and unpaid; that the holder of the security threatens or is about to enforce or foreclose it and that the property exceeds in value the amount of the entire obligation thereon, and an order is asked directly or permitting the special administrator to pay all or any part of the amount so secured, the court shall fix a time for the hearing of the petition and shall direct notice of not less than 10 days to be given by posting in three public places and by personal service on all parties who have appeared or their attorneys. At the time so appointed, if the allegations of the petition are proved to the satisfaction of the court and it appears to<page identifier="/us/stat/76a/590">590</page> be for the best interests of the estate, the court may order the special administrator to pay interest or other portions or the whole of the secured debt, and may direct the special administrator to take proceedings to secure funds for the purpose. The order for payment of interest may also direct that interest not yet accrued be paid as it becomes due, and the order shall remain in effect and cover such future interest until and unless thereafter for good cause it is set aside or modified by the court upon petition and notice similar to that hereinabove provided.</content> </section> <section> <num value="1207">§ 1207. </num> <heading>Effect of grant of letters testamentary or of administration</heading> <content>When letters testamentary or of administration on the estate of a decedent are granted, the powers of a special administrator appointed pursuant to this subchapter cease. The special administrator shall forthwith deliver to the executor or administrator all the property and effects of the decedent in his hands; and the executor or administrator may prosecute to final judgment any suit commenced by the special administrator.</content> </section> <section> <num value="1208">§ 1208. </num> <heading>Verified account; commissions and allowances; attorneys’ fees</heading> <content>The special administrator shall render a verified account of his proceedings in like manner as other administrators. His commissions and the fees of his attorney shall be fixed by the court; but the total commissions paid and extra allowances made to the special administrator and executor, or to the special administrator and general administrator of an estate, may not, together, exceed the sums provided for in this title as commissions and extra allowances for the services of executors or administrators; and the total fees paid to the attorneys both of the special administrator and executor, or of the special administrator and general administrator, may not, together, exceed the sums provided by this title as compensation for the ordinary and extraordinary services of attorneys for executors or administrators.</content> </section> <section> <num value="1209">§ 1209. </num> <heading>Division of commissions and allowances, and of attorneys’ fees</heading> <content>When the same person does not act/as both special administrator and executor, or as both special administrator and general administrator, the commissions and allowances referred to in section 1208 of this title shall be divided between the special administrator and the executor, or between the special administrator and the general administrator, in such proportion as the court deems just and reasonable; and when the same attorney does not act for both the special administrator and the executor, or for the special administrator and the general administrator, the fees referred to in section 1208 of this title shall be divided between the attorneys in such proportion as the court deems just and reasonable.</content> </section> <section> <num value="1210">§ 1210. </num> <heading>Attorney’s fees for extraordinary services</heading> <content>At any time after six months from the issuance of special letters of administration, or upon the earlier settlement of the final account of the special administrator, and upon such notice to the special administrator and to the persons interested in the estate as the court requires, an attorney who has rendered extraordinary services to the special administrator may apply to the court for compensation for the extraordinary services; and on the hearing the court shall make an order requiring the special administrator to pay the attorney out of the estate such compensation as the court deems proper, and the payment shall be made forthwith.</content> </section> </subchapter> <page identifier="/us/stat/76a/591">591</page> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Form of Letters</heading> <section> <num value="1231">§ 1231. </num> <heading>Signature of clerk; seal of court</heading> <content>Letters testamentary, or of administration with the will annexed, or of administration, or of special administration, shall be signed by the clerk of the court, under the seal of the court.</content> </section> <section> <num value="1232">§ 1232. </num> <heading>Form of letters testamentary</heading> <content> <p class="indent0 firstIndent1 fontsize10">Letters testamentary shall be substantially in the following form:</p> <p class="centered">Canal Zone, <fillIn style="font-family:monospace">_____</fillIn> division</p> <p class="indentUp1 firstIndent1 fontsize10">The last will of A. B., deceased, a copy of which is hereto annexed, having been proved and recorded in the <fillIn style="font-family:monospace">_____</fillIn> division of the district court, C. D., who is named therein as such, is hereby appointed executor.</p> <p class="indentUp1 firstIndent1 fontsize10">Witness, G. H., clerk of the district court, with the seal of the court affixed the <fillIn style="font-family:monospace">_____</fillIn> day of <fillIn style="font-family:monospace">_____</fillIn>, A.D. 19<fillIn style="font-family:monospace">_____</fillIn>.</p> <p class="indent0 firstIndent1 fontsize10">[<inline class="smallCaps">seal</inline>]</p> <p class="indentUp2 firstIndent1 fontsize10">By order of the court:</p> <p class="rightAlign">G. H., Clerk.</p> </content> </section> <section> <num value="1233">§ 1233. </num> <heading>Form of letters of administration with the will annexed</heading> <content> <p class="indent0 firstIndent1 fontsize10">Letters of administration, with the will annexed, shall be substantially in the following form:</p> <p class="centered">Canal Zone, <fillIn style="font-family:monospace">_____</fillIn> division</p> <p class="indentUp1 firstIndent1 fontsize10">The last will of A. B., deceased, a copy of which is hereto annexed, having been proved and recorded in the <fillIn style="font-family:monospace">_____</fillIn> division of the district court, and there being no executor named in the will (or as the case may be), C. D. is hereby appointed administrator with the will annexed.</p> <p class="indentUp1 firstIndent1 fontsize10">Witness, G. H., clerk of the district court, with the seal of the court affixed, <fillIn style="font-family:monospace">_____</fillIn> the day of <fillIn style="font-family:monospace">_____</fillIn>, A.D. 19<fillIn style="font-family:monospace">_____</fillIn>.</p> <p class="indent0 firstIndent1 fontsize10">[<inline class="smallCaps">seal</inline>]</p> <p class="indentUp2 firstIndent1 fontsize10">By order of the court:</p> <p class="rightAlign">G. H., Clerk.</p> </content> </section> <section> <num value="1234">§ 1234. </num> <heading>Form of letters of administration, or of special administration</heading> <content> <p class="indent0 firstIndent1 fontsize10">Letters of administration, or of special administration, shall be substantially in the following form:</p> <p class="centered">Canal Zone, <fillIn style="font-family:monospace">_____</fillIn> division</p> <p class="indentUp1 firstIndent1 fontsize10">C. D. is hereby appointed administrator (or special administrator) of the estate of A. B., deceased.</p> <p class="indentUp1 firstIndent1 fontsize10">Witness, G. H., clerk of the district court, with the seal thereof affixed, the <fillIn style="font-family:monospace">_____</fillIn> day of <fillIn style="font-family:monospace">_____</fillIn>, A.D. 19<fillIn style="font-family:monospace">_____</fillIn>.</p> <p class="indent0 firstIndent1 fontsize10">[<inline class="smallCaps">seal</inline>]</p> <p class="indentUp2 firstIndent1 fontsize10">By order of the court:</p> <p class="rightAlign">G. H., Clerk.</p> </content> </section> </subchapter> <subchapter> <num class="bold" value="VI">Subchapter VI—</num><heading class="bold">Revocation of Letters</heading> <section> <num value="1251">§ 1251. </num> <heading>Revocation of letters of administration; petition</heading> <content>When letters of administration have been granted to a person other than the surviving spouse, child, grandchild, parent, brother, or sister of the intestate, any one of them who is competent and had a prior right to letters, or any competent person at the written request of any one of them who is competent and had such a prior right, may obtain the revocation of the letters, and be entitled to the administration, by presenting to the court a petition praying the revocation, and that letters of administration be issued to him.</content> </section> <page identifier="/us/stat/76a/592">592</page> <section> <num value="1252">§ 1252. </num> <heading>Notice; citation; hearing; order</heading> <content>When a petition is filed pursuant to section 1251 of this title, the clerk shall give notice as in the case of an original application, and shall issue a citation to the administrator to appear and answer the petition at the time appointed for the hearing. At the time appointed, upon proof that the citation has been duly served and notice given as required in this section, the court shall hear the allegations and proofs of the parties. If the right of the applicant is established, and he is competent, letters of administration shall be granted to him and the letters of the former administrator revoked.</content> </section> <section> <num value="1253">§ 1253. </num> <heading>Assertion of prior right by surviving spouse or certain relatives</heading> <content>The surviving spouse, when letters of administration have been granted to a child, grandchild, parent, brother, or sister of the intestate; or any of such relatives, when letters have been granted to another of them, may assert his prior right, and obtain letters of administration, and have the letters before granted revoked in the manner prescribed by section 1251 and 1252 of this title.</content> </section> <section> <num value="1254">§ 1254. </num> <heading>Court’s discretion to refuse letters</heading> <content>The court may refuse to grant letters of administration, as provided by this subchapter, to a person or to the nominee of a person who had actual notice of the first application and an opportunity to contest it.</content> </section> </subchapter> <subchapter> <num class="bold" value="VII">Subchapter VII—</num><heading class="bold">Death, Disability and Substitution</heading> <section> <num value="1271">§ 1271. </num> <heading>Revocation of letters upon subsequent probate; accounting; powers of new appointee</heading> <content>Upon the admission to probate of a will after a grant of letters of administration on the ground of intestacy, or upon the admission to probate of a later will than the one before admitted to probate, the pre-existing grant of letters testamentary or of administration shall be revoked, and the administrator or executor whose grant of authority is thus terminated shall render an account of his administration within such time as the court directs. The newly appointed executor or administrator with the will annexed may demand, sue for, recover, and collect all the property of the decedent remaining unadministered, and may prosecute to final judgment any suit commenced by the previous administrator before the revocation of his letters of administration.</content> </section> <section> <num value="1272">§ 1272. </num> <heading>Death or disqualification of one of several executors or administrators</heading> <content>If one of several executors or administrators, to whom letters are granted, dies, becomes mentally incompetent, is convicted of an infamous crime, or otherwise becomes incapable of executing the trust; or if the letters testamentary or of administration are revoked or annulled, with respect to any one executor or administrator, the remaining executor or administrator shall proceed to complete the execution of the will or administration.</content> </section> <section> <num value="1273">§ 1273. </num> <heading>Death or disqualification of all executors or administrators; bond of new appointees</heading> <content>If all the executors or administrators of an estate die or become incapable, or the power and authority of all of them is revoked, the court shall issue letters of administration, with the will annexed or otherwise, to the person or persons next entitled thereto, in the same order and manner as is directed in relation to original letters of administration. The administrators so appointed shall give bond in the like penalty, with like sureties and conditions, as required of administrators, and shall have the like power and authority.</content> <page identifier="/us/stat/76a/593">593</page> </section> </subchapter> <subchapter> <num class="bold" value="VIII">Subchapter VIII—</num><heading class="bold">Resignation, Suspension and Removal</heading> <section> <num value="1291">§ 1291. </num> <heading>Resignation of executor or administrator and appointment of successor; liability</heading> <content>An executor or administrator may, at any time, by a writing filed in the district court, resign his appointment, having first settled his accounts and delivered up all the estate to the person whom the court appoints to receive it. If, however, by reason of delays in the settlement and delivery up of the estate, or for any other cause, the circumstances of the estate or the rights of those interested therein require, the court may, at any time before settlement of accounts and delivering up of the estate is completed, revoke the letters of the executor or administrator, and appoint in his stead an administrator, either special or general, in the same manner as is directed in relation to original letters of administration. The liability of the outgoing executor or administrator, or of the sureties on his bond, is not discharged, released, or affected by the appointment or resignation.</content> </section> <section> <num value="1292">§ 1292. </num> <heading>Suspension of powers; grounds; citation; notice</heading> <content>When the district judge has reason to believe from his own knowledge, or from credible information, that an executor or administrator has wasted, embezzled, or mismanaged, or is about to waste or embezzle the property of the estate committed to his charge, or has committed or is about to commit a fraud upon the estate, or is incompetent to act, or has removed or is about to remove from the Canal Zone, or has wrongfully neglected the estate, or has long neglected to perform any act as executor or administrator, the judge shall, by an order entered upon the minutes of the court, direct the executor or administrator to be cited to appear and show cause why his letters should not be revoked, and may also suspend the powers of the executor or administrator, until the matter is investigated. If the executor or administrator has absconded or conceals himself, or has removed or absented himself from the Canal Zone, notice may be given him of the pendency of the proceedings by publication, in such manner as the court directs, and the court may proceed upon the notice as if the citation had been personally served.</content> </section> <section> <num value="1293">§ 1293. </num> <heading>Same; appearance and allegations of interested parties; procedure</heading> <content>At a hearing pursuant to section 1292 of this title, any person interested in the estate may appear and file his allegations in writing, showing that the executor or administrator should be removed; to which the executor or administrator may, by motion, assert any defense or objection that a defendant may, by motion, make in a civil action in the district court, in the form and manner prescribed therefor. If the motion is sustained, the court shall allow the person so appearing not more than 10 days within which to amend his written allegations. If the motion is overruled, the executor or administrator shall answer the allegations, traversing, or otherwise obviating them. The court shall hear and determine the issues raised.</content> </section> <section> <num value="1294">§ 1294. </num> <heading>Same; hearing; revocation of letters; compelling attendance and testimony</heading> <content>If the executor or administrator fails to appear in obedience to the citation referred to in section 1292 of this title, or, if he appears, and the court is satisfied from the evidence, that there exists cause for his removal, the court shall revoke his letters. The court may compel his attendance by attachment, and may compel him to answer questions, on oath, touching his administration, and, upon his refusal so to do, may commit him until he obeys, or may revoke his letters, or both.</content> </section> <page identifier="/us/stat/76a/594">594</page> <section> <num value="1295">§ 1295. </num> <heading>Revocation for embezzlement, waste or mismanagement</heading> <content>If, upon the settlement of an account of an executor or administrator, it appears that he has embezzled, wasted or mismanaged the estate, the court shall revoke his letters.</content> </section> <section> <num value="1296">§ 1296. </num> <heading>Revocation for contempt</heading> <content>When an executor or administrator is committed for contempt in disobeying a lawful order of the court, and has remained in custody for 30 days without obeying the order, or purging himself otherwise of the contempt, the court may, by order reciting the facts, and without further showing or notice, revoke his letters and appoint another person entitled thereto to succeed him.</content> </section> <section> <num value="1297">§ 1297. </num> <heading>Validity of acts prior to revocation</heading> <content>All acts of an executor or administrator, as such, before the revocation of his letters testamentary or of administration, are as valid, to all intents and purposes, as if the executor or administrator had continued lawfully to execute the duties of his trust.</content> </section> </subchapter> <subchapter> <num class="bold" value="IX">Subchapter IX—</num><heading class="bold">Miscellaneous Provisions</heading> <section> <num value="1321">§ 1321. </num> <heading>Acts of remaining executors or administrators where one or more absent or disqualified</heading> <content>Where there are two executors or administrators, the act of one alone is effectual, if the other is absent from the Canal Zone, or laboring under a legal disability from serving, or if he has given his coexecutor or coadministrator authority, in writing, to act for both. Where there are more than two executors or administrators, the act of a majority is valid.</content> </section> <section> <num value="1322">§ 1322. </num> <heading>Transcript of court minutes as evidence</heading> <content>A transcript from the records of the court, showing the appointment of a person as executor or administrator, together with the certificate of the clerk, under his hand and the seal of his court, that the person has given bond and been qualified, and that letters testamentary or of administration have been issued to him and have not been revoked, has the same effect in evidence as the letters themselves.</content> </section> </subchapter> </chapter> <chapter> <num value="59">CHAPTER 59—</num><heading>OATHS AND BONDS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">oaths</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1351.</designator> <label>Oath of executor or administrator; recording letters.</label></referenceItem> <referenceItem role="section"><designator>1352.</designator> <label>Oaths and affidavits of trust companies.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">bonds</inline></label></referenceItem> <referenceItem role="section"><designator>1371.</designator> <label>Bond of executor or administrator; conditions.</label></referenceItem> <referenceItem role="section"><designator>1372.</designator> <label>Requiring bond notwithstanding provision of will.</label></referenceItem> <referenceItem role="section"><designator>1373.</designator> <label>Bonds by several executors or administrators.</label></referenceItem> <referenceItem role="section"><designator>1374.</designator> <label>Justification of sureties.</label></referenceItem> <referenceItem role="section"><designator>1375.</designator> <label>Same; citation; examination; additional security.</label></referenceItem> <referenceItem role="section"><designator>1376.</designator> <label>Insufficiency of sureties or bond; additional security.</label></referenceItem> <referenceItem role="section"><designator>1377.</designator> <label>Inquiry as to sufficiency; citation; hearing; order.</label></referenceItem> <referenceItem role="section"><designator>1378.</designator> <label>Failure to comply with order for additional or sufficient security.</label></referenceItem> <referenceItem role="section"><designator>1379.</designator> <label>Suspension of powers pending hearing.</label></referenceItem> <referenceItem role="section"><designator>1380.</designator> <label>Application for release of surety; citation; service.</label></referenceItem> <referenceItem role="section"><designator>1381.</designator> <label>Same; neglect or refusal to give new sureties.</label></referenceItem> <referenceItem role="section"><designator>1382.</designator> <label>Same; discharge of sureties if new sureties given.</label></referenceItem> <referenceItem role="section"><designator>1383.</designator> <label>Applications to be determined at any time.</label></referenceItem> <referenceItem role="section"><designator>1384.</designator> <label>Successive actions on bond.</label></referenceItem> </toc> <page identifier="/us/stat/76a/595">595</page> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Oaths</heading> <section> <num value="1351">§ 1351. </num> <heading>Oath of executor or administrator; recording letters</heading> <content>Before letters testamentary or of administration are issued to the executor or administrator, he shall take and subscribe an oath before an officer authorized to administer oaths, that he will perform, according to law, the duties of executor or administrator. The oath shall be attached to the letters. Letters testamentary, and of administration, with the affidavits and certificates thereon, shall be forthwith recorded by the clerk of the court, in books to be kept by him in his office for that purpose.</content> </section> <section> <num value="1352">§ 1352. </num> <heading>Oaths and affidavits of trust companies</heading> <content>If it is required that an executor or administrator shall qualify by taking and subscribing an oath, or an affidavit is required, it is a sufficient qualification by a corporation or association receiving an appointment as executor or administrator if the oath is taken and subscribed, or the affidavit is made, by the president, vice-president, secretary, manager, trust officer, or assistant trust officer thereof.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Bonds</heading> <section> <num value="1371">§ 1371. </num> <heading>Bond of executor or administrator; conditions</heading> <content>A person to whom letters testamentary or of administration are directed to issue, shall, before receiving them, execute a bond to the Government of the Canal Zone, with two or more sufficient sureties, to be approved by the district court. In form the bond shall be joint and several, and the penalty shall be in such reasonable sum as the court directs; and the bond shall be conditioned that the executor or administrator shall faithfully execute the duties of the trust according to law.</content> </section> <section> <num value="1372">§ 1372. </num> <heading>Requiring bond notwithstanding provision of will</heading> <content>When it is provided in a will that a bond may not be required of the executor, the court, nevertheless, for good cause, may require one to be given as in other cases, either before or at any time after the issuance of letters.</content> </section> <section> <num value="1373">§ 1373. </num> <heading>Bonds by several executors or administrators</heading> <content>When two or more persons are appointed executors or administrators, the court shall require and take a separate bond from each of them.</content> </section> <section> <num value="1374">§ 1374. </num> <heading>Justification of sureties</heading> <content>Where bonds or undertakings are required to be given pursuant to this title, the sureties shall justify thereon in the same manner and in like amounts as required by section 431 of Title 3, and the certificate thereof shall be attached to and filed with the bond or undertaking. The bonds and undertakings may not be filed until approved by the court. Upon filing, the clerk shall thereupon enter in an appropriate book the date and amount of the bond or undertaking and the name or names of the surety or sureties thereon. If the bond or undertaking is lost, the entries so made shall be prima facie evidence of the due execution of the bond or undertaking as required by law.</content> </section> <section> <num value="1375">§ 1375. </num> <heading>Same; citation; examination; additional security</heading> <content>Before the court approves a bond required under this title, or after its approval, it may, of its own motion, or upon the motion of a person interested in the estate, supported by affidavit that the sureties, or one or more of them, are not worth as much as they have justified to, order a citation to issue requiring them to appear before it at a<page identifier="/us/stat/76a/596">596</page> designated time and place, to be examined concerning their property and its value. At the same time, the court shall cause a notice to be issued to the executor or administrator requiring his appearance on the return of the citation. On its return the court may examine the sureties and such witnesses as may be produced, concerning the property of the sureties and its value; and if, upon the examination, it is satisfied that the bond is insufficient, it shall require sufficient additional security.</content> </section> <section> <num value="1376">§ 1376. </num> <heading>Insufficiency of sureties or bond; additional security</heading> <content>A person interested in an estate may, by verified petition, represent to the court that the sureties of the executor or administrator thereof have become, or are becoming, insolvent, or that they have removed, or are about to remove, from the Canal Zone, or that from any other cause the bond is insufficient, and ask that further security be required; or if it comes to the knowledge of the court that the bond is, from any cause, insufficient, the court may, of its own motion, without an application, require further security.</content> </section> <section> <num value="1377">§ 1377. </num> <heading>Inquiry as to sufficiency; citation; hearing; order</heading> <content>If the court is satisfied from a petition filed pursuant to section 1376 of this title, or from its own information, that the question of sufficiency of the sureties or bond of an executor or administrator requires investigation, it shall cause a citation to be issued to the executor or administrator requiring him to appear, at a time and place to be therein specified, to show cause why he should not give further security. The citation shall be served personally on the executor or administrator, at least five days before the return day. If he has absconded, or can not be found, it may be served by leaving a copy of it at his place of residence, or by such publication as the court orders. On the return of the citation, or at such other time as the court appoints, it shall proceed to hear the proofs and allegations of the parties. If it satisfactorily appears that the security is, from any cause, insufficient, the court shall make an order requiring the executor or administrator to give further security, or to file a new bond in the usual form within a reasonable time, not less than five days.</content> </section> <section> <num value="1378">§ 1378. </num> <heading>Failure to comply with order for additional or sufficient security</heading> <content>If sufficient or additional security is not given within the time fixed by the court’s order pursuant to section 1377 of this title, the right of the executor or administrator to the administration shall cease, and the person next entitled to the administration on the estate, who will execute a sufficient bond, shall be appointed to the administration. If letters have already been issued to the executor or administrator, they shall be revoked, and his authority shall thereupon cease.</content> </section> <section> <num value="1379">§ 1379. </num> <heading>Suspension of powers pending hearing</heading> <content>When a petition is presented praying that an executor or administrator be required to give further security, or to give bond, where, by the terms of the will, a bond was not originally required, and it is alleged, on oath, that the executor or administrator is wasting the property of the estate, the court, by order, may suspend his powers until the matter can be heard and determined.</content> </section> <section> <num value="1380">§ 1380. </num> <heading>Application for release of surety; citation; service</heading> <content>When a surety of an executor or an administrator desires to be released from responsibility on account of future acts, he may make application to the court for relief. The court shall cite the executor or administrator to appear at a designated time and place and give other security. The citation shall be served personally, or, if the<page identifier="/us/stat/76a/597">597</page> executor or administrator has absconded, left, or removed from the Canal Zone, or if he can not be found after due diligence and inquiry, it may be served in the manner provided by section 1377 of this title.</content> </section> <section> <num value="1381">§ 1381. </num> <heading>Same; neglect or refusal to give new sureties</heading> <content>If the executor or administrator neglects or refuses to give new sureties, to the satisfaction of the court, on the return of the citation issued pursuant to section 1380 of this title, or within such reasonable time as the court allows, unless the surety making the application consents to a longer extension of time, the court, by order, shall revoke his letters.</content> </section> <section> <num value="1382">§ 1382. </num> <heading>Same; discharge of sureties if new sureties given</heading> <content>If, in a proceeding pursuant to section 1380 of this title, new sureties are given to the satisfaction of the court, it may thereupon make an order that the sureties who applied for relief shall not be liable on their bond for any subsequent act, default, or misconduct of the executor or administrator.</content> </section> <section> <num value="1383">§ 1383. </num> <heading>Applications to be determined at any time</heading> <content>The applications authorized by sections 1376 and 1380 of this title may be heard and determined at any time. All orders made therein shall be entered upon the records of the court.</content> </section> <section> <num value="1384">§ 1384. </num> <heading>Successive actions on bond</heading> <content>The bond of an executor or administrator is not void upon the first recovery, but may be sued and recovered upon from time to time, by a person aggrieved, in his own name, until the whole penalty is exhausted.</content> </section> </subchapter> </chapter> <chapter> <num value="61">CHAPTER 61—</num><heading>POWERS AND DUTIES OF EXECUTORS AND ADMINISTRATORS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1411.</designator> <label>Possession of estate.</label></referenceItem> <referenceItem role="section"><designator>1412.</designator> <label>Partnership property; settlement; accounting.</label></referenceItem> <referenceItem role="section"><designator>1413.</designator> <label>Operation of business of decedent.</label></referenceItem> <referenceItem role="section"><designator>1414.</designator> <label>Actions by and against executors and administrators.</label></referenceItem> <referenceItem role="section"><designator>1415.</designator> <label>Actions for waste, destruction, taking, conversion, or trespass.</label></referenceItem> <referenceItem role="section"><designator>1416.</designator> <label>Actions on bond of former executor or administrator.</label></referenceItem> <referenceItem role="section"><designator>1417.</designator> <label>Unqualified executors as parties.</label></referenceItem> <referenceItem role="section"><designator>1418.</designator> <label>Compounding or compromising with debtor.</label></referenceItem> <referenceItem role="section"><designator>1419.</designator> <label>Recovery of fraudulently conveyed property.</label></referenceItem> <referenceItem role="section"><designator>1420.</designator> <label>Same; costs; sale of property recovered; proceeds.</label></referenceItem> <referenceItem role="section"><designator>1421.</designator> <label>Custody and management of property; recovery of possession; Joinder in possessory or title actions.</label></referenceItem> <referenceItem role="section"><designator>1422.</designator> <label>Delivery of real property to heirs or devisees.</label></referenceItem> <referenceItem role="section"><designator>1423.</designator> <label>Purchase of claims against estate.</label></referenceItem> <referenceItem role="section"><designator>1424.</designator> <label>Deposit of funds.</label></referenceItem> <referenceItem role="section"><designator>1425.</designator> <label>Investment of moneys of estate pending settlement.</label></referenceItem> </toc> <section> <num value="1411">§ 1411. </num> <heading>Possession of estate</heading> <content>The executor or administrator shall take into his possession all the estate of the decedent, real and personal, and collect all debts due to the decedent or to the estate. For the purpose of bringing suits to quiet title, or for partition of the estate, the possession of the executors or administrators is the possession of the heirs or devisees; but in such cases, the possession by the heirs or devisees is subject to the possession of the executor or administrator for the purposes of administration, as provided in this title.</content> </section> <section> <num value="1412">§ 1412. </num> <heading>Partnership property; settlement; accounting</heading> <content>When a partnership exists between the decedent, at the time of his death, and another person, the surviving partner has the right to continue in possession of the partnership, and to settle its business, but the interest of the decedent in the partnership shall be included in<page identifier="/us/stat/76a/598">598</page> the inventory, and be appraised as other property. The surviving partner shall settle the affairs of the partnership without delay, and account with the executor or administrator, and pay over such balances as may from time to time be payable to him, in right of the decedent. Upon the application of the executor or administrator, the court may, if it appears necessary, order the surviving partner to render an account, and in case of neglect or refusal may, after notice, compel it by attachment; and the executor or administrator may maintain against him any action which the decendent could have maintained.</content> </section> <section> <num value="1413">§ 1413. </num> <heading>Operation of business of decedent</heading> <content>After notice to all persons interested in an estate, given in such manner as the court directs, the court may authorize the executor or administrator to continue the operation of the decedent’s business to such an extent and subject to such restrictions as the court considers to be for the best interest of the estate and those interested therein.</content> </section> <section> <num value="1414">§ 1414. </num> <heading>Actions by and against executors and administrators</heading> <content>Actions for the recovery of property, real or personal, or for the possession thereof, or to quiet title thereto, or to enforce a lien thereon, or to determine an adverse claim thereon, and all actions founded upon contracts, or upon a liability for physical injury, death, or injury to property, may be maintained by and against executors and administrators in all cases in which the cause of action, whether arising before or after death, is one that would not abate upon the death of their respective testators or intestates.</content> </section> <section> <num value="1415">§ 1415. </num> <heading>Actions for waste, destruction, taking, conversion, or trespass</heading> <content>Executors and administrators may maintain an action against a person who has wasted, destroyed, taken, or carried away, or converted to his own use, the property of the decedent, in his lifetime, or committed a trespass on the real estate of the decedent in his lifetime; and a person or his personal representatives may maintain an action against the executor or administrator of a decedent who in his lifetime has wasted, destroyed, taken, or carried away, or converted to his own use, the property of such person, or committed a trespass on his real estate. This section does not apply to an action founded upon a wrong resulting in physical injury or death of a person.</content> </section> <section> <num value="1416">§ 1416. </num> <heading>Actions on bond of former executor or administrator</heading> <content>An executor or administrator may, in his own name, maintain actions on the bond of a former executor or administrator of the same estate, for the use and benefit of all parties interested in the estate.</content> </section> <section> <num value="1147">§ 1417. </num> <heading>Unqualified executors as parties</heading> <content>In actions by or against executors, it is not necessary to join as parties those to whom letters were ordered to be issued, but who have not qualified.</content> </section> <section> <num value="1418">§ 1418. </num> <heading>Compounding or compromising with debtor</heading> <content>If a debtor of the decedent is unable to pay all his debts, the executor or administrator, with the approval of the court, may compound with him and give him a discharge, upon receiving a fair and just dividend of his effects. The court may also authorize a compromise when it appears to be just, and for the best interest of the estate.</content> </section> <section> <num value="1419">§ 1419. </num> <heading>Recovery of fraudulently conveyed property</heading> <content>If a decedent, in his lifetime, conveyed real or personal property, or rights or interests therein, with intent to defraud his creditors, or to avoid an obligation due another, or made a conveyance<page identifier="/us/stat/76a/599">599</page> that by law is void as against creditors, or made a gift of property in view of death, and there is a deficiency of assets in the hands of the executor or administrator, the latter, on application of a creditor, shall commence and prosecute to final judgment an action for the recovery of the property for the benefit of the creditors.</content> </section> <section> <num value="1420">§ 1420. </num> <heading>Same; costs; sale of property recovered; proceeds</heading> <content>A creditor making application pursuant to section 1419 of this title shall pay such part of the costs and expenses of the action, or give such security to the executor or administrator therefor, as the court directs. Property so recovered shall be sold for the payment of debts, in the same manner as if the decedent had died seised or possessed thereof, upon obtaining an order therefor from the court; and the proceeds shall be appropriated in payment of the debts of the decedent in the same manner as other property in the hands of the executor or administrator. The remainder of the proceeds, after the debts of the decedent have been paid, shall be paid to the person from whom the property was recovered.</content> </section> <section> <num value="1421">§ 1421. </num> <heading>Custody and management of property; recovery of possession; joinder in possessory or title actions</heading> <content>The executor or administrator is entitled to the possession of all real and personal property of the decedent, and to receive the rents and profits of the real property until the estate is settled or until delivered over by the order of the court to the heirs or devisees; and shall keep in good tenantable repair all houses, buildings, and fixtures thereon which are under his control. After the time to present claims has expired, he is not entitled to recover the possession of any property of the estate from an heir who has succeeded to the property in his possession, or from a devisee or legatee to whom the property has been devised or bequeathed, or from an assignee thereof, unless he proves that the recovery is necessary for the payment of debts or legacies, or of expenses of administration already accrued, or for distribution to another heir, devisee or legatee entitled thereto. The heirs or devisees may themselves, or jointly with the executor or administrator, maintain an action for the possession of the real property, or for the purpose of quieting title thereto, against anyone except the executor or administrator; but they are not required to do so.</content> </section> <section> <num value="1422">§ 1422. </num> <heading>Delivery of real property to heirs or devisees</heading> <content>When the time to present claims has expired, the executor or administrator shall deliver possession of the real property to the heirs or devisees, unless the court determines that the receipt of the income from the property for a longer period is necessary, or that the sale of the property probably will be necessary, for the payment of the debts of the decedent.</content> </section> <section> <num value="1423">§ 1423. </num> <heading>Purchase of claims against estate</heading> <content>An administrator or executor may not purchase a claim against the estate he represents; and if he pays a claim for less than its nominal value he is only entitled to charge in his account the amount he actually paid.</content> </section> <section> <num value="1424">§ 1424. </num> <heading>Deposit of funds</heading> <content>The court may order an executor or administrator to deposit funds of an estate coming into his hands, in a bank or banks or other depositary, to be designated by the court, in his name with the designation of his fiduciary capacity. The court may direct him to deposit any or all the funds in an interest-bearing account. This section does not relieve an executor or administrator from any duty otherwise imposed by law.</content> </section> <page identifier="/us/stat/76a/600">600</page> <section> <num value="1425">§ 1425. </num> <heading>Investment of moneys of estate pending settlement</heading> <content> <p class="indent0 firstIndent0 fontsize10">Pending the settlement of an estate, on the petition of a person interested therein, and upon good cause shown therefor, the court may order any money in the hands of the executors or administrators to be invested for the benefit of the estate in securities of the United States or in federally guaranteed savings and loan associations or in such other securities as the court approves and allows.</p> <p class="indent0 firstIndent0 fontsize10">The clerk shall set the petition for hearing by the court and cause a notice of the time and place of hearing thereof to be posted at the courthouse of the division where the proceedings are pending, at least 10 days before the day of hearing, giving the name of the estate, the name of the petitioner and the nature of the application, referring to the petition for further particulars.</p> <p class="indent0 firstIndent0 fontsize10">At least 10 days before the time set for the hearing of the petition, the petitioner shall cause notice of the time and place of hearing thereof to be mailed to the executor or administrator, when he is not the petitioner, to any coexecutor or coadministrator not petitioning, and to all persons (or to their attorneys, if they have appeared by attorney), who have requested notice or who have given notice of appearance in the estate in person or by attorney, as heir, devisee, legatee or creditor, or as otherwise interested, addressed to them at their respective post-office addresses given in their requests for special notice, if any, otherwise at their respective offices or places of residence, if known, and, if not, at the division where the proceedings are pending, or to be personally served upon them.</p> <p class="indent0 firstIndent0 fontsize10">Proof of the giving of notice shall be made at the hearing; and if it appears to the satisfaction of the court that the notice has been regularly given, the court shall so find in its order, and the order, when it becomes final, is conclusive upon all persons.</p> </content> </section> </chapter> <chapter> <num value="61">CHAPTER 63—</num><heading>INVENTORY, APPRAISEMENT, AND COLLECTION OF PROPERTY</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">inventory, appraisement, and possession of estate</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1461.</designator> <label>Time for returning; contents.</label></referenceItem> <referenceItem role="section"><designator>1462.</designator> <label>Testator’s claims against executor; inclusion in inventory.</label></referenceItem> <referenceItem role="section"><designator>1463.</designator> <label>Same; bequest to executor; nature and effect</label></referenceItem> <referenceItem role="section"><designator>1464.</designator> <label>Oath to inventory.</label></referenceItem> <referenceItem role="section"><designator>1465.</designator> <label>Appointment of appraisers; incompetency of certain persons.</label></referenceItem> <referenceItem role="section"><designator>1466.</designator> <label>Oath of appraisers; appraisement procedure.</label></referenceItem> <referenceItem role="section"><designator>1467.</designator> <label>Compensation of appraisers; verified account.</label></referenceItem> <referenceItem role="section"><designator>1468.</designator> <label>Failure to return inventory.</label></referenceItem> <referenceItem role="section"><designator>1469.</designator> <label>After-discovered property.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">embezzlement and surrender of property</inline></label></referenceItem> <referenceItem role="section"><designator>1491.</designator> <label>Double liability for embezzling property.</label></referenceItem> <referenceItem role="section"><designator>1492.</designator> <label>Citation and examination of suspected embezzler, etc., expenses.</label></referenceItem> <referenceItem role="section"><designator>1493.</designator> <label>Enforcement of examination of suspected embezzler, etc.; compelling disclosure; interrogatories; witnesses.</label></referenceItem> <referenceItem role="section"><designator>1494.</designator> <label>Requiring persons Intrusted with estate to account.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Inventory, Appraisement, and Possession of Estate</heading> <section> <num value="1461">§ 1461. </num> <heading>Time for returning; contents</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Within 30 days after his appointment, or within such further period as the court, for reasonable cause, allows, the executor or administrator shall make and return to the court a true inventory, and, if the court directs, an appraisement of all the estate of the decedent which has come to his possession or knowledge.</content> </subsection> <page identifier="/us/stat/76a/601">601</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>The inventory shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>contain a statement of all the estate, real and personal, of the decedent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>contain a statement of all debts, bonds, mortgages, deeds of trust, notes, and other securities for the payment of money belonging to the decedent, specifying the name of the debtor in each debt or security, the date, the sum originally payable, the indorsements thereon, if any, with their dates, and the sum which, in the judgment of the appraisers, may be collected on each debt or security;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>contain a statement of the interest of the decedent in any partnership of which he was a member, to be appraised as a single item;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>contain an account of all moneys belonging to the decedent which have come to the hands of the executor or administrator, and, if none, a statement of that fact; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>show, as far as it can be ascertained by the executor or administrator, what portion of the property is community property, and what portion is the separate property of the decedent.</content> </paragraph> </subsection> </section> <section> <num value="1462">§ 1462. </num> <heading>Testator’s claims against executor; inclusion in inventory</heading> <content>The naming of a person as executor does not thereby discharge him from any just claim which the testator has against him. The claim shall be included in the inventory, and the executor is liable for it, as for so much money in his hands, when the debt or demand becomes due.</content> </section> <section> <num value="1463">§ 1463. </num> <heading>Same; bequest to executor; nature and effect</heading> <content>The discharge or bequest in a will of a debt or demand of the testator against the executor named, or any other person, is not valid against the creditors of the decedent, but is a specific bequest of the debt or demand. It shall be included in the inventory, and, if necessary, applied in the payment of the debts. If not necessary for that purpose, it shall be paid in the same manner and proportion as other specific legacies.</content> </section> <section> <num value="1464">§ 1464. </num> <heading>Oath to inventory</heading> <content>The executor or administrator shall take and subscribe an oath, before an officer authorized to administer oaths, that the inventory contains a true statement of all the estate of the decedent which has come to his possession or knowledge, and particularly of all money belonging to the decedent, and of all just claims of the decedent against the affiant. The oath shall be indorsed upon or annexed to the inventory.</content> </section> <section> <num value="1465">§ 1465. </num> <heading>Appointment of appraisers; incompetency of certain persons</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>To make an appraisement, the court shall appoint three disinterested persons, any two of whom may act.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A clerk or deputy of the court, or a person related by consanguinity or affinity to, or connected by marriage with, or being a partner or employee of, the judge of the court, may not be appointed, and is not competent, to act as appraiser in an estate, or matter or proceeding pending before the judge or in his court.</content> </subsection> </section> <section> <num value="1466">§ 1466. </num> <heading>Oath of appraisers; appraisement procedure</heading> <content>Before proceeding to the execution of their duty, the appraisers shall take and subscribe an oath, to be attached to the inventory, that they will truly, honestly, and impartially appraise the property exhibited to them, according to the best of their knowledge and ability. They shall appraise the property by setting down each item separately,<page identifier="/us/stat/76a/602">602</page> with the value thereof in dollars and cents in figures, opposite the respective items.</content> </section> <section> <num value="1467">§ 1467. </num> <heading>Compensation of appraisers; verified account</heading> <content>An appraiser shall receive from each estate he appraises, as compensation for his services, such sum as the court fixes. He shall tile, with the inventory, a verified account of his services and disbursements.</content> </section> <section> <num value="1468">§ 1468. </num> <heading>Failure to return inventory</heading> <content>If an executor or administrator neglects or refuses to return the inventory within the time prescribed by section 1461 of this title, or by the court under authority of that section, the court may, upon notice, revoke his letters, and he is liable on his bond for any injury to the estate or a person interested therein, arising from his neglect or refusal.</content> </section> <section> <num value="1469">§ 1469. </num> <heading>After-discovered property</heading> <content>When property not mentioned in an inventory that is made and returned, comes to the possession or knowledge of an executor or administrator, he shall cause it to be appraised in the manner prescribed in this chapter, and an inventory thereof to be returned within two months after the discovery. The making of the inventory may be enforced, after notice, by attachment or removal from office.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Embezzlement and Surrender of Property</heading> <section> <num value="1491">§ 1491. </num> <heading>Double liability for embezzling property</heading> <content>If a person embezzles, conceals, smuggles, or fraudulently disposes of any property of a decedent, he is chargeable therewith, and liable to an action by the executor or administrator of the estate for double the value of the property so embezzled, concealed, smuggled, or fraudulently disposed of, to be recovered for the benefit of the estate.</content> </section> <section> <num value="1492">§ 1492. </num> <heading>Citation and examination of suspected embezzler, etc., expenses</heading> <content>Upon complaint made under oath by an executor, administrator, or other person interested in the estate of a decedent, that a person is suspected of having concealed, embezzled, smuggled, or fraudulently disposed of any property of the decedent, or has in his possession or knowledge any deed, conveyance, bond, contract, or other writing, which contains evidence of or tends to disclose the right, title, interest, or claim of the decedent to real or personal estate, or a claim or demand, or a lost will, the court may cite the suspected person to appear before the court, and may examine him on oath upon the matter of the complaint. If he appears and is found innocent, his necessary expenses shall be allowed him out of the estate.</content> </section> <section> <num value="1493">§ 1493. </num> <heading>Enforcement of examination of suspected embezzler, etc.; compelling disclosure; interrogatories; witnesses</heading> <content>If a person cited pursuant to section 1492 of this title refuses to appear and submit to an examination, or to answer such interrogatories as may be put to him, concerning the matters of the complaint, he may, by warrant from the court, be committed to jail and confined therein until he submits to the order of the court or is discharged according to law. If, upon the examination, it appears that he has concealed, embezzled, smuggled, or fraudulently disposed of any property of the decedent, or that he has in his possession or knowledge any of the papers or documents referred to in section 1492 of this title, the court may make an order requiring him to disclose his knowledge thereof<page identifier="/us/stat/76a/603">603</page> to the executor or administrator; and he may be committed to jail and confined therein until the order is complied with, or he is discharged according to law. All interrogatories and answers shall be in writing, signed by the party examined, and filed in the court. In addition to the examination of the party, witnesses may be produced and examined on either side.</content> </section> <section> <num value="1494">§ 1494. </num> <heading>Requiring persons intrusted with estate to account</heading> <content>Upon complaint made under oath by an executor or administrator, the court may cite a person who has been intrusted with any part of the estate of the decedent to appear before the court, and require him to render a full account, on oath, of any moneys, accounts, or other property or papers belonging to the estate, which have come to his possession in trust for the executor or administrator, and of his proceedings thereon. If the person so cited refuses to appear and render the account, the court may proceed against him as provided in section 1493 of this title.</content> </section> </subchapter> </chapter> <chapter> <num value="65">CHAPTER 65—</num><heading>DISPOSITION OF ESTATES WITHOUT ADMINISTRATION</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">transfer of personal property not exceeding certain amounts</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1521.</designator> <label>Personal property not exceeding $100; summary probate; affidavit of right.</label></referenceItem> <referenceItem role="section"><designator>1522.</designator> <label>Surviving spouse’s right to $500 from bank deposits; affidavit.</label></referenceItem> <referenceItem role="section"><designator>1523.</designator> <label>Affidavit of right; effect of receipt.</label></referenceItem> <referenceItem role="section"><designator>1524.</designator> <label>Same; claim against estate in probate; procedure.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">setting aside estates not exceeding $3,000 in value</inline></label></referenceItem> <referenceItem role="section"><designator>1541.</designator> <label>Authority to set aside estate.</label></referenceItem> <referenceItem role="section"><designator>1542.</designator> <label>Petition to set aside estate; allegations; time; verification; contents.</label></referenceItem> <referenceItem role="section"><designator>1543.</designator> <label>Statement in notice, if allegations included in petition for probate or letters.</label></referenceItem> <referenceItem role="section"><designator>1544.</designator> <label>Fixing time of hearing; notice; proceedings under separate petition.</label></referenceItem> <referenceItem role="section"><designator>1545.</designator> <label>Decree of assignment; title; restriction on right.</label></referenceItem> <referenceItem role="section"><designator>1546.</designator> <label>Denying assignment and acting on petition for probate or letters.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Transfer of Personal Property Not Exceeding Certain Amounts</heading> <section> <num value="1521">§ 1521. </num> <heading>Personal property not exceeding $100; summary probate; affidavit of right</heading> <chapeau>When a decedent does not leave real property, or interest therein or lien thereon, in the Canal Zone, and the total value of the decedent’s property in the Canal Zone, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $100, the surviving spouse, the children, lawful issue of deceased children, the parent, the brother or sister of the decedent, the lawful issue of a deceased brother or sister, or the guardian of the estate of a minor or incompetent person bearing such relationship to the decedent, if that person has a right to succeed to the property of the decedent, or is the sole beneficiary under the last will and testament of the decedent, may, without procuring letters of administration, or awaiting the probate of the will,</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>collect any money due the decedent,</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>receive the property of the decedent, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>have transferred to him any evidences of interest, indebtedness or right</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">upon furnishing to the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, an affidavit showing the right of the affiant or affiants to collect the money, receive the property, or have the evidences transferred.</continuation> </section> <page identifier="/us/stat/76a/604">604</page> <section> <num value="1522">§ 1522. </num> <heading>Surviving spouse’s right to $500 from bank deposits; affidavit</heading> <content>Whether a person dies testate or intestate, and irrespective of the character of his or her property, the spouse of the decedent, if entitled by succession or by the last will and testament of the decedent to any money of the decedent on deposit in a bank, may collect the money, not to exceed the total sum of $500, without procuring letters testamentary or of administration, upon furnishing the bank with an affidavit showing the right of the affiant to receive the money.</content> </section> <section> <num value="1523">§ 1523. </num> <heading>Affidavit of right; effect of receipt</heading> <content>The receipt of the affiant as provided by section 1522 of this title constitutes sufficient acquittance for any payment of money or delivery of property made pursuant to this subchapter and discharges the person, representative, corporation, officer or body so paying or delivering it from any further liability with reference thereto, without the necessity of inquiring into the truth of the facts stated in the affidavit. But the payment or transfer does not preclude administration when necessary to enforce payment of the decedent’s debts.</content> </section> <section> <num value="1524">§ 1524. </num> <heading>Same; claim against estate in probate; procedure</heading> <content>If the money or property claimed pursuant to this subchapter is that of a deceased heir or legatee of a person whose estate is m probate, the personal representative of the person whose estate is in probate shall first present the affidavit to the division of the court in which the estate is being probated and the court shall direct him to pay the money or deliver the property to the affiant or affiants to the extent that the decree of distribution determines that the heir or legatee was entitled thereto under the will or the laws of succession.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Setting Aside Estates Not Exceeding $3,000 in Value</heading> <section> <num value="1541">§ 1541. </num> <heading>Authority to set aside estate</heading> <content>When a decedent leaves a surviving spouse or minor child or minor children, and the net value of the whole estate, over and above all liens and encumbrances at the date of death and not including the property excepted from administration pursuant to section 622 of this title, does not exceed the sum of $3,000, it may be set aside to the surviving spouse, if there is one, and if there is none, then to the minor child or minor children of the decedent.</content> </section> <section> <num value="1542">§ 1542. </num> <heading>Petition to set aside estate; allegations; time; verification; contents</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Allegations showing that this subchapter is applicable, together with a prayer that the estate be set aside as provided in this subchapter, may be included alternatively in the petition for probate of the will or for letters of administration; or the allegations and prayer may be presented by a separate petition filed in the court by the personal representative of the decedent, or the surviving spouse, or the guardian of the minor child or minor children, filed at any time before the hearing on the petition for probate of the will or for letters of administration, or after the filing of the inventory.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The petition for probate of the will or for letters of administration, in which the allegations and prayer are included alternatively, as provided by subsection (a) of this section, or a separate petition, as therein provided, shall be verified; and the allegations shall include a specific description, and an estimate of the value, of all the decedent’s property, a list of liens and encumbrances at the date of death, and a designation of property excepted from administration pursuant to section 522 of this title.</content> </subsection> </section> <page identifier="/us/stat/76a/605">605</page> <section> <num value="1543">§ 1543. </num> <heading>Statement in notice, if allegations included in petition for probate or letters</heading> <content>If the allegations and prayer as provided by section 1542 of this title are included in the petition for probate of the will or for letters of administration, the notice of hearing shall include a statement that a prayer for setting aside the estate to the surviving spouse or minor child or minor children, as the case may be, is included in the petition.</content> </section> <section> <num value="1544">§ 1544. </num> <heading>Fixing time of hearing; notice; proceedings under separate petition</heading> <content>if a separate petition is filed as provided by section 1542 of this title, the clerk shall fix a day for the hearing thereof and shall give notice for the period and in the manner provided by section 1583 of this title. If the hearing of the original petition for probate of the will or for letters of administration is set for a day more than 10 days after the filing of the separate petition, the latter shall be set for hearing at the same time as the former; if not, the separate petition shall be set for hearing at least 10 days after the date on which it is filed, and if the original petition has not been heard, it shall be continued until the date for the separate petition and heard at the same time.</content> </section> <section> <num value="1545">§ 1545. </num> <heading>Decree of assignment; title; restriction on right</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If, upon the hearing of a petition provided for by this subchapter, the court finds that the net value of the estate, over and above all liens and encumbrances at the date of the death of the decedent and not including the property excepted from administration under section 522 of this title, does not exceed the sum of $3,000, as of the date of death of the decedent, that the expenses of the last illness, funeral charges, and expenses of administration have been paid, and that subsection (b) or this section does not apply to the particular case, it shall, by decree for that purpose, assign to the surviving spouse of the decedent, if there is a surviving spouse, or, if there is no surviving spouse, then to the minor child or minor children of the decedent, if any, the whole of the estate, subject to whatever mortgages, liens, or encumbrances there may be upon the estate at the time of the death of the decedent. The title thereto shall vest absolutely in the surviving spouse, if there is a surviving spouse, or if there is no surviving spouse, in the minor child or minor children, subject to whatever mortgages, liens, or encumbrances there may be upon the estate at the time of the death of the decedent, and there shall be no further proceedings in the administration, unless further estate is discovered.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A surviving spouse or minor child is not entitled to an assignment under this subchapter, if the spouse or child has other estate, including the total value of any property held by either in joint tenancy with the decedent and the value of any property excepted from administration pursuant to section 522 of this title, the net value of which, over and above all liens and encumbrances, exceeds the sum of $5,000.</content> </subsection> </section> <section> <num value="1546">§ 1546. </num> <heading>Denying assignment and acting on petition for probate or letters</heading> <content>If the court finds that the net value of the estate exceeds $3,000, or that the surviving spouse or minor child has other estate of $5,000 in value, or that there is neither a surviving spouse nor minor child, it shall act upon the petition for probate or for letters of administration in the same manner as though a petition to set aside the estate had not been included, and the estate shall then be administered in the usual manner.</content> </section> </subchapter> </chapter> <page identifier="/us/stat/76a/606">606</page> <chapter> <num value="67">CHAPTER 67—</num><heading>SUPPORT OF THE FAMILY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1581.</designator> <label>Possession of certain property pending inventory; support allowance.</label></referenceItem> <referenceItem role="section"><designator>1582.</designator> <label>Setting apart property exempt from execution.</label></referenceItem> <referenceItem role="section"><designator>1583.</designator> <label>Same; setting petition for hearing; notice.</label></referenceItem> <referenceItem role="section"><designator>1584.</designator> <label>Extra allowance.</label></referenceItem> <referenceItem role="section"><designator>1585.</designator> <label>Payment of allowance.</label></referenceItem> <referenceItem role="section"><designator>1586.</designator> <label>Apportionment of property set apart.</label></referenceItem> </toc> <section> <num value="1581">§ 1581. </num> <heading>Possession of certain property pending inventory; support allowance</heading> <content>When a decedent leaves a widow or minor children, the widow or children, until letters are granted and the inventory is returned, may remain in possession of all the wearing apparel of the family, and of all the household furniture of the decedent. They are also entitled to a reasonable provision for their support, to be allowed by the court.</content> </section> <section> <num value="1582">§ 1582. </num> <heading>Setting apart property exempt from execution</heading> <content>Upon the return of the inventory referred to in section 1581 of this title, or at any subsequent time during the administration, the court may, on petition therefor, set apart for the use of the surviving spouse, or, in case of the spouse’s death, to the minor children of the decedent, all the property exempt from execution.</content> </section> <section> <num value="1583">§ 1583. </num> <heading>Same; setting petition for hearing; notice</heading> <content>When the petition referred to in section 1582 of this title is filed, the clerk of the court shall set the petition for hearing by the court and cause notices to be posted in at least three public places in the division, one of which shall be at the place where the court is held, containing the name of the decedent, the name of the petitioner, the nature of the application, and the time at which the petition will be heard. The notice shall be given at least 10 days before the hearing, and a copy thereof shall be mailed at least 10 days before the day appointed for the hearing to the executor or administrator, if he is not the petitioner, and to any person named as coexecutor or coadministrator not petitioning, and to the attorneys of all persons who have appeared or given notice of appearance, by attorneys, in the estate as heirs, legatees, devisees, next of kin, or creditors, or as otherwise interested, addressed to them at their places of residence, or office, if known, and if not known, then to the place where the proceedings are pending. Proof of the posting and mailing shall be made at the hearing.</content> </section> <section> <num value="1584">§ 1584. </num> <heading>Extra allowance</heading> <content>If the property set apart is insufficient for the support of the widow and children, or either, the court shall take such reasonable allowance out of the estate as is necessary for the maintenance of the family, according to their circumstances, during the progress of the settlement of the estate, which, in case of an insolvent estate, may not be longer than one year after granting letters testamentary or of administration.</content> </section> <section> <num value="1585">§ 1585. </num> <heading>Payment of allowance</heading> <content>An allowance made by the court in accordance with the provisions of this chapter shall be paid in preference to all other charges, except funeral expenses and the expenses of the last illness of the decedent and expenses of administration; and the allowance, whenever made, may, in the discretion of the court, take effect from the death of the decedent.</content> </section> <page identifier="/us/stat/76a/607">607</page> <section> <num value="1586">§ 1586. </num> <heading>Apportionment of property set apart</heading> <content>Property set apart to the use of the family in accordance with this chapter, if the decedent left a surviving spouse and no minor child, is the property of the spouse. If the decedent left also a minor child or minor children, one-half of the property belongs to the surviving spouse, and the remainder to the child, or in equal shares to the children, if there are more than one. If there is no surviving spouse, the whole belongs to the minor child or minor children.</content> </section> </chapter> <chapter> <num value="69">CHAPTER 69—</num><heading>CLAIMS AGAINST THE ESTATE</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">presentation of claims</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1621.</designator> <label>Notice to creditors; effect of death, etc., of executor or administrator; time for filing claims.</label></referenceItem> <referenceItem role="section"><designator>1622.</designator> <label>Removal for neglecting to give notice.</label></referenceItem> <referenceItem role="section"><designator>1623.</designator> <label>Filing copy of notice; affidavit; decree.</label></referenceItem> <referenceItem role="section"><designator>1624.</designator> <label>Executor’s or administrator’s claim; presentation; allowance or rejection; action.</label></referenceItem> <referenceItem role="section"><designator>1625.</designator> <label>Affidavits in support of claims; claims not due; contingent claims; vouchers.</label></referenceItem> <referenceItem role="section"><designator>1626.</designator> <label>Claim founded on written instrument; copy; secured claim.</label></referenceItem> <referenceItem role="section"><designator>1627.</designator> <label>Claims not filed on time are barred; exception.</label></referenceItem> <referenceItem role="section"><designator>1628.</designator> <label>Record of claims filed.</label></referenceItem> <referenceItem role="section"><designator>1629.</designator> <label>Claims barred by limitations; examination of claimants; suspension of limitations pending administration.</label></referenceItem> <referenceItem role="section"><designator>1630.</designator> <label>Claim in action pending at decedent’s death.</label></referenceItem> <referenceItem role="section"><designator>1631.</designator> <label>Claims filed with clerk; notice to executor or administrator; allowance or rejection.</label></referenceItem> <referenceItem role="section"><designator>1632.</designator> <label>Claims presented to executor or administrator; allowance or rejection.</label></referenceItem> <referenceItem role="section"><designator>1633.</designator> <label>Failure to act on claim; presentation by notary; acting on timely claim after time.</label></referenceItem> <referenceItem role="section"><designator>1634.</designator> <label>Status of allowed claims; contest of validity.</label></referenceItem> <referenceItem role="section"><designator>1635.</designator> <label>Record of claims allowed.</label></referenceItem> <referenceItem role="section"><designator>1636.</designator> <label>Notice of rejection; action by claimant; time.</label></referenceItem> <referenceItem role="section"><designator>1637.</designator> <label>Filing or presenting claim as prerequisite to action; exception.</label></referenceItem> <referenceItem role="section"><designator>1638.</designator> <label>Partial allowance.</label></referenceItem> <referenceItem role="section"><designator>1639.</designator> <label>Reference; hearing and report; powers of master and court; effect.</label></referenceItem> <referenceItem role="section"><designator>1640.</designator> <label>Liability of executor or administrator for costs.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">rules governing payment of claims</inline></label></referenceItem> <referenceItem role="section"><designator>1661.</designator> <label>Effect of judgment against executor or administrator.</label></referenceItem> <referenceItem role="section"><designator>1662.</designator> <label>Judgment against decedent; execution; filing as claim; levy before death; redemption.</label></referenceItem> <referenceItem role="section"><designator>1663.</designator> <label>Interest.</label></referenceItem> <referenceItem role="section"><designator>1664.</designator> <label>Writing as prerequisite to personal liability of executor or administrator.</label></referenceItem> <referenceItem role="section"><designator>1665.</designator> <label>Claimant not found; deposit with Government; receipt as voucher; final disposition if amount not claimed.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Presentation of Claims</heading> <section> <num value="1621">§ 1621. </num> <heading>Notice to creditors; effect of death, etc., of executor or administrator; time for filing claims</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>An executor or administrator shall, immediately after his letters are issued, cause to be published in a newspaper of general circulation in the Canal Zone, a notice to the creditors of the decedent, requiring all persons having claims against the decedent to file them, with the necessary vouchers, in the office of the clerk of the court, or to present them, with the necessary vouchers, to the executor or administrator, at the place of his residence or business to be specified in the notice. The notice shall be published not less than once a week for four successive weeks. If the executor or administrator dies, resigns, or is removed, before the time expressed in the notice, his successor shall give notice only for the unexpired time allowed for the filing or presentation of claims.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The court may dispense with publication of the notice required by subsection (a) of this section, and direct that notice be<page identifier="/us/stat/76a/608">608</page> given by posting in three public places in the Canal Zone for a period of four successive weeks.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The time expressed in the notice required by this section shall be 10 months after it is first published or posted, when the estate exceeds in value the sum of $20,000, and 4 months when it does not.</content> </subsection> </section> <section> <num value="1622">§ 1622. </num> <heading>Removal for neglecting to give notice</heading> <content>If an executor or administrator neglects for two months after his appointment to give notice to creditors, as prescribed by this subchapter, the court shall revoke his letters, and appoint another person in his stead, equally or the next in order entitled to the appointment.</content> </section> <section> <num value="1623">§ 1623. </num> <heading>Filing copy of notice; affidavit; decree</heading> <content>Within 30 days after the first publication of notice to creditors, the executor or administrator shall file or cause to be filed in the court a copy of the notice, accompanied by an affidavit setting forth the date of the first publication thereof and the name of the newspaper in which it is printed, or the dates and places of posting of the notice, if the posting of notices is directed. The court, upon the affidavit or other testimony to its satisfaction, shall issue an order or decree showing that notice to creditors has been given, and directing that the order or decree be entered in the records of the court.</content> </section> <section> <num value="1624">§ 1624. </num> <heading>Executor’s or administrator’s claim; presentation; allowance or rejection; action</heading> <content>If the executor or administrator is a creditor of the decedent, he shall file his claim, authenticated by affidavit, with the clerk of the court. The clerk shall present it for allowance or rejection to the judge. Its allowance by the judge is sufficient evidence of its correctness, and it shall be paid as other claims in due course of administration. If the judge rejects the claim, action thereon may be had against the estate by the claimant, and summons shall be served upon the judge, who may appoint an attorney, at the expense of the estate, to defend the action. If the claimant fails to recover, he shall pay all costs, including the defendant’s reasonable attorney’s fees, to be fixed by the court.</content> </section> <section> <num value="1625">§ 1625. </num> <heading>Affidavits in support of claims; claims not due; contingent claims; vouchers</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Every claim that is due, when filed or presented, shall be supported by the affidavit of the claimant, or by a person in his behalf, that the amount is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the claim, to the knowledge of the affiant. If the claim is not due when filed or presented, or is contingent, the particulars of the claim shall be stated. When the affidavit is made by a person other than the claimant, he shall set forth in the affidavit the reason therefor. The oath may be taken before any officer authorized to administer oaths.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The executor or administrator may also require satisfactory vouchers or proofs to be produced in support of the claim. If the claimant leaves an original voucher in the hands of the executor or administrator, or suffers it to be filed with the clerk, he may withdraw it, when a copy thereof has been already, or is then, attached to his claim.</content> </subsection> </section> <section> <num value="1626">§ 1626. </num> <heading>Claim founded on written instrument; copy; secured claim</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Where a claim is founded on a written instrument, the original need not be filed or presented, but a verified copy of the instrument with all indorsements shall be attached to the claim. The original instrument shall be exhibited to the executor or administrator or judge, upon demand, unless it is lost or destroyed, in which case<page identifier="/us/stat/76a/609">609</page> the claimant shall accompany his claim, when filed or presented, by his affidavit, containing a copy or particular description of the instrument, and stating its loss or destruction.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Where the claim, or any part thereof, is secured by a mortgage or other lien which has been recorded in the office of the registrar of property, it is sufficient to describe the mortgage or lien, and refer to the date, volume, and page of its record.</content> </subsection> </section> <section> <num value="1627">§ 1627. </num> <heading>Claims not filed on time are barred; exception</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content> <p class="indent0 firstIndent1 fontsize10">Claims arising upon contracts, whether they are due, not due, or contingent, and claims for funeral expenses and expenses of the last sickness shall be filed or presented within the time limited in the notice, and, except as provided by subsection (b) of this section, a claim not so filed or presented is barred forever.</p> <p class="indent0 firstIndent1 fontsize10">A brief description of every claim filed shall be entered by the clerk in the appropriate book, showing the name of the claimant, the amount and character of the claim, the rate of interest, if any, and the date of filing.</p> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A claim specified by subsection (a) of this section may be filed or presented at any time before a decree of distribution is entered, if it is made to appear by the affidavit of the claimant that, by reason of being out of the Canal Zone, he had not notice as provided by this subchapter.</content> </subsection> </section> <section> <num value="1628">§ 1628. </num> <heading>Record of claims filed</heading> <content>The clerk of the court shall enter in the appropriate book a brief description of every claim filed, showing the name of the claimant, the amount and character of the claim, the rate of interest, if any, and the date of filing.</content> </section> <section> <num value="1629">§ 1629. </num> <heading>Claims barred by limitations; examination of claimants; suspension of limitations pending administration</heading> <content>A claim may not be allowed by the executor or administrator, or by the judge, if it is barred by the statute of limitations. When a claim is presented to the judge for his allowance, he may examine the claimant and others, on oath, and hear legal evidence touching the validity of the claim. A claim against an estate which has been allowed is not affected by the statute of limitations, pending the proceedings for the settlement of the estate.</content> </section> <section> <num value="1630">§ 1630. </num> <heading>Claim in action pending at decedent’s death</heading> <content>If an action is pending against the decedent at the time of his death, the plaintiff shall, in the manner provided by this subchapter, file his claim with the clerk, or present it to the executor or administrator for allowance or rejection, authenticated as required in other cases. A recovery may not be had in the action unless proof is made of the filing or presentation.</content> </section> <section> <num value="1631">§ 1631. </num> <heading>Claims filed with clerk; notice to executor or administrator; allowance or rejection</heading> <content>When a claim, accompanied by the affidavit required by this subchapter, is filed with the clerk of the court before being presented to the executor or administrator, the clerk shall immediately send written notice thereof to the executor or administrator, or his attorney. The clerk shall show in the notice the name of the claimant and the amount of the claim, and he may deliver it personally or mail it. The executor or administrator shall, in writing, allow or reject the claim, and shall file the allowance or rejection with the clerk. If he allows the claim, the clerk, immediately after the filing of the allowance, shall present the claim and the allowance to the judge, and at the same time shall indorse on the claim the date of presentation. The judge shall indorse upon the claim so filed his allowance or rejection, with the date thereof.</content> </section> <page identifier="/us/stat/76a/610">610</page> <section> <num value="1632">§ 1632. </num> <heading>Claims presented to executor or administrator; allowance or rejection</heading> <content>When a claim, accompanied by the affidavit required by this subchapter, is presented to the executor or administrator before filing, he shall indorse thereon his allowance or rejection, with the date thereof. If he allows the claim, it shall be presented to the judge for approval. The judge shall, in like manner, indorse upon the claim his approval or rejection. If the claim is approved, it shall be filed with the clerk within 30 days thereafter.</content> </section> <section> <num value="1633">§ 1633. </num> <heading>Failure to act on claim; presentation by notary; acting on timely claim after time</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If, where a claim has been filed without presentation, the executor or administrator refuses or neglects to file his allowance or rejection for 10 days after the claim has been filed, or if, where a claim has been presented before filing, the executor or administrator refuses or neglects to indorse his allowance or rejection for 10 days after the claim has been presented to him, or if the judge refuses or neglects to indorse his approval or rejection for 10 days after the claim has been presented to him, the refusal or neglect may, at the option of the claimant, be deemed equivalent to a rejection on the tenth day. If the claim is presented before filing by a notary, the certificate of the notary, under seal, is prima facie evidence of the presentation and the date thereof.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If a claim is filed with the clerk, or presented to the executor or administrator, before the expiration of the time limited for the filing or presentation of claims, the claim is filed or presented in time, though acted upon by the executor or administrator, and by the judge, after the expiration of the time for filing or presenting it.</content> </subsection> </section> <section> <num value="1634">§ 1634. </num> <heading>Status of allowed claims; contest of validity</heading> <content>Every claim allowed by an executor or administrator and approved by the judge shall be ranked among the acknowledged debts of the estate, to be paid in due course of administration; but the validity thereof may be contested by a person in interest, at any time prior to the settlement of the account of the executor or administrator in which it is first reported as an allowed and approved claim, unless established by a judgment against the executor or administrator.</content> </section> <section> <num value="1635">§ 1635. </num> <heading>Record of claims allowed</heading> <content>The clerk of the court shall enter in the appropriate book the date of allowance of each claim, together with the amount allowed.</content> </section> <section> <num value="1636">§ 1636. </num> <heading>Notice of rejection; action by claimant; time</heading> <content> <p class="indent0 firstIndent0 fontsize10">If a claim is rejected either by the executor or administrator, or the judge, written notice of the rejection shall be given by the executor or administrator to the holder of the claim or to the person filing or presenting it, and the holder may bring suit in the proper court against the executor or administrator within three months after the date of service of the notice if the claim is then due or within two months after it becomes due, otherwise the claim shall be forever barred.</p> <p class="indent0 firstIndent0 fontsize10">If it appears to the satisfaction of the court that the residence of the claimant is not known, the court shall by its order require the notice to be served on the claimant by filing with the clerk.</p> <p class="indent0 firstIndent0 fontsize10">The time during which there is a vacancy in the administration is not included in the limitations prescribed in this section for bringing action on the rejected claim.</p> </content> <page identifier="/us/stat/76a/611">611</page> </section> <section> <num value="1637">§ 1637. </num> <heading>Filing or presenting claim as prerequisite to action; exception</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Except as provided by subsection (b) of this section, a holder of a claim against an estate may not maintain an action thereon, unless the claim is first filed with the clerk, or presented to the executor or administrator.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>An action may be brought by the holder of a mortgage or lien to enforce it against the property of the estate subject thereto, where all recourse against any other property of the estate is expressly waived in the complaint, but counsel fees may not be recovered in the action unless the claim was first filed with the clerk, or presented to the executor or administrator.</content> </subsection> </section> <section> <num value="1638">§ 1638. </num> <heading>Partial allowance</heading> <content>The executor or administrator may allow a claim in part, in which case he shall state in his allowance the amount he is willing to allow. If the creditor refuses to accept the amount allowed in satisfaction of his claim, he may not recover costs in an action therefor brought against the executor or administrator, unless he recovers a greater amount than that allowed.</content> </section> <section> <num value="1639">§ 1639. </num> <heading>Reference; hearing and report; powers of master and court; effect</heading> <content>If the executor or administrator doubts the correctness of a claim presented to him or filed with the clerk, he may enter into an agreement in writing with the claimant to refer the matter in controversy to a disinterested person, to be approved by the court. Upon filing the agreement and approval of the court with the clerk, the clerk shall enter an order referring the matter in controversy to the person so selected, or, if the parties consent, a reference to a master may be had in the court. The master shall hear and determine the matter, and make his report thereon to the court. The same proceedings shall be had in all respects, and the master shall have the same powers, be entitled to the same compensation and subject to the same control, as in other cases of reference. The court may remove the master, appoint another in his place, set aside or confirm his report and adjudge costs, as in actions against executors or administrators, and the judgment of the court thereon is as valid and effectual, in all respects, as if it had been rendered in a suit commenced by ordinary process; but the report of the master, if confirmed, merely establishes or rejects the claim, as if it had been allowed or rejected by the executor or administrator and judge.</content> </section> <section> <num value="1640">§ 1640. </num> <heading>Liability of executor or administrator for costs</heading> <content>When a judgment is recovered, with costs, against an executor or administrator, he shall be individually liable for the costs, but they shall be allowed him in his administration accounts, unless it appears that the suit or proceeding in which the costs were taxed was prosecuted or defended without just cause.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Rules Governing Payment of Claims</heading> <section> <num value="1661">§ 1661. </num> <heading>Effect of judgment against executor or administrator</heading> <content>A judgment rendered against an executor or administrator, upon a claim for money against the estate of his testator or intestate, only establishes the claim in the same manner as if it had been allowed by the executor or administrator and the judge; and the judgment shall be that the executor or administrator pay, in due course of administration, the amount ascertained to be due. A certified transcript of the original docket of the judgment shall be filed among the papers of<page identifier="/us/stat/76a/612">612</page> the estate in court. An execution may not issue upon the judgment, and the judgment does not create a lien upon the property of the estate, or give to the judgment creditor a priority of payment.</content> </section> <section> <num value="1662">§ 1662. </num> <heading>Judgment against decedent; execution; filing as claim; levy before death; redemption</heading> <content>When a judgment has been rendered for or against the testator or intestate in his lifetime, an execution may not issue thereon after his death, except as provided by section 546 of Title 5. A judgment against the decedent for the recovery of money shall be filed with the clerk, or presented to the executor or administrator, in the same manner as other claims. If execution is actually levied upon any property of the decedent before his death, the property may be sold for the satisfaction thereof; and the officer making the sale shall account to the executor or administrator for any surplus in his hands. A judgment creditor having a judgment which was rendered against the testator or intestate in his lifetime, may redeem any real estate of the decedent from a sale under foreclosure, or execution, in like manner and with like effect as if the judgment debtor were still living.</content> </section> <section> <num value="1663">§ 1663. </num> <heading>Interest</heading> <content>A rate of interest greater than that allowed on judgments obtained in the district court may not be allowed upon a claim after its allowance by the executor or administrator and approval by the judge; and if the estate is insolvent, a greater rate of interest may not be paid upon a debt, from the time of the first publication of notice to creditors, than is allowed by law upon judgments. If a debt of the decedent bears interest, whether or not filed or presented, the executor or administrator may, by order of the court, pay the amount then accumulated and unpaid or any part thereof, at any time when there are sufficient funds properly applicable thereto, whether or not the claim is then due; and interest shall thereupon cease to accrue upon the amount so paid.</content> </section> <section> <num value="1664">§ 1664. </num> <heading>Writing as prerequisite to personal liability of executor or administrator</heading> <content>An executor or administrator is not chargeable upon a special promise to answer in damages or to pay the debts of the testator or intestate out of his own estate, unless the agreement for that purpose, or a memorandum or note thereof, is in writing and signed by the executor or administrator, or by another person specially authorized by him in writing.</content> </section> <section> <num value="1665">§ 1665. </num> <heading>Claimant not found; deposit with Government; receipt as voucher; final disposition if amount not claimed</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>When an estate is in all other respects ready to be closed, and it is made to appear to the satisfaction of the court, by affidavit or by evidence taken in open court, that an allowed and approved claim has not been and can not be paid because the claimant can not be found, the court shall make an order fixing the amount of the claim, with interest, if any, and directing the executor or administrator to deposit the amount with the Canal Zone Government. The officer of the Canal Zone Government who receives the deposit shall give a receipt for it and shall be liable upon his official bond therefor. The executor or administrator shall at once make the deposit in accordance with the order of court and shall forthwith proceed to close up and settle the estate. Upon the final settlement of his accounts, the receipt of the officer of the Canal Zone Government shall be deemed and received as a proper voucher for the payment of the claim, and shall have the same force and effect as if executed by the claimant.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A person claiming to be entitled to any amount deposited under this section may, within five years after the deposit, petition the court<page identifier="/us/stat/76a/613">613</page> for an order directing payment to the claimant. A copy of the petition shall be served on the Canal Zone Government and thereafter the amount may not be covered into the Treasury of the United States, as directed by subsection (c) of this section, until so ordered by the court.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If no one claims the amount, or if a claim is made and disallowed and the court so directs, the amount deposited devolves to the United States and shall be covered into the Treasury as miscellaneous receipts.</content> </subsection> </section> </subchapter> </chapter> <chapter> <num value="71">CHAPTER 71—</num><heading>RESORT TO ASSETS; SALES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1701.</designator> <label>Order of resort to estate for debts.</label></referenceItem> <referenceItem role="section"><designator>1702.</designator> <label>Order of sales for payment of debts.</label></referenceItem> <referenceItem role="section"><designator>1703.</designator> <label>Order of resort to estate for legacies.</label></referenceItem> <referenceItem role="section"><designator>1704.</designator> <label>Legacies, how charged with debts.</label></referenceItem> <referenceItem role="section"><designator>1705.</designator> <label>Order of abatement of legacies.</label></referenceItem> <referenceItem role="section"><designator>1706.</designator> <label>Sale of property to pay debts, legacies, family allowance, or expenses; selection.</label></referenceItem> <referenceItem role="section"><designator>1707.</designator> <label>Confirmation of sales.</label></referenceItem> <referenceItem role="section"><designator>1708.</designator> <label>Sale of perishable and depreciating property, and of personal property necessary to pay family allowance.</label></referenceItem> <referenceItem role="section"><designator>1709.</designator> <label>Sale of personal property at public auction or private sale; notice.</label></referenceItem> <referenceItem role="section"><designator>1710.</designator> <label>Partnership and pledged property interests; choses in action; duty of court.</label></referenceItem> </toc> <section> <num value="1701">§ 1701. </num> <heading>Order of resort to estate for debts</heading> <chapeau>The property of a testator, except as otherwise specially provided in this title, shall be resorted to for the payment of debts, in the following order:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>property which is expressly appropriated by the will for the payment of the debts;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>property not disposed of by the will;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>property which is devised or bequeathed to a residuary legatee;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>property which is not specifically devised or bequeathed; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>all other property ratably.</content> </paragraph> </section> <section> <num value="1702">§ 1702. </num> <heading>Order of sales for payment of debts</heading> <content>In making orders and sales for the payment of debts or family allowance, those articles that are not necessary for the support and subsistence of the family of the decedent, or are not specially bequeathed, shall be first sold.</content> </section> <section> <num value="1703">§ 1703. </num> <heading>Order of resort to estate for legacies</heading> <chapeau>The property of a testator, except as otherwise specially provided in this title, shall be resorted to for the payment of legacies, in the following order:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the property which is expressly appropriated by the will for the payment of the legacies;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>property not disposed of by the will;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>property which is devised or bequeathed to a residuary legatee; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>property which is specifically devised or bequeathed.</content> </paragraph> </section> <section> <num value="1704">§ 1704. </num> <heading>Legacies, how charged with debts</heading> <content>Legacies to spouse or kindred of any class are chargeable only after legacies to persons not related to the testator.</content> </section> <section> <num value="1705">§ 1705. </num> <heading>Order of abatement of legacies</heading> <content>Unless a different intention is expressed in the will, abatement takes place in any class only as between legacies of that class.</content> </section> <page identifier="/us/stat/76a/614">614</page> <section> <num value="1706">§ 1706. </num> <heading>Sale of property to pay debts, legacies, family allowance, or expenses; selection</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>In selling property to pay debts, legacies, family allowance or expenses, there is no priority as between personal and real property. When a sale of property of the estate is necessary for any such purpose, or when it is for the advantage, benefit, and best interests of the estate and those interested therein that property of the estate be sold, the executor or administrator may sell the property, using his discretion as to which property to sell first, except as provided by sections 1701–1703 of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The executor or administrator in making a sale pursuant to subsection (a) of this section may sell the entire interest of the estate in the property or any lesser interest or estate therein.</content> </subsection> </section> <section> <num value="1707">§ 1707. </num> <heading>Confirmation of sales</heading> <content>All sales of property shall be reported under oath to and be confirmed by the court, before the title to the property passes.</content> </section> <section> <num value="1708">§ 1708. </num> <heading>Sale of perishable and depreciating property, and of personal property necessary to pay family allowance</heading> <content>At any time after receiving letters, the executor, administrator, or special administrator may sell perishable and other personal property likely to depreciate in value, or which will incur loss or expense by being kept, and as much other personal property as may be necessary to provide the allowance made to the family of the decedent pending the receipt of other sufficient funds, and title shall pass without confirmation ; but the executor, administrator, or special administrator is responsible for the property unless, after making a sworn return, and on a proper showing, the court approves the sale.</content> </section> <section> <num value="1709">§ 1709. </num> <heading>Sale of personal property at public auction or private sale; notice</heading> <content>The sale of personal property may be made at public auction or private sale, for cash, and, except in the case of perishable property, after public notice given for at least 10 days by notices posted in three public places in the Canal Zone, or by purification in a newspaper of general circulation in the Canal Zone, or both, as the executor or administrator determines, containing the time and place of sale, and a brief description of the property to be sold. Public sales shall be made at the courthouse door, or at another public place, or at the residence of the decedent; but a sale may not be made of any personal property which is not present at the time of the sale, unless the court otherwise orders.</content> </section> <section> <num value="1710">§ 1710. </num> <heading>Partnership and pledged property interests; choses in action; duty of court</heading> <content>Partnership interests or interests belonging to an estate by virtue of a partnership formerly existing, interest in personal property pledged, and choses in action, may be sold in the same manner as other personal property, when it appears to be for the best interest of the estate. Before confirming the sale of a partnership interest, whether made to the surviving partner or to any other person, the court shall inquire into the condition of the partnership affairs, and shall examine the surviving partner, if in the Canal Zone and able to be present in court.</content> </section> </chapter> <page identifier="/us/stat/76a/615">615</page> <chapter> <num value="73">CHAPTER 73—</num><heading>NOTES, MORTGAGES, CONVEYANCES AND TRANSFERS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">borrowing money and mortgaging personal property</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1741.</designator> <label>Authorization to borrow money or mortgage personal property.</label></referenceItem> <referenceItem role="section"><designator>1742.</designator> <label>Petition; setting for hearing; notice.</label></referenceItem> <referenceItem role="section"><designator>1743.</designator> <label>Hearing; witnesses; order.</label></referenceItem> <referenceItem role="section"><designator>1744.</designator> <label>Execution of notes and instruments or security.</label></referenceItem> <referenceItem role="section"><designator>1745.</designator> <label>Effectiveness of obligations created under this subchapter.</label></referenceItem> <referenceItem role="section"><designator>1746.</designator> <label>Effect of irregularities.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">conveyances and transfers to complete contracts</inline></label></referenceItem> <referenceItem role="section"><designator>1771.</designator> <label>Authorization to complete contracts for sale or transfer.</label></referenceItem> <referenceItem role="section"><designator>1772.</designator> <label>Filing petition; setting time and place of hearing; notice.</label></referenceItem> <referenceItem role="section"><designator>1773.</designator> <label>Hearing; objections; order; compliance.</label></referenceItem> <referenceItem role="section"><designator>1774.</designator> <label>Rights of petitioner after dismissal.</label></referenceItem> <referenceItem role="section"><designator>1775.</designator> <label>Effect of conveyance or transfer.</label></referenceItem> <referenceItem role="section"><designator>1776.</designator> <label>Effect of recording copy of order.</label></referenceItem> <referenceItem role="section"><designator>1777.</designator> <label>Enforcement of order by other process.</label></referenceItem> <referenceItem role="section"><designator>1778.</designator> <label>Death of party entitled to conveyance or transfer.</label></referenceItem> <referenceItem role="section"><designator>1779.</designator> <label>Surrender of possession.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Borrowing Money and Mortgaging Personal Property</heading> <section> <num value="1741">§ 1741. </num> <heading>Authorization to borrow money or mortgage personal property</heading> <content>When it appears to be to the advantage of an estate under administration to borrow money upon a note or notes, either unsecured, or to be secured by a chattel mortgage or other lien upon the personal property of the decedent, or any part thereof, in order to pay the debts of the decedent, legacies, or expenses or charges of administration, or to pay, reduce, extend or renew a mortgage or lien already subsisting upon such personal property of the estate or a part thereof, and as often as occasion therefor arises in the administration of the estate, the court may, by order, authorize and direct the executor or administrator to borrow the money and to execute the note or notes, and, in the proper case, to execute the chattel mortgage or to give other security by way of pledge or other lien on the personal property. To obtain an order under this section, the proceedings to be taken and the effect thereof are as provided in this subchapter.</content> </section> <section> <num value="1742">§ 1742. </num> <heading>Petition; setting for hearing; notice</heading> <chapeau>A verified petition for an order pursuant to section 1741 of this title may be filed with the clerk of the court by the executor or administrator, or a person interested in the estate, showing:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the particular purpose for which the order is sought;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the necessity for, or the advantage to accrue from, the order;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the amount of money proposed to be raised;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the rate of interest, if any, to be paid;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the length of time the note or notes are to run; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>a general description of the property proposed to be mortgaged or subjected to other lien.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The clerk shall set the petition for hearing by the court and give notice thereof, including the posting of the notice, for the period and in the manner provided by section 1583 of this title.</continuation> </section> <section> <num value="1743">§ 1743. </num> <heading>Hearing; witnesses; order</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>At the time appointed by section 1742 of this title, the court, upon proof that notice of the hearing has been given, shall proceed to hear the petition and any objections thereto that may have been filed or presented. The court may compel the attendance of, and<page identifier="/us/stat/76a/616">616</page> the giving of testimony by, witnesses, in the same manner, and with like effect, as in other cases.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>If, after a hearing, the court is satisfied that it will be to the advantage of the estate, it shall make an order authorizing and directing the executor or administrator to borrow the money and to execute the note or notes, and, in a proper case, to execute the chattel mortgage, or to give other security by way of pledge or other lien, on personal property of the estate. The court, in its order, may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>direct that a lesser amount than that named in the petition be borrowed;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>prescribe the maximum rate of interest and period of the loan;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>require that the interest and the whole or any part of the principal be paid, from time to time, out of the whole estate or any part thereof.</content> </paragraph> </subsection> </section> <section> <num value="1744">§ 1744. </num> <heading>Execution of notes and instruments of security</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If the order issued pursuant to section 1743 of this title directs the execution of a chattel mortgage, pledge, or other lien, the executor or administrator shall execute and deliver a promissory note or notes for the amount and period specified in the order, and at not more than the maximum rate of interest specified in the order, and shall execute the mortgage, pledge, or other lien, setting forth therein that it is made by authority of the order, and giving the date of the order.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If the order issued pursuant to section 1743 of this title directs the negotiating of an unsecured loan, the executor or administrator shall execute and deliver a promissory note or notes, without security, for the amount and period specified in the order, and at not more than the maximum rate of interest specified in the order.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Instruments executed and delivered under this section shall be signed by the executor or administrator, as such, and shall create no personal liability against the person so signing.</content> </subsection> </section> <section> <num value="1745">§ 1745. </num> <heading>Effectiveness of obligations created under this subchapter</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A chattel mortgage, pledge, or other lien made and delivered under this subchapter is effectual to mortgage, pledge, or subject to lien all the right, title, and interest which the decedent had in the property described therein at the time of his death or prior thereto, and any right, title, or interest in the property acquired by the estate of the decedent by operation of law or otherwise, after his death.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Notes signed and delivered in the negotiation of an unsecured loan under this subchapter are effectual to create a valid obligation and debt against the estate of the decedent, and are payable out of the funds of the estate.</content> </subsection> </section> <section> <num value="1746">§ 1746. </num> <heading>Effect of irregularities</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>An irregularity in proceedings under this subchapter with respect to the borrowing of money upon a note or notes secured by a chattel mortgage, pledge, or other lien, does not impair or invalidate the proceedings or the notes and mortgage, pledge, or other lien given in the pursuance thereof, and, except as provided by subsection (b) of this section, the mortgagee, his heirs and assigns, possess the same right and remedies on the note or notes and mortgage, pledge, or other lien as if it had been made by the decedent prior to his death.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Upon a foreclosure, if the proceeds of the encumbered property are insufficient to pay the note or notes, and mortgage, pledge, or other lien, a judgment or claim for any deficiency of the proceeds to satisfy the obligation, or the costs or expenses of sale, may not be had or allowed, except in cases where the note or notes, mortgage, pledge, or other lien were given to pay, reduce, extend, or renew a mortgage or<page identifier="/us/stat/76a/617">617</page> lien subsisting on the property, or a part thereof, at the time of the death of the decedent, and the indebtedness secured by the mortgage or lien so subsisting was an allowed and approved claim against the estate, in which case the part of the indebtedness remaining unsatisfied shall be classed and paid with other demands against the estate, as provided by sections 1881–1887 of this title, with respect to mortgages and other liens subsisting at the time of death.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Conveyances and Transfers to Complete Contracts</heading> <section> <num value="1771">§ 1771. </num> <heading>Authorization to complete contracts for sale or transfer</heading> <content>When a person who is bound by contract in writing to convey any real estate, or to transfer any personal property, dies before making conveyance or transfer, and m all cases when the decedent, if living, might be compelled to make the conveyance or transfer, the court having jurisdiction of the probate proceedings of the estate of the decedent, may make a decree authorizing and directing the executor or administrator of the decedent to convey or transfer the real estate or personal property to the person entitled thereto.</content> </section> <section> <num value="1772">§ 1772. </num> <heading>Filing petition; setting time and place of hearing; notice</heading> <content>The executor or administrator, or a person claiming to be entitled to a conveyance or transfer, as referred to in section 1771 of this title, may file with the clerk of the court a verified petition, setting forth the facts upon which the claim is based. Thereupon, the clerk shall set the time and place for hearing of the petition by the court. Notice thereof shall be served on the executor or administrator personally, when he is not the petitioner, and shall be published at least once a week for four successive weeks before the hearing, in a newspaper of general circulation in the Canal Zone.</content> </section> <section> <num value="1773">§ 1773. </num> <heading>Hearing; objections; orders; compliance</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>At the time and place appointed for a hearing under this subchapter, or at such other time to which the hearing may be postponed, upon satisfactory proof by affidavit or otherwise, of the publication of the notice, the court shall proceed to hear the petition, and all persons interested in the estate may appear and contest it, by filing their objections in writing, and the court may examine, on oath, the petitioner and all who may be produced before him for that purpose.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If, after a full hearing upon the petition and objections and examination of the facts and circumstances of the claim, the court is satisfied that the conveyance of the real estate described in the petition to the party entitled thereto should be made, it shall make a decree authorizing and directing the executor or administrator to execute a conveyance thereof to the party entitled thereto.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The executor or administrator shall execute the conveyance or transfer according to the directions contained in the order; and the order is prima facie evidence of the correctness of the proceedings, and of the authority of the executor or administrator to make the conveyance or transfer.</content> </subsection> </section> <section> <num value="1774">§ 1774. </num> <heading>Rights of petitioner after dismissal</heading> <content>If, upon a hearing under this subchapter, the right of the petitioner to have a specific performance of the contract is found to be doubtful, the court shall dismiss the petition without prejudice to the rights of the petitioner, who may, at any time within six months after the dismissal, proceed by action to enforce a specific performance thereof.</content> </section> <page identifier="/us/stat/76a/618">618</page> <section> <num value="1775">§ 1775. </num> <heading>Effect of conveyance or transfer</heading> <content>Every conveyance or transfer made in pursuance of a decree as provided by this subchapter, passes title to the property contracted for, as fully as if the contracting party himself was still living, and executed the conveyance or transfer.</content> </section> <section> <num value="1776">§ 1776. </num> <heading>Effect of recording copy of order</heading> <content>A copy of a decree for a conveyance or transfer as provided in this subchapter, certified and recorded in the office of the registrar of property, gives the person entitled to the conveyance or transfer a right to the possession of the property contracted for, and to hold the property according to the terms of the intended conveyance or transfer, in like manner as if the property had been conveyed or transferred in pursuance of the decree.</content> </section> <section> <num value="1777">§ 1777. </num> <heading>Enforcement of order by other process</heading> <content>The recording of a decree, as provided by section 1776 of this title, does not prevent the court making the decree from enforcing it by other process.</content> </section> <section> <num value="1778">§ 1778. </num> <heading>Death of party entitled to conveyance or transfer</heading> <content>If the person entitled to the conveyance or transfer dies before the commencement of the proceedings therefor under this subchapter, or before the completion of the conveyance or transfer, a person entitled to succeed to his rights in the contract, or the executor or administrator of the decedent, may, for the benefit of the person so entitled, commence the proceedings or prosecute any proceedings already commenced, and the conveyance or transfer shall be so made as to vest the property in the person or persons entitled thereto, or in the executor or administrator, for their benefit.</content> </section> <section> <num value="1779">§ 1779. </num> <heading>Surrender of possession</heading> <content>The decree provided for in this subchapter may direct the possession of the property therein described to be surrendered to the person entitle thereto, upon his producing a certified copy of the decree, when, by the terms or the contract, possession is to be surrendered.</content> </section> </subchapter> </chapter> <chapter> <num value="75">CHAPTER 75—</num><heading>COMPENSATION AND ACCOUNTING</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">commissions and allowances</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1811.</designator> <label>Allowance of expenses and compensation; renunciation.</label></referenceItem> <referenceItem role="section"><designator>1812.</designator> <label>Compensation; apportionment.</label></referenceItem> <referenceItem role="section"><designator>1813.</designator> <label>Additional compensation for extraordinary services.</label></referenceItem> <referenceItem role="section"><designator>1814.</designator> <label>Invalidity of contracts for higher compensation.</label></referenceItem> <referenceItem role="section"><designator>1815.</designator> <label>Allowance upon commissions.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">attorneys’ fees</inline></label></referenceItem> <referenceItem role="section"><designator>1831.</designator> <label>Attorneys’ fees for ordinary or extraordinary services.</label></referenceItem> <referenceItem role="section"><designator>1832.</designator> <label>Allowance to attorney upon fees.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">rendering of exhibits and accounts</inline></label></referenceItem> <referenceItem role="section"><designator>1851.</designator> <label>Charges and credits of executor or administrator.</label></referenceItem> <referenceItem role="section"><designator>1852.</designator> <label>Accounting required by court; enforcement.</label></referenceItem> <referenceItem role="section"><designator>1853.</designator> <label>Accounting after period for presenting claims; final account; enforcement.</label></referenceItem> <referenceItem role="section"><designator>1854.</designator> <label>Accounting after authority revoked or ceases.</label></referenceItem> <referenceItem role="section"><designator>1865.</designator> <label>Revocation of letters.</label></referenceItem> <referenceItem role="section"><designator>1866.</designator> <label>Vouchers; production; withdrawal.</label></referenceItem> <referenceItem role="section"><designator>1857.</designator> <label>Setting day for settlement of account; notice; final settlement.</label></referenceItem> <referenceItem role="section"><designator>1858.</designator> <label>Exceptions to accounts; hearing; reference.</label></referenceItem> <referenceItem role="section"><designator>1860.</designator> <label>Jury trial of contested claims.</label></referenceItem> <referenceItem role="section"><designator>1860.</designator> <label>Debts paid without verified claims.</label></referenceItem> <referenceItem role="section"><designator>1861.</designator> <label>Failure to produce vouchers; lost vouchers; expenditures less than $20.</label></referenceItem> <referenceItem role="section"><designator>1862.</designator> <label>Settlement of account as conclusive.</label></referenceItem> <referenceItem role="section"><designator>1863.</designator> <label>Proof of notice of settlement of account.</label></referenceItem> <referenceItem role="section"><designator>1864.</designator> <label>Accounts of deceased executor or administrator.</label></referenceItem> <page identifier="/us/stat/76a/619">619</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">payment of debts, expenses, and charges</inline></label></referenceItem> <referenceItem role="section"><designator>1881.</designator> <label>Order of payment of debts, expenses, and charges.</label></referenceItem> <referenceItem role="section"><designator>1882.</designator> <label>Time for payment generally.</label></referenceItem> <referenceItem role="section"><designator>1883.</designator> <label>Order for payment of debts; dividends; discharge if estate exhausted.</label></referenceItem> <referenceItem role="section"><designator>1884.</designator> <label>Future, contingent, or disputed claims.</label></referenceItem> <referenceItem role="section"><designator>1885.</designator> <label>Personal liability after decree for payment; execution.</label></referenceItem> <referenceItem role="section"><designator>1886.</designator> <label>Claims omitted from account.</label></referenceItem> <referenceItem role="section"><designator>1887.</designator> <label>Closing or continuing administration after first distribution.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Commissions and Allowances</heading> <section> <num value="1811">§ 1811. </num> <heading>Allowance of expenses and compensation; renunciation</heading> <content>The executor or administrator shall be allowed all necessary expenses in the care, management, and settlement of the estate, and for his services the compensation provided by this chapter; but when the decedent, by his will, makes other provision for the compensation of the executor, that shall be a full compensation for his services, unless by a written instrument, filed in the court, he renounces all claims for compensation provided for in the will.</content> </section> <section> <num value="1812">§ 1812. </num> <heading>Compensation; apportionment</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The executor, when no compensation is provided by the will or he renounces all claim thereto, or the administrator, shall receive commissions upon the amount of estate accounted for by him, as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>first $1,000, at the rate of 7 percent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>next $9,000, at the rate of 5 percent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>next $40,000, at the rate of 3 percent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>next $100,000, at the rate of 2 percent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>next $350,000, at the rate of 1 1/2 percent; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>all above $500,000, at the rate of 1 percent.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>When the property of the estate is distributed in kind, and involves no labor beyond its custody and distribution, the commission shall be computed on all the estate above the value of $60,000 at one-half of the rates fixed in this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If there are two or more executors or administrators, the compensation shall be apportioned among them by the court according to the services actually rendered by each.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>When the executor or administrator is an attorney, he shall not be allowed to charge against the estate any professional fees, as such, for services rendered by himself.</content> </subsection> </section> <section> <num value="1813">§ 1813. </num> <heading>Additional compensation for extraordinary services</heading> <content>Such further allowances may be made as the court deems just and reasonable for any extraordinary services by the executor or administrator, but the total amount of such extra allowances may not exceed one-half of the amount of commissions allowed by section 1812 of this title.</content> </section> <section> <num value="1814">§ 1814. </num> <heading>Invalidity of contracts for higher compensation</heading> <content>A contract between an executor or an administrator and an heir, devisee, or legatee, for a higher compensation than that allowed by this chapter, is void.</content> </section> <section> <num value="1815">§ 1815. </num> <heading>Allowance upon commissions</heading> <content>At any time during the administration, and upon such notice to the persons interested in the estate as the court requires, an executor or administrator may apply to the court for an allowance to himself upon his commissions. On the hearing of the application the court snail make an order allowing him such portion of his commissions as the court deems proper. The portion so allowed may be thereupon charged against the estate.</content> </section> </subchapter> <page identifier="/us/stat/76a/620">620</page> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Attorneys’ Fees</heading> <section> <num value="1831">§ 1831. </num> <heading>Attorneys’ fees for ordinary or extraordinary services</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Attorneys for executors and administrators shall be allowed out of the estate as fees for conducting the ordinary probate proceedings such sum as the court deems reasonable which may not be in excess of the amounts allowed by subchapter I of this chapter as compensation for executors and administrators for their own services.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Such further allowance may be made as the court deems just and reasonable for extraordinary services such as sales or mortgages of real estate, contested or litigated claims against the estate, litigation in regard to the property of the estate, and such other litigation as may be necessary for the executor or administrator to prosecute or defend.</content> </subsection> </section> <section> <num value="1832">§ 1832. </num> <heading>Allowance to attorney upon fees</heading> <content>At any time during the administration, and upon such notice to the executor or administrator and to the persons interested in the estate as the court requires, an attorney who has rendered services to an executor or administrator may apply to the court for an allowance to himself upon his compensation. On the hearing of the application the court shall make an order requiring the executor or administrator to pay the attorney out of the estate such compensation on account of services rendered by the attorney up to the date of the order as the court deems proper, and the payment shall be made forthwith.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Rendering of Exhibits and Accounts</heading> <section> <num value="1851">§ 1851. </num> <heading>Charges and credits of executor or administrator</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Except as provided by this section, an executor or administrator is chargeable in his account with the whole of the estate of the decedent which may come into his possession at the value of the appraisement contained in the inventory, and with all the interest, profit, and income of the estate.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>An executor or administrator is not accountable for a debt due to the decedent which remains uncollected without his fault.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>An executor or administrator is not liable for the act or negligence of a coexecutor or coadministrator, except for collusion or gross negligence.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>An executor or administrator may not make profit by the increase, nor suffer loss by the decrease or destruction without his fault, of any part of the estate. He shall account for the excess when he sells any part of the estate for more than the appraisement, and if any is sold for less than the appraisement, he is not responsible for the loss, if the sale has been justly made.</content> </subsection> </section> <section> <num value="1852">§ 1852. </num> <heading>Accounting required by court; enforcement</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>When required by the court, either upon its own motion or upon the application of any person interested in the estate, the executor or administrator shall render and file with the clerk a verified account showing:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the amount of money received and expended by him;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the claims filed or presented against the estate, giving the name of each claimant, the nature of the claim, when it became due or will become due, and whether it was allowed or rejected by him, or not yet acted upon; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>all other matters necessary to show the condition of the estate.</content> </paragraph> </subsection> <page identifier="/us/stat/76a/621">621</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If an executor or administrator neglects or refuses to appear and render an account, after having been duly cited, an attachment may be issued against him and the accounting compelled, or his letters may be revoked, in the discretion of the court.</content> </subsection> </section> <section> <num value="1853">§ 1853. </num> <heading>Accounting after period for presenting claims; final account; enforcement</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Within 30 days after the time to file or present claims against the estate has expired, the executor or administrator shall render a full and verified account and report of his administration, which shall include all the matters referred to in section 1852 of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The executor or administrator shall render a final account, and pray settlement of his administration, when there are sufficient funds in his hands for the payment of all debts and the estate is in a proper condition to be closed.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If an executor or administrator fails to present his account, the court shall compel the accounting by attachment. Any person interested in the estate may apply for and obtain an attachment. An attachment may not issue unless a citation has first been issued, served, and returned, requiring the executor or administrator to appear and show cause why an attachment should not issue.</content> </subsection> </section> <section> <num value="1854">§ 1854. </num> <heading>Accounting after authority revoked or ceases</heading> <content>When the authority of an executor or administrator ceases or is revoked for any reason, he may be cited to account before the court, at the instance of the person succeeding to the administration of the estate, in like manner as he might have been cited by any person interested in the estate while he was executor or administrator.</content> </section> <section> <num value="1855">§ 1855. </num> <heading>Revocation of letters</heading> <content>If the executor or administrator resides out of the Canal Zone, or absconds, or conceals himself, so that the citation can not be personally served, and neglects to render an account within the time prescribed by this subchapter, or if he neglects to render an account within 30 days after being committed where an attachment has been executed, his letter shall be revoked.</content> </section> <section> <num value="1856">§ 1856. </num> <heading>Vouchers; production; withdrawal</heading> <content>In rendering his account, the executor or administrator shall produce and file vouchers for all charges, debts, claims, and expenses which he has paid, which shall remain in the court. When a voucher is required for other purposes, it may be withdrawn on leaving a certified copy on file; if a voucher is lost, or for other good reason can not be produced on the settlement, the payment may be proved by the oath of a competent witness.</content> </section> <section> <num value="1857">§ 1857. </num> <heading>Setting day for settlement of account; notice; final settlement</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>When an account is rendered for settlement, the clerk of the court shall appoint a day for the settlement thereof, and thereupon cause notices to be posted in at least three public places in the Canal Zone, setting forth the name of the estate, the executor or administrator, and the day appointed for the settlement of the account. If, upon the final hearing at the time of settlement, the court deems the notice insufficient from any cause, it may order such further notice to be given as it deems proper.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If the account referred to in subsection (a) of this section is for a final settlement and a petition for the final distribution of the estate is filed with the account, the notice of settlement shall state those facts, which notice shall be given by posting or publication for at least 10 days prior to the day of settlement. On the settlement of the account, distribution and partition of the estate to all entitled thereto may be immediately had without further notice or proceedings.</content> </subsection> </section> <page identifier="/us/stat/76a/622">622</page> <section> <num value="1858">§ 1858. </num> <heading>Exceptions to account; hearing; referees</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>On the day appointed, or any subsequent day to which the hearing may be postponed by the court, a person interested in the estate may appear and file written exceptions to the account, and contest it.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Upon the hearing, the executor or administrator may be examined on oath touching the account and the property and effects of the decedent, and the disposition thereof.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>All matters, including allowed claims not passed upon on the settlement of any former account, or on making a decree of sale, may be contested for cause shown.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The hearing and allegations of the respective parties may be postponed from time to time, when necessary.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>The court may appoint one or more masters to examine the accounts, and make report thereon, subject to confirmation; and may allow a reasonable compensation to the masters to be paid out of the estate of the decedent.</content> </subsection> </section> <section> <num value="1859">§ 1859. </num> <heading>Jury trial of contested claims</heading> <content>When an allowed claim is contested by any person entitled to contest it, either the contestant or the claimant is entitled to a trial by jury of the issues of fact presented by the contest. At the request of either party, the court shall call a jury and submit the issues to them. After receiving the verdict, the court shall enter an order disposing of the contest in accordance therewith.</content> </section> <section> <num value="1860">§ 1860. </num> <heading>Debts paid without verified claims</heading> <content>If it appears that debts of the decedent have been paid without verified claims having been filed or presented and allowed and approved, and it is proved by competent evidence to the satisfaction of the court that the debts were justly due, were paid in good faith, that the amount paid was the true amount of the indebtedness over and above all payments or setoffs, and that the estate is solvent, the court shall allow the sums so paid in settling the account.</content> </section> <section> <num value="1861">§ 1861. </num> <heading>Failure to produce vouchers; lost vouchers; expenditures less than $20</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If it appears by the oath to the account, and is proven by competent evidence to the satisfaction of the court, that a voucher for a disbursement has been lost or destroyed; that it is impossible to obtain a duplicate thereof; that the item was paid in good faith and for the best interests of the estate; and that the item was a legal charge against the estate, the executor or administrator shall be allowed the item.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>On the settlement of his account, an executor or administrator may be allowed any item of expenditure not exceeding $20, for which a voucher is not produced, if the item is supported by his uncontradicted oath positive to the fact of payment, specifying when, where, and to whom it was made; but such allowances in the whole may not exceed $500 against any one estate.</content> </subsection> </section> <section> <num value="1862">§ 1862. </num> <heading>Settlement of account as conclusive</heading> <content>The settlement of the account and the allowance thereof by the court, or upon appeal, is conclusive against all persons interested in the estate, saving, however, to all persons laboring under legal disability, the right to move for cause to reopen and examine the account, or to proceed by action against the executor or administrator, either individually or upon his bond, at any time before final distribution ; and in an action brought by any such person, the allowance and settlement of the account is prima facie evidence of its correctness.</content> </section> <page identifier="/us/stat/76a/623">623</page> <section> <num value="1863">§ 1863. </num> <heading>Proof of notice of settlement of account</heading> <content>The account may not be allowed by the court until it is first proved that notice has been given as required by this chapter, and the decree shall show that the proof was made to the satisfaction of the court, and is conclusive evidence of the fact.</content> </section> <section> <num value="1864">§ 1864. </num> <heading>Accounts of deceased executor or administrator</heading> <content>If an executor or administrator dies, his accounts may be presented by his personal representative to, and settled by, the court in which the estate of which he was executor or administrator was being administered. Upon petition of the successor of the deceased executor or administrator, the court may compel the personal representative of the deceased executor or administrator to render an account of the administration of his testator or intestate, and the court shall settle the account as in other cases.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Payment of Debts, Expenses, and Charges</heading> <section> <num value="1881">§ 1881. </num> <heading>Order of payment of debts, expenses, and charges</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The debts of the decedent, the expenses of administration, and the charges against the estate shall be paid in the following order:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>expenses of administration;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>funeral expenses;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>expenses of the last sickness;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>family allowance;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>debts due to the United States;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>mortgages and other liens, in the order of their priority, as far as they may be paid out of the proceeds of the encumbered property;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>judgments rendered against the decedent in his lifetime, in the order of their date;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>all other demands against the estate.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The preference given in subsection (a) of this section to a mortgage or lien extends only to the proceeds of the property subject to the mortgage or lien. If the proceeds of the property are insufficient to pay the mortgage or lien, the part remaining unsatisfied shall be classed with general demands against the estate.</content> </subsection> </section> <section> <num value="1882">§ 1882. </num> <heading>Time for payment generally</heading> <content>As soon as he has sufficient funds in his hands, the executor or administrator shall pay the funeral expenses, the expenses of the last sickness, and the family allowance. He may retain in his hands the necessary expenses of administration. He is not obliged to pay any other debt or any legacy until, as prescribed by this subchapter, the payment has been ordered by the court.</content> </section> <section> <num value="1883">§ 1883. </num> <heading>Order for payment of debts; dividends; discharge if estate exhausted</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Upon the settlement of an account of the executor or administrator rendered pursuant to section 1853(a) of this title after the time to file or present claims has expired, the court shall order the payment of the debts, as the circumstances of the estate permit.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If there are not sufficient funds in the hands of the executor or administrator to pay all the debts, the court shall specify in the decree the sum to be paid to each creditor. A creditor of one class may not receive any payment until all those of the preceding class are fully paid. If the estate is insufficient to pay all the debts of a class, each creditor of that class shall be paid a dividend in proportion to his claim.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If the property of the estate is exhausted by the payment ordered, the account shall be considered as a final account, and the<page identifier="/us/stat/76a/624">624</page> executor or administrator is entitled to his discharge on producing and filing the necessary vouchers and proofs showing that the payments have been made, and that he has fully complied with the decree.</content> </subsection> </section> <section> <num value="1884">§ 1884. </num> <heading>Future, contingent, or disputed claims</heading> <content>Where there is a claim not due, or a contingent or disputed claim against the estate, the amount thereof, or such part as the holder would be entitled to if the claim were due, established, or absolute, shall be paid into court, and there remain, to be paid over to the party when he becomes entitled thereto; or, if he fails to establish his claim, to be paid over or distributed as the circumstances of the estate require. If a creditor whose claim has been allowed, but is not yet due, appears and assents to a deduction therefrom of the legal interest for the time the claim has yet to run, he is entitled to be paid accordingly. The payments provided for in this section may not be made when the estate is insolvent, unless a pro rata distribution is ordered.</content> </section> <section> <num value="1885">§ 1885. </num> <heading>Personal liability after decree for payment; execution</heading> <content>When a decree is made for the payment of creditors, the executor or administrator is personally liable to each creditor for his allowed claim, or the dividend thereon, and execution may be issued on the decree, as upon a judgment, in favor of each creditor, and the same proceeding may be had under the execution as under execution in other cases. The executor or administrator is liable therefor on his bond to each creditor.</content> </section> <section> <num value="1886">§ 1886. </num> <heading>Claims omitted from account</heading> <content>When the accounts of the executor or administrator have been settled, and an order made for the payment of debts and distribution of the estate, a creditor whose claim was not included in the order for payment may not call upon the creditors who have been paid, or upon the heirs, devisees, or legatees to contribute to the payment of his claim; but if the executor or administrator has failed to give the notice to the creditors prescribed by law, the creditor may recover on the bond of the executor or administrator the amount for which his claim would properly have been allowed. This section does not apply to a creditor whose claim was not due 10 months before the day of settlement, or whose claim was contingent and did not become absolute 10 months before that day.</content> </section> <section> <num value="1887">§ 1887. </num> <heading>Closing or continuing administration after first distribution</heading> <content>If all the debts have been paid by the first distribution, the court shall direct the payment of legacies and the distribution of the estate among the persons entitled, as provided by chapter 77 of this title; but if there are debts renaming unpaid, or if, for other reasons, the estate is not in a condition to be closed, the court shall give such extension of time as may be reasonable for a final settlement of the estate.</content> </section> </subchapter> </chapter> <chapter> <num value="77">CHAPTER 77—</num><heading>DISTRIBUTION AND DISCHARGE</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">preliminary distribution</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1921.</designator> <label>Petition for payment of legacies or shares.</label></referenceItem> <referenceItem role="section"><designator>1922.</designator> <label>Hearing; order; bond.</label></referenceItem> <referenceItem role="section"><designator>1923.</designator> <label>Order for payment of bond; action on bond.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">final distribution</inline></label></referenceItem> <referenceItem role="section"><designator>1951.</designator> <label>Final distribution generally.</label></referenceItem> <referenceItem role="section"><designator>1952.</designator> <label>Petition; notice of hearing; contest; partition.</label></referenceItem> <referenceItem role="section"><designator>1953.</designator> <label>Decree of distribution; finality.</label></referenceItem> <referenceItem role="section"><designator>1954.</designator> <label>Supplementary account of executor or administrator.</label></referenceItem> <referenceItem role="section"><designator>1955.</designator> <label>Death of unmarried minor heir, devisee, or legatee.</label></referenceItem> <referenceItem role="section"><designator>1956.</designator> <label>Death of heir, devisee, or legatee before distribution.</label></referenceItem> <referenceItem role="section"><designator>1957.</designator> <label>Testamentary limitation of time for administration.</label></referenceItem> <referenceItem role="section"><designator>1958.</designator> <label>Estates of nonresidents; delivery of property to State of residence.</label></referenceItem> <page identifier="/us/stat/76a/625">625</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">advancements and ademptions</inline></label></referenceItem> <referenceItem role="section"><designator>1981.</designator> <label>Gifts before death.</label></referenceItem> <referenceItem role="section"><designator>1982.</designator> <label>Advancement as part of estate; deduction from share.</label></referenceItem> <referenceItem role="section"><designator>1983.</designator> <label>Value of advancement.</label></referenceItem> <referenceItem role="section"><designator>1984.</designator> <label>Death of heir before decedent.</label></referenceItem> <referenceItem role="section"><designator>1985.</designator> <label>Determination of questions as to advancements.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">discharge</inline></label></referenceItem> <referenceItem role="section"><designator>2001.</designator> <label>Distributee who can not be found, refuses to accept, or is minor or incompetent.</label></referenceItem> <referenceItem role="section"><designator>2002.</designator> <label>Agent for nonresident distributee.</label></referenceItem> <referenceItem role="section"><designator>2003.</designator> <label>Specific legacy for life only; inventory.</label></referenceItem> <referenceItem role="section"><designator>2004.</designator> <label>Final settlement, decree, and discharge.</label></referenceItem> <referenceItem role="section"><designator>2005.</designator> <label>Letters after final settlement; after discovered property.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading>Preliminary Distribution</heading> <section> <num value="1921">§ 1921. </num> <heading>Petition for payment of legacies or shares</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>At any time after four months from the issuing of letters testamentary or of administration, an heir, devisee, or legatee, or an assignee, grantee, or successor in interest thereof, may petition the court for the legacy or share of the estate to which he is entitled, or any portion thereof, to be given to him upon his giving bond, with security, for the payment of his proportion of the debts of the estate.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Notice of the application shall be given to the executor or administrator, personally, and to all persons interested in the estate, in the same manner that notice is required to be given of the settlement of the account of an executor or administrator.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The executor or administrator, or any person interested in the estate, may appear at the time named and resist the application.</content> </subsection> </section> <section> <num value="1922">§ 1922. </num> <heading>Hearing; order; bond</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If it appears at the hearing that the estate is but little indebted, and that the share of the petitioner may be allowed to him without loss to the creditors of the estate, the court shall make an order requiring the executor or administrator to deliver to the petitioner the whole portion of the estate to which he may be entitled, or only such part thereof as the court may designate, upon receiving a bond executed by the petitioner, in a sum fixed by the court and with sureties approved by the court, payable to the executor or administrator, and conditioned for the payment, whenever required, of his proportion of the debts due from the estate, not exceeding the value or amount of the legacy or portion of the estate to which he is entitled. If the time for filing or presenting claims has expired, and all claims that have been allowed have been paid or are secured by mortgage upon real estate sufficient to pay them, and the court is satisfied that no injury can result to the estate, the court may dispense with the bond.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>In the execution of the order, if a partition is necessary between two or more of the parties interested, it shall be made in the manner prescribed by chapter 81 of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The costs of the proceedings shall be paid by the petitioner, or if there are more than one, shall be apportioned equally among them.</content> </subsection> </section> <section> <num value="1923">§ 1923. </num> <heading>Order for payment of bond; action on bond</heading> <content>When a bond has been executed and delivered pursuant to section 1922 of this title, and the settlement of the estate requires the payment of part of the money thereby secured, the executor or administrator shall petition the court for an order requiring the payment, and have a citation issued and served on the party bound, requiring him to appear and show cause why the order should not be made. At the hearing, if satisfied of the necessity of the payment,<page identifier="/us/stat/76a/626">626</page> the court shall make an order accordingly, designating the amount and giving a time within which it shall be paid. If the money is not paid within the time allowed, an action may be maintained by the executor or administrator on the bond.</content> </section> <section> <num value="1924">§ 1924. </num> <heading>Ratable distribution</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>When the time for filing or presenting claims has expired, and all claims that have been allowed have been paid, or are secured by a mortgage upon real estate sufficient to pay them, and the estate is not in a condition to be finally closed and distributed, the executor or administrator may petition the court for ratable payment of the legacies, or ratable distribution of the estate to all the heirs, legatees, devisees, or their assignees, grantees, or successors in interest.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Notice of the application shall be given to all persons interested in the estate, in the same manner that notice is required to be given of the settlement of the account of an executor or administrator.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Any person interested in the estate may appear at the time named and resist the application.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>If it appears at the hearing that the allegations of the petition are true, and the court is satisfied that no injury can result to the estate by granting the petition, the court shall make an order directing the executor or administrator to deliver to the heirs, legatees, devisees, or to their assigns, grantees, or successors in interest, the whole portion of the estate to which they may be entitled or such portion of the estate as the court may designate.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>In the execution of the order, if a partition is necessary between two or more of the parties interested, it shall be made in the manner prescribed by chapter 81 of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content>The costs of the proceedings under this section shall be paid by the estate, except that if a partition is necessary, the costs of the partition shall be apportioned among the parties interested in the partition.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading>Final Distribution</heading> <section> <num value="1951">§ 1951. </num> <heading>Final distribution generally</heading> <content>Upon the final settlement of the accounts of the executor or administrator, or at any subsequent time, upon the application of the executor or administrator, or of any heir, legatee, devisee (or his assignee, grantee, or successor in interest), the court shall proceed to distribute the residue of the estate in the hands of the executor or administrator, if any, among the persons who by law are entitled thereto.</content> </section> <section> <num value="1952">§ 1952. </num> <heading>Petition; notice of hearing; contest; partition</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The order or decree pursuant to section 1951 of this title may be made on the petition of the executor or administrator, or of any person interested in the estate.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>When the petition is filed the clerk of the court shall set the petition for hearing by the court, and cause a notice to be posted at the courthouse where the court is held, setting forth the name of the estate, the executor or administrator, and the time appointed for the hearing of the petition. If, upon the hearing of the petition, the court deems the notice insufficient from any cause, it may order such further notice to be given as it deems proper.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>At the time fixed for the hearing, or to which the hearing may be postponed, any person interested in the estate may appear and contest the petition by filing written objections thereto.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>If partition is applied for, the decree of distribution does not divest the court of jurisdiction to order partition, unless the estate is finally closed.</content> </subsection> </section> <page identifier="/us/stat/76a/627">627</page> <section> <num value="1953">§ 1953. </num> <heading>Decree of distribution; finality</heading> <content>In the order or decree of distribution, the court shall name the persons and the proportions or parts to which each shall be entitled, and they may demand, sue for, and recover their respective shares from the executor or administrator, or any person having the same in possession. The order or decree is conclusive as to the rights of heirs, legatees, or devisees.</content> </section> <section> <num value="1954">§ 1954. </num> <heading>Supplementary account of executor or administrator</heading> <content>A statement of any receipts and disbursements of the executor or administrator, since the rendition of his final account, shall be reported and filed at the time of making the distribution. A settlement thereof, together with an estimate of the expenses of closing the estate, shall be made by the court and include in the order or decree, or the court may order notice of the settlement of the supplementary account, and refer the same as in other causes of the settlement of accounts.</content> </section> <section> <num value="1955">§ 1955. </num> <heading>Death of unmarried minor heir, devisee, or legatee</heading> <content>If an heir, devisee, or legatee who is issue of the decedent dies intestate while under age and not having been married, before the close of the administration, administration on the estate of the deceased heir, devisee, or legatee is not necessary, but his share of his ancestor’s estate shall be distributed directly to heirs at law.</content> </section> <section> <num value="1956">§ 1956. </num> <heading>Death of heir, devisee, or legatee before distribution</heading> <content>If an heir, legatee, or devisee of an estate dies before the distribution to him of any part of the estate, the property to which he might be entitled, if living, becomes a part of his estate and it may be distributed to the representative of his estate for the purpose of administration therein, with the same effect as if distributed to him while living.</content> </section> <section> <num value="1957">§ 1957. </num> <heading>Testamentary limitation of time for administration</heading> <content>When a testator, by his will, has limited the time for administration upon his estate, the limitation is directory only, and does not limit the power of the executor or of the court to continue the administration beyond the time limited where this is necessary or convenient.</content> </section> <section> <num value="1958">§ 1958. </num> <heading>Estates of nonresidents; delivery of property to State of residence</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Upon application for distribution after final settlement of the accounts of administration, if the decedent was a nonresident of the Canal Zone, leaving a will which has been duly proved or allowed in the State of his residence, and an authenticated copy thereof has been admitted to probate in the Canal Zone, or if he died intestate, and an administrator has been duly appointed and qualified in the State of his residence, and it is necessary in order that the estate, or any part thereof, may be distributed according to the will, or if the court is satisfied that it is for the best interests of the estate, that the estate in the Canal Zone should be delivered to the executor or administrator in the State of the decedent’s residence, the court may order the delivery to be made, and, if necessary, order a sale of the real estate, and a like delivery of the proceeds. Sales of real estate, ordered by virtue of this section, shall be made in the same manner as other sales of real estate of decedents by order of the court.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The delivery, in accordance with the order of the court under this section, is a full discharge of the executor or administrator with the will annexed or administrator in the Canal Zone in relation to all property embraced in the order, which binds and concludes all parties in interest.</content> </subsection> </section> <page identifier="/us/stat/76a/628">628</page> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading>Advancements and Ademptions</heading> <section> <num value="1981">§ 1981. </num> <heading>Gifts before death</heading> <content>A gift before death shall be considered as an ademption of a bequest or devise of the property given; but a gift before death may not be taken as an advancement to an heir or as an ademption of a general legacy unless such intention is expressed by the donor in the grant or otherwise in writing, or unless the donee acknowledges it in writing to be such.</content> </section> <section> <num value="1982">§ 1982. </num> <heading>Advancement as part of estate; deduction from share</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Property given by the decedent in his lifetime as an advancement to an heir is a part of the estate of the decedent for the purposes of division and distribution thereof among his heirs, and shall be taken by the heir toward his share of the estate of the decedent.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If the amount of the advancement exceeds the share of the heir receiving it, he shall be excluded from further portion in the division and distribution of the estate, but he may not be required to refund any part of the advancement. If the amount so received is less than his share, he is entitled to as much more as will give him his full share of the estate of the decedent.</content> </subsection> </section> <section> <num value="1983">§ 1983. </num> <heading>Value of advancement</heading> <content>If the value of the property advanced is expressed in the grant, or in the charge thereof made by the decedent, or in the acknowledgment of the party receiving it, it shall be held as of that value in the division and distribution of the estate; otherwise, it shall be estimated according to its value when given, as nearly as the same can be ascertained.</content> </section> <section> <num value="1984">§ 1984. </num> <heading>Death of heir before decedent</heading> <content>If an heir receiving an advancement dies before the decedent, leaving heirs, the advancement shall be taken into consideration in the division and distribution of the estate, and the amount thereof shall be allowed accordingly by the representatives of the heirs receiving the advancement, in like manner as if the advancement had been made directly to them.</content> </section> <section> <num value="1985">§ 1985. </num> <heading>Determination of questions as to advancements</heading> <content>All questions as to advancements made, or alleged to have been made, by the decedent to his heirs, may be heard and determined by the court, and shall be specified in the decree assigning and distributing the estate. The final judgment or decree of the court is binding on all parties interested in the estate.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading>Discharge</heading> <section> <num value="2001">§ 2001. </num> <heading>Distributee who can not be found, refuses to accept, or is minor or incompetent</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>When property consisting wholly or partly of money is distributed by a judgment or decree of the court as provided in this chapter to a person who:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>can not be found and whose place of residence is unknown;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>refuses to accept the property or to give a proper voucher therefor; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>is a minor or incompetent person and has no legal guardian to receive the property or person authorized to receipt therefor—</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">the executor or administrator snail deposit the money, in the name of the distributee, with the Canal Zone Government. The officer of the Canal Zone Government who receives the deposit shall give a receipt for it and shall be liable on his official bond therefor. The receipt<page identifier="/us/stat/76a/629">629</page> shall be deemed and received by the court as a voucher in favor of the executor or administrator, with the same force and effect as if executed by the assignee or distributee.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A person claiming to be entitled to an amount deposited under this section may, within five years after the deposit, petition the court for an order directing payment to him. A copy of the petition shall be served on the Canal Zone Government and thereafter the amount may not be covered into the Treasury of the United States, as directed by subsection (c) of this section until so ordered by the court.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If no one claims the amount, or if a claim is made and disallowed and the court so directs, the amount deposited devolves to the United States and shall be covered into the Treasury as miscellaneous receipts.</content> </subsection> </section> <section> <num value="2002">§ 2002. </num> <heading>Agent for nonresident distributee</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>When property is assigned or distributed, by a judgment or decree of the court as provided in this chapter, to a person residing out of and having no agent in the Canal Zone, and it is necessary that a person should be authorized to take charge of the property for the benefit of the absent person, the court may appoint an agent for that purpose and authorize him to take charge of the property, as well as to act for the absent person in the distribution.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The agent shall execute a bond to the Government of the Canal Zone, to be approved by the court, conditioned that he shall faithfully manage and account for the property. The court may allow him a reasonable sum out of the profits of the property for his services and expenses.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>When personal property remains in the hands of the agent unclaimed for a year and it appears to the court that it is for the benefit of those interested, it shall be sold under the order of the court, and the proceeds after deducting the expenses of the sale, allowed by the court, shall be paid to the Canal Zone Government. When the payment is made, the agent shall take from the officer to whom it is made a receipt, which he shall file in the court. Where an agent has money in his hands as such agent, and it appears to the court upon the settlement of his account as agent that the balance remaining in his hands should be paid to the Canal Zone Government, the court may direct the payment and upon the agent’s filing the proper receipt showing the payment the court shall enter an order discharging the agent and his sureties from all liability therefor. All such funds shall be held and disposed of by the Canal Zone Government in the manner provided by section 2001 of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <chapeau>The agent shaft render to the court an annual account, showing:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the value and character of the property received by him, what portion thereof is still on hand, what sold, and for what;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the income derived therefrom; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>expenses incurred in the care, protection, and management thereof, and whether paid or unpaid.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>When filed the court may examine witnesses and take proofs in regard to the account; and if satisfied that it will be for the benefit and advantage of the persons interested therein the court may order sale to be made of the whole or such parts of the real or personal property as appears to be proper, and the proceeds to be deposited with the Canal Zone Government.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content>The agent is liable on his bond for the preservation of the property while in his hands, and for the payment of the proceeds of the sale as required in this section, and may be sued thereon by any person interested.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <content>When a person appears and claims the money paid to the Canal Zone Government, the court making the distribution shall inquire<page identifier="/us/stat/76a/630">630</page> into the claim, and, being first satisfied of his right thereto, shall grant him a certificate to that effect, under its seal. Upon the presentation of the certificate, the Canal Zone Government shall pay the amount thereof to the claimant.</content> </subsection> </section> <section> <num value="2003">§ 2003. </num> <heading>Specific legacy for life only; inventory</heading> <content>Where a specific legacy is for life only, the first legatee shall sign and deliver to the second legatee, or, if there is none, to the personal representative, an inventory of the property, expressing that it is in his custody for life only, and that, on his decease, it is to be delivered and to remain to the use and for the benefit of the second legatee, or to the personal representative, as the case may be.</content> </section> <section> <num value="2004">§ 2004. </num> <heading>Final settlement, decree, and discharge</heading> <content>When the estate has been fully administered, and it is shown by the executor or administrator, by the production of satisfactory vouchers, that he has paid all sums of money due from him, and delivered, under the order of the court, all the property of the estate to the parties entitled, and performed all the acts lawfully required of him, the court shall make a judgment or decree discharging him from all liability to be incurred thereafter.</content> </section> <section> <num value="2005">§ 2005. </num> <heading>Letters after final settlement; after discovered property</heading> <content>The final settlement of an estate, as provided in this chapter, does not prevent a subsequent issue of letters testamentary or of administration, or of administration with the will annexed, if other property of the estate is discovered, or if it becomes necessary or proper for any cause that letters should be again issued.</content> </section> </subchapter> </chapter> <chapter> <num value="79">CHAPTER 79—</num><heading>DETERMINATION OF HEIRSHIP</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">determination of heirship in administration of estate</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2041.</designator> <label>Petition to determine heirship; notice.</label></referenceItem> <referenceItem role="section"><designator>2042.</designator> <label>Filing of appearance; default.</label></referenceItem> <referenceItem role="section"><designator>2043.</designator> <label>Pleadings; trial.</label></referenceItem> <referenceItem role="section"><designator>2044.</designator> <label>Decree determining rights; conclusiveness; costs.</label></referenceItem> <referenceItem role="section"><designator>2045.</designator> <label>Attorney for minors.</label></referenceItem> <referenceItem role="section"><designator>2046.</designator> <label>Determination of heirship at final distribution.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">separate proceeding to determine heirship</inline></label></referenceItem> <referenceItem role="section"><designator>2071.</designator> <label>Establishment of identity of heirs.</label></referenceItem> <referenceItem role="section"><designator>2072.</designator> <label>Notice of hearing.</label></referenceItem> <referenceItem role="section"><designator>2073.</designator> <label>Answer; hearing; decree.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Determination of Heirship in Administration of Estate</heading> <section> <num value="2041">§ 2041. </num> <heading>Petition to determine heirship; notice</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>At any time prior to the decree of final distribution, the executor or administrator, or any person claiming to be heir to the deceased, or entitled to distribution in whole or in part of the estate, may file a petition, praying the court to ascertain and declare the rights of all persons to the estate and all interests therein, and to whom distribution thereof should be made.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Upon the filing of the petition, the court shall make an order directing service of notice to all persons interested in the estate to appear and show cause, on a day to be therein named, not less than 60 days nor more than 4 months from the date of the order. The notice shall set forth the name of the deceased, the name of the executor or administrator, the names of all persons who may have appeared claiming an interest in the estate in the course of the administration up to the time of the making of the order, and<page identifier="/us/stat/76a/631">631</page> such other persons as the court directs, and also a description of the real estate whereof the deceased died seised or possessed, so far as known, described with certainty to a common intent. The notice shall require all these persons, and all persons named or not named having or claiming an interest in the estate of the deceased, at the time and place specified in the order, to appear and exhibit to the court their respective claims of heirship, ownership, or interest in the estate.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The notice shall be served in the same manner as a summons in a civil action. Upon proof of service, by affidavit or otherwise, to the satisfaction of the court, the court thereupon acquires jurisdiction to ascertain and determine the heirship, ownership, and interest of all parties in and to the property of the deceased, and the determination is final and conclusive in the administration of the estate, and the title and ownership of the property. The court shall enter an order or decree establishing proof of the service of the notice.</content> </subsection> </section> <section> <num value="2042">§ 2042. </num> <heading>Filing of appearance; default</heading> <content>Persons appearing within the time limited in the order provided by section 2041 of this title shall file their written appearance in person or through their authorized attorney, the attorney filing at the same time written evidence of his authority to appear. Entry of the appearance shall be made in the records of the court. After the expiration of the time limited for appearing, the court shall enter an order adjudging the default of persons who have not appeared.</content> </section> <section> <num value="2043">§ 2043. </num> <heading>Pleadings; trial</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Within 20 days after the date of the order or decree of the court establishing proof of service of the notice referred to in section 2041 of this title, a person so appearing may file his complaint, setting forth the facts constituting his claim to heirship, ownership, or interest in the estate, with such reasonable particularity as the court may require. He shall serve a copy of the complaint upon each of the parties or their attorneys who have entered their written appearance, if they reside within the Canal Zone; and, if any of them does not reside within the Canal Zone, service of copies of the complaint shall be made upon the clerk of court for them, and the clerk shall forthwith mail the copies to the address of each such party or attorney who has left with the clerk his address.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Within 20 days after the service of the complaint, the parties may plead thereto, and thereafter the same proceedings shall be had upon the complaint as in an ordinary civil action; and the issues of law and of fact arising in the proceedings shall be disposed of in like manner as issues of law and fact in civil actions; and the provisions regulating the mode of procedure for the trial of civil actions are applicable thereto.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The party filing the petition, if he files a complaint, and, if not, the party first filing a complaint shall, in all subsequent proceedings, be treated as the plaintiff therein, and all other parties so appearing shall be treated as the defendants, and all the defendants shall set forth in their respective answers the facts constituting their claim of heirship, ownership, or interest in the estate, with such particularity as the court may require, and serve a copy thereof on the plaintiff.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Evidence in support of all issues may be taken orally or by deposition, in the same manner as in civil actions. Notice of the taking of depositions shall be served only upon the parties, or the attorneys of the parties, who have appeared in the proceeding.</content> </subsection> </section> <section> <num value="2044">§ 2044. </num> <heading>Decree determining rights; conclusiveness; costs</heading> <content> <p class="indent0 firstIndent0 fontsize10">The court shall enter a default of persons failing to appear, plead, or prosecute or defend their rights as aforesaid. Upon the<page identifier="/us/stat/76a/632">632</page> trial of the issues arising upon the pleadings, the court shall determine the heirship to the deceased, the ownership of his estate, and the interest of each respective claimant thereto or therein, and persons entitled to distribution thereof. The final determination of the court thereupon is final and conclusive in the distribution of the estate, and in regard to the title to all the property of the estate of the deceased.</p> <p class="indent0 firstIndent0 fontsize10">The cost of the proceedings under this subchapter shall be apportioned in the discretion of the court.</p> </content> </section> <section> <num value="2045">§ 2045. </num> <heading>Attorney for minors</heading> <content>In a proceeding under this subchapter, the court may appoint an attorney for a minor not having a guardian.</content> </section> <section> <num value="2046">§ 2046. </num> <heading>Determination of heirship at final distribution</heading> <content>This subchapter does not exclude the right upon final distribution of an estate to contest the questions of heirship, title, or interest in the estate so distributed, where they have not been determined under this subchapter; but, where these questions have been litigated under the provisions of this subchapter, the determination thereof as provided in this subchapter is conclusive in the distribution of the estate.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Separate Proceeding to Determine Heirship</heading> <section> <num value="2071">§ 2071. </num> <heading>Establishment of identity of heirs</heading> <chapeau>When title to real or personal property, or any interest therein, becomes vested, other than by the laws of succession, in the heirs, heirs of the body, issue, or children of any person, without other description or means of identification of the persons embraced in the description, any person interested in the property as an heir, heir of the body, issue, or child, or the successor in interest of an heir, heir of the body, issue, or child, or the legal representatives of any of such persons or of their successors in interest, may file a verified petition in the district court in and for the division where the property or any part thereof is situated, setting forth briefly:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the deraignment of title of petitioner;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a description of the property affected;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the names, ages, and residences, if known, of the heirs, heirs of the body, issue, or children whose identity is sought to be determined, and if any of them is dead or his residence is unknown, stating these facts; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a request that a decree be entered determining and establishing the identity of the persons embraced in that general description.</content> </paragraph> </section> <section> <num value="2072">§ 2072. </num> <heading>Notice of hearing</heading> <content>Notice of the time and place for the hearing of the petition shall be given by the clerk by posting notices thereof in three or more public places in the Canal Zone at least 10 days prior to the date fixed by the clerk for the hearing.</content> </section> <section> <num value="2073">§ 2073. </num> <heading>Answer; hearing; decree</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>At any time before the date fixed for the hearing, any person interested in the property may answer the petition and deny any of the matters contained therein.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>At the time fixed for the hearing or any time thereafter fixed by the court, the court shall hear the proofs offered by the petitioner, and by any person answering the petition and shall make a decree conformable to the proofs. The decree shall have the same force and effect as decrees entered in accordance with the other provisions of this title.</content> </subsection> </section> </subchapter> </chapter> <page identifier="/us/stat/76a/633">633</page> <chapter> <num value="81">CHAPTER 81—</num><heading>PARTITION BEFORE DISTRIBUTION</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2101.</designator> <label>Partition of undivided property; commissioners.</label></referenceItem> <referenceItem role="section"><designator>2102.</designator> <label>Petition; notice.</label></referenceItem> <referenceItem role="section"><designator>2103.</designator> <label>Assignment of shares.</label></referenceItem> <referenceItem role="section"><designator>2104.</designator> <label>Description of shares.</label></referenceItem> <referenceItem role="section"><designator>2105.</designator> <label>Indivisible property.</label></referenceItem> <referenceItem role="section"><designator>2106.</designator> <label>Payments for equality of partition.</label></referenceItem> <referenceItem role="section"><designator>2107.</designator> <label>Sale of property.</label></referenceItem> <referenceItem role="section"><designator>2108.</designator> <label>Notice of partition; proceedings of commissioners.</label></referenceItem> <referenceItem role="section"><designator>2109.</designator> <label>Commissioners’ report; decree of partition.</label></referenceItem> <referenceItem role="section"><designator>2110.</designator> <label>Partition unnecessary unless requested.</label></referenceItem> </toc> <section> <num value="2101">§ 2101. </num> <heading>Partition of undivided property; commissioners</heading> <content>When the estate, real or personal, assigned by the decree of distribution to two or more heirs, devisees, or legatees, is in common and undivided, and the respective shares are not separated and distinguished, partition or distribution may be made by three disinterested persons, to be appointed commissioners for that purpose by the court, who shall be duly sworn to the faithful discharge of their duties. A certified copy of the order of their appointment, and of the order or decree assigning and distributing the estate, shall be issued to the commissioners as their warrant, and their oath shall be indorsed thereon. Upon consent of the parties, or when the court deems it proper and just, it is sufficient to appoint one commissioner only, who has the same authority and is governed by the same rules as if three were appointed.</content> </section> <section> <num value="2102">§ 2102. </num> <heading>Petition; notice</heading> <content>The partition may be ordered and had in the district court on the petition of any person interested. Before commissioners are appointed or partition ordered by the court as directed in this chapter, notice thereof shall be given to all persons interested who reside in the Canal Zone, or to their guardians, and to the agents, attorneys, or guardians, if any in the Canal Zone, of persons who reside out of the Canal Zone, either personally or by public notice, as the court may direct. The petition may be filed, attorneys, guardians, and agents appointed, and notice given at any time before the order or decree of distribution, but the commissioners may not be appointed until the order or decree is made distributing the estate.</content> </section> <section> <num value="2103">§ 2103. </num> <heading>Assignment of shares</heading> <content>Partition or distribution of the estate may be made as provided in this chapter, although one or more of the original heirs, legatees, or devisees may have conveyed their shares to other persons, and the shares shall be assigned to the person holding the same, in the same manner as they otherwise would have been to the heirs, legatees, or devisees.</content> </section> <section> <num value="2104">§ 2104. </num> <heading>Description of shares</heading> <content>When both distribution and partition are made, the several shares in the real and personal estate shall be set out to each individual in proportion to his right, by metes and bounds, or description, so that the shares can be easily distinguished, unless two or more of the parties interested consent to have their shares set out so as to be held by them in common and undivided.</content> </section> <section> <num value="2105">§ 2105. </num> <heading>Indivisible property</heading> <content>When the real estate can not be divided without prejudice or inconvenience to the owners, the court may assign the whole to one or more of the parties entitled to share therein, who will accept it, always preferring the males to the females, and, among children, preferring the elder to the younger. The parties accepting the whole shall pay<page identifier="/us/stat/76a/634">634</page> to the other parties interested their just proportion of the true value thereof, or secure the same to their satisfaction, or in the case of the minority of a party, then to the satisfaction of his guardian; and the true value of the estate shall be ascertained and reported by the commissioners. When the commissioners are of the opinion that the real estate can not be divided without prejudice or inconvenience to the owners, they shall so report to the court and recommend that the whole be assigned as herein provided, and shall find and report the true value of the real estate. On filing the report of the commissioners, and on making or securing the payment provided, the court, if it appears just and proper, shall confirm the report, and thereupon the assignment is complete, and the title to the whole of the real estate vests in the person to whom the same is so assigned.</content> </section> <section> <num value="2106">§ 2106. </num> <heading>Payments for equality of partition</heading> <content>When a tract of land or tenement is of greater value than any one’s share in the estate to be divided, and can not be divided without injury to it, it may be set off by the commissioners appointed to make partition to any of the parties who will accept it, giving preference as prescribed by section 2105 of this title. The party accepting shall pay or secure to the others such sums as the commissioners shall award to make the partition equal, and the commissioners shall make their award accordingly; but the partition may not be established by the court until the sums awarded are paid to the parties entitled to them, or secured to their satisfaction.</content> </section> <section> <num value="2107">§ 2107. </num> <heading>Sale of property</heading> <content>When it appears to the court, from the commissioners’ report, that it can not otherwise be fairly divided and should be sold, the court may order the sale of the whole or any part of the estate, real or personal, by the executor or administrator, or by a commissioner appointed for that purpose, and the proceeds distributed. The sale shall be conducted, reported, and confirmed in the same manner and under the same requirements provided by chapter 71 of this title.</content> </section> <section> <num value="2108">§ 2108. </num> <heading>Notice of partition; proceedings of commissioners</heading> <content>Before a partition is made or an estate divided, as provided in this chapter, notice shall be given by the commissioners to all persons interested in the partition, or their guardians, agents, or attorneys, of the time and place when and where they will proceed to make partition. The commissioners may take testimony, order surveys, and take such other steps as may be necessary to enable them to form a judgment upon the matters before them.</content> </section> <section> <num value="2109">§ 2109. </num> <heading>Commissioners’ report; decree of partition</heading> <content>The commissioners shall report their proceedings, and the partition agreed upon by them, to the court, in writing. The court may, for sufficient reasons, set aside the report and commit it to the same commissioners, or appoint others. When the report is finally confirmed, a certified copy of the judgment, or decree of partition made thereon, attested by the clerk under the seal of the court, shall be recorded in the office of the registrar of property.</content> </section> <section> <num value="2110">§ 2110. </num> <heading>Partition unnecessary unless requested</heading> <content>When the court makes a judgment or decree assigning the residue of an estate to one or more persons entitled to it, it is not necessary to appoint commissioners to make partition or distribution thereof, unless the parties to whom the assignment is decreed, or some of them, request that the partition be made.</content> </section> </chapter> <page identifier="/us/stat/76a/635">635</page> <chapter> <num value="83">CHAPTER 83—</num><heading>PUBLIC ADMINISTRATOR</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2141.</designator> <label>Appointment of public administrator.</label></referenceItem> <referenceItem role="section"><designator>2142.</designator> <label>Estates to be administered.</label></referenceItem> <referenceItem role="section"><designator>2143.</designator> <label>Small estates; disposition by public administrator without administration.</label></referenceItem> <referenceItem role="section"><designator>2144.</designator> <label>Burial expenses and expenses of last illness.</label></referenceItem> <referenceItem role="section"><designator>2145.</designator> <label>Estates of persons not United States citizens.</label></referenceItem> <referenceItem role="section"><designator>2146.</designator> <label>Procurement of letters by public administrator; bond and oath.</label></referenceItem> <referenceItem role="section"><designator>2147.</designator> <label>Administration of estates generally; application of other provisions.</label></referenceItem> <referenceItem role="section"><designator>2148.</designator> <label>Delivery to regularly appointed executor or administrator.</label></referenceItem> <referenceItem role="section"><designator>2149.</designator> <label>Compensation and allowances of public administrator; disposition of fees.</label></referenceItem> <referenceItem role="section"><designator>2150.</designator> <label>Interest in expenditures.</label></referenceItem> <referenceItem role="section"><designator>2151.</designator> <label>Administration of oaths.</label></referenceItem> <referenceItem role="section"><designator>2152.</designator> <label>Notice of death of stranger.</label></referenceItem> <referenceItem role="section"><designator>2153.</designator> <label>Notice by civil officers of property of decedent.</label></referenceItem> </toc> <section> <num value="2141">§ 2141. </num> <heading>Appointment of public administrator</heading> <content>There shall be in the Canal Zone a public administrator appointed by the Governor.</content> </section> <section> <num value="2142">§ 2142. </num> <heading>Estates to be administered</heading> <chapeau>The public administrator shall take charge of the estates of persons dying within the Canal Zone, or who, dying elsewhere, leave estates in the Canal Zone, as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>estates of decedents for which no administrators or executors are appointed, and which, in consequence thereof, may be wasted, uncared for, or lost;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>estates of decedents who have no known heirs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>estates ordered into his hands by the court;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>estates upon which letters of administration or letters testamentary have been issued to him by the court.</content> </paragraph> </section> <section> <num value="2143">§ 2143. </num> <heading>Small estates; disposition by public administrator without administration</heading> <content> <p class="indent0 firstIndent0 fontsize10">When the public administrator files with the clerk of the district court a statement that the value of an estate, of which he has taken charge, is less than $1,000, there shall be no regular administration on the estate unless additional estate is found or discovered; and the public administrator may, after the payment of the expenses of the last illness of the deceased, and the funeral charges, pay out and deliver the estate to the surviving spouse of the decedent, if there is a surviving spouse, or, if there is no surviving spouse, then to the minor child or children of the decedent, if any, or, if there is neither a surviving spouse nor minor child, then to such creditors, heirs, or other persons as may appear in the judgment of the public administrator to be legally entitled thereto, and the title to the estate shall vest absolutely in the person or persons to whom it is paid out and delivered as provided in this section.</p> <p class="indent0 firstIndent0 fontsize10">The provisions of this section apply whether or not there is in existence a will of the decedent.</p> </content> </section> <section> <num value="2144">§ 2144. </num> <heading>Burial expenses and expenses of last illness</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>When the public administrator takes possession of the estate of a deceased person, as provided in section 2142 of this title, and the method of the defrayal of the expense of the burial of the deceased is not otherwise provided for by law or by the rules, agreement, or death benefits of an order or lodge to which the deceased may at the time of his death belong, or with which he may have been affiliated, the public administrator may, in order to defray the proper expenses of the burial of the body of the deceased and the expenses of the last illness, apply to the district court for an order permitting the public administrator summarily to sell any personal property belonging to the deceased, and to withdraw any money that the deceased may have on deposit with any bank, and to collect any indebtedness or claim that may be owing to or due the deceased.</content> </subsection> <page identifier="/us/stat/76a/636">636</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Notice of the application need not be given and no fee shall be charged by the clerk of the court or the public administrator for the filing of the application, or for any duty or service of the clerk or public administrator or his attorney connected therewith.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Upon the sale of the personal property of the deceased, or the collection of any money, claim, or indebtedness by the public administrator under the order, the public administrator shall use the proceeds for the expenses of the burial of the deceased, and the expenses of the last illness.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The public administrator shall file with the clerk of the court a statement showing the property of the deceased that came into his hands and the disposition of the property of the deceased, and shall file with the clerk vouchers showing what disposition was made of the property or of the proceeds thereof.</content> </subsection> </section> <section> <num value="2145">§ 2145. </num> <heading>Estates of persons not United States citizens</heading> <content>If a deceased intestate, whose estate is being administered by the public administrator, was other than a citizen of the United States and left no heirs in the Canal Zone or the Republic of Panama entitled to receive the estate, the proceeds and residue thereof may be delivered to the diplomatic or consular representative, accredited to the Canal Zone or the Republic of Panama, of the country of which the deceased was a citizen or subject, for delivery by the representative to the heirs of the deceased. If the deceased was a citizen of the Republic of Panama, the residue of his estate may be delivered to his heirs in the Republic of Panama or to the authorities of the Republic of Panama lawfully designated to receive it.</content> </section> <section> <num value="2146">§ 2146. </num> <heading>Procurement of letters by public administrator; bond and oath</heading> <content>When a public administrator takes charge of an estate, of which he is entitled to take charge without letters of administration being issued, or under order of the court, he shall, with all convenient dispatch, procure letters of administration thereon, in like manner and on like proceedings as letters of administration are issued to other persons. His official bond and oath are in lieu of the administrator’s bond and oath.</content> </section> <section> <num value="2147">§ 2147. </num> <heading>Administration of estates generally; application of other provisions</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The public administrator shall make and return a perfect inventory of all estates taken into his possession, and administer and account for them according to the provisions of this title, subject to the control and directions of the court.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The public administrator shall institute all suits and prosecutions necessary to recover the property, debts, papers, and other estate of the decedent.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The court may, at any time, order the public administrator to account for and deliver all the money and property of an estate in his hands to the heirs, or to the executors or administrators regularly appointed.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>When direction is not given in this chapter for the government or guidance of a public administrator in the discharge of his duties, or for the administration of an estate in his hands, the provisions of this title govern, except that wherever notice is required to be given, the notice may, in the discretion of the court, be waived or be given by posting.</content> </subsection> </section> <page identifier="/us/stat/76a/637">637</page> <section> <num value="2148">§ 2148. </num> <heading>Delivery to regularly appointed executor or administrator</heading> <content>If, at any time, letters testamentary or of administration are regularly granted to another person on an estate of which the public administrator has charge, he shall, under the order of the court, account for, pay, and deliver to the executor or administrator thus appointed, all the money, property, papers, and estate of every kind in his possession or under his control.</content> </section> <section> <num value="2149">§ 2149. </num> <heading>Compensation and allowances of public administrator; disposition of fees</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Subject to subsection (b) of this section, the public administrator shall receive the same compensation and allowances as are allowed in this title to other administrators.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The commissions to be charged by the public administrator shall be as are allowed in this title to other administrators, except that a commission may not be charged where it appears that the total assets of the estate do not exceed $1,000 in value. The public administrator shall pay over all such fees to, and they shall constitute a revenue of, the Canal Zone Government.</content> </subsection> </section> <section> <num value="2150">§ 2150. </num> <heading>Interest in expenditures</heading> <content>The public administrator may not be interested in expenditures of any kind made on account of an estate he administers; nor may he be associated, in business or otherwise, with anyone who is so interested.</content> </section> <section> <num value="2151">§ 2151. </num> <heading>Administration of oaths</heading> <content>The public administrator may administer oaths in regard to all matters touching the discharge of his duties, or the administration of estates in his hands.</content> </section> <section> <num value="2152">§ 2152. </num> <heading>Notice of death of stranger</heading> <content>Whenever a stranger, or person without known heirs, dies intestate in the house or premises of another, the possessor of the premises, or anyone knowing the facts, shall give immediate notice thereof to the public administrator; and, in default of so doing, he is liable for any damage that may be sustained thereby, to be recovered by the public administrator, or any party interested.</content> </section> <section> <num value="2153">§ 2153. </num> <heading>Notice by civil officers of property of decedent</heading> <content>All civil officers shall inform the public administrator of all property known to them, belonging to a decedent, which is liable to loss, injury, or waste, and which, by reason thereof, ought to be in the possession of the public administrator.</content> </section> </chapter> <chapter> <num value="85">CHAPTER 85—</num><heading>NOTICES, ORDERS, AND PROCEDURE</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">notices</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2181.</designator> <label>Requests for special notice of proceedings.</label></referenceItem> <referenceItem role="section"><designator>2182.</designator> <label>Personal notice by citation; contents.</label></referenceItem> <referenceItem role="section"><designator>2183.</designator> <label>Issuance and service of citation.</label></referenceItem> <referenceItem role="section"><designator>2184.</designator> <label>Service on guardian; powers and duties of guardian.</label></referenceItem> <referenceItem role="section"><designator>2185.</designator> <label>Publication; frequency.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">orders</inline></label></referenceItem> <referenceItem role="section"><designator>2211.</designator> <label>Contents of orders and decrees.</label></referenceItem> <referenceItem role="section"><designator>2212.</designator> <label>Entry and filing.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">procedure generally</inline></label></referenceItem> <referenceItem role="section"><designator>2231.</designator> <label>Trial of issues; judgments.</label></referenceItem> <referenceItem role="section"><designator>2232.</designator> <label>New trials in probate proceedings.</label></referenceItem> <referenceItem role="section"><designator>2233.</designator> <label>Costs.</label></referenceItem> <referenceItem role="section"><designator>2234.</designator> <label>United States as party; notice; actions on bonds; exceptions to accounts.</label></referenceItem> <referenceItem role="section"><designator>2235.</designator> <label>Application of procedure in civil actions.</label></referenceItem> </toc> <page identifier="/us/stat/76a/638">638</page> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Notices</heading> <section> <num value="2181">§ 2181. </num> <heading>Requests for special notice of proceedings</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>At any time after the issuance of letters testamentary or of administration upon the estate of a decedent, a person interested in the estate, whether as heir, devisee, legatee, or creditor, or his attorney, may serve upon the executor or administrator or upon the attorney for the executor or administrator, and file with the clerk of the court wherein administration of the estate is pending, a written request, stating his post-office address and stating that he desires special notice of any or all of the following matters, steps, or proceedings in the administration of the estate:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>filing of petitions for sales, leases, or mortgages and confirmation of sales of any property of the estate;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>filing of accounts;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>filing of petitions for distribution;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>filing of petitions for partition of any property of the estate.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Thereafter a brief notice of the filing of any such petitions, or accounts, except petitions for sale of perishable property or other personal property which will incur expense or loss by keeping, shall be addressed to the person making the request, or his attorney, at his stated post-office address, and deposited in the post office with the postage thereon prepaid, within two days after the filing of the petition or account; or personal service of the notice may be made on the person making the request or his attorney, within two days, and the personal service is equivalent to deposit in the post office. Proof of mailing or of personal service shall be filed with the clerk before the hearing of the petition or account.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If upon the hearing it appears to the satisfaction of the court that the notice has been regularly given, the court shall so find in its order or judgment, and the judgment shall be final and conclusive upon all persons.</content> </subsection> </section> <section> <num value="2182">§ 2182. </num> <heading>Personal notice by citation; contents</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>When personal notice is required, and a mode of giving it is not prescribed by this title, it shall be given by citation.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>The citation shall be directed to the person to be cited, signed by the clerk, issued under the seal of the court, and shall contain:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the title of the proceeding;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a brief statement of the nature of the proceeding; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>a direction that the person cited appear at a time and place specified.</content> </paragraph> </subsection> </section> <section> <num value="2183">§ 2183. </num> <heading>Issuance and service of citation</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The citation may be issued by the clerk upon the application of any party, without an order of the court, except in cases in which an order is expressly required by law.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The citation shall be served in the same manner as a summons in a civil action.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>When no other time is specially prescribed by law, the citation shall be served at least five days before the return day thereof.</content> </subsection> </section> <section> <num value="2184">§ 2184. </num> <heading>Service on guardian; powers and duties of guardian</heading> <content>Whenever an infant or incompetent person has a guardian of his estate residing in the Canal Zone, personal service upon the guardian of any process, notice, or order of the court concerning the estate of a deceased person, in which the ward is interested, is equivalent to service upon the ward, and it is the duty of the guardian to attend to the interests of the ward in the matter. The guardian may also appear for his ward and waive any process, notice, or order to show cause which an adult or a person or sound mind might waive.</content> </section> <page identifier="/us/stat/76a/639">639</page> <section> <num value="2185">§ 2185. </num> <heading>Publication; frequency</heading> <content>When a publication is ordered, the publication shall be made daily, or otherwise as often during the prescribed period as the paper is regularly issued, unless otherwise provided in this title. The court may, however, order a less number of publications during the period.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Orders</heading> <section> <num value="2211">§ 2211. </num> <heading>Contents of orders and decrees</heading> <content>Orders and decrees made by the court in probate proceedings need not recite the existence of facts, or the performance of acts, upon which the jurisdiction of the court may depend, but shall contain the matters ordered or adjudged, except as otherwise provided in this title.</content> </section> <section> <num value="2212">§ 2212. </num> <heading>Entry and filing</heading> <content>All orders and decrees of the court shall be entered at length in the records of the court, or shall be signed by the judge and filed; but decrees of distribution shall always be so entered at length.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Procedure Generally</heading> <section> <num value="2231">§ 2231. </num> <heading>Trial of issues; judgments</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>All issues of fact joined in probate proceedings shall be tried in conformity with the requirements of the law and rules of court governing civil actions. The party affirming is plaintiff, and the one denying or avoiding is defendant.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>When a party is entitled to a trial by jury and a jury is demanded, and the issues are not sufficiently made up by the written pleadings on file, the court, on due notice, shall settle and frame the issues to be tried.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If a jury is not demanded, the court shall try the issue joined, make findings of fact and conclusions of law, and direct the entry of the appropriate judgment, as in civil actions.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Judgment on the issue joined, as well as for costs, may be entered and enforced by execution or otherwise by the court as in civil actions.</content> </subsection> </section> <section> <num value="2232">§ 2232. </num> <heading>New trials in probate proceedings</heading> <chapeau>A motion for a new trial in probate proceedings may be made only in:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>cases of contests of wills, either before or after probate;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>proceedings to determine heirship and interests in estates; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>cases where the issues of fact, of which a new trial is sought, were of such character as to entitle the parties to have them tried by a jury, whether or not they were so tried.</content> </paragraph> </section> <section> <num value="2233">§ 2233. </num> <heading>Costs</heading> <content>When not otherwise prescribed by this title, the district court may order costs to be paid b j any party to the proceedings, or out of the assets of the estate, as justice may require. Execution for the costs may issue out of the district court.</content> </section> <section> <num value="2234">§ 2234. </num> <heading>United States as party; notice; actions on bonds; exceptions to accounts</heading> <chapeau>When compensation, pension, insurance, or other allowance is made or awarded to estates of decedents by the United States Government or an agency thereof, the agency making or awarding the compensation, pension, insurance, or allowance shall have the same right as provided in this title for interested parties, heirs at law, and relatives, to:</chapeau> <page identifier="/us/stat/76a/640">640</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>request notice of proceedings;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>commence and prosecute actions on the bonds of executors or administrators; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>file exceptions in writing to accounts of executors or administrators and contest the accounts.</content> </paragraph> </section> <section> <num value="2235">§ 2235. </num> <heading>Application of procedure in civil actions</heading> <content>Except as otherwise provided by this title, the provisions of law and rules of court governing civil actions are applicable to and constitute the rules of practice in me proceedings mentioned in this title.</content> </section> </subchapter> </chapter> </part> <part> <num class="bold" value="4">PART 4—</num><heading class="bold">ESTATES OF MISSING PERSONS</heading> <toc> <headingItem> <designator><inline class="smallCaps">Chapter</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>101.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Trustees of Estates of Persons Missing over 90 Days</inline></label> <target>2501</target></referenceItem> <referenceItem role="chapter"><designator>103.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Administration of Estates of Persons Missing over Seven Years</inline></label> <target>2541</target></referenceItem> </toc> <chapter> <num value="101">CHAPTER 101—</num><heading>TRUSTEES OF ESTATES OF PERSONS MISSING OVER 90 DAYS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2501.</designator> <label>Petition for appointment of trustee.</label></referenceItem> <referenceItem role="section"><designator>2502.</designator> <label>Publication of notice of hearing.</label></referenceItem> <referenceItem role="section"><designator>2503.</designator> <label>Hearing; appointment of trustee.</label></referenceItem> <referenceItem role="section"><designator>2504.</designator> <label>Preferences in appointment of trustee.</label></referenceItem> <referenceItem role="section"><designator>2505.</designator> <label>Trustee’s bond.</label></referenceItem> <referenceItem role="section"><designator>2506.</designator> <label>Trustee’s powers and duties; family allowance.</label></referenceItem> <referenceItem role="section"><designator>2507.</designator> <label>Accounting by trustee; removal.</label></referenceItem> <referenceItem role="section"><designator>2508.</designator> <label>Sale or encumbrance of property; petition; order.</label></referenceItem> <referenceItem role="section"><designator>2509.</designator> <label>Same; notice of hearing.</label></referenceItem> <referenceItem role="section"><designator>2510.</designator> <label>Same; hearing; order.</label></referenceItem> <referenceItem role="section"><designator>2511.</designator> <label>Return of missing person; accounting.</label></referenceItem> <referenceItem role="section"><designator>2512.</designator> <label>Same; delivery of property.</label></referenceItem> <referenceItem role="section"><designator>2513.</designator> <label>Delivery by trustee to executor or administrator after seven years.</label></referenceItem> </toc> <section> <num value="2501">§ 2501. </num> <heading>Petition for appointment of trustee</heading> <content>When a resident of the Canal Zone, who owns or is entitled to the possession of real or personal property situated therein, is missing, or his whereabouts unknown, tor 90 days, and a verified petition is presented to the division of the district court of which he is a resident by his spouse or any of his family or friends, representing that his whereabouts has been, for such time, and still is, unknown, and that his estate requires attention, supervision, and care of ownership, the court shall order the petition to be filed, and appoint a day for its hearing, not less than 10 days from the date of the order.</content> </section> <section> <num value="2502">§ 2502. </num> <heading>Publication of notice of hearing</heading> <content>The clerk of the court shall thereupon publish, for at least 10 days prior to the day so appointed, a notice in a newspaper of general circulation in the Canal Zone, stating that the petition will be heard at the courtroom of the court at the time appointed for the hearing. The court may direct further notice of the application to be given in such manner and to such persons at it deems proper.</content> </section> <section> <num value="2503">§ 2503. </num> <heading>Hearing; appointment of trustee</heading> <content>At the time fixed for the hearing, or at any subsequent time to which the hearing may be postponed, the court shall hear the petition and the evidence offered in support of or in opposition thereto. If satisfied that the allegations of the petition are true, and that the person remains missing, and his whereabouts unknown, the court shall appoint a suitable person to take charge and possession of the estate, and manage and control it under the direction of the court.</content> </section> <section> <num value="2504">§ 2504. </num> <heading>Preferences in appointment of trustee</heading> <content>In appointing a trustee, the court shall prefer the wife of the missing person, or her nominee, and, in the absence of a wife, a person<page identifier="/us/stat/76a/641">641</page> who is willing to act, and who would be entitled to participate in the distribution of the missing person’s estate if he were dead.</content> </section> <section> <num value="2505">§ 2505. </num> <heading>Trustee’s bond</heading> <content>A trustee appointed pursuant to this chapter shall give bond in the amount and as provided for by section 1371 of this title.</content> </section> <section> <num value="2506">§ 2506. </num> <heading>Trustee’s powers and duties; family allowance</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The trustee shall take possession of the real and personal estate in the Canal Zone of the missing person, and collect and receive the rents, income, and proceeds thereof, collect all indebtedness owing to him, and pay the expenses thereof out of the trust funds, and pay such indebtedness of the missing person as may be authorized by the court.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The court may direct the trustee to pay to the persons constituting the family of the missing person such sums of money for family expenses and support from the income of the estate as it may, from time to time, determine.</content> </subsection> </section> <section> <num value="2507">§ 2507. </num> <heading>Accounting by trustee; removal</heading> <content>From time to time when directed by the court, the trustee shall account to and with the court for all his acts as trustee. At any time, upon good cause shown, the court may remove the trustee and appoint another in his place.</content> </section> <section> <num value="2508">§ 2508. </num> <heading>Sale or encumbrance of property; petition; order</heading> <content>The trustee may sell any or all of the personal or real property or mortgage any of the personal property of the missing person when it is considered by the court as being to the best interest of the estate and of all parties concerned including the heirs at law or legatees, and for that purpose shall file a petition with the court asking for an order directing and authorizing the sale or mortgage.</content> </section> <section> <num value="2509">§ 2509. </num> <heading>Same; notice of hearing</heading> <content>The petition shall be set for hearing not sooner than 10 days after the filing of the petition and notice thereof shall be given by the clerk of the court by posting a notice at the place where the court is held. Notice shall also be given by registered or certified mail to each of the persons who would be heirs at law of the missing person, if he were dead, and, if it appears that the missing person left a will, to each legatee mentioned therein, at their respective places of address, a return card being requested with each notice. If the address of a person is unknown the notice shall be sent by registered or certified mail addressed to the person at the post office of the place where the proceedings are pending, and an affidavit of the trustee filed showing that the address is unknown, and stating what efforts he has made to learn it.</content> </section> <section> <num value="2510">§ 2510. </num> <heading>Same; hearing; order</heading> <content>On the day of hearing the petition, proof shall be offered in behalf thereof showing the reasons for the making of the sale or mortgage. If the court finds that it will be for the best interests of all persons concerned in the estate of the missing person to have the sale or mortgage made, it shall order the trustee to sell any or all the property, real, personal, or both, or to mortgage any of the personal property, in the manner provided by this title for sales or mortgages of property of deceased persons. All the provisions of law regarding a sale or mortgage of property of deceased persons govern the sale or mortgage of property of missing persons under this section, including the provisions concerning confirmation of the sales by the court; except that a sale of real property may not take place before the expiration of eight months from the date of the appointment and qualification of the trustee.</content> </section> <page identifier="/us/stat/76a/642">642</page> <section> <num value="2511">§ 2511. </num> <heading>Return of missing person; accounting</heading> <content>In the event the missing person returns, the court, upon his application or upon its own motion, shall require the trustee to render and file a verified account of the administration of the trust, and sections 1851–1864 of this title apply to the accounting.</content> </section> <section> <num value="2512">§ 2512. </num> <heading>Same; delivery of property</heading> <content>Upon the settling of the account of the trustee the court shall order the property of the missing person remaining in the hands of the trustee to be delivered to the owner thereof.</content> </section> <section> <num value="2513">§ 2513. </num> <heading>Delivery by trustee to executor or administrator after seven years</heading> <content>If, during the existence of a trust provided for in this chapter, administration of the estate of the missing person is had pursuant to chapter 103 of this title, the court shall require an accounting as provided by section 2511 of this title and shall order the property of the missing person remaining in the hands of the trustee to be delivered to the administrator or executor of the estate.</content> </section> </chapter> <chapter> <num value="103">CHAPTER 103—</num><heading>ADMINISTRATION OF ESTATES OF PERSONS MISSING OVER SEVEN YEARS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2541.</designator> <label>Missing person defined; administration as though dead.</label></referenceItem> <referenceItem role="section"><designator>2542.</designator> <label>Jurisdiction; title of proceedings.</label></referenceItem> <referenceItem role="section"><designator>2543.</designator> <label>Petition; date of hearing.</label></referenceItem> <referenceItem role="section"><designator>2544.</designator> <label>Notice of hearing; publication; mailing.</label></referenceItem> <referenceItem role="section"><designator>2545.</designator> <label>Hearing; appointment of executor or administrator; findings.</label></referenceItem> <referenceItem role="section"><designator>2546.</designator> <label>Suspension of disposition; exceptions.</label></referenceItem> <referenceItem role="section"><designator>2547.</designator> <label>Suspension of distribution; bond of distributee.</label></referenceItem> <referenceItem role="section"><designator>2548.</designator> <label>Claim to be missing person; petition; issue of identity.</label></referenceItem> <referenceItem role="section"><designator>2549.</designator> <label>Same; contents of petition.</label></referenceItem> <referenceItem role="section"><designator>2550.</designator> <label>Vacation of administration proceedings; delivery of property to claimant.</label></referenceItem> <referenceItem role="section"><designator>2551.</designator> <label>Determination of death; petition; order.</label></referenceItem> <referenceItem role="section"><designator>2552.</designator> <label>Conclusive presumption of death; final distribution.</label></referenceItem> <referenceItem role="section"><designator>2553.</designator> <label>Limitation of actions.</label></referenceItem> <referenceItem role="section"><designator>2554.</designator> <label>Property and estates governed by chapter.</label></referenceItem> <referenceItem role="section"><designator>2555.</designator> <label>Manner of administration and distribution of estate.</label></referenceItem> </toc> <section> <num value="2541">§ 2541. </num> <heading>Missing person defined; administration as though dead</heading> <content>When a person owning property in the Canal Zone has been absent from his last known place of residence for the continuous period of seven years, with his whereabouts for that period unknown to the persons most likely to know thereof, he shall be deemed to be a missing person, and all his property in the Canal Zone may be administered, as though he were dead, in the same manner as provided for the administration of deceased persons by this title, subject to the conditions, restrictions and limitations prescribed by this chapter.</content> </section> <section> <num value="2542">§ 2542. </num> <heading>Jurisdiction; title of proceedings</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If the missing person was a resident of the Canal Zone at the time of his disappearance, the division of the district court of his residence has jurisdiction in the premises; if he was a nonresident, the division where any of his property is located has jurisdiction.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Proceedings commenced and prosecuted under this chapter shall be entitled in the court, and “In the matter of the estate of . . . ., a missing person.”</content> </subsection> </section> <section> <num value="2543">§ 2543. </num> <heading>Petition; date of hearing</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>When a verified petition is presented by the spouse or any of the family or friends of a missing person, representing that his whereabouts has been for a period of seven years and still is unknown<page identifier="/us/stat/76a/643">643</page> and that he left an estate which requires administration, the clerk of the court shall appoint a day for hearing the petition, not less than three months from the date of filing.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The petition may be for administration or probate of the last will, as the case may be, of the missing person and shall be verified to the best of the knowledge and belief of the petitioner. The petition shall set forth a statement of the facts required as in the case of the administration of estates of deceased persons, and shall, in addition thereto, contain allegations as to the last known place of residence of the missing person, and when he disappeared therefrom; the fact that he has not been heard from by the persons most likely to hear, naming them and their relationship, for a period of seven years, and the fact that his whereabouts is unknown to those persons and to the petitioner.</content> </subsection> </section> <section> <num value="2544">§ 2544. </num> <heading>Notice of hearing; publication; mailing</heading> <content>Notice of hearing the petition for administration or probate of the last will of the missing person shall be published in the form of similar notices of hearing in the administration of estates of deceased persons, once each week for eight successive weeks, the first publication to be at least three calendar months prior to the date set for the hearing of the petition. In addition, within 20 days after the filing of the petition, copies of the notice shall be sent by registered or certified mail to each person named in the petition as heir-at-law, next of kin, devisee and legatee, and to the last known address of the missing person; and proof by affidavit of the publication and mailing shall be filed at or prior to the hearing.</content> </section> <section> <num value="2545">§ 2545. </num> <heading>Hearing; appointment of executor or administrator; findings</heading> <content>At the time fixed for the hearing, or at any subsequent time to which the hearing is postponed, the court shall hear the petition and the evidence in support of or in opposition thereto, and, if satisfied that the allegations thereof are true, and that the person has remained missing, and his whereabouts unknown, continuously for a period of seven years, shall thereupon appoint a (Qualified person as executor or administrator as in the manner provided for the estates of deceased persons. If the court grants the order, it shall determine the time when the person left his last place of residence and abode and became missing and that his whereabouts has not been known continuously for a period of at least seven years. Upon the hearing, the court may consider the testimony of any witness likely to know the last place of residence and whereabouts of the alleged missing person, and may likewise receive in evidence and consider the affidavits and depositions of other competent witnesses and give the evidence such weight as it deems proper.</content> </section> <section> <num value="2546">§ 2546. </num> <heading>Suspension of disposition; exceptions</heading> <content>Except for the purposes of paying taxes, assessments, liens, insurance premiums, allowing claims for debts contracted by the missing person before his disappearance or to prevent the depreciation of property on account of neglect, or waste, or specifically perform contracts made by the missing person before his disappearance, a sale, mortgage or other disposition or distribution of the property of the missing person may not be had until the lapse of one year after the appointment and qualification of the executor or administrator.</content> </section> <section> <num value="2547">§ 2547. </num> <heading>Suspension of distribution; bond of distributee</heading> <content>Distribution of the property of the estate to the heirs, devisees, or legatees of the missing person may not be made in any event until after the lapse of the period of one year after the appointment and<page identifier="/us/stat/76a/644">644</page> qualification of the executor or administrator; nor until after the lapse of three years after the appointment and qualification of the executor or administrator, unless the distributee or assignee executes and delivers to the representative of the estate a surety company bond in a penal sum not less than the value of the property distributed and for such additional amount as the court may prescribe. The bond is subject to approval by the court, and shall be conditioned for the return of the property or the value thereof to the representative of the estate in case the missing person is adjudicated, in the manner set forth in this chapter, to be still living since the commencement of the seven-year period, and also conditioned to save the representative harmless from the damages and expenses of suits brought by the missing person or anyone succeeding to his or her rights, by reason of the distribution having been made during the period of three years.</content> </section> <section> <num value="2548">§ 2548. </num> <heading>Claim to be missing person; petition; issue of identity</heading> <content>If a person files a verified petition, within the period of three years after the appointment and qualification of a representative, claiming to be the missing person and also causes a copy thereof to be served personally or by registered or certified mail upon the legal representative and upon each of the heirs, legatees, and devisees, an issue shall thereupon be presented to the court to determine the identity of the claimant which issue shall be tried and determined by the court. The court may upon application or of its own motion require the claimant to give security to be approved by the court for all costs and expenses involved in the hearing and ultimate determination thereof, in case the issue is decided against the claimant.</content> </section> <section> <num value="2549">§ 2549. </num> <heading>Same; contents of petition</heading> <content>The verified petition of the claimant shall set forth the facts and circumstances of his disappearance and continued absence, and other facts and circumstances upon which he relies for his identification.</content> </section> <section> <num value="2550">§ 2550. </num> <heading>Vacation of administration proceedings; delivery of property to claimant</heading> <content>If the issue is determined in favor of the claimant, and it is determined that the missing person is still living, an order shall be made vacating all of the proceedings for administration, except those providing for the payment of taxes, assessments, liens, insurance premiums, allowed claims, the specific performance of contracts, preservation of the property, and any sale, encumbrance or other disposition of the property made in compliance with an order of the court; and thereupon the residue of the estate, less fees, costs and expenses thus far incurred, shall be surrendered and delivered to the claimant.</content> </section> <section> <num value="2551">§ 2551. </num> <heading>Determination of death; petition; order</heading> <content> <p class="indent0 firstIndent0 fontsize10">If another person appears and files a verified petition, within the three-year period, claiming that the missing person died subsequently to the commencement of the seven-year period, and the claimant is entitled to the property or any portion thereof, as successor in interest to the rights of the absent person because or his death; and if the claimant also causes a copy of the petition to be served either personally or by registered or certified mail upon the legal representative of<page identifier="/us/stat/76a/645">645</page> the estate and upon each of the heirs, legatees, and devisees, an issue shall thereupon be tried and determined by the court as to the truth of the petition. The court may upon application or on its own motion require the claimant to give security to be approved by the court for costs and expenses involved in the hearing and ultimate determination thereof, in case the issue is decided against the claimant.</p> <p class="indent0 firstIndent0 fontsize10">If the issue is determined in favor of the claimant, the court shall make and enter such order as the circumstances require.</p> </content> </section> <section> <num value="2552">§ 2552. </num> <heading>Conclusive presumption of death; final distribution</heading> <content>If no person makes a claim during the three-year period, either to be the missing person, or to have succeeded to the rights of the missing person since the commencement of the seven-year period by reason of the death of the missing person, a conclusive presumption arises that the missing person died prior to the filing of the petition for administration or the probate of his will; and the estate shall be finally distributed accordingly, as far as the distribution has not already been accomplished; and by order of the court the estate shall be closed and the liability of the representative and his sureties to claimants ended, and the liability of distributees ended, and all bonds given by them cancelled. If in any case the period of absence as set forth in section 2541 of this title has exceeded 10 years at the time of filing the petition for the appointment of an administrator or probate of the will, the estate may be finally distributed and closed at the end of one year, without a bond being given, with like effect as provided for in this chapter at the expiration of the three-year period.</content> </section> <section> <num value="2553">§ 2553. </num> <heading>Limitation of actions</heading> <content>After the expiration of the periods of time provided for the final distribution of the estate, and after the missing person has been absent and missing for the period of 10 years as provided in this chapter, the statute of limitations shall be deemed to have run against all claimants; and no action, suit, petition or proceeding may be brought by the missing person or persons claiming under him or otherwise claiming an interest in the estate, against the executor or administrator or against a surety on a bond or against any of the distributees, to recover any part or portion of the estate.</content> </section> <section> <num value="2554">§ 2554. </num> <heading>Property and estates governed by chapter</heading> <content>This chapter applies to the property and estates of all missing persons as defined in this chapter, who have been missing and absent from their last known place of residence for the continuous period of seven years, whether the absence commenced before the effective date of this Code and has been completed, or is still running, or shall commence to run after the effective date of this Code.</content> </section> <section> <num value="2555">§ 2555. </num> <heading>Manner of administration and distribution of estate</heading> <content>The administrator or executor to whom letters are issued as provided in this chapter shall administer and distribute the estate of the missing person in the same general manner, method of procedure and with the same force and effect as provided by this title for the administration and settlement of the estates of deceased persons, except as otherwise modified, limited or directed by this chapter.</content> <page identifier="/us/stat/76a/646">646</page> </section> </chapter> </part> <part> <num class="bold" value="5">PART 5—</num><heading class="bold">GUARDIAN AND WARD</heading> <toc> <headingItem> <designator><inline class="smallCaps">Chapter</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>121.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Relationship of Guardian and Ward</inline></label> <target>2801</target></referenceItem> <referenceItem role="chapter"><designator>123.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">When Guardianship Not Necessary</inline></label> <target>2851</target></referenceItem> <referenceItem role="chapter"><designator>125.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Appointment of Guardians for Minors</inline></label> <target>2881</target></referenceItem> <referenceItem role="chapter"><designator>127.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Appointment of Guardians for Incompetent Persons</inline></label> <target>2921</target></referenceItem> <referenceItem role="chapter"><designator>129.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Oaths, Bonds, and Letters</inline></label> <target>2961</target></referenceItem> <referenceItem role="chapter"><designator>131.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Powers and Duties of Guardians</inline></label> <target>3001</target></referenceItem> <referenceItem role="chapter"><designator>133.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Sales, Mortgages, and Conveyances</inline></label> <target>3041</target></referenceItem> <referenceItem role="chapter"><designator>135.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Inventory and Accounting</inline></label> <target>3081</target></referenceItem> <referenceItem role="chapter"><designator>137.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Nonresident Wards</inline></label> <target>3121</target></referenceItem> <referenceItem role="chapter"><designator>139.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Suspension; Removal, and Resignation</inline></label> <target>3161</target></referenceItem> <referenceItem role="chapter"><designator>141.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Termination of Guardianship</inline></label> <target>3201</target></referenceItem> <referenceItem role="chapter"><designator>143.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Notices and Procedure</inline></label> <target>3241</target></referenceItem> </toc> <chapter> <num value="121">CHAPTER 121—</num><heading>RELATIONSHIP OF GUARDIAN AND WARD</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2801.</designator> <label>Definition of relationship; applicability of trust law; control by court.</label></referenceItem> <referenceItem role="section"><designator>2802.</designator> <label>General or special guardians.</label></referenceItem> <referenceItem role="section"><designator>2803.</designator> <label>Appointment of guardian of person and estate of child by will or deed.</label></referenceItem> <referenceItem role="section"><designator>2804.</designator> <label>Appointment of guardian of person and estate of incompetent by will or deed.</label></referenceItem> <referenceItem role="section"><designator>2805.</designator> <label>Appointment of general guardian by court; multiple guardians; bonds; deposit of moneys of small estates; confirmation of other appointments.</label></referenceItem> <referenceItem role="section"><designator>2806.</designator> <label>Testamentary guardians; qualification, powers, duties, and bond.</label></referenceItem> <referenceItem role="section"><designator>2807.</designator> <label>Rules for awarding custody or appointment of guardian of minor.</label></referenceItem> <referenceItem role="section"><designator>2808.</designator> <label>Order of preference in awarding custody of minor.</label></referenceItem> <referenceItem role="section"><designator>2809.</designator> <label>Parents adversely claiming custody or guardianship.</label></referenceItem> <referenceItem role="section"><designator>2810.</designator> <label>Abandonment as forfeiture of right to guardianship.</label></referenceItem> <referenceItem role="section"><designator>2811.</designator> <label>Marriage of guardian.</label></referenceItem> <referenceItem role="section"><designator>2812.</designator> <label>Trust companies as guardians.</label></referenceItem> </toc> <section> <num value="2801">§ 2801. </num> <heading>Definition of relationship; applicability of trust law; control by court</heading> <content>A guardian is a person appointed to take care of the person or property, or of both the person and property, of another. The latter is a ward. The relation of guardian and ward is confidential and subject to the provisions of law relating to trusts. In the management and disposition of the person or property committed to him, a guardian may be regulated and controlled by the court.</content> </section> <section> <num value="2802">§ 2802. </num> <heading>General or special guardians</heading> <content>Guardians are either general or special. A general guardian is a guardian of the person or of all the property of the ward within the Canal Zone, or of both. Every other guardian is a special guardian.</content> </section> <section> <num value="2803">§ 2803. </num> <heading>Appointment of guardian of person and estate of child by will or deed</heading> <chapeau>Either parent of a legitimate child living or likely to be born may, by will or deed, appoint a guardian of the person or estate, or both, of the child, to take effect upon the death of the parent appointing:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>with the written consent of the other parent; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if the other parent is dead or incapable of consent.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">If the child is illegitimate, the mother may make the appointment.</continuation> </section> <section> <num value="2804">§ 2804. </num> <heading>Appointment of guardian of person and estate of incompetent by will or deed</heading> <chapeau>Either parent of an unmarried incompetent person, or of an incompetent person whose marriage has been annulled or dissolved by death or divorce, may, by will or deed, appoint a guardian of the person or estate, or both, of the incompetent, to take effect upon the death of the person appointing:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>with the written consent of the other parent; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if the other parent is dead or incapable of consent.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">If the incompetent person is married, the spouse may make the appointment.</continuation> </section> <page identifier="/us/stat/76a/647">647</page> <section> <num value="2805">§ 2805. </num> <heading>Appointment of general guardian by court; multiple guardians; bonds; deposit of moneys of small estates; confirmation of other appointments</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The district court shall appoint a general guardian of the person or estate, or both, of minors and incompetent persons, when necessary or convenient, and when a guardian has not been appointed for the purpose by will or deed. The court may appoint more than one guardian and shall require either a separate bond from each or a joint and several bond. Where two or more guardians are appointed as coguardians, each shall be governed and liable in all respects as a sole guardian.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If the estate does not exceed $10,000 in value, the court may require that the money in the estate be deposited in a bank or trust company or be invested in an account in an insured savings and loan association, subject to withdrawal only upon the order of the court. In such cases, a bond is not required of the guardian.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>When requested to do so, the court shall confirm an appointment made by will or deed, upon the same procedure and notice as in the case of appointment by the court.</content> </subsection> </section> <section> <num value="2806">§ 2806. </num> <heading>Testamentary guardians; qualification, powers, duties, and bond</heading> <content>A testamentary guardian shall qualify and has the same powers and shall perform the same duties with regard to the person and estate of his ward as guardians appointed by the court, except as far as his powers and duties are legally modified, enlarged, or changed by the will by which he was appointed, and except that the guardian need not give bond unless directed to do so by the court.</content> </section> <section> <num value="2807">§ 2807. </num> <heading>Rules for awarding custody or appointment of guardian of minor</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>In awarding the custody of a minor, or in appointing a general guardian, the court or officer shall be guided by what appears to be for the best interest of the child in respect to its temporal, mental and moral welfare. If the child is of a sufficient age to form an intelligent preference, the court may consider the preference in determining the question.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If the minor resides in the Canal Zone and is over 14 years of age, he may nominate his own guardian, either of his own accord or within 10 days after being cited by the court; and the nominee shall be appointed if approved by the court. When a guardian has been appointed for a minor under 14 years of age, the minor, at any time after he attains that age, may nominate his own guardian, subject to the approval of the court.</content> </subsection> </section> <section> <num value="2808">§ 2808. </num> <heading>Order of preference in awarding custody of minor</heading> <chapeau>Of persons equally entitled in other respects to the custody of a minor, preference shall be given, as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to a parent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to one who was indicated by the wishes of a deceased parent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>to one who already stands in the position of a trustee of a fund to be applied to the child’s support;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>to a relative.</content> </paragraph> </section> <section> <num value="2809">§ 2809. </num> <heading>Parents adversely claiming custody or guardianship</heading> <chapeau>As between parents claiming the custody or guardianship adversely to each other, neither has priority. Other things being equal, the custody or guardianship should be given:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if the child is of tender years, to the mother; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if the child is of an age to require education and preparation for labor and business, to the father.</content> </paragraph> </section> <page identifier="/us/stat/76a/648">648</page> <section> <num value="2810">§ 2810. </num> <heading>Abandonment as forfeiture of right to guardianship</heading> <content>A parent who knowingly or willfully abandons, or having the ability to do so, fails to maintain, his minor child under 14 years of age, forfeits all right to the guardianship.</content> </section> <section> <num value="2811">§ 2811. </num> <heading>Marriage of guardian</heading> <content>The marriage of a guardian does not extinguish or affect his authority as a guardian.</content> </section> <section> <num value="2812">§ 2812. </num> <heading>Trust companies as guardians</heading> <content>A corporation or association authorized to conduct the business of a trust company in the Canal Zone may be appointed to act as a guardian of the estate, in like manner as an individual. The appointment as guardian applies to the estate only, and not to the person.</content> </section> </chapter> <chapter> <num value="123">CHAPTER 123—</num><heading>WHEN GUARDIANSHIP NOT NECESSARY</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2851.</designator> <label>Small estates of minors.</label></referenceItem> <referenceItem role="section"><designator>2852.</designator> <label>Compromise of minors’ claims.</label></referenceItem> <referenceItem role="section"><designator>2853.</designator> <label>Accounting by parent.</label></referenceItem> <referenceItem role="section"><designator>2854.</designator> <label>Married minors.</label></referenceItem> </toc> <section> <num value="2851">§ 2851. </num> <heading>Small estates of minors</heading> <content>If a minor has no guardian of his estate, money belonging to the minor not exceeding $100 or other property belonging to the minor not exceeding $100 in value may be paid or delivered to a parent of the minor entitled to his custody to hold for the minor, upon written assurance verified by the oath of the parent that the total estate of the minor does not exceed $500 in value. The written receipt of the parent shall be an acquittance of the person making the payment of money or delivery of property.</content> </section> <section> <num value="2852">§ 2852. </num> <heading>Compromise of minors’ claims</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If a minor has a disputed claim for money against a third person, the father, and if the father is dead or legally incompetent or has deserted or abandoned the minor, then the mother shall have the right to compromise the claim, but before the compromise is valid or has any effect it shall be approved by the division of the district court where the minor resides, upon a verified petition in writing, filed with the court.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If the court approves the compromise, the district court may direct the money to be paid to the father or mother of the minor, with or without the filing of a bond, or it may require a general guardian or guardian ad litem to be appointed and the money to be paid to the guardian or guardian ad litem with or without a bond as in the discretion of the court seems to the best interests of the minor.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The clerk of the district court may not charge a fee for filing the petition for leave to compromise or for placing it upon the calendar to be heard by the court.</content> </subsection> </section> <section> <num value="2853">§ 2853. </num> <heading>Accounting by parent</heading> <content>The parent receiving money under the provisions of this chapter shall account to the minor for the money when the minor reaches the age of majority.</content> </section> <section> <num value="2854">§ 2854. </num> <heading>Married minors</heading> <content>A guardian of the person of a married minor may not be appointed solely by reason of minority. A guardian of the estate of a married female who has reached the age of 18 years may not be appointed solely by reason of her age.</content> <page identifier="/us/stat/76a/649">649</page> </section> </chapter> <chapter> <num value="125">CHAPTER 125—</num><heading>APPOINTMENT OF GUARDIANS FOR MINORS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2881.</designator> <label>Jurisdiction to appoint; petition; several minors; bond.</label></referenceItem> <referenceItem role="section"><designator>2882.</designator> <label>Notice of proceedings.</label></referenceItem> <referenceItem role="section"><designator>2883.</designator> <label>Temporary custody pending hearing; warrant.</label></referenceItem> <referenceItem role="section"><designator>2884.</designator> <label>Public administrator as guardian of estates of minors.</label></referenceItem> </toc> <section> <num value="2881">§ 2881. </num> <heading>Jurisdiction to appoint; petition; several minors; bond</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>When it appears necessary or convenient, the division of the district court of which a minor is an inhabitant or resident, or in which a minor who resides outside the Canal Zone has estate, may appoint a guardian for his person or estate, or both.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The appointment may be made on the petition of a relative or other person on behalf of the minor, or on the petition of the minor, if 14 years of age or over.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The court may issue letters of guardianship of the person or estate, or both, of more than one minor upon the same application. When there is an application for more than one minor, the court may permit a joint or separate bond in the multiple application.</content> </subsection> </section> <section> <num value="2882">§ 2882. </num> <heading>Notice of proceedings</heading> <content>Before making the appointment, the court shall cause such notice as it deems reasonable to be given to the person having the care of the minor, and to such relatives of the minor residing m the Canal Zone as it deems proper. In all cases notice shall be given to the parents of the minor or proof made to the court that their addresses are unknown, or that for some other reason the notice can not be given.</content> </section> <section> <num value="2883">§ 2883. </num> <heading>Temporary custody pending hearing; warrant</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>When it appears to the court, either from a verified petition or from affidavits, that the welfare of the minor will be imperiled if he is allowed to remain in the custody of the person then having his care, the court may make an order providing for his temporary custody until a hearing can be had on the petition.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>When it appears to the court that there is reason to believe that the minor will be carried out of the jurisdiction of the court, or will suffer an irreparable injury before compliance with an order providing for his temporary custody can be enforced, the court may at the time of making the order providing for his temporary custody cause a warrant to be issued, reciting the facts, and directed to the marshal, commanding him to take the minor from the custody of the person in whose care the minor then is and place him in custody in accordance with the order of the court.</content> </subsection> </section> <section> <num value="2884">§ 2884. </num> <heading>Public administrator as guardian of estates of minors</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The district court may appoint the public administrator guardian of the estate of any minor.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>The public administrator shall comply with all the provisions of this Part with respect to the guardianship of estates of minors by other persons, except that:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>his official bond and oath shall satisfy the requirements with respect to a guardian’s bond and oath; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when notice is required to be given, the notice may, in the court’s discretion, be waived or given by posting.</content> </paragraph> </subsection> </section> </chapter> <page identifier="/us/stat/76a/650">650</page> <chapter> <num value="127">CHAPTER 127—</num><heading>APPOINTMENT OF GUARDIANS FOR INCOMPETENT PERSONS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2921.</designator> <label>Incompetent person defined.</label></referenceItem> <referenceItem role="section"><designator>2922.</designator> <label>Petition for appointment of guardian of incompetent person; notice; attendance at hearing.</label></referenceItem> <referenceItem role="section"><designator>2923.</designator> <label>Appointment of guardian after hearing; preferences.</label></referenceItem> <referenceItem role="section"><designator>2924.</designator> <label>Public administrator as guardian of estates of incompetent persons.</label></referenceItem> <referenceItem role="section"><designator>2925.</designator> <label>Restoration to capacity.</label></referenceItem> </toc> <section> <num value="2921">§ 2921. </num> <heading>Incompetent person defined</heading> <content>As used in this Part, “incompetent”, “mentally incompetent”, or “incapable” means that a person is, by reason of old age, mental illness or other disease, or from any other cause, unable, when unassisted, properly to manage and take care of himself or his property, and by reason thereof would be likely to be deceived or imposed upon by artful or designing persons.</content> </section> <section> <num value="2922">§ 2922. </num> <heading>Petition for appointment of guardian of incompetent person; notice; attendance at hearing</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A relative or friend may file a verified petition in the district court alleging that a person is incompetent, and setting forth the names and residences, as far as they are known to the petitioner, of the relatives of the alleged incompetent person within the second degree residing within or without the Canal Zone. The clerk shall set the petition for hearing by the court and issue a citation directed to the alleged incompetent person setting forth the time and place of hearing so fixed by him.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If the alleged incompetent person is within the Canal Zone the citation and a copy of the petition shall be personally served on him in the same manner as provided by law for the service of a summons. If he is not within the Canal Zone the citation and a copy of the petition shall be delivered to him, personally. In all cases service shall be made on the alleged incompetent person at least 10 days before the time of hearing unless the time is shortened by the court for good cause shown.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Notice of the nature of the proceedings and of the time and place of the hearing shall be mailed by the petitioner to each of the relatives of the alleged incompetent person named in the petition at least 15 days before the time of hearing unless the time is shortened by the court for good cause shown. The court may order that similar notice be given to other persons in such manner as the court may direct. A relative or friend of the alleged incompetent person may appear and oppose the petition.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>If the alleged incompetent person is within the Canal Zone and is able to attend he shall be produced at the hearing, and if he is not able to attend by reason of physical inability or by reason that his presence in court would retard or impair his recovery or would increase his mental debility, the inability or harmful effect shall be evidenced by the affidavit of a licensed physician or surgeon, or other duly licensed medical practitioner, unless the alleged incompetent person is a patient at a hospital in the Canal Zone in which case the affidavit shall be by the medical superintendent or acting medical superintendent of the hospital.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>If the alleged incompetent person is not within the Canal Zone and if the court determines that his attendance at the hearing is necessary in the interest of justice, the court may order him to be produced at the hearing upon penalty of dismissing the petition if he is not produced. If such an order is made and it is contended that the alleged incompetent person is not able to attend by reason of physical inability or by reason that his presence in court would retard or impair<page identifier="/us/stat/76a/651">651</page> his recovery or would increase his mental debility, the inability or harmful effect shall be evidenced by the affidavit of a licensed physician or surgeon, or other licensed medical practitioner, unless the alleged incompetent person is a patient at a hospital in which case the affidavit shall be by the medical director or medical superintendent or acting medical director or medical superintendent of the hospital.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content>Affidavits provided by this section are prima facie evidence of the facts contained therein.</content> </subsection> </section> <section> <num value="2923">§ 2923. </num> <heading>Appointment of guardian after hearing; preferences</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>After hearing and examination upon the petition, if it appears to the court that the person in question is incapable of taking care of himself and managing his property, the court shall appoint a guardian of his person or estate, or both, with the powers and duties specified in this Part.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>In awarding letters of guardianship of the person or estate, or both, of an incompetent person, the court shall appoint as guardian such person as may have been designated by will or deed pursuant to section 2804 of this title unless good cause to the contrary is shown.</content> </subsection> </section> <section> <num value="2924">§ 2924. </num> <heading>Public administrator as guardian of estates of incompetent persons</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The district court may appoint the public administrator guardian of the estate of an incompetent person.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>The public administrator shall comply with all the provisions of this Part with respect to the guardianship of estates of incompetent persons by other persons, except that:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>his official bond and oath shall satisfy the requirements with respect to a guardian’s bond and oath; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when notice is required to be given, the notice may, in the court’s discretion, be waived or given by posting.</content> </paragraph> </subsection> </section> <section> <num value="2925">§ 2925. </num> <heading>Restoration to capacity</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A person who has been declared incompetent, or his guardian, or a relative within the third degree, or a friend, may petition the division of the district court in which he was declared incompetent, to have the fact of his restoration to capacity judicially determined. The petition shall be verified, and shall state that the person is then competent.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Upon receiving the petition, the court shall appoint a day for a hearing before the court. If the petitioner requests it, the court shall order an investigation before a jury, which shall be summoned and impaneled in the same manner as juries in civil actions. The court shall cause notice of the trial to be given to the guardian of the person so declared incompetent, if there is a guardian, and to the person’s spouse, if any, and to his or her father or mother, if living in the Canal Zone.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>On the trial, the guardian or relative of the person so declared incompetent, and, m the discretion of the court, any other person, may contest the right to the relief demanded. Witnesses may be required to appear and testify, as in civil cases, and may be called and examined by the court on its own motion.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>If it is found that the person is of sound mind, and capable of taking care of himself and his property, his restoration to capacity shall be adjudged, and the guardianship, if he is not a minor, shall cease.</content> </subsection> </section> </chapter> <page identifier="/us/stat/76a/652">652</page> <chapter> <num value="129">CHAPTER 129—</num><heading>OATHS, BONDS, AND LETTERS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>2961.</designator> <label>Oaths and bonds; issuance of letters.</label></referenceItem> <referenceItem role="section"><designator>2962.</designator> <label>New bonds; discharge of sureties.</label></referenceItem> <referenceItem role="section"><designator>2963.</designator> <label>Release of sureties.</label></referenceItem> <referenceItem role="section"><designator>2964.</designator> <label>Bonds; tiling; actions.</label></referenceItem> <referenceItem role="section"><designator>2965.</designator> <label>Limitation of actions on guardians’ bonds.</label></referenceItem> <referenceItem role="section"><designator>2966.</designator> <label>Recording letters of guardianship.</label></referenceItem> <referenceItem role="section"><designator>2967.</designator> <label>Oaths and affidavits of trust companies.</label></referenceItem> </toc> <section> <num value="2961">§ 2961. </num> <heading>Oaths and bonds; issuance of letters</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Before an order appointing a guardian takes effect, and before letters issue, the court shall require the person appointed to take an oath and give a bond.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The guardian shall take an oath, which shall be indorsed upon or attached to his letters, that he will perform the duties of his office as guardian according to law.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The guardian shall give a bond to the ward, with sufficient sureties approved by the court, conditioned that the guardian will faithfully execute the duties of his trust according to law. The bond shall be in such sum as the court may order, but not less than twice the value of the personal property and the probable value of the annual rents, issues, and profits or property belonging to the ward. When the bond is given by an authorized surety company, however, the court may fix the amount of the bond at not less than the value of the personal property and the probable value of the annual rents, issues, and profits of property belonging to the ward.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Sections 1374 and 1375 of this title and sections 431 and 432 of Title 3 apply to guardians appointed by the court, guardians’ bonds, and the sureties thereon.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>Upon taking the oath and filing the approved bond, letters of guardianship shall issue to the person appointed. The letters of guardianship shall be substantially in the same form as letters of administration.</content> </subsection> </section> <section> <num value="2962">§ 2962. </num> <heading>New bonds; discharge of sureties</heading> <content>When the court deems it necessary, it may require a new bond to be given by a guardian; and when it appears that injury can not result therefrom to those interested in the estate the court may discharge the existing sureties from further liability, after such notice as the court directs.</content> </section> <section> <num value="2963">§ 2963. </num> <heading>Release of sureties</heading> <content>Sections 1380–1382 of this title apply to guardians, guardians’ bonds, and the sureties thereon.</content> </section> <section> <num value="2964">§ 2964. </num> <heading>Bonds; filing; actions</heading> <content>Every bond given by a guardian shall be filed and preserved in the office of the clerk of the district court, and in case of a breach of a condition thereof, may be prosecuted for the use and benefit of the ward, or of any person interested in the estate.</content> </section> <section> <num value="2965">§ 2965. </num> <heading>Limitation of actions on guardians’ bonds</heading> <content>An action may not be maintained against the sureties on a bond given by a guardian, unless it is commenced within three years from the discharge or removal of the guardian; but if at the time of the discharge the person entitled to bring the action is under a legal disability to sue, the action may be commenced at any time within three years after the disability is removed.</content> </section> <section> <num value="2966">§ 2966. </num> <heading>Recording letters of guardianship</heading> <content>Letters of guardianship issued under this Part, with the affidavits and certificates thereon, shall be recorded by the clerk of the court having jurisdiction of the persons and estates of the wards.</content> </section> <page identifier="/us/stat/76a/653">653</page> <section> <num value="2967">§ 2967. </num> <heading>Oaths and affidavits of trust companies</heading> <content>If it is required that a guardian of the estate shall qualify by taking and subscribing an oath, or an affidavit is required, it is a sufficient qualification by a corporation or association receiving an appointment as guardian of the estate if the oath is taken and subscribed, or the affidavit is made, by the president, vice president, secretary, manager, trust officer, or assistant trust officer thereof.</content> </section> </chapter> <chapter> <num value="131">CHAPTER 131—</num><heading>POWERS AND DUTIES OF GUARDIANS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3001.</designator> <label>General powers; duration.</label></referenceItem> <referenceItem role="section"><designator>3002.</designator> <label>Payment and collection of debts; compromise of claims; representation of ward.</label></referenceItem> <referenceItem role="section"><designator>3003.</designator> <label>Management of estate; application of income; credit for advancements.</label></referenceItem> <referenceItem role="section"><designator>3004.</designator> <label>Support, maintenance, or education; enforcement against guardian; payments to third persons.</label></referenceItem> <referenceItem role="section"><designator>3005.</designator> <label>Minor having father living; support, maintenance, and education.</label></referenceItem> <referenceItem role="section"><designator>3006.</designator> <label>Incompetent wife; care or support.</label></referenceItem> <referenceItem role="section"><designator>3007.</designator> <label>Partition; powers of guardian.</label></referenceItem> <referenceItem role="section"><designator>3008.</designator> <label>Attorneys’ fees; Judgments for minors.</label></referenceItem> <referenceItem role="section"><designator>3009.</designator> <label>Additional conditions imposed by court.</label></referenceItem> </toc> <section> <num value="3001">§ 3001. </num> <heading>General powers; duration</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Until legally discharged or until the guardianship terminates as provided by chapter 141 of this title, the guardian of a minor has the care and custody of the person and the care of the education of the ward, and the management of his estate, unless he is appointed guardian only of the person of the ward, in which case the guardian shall look to the support, health, and education of the ward.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Until legally discharged or until the guardianship terminates as provided by chapter 141 of this title, the guardian of an incompetent person has the care and custody of the person of the ward, or the management of all his estate, or both, according to the order of appointment.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The guardian of a minor or incompetent person may fix the residence of the ward at any place in the Canal Zone, but not elsewhere without the permission of the court.</content> </subsection> </section> <section> <num value="3002">§ 3002. </num> <heading>Payment and collection of debts; compromise of claims; representation of ward</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The guardian shall pay the ward’s just debts out of the ward’s personal estate and the income of his real estate, if sufficient; if not, then out of his real estate upon selling or mortgaging it and disposing of the proceeds in the manner provided by chapter 133 of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The guardian shall demand, sue for, and collect all debts due to the ward, or, with the approval of the court, he may give the debtor a discharge upon such terms as may appear to the court to be for the best interest of the estate of the ward.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The guardian shall appear for and represent the ward in all legal suits and proceedings, unless another person is appointed for that purpose.</content> </subsection> </section> <section> <num value="3003">§ 3003. </num> <heading>Management of estate; application of income; credit for advancements</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The guardian of an estate shall manage it frugally and without waste, and apply the income, as far as may be necessary, to the comfortable and suitable support, maintenance, and education of the ward and his family, if any; and if the income is insufficient for that purpose, the guardian may sell or mortgage the real or personal property, as provided by chapter 133 of this title, and shall apply the proceeds of the sale or mortgage, as far as may be necessary, for the support, maintenance, and education of the ward and his family, if any.</content> </subsection> <page identifier="/us/stat/76a/654">654</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>When a guardian has advanced, for the suitable support, maintenance, or education of his ward, an amount not disproportionate to the value of his estate or his condition of life, and this is made to appear to the satisfaction of the court by proper vouchers and proofs, the guardian shall be allowed credit therefor in his settlements.</content> </subsection> </section> <section> <num value="3004">§ 3004. </num> <heading>Support, maintenance, or education; enforcement against guardian; payments to third persons</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>When a guardian fails, neglects, or refuses to furnish suitable and necessary support, maintenance, and education for his ward, the court may order him to do so, and enforce the order by proper process.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>When a third person, at the request of a ward, supplies a ward with suitable and necessary support, maintenance, or education, and it is shown to have been done after refusal or neglect of the guardian to supply it, the court may direct the guardian to pay therefor out of the estate, and enforce the payment by due process.</content> </subsection> </section> <section> <num value="3005">§ 3005. </num> <heading>Minor having father living; support, maintenance, and education</heading> <content>If a minor having a father living has property, the income of which is sufficient for his support, maintenance, and education in a manner more expensive than his father can reasonably afford, regard being had to the situation of the father’s family and to all the circumstances of the case, the expenses of the support, maintenance, and education of the minor may be defrayed out of the income of his own property, in whole or in part, as judged reasonable, and as directed by the court; and the charges therefor may be allowed accordingly in the settlement of the accounts of his guardian.</content> </section> <section> <num value="3006">§ 3006. </num> <heading>Incompetent wife; care or support</heading> <content>If the husband is unable to provide suitably for the care or support of a wife over whose estate a guardian has been appointed by reason of incompetency, the expense of providing the care or support, may, to the extent necessary, be charged against and defrayed out of the estate, as previously directed by the court or as subsequently approved by the court in settling the accounts of the guardian of the estate; for this purpose the guardian may sell or mortgage estate of the ward as provided in this title.</content> </section> <section> <num value="3007">§ 3007. </num> <heading>Partition; powers of guardian</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>after obtaining authority from the court having jurisdiction of the estate, a guardian may:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>join in and assent to a partition of the real or personal estate of his ward, whenever such an assent may be given by any person; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>consent to a partition of the real or personal estate of his ward without action, agree upon the share to be set off to the ward, and execute a release in behalf of his ward to the owners of the shares, of the parts to which they may be respectively entitled.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The order of court granting authority under subsection (a) of this section shall be made only after a hearing in open court upon petition of the guardian after notice of at least 10 days, mailed by the clerk of the court to all known relatives of the ward residing in the Canal Zone.</content> </subsection> </section> <section> <num value="3008">§ 3008. </num> <heading>Attorneys’ fees; judgments for minors</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Contracts for attorneys’ fees made by or for the benefit of minors are void, and when a judgment is recovered by or on behalf of a minor, the attorneys’ fees chargeable against the minor shall be fixed by the court in which the judgment is rendered.</content> </subsection> <page identifier="/us/stat/76a/655">655</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If a judgment recovered by or on behalf of a minor is for money, and there is no general guardian, one shall be appointed by the court, and the entire amount of the judgment shall be paid to and shall be cared for by the general guardian, under the control of the court, except that where a minor has brought an action by a guardian ad litem and has recovered a money judgment not exceeding $500, exclusive of costs, and the guardian ad litem is a parent or blood relative of the minor, then, with the approval of the court that rendered the judgment, the whole amount of the judgment may be paid directly to the guardian ad litem without a bond being required therefor.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>In any of the cases provided for in this section, the court may direct the amount fixed as attorneys’ fees to be paid directly to the attorney, and the, balance to be paid to the guardian ad litem of the minor, or to the general guardian if a general guardian has been appointed or is required by the court.</content> </subsection> </section> <section> <num value="3009">§ 3009. </num> <heading>Additional conditions imposed by court</heading> <content>When a person is appointed guardian of a minor, the court may, with his consent, insert in the order of appointment conditions not otherwise obligatory, providing for the care, treatment, education, and welfare of the minor and for the care and custody of his property. The performance of these conditions shall be a part of the duties of the guardian, for the faithful performance of which he and the sureties on his bond shall be responsible.</content> </section> </chapter> <chapter> <num value="133">CHAPTER 133—</num><heading>SALES, MORTGAGES, AND CONVEYANCES</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3041.</designator> <label>Sale or mortgage of property.</label></referenceItem> <referenceItem role="section"><designator>3042.</designator> <label>Borrowing money and mortgaging personal property.</label></referenceItem> <referenceItem role="section"><designator>3043.</designator> <label>Procedure for sales of property.</label></referenceItem> <referenceItem role="section"><designator>3044.</designator> <label>Application and investment of proceeds of sales.</label></referenceItem> <referenceItem role="section"><designator>3045.</designator> <label>Conveyances and transfers to complete contracts.</label></referenceItem> <referenceItem role="section"><designator>3046.</designator> <label>Limitation of actions for the recovery of property.</label></referenceItem> </toc> <section> <num value="3041">§ 3041. </num> <heading>Sale or mortgage of property</heading> <chapeau>Subject to confirmation by the court, a guardian may sell the real or personal estate or mortgage the real estate of his ward if:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the income of the estate is insufficient to support and maintain the ward and his family, or to support, maintain, and educate a minor ward, or to pay for the care, treatment, and support of a ward who is confined in a hospital as defined in section 1631 of Title 5;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the personal estate and the income of the real estate are insufficient to pay the ward’s just debts; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>it is for the advantage, benefit, and best interests of the estate of the ward or of such members of his family as he is legally bound to support and maintain.</content> </paragraph> </section> <section> <num value="3042">§ 3042. </num> <heading>Borrowing money and mortgaging personal property</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>When it appears to be to the advantage of an estate of a minor or incompetent person under guardianship to borrow money upon a note or notes, either unsecured, or to be secured by a chattel mortgage or other lien upon the personal property of the ward, or any part thereof, in any of the cases specified m section 3041 of this title, or in order to pay, reduce, extend, or renew a mortgage or lien already subsisting upon the personal property of the ward or a part thereof, and as often as occasion therefor arises in the course of the guardianship, the court may, by order, authorize and direct the guardian to borrow the money and to execute the note or notes, and, in the proper case, to execute the chattel mortgage or to give other security by way of pledge or other lien on the personal property.</content> </subsection> <page identifier="/us/stat/76a/656">656</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Except as provided in this subsection, the proceedings to be taken to obtain an order under this section and the effect thereof shall be the same as provided by sections 1742–1744 of this title with respect to the estate of a decedent and the executor or administrator thereof. The notice of hearing of the petition by the guardian or a person interested in the estate under section 1742 of this title shall be given by the clerk by posting and by mailing to the nearest relatives of the ward residing in the Canal Zone, and to other persons interested in the estate, for the period and in the manner provided by section 1583 of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>A chattel mortgage, pledge, or other lien made and delivered under this section is effectual to mortgage, pledge, or subject to lien all the right, title and interest which the ward has in the property described therein.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Notes signed and delivered in the negotiation of an unsecured loan under this section are effectual to create a valid obligation and debt against the ward, and shall be payable out of the funds of his estate.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>An irregularity in proceedings under this section with respect to the borrowing of money upon a note or notes secured by a chattel mortgage, pledge, or other lien, does not impair or invalidate the proceedings or the notes and mortgage, pledge, or other lien given in pursuance thereof, and, except as provided in subsection (f) of this section, the mortgagee, his heirs and assigns, possess the same rights and remedies on the note or notes and mortgage, pledge, or other lien as if it had been made by the minor ward after reaching the age of maturity or the incompetent ward when legally competent.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content>Upon a foreclosure, if the proceeds of the encumbered property are insufficient to pay the note or notes, and mortgage, pledge, or other lien, a judgment or claim for any deficiency of the proceeds to satisfy the obligation, or the costs or expenses of sale, may not be had or allowed, except in cases where the note or notes, mortgage, pledge or other lien were given to pay, reduce, extend, or renew a lien upon the interest of the minor in the property at the time it vested in him, or upon the estate of the incompetent ward at the time his incompetency was declared by the court.</content> </subsection> </section> <section> <num value="3043">§ 3043. </num> <heading>Procedure for sales of property</heading> <content>All proceedings by guardians concerning sales of property of their wards shall be had and made as required by Part 3 of this title concerning estates of decedents, unless otherwise specially provided in this Part. All known relatives of the ward within the third degree residing in the Canal Zone whose addresses are known to the guardian shall within two days after filing of the return of sale be served by mail with a brief notice of the time set for hearing of the return.</content> </section> <section> <num value="3044">§ 3044. </num> <heading>Application and investment of proceeds of sales</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If the estate is sold for the purposes mentioned in this chapter, the guardian shall apply the proceeds of the sale to those purposes, as far as necessary, and put out the residue, if any, at interest, or invest it in the best manner in his power, until the capital is needed for the maintenance of the ward and his family, or the education of his children, or for the education of the ward if a minor, in which case the capital may be used for that purpose, as far as may be necessary, in like manner as if it had been personal estate of the ward.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If the estate is sold for the purpose of putting out or investing the proceeds, the guardian shall make the investment according to his best judgment, or in pursuance of any order that may be made by the court.</content> </subsection> </section> <page identifier="/us/stat/76a/657">657</page> <section> <num value="3045">§ 3045. </num> <heading>Conveyances and transfers to complete contracts</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Proceedings for the completion of contracts for the sale of real estate by guardians shall be had and made as required by Part 3 of this title concerning the conveyance of real estate by executors and administrators under sections 1771–1779 of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>When a person who is bound by a contract in writing to convey real estate is afterwards, and before making the conveyance, adjudged to be an incompetent person, the court may make an order authorizing and directing his guardian to convey the real estate to the person entitled thereto. The decree may be made pursuant to sections 1771–1779 of this title.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>When a person who is bound by contract in writing to convey real estate, or to transfer personal property, dies before making conveyance or transfer, and in all cases when the decedent, if living might be compelled to make the conveyance or transfer, the court having jurisdiction of the guardianship proceedings of a minor may make a decree authorizing and directing the guardian of the minor, who has succeeded by distribution to the estate of the deceased person, to convey or transfer the real estate or personal property to the person entitled thereto. Sections 1771–1779 of this title apply to conveyances by guardians as provided in this subsection.</content> </subsection> </section> <section> <num value="3046">§ 3046. </num> <heading>Limitation of actions for the recovery of property</heading> <content>An action for the recovery of property sold by a guardian may not be maintained by the ward, or by a person claiming under him, unless it is commenced within three years after the termination of the guardianship, or when a legal disability to sue exists by reason of minority or otherwise at the time the cause of action accrues, within three years next after the removal thereof.</content> </section> </chapter> <chapter> <num value="135">CHAPTER 135—</num><heading>INVENTORY AND ACCOUNTING</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3081.</designator> <label>Inventory and appraisement.</label></referenceItem> <referenceItem role="section"><designator>3082.</designator> <label>Failure to file inventory or account; revocation of letters; liability on bond.</label></referenceItem> <referenceItem role="section"><designator>3083.</designator> <label>Examination of persons suspected of defrauding wards or concealing property.</label></referenceItem> <referenceItem role="section"><designator>3084.</designator> <label>Accounts of guardians; Joint guardians.</label></referenceItem> <referenceItem role="section"><designator>3085.</designator> <label>Termination of guardianship; continuing Jurisdiction to settle accounts.</label></referenceItem> <referenceItem role="section"><designator>3086.</designator> <label>Accounts of deceased guardians.</label></referenceItem> <referenceItem role="section"><designator>3087.</designator> <label>Expenses and compensation of guardians.</label></referenceItem> <referenceItem role="section"><designator>3088.</designator> <label>Investments and management of wards’ estates; orders of court.</label></referenceItem> </toc> <section> <num value="3081">§ 3081. </num> <heading>Inventory and appraisement</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Within 30 days after his appointment, or within such further period as the court, for reasonable cause, allows, the guardian shall return to the court a verified inventory of the estate of his ward. The estate of the ward described in the first inventory shall be appraised by appraisers, appointed, sworn, and acting in the manner provided for regulating the settlement of the estates of decedents. The inventory, with the appraisement of the property therein described, shall be recorded by the clerk of the court in a book kept in his office for that purpose.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>When property of the estate of a ward is discovered which is not included in the inventory of the estate already returned, and when any other property has been succeeded to or acquired by a ward, or for his benefit, like proceedings shall be had for the return and appraisement thereof and the service of the same as are provided in this section in relation to the first inventory and return.</content> </subsection> </section> <page identifier="/us/stat/76a/658">658</page> <section> <num value="3082">§ 3082. </num> <heading>Failure to file inventory or account; revocation of letters; liability on bond</heading> <content>If a guardian neglects or refuses to return an inventory or render an account within the time prescribed, the court, upon notice, may revoke his letters of guardianship, and he shall be liable on his bond the failure.</content> </section> <section> <num value="3083">§ 3083. </num> <heading>Examination of persons suspected of defrauding wards or concealing property</heading> <content>Upon complaint by a guardian, ward, creditor, or other person interested in the estate, or having a prospective interest therein as heir or otherwise, against any one suspected of having concealed, embezzled, smuggled, or fraudulently disposed of, any of the property, or an instrument in writing belonging to the ward or to his estate, the district court may cite the suspected person to appear before the court, and may examine and proceed against him on such charge in the manner provided by Part 3 of this title, with respect to persons suspected of and charged with concealing, embezzling, smuggling, or fraudulently disposing of the effects of a decedent.</content> </section> <section> <num value="3084">§ 3084. </num> <heading>Accounts of guardians; joint guardians</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>At the expiration of a year from the time of his appointment, and as often thereafter as may be required by the court, the guardian shall present his account to the court for settlement and allowance.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>When an account is rendered by two or more joint guardians, the court may allow the account upon the oath of any of them.</content> </subsection> </section> <section> <num value="3085">§ 3085. </num> <heading>Termination of guardianship; continuing jurisdiction to settle accounts</heading> <content>The termination of the relation of guardian and ward by the death of either guardian or ward or by the ward’s attaining his majority or being restored to capacity does not cause the court to lose jurisdiction of the proceeding for the purpose of settling the accounts of the guardian.</content> </section> <section> <num value="3086">§ 3086. </num> <heading>Accounts of deceased guardians</heading> <content>If a guardian dies, his accounts may be presented by his personal representative to, and settled by, the court in which the estate of which he was guardian is being administered. Upon petition of the successor of the deceased guardian, the court may compel the personal representative of the deceased guardian to render an account of the administration of his testator or intestate, and the court shall settle the account as in other cases.</content> </section> <section> <num value="3087">§ 3087. </num> <heading>Expenses and compensation of guardians</heading> <content>A guardian shall be allowed the amount of his reasonable expenses incurred in the execution of his trust, and have such compensation for his services as the court in which his accounts are settled deems just and reasonable. He shall also be allowed reasonable and proper disbursements, made after the legal termination of the guardianship, but while that relation, by consent or acquiescence of the parties, still subsists in fact, and before the discharge of the guardian by the court, and which were made by the consent, express or implied, of the ward, and for his benefit or the benefit of his estate.</content> </section> <section> <num value="3088">§ 3088. </num> <heading>Investment and management of wards’ estates; orders of court</heading> <content>On the application of a guardian or a person interested in the estate of a ward, after such notice to persons interested therein as the court directs, the court may authorize and require the guardian to invest the proceeds of sales, and any other of his ward’s money in his<page identifier="/us/stat/76a/659">659</page> hands, in a manner most to the interest of all concerned therein, and the court may make such other orders and give such directions as are needful for the management, investment, and disposition of the estate and effects as circumstances require.</content> </section> </chapter> <chapter> <num value="137">CHAPTER 137—</num><heading>NONRESIDENT WARDS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3121.</designator> <label>Appointment of guardians of nonresidents.</label></referenceItem> <referenceItem role="section"><designator>3122.</designator> <label>Powers and duties of guardians of nonresidents; bonds.</label></referenceItem> <referenceItem role="section"><designator>3123.</designator> <label>Removal of ward’s property.</label></referenceItem> <referenceItem role="section"><designator>3124.</designator> <label>Same; notice; certificate.</label></referenceItem> <referenceItem role="section"><designator>3125.</designator> <label>Same; order; discharge of local fiduciary.</label></referenceItem> </toc> <section> <num value="3121">§ 3121. </num> <heading>Appointment of guardians of nonresidents</heading> <content> <p class="indent0 firstIndent0 fontsize10">The district court may appoint a guardian of the person or estate, or both, of a minor or incompetent person, who has no guardian within the Canal Zone, legally appointed by will, deed, or otherwise, and who resides out of the Canal Zone, and has estate within the division or who, though not having such an estate, is within the division, upon petition of a friend of the person or any one interested in his estate, in expectancy or otherwise. Before making the appointment, the court shall cause notice to be given to all persons interested, in such manner as the court deems reasonable.</p> <p class="indent0 firstIndent0 fontsize10">The guardianship which is first lawfully granted of a person residing out of the Canal Zone extends to all the estate of the ward within the Canal Zone.</p> </content> </section> <section> <num value="3122">§ 3122. </num> <heading>Powers and duties of guardians of nonresidents; bonds</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A guardian appointed pursuant to section 3121 of this title has the same powers and duties, with respect to the estate of the ward within the Canal Zone, and with respect to the person of the ward, if the ward comes to reside within the Canal Zone, as are prescribed with respect to any other guardian appointed under this Part.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The guardian shall give bond to the ward, in the manner and with the like conditions as provided for other guardians, except that the provisions respecting the inventory, the disposal of the estate and effects, and the account to be rendered by the guardian, shall be confined to the estate and effects which come to his hands in the Canal Zone.</content> </subsection> </section> <section> <num value="3123">§ 3123. </num> <heading>Removal of ward’s property</heading> <content>When the guardian and ward are both nonresidents, and the ward is entitled to property in the Canal Zone which may be removed to a State or foreign country without conflict with any restriction or limitation thereupon, or impairing the right of the ward thereto, the property may be removed to the State or foreign country of the ward’s residence, upon the application of the guardian to the division of the district court in which the estate of the ward, or the principal part thereof, is situated.</content> </section> <section> <num value="3124">§ 3124. </num> <heading>Same; notice; certificate</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The application pursuant to section 3123 of this title shall be made upon 10 days’ notice to the resident executor, administrator, or guardian, if any.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>Upon the application, the nonresident guardian shall produce and file:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau>a certificate, under the hand of the clerk and the seal of the court from which his appointment was derived, showing:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>a transcript of the record of his appointment;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>that he has entered upon the discharge of his duties; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>that he is entitled, by the laws of the State of his appointment, to the possession of the estate of the ward; or</content> </subparagraph> </paragraph> <page identifier="/us/stat/76a/660">660</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>a certificate, under the hand of the clerk and the seal of the court having jurisdiction in the country of his residence of the estates of persons under guardianship, or of the highest court of the country, attested by a minister, consul, or vice consul of the United States, resident in the country, that, by the laws of the country, the applicant is entitled to the custody of the estate of his ward, without the appointment of a court.</content> </paragraph> </subsection> </section> <section> <num value="3125">§ 3125. </num> <heading>Same; order; discharge of local fiduciary</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Upon an application pursuant to sections 3123 and 3124 of this title, unless good cause to the contrary is shown, the court shall make an order granting to the guardian leave to take and remove his ward’s property to the State or place of his residence, which is authority to him to sue for and receive the property in his own name, for the use and benefit of his ward.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The order is a discharge of the executor, administrator, local guardian, or other person in whose possession the property may be at the time the order is made, on filing with the clerk of the court the nonresident guardian’s receipt therefor, and transmitting a duplicate receipt, or a certified copy of the receipt, to the court from which the nonresident guardian received his appointment.</content> </subsection> </section> </chapter> <chapter> <num value="139">CHAPTER 139—</num><heading>SUSPENSION, REMOVAL, AND RESIGNATION</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3161.</designator> <label>Removal of guardian.</label></referenceItem> <referenceItem role="section"><designator>3162.</designator> <label>Removal; notice; surrender of estate; suspension of powers pending hearing.</label></referenceItem> <referenceItem role="section"><designator>3163.</designator> <label>Resignation; appointment to fill vacancy.</label></referenceItem> <referenceItem role="section"><designator>3164.</designator> <label>Revocation of letters for contempt.</label></referenceItem> </toc> <section> <num value="3161">§ 3161. </num> <heading>Removal of guardian</heading> <chapeau>The district court may remove a guardian appointed by will or deed or by the court:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for waste or mismanagement of the estate, or abuse of his trust;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for failure to file an inventory or to render an account within the time allowed by law, or for continued failure to perform his duties;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>for incapacity to perform his duties suitably;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>for gross immorality;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>for having an interest adverse to the faithful performance of his duties;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>for removal from the Canal Zone;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>in the case of a guardian of the property, for insolvency; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>when it is no longer necessary that the ward be under guardianship.</content> </paragraph> </section> <section> <num value="3162">§ 3162. </num> <heading>Removal; notice; surrender of estate; suspension of powers pending hearing</heading> <content>The removal of a guardian may be ordered by the district court after such notice to the guardian as the court requires. The court may compel the guardian to surrender the estate of the ward to the person found to be lawfully entitled thereto. Pending the hearing, the court may suspend the powers of the guardian to such extent as it deems necessary.</content> </section> <section> <num value="3163">§ 3163. </num> <heading>Resignation; appointment to fill vacancy</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A guardian may resign when it appears proper to allow the resignation.</content> </subsection> <page identifier="/us/stat/76a/661">661</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Upon the resignation or removal of a guardian, the court may appoint another in his place, after notice and hearing as in the case of an original appointment.</content> </subsection> </section> <section> <num value="3164">§ 3164. </num> <heading>Revocation of letters for contempt</heading> <content>When a guardian is committed for contempt in disobeying a lawful order of the court, and has remained in custody for 30 days without obeying the order, or purging himself otherwise of the contempt, the court may, by order reciting the facts, and without further showing or notice, revoke his letters and appoint another person entitled thereto to succeed him.</content> </section> </chapter> <chapter> <num value="141">CHAPTER 141—</num><heading>TERMINATION OF GUARDIANSHIP</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3201.</designator> <label>Termination by marriage, majority, or court order.</label></referenceItem> <referenceItem role="section"><designator>3202.</designator> <label>Survivorship of Joint guardians.</label></referenceItem> <referenceItem role="section"><designator>3203.</designator> <label>Release by ward.</label></referenceItem> <referenceItem role="section"><designator>3204.</designator> <label>Discharge after majority.</label></referenceItem> </toc> <section> <num value="3201">§ 3201. </num> <heading>Termination by marriage, majority, or court order</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If the appointment of a guardian was made solely because of the ward’s minority, the marriage of a minor ward terminates the guardianship of the person; and the guardianship of the estate of a minor ward is terminated upon his attaining majority as provided by section 31 of Title 4.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If the appointment of a guardian was made solely because of the ward’s minority, the guardianship is terminated by his obtaining majority.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>In all other cases the guardianship is terminated only by order of the court upon application of the guardian or the ward, after such notice to the other as the court requires, or by restoration of the ward to capacity pursuant to chapter 127 of this title.</content> </subsection> </section> <section> <num value="3202">§ 3202. </num> <heading>Survivorship of joint guardians</heading> <content>On the death of one joint guardian, the power continues to the survivor or survivors until a further appointment is made by the court.</content> </section> <section> <num value="3203">§ 3203. </num> <heading>Release by ward</heading> <content>After a ward has reached his majority, he may settle accounts with his guardian and give him a release, which is valid if obtained fairly and without undue influence.</content> </section> <section> <num value="3204">§ 3204. </num> <heading>Discharge after majority</heading> <content>Except as otherwise provided by this Part, a guardian appointed by a court is not entitled to his discharge until one year after the ward’s majority.</content> </section> </chapter> <chapter> <num value="143">CHAPTER 143—</num><heading>NOTICES AND PROCEDURE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3241.</designator> <label>Requests for special notice.</label></referenceItem> <referenceItem role="section"><designator>3242.</designator> <label>United States as party; notice; actions on bonds; exceptions to accounts.</label></referenceItem> <referenceItem role="section"><designator>3243.</designator> <label>Order appointing guardians; entry and filing.</label></referenceItem> <referenceItem role="section"><designator>3244.</designator> <label>Procedure generally.</label></referenceItem> <referenceItem role="section"><designator>3245.</designator> <label>Guardians ad litem.</label></referenceItem> </toc> <section> <num value="3241">§ 3241. </num> <heading>Requests for special notice</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>At any time after the issuance of letters of guardianship upon the estate of a minor or incompetent person, a relative of the ward, or the attorney for a relative, may serve upon the guardian, or upon the guardian’s attorney, and file with the clerk of the court wherein administration of the ward’s estate is pending, a written request, stating his post-office address and stating that he desires special notice of any or all of the following matters, steps, or proceedings in the administration of the estate:</chapeau> <page identifier="/us/stat/76a/662">662</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>filing of the return of sales of any property of the ward’s estate;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>filing of accounts;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>filing of application for removal of any property of the ward’s estate to a foreign jurisdiction;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>filing of petitions for partition of any property of the ward’s estate;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>proceedings for removal, suspension or discharge of the guardian, or final determination of the guardianship.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Thereafter a brief notice of the filing of any such petitions, applications, accounts, or proceedings, except petitions for sale of perishable property, or other personal property which will incur expense or loss by keeping, shall be addressed to the relative, or his attorney, at his stated post-office address, and deposited in the post office, within two days after the filing of the petition, account, application, or the commencement of the proceedings; or personal service of the notice may be made on the relative, or his attorney, within two days, and the personal service shall be equivalent to deposit in the post office. Proof of mailing or of personal service shall be filed with the clerk before the hearing of the matter.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If upon the hearing it appears to the satisfaction of the court that the notice has been regularly given, the court shall so find in its order or judgment, and the judgment shall be final and conclusive upon all persons.</content> </subsection> </section> <section> <num value="3242">§ 3242. </num> <heading>United States as party; notice; actions on bonds; exceptions to accounts</heading> <chapeau>When compensation, pension, insurance, or other allowance is made or awarded to minor or incompetent persons for whom guardians have been appointed, or to their estates, by the United States Government or a department or agency thereof, the department or agency making or awarding the compensation, pension, insurance, or allowance shall have the same right as provided in this title for interested parties and relatives to:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>request notice of proceedings;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>commence and prosecute actions on guardians’ bonds;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>petition the court for appointment or removal of guardians of minor or incompetent persons; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>file exceptions in writing to guardians’ accounts and contest the accounts.</content> </paragraph> </section> <section> <num value="3243">§ 3243. </num> <heading>Order appointing guardians; entry and filing</heading> <content>An order appointing a guardian becomes a decree of the court and shall be entered at length in the records of the court, or shall be signed by the judge and filed.</content> </section> <section> <num value="3244">§ 3244. </num> <heading>Procedure generally</heading> <content>Part 3 of this title, relating to the estates of decedents, as far as they relate to the practice in the district court, applies to proceedings under this Part.</content> </section> <section> <num value="3245">§ 3245. </num> <heading>Guardians ad litem</heading> <content>This Part does not affect or impair the power of the court to appoint a guardian ad litem to defend the interests of a minor or incompetent person interested in a suit or matter pending therein.</content> </section> </chapter> </part> <page identifier="/us/stat/76a/663">663</page> <part> <num class="bold" value="5">PART 6—</num><heading class="bold">TRUSTS AND TRUSTEES</heading> <toc> <headingItem> <designator><inline class="smallCaps">Chapter</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>161.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Trusts Generally</inline></label> <target>3501</target></referenceItem> <referenceItem role="chapter"><designator>163.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Trusts for Benefit of Third Persons</inline></label> <target>3611</target></referenceItem> <referenceItem role="chapter"><designator>165.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Administration of Testamentary Trusts</inline></label> <target>3781</target></referenceItem> </toc> <chapter> <num value="161">CHAPTER 161—</num><heading>TRUSTS GENERALLY</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">nature and creation of a trust</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3501.</designator> <label>Classification of trusts.</label></referenceItem> <referenceItem role="section"><designator>3502.</designator> <label>Voluntary trust defined.</label></referenceItem> <referenceItem role="section"><designator>3503.</designator> <label>Involuntary trust defined.</label></referenceItem> <referenceItem role="section"><designator>3504.</designator> <label>Parties to the contract.</label></referenceItem> <referenceItem role="section"><designator>3505.</designator> <label>Trustee defined.</label></referenceItem> <referenceItem role="section"><designator>3506.</designator> <label>Purposes for which trust may be created.</label></referenceItem> <referenceItem role="section"><designator>3507.</designator> <label>Creation of voluntary trust as to trustor and beneficiary.</label></referenceItem> <referenceItem role="section"><designator>3508.</designator> <label>Creation of voluntary trust as to trustee.</label></referenceItem> <referenceItem role="section"><designator>3509.</designator> <label>Involuntary trustee defined.</label></referenceItem> <referenceItem role="section"><designator>3510.</designator> <label>Involuntary trust resulting from fraud, accident, mistake, etc.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">obligations of trustees</inline></label></referenceItem> <referenceItem role="section"><designator>3531.</designator> <label>Good faith.</label></referenceItem> <referenceItem role="section"><designator>3532.</designator> <label>Use of trust property for own profit.</label></referenceItem> <referenceItem role="section"><designator>3533.</designator> <label>Prohibited transactions; exceptions.</label></referenceItem> <referenceItem role="section"><designator>3534.</designator> <label>Influence to obtain advantage.</label></referenceItem> <referenceItem role="section"><designator>3535.</designator> <label>Undertaking trust adverse to interest of beneficiary.</label></referenceItem> <referenceItem role="section"><designator>3536.</designator> <label>Disclosure of adverse interest; removal.</label></referenceItem> <referenceItem role="section"><designator>3537.</designator> <label>Violations as fraud.</label></referenceItem> <referenceItem role="section"><designator>3538.</designator> <label>Transactions creating presumption against trustee.</label></referenceItem> <referenceItem role="section"><designator>3539.</designator> <label>Mingling trust property with that of trustee.</label></referenceItem> <referenceItem role="section"><designator>3540.</designator> <label>Measure of liability for breach of trust.</label></referenceItem> <referenceItem role="section"><designator>3541.</designator> <label>Liability of cotrustee for acts of others.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">obligations of third persons</inline></label></referenceItem> <referenceItem role="section"><designator>3561.</designator> <label>Third persons as Involuntary trustees.</label></referenceItem> <referenceItem role="section"><designator>3562.</designator> <label>Obligation of third person to see to proper application of trust property.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">miscellaneous provisions</inline></label></referenceItem> <referenceItem role="section"><designator>3581.</designator> <label>Trust companies as trustees, assignees, etc.</label></referenceItem> <referenceItem role="section"><designator>3582.</designator> <label>Oaths and affidavits of trust companies.</label></referenceItem> <referenceItem role="section"><designator>3583.</designator> <label>Waiver of provisions; intention of parties.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Nature and Creation of a Trust</heading> <section> <num value="3501">§ 3501. </num> <heading>Classification of trusts</heading> <chapeau>A trust is either:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>voluntary; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>involuntary.</content> </paragraph> </section> <section> <num value="3502">§ 3502. </num> <heading>Voluntary trust defined</heading> <content>A voluntary trust is an obligation arising out of a personal confidence reposed in, and voluntarily accepted by, one for the benefit of another.</content> </section> <section> <num value="3503">§ 3503. </num> <heading>Involuntary trust defined</heading> <content>An involuntary trust is one which is created by operation of law.</content> </section> <section> <num value="3504">§ 3504. </num> <heading>Parties to the contract</heading> <content>The person whose confidence creates a trust is called the trustor; the person in whom the confidence is reposed is called the trustee; and the person for whose benefit the trust is created is called the beneficiary.</content> </section> <section> <num value="3505">§ 3505. </num> <heading>Trustee defined</heading> <content>One who voluntarily assumes a relation of personal confidence with another is a trustee, within the meaning of this chapter, not only as to the person who reposes the confidence, but also as to all<page identifier="/us/stat/76a/664">664</page> persons of whose affairs he thus acquires information which was given to that person in the like confidence, or over whose affairs he, by such confidence, obtains any control.</content> </section> <section> <num value="3506">§ 3506. </num> <heading>Purposes for which trust may be created</heading> <content>A trust may be created for any purpose for which a contract may lawfully be made, except as otherwise prescribed by chapter 25 of Title 4, relating to the transfer of property.</content> </section> <section> <num value="3507">§ 3507. </num> <heading>Creation of voluntary trust as to trustor and beneficiary</heading> <chapeau>A voluntary trust is created, as to the trustor and beneficiary, by any words or acts of the trustor, indicating with reasonable certainty:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an intention on the part of the trustor to create a trust; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the subject, purpose, and beneficiary of the trust.</content> </paragraph> </section> <section> <num value="3508">§ 3508. </num> <heading>Creation of voluntary trust as to trustee</heading> <chapeau>A voluntary trust is created, as to the trustee, by any words or acts of his indicating with reasonable certainty:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>his acceptance of the trust, or his acknowledgment, made upon sufficient consideration, of its existence; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the subject, purpose, and beneficiary of the trust.</content> </paragraph> </section> <section> <num value="3509">§ 3509. </num> <heading>Involuntary trustee defined</heading> <content>One who wrongfully detains a thing is an involuntary trustee thereof for the benefit of the owner.</content> </section> <section> <num value="3510">§ 3510. </num> <heading>Involuntary trust resulting from fraud, accident, mistake, etc.</heading> <content>One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Obligations of Trustees</heading> <section> <num value="3531">§ 3531. </num> <heading>Good faith</heading> <content>In all matters connected with his trust, a trustee shall act in the highest good faith toward his beneficiary, and may not obtain any advantage therein over the latter by the slightest misrepresentation, concealment, threat, or adverse pressure of any kind.</content> </section> <section> <num value="3532">§ 3532. </num> <heading>Use of trust property for own profit</heading> <content>A trustee may not use or deal, in any manner, with the trust property for his own profit, or for any other purpose unconnected with the trust.</content> </section> <section> <num value="3533">§ 3533. </num> <heading>Prohibited transactions; exceptions</heading> <chapeau>A trustee or his agent may not take part in a transaction concerning the trust in which he or anyone for whom he acts as agent has an interest, present or contingent, adverse to that of his beneficiary, except:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>when the beneficiary, having capacity to contract, with a full knowledge of the motives of the trustee, and of all other facts concerning the transaction which might affect his own decision, and without the use of any influence on the part of the trustee, permits him to do so;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when the beneficiary not having capacity to contract, the proper court, upon the like information of the facts, grants the like permission; or</content> </paragraph> <page identifier="/us/stat/76a/665">665</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>when some of the beneficiaries having capacity to contract, and some not having it, the former grant permission for themselves, and the proper court grants permission for the latter, in the manner above prescribed.</content> </paragraph> </section> <section> <num value="3534">§ 3534. </num> <heading>Influence to obtain advantage</heading> <content>A trustee may not use the influence which his position gives him to obtain an advantage from his beneficiary.</content> </section> <section> <num value="3535">§ 3535. </num> <heading>Undertaking trust adverse to interest of beneficiary</heading> <content>A trustee, so long as he remains in the trust, may not undertake another trust adverse in its nature to the interest of his beneficiary in the subject of the trust, without the consent of the latter.</content> </section> <section> <num value="3536">§ 3536. </num> <heading>Disclosure of adverse interest; removal</heading> <content>If a trustee acquires an interest, or becomes charged with a duty, adverse to the interest of his beneficiary in the subject of the trust, he shall immediately inform the latter thereof, and may be at once removed.</content> </section> <section> <num value="3537">§ 3537. </num> <heading>Violations as fraud</heading> <content>A violation of section 3531, 3532, 3533, 3534, 3535, or 3536 of this title is a fraud against the beneficiary of a trust.</content> </section> <section> <num value="3539">§ 3539. </num> <heading>Mingling trust property with that of trustee</heading> <content>A transaction between a trustee and his beneficiary during the existence of the trust, or while the influence acquired by the trustee remains, by which he obtains an advantage from his beneficiary, is presumed to be entered into by the latter without sufficient consideration, and under undue influence.</content> </section> <section> <num value="3539">§ 3539. </num> <heading>Mingling trust property with that of trustee</heading> <content>A trustee who willfully and unnecessarily mingles the trust property with his own, so as to constitute himself in appearance its absolute owner, is liable for its safety in all events, and for the value of its use.</content> </section> <section> <num value="3540">§ 3540. </num> <heading>Measure of liability for breach of trust</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A trustee who uses or disposes of the trust property, contrary to section 3532 of this title, may, at the option of the beneficiary, be required to account for all profits so made, or to pay the value of its use, and, if he has disposed thereof, to replace it, with its fruits, or to account for its proceeds, with interest.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A trustee who uses or disposes of the trust property in any manner not authorized by the trust, but in good faith, and with intent to serve the interests of the beneficiary, is liable only to make good whatever is lost to the beneficiary by his error.</content> </subsection> </section> <section> <num value="3541">§ 3541. </num> <heading>Liability of cotrustee for acts of others</heading> <content>A trustee is responsible for the wrongful acts of a cotrustee to which he consented, or which, by his negligence, he enabled the latter to commit, but for no others.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Obligations of Third Persons</heading> <section> <num value="3561">§ 3561. </num> <heading>Third persons as involuntary trustees</heading> <content>A person to whom property is transferred in violation of a trust, holds the property as an involuntary trustee under the trust, unless he purchased it in good faith, and for a valuable consideration.</content> </section> <page identifier="/us/stat/76a/666">666</page> <section> <num value="3562">§ 3562. </num> <heading>Obligation of third person to see to proper application of trust property</heading> <content>A person who actually and in good faith transfers any money or other property to a trustee, as such, is not bound to see to the application thereof, and his rights are not prejudiced by a misapplication thereof by the trustee. Other persons shall at their peril, see to the proper application of money or other property paid or delivered by them.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Miscellaneous Provisions</heading> <section> <num value="3581">§ 3581. </num> <heading>Trust companies as trustees, assignees, etc.</heading> <content>A corporation or association authorized to conduct the business of a trust company in the Canal Zone may be appointed to act as a trustee, assignee, receiver, or depositary, in like manner as an individual.</content> </section> <section> <num value="3582">§ 3582. </num> <heading>Oaths and affidavits of trust companies</heading> <content>If it is required that a trustee, assignee, receiver, or depositary shall (qualify by taking and subscribing an oath, or an affidavit is required, it is a sufficient qualification by a corporation or association receiving an appointment, as such, if the oath is taken and subscribed, or the affidavit is made, by the president, vice president, secretary, manager, trust officer, or assistant trust officer thereof.</content> </section> <section> <num value="3583">§ 3583. </num> <heading>Waiver of provisions; intention of parties</heading> <content>Except where it is otherwise declared, the provisions of this chapter and chapter 163 of this title, with respect to the rights and obligations of parties to contracts, are subordinate to the intention of the parties, when ascertained in the manner prescribed by chapter 35 of Title 4, relating to the interpretation of contracts; and the benefit thereof may be waived by a party entitled thereto, unless the waiver would be against public policy.</content> </section> </subchapter> </chapter> <chapter> <num value="163">CHAPTER 163—</num><heading>TRUSTS FOR BENEFIT OF THIRD PERSONS</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">nature and creation of the trust</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3611.</designator> <label>Trusts within scope of chapter.</label></referenceItem> <referenceItem role="section"><designator>3612.</designator> <label>Creation by mutual consent.</label></referenceItem> <referenceItem role="section"><designator>3613.</designator> <label>Trustor when trustee appointed by court or officer.</label></referenceItem> <referenceItem role="section"><designator>3614.</designator> <label>Declaration of trust.</label></referenceItem> <referenceItem role="section"><designator>3615.</designator> <label>Oral declarations; merger of previous declarations with written declaration.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">obligations of trustees</inline></label></referenceItem> <referenceItem role="section"><designator>3651.</designator> <label>Obedience to declaration of trust.</label></referenceItem> <referenceItem role="section"><designator>3652.</designator> <label>Degree of care and diligence.</label></referenceItem> <referenceItem role="section"><designator>3653.</designator> <label>Care and diligence as to appointment of successor.</label></referenceItem> <referenceItem role="section"><designator>3654.</designator> <label>Investments by trustee.</label></referenceItem> <referenceItem role="section"><designator>3655.</designator> <label>Payment of interest on failure to invest.</label></referenceItem> <referenceItem role="section"><designator>3656.</designator> <label>Purchase by trustee of claims against trust fund.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">powers of trustees</inline></label></referenceItem> <referenceItem role="section"><designator>3681.</designator> <label>Authority as general agent.</label></referenceItem> <referenceItem role="section"><designator>3682.</designator> <label>Uniting by cotrustees in acts to bind trust property.</label></referenceItem> <referenceItem role="section"><designator>3683.</designator> <label>Discretionary power.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">rights of trustees</inline></label></referenceItem> <referenceItem role="section"><designator>3701.</designator> <label>Indemnification.</label></referenceItem> <referenceItem role="section"><designator>3702.</designator> <label>Compensation.</label></referenceItem> <referenceItem role="section"><designator>3703.</designator> <label>Involuntary trustee.</label></referenceItem> <page identifier="/us/stat/76a/667">667</page> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter v</inline>—</designator><label><inline class="smallCaps">termination of the trust</inline></label></referenceItem> <referenceItem role="section"><designator>3721.</designator> <label>Extinguishment.</label></referenceItem> <referenceItem role="section"><designator>3722.</designator> <label>Revocation.</label></referenceItem> <referenceItem role="section"><designator>3723.</designator> <label>Vacation of office.</label></referenceItem> <referenceItem role="section"><designator>3724.</designator> <label>Discharge of trustee.</label></referenceItem> <referenceItem role="section"><designator>3725.</designator> <label>Removal by district court.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter vi</inline>—</designator><label><inline class="smallCaps">succession of appointment of new trustees</inline></label></referenceItem> <referenceItem role="section"><designator>3751.</designator> <label>Appointment by court; nominee of beneficiary.</label></referenceItem> <referenceItem role="section"><designator>3752.</designator> <label>Survivorship between cotrustees.</label></referenceItem> <referenceItem role="section"><designator>3753.</designator> <label>When court shall appoint trustee.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Nature and Creation of the Trust</heading> <section> <num value="3611">§ 3611. </num> <heading>Trusts within scope of chapter</heading> <content>The provisions of this chapter apply only to express trusts, created for the benefit of another than the trustor, and in which the title to the trust property is vested in the trustee; not including, however, those of executors, administrators, and guardians, as such.</content> </section> <section> <num value="3612">§ 3612. </num> <heading>Creation by mutual consent</heading> <content>The mutual consent of a trustor and trustee creates a trust of which the beneficiary may take advantage at any time prior to its rescission.</content> </section> <section> <num value="3613">§ 3613. </num> <heading>Trustor when trustee appointed by court or officer</heading> <content>When a trustee is appointed by a court or public officer, as such, the court or officer is the trustor, within the meaning of section 3612 of this title.</content> </section> <section> <num value="3614">§ 3614. </num> <heading>Declaration of trust</heading> <content>The nature, extent, and object of a trust are expressed in the declaration of trust.</content> </section> <section> <num value="3615">§ 3615. </num> <heading>Oral declarations; merger of previous declarations with written declaration</heading> <content>All declarations of a trustor to his trustees, in relation to the trust, before its acceptance by the trustees, or any of them, are to be deemed part of the declaration of the trust, except that when a declaration of trust is made in writing, all previous declarations by the same trustor are merged therein.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Obligations of Trustees</heading> <section> <num value="3651">§ 3651. </num> <heading>Obedience to declaration of trust</heading> <content>A trustee shall fulfill the purpose of the trust, as declared at its creation, and shall follow all the directions of the trustor given at that time, except as modified by the consent of all parties interested, in the same manner, and to the same extent, as an employee.</content> </section> <section> <num value="3652">§ 3652. </num> <heading>Degree of care and diligence</heading> <content>A trustee, whether or not he receives any compensation, shall use at least ordinary care and diligence in the execution of his trust.</content> </section> <section> <num value="3653">§ 3653. </num> <heading>Care and diligence as to appointment of successor</heading> <content>If a trustee procures or assents to his discharge from his office, before his trust is fully executed, he shall use at least ordinary care and diligence to secure the appointment of a trustworthy successor before accepting his own final discharge.</content> </section> <section> <num value="3654">§ 3654. </num> <heading>Investments by trustee</heading> <content>A trustee shall invest money received by him under the trust, as fast as he collects a sufficient amount, in such manner as to afford reasonable security and interest for the money invested.</content> </section> <page identifier="/us/stat/76a/668">668</page> <section> <num value="3655">§ 3655. </num> <heading>Payment of interest on failure to invest</heading> <content>A trustee who omits to invest the trust moneys according to section 3654 of this title shall pay simple interest thereon, if the omission is negligent merely, and compound interest if it is willful.</content> </section> <section> <num value="3656">§ 3656. </num> <heading>Purchase by trustee of claims against trust fund</heading> <content>A trustee may not enforce a claim against the trust property which he purchases after or in contemplation of his appointment as trustee; but he may be allowed, by a competent court, to charge to the trust property what he has in good faith paid for the claim, upon discharging it.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Powers of Trustees</heading> <section> <num value="3681">§ 3681. </num> <heading>Authority as general agent</heading> <content>A trustee is a general agent for the trust property. His authority is only such as is conferred upon him by the declaration of trust and by this chapter. His acts, within the scope of his authority, bind the trust property to the same extent as the acts of an agent bind his principal.</content> </section> <section> <num value="3682">§ 3682. </num> <heading>Uniting by cotrustees in acts to bind trust property</heading> <content>Where there are several cotrustees, all shall unite in an act to bind the trust property, unless the declaration of trust otherwise provides.</content> </section> <section> <num value="3683">§ 3683. </num> <heading>Discretionary powers</heading> <content>A discretionary power conferred upon a trustee is presumed not to be left to his arbitrary discretion, but may be controlled by the proper court if not reasonably exercised, unless an absolute discretion is clearly conferred by the declaration of trust.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Rights of Trustees</heading> <section> <num value="3701">§ 3701. </num> <heading>Indemnification</heading> <content>A trustee is entitled to the repayment, out of the trust property, of all expenses actually and properly incurred by him in the performance of his trust. He is entitled to the repayment of even unlawful expenditures, if they were productive of actual benefit to the estate.</content> </section> <section> <num value="3702">§ 3702. </num> <heading>Compensation</heading> <content>Except as provided by section 3782 of this title, when a declaration of trust is silent upon the subject of compensation the trustee is entitled to the same compensation as an executor. If it specifies the amount of his compensation, he is entitled only to the amount thus specified. If it directs that he shall be allowed a compensation but does not specify the rate or amount, he is entitled to such compensation as may be reasonable under the circumstances. If there are two or more trustees, the compensation shall be apportioned among the trustees according to the services rendered by them respectively.</content> </section> <section> <num value="3703">§ 3703. </num> <heading>Involuntary trustee</heading> <content>An involuntary trustee, who becomes an involuntary trustee through his own fault, has none of the rights mentioned in this subchapter.</content> </section> </subchapter> <subchapter> <num class="bold" value="V">Subchapter V—</num><heading class="bold">Termination of the Trust</heading> <section> <num value="3721">§ 3721. </num> <heading>Extinguishment</heading> <content>A trust is extinguished by the entire fulfillment of its object, or by the object of the trust becoming impossible or unlawful.</content> </section> <page identifier="/us/stat/76a/669">669</page> <section> <num value="3722">§ 3722. </num> <heading>Revocation</heading> <content>A trust may not be revoked by the trustor after its acceptance, actual or presumed, by the trustee and beneficiaries, except by the consent of all the beneficiaries, unless the declaration of trust reserves a power of revocation to the trustor. In the latter case, the power shall be strictly construed.</content> </section> <section> <num value="3723">§ 3723. </num> <heading>Vacation of office</heading> <content>The office of a trustee is vacated by his death or his discharge.</content> </section> <section> <num value="3724">§ 3724. </num> <heading>Discharge of trustee</heading> <chapeau>A trustee may be discharged from his trust only by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the extinction of the trust;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the completion of his duties under the trust;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>such means as may be prescribed by the declaration of trust;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>the consent of the beneficiary, if he has capacity to contract;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the judgment of a competent tribunal, in a direct proceeding for that purpose, that he is legally incompetent; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>the district court.</content> </paragraph> </section> <section> <num value="3725">§ 3725. </num> <heading>Removal by district court</heading> <content>The district court may remove a trustee who has violated or is unfit to execute the trust, or may accept the resignation of a trustee.</content> </section> </subchapter> <subchapter> <num class="bold" value="VI">Subchapter VI—</num><heading class="bold">Succession or Appointment of New Trustees</heading> <section> <num value="3751">§ 3751. </num> <heading>Appointment by court; nominee of beneficiary</heading> <content>The district court shall appoint a trustee whenever there is a vacancy, and the declaration of trust does not provide a practical method of appointment. In all cases of appointment of a trustee by the court, if the beneficiary is 14 years of age or over, he may make nomination to the court, and unless the nominee is incompetent, upon one or more of the grounds of incompetency specified in section 1101 of this title, to discharge the duties of trustee, the court shall appoint the nominee as trustee. If there are two or more beneficiaries, only those 14 years of age or over may make the nomination.</content> </section> <section> <num value="3752">§ 3752. </num> <heading>Survivorship between cotrustees</heading> <content>On the death, renunciation, or discharge of one of several cotrustees the trust survives to the others.</content> </section> <section> <num value="3753">§ 3753. </num> <heading>When court shall appoint trustee</heading> <content>When a trust exists without an appointed trustee, or where all the trustees renounce, die, or are discharged, the district court shall appoint another trustee and direct the execution of the trust. The court may appoint the original number, or any lesser number of trustees.</content> </section> </subchapter> </chapter> <chapter> <num value="165">CHAPTER 165—</num><heading>ADMINISTRATION OF TESTAMENTARY TRUSTS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>3781.</designator> <label>Continuing jurisdiction; accounting by trustee.</label></referenceItem> <referenceItem role="section"><designator>3782.</designator> <label>Expenses and compensation of trustees.</label></referenceItem> <referenceItem role="section"><designator>3783.</designator> <label>Declination of trustees; filling vacancies; jurisdiction.</label></referenceItem> </toc> <section> <num value="3781">§ 3781. </num> <heading>Continuing jurisdiction; accounting by trustee</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>When a trust has been created by or under a will to continue after distribution, the district court does not lose jurisdiction of the estate by final distribution, but retains it for the purpose of the settlement of accounts under the trust.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A trustee created by a will, or appointed to execute a trust created by a will, may, from time to time, pending the execution of his trust, or may, at the termination thereof, render and pray for the settlement of his accounts as trustee, before the court in which the<page identifier="/us/stat/76a/670">670</page> will was probated, and in the manner provided for the settlement of the accounts of executors and administrators. For that purpose the trustee, or his legal representatives in case of his death, shall present to the court his verified petition, setting forth his accounts in detail, with a report showing the condition of trust estate, together with a verified statement of the trustee, giving the names and post-office addresses, if known, of the beneficiaries. Upon the filing thereof, the clerk shall fix a day for the hearing, and give notice thereof of not less than 10 days, by causing notices to be posted in at least three public places in the Canal Zone, setting forth the name of the trust estate, the trustee, and the day appointed for the settlement of the account. The court may order such further notice to be given as may be proper.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The trustee may, in the discretion of the court, upon application of a beneficiary of the trust, or the guardian of a beneficiary, be ordered to appear and render his account, after being cited by service of citation, as provided for the service of summons in civil actions, and the application may not be denied where an account has not been rendered to the court within six months prior to the application. Upon the filing of the account so ordered, the same proceedings for the hearing and settlement thereof shall be had as provided in subsection (b) of this section.</content> </subsection> </section> <section> <num value="3782">§ 3782. </num> <heading>Expenses and compensation of trustees</heading> <content>On an accounting the court shall allow the trustee or trustees the proper expenses and such compensation for services as it deems just and reasonable. The court shall apportion the compensation among the trustees according to the services rendered by them respectively. The court may fix a yearly compensation for the trustee or trustees to continue as long as the court deems proper.</content> </section> <section> <num value="3783">§ 3783. </num> <heading>Decimation of trustee; filling vacancies; jurisdiction</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A person designated as a trustee in a will which is admitted to probate in the Canal Zone may, at any time before final distribution, decline to act as trustee, and an order of court shall thereupon be made accepting the resignation. The declination of a person who has qualified as trustee may not be accepted by the court, unless it is in writing and filed in the matter of the estate in the court in which the administration is pending, and such notice shall be given thereof as is required upon a petition praying for letters of administration.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The court in which the administration is pending may at any time before final distribution appoint a proper person to fill a vacancy in the office of trustee under the will, whether resulting from declination, removal, or otherwise, if it is required by law or necessary to carry out the trust created by the will that the vacancy be filled. A person so appointed shall, before acting as trustee, give a bond as IS required by section 1371 of this title of a person to whom letters of administration are directed to issue. The appointment may be made by the court upon the written application of any person interested in the trust filed in the probate proceedings, and shall only be made after notice to all parties interested in the trust, given in the same manner as notice is required to be given of the hearing upon the petition for the probate of a will.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>In each case under this section, the court may order such further notice as it deems necessary.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>In accepting a declination under the provisions of this section, the court may make and enforce any order which may be necessary for the preservation of the estate.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>This section applies where a final decree of distribution has not been made.; but the jurisdiction given by this section does not exclude, in cases to which it applies, the jurisdiction now possessed by the district court.</content> </subsection> </section> </chapter> </part> 671 <num value="8">TITLE 8—</num><heading>DOMESTIC RELATIONS</heading> <toc> <headingItem> <designator><inline class="smallCaps">Chapter</inline></designator> <label /> <target>Sec.</target> </headingItem> <referenceItem role="chapter"><designator>1.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Marriage</inline></label> <target>1</target></referenceItem> <referenceItem role="chapter"><designator>3.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Void and Voidable Marriages; Annulment</inline></label> <target>71</target></referenceItem> <referenceItem role="chapter"><designator>5.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Divorce</inline></label> <target>111</target></referenceItem> <referenceItem role="chapter"><designator>7.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Husband and Wife</inline></label> <target>271</target></referenceItem> <referenceItem role="chapter"><designator>9.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Children by Birth</inline></label> <target>331</target></referenceItem> <referenceItem role="chapter"><designator>11.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Children by Adoption</inline></label> <target>381</target></referenceItem> <referenceItem role="chapter"><designator>13.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Support of Relations</inline></label> <target>421</target></referenceItem> <referenceItem role="chapter"><designator>15.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Establishing Paternity</inline></label> <target>461</target></referenceItem> <referenceItem role="chapter"><designator>17.</designator> <label leaderChar="＿" leaderAlign="right"><inline class="smallCaps">Change of Name</inline></label> <target>531</target></referenceItem> </toc> <chapter> <num value="1">CHAPTER 1—</num><heading>MARRIAGE</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">general provisions</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>1.</designator> <label>Marriage relation; consent; solemnization.</label></referenceItem> <referenceItem role="section"><designator>2.</designator> <label>Capacity of minors to marry.</label></referenceItem> <referenceItem role="section"><designator>3.</designator> <label>Proof of consent and solemnization.</label></referenceItem> <referenceItem role="section"><designator>4.</designator> <label>Marriage license; application; waiting period; medical certificate or court order; fee; record; period of validity.</label></referenceItem> <referenceItem role="section"><designator>5.</designator> <label>Who may celebrate marriages; license to celebrate.</label></referenceItem> <referenceItem role="section"><designator>6.</designator> <label>Certifying, signing, return, and recording of license; marriage certificate.</label></referenceItem> <referenceItem role="section"><designator>7.</designator> <label>Declaration when there is no record.</label></referenceItem> <referenceItem role="section"><designator>8.</designator> <label>Acknowledgment and recording of declaration.</label></referenceItem> <referenceItem role="section"><designator>9.</designator> <label>Test of validity of the marriage by suit.</label></referenceItem> <referenceItem role="section"><designator>10.</designator> <label>Marriages contracted outside Canal Zone.</label></referenceItem> <referenceItem role="section"><designator>11.</designator> <label>Offenses and penalties.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">pre-marital medical examinations</inline></label></referenceItem> <referenceItem role="section"><designator>31.</designator> <label>Medical examination required.</label></referenceItem> <referenceItem role="section"><designator>32.</designator> <label>Laboratory tests.</label></referenceItem> <referenceItem role="section"><designator>33.</designator> <label>Procedure upon return of examination.</label></referenceItem> <referenceItem role="section"><designator>34.</designator> <label>Marriage license, without medical certificate, because of pregnancy.</label></referenceItem> <referenceItem role="section"><designator>35.</designator> <label>Submission of specimen to laboratory; report in triplicate.</label></referenceItem> <referenceItem role="section"><designator>36.</designator> <label>Protest after refusal of medical certificate and marriage license; hearing.</label></referenceItem> <referenceItem role="section"><designator>37.</designator> <label>Health director to advise judge.</label></referenceItem> <referenceItem role="section"><designator>38.</designator> <label>Appeal from order.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">General Provisions</heading> <section> <num value="1">§ 1. </num> <heading>Marriage relation; consent; solemnization</heading> <content>Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making that contract is necessary. Consent alone does not constitute marriage; it must be followed by a solemnization authorized by this title.</content> </section> <section> <num value="2">§ 2. </num> <heading>Capacity of minors to marry</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Except as provided by subsections (b) and (c) of this section, a male under 21 years of age or a female under 18 years of age may not enter into a marriage in the Canal Zone.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>A male 17 years of age or over and under 21, or a female 14 years of age or over and under 18, may enter into a marriage with the written consent of:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>his or her natural or adopted parents; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the parent having his or her custody if the parents are divorced; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>one parent, if the other is dead, has deserted his or her family, or has been adjudged incompetent; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>a legally appointed guardian if there is no parent qualified to give consent.</content> </paragraph> </subsection> <page identifier="/us/stat/76a/672">672</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau>The written consent required by subsection (b) of this section shall be sworn to and acknowledged before a person authorized to administer oaths, and shall state:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the name and age of the minor;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the name of the person whom the minor wishes to marry; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if the consent is executed by only one parent as provided by paragraph (2) or (3) of subsection (b) of this section, the applicable circumstances referred to in those paragraphs.</content> </paragraph> </subsection> </section> <section> <num value="3">§ 3. </num> <heading>Proof of consent and solemnization</heading> <content>Consent to marriage and solemnization thereof may be proved under the same general rules of evidence as facts are proved in other cases.</content> </section> <section> <num value="4">§ 4. </num> <heading>Marriage license; application; waiting period; medical certificate or court order; fee; record; period of validity</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A marriage may not be celebrated in the Canal Zone unless a license to marry has first been secured from the office of the clerk of the district court in either division. If both parties to a proposed marriage are residents of the Republic of Panama and neither is a United States citizen, a license may not issue in the Canal Zone unless the parties have previously obtained a license to marry from the proper authorities in the Republic of Panama. A marriage license may not be issued to a leper except upon a certificate of approval by the health director of the Canal Zone Government. A license when issued shall be accompanied by a marriage certificate to be executed by the person celebrating the marriage.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>The application for a marriage license shall state:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the name, address, age, color, and race of each of the persons to be married;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the relationship, if any, of the persons, by consanguinity or affinity; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if either person has been previously married, the date and place of each previous marriage, the name of each former spouse, and the manner in which each previous marriage has been terminated.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau>Except as provided by subsection (d) of this section, the clerk shall issue a marriage license, after application therefor, if:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the application for the license is in accordance with subsection (b) of this section, and is accompanied by the written consent when required by section 2 of this title; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>it appears to the clerk’s satisfaction, from the sworn statements of the persons desiring to marry, or, if required by the clerk, from the sworn statement of another person, that no legal impediment to the marriage is known to exist.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <chapeau>The clerk may not issue a marriage license until:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the application therefor remains on file, open to the public, in his office, for three days before license is issued; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>each of the persons desiring to be married has presented and filed with him either a medical certificate indicating that the examination required by subchapter II of this chapter has been made, or an order from the district court, as provided by that subchapter, directing him to issue the license.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>The Governor shall prescribe the form of the application for a marriage license, of the marriage license, and of the marriage certificate.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="f">(f) </num> <content>The clerk shall collect a fee of $2 upon the issuance of a marriage license, and shall keep a record of all licenses issued and of all applications for licenses, together with any written consent of parents or a parent or guardian or the health director accompanying the same.<page identifier="/us/stat/76a/673">673</page> The fee shall be disposed of in the same manner as other fees received by the clerk.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="g">(g) </num> <content>A marriage license is valid for only 30 days, including the date it is issued.</content> </subsection> </section> <section> <num value="5">§ 5. </num> <heading>Who may celebrate marriages; license to celebrate</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A marriage may be celebrated in the Canal Zone only by a:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>magistrate of the Canal Zone;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>minister in good standing in any religious society or denomination who resides in the Canal Zone; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>minister in good standing in any religious society or denomination who resides in the Republic of Panama, if he has procured from the clerk of the district court for the Canal Zone a license authorizing the minister to celebrate marriages in the Canal Zone.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The clerk shall issue the license provided for by paragraph (3) of subsection (a) of this section upon the submission, by a minister referred to therein, of a written application, together with a duly authenticated copy of his authority to celebrate marriages in the Republic of Panama. The clerk shall be paid a fee of $5 for issuing and recording the license. The fee shall be disposed of in the same manner as other fees received by the clerk.</content> </subsection> </section> <section> <num value="6">§ 6. </num> <heading>Certifying, signing, return, and recording of license; marriage certificate</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>The judicial officer or minister celebrating a marriage shall:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>certify upon the marriage license that he celebrated the marriage, giving his official title and the time when and place where the marriage was celebrated;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>cause two persons who witnessed the marriage to sign their names on the marriage license as witnesses, each giving his place of residence;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>at the time of the marriage, fill out and sign the marriage certificate accompanying the license and deliver it to one of the parties to the marriage; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>within thirty days after the date of the marriage, return the license, so certified and witnessed, to the clerk who issued it.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Upon return of a license as required by subsection (a) of this section, the clerk shall file it after making registry thereof in a book to be kept in his office for that purpose only. The registry must contain the Christian and surnames of the parties, the time of their marriage, and the name and title of the person who celebrated the marriage.</content> </subsection> </section> <section> <num value="7">§ 7. </num> <heading>Declaration when there is no record</heading> <chapeau>If a record of the solemnization of a marriage, heretofore contracted, is not known to exist, the parties may join in a written declaration of the marriage, substantially showing:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the names, ages, and residences of the parties;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the fact of marriage; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>that a record of the marriage is not known to exist.</content> </paragraph> <continuation class="indent0 firstIndent1 fontsize10">The declaration shall be subscribed by the parties and attested by at least three witnesses.</continuation> </section> <section> <num value="8">§ 8. </num> <heading>Acknowledgment and recording of declaration</heading> <content>Declarations of marriage shall be acknowledged and recorded in the office of the clerk of the district court.</content> </section> <section> <num value="9">§ 9. </num> <heading>Test of validity of the marriage by suit</heading> <content>If either party to a marriage denies the marriage, or refuses to join in a declaration thereof, the other may proceed, by action in the district court, to have the validity of the marriage determined and declared.</content> </section> <page identifier="/us/stat/76a/674">674</page> <section> <num value="10">§ 10. </num> <heading>Marriages contracted outside Canal Zone</heading> <content>Except as provided by section 73 of this title, marriages contracted outside the Canal Zone, which are valid under the laws of the country in which they were contracted, are valid in the Canal Zone.</content> </section> <section> <num value="11">§ 11. </num> <heading>Offenses and penalties</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Whoever, being a judicial officer, minister qualified to celebrate marriages in the Canal Zone or a clerk of court, violates section 4, 5 or 6 of this title, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Whoever knowingly makes a false oath as to a material matter for the purpose of procuring or aiding another to procure a marriage license is guilty of perjury and shall be imprisoned in the penitentiary not more than 10 years.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Whoever knowingly files with the clerk a written consent, any signature to which is a forgery, is guilty of uttering a forged instrument and shall be imprisoned in the penitentiary not more than 14 years.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Whoever, not being qualified to celebrate marriages in the Canal Zone pursuant to this subchapter, celebrates what purports to be a marriage ceremony shall be imprisoned in the penitentiary not more than 3 years.</content> </subsection> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Pre-Marital Medical Examinations</heading> <section> <num value="31">§ 31. </num> <heading>Medical examination required</heading> <content>Each person making application for a marriage license shall, at any time within 15 days prior to the application, be examined by a physician authorized to practice medicine in the Canal Zone as to the existence, or nonexistence of any stage of syphilis infection that is or is likely to become communicable.</content> </section> <section> <num value="32">§ 32. </num> <heading>Laboratory tests</heading> <content>The medical examination required by section 31 of this title shall include a complete history, such physical examination as will reveal any existing clinical evidence of a syphilis infection, and a laboratory test or tests. Laboratory tests required by this subchapter shall be made by a laboratory approved by the health director of the Canal Zone Government. A laboratory test made by a government-operated hospital or clinic shall be made free of charge. Laboratory tests shall include a Kahn diagnostic test for syphilis, or other serological test for syphilis approved by the health director, or a Darkfield test for syphilis when moist lesions are present, or both tests. The medical certificate shall be made on a form prescribed by the health director.</content> </section> <section> <num value="33">§ 33. </num> <heading>Procedure upon return of examination</heading> <content>If, on the basis of laboratory tests, and the medical examination, the examining physician finds no evidence of a syphilis infection, he shall issue a medical certificate to that effect to the applicant, and if he finds evidence of a syphilis infection, a medical certificate shall be withheld until the applicant has undergone additional clinical examination and laboratory tests, by the same or another physician authorized to practice medicine in the Canal Zone, to determine the existence or nonexistence of a syphilis infection. If the existence of a syphilis infection is determined, the applicant immediately becomes subject to regulations issued pursuant to section 911 of Title 2 to prevent persons having a syphilis infection in a communicable stage from transferring the infection to other persons, and a medical certificate shall be issued only when the regulations for prevention of the spread of syphilis have been fully complied with.</content> </section> <page identifier="/us/stat/76a/675">675</page> <section> <num value="34">§ 34. </num> <heading>Marriage license, without medical certificate, because of pregnancy</heading> <content>If a female applicant for a marriage license makes an affidavit to the effect that marriage is necessary because she is with child and that the marriage will confer legitimacy on the unborn child, the district court may hear and determine on medical testimony the question of pregnancy and, on adjudging that pregnancy exists, shall order the clerk of the court to issue the marriage license if all other requirements of the law regulating the issuance of marriage licenses are complied with, even though the clinical examination and laboratory tests reveal that one or both applicants have a syphilis infection. In its order, the court shall provide that the applicant or applicants having syphilis infection shall be treated for the infection as provided by the regulations referred to in section 33 of this title. A copy of the order shall be filed with the clerk in lieu of the medical certificate.</content> </section> <section> <num value="35">§ 35. </num> <heading>Submission of specimen to laboratory; report in triplicate</heading> <content>A health officer, or a physician authorized to practice medicine in the Canal Zone and designated as a representative of the health director of the Canal Zone Government, who takes from an applicant for marriage license a specimen for laboratory examination shall submit it in a manner prescribed by the health director, and shall identify that specimen as “Pre-marital” when submitting it to an approved laboratory for test. The laboratory shall provide a report, in triplicate, on a form prepared and furnished by the health director, of the result of the text on each specimen submitted. The original of each report shall be forwarded to the physician submitting the specimen. A duplicate shall be forwarded to the health director not later than Saturday of the week in which the test was made, and the triplicate shall be retained by the laboratory for its files.</content> </section> <section> <num value="36">§ 36. </num> <heading>Protest after refusal of medical certificate and marriage license; hearing</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If an applicant has been refused a marriage license by the clerk of the district court because of failure to obtain a medical certificate, the applicant may elect to file a protest and take the procedure authorized by this section or to take any other proper procedure.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If an applicant elects the procedure authorized by this section, he shall file a protest in the division of the district court in which the license was denied. Notice of the protest shall be served, in the same manner as a summons, upon the health director of the Canal Zone Government.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>An action pursuant to subsection (b) of this section shall be summarily heard and determined by the judge in chambers. All persons shall be excluded from the hearing except necessary officers of the court, attorneys of record in the matter under consideration, the health director or a physician appointed as a representative of the health director, the witnesses and any other persons authorized by the applicant to attend. The evidence shall be transcribed, and all information, reports and evidence concerning the persons allegedly having a syphilis infection, and all recommendations, including laboratory reports pertaining thereto, shall be considered privileged communications and shall be inaccessible to the public. A final order upon a hearing in the matter shall simply state that the applicant may or may not secure the license sought if all other requirements of law regulating the issuance of a marriage license are complied with. There shall be no court costs chargeable for services incident to carrying out the provisions of this section, and the services shall be considered a part of the official duties of all officers involved in the proceedings.</content> </subsection> <page identifier="/us/stat/76a/676">676</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>A protest shall be heard by the judge within 20 days after it is tiled, and upon the hearing the judge shall, in addition to any other evidence, hear medical testimony by the medical examiner, or examiners, and testimony by the health director or by a physician authorized to practice medicine in the Canal Zone and designated as a representative of the health director. The medical testimony shall be addressed solely to the determination of whether the applicant is suffering from syphilis infection in a communicable stage or in a stage likely to become communicable. Evidence of a laboratory examination is not admissible unless the examination was made in a laboratory approved by the health director for the purpose of making serological tests. A written report of an approved laboratory, attested by the physician in charge and identifying the applicant, is prima facie evidence of the result of the laboratory test made concerning the applicant.</content> </subsection> </section> <section> <num value="37">§ 37. </num> <heading>Health director to advise judge</heading> <content>In order that the district court may arrive at just decisions pursuant to sections 34 and 36 of this title, the health director of the Canal Zone Government, after hearing the evidence, shall, by himself or by a physician authorized to practice medicine in the Canal Zone and especially skilled in the diagnosis of pregnancy, or in the diagnosis, prevention and treatment of syphilis, advise the judge in writing as to the existence of pregnancy or of syphilis in communicable stage or a stage likely to become communicable. The advice shall be considered by the court and made a part of the record.</content> </section> <section> <num value="38">§ 38. </num> <heading>Appeal from order</heading> <content>Either the health director of the Canal Zone Government or the applicant may appeal to the United States Court of Appeals for the Fifth Circuit from a final order issued by the district court pursuant to section 34 or 36 of this title, within 60 days from the date of the entry of the order, in the same manner as that provided for appeals in civil actions.</content> </section> </subchapter> </chapter> <chapter> <num value="3">CHAPTER 3—</num><heading>VOID AND VOIDABLE MARRIAGES; ANNULMENT</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>71.</designator> <label>Void marriages.</label></referenceItem> <referenceItem role="section"><designator>72.</designator> <label>Voidable marriages.</label></referenceItem> <referenceItem role="section"><designator>73.</designator> <label>Annulment of marriage celebrated elsewhere.</label></referenceItem> <referenceItem role="section"><designator>74.</designator> <label>Jurisdiction of annulment actions; parties.</label></referenceItem> <referenceItem role="section"><designator>75.</designator> <label>Legitimacy of children of void or annulled marriages; custody and support.</label></referenceItem> <referenceItem role="section"><designator>76.</designator> <label>Effect of Judgment of nullity.</label></referenceItem> </toc> <section> <num value="71">§ 71. </num> <heading>Void marriages</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A marriage celebrated in the Canal Zone after December 29, 1926, is void, without being so decreed, if:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>it is between persons related by consanguinity within the fourth degree, determined pursuant to sections 572–574 of Title 7;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>either party thereto has been previously married and the previous marriage has not been terminated by death, annulment or a final decree of divorce; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>either party thereto is not present in person at the celebration of the marriage.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>In addition, a void marriage may be declared by judicial decree, or be shown in any collateral proceeding, to have been void from the time of its celebration.</content> </subsection> </section> <page identifier="/us/stat/76a/677">677</page> <section> <num value="72">§ 72. </num> <heading>Voidable marriages</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A marriage celebrated in the Canal Zone after December 29, 1926, is voidable if:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>either party thereto, at the time of the marriage, is an idiot or is insane;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the consent of either party thereto was procured by force or fraud;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>either party thereto is, at the time of the marriage, incapable, from physical cause, of entering into the marriage state;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>because of the age of either party thereto, a written consent under section 2 of this title was required, and the marriage was celebrated without such consent; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>at the time of the marriage, the male is under 17 or the female is under 14 years of age.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A voidable marriage is valid until it is annulled by judicial decree as of the date of such decree.</content> </subsection> </section> <section> <num value="73">§ 73. </num> <heading>Annulment of marriage celebrated elsewhere</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A marriage celebrated outside the Canal Zone may be declared void or annulled in the same manner and with the same effect as though it had been celebrated in the Canal Zone if the petitioner has resided in the Canal Zone within a period of 30 days before and a period of 30 days after the date of the marriage.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A marriage celebrated outside the Canal Zone may be declared void or annulled by an action instituted by the United States attorney for the Canal Zone in the name of the Government of the Canal Zone.</content> </subsection> </section> <section> <num value="74">§ 74. </num> <heading>Jurisdiction of annulment actions; parties</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The district court has jurisdiction of an action to have a marriage declared void or annulled.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>An action to have a marriage declared void or annulled may be instituted:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in the case of a male person under 21 or a female person under 18 years of age, through a next friend or by a parent or guardian; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in the case of an idiot or an insane person, through a next friend.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>An action to have a marriage declared void or annulled may not be instituted by a person who, when fully capable of contracting marriage, entered into the marriage willfully and with knowledge of the circumstances rendering the marriage voidable.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>An uncontested action to have a marriage declared void or annulled shall be heard in open court.</content> </subsection> </section> <section> <num value="75">§ 75. </num> <heading>Legitimacy of children of void or annulled marriages; custody and support</heading> <content>The issue of a void marriage is legitimate. A judgment of nullity of marriage does not affect the legitimacy of children conceived or born before the judgment, and, during the pendency of the action, or at the time judgment is rendered or at any time thereafter, the court may make such order for the custody, care, education, maintenance and support of the children during their minority as it deems necessary or proper.</content> </section> <section> <num value="76">§ 76. </num> <heading>Effect of judgment of nullity</heading> <content>A judgment of nullity of marriage is conclusive only as against the parties to the action and those claiming under them.</content> </section> </chapter> <page identifier="/us/stat/76a/678">678</page> <chapter> <num value="5">CHAPTER 5—</num><heading>DIVORCE</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">causes for divorce</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>111.</designator> <label>Enumeration of causes for divorce.</label></referenceItem> <referenceItem role="section"><designator>112.</designator> <label>Adultery.</label></referenceItem> <referenceItem role="section"><designator>113.</designator> <label>Desertion generally.</label></referenceItem> <referenceItem role="section"><designator>114.</designator> <label>Desertion in case of stratagem or fraud.</label></referenceItem> <referenceItem role="section"><designator>115.</designator> <label>Departure or absence because of cruelty or threats.</label></referenceItem> <referenceItem role="section"><designator>116.</designator> <label>Separation by consent.</label></referenceItem> <referenceItem role="section"><designator>117.</designator> <label>Absence becoming desertion.</label></referenceItem> <referenceItem role="section"><designator>118.</designator> <label>Consent to separate as revocable.</label></referenceItem> <referenceItem role="section"><designator>119.</designator> <label>Return as curing desertion ; effect of refusing condonation.</label></referenceItem> <referenceItem role="section"><designator>120.</designator> <label>Husband’s selection of home or mode of living.</label></referenceItem> <referenceItem role="section"><designator>121.</designator> <label>Habitual drunkenness.</label></referenceItem> <referenceItem role="section"><designator>122.</designator> <label>Extreme cruelty.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">causes for denying divorce</inline></label></referenceItem> <referenceItem role="section"><designator>151.</designator> <label>Acts or circumstances prohibiting divorce.</label></referenceItem> <referenceItem role="section"><designator>152.</designator> <label>Connivance.</label></referenceItem> <referenceItem role="section"><designator>153.</designator> <label>Corrupt consent.</label></referenceItem> <referenceItem role="section"><designator>154.</designator> <label>Collusion.</label></referenceItem> <referenceItem role="section"><designator>155.</designator> <label>Condonation generally.</label></referenceItem> <referenceItem role="section"><designator>156.</designator> <label>Requisites to condonation.</label></referenceItem> <referenceItem role="section"><designator>157.</designator> <label>Implication by condonation.</label></referenceItem> <referenceItem role="section"><designator>158.</designator> <label>Evidence of condonation.</label></referenceItem> <referenceItem role="section"><designator>159.</designator> <label>Time when condonation can be made.</label></referenceItem> <referenceItem role="section"><designator>160.</designator> <label>Concealment as voiding condonation.</label></referenceItem> <referenceItem role="section"><designator>161.</designator> <label>Revocation of condonation.</label></referenceItem> <referenceItem role="section"><designator>162.</designator> <label>Recrimination generally.</label></referenceItem> <referenceItem role="section"><designator>163.</designator> <label>Condonation as bar to recriminatory defense.</label></referenceItem> <referenceItem role="section"><designator>164.</designator> <label>Lapse of time as bar to divorce; limitations.</label></referenceItem> <referenceItem role="section"><designator>165.</designator> <label>Presumptions arising from lapse of time.</label></referenceItem> <referenceItem role="section"><designator>166.</designator> <label>Rebuttal of presumptions.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iii</inline>—</designator><label><inline class="smallCaps">procedure in divorce actions</inline></label></referenceItem> <referenceItem role="section"><designator>191.</designator> <label>Jurisdiction and venue of divorce actions.</label></referenceItem> <referenceItem role="section"><designator>192.</designator> <label>Residence requirements.</label></referenceItem> <referenceItem role="section"><designator>193.</designator> <label>Procedure generally.</label></referenceItem> <referenceItem role="section"><designator>194.</designator> <label>Complaint.</label></referenceItem> <referenceItem role="section"><designator>195.</designator> <label>Counterclaim for divorce.</label></referenceItem> <referenceItem role="section"><designator>196.</designator> <label>Uncontested actions; default; additional notice.</label></referenceItem> <referenceItem role="section"><designator>197.</designator> <label>Admissions of defendant.</label></referenceItem> <referenceItem role="section"><designator>198.</designator> <label>Interlocutory order; appeal; final decree of divorce.</label></referenceItem> <referenceItem role="section"><designator>199.</designator> <label>Effect of divorce generally.</label></referenceItem> <referenceItem role="section"><designator>200.</designator> <label>Legitimacy of children.</label></referenceItem> <referenceItem role="section"><designator>201.</designator> <label>Resumption of former name.</label></referenceItem> <referenceItem role="section"><designator>202.</designator> <label>Decrees and orders prior to September 21, 1922.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter iv</inline>—</designator><label><inline class="smallCaps">alimony, support, custody, and property</inline></label></referenceItem> <referenceItem role="section"><designator>231.</designator> <label>Custody and care of children pending action.</label></referenceItem> <referenceItem role="section"><designator>232.</designator> <label>Alimony pending action.</label></referenceItem> <referenceItem role="section"><designator>233.</designator> <label>Maintenance where divorce is denied.</label></referenceItem> <referenceItem role="section"><designator>234.</designator> <label>Separate maintenance action.</label></referenceItem> <referenceItem role="section"><designator>235.</designator> <label>Alimony and maintenance; care, custody and support of children.</label></referenceItem> <referenceItem role="section"><designator>236.</designator> <label>Order of resort to property.</label></referenceItem> <referenceItem role="section"><designator>237.</designator> <label>Withholding allowance to prevailing party.</label></referenceItem> <referenceItem role="section"><designator>238.</designator> <label>Subjection of property to support and education of children.</label></referenceItem> <referenceItem role="section"><designator>239.</designator> <label>Disposition of community property on divorce.</label></referenceItem> <referenceItem role="section"><designator>240.</designator> <label>Compelling conveyance of property belonging to other spouse.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Causes for Divorce</heading> <section> <num value="111">§ 111. </num> <heading>Enumeration of causes for divorce</heading> <chapeau>A divorce or dissolution of the marriage contract may be judicially declared at the instance of the injured party for any of the following causes:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>adultery subsequent to the marriage;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>willful desertion or absence from the husband or wife for a period of two years;</content> </paragraph> <page identifier="/us/stat/76a/679">679</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>willful neglect, consisting of the willful failure of the husband to provide for his wife the necessaries of life, he having the ability to do so, or the willful failure to do so by reason of voluntary idleness, profligacy, or dissipation, in either case continued for a period of one year;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>habitual drunkenness for a period of two years;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>attempt, by the husband or wife, on the life of the other by any means showing malice;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>extreme cruelty; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>conviction, subsequent to the marriage, of a felony.</content> </paragraph> </section> <section> <num value="112">§ 112. </num> <heading>Adultery</heading> <content>Adultery is the voluntary sexual intercourse of a married person with a person other than the offender’s husband or wife.</content> </section> <section> <num value="113">§ 113. </num> <heading>Desertion generally</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Willful desertion is the voluntary separation of one of the married parties from the other with intent to desert.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Persistent refusal to have reasonable matrimonial intercourse as husband and wife, when health or physical condition does not make the refusal reasonably necessary, or the refusal without just cause of either party to dwell in the same house with the other party, is desertion.</content> </subsection> </section> <section> <num value="114">§ 114. </num> <heading>Desertion in case of stratagem or fraud</heading> <content>If one party is induced, by the strategem or fraud of the other party, to leave the family dwelling place, or to be absent, and during the absence the offending party departs with intent to desert the other, it is desertion by the party committing the stratagem or fraud, and not by the other.</content> </section> <section> <num value="115">§ 115. </num> <heading>Departure or absence because of cruelty or threats</heading> <content>Departure or absence of one party from the family dwelling place, caused by extreme cruelty or by threats of bodily harm from which danger would be reasonably apprehended from the other, is not desertion by the absent party, but it is desertion by the other party.</content> </section> <section> <num value="116">§ 116. </num> <heading>Separation by consent</heading> <content>Separation by consent, with or without the understanding that one of the parties will apply for a divorce, is not desertion.</content> </section> <section> <num value="117">§ 117. </num> <heading>Absence becoming desertion</heading> <content>Absence or separation, proper in itself, becomes desertion whenever the intent to desert is fixed during the absence or separation.</content> </section> <section> <num value="118">§ 118. </num> <heading>Consent to separate as revocable</heading> <content>Consent to a separation is a revocable act, and if one of the parties afterwards, in good f aim, seeks a reconciliation and restoration, but the other refuses it, the refusal is desertion.</content> </section> <section> <num value="119">§ 119. </num> <heading>Return as curing desertion; effect of refusing condonation</heading> <content>If one party deserts the other, and, before the expiration of the statutory period required to make the desertion a cause of divorce, returns and offers in good faith to fulfill the marriage contract, and solicits condonation, the desertion is cured. If the other party refuses the offer and condonation, the refusal shall be deemed and treated as desertion by that party from the time of refusal.</content> </section> <section> <num value="120">§ 120. </num> <heading>Husband’s selection of home or mode of living</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The husband may choose any reasonable place or mode of living, and if the wife does not conform thereto, it is desertion on her part.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If the place or mode of living selected by the husband is unreasonable and grossly unfit, and the wife does not conform thereto, it<page identifier="/us/stat/76a/680">680</page> is desertion on the part of the husband from the time her reasonable objections are made Known to him.</content> </subsection> </section> <section> <num value="121">§ 121. </num> <heading>Habitual drunkenness</heading> <chapeau>Habitual drunkenness is that degree of intemperance from the use of intoxicating drinks which:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>disqualifies the person a great portion of the time from properly attending to business; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>would reasonably inflict a course of great mental anguish upon the innocent party.</content> </paragraph> </section> <section> <num value="122">§ 122. </num> <heading>Extreme cruelty</heading> <content>Extreme cruelty is the wrongful infliction of grievous bodily injury, or grievous mental suffering, upon the other by one party to the marriage.</content> </section> </subchapter> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Causes for Denying Divorce</heading> <section> <num value="151">§ 151. </num> <heading>Acts or circumstances prohibiting divorce</heading> <chapeau>Divorces shall be denied upon showing:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>connivance;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>collusion;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>condonation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>recrimination; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>limitation and lapse of time.</content> </paragraph> </section> <section> <num value="152">§ 152. </num> <heading>Connivance</heading> <content>Connivance is the corrupt consent of one party to the commission of the acts of the other, constituting the cause of divorce.</content> </section> <section> <num value="153">§ 153. </num> <heading>Corrupt consent</heading> <content>Corrupt consent is manifested by passive permission with intent to connive at or actively procure the commission of the acts complained of.</content> </section> <section> <num value="154">§ 154. </num> <heading>Collusion</heading> <content>Collusion is an agreement between husband and wife that one of them shall commit, or appear to have committed, or to be represented in court as having committed, acts constituting a cause of divorce, for the purpose of enabling the other to obtain a divorce.</content> </section> <section> <num value="155">§ 155. </num> <heading>Condonation generally</heading> <content>Condonation is the conditional forgiveness of a matrimonial offense constituting a cause of divorce.</content> </section> <section> <num value="156">§ 156. </num> <heading>Requisites to condonation</heading> <chapeau>The following requisites are necessary to condonation:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a knowledge on the part of the condoner of the facts constituting the cause of divorce;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>reconciliation and remission of the offense by the injured party; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>restoration of the offending party to all marital rights.</content> </paragraph> </section> <section> <num value="157">§ 157. </num> <heading>Implication by condonation</heading> <content>Condonation implies a condition subsequent; that the forgiving party must be treated with conjugal kindness.</content> </section> <section> <num value="158">§ 158. </num> <heading>Evidence of condonation</heading> <content>Where the cause of divorce consists of a course of offensive conduct, or arises, in cases of cruelty, from excessive acts of ill treatment which may aggregately constitute the offense, cohabitation, or passive endurance, or conjugal kindness, is not evidence of condonation of any of the acts constituting the cause, unless accompanied by an express agreement to condone.</content> </section> <page identifier="/us/stat/76a/681">681</page> <section> <num value="159">§ 159. </num> <heading>Time when condonation can be made</heading> <content>In cases mentioned in section 168 of this title, condonation can be made only after the cause of divorce has become complete as to the acts complained of.</content> </section> <section> <num value="160">§ 160. </num> <heading>Concealment as voiding condonation</heading> <content>A fraudulent concealment by the condonee of facts constituting a different cause of divorce from the one condoned, and existing at the time of condonation, avoids the condonation.</content> </section> <section> <num value="161">§ 161. </num> <heading>Revocation of condonation</heading> <chapeau>Condonation is revoked and the original cause of divorce revived when the condonee:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>commits acts constituting a like or other cause of divorce; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>is guilty of great conjugal unkindness, not amounting to a cause of divorce, but sufficiently habitual and gross to show that the conditions of condonation had not been accepted in good faith, or not fulfilled.</content> </paragraph> </section> <section> <num value="162">§ 162. </num> <heading>Recrimination generally</heading> <content>Recrimination is a showing by the defendant of a cause of divorce against the plaintiff, in oar of the plaintiff’s cause for divorce.</content> </section> <section> <num value="163">§ 163. </num> <heading>Condonation as bar to recriminatory defense</heading> <chapeau>Condonation of a cause of divorce, shown in the answer as a recriminatory defense, is a bar to the defense unless:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the condonation is revoked as provided in section 161 of this title; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>two years have elapsed after the condonation, and before the accruing or completion of the cause of divorce against which the recrimination is shown.</content> </paragraph> </section> <section> <num value="164">§ 164. </num> <heading>Lapse of time as bar to divorce; limitations</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A divorce shall be denied:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>when the cause is adultery and the action is not commenced within two years after the commission of the act of adultery, or after its discovery by the injured party;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>when the cause is conviction of felony, and the action is not commenced before the expiration of two years after a pardon, or the termination of the period of sentence; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in all other cases when there is an unreasonable lapse of time before the commencement of the action.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>There are no limitations of time for commencing actions for divorce, except those contained in subsection (a) of this section.</content> </subsection> </section> <section> <num value="165">§ 165. </num> <heading>Presumptions arising from lapse of time</heading> <content>Unreasonable lapse of time is such a delay in commencing the action as establishes the presumption that there has been connivance, collusion, or condonation of the offense, or full acquiescence in the same, with intent to continue the marriage relation notwithstanding the commission of the offense.</content> </section> <section> <num value="166">§ 166. </num> <heading>Rebuttal of presumptions</heading> <content>The presumptions arising from lapse of time may be rebutted by showing reasonable grounds for the delay in commencing the action.</content> </section> </subchapter> <subchapter> <num class="bold" value="III">Subchapter III—</num><heading class="bold">Procedure in Divorce Actions</heading> <section> <num value="191">§ 191. </num> <heading>Jurisdiction and venue of divorce actions</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The district court has jurisdiction of actions for divorce.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Complaints for divorce shall be filed in the division of the district court in which the plaintiff resides.</content> </subsection> </section> <page identifier="/us/stat/76a/682">682</page> <section> <num value="192">§ 192. </num> <heading>Residence requirements</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>A person is a resident of the Canal Zone for the purpose of this chapter, although he may not have acquired a permanent domicile within the Canal Zone, if he:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>has an official residence within the territorial limits of the Canal Zone; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>resides therein for the purpose of an occupation or employment.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A plaintiff who has not actually resided in the Canal Zone continuously during the entire year next preceding the filing of the complaint is not entitled to a divorce.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau>The plaintiff shall prove the required residence, to the satisfaction of the court, by at least two witnesses who are residents of the Canal Zone. He shall file an affidavit with the complaint stating the:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>length of time the plaintiff has resided in the Canal Zone;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>places of residence during the next preceding year; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>office or occupation of the plaintiff.</content> </paragraph> </subsection> </section> <section> <num value="193">§ 193. </num> <heading>Procedure generally</heading> <content>Except as otherwise provided in this chapter, the process and practice in proceedings for divorce are the same as in other civil actions in which equitable relief is sought.</content> </section> <section> <num value="194">§ 194. </num> <heading>Complaint</heading> <chapeau>In an action for divorce the complaint shall set forth, among other matters, as near as can be ascertained, the following facts:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>State or country in which the parties were married;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>date of marriage;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>date of separation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>number of years from marriage to separation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>number of children of the marriage, if any, and, if none, a statement of that fact; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>ages of minor children.</content> </paragraph> </section> <section> <num value="195">§ 195. </num> <heading>Counterclaim for divorce</heading> <content>In his answer, the defendant may file a counterclaim for divorce; and when filed the court shall decree the divorce to the party legally entitled thereto. If the original complaint is dismissed after the filing of the counterclaim, the defendant may proceed to the trial of the counterclaim without further notice to the adverse party; and the proceedings on the counterclaim are governed by the same rules as are applicable to the proceedings on an original complaint.</content> </section> <section> <num value="196">§ 196. </num> <heading>Uncontested actions; default; additional notice</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If the complaint is taken as confessed, the court shall proceed to hear the cause by examination of witnesses in open court, unless it otherwise orders pursuant to section 271 of Title 3.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>In case of default the court may not grant a divorce unless it is satisfied that:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>all proper means have been taken to notify the defendant of the pendency of the suit; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the cause of divorce has been fully proved by competent evidence.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>When the court is satisfied that the interests of the defendant require it, the court may order such additional notice as it considers equitable.</content> </subsection> </section> <section> <num value="197">§ 197. </num> <heading>Admissions of defendant</heading> <content>In proceedings for divorce, an admission of the defendant may not be taken as evidence unless the court is satisfied that the admission was made in sincerity and without fraud or collusion to enable the plaintiff to obtain a divorce.</content> </section> <page identifier="/us/stat/76a/683">683</page> <section> <num value="198">§ 198. </num> <heading>Interlocutory order; appeal; final decree of divorce</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A final decree granting a divorce may not be entered until after the expiration of a period of six months from the date of the entry of an interlocutory order adjudging that a case for divorce has been proved. The interlocutory order shall expressly state that a divorce is not granted by it. An appeal may be taken from the order in the same manner and within the same time as an appeal from a final decree of the court in any other proceeding.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>After the expiration of the period of six months provided by subsection (a) of this section, or, if an appeal is taken and the case is pending at the time of the expiration of the period, after the final disposition of the case if determined in favor of the plaintiff, the court, upon application filed within 30 days after the expiration of the period or the final disposition, by the person in whose favor the interlocutory order was entered, shall enter a final decree granting a divorce. If an application is not made, the court may, on its own motion, within three months after the expiration of the 30-day period, enter a final decree of divorce. An appeal may not be taken from the final decree.</content> </subsection> </section> <section> <num value="199">§ 199. </num> <heading>Effect of divorce generally</heading> <content>The effect of a judgment decreeing a divorce is to restore the parties to the state of unmarried persons.</content> </section> <section> <num value="200">§ 200. </num> <heading>Legitimacy of children</heading> <content>A divorce does not affect the legitimacy of the children of the marriage.</content> </section> <section> <num value="201">§ 201. </num> <heading>Resumption of former name</heading> <content>The court, upon granting to a woman a divorce from the bonds of matrimony, may allow her to resume her maiden name or the name of a former husband.</content> </section> <section> <num value="202">§ 202. </num> <heading>Decrees and orders prior to September 21, 1922</heading> <content>All proceedings in the district court of the Canal Zone, wherein and whereby a decree of divorce was granted prior to September 21, 1922, upon personal service, or service by publication, and wherein other orders were made affecting the status of the parties or their children, are valid.</content> </section> </subchapter> <subchapter> <num class="bold" value="IV">Subchapter IV—</num><heading class="bold">Alimony, Support, Custody, and Property</heading> <section> <num value="231">§ 231. </num> <heading>Custody and care of children pending action</heading> <content>On the application of either party, the court may make such order concerning the custody and care of the minor children of the parties during the pendency of the action as it deems expedient and for the benefit of the children.</content> </section> <section> <num value="232">§ 232. </num> <heading>Alimony pending action</heading> <content>In cases of divorce the court may require the husband or wife to pay to the other spouse or pay into court for the latter’s use during the pendency of the action such sums of money as may enable the latter to maintain or defend the action. Either spouse, when it is just and equitable, is entitled to alimony during the pendency of the action. On appeal by either spouse, the district court may grant and enforce the payment of such money for defense and such equitable alimony during the pendency of the appeal as it deems reasonable and proper.</content> </section> <page identifier="/us/stat/76a/684">684</page> <section> <num value="233">§ 233. </num> <heading>Maintenance where divorce is denied</heading> <content>Though judgment of divorce is denied, the court may, in an action for divorce, provide for the maintenance by the husband, of the wife and children of the marriage, or any of them.</content> </section> <section> <num value="234">§ 234. </num> <heading>Separate maintenance action</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>Without applying for a divorce, a husband or wife may maintain in the district court a separate maintenance action against the other spouse for permanent support and maintenance of the plaintiff or of the plaintiff and children, when:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the defendant willfully deserts, or fails to provide for the plaintiff; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the plaintiff has a cause of action for divorce as provided by section 111, of this title.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>During the pendency of the action, the court may require the husband or wife to pay as alimony any money necessary for the prosecution of the action and for support and maintenance, and have execution issue therefor.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>In an action under this section, the court, in granting permanent support and maintenance of a spouse or of a spouse and children, shall make the same disposition of the community property as would have been made if the marriage had been dissolved by judicial decree.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The court may enforce its final judgment in an action under this section by such orders as from time to time it deems necessary, and may amend or revoke the orders at its discretion.</content> </subsection> </section> <section> <num value="235">§ 235. </num> <heading>Alimony and maintenance; care, custody and support of children</heading> <content>The court, in rendering a decree of divorce may make such order touching the alimony and maintenance of the husband or wife, the care, custody, and support of the children, or any of them, as from the circumstances of the parties and the nature of the case, is reasonable and just. The court may order the giving of reasonable security for the alimony and maintenance, or may enforce the payment of the alimony and maintenance in any other manner consistent with the rules and practice of the court. On application, the court may, from time to time, make such alterations in the allowance of alimony and maintenance and the care, custody, and support of the children as appear reasonable and proper. In decreeing a divorce, the court may order the payment of alimony in a gross sum or in installments as may seem best. It may make the orders and enforce them by attachment and secure the payment of the alimony, but judgment for alimony may not be taken when the defendant is not personally served with summons or does not voluntarily appear.</content> </section> <section> <num value="236">§ 236. </num> <heading>Order of resort to property</heading> <chapeau>In executing sections 232–235 of this title, the court shall resort:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>to the community property; then</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>to the separate property of the party required to make the payments.</content> </paragraph> </section> <section> <num value="237">§ 237. </num> <heading>Withholding allowance to prevailing party</heading> <content>When the prevailing party has a separate estate, or is earning his or her own livelihood, or there is community property sufficient to give him or her alimony or a proper support, or the custody of the children has been awarded to the other party who is supporting them, the court may withhold any allowance to the prevailing party out of the separate property of the other party. Where there are no children, and either party has a separate estate sufficient for his or her proper support, an allowance may not be made from the separate estate or the other party.</content> </section> <page identifier="/us/stat/76a/685">685</page> <section> <num value="238">§ 238. </num> <heading>Subjection of property to support and education of children</heading> <content>The court may subject the community property and the separate property to the support and education of the children in such proportions as it deems just.</content> </section> <section> <num value="239">§ 239. </num> <heading>Disposition of community property on divorce</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>In case of the dissolution of the marriage by the decree of the district court, the community property shall be assigned to the respective parties in such proportions as the court, from all the facts of the case, and the condition of the parties, deems just.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The court, in rendering a decree of divorce, shall make such order for the disposition of the community property, as is provided in this chapter, and, whenever necessary for that purpose, may order a partition or sale of the property and a division or other disposition of the proceeds.</content> </subsection> </section> <section> <num value="240">§ 240. </num> <heading>Compelling conveyance of property belonging to other spouse</heading> <content>If it appears to the court that either party holds the title to property equitably belonging to the other, the court, in rendering a decree of divorce may compel conveyance thereof to the party entitled to it, upon such terms as it deems equitable.</content> </section> </subchapter> </chapter> <chapter> <num value="7">CHAPTER 7—</num><heading>HUSBAND AND WIFE</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>271.</designator> <label>Mutual obligations.</label></referenceItem> <referenceItem role="section"><designator>272.</designator> <label>Husband as head of family.</label></referenceItem> <referenceItem role="section"><designator>273.</designator> <label>Separate interests; dwelling.</label></referenceItem> <referenceItem role="section"><designator>274.</designator> <label>Contracts.</label></referenceItem> <referenceItem role="section"><designator>275.</designator> <label>Legal relations; separation agreement.</label></referenceItem> <referenceItem role="section"><designator>276.</designator> <label>Separation agreement; consideration.</label></referenceItem> <referenceItem role="section"><designator>277.</designator> <label>Methods of holding property.</label></referenceItem> <referenceItem role="section"><designator>278.</designator> <label>Separate property generally.</label></referenceItem> <referenceItem role="section"><designator>279.</designator> <label>Damages for personal injuries as separate property.</label></referenceItem> <referenceItem role="section"><designator>280.</designator> <label>Community property; presumptions.</label></referenceItem> <referenceItem role="section"><designator>281.</designator> <label>Inventory of separate property.</label></referenceItem> <referenceItem role="section"><designator>282.</designator> <label>Filing inventory; effect.</label></referenceItem> <referenceItem role="section"><designator>283.</designator> <label>Contracts by wife; liability of community property.</label></referenceItem> <referenceItem role="section"><designator>284.</designator> <label>Wife’s earnings; liability for husband’s debts.</label></referenceItem> <referenceItem role="section"><designator>285.</designator> <label>Wife’s earnings when living separate.</label></referenceItem> <referenceItem role="section"><designator>286.</designator> <label>Earnings of each party after separate maintenance judgment.</label></referenceItem> <referenceItem role="section"><designator>287.</designator> <label>Husband’s earnings after interlocutory divorce judgment.</label></referenceItem> <referenceItem role="section"><designator>288.</designator> <label>Wife’s pre-marital debts; liability of husband.</label></referenceItem> <referenceItem role="section"><designator>289.</designator> <label>Wife’s separate property; general liability.</label></referenceItem> <referenceItem role="section"><designator>290.</designator> <label>Wife’s separate property; liability for certain secured debts.</label></referenceItem> <referenceItem role="section"><designator>291.</designator> <label>Married woman’s torts.</label></referenceItem> <referenceItem role="section"><designator>292.</designator> <label>Management of wife’s earnings.</label></referenceItem> <referenceItem role="section"><designator>293.</designator> <label>Management of community personal property.</label></referenceItem> <referenceItem role="section"><designator>294.</designator> <label>Property rights of spouses; effect of marriage settlement.</label></referenceItem> <referenceItem role="section"><designator>295.</designator> <label>Execution of marriage settlement</label></referenceItem> <referenceItem role="section"><designator>296.</designator> <label>Marriage settlements by minors.</label></referenceItem> </toc> <section> <num value="271">§ 271. </num> <heading>Mutual obligations</heading> <content>Husband and wife contract towards each other obligations of mutual respect, fidelity, and support.</content> </section> <section> <num value="272">§ 272. </num> <heading>Husband as head of family</heading> <content>The husband is the head of the family. He may choose any reasonable place or mode of living, and the wife shall conform thereto.</content> </section> <section> <num value="273">§ 273. </num> <heading>Separate interests; dwelling</heading> <content>A husband or wife has no interest in the property of the other, but neither may be excluded from the other’s dwelling, except that in actions or proceedings for divorce, annulment of marriage, or permanent support of wife or children, the court may make orders for<page identifier="/us/stat/76a/686">686</page> temporary exclusion of either party from the family dwelling or from the dwelling of the other, until the final determination of the action.</content> </section> <section> <num value="274">§ 274. </num> <heading>Contracts</heading> <content>Either spouse may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as defined by chapters 161 and 163 of Title 7 on trusts.</content> </section> <section> <num value="275">§ 275. </num> <heading>Legal relations; separation agreement</heading> <content>A husband and wife may not, by a contract with each other, alter their legal relations, except as to property, and except that they may agree, in writing, to an immediate separation, and may make provision for the support of either of them and of their children during the separation.</content> </section> <section> <num value="276">§ 276. </num> <heading>Separation agreement; consideration</heading> <content>The mutual consent of the parties is a sufficient consideration for a separation agreement pursuant to section 275 of this title.</content> </section> <section> <num value="277">§ 277. </num> <heading>Methods of holding property</heading> <content>A husband and wife may hold property by joint interests, by interests in common, or as community property.</content> </section> <section> <num value="278">§ 278. </num> <heading>Separate property generally</heading> <chapeau>The following property, with the rents, issues and profits thereof, is the separate property of a spouse:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>property owned by the spouse before marriage; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>property acquired by the spouse after marriage by gift, bequest, devise, or descent.</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">The wife may convey her separate property without the consent of her husband.</continuation> </section> <section> <num value="279">§ 279. </num> <heading>Damages for personal in juries as separate property</heading> <content>All damages, special and general, awarded a married person in a civil action for personal injuries, are the separate property of that person.</content> </section> <section> <num value="280">§ 280. </num> <heading>Community property; presumptions</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Except as provided by sections 278 and 279 of this title, personal property, wherever situated, acquired after marriage by either husband or wife, or both, while residing in the Canal Zone, is community property; but whenever personal property, or an interest therein or encumbrance thereon, is acquired by a married woman by an instrument in writing, the presumption is that it is her separate property, and if acquired by her and another person, the presumption is that she takes the part acquired by her, as an interest in common, unless a different intention is expressed in the instrument; except that when personal property is acquired by husband and wife by an instrument in which they are described as husband and wife, unless a different intention is expressed in the instrument, the presumption is that the property is the community property of the husband and wife.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The presumptions provided for by subsection (a) of this section are conclusive in favor of a person dealing in good faith and for a valuable consideration with the married woman or her legal representatives or successors in interest, and regardless of a change in her marital status after acquisition of the property.</content> </subsection> </section> <page identifier="/us/stat/76a/687">687</page> <section> <num value="281">§ 281. </num> <heading>Inventory of separate property</heading> <content>A full and complete inventory of the separate personal property of either spouse may be made out and signed by the spouse, acknowledged or proved in the manner required by chapter 27 of Title 4, and recorded in the office of the registrar of property.</content> </section> <section> <num value="282">§ 282. </num> <heading>Filing inventory; effect</heading> <content>The filing of the inventory in the office of the registrar of property is notice and prima facie evidence of the title of the party filing the inventory.</content> </section> <section> <num value="283">§ 283. </num> <heading>Contracts by wife; liability of community property</heading> <content>The property of the community is not liable for the contracts of the wife, made after marriage, unless secured by mortgages thereof executed by the husband.</content> </section> <section> <num value="284">§ 284. </num> <heading>Wife’s earnings; liability for husband’s debts</heading> <content>The earnings of the wife are not liable for the debts of the husband.</content> </section> <section> <num value="285">§ 285. </num> <heading>Wife’s earnings when living separate</heading> <content>The earnings and accumulations of the wife, while she is living separate from her husband, are her separate property.</content> </section> <section> <num value="286">§ 286. </num> <heading>Earnings of each party after separate maintenance judgment</heading> <content>After the rendition of a judgment or decree for separate maintenance the earnings or accumulations of each party are the separate property of the party acquiring them.</content> </section> <section> <num value="287">§ 287. </num> <heading>Husband’s earnings after interlocutory divorce judgment</heading> <content>After the rendition of an interlocutory judgment of divorce and while the parties are living separate and apart, the earnings and accumulations of the husband are the separate property of the husband.</content> </section> <section> <num value="288">§ 288. </num> <heading>Wife’s pre-marital debts; liability of husband</heading> <content>Neither the separate property of the husband nor his earnings after marriage are liable for the debts of the wife contracted before the marriage.</content> </section> <section> <num value="289">§ 289. </num> <heading>Wife’s separate property; general liability</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The separate property of the wife is liable for her own debts contracted before or after marriage, but it is not liable for her husband’s debts, except as provided by subsection (b) of this section.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The separate property of the wife is liable for the payment of debts contracted by the husband or wife for the necessities of life furnished to them or either of them while they are living together. This subsection does not apply to the separate property of the wife held by her at the time of marriage or acquired by her after marriage by devise, succession, or gift, other than by gift from the husband.</content> </subsection> </section> <section> <num value="290">§ 290. </num> <heading>Wife’s separate property; liability for certain secured debts</heading> <content>The separate property of the wife is not liable for a debt or obligation secured by mortgage, deed of trust, or other hypothecation of the community property, unless the wife expressly assents in writing to the liability of her separate property for the debt or obligation.</content> </section> <section> <num value="291">§ 291. </num> <heading>Married woman’s torts</heading> <content>For civil injuries committed by a married woman, damages may be recovered from her alone, and her husband is not liable therefor, except in cases where he would be jointly liable with her if the marriage did not exist.</content> </section> <page identifier="/us/stat/76a/688">688</page> <section> <num value="292">§ 292. </num> <heading>Management of wife’s earnings</heading> <content> <p class="indent0 firstIndent1 fontsize10">Notwithstanding section 293 of this title, and subject to sections 280 and 285 of this title, the wife has the management, control, and disposition, other than testamentary except as otherwise permitted by law, of community property money earned by her until it is commingled with other community property.</p> <p class="indent0 firstIndent1 fontsize10">During the time the wife has the management, control, and disposition of such money, she may not make a gift thereof, or dispose of it without a valuable consideration, without the written consent of the husband.</p> <p class="indent0 firstIndent1 fontsize10">This section does not make such money the separate property of the wife, nor does it change the respective interests of the husband and wife in the money.</p> </content> </section> <section> <num value="293">§ 293. </num> <heading>Management of community personal property</heading> <chapeau>The husband has the management and control of the community personal property, with the same power of disposition, other than testamentary, as he has of his separate estate; except that he may not, without the written consent of the wife:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>make a gift of the community personal property;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>dispose of the community personal property without a valuable consideration; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>sell, convey, or encumber the furniture, furnishings, or fittings of the home, or the clothing or wearing apparel of the wife or minor children that is community.</content> </paragraph> </section> <section> <num value="294">§ 294. </num> <heading>Property rights of spouses; effect of marriage settlement</heading> <content>The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement containing stipulations contrary thereto.</content> </section> <section> <num value="295">§ 295. </num> <heading>Execution of marriage settlement</heading> <chapeau>Contracts for marriage settlements shall be:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>in writing;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>subscribed by the party to be charged or by his agent authorized in writing; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>acknowledged or proved as prescribed by chapter 27 of Title 4.</content> </paragraph> </section> <section> <num value="296">§ 296. </num> <heading>Marriage settlements by minors</heading> <content>A minor capable of contracting marriage may make a valid marriage settlement.</content> </section> </chapter> <chapter> <num value="9">CHAPTER 9—</num><heading>CHILDREN BY BIRTH</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>331.</designator> <label>Legitimacy of issue of wife cohabiting with husband.</label></referenceItem> <referenceItem role="section"><designator>332.</designator> <label>Children born in wedlock.</label></referenceItem> <referenceItem role="section"><designator>333.</designator> <label>Children born after dissolution of marriage.</label></referenceItem> <referenceItem role="section"><designator>334.</designator> <label>Who may dispute legitimacy.</label></referenceItem> <referenceItem role="section"><designator>335.</designator> <label>Subsequent marriage of parents.</label></referenceItem> <referenceItem role="section"><designator>336.</designator> <label>Custody of minors.</label></referenceItem> <referenceItem role="section"><designator>337.</designator> <label>Rights of parents when separated.</label></referenceItem> <referenceItem role="section"><designator>338.</designator> <label>Action and decree for exclusive control of children.</label></referenceItem> <referenceItem role="section"><designator>339.</designator> <label>Custody of illegitimate child.</label></referenceItem> <referenceItem role="section"><designator>340.</designator> <label>Allowance to parent.</label></referenceItem> <referenceItem role="section"><designator>341.</designator> <label>Control of property of child.</label></referenceItem> <referenceItem role="section"><designator>342.</designator> <label>Parental abuse.</label></referenceItem> <referenceItem role="section"><designator>343.</designator> <label>Termination of parental authority.</label></referenceItem> <referenceItem role="section"><designator>344.</designator> <label>Relinquishment of services and custody.</label></referenceItem> <referenceItem role="section"><designator>345.</designator> <label>Wages of minors.</label></referenceItem> <referenceItem role="section"><designator>346.</designator> <label>Residence of child.</label></referenceItem> </toc> <page identifier="/us/stat/76a/689">689</page> <section> <num value="331">§ 331. </num> <heading>Legitimacy of issue of wife cohabiting with husband</heading> <content>The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate.</content> </section> <section> <num value="332">§ 332. </num> <heading>Children born in wedlock</heading> <content>All children born in wedlock are presumed to be legitimate.</content> </section> <section> <num value="333">§ 333. </num> <heading>Children born after dissolution of marriage</heading> <content>All children of a woman who has been married, born within 10 months after the dissolution of the marriage, are presumed to be legitimate children of that marriage.</content> </section> <section> <num value="334">§ 334. </num> <heading>Who may dispute legitimacy</heading> <content>The presumption of legitimacy may be disputed only by the Government of the Canal Zone in a criminal action brought pursuant to section 431 of this title, or by the husband or wife, or the descendant of one or both of them. Illegitimacy, in such a case, may be proved in the same manner as any other fact.</content> </section> <section> <num value="335">§ 335. </num> <heading>Subsequent marriage of parents</heading> <content>A child born before wedlock becomes legitimate by the subsequent marriage of its parents.</content> </section> <section> <num value="336">§ 336. </num> <heading>Custody of minors</heading> <chapeau>The father and mother of a legitimate unmarried minor child are equally entitled to his custody and services; but either one of them is entitled to the custody and services if the other:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>is dead or unable to take the custody;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>refuses to take the custody; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>has abandoned the family.</content> </paragraph> </section> <section> <num value="337">§ 337. </num> <heading>Rights of parents when separated</heading> <content>The husband and father has no rights superior to those of the wife and mother, in regard to the care, custody, education and control of the children of the marriage, while the husband and wife live separate and apart from each other.</content> </section> <section> <num value="338">§ 338. </num> <heading>Action and decree for exclusive control of children</heading> <content> <p class="indent0 firstIndent1 fontsize10">Without applying for a divorce, either spouse may bring an action for the exclusive control of the children of the marriage.</p> <p class="indent0 firstIndent1 fontsize10">During the pendency of the action, at the final hearing, or afterwards, the district court may make any order or decree, in regard to the support, care, custody, education and control of the children of the marriage, as may be just and in accordance with the natural rights of the parents and the best interests of the children. At any time after an order or decree is made, the court may amend, vary, or modify it, as the natural rights and the interests of the parties, including the children, may require.</p> </content> </section> <section> <num value="339">§ 339. </num> <heading>Custody of illegitimate child</heading> <content>The mother of an illegitimate unmarried minor is entitled to its custody and services.</content> </section> <section> <num value="340">§ 340. </num> <heading>Allowance to parent</heading> <content>The district court may direct an allowance to be made to the parent of a child, out of its property, for its past or future support and education, on such conditions as may be proper, whenever such a direction is for its benefit.</content> </section> <section> <num value="341">§ 341. </num> <heading>Control of property of child</heading> <content>The parent, as such, has no control over the property of the child.</content> </section> <page identifier="/us/stat/76a/690">690</page> <section> <num value="342">§ 342. </num> <heading>Parental abuse</heading> <content>The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child, by its relative within the third degree, or by the United States attorney. If the abuse is established, the child may be freed from the dominion of the parent, and the duty of support and education enforced.</content> </section> <section> <num value="343">§ 343. </num> <heading>Termination of parental authority</heading> <chapeau>The authority of a parent ceases upon:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the appointment by a court of a guardian of the person of a child;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the marriage of the child; or 3</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>its attaining majority.</content> </paragraph> </section> <section> <num value="344">§ 344. </num> <heading>Relinquishment of services and custody</heading> <content>The parent, whether solvent or insolvent, may relinquish to the child the right of controlling him. Abandonment by the parent is presumptive evidence of such a relinquishment.</content> </section> <section> <num value="345">§ 345. </num> <heading>Wages of minors</heading> <content>The wages of a minor employed in service may be paid to him.</content> </section> <section> <num value="346">§ 346. </num> <heading>Residence of child</heading> <content>Subject to the power of the proper court to restrain a removal prejudicial to the rights or welfare of the child, a parent entitled to the custody of a child has a right to change his residence.</content> </section> </chapter> <chapter> <num value="11">CHAPTER 11—</num><heading>CHILDREN BY ADOPTION</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>381.</designator> <label>Adoption generally.</label></referenceItem> <referenceItem role="section"><designator>382.</designator> <label>Adoption by stepfather or stepmother.</label></referenceItem> <referenceItem role="section"><designator>383.</designator> <label>Notice to absent or nonconsenting parent.</label></referenceItem> <referenceItem role="section"><designator>384.</designator> <label>Investigation.</label></referenceItem> <referenceItem role="section"><designator>385.</designator> <label>Adoption order; effect.</label></referenceItem> <referenceItem role="section"><designator>386.</designator> <label>Consent to adoption of illegitimate child.</label></referenceItem> <referenceItem role="section"><designator>387.</designator> <label>Adoption of illegitimate child by father.</label></referenceItem> </toc> <section> <num value="381">§ 381. </num> <heading>Adoption generally</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>An unmarried resident of the Canal Zone, or a husband and wife jointly, may petition the district court for leave to adopt a minor child.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>Written consent to the adoption must be given by the child, if of the age of 14 years, and:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by each living parent who is not incompetent, intemperate, or otherwise unfit, or has not abandoned the child; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>if there are no such parents, or the parents are unknown, or have abandoned the child, or they are incompetent, intemperate, or otherwise unfit, then by the legal guardian; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>if there is no legal guardian, then by a discreet and suitable person appointed by the court to act in the proceeding as next friend of the child.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>When the child is an inmate of a charitable institution within the Canal Zone, and has been previously abandoned by its parents or guardians thereto, written consent to the adoption by the head of the institution is required.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>This section does not authorize a guardian to adopt his ward before the termination of the guardianship and the final settlement and approval, by the court, of his accounts as guardian.</content> </subsection> </section> <section> <num value="382">§ 382. </num> <heading>Adoption by stepfather or stepmother</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>A resident of the Canal Zone, the husband or wife of a parent who has a minor child by a deceased or divorced former spouse, may petition the district court for leave to adopt the minor child and change his name.</content> </subsection> <page identifier="/us/stat/76a/691">691</page> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Written consent to the adoption is required, as provided by section 381 of this title, except that if the custody of the child has been awarded to the petitioner’s spouse, the consent of the other parent is not required.</content> </subsection> </section> <section> <num value="383">§ 383. </num> <heading>Notice to absent or nonconsenting parent</heading> <content>In cases of adoption where the consent of a parent is required, and it is alleged in the petition that the parent refuses to sign the consent, or is a resident of the Republic of Panama or elsewhere, an order to the parent to show cause why the petition should not be granted may be entered by the court. The order shall be published in accordance with section 163 of Title 5.</content> </section> <section> <num value="384">§ 384. </num> <heading>Investigation</heading> <content>Upon the filing of a petition for adoption, the court may order an investigation to be made by a representative designated by the court and may further order that a report of the investigation shall be filed with the court within the time fixed in the order. The investigation may include the conditions and antecedents of the child for the purpose of determining whether he is a proper subject for adoption; appropriate inquiry to determine whether the proposed home is a suitable one for the child; and any other circumstances and conditions which may have a bearing on the adoption and of which the court should have knowledge. The report of the investigation shall become a part of the files in the case, and the court may require that the report contain a definite recommendation for or against the adoption and state reasons therefor.</content> </section> <section> <num value="385">§ 385. </num> <heading>Adoption order; effect</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>When this chapter is complied with, if the court is satisfied with the ability of the petitioner to bring up and educate the child properly, having reference to the degree and condition of the child’s parents and the fitness and propriety of the adoption, it shall make an order setting forth the facts and declaring that from that date the child, to all legal intents and purposes, is the child of the petitioner and that its name is thereby changed. The order shall be recorded in the records of the court.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The natural parents, except the spouse of the petitioner when a child is adopted pursuant to section 382 of this title, shall, by the order referred to in subsection (a) of this section, be divested of all legal rights and obligations in respect to the child, and the child shall be free from all legal obligations of obedience and maintenance with respect to them. The child shall be to all intents and purposes the child and legal heir of the person adopting him or her, entitled to all the rights and privileges, and subject to all the obligations of a child of such person begotten in lawful wedlock.</content> </subsection> </section> <section> <num value="386">§ 386. </num> <heading>Consent to adoption of illegitimate child</heading> <content>If the child to be adopted is illegitimate, the consent of the father to adoption is not required.</content> </section> <section> <num value="387">§ 387. </num> <heading>Adoption of illegitimate child by father</heading> <content>The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as his own, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as a legitimate child; and the child is thereupon deemed for all purposes legitimate from the time of its birth. Sections 381–386 of this title do not apply to such an adoption.</content> </section> </chapter> <page identifier="/us/stat/76a/692">692</page> <chapter> <num value="13">CHAPTER 13—</num><heading>SUPPORT OF RELATIONS</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>421.</designator> <label>Support of wife.</label></referenceItem> <referenceItem role="section"><designator>422.</designator> <label>Support of wife on abandonment or separation; husband’s earnings.</label></referenceItem> <referenceItem role="section"><designator>423.</designator> <label>Support of husband.</label></referenceItem> <referenceItem role="section"><designator>424.</designator> <label>Duties of parents; support and education.</label></referenceItem> <referenceItem role="section"><designator>425.</designator> <label>Death of parent without providing for support.</label></referenceItem> <referenceItem role="section"><designator>426.</designator> <label>Reciprocal duties of parents and children.</label></referenceItem> <referenceItem role="section"><designator>427.</designator> <label>Action for relief from obligation to support parent.</label></referenceItem> <referenceItem role="section"><designator>428.</designator> <label>Parent’s liability for necessaries or support.</label></referenceItem> <referenceItem role="section"><designator>429.</designator> <label>Wife’s children by former marriage.</label></referenceItem> <referenceItem role="section"><designator>430.</designator> <label>Compensation and support of adult child.</label></referenceItem> <referenceItem role="section"><designator>431.</designator> <label>Penalty for abandonment or failure to support wife or child.</label></referenceItem> </toc> <section> <num value="421">§ 421. </num> <heading>Support of wife</heading> <content>If a husband neglects to make adequate provisions for the support of his wife, except in the cases provided for by section 422 of this title, any other person may, in good faith, supply her with articles necessary for her support, and recover their reasonable value from the husband.</content> </section> <section> <num value="422">§ 422. </num> <heading>Support of wife on abandonment or separation; husband’s earnings</heading> <content> <p class="indent0 firstIndent1 fontsize10">A husband abandoned by his wife is not liable for her support until she offers to return, unless she was justified in abandoning him by his misconduct. During the period of unjustified abandonment, prior to the wife’s offer to return, the earnings of the husband are his separate property.</p> <p class="indent0 firstIndent1 fontsize10">A husband is not liable for his wife’s support when she is living separate from him by written agreement, unless the support is stipulated in the agreement.</p> </content> </section> <section> <num value="423">§ 423. </num> <heading>Support of husband</heading> <chapeau>A wife shall support the husband out of her separate property when:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>he has not deserted her;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>he does not have separate property;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>there is no community property; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>he is unable, from infirmity, to support himself.</content> </paragraph> </section> <section> <num value="424">§ 424. </num> <heading>Duties of parents; support and education</heading> <content>A parent entitled to the custody of a child shall give him support and education suitable to his circumstances; but if a child has sufficient earnings of his own, the cost of his support and education may be taken therefrom. If the support and education which the father of a legitimate child is able to give are inadequate, the mother shall assist him to the extent of her ability.</content> </section> <section> <num value="425">§ 425. </num> <heading>Death of parent without providing for support</heading> <content>If a parent chargeable with the support of a child dies, leaving it a public charge, and leaving an estate sufficient for its support, the United States attorney may claim provision for its support from the parent’s estate by civil action. For this purpose, the United States attorney may have the same remedies as any creditor against the estate, and against the heirs and next of kin of the parent.</content> </section> <section> <num value="426">§ 426. </num> <heading>Reciprocal duties of parents and children</heading> <content>A father, mother, and children of a poor person unable to maintain himself by work, shall maintain him to the extent of their ability. The promise of an adult child to pay for necessaries previously furnished to his parent is binding.</content> </section> <page identifier="/us/stat/76a/693">693</page> <section> <num value="427">§ 427. </num> <heading>Action for relief from obligation to support parent</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>An adult person may file in the division of the district court where his parent resides a verified complaint alleging that:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>while the plaintiff was a minor, he was abandoned by the parent, and the abandonment continued for a period of two or more years prior to the time the plaintiff reached the age of 18 years; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the parent, during the period provided for by paragraph (1) of this subsection, was physically and mentally able to support the plaintiff—</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">and praying the court to free the plaintiff from the obligation otherwise imposed by law to support the parent.</continuation> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Upon the filing of a complaint under subsection (a) of this section, the clerk shall set it for nearing by the court, and issue a summons directed to the parent setting forth the time and place of the hearing. The summons and a copy of the complaint shall be personally served on the parent, in the same manner as that provided by law for the service of a summons in civil actions, at least five days before the time of hearing. If, upon the hearing, the court determines that the allegations in the complaint are true, it shall render a judgment granting the relief prayed for.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>A person released from the obligation to support a parent, as provided in this section, shall be deemed to be so released with respect to any law of the Canal Zone under which a child is required to pay for the support, care, maintenance, and the like, of a parent.</content> </subsection> </section> <section> <num value="428">§ 428. </num> <heading>Parent’s liability for necessaries or support</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If a parent neglects to provide articles necessary for his child under his charge, according to his circumstances, a third person may in good faith supply them, and recover the reasonable value thereof from the parent.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>A parent is not bound to compensate the other parent or a relative for the voluntary support of his child, without an agreement for compensation.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>A parent is not bound to compensate a stranger for the support of a child who has abandoned the parent without just cause.</content> </subsection> </section> <section> <num value="429">§ 429. </num> <heading>Wife’s children by former marriage</heading> <content>A husband is not bound to maintain his wife’s children by a former husband; but if he receives them into his family and supports them, it is presumed that he does so as a parent, and they are not liable to him for their support, nor he to them for their services.</content> </section> <section> <num value="430">§ 430. </num> <heading>Compensation and support of adult child</heading> <content>Where a child, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation, in the absence of an agreement therefor.</content> </section> <section> <num value="431">§ 431. </num> <heading>Penalty for abandonment or failure to support wife or child</heading> <content>A husband, or a parent, lawfully chargeable with the support or maintenance of the wife or child, who abandons, or willfully fails, without lawful excuse, to furnish support or maintenance to the wife or child, shall be fined not more than $100 or imprisoned in jail not more than 30 days or both.</content> </section> </chapter> <page identifier="/us/stat/76a/694">694</page> <chapter> <num value="15">CHAPTER 15—</num><heading>ESTABLISHING PATERNITY</heading> <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter i</inline>—</designator><label><inline class="smallCaps">paternity proceedings</inline></label></referenceItem> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>461.</designator> <label>Persons who may bring action; certificate where child unborn; nature of action.</label></referenceItem> <referenceItem role="section"><designator>462.</designator> <label>Jurisdiction; complaint; procedure.</label></referenceItem> <referenceItem role="section"><designator>463.</designator> <label>Jury trial.</label></referenceItem> <referenceItem role="section"><designator>464.</designator> <label>Agreement or compromise.</label></referenceItem> <referenceItem role="section"><designator>465.</designator> <label>Competency of mother to testify; dying declarations.</label></referenceItem> <referenceItem role="section"><designator>466.</designator> <label>Judgment; payments.</label></referenceItem> <referenceItem role="section"><designator>467.</designator> <label>Writ of execution on failure to make support payments.</label></referenceItem> <referenceItem role="section"><designator>468.</designator> <label>Action when putative father has died; claim against estate when father dies.</label></referenceItem> <referenceItem role="subchapter"><designator><inline class="smallCaps">subchapter ii</inline>—</designator><label><inline class="smallCaps">blood tests to determine paternity</inline></label></referenceItem> <referenceItem role="section"><designator>491.</designator> <label>Authority for test.</label></referenceItem> <referenceItem role="section"><designator>492.</designator> <label>Selection of experts.</label></referenceItem> <referenceItem role="section"><designator>493.</designator> <label>Compensation of expert witnesses.</label></referenceItem> <referenceItem role="section"><designator>494.</designator> <label>Effect of test results.</label></referenceItem> <referenceItem role="section"><designator>495.</designator> <label>Applicability to criminal actions.</label></referenceItem> <referenceItem role="section"><designator>496.</designator> <label>Uniformity of interpretation.</label></referenceItem> <referenceItem role="section"><designator>497.</designator> <label>Short title.</label></referenceItem> </toc> <subchapter> <num class="bold" value="I">Subchapter I—</num><heading class="bold">Paternity Proceedings</heading> <section> <num value="461">§ 461. </num> <heading>Persons who may bring action; certificate where child unborn; nature of action</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau>An action pursuant to this subchapter may be brought by:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>a female resident of the Canal Zone who has delivered an illegitimate child or who is pregnant with a child which, if born alive, would be illegitimate; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>an illegitimate child or, if the illegitimate child is a minor or otherwise incompetent, his next friend.</content> </paragraph> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>An action for the support of a child still unborn may not be brought unless the mother files a certificate from an authorized physician specifying that she is pregnant.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>If the mother was married when the illegitimate child was conceived, but living separate and apart from her husband, an action for support of the illegitimate child may be brought in the manner provided by this subchapter.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>An action pursuant to this subchapter is in the nature of a civil action.</content> </subsection> </section> <section> <num value="462">§ 462. </num> <heading>Jurisdiction; complaint; procedure</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The district court has exclusive jurisdiction of actions under this subchapter.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The action is brought by the filing of a verified complaint in the division of the court in which the plaintiff resides. The court shall proceed without unnecessary delay to a trial upon the complaint, and, except as otherwise provided by this subchapter, proceedings upon the complaint, including the issuance and service of summons, service of a copy of the complaint, and the giving of security for costs when required by the court, shall conform, as nearly as may be practicable, to proceedings in civil actions.</content> </subsection> </section> <section> <num value="463">§ 463. </num> <heading>Jury trial</heading> <content>An action pursuant to this subchapter shall be tried by jury, if either the plaintiff or defendant demands that it be so tried.</content> </section> <section> <num value="464">§ 464. </num> <heading>Agreement or compromise</heading> <content>If, at any time before judgment in an action pursuant to this subchapter, the defendant pays or secures to be paid to the plaintiff such sums of money or property as the plaintiff may, with the approval of<page identifier="/us/stat/76a/695">695</page> the court, agree to receive, the court shall, if the agreement is made or acknowledged in its presence, dismiss the action upon the payment, by the defendant, of the costs of the proceeding. The court shall cause a memorandum of the agreement to be entered upon the docket.</content> </section> <section> <num value="465">§ 465. </num> <heading>Competency of mother to testify; dying declarations</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>In an action pursuant to this subchapter, the mother is a competent witness, unless she is otherwise legally incompetent.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If the mother is dead at the time of trial, her declaration made at the time of travail and persevered in as her dying declaration shall be evidence.</content> </subsection> </section> <section> <num value="466">§ 466. </num> <heading>Judgment; payments</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If, in an action pursuant to this subchapter, it is determined that the defendant is the rather of the child, the court shall adjudge him the father of the child and he shall be responsible for the maintenance of the child up to the age of 21 years, in such reasonable sums as the court may order, as well as for the costs of the action.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>In addition, the court may order the father to pay special sums for the expense caused the mother by the birth, for the child’s education, and for expenses caused by the child’s sickness or death, and to pay such attorney fees of the plaintiff as the court, in its discretion, allows.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Amounts paid for support of the illegitimate child shall ordinarily be paid in advance in bi-weekly installments.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Compromises between the parents of an illegitimate child are valid only if approved by the court.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="e">(e) </num> <content>Money paid by the father for the support of an illegitimate child shall be spent solely for the benefit of the child.</content> </subsection> </section> <section> <num value="467">§ 467. </num> <heading>Writ of execution on failure to make support payments</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If default is made in the payment of money toward the support of an illegitimate child, the court, upon application of the plaintiff, may issue a writ of execution. The execution shall be served and satisfied as executions upon a civil judgment, except that an exemption may not be allowed against a writ issued for nonpayment of money for support of an illegitimate child.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>An execution may not issue, however, except for payments due within the six months next preceding the issuance of the execution.</content> </subsection> </section> <section> <num value="468">§ 468. </num> <heading>Action when putative father has died; claim against estate when father dies</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>If the father of an illegitimate child dies before its birth or within a year after it was born, and before an action against him for the support of the child has been brought to conclusion, an action may be brought for the support of the child against his estate, and if it is adjudged that the deceased was the father of the child, the amounts necessary for the support of the child may be collected from his estate in the same manner as any other debt.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau>If a man who has been ordered to pay for the support of a child dies before the child is 21 years old, the amounts he was ordered to pay may be collected from his estate, except that—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>if he leaves a widow or legitimate children, the amounts to be collected from his estate for his illegitimate children shall not exceed the inheritance of a legitimate child; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>nothing may be paid from his estate for the support of an illegitimate child until the creditors of the estate have been fully satisfied.</content> </paragraph> </subsection> </section> </subchapter> <page identifier="/us/stat/76a/696">696</page> <subchapter> <num class="bold" value="II">Subchapter II—</num><heading class="bold">Blood Tests to Determine Paternity</heading> <section> <num value="491">§ 491. </num> <heading>Authority for test</heading> <content>In a civil action, in which paternity is a relevant fact, including an action in the district court pursuant to subchapter I of this chapter, the court, upon its own initiative or upon suggestion made by or on behalf of any person whose blood is involved may, or upon motion of any party to the action made at a time so as not to delay the proceedings unduly, shall order the mother, child and alleged father to submit to blood tests. If a party refuses to submit to such tests, the court may resolve the question of paternity against that party or enforce its order if the rights of others and the interests of justice so require.</content> </section> <section> <num value="492">§ 492. </num> <heading>Selection of experts</heading> <content>The tests provided by section 491 of this title shall be made by experts qualified as examiners of blood types who shall be appointed by the court. The experts shall be called by the court as witnesses to testify to their findings and shall be subject to cross-examination by the parties. A party or person at whose suggestion the tests have been ordered may demand that other experts, qualified as examiners of blood types, perform independent tests under orders of court, the results of which may be offered in evidence. The number and qualifications of experts shall be determined by the court.</content> </section> <section> <num value="493">§ 493. </num> <heading>Compensation of expert witnesses</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Except as provided by subsection (b) of this section, the court shall fix the compensation of each expert witness appointed by the court at a reasonable amount. It shall be paid as the court shall order. The court may order that it be paid by the parties in such proportions and at such times as it shall prescribe, and that, after payment by the parties, all or part or none of it be taxed as costs in the action. The fee of an expert witness called by a party but not appointed by the court shall be paid by the party calling him but shall not be taxed as costs in the action.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>If an expert witness appointed by the court is employed by serving with an agency of the United States in the Canal Zone, he may not receive a fee but shall receive his regular full pay for the time spent in performing his services as an expert, without deduction from tune allowed him for leave of absence authorized by law.</content> </subsection> </section> <section> <num value="494">§ 494. </num> <heading>Effect of test results</heading> <content>If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be resolved accordingly. If the experts disagree in their findings or conclusions, the question shall be submitted upon all the evidence. If the experts conclude that the blood tests show the possibility of the alleged father’s paternity, admission of this evidence is within the discretion of the court, depending upon the infrequency of the blood type.</content> </section> <section> <num value="495">§ 495. </num> <heading>Applicability to criminal actions</heading> <chapeau>This subchapter applies to criminal cases subject to the following limitations and provisions:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an order for the tests shall be made only upon application of a party or on the court’s initiative;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the compensation of the experts shall be paid by the Canal Zone Government, except that, if the expert is one who falls within the scope of section 493(b) of this title, that subsection is applicable;</content> </paragraph> <page identifier="/us/stat/76a/697">697</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the court may direct a verdict of acquittal upon the conclusions of all the experts pursuant to section 494 of this title, otherwise the case shall be submitted for determination upon all the evidence.</content> </paragraph> </section> <section> <num value="496">§ 496. </num> <heading>Uniformity of interpretation</heading> <content>This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those States which enact it.</content> </section> <section> <num value="497">§ 497. </num> <heading>Short title</heading> <content>This subchapter may be cited as the Uniform Act on Blood Tests to Determine Paternity.</content> </section> </subchapter> </chapter> <chapter> <num value="17">CHAPTER 17—</num><heading>CHANGE OF NAME</heading> <toc> <headingItem> <designator>Sec.</designator> <label /> </headingItem> <referenceItem role="section"><designator>531.</designator> <label>Jurisdiction.</label></referenceItem> <referenceItem role="section"><designator>532.</designator> <label>Petition for change of name.</label></referenceItem> <referenceItem role="section"><designator>533.</designator> <label>Order to show cause; posting.</label></referenceItem> <referenceItem role="section"><designator>534.</designator> <label>Hearing; order.</label></referenceItem> </toc> <section> <num value="531">§ 531. </num> <heading>Jurisdiction</heading> <content>Applications for changes of names shall be heard and determined by the district court.</content> </section> <section> <num value="532">§ 532. </num> <heading>Petition for change of name</heading> <content> <p class="indent0 firstIndent1 fontsize10">An application for change of name may be made to the division of the district court where the person whose name is proposed to be changed resides, by petition, signed by the person or, if the person is under 21 years of age, if a male, and under 18 years of age, if a female, by one of the parents, if living, or, if both are dead, then by the guardian or, if there is no guardian, then by some near relative or friend.</p> <p class="indent0 firstIndent1 fontsize10">The petition shall specify the place of birth and residence of the person, his or her present name, the name proposed, and the reason for the change of name. If the father of the person is not living, the petition shall name, so far as known to the petitioner, the near relatives of the person, and their places of residence.</p> </content> </section> <section> <num value="533">§ 533. </num> <heading>Order to show cause; posting</heading> <content>Upon the filing of the petition, the court shall make an order reciting the filing of the application, the name of the person by whom it is filed and the name proposed, and directing all persons interested in the matter to appear before the court, at a time and place specified, not less than four or more than eight weeks from the time of making the order, to show cause why the application for change of name should not be granted. A copy of the order to show cause shall be posted by the clerk of the court m three of the most public places in the division in which the court is held, for a period of four successive weeks. Proof of the posting shall be made to the satisfaction of the court at the time of the hearing of the petition.</content> </section> <section> <num value="534">§ 534. </num> <heading>Hearing; order</heading> <content>Objections may be filed by any person who can show the court good reason against the change of name. On the hearing of the petition, the court may examine on oath any of the petitioners, remonstrants, or other persons, touching the application, and may make an order changing the name, or dismissing the petition, as the court deems right and proper.</content> </section> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">Sec.</inline> 2. </num> <content>Section 13(a) of the Act of July 25, 1958 (Public Law 85–550, 72 Stat. 410; 6 U.S.C., sec. 2252 note), is amended by striking out the designation “(1)” preceding the first clause, and by striking out clause (2).</content> </section> <page identifier="/us/stat/76a/698">698</page> <section class="firstIndent1 fontsize10"> <num value="3"><inline class="smallCaps">Sec.</inline> 3. </num><subsection class="inline"><num value="a">(a) </num> <content>Section 14 of Title 18, United States Code, as amended, is amended to read as follows: <quotedContent> <section> <num value="14">“§ 14. </num> <heading>Applicability to Canal Zone; definition</heading> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">“(a) </num> <content>In addition to the sections of this title which by their terms apply to and within the Canal Zone, the following sections of this title apply to and within the Canal Zone: 6, 8, 11, 45, 201, 202, 287, 331, 371, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, 505, 506, 507, 508, 509, 594, 595, 598, 600, 601, 604, 605, 608, 611, 612, 703, 752, 755, 756, 792, 793, 794, 795, 796, 797, 798, as added by section 24(a) of the Act of October 31, 1951 (chapter 655, 65 Stat. 719), 798 as added by section 4 of the Act of June 30, 1953 (chapter 175, 67 Stat. 133), 799, 915, 917, 951, 953, 954, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 1001, 1017, 1024, 1073, 1301, 1364, 1381, 1382, 1542, 1543, 1544, 1546, 1584, 1621, 1622, 1761, 1821, 1914, 1991, 2151, 2152, 2153, 2154, 2155, 2156, 2157, 2199, 2231, 2234, 2235, 2274, 2275, 2277, 2381, 2382, 2383, 2384, 2385, 2387, 2388, 2389, 2390, 2421, 2422, 2423, 2424, 3042, 3059, 3105, 3109, 3187, 3195, 3500.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>The term ‘Canal Zone’, as used in the sections of this title which by their terms apply to and within the Canal Zone, and as used in subsection (a) of this section, includes the area designated as the Canal Zone by sections 1 and 2 of Title 2, Canal Zone Code; and it also includes the corridor over which the United States of America exercises jurisdiction pursuant to the provisions of Article IX of the General Treaty of Friendship and Cooperation between the United States of America and the Republic of Panama, signed March 2, 1936, to the extent that the application, to the corridor, of the sections mentioned in this subsection, and of those specified in subsection (a) of this section, is consistent with the nature of the rights of the United States in the corridor as provided by treaty.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="c">“(c) </num> <content>The definitions of the terms prescribed by sections 5 and 10, or other sections of this title, are modified to effectuate the applicability of the sections enumerated by subsection (a) of this section to and within the Canal Zone.”</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The analysis of chapter 1 of Title 18, United States Code, as amended, preceding section 1 of that title, is amended by striking out the item “14. Applicability to Canal Zone.”, and in lieu thereof inserting “14. Applicability to Canal Zone; definition.”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="4"><inline class="smallCaps">Sec.</inline> 4. </num><subsection class="inline"><num value="a">(a) </num> <content>Chapter 311 of Title 18, United States Code, as amended, is amended by inserting at the end thereof the following section: <quotedContent> <section> <num value="4210">“§ 4210. </num> <heading>Warrants to retake Canal Zone parole violators</heading> <content>“An officer of a Federal penal or correctional institution, or a Federal officer authorized to serve criminal process within the United States, to whom a warrant issued by the Governor of the Canal Zone for the retaking of a parole violator is delivered, shall execute the warrant by taking the prisoner and holding him for delivery to a representative of the Governor of the Canal Zone for return to the Canal Zone.”.</content> </section> </quotedContent> </content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The analysis of chapter 311 of Title 18, United States Code, preceding section 4201 of that title, is amended by adding the following item: <quotedContent> <toc> <referenceItem role="section"><designator>“4210.</designator> <label>Warrants to retake Canal Zone parole violators.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="5"><inline class="smallCaps">Sec.</inline> 5. </num> <content>Title IV of the chapter designated by paragraph (2) of section 501 of the Act of June 30, 1958 (Public Law 85–477, chapter II, 72 Stat. 270) as chapter II of the Mutual Security Act of 1954, as amended, is further amended by adding to section 414 thereof (68 Stat. 848; 22 U.S.C., sec. 1934), as amended by paragraph (k) of<page identifier="/us/stat/76a/699">699</page> section 205 of the said Act of June 30, 1958 (72 Stat. 267), the following subsection: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">“(d) </num> <content>This section applies to and within the Canal Zone.”.</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="6"><inline class="smallCaps">Sec.</inline> 6. </num> <content>That part of section 1 of the Act of June 12, 1917 (chapter 27, 40 Stat. 105), constituting the third full paragraph on page 179 of Volume 40, Statutes at Large (24 U.S.C., sec. 196), as amended, is amended to read as follows: <quotedContent> <p class="indent0 firstIndent1 fontsize10">“Upon the application of the Governor of the Canal Zone, the Secretary of Health, Education, and Welfare may transfer to Saint Elizabeths Hospital, in the District of Columbia, for treatment, any American citizen subject to a hospitalization order issued under section 1637 of Title 5 of the Canal Zone Code, whose legal residence in one of the States, territories, the Commonwealth of Puerto Rico or the District of Columbia for the purpose of eligibility for public medical care it has been impossible to establish. Upon the ascertainment of the legal residence of persons so transferred to Saint Elizabeths Hospital, the superintendent of that hospital shall thereupon transfer them to their respective places of residence, and the expenses attendant thereon shall be paid from the appropriation for the support of Saint Elizabeths Hospital.”.</p> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="7"><inline class="smallCaps">Sec.</inline> 7. </num> <content>The first sentence of section 414 of Title 28, United States Code, is amended to read as follows: “All government publications and law books furnished to justices, judges, clerks of courts, and United States attorneys of the United States and its territories and possessions, and other officers of the United States or an agency thereof shall be transmitted to their successors in office.”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="8"><inline class="smallCaps">Sec.</inline> 8. </num> <content>Subsection (b) of section 647 of Title 28, United States Code, is amended by inserting “including those of the courts or Government of the Canal Zone,” after “United States,” so that the subsection will read as follows: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>He shall execute all lawful writs, process and orders issued under authority of the United States, including those of the courts and Government of the Canal Zone, and command all necessary assistance to execute his duties.”.</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="9"><inline class="smallCaps">Sec.</inline> 9. </num> <content>Section 1404 of Title 28, United States Code, is amended by adding subsection (d) thereto, to read as follows: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">“(d) </num> <content>As used in this section, ‘district court’ includes the United States District Court for the District of the Canal Zone; and ‘district’ includes the territorial jurisdiction of that court.”.</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="10"><inline class="smallCaps">Sec.</inline> 10. </num> <content>Section 1406 of Title 28, United States Code, as amended, is amended by adding subsection (d) thereto, to read as follows: <quotedContent> <subsection class="indent0 firstIndent1 fontsize10"> <num value="d">“(d) </num> <content>As used in this section, ‘district court’ includes the United States District Court for the District of the Canal Zone; and ‘district’ includes the territorial jurisdiction of that court.”.</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="11"><inline class="smallCaps">Sec.</inline> 11. </num> <content>Section 2 of the Act of November 15, 1941 (chapter 471, 55 Stat. 763; 50 U.S.C., sec. 191a), is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="2">“<inline class="smallCaps">Sec.</inline> 2. </num> <content>When the Coast Guard operates as a part of the Navy pursuant to section 3 of Title 14, United States Code, the powers conferred on the Secretary of the Treasury by section 1, title II, of the Act of June 15, 1917 (40 Stat. 220; U.S.C., title 50, sec. 191), shall vest in and be exercised by the Secretary of the Navy.”.</content> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="12"><inline class="smallCaps">Sec.</inline> 12. </num> <content>Section 4 of the Act of November 15, 1941 (chapter 471, 55 Stat. 763; 50 U.S.C., sec. 191b), as amended by subsection (b) of section 2 of the Act of September 26, 1950 (chapter 1049, 64 Stat. 1038), is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="4">“<inline class="smallCaps">Sec.</inline> 4. </num> <content>This Act and section 91 of Title 14, United States Code, do not affect the authority conferred upon the Governor of the Canal Zone by the second paragraph of section 1, title II, Act of June 15, 1917 (40 Stat. 220; U.S.C., title 50, sec. 191), notwithstanding the<page identifier="/us/stat/76a/700">700</page> provisions of section 2 of this Act; nor do they affect the powers and authority conferred by section 34 of Title 2, Canal Zone Code.”.</content> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="13"><inline class="smallCaps">Sec.</inline> 13. </num> <content>The Act of August 1, 1956 (chapter 849, 70 Stat. 899; 50 U.S.C., secs. 851–857) is amended by adding thereto the following section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="10">“<inline class="smallCaps">Sec.</inline> 10. </num> <content>This Act applies to and within the Canal Zone.”.</content> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="14"><inline class="smallCaps">Sec.</inline> 14. </num> <content>Section 1 of the Joint Resolution of May 3, 1943 (chapter 92, 57 Stat. 74), is amended by striking out the two provisos therein, including the colons preceding and following the first of the two provisos.</content> </section> <section class="firstIndent1 fontsize10"> <num value="15"><inline class="smallCaps">Sec.</inline> 15. </num> <content>If the United States District Court for the District of the Canal Zone finds that, on a date ninety days prior to the effective date of the Canal Zone Code, enacted by section 1 of this Act, a person had completed or was actively engaged in the study of law that would qualify him to take the bar examination under clause (2) or clause (3) of Rule 5 of Part VI of the Rules of the Court in effect on that date, the court may permit him to take the bar examination and to be admitted to the bar, if he otherwise qualifies, as if section 541 of Title 3 of the Canal Zone Code had not been enacted by this Act.</content> </section> <section class="firstIndent1 fontsize10"> <num value="16"><inline class="smallCaps">Sec.</inline> 16. </num> <content>The provisions carried into sections 251 and 252 of Title 4 of the Canal Zone Code, enacted by section 1 of this Act, do not, as revised, invalidate any part of a will or other instrument executed prior to the effective date of this Act, and any such part which would have been valid prior to that date shall be valid irrespective of the revised provisions. The republication of a will executed prior to the effective date of this Act by a codicil executed after that date shall not constitute execution of the will after that date within the meaning of this section.</content> </section> <section class="firstIndent1 fontsize10"> <num value="17"><inline class="smallCaps">Sec.</inline> 17. </num> <content>Sections 548 and 549 of Title 5, Canal Zone Code, enacted by section 1 of this Act, relating to the exemption of property from execution or attachment, do not apply to the enforcement of judgments which became final prior to the effective date of this Act.</content> </section> <section class="firstIndent1 fontsize10"> <num value="18"><inline class="smallCaps">Sec.</inline> 18. </num> <content>The provisions of the Canal Zone Code, enacted by section 1 of this Act, with respect to the organization of the Canal Zone Government, the Panama Canal Company, and the courts in the Canal Zone, shall be construed as continuations of existing law, and the tenure of the officers and employees thereof, including the judges, the United States attorney, the marshal, and their deputies and assistants, in office on the effective date of this Act, shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of the Canal Zone Code, enacted by section 1 of this Act, pursuant to his prior appointment, until his tenure expires and his successor is appointed and has qualified, or unless he is removed, discharged or transferred under authority of that Code. No loss of rights, interruption of jurisdiction or prejudice to matters pending in any of the courts in the Canal Zone on the effective date of this Act shall result from its enactment.</content> </section> <section class="firstIndent1 fontsize10"> <num value="19"><inline class="smallCaps">Sec.</inline> 19. </num> <content>Orders, rules, and regulations in effect under laws repealed by section 26 of this Act, shall, to the extent that they would have been authorized under the Canal Zone Code, enacted by section 1 of this Act, remain in force and effect as orders, rules, and regulations under that Code, and shall be administered and enforced under that Code as nearly as may be until repealed, amended or superseded thereunder.</content> </section> <section class="firstIndent1 fontsize10"> <num value="20"><inline class="smallCaps">Sec.</inline> 20. </num> <content>References that other laws, orders, rules, and regulations make to laws repealed by section 26 of this Act shall be considered to be made to the corresponding or most nearly corresponding provisions of the Canal Zone Code, enacted by section 1 of this Act.</content> </section> <page identifier="/us/stat/76a/701">701</page> <section class="firstIndent1 fontsize10"> <num value="21"><inline class="smallCaps">Sec.</inline> 21. </num> <content>An inference of a legislative construction is not to be drawn by reason of the article, subchapter, chapter, part or title in the Canal Zone Code, enacted by section 1 of this Act, in which a section is placed or by reason of the caption or catchline thereto.</content> </section> <section class="firstIndent1 fontsize10"> <num value="22"><inline class="smallCaps">Sec.</inline> 22. </num> <content>If a provision of the Canal Zone Code, enacted by section 1 of this Act, is held invalid, the remainder is not affected thereby unless a remaining provision is so related to the invalid provision that logical effect cannot be given to the remaining provision without the invalid provision. If a provision of the Code is invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid applications.</content> </section> <section class="firstIndent1 fontsize10"> <num value="23"><inline class="smallCaps">Sec.</inline> 23. </num> <content>The repeal of laws provided for by section 26 of this Act does not affect rights accruing or that have accrued or were acquired or established, or civil or criminal liabilities, penalties or forfeitures that were incurred, or judicial or administrative proceedings that were begun, under any of the laws so repealed, before the effective date of this Act; but, subject to section 19 of this Act, the proceedings in such a case shall conform with the procedure established by or under the authority of the Canal Zone Code, enacted by section 1 of this Act, unless such conformity, in the opinion of the court or administrative authority, would not be feasible or would work injustice.</content> </section> <section class="firstIndent1 fontsize10"> <num value="24"><inline class="smallCaps">Sec.</inline> 24. </num> <content>The repeal, by section 26 of this Act, of sections 11, 12, 121, 122 and 123 of Title 2, and section 1763 of Title 4, of the Canal Zone Code of 1934, does not repeal or affect the corresponding Federal laws, classified to the United States Code (Title 15 § 31; Title 60 § 191; Title 5 §§ 790, 791, 793; 24 U.S.C. § 196), from which they were derived.</content> </section> <section class="firstIndent1 fontsize10"> <num value="25"><inline class="smallCaps">Sec.</inline> 25. </num> <content>This Act takes effect January 2, 1963. Laws enacted after January 9, 1962, that are inconsistent with this Act, supersede it to the extent of the inconsistency.</content> </section> <section class="firstIndent1 fontsize10"> <num value="26"><inline class="smallCaps">Sec.</inline> 26. </num> <subsection class="indent0 firstIndent1 fontsize10"> <num value="a">(a) </num> <content>The Code of Laws for the Canal Zone, enacted by the Act of June 19, 1934 (chapter 667, 48 Stat. 1122), is hereby repealed.</content> </subsection> <subsection class="indent0 firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The Acts or parts of Acts enumerated in the following schedule are hereby repealed. <page identifier="/us/stat/76a/702">702</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> </caption> <thead> <tr class="header" style="font-size:8pt"> <th colspan="6" style="width:75%; text-align:center; border-top:1px solid black">STATUTES AT LARGE</th> <th colspan="2" style="width:25%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">C.Z. CODE 1934</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:15%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Date</th> <th style="width:12%; text-align:center; border-left:1px solid black; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Chapter</th> <th style="width:12%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Title</th> <th style="width:12%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Section</th> <th style="width:12%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Volume</th> <th style="width:12%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Page</th> <th style="width:12%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Title</th> <th style="width:12%; text-align:center; border-bottom:1px solid black">Section</th> </tr> </thead> <tbody> <tr> <td style="text-align:right" leaders="yes">1936—May 13</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">381</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">49</td> <td style="text-align:right">1269</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">4</td> <td style="text-align:left">981.</td> </tr> <tr> <td style="text-align:right" leaders="yes">May 13</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">381</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">2</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">49</td> <td style="text-align:right">1270</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">6</td> <td style="text-align:left">843.</td> </tr> <tr> <td style="text-align:right" leaders="yes">June 24</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">754</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">49</td> <td style="text-align:right">1903</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">13.</td> </tr> <tr> <td style="text-align:right" leaders="yes">June 24</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">754</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">4</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">49</td> <td style="text-align:right">1905</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">142.</td> </tr> <tr> <td style="text-align:right" leaders="yes">June 24</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">754</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">8</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">49</td> <td style="text-align:right">1905</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">158.</td> </tr> <tr> <td style="text-align:right" leaders="yes">June 24</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">754</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">9</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">49</td> <td style="text-align:right">1906</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">159.</td> </tr> <tr> <td style="text-align:right" leaders="yes">June 24</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">754</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">11</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">49</td> <td style="text-align:right">1906</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">5</td> <td style="text-align:left">603.</td> </tr> <tr> <td style="text-align:right" leaders="yes">June 24</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">754</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">12</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">49</td> <td style="text-align:right">1906</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">5</td> <td style="text-align:left">876.</td> </tr> <tr> <td style="text-align:right" leaders="yes">June 24</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">754</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">13</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">49</td> <td style="text-align:right">1907</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">6</td> <td style="text-align:left">132.</td> </tr> <tr> <td style="text-align:right" leaders="yes">1937—July 8</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">443</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">50</td> <td style="text-align:right">478</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"></td> </tr> <tr> <td style="text-align:right" leaders="yes">July 9</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">470</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">50</td> <td style="text-align:right">486</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">14.</td> </tr> <tr> <td style="text-align:right" leaders="yes">July 9</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">470</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">2</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">50</td> <td style="text-align:right">486</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">44.</td> </tr> <tr> <td style="text-align:right" leaders="yes">July 9</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">470</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">3</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">50</td> <td style="text-align:right">487</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">81.</td> </tr> <tr> <td style="text-align:right" leaders="yes">July 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">487</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">50</td> <td style="text-align:right">509</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">62.</td> </tr> <tr> <td style="text-align:right" leaders="yes">July 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">487</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">2</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">50</td> <td style="text-align:right">510</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">323.</td> </tr> <tr> <td style="text-align:right" leaders="yes">July 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">487</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">3</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">50</td> <td style="text-align:right">510</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">3</td> <td style="text-align:left">61(a).</td> </tr> <tr> <td style="text-align:right" leaders="yes">July 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">487</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">4</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">50</td> <td style="text-align:right">510</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">3</td> <td style="text-align:left">1270.</td> </tr> <tr> <td style="text-align:right" leaders="yes">July 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">487</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">5</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">50</td> <td style="text-align:right">510</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">3</td> <td style="text-align:left">1312.</td> </tr> <tr> <td style="text-align:right" leaders="yes">July 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">487</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">6</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">50</td> <td style="text-align:right">510</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">4</td> <td style="text-align:left">182(b).</td> </tr> <tr> <td style="text-align:right" leaders="yes">July 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">487</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">7</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">50</td> <td style="text-align:right">510</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">5</td> <td style="text-align:left">514.</td> </tr> <tr> <td style="text-align:right" leaders="yes">July 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">487</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">8</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">50</td> <td style="text-align:right">510</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">6</td> <td style="text-align:left">571.</td> </tr> <tr> <td style="text-align:right" leaders="yes">July 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">487</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">9</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">50</td> <td style="text-align:right">511</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">7</td> <td style="text-align:left">43.</td> </tr> <tr> <td style="text-align:right" leaders="yes">July 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">487</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">50</td> <td style="text-align:right">511</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">222.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Aug. 24</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">752</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">50</td> <td style="text-align:right">750</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">412.</td> </tr> <tr> <td style="text-align:right" leaders="yes">1938—Mar. 26</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">51</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">52</td> <td style="text-align:right">118</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">7</td> <td style="text-align:left">42.</td> </tr> <tr> <td style="text-align:right" leaders="yes">1940—June 13</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">358</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">54</td> <td style="text-align:right">387</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">10.</td> </tr> <tr> <td style="text-align:right" leaders="yes">June 13</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">358</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">2</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">54</td> <td style="text-align:right">389</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">271–281.</td> </tr> <tr> <td style="text-align:right" leaders="yes">June 13</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">358</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">3</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">54</td> <td style="text-align:right">390</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">5</td> <td style="text-align:left">843.</td> </tr> <tr> <td style="text-align:right" leaders="yes">June 13</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">358</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">4</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">54</td> <td style="text-align:right">391</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">6</td> <td style="text-align:left">125.</td> </tr> <tr> <td style="text-align:right" leaders="yes">June 13</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">358</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">5</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">54</td> <td style="text-align:right">391</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">6</td> <td style="text-align:left">521.</td> </tr> <tr> <td style="text-align:right" leaders="yes">1941—Dec. 12</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">569</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:right; border-right:1px solid black">55</td> <td style="text-align:right">798, 799</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">15.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Dec. 16</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">580</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">55</td> <td style="text-align:right">802</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">6</td> <td style="text-align:left">365.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Dec. 16</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">580</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">2</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">55</td> <td style="text-align:right">802</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">6</td> <td style="text-align:left">861a.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Dec. 16</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">580</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">3</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">55</td> <td style="text-align:right">803</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">7</td> <td style="text-align:left">26a.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Dec. 16</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">581</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">55</td> <td style="text-align:right">803</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">3</td> <td style="text-align:left">2264.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Dec. 16</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">581</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">2</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">55</td> <td style="text-align:right">803</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">3</td> <td style="text-align:left">2265.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Dec. 16</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">581</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">3</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">55</td> <td style="text-align:right">803</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">3</td> <td style="text-align:left">2265a.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Dec. 16</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">581</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">4</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">55</td> <td style="text-align:right">804</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">3</td> <td style="text-align:left">2274.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Dec. 16</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">581</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">5</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">55</td> <td style="text-align:right">804</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">5</td> <td style="text-align:left">784.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Dec. 16</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">583</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">55</td> <td style="text-align:right">804</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">142.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Dec. 16</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">583</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">2</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">55</td> <td style="text-align:right">805</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">5</td> <td style="text-align:left">829.</td> </tr> <tr> <td style="text-align:right" leaders="yes">1942—Oct. 1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">574</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:right; border-right:1px solid black">56</td> <td style="text-align:right">763, 764</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">5</td> <td style="text-align:left">581–584.</td> </tr> <tr> <td style="text-align:right" leaders="yes">1944—July 1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">366</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:right; border-right:1px solid black">58</td> <td style="text-align:right">676</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">7</td> <td style="text-align:left">42.</td> </tr> <tr> <td style="text-align:right" leaders="yes">1947—July 24</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">308</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1, 2, 3, 4, 5</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">61</td> <td style="text-align:right">415, 416</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"></td> </tr> <tr> <td style="text-align:right" leaders="yes">1948—July 25</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">646</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">31</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">62</td> <td style="text-align:right">991</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">7</td> <td style="text-align:left">42.</td> </tr> <tr> <td style="text-align:right" leaders="yes">June 29</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">706</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">2</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">62</td> <td style="text-align:right">1076–1080</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">245–256.</td> </tr> <tr> <td style="text-align:right" leaders="yes">1949—Aug. 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">415</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">63</td> <td style="text-align:right">593</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">84.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Aug. 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">415</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">2</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">63</td> <td style="text-align:right">594</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">181, 182.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Aug. 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">415</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">3</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">63</td> <td style="text-align:right">594</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">303.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Aug. 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">415</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">4</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">63</td> <td style="text-align:right">595</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">3</td> <td style="text-align:left">225.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Aug. 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">415</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">5</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">63</td> <td style="text-align:right">595, 596</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">4</td> <td style="text-align:left">1470a–1470f.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Aug. 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">415</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">6</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">63</td> <td style="text-align:right">596</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">4</td> <td style="text-align:left">1703.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Aug. 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">415</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">7</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">63</td> <td style="text-align:right">597</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">5</td> <td style="text-align:left">573.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Aug. 10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">415</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">8</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">63</td> <td style="text-align:right">597</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">5</td> <td style="text-align:left">812.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Aug. 12</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">422</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">63</td> <td style="text-align:right">600, 601</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">16–18.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Aug. 12</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">422</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">3</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">63</td> <td style="text-align:right">602</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">85.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Aug. 12</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">422</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">4</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">63</td> <td style="text-align:right">602</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">124.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Aug. 12</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">422</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">5</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">63</td> <td style="text-align:right">602</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">6</td> <td style="text-align:left">906.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Oct. 25</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">705</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1, 2</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">63</td> <td style="text-align:right">887</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"></td> </tr> <tr> <td style="text-align:right" leaders="yes">1950—Sept. 26</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">1049</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">64</td> <td style="text-align:right">1038</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">5.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Sept. 26</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">1049</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">2(c)</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">64</td> <td style="text-align:right">1038</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">4</td> <td style="text-align:left">982, 987, 1024.</td> </tr> <tr> <td style="text-align:left"></td> <td style="text-align:left; border-left:1px solid black; border-right:1px solid black"> </td> <td style="text-align:left; border-right:1px solid black"> </td> <td style="text-align:left"></td> <td style="text-align:left; border-left:1px solid black; border-right:1px solid black"> </td> <td style="text-align:left"></td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">5</td> <td style="text-align:left">833.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Sept. 26</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">1049</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">2(d)</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">64</td> <td style="text-align:right">1038</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">5</td> <td style="text-align:left">836.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Sept. 26</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">1049</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">2(e)</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">64</td> <td style="text-align:right">1038</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">7.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Sept. 26</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">1049</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">3</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">64</td> <td style="text-align:right">1039</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">10.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Sept. 26</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">1049</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">4</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">64</td> <td style="text-align:right">1040</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">82.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Sept. 26</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">1049</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">5</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">64</td> <td style="text-align:right">1041</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">245.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Sept. 26</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">1049</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">6</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">64</td> <td style="text-align:right">1041</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">246(c).</td> </tr> <tr> <td style="text-align:right" leaders="yes">Sept. 26</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">1049</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">7</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">64</td> <td style="text-align:right">1041</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">246(e).</td> </tr> <tr> <td style="text-align:right" leaders="yes">Sept. 26</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">1049</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">8</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">64</td> <td style="text-align:right">1041</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">248(e).</td> </tr> <tr> <td style="text-align:right" leaders="yes">Sept. 26</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">1049</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">9</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">64</td> <td style="text-align:right">1042</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">249.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Sept. 26</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">1049</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">10</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">64</td> <td style="text-align:right">1042</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">255–258.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Sept. 26</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">1049</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">11</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">64</td> <td style="text-align:right">1042</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">411.</td> </tr> <tr> <td style="text-align:right" leaders="yes">Sept. 26</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">1049</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">12</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">64</td> <td style="text-align:right">1042</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">412.</td> </tr> </tbody> </table> <page identifier="/us/stat/76a/703">703</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <caption> </caption> <thead> <tr class="header" style="font-size:8pt"> <th colspan="6" style="width:75%; text-align:center; border-top:1px solid black">STATUTES AT LARGE</th> <th colspan="2" style="width:25%; text-align:center; border-left:1px solid black; border-top:1px solid black; border-bottom:1px solid black">C.Z. CODE 1934</th> </tr> <tr class="header" style="font-size:8pt"> <th style="width:15%; text-align:center; border-top:1px solid black; border-bottom:1px solid black">Date</th> <th style="width:12%; text-align:center; border-left:1px solid black; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Chapter</th> <th style="width:12%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Title</th> <th style="width:12%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Section</th> <th style="width:12%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Volume</th> <th style="width:12%; text-align:center; border-right:1px solid black; border-top:1px solid black; border-bottom:1px solid black">Page</th> <th style="width:12%; text-align:center; border-right:1px solid black; border-bottom:1px solid black">Title</th> <th style="width:12%; text-align:center; border-bottom:1px solid black">Section</th> </tr> </thead> <tfoot> <tr> <td colspan="8" style="text-align:justify; text-indent:1em; font-size:6pt"><footnote xmlns="http://schemas.gpo.gov/xml/uslm" id="fntable703001"><sup xmlns="http://schemas.gpo.gov/xml/uslm">1</sup> Only the first proviso in the paragraph headed “Canal Zone Government,” on page 200.</footnote></td> </tr> <tr> <td colspan="8" style="text-align:justify; text-indent:1em; font-size:6pt"><footnote xmlns="http://schemas.gpo.gov/xml/uslm" id="fntable703002"><sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup> First paragraph of this section, only.</footnote></td> </tr> </tfoot> <tbody> <tr> <td style="text-align:right" leaders="yes">1953—July 27</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">245</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">101 (part)</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">67</td> <td style="text-align:right"><ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fntable703001"><sup xmlns="http://schemas.gpo.gov/xml/uslm">1</sup></ref>200</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:left"></td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left"></td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black"> </td> <td style="text-align:left"></td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black"> </td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:right" leaders="yes">July 27</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">245</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">105</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">67</td> <td style="text-align:right">202</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:right" leaders="yes">July 27</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">245</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">106</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">67</td> <td style="text-align:right">202</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:right" leaders="yes">July 27</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">245</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">107</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">67</td> <td style="text-align:right">202</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:right" leaders="yes">1954—Feb. 20</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">12</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">68</td> <td style="text-align:right">17</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:right" leaders="yes">June 30</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">425</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">105<ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fntable703002"><sup xmlns="http://schemas.gpo.gov/xml/uslm">2</sup></ref></td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">68</td> <td style="text-align:right">335</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:right" leaders="yes">June 30</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">425</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">107</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">68</td> <td style="text-align:right">335</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:right" leaders="yes">Aug. 23</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">839</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:right; border-right:1px solid black">68</td> <td style="text-align:right">773, 774</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">3</td> <td style="text-align:left">373, 374.</td> </tr> <tr> <td style="text-align:right" leaders="yes">1955—June 28</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">200</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:right; border-right:1px solid black">69</td> <td style="text-align:right">188, 189</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">521, 522.</td> </tr> <tr> <td style="text-align:right" leaders="yes">June 30</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">253</td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black" leaders="yes">II</td> <td style="text-align:left" leaders="yes">204</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">69</td> <td style="text-align:right">236</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:right" leaders="yes">1956—July 9</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">532</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:right; border-right:1px solid black">70</td> <td style="text-align:right">515, 516</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">501, 505.</td> </tr> <tr> <td style="text-align:right" leaders="yes">July 23</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">665</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">70</td> <td style="text-align:right">596</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:right" leaders="yes">July 23</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">665</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">2</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">70</td> <td style="text-align:right">596</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:right" leaders="yes">1958—Mar. 17</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">P.L. 85–346</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">72</td> <td style="text-align:right">37</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">282.</td> </tr> <tr> <td style="text-align:right" leaders="yes">May 19</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">P.L. 85–419</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:right; border-right:1px solid black">72</td> <td style="text-align:right">121</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">5</td> <td style="text-align:left">831.</td> </tr> <tr> <td style="text-align:right" leaders="yes">July 25</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">P.L. 85–550</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left">2, 3, 4, 5, 6, 7,</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">72</td> <td style="text-align:right">406–409</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:left"></td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left"> 8, 9, 10, 11,</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black"> </td> <td style="text-align:left"></td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black"> </td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:left"></td> <td style="text-align:left; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black"> </td> <td style="text-align:left"> 12.</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black"> </td> <td style="text-align:left"></td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black"> </td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:right" leaders="yes">July 25</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">P.L. 85–550</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">14, 15</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">72</td> <td style="text-align:right">410, 411</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:right" leaders="yes">Aug. 8</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">P.L. 85–613</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:right; border-right:1px solid black">72</td> <td style="text-align:right">543</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:right" leaders="yes">1959—Aug. 25</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">P.L. 86–200</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">2</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">73</td> <td style="text-align:right">428</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">2</td> <td style="text-align:left">254.</td> </tr> <tr> <td style="text-align:right" leaders="yes">1960—July 14</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">P.L. 86–672</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">74</td> <td style="text-align:right">552</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:right" leaders="yes">1961—Sept. 16</td> <td style="text-align:right; vertical-align:bottom; border-left:1px solid black; border-right:1px solid black">P.L. 87–252</td> <td style="text-align:left; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left" leaders="yes">1</td> <td style="text-align:right; border-left:1px solid black; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:right; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:right; border-right:1px solid black">_ _ _ _ _</td> <td style="text-align:left"> </td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; vertical-align:bottom; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:right; border-right:1px solid black; border-bottom:1px solid black"> </td> <td style="text-align:left; border-bottom:1px solid black"> </td> </tr> </tbody> </table> <action> <actionDescription>Approved October 18, 1962.</actionDescription> </action> </content> </subsection> </section> </chapter>